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2014-09-16 CC Packet
i 1 1 atec 114E 1 IRTMELA CE OF MINNESOTA REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North September 16, 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 September 2, 2014 regular and recessed meeting minutes V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2. Certificate of Appreciation: McKusick Lake Pier — McKusick Lake Water Association, Sunrise & Noon Rotary Club 3. Presentation - Pollinator Friendly Community - Laurie Schneider 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 4. Police Chief 5. Fire Chief 6. City Clerk — Name the Park Update 7. Community Development Dir. 8. Public Works Dir. 9. Finance Director 10. City Attorney 11. 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. 12. Resolution 2014-148, directing payment of bills 13. Possible approval of sanitary sewer adjustments 14. Possible approval to purchase switch for Public Works — MIS (available Tuesday) 15. Possible approval to purchase firewalls for Parking Ramp, Recreation Center, Lily Lake Arena and City Hall (available Tuesday) 16. Resolution 2014-149, approving issuance of Sunday Taproom Liquor License to Maple Island Brewing, LLC, DBA: Maple Island Brewing 17. Possible approval of capital release request — Library 18. Possible approval of Special Event - Lift Bridge Beer Run 19. Possible approval of temporary liquor license- Valley Chamber Chorale, December 12, 13, 13, 2014 IX. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 20. Case No. 2014-27. This is the date and time for a public hearing to consider a request by Sheryl Jespersen for approval of a Bed and Breakfast to be located at 1005 William St N, located in the RB: Two -Family Residential Zoning District. Sheryl Jespersen, applicant. Notices were mailed to affected property owners and published in the Stillwater Gazette on August 29, 2014. (Resolution — Roll Call) POSTPONED AT THE REQUEST OF THE APPLICANT TO THE OCTOBER 7, 2014 MEETING 21. Case No. 2014-28. This is the date and time for a public hearing to consider a request by Renee Haugen for approval of a Bed and Breakfast, and variances associated thereof, to be located at 116 Harriet Ave, located in the RB: Two -Family Residential Zoning District. Renee Haugen, applicant. Notices were mailed to affected property owners and published in the Stillwater Gazette on August 29, 2014. (Resolution — Roll Call) X. UNFINISHED BUSINESS 22. Proposed plan for the removal of the Zephyr train 23. Possible approval of extension agreement with Stillwater Caves LLC XI. NEW BUSINESS 24. Possible approval of Special Meeting for General Election Canvassing Board 25. Possible approval of the first reading of an Ordinance Amending The Stillwater City Code Chapter 31, Entitled Zoning Ordinance By Adding Cost of Construction Indexing to the Design Permit Valuation Threshold (1St Reading — Roll Call) 26. Possible adoption of resolutions (3 separate resolutions - Roll Call) (Available Tuesday) a. Adopting the proposed tax levy for the payable year 2015 b. Adopting the proposed budget for the year 2015 c. Setting payable 2015 Truth -in -Taxation meeting date 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 to executive session for city administrator performance review Bee Swell! Insist on No Neonics When You Buy Your Plants and Flowers "Neo-nics" are invisible and highly toxic pesticides found in 53% of nursery plants sampled* and hurt all our garden friends. Go to beeswell.org for *more info and Dave Magnuson From: Dave Buelow <dave@businessison.com> Sent: Friday, September 12, 2014 8:35 AM To: Dave Magnuson Subject Re: Stillwater Caves Sony Dave. I was out of the office for a few days sick and am now down in Phoenix on business. I will check with my client and see. Dave Buelow 2900 Washington Ave. N. Minneapolis, MN 55411 Office: 763-201-1208 Cell: 612-207-1811 On Sep 11, 2014, at 2:33 PM, "Dave Magnuson" <dtmagnuson(&,magnusonlawfirm.com> wrote: David, Could you get back on this? The clerk sends out the packets tomorrow at noon and it would be great if we could have the addendum inked to include in the packets. Let me know. Dave Magnuson -----Original Message From: Dave Magnuson Sent: Thursday, September 04, 2014 1:21 PM To: edbuelow@koepkelaw.comi Subject: FW: Stillwater Caves David, Attached is an Addendum for your review. This will get us through to the end of the year. We should look at this again during the first week of December. It will be better to ask for another extension before the deadline passes. I will wait to hear from you before I have the City sign. How is it looking for the Oct. 1st Central Bank Loan Committee meeting? Dave Magnuson --Original Message ----- From: front.scanner@magnusonlawfirm.com [mailto:frontscanner@magnusonlawfirm.com] Sent: Thursday, September 04, 2014 1:11 PM To: Dave Magnuson Subject: This E-mail was sent from "RNP9DDD4C" (Aficio 3045). 1 Scan Date: 09.04.2014 13:10:38 (-0500) Queries to: front.scanner@magnusonlawfiiiii.com <20140904131038814.pdf> 2 DRAFT - 9-3-14 ADDENDUM NO. 1 TO THE CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE CITY OF STILLWATER, MINNESOTA STILL AND ATER CAVES, LLC A MINNESOTA LIMITED LIABILITY COMPANY Originally Effective December 3, 2013 This Instrument Drafted By: David T. Magnuson Magnuson Law Firm 324 Main Street South, Suite 260 Stillwater, MN 55082 (651) 439-9464 ADDENDUM NO. 1 TO THE CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE CITY OF STILLWATER, MINNESOTA AND STILLWATER CAVES, LLC A MINNESOTA LIMITED LIABILITY COMPANY Originally Effective December 3, 2013 INTRODUCTION. The Contract for Redevelopment between the City of Stillwater, Minnesota, and Stillwater Caves, LLC, a Minnesota Limited Liability Company effective December 3, 2013, ("the Contract") provides that certain conditions be satisfied or waived in writing by August 15, 2014. Conditions set forth in Sections 3.1.1. and 3.1.2. of the Contract were not satisfied or waived in writing by August 15, 2014. This Addendum will provide for an extension of the August 15, 2014, date and also to adjust other dates to comply with the adjusted deadline. AMENDMENTS. The Contract is therefore amended as follows: 1. The date of August 15, 2014, set forth in Section 3.1 is changed to read "December 31, 2014." 3.3.2B1 is restated to read: "B1. Provided that no Event of Default has occurred and is continuing hereunder, the balance of the Tax Increment Assistance is payable from Available Tax Increments on each February 1 and August 1, commencing on August 1, 2018, if the Minimum Improvements are completed before July 1, 2016." 3. 3.3.2 D is restated to read: "D. The obligation of the City to apply available Tax Increments to payment of the Tax Increment Assistance terminates on the earlier of: (i) 25 years from the date of receipt by the City of the first increment; (ii) upon the occurrence of an Event of Default hereunder." 4. Section 4.3.1 is changed to require the Redeveloper to commence construction by August 15, 2015 and to complete construction by July 1, 2016. SAVINGS. In all other ways the Contract that was effective December 3, 2013 will remain in effect. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this day of , 2014. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk REDEVELOPER: STILLWATER CAVES, LLC a Minnesota Limited Liability Company By Its: STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON On this day of , 2014, before me, a Notary Public within and for said County, appeared Ken Harycki, and Diane Ward, to me personally known who, being duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a Minnesota Municipal corporation. STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON Notary Public The foregoing instrument was acknowledged before me this 2014, by , the authorized agent for Stillwater Caves, LLC, a Minnesota Limited Redeveloper. 2 day of , duly Liability Company, the Notary Public RESOLUTION 2014-148 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 $570,564.67 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 16th day of September, 2014. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT "A" TO RESOLUTION #2014-148 Page 1 LIST OF BILLS 3M Electro cut film 1175c 472.50 Ace Hardware Supplies 360.91 Action Rental Inc. Concrete and trailer rental 535.00 Amdahl Locksmith Inc Chris Adjust front door 114.00 Ancom Technical Center Pager replacement shipping 12.00 Aspen Mills Uniforms 1,592.26 Astleford International Equipment repairs 1,044.98 Bear Roofing & Exteriors Inc VOID Permit 2014-00802 Refund 123.65 Bells Trucking Inc. Made drive for propane trucks & Willard St storm pond 10,581.00 Board of Water Commissioner WAC Charges 14,355.00 Boyer Trucks Truck parts 33.84 Brady Doug Reimburse for mileage to Breezy Point 183.12 Brines Market Meals for budget workshop 54.84 Bryan Rock Products Inc. Fishing pier supplies 69.03 BWBR Professional services - fire hall 10,512.10 Campion Barrow & Associates Fire services 830.00 Carquest Auto Parts Auto parts and supplies 210.72 CDW Government Inc. PD Printer 544.82 Century Link Phone 140.88 Century Power Equipment Parts - USA Trail 259.98 Cole Papers Low density can liners 771.00 Comcast Internet & Voice 431.55 CoStar Realty Information Inc Property professional 316.00 Cub Foods Board & commission picnic supplies and food 560.06 Diamond Vogel Paints Paint 1,115.50 ECM Publishers Publications 239.25 Emergency Essentials LLC Emergency flash light listick and whistle 686.20 Emergency Medical Products 4 Lifepack AEDs 1,980.00 Enterprise FM Trust Fire lease vehicle 994.92 Enterprise Products Operating Propane 10,858.82 Fastenal Company Supplies 6.61 FedEx Shipping costs 51.62 First Air Products 1st responder kit jump bags 3,530.02 FleetPride Oil sealer 61.74 Foremost Promotions Reflective halloween bags - 390.00 Fury Stillwater Oil change 46.09 G & K Services Mats & Uniforms 958.66 Gertens Wholesale Trees 1,413.00 Goodyear Commercial Tire Tires 373.84 Gopher State One Call Inc. Tickets 438.10 Granicus Inc Qtrly web streaming service 2,106.84 Hansen Larry Reimburse for refreshments for board picnic 68.47 HD Supply Waterworks Ltd. Pedestrian grate F inline drain 395.00 Jimmys Johnnys Inc. Toilet rental 771.93 Junker Brad Reimburse for mileage for classes 165.20 Kirvida Fire Inc. Replace hoses and clamps 446.77 Laerdal Medical Corporation MiniAnne Plus 1,106.95 Lake Elmo Oil Inc fuel generator 57.30 Lake Elmo Sod Farm LLC Sod 85.20 League of MN Cities Ins Tr Quarterly Municipality Insurance & Worker Comp 112,943.50 EXHIBIT "A" TO RESOLUTION #2014-148 Page 2 Mansfield Oil Company Marine Services Marshall Electric Company Menards Metropolitan Council Metropolitan Mechanical Contractors Minnesota Air Minnesota Commissioner of Revenue MN Dept of Labor and Industry NAPA Auto Parts National Fire Protection Association Office Depot Ramsey County RDO EQUIPMENT CO. Ready Watt Electric RiedelI Shoes Inc. River City DeSIGN River States Truck and Trailer Inc. S&T Office Products Schwaab Inc. Sidewalk Savers Simplifile LC SKB Environmental Springbrook Software Inc. Sprint PCS St. Croix Boat and Packet Co. Stillwater Marina Stillwater Motor Company Stillwater Towing Streichers SW/WC Service Cooperatives T.A. Schifsky and Sons Toll Gas and Welding Supply Total Parking Solutions Inc. Trans Union LLC Tri-State Bobcat UHL Company Washington County License Center Washington County Property Records Williams Quinn Wilson Estes Police Architects Wittman Abbi Jo WSB & Associates Inc. Zayo Enterprise Networks Ziegler Inc. LIBRARY A Greener World Carpet Cleaning Amano McGann Inc Baker and Taylor Brodart Co Fuel Marine fuel filters Repair lights over reception desk Supplies Wastewater Charge Maintenance agreement Actuator motor, starter kit, crank arm & supplies tax forfeited property conditional use deed Boiler license Auto parts and supplies Membership Office supplies Notary filing fee Equipment repair Repair of siren Skates 4 Signs Service Office supplies Notary stamps Sidewalk trip hazard removals Recording fees Pond Sediment Monthly UB web payments Cell phone Grading Escrow Refund Grading Escrow Refund Repairs of fire vehicle Towing Holster Retiree Health Insurance and COBRA Fine asphalt Cylinders Receipt paper for parking terminals Info charges Filters Camera service parking ramp Reg title and plates for new vehicle PW Recording fees for tax forfeited properties Reimburse for mileage & ground breaking refreshments Police and Public Safety Facility Planning Seminar Reimburse for NAPC camp fees Professional services Phone 2014 flood equipment rental Carpet & Upholstery cleaning Exit gate repair Materials Materials 3,061.41 85.50 892.00 307.28 157,965.56 3,179.33 548.81 500.00 20.00 795.76 486.34 181.89 20.00 563.18 960.00 1,935.82 240.00 36.10 114.07 70.00 2,643.33 50.00 936.14 776.85 100.59 4,750.00 1,500.00 325.85 225.00 59.99 62,862.54 1,996.40 42.04 339.00 37.92 55.36 407.25 1,905.41 77.65 65.30 585.00 75.00 1,944.25 841.21 1,608.00 650.00 202.50 896.45 1,597.70 EXHIBIT "A" TO RESOLUTION #2014448 Culligan of Stillwater G & K Services Menards Midwest Tape Paper Roll Products Petrie Angela Toshiba Business Solutions Washington County Library Xcel Energy ADDENDUM Batteries Plus Bulbs CDW Government Clark Dan Curb Master Enterprise Fleet Mgmt Greater Stillwater Chamber League of Mn Cities Ins Trst Magnuson Law Firm Marshall Electric MN State Colleges & Universities MN State Fire Chiefs Assn River Valley Printing SHI International Corp Sivigny Donald Stillwater Motors Verison Wireless Xcel Energy Adopted by the City Council this 16th Day of September, 2014 Water Towles & Rugs Janitorial supplies Materials General supplies Reimbursements Maintenance Contract Various Electricity , Gas Batteries Scanner Custodian Amphitheater project Police vehicle lease Renewal Claim C0033520 Professional Service Phone lines to alarm controls Supplies Heart Safe Program Conference Business Cards Microsoft licensing Plan review Police vehicle repair Police Internet Electricity, Gas Page 3 45.78 82.54 25.53 932.88 119.90 218.39 51.21 228.88 4,025.07 422.00 894.24 1,057.50 29,797.56 2,745.37 620.83 690.22 9,925.64 549.00 160.00 480.00 44.00 30,175.00 5,141.69 248.45 512.44 36,450.00 TOTAL 570,564.67 STAFF REQUEST ITEM Department: MIS Date: DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of new switch for Public Works. The current switch will be reused at City Hall. The switch that is at Public Works has no remaining ports available. Additional ports are needed. In addition to this, the current switch will not work with once the fiber is installed. 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) Total cost will be $7,060.00. $6000 was allocated for new switches. The remainder of the cost will come from savings on other equipment orders. ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Rose Holman eb.p:Ar> Date: 9/16/14 LER 1101 East 78th Street * Bloomington, MN 55420 Phone: 952-285-2155 * Fax: 952-925-6853 Bill To: City of Stillwater Rose Holman City Hall 216 N 4th Street Stillwater, MN 55082 Phone: (651) 430-8804 Fax: Ln # Qty Description 1 PUBLIC WORKS SWITCH Contact: Jeff Gullickson Email: jgullickson@loffler.com Proposal Date 09/02/14 Quote # JQLGQ5703 Ship To: City of Stillwater Rose Holman City Hall 216 N 4th Street Stillwater, MN 55082 Phone: (651) 430-8804 Fax: Terms Rep P.O. Number Ship Via jeffg 2 1 48 10/100/1000BASE-T PoE-plus, 4 1000BASE-X unpopulated SFP (4 SFP ports shared with 10/100/1000BASE-T ports), SummitStack Stacking ports, 1 AC PSU, ExtremeXOS Edge license, connector for external power supply Unit Price Ext. Price $4,265.00 $4,265.00 3 1 NBD Replacement Annual Warranty $315.00 $315.00 4 2 3M FIBER LC/LC 9 -MICRON SINGLE -MODE PATCH CABLE $45.00 $90.00 5 1 LC FIBER MODULE $1,195.00 $1,195.00 6 1 LC FIBER MODULE $1,195.00 $1,195.00 7 SubTotal $7,060.00 Total Investment $7,060.00 Sales Tax $0.00 Shipping $0.00 Total $7,060.00 PLEASE SIGN TO APPROVE QUOTE PRICES SUBJECT TO CHANGE - PRICES BASED UPON TOTAL PURCHASE - ALL DELIVERY, TRAINING OR CONSULTING SERVICES TO BE BILLED AT PUBLISHED RATES FOR EACH ACTIVITY INVOLVED - GENERALLY ALL HARDWARE COMPUTER COMPONENTS PROPOSED ABOVE ARE COVERED BY A LIMITED ONE YEAR WARRANTY, COVERING PARTS AND LABOR ON A DEPOT BASIS - WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR WITH REGARD TO ANY LICENSED PRODUCTS. WE SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, INTERRUPTION OF BUSINESS, NOR FOR INCIDENTIAL OR CONSEQUENTIAL MERCHANTABILITY OR FITNESS OF PURPOSE, DAMAGES RELATED TO THIS AGREEEMENT. MINIMUM 15% RESTOCKING FEE WITH ORIGINAL PACKAGING. PARTIAL BILLING MAY APPLY FOR PRODUCTS AND SERVICES. Page 1 STAFF REQUEST ITEM Department: MIS Date: 9/16/14 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of firewalls for St. Croix Valley Recreation Center, Lily Lake Ice Arena, Parking Ramp and City Hall. With the exception of the City Hall firewall, all of these firewalls have come to end of life. The firewall at Public works has been out of date for one year. We will be moving the firewall from City Hall to Public Works. 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) Total cost for all firewalls will be $14,122.00. Money was allocated for new firewalls for Public Works and City Hall. Since we replace the firewall at Public Works with the firewall from City Hall, the money that was budgeted for Public Works will be used to buy the firewalls for the Recreation Center, Lily Lake and the Parking Ramp. Those firewalls are smaller and less complicated than what is needed for City Hall and Public Works so they are less expensive. ADDITIONAL INFORMATION ATTACHED Yes _X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Rose Holman sui.w.1442eAll Date: 9/16/14 1 ..LER 1101 East 78th Street * Bloomington, MN 55420 Phone: 952-285-2155 * Fax: 952-925-6853 Bill To: City of Stillwater Rose Holman City Hall 216 N 4th Street Stillwater, MN 55082 Contact: Jeff Gullickson Email: jgullickson@loffler.com Date Proposal Quote # 07/21/14 JQLGQ5704 Ship To: City of Stillwater Rose Holman City Hall 216 N 4th Street Stillwater, MN 55082 Phone: (651) 430-8804 Phone: (651) 430-8804 Fax: Fax: Terms Rep P.O. Number Ship Via ColinE Ln # Qty Description 1 Parking Ramp 2 1 TZ 215 SECURE UPGRADE W/ 3YRS GATEWAY SECURITY SUITE FOR PARKING RAMP & REC CENTER 3 SubTotal 4 Rec Center 5 1 NSA 250M SECURE 3YRS GATEWAY SECURITY SUITE FOR PARKING RAMP & REC CENTER 6 1 NSA 250M RACK MOUNT KIT 7 SubTotal 8 Lily Lake Ice Arena 9 1 TZ 215 SECURE UPGRADE W/ 3YRS GATEWAY SECURITY SUITE FOR PARKING RAMP & REC CENTER 10 SubTotal 11 City Hall 12 REDUNDANT FIREWALL SOLUTION FOR CITY HALL 13 1 NSA 3600 TOTALSECURE WITH 1YR GATEWAY SECURITY SUITE 14 1 NSA 3600 HIGH AVAILABILITY SPARE 15 SubTotal Unit Price Ext. Price $1,350.00 $1,350.00 $1,350.00 $2,762.00 $2,762.00 $345.00 $345.00 $3,107.00 $1,350.00 $1,350.00 $5,518.00 $2,797.00 $1,350.00 $5,518.00 $2,797.00 $8,315.00 Page 1 Ln # Qty Description Unit Price Ext. Price Total Investment $14,122.00 Sales Tax $0.00 Shipping $0.00 Total $14,122.00 PLEASE SIGN TO APPROVE QUOTE PRICES SUBJECT TO CHANGE - PRICES BASED UPON TOTAL PURCHASE - ALL DELIVERY, TRAINING OR CONSULTING SERVICES TO BE BILLED AT PUBLISHED RATES FOR EACH ACTIVITY INVOLVED - GENERALLY ALL HARDWARE COMPUTER COMPONENTS PROPOSED ABOVE ARE COVERED BY A LIMITED ONE YEAR WARRANTY, COVERING PARTS AND LABOR ON A DEPOT BASIS - WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR WITH REGARD TO ANY LICENSED PRODUCTS. WE SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, INTERRUPTION OF BUSINESS, NOR FOR INCIDENTIAL OR CONSEQUENTIAL MERCHANTABILITY OR FITNESS OF PURPOSE, DAMAGES RELATED TO THIS AGREEEMENT. MINIMUM 15% RESTOCKING FEE WITH ORIGINAL PACKAGING. PARTIAL BILLING MAY APPLY FOR PRODUCTS AND SERVICES. Page 2 MINNESOTA DEPARTMENT OF PUBLIC SAFETY Alcohol & Gambling Enforcement Name of organization Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 444 Cedar Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE Valley Chamber Chorale Address 9102nd StS Name of person making application City Date organized Jan 1,1975 Stillwater Katherine B Fristad Date set ups will be sold Dec. 12,13,14, 2014 Organization officer's name State Tax exempt number 31587 Minnesota Business phone 651-430-0124 Zip Code 55082 Home phone 651-439-7855 Type of organization ❑ Club ❑ Charitable ❑ Religious ® Other non-profit City State Zip x James Caldwell Stillwater Add New Officer Location where permit will be used. If an outdoor area, describe. Washington County Historic Courthouse Minnesota 55082 If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. Hartford Casualty- $1,000,000 APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT City/County Date Approved City Fee Amount Permit Date Date Fee Paid Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the permit for the event. Page 1 of 1 i11wati. THE BIRTHPLACE OF MINNESOTA -*) DATE: September 16, 2014 LANDOWNER: Sheryl Jespersen REQUEST: Special Use Permit for B & B LOCATION: 1005 N William St REVIEW DEADLINE: October 13, 2014 FROM: Bill Turnblad CASE NO.: 2014-27 Due to a family emergency, Ms. Jespersen has requested that consideration of her Special Use Permit request and its public hearing be tabled until the October 7, 2014 Council Meeting. Memo DATE: September 16, 2014 TO: Mayor & City Council FROM: Sharon Harrison Finance Director RE: 2015 Proposed Budget General Revenue Tax Levy (city-wide levy): At the budget workshop that was held on August 26, 2014 there were few changes made to the original proposed operating budget. Those changes are summarized as follows: 1. Reduced Policing Services (Contractual) from $20,000 to $0 in the Special Events Fund 2. Reduced Events Coordinator (Professional Services) from $39,520 to $10,000 in the Special Events Fund 3. Changed proposed additional 1/2 FTE to proposed an additional 1 FTE in MIS department Overall, the levy was reduced by $13,200 from the originally proposed budget with a 2.886% ($219,544) increase in the operating levy instead of the originally proposed $3.06% ($232,744) increase. Debt Service Tax Levy (city-wide levy): The Debt Service levy increased by $495,123 primarily due to the issuance of the 2014 bonds for the new fire station. There were no changes to this levy from original proposed budget. Special Taxing District Levy (district -specific levy): Included for the first time this year is the WMO (Waste Management Organization) Levy. This levy is a district specific levy (not a city-wide levy). The amount of the levy is based on the membership to the MSCWMO which for 2015 is 30,978.22. The recommended levy of $31,600 is 102% of the membership amount needed to cover our average first year tax collection rate of 98%. ACTION REQUIRED Once Council determines the proposed levy and the proposed budget appropriations, council should pass the following resolutions: 1. 2014 ADOPTING THE PROPOSED TAX LEVY FOR THE PAYABLE YEAR 2015 (attached) Just a reminder, once the proposed levy has been adopted, the levy that will be adopted in December, can not be higher than what was adopted tonight... It can remain the same or it can be lowered. 2. 2014 - ADOPTING THE PROPOSED BUDGET APPROPRIATIONS FOR THE YEAR 2015 (attached) Also, if Council agrees with staff's recommendation for holding the City's Truth -n -Taxation meeting on December 2, 2014, Council will also need to pass the following resolution. 3. 2014- SETTING PAYABLE 2014 TRUTH -N -TAXATION PUBLIC MEETING (attached) RESOLUTION NO. 2014 - ADOPTING THE PROPOSED TAX LEVY FOR THE PAYABLE YEAR 2015 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the sum of $11,339,653 is hereby levied against all of the taxable property of the City of Stillwater, Washington County, Minnesota, for City purposes for the payable year 2015. FURTHER BE IT RESOLVED, that the sum of $31,600 is hearby levied against all taxable properties within the WMO (Waste Management Organization) special taxing district of the City of Stillwater, Washington County, Minnesota, for City purposes for the payable year 2015. The Levy consists of the following: CITY WIDE LEVY: General Revenue Tax Levy Debt Service Tax Levy: Fund Required Levy 308 G.O. Capital Outlay 2008A 309 G.O. Capital Outlay 2009A 312 G.O. Capital Outlay 2012A 314 G.O. Capital Outlay 2014A 315 G.O. Capital Outlay 2005B 319 G.O. Capital Outlay 2009B 324 G.O. Capital Outlay 2014 (Armory) 329 G.O. Capital Outlay 2009D 385 G.O. Sports Center 2005C 389 G.O. Sports Facility Revenue 2009C Subtotal New Debt 315 G.O. Capital Outlay 2015 $ 7,825,610 222,246 222,758 923,620 729,793 281,623 101,246 85,000 374.391 245,469 77,897 $ 3,264,043 250,000 Total Debt Service Tax Levy $ 3,514,043 TOTAL CITY WIDE TAX LEVY $ 11,339,653 SPECIAL TAXING DISTRICT LEVY: WMO Levy $ 31,600 Adopted by the Council this 16th day of September, 2014. Ken Harycki, Mayor ATTEST: Diane Ward, City Clerk RESOLUTION NO. 2014 - ADOPTING THE PROPOSED BUDGET APPROPRIATIONS FOR THE YEAR 2015 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the proposed budget appropriations for the year 2015 in the amounts for the following funds: Fund Fund Name 100 General Fund 200 Special Events Fund 202 St Croix Valley Recreation Center Fund 230 Library Fund 240 Parks Fund 251 Downtown Beautification Fund 255 Washington County Recycling Fund Total Adopted by the Council this 16th day of September, 2014. ATTEST: Diane Ward, City Clerk Amount $ 11,803,717 57,250 1,548,500 1,263,957 863,942 15,000 34,392 $ 15,586,758 Ken Harycki, Mayor RESOLUTION NO. 2014 - SETTING PAYABLE 2015 TRUTH -N -TAXATION PUBLIC MEETING BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the Payable 2015 Truth - in -Taxation meeting shall be at 7:00 p.m., Tuesday, December 2nd, 2014. Adopted by the Council this 16th day of September, 2014. Ken Harycki, Mayor ATTEST: Diane Ward, City Clerk CITY WIDE LEVY: General Revenue Tax Levy Debt Service Tax Levy: Fund Required Levy PROPOSED TAX LEVY FOR PAYABLE 2015 $ Increase % Increase 2015 2014 (Decrease) (Decrease) $ 7,825,610 $ 7,606,066 $ 219,544 2.886% 307 G.O. Capital Outlay 2007A 0 196,324 (196,324) 308 G.O. Capital Outlay 2008A 222,246 223,821 (1,575) 309 G.O. Capital Outlay 2009A 222,758 218,243 4,515 312 G.O. Capital Outlay 2012A 923,620 550,395 373,225 314 G.O. Capital Outlay 2014A 729,793 250,000 479,793 315 G.O. Capital Outlay 2005B 281,623 283,870 (2,247) 316 G.O. Capital Outlay 2006A 0 382,809 (382,809) 319 G.O. Capital Outlay 2009B 101,246 103,478 (2,232) 324 G.O. Capital Outlay 2014 (Armory) 85,000 85,000 0 329 G.O. Capital Outlay 2009D 374,391 392,766 (18,375) 385 G.O. Sports Center 2005C 245,469 242,109 3,360 389 G.O. Sports Facility Revenue 2009C 77,897 90,105 (12,208) Subtotal $ 3,264,043 $ 3,018,920 $ 245,123 New Debt 315 G.O. Capital Outlay 2015 250,000 0 250,000 Total Debt Service Tax Levy $ 3,514,043 $ 3,018,920 $ 495,123 16.401% TOTAL CITY WIDE TAX LEVY SPECIAL TAXING DISTRICT LEVY: WMO Levy Notes: 385 G. O. Sports Center 2005C Original Rec Center Result 389 G.O. Sport Facility Revenue 2009C Original Rec Center Result $ 11,339,653 $ 10,624,986 $ 714,667 6.726% $ 31,600 $ $ 245,469 0 245,469 177,844 (99,947) 77,897 Notes: The new proposed levy for 2015 is a result of the following actions: Reduced Policing Services (Contractual) from $20,000 to $0 in the Special Events Fund Reduced Events Coordinator (Professional Services) from $39,520 to $10,000 in the Special Events Fund Changed proposed additional 1/2 FTE to proposed additional 1 FTE in MIS department 1 of 1 Proposed Pay 2015 Property Tax Impact Worksheet Taxing District: 1500 Stillwater City STEP 1 - Calculate the Taxing District's Tax Rate: STEP 2 - Calculate the Impact of the Taxing District's Rate on Residential Homestead Taxes: 13. Assumes a (D) 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 16.4% change in market value from 2014 to 2015, which is the city median change. E) (F) (G) (H Market Item 76,000 @40% - rem @ 9% (D) - (E) Actual Pay 2014 (A) Proposed Pay 2015 (B) % Change (C) 1. Levy before reduction for state aids District Before $10,624,986 $11,339,653 6.7% 2. State Aids Exclusion - $0 $0 0.0% 3. Certifed Property Tax Levy 196,900 = $10,624,986 $11,339,653 6.7% 4. Fiscal Disparity Portion of Levy $1,966.05 - $1,212,159 $1,187,386 -2.0% 5. Local Portion of Levy = $9,412,827 $10,152,267 7.9% 6. Local Taxable Value 2015 is an ESTIMATE - 16,148,692 18,544,081 14.8% 7. Local Tax Rate = 58.288% 54.747% -6.1 8. Market Value Referenda Levy $0 $0 0.0% 9, Fiscal Disparity Portion of Levy (SD only) - $0 $0 0.0% 10. Local Portion of Levy = $0 $0 0.0% 11. Referenda Market Value 2015 is an ESTIMATE + 1,758,884,000 1,984,396,500 12.8% 12. Market Value Referenda Rate = 0.00000% 0.00000% 0.0% STEP 2 - Calculate the Impact of the Taxing District's Rate on Residential Homestead Taxes: 13. Assumes a (D) 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 16.4% change in market value from 2014 to 2015, which is the city median change. E) (F) (G) (H Market Homestead 76,000 @40% - rem @ 9% (D) - (E) Taxing Value Market Taxable 170,400 District Before Value Market Tax Portion of Exclusion Exclusion Value Capacity Tax Actual Pay 2014 Pay 2014 MV 76,000 @40% - rem @ 9% (D) - (E) 500,000@1.0% rem @ 1.25% (A7 x G) + (Al2 X D) 190,500 20,100 170,400 1,704 $993.23 85,900 29,500 56,400 564 $328.74 128,900 25,600 103,300 1,033 $602.12 214,800 17,900 196,900 1,969 $1,147.69 343,600 6,300 337,300 3,373 $1,966.05 Proposed Pay 2015 Pay 2015 MV X1.164 76,000 @40% -rem@9% (D) -(E) 500,000@1.0% rem @1.25% (B7 x G) + (B12xD) 221,700 17,300 204,400 2,044 $1,119.03 100,000 28,200 71,800 718 $393.08 150,000 23,700 126,300 1,263 $691.45 250,000 14,700 235,300 2,353 $1,288.20 400,000 1,200 398,800 3,988 $2,183.31 Percentage Change from 2014 to 2015 16.4% -13.9% 20.0% 20.0% 12.7% 16.4% -4.4% 27.3% 27.3% 19.6% 16.4% -7.4% 22.3% 22.3% 14.8% 16.4% -17.9% 19.5% 19.5% 12.2% 16.4% -81.0% 18.2% 18.2% 11.1% Po ce Delpt171 Stephen W. Nelson - Chief of Police STILLWATER TOWNS September 11, 2014 Stillwater Fire Department Attn: Stuart W. Glaser 216 4th Street North Stillwater, MN 55082 Dear Chief Glaser, 7770 Minar Lane North Stillwater, MN 55082 651-430-4897 (Voice) 651-439-3877 (Fax) steve.nelson@sti 1 watertownship.com SEP 1 5 2 814 On behalf of the Stillwater Township Town Board, our township residents, and myself I want to thank you and your great staff for attending the township's Annual Picnic on August 17th. Even though our little picnic usually draws less than 100 people you have always sent a representative along with a large fire truck to the event. The town's residents have often commented to me how much they enjoy having the fire department represented at the picnic and how much the kids love looking at all the fire fighting equipment on display. You and your staff have always responded quickly to assist me and the township every time that we have requested any kind of service. It is a great pleasure to know that you and your staff are there for the community and the town's citizens whenever we need you. Again, Thank You! I look forward to working with your staff in the future and seeing you again at next year's picnic. If I can ever be of any assistance to you or any of your staff, please do not hesitate to contact me anytime and I will be glad to help in any way that I can. Sinc-rely, Stephen W. Nelson Chief of Police Stillwater Township cc: Mayor Kenneth Harycki BOARD AGENDA SEPTEMBER 16, 2014 — 9:00 A.M. Board of Commissioners Fran Miran, District 1 Ted Bearth, District 2 Gary Kriesel, District 3 Autumn Lehrke, Chair, District 4 Lisa Weik, District 5 1. 9:00 Washington County Regional Railroad Authority (RRA) Convenes A. Roll Call B. Pledge of Allegiance C. RRA Meeting Minutes — August 12, 2014 D. Public Hearing — Proposed Locally Preferred Alternative for the Gateway Corridor — Andy Gitzlaff, Senior Planner 9:35 E. Adjourn 2. 9:35 Washington County Board of Commissioners Convenes 3. 9:35 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's Responsibilities. 4. 9:40 Consent Calendar — Roll Call Vote 5. 9:40 General Administration — Molly O'Rourke, County Administrator Resolution — Adopting Divided Vote Election Procedures to Determine Eligibility for Social Security Coverage for Certain Correctional Service Employees 6. 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 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. 7. Board Correspondence 8. 10:10 Adjourn 9. 10:15 to 11:00 — Board Workshop with Community Services — Sarah Amundson, Division Manager Child Protections Services in Washington County 10. 11:05 to 11:45—Board Workshop with the Office of Administration—Molly O'Rourke, County Administrator Discuss Suburban County Review of the 2040 Metropolitan Council Transportation Policy Plan 12:00 Finance Committee Assistive listening devices are availab/e for use in the County Board Room /rrvo nnnrl /n.lir^6i1Ji nr 12nwuvp hnninr c.2ll (004) d'tr1 PIN) EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * SEPTEMBER 16, 2014 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of the September 9, 2014, County Board Meeting minutes. Human Resources Public Works B. Approval to appoint David Ratte, Stillwater, to the Parks and Open Space Commission, to fill the at -large position to December 31, 2016; and approval to appoint Meghan Bernard, Newport, to the Parks and Open Space Commission as a District 4 representative, to a first term expiring December 31, 2017. C. Approval to reappoint Connie Taillon, Stillwater, to the Brown's Creek Watershed District Board of Managers to a three-year term expiring October 21, 2017. D. Approval to allow the Director of Human Resources to sign all agreements related to change of insurance provider and the addition of the high deductible plan including Health Savings Account program and EyeMed for 2015. E. Approval of resolution awarding the bid to American Pavement Solutions, Inc. for the 2014 roadway crack seal and to authorize a contract with American Pavement Solutions, Inc., in the amount of $227,800. Property Records and F. Approval of a one day temporary on -sale liquor license for the Minnesota Taxpayer Services Food Association to be held on September 21, 2014 in May Township. 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. i 1 1 t e r INF OIRTNFLACE OF MINNESOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North September 16, 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 September 2, 2014 regular and recessed meeting minutes V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2. Certificate of Appreciation: McKusick Lake Pier — McKusick Lake Water Association, Sunrise & Noon Rotary Club 3. Presentation - Pollinator Friendly Community - Laurie Schneider 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 4. Police Chief 5. Fire Chief 6. City Clerk — Name the Park Update 7. Community Development Dir. 8. Public Works Dir. 9. Finance Director 10. City Attorney 11. 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. 12. Resolution 2014-148, directing payment of bills 13. Possible approval of sanitary sewer adjustments 14. Possible approval to purchase switch for Public Works — MIS (available Tuesday) 15. Possible approval to purchase firewalls for Parking Ramp, Recreation Center, Lily Lake Arena and City Hall (available Tuesday) 16. Resolution 2014-149, approving issuance of Sunday Taproom Liquor License to Maple Island Brewing, LLC, DBA: Maple Island Brewing 17. Possible approval of capital release request — Library 18. Possible approval of Special Event - Lift Bridge Beer Run IX. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 19. Case No. 2014-27. This is the date and time for a public hearing to consider a request by Sheryl Jespersen for approval of a Bed and Breakfast to be located at 1005 William St N, located in the RB: Two -Family Residential Zoning District. Sheryl Jespersen, applicant. Notices were mailed to affected property owners and published in the Stillwater Gazette on August 29, 2014. (Resolution — Roll Call) 20. Case No. 2014-28. This is the date and time for a public hearing to consider a request by Renee Haugen for approval of a Bed and Breakfast, and variances associated thereof, to be located at 116 Harriet Ave, located in the RB: Two -Family Residential Zoning District. Renee Haugen, applicant. Notices were mailed to affected property owners and published in the Stillwater Gazette on August 29, 2014. (Resolution — Roll Call) X. UNFINISHED BUSINESS 21. Proposed plan for the removal of the Zephyr train (available Tuesday) 22. Possible approval of extension agreement with Stillwater Caves LLC (Resolution — Roll Call) (available Tuesday) XI. NEW BUSINESS 23. Possible approval of Special Meeting for General Election Canvassing Board 24. Possible approval of the first reading of an Ordinance Amending The Stillwater City Code Chapter 31, Entitled Zoning Ordinance By Adding Cost Of Construction Indexing To The Design Permit Valuation Threshold (1st Reading — Roll Call) 25. Possible adoption of resolutions (3 separate resolutions - Roll Call) (Available Tuesday) a. Adopting the proposed tax levy for the payable year 2015 b. Adopting the proposed budget for the year 2015 c. Setting payable 2015 Truth -in -Taxation meeting date XII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XIII. COMMUNICATIONS/REQUESTS XIV. COUNCIL REQUEST ITEMS 26. Beyond the Yellow Ribbon update XV. STAFF REPORTS (CONTINUED) XVI. ADJOURNMENT to executive session for city administrator performance review a e. TME NIRTMPLACE Of MINNESOTA CITY COUNCIL MEETING September 2, 2014 REGULAR MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Absent: None Staff present: OTHER BUSINESS City Attorney Magnuson Finance Director Harrison Police Chief Gannaway Deputy Fire Chief Ballis Community Development Director Turnblad Public Works Director Sanders Public Works Superintendent Moore Administration Secretary Manos Discussion on Central Business District Snow Removal Public Works Director Sanders introduced a memo from Public Works Superintendent Moore recapping downtown snow removal efforts The Central Business District includes three miles of streets, 14 City -owned parking lots and five miles of sidewalk. During the 2013/2014 winter season, the City increased its efforts in the downtown area for snow removal that resulted in removing snow in the downtown area six times from December to mid-March. The City also devoted more time to clearing snow at pedestrian ramps and catch basins at the intersections, to provide easier access. Because of these increased efforts, the City received positive feedback from downtown business owners. Councilmember Menikheim asked about the priorities for plowing within the City. He believes more enforcement of sidewalk snow removal policies is needed. Public Works Superintendent Moore explained that primary and secondary streets are mapped out and Public Works plows according to snowfall rates, amount of traffic and hills. New equipment purchased late last year will help clear sidewalks, pedestrian ramps and catch basins more efficiently. Sentence to Serve will assist when possible. City Council Meeting September 2, 2014 Councilmember Polehna asked if the City has written snow removal standards for public areas like parking lots. Public Works Director Sanders replied there is a snow removal policy. Superintendent Moore is updating it. It will be distributed to Councilmembers for information and future discussion. Councilmember Weidner reminded the Council that residents' patience is required because some streets will always have to be plowed last. He commended Public Works staff on their efforts. Councilmember Kozlowski recognized plowing problems caused by cars parked on downtown streets. Police Chief Gannaway added that cars are tagged and towed when in violation of parking regulations. He suggested Police staff review procedures with Public Works staff. Possible approval of bid award for Lowell Park restrooms Public Works Director Sanders informed the Council that quotes received for the South Lowell Park Restroom project total $404,313, compared with the budgeted amount of $324,000. Additional costs such as demolition, material testing, and project oversight bring the project total quotes to $424,313. Staff has been working with contractors to reduce costs. Staff recommends contracting with the following: George Siegfried Construction, Hausner Plumbing, Marshall Electric and Atlas Foundations, using funds from the Sanitary Sewer Fund to pay for the roof addition for the Lift Station, and considering a steel fastened roof instead, in order to save an additional $40,000 on the project to keep it within budget. The Park Dedication Fund may possibly yield some funds to close the gap. Councilmember Kozlowski asked why the project costs are so high. Public Works Superintendent Moore said part of the expense is because footings need to be 60 feet deep rather than the normal 42 inches because of the proximity to the river. Councilmember Weidner asked why the restrooms need to be built where proposed. Community Development Director Turnblad said City -owned property east of Main Street has poor soils, but that is where the greatest need is for restrooms. Councilmember Weidner stated he would support efforts to find the additional funding to build the project according to the approved design. He commended staff efforts to reduce costs but doesn't want to cut corners on appearance or change the design of the roof. Motion by Councilmember Polehna, seconded by Councilmember Kozlowski, to proceed with the project as recommended by staff, leaving the roof design as proposed, and making whatever cuts possible that don't significantly impact the look or function, such as postponing the final insulation that the City will be installing. All in favor. Page 2 of 12 City Council Meeting September 2, 2014 STAFF REPORTS Community Development Director Turnblad informed the Council that the Master Trail Plan and Barge Terminal Plan Update are underway. Open houses on the draft plans will be held in October and early November; then both plans can be put in final form. Public Works Director Sanders stated that next week Teddy Bear Park will be closed to replace turf and a damaged slide. OTHER BUSINESS CONTINUED Discussion on Lowell Park Landscaping Councilmember Weidner asked if there is a plan for Lowell Park landscaping and trails. Public Works Director Sanders replied there is not currently a plan, but a staff person who is knowledgeable about trees and horticulture has been working with an area landscaper to develop a plan. Councilmember Weidner asked if the Council would consider hiring a professional landscape planner to draft a plan for the park being this will be a gateway to the City.. Community Development Director Turnblad replied that staff could draft an RFP for a landscape plan for Council review. He suggested that staff could prepare a 1 st generation plan for the park which would have to address maintenance costs and water flooding issues as well as river views and that if Council desires could authorize the RFP with the 1' generation plan being a basis for the final plan. 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 7:00 p.m. Present: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Absent: None Staff present: City Attorney Magnuson Finance Director Harrison Police Chief Gannaway Deputy Fire Chief Ballis Page 3 of 12 City Council Meeting September 2, 2014 Community Development Director Turnblad Public Works Director Sanders Event Coordinator Mens -Eastman Water Board Manager Benson Administration Secretary Manos PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of Special and Regular Meeting August 19, 2014 and Special Meeting of August 26, 2014 minutes Regarding the August 26, 2014 minutes, Councilmember Menikheim asked for a change to reflect that he requested seed money of $10,000-12,000 to be budgeted in consideration of filmmaker Mick Caouette doing a film about Stillwater. Councilmember Kozlowski asked for the minutes to reflect that he arrived at 4:30 p.m. Motion by Councilmember Polehna, seconded by Councilmember Kozlowski, to approve the Special and Regular Meeting August 19, 2014 and Special Meeting of August 26, 2014 minutes as amended. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Bicycle Friendly Community - Dorian Grilley Dorian Grilley, Executive Director of The Bicycle Alliance of Minnesota, presented the City's Bicycle Friendly Community Assessment Report. He compared Stillwater's bicycle - friendly elements with those of other cities in Minnesota. He has met with community representatives to gather recommendations. He suggested designating a City staff person to be a point of contact, forming a bicycle advisory group, and further developing bike education programs with schools. He emphasized cooperative planning with business and community leaders, starting with planning documents, such as incorporating bikes into the Master Trails Plan. He offered to work with Planning, Public Works and Engineering staff to accomplish this. Councilmember Polehna commented he would like to see the Main Street stairs included in programming as a component of a healthy community. Councilmember Menikheim noted the trail completion may have more impacts than the City realizes. Councilmember Kozlowski commented that in reviewing parking regulations, the Parking Commission should ensure that parking time limits are appropriate for bicyclists. Page 4 of 12 City Council Meeting September 2, 2014 OPEN FORUM There were no public comments. CONSENT AGENDA Resolution 2014-139, directing payment of bills Possible approval of placement of Fire Prevention signs — Fire Department Resolution 2014-140, authorizing the city to apply for Conditional Use Deeds of tax forfeited lands Possible approval to purchase copier — Engineering/Building/Community Development Possible approval to purchase copier — Recreation Center Possible approval to purchase camera system — Recreation Center Possible approval of temporary liquor license — Stillwater/Oak Park Heights CVB — Harvest Fest Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Nays: None PUBLIC HEARINGS A public hearing to consider an appeal relating to the removal of the Zephyr train City Administrator Hansen explained that David Paradeau, owner of the Zephyr trains, informed the City that he sold the two Locomotives #787 and #788 but has requested a time extension as he may not get them moved by September 29. City Attorney Magnuson stated that if the Council is willing to grant an extension, the best approach would be to require a deposit so that if the trains aren't removed, the deposit would be forfeited and available to apply to the costs for removal of the trains. He suggested setting the deposit at $5,000 and granting a 90 -day extension. The trains appear to have little value beyond salvage value. He would prefer that the City itself not move the trains, but encourage the owner to remove them. If the City wants to certify the costs against property taxes, the deadline for that would be October 15. Councilmember Weidner expressed concern about the City taking responsibility for destroying or selling someone else's property. He prefers abating the nuisance by removing the trains to a site where they can be stored until Mr. Paradeau can retrieve them. City Administrator Hansen informed the Council he had several calls from individuals in other states including salvagers who are interested in obtaining the trains but have no idea how to move them. Page 5 of 12 City Council Meeting September 2, 2014 Mayor Harycki opened the public hearing. Jim Zeller, 876 McDiarmid Drive, Hudson, WI, a real estate broker, consultant and developer, stated he has an agreement with Mr. Paradeau to repurpose the Stillwater Depot. He understands the engines have been sold and no longer belong to Mr. Paradeau, but feels perhaps they could be incorporated into the depot repurposing project for historical purposes. He hopes to have a plan for the property in the next 30 days. Councilmember Polehna referred to complaints received from condo owners and others who don't want the unsightly trains sitting on blocks in their front yard. Mr. Zeller replied the grass has been cut, there aren't any weeds, and it would not be a problem to fence the engine in until a solution can be found. Councilmember Kozlowski commented he would love to see the trains stay in town and be used, but he is disappointed about the lack of communication from Mr. Paradeau and the missed deadlines. He needs a little more faith that something is going to happen. Councilmember Menikheim remarked there have been a lot of promises and extensions and there is always a delay. The engines have become a nuisance. Mr. Zeller replied that he was unaware of some of the issues. He and his group do not intend to delay. They will be candid and honest with the Council. Councilmember Weidner recognized that people are motivated by deadlines with meaningful consequences. He is not opposed to extending the deadline for removal of the engines as long as there is a plan of action if it is not met. Mayor Harycki closed the public hearing. Councilmember Weidner said he supports the City Attorney's idea of requiring a deposit and having a plan for what to do if the deadline passes. City Attorney Magnuson stated staff could probably put a plan together in 30 days and will bring it back to the next meeting. UNFINISHED BUSINESS Possible approval of second reading of Ordinance 1069, an ordinance amending the Stillwater City Code Section 31-300 entitled Establishment of Districts by Rezoning approximately 17.5 acres to RB, two-family residential Community Development Director Turnblad explained there have been no changes since first reading. Councilmember Weidner recused himself from discussion and vote. Page 6 of 12 City Council Meeting September 2, 2014 Motion by Councilmember Kozlowski, seconded by Councilmember Polehna, to adopt Ordinance 1069, amending the Stillwater City Code Section 31-300 entitled Establishment of Districts by rezoning approximately seventeen and a half acres to RB, Two -Family Residential. Ayes: Councilmembers Menikheim, Kozlowski, Polehna, Mayor Harycki Nays: None Abstain: Councilmember Weidner Possible approval of second reading of Ordinance 1070, an ordinance amending the City Code § 51-2, Parking regulations Community Development Director Turnblad stated the purpose of the proposed amendment was to find a way to make overnight parking easier for downtown residents who don't have designated parking spaces. The Downtown Parking Commission reviewed the proposal and was concerned that it could make snow removal more difficult. The Commission and the Police Chief recommended leaving the ordinance as is. Councilmember Kozlowski noted that he is the Council representative for Downtown Parking and that there was a great deal of discussion on the issue and the Chief shed light on the issue but should stay on the radar of the commission, as Stillwater resident parking changes are still being discussed, as well as overnight visitors at the marinas in the summer and felt that eventually there would need to be a more formalized policy on overnight parking and resident parking. Motion by Councilmember Kozlowski, seconded by Councilmember Polehna, to decline second reading of Ordinance 1070, amending the City Code § 51-2 Parking Regulations. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Nays: None Update on Stillwater Caves LLC City Administrator Hansen noted at the last City Council meeting the Council was advised that the contract deadlines had expired. At that time the Council directed notice to be sent to the developers inviting them to come in for discussion. He introduced developer Corey Burnstad. Corey Burnstad, Stillwater Caves LLC, informed the Council that construction agreements and letters from the bank and investors were submitted to the City today. Developers have been working on asbestos abatement and a grant. He asked that the due diligence period be extended through the end of the year and the start time for construction be moved to February 1. City Attorney Magnuson reminded the Council there were two development milestones that were supposed to have been reached by August 15: a binding construction contract for the building of the project, and a fully funded mortgage commitment to fund the construction. The fully funded mortgage commitment may be more important of the two. Page 7 of 12 City Council Meeting September 2, 2014 Mr. Burnstad responded he is confident the bank and investors want to be part of this project. City Administrator Hansen added he has talked with City Attorney Magnuson and doesn't feel there would be a downside to granting an extension. City Attorney Magnuson agreed to draft an amendment and bring it back to next meeting. NEW BUSINESS Possible approval of 2014 Fall Art Fair Stillwater Chamber Director Todd Streeter offered to answer any questions. The Art Fair will be the first weekend of October. The slope created in the north end of Lowell Park has caused a need for the fair to move to a more stable area using Mulberry Street. Councilmember Polehna expressed concern about impacts to businesses and loss of parking. Mr. Streeter replied he has talked to Meade Stone of River Market, who was alright with use of part of the parking lot. Councilmember Weidner remarked that events that used to be held on grass areas are now using parking lots. He asked if grass areas are not conducive to hosting the events. Mr. Streeter replied that the Chamber didn't want to have an event sprawled along both north and south Lowell Park. North Lowell Park does level off, but it's too far away from the art event area. Also because of the potential for rain soaked grass, it is preferable to have the art fair on a paved surface. Police Chief Gannaway stated he is uncomfortable with use of Mulberry Street but sees no reason to deny the permit. Councilmember Kozlowski stated there have been discussions about how much the City should use its parking system for events. This is part of a larger conversation that needs to take place with business owners. Councilmember Polehna is alright with this event, but felt that more use of Lowell Park should be used instead of losing parking spaces. Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski to adopt Resolution 2014-141, approving 2014 Fall Colors Fine Art and Jazz Festival Special Event and Contract. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Nays: None Page 8 of 12 City Council Meeting September 2, 2014 2015 Rivertown Art Festival Mr. Streeter noted the participating artists would like to have dates set for the spring festival, May 30-31, 2015 so they can plan ahead. He requested that the Council lock in the dates. Councilmember Weidner stated he would prefer to follow the formal event permit application process. Event Coordinator Mens -Eastman agreed that the permit application should be filled out and submitted to secure the date, however she believes some people would like the fair to go back to the original date. Councilmember Kozlowski said he would like to get more input from downtown business owners and should good through the processes. Councilmember Polehna said he doesn't have a problem with it, but believes the Chamber needs to follow City processes. He felt that if there are new changes, such as moving the event from the park to the parking lots that it needs to go through the processes. Possible adoption of resolutions declaring costs to be assessed and ordering preparation of assessment roll and calling for hearing for water service repair Robert Benson, Manager of the Board of Water Commissioners, stated that water service line repairs were completed by contractors and billed to Board of Water Commissioners. One leak was found on a leak location survey and the other two were called in when water started coming up through the asphalt and treated as watermain breaks until the watermain was exposed and the leak was found to be on the service line. In order for the repairs to be certified to the County this year, the assessment roll needs to be prepared and a hearing held. The Board of Water Commissioners recommends that Council adopt resolutions declaring costs, authorize the preparation of the assessment, and call for a hearing on the service line repairs. One property owner has agreed to the assessment, the other two have not yet agreed. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution 2014-142, declaring cost to be assessed and ordering preparation of proposed assessment for 2013-2014 Water Service Repairs (LI 009). Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Nays: None Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski, to adopt Resolution 2014-143, calling for hearing on assessment for 2014 Water Service Repairs (LI 009). Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Nays: None Page 9 of 12 City Council Meeting September 2, 2014 Possible adoption of resolutions declaring costs to be assessed and ordering preparation of assessment roll and calling for hearing for 2014 Street Improvement Project Public Works Director Sanders stated that although work has not yet begun on the project, it is scheduled to begin in September and be completed by the end of November. Staff recommends that the Council declare costs, authorize the preparation of the assessment rolls, and call for a hearing on the 2014 Street Improvement Project (Project 2014-02). Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2014-144, declaring cost to be assessed and ordering preparation of proposed assessments for 2014 Street Improvement Project (Project 2014-02). Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Nays: None Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt Resolution 2014-145, calling for hearing on proposed assessments for 2014 Street Improvement Project (Project 2014-02), LI #403. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Nays: None Possible approval of Wisconsin right-of-way acquisition (Resolution — Roll Call) City Attorney Magnuson informed the Council that as part of the Mitigation Memorandum of Understanding ("MOU") for the new bridge, the City promised to return City -owned Wisconsin property to a natural state with the exception of some trails, emergency access and use for City fireworks displays. Since the State of Minnesota and the City have no police power in Wisconsin, the State of Wisconsin agreed to acquire property needed to return to a natural state, through the exercise of Eminent Domain, if necessary. Staff met last week with representatives of WisDOT to review the status of their acquisitions north of the bridge. They will acquire the right of access to the house located in the middle of the City property and since their action will leave this parcel without access to Highway 35, the State has agreed to pay the owners the full value of the property. However, ownership of the improvements on the site is complicated because at some time in the past, the owner of the parcel build a garage and warehouse on adjacent City property. The garage and warehouse are now in a dilapidated state and unusable, but remain on City property. In view of the complicated status of these buildings, and their age and dilapidation, staff recommends that WisDOT be notified that the City waives any claim for part of the compensation. Motion by Councilmember Polehna, seconded by Councilmember Kozlowski, to adopt Resolution 2014-146, a resolution waiving an interest in Wisconsin eminent domain action Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Nays: None Page l0 of 12 City Council Meeting September 2, 2014 Possible accepting of bids and awarding contract for North Mulberry Parking Lot Public Works Director Sanders reviewed the project which includes constructing a parking lot north of Mulberry Street, an access road north of the parking lot to Laurel Street and a trail from Mulberry Street to Laurel Street. The low bid was submitted by Miller Excavating in the amount of $326,992. The engineer's estimate was $325,000. Work would begin in September and be substantially completed by the end of November. It is recommended that the City accept the bids submitted for the North Mulberry Parking Lot Improvement Project and award the contract to Miller Excavating. Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt Resolution 2014-147, accepting bid and awarding contract for North Mulberry Parking Lot Improvement Project (Project 2012-06C). Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Nays: None COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Weidner, seconded by Councilmember Kozlowski, to adjourn the meeting to executive session at 9:10 p.m. for City Administrator performance review. All in favor. Ken Harycki, Mayor ATTEST: Larry D. Hansen, City Administrator Resolution 2014-139, directing payment of bills Resolution 2014-140, authorizing the city to apply for Conditional Use Deeds of tax forfeited lands Resolution 2014-141, approving 2014 Fall Colors Fine Art and Jazz Festival Resolution 2014-142, declaring cost to be assessed and ordering preparation of proposed assessment for 2013-2014 Water Service Repairs (LI 009) Resolution 2014-143, calling for hearing on assessment for 2014 Water Service Repairs (LI 009) Resolution 2014-144, declaring cost to be assessed and ordering preparation of proposed assessments for 2014 Street Improvement Project (Project 2014-02) Page 11 of 12 City Council Meeting September 2, 2014 Resolution 2014-145, calling for hearing on proposed assessments for 2014 Street Improvement Project (Project 2014-02), LI #403 Resolution 2014-146, a resolution waiving an interest in Wisconsin eminent domain action Resolution 2014-147, accepting bids and awarding contract for North Mulberry Parking Lot Ordinance 1069, amending the Stillwater City Code Section 31-300 entitled Establishment of Districts by rezoning approximately seventeen and a half acres to RB, Two -Family Residential Page 12 of 12 iliwater THE BIRTHPLACE Of MINNESOIA STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful city and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to JI'tcKa6kk £cdk Wate't 166ciatic1t Son the funding, deue&ptnent and coxr6tnaction c( tie 5i fzitzg .lien ou JIZc,iid £af e and for outstanding service in support of the City of Stillwater's mission. Ken Harycki, Mayor Date of Recognition: September 16, 2014 iliwater THE BIRTHPLACE Of MINNESOIA STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful city and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Stil?&uate't Swvth,e Rolwtq San the funding, deue&ptnent and caxz6tnaction a( tie 5i fzitzg .lien ou JIZc,iid £af e and for outstanding service in support of the City of Stillwater's mission. Ken Harycki, Mayor Date of Recognition: September 16, 2014 iliwater THE BIRTHPLACE Of MINNESOIA STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful city and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Sti(Iwattw Jtfoon Rota'tq Scut the funding, deueeop to ent and caw tnaction c( tie 5i R;irug J lett iltc.i id .eaf e and for outstanding service in support of the City of Stillwater's mission. Ken Harycki, Mayor Date of Recognition: September 16, 2014 Pnilinator Friendly Stillwater a community project to help save the pollinators and create a althy environment Find us on the web at: http://pollinator.Ischneider.com Pollinator Friendly Stillwater Who is it? • A group of concerned people and partnering organizations from in and around Stillwater that want to help create a healthy and safe environment for pollinators, and for people 401 too. Pollinator Friendly in the U.S. Cities and Communities with pollinator friendly programs in place or in the works: • Minnesota: Shorewood, Maplewood, Minneapolis, Duluth •Eugene'OR, Spokane WA, EI Cerrito CA, Santa Barbara CA, Richmond CA, Berkeley CA, Reno NV, Tuscon AZ Pollinator Friendly in the World • An international cause, in the forefront of the news, and a concern of many communities and individuals. People want to know what they can do to help. • This project will help people understand what's happening to our pollinators, and offer a way to help in their own community and gardens. .m,./"TedCru1=1=ILow Rolling inVegas T]I ME rA WORLD WITHOUT BEES THE PRICE WE'LL PRYIFWE DON'T FIGURE OUT WHAM KILLING THE HONEYBEE n NM. MciRt Pollinator Friendly Stillwater What is it? Three Parts PART 1 - Public Education & Awareness • Pollinator educators visit schools, churches, community groups, garden centers, and public events to help educate. • First Community Event at The Stillwater Library Pollinator Friendly Stillwater What is it? PART 11 Plant Pollinator Friendly Plantings in the City The City is already planting. Master Gardeners and Garden Centers can help develop garden plans for the City using pollinator friendly plants and flowers. Pollinator Friendly Stillwater What is it? PART III • Discontinue use of Neonicotinoid Insecticides like Imidacloprid on city properties and public spaces especially schools and parks • Work with the City to find safe alternatives to neonics and other harmful pesticides Pollinator Friendly Stillwater What can Pollinator Friendly Stillwater do to help? It takes a village Community, City, Educators, Schools, Merchants, Vendors, Churches, Nature Groups, Agencies, Young and old partner to make Stillwater Pollinator Friendly. This is a project Stiliwater and it's people can be proud of Lex H ora n Pesticide Action Network Working since 1982 to replace the use of hazardous pesticides with ecologically sound and socially just alternatives. Pesticide Acfion Network NORTH AMERICA Who are the Pollinators? Pollinators pollinate our flowers, plants, trees and food crops; insects like honey bees, wasps, hornets, butterflies, bumblebees, wild native bees, moths, birds, bats, and more. • One in three bites of food rests on bees • Pollinate 95 kinds of fruits and nuts in North America alone • Valued at over $19 billion to agricultural economy Pollinators & Our Food System What's behind pollinator declines? Multiple, interacting factors: Pesticides Habitat Diseases & parasites Pollinators need you and ou need Pollinators Our food system relies on pollinators Protecting pollinators helps build community Pollinator friendly principles are a first step towards a healthier environment for people and wildlife, and cleaner land, air and water. Dr. Vera Krischik Professor of Entomology, Agricultural and Natural Resource Sciences at the University of Minnesota and Director of the Center for Sustainable Urban Ecosystems that promote natural resource management. UNIVERSITY OF MINNESOTA Extension uscominam College of Food... Agricultural and Nasural Resource Sciences UNIVERSITY OF MINNESOTA Do systemic insecticides used in the landscape alter behavior or colony health of bees? 1. Seed treatments result in the lowest levels of neonicotinyl insecticide in nectar and pollen. Few studies demonstrate that seed treatments reduce honeybee health. 2. However, greenhouse and landscape applications use higher rates compared to agriculture. 3. However, many, many papers demonstrate that neonicotinyl insecticides affect foraging, learning, and orientation at sub lethal levels below 20 ppb. Many residues in landscape plants are much higher than this. 4. There are 40% n -nicotinic acetylcholinesterase receptors in bees that use dancing, navigation, and learning to find food. 5. A California DA report demonstrates that a soil drench to Linden trees kills bumblebees. This supports the incidence data in Oregon at two sites in 2013. Contact compared to systemic insecticides Contact insecticides: ■ Many used; sprayed on foliage ■ Insect must eat leaf or walk on leaf to be killed ■ Toxicity lasts 1-3 weeks ■ Flowers that open after spraying do not contain insecticides. Systemic insecticides: ■ Uncommon; treated -seed, soil drench, trunk -inject ■ Insect must eat leaf, pollen, or nectar to be killed ■ Toxicity can least for months to years, unknown ■ Flowers that open will have the insecticide in pollen and nectar for months to years Incident: 2009 Imidacloprid residue in linden trees. Report from 2009 Imidacloprid soil injection at a golf course State of California, Department of Pesticide Regulations, Evaluation report on Merit 2F applied to 11 Tilia cordata linden trees at a golf course in Willimington DE in 2006 and 2007 and hundreds of dead bees found at the trees in 2008 Imidacloprid in leaves was 2,600 -11,700 ppb Imidacloprid in dead bumblebees was 146 ppb For regulatory purposes, the LD50 of imidacloprid to the honey bee is 3.7 ng/bee=37 ppb. Bayer CropScience indicated the amount in the bees exceeded the LD50. Comparing seed treatment, agricultural rates, and landscape rates. 0.11 mg/canola seed 0.625 mg/ corn seed 300 mg 3 gal pot 480 times more in pot compared to corn seed 2,700 times more in pot compared to canola seed Landscape Ornamental tree label: Used 29 g on basswood tree and 33 ppb found in Flowers (Krischik et al. 2015). Agricultural citrus tree label: Used 4 g on citrus tree and 10 ppb found in nectar (Byrne et al. 2013). Neonicotinyl insecticide toxicity to bees. Sublethal dose >20 ppb (2ng/bee) reduces foraging, memory, and navigation by binding to nACHRs, N - nicotinic acetycholinesterase receptors. Bees have 40% more receptors. LD50 mortality, not foraging. Lethal dose Oral LD50 ng/bee in 20NL Pollen/ nectar ppb ng/.1 gbee Reference imidacloprid 4'40 37-400 Schmuck et a1.2001, EFSA 2013 clothianidin 3-22 30-220 lwas et al. EFSA 2013 2004, dinotefuran 23-47 230-470 EFSA2OI3 thaimethoxam 5-30 50-300 EFSA2013 Residues of neonicotinyls in pollen and nectar Plant Imidacloprid ppb Reference Sunflower (treated -seed) 2 ppb nectar 4 ppb pollen Schmuck et al. 2001 Pumpkin (soil drench) 4 - 12 ppb nectar 37 - 87 ppb pollen Dively & Kamal 2012 Milkweed nectar (soil drench) 2007 6,030 ppb (1X) 10,400 ppb (2X) Krischik and Rogers 2014 Milkweed nectar (soil drench) 2011 1,568 ppb (1X) 2,950 ppb (2X) Krischik et al. 2015 Buckwheat nectar (soil drench) 6,600 ppb (1X) 12,300 ppb (2X) Krischik et al. 2015 Anise hyssop (soil drench) 1,973 ppb (1X) 5,265 ppb (2X) Krischik et al. 2015 Clover nectar (soil drench) 171 ppb (1X, clothianidin) Larson et al. 2013 Residues of neonicotinyls in pollen and nectar Plant Imidacloprid ppb Reference Maple tree 199 ppb flower USDA APHIS 2003 Eucalyptus tree (soil drench) 550 ppb nectar Paine et al 2011 Horsechestnut (trunk injection) 5-283 ppb flower Bayer, Maus et al. 2004b Serviceberry (soil drench) 1,038- 2,816 ppb flower Bayer, Doering et al. 2005a,b Rose outside (soil drench) 95-1175 ppb pollen Krischik et al. 2015 Rose GH (soil drench) 32 ppb pollen Krischik et al. 2015 Yellow bells (soil drench) 106 nectar ppb Krischik et al. 2015 Conclusions 1. Seed treatments result in the lowest levels of neonicotinyl insecticide in nectar and pollen. Few studies demonstrate that seed treatments reduce honeybee health. 2. However, greenhouse and landscape applications use higher rates compared to agriculture. 3. However, many, many papers demonstrate that neonicotinyl insecticides affect foraging, learning, and orientation at sub lethal levels below 20 ppb. Many residues in landscape plants are much higher than this. 4. The n -nicotinic acetylcholinesterase receptors are 40% higher in bees that use dancing, navigation, and learning to find food. 5. A California DA report demonstrates that a soill drench to Linden trees kills bumblebees. This supports the data in Oregon at two sites in 2013. Minnesota Master Naturalists Pesticide Action Network Stillwater High School Stillwater Library Warner Nature Center Wild Ones St. Croix Chapter Washington County Master Gardeners Washington County Soil & Water Conservation Xerces Society Beyond Pesticides Allan LaVallier, Gardener Call Designs Gardenside Landscape Design Green City Gardeners Heirloomista• Louise Watson & Transition StillwaterV fall Lynn Raarup, Gardener Outback Nursery .; Prairie Restoration I Prairie Moon Nursery \` Rose Floral T° Sabin Master Gardener Beekeepe Stillwater Garden Club City of Eugene City of Maplewood City & Council of Shorewood Humming for Beez e's Nectar Stillwater Living Stillwater Gazette U of M Bee Lab Honeybee Club of Stillwater Merchants of Stillwater USDA Natural Resources Conservation Aurora Jackson, Stillwater Library Bare Honey Bea Mulawarman, Event Planner Bob Sitko, Master Beekeeper Everett Smithson Band Four Seasons Apiary JoAnn Sabin Master Gardener Kel.sey Dickens Beekeeper Dinners on the Farm TMD Film & Video Rivermarket Natural Food Coop Laurie Schneider Photography Studio Carpenter Nature Center Kowalski's Market p /4-#1,0fir, Help save our Pollinators Find us at http://pollinator.lschneider.com �.� mem p 110 * attached * Dear Stillwater City Council. We very much appreciate your time and attention to Pollinator Friendly Stillwater, which you will hear about at the September 16th Council Meeting. There is a lot of good material on the topic of Pollinators and Pesticides. We strived to choose what is most helpful here. Please go here for a short, concise overview of the reason pollinators are in trouble. Our own Dr. Marla Spivak from the U of M Bee lab TED TALK. http://www.ted.com/talks/marla spivak why bees_are disappearing Included in this electronic packet of materials are: - Preliminary list of supporters for Pollinator Friendly Stillwater - Six Letters of Support for Pollinator Friendly Stillwater - Proposed Pollinator Friendly Stillwater Resolution - Excerpts from Three Cities' Pollinator Friendly Resolutions - Xerces Society on Neonicotinoid Insecticides - USDA Pollinator Management for Minnesota - Presidential Memorandum on Pollinators - New York Times Article on Pollinators - Eugene Register Article on Oregon Pollinator Friendly Resolution - Minnetonka News Article on Shorewood Pollinator Friendly Resolution - Star Tribune Article on Shorewood Pollinator Friendly Resolution - List of Chemicals used in Stillwater: Uses and Toxicity Pollinator Friendly Stillwater 651-351-1100 http://pollinator.lschneider.com Pollinator Friendly Stillwater Only the beginning. Our Pollinator Champions Partners Minnesota Master Naturalists PAN Pesticide Action Network Stillwater High School Stillwater Library Warner Nature Center Wild Ones . St. Croix Chapter Xerces Society Beyond Pesticides Pollinator Plantings Allan LaVallier Call Designs Gardenside Landscape Design (Claudia Morgan) Green City Gardeners (Marcie Forsberg) Hierloomista Louise Watson Lynn Raarup Outback Nursery Prairie Restoration Prairie Moon Nursery Rose Floral Sabin Master Gardener Stillwater Garden Club Washington County Master Gardeners, U of M Extension Supporters City of Eugene City of Maplewood City & Council of Shorewood Humming for Beez Nature's Nectar Stillwater Living Stillwater Gazette U of M Bee Lab . Bee Squad Honeybee Club of Stillwater Merchants of Stillwater USDA Natural Resources Conservation Service Volunteers IPM Expertise Education & Plants Education & Events Education & Events Volunteers IPM & Pollinator Expertise Pesticide Expertise Gardener Gardener Gardener Gardener Gardener Volunteers Gardener Supplier Supplier Supplier Supplier Gardener Gardeners Gardeners Project Support Project Support Project Support Project Support Community Press Press Pollinator expertise Community Community Conservation Expertise Education & Awareness Aurora Jackson, Library Event Planner Bare Honey Education & Honey Bea Mulawarman Event Planner Bob Sitko Educator Everett Smithson Entertainment Four Seasons Apiary Education & Honey JoAnne Sabin Educator Kelsey Dickens Educator Dinners on the Farm . Monica Walch Entertainment Rep TMD Film & Video . Terry McDaniel Educator Rivermarket Natural Food Coop Education Laurie Schneider Photography Studio Event Coverage August 13, 2014 CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (952) 960-7900 FAX (952) 474-0128 • www.ci.shorewood.mn.us ^ cityhall@ci.shorewood.mn.us Laurie. Schneider Pollinator Friendly Stillwater 9503 Norell Avenue Stillwater, MN 55082 Dear Ms. Schneider: As a Mayor of Shorewood, ! want to give my support to you for your own Pollinator Friendly program in Stillwater. Our community is happy and proud of this program with its health and community -building aspects. it has been fun to see the yellow bee friendly signs pop up around our city and people getting more involved in their own home and public gardens. it's been reassuring for people to understand more about the sprays and chemical use in our city now that we are managing it for the least toxicity to bees and other living things. We wish you the best of luck with "Pollinator Friendly Stillwater": Sincerely, Scott Zerby Mayor City of Shorewood ��® PRINTED ONRECYCLED PAPER USDA United States Department of Agriculture August 18, 2014 Laurie Schneider Pollinator Friendly Stillwater 9503 Norell Avenue Stillwater, MN 55082 Dear Ms. Schneider: I want to give my support for the program to provide a healthy environment in Stillwater for Pollinators and "Pollinator Friendly Stillwater." As part of our mission with the USDA, the Natural Resources Conservation Service works with people every day to help them understand how critical it is to create healthy, toxic -free environments for pollinators. NRCS provides assistance to landowners interested in establishing and managing pollinator friendly habitat. This is a great community building project, and your community can be a proud leader in promoting pollinator friendly habitat. This is a model that will hopefully be adopted by other communities within and outside of the metro area. Removing the chemicals and pesticides toxic to bees is a way to also create a healthy environment for other creatures and people. We are happy to provide you with educational support and materials for "Pollinator Friendly Stillwater." Best Regards, DON A. BALOUN State Conservationist Natural Resources Conservation Service 375 Jackson Street, Suite 600, St. Paul, MN 55101 www.mn.nrcs.usda.gov 651-602-7900 Fax 855-823-7656 An Equal Opportunity Provider and Employer September 1, 2014 Dear Mayor and Council of the City of Stillwater, Pesticide Action Network My name is Lex Horan, and I am an Organizer with Pesticide Action Network North America (PAN). PAN'S mission is to replace the use of hazardous pesticides with ecologically sound and socially just alternatives. I'm writing to voice my enthusiastic support of the resolution promoted by Pollinator Friendly Stillwater to make Stillwater a "pollinator -safe" city. PAN relies on peer-reviewed, independent science as we choose our stances on public policy. A wealth of scientific research points to multiple, interacting causes of pollinator declines, including pesticides; habitat loss and poor nutrition; and diseases and parasites. By increasing pollinator habitat, eliminating the use of neonicotinoids and other bee - harming pesticides on public lands, and educating the public and other decision -makers, Stillwater can become a leader in a growing national trend towards pollinator -friendly public policy. NORTH AMERICA Since 2009, PAN has been a national leader in confronting the root causes of declining pollinator populations. Since I joined PAN's staff in June 2013, I have been working with beekeepers, gardeners and other community members across Minnesota to advance policy to protect pollinators. During that time, I have seen this issue unite individuals, communities and decision -makers who have never worked together before. A 2014 poll of Minnesota voters conducted by Minnesota Environmental Partnership found that concern for pollinators was one of the top three environmental priorities for Minnesotans. 55% of those polled were "very concerned" and 30% were "somewhat concerned" about pollinator declines. These numbers reflect what I've seen as an organizer working in multiple Minnesota communities: people across our state are mobilized and energized to protect pollinators, and our state's leaders have an incredible opportunity to respond to that widespread passion with smart policy. I worked closely with Shorewood residents who helped their city pass its recent "bee - friendly" policy. Shorewood was the first city in Minnesota, and the third city in the country, to pass a bee -friendly resolution. The passage of Shorewood's resolution was greeted with positive national media attention and widespread community enthusiasm. I've had the honor of getting to know Stillwater's vibrant "bee community" over the past year. I believe that the passage of a "pollinator friendly" resolution would be met with significant local, statewide and national support. Sincerely, \c)—t—k-,- Lex Horan Organizer Advancing Alternatives to Pesticides Worldwide 3438 Snelling Ave, Upper Level, Minneapolis, MN 55406 • www.panna.org • Ph: 612.254.9222 THE XERCES SOCIETY - FOR INVERTEBRATE CONSERVATION Protecting the Life that Sustains Us August 29, 2014 Pollinator Friendly Stillwater and Stillwater City Council c/o Laurie Schneider 9503 Norell Avenue Stillwater, MN 55082 Dear Ms. Schneider: The Xerces Society for Invertebrate Conservation (Xerces) is pleased to support the Resolution Endorsing "Pollinator Safe" Policies and Practices, Promoting Healthy Environment for People and Pollinators. This resolution will help Stillwater restore pollinator populations, and increase public awareness about how to improve pollinator health. The resolution, if passed, will address key components of pollinator conservation by prompting the City to: promote healthy environments for pollinators, refrain from the use of neonicotinoid insecticides, and support efforts to educate the broader community. The preponderance of scientific evidence clearly supports these actions. Xerces' interest in this resolution comes from our extensive efforts to conserve pollinator populations. Xerces wrote Are Neonicotinoids Killing Bees?, the first comprehensive literature review outlining the impacts of neonicotinoids to pollinators. Furthermore, Xerces Pollinator Conservation staff has trained more than 38,500 farmers, and others interested in pollinator conservation, and working with farmers and agriculture agency staff have created more than 165,000 acres of pollinator habitat in the United States. This resolution is to be lauded. Please don't hesitate to contact us if you have any questions. Our staff would be happy to assist you. Sincerely, Scott Black Executive Director 628 NE Broadway, Suite 200 Portland, OR 97232 1-855-232-6639 www.xerces.org Photos (left to right): Red rock skimmer dragonfly, by Dustin Huntington; western pearl shell mussel, by Marie Fernandez; metallic sweat bee, by Mace Vaughan; monarch butterfly, by Bryan E. Reynolds. Patricia Hauser, Humming for Bees 5805 Minnetonka Drive Shorewood, MN 55331 August 16, 2014 Dear Pollinator Friendly Stillwater & Stillwater City Council, I am writing to give my support to the "Pollinator Friendly Stillwater" program and tell you what a positive thing our newly passed Bee -Safe resolution has been in Shorewood. How very excited we at Humming for Bees are to hear that yet another city is waking up to the challenges facing bees and all pollinators. As you well know from reports on-line, in the newspapers, magazines, and on TV, bees and all pollinators are dealing with a grave situation. As a Shorewood resident and founding member of Humming for Bees I am proud to share that our city was the first in the state of Minnesota to step forward to speak and act publicly on behalf of bees and indirectly all pollinators. On July 28, 2014 our Shorewood City Council passed a Resolution Endorsing "Bee -Safe" Policies and Procedures. This has been and will continue to be a process as we learn and work together as citizens, city council members, and city staff. Together we're working to help educate the public, make our city property more bee / pollinator friendly, and become less reliant on chemicals to treat the land we live, work and play on. We trust that this process will lead to individual citizens making wise choices that favor bees and all pollinators. In fact, we already see that happening. Through our "Bee Safe Yard" yellow sign campaign we're helping individual property owners become more knowledgeable, pollinator friendly, and become teachers to their neighbors and friends. It's an excellent community building process that we've just begun and we're pretty excited! We're all winners in Shorewood because of this policy and we expect that Stillwater residents will experience similar feelings as they take first steps in creating a "Pollinator Friendly Stillwater." Best wishes as you consider this opportunity to create together. Sincerely, Patricia Hauser & members of Humming for Bees www.hummingforbees.org CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOID, MINNESOTA 55331-9527 • (952) 960-7900 FAX {952) 474.0126 • www.ci.shorewpod.mn.us •a:r:9, l4 ri.M1:; r,v:;;:ri,nta,us Dear Stillwater Policy Makers, As an elected representative of the city of Shorewood, MN, I am proud of recent policy changes made to help support a segment of our population in trouble: Bees. We recently passed a city-wide resolution to use products on our city land that do not include neonicotinoids now and in the future. In addition, we made the decision to plant clover in some of our public areas, a proven pollinator -friendly product. This is a simple and efficient way to help the Bee population support and sustain themselves. Without the bees, our food supply will be adversely affected. As a City Council Member, I am proud of our recent resolution and am hoping to set a positive example for other municipalities. It is the right thing to do. Sincerely, Laura Hotvet Shorewood City Council STILLWATER COUNCIL RESOLUTION 9/16/2014 —Draft A RESOLUTION ENDORSING "POLLINATOR SAFE" POLICIES AND PRACTICES, PROMOTING HEALTHY ENVIRONMENT FOR PEOPLE AND POLLINATORS WHEREAS, threats to pollinators concern the entire food system, where pollination provided by honey bees and other essential pollinators account for one in every three bites of food, responsible for the pollination of key crops, including fruits, nuts, berries, melons and many others, and contributing over $19 billion worth of services to U.S. agriculture; and WHEREAS, pollinators including butterflies, honeybees, bumblebees, and native bees are facing annual declines in excess of what is considered normal due to habitat loss, pesticide use, pathogens and parasites; and WHEREAS, research shows multiple interacting causes are contributors to the severe decline of pollinator populations, including pathogens, habitat loss, exposure to pesticides, and synergistic effects of herbicides, fungicides and insecticides; and WHEREAS scientific evidence around neonicotinoid insecticides including clothianidin, thiamethoxam and imidacloprid is especially compelling and deserves action; and WHEREAS, neonicotinoid pesticides that are harmful to pollinators are harmful to other invertebrates, birds, and aquatic animals. WHEREAS, we find these actions to be in the public interest and demonstrates the city's commitment to a healthy community environment for people as well as pollinators. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater: 1) The City of Stillwater promotes healthy environments including food sources, clean water and shelter for pollinators through existing programs and new opportunities; 2) The City of Stillwater including its contractors will consider safe alternatives to pollinator -harming pesticides, and in particular refrain from the use of neonicotinoid insecticides, on Stillwater City property; and will not install plants or plant seeds that have been treated with neonicotinoids.. 3) The City of Stillwater shall undertake its best efforts to plant pollinator friendly plantings favorable to pollinators and free of systemic pesticides on City properties and land; 4) The City of Stillwater will support efforts to educate the broader community about the action it has taken, the importance of creating and maintaining pollinator -friendly habitat and encourage residents and businesses to use similar pollinator friendly practices. 5) The City of Stillwater will transmit copies of this resolution to the Minnesota Department of Agriculture, Governor Mark Dayton, State Representatives and Senators, U.S. Representatives and Senators, U.S. Environmental Protection Agency and U.S. Department of Agriculture. 6) The City of Stillwater will publish a Pollinator Friendly City Progress Report on an annual basis. Revised 9/7/2014: 10:30 A.M. by Pollinator Friendly Stillwater Eugene, Oregon Resolution, 2014 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a Municipal Corporation of the State of Oregon, as follows: Section I. The City's Parks and Open Space Division will continue to implement its Integrated Pest Management (IPM) policy and procedures on all City park and open space lands The IPM procedures will be updated periodically, as new information and best management practices become available. The most current version of the IPM Policy and Operations Manual will continue to be accessible to the public from the City's web site. Section 2 The City's Parks and Open Space Division will work, to the best of its ability, to expand its Pesticide -Free Parks Program to additional Neighborhood. Parks. Section 3. Within eighteen (18) months following the adoption of this Resolution, all Departments within the City of Eugene shall adopt an Integrated Pest Management policy and associated operational procedures and begin operating consistent with the policy and procedures. Section 4. Beginning with the effective date of this Resolution, the City of Eugene will not use any product that contains neonicotinoids on any City property, Section 5. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution adopted the 26th day of February', 2014. CITY OF SHOREWOODD RESOLUTION NO. 14- A RESOLUTION ENDORSING "BEE -SAFE" POLICIES AND PROCEDURES WHEREAS, the Shorewood City Council and Park Commission have undertaken several work sessions dedicated to the study and understanding of promoting a healthy natural environment through the reduction and elimination of harmful pesticides; and WHEREAS, bees and other pollinators are integral to a wide diversity of essential foods including fruit, nuts, and vegetables; and WHEREAS, native bees and honey bees are threatened due to habitat loss, pesticide use, pathogens and parasites; and WHEREAS, recent research suggests that there is a link between pesticides that contain neonicotinoids and the die -off of plant pollinators, including honey bees, native bees, butterflies, moths, and other insects; and WHEREAS, neonicotinoids are synthetic chemical insecticides that are similar in structure and action to nicotine, a naturally occurring plant compound; and WHEREAS, the City Council finds it is in the public interest and consistent with adopted City policy for the City to demonstrate its commitment to a safe and healthy community environment through the implementation of pest management practices in the maintenance of the city parks, open spaces and city property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood: 1. The City shall undertake its best efforts to become a Bee -Safe City by undertaking best management practices in the use of plantings and pesticides in all public places within the City. 2. The City shall refrain from the use of systemic pesticides on Shorewood City property including pesticides from the neonicotinoid family. 3. The City shall undertake its best efforts to plant flowers favorable to bees and other pollinators m the City's public spaces, 4. The City shall designate Bee -Safe areas in which future City plantings are free from systemic pesticides including neonieotinoids, 5. The City shall undertake hest efforts to communicate to Shorewood residents the importance of creating and maintaining a pollinator -friendly habitat. 6. The City shall publish a Bee -Safe City Progress Report on an annual hasis. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25th day of July, 2014. iW IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TUCSON, a Municipal Corporation of the State of Arizona, as follows: Section 1. The City's Parks and Recreation Department will continue to implement its Integrated Pest Management (IPM) policy and procedures on all City park and open space lands. The IPM procedures will be updated periodically, as new information and best management practices become available. The most current version of the IPM Policy and Operations Manual will continue to be accessible to the public from the City's website. Section 2. Within eighteen (18) months from following the adoption of -this Resolution, all Departments within the City of Tucson shall adopt an Integrated Pest Management policy and associated operational procedures and begin operating consistently with the policy and procedures. Section 3. Beginning with the effective date of this Resolution, the City of Tucson (including its contractors) will not use any product that contains neonicotinoids on any City property and will not install plants or plant seeds that have been treated with neonicotinoids. This includes (but is not limited to) products containing the following neonicotinoid chemicals: imidacloprid, clothianidin. thiamethoxam, acetamiprid, thiacloprid. sulfoxatlor and dinotefuran. Note that according to City stag', these chemicals are not currently being used on city property for maintenance. However, they may be present in plant materials that are purchased, although many nurseries are able to verify that their practices are neonicotinoid-free. Section 4. This Resolution shall become effective immediately upon its adoption. Protecting 3ees from Neonicotinoid Insecticides in Your Garcen THE XERCES SOCIETY FOR INVERTEBRATE CONSERVATION Protecting the life that sustains us WHAT ARE NEONICOTINOIDS? Neonicotinoids are a group of insecticides that are used widely on farms, as well as around our homes, schools, and city landscapes. Neonicotinoids are systemic chemicals. They are absorbed by the plant and dispersed through plant tissues, including pollen and nectar. Because they target nerve impulses in insects and other invertebrates, neonicotinoids are deemed "safe" since harm to humans and other mammals is minimal. However, neonicotinoids are toxic to bees and many other beneficial insects. lmidacloprid and clothianidin, com- mon ingredients in garden insecticides, can linger in the soil for months or even years, from where they can be picked up by the next season's plants. lmidacioprid can remain active in flowers, shrubs, or trees for a year or more. WHY ARE THEY A RISK TO BEES? Bees are exposed to neonicotinoids in many ways, including contact with spray residue on plants or by eating contaminated and toxic pollen or nectar. Even when used according to printed. instructions, garden products containing neonicotinoids can be applied to plants in concentrations dozens of times greater than on farm crops. This means that bees can be exposed to lethal doses of neonicotinoids in gardens. Even if bees are not killed outright, smaller (nonlethal) doses can impact their health. When exposed to very small amounts of neonicotinoids, bumble bee colonies grow more slowly and produce fewer new queens, which impacts overall bumble bee populations. Honey bees are also affected by low doses; expo- sure can impair their ability to fly, navigate, and forage for food. Examples of Neonicotinoid Garden Products Used in the United States Neonicotinoid Garden and ornomental uses Garden product trademark names Imidacloprid Foliar spray for turf and ornamental flowers, trees, and shrubs; soil drench for garden fruits and vegetables, and ornamental flowers, trees, and shrubs; trunk injection for trees; granules for turf and ornamental flowers, shrubs or trees. Bayer Advanced 3 -in -1 Insect, Disease, & Mite Control Bayer Advanced 12 Month Tree & Shrub Insect Control Bayer Advanced 12 Month Tree & Shrub Protect & Feed Bayer Advanced Fruit, Citrus & Vegetable Insect Control Bayer Advanced All -in -One Rose & Flower Care concentrate DIY Tree Care Products Multi -Insect Killer Ferti-tome 2-N-1 Systemic Hi -Yield Systemic Insect Spray Knockout Ready -To -Use Grub Killer Monterey Once a Year Insect Control II Ortho Bug B Gon Year -Long Tree & Shrub Insect Control Ortho MAX Tree & Shrub Insect Control Surrender Brand GrubZ Out Clothianidin Granules for turf, and ornamental flowers, shrubs or trees, Bayer Advanced All -in -One Rose & Flower Core granules Green Light Grub Control with Arena Thiamethoxam Foliar spray for turf and ornamental Flowers, trees, and shrubs; granules for turf and ornamental flowers, trees, and shrubs. Amdro Quick Kill Lawn & Landscape Insect Killer granules Amdro Rose & Flower Care Maxide Dual Action Insect Killer Acetamiprid Foliar spray For garden fruits and vegetables, and ornamental flowers, trees, and shrubs. Ortho Bug B Gon Gorden Insect Killer Ortho Bug B Gon for Lawns Ortho Flower, Fruit and Vegetable Insect Killer Ortho Rose and Flower Insect Killer Ortho RosePride Insect Killer Dinotefuran Granules for turf and ornamental flowers, shrubs or trees; soil drench ' for ornamental flowers,, trees, and shrubs. Green Light Tree & Shrub Insect Control with Safari 2 G Ortho Tree & Shrub Insect Control Plus Miracle Gra Plant Food To learn more, read the the article, "Neonicotinoids in Your Garden," from Wings magazine, or the scientific report, Are Neonicotinoids Killing Bees? Both are available at www.xerces.org/pesticides/ AMCnr. t Of �:urt. Insect Pollinator Best Management ractices for Minnesota Yards and Gardens It's time to look at our landscapes differently Insect pollinators are in trouble, populations are declining More than one third of all plants or plant products consumed by humans are directly or indirectly dependent on insects for pollination. Many plants such ,as almond, apple, blueberry, sunflower. clover, canola etc. Lannut reproduce without the help from insect pollinators. There is increasing evidence that insect pollinators are disappearing at alarming rates. Loss of bees and other insect pollinators can be linked to loss of habitat, diseases, pests, and pesticides. deems like a big problem? It is! '.t... A decline in pollinators affects us all. Reversing this trend is important to the Mw ` ecosystem as well as to huinan health and well-being. We can all do our part to help. With a little forethought and planning, we can help pollinators rebound from the challenges they face. Flowerless Landscape Management Practices Diseases Causes of Pollinator Decline Parasites Lack of Crop Diversity Pesticides According to United States Department of Agriculture, honey bees and wild trees (bumble bees, leaf cutter bees, alkali bees, and mason bees) pollinate more than S15 billion worth of crops in the United States each. year. Flies, beetles. butterflies, moths, and wasps are other important insect pollinators. Today we have fewer managed honey bee colonies than at any time in the last 50 years in the ti S The Minnesota Department of Agriculture (MDA) has developed these Best Management Practices tBMPs) to create and improve nesting and foraging habitat for insect pollinators (native and managed) in accordance with 20t3 Pollinator Legislation H . 976. These BMPs provide prartires that will help to reduce negative impacts on pollinator habitat resulting from cannot yard and garden management practices, improve or preserve existing 0 REDUCE negative impacts of pesticides on pollinators • Use pesticides only when necessary. • Whenever possible, choose pesticides, especially insecticides, with low toxicity to bees (See chart • Look for the pollinator protection box on insecticide labels and follow the Zabel. exactly. The label is the law. For information on bee protection label language visit ii•wit:epa.•gov/pestictdesJeiti ysieur poflniatorfbee-IIabd-onjo-irt.pdI • Consider using spot treatments rather than broadcast applications. • Apply when bees are not foraging (early morning or evening, or when air temperatures are below 55' F). • Communicate with local bee keepers before applying pesticides and prevent drift when applying pesticide Relative toxicity of insecticides available to Minnesota residents for use on flowering plants and turf. INSECTICIDE CLASS ACTIVE INGREDIENT TOXICITY TO BEES TYPICAL DELIVERY mentals lowering tits) and Catarina Neonicotinoid Oxadiazine Pyrethroid Carboy Clothiantdin Irnidacioprid indoxacarb Beta-cyliuthrin l3+fenthrin Bacterium Raclin des therEgionsas E3enzoytacetonitile Cyflumetofen Botanical Azadrachtin Carbazate Bitenazate Inorganic Cryolite Kaolin day Spinosad Macrocyclic lactone Acetarnlprid Neonicotinoid Dinotefuran Thiarnethoxam Oils Candie oil a15 Garlic oil Mineral oil Neem oil Soybean oil Organophosphate Acephate Malathion Pyrethroid Cyf luttinn Lambda cyhalothrin Permethrin `Tau fluvatinate Zeta cypermethrin Fenazaquin Anthranilic diamide Chlorantranitiprole Insect growth regulator Iia olenozide Organophosphate Trichlorfon Pyrethroid Gamma cytialothrin High High High High High Low Low Moderate Moderate Low Low High Moderate High High Low Low Low Low Low High High High High High High High High Low Low Low High Slighttli Systemic Systemic Contact Contact Contact Ingestion Contact Contact Contact Contact Contact Contact Systemic Systemic Systemic Contact Contact Contact Contact Contact Contact Contact Contact Contact Contact Contact Contact Contact Contact Systemic Contact Contact A pollinator protection box appears on some insecticide labels -111 EAD NAM F'IR'ST PROTECTION OF POLLINATORS APPLICATION RESTRICTIONS EXIST FOR THIS PRODUCT BECAUSE OF RISK TO BEES AND OTHER INSECT POLLINATORS. FOLLOW APPLICATION RESTRICTIONS FOUND IN THE DIRECTIONS FOR USE TO PROTECT POLLINATORS. Look for the bee hazard icon in the Directions for Use for each application site for specific use restrictions and instructions to protect bees and other insect pollinators. Thts product can kill bees and other insect pollinators. *Soi4 . wyth tither actin ingredients Mit nus as a stand alone scene n reiltent_ 'thew inse.tkkks are artore in{trnitrnts and ale r„a the r.rudu,t narns-s. This Intl Is not all trkhmra always A Witi,+nal intormatam rrt the1C 1911 4+6o prehick* ran be Etruml al www oak .L rp-purdue Mur. 1 he slawiicatnni hr r airport:1ns minim trukity is Mkpidt from LUQ nature. Tram thr i s Ennnntmental Pnttotttrrt Arrtt.t iLll„ n the 1 ethat thew r< which mortality u observed in 50%til 'the try atgansru 'kith h trakilr W,,, K2 atter; Muderaoe taaicltr t:11, 2-19 9 H/ . tow hrswotY l.Itia e i 1 N6 +ilhec. Liu mare tnl tmalintt rtait rrww.epa.swlupprkd liectrrl k. JenViurra „analysts na him IMPROVE existing landscapes! Lawns can be pollinator friendly • Leave pollinator attractive plants such as dandelions and clover in lawns for early season brooms full of pollen and nectar.' Such plants could become a nuisance to you or your neighbors, control nuisance plants appropriately when other source of nectar and pollen are available to pollinators. Also check local ordinances about leaving nuisance plants in your yard.] • Adjust mowing frequency and timing to help pollinators. • If you have a lawn service' 4 O are considering getting one, talk about your desire to conserve pollinators and protea their habitat_ Management practices influence pollinator activity • Icic'rt[s11' and ttticic'r`%Lind and beneficial inserts. To idle ritily Minnesiit,' insects visit se er cAicltAi)rt.lerrrei ,,;ire. Vic+ ;Ji ; diagnose/inset-0 Accept some insect damage on plants. • When using a pesticide, especially an insect 4.ide, .hcic'%r a product that won't harm bees and still be effective. Apply when bees are not foraging. Follow the Label exat dr. The label is the law. (Sce the information box on minimizing impacts of pesticides on pollinators anti the a..ontpanying insecticide toxicity chart). • Adopt Integrated Pest Management (IPM) in your garden. IPM uses information about pests to manage pest damage with the least possible hazard to people, property, and the environment. For more information on IPM in landscapes and homes visit: www ntdu.state.mrt.us/ncwsipublicutitms/pests,pants/pestmanagemenzlipm/home-ipm- gu icfc/home-i, pini . g u ul e. pdf Create partnerships and spread the word • lell your neighbors why you are creating a pollinator friendly landscape, and encourage them to join in. • Post signs to tell others about your pollinator protection efforts. • sl .ire your story and pictures with the community. • Create partnerships with other entities that can support pollinator habitats, for example, public parks, golf courses, cemeteries, schools, etc. leer more information on pollinator habitat management on public: land and parks visit www: inrstate.mn.usliradex.lttml and Ione golf courses visit wwwpolhnaior.vrT,r"l'l)Fs.,'Making_Ruom,,Jor_Salire_Pullinaiors_prlf pdf • 9/7/2014 Presidential Memorandum -- Creating a Federal Strategy to Promote the Health of Honey Bees and Other Pollinators !The White House Home • Briefing Room • Presidential Actions • Presidential Memoranda The White House Office of the Press Secretary For Immediate Release June 20, 2014 Presidential Memorandum -- Creating a Federal Strategy to Promote the Health of Honey Bees and Other Pollinators MEMORANDUM FOR HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES SUBJECT: Creating a Federal Strategy to Promote the Health of Honey Bees and Other Pollinators Pollinators contribute substantially to the economy of the United States and are vital to keeping fruits, nuts, and vegetables in our diets. Honey bee pollination alone adds more than $15 billion in value to agricultural crops each year in the United States. Over the past few decades, there has been a significant loss of pollinators, including honey bees, native bees, birds, bats, and butterflies, from the environment. The problem is serious and requires immediate attention to ensure the sustainability of our food production systems, avoid additional economic impact on the agricultural sector, and protect the health of the environment. Pollinator losses have been severe. The number of migrating Monarch butterflies sank to the lowest recorded population level in 2013-14, and there is an imminent risk of failed migration. The continued loss of commercial honey bee colonies poses a threat to the economic stability of commercial beekeeping and pollination operations in the United States, which could have profound implications for agriculture and food. Severe yearly declines create concern that bee colony losses could reach a point from which the commercial pollination industry would not be able to adequately recover. The loss of native bees, which also play a key role in pollination of crops, is much less studied, but many native bee species are believed to be in decline. Scientists believe that bee losses are likely caused by a combination of stressors, including poor bee nutrition, loss of forage lands, parasites, pathogens, lack of genetic diversity, and exposure to pesticides. Given the breadth, severity, and persistence of pollinator losses, it is critical to expand Federal efforts and take new steps to reverse pollinator losses and help restore populations to healthy levels. These steps should include the development of new public-private partnerships and increased citizen engagement. Therefore, by the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the following: Section 1. Establishing the Pollinator Health Task Force. There is hereby established the Pollinator Health Task Force (Task Force), to be co-chaired by the Secretary of Agriculture and the Administrator of the Environmental Protection Agency. In addition to the Co -Chairs, the Task Force shall also include the heads, or their designated representatives, from: (a) the Department of State; (b) the Department of Defense; (c) the Department of the Interior; (d) the Department of Housing and Urban Development; (e) the Department of Transportation; (f) the Department of Energy; (g) the Department of Education; (h) the Council on Environmental Quality; (i) the Domestic Policy Council; (j) the General Services Administration; http://www.whitehouse.gov/the-press-office/2014/06/20/presidential-memorandum-creating-federal-strategy-promote-health-honey-b Get Email Updates Contact Us Search WhiteHouse.gov in 11 WHITE HOUSE SHAAEABLES VIEW OUR MOST SH CONTENT IN ONE EASY -TO -NAVIGATE PAGE. START SHARING LATEST BLOG POSTS September 06, 2014 2:01 PM EDT President Obama Visits Stonehenge As the last stop on his three-day trip to Estonia and to the NATO Summit in Wales, President Obama visits the prehistoric monument Stonehenge. 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VIEW ALL RELATED BLOG POSTS Facebook Twitter Flickr Google+ YouTube Vimeo iTunes Linkedln 1/4 9/7/2014 Presidential Memorandum -- Creating a Federal Strategy to Promote the Health of Honey Bees and Other Pollinators !The White House (k) the National Science Foundation; (I) the National Security Council Staff; (m) the Office of Management and Budget; (n) the Office of Science and Technology Policy; and (o) such executive departments, agencies, and offices as the Co -Chairs may designate. Sec. 2. Mission and Function of the Task Force. Within 180 days of the date of this memorandum, the Task Force shall develop a National Pollinator Health Strategy (Strategy), which shall include explicit goals, milestones, and metrics to measure progress. The Strategy shall include the following components: (a) Pollinator Research Action Plan. The Strategy shall include an Action Plan (Plan) to focus Federal efforts on understanding, preventing, and recovering from pollinator losses. The Plan shall be informed by research on relevant topics and include: (i) studies of the health of managed honey bees and native bees, including longitudinal studies, to determine the relative contributions of, and mitigation strategies for, different stressors leading to species declines and colony collapse disorder, including exposure to pesticides, poor nutrition, parasites and other pests, toxins, loss of habitat and reduced natural forage, pathogens, and unsustainable management practices; (ii) plans for expanded collection and sharing of data related to pollinator losses, technologies for continuous monitoring of honey bee hive health, and use of public-private partnerships, as appropriate, to provide information on the status and trends of managed hive losses; (iii) assessments of the status of native pollinators, including the Monarch butterfly and bees, and modeling of native pollinator populations and habitats; (iv) strategies for developing affordable seed mixes, including native pollinator -friendly plants, for maintenance of honey bees and other pollinators, and guidelines for and evaluations of the effectiveness of using pollinator -friendly seed mixes for restoration and reclamation projects; (v) identification of existing and new methods and best practices to reduce pollinator exposure to pesticides, and new cost-effective ways to control bee pests and diseases; and (vi) strategies for targeting resources toward areas of high risk and restoration potential and prioritizing plans for restoration of pollinator habitat, based on those areas that will yield the greatest expected net benefits. (b) Public Education Plan. The Strategy shall include plans for expanding and coordinating public education programs outlining steps individuals and businesses can take to help address the loss of pollinators. It shall also include recommendations for a coordinated public education campaign aimed at individuals, corporations, small businesses, schools, libraries, and museums to significantly increase public awareness of the importance of pollinators and the steps that can be taken to protect them. (c) Public -Private Partnerships. The Strategy shall include recommendations for developing public-private partnerships to build on Federal efforts to encourage the protection of pollinators and increase the quality and amount of habitat and forage for pollinators. In developing this part of the Strategy, the Task Force shall consult with external stakeholders, including State, tribal, and local governments, farmers, corporations, and nongovernmental organizations. (d) Task Force member agencies shall report regularly to the Task Force on their efforts to implement section 3 of this memorandum. Sec. 3. Increasing and Improving Pollinator Habitat. Unless otherwise specified, within 180 days of the date of this memorandum: (a) Task Force member agencies shall develop and provide to the Task Force plans to enhance pollinator habitat, and subsequently implement, as appropriate, such plans on their managed lands and facilities, consistent with their missions and public safety. These plans may include: facility landscaping, including easements; land management; policies with respect to road and other rights-of-way; educational gardens; use of integrated vegetation and pest management; increased native vegetation; and application of pollinator -friendly best management practices and seed mixes. Task Force member agencies shall also review any new or renewing land management contracts and grants for the opportunity to include requirements for enhancing pollinator habitat. http://www.whitehouse.gov/the-press-office/2014/06/20/presidential-memorandum-creating-federal-strategy-promote-health-honey-b 2/4 9/7/2014 Presidential Memorandum -- Creating a Federal Strategy to Promote the Health of Honey Bees and Other Pollinators !The White House (b) Task Force member agencies shall evaluate permit and management practices on power line, pipeline, utility, and other rights-of-way and easements, and, consistent with applicable law, make any necessary and appropriate changes to enhance pollinator habitat on Federal lands through the use of integrated vegetation and pest management and pollinator -friendly best management practices, and by supplementing existing agreements and memoranda of understanding with rights-of-way holders, where appropriate, to establish and improve pollinator habitat. (c) Task Force member agencies shall incorporate pollinator health as a component of all future restoration and reclamation projects, as appropriate, including all annual restoration plans. (d) The Council on Environmental Quality and the General Services Administration shall, within 90 days of the date of this memorandum, revise their respective guidance documents for designed landscapes and public buildings to incorporate, as appropriate, pollinator -friendly practices into site landscape performance requirements to create and maintain high quality habitats for pollinators. Future landscaping projects at all Federal facilities shall, to the maximum extent appropriate, use plants beneficial to pollinators. (e) The Departments of Agriculture and the Interior shall, within 90 days of the date of this memorandum, develop best management practices for executive departments and agencies to enhance pollinator habitat on Federal lands. (f) The Departments of Agriculture and the Interior shall establish a reserve of native seed mixes, including pollinator -friendly plants, for use on post -fire rehabilitation projects and other restoration activities. (g) The Department of Agriculture shall, as appropriate and consistent with applicable law, substantially increase both the acreage and forage value of pollinator habitat in the Department's conservation programs, including the Conservation Reserve Program, and provide technical assistance, through collaboration with the land-grant university -based cooperative extension services, to executive departments and agencies, State, local, and tribal governments, and other entities and individuals, including farmers and ranchers, in planting the most suitable pollinator -friendly habitats. (h) The Department of the Interior shall assist States and State wildlife organizations, as appropriate, in identifying and implementing projects to conserve pollinators at risk of endangerment and further pollinator conservation through the revision and implementation of individual State Wildlife Action Plans. The Department of the Interior shall, upon request, provide technical support for these efforts, and keep the Task Force apprised of such collaborations. (i) The Department of Transportation shall evaluate its current guidance for grantees and informational resources to identify opportunities to increase pollinator habitat along roadways and implement improvements, as appropriate. The Department of Transportation shall work with State Departments of Transportation and transportation associations to promote pollinator -friendly practices and corridors. The Department of Transportation shall evaluate opportunities to make railways, pipelines, and transportation facilities that are privately owned and operated aware of the need to increase pollinator habitat. (j) The Department of Defense shall, consistent with law and the availability of appropriations, support habitat restoration projects for pollinators, and shall direct military service installations to use, when possible, pollinator -friendly native landscaping and minimize use of pesticides harmful to pollinators through integrated vegetation and pest management practices. (k) The Army Corps of Engineers shall incorporate conservation practices for pollinator habitat improvement on the 12 million acres of lands and waters at resource development projects across the country, as appropriate. (I) The Environmental Protection Agency shall assess the effect of pesticides, including neonicotinoids, on bee and other pollinator health and take action, as appropriate, to protect pollinators; engage State and tribal environmental, agricultural, and wildlife agencies in the development of State and tribal pollinator protection plans; encourage the incorporation of pollinator protection and habitat planting activities into green infrastructure and Superfund projects; and expedite review of registration applications for new products targeting pests harmful to pollinators. (m) Executive departments and agencies shall, as appropriate, take immediate measures to support pollinators during the 2014 growing season and thereafter. These measures may include planting pollinator - friendly vegetation and increasing flower diversity in plantings, limiting mowing practices, and avoiding the use of pesticides in sensitive pollinator habitats through integrated vegetation and pest management practices. Sec. 4. General Provisions. (a) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations. http://www.whitehouse.gov/the-press-office/2014/06/20/presidential-memorandum-creating-federal-strategy-promote-health-honey-b 3/4 9/7/2014 Presidential Memorandum -- Creating a Federal Strategy to Promote the Health of Honey Bees and Other Pollinators !The White House (b) Nothing in this memorandum shall be construed to impair or otherwise affect: (1) the authority granted by law to any agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (c) Nothing in this memorandum shall be construed to require the disclosure of confidential business information or trade secrets, classified information, law enforcement sensitive information, or other information that must be protected in the interest of national security or public safety. (d) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (e) The Secretary of Agriculture is hereby authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA WWW.WHITEHGUSE.GOV En espanol I Accessibility 1 Copyright Information 1 Privacy Policy I Contact USA.gov I Developers 1 Apply for a Job http://www.whitehouse.gov/the-press-office/2014/06/20/presidential-memorandum-creating-federal-strategy-promote-health-honey-b 4/4 Ira Ebe!Sew Mork S http://riyti.ms/lyjaQb THE OPINION PAGES OP-ED CONTRIBUTOR 1 NYr NOW Our Bees, Ourselves Bees and Colony Collapse By MARK WINSTON JULY 14, 2014 VANCOUVER, British Columbia — AROUND the world, honeybee colonies are dying in huge numbers: About one-third of hives collapse each year, a pattern going back a decade. For bees and the plants they pollinate — as well as for beekeepers, farmers, honey lovers and everyone else who appreciates this marvelous social insect — this is a catastrophe. But in the midst of crisis can come learning. Honeybee collapse has much to teach us about how humans can avoid a similar fate, brought on by the increasingly severe environmental perturbations that challenge modern society. Honeybee collapse has been particularly vexing because there is no one cause, but rather a thousand little cuts. The main elements include the compounding impact of pesticides applied to fields, as well as pesticides applied directly into hives to control mites; fungal, bacterial and viral pests and diseases; nutritional deficiencies caused by vast acreages of single - crop fields that lack diverse flowering plants; and, in the United States, commercial beekeeping itself, which disrupts colonies by moving most bees around the country multiple times each year to pollinate crops. The real issue, though, is not the volume of problems, but the interactions among them. Here we find a core lesson from the bees that we ignore at our peril: the concept of synergy, where one plus one equals three, or four, or more. A typical honeybee colony contains residue from. more than 120 pesticides. Alone, each represents a benign dose. But together they form a toxic soup of chemicals whose interplay can substantially reduce the effectiveness of bees' immune systems, making them more susceptible to diseases. These findings provide the most sophisticated data set available for any species about synergies among pesticides, and between pesticides and disease. The only human equivalent is research into pharmaceutical interactions, with many prescription drugs showing harmful or fatal side effects when used together, particularly in patients who already are disease-compromised. Pesticides have medical impacts as potent as pharmaceuticals do, yet we know virtually nothing about their synergistic impacts on our health, or their interplay with human diseases. Observing the tumultuous demise of honeybees should alert us that our own well-being might be similarly threatened. The honeybee is a remarkably resilient species that has thrived for 40 million years, and the widespread collapse of so many colonies presents a clear message: We must demand that our regulatory authorities require studies on how exposure to low dosages of combined chemicals may affect human health before approving compounds. Bees also provide some clues to how we may build a more collaborative relationship with the services that ecosystems can provide. Beyond honeybees, there are thousands of wild bee species that could offer some of the pollination service needed for agriculture. Yet feral bees — that is, bees not kept by beekeepers — also are threatened by factors similar to those afflicting honeybees: heavy pesticide use, destruction of nesting sites by overly intensive agriculture and a lack of diverse nectar and pollen sources thanks to highly effective weed killers, which decimate the unmanaged plants that bees depend on for nutrition. Recently, my laboratory at Simon Fraser University conducted a study on farms that produce canola oil that illustrated the profound value of wild bees. We discovered that crop yields, and thus profits, are maximized if considerable acreages of cropland are left uncultivated to support wild pollinators. A variety of wild plants means a healthier, more diverse bee population, which will then move to the planted fields next door in larger and more active numbers. Indeed, farmers who planted their entire field would earn about $27,000 in profit per farm, whereas those who left a third unplanted for bees to nest and forage in would earn $65,000 on a farm of similar size. Such logic goes against conventional wisdom that fields and bees alike can be uniformly micromanaged. The current challenges faced by managed honeybees and wild bees remind us that we can manage too much. Excessive cultivation, chemical use and habitat destruction eventually destroy the very organisms that could be our partners. And this insight goes beyond mere agricultural economics. There is a lesson in the decline of bees about how to respond to the most fundamental challenges facing contemporary human societies. We can best meet our own needs if we maintain a balance with nature -- a balance that is as important to our health and prosperity as it is to the bees. Mark Winston, a biologist and the director of the Center for Dialogue at Simon Fraser University, is the author of the forthcoming book "Bee Time: Lessons From the Hive." A version of this op-ed appears in print on July 15, 2014, on page A25 of the New York edition with the headline: Our Bees, Ourselves. © 2014 The New York Times Company APRIL 21. 2014 SUBSCRIBER SERVICES Qttjr egister Ouarit HOME EDITORIAL Protecting the pollinators Eugene takes a small but important step for bees PUBLISHED: 12:00 A.M.. MARCH 25 1 0 0 4 Tweet g÷1 Share The Eugene City Council voted recently to ban the use of a class of insecticides on all city property, including parks. While Eugene uses a vanishingly small percentage of the world's supply of these chemicals, the unanimous vote was an important display of leadership. The insecticides targeted by the council's resolution pose a serious threat to bees and other pollinators, and the city's action could be a disproportionately effective response to the threat. The insecticides are neonicotinoids. Developed in the 1980s, neonicotinoids were the first major class of insecticides to be introduced in 50 years. As they came into use in the 1990s, neonicotinoids were welcomed as being highly effective in controlling insect pests while presenting little threat to wildlife. One type of neonicotinoid, imidacloprid, is now the most widely used insecticide in the world. A problem with any effective insecticide, however, is that it is toxic to harmful and beneficial insects alike. Bees may be particularly susceptible to neonicotinoids. The insecticides are systemic, meaning they are absorbed and distributed to all parts of a plant, accumulating in its pollen and nectar, both of which are gathered and spread by bees. A study reported in the Proceedings of the National Academy of Sciences last year found that neonicotinoids disrupt bees' immune systems, making them vulnerable to viral infections. Bees of all kinds — wild and domestic, solitary like bumblebees and social like honeybees — are in trouble, with population declines of 50 percent reported in some parts of the world. Neonicotinoids are far from the only source of stress on bee populations, but this relatively new type of chemical may be aggravating a decline that has far-reaching consequences. Researchers at Cornell University estimated that insect pollinators, mostly bees, added $29 billion to the U.S. agricultural economy in 2010. Many fruit and nut crops could not be produced unless they were pollinated by bees. Declining bee populations could have landscape -altering effects on botanical diversity. The European Union voted last year to ban the use of three neonicotinoids, citing an unacceptably high risk to bees. Rep. Earl Blumenauer, D -Portland, is sponsoring the Save American Pollinators Act, which would ban four neonicotinoids, including those banned by the EU. The U.S. Environmental Protection Agency is examining the safety of neonicotinoids, but its review will not be complete for several years. The city of Eugene was right not to wait for federal action. The council recognized that it had an opportunity to respond in a way that acknowledges a special responsibility to protect pollinators. Bees' highest levels of toxic exposure to neonicotinoids come from ornamental uses — lawns and gardens, rather than agricultural crops. And the usual methods of reducing pollinators' exposure — such as applying the insecticide when plants are not in bloom or relocating beehives — don't work with neonicotinoids, because the chemicals are systemic and long-lasting. Eugene's ban is fully consistent with its integrated pest management program, which seeks to minimize pesticide use. The Xerxes Society for Invertebrate Conservation reviewed the research and recommended that efforts to protect pollinators from neonicotinoids include more research, better labeling and a ban on ornamental and cosmetic uses. The city of Eugene is already there. AUGUST 5, 2014 Minnetonka Area Volume 30 Number 45 Shorewood becomes first 'bee -safe' city in state Will regulate use of pesticides on public property SYJOEY LEMAY Editor The city of Shorewood became the first city in Minnesota to adopt resolutions to protect honey bees From particular pesticides. The city said it will undertake its best efforts to manage its use of pesticides in all public places within the city. Fewer than 10 cities across the country have taken such steps, which include eliminating the use of neon icotinoids -- a synthetic chemical insecticide thought to be accountable for a large portion of bee deaths and colony collapse disorder. The Shorewood City Council ap- proved the resolution on July 28, after having met with a west metro- based organization called Humming for Bees. The group looks to educate cities and residents about the chal- lenges facing honey bees and what can be done to improve their chances of survival. Patricia Hauser, a Shorewood resi- dent and Humming for Bees member, helped organize the resolution after Humming for Bees meeting Where: Hopkins Public Library, 22 11th Ave, N., Hopkins When: Sunday, Aug, 10 about the issue over the winter. Hauser's husband, Jeff Dinsmore, is a beekeeper, so the issue has been near to their hearts. "It's a global issue and people are waking up to it," Hauser said. "The product is everywhere, allover store shelves. We need to take another look at it and say, 'Good grief, what are we doing? We're killing our food source." Research suggests that bees are responsible for as much as one third of the food we eat, including fruits. vegetables, nuts, coffee and much more. Bees in Minnesota already have issues when it comes to pollination, simply because the weather cycle limits the growing season for flow- ers. But Hauser notes that when those flowers are treated with the aforementioned pesticides, it further limits food options for bees. "Flowers are bee food. Part of the www.weekiynesus,com 1 Lakeshore Weekly News BEE RESOLUTION m.tny of the flowers wo do have C9atlnuad it9m Al are laced with these pesticides. in particular, neon tent I Holds." Neonicatlnoids work by problem for bees is that they're binding to cells in the Insect's starving. We don't have flow. nervous system, ultimately era from spring !brutish fall causing paralysis and death, for them to survive. ft's eery To help grov ide unlaced ]invited.' Hauser sold. "And so food for bees, Hauser and the city of Shoreu•exwl have agreed to pian[ clover al three parka: Cathcart Park. Freeman Park, and the South Shore Skate Perk. Designated "Bee•Safe" et' eas in Shorewood with be noted with a yellow sign. Hauser said the new resole• lion In Shorewood is a great start, and hopes like-minded thinking or the Issue 5ptesds. "They were open to learn - Ing shout this. And they were concerned and they had qucs- [tons they Wanted answered. They were bring goon council members," Hauser said. StarTribune Shorewood passes state's first 'bee -safe' policy Article by Kelly Smith Star Tribune August 2. 2014 - 6 38 AM In the growing movement to better protect honevbees, Shorewood has become the first city in Minnesota — and. leaders say. the third city in the nation — to pass a policy encouraging planting bee -friendly flowers and restncting certain pesticides. This week. the City Council unanimously approved the resolution vowing to refrain from using systemic pesticides, including neonicotinoids — the most widely applied insecticides in the world, which can be lethal to Insects. but not to humans and mammals. The west metro suburb also is planting clover, which can provide nectar and pollen for bees, in three city parks And they hope other metro area cities follow suit "This should be exciting for Minnesota,- sad Patricia Hauser, a resident who pushed For the policy -This is a big vein for pollinators and bees FOR MORE INFO In person A representative hom the group Humming for Bees we be outsxie Exce$gr Bav t3opks, 36 Water Si in Excelsior. 11 a.m la 1 p.m. every sSaiurday �n August. Online www hummnatorbees.orq As concern over the drastic decline of bees grows across the country. she and other residents in the small Lake Minnetonka community have banded together to urge people to plant and take care of lawns without harming bees While there is much debate over the role that neonicotinoids play in the bee die -off, Shorewood hasn't ever used the chemicals on city property But, Mayor Scott Zerby said. the policy ensures that the city doesn't use the chemicals in the future and helps educate the community about creating pollinator-tnendly habitats -In Shorewood, we take a lot of pride in being innovative," he sad in a way, we're restonng the environment to be more bee -friendly " Earlier this year. city leaders sent a letter of support to the state Legislature before it passed a law forbidding nursenes to put a "bee-fnendly" label on plants containing neonicotinoids. And it's not the first time the city has been ahead of the curve. More than a decade ago, Shorewood and Minneapolis were the first in the state to ban selling lawn fertilizer with phosphorus, spumng bans in other cities and then a state law Now, Hauser. a retired schoolteacher, and her husband. Jeff Dinsmore, a retired engineer, hope that Shorewood can do the same with its 'bee -safe" city policy. Since January, the couple has encouraged residents and the city not to use pesticides that hami bees. handing out bright yellow Lawn signs in exchange for those who take the pledge "That's a huge win, and we hope people across the country see that," said Hauser. whose passion for the issue extended to offering to stop at each council members house to show them a video on the bee die -off "We tned to be persistent without bugging them to death — pardon the pun Beekeepers across the country are losing a fourth to a third of their hives each winter — a dramatic decline that has exposed bees as a fragile link in the nation's food supply chain U.S agnculture depends on bees to pollinate $15 billion worth of crops annually — a third of the food we eat Chemicals click on name of pesticide below to open fact sheet Used in City of Stillwater, Uses and Toxicity to Humans, Birds, Fish and Pollinators Use in City of Stillwater Cancer yes Endocrine Disruption yes Reproduc tive Effects yes Neurotox icity n/a Kidney/Li ver Damage yes Birth develop. n/a it 11 Toxic to Birds n/a Toxic to Fish Acquatic Organisms yes Toxic to Pollinator s Glyphosate **Non-selective post -emergent herbicide to kill all weeds in target area. n/a (Round -up Pro, Razor -Pro & Glyphosate Pro) Triple **Dicama is one of 3 chemicals in Triple (2,4-D, MCPP & Dicamba) to kill broadleaf weeds in turf grass (dandelions, knotweed, clover and others) n/a n/a yes yes yes yes yes yes n/a dandelions are most important spring food source for pollinators. clover is also forage. (Dicamba) Triple (2 4-D) **2,4-D is one of 3 chemicals in Triple yes probable yes yes yes yes yes yes yes 7 mile drift, knocks blossoms off plants and flowers Bromacil (Hyvar-X-L) non selective pre - emergent herbicide w/residual control for medians and curb lines. possible n/a n/a n/a yes n/a n/a n/a n/a Triclopyr Control wood plants in forest and open areas, mainly for buckthorn. n/a n/a yes n/a yes yes n/a yes n/a (Relegate, Garlon, Tahoe) Imidacloprid Broad spectrum insecticide. Used to control grubs in turf grass areas. n/a n/a yes n/a n/a n/a yes yes yes discontinue neonicotinoids for pollinators. banned in some countries. (merit) Bifenthrin insecticide for turf and landscape areas. Japenese beetles mostly, can be used for other insects. yes yes n/a yes n/a yes yes yes yes less toxic than neonics (Menace) Trifluralin * *Pre -emergent herbicide for weeds in planting beds during growing season. (Preen) possible probable yes n/a yes n/a n/a yes n/a (Treflan) Quinclorac Post emergent control broadleaf weeds in turf grass mainly for crabgrass. n/a probable probable n/a n/a n/a n/a possible n/a **Used most commonly in Stillwater Source - http://www beyondpesticides.org n/a - information not yet available or doesn't apply Source - www.pesticideinfo.org EXHIBIT "A" TO RESOLUTION #2014-148 Page 1 LIST OF BILLS 3M Electro cut film 1175c 472.50 Ace Hardware Supplies 360.91 Action Rental Inc. Concrete and trailer rental 535.00 Amdahl Locksmith Inc Chris Adjust front door 114.00 Ancom Technical Center Pager replacement shipping 12.00 Aspen Mills Uniforms 1,592.26 Astleford International Equipment repairs 1,044.98 Bear Roofing & Exteriors Inc VOID Permit 2014-00802 Refund 123.65 Bells Trucking Inc. Made drive for propane trucks & Willard St storm pond 10,581.00 Board of Water Commissioner WAC Charges 14,355.00 Boyer Trucks Truck parts 33.84 Brady Doug Reimburse for mileage to Breezy Point 183.12 Brines Market Meals for budget workshop 54.84 Bryan Rock Products Inc. Fishing pier supplies 69.03 BWBR Professional services - fire hall 10,512.10 Campion Barrow & Associates Fire services 830.00 Carquest Auto Parts Auto parts and supplies 210.72 CDW Government Inc. PD Printer 544.82 Century Link Phone 140.88 Century Power Equipment Parts - USA Trail 259.98 Cole Papers Low density can liners 771.00 Comcast Internet & Voice 431.55 CoStar Realty Information Inc Property professional 316.00 Cub Foods Board & commission picnic supplies and food 560.06 Diamond Vogel Paints Paint 1,115.50 ECM Publishers Publications 239.25 Emergency Essentials LLC Emergency flash light listick and whistle 686.20 Emergency Medical Products 4 Lifepack AEDs 1,980.00 Enterprise FM Trust Fire lease vehicle 994.92 Enterprise Products Operating Propane 10,858.82 Fastenal Company Supplies 6.61 FedEx Shipping costs 51.62 First Air Products 1st responder kit jump bags 3,530.02 FleetPride Oil sealer 61.74 Foremost Promotions Reflective halloween bags - 390.00 Fury Stillwater Oil change 46.09 G & K Services Mats & Uniforms 958.66 Gertens Wholesale Trees 1,413.00 Goodyear Commercial Tire Tires 373.84 Gopher State One Call Inc. Tickets 438.10 Granicus Inc Qtrly web streaming service 2,106.84 Hansen Larry Reimburse for refreshments for board picnic 68.47 HD Supply Waterworks Ltd. Pedestrian grate F inline drain 395.00 Jimmys Johnnys Inc. Toilet rental 771.93 Junker Brad Reimburse for mileage for classes 165.20 Kirvida Fire Inc. Replace hoses and clamps 446.77 Laerdal Medical Corporation MiniAnne Plus 1,106.95 Lake Elmo Oil Inc fuel generator 57.30 Lake Elmo Sod Farm LLC Sod 85.20 League of MN Cities Ins Tr Quarterly Municipality Insurance & Worker Comp 112,943.50 EXHIBIT "A" TO RESOLUTION #2014-148 Page 2 Mansfield Oil Company Marine Services Marshall Electric Company Menards Metropolitan Council Metropolitan Mechanical Contractors Minnesota Air Minnesota Commissioner of Revenue MN Dept of Labor and Industry NAPA Auto Parts National Fire Protection Association Office Depot Ramsey County RDO EQUIPMENT CO. Ready Watt Electric RiedelI Shoes Inc. River City DeSIGN River States Truck and Trailer Inc. S&T Office Products Schwaab Inc. Sidewalk Savers Simplifile LC SKB Environmental Springbrook Software Inc. Sprint PCS St. Croix Boat and Packet Co. Stillwater Marina Stillwater Motor Company Stillwater Towing Streichers SW/WC Service Cooperatives T.A. Schifsky and Sons Toll Gas and Welding Supply Total Parking Solutions Inc. Trans Union LLC Tri-State Bobcat UHL Company Washington County License Center Washington County Property Records Williams Quinn Wilson Estes Police Architects Wittman Abbi Jo WSB & Associates Inc. Zayo Enterprise Networks Ziegler Inc. LIBRARY A Greener World Carpet Cleaning Amano McGann Inc Baker and Taylor Brodart Co Fuel Marine fuel filters Repair lights over reception desk Supplies Wastewater Charge Maintenance agreement Actuator motor, starter kit, crank arm & supplies tax forfeited property conditional use deed Boiler license Auto parts and supplies Membership Office supplies Notary filing fee Equipment repair Repair of siren Skates 4 Signs Service Office supplies Notary stamps Sidewalk trip hazard removals Recording fees Pond Sediment Monthly UB web payments Cell phone Grading Escrow Refund Grading Escrow Refund Repairs of fire vehicle Towing Holster Retiree Health Insurance and COBRA Fine asphalt Cylinders Receipt paper for parking terminals Info charges Filters Camera service parking ramp Reg title and plates for new vehicle PW Recording fees for tax forfeited properties Reimburse for mileage & ground breaking refreshments Police and Public Safety Facility Planning Seminar Reimburse for NAPC camp fees Professional services Phone 2014 flood equipment rental Carpet & Upholstery cleaning Exit gate repair Materials Materials 3,061.41 85.50 892.00 307.28 157,965.56 3,179.33 548.81 500.00 20.00 795.76 486.34 181.89 20.00 563.18 960.00 1,935.82 240.00 36.10 114.07 70.00 2,643.33 50.00 936.14 776.85 100.59 4,750.00 1,500.00 325.85 225.00 59.99 62,862.54 1,996.40 42.04 339.00 37.92 55.36 407.25 1,905.41 77.65 65.30 585.00 75.00 1,944.25 841.21 1,608.00 650.00 202.50 896.45 1,597.70 EXHIBIT "A" TO RESOLUTION #2014-148 Page 3 Culligan of Stillwater Water 45.78 G & K Services Towles & Rugs 82.54 Menards Janitorial supplies 25.53 Midwest Tape Materials 932.88 Paper Roll Products General supplies 119.90 Petrie Angela Reimbursements 218.39 Toshiba Business Solutions Maintenance Contract 51.21 Washington County Library Various 228.88 Xcel Energy Energy 4,025.07 Memo DATE: September 5, 2014 TO: Mayor and City Council FROM: Sharon Harrison, Finance Director RE: Sanitary Sewer Adjustments BACKGROUND: During the course of any given year, sanitary sewer rate adjustment recommendations come before Council. These adjustments are mainly due to leaks found during the course of the year, but often stand out more during the readings during the 1St quarter of every year. For residential properties, sanitary sewer billing rates are set during the 2nd quarter of every year using the water consumption (obtained from the Water Board) from the 1st quarter of the year. This rate is then used for the next 4 billing cycles (quarters) until the rates are reset again the following year. As mentioned before, occasionally there are some properties that have experienced increased water usage during the 1St quarter of the year due to some unforeseen circumstances (e.g. leaky toilet, water softener issues, pipe issues, etc.). This increased water usage naturally in turn increases their sanitary sewer billing rate for the next 4 billing cycles (quarters). These residents/owners will then call the City to explain their individual circumstance. We (Finance) then review consumption rates from prior/current quarters to see if we can determine the duration/termination of the leak based on the information provided to us by the water department and the resident/owner. This information then is used to provide Council with new billing rate recommendations for upcoming billing periods (until the new rates are reset the following year). This practice has been used by the City for many years, and has been proven to be a fair and accurate way for property owners to pay their fair share of the use of the sanitary sewer system. RECOMMENDATION: Attached are staff recommendations for sanitary sewer rate adjustments currently requested by property owners. These adjustments are expressed in gallons (of consumption), based on the average consumption of the prior 3 years, and converted to the new billing rate using the most current billing rates approved by Council. These adjustments will begin with the next billing cycle (3rd quarter billing). In other words, staff is recommending to Council that the property owner at least pay the increased sanitary sewer rate for the billing period in which the leak occurred. COUNCIL ACTION: If Council agrees with Staff's recommendation, Council needs to approve staff recommendations as listed on the attached Exhibit A. CITY OF STILLWATER EXHIBIT A Description of Circumstance 1 Leak Winter Average Gallons Billing Quarter Adjustment for From 56,000 3rd To 8,000 2 Toilet leak From 62,000 3rd To 21,000 i11watr Administration To: Mayor and City Council From: Diane Ward, City Clerk Date: 9/10/2014 Subject: Issuance of New On -sale Sunday Taproom License- Maple Island Brewing LLC. In May 2014, Frank Fabio, Maple Island Brewing LLC, received approval for the issuance of an On -sale Micro Brewer Tap Room and Micro Brewer Off -Sale Liquor License located at 225 Main Street N. That approval was granted prior to the legislature approving the on -sale taproom Sunday license. Therefore, Mr. Fabio requests that the Sunday license be approved at this time. The required approvals for all license have been met through Police, Finance, Fire, Building Departments, Minnesota Alcohol & Gambling Enforcement Division and other state agencies regulating brewers. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting a resolution entitled "Approving Issuance of Sunday Taproom Liquor License to Maple Island Brewing, LLC, DBA: Maple Island Brewing" RESOLUTION 2014-149 APPROVING THE ISSUANCE OF A NEW SUNDAY TAPROOM LIQUOR LICENSE TO MAPLE ISLAND BREWING, LLC, DBA: MAPLE ISLAND BREWING WHEREAS, an application has been received for a new Sunday Taproom liquor license for Maple Island Brewing LLC DBA: Maple Island Brewing located at 225 Main Street N; and. WHEREAS, Council reviewed the request at their regular meeting of September 16, 2014, and WHEREAS, all required forms have been submitted and fees paid. NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the issuance of a Sunday Taproom On -liquor license. Adopted by the City Council this 16th day of September, 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 September 10, 2014 Fiber Optics Switch At its meeting on September 9, 2014, the Stillwater Public Library Board of Trustees voted to request the release of $4,325 for a switch to complete the fiber optics package. The library is already connected to Washington County via fiber for both its public and business data service. This switch will allow the connection between the library and City Hall to operate. This connection will allow City IT staff to manage the library's staff computer system efficiently. It will also allow qualified library personnel to consult the City's financial records when needed. There is also the possibility of future joint projects between the library and City Hall that may result in greater efficiency or cost savings. Although the need for this piece of equipment was not envisioned when the library's 2014 capital budget was constructed, the library did underspend on its approved wireless system capital replacement project by $6,896 so funds for the switch are available within the library's approved 2014 capital budget. Administration Memorandum TO: Mayor & City Council FROM: Diane Ward, City Clerk DATE: 9/12/2014 RE: Lift Bridge Beer Run Lift Bridge is holding their annual 5K (2nd year) run. This is considered a "special event" since it needs traffic control, therefore requires Council approval. No other services or equipment is needed. Last year 1 officer & 2 reserves were used at the event, they were posted at Curve Crest/Orleans & Curve Crest/Northwestern. If the race is small like last year Captain Meredith feels that 1 officer & 1 reserve would suffice. r 11I11THPLAC1 OF 01114.1110TA EVENTS PERMIT APPLICATION 216 North 4th Street, Stillwater, MN 55082 Telephone: 651-430-8800 Fax: 651-430-8809 Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. Date of Application: E -/W c)(c7/ Office Use Onfv Date Application Received Type: Event Special Event Event w/ Contract Event Information . :::::: .v ;.:,_ _ :... ,: .:_._.... . Title/Name of Event Lift Bridge Beer Run - 8:OOam 9:OOam lig l�//��/f, Time to Event Date/Time: Set up: Date -�Y /�//���y Time 9:00am to 9:45am Actual Event: Date 4.15/8412e1-4 10:00am 11:00am Clean up: Date Time to (Events after 10:00 p.m. require a variance from City Council Location (Address) of Event: Lift Bridge Brewery at 1900 Tower Drive, Stillwater, MN, 55082 (If in Lowell Park please specify north or south Lowell park) Description of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) The event is a 5K run/walk. The run will start and end on the property of Lift Bridge Brewery. Public streets will be used for the run, and a map of the route has been attached. The run/walk will start at 9am, and go for roughly 40 minutes to one hour. Estimated Attendance (participants and spectators): 200 Applicant Information (Person/Group Responsible) Sponsoring Organization Name: Meet the Monster Athletics, LLC Mailing Address: PO Box 284 . . , fa...... T,-. /'...J.., c.J..,. RAM canon Primary Contact/Applicant Name: Shane Keating Phone Number: 320-266-0005 Fax: CeII Phone: Email Address: Shane@meetthemonster.com Website Address: Name of contact person during event: Shane Keating CeII Phone: 320-266-0005 Alternate contact during event: Brendan Keating Cell Phone: 320-266-0305 Refer media or citizens inquires to: Shane Keating Phone: 320-266-0005 Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features Will any signs/banners be put up No ❑ Yes X Number and size:3, 1 feet by two feet (mile markers) Will there be any inflatables? No ® Yes ❑ Insuronce certificate from rental vendor is required Will there be entertainment? Nom Yes 0 What type: Fees for electricity may apply see Instructions Will sound amplification be used? No ® Yes ❑ Hours and Type: Will a stage or tent(s) be set up? No ® Yes ❑ Dimensions: Will there be temporary fencing? No g Yes 0 Will merchandise/food items be sold? How many No g Yes 1 vendors expected: Fees for electricity may apply see Instructions Will food be prepared on site? No ® Yes ❑ Contact Washington County Health Deportment, 651-430-6655 Will cooking operations be conducted? No ® Yes ❑ contact St;tlwcterFire Deportment, 351-4950 Will alcohol be served but not sold? No ® Yes ® See Alcohol Regulations in the Instructions Will alcohol be sold? No 0 Yes ® SeeAkahol Regulations in the Instructions Will there be a fireworks display? No ® Yes D Permit required, contact Stillwater Fire Deportment, 651-351-4950 Describe power needs and location of power source. None Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available Advertisement will be done in local newspapers, flyers, and via social networking. Sample not yet available but will be fumished immediately when completed if necessary. (4fWre :w ng V event# zrW K' ? FW*, PL.tgM Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right-of-way No 0 Yes ® 716‘-C-(S.(‘L/;°4711-1 Start/End Time: 10:OOam to 11am Date: t 0:00am to 11 am 6 (rr l City Sidewalks or Trails No 0 Yes Start/End t/End Time: Date: Public Parking Lots or Spaces No ® Yes 0 Start/End Time: Date: Will event need barricade(s)? No ® Yes ❑ Number needed: Fees may apply see Instructions Will extra picnic tables be needed? No ® Yes ❑ Number needed: Fees may apply see Instructions Will portable restrooms be needed? No XI Yes ❑ Number needed: Will extra trash receptacles be needed? No ii Yes ❑ Number needed: Describe trash removal and cleanup plan during and after event: All trash and waste will be confined to the brewery. After the race, the race directors will survey the course to make sure no wrappers or garbage is left on the course. Fees may apply see instructions Fees may apply see Instructions Li Contact Stillwater Police Department for assistance, 551-351-4900 Will event need traffic control? No Yes (� Describe crowd control procedure to ensure the safety of participants and spectators: The route will be clearly marked, with a finishing chute. Crowd sizes are not expected to be large, and will be mostly contained to the brewery. Will "No Parking Signs" be needed? No ® Yes ❑ Number needed: Will event need security? No ® Yes ❑ ifevent is overnight, security will be required. Fees may apply see Instructions Show locations) on site map If using private secruity, list Security Company and Contact Information: Will event need EMS services? No ® Yes ❑ Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: Describe the emergency action plan if severe weather should arise: The brewery will provide shelter in the event of severe weather. If weather forecasts are threatening, the race will be cancelled. List any other pertinent information: The brewery will be handling sales of alcohol. Meet the Monster Athletics only handles the race. Meet the Monster also will provide roughly 10-15 volunteers for directing the runners, and any other tasks that will be needed the day of the race. The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, oil expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities 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, 1 certify .hat the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the nformation provided in this application. I realize my submittal of this application request constitutes a contract between myself and the ity of Stille,j a pj release of Liability. gnats re ofkpplican or Authorized Agent 08/18/2014 Date 01 ve \ ‘,4 U.") rl- tJ r.) THE BIRTHPLACE OF MINNESOTA COUNCIL REPORT DATE: September 12, 2014 LANDOWNER: Sheryl Jespersen REQUEST: Special Use Permit for B & B LOCATION: 1005 N William St ZONING: RB, Two -Family Residential CASE NO.: 2014-27 PUBLIC HEARING:September 10, 2014 (Planning Commission) September 16, 2014 (City Council) REVIEWED BY: Stillwater Fire Marshal Tom Ballis, Stillwater Building Official Cindy Shilts City Planner Abbi Wittman REPORT AUTHOR: Bill Turnblad, Community Development Director REVIEW DEADLINE: October 13, 2014 BACKGROUND Sheryl Jespersen lives at 1005 N William Street. She proposes to host up to 10 Craft Retreat guests in her home, in a proposed manner similar to that of a Bed & Breakfast. While there, Jespersen plans to offer breakfasts and act as host to her crafting guests. Bed & Breakfasts are allowed in the Jespersen neighborhood if issued a Special Use Permit (SUP) by the City Council. Jespersen opened her two -guest -room' Craft Retreat B & B this spring without a SUP, because she was not aware that one was necessary. When the City received a complaint about the lodging use of her property, the City notified her that she needed to make application for a use permit.2 I There are three bedrooms upstairs. But, one is a walkthrough and therefore is included together with the master bedroom suite as a single bedroom for B&B purposes. See the attached floor plans for details. 2 When the complaint was received and staff contacted Ms. Jespersen, staff suggested that the craft retreat could possibly be found substantially similar to a B&B, which requires a Special Use Permit. Staff then advised Ms. Jespersen to submit an application for a Special Use Permit. She was not asked to cancel her current retreat reservations when she was notified of her need for a Special Use Permit. But, she was asked not to accept any further reservations until the City Council considered and acted upon her permit request. Jespersen SUP Page 2 of 7 SPECIFIC REQUEST Sheryl Jespersen has requested a Special Use Permit to allow her to operate a Craft Retreat Bed & Breakfast in her home at 1005 N William Street. EVALUATION OF REQUEST The basic question that needs resolution is whether this specific use can be considered a Bed & Breakfast. To help the City Council determine whether the proposed use is substantially similar to a B & B or not, the definition of B & B is reproduced here and compared to the proposed business. Bed and breakfast means an owner occupied historic residential structure used as a lodging establishment where a guestroom or guestrooms are rented on a nightly basis and in which only breakfast is included as part of the basic compensation3. • It must be owner occupied. - The owner is to live on the property and remain on-site and host the guests. This is critical. During the summer Ms. Jespersen allowed groups of up to 12 to rent her home, and she did not stay in her house to host them. In addition, bachelorette parties and other non -crafting groups would rent. The result was that outside parties occasionally got louder and later into the night than found acceptable by neighbors. So, Ms. Jespersen proposes to revise her business model to be substantially similar to a B&B. In terms of this portion of the B&B definition, that means she will live in the house and will be present to host her guests. • Only breakfast may be served. - Jespersen will only serve breakfast. • Nightly rentals, no long term rentals. - This condition is intended to prevent the home from turning into a vacation property or other form of longer term lodging. Jespersen s crafting guests will generally stay for a weekend. Though some could stay for nearly a week. However, in each case the guests pay for a weekend stay with an extra charge for each additional day. There will be no weekly or longer rentals. • The B&B must be in a historic residential structure. - In the performance standards for B & Bs the "historic" aspect of the residential structure is further clarified. "Historic" includes an age standard of at least 100 years4. The Jespersen residence was built in about 1885 to the Minnesota Architecture - History Inventory on record in City Hall. A cross gable addition was constructed on the rear of the home in 1910. Clearly the core of the building meets the age portion of the definition. In summary, the definition of B & B seems to be met by the request. 3 City Code Sec 31-101, 16 4 City Code Sec 31-504, Subd 1(0 Jespersen SUP Page 3 of 7 REVIEW OF STANDARDS If the Council agrees that the proposed Craft Retreat is substantially similar to a B & B, then the proposal should be reviewed against the various code standards for B & Bs and Special Use Permits. That review follows. 1. B & B performance standards A section of the Zoning Code is devoted to B & B performance standards5. The nine that directly apply to this review are reproduced here. • Parking - At least two off-street parking spaces are required for the owner, and at least one is required for each "room/unit" of the B & B. o As seen on the attached parking plan, there are two spaces for the owner: one in the attached garage and one in the driveway. o If this were a standard "one couple per room" B & B business model, two off-street parking spaces would be sufficient (one for the guest suite and one for the other guest room). But, the Crafting Retreat model creates a larger demand for off-street parking than the standard model. It is completely possible that each of the crafting guests would drive to the B & B separately. Therefore, an off-street parking space should be provided for each potential guest. ■ Currently Jespersen accepts reservations for up to 12 crafting guests at a time. However, by Washington County Health Department rules, if a B & B serves more than 10 guests, the kitchen must be upgraded to commercial quality. This is very expensive, so Jespersen will only offer the B & B to 10 guests at a time. o With 10 guests, the property should be required to provide 12 off-street all-weather parking spaces. The attached parking plan shows these spaces. Staff recommends that the all-weather parking lot be constructed prior to November 15, 2014. If it is not constructed by then, reservations after that date should be required to be cancelled. Otherwise, winter parking will be very difficult if it is all on -street. • Number of Guest Rooms - The number of guest rooms is limited to the number of original bedrooms in the home, minus one bedroom for the B&B owner. With the 1910 cross gable addition, this house had three bedrooms. Therefore, the number of guest rooms is limited to two. The number of guest rooms being offered is two. There is a 14 by 14 guest room upstairs at the front of the house. And there is a suite of rooms being offered to guests as well. This suite includes a 14 by 16 walk through bedroom, a 19 by 18 master bedroom, a closet, bathroom and spiral staircase to the kitchen on the main floor. 5 City Code Sec 31-504 Jespersen SUP Page 4 of 7 • Dining Facilities - Dining facilities can only be made available to registered guests, not the public. And, only breakfast can be offered to these guests. o As mentioned above, there will be a maximum of 10 guests. So, the existing residential kitchen is sufficient to provide breakfast to the B & B guests. Furthermore, the only meal proposed to be served is breakfast. • B&B Distribution - Bed & Breakfasts can be no closer to each other than 900 feet. This in theory prevents a cluster of B & Bs that may in their accumulative effect negatively impact a residential neighborhood. o The existing and proposed B & B are all shown on the attached map. The closest B & B is the Sauntry Mansion, which is 1,500 feet away from the Jespersen property. • Exterior Signage - A single sign no greater than four square feet in area is permitted to identify the B & B. o No sign plan was requested or submitted with the application materials. So, prior to installing a sign, it will need to be reviewed and approved by the Community Development Department. • Age of Structure - The B & B structure must be at least 100 years old. o The "original" portions of the Jespersen residence exceed the minimum age requirement. The original home seems to have been constructed in about 1885 and the cross gable addition was constructed in 1910. • Exterior Lighting - Exterior lighting is required between the parking lot and the B & B, but additional exterior lighting for the B & B is not allowed. o No lighting plan was submitted. So, prior to beginning construction of the parking lot, the owner will need to submit a lighting plan that is reviewed and approved by the Community Development Department. • Inspections and Licenses - Various inspections and licenses are required before the Special Use Permit can become valid. o Fire Marshal - The Stillwater Fire Marshal is required to inspect the proposed B & B prior to issuance of a Special Use Permit. This was done and a few minor corrections were ordered and are in the process of being corrected. The only condition requested by the Fire Marshal is that the B & B owner would consent to an annual fire code inspection for the business. o Building Official - The City Building Official is also required to review the conversion request. She noted that with the limited number of bedrooms rented to guests, the occupancy classification can remain the same as a single family home. But, she requires CO detectors and smoke detectors to have hard wire installation rather than battery operation. o Washington County Health Department - Ms. Jespersen will need to make application to the County Health Department for a license to operate the B & B. The license must be issued and a copy filed with the City before the Special Use Permit can take effect. o State Tax ID Number - A State Tax ID Number needs to be provided to the City before the SUP can take effect. From the City's point of view, the Jespersen SUP Page 5 of 7 Tax ID is important because there is a City lodging tax that applies to all hotels and B & Bs in town. • Historic Restoration and Building Additions - All existing B & Bs in Stillwater are located in old houses that exhibit Victorian Era architectural features characteristic of the City's lumbering era. However, as long as the home is at least 100 years old, and fits the historic context of its surrounding neighborhood, the B & B would not need to be a Victorian Mansion. It could, for example, be within the home of a 19th Century factory worker. But, to encourage B & Bs to locate in houses that exhibit the architecture of the 19th Century, whatever style it might be, the Zoning Code states that building restoration and construction of additions should be done according to guidelines promulgated by the US Department of the Interior for historic preservation. o An addition was constructed in the 21st Century, and remodeling has been completed as well, neither of which seem to have been done with the intent of following the Department of Interior guidelines. None the less, the core of the house still resembles a 19th Century home in its room sizing, original wooden flooring, some of the fenestration is still genuine, etc. 2. Special Use Permit standards The city may grant a Special Use Permit or amendments when the following findings are made6: a. The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. Impervious surface coverage - The Zoning Ordinance states that the subject property may only have 25% building coverage and another 25% of other impervious cover7. The building coverage on the property is less than 17% and with the new parking lot the other impervious cover will be under 23 % . So the impervious standards would not be exceeded. Minimum size of B & B lot - The size of lot required for a B & B is directly related to the number of bedrooms that are converted to guest rooms8. The proposal with three guest rooms on the second floor and the owner's master bedroom on the first floor demands a minimum lot size of 10,000 square feet. The subject property's 15,000 square feet exceeds the minimum requirement. 6 City Code Sec 31-1, Subd. 30(1)d 7 City Code Sec 31-308(b)(1) 8 City Code Sec 31-504, Subd. 1(g) Jespersen SUP Page 6 of 7 b. Any additional conditions necessary for the public interest have been imposed. On -street parking is an issue identified by the neighbor that filed the complaint initiating this review process. Currently there is insufficient improved off-street parking. If an eight -space parking lot is constructed as recommended by staff there will be sufficient on-site parking. c. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. The common complaint heard by the Planning Commission at its public hearing on this case was that outside socializing is of great concern to neighbors. As mentioned earlier, the outside parties that occurred because of Ms. Jespersen's business model this summer were not compatible with the residential neighborhood. Though Ms. Jespersen prefers crafting guests, she also accepted other groups. She proposes to change her business model to include only crafters and to be on site to host her guests during their stay. But, to further address the outside noise concerns, staff recommends attaching a condition that quiet hours be observed between 10 PM and 8 AM. RECOMMENDATIONS Planning Commission On a 5-4 vote, the Planning Commission found the business to be different enough from a B & B to create incompatibilities with its residential surrounds. Therefore, they recommended denial of the Special Use Permit. Staff Staff believes that if the business model is revised as proposed by Jespersen, then the Craft Retreat could be operated in a manner substantially similar to a B & B. Therefore, we recommend approval of the Special Use Permit with the 12 conditions identified below. ALTERNATIVES The City Council has the following options: A. Determine that the proposed Craft Retreat is substantially similar to a B & B, and direct staff to bring a Resolution to the next Council meeting that approves the SUP with following conditions: (1) The maximum number of crafting guests is limited to 10 at a time. (2) The owner must live on the property and be on-site to host crafting guests when they are on the site. Jespersen SUP Page 7 of 7 (3) Only breakfasts may be served in the B & B. Crafting guests may not be served lunch or dinner from the B & B's kitchen. (4) Crafting guests may stay no longer than a week at a time. (5) An all-weather parking lot for eight vehicles must be constructed similar to the staff recommendation prior to November 15, 2014. The grading plan for the parking lot must be approved by the City Engineer prior to beginning construction. (6) Prior to installing an exterior sign, it must be reviewed and approved by the Community Development Department. (7) Prior to constructing the parking lot, the owner must submit an exterior lighting plan to the Community Development Department for review and approval. (8) An annual fire code inspection shall be allowed by the owner. (9) Carbon monoxide detectors and smoke detectors must be hard wired rather than operate with batteries. The wiring must be completed before the Special Use Permit will become effective. (10) The owner must make application to the County Health Department for a license to operate the B & B. The license must be issued and a copy filed with the City before the Special Use Permit will become effective. (11) The owner must provide the City Finance Director with the B & B's Tax ID number before the Special Use Permit will become effective. (12) Lodging guest quiet hours must be observed between 10 PM and 8 AM. B. Determine that the proposed Craft Retreat is not substantially similar to a B & B, conceptually deny the Special Use Permit, and direct staff to draft a resolution of denial for the October 7, 2014 Council meeting. C. Continue the public hearing until October 7, 2014 for additional information. The 60 day review deadline is October 13, 2014. Attachments: Location Map Oblique Views Existing Parking Required Parking B&B Location Map Floor Plans cc: Sheryl Jespersen WILKINS STREET WILKINS STREET WEST Subject Property AS EN STREET WEST ELf STREET STREET EAST ASPEN STREET jjlwater TRE BIRTHPLACE OF MINNESOTA Jespersen SUP Zoning Map Zoning Districts nA -P, Agricultural Preservation n RA - Single Family Residential n RB - Two Family n TR, Traditional Residential nLR, Lakeshore Residential 1-7 CR, Cottage Residential CTR, Cove Traditional Residential CCR, Cove Cottage Residential nCTHR, Cove Townhouse Residential TH, Townhouse n RCM - Medium Density Residential RCH - High Density Residential 1-7 VC, Village Commercial CA - General Commercial CBD - Central Business District BP -C, Business Park - Commercial nBP -O, Business Park - Office TiBP -I, Business Park - Industrial IB - Heavy Industrial CRD - Campus Research Development PA- Public Administration 1-7 PROS - Park, Rec or Open Space n ROAD Sept 3, 2014 a THE BIRTHPLACE OF MINNESOTA Jespersen SUP B&Bs in City July 22, 2014 c ' ., ricl 1) ' --1-) ' it as' ag 42=727 3 Bill Turnblad From: Abbi Wittman Sent: Friday, September 12, 2014 8:31 AM To: Bill Turnblad Subject: FW: Approval of Bed & Breakfast Si1twater The Birthplace of Minnesota Abbi Jo Wittman P: 651-430-8822 F: 651-430-8810 www.ci.stillwater.mn.us From: Carrie Robertson [mailto:chattenrober@gmail.com] Sent: Friday, September 05, 2014 12:59 PM To: Bill Turnblad; Abbi Wittman Subject: Approval of Bed & Breakfast This letter is regarding the request for approval of a bed and breakfast at 1005 William St. N. we are residents located within 350 feet of this property. We object to the approval of the William St. property for a bed and breakfast because this is a residential neighborhood. We recognize that other bed and breakfasts within Stillwater are located in residential areas, but the William St. property is on a low traffic street and a street that children frequently play in. In addition, many children walk down this street to get home from Stonebridge grade school. There does not appear to be adequate off-street parking at this property. Thank you for your consideration. Carrie & Gary Robertson 1 Bill Turnblad From: dennis lanoux <dennislanoux@gmail.com> Sent: Friday, September 12, 2014 6:50 AM To: Bill Turnblad Subject: Bed and Breakfast Ms Wittman, I was at the meeting Wednesday the 10th to listen to the proposal by Sheryl Jasperson to operate a bed and breakfast @ 1005 Williams St N. However I was call out on an emergency,as I am in the medical service industry. I was hoping to voice my concerns in person at that meeting since I m the neighbor that most of her lot is adjacent to. If permission is granted , it is my hope that she will be required to enclose her property those with a SIX foot privacy fence completely along the property lines not along road. We have already had to deal with her guests coming onto our property. On one of o those occasions, a guest left the bonfire walked around the brushes to my wife's flower bed and relieved her rather than going inside. I am also concerned that Ms Jasperson does not live on site but smply drops by to check house and maintain lawn. This is a residential area, the type of business and the way she is running it it should be in an area zone for commercial businesses such as hotel/motel property. I do hope to be at the hearing scheduled for the 16th, however I felt it necessary to contact you on this matter in case I become unable to attend. Sincerely, Dennis C. Lanoux 617 Wilkins St. W. Stillwater, Mn. cc Bill Turnblad i Uwater H E 8 I A e H P I A C E 01- MINNESOTA CITY COUNCIL MEETING DATE: City Council: September 16, 2014 CASE NO.: SUP/BB/V/2014-28 Planning Commission: September 10, 2014 APPLICANT: REQUEST: Renee Haugen Consideration of a Special Use Permit for a Bed and Breakfast, and associated variances thereof, to be located at 116 Harriet Street North ZONING: RB - Two Family Residential COMP PLAN: Low/Medium Density Residential PREPARED BY: Abbi Jo Wittman, City Planner REQUEST Renee Haugen has requested a Special Use Permit to allow her to operate a Bed & Breakfast in the home of 116 Harriet Street North. At this time Ms. Haugen does not own the home. The applicant has received property owner permission for the submission of the application and will pursue the purchase of the home, if the Special Use Permit is granted. The home will serve as Ms. Haugen s primary residence. BED & BREAKFAST DETAIL Ms. Haugen is requesting an SUP to operate a Bed & Breakfast with three guest rooms in the structure she will occupy as her home. The home, as originally designed, contained four bedrooms on the second story. The original floor plan has been modified so that there are three bedrooms and one bathroom on that story. The three 116 Harriet Street North Case SUP/BB/V/2014-28 (CC: 9-16-14) Page 2 bedrooms on the second floor would serve as the guestrooms. A fourth bedroom, to be converted from an existing laundry room on the main floor, would serve as the owner's quarters. Additionally, an existing open space on the second story of the garage would be utilized as an owner area. Ms. Haugen is considering converting that into living space for her family's personal use. If she pursues that option in the future, it will require a separate Special Use Permit for an Accessory Dwelling Unit. Entrance at front Room 2 Bath ILA Proposed Single Story Room 3 Room 1 Bath 0 Bath Existing Single Story Figure 1: Main floor plan (post renovation) Figure 2: Second floor plan (post renovation) Ms. Haugen has indicated there are two small additions she would like to pursue: a one-story addition onto the corner of the home for the inclusion of a family room. This would be connected to a remodeled kitchen. The second addition would be on the second story of the home, above an existing screen porch. Ms. Haugen proposes enclosing the screen porch, retrofitting it to a laundry room and office area, with the second story serving as modern restrooms for guestroom 1 and guestroom 3. APPLICABLE REGULATIONS AND STANDARDS City Code Section 31-504, Bed and Breakfast, identifies the following performance standards for review: • Parking - At least two off-street parking spaces are required for the owner, and at least one is required for each B & B room. o Two off-street spaces for owner's use are located in W "Ell 3 Car Parking 116 Harriet Street North Case SUP/BB/V/2014-28 (CC: 9-16-14) Page 3 the garage. Additionally, since the time of the Planning Commission hearing, a three -stall parking area has been proposed to be located east of the garage. This space would be dedicated to the B&B. Staff is recommending, as a condition of approval, all registered guests to park in the designated parking area. • Dining Facilities - Dining facilities can only be made available to registered guests, not the public. And, only breakfast can be offered to these guests. o The only meal proposed to be served is breakfast and it would be limited to registered guests. • B&B Distribution - Bed & Breakfasts can be no closer to each other than 900 feet. This in theory prevents a cluster of B & Bs that may in their accumulative effect negatively impact a residential neighborhood. o Included in the applicant's narrative is a buffer map depicting the proposed B & B as well as those located within 900'. Two existing B & B's are located within 900': Aurora Staples and Rivertown Inn. A variance is requested to the 900' buffer distance. This variance is addressed later in the report. • Exterior Signage - A single sign no greater than four square feet in area is permitted to identify the B & B. o No sign plan was requested or submitted with the application materials. So, prior to installing a sign, it will need to be reviewed and approved by the Community Development Department. • Age of Structure - The B & B structure must be at least 100 years old. o The applicant has submitted documentation indicating the year of construction as 1877. • Exterior Lighting - Exterior lighting is required between the parking lot and the B & B, but additional exterior lighting for the B & B is not allowed. o No lighting plan was submitted. So, prior to beginning construction of the parking lot, the owner will need to submit a lighting plan that is reviewed and approved by the Community Development Department. • Inspections and Licenses - Various inspections and licenses are required before the Special Use Permit can become valid. o As the applicant is not the property owner, staff recommends a condition of approval include review and inspection by the Fire Marshal, Building Official, and Washington County Health Department. o A State Tax ID Number needs to be provided to the City before the SUP can take effect. From the City's point of view, the Tax ID is important because there is a City lodging tax that applies to all hotels and B & Bs in town. • Historic Restoration and Building Additions - B & Bs in Stillwater are located in old houses that exhibit architectural features characteristic of the historic context of the surrounding neighborhood. To encourage B & B's to locate in houses that exhibit the architecture of the era of local and state historical significance, the Zoning Code states that restoration and construction of additions should be done according to guidelines promulgated by the US Department of the Interior for historic preservation. 116 Harriet Street North Case SUP/BB/V/2014-28 (CC: 9-16-14) Page 4 o While a few small additions were constructed to the house, the additions and remodeling have been done in a manner that has been fairly consistent with the intent of the Department of Interior guidelines. The applicant has indicated it is her desire to restore the exterior of the home, while proposing modest additions to allow for modern amenities (such as a restroom for each guestroom). The applicant is aware future additions will likely necessitate design review by the HPC and her architect is aware the additions will need to conform to the Secretary of the Interior's Standards for Rehabilitation. City Code Section 31-207, Special Use Permits, identifies the city may grant a Special Use Permit or amendments when the following findings are made1: a. The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. Impervious surface coverage - The Zoning Ordinance states that the subject property may only have 25% building coverage and another 25% of other impervious covert. The building coverage on the property is less than 8% and with the new parking lot the other impervious cover will be under 25% . So the impervious standards would not be exceeded. Minimum size of B & B lot - The size of structure and the size of the lot required for a B & B is directly related to the number of bedrooms that may be converted to guest rooms3: Max. Number Guestrooms Permitted Original Number of Bedrooms Max. Gross House Size, Not Including Basement, in Square Feet Min. Zoning Lot Size in Square Feet 7,500 1 2 Up to 2,499 2 3 2,500 —2,999 10,000 3 4 3,000 — 3,499 10,000 4 5 3,500 —4,999 15,000 5 6 5,000 up 20,000 The residence currently has 2,310 square feet of living area. Given this, the maximum number of guest rooms permitted is one. The Planning Commission ' City Code Sec 31-1, Subd. 30(1)d 2 City Code Sec 31-308(b)(1) 3 City Code Sec 31-504, Subd. 1(g) 116 Harriet Street North Case SUP/BB/V/2014-28 (CC: 9-16-14) Page 5 discussed this and has determined that given the original number of bedrooms was four, up to three guest rooms can be offered. But, the additional guest rooms should not be allowed to be used until after the two small additions are completed and the total square footage for the residence is at least 3,000 square feet. The Commission determined, however, a variance was not needed at this time for the applicant to operate a one guestroom B &B. b. Any additional conditions necessary for the public interest have been imposed; c. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. On September 10th, the Planning Commission held a public hearing on the matter. Prior to the hearing, City staff did not receive any written comments regarding concerns for this use. In addition to taking comments from Ms. Haugen, the Planning Commission heard concerns from numerous neighbors. The concerns surrounded around the commercial use in a residential area, the increase in traffic at this narrow and uncontrolled intersection, parking demands and snow storage in this area. Some of these concerns came before the Planning Commission as the staff report indicated a request for a five-guestroom B&B. It was determined by the Planning Commission that a three-guestroom B&B would not constitute a nuisance or be detrimental to the public welfare if certain conditions of approval were imposed. This decision came to the Commission upon discussion of the Lady Goodwood Bed and Breakfast, a three-guestroom Inn located at the end of two dead-end roads on the South Hill. Lady Goodwood has been in operation since 2003 and, to date, the City has not received complaints regarding the commercial use in this residential neighborhood. In addition to the staff -proposed conditions, the Planning Commission recommended the following: 1. A grading and parking plan, showing three off-street spaces, be amended to include an onsite snow storage area. The Commission concurred with staff the plan would need to be submitted to the City Engineer for review and approval. 2. Recommendation to the Traffic and Safety Commission should be made to consider the installation of 'Children at Play' signage as well as well as review of the uncontrolled intersection in this location. 3. The Special Use Permit would only be valid until such time as the property transfers in ownership to Ms. Haugen. The permit shall be null and void if the property is sold to a different party. 116 Harriet Street North Case SUP/BB/V/2014-28 (CC: 9-16-14) Page 6 As indicated the following variance is requested: • Buffer Distance: City Code Section 31-504, Bed and breakfast, Subd. 1(c): Bed and breakfast uses in residential areas must be located at least 900 feet apart (approximately three blocks) City Code Section 31-208, Variances, identifies the city may grant a variance when all of the following findings are made: 1. The variance is in harmony with the general purposes and intent of this chapter. The general purpose and intent of the Zoning Code is to regulate and restrict use of land for the protection of public health, safety and welfare. The purpose of Section 31-504 is to allow for conversion of historic houses into B & B's where the use would benefit the surrounding area and where neighborhoods would not be faced with a cluster of B & Bs. Even though the proposed B & B is less than 900 feet from the Rivertown Inn and from the Aurora Staples B & B, these other two B & Bs are completely separated from the Harriet Street proposal by ravines and bluff lines. Given the isolating nature of the topography and physical features of this area, the other two B & Bs are not in reality located in the subject neighborhood. Therefore, the location of the proposed use is in harmony with the zoning chapter. 2. The variance is consistent with the comprehensive plan. No application elements are contradictory to the Comprehensive Plan. 3. The applicant for the variance establishes that there are practical difficulties in complying with this chapter. "Practical difficulties," as use in connection with the granting of a variance, means that all of the following must be found to apply: i. The property owner proposes to use the land in a reasonable manner for a use permitted in the zone where the land is located, but the proposal is not permitted by other official controls; and ii. The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner; and iii. The variance, if granted, will not alter the essential character of the locality. The subject parcel is located in a neighborhood bordered by West Myrtle Street to the South and Mulberry Street to the North, giving topographical separation from the two Inns and other lodging facilities. As noted above, although they are located within 900', all three are in completely separate neighborhoods. The B & B will be the only one in this small neighborhood. 116 Harriet Street North Case SUP/BB/V/2014-28 (CC: 9-16-14) Page 7 The residential nature of the locality would be kept as the addition of three guestrooms would not be over and above normal residential traffic in this neighborhood. Section 31-208 further indicates: • Economic considerations alone do not constitute practical difficulties. • A previous variance must not be considered to have set a precedent for the granting of further variances. Each case must be considered on its merits. ALTERNATIVES The Council has the following options: 1. Uphold the Planning Commission's approval of the requested Special Use Permit, and 900' buffer variance, and adopt the attached Resolution. 2. Determine that the proposed B & B is not consistent with the Special Use Permit provisions and that practical difficulty has not been proven for the 900' buffer variance. If the Council finds this to be true, the Council should direct staff to amend the attached Resolution and bring back for adoption on October 7, 2014. 3. Continue the public hearing until October 7, 2014 for additional information. RECOMMENDATION Staff and the Planning Commission have found proposed B & B meets the Special Use Permit provisions and finds practical difficulty has been established regarding the 900' buffer distance variance, and further recommends approval of the Special Use Permit and associated variance. ATTACHMENTS Site Location Map Applicant Narrative (7 pages) Property History Historic Photograph Site Plan Resolution 238 232 228 21-8 H _ LU 202 (1) 126 517 513 225 219 215 209 507 503 226 224 216 212 207 208 201 202 125 7 721 126 122 112 516 108 104 t 0 Z WEST 603 114 702 517 115 112 uJ cc 0 z 233 z z 114 116 H 424 105 < 0 &a 626 713 704 7O3 4'11 4- aki 420 704 623 624 616 0 301 -23 g 617 609 616 623 - 413 -'417 620 613 414 416 610 418 604 19 607 603 429 421 illwater The Birthplace of Minnesota 116 Harriet Street SITE LOCATION Subject Parcel 0 115 230 460 Feet • tit nzilla. 1 11 .61.1 1111M1 1111: in 2E0 hill 11111 ,11111111111V 111111 11 M111111111 II 11111111N 1111111111 111111 1111111111111 .111111 11111111 1111 ECEIMIEitm 1111 ..1111111 11 ,111.11111 1111 LEE E1111 11111! 1111111M 1111111M 1111111 1111 E1E 111111 11N 1111 1111111111.! 11111111111m 111,11111HAt; =1 Ti =M. grA. 1 I, mJ. Eff, Et : • fill sip .1 74441 ill Ira Val& 00 tii IOWA 1 I*11:111:11V1411;;;I:i:\‘ 11.;.% 0.-.011 011‘ Wit 110 011EVW. e!..... --:-.....; 1111.1111111z otki;11::17....'i:i,::Ililid;15;:;1:111111111.4:11"Lt110. 1Irt it.o ....1 W s' Ili NENW... mist:7sit Tiistias oil \ itt0.4.-- ..t.... at AI '111:Nd fia:n a l it • 11.• Eisilliimirltirat 1111- 1111111111111iku0•‘ 11111 11111 1 11 unpin •••111 orympoll!!&111 111•1•1 1111 11.! :111 •II 1I1: • _ma I1M 111 fil!.E.T mEe1" ZZ Date: August 15, 2014 To: Stillwater Community Development Abby Whitman 216 North Fourth Street Stillwater, MN Property Address 116 Harriet Street North Stillwater, Minnesota Property #: 28.030.20.31.0076, Legal description: LOTS 1-2-3 & 4 Block 8 & Vacated property of Holcombe Street adjacent lots 1 & 3 Thompson Parker & Mowers 2nd Addition, Block 8 Lot 2 Subdivision 11221 Subdivision name Thompson Parker and Mower's 2„ d Addition Block 8 Lot 4 Subdivision 11221 Subdivision Thompson Parker and Mower's 2"d Addition Zoning District: RB, Residential Business Purpose: I am interested in purchasing this property and am in process of conducting a feasibility study to determine if the project of a Bed and Breakfast is possible in this location. Before making an offer on the property I need to know if it is possible to obtain a Special Use Permit for a Bed and Breakfast and Variance to Bed and Breakfast Provision 31.504 Architect: Douglas A. Danks Associates 807 North 4th Street Stillwater, MN 55082 651-430-2139 Builder: TBD Landscaper: TBD Project Narrative and General Plan Application of a Special Use Permit and Variance For a Bed and Breakfast Located At 116 Harriet Street North, Stillwater, MN The subject property is located at 116 Harriet Street, in Stillwater, MN, which is in the RB zoning district. The zoning RB, Residential Business allows for a Bed and Breakfast when properly permitted with a Conditional Use Permit issued by the town of Stillwater as approved by public process and review by the Planning Commission. The property was built in 1878 using the Gothic farmhouse' architecture, popular throughout the United States from the 1840s — 1900s. The home is a two story 2400 square foot four bedroom single family dwelling situated on a residential street on the North hill of Stillwater, with nearby Victorian, Gothic and Craftsman homes representing the various styles of that era. One sixteen Harriet is situated on the North Hill, separated from other B & Bs on the South Hill and bordering neighborhoods by ravines, roads and separate neighborhoods, making this location unique, and removed from other B & Bs. The Stillwater Planning Commission permits Bed and Breakfast in the RB zoning district as regulated in Sec 31-504, subject to the following conditions: (a) At least two off-street parking spaces must be provided onsite for the owner or manager and one parking space for each room bed and breakfast unit. The parking spaces must be signed and the parking plan approved by the community development director. (b) The dining facilities must not be open to the public and must be used exclusively by the registered guests unless allowed as a separate permitted or special use. (c) Bed and breakfast uses in residential areas must be located at least 900 feet apart (approximately three blocks). (d) An identification sign not exceeding four square feet may be located on the site. The sign must match the architectural features of the structure. (e) Bed and breakfast establishments are prohibited in all other districts. (f) The bed and breakfast structure must be at least 100 years old or show proof of historic significance to the city. (g) The maximum of five bed and breakfast guestrooms may be established in a structure. The following lot and structure size criteria determines the number of guestrooms allowed. (See ordiance for details) The nearest B & B is the Aurora Staples, at .20 miles or 1056 feet away from 116 Harriet and from an aerial view is slightly within the 900' buffering zone. The Aurora Staples is situated in a separate neighborhood with the 900' buffering zone barely encroaching on the corner section of the land, and does not include the building within the buffer zone. The second facility is the Rivertown Inn with 10 guest rooms, is .30 miles away, or 1584 feet. From an aerial view the Rivertown Inn is within 900' of the buffer zone. In review of the city ordinance 31.504 Bed and Breakfast the Rivertown Inn is outside of the ordinance requirement of no more than five guest rooms, thus the Rivertown Inn is not classified as a Bed and Breakfast under the 31.504 ordinance and request it not be a consideration for the 900' buffering zone. Buffer Zone Aurora Staples In addition the subject property should be considered for a Bed and Breakfast because of it's • Prime location in Stillwater and an older neighborhood already well into gentrification. • Location in a popular, scenic, and recreational destination, with a proven track record of attracting travelers, tourists and special event visitors • Appropriately zoned for B & B use in an RB two family residential district. • Ample off-street parking, currently the property has off street parking for five vehicles. Excellent main floor plan in main house that will easily provide spacious and ample common areas. • Private and secluded back yard with large oak and pine trees. • While a famous person did not live in the 136 year old building, the home was occupied by the Hooley family for nearly 100 years, which in and of itself is historic. The Hooley's significant contributions and generosity to the town of Stillwater and surrounding community are known widely in the community, making this home worthy of historic status. • Architecturally appropriate Gothic Farmhouse built in 1878 that is a natural city landmark, clearly visible from main street Stillwater, seen in photography in art galleries, books, and restaurants throughout Stillwater. • One block off a main thoroughfare, Myrtle Street provides for easy access and little interruption to neighbors. • Limited residential properties near the property which contribute to lessening inconveniences to the neighborhood. • Lot sized appropriately to 20,000 square feet to accommodate up to five rooms. Vacant tiw to 115 UM* 165 t] 1ER `— Dead end �.t W Nt Parcel ID= 26030203902+d 0 .d 100 220 pert NAP FOR RAE ONLY 1 1 1 1 1 1 1 1 1 NOTA LEGAL DOCULENr City Owned Stillwater a historic town recognized as a popular tourist and visitor destination is well suited for a new option to travelers and visitors through a 'New' and Unique' Bed and Breakfast. This Bed and Breakfast will offer the modern convenience while providing a romantic experience with comfortable, quiet, private and charming surroundings, supporting three guest suites in the main house. There will be a strong emphasis on attention to detail and customer service. It will cater to the aesthetic tastes and expectations of the discerning and affluent traveler. The typical guest to a Bed and Breakfast is looking for home style comfort and quiet enjoyment. Singles and couples, not families, make up the majority of guests. B & B patrons can enjoy ample common areas, including a •Main living room, Targe dining room, a library and screen porch with gas fireplace. •Quality furnishings including the latest in technology, security, new, antique and unique items and • Decor will help create a warm, inviting and safe environment. • Features of the common areas include two fireplace's, a butler pantry, baby grand piano, and a varied selection of reading materials, and games. • Sitting areas will be comfortable and well lighted. • Guests will also be able to enjoy outdoor seating, either in the screen porch or patio on the front of the home facing the St. Croix River or in the beautifully landscaped secluded backyard patio. •Landscaping will be enhanced with additional perennials, manicured trees, and an outdoor sitting area in the secluded back yard. The overgrown foliage currently on the property will be replaced with quality trees, bushes, perennials, and flowers. Sample Landscaping Concepts Explanation of Renovations Renovations will be necessary to meet our standards and to differentiate the B & B on Harriet from its competition, based on market and competitive research, with an emphasis on identifying those features capable of providing the greatest return on investment. Included are items such as private bathrooms with modern amenities, fireplace's, quality finishes, and exterior amenities, such as screen porches and patios and an outdoor fireplace. The house consists of four bedrooms, parlor, dining room, library, kitchen and laundry room. The interior is accented by such features as hardwood floors, door arches, wide moldings and a hand crafted grand stairway, and the original leaded glass front door. Alterations required for health, safety and aesthetic reasons will be enhanced wherever possible. The exterior is wrapped with steel siding and vinyl replacement windows, all of which will be improved with natural materials, higher quality wood framed windows, and architectural elements aligned to the gothic style architecture. The enclosed front porch will be redesigned to achieve a grand entry and porch complete with a walkway leading to the homes entrance. Current entry and porch Sample proposed porch and entry 0 O EXISTING ty61.1'JtVPAir �Y DOSING `r7 DETACHED GARAGE !. `-0' SCHACK RICE STREET , 116 HARRIET STREET NORTH SITE RAN T :zcr-o• 3 EXIST'NG PARKIN XSS EXPANDED TO 5 STALLS Ea1STING) A©DN UP • COWING agmferlittiaura FMA RM ApDN Incorporating a professionally drawn architectural design, a family room will be added to the South side of the building, and a second story addition to the existing porch on the North side of the building which will accommodate two additional bathrooms. The interior renovations will enhance the home to modern day conveniences, including bathrooms, an upgraded kitchen, and an owner's suite and sitting area. The current detached garage will be upgraded for safety and to reflect the appearance of the main house, incorporating a loft on the second floor for the owners use. Although an Architect, General Contractor and professional Landscaper will be hired to oversee construction and ensure that all work is performed in a timely, cost efficient, and correct manner, I will remain closely involved in the entire renovation process. We will reside in the house and operate the business. My 30+ years of marketing, event planning and hospitality experience uniquely qualifies me to operate a first rate hospitality venue. I would be happy to answer any questions. Thank you for your time and for considering my proposal, Renee L. Haugen 10615 Water Lily Terrace Woodbury, MN 55129 Cell 612-723-5912 rlhaugen@mmm.com rlhaugen@aol.com THE SWAIN-HOOLE Y HOUSE: 116 NORTH HARRIET Two Families, Only 24 years old, the entrepreneurial David M. Swain knew he could build a better steamboat engine and opened his own firm, the Marine Engine Works, in 1867. The business was successful at supplying engines not only for steamboats but also sawmills, and as Stillwater's fortunes rose, so did Swain's. in 1868, he married Anna J. Ainsworth in I llinois, and the following years, the couple had five surviving children: Percy, Gertrude, Maude, Verne, and Fred. In 1877, a decade after establishing his firm, Swain was successful enough to build a prominent five - gabled home at 116 North Harriet. Stillwater historian Donald Empson observes that Swain "was probably the wealthiest individual" to live in Stillwater's western neighborhoods at this time, noting that in 1884 the home's furnishings included three clocks/watches, a piano, and. silverware worth $40. An 1879 "Bird's Eye" map shows the house perched over the city. In 1886, taking a mortgage on the home, the Swains successfully expanded beyond marine engines into building their own fleet of steamboats, operating on the St. Croix, Mississippi, and Illinois Rivers under the "Royal Route" name. Decades later, the emergence of the automobile and the advent of World War I hastened the demise of river steamboats. In 1918,.the Swains decided to dose their Stillwater factory and sell one of their remaining steamboats, the Verne Swain. To house his steamboat patterns and parts after the factory was sold, and apparently intending to continue inventing in retirement, David built a storehouse and workshop building next to his home. (This structure is now the garage) An engine below the floor was connected to a pulley system that powered the lathes and other machinery. Storage space was located above the workshop, and in fact, 2 number of original Swain patterns and parts are still in the attic. It was also the end of another era: less than a month after receiving the permit to construct his storehouse/workshop, David Swain died at age 77. He had decided to accompany the Verne Swain to 137 Years its new home in Pittsburgh and became ill during the journey. After David's death, Anna remained in the home, adding the north porch off of the kitchen in April 1919. She continued to live in the house until her own death in 1929. (The Swain name has not entirely left the river, however. The Julia Belle Swain, a replica steamboat named after David Swain's granddaughter, has operated on the Mississippi since 1971 and is now being rebuilt by a new non-profit organization in LaCrosse, Wisconsin.) The home began its second chapter when Matt and Alva Hooley purchased it from the Swains in May 1929. Despite the onset of the Great Depression in September, the Hooleys made the house their own, making minor alterations in 1930 and installing sewer service in 1931. Matt, a grocer, built steps down the bluff in front of the house, to walk to his store each morning. As Matt and Alva raised their six children, the home was the setting for countless happy family occasions. It was also a Stillwater social destination, with the Matt and. Alva frequently hosting dinners and parties for their many friends. Over the years, as the Hooley grocery business evolved into the modern CUB Foods supermarkets, the family also grew, with 21. grandchildren and several great-grandchildren. In the late 1980s or early 1990s, the east porch was constructed on the site of an earlier porch, to give Alva a better view of her beloved St. Croix River. At night, she would watch the headlights line up to cross the Stillwater bridge, calling the view her "string of pearls." Alva continued to live in the house until her death at age 100 in 1996, when the house became the home of daughter Marjorie Hooley, its current owner. The home at 110 North Harriet Street is now offered for sale for the first time in 85 years. What will its next chapter bring? HARRIET STREET NORTH RICE STREET EXISTING 011IVEWAP 30'-0" SETBACK U O vto 116 HARRIET STREET NORTH SITE PLAN 1":20'-0" 3 EXISTING PARKING STALLS EXPANDED TO 5 STALLS EXISTING/ I ADDN UP RESOLUTION CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING A 900' BUFFER DISTANCE VARIANCE AND A SPECIAL USE PERMIT FOR A BED AND BREAKFAST LOCATED AT 116 HARRIET STREET NORTH CASE NO. SUP/2014-28 WHEREAS, Renee Haugen, made application to the City of Stillwater to allow a Bed and Breakfast to operate at 116 Harriet Street North, legally described as Lots 1-4, Block 8, and vacated property of Holcombe Street adjacent to Lots 1-3, Thompson, Parker and Mower's 2nd Addition. WHEREAS, Bed and Breakfasts are only allowed on the subject property, if the City Council approves a Special Use Permit and a 900' buffer variance; and WHEREAS, on September 10, 2014 the Planning Commission held a public hearing on the requested Special Use Permit, and a 900' buffer distance variance, and recommended approval with the conditions listed below; and WHEREAS, Section 31-208 of the City Code, outlines findings necessary to approve a variance, and the City Council finds that: 1. The variance is in harmony with the general purposes and intent of the zoning code. 2. The variance is consistent with the comprehensive plan. 3. Practical difficulty has been established. WHEREAS, Section 31-207, Subd.(d) of the City Code outlines findings necessary to approve a Special Use Permit, and the City Council finds that: 1. The proposed use conforms to the requirements and intents of Chapter 31 of the City Code and of the comprehensive plan, relevant area plans and other lawful regulations. 2. Conditions necessary for the public interest have been imposed and included as conditions of approval in this Resolution. 3. The use will not constitute a nuisance or be detrimental to the public welfare of the community. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater approves the Special Use Permit with the following conditions: 1. The maximum number of guest rooms is based on the total square footage of habitable living space within the structure and the total number of original bedrooms. Therefore, the maximum number of guestrooms shall be limited to three, when the total square footage of the structure is increased to at least 3,000 square feet with the construction of Resolution No. 2014 - Page 2 of 2 additions. Until additions are completed, the number of guest rooms will be limited to one. 2. The owner must generally be on-site when guests are in the home. 3. Only breakfasts may be served in the B & B. Guests may not be served lunch or dinner from the B & B's kitchen. 4. Guests may stay no longer than a week at a time. 5. Registered guests must park in the designated off-street parking area. 6. Plans shall be submitted to and reviewed by the Fire Marshal and the Building Official before the Special Use Permit becomes effective. 7. Plans for exterior additions and/or significant alterations shall be reviewed by the Heritage Preservation Commission for consistency with the Secretary of the Interior's Standards for Rehabilitation. 8. An all-weather parking lot for three vehicles must be constructed wholly onsite. The grading and snow storage plan for the parking lot must be approved by the City Engineer prior to beginning construction. 9. Prior to installing an exterior sign, it must be reviewed and approved by the Community Development Department. 10. Prior to constructing the parking lot, the owner must submit an exterior lighting plan to the Community Development Depai tment for review and approval. 11. An annual fire code inspection shall be allowed by the owner. 12. Carbon monoxide detectors and smoke detectors must be hard wired rather than operate with batteries. The wiring must be completed before the Special Use Permit will become effective. 13. The owner must make application to the County Health Department for a license to operate the B & B. The license must be issued and a copy filed with the City before the Special Use Permit will become effective. 14. The owner must provide the City Finance Director with the B & B's Tax ID number before the Special Use Permit will become effective. 15. Lodging guest quiet hours must be observed between 10 PM and 8 AM. 16. The permit shall only be effective upon the sale of the property to Ms. Renee Haugen. Enacted by the City Council of the City of Stillwater, Minnesota this 16h day of September, 2014. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Memo To: Mayor & City Council From: Diane F. Ward, City Clerk Date: 9/8/2014 Subject: General Election Canvassing Board Meeting Date Canvassing of Election Results The General Election will be held on Tuesday, November 4. As a result, a special meeting must be held by the City Council as the Council is the Canvassing Board for the municipal portion of the election. General Canvass must be held between Friday, November 7 and Friday, November 14. RECOM IENDATION: General Canvassing Board meets on Thursday, November 13 at 8:00 a.m. ACTION REQUIRED: If Council agrees with the recommendation, they should pass a motion setting the date for a Special Meeting for the General Election Canvassing Board. 1 City Council DATE: September 10, 2014 REQUEST: Consider 1St Reading of Design Permit Valuation Amendment FROM: Bill Turnblad, Community Development Director BACKGROUND On August 19, 2014 Councilmember Menikheim reported that the Downtown Revitalization Committee (DRC) was anxious to begin exterior lighting projects on some of their downtown properties. But, they requested clarification on the maximum lighting project valuation that is allowed before a Design Permit is required from the Heritage Preservation Commission. Currently, if the valuation of work on a downtown building's exterior exceeds $5,000, then a Design Permit is required. But, the valuation amount was established in 1989. So, the DRC has asked whether a cost of construction index could be applied to that valuation to give it a value in today's dollars. The Council agreed that the DRC request was reasonable and directed staff to draft an ordinance amendment. COMMENTS If the cost of construction index is applied to a 1989 base year valuation of $5,000, the result would be $10,600 in today's dollars. Meaning, as long as a lighting project (or any exterior project, for that matter) did not exceed a value of $10,600 this year, a Design Permit would not be necessary. An electrical permit and possibly a building permit would be required, by no Design Permit from the Heritage Preservation Commission. RECOMMENDATION If the Council finds that the attached ordinance addresses the Design Permit valuation satisfactorily, then the Council could approve the first reading of the ordinance. Attachments: Ordinance - Legislative Version Ordinance Sec. 31-209. Design permit. Design permits shall require the following: (a) Purpose. The intent of the design review procedure is to secure the general purposes of the comprehensive plan, West Stillwater Business Park Plan and downtown plan, to maintain the character and integrity of neighborhoods and commercial districts by promoting excellence of design and development, preventing traffic hazards, providing adequate services and encouraging development in harmony with its neighborhood or planning area. (b) Establishment of committee. The design review committee, as set forth in this chapter, is the heritage preservation commission as it is set forth and established pursuant to Section 22-7. (c) Required when. A design review permit is required for the following: (1) For site alteration permits issued by the heritage preservation commission, Section 22-7, subd. 6. (2) Type of projects and uses with the downtown plan district and the west business park plan district: i. New commercial structures. ii. New industrial structures. iii. New multiple dwellings and dwelling groups containing three or more dwelling units. iv. Duplexes or two or more detached dwellings on one lot. v. Structures intended for office use. vi. Commercial or industrial uses of land not involving a building including outside storage, loading or utility areas. vii. Accessory structures and uses. viii. Any structure or use for which a variance, special or conditional use permit is required. ix. Any exterior remodeling or site alterations with a value of $5,000.00 or more to any existing commercial, office or industrial building or structure. The $5,000 value is to be adjusted annually by the appropriate construction cost index with a base year of 1989. x. Any exterior remodeling that could clearly alter the architectural integrity of that structure, residential or commercial. ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 31, ENTITLED ZONING ORDINANCE BY ADDING COST OF CONSTRUCTION INDEXING TO THE DESIGN PERMIT VALUATION THRESHOLD THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Purpose. The City of Stillwater finds that it is reasonable to index the valuation threshold for Design Permit applications. City Code Chapter 31, Section 31-209(c)(2)(ix) sets the valuation of work requiring a Design Permit at $5,000. This valuation was established in 1989. But, the cost of construction has increased since the valuation was established. 2. Amending. City Code Chapter 31, Section 31-209(c)(2)(ix) is amended by adding the following sentence: The $5,000 value is to be adjusted annually by the appropriate construction cost index with a base year of 1989. 3. Savings. In all other ways City Code Chapter 31 shall remain in full force and effect. 4. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this day of , 2014. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane Ward, City Clerk Summary of Proceedings Washington County Board of Commissioners September 9, 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. Commissioner Reports — Comments — Questions Commissioner Weik reported she attended the East Metro Strong meeting where two consultants were chosen, St. Paul Riverfront Corporation and Criterion, and they will be preparing kickoff meetings for each of the East Metro Corridors. General Administration Approval of the following actions: - August 26 and September 2, 2014, County Board meeting minutes; - Resolution No. 2014-108, certifying proposed property tax levies for Washington County payable 2015; - Resolution No. 2014-109, Certifying proposed property tax levy for the Washington County Regional Rail Authority payable 2015; Resolution No. 2014-110, proposed property tax levy for the Washington County Housing and Redevelopment Authority payable 2015; - Amend proposed Washington County budget for payable 2015 by freezing the Commissioners' salary and reducing the travel expenditures by $10,000; - Resolution No. 2014-111, as amended, adopting the Washington County proposed budget for payable 2015; - Resolution No. 2014-112, adopting the Washington County Regional Rail Authority proposed budget for payable 2015; - A credit for agricultural homestead for taxes payable in 2014 for the lesser of $205 or the net taxes payable on their property; Washington County has 706 agricultural homesteads that will be receiving checks totaling over $130,000; Dan Papin, Community Services Director, recently reached his 20 year milestone with the county; - Board correspondence was received and placed on file; - Board workshop held to discuss the proposed 2015 legislative positions. Information Technology Approval of a three year agreement for e-mail encryption support with ZixCorp Systems, Inc. Property Records and Taxpayer Services Approval of a one day temporary consumption and display permit for the Christian Brothers Retreat Center in May Township. Public Works Approval of the following actions: - Use of fund 414 Fund balance for acquisition of land to realign the north frontage road at Trunk Highway 36 and Osgood Avenue; - Resolution No. 2014-106, revocation of County State Aid designation of a portion of CSAH 20 and establishing State Aid Highway 22 in the City of Cottage Grove and in Denmark Township; - Resolution No. 2014-107, bid award for CSAH 4 road paving to Valley Paving, Inc.; - Selection of Kraus -Anderson Construction Company to provide professional construction management services for the construction of the Public Works North Shop. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. BOARD AGENDA SEPTEMBER 9, 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 or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, andpresent 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 fiveminutes. 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 Public Works A. Resolution — Award Bid to Valley Paving, Inc. for the County State Aid Highway 4 Paving Project — Cory Slagle, Engineering and Construction Manager B. Contract with Kraus -Anderson Construction Company for Professional Construction Management Services — Don Theisen, Public Works Director 5. 9:25 General Administration — Molly O'Rourke, County Administrator A. Resolution Certifying the Proposed Property Tax Levy Payable 2015 for Washington County B. Resolution Certifying the Proposed Property Tax Levy Payable 2015 for the Regional Rail Authority (RRA) C. Resolution Approving the Proposed Property Tax Levy Payable 2015 for the Washington County Housing & Redevelopment Authority D. Resolution Adopting the Washington County 2015 Proposed Budget E. Resolution Adopting the RRA 2015 Proposed Budget 6. 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 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. 7. Board Correspondence 8. 10:10 Adjourn 9. 10:15- 11:15— Board Workshop with Office of Administration Review of the Proposed 2015 Washington County Legislative Positions 11:30 Personnel Committee Meeting Assistive listening devices are available for use in the County Board Room If lm , nuuel nceieln nen elem. 0, elicahilfite ev 12,6,1,00 Freie. r/a.eo roll /001) Alll RIIIIII EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * SEPTEMBER 9, 2014 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of August 26, 2014 and September 2, 2014, County Board Meeting minutes. Information Technology B. Approval of 3 year agreement for Email Encryption Support with ZixCorp Systems, Inc. Property Records and C. Approval of an application for a 1 day temporary consumption and display Taxpayer Services permit for the Christian Brothers Retreat Center located in May Township. Public Works D. Approval of use of Fund 414 Fund Balance for acquisition of land to realign the north frontage road at Trunk Highway 36 and Osgood Avenue. E. Approval of resolution to revoke County State Aid Highway (CSAH) designation on a portion of CSAH 20 in the City of Cottage Grove and in Denmark Township; and to establish CSAH designation on a portion of 70th Street South in the City of Cottage Grove and in Denmark Township, to be designated as an extension of CSAH 22. 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 rr,m ,{r<mn;r;fl. n. S.,0„'QP r.,..re.'cif (554 ) Aah annn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER