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2014-10-07 CC Packet
REGULAR MEETING RECESSED MEETING i 1 1 t e r INF OIRTNFLACE OF MINNESOTA REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North October 7, 2014 4:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Presentations for City Administrator replacement a. Dave Unmacht, Springsted, Inc. b. Richard Fursman, Brimeyer Fursman IV. STAFF REPORTS 2. Police Chief 3 Fire Chief 4. City Clerk 5. Community Development Dir. 6. Public Works Dir. 7. Finance Director 8. City Attorney 9. City Administrator 7:00 P.M. AGENDA V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE 4:30 P.M. 7:00 P.M. VIII. APPROVAL OF MINUTES 10. Possible approval of September 2, 2014 executive session and September 16, 2014 regular session meeting minutes IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 11. Certificate of Appreciation: Carey Nisi (SAHS teacher) and Sam Giesregen & Nate Anderson (SAHS students) — Human Rights Commission Logo and Booth Artists 12. Proclamation: Fire Prevention Week 13. Certificate of Appreciation: Tim Bell, Fire Department 45 years 14. Certificate of Appreciation: Tom Linhoff, Fire Department 40 years 15. Trail Plan Update — Melissa Douglas X. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. XI. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 16. Resolution 2014-153, directing payment of bills 17. Resolution 2014-154, approval of SafeAssure Consultants, Inc. consulting agreement for OSHA and safety consultation 18. Resolution 2014-155, approval of increase to railroad lease payment 19. Resolution 2014-156, approving workers' compensation claims administration agreement 20. Resolution 2014-157, approval of new On -sale & Sunday Liquor License for Thai Basil, Inc., DBA: Thai Basil 21. Resolution 2014-158, approval of 2014 Harvest Fest Special Event & Contract 22. Possible approval of sanitary sewer adjustments 23. Resolution 2014-159, approval of Stillwater & Oak Park Heights Convention & Visitors Bureau (CVB) Bylaws (Revised 08-30-2014) 24. Resolution 2014-160, adopting delinquent clean up services charges 25. Resolution 2014-161, resolution approving Code Red Joint Powers Agreement 26. Resolution 2014-162, approving new tobacco license to Northgate, Inc. DBA: Still Tobacco 27. Possible approval of waiver of Dog Park Permit for the Grand Opening on October 18, 2014 28. Resolution 2014-163, approval of glazing quote for new Fire Station 29. Possible approval to purchase "V" plow for snow removal at the new Fire Station 30. Resolution 2014-164, resolution approving agreement of assessment and waiver of appeal and adopting assessment for 2007 Schulenberg Alley (PIN 21.030.20.14.0016) XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 31. 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 from the September 16, 2014 meeting) (Resolution — Roll Call) 32. This is the date and time for a public hearing to consider the proposed assessments for water service repairs (L.I. 0009). Notices were mailed to affected property owners and published in the Stillwater Gazette on September 17, 2014 (Resolution — Roll Call) 33. This is the date and time for a public hearing to consider the proposed assessments for the 2014 Street Improvement Project (Project No. 2014-02, LI 403). Notices were mailed to affected property owners and published in the Stillwater Gazette on September 19, 2014. (Resolution — Roll Call) 34. Case No. V/2014-29. This is the date and time for a public hearing to consider a request by Jeff Parent for an appeal to the Planning Commission's denial for a fence variance, to be located at 200 Edgewood Ave, located in the RA: One -Family Residential Zoning District. Notices were mailed to affected property owners and published in the Stillwater Gazette on September 26, 2014. (Resolution — Roll Call) XIII. UNFINISHED BUSINESS 35. Possible approval of the second reading of an Ordinance 1071, amending The Stillwater City Code Chapter 31, Entitled Zoning Ordinance By Adding Cost of Construction Indexing to the Design Permit Valuation Threshold (2nd Reading — Roll Call) 36. Proposed plan for the removal of the Zephyr train (Available Tuesday) 37. Possible approval of extension agreement with Stillwater Caves LLC (Resolution — Roll Call) 38. Possible approval of resolution approving the Findings of Fact for Case No. 2014-28 for the denial of a Bed and Breakfast, and variances associated thereof, to be located at 116 Harriet Ave, located in the RB (Resolution — Roll Call) XIV. NEW BUSINESS None. XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVI. COMMUNICATIONS/REQUESTS XVII. COUNCIL REQUEST ITEMS XVIII. STAFF REPORTS (CONTINUED) XIX. ADJOURNMENT City of Stillwater, Minnesota City Administrator Recruitment October, 2014 I. Scope of Services We are prepared to begin work upon selection, adapt our process and methods as needed and partner with the City Council and staff to deliver a successful recruitment process. 11. Our Process An executive search process involves a series of inter -related steps. The Springsted model has proven to be successful over many years. One of our distinctive qualities is our ability to adapt to meet the needs of the municipality we are working with. The following ten steps (four sections) are involved in a search process: 1. Project initiation 2. Develop Position Profile 3. Candidate recruitment 4. Candidate screening 5. Identify and present top candidates 6. Reference checks 7. Interviews and selection 8. Employment offer and Agreement 9. Background check 10. Goals and transition; guarantee and follow-up Throughout each step we earn and retain your trust and confidence in the process and outcome. III. Our Qualities To administer a participatory process that results in the best candidate for the City Administrator position. Our qualities include the following characteristics: • Organized, effective and experienced • Extensive knowledge of city government • Deep knowledge of city administrators and the search market • Strong search model, yet flexible process to adapt to needs and goals • Strong communicators — actively seek input and ideas • Fair, objective and impartial to all officials • Reliable, timely and dependable • Familiar with Minnesota employment-related laws IV. Our Commitment The overall project and process deliverables for the City include the following. • Exceed all expectations in our work with the City Springsted City of Stillwater, Minnesota — Handout to Provide a City Administrator Recruitment • Effective use of elected officials time • Excellent engagement and partnership with staff and citizen and community participants if used • Professional materials and presentations • Utilize our Springsted team to strengthen the recruitment • Regular check-in with the new City Administrator to see how he/she is doing V. Our Value We will use our experience as a former city administrator and executive recruiter to augment and support the process. We have a strong data base of previous applicants to draw upon for consideration. We have very good contacts throughout Minnesota and the Upper Midwest to support our recruitment efforts. We are active in the League of Minnesota Cities and the Minnesota City/County Management Association. We do not have any search that will compete for applicants with the City of Northfield. We believe you will conclude upon the completion of the process that the selection of Springsted was an excellent choice. VI. Recent Searches The following list highlights recent city administrator searches. Each search was distinct and different, but they represent our broad range of experiences in executive recruitment. The position is listed along with an estimated population. • City of Oakdale, Minnesota, City Administrator, population 28,000 (just starting) • City of Bloomington, Minnesota, City Manager, population 86,000 (ongoing) • City of Lakeville, Minnesota, City Administrator, population 58,000 (almost fmished) • City of Belle Plaine, Minnesota, City Administrator, population 6,800 • City of Watertown, Minnesota, City Administrator, population 4,239 • City of Bayport, Minnesota, City Administrator, population 3,500 • City of International Falls, Minnesota, City Administrator, population 6,400 • City of West St. Paul, Minnesota, City Manager, population 19,700 • City of Burnsville, Minnesota, City Manager, population 60,000 • Village of Bellevue, Wisconsin, Village Administrator, population 15,000 • City of Sun Prairie, Wisconsin, City Administrator, population 29,300 • City of St. Anthony, Minnesota, City Manager, population 8,400 David Unmacht Springsted Incorporated Springsted City of Stillwater, Minnesota — Handout to Provide a City Administrator Recruitment 2 CITY OF STILLWATER, MINNESOTA CITY ADMINISTRATOR EXECUTIVE SEARCH I. CITY OF STILLWATER What distinctive qualities does the City have that will be attractive to potential applicants? II. ISSUES FACING THE CITY Please identify the issues and/or challenges currently facing the City. What are the top immediate priorities of the new City Administrator? What are the long term challenges that the City Administrator will have to address within the next three to five years? III. LEADERSHIP QUALITIES Describe the specific leadership characteristics you desire in a City Administrator. IV. RECRUITMENT PROCESS What geographic region do you want to focus your recruitment on? Do you know of any candidates that should be recruited or asked to apply for this position? Are there any internal candidates? What final thoughts, suggestions and ideas do you have as the search begins? David Unmacht Springsted Incorporated 651-223-3047 (W) 612-202-2391 (C) dunmacht(a,springsted.com October, 2014 The Product is Our Process Personality & Leadership Assessment • Further Evaluation t Reference Checks — Insight Discovery Profile • Personality Assessment • Management Style • Working Effectively • Blind Spots All City Managers/Administrators © Andrew Lothian, Insights, Dundee, Scotland, 2006. All rights reserved. INSIGHTS, INSIGHTS DISCOVERY and INSIGHTS WHEEL are registered Trade Marks. 0 a ivewtnre. Onboarding ►noun o the practice of socializing new managers or executives as they enter a new organization DOING IT RIGHT FROM THE GET -GO 1 2 PUBLIC MANAGEMENT 1 JULY 2014 By Richard Fursman he first days and weeks of a manager's entry into a community are the best of times and the worst of times. For most, it is a honeymoon among strangers; a combination of high expectations and invisible agendas. With a median tenure of city managers and administrators of at least five years, per my research, a new standard for transitioning new managers, high-ranking employees, and their organizations is needed. Newly hired managers and depart- ment heads can begin in unfamiliar surroundings and require a considerable amount of time to gain the institutional knowledge needed to do their job effec- tively. The transition period from when the new employee enters to the point he or she is effective can create a significant lag in productivity. Using the private sector as a com- parison, studies of newly hired executives show they take an average of slightly more than six months to reach the point where their contribution to the company begins to surpass the costs of bringing them on.' From 2007 through 2014, I have provided assistance in more than 100 hires and entries of managers, administra- tors, police chiefs, and fire chiefs as they started in new communities. I interviewed in-depth five managers during the first 10 months at their new job to better understand their personal journey. icma.org/pm: online and mobile accessible More than 500 employees and local elected officials were interviewed before, during, and after the hiring processes of the managers and chiefs. A number of findings and recommen- dations have been summarized here to help new leaders and their hiring authorities reduce the productivity gap, generate stronger performances from the new hire as well as the organiza- tion, and reduce turnover. In recalling the first 300 days in a new community, the managers in this study revealed a journey into themselves and into organizations unknown to them. The new manag- ers were greeted, challenged, and burdened by others and themselves with great anticipation and expecta- tions upon their arrival. Moments of excitement and a deluge of new faces, information, and tests combined in an atmosphere that was unsettled and unsettling. During that pe- riod, surrounded by staffs who were not behaving naturally, the new managers experienced a bit of a shock described as a "mind -spinning," "nerve-wracking," and "disorienting" feeling. An Onhoarding Guide Whenever a change occurs at the man- ager or a department director position, the organization needs to conduct a thorough onboarding process. Onboard- ing is a relatively new term used to describe the practice of socializing new senior -level managers or executives as they enter a new organization or, in this case, community. A process and question guide for every new hire is outlined here from the perspective of the new manager, the existing staff, and the council. The New Manager What to do prior to arrival: • Take some time for yourself to charge your batteries. It will likely be a while before you get a break. • Learn as much as possible about the community and organization (this should also be done before the interview for the job). • Develop and practice a personal introduction that lets people know who you are. • Prepare yourself mentally for a lot of attention and imagine to yourself the impression you want people to have of you. The first impression will be the strongest you ever make. It is difficult to recover from a botched first impression. What to do in the first week and beyond: • Have an onboarding session with elected officials and another with department directors and key staff. • Meet everyone who works for y1e organization. JULY 2014 I PUBLIC MANAGEMENT 13 In the surveys I have conducted with elected officials to help with the on - boarding of a new manager, there has never been 100 percent agreement on the directions that should be given to the new manager. In other words, the manager is at risk of being given conflicting messages right from the start. » Go where they work. Do not have them come to your office. Be prepared to hear people out. Do not promise what you cannot deliver, it will only hurt you in the long run. Be prepared for inquiries on such past issues as staff asking for the raise that was promised. » Know how you want to respond to those inquiries. For larger organizations, it will take much more time and will likely involve meeting groups of people rather than individually. • Identify and communicate your management style and the way you process decision making (done after onboarding). Do you have an "open door" policy and what does that mean? Will you be making any changes right away? How should people approach you and how should you be addressed? (Are you formal or informal?) Identify early goals for yourself publicly and follow through on them. This will help establish your credibility by making promises and then keeping them. Again, be cautious not to make promises you cannot keep as this can be disastrous. • Do some ride -a -longs where and when appropriate. • Work with elected officials to have a set of goals and check in regularly. » Have a communication strategy for getting the plan to stakeholders before you implement. Commu- nicate, communicate, verify, and communicate some more. • Plan on putting in a lot of extra hours for at least six months. Others will see that you are putting in the effort to get the knowledge you will need to be effective. • Encourage staff members to provide you input and feedback on your performance (based on established expectations). • Be patient with your new staff. It will take them time to get comfort- able with you. • Look for early wins. Having some early successes will help establish your confidence and help others see you as a contributing member of the team. • Do not try to change too much right away. Get to know the organization and gain the trust of the elected officials and staff before making a lot of process and program changes. Those changes will come in time. However .. . • Deal with critical issues right away. Process changes should take time, but if a critical issue that needs immediate attention comes up, deal with it. Seek advice and communicate with the elected officials, management staff, attorney, ICMA resources, and your trusted colleagues. Working with Elected Officials Our research found that the most important element for the success of new managers was their relationship with the mayor and council. The basis for a good relationship was a clear understanding of expectations, goals, and culture. In the surveys I have conducted with elected officials to help with the onboarding of a new manager, there has never been 100 percent agreement on the directions that should be given to the new manager. In other words, the man- ager is at risk of being given conflicting messages right from the start. An onboarding session with the entire elected body can clarify the issues and actions the new manager should take and how. A confidential survey is a good idea before the session to ensure all voices are heard and ideas are expressed. These represent some of the common questions that should be addressed at the start of employment. There also are a number of community -specific questions that should be addressed: What is expected of the manager when there is a split vote on a signifi- cant issue? The importance of having the council discuss the answer together is to establish that the manager should not be pulled in different directions or be criticized for following a directive of the majority. Few of the councils 1 have worked with began with a unified voice on what the manager should do with a split deci- sion involving a significant issue. Elected members have suggested the manager drag his or her feet, bring the item back, wait for consensus, or move ahead with the directive. A new manager faced with this type of confusion is subject to criticism for doing his or her job as directed. What is the responsibility of elected officials moving forward if they are icma.org/pm 1 4 PUBLIC MANAGEMENT 1 JULY 2014 on the losing side of an issue? As the new manager starts, it is an excellent time for elected officials to consider how their conduct sends messages to the staff and public. Losing a vote on a new park doesn't mean the member needs to vote no on the bid for the new playground equipment. This discussion can lead to the opportunity of the manager being able to engage members with differ- ing points of view and to encourage constructive discussion while moving forward on items. What is each member's expectation on frequency and type of communica- tion? Some councilmembers like text messages, others phone calls, others e-mail. Most elected officials have different definitions of what an urgent matter is and who should be included in that communication. Is it okay to give some elected officials more face time and attention than oth- ers? This happens all the time, depend- ing on the availability of the elected officials. Those with difficult work and family schedules can have difficulty making the regular meetings and are rarely in the manager's office. Others with flexible hours or who are retired can drop in at any time and stay for long periods. There are times when some councilmembers sense they 1 6 PUBLIC MANAGEMENT I JULY 2014 are being short-changed and that others have more influence as they spend more time with the manager. The onboarding session can help reveal the impact that the inconsistency of face time has on the new manager and other members. The discussion should also include a way for a manager to politely direct the elected member who likes to frequent city hall to give staff (manager included) uninterrupted time to finish work. Are employees allowed to speak directly with councilmembers about work with or without the manager's knowledge? Do councilmembers go directly to staff when they have a question or want something done? Our research found that this varies signifi- cantly from community to community. Managers who attempt to establish fundamentally healthy rules on com- munication without an understanding from the elected body and staff up front, found themselves at odds with the culture. This misstep leads to a loss of credibility and ability to lead. How soon can the manager make changes? How involved do elected officials want to be? Data indicates that changes are often sought when a new manager comes in; however, the change process and timing are seldom discussed up front. Some elected officials indicate it is the manager's job, while others express an interest in knowing all the details of change, including how and why. A clarify- ing discussion and understanding of expectations will help with the timing of change and implementation. How free should the manger be to rec- ommend replacing people if they are not doing what they expected to do? At times, new managers are greeted upon their arrival with a problem employee or two. The council needs to have an understanding of the process and the time the new manager needs to take to address any personnel issues he or icma.org/pm she inherits. There are also cases where the manager does address the poor performance of an individual, only to be publically chastised by a councilmember for various reasons. How should the manager handle him - or herself during the meeting if it ap- pears a decision by the council will be made that will have a negative impact on the community? Elected officials need to let the new manager know when and how their individual interjections at public meetings should be handled. Should the new manager sit silent on an issue or offer amendments, suggest caution, or voice outright objection? Who should give the manager direction and when? There is often confusion as to who should be giving the new manager direction. Managers icma.org/pm: online and mobile accessible know they act on directives given by the majority of the council at public meetings; however, managers are also routinely given additional directives by individual elected officials. Many of them want that special relationship with the manager, not realizing that their "suggestions" sound a lot like directives. This behavior needs to be discussed and defined up front so the new manager can maneuver quickly through those moments with clear authority to place items on the agenda or say no to directives with the backing of the council. What are the top three to five priori- ties elected officials want the manager to work on during the first 6 to 12 months, and what will success look like? The new manager who can get clear direction on objectives from elected officials has the best chance for im- mediate success. Without this, the new manager is either guessing and taking chances, or waiting for clarity to come sometime in the future. This wastes time and can give the impression that the new manager is weak and ineffective. How will the council "ordain" the new manager as its trusted partner? Councilmembers need to make it clear in no uncertain terms that they are 100 percent behind and in partnership with the new manager. Research revealed that those who go around the manager to other staff for information, or check up on the new manager with staff, undermine the new manager's author- ity and make his or her new job much more difficult. This is especially true when change is needed and there is resistance. Staff may JULY 2014 1 PUBLIC MANAGEMENT 1 7 Information with the council onboarding session should be shared openly with staff. The data shared will provide clarity to staff on the manager's support from the council and its position on managing the community. sense they can control the manager by going to "their" councilmember. During the onboarding meeting, the council must be made aware that it can only hold the manager accountable if all members give the manager the authority to manage. Onboarding with Staff New managers need to be aware of the general discomfort employees feel when a new boss arrives. In every onboarding survey this author has conducted, ques- tioned employees responded with fear that the new boss would micromanage them or handle change poorly. Onboard- ing with staff can eliminate a great deal of the experiential research needed by the new manager as he or she learns the new culture, needs, and expectations of new reports. Information with the council onboard- ing session should be shared openly with staff. The data shared will provide clarity to staff on the manager's support from the council and its position on managing the community. Here are some of the questions that managers should discuss at the onboarding session with staff: What are the immediate changes you would like to see at city hall? It is important not to promise things during the discussion, but it is helpful to have perspective on what constitutes key needs. The answers here will help the new manager to assess where tension exists and to test the urgency and needed pace for changes. New managers who are successful at implementing the changes communicate often and clearly the need for the change, the process that will be taken including timelines, and the outcomes anticipated. What type of relationship do you expect to have with the new manager? Staff members, like the elected officials, bring a variety of personalities and expectations on relationships. Some anticipate a strictly professional rela- tionship, others want to be friends, and others are flexible either way. Here the manager can express his or her comfort level while being mindful of the culture and the style of the previous manager. What should you do if you disagree with me? This is an opportunity to establish communication protocols when it comes to debate. Some manag- ers encourage open disagreement to fully vet new ideas, while others want some public restraint and subtlety. The important lesson learned by new managers here is, without this discus- sion, staff doesn't know. The self -determined and confident will speak up and the reflective -minded members may stay silent. If the new manager wants feedback, he or she needs to give staff permission as well as a process for doing so. Then, it is important to thank people for their input and perspective. What are the organization's espoused and lived values? It is nice to know what the organization's culture is. Maybe it is family friendly and the staff is used to being let go early to attend a soccer game or school play. Maybe the organization talks about the "team" but doesn't live it. The onboarding session provides the manager with the opportunity to learn what works, where the pain is, and what the values are and how those translate to the management philosophy and expectations. If you are not doing what is expected of you, you expect me to ? This finish -the -sentence question places the expectation bar back on the staff. It introduces a shared sense of responsibil- ity moving forward. The manager can take the discussion as an opportunity to express standards for performance, goals, reviews, and employee development. Staff may also want to consider ad- ditional questions during the onboarding process, including: • What are you most hopeful for with a new manager? • What are your biggest concerns about having a new manager? • What are some descriptions you would use to describe the team you would like to have? • If you are directed by a councilmem- ber to do work, what will you do or have you done in response? Taking the time to develop a well - thought -out game plan for onboarding will help ensure that new managers start off on the right foot, as they endeavor to work with elected officials and staff in leading their community organizations to accomplish key objectives. PA ENDNOTE 1 Wells, S.J. (2005, March). "Diving in:' HR Magazine, 54-57. RICHARD FURSMAN, Ed.D., is president, Brimeyer Fursman Organization Development, Maple- wood, Minnesota (richardfursman@ gmail.com; www.Brimgroup.com). 1 8 PUBLIC MANAGEMENT 1 JULY 2014 icma.org/pm To: City of Stillwater From: Dr. Richard Fursman, Ed.D. President of Brimeyer Fursman llc. Subj: Executive Search Process outline Brief The following outlines briefly the services we can provide to help you through the process. Phase I: Development of a Position Profile 1 week 1. Development of a Position Profile 1 week A Position Profile illustrates the organization and describes the basic responsibilities and duties of the position, reporting relationships, education requirements, and experience necessary for satisfactory performance. The Profile serves as a consensus document for the organization and as a recruiting tool to interest candidates in the position. Typical Activities: • Individual meetings with Mayor and Council, staff and other interested parties Phase II: Recruit and Evaluate Candidates: 7 Weeks 2. Location and Recruitment of Candidates We conduct a comprehensive program to identify and recruit candidates from comparable organizations that have appropriate backgrounds and areas of knowledge. 3. Evaluation and Comparison After the recruiting process is completed: • Assess each applicants qualifications/accomplishments/suitability for the position • Narrow the initial list of potential candidates to 20, and then meet the candidates for a one-to-one conversation 4. Progress Report (3 weeks following the close of applications) • We highlight o Education and work history o Accomplishments and growth potential o Strengths and possible limitations • We meet with you to review the candidates (10 most qualified) in detail. o You select the finalist candidates to interview (usually 5) o Finalize schedule for interviews and determine interview events Phase III: Credential and Background Checks and Interview Preparations: 4 Weeks 5. Background: Conduct reference checks and verify the credentials of finalist candidates by checking education, criminal, and credit data 6. Interviews and Selection: We coordinate all aspects of the interview process from writing questions to scheduling, to helping with the negotiations 7. Negotiations: One of our most essential services is our participation in employment negotiations to secure the desired candidate Phase IV: Post Hire 8. New Hire Starts: Usually starts 30-45 days after offer, depending on the circumstances of the individual. 8.1 Onboarding: Assisting the City and new Administrator begin the transition together. 9. Performance Evaluation: We will assist in conducting a performance evaluation after six months of employment. CITY MANAGER The City of Victoria is seeking a strong, visionary, and personable leader to be their next City Manager. The Manager sought will be an motivational team builder who can develop people and manage upwards. Victoria is a beautiful community known as the City of Lakes and Parks. The City of over 8,000 is on the west- ern edge of the Twin Cities Metropolitan area, located in Carver County. All the amenities of Downtown Minne- apolis and St. Paul are within a 45 minutes of Victoria, making for an easy commute for work or special occa- sions. In the City of Victoria, the lakes, woods, rolling hills, parks, trails, and many other amenities has led to strong residential growth, even during the recession and housing crisis that stalled growth in many communi- ties. Victoria's leadership remains fiscally conservative while being focused on the future of the City. Using strategic investments in infrastructure, the city council has opened areas of the City for residential and commercial growth for years to come. The City is poised for commercial development and is actively seeking interested de- velopers who will bring quality development to the City. Community The City of Victoria is known primarily as a bedroom community of the Twin Cit- ies. Many young families have been building new homes and moving into the City over the past decade, doubling the population. Recreation Amenities include a fitness center, gym- nasium with two full courts, ice rinks, and a walking track. Victoria also has an attractive, welcom- ing commercial center with a mix of old and new buildings. Additional commer- cial building is hoped for as the City looks to diversify the tax base and bring more services to the community. The City also has several community parks and is adjacent to the Three Riv- ers Park Districts 3,000 acre Carver Regional Park and borders the re- nowned University of Minnesota Land- scape Arboretum. Victoria youth are served by the Eastern Carver County Schools, Minnetonka, and Waconia School Districts. All three districts have outstanding reputations and provide Victoria with abundant pro- graming. The City is also home to Holy Family Catholic High School, which opened in 2000. From downtown Victoria, outdoor enthu- siasts enjoy walking, jogging, and biking on the Lake Minnetonka Regional Trail, leading all the way to downtown Minne- apolis. Victoria also has numerous trails within the city that connect many of the neighborhoods. The Organization Victoria is led by Mayor Tom O'Connor and Council Members Lani Basa, Jim Crowley, Joe Pavelko and Tom Strigel. Several standing committees and commissions provide the City with the expertise and experience of those who live and work in the City. The advisory groups include the Finance Committee, Park and Recreation Committee, Planning Commission and the Victoria fora Life Time Committee. Current Projects: • Construction of a new City Hall/Library (Completion expected late 2014). • Construction of a new Public Works Facili- ty (Completion expected Fall 2014). • Working through a lawsuit filed impacting the City • Pay for performance plan. • Strong Residential building The City Manager guides the directives of the council through the departments of Administration, Community Development and Planning Director (currently vacant), Finance, Fire, Parks and Recreation and Public Works. The City contracts for police and legal services through Carver County. New City Hall and Library -Opens Fall 2014 Parks: Natural beauty and parks with recreation facilities and activities are the defining features of Victoria. The Victoria Recreation Center is a true gathering place for the community. Organization Culture The organization is cross -functional and lean; keeping the budget at near zero - growth during the recession. Employees are stretched and the work environment has been challenging. They are looking forward to having a leader who can bring the team together and prepare for the next phase of the community's growth. Budgets: 2014 • General Fund Budget - $4.0 Million. • Enterprise - $2.3 million • Recreation Center : $1 million. The Position Background and Experience Responsibilities The City Manager is the chief adminis- trative officer of the City. The role of City Manager is to develop and imple- ment overall operating policies, proce- dures and protocols consistent with directives of the City Council that will meet the strategic, operational and cap- ital needs of Victoria and help ensure ongoing financial stability and opera- tional efficiency for all City operations and services. Essential Functions of the Position: • Develop and implement changes in organizational structure to ensure effective utilization of personnel. • Direct all personnel matters. • Serve and actively participate as a leader/ member of the management team. • Ensure the effective management of the City's financial affairs. • Attend and actively participate in all Council meetings and other meetings with official bodies as directed. • Represent the City in various pro- grams and community activities. • Oversee and coordinate the work of consultants. Position Priorities • Manage the Completion and Occu- pancy of the new City Hall and Public Works Facility. • Continue with the organization review including Staffing issues, Cross - Training, Full-time Fire Chief, pay poli- cies, and procedures. • Build an effective team. • Participate in a strategic planning retreat with the council, establishing priorities and a vision • Become familiar with development history and actively participate in the process for housing and commercial development. • Develop strategy for City owned prop- erty including a 13.5 acre parcel con- sidered for an extension of down- town. • Develop a strategy and communica- tions plan for trash hauling. • Engage residents and business com- munities. • Establish strong working relation- ships with neighboring communities, the County and School Districts. • Working on water infrastructure plans. Position Requirements The ideal candidate will have a Bache- lor's Degree (Master's preferred) in Pub- lic Administration or related degree and a minimum of 5 years of supervisory experience and a proven record of qual- ity leadership as a City Administra- Manager or Assistant in a larger com- munity. The ideal candidate must pos- sess outstanding judgment, manage- ment, communication skills with the ability to think and act strategically. A background with growing and develop- ing communities is also desired. Areas of Strong Emphasis Include: • Solid experience in budgeting as a tool for achieving strategic directions. • Experience building strong relation- ships with the Mayor and Council. • Experience with downtown develop- ment/redevelopment. • Experience with economic develop- ment. • Management functions such as per- formance evaluation, staff develop- ment, and team building. • History of strategic planning and im- plementation. • History of working well with neighbor- ing communities and other units of government. • Experience with comprehensive plan- ning. • Experience successfully leading a city through a significant period of change and growth. • Working knowledge of planning and zoning. • Working knowledge with Public fi- nancing techniques (TIF, bonds, grants, etc.). • Working knowledge of utilities and infrastructure repair and replace- ment. • Demonstrated activities/ participation/leadership in related civic and professional organizations. Out of Town Candidates: The City will reimburse usual and cus- tomary for travel related expenses for out of town candidates coming to Vic- toria for interviews. Candidates will also be provided lodging if needed/ desired. Management Capabilities The City of Victoria is seeking a strong, visionary, and personable leader to be their next City Manager. The Manager sought will be a motivational team builder who can develop people and manage upwards. Management Characteristics and Lead- ership Capabilities Include: • Be a person of the highest integrity; able to build a trusting relationship with the Council, staff, and communi- ty. • Be able to work with the City Council and act as a buffer between Council and staff. • Be personable, possessing excellent communication skills with the ability to facilitate discussions. • Be willing to face conflict and ad- dress problems in a timely manner. • Be able to address issues in a proac- tive manner seeking solutions while seeking input. • Be able to assess the abilities of staff and delegate work for staff to per- form their job functions to the best of their ability. • Be honest, transparent, and not afraid to challenge and hold council accountable for their own roles/ responsibilities. • Be able and confident to make rec- ommendations that are clear and concise. • Possess leadership skills that will help develop a united team, yet take the lead and make difficult decisions when needed. • Be innovative and able to generate plans and then follow-through until completion. • Be able to build an open and trusting relationship with the business corn- munity. Organization Chart City Attorney Victoria Residents CityCouncil City Manager Boards and Commissions Finance Manger City Engineer P&R-PW-VRC Director City Clerk Executive Assistant Community Development Director Fire Chief Police Services Contract PW Superintendent Recreation Supervisor VRCPT Employees Building Official Building Inspector Volunteer Fire Fighters PW Workers PW Seasonal Workers P&R Seasonal Employees Announcement City Manager, Victoria, MN (pop. 8,000). Salary Range: $88,880 - $115,350 The City of Victoria is seeking a strong, visionary, and personable leader to be their next City Manager. The Manager sought will be a motivational team builder who can develop people and manage upwards. The ideal candidate will have a Bachelor's Degree (Master's preferred) in Public Administration or related degree and a minimum of 5 years of supervisory experience and a proven record of quality leadership as a City Administrator/Manager or Assistant in a larger 44 community. The ideal candidate must possess outstanding judgment, management, communication skills with the ability to think and act strategically. A background with growing and developing communities is also desired. Salary Range: $88,880 - $115,350 Timetable August 29, 2014 Deadline for Applications Position profile is available at www.brimgroup.com. Send letter of interest and electronic resume to VictoriaCM@brimgroup.com by August 29, 2014. Finalists selected by council on September 22. Please direct questions to Richard Fursman at richardfursman@gmail.com or (651) 338-2533. September 22, 2014 Present Candidates Selection of finalists TBD 2014 Council Interviews Finalists November, 2014 New City Manager Starts Brimeyei Fursman Executive Search 1 Strategies MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE GRAND GARAGE 324 MAIN STREET SOUTH • SUITE #260 • STILLWATER, MN 55082-5165 TELEPHONE: (651) 439-9464 • FACSIMILE: (651) 439-5641 www.MAGNusoNLAwFIRm.com DAVID T. MAGNUSON CASI R. BUTTS DTMAGNUSON@MAGNUSONLAWFIRM.COM CRB@MAGNUSONLAWFIRM.COM MEMORANDUM TO: Mayor and City Council, and City Staff FROM: David T. Magnuson DATE: October 7, 2014 RE: MN Zephyr — Status Report Since the last meeting we have collected more information, but have not generated action. First, the engines could be scrapped, and that could be done for a nominal amount and within 3 days of giving the order. The firm from Minneapolis and would move in a crane big enough to move the engines on to a heavy haul trailer for transportation to their Minneapolis yard for scrapping. This firm has looked at the trains several times over the last few years and believes that there is no better value than scrap because of rain getting into the diesel engines. They know that each engine weighs 56,000 pounds, with much of that weight being concrete. For that reason, all of the weight does not generate scrap value, they estimate that each engine would generate between $10 -$12,000 in scrap, just about what it would cost to move the engines to Minneapolis. They say: "not a money maker " There is one rather significant barrier. This firm would require that we provide them with title to the engines, or if we can't that we indemnify and hold them harmless from damages. At this point we do not have title, so what is the risk of proceeding. Both Larry and I have talked to Dave Paradeau since the last meeting and also with Ken Bitten of Iowa Pacific Railroad. Ken points out that he has ownership of the engines, based upon a purchase agreement between Iowa Pacific and Dave Paradeau. Bitten claims to have a contract with STS Heavy Hauler, a firm headquartered in Dallas, to move the engines to a rail siding located in Lake Elmo, were the engines would be loaded onto rail cars for hauling to a yard owned by Iowa Pacific Railroad. Ken promised to send me the title information, the contract with STS (provided STS consents to that release) and copies of the agreements between Iowa Pacific and the Union Pacific Railroad (UP) the owner of siding and the tracks at Lake Elmo. Ken talks in terms of days to get the permission from the UP and days to get STS up here from Dallas, but for sure to have the engines moved within a month. So the risk for the City is to dispose of the engines for scrap when they have a greater value to others. Over the last several years we have heard opinions of value ranging from $10,000 per engine to $50,000 per engine. And once the engines are scrapped, any value beyond scrap will be an opinion. Add to the risk, that we enter upon private property and take away private property that has not been abandoned by the owner. While a local government can dispose of nuisances without the payment of compensation, the nature of this nuisance is not based upon public health. Public safety is involved because of people vandalizing and climbing on the engines, but the main reason for City action is the complaints of unsightliness made by residents nearby. For purposes of evaluating risk, it is wise to consider the worst, and that would be paying a plaintiff a high value based upon an appraiser's opinion, plus the cost of defense, and any penalty that could arise for disposing of private property without due process. DTM/jp Respectfully submitted, David T M ; gnuson City Att ey 2 Feb 26 13 03:01p David L Paradeau 561 799 2799 David Paradeau 1 0242 Heronwood Ln. West Palm $eh, FL 33412-1529 FAX p.1 TO: j— 0.DL(--4.;642L s h -F FAX#: 31 ?-re `rte FROM: 1;c2k- r.� FAX#: - � (- 7e - PHONE#: ,,fes e-�, y—66e, i TOTAL PAGES Dave Magnuson From: Ken Bitten <bittenK@IowaPacific.com> Sent: Tuesday, October 07, 2014 4:15 PM To: Dave Magnuson Subject: FW: Locomotives in Stillwater Attachments: Rolling Stock EPA - fully executed.pdf From: Ken Bitten Sent: Tuesday, October 07, 2014 12:53 AM To:'dpmagnuson@magnusonlawfirm.com' Subject: Locomotives in Stillwater As I mentioned on the telephone, my company had executed an agreement to purchase the locomotives with David Paradeau and is in the process of arranging to have them removed. For anyone who has not attempted to move a 125 ton locomotive on the road and coordinate it with the rather complex process of ordering rail cars, this is arduous and complicated process. Recognizing the city's desire to have these locomotives moved, we are expediting this project with all possible haste. I have still not been able to contact our rigger to confirm that he is okay with us releasing you his proposal. Attached is a copy of our sale agreement. I will also forward you some of the information that we sent to Union Pacific in the process of ordering cars in a separate email. I would appreciate it as the specific content of these documents remains confidential. Feel free to call me if you have any additional questions. Thank you. Kenneth Bitten General Manager Heritage Rail Leasing LLC a subsidiary of Iowa Pacific Holdings LLC 410-336-1605 1 Feb 26 13 03:02p David L Paradeau 561 799 2799 p2 ROLLING STOCK EQUIPMENT PURCHASE AGREEMENT This equipment purchase agreement ("Agreement") is made and entered into on this gday of February 2013 by and between the Minnesota Zephyr Ltd. ("Seller") and Heritage Rail Leasing LLC, A subsidiary of Iowa Pacific Holdings LLC. ("Buyer") Witness: Seller owns the railroad passenger cars and locomotives described in Exhibit "A" Roiling Stock Description. attached to and hereby made a part of this Agreement (Cars, locomotives and other property herein collectively referred to as "Roiling.Stock"): Whereas, Buyer is in the business of acquiring, repairing and operating railroad rolling stock. Whereas, Buyer must move Rolling Stock (6) cars from the live rail tracks location in Bayport MN. to Alamosa, Colorado and (2) locomotives from Stillwater MN. to the same. Whereas, seller desires to sell the Rolling Stock to Buyer and Buyer desires to purchase the Roiling Stock from Seller subject to the terms and conditions of this Agreement: Now, therefore, in consideration of the mutual promises and covenants contained herein, the parties hereto, intending to be legally bound, agree as follows: Article 1 - Purchase, Sale, Payment and Closing 1.1 Sales of Rolling Stock. On the Closing Date, as defined in Section A. herein, Seller shall sell, assign, transfer and convey to Buyer, and Buyer shall purchase and acquire from Seller, free and clear of all liens, encumbrances and adverse claims, all of the rolling Stock described in Exhibit "A', on an "as is" basis which is further defined in Section 9.3 herein. 1.2 Purchase Price. The purchase price ("Purchase Price") of the Rolling Stock shall be 5400,000.00 1.2.1 As of the date of this agreement, Buyer has not obtained a firm transportation quote or estimate from the Union Pacific Railroad (UPRR). 12.2 Furthermore, the Buyer has not and is not representing in any manner that it has sufficient cash funds or financial resources to purchase the Roiling Stock from the Seller, and that the Buyer is relying solely upon available future cash_ 1.2.3 Buyer is capable of providing the resources for the movement of the Rolling Stock from the Live Rail location in Bayport MN. and from Stillwater MN. to Alamosa, CO. and in the case that Buyer cannot perform on the acquisition that it will release Seller from any and all options if the Buyer cannot perform in a manner listed in this agreement. Feb 26 13 03:02p David L Paradeau 561 799 2799 p.3 1.3 Purchase Price_ The purchase price ("Purchase Price") of the Rolling Stock shall be $400,000.00 with Mr. Edwin Ellis providing the seller a Personal Guarantee. 1.4 Interest. Buyer shall pay Seller interest at the rate of four percent (4%) annually. Interest rate only shall be paid to Seller each month for One (1) year beginning from the date of this agreement 'tel r+..gwtEsa-r tp e 1ir- k'5o V-- ..-ui~-ruf fM = N1TL-!- ok21. 1.6 Interest. In the event that Seller is not paid the full Purchase Pric dr One year, the interest shall become 6% on the unpaid balance. 1.6 Closing. Closing of the purchase and sale of the Rolling Stock ("Closing") shall automatically occur at the time that the Buyer pays or causes the Seller to be paid the full Purchase Price and interest owed. At the time of Closing Seiler must deliver to Buyer a duly executed Bill of Sale in substantially the form described in Exhibit "0", Rolling Stock Bili of Sale, attached to and hereby made a part of this Agreement. Article 2 - Moving, Delivery and Security of Rolling Stock 2.1 Delivery of Rolling Stock. Seller rnust complete the move and deliver all of the Rolling Stock described in Exhibit "A" except for the #787 and #788 locomotives to Buyer at the Live Tracks Location on or before the day of March 2013 as provided for in this Agreement. 2.2 Seller and Buyer Coordination. Seller and Buyer acknowledge that delivery of the Rolling Stock except the locomotives to the Live Tracks Location by Seller may occur over several days and include individual Cars, or their parts at different times, and that all of the Rolling Stock must travel together during the move_ Seller shall give Buyer written notice describing what Cars, or parts and the time and dates that they are expected to be delivered to the Live Tracks. In the event that any delay or need to advance arrival times or other First Move disruption occurs because of weather conditions or for any other reason, Seller and Buyer shall each use their best efforts to diligently resolve any related problems. Any associated costs shall be borne by the party incurring such costs, including, but not limited to, Buyer's expense for freight car down time, if any. 2.3 Rolling Stock Claims. The Rolling Stock must be free and clear of alt liens, encumbrances and adverse claims. 2.4 First Move. The Seller shall be responsible and pay all of the costs for and related to the First Move from the present location of the Rolling Stock to the Live Tracks Location. The First Move will be carried out by Progressive Rail of Lakeville MN. in which is an appropriately qualified entity to conduct the First Move, and all tie down specifications and clearance specifications for movement on the Union Pacific Railroad From Live Tracks to the Alamosa CO. Understanding that the Buyer completed its Rolling Stock inspections and valuation before the First Move, the Seller shall be responsible for and pay the cost to repair any damage to the Rolling stock or any part thereof that occurs during the First Move. 2.6 Delivery. On completion of the First Move, the Rolling Stock shall be delivered by the Seller to the Buyer and Buyer shall take possession of the Rolling Stock at the Live Tracks Location at the Arrival Times described. Such delivery shall be after the Seller has placed all of the Rolling Stock on flatbed rail cars in compliance with all of the requirements of the freight railroads that will participate in the Second Move at which time the Seller and Buyer shall execute a receipt in substantially the form described in Exhibit "8", Rolling Stock Delivery Acknowledgement attached to and made part of this Agreement. Feb 26 13 03:03p David L Paradeau 561 799 2799 p.4 2.7 Second Move. The Buyer shall make all required arrangements and pay for the delivery of required flatbed cars to the Live Tracks Location or otherwise finalize necessary arrangements with freight railroads that will transport the Rolling Stock during the second Move. The Buyer shall be responsible for any and pay all of the cost for and related to the Second Move, from the Live Tracks Location, Buyer is also responsible for all costs related to the movement of the Locomotives in Stillwater, MN. in June 2013 unless required by a change of control of the property at 601 North Main Street, Stillwater MN. 2.8. Buyer shall do everything reasonable and possible to at all times ensure that the Rolling Stock is protected and secured to prevent vandalism and damage. 2.8.1 At the end of the Second Move the Rolling Stock may first be located ata secure temporary location to be paid for by the Buyer, where an additional inspection will be carried out by the Buyer. All of the Roiling Stock shall be kept at the same location unless otherwise first approved in writing by the Seller, such approval to not be unreasonably withheld. Article 3 - Insurance 3.1 Seller's Responsibility. Seller shall be responsible for and pay the cost of liability and Rolling Stock damage Insurance, including deductible amounts, until the Delivery Time. 3.2 Buyer's Responsibility_ Buyer shall be responsible and pay the cost of liability and Rolling Stock damage insurance, including deductible amounts, after the Delivery Time_ Seller and David Paradeau as an individual shall be included as named insured's on such insurance policy. Proof of insurance shall be delivered to Seller by Buyer before the Delivery Time. Article 4 - Rolling Stock Repairs 4,1 Car Repairs. After the Rolling Stock arrives at the end of the Second Move, Buyer shalt carry out repair work to the Cars to make them compliant, repair structural defects, and replace inferior parts and to convert the interiors into upscale, high quality dining configurations for service. 4.1.1 To comply with other concerns; and to the Seller's advantage, repair work will be carried out in a scheduled manner intended to maintain or improve the collateral value of Cars as the work proceeds while avoiding diminished Car values arising because Cars may be disassembled. Buyer shall advise Seller in writing of the name of Cars before repair work begins_ Buyer will not carry out repair work that requires dismantling of other Cars unless first approved in writing by Seller to allow Buyer to more economically perform related repair work, such approval to not be unreasonably withheld. 4.1.2 Buyer may begin repair work before full payment is received, in this event Buyer shall pay for the cost Feb 26 13 03:03p David L Paradeau 561 799 2799 p.5 Article 5 - No Claims or Charges against Rolling Stock 5.1 Storage Charges and Related Releases 5.1.1 Buyer must not permit any storage charges or repairs costs to accrue against the Roiling Stock. 5.1.2 If Buyer subsequently wants to move Rolling Stock to some other location, Seller must first approve such move in writing, which shall not be unreasonably withheld. Buyer shall pay the costs for all such moves. 5.1.3 The releases from storage charges provided Seller, as described in Sections above, shall include the right for Seller to keep the Rolling Stock at such locations for up to twelve months from the date of a default without storage charges, after 12 months costs will not exceed $20.00 per Car per month in the event that Seller takes possession of the Rolling Stock as provided for in Section 7.2 herein. 5.2 No Liens or Claims against Rolling Stock 5.2.1 Prior to incurring any potential debt to persons working on or suppliers of parts and services related to repair work on the Rolling Stock, Buyer must cause such personnel and suppliers to acknowledge in writing that they have no right to make any claims or liens against the Rolling Stock for any reason whatsoever. 5.2.2 Printed notices shall be posted on each Car advising any and all persons that the provision of goods or services to or for a Car does not entitle them to and that they are providing their services with the understanding that they have no rights to any claim or lien against Cars. Article 6 - Seller's Additional Rights 6.1 Ownership of Rolling Stock. Until the Closing Date, Seller shall retain title to the Rolling Stock. On the Closing Date Seller must transfer and Buyer shall acquire title to the Rolling Stock free of any and all claims or liens as provided in the Agreement. 6.2 Repossession of Rolling Stock_ In the event of a material default by Buyer of the terms of this Agreement, Seller shall have the right to take possession of and move Rolling Stock as Seller deems appropriate. in this event Seller shall become responsible for placing and payment of all insurance for and on the Rolling Stock and Seller shall have no financial or other obligation to Buyer except as expressly provided for in this Agreement 6.3 Seller's Access. Seller shall have access to the Rolling Stock at any time during normal business hours. 6.4 Uniform commercial Code. Buyer hereby authorizes Seller. as its agent, to execute and file in the name of buyer a precautionary uniform Commercial Code statement in such jurisdictions as Seller my determine showing Seller's ownership of a title to the Rolling Stock pending payment by Buyer of the balance of the Purchase price owed to Seller less amounts paid by Buyer to date. Feb 26 13 03:03p David L Paradeau Article 7 - Buyer's Additional Rights 561 799 2799 p.6 7.1 Increased Car Value. If the Seller takes possession of the Rolling Stock as provided for in Section 6.2 herein, repair work that Buyer has completed on Cars will have increased their market value. If the Buyer does not exercise its right to pay Seller within ninety (90) days as provided for in Section 7.2 herein, Seller shall not have to reimburse Buyer for the cost of such repair work and Seller can assume all of the benefits arising out of the increased Car values with no further obligation to Buyer. 7.2 Buyer's Right to Remedy. As consideration for the rights of Seller to assume all of the benefits arising out of the increased Car values, as described in Section 7.1, in the event that Seller takes possession of the Rolling Stock as provided for in Section 6.2 herein, Buyer shall, for a period of ninety (f38, -clays 1.',0(.57,1 starting on the date that Seller has the right to take possession of the Rolling Stock, have the right to pay Seller the balance of the Purchase Price owed to Seller ("Buyer's Payment"), plus reasonable costs that Seller incurred to take possession of and subsequently care for the Rolling Stock_ Upon receipt of such payment, Seller shall transfer possession of and title to the Rolling Stock to Buyer as provided for on the Closing Date as defined in this Agreement 7.3 Seller's Costs. if the Seller's Possession Costs cannot be adequately calculated by Seiler at the time that the Buyer's Payment is made, the period of time that Buyer has to make the Buyer's Payment shall be extended beyond sixty (60) days until five (5) days after the Seller is able to provide Buyer with an accurate list of the Seller's Costs_ Article 8 - Representations and Warranties 8.1 Seller's Representations and Warranties. Seller hereby represents and warrants to and covenants with Buyer as follows: 8.1.1 Seller is a corporation, duly organized, validly existing and in good standing under the laws of the State of Minnesota. The execution, delivery and performance of this Agreement by Seiler has been duly authorized by all necessary corporate and other action; and no further corporate or other action is necessary for Seller to execute and deliver this Agreement and to consummate and perform its obligations hereunder. 8.1.2 Seller has all requisite power and authority to enter into this Agreement and to perform its obligations hereunder. This Agreement has been duly executed and delivered by or on behalf of Seller and constitutes the legal, valid and binding obligation of Seller, enforceable against Seller in accordance with its terms. 8.1.3 Except as otherwise provided for in Exhibit "E", Description and Disposition of Pending Matters and Claims, attached to and hereby made a part of this Agreement, this Agreement becomes effective on the above written date and Seller has good and marketable title to, and is the owner of the Rolling Stock. 8.1.4 Seller is not presently involved in any activity or outstanding dispute with any taxing authority as to the amount of any taxes due on or related to the Rollin° Stock, nor has Seller Feb 26 13 03:04p David L Paradeau 561 799 2799 p.7 received any notice of any deficiency, credit or other indication of deficiency from any taxing authority, 8.1. As provided for in this agreement, the Seller accepts and is responsible for costs related to any and all Toss, destruction or damage to any or all of the Rolling Stock or parts thereof from any cause whatsoever shall be borne by the Seller until the Delivery Time. 8.2 Buyer's Representations and Warranties. Buyer hereby represents and warrants to and covenants with Seller as follows: 8.2.1 Buyer is a corporation, duly organized, validly existing and in good standing, the execution. delivery and performance of this Agreement by Buyer has been duly authorized by all necessary corporate and other action; and no further corporate or other action is necessary for Buyer to execute and deliver this Agreement and to consummate and perform its obligations hereunder. 8.2.2 Buyer has all requisite power and authority to enter into this Agreement and to perform its obligations hereunder. This Agreement has been duly executed and delivered on behalf of Buyer and constitutes the legal, valid and binding obligation of Buyer, enforceable against Buyer in accordance with its terms. 8.2.3 As provided for in this Agreement, the Buyer accepts and is responsible for costs related to any and alt loss, destruction or damage to any or all of the Rolling Stock or parts thereof from any cause whatsoever shall be borne by the Buyer after the Delivery Time. 8.2.4 Until the Closing Date Buyer shall at its expense defend Seller's right to ownership of the Rolling Stock and shall indemnify Seller against any loss, damages or costs arising because of any claims. levies, Gens or attachments on or against the Rolling Stock that are in any way whatsoever related to Buyer's purchase of the Rolling Stock pursuant to this Agreement. Article 9 - Certain Covenants of the Parties 9.1 Registrations, Filings and Consents. If and as required, Seller shall cooperate in good faith, at Buyer's request, to make at registrations, filings, and applications and to give all notices and to obtain all governmental, railroad company and other consents, transfers, approvals, orders. qualifications and waivers necessary or desirable for the consummation of the transactions contemplated hereby or which may thereafter be reasonably necessary or desirable to effect the sale of the Rolling Stock. 9.2 Further Assurances. Seller agrees from time to time, whether at and after the Closing Date, to execute and deliver, and shall cause its affiliates to execute and deliver, such further instruments of conveyance and transfer and take such other action as Buyer may reasonably request in order to more effectively convey and transfer title and ownership of the Rolling Stock to Buyer. 9.3 Disclaimer, Limitation of Remedies. Unless otherwise expressly agreed to herein or otherwise in writing, the parties agree that the Rolling Stock sold, conveyed, transferred and assigned hereby is sold and conveyed on an "as is" basis and that the implied warranties of merchantability and fitness for a particular purpose and all other warranties, express or implied are excluded from this transaction and shall not apply to the Rolling Stock except as otherwise expressly agreed to in writing. Seller shall not be liable for any incidental Feb 26 13 03;04p David L Paradeau 561 799 2799 p.8 special, indirect or consequential damages, including but not limited to, loss of use of the Rolling Stock or loss of profits incurred by Buyer in connection with or relating to the purchase of the rolling Stock pursuant to this Agreement. The parties agree that, to the extent required by law, the disclaimers contained herein are "conspicuous" disclaimers for the purpose of any law, rule or order. 9.4 Arbitration. Any dispute relating to the interpretation or performance of this Agreement shall be resolved at the request of either party through binding arbitration. Arbitration shall be conducted in Hennepin County, MN in accordance with the then -existing rules of the American Arbitration Association. Judgment upon any award by the arbitrators may be entered by any state or federal court having jurisdiction. Seller and Buyer intend that this Agreement to arbitrate be irrevocable. 9,5 Buyer's Defense of Seller's Ownership. Until the Closing Date Buyer at its expense shall defend Seller's right to ownership in the Rolling Stock against and shall indemnify Seller against any loss, damages or costs arising because of any claims, levies, liens or attachments on or against the Rolling Stock. 9.6 Buyer's Indemnification of Seller. Buyer shall Indemnify Seller and David Paradeau against and hold them harmless from any and all claims, actions, suits, proceedings, costs, damages and liabilities, including reasonable attomey's fees and costs, paid or incurred, arising out of, connected with, or resulting from the acquisition of the Rolling Stock by Buyer. The use or occupancy of the Rolling Stock by Buyer or any person authorized by Buyer to use or occupy Cars, including, but not limited to Buyer's agents, contractors, employees, customers, suppliers or invitees; Any default by Buyer in the performance of any of its obligations related to the acquisition of the Rolling Stock and, the carelessness, negligence or improper conduct of Buyer or any of its agents, contractors, customers, suppliers or invitees. Article 10 - Miscellaneous 10.1 Survival of Representations, Warranties and Agreements. The representations, warranties, covenants and agreements made in this Agreement. exhibits to this Agreement, or in any certificate or instrument delivered in connection herewith shall be in full force and effect notwithstanding any investigation made by or disclosure made to any party hereto, whether before or after the date hereof, and shall survive Closing and continue to be applicable and binding thereafter. 10.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 10.3 Entire Agreement. This Agreement, including any exhibits, contains the entire agreement and understanding between the parties hereto, and supersedes any and all prior agreements, arrangements and understandings, relating to the subject matter hereof. There are no written or oral agreements, understandings, representations or warranties between the parties other than those set forth or referred to in this Agreement. No supplement, amendment, alteration, modification or waiver of this Agreement shall be binding unless consented to in writing by Buyer and Seller. 10.4 Delay is Not a Waiver. No failure or delay by either party in exercising any right, power or remedy under this Agreement, except as specifically provided herein, shall operate as a waiver of any such right, power or remedy. Feb 26 13 03:04p David L Paradeau 561 799 2799 119 1 G.5 Expenses. Each party hereto shalt separately bear the expenses incurred by it in connection with this Agreement and in connection with all things required to be done by it hereunder. 10.6 Notices. Ali notices or other communications required or permitted hereunder must be in writing and shall be deemed given when delivered personally, by courier when a delivery receipt is required, or on the fifth (5th) day after being mailed by registered or certified mail. postage prepaid, addressed as follows: To Seiler_ David L. Paradeau, Minnesota Zephyr Ltd., 10242 Heronwood Lane. West Palm Beach. Florida 33412. To Buyer: Heritage Rail Leasing LLC. -2-1-3 South Cli ton Street Suite 400 Chicago. Illinois 60661. I ✓fir. Any party may change its address for receiving noti by giving written notice of such change to the other party in accordance with provisions of this Section of this Agreement. 10.7 Seller's Written Approval. Approvals in writing by Seller and Buyerrequired in this Agreement can be by emails from the Seller, David L Paradeau: zephyrmn@aol.co • by emails from the Buyers email addresses bittenk W,iowapacific.com and towapacific.con��' e Ise 10.8 Successors and Assigns. This Agreement shall be binding upon inure to the benefit of the parties hereto and their respective successors and assigns: provided, hswever, this Agreement may not be assigned by either party without the written consent of the other, which consent shall not be unreasonably withheld; further provided that Buyer may assign this Agreement to a controlled entity at any time without the consent of the Seller. but such assignment shall not relieve Buyer from its obligations hereunder. 10.9 Parties in interest Nothing in this Agreement shall entitle any party other than Buyer or Seller to any claim, cause of action. remedy or right of any kind. 10.10 Waiver. No waiver of any term, provision or condition of this Agreement shall be effective unless in writing. signed by the party against which such waiver is sought to be enforced, and no such waiver shall be deemed to be or construed as a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement, unless specifically so stated in such written waiver. 10.11 Severability. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance (other than a term, covenant, condition or application which affects the essence of the Agreement) shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant or condition to those persons or circumstances other than those as to which it has been held invalid or unenforceable, shall not be affected thereby, and any and all other terms, covenants and conditions of the Agreement shall be valid and enforceable to the fullest extent permitted by law. 10.12 Headings_ The titles and headings of the various sections in this Agreement are intended solely for convenience of reference and are not intended for any other purpose whatsoever, or to explain, modify or place any construction on upon or any of the provisions of this Agreement. Feb 26 13 03:05p David L Paradeau 561 799 2799 p.10 10.13 Counterparts. This Agreement may be executed in multiple counterparts, anyone of which shall be considered an original, but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed and delivered by their authorized representatives on the date first above written. Seller -Min js ota Zephyr Ltd: By David Paradeau, It's President Buyer --- Heritage Rail Leasing LLC Signature: i%— Signature: EXHIBIT "A" TO THE ROLLING STOCK EQUIPMENT PURCHASE AGREEMENT ROLLING STOCK DESCRIPTION Pursuant to provisions of the Agreement to which this Exhibit is attached and made a part of Minnesota Zephyr Ltd. ("Seller") is selling and Heritage Rail Leasing LLC. ("Buyer") is purchasing the following railroad passenger Cars, Engines and other property (herein collectively referred to as "Rolling Stock' The St. Croix, a 1/3 dome Car. The Grand dome, a 3/4 dome Car_ Lakewinds, a coach car in dining table car configuration. Nothernwinds, a coach car in dining table car configuration. Stillwater, a coach car in dining table car configuration. A baggage car with a caterpillar 365 KW diesel electrical generator. Locomotive #787 Locomotive #788 All spare and other parts, equipment and devices and Shore power system removed by the buyer, The Shore power enables the Rolling Stock to be connected to normal off train electrical sources, and related information (collectively referred to as "Parts"). including the tables and chairs presently located inside the cars. Seller: David L. Paradeau Signature Feb 26 13 03:05p David L Paradeau 561 799 2799 p.11 Buyer Heritage Rail Leasing LLC Signature EXHIBIT "B" TO THE ROLLING STOCK EQUIPMENT PURCHASE AGREEMENT ROLLING STOCK DELIVERY ACKNOWLEDGEMENT As provide for in section 2.1 of the Rolling Stock Equipment Purchase Agreement ("Agreement") by and between Minnesota Zephyr Ltd ("Seller") and ("Buyer"), to which this Exhibit is attached and made a part of, Seiler and Buyer hereby acknowledge that the Delivery Time is a follows: Date: The day of Time: 2013 This Rolling Stock Delivery Acknowledgement may be signed by authorized representative of Seller and Buyer as they have first been identified by email or other written communication from each of the parties to the other. Date: , 2013 Minnesota Zephyr Ltd: representative By: Buyer: Heritage Rail Leasing LLC. Signature: Signature: Its authorized Feb 26 13 03:06p David L Paradeau 561 799 2799 p.12 EXHIBIT "C" TO THE ROLLING STOCK EQUIPMENT PURCHASE AGREEMENT INSURANCE CLAIM DETAILS Date: , 2013 Seller -Minnesota Zephyr Ltd: By David Paradeau, It's President Signature: EXHI BIT "0" TO THE ROLLING STOCK EQUIPMENT PURCHASE AGREEMENT ROLLING STOCK BILL OF SALE KNOW ALL PERSONS BY THSESE PRESENTS; Minnesota Zephyr Ltd. ("Seller), in consideration of good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, does hereby sell, assign, transfer and set over to ("Buyer"), ail of Seller's right, title and interest in and to the railroad cars, locomotives and other tangible property described below ("collectively referred to as the "Rolling Stock"). Seller hereby represents and warrants to Buyer that Seller is the absolute owner of the Rolling Stock and that Seller has full right, power and authority to sell the Rolling Stock free and clear of all liens, charges and encumbrances and to make this Bill of Sale. The parties agree that the Rolling Stock sold, conveyed. transferred and assigned hereby is sold and conveyed on an "as is` basis and that the implied warranties of merchantability and fitness for a particular purpose and all other' warranties, express or implied are excluded from this transaction and shall not apply to the Rolling Stock. Unless otherwise expressly agree to in writing, Buyer acknowledges that Seller shall not be liable far any incidental, special, indirect or consequential damages, including but not limited to, loss of use of the Rolling Stock or loss of profits incurred by Buyer in connection with or relating to the purchase of the Rolling Stock pursuant to this Bill of Sale. The parties agree that, to the extent required by law, the disclaimer contained herein is "conspicuous" disclaimers for the purpose of any law, rule or order. IN WITNESS WHEREOF, Seller has caused this Bill of Sale to be duly executed by its officer thereunto duly authorized this clay of 2013. Feb 26 13 03:06p David L Paradeau 561 799 2799 p.13 Minnesota Zephyr Ltd. By: David Paradeau Its President EXHIBIT "E" TO THE ROLLING STOCK EQUIPMENT PURCHASE AGREEMENT DESCRIPTION AND DISPOSITION OF PENDING MATTERS AND CLAIMS As provided for in the Agreement to which this Exhibit is attached and made a part of ("Agreement"), Seller hereby describes requirements that Seller needs to finalize ("Pending Matters"), and/or any and all existing or possible liens, mortgages, security agreements, leases. options, pledges, charges, covenants, conditions, restrictions and other encumbrances and claims of any kind or character whatsoever that Seller has knowledge of or that could arise against any or all Cars, or the Rolling Stock as a whole unit on the date that full payment has been paid. ("Claims"), if any. Claims -Claims, if any, are described below. 1. Possible liens or mortgages. Buyer acknowledges the existence of the above Pending Matters (if any), and the Claims (if any), and has entered into the Agreement based on Seller's assurance that Pending Matters will be finalized within a reasonable period of time and that all of the above Claims shall be settled and no longer exist by the time that the full payment has been made by Buyer as required by and described in the Agreement. Signed this day of 2013. Seiler -Minnesota Zephyr Ltd: By David L. Paradeau, It's President Signature Buyer: Heritage Rail Leasing LLC. Signature RESOLUTION 2014-153 DIRECTING THE PAYMENT OF BILLS BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the bills set forth and itemized on Exhibit "A" totaling $1,011,002.73 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 7th day of October, 2014. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT "A" TO RESOLUTION #2014-153 Page 1 LIST OF BILLS 4 Front LLC Allstate vinyl floor graphic 225.00 Ace Hardware Supplies 86.25 Action Rental Inc. Concrete and mixing trailer 460.00 Adams Dave Reimburse for work boots 154.99 Advanced Sportswear Uniforms and supplies 893.10 AIR Corval Constructors Work on RTUs 2,900.63 Amano McGann Inc Labor 253.00 APWA Chapter dues 130.50 Armor Security Inc. Quarterly Monitoring Service 84.00 Arrow Hockey and Sport Skates 64.62 Aspen Mills Uniforms 397.21 Astleford International Correction of invoice T308101 132.38 Atlas Foundation Company LLC Lowell Park Bathrooms 20,030.00 BCA-CJTE CE courses 115.00 Bells Trucking Inc. 903 2nd St S - Demo Garage 1,500.00 Bells Trucking Inc. Demo Bathrooms 5,500.00 Board of Water Commissioner WAC Charges 2,574.00 Bornt Rich Reimburse for web camera 32.01 Bryan Rock Products Inc. 3/4 with fines 802.06 C. Hassis Snow Removal and Yard Services Yard clean up 908.44 Carbones Pizzeria & Pub Pizza - reserves 165.94 Carquest Auto Parts Auto parts and supplies 117.23 CDW Government Inc. Websence email security 3,450.80 Century College Training course 435.00 Century Link Phone 120.77 Century Power Equipment Parts and supplies 224.26 Clark Dan Custodial service 1,586.25 County Materials Corporation Supplies 1,503.00 Creative Homes Inc 1475 Amundson Ln Grading Escrow Refund 1,500.00 Crosstown Masonry Inc Fire hall 114,000.00 Cub Foods Cake 38.67 Delta Dental Plan of Minnesota AP COBRA Dental 210.50 Discount Steel Inc. Supplies 129.03 ECM Publishers Publications 204.45 Emergency Apparatus Maintenance Repair fire vehicle 948.14 Emergency Automotive Technologies Inc. Repair fire vehicle 12,995.91 Environmental Equipment & Services Gutter brooms 1,260.00 Fastenal Company Parts and supplies 672.61 Fire Safety U.S.A. Supplies 50.50 FleetPride Fitting 686.52 Fury Stillwater Service 84.98 G & K Services Mats 60.48 Galls Uniforms and parka 522.80 Gartner Restaurant Holdings LLC Concession supplies July Aug 2014 2,253.92 GCR Minneapolis Truck Tire Ctr Tires 484.05 Geier Maureen Reimburse for mileage MBPA mtg 52.64 Gopher State One Call Inc. Tickets 536.90 EXHIBIT "A" TO RESOLUTION #2014-153 Government Finance Officers Asso Granicus Inc GS Direct Inc. Hardwood Creek Lumber Inc. HealthSource Solutions Hennepin Technical College Heritage Printing Inc. Holiday Credit Office Hydrocon I- State Truck Center Infratech Inc. J.H. Larson Company Jefferson Fire and Safety Inc. Johnson Glen Kirvida Fire Inc. Kraus -Anderson Laerdal Medical Corporation Lake Country Door LLC Lakeview Hospital Lennar of Minnesota Linner Electric Co. Loffler Companies Inc. Lynsky & Clark Companies M.J. Raleigh Truck Co. MailFinance Inc Mansfield Oil Company Marshall Electric Company Marshall Electric Company McDonough's Waterjetting Menards Meredith Nathan Metropolitan Council Metropolitan Council MHSRC/Range MidAmerica Tech & Enviro MN Dept of Labor and Industry MN Dept of Public Safety MN Dept of Transportation MN Local Technical Assistance Program MN State Colleges & Univ. MN Utilities & Excavating LLC Municipal Emergency Services MWOA NAPA Auto Parts Nardini Fire Equipment Natural Resource Group LLC Network Design Inc. Office Depot Polar Chevrolet Membership Qtrly web streaming service Plot paper Lumber Wellnes program Training course White window envelopes UB stmts Fuel Rebuild catch basins Valve Pipe repair San bowl cleaner 5 Fireaid foam 5 gal pails 900 920 930 Town Cir Grading Escrow Refund Install drive belt on waterous CAFS compressor Construction mgmt services Little Annes Repair 2 doors Legal blood draws Grading Escrow Refund Wire for new service Server, Image runner Developer deposit refund MBM Dev - Fairview C5 and topsoil Folding Machine Lease Fuel Public restrooms Flag pole light Augered slow floor drain in fire dept. Supplies Reimbursements - Seminar Monthly SAC Wastewater charge Class EVOC Law Enforcment Pre -demolition environmental work Boiler license Title App Forfieture Traffis signal maint. Training workshop Heartsaver CPR/AED course card Fire Hall Survivor LED alkaline Nick Chaves and Dave Adams Registration Auto part and supplies Novec system Environmental consulting Installed outdoor cable Office supplies 2015 Chevrolet Silverado 3500 Page 2 190.00 1,053.42 185.86 127.55 540.54 605.00 716.65 43.04 5,980.00 106.50 2,475.00 646.38 533.50 4,500.00 267.00 47,468.00 5,185.95 329.00 150.00 53,500.00 659.95 11, 626.44 1,414.56 471.26 1,182.85 8,701.05 1,194.00 689.00 286.84 329.59 905.61 39,362.40 125,983.61 396.00 2,556.96 6,205.21 20.75 89.20 210.00 105.00 142,500.00 269.85 40.00 652.03 233.00 845.50 380.38 237.85 26,138.60 EXHIBIT "A" TO RESOLUTION #2014-153 Rack Solutions RiedelI Shoes Inc. River Valley Printing Inc. S&T Office Products Safe Assure Consultants Skillpath Seminars Springbrook Software Inc. SRF Consulting Group St. Croix Boat and Packet Co. St. Croix Recreation Co. Stillwater Gazette Stillwater Medical Group Stillwater Motor Company Stillwater Towing Streichers Thompson Linda Thomson Reuters Thul Specialty Contracting Titan Machinery Shakopee Towmaster Tri-State Bobcat Truck Utilities Inc. Turnblad Bill Twin City Fab Inc USAble Life Verizon Wireless Veterans Memorial WalMart Community Washington County License Center Washington County Public Safety Radio WIN -911 Specter Instruments Winnick Supply Wittman Abbi Jo Wulfing David Xcel Energy LIBRARY 1000 Bulbs.com 3M Allen Sheila Baker and Taylor Bell Maureen Blocher Carolyn Brodart Co Brookside Plumbing Inc Cassavante Michele Comcast Goeltl Keri Server cabinet Skates Business cards Office supplies Safety training Managing priorities and deadlines Licenses and permits module Professional services barge terminal Arena billing Smokers stack Newspaper subscription - Fire Dept Immunizations Vehicle service Tow of forfeiture Holster Reimbursements training Info charges Repair manhole interior and pump grout Filters Plow hitch Repair Dumper and scoop for 2015 Chev Reimburse for mileage and parking Sandblast and repaint park bench Term Life Insurance Cell phones & Internet 90% Super Valu USB drives Title 2015 Chevrolet Silverado 3rd Qtr 2014 radio user fee Annual renewal of software maint and support Aluminum and steel Reimbursements K9 boarding Relocate 3 poles new bases conduit and wire Light bulbs 3m sorter Reimburse for mileage Materials Board reimbursements Staff reimbursement Materials Water heater Board reimbursements Telecommunications Staff reimbursements Page 3 933.98 1,103.10 44.00 708.26 3,900.00 31.90 5,720.01 5,851.79 38,057.58 1,150.00 74.00 87.00 23.59 150.00 59.99 140.17 108.11 3,700.00 148.90 2,354.00 584.35 12, 746.00 51.53 870.00 436.80 1,671.71 4,347.00 70.51 1,738.46 4,200.84 395.00 125.10 718.21 60.00 11,000.00 575.63 119, 657.08 20.16 1,935.88 221.85 60.75 3,133.26 5,250.00 44.94 56.90 140.75 EXHIBIT "A" TO RESOLUTION #2014-153 Jacobsen Aurora Linner Electric Co. Master Mechanical Inc. #69 Midwest Tape Office of MN IT Services MN Dept of Labor and Industry MEI Minnesota Elevator Petrie Angela Quill Corporation Toshiba Business Solutions Water Works Irrigation LLC Weston Woods Studios Xcel Energy CREDIT CARDS Library Amazon Joker.com Kowalskis Market Starbucks Tin Bins Wausau Tile Inc Woodbury Heritage Society Ken Harycki Freight House Tom Ballas eReplacement Parts Witmer Public Safety Wolf Marine Larry Hansen AASLH Dept of Labor & Industry Log Meln.com Stuart Glaser Bshifter MN GFOA PlanGrid SEPTEMBER MANUALS Comcast Guest Service MBPTA Xcel Energy Staff reimbursements Quade outlet & water heater Q3 maintenance Materials Telephone Boiler Elevator repair Staff reimbursements General supplies Maintenance Contract Maintenance Materials Energy Materials Technology Event food Staff Recognition Staff Recognition Building Tiles St. Croix Collection Log Jam lunch Front wheel assembly Helmet crescents Fuel Conference and membership Code change seminars Remote access BlueCard Training Acct Lic Extention Training Annual Subscription Internet, voice & cable Training course Seminar IRC transition Energy Page 4 12.00 967.55 947.25 674.89 341.81 10.00 485.76 611.72 259.05 27.12 135.00 295.73 3,804.09 484.56 14.10 98.48 15.00 81.56 642.00 40.00 38.14 10.03 43.92 167.34 770.00 170.00 49.00 1,080.00 30.00 199.99 646.34 167.32 75.00 1,763.82 EXHIBIT "A" TO RESOLUTION #2014-153 Page 5 ADDENDUM BW BR CDW Government Century Link Comcast CoStar Eastman Angela Loffler Low Voltage Integrators Magnuson Law Firm MN Management & Budget MSP Outdoor Services Rack Solutions Ramsey Co Public Health Stender Jeff Ulland Myrna Washington County Attorney Washington County Records Xcel Adopted by the City Council this 7th Day of October, 2014 Professional Service - Fire Hall Rec Center Cameras and other supplies Phone Internet & Voice Property Professional Event Planner Network Support and Telephoy labor Fire larm and installation Professional Service Forfeiture Disbursement Secure property Rack for Rec Center Server Notary registration Replacement of items from theft Refund of utility billing credit balance Forfeiture Disbursement Notary registration Electricity, Gas 44, 646.59 676.63 59.55 319.10 330.23 3,800.40 1,408.75 850.00 7,983.64 542.90 651.00 171.26 20.00 642.11 268.80 1,085.80 40.00 18,058.89 TOTAL 1,011,002.73 Administration TO: Mayor & City Council FROM: Diane Ward, City Clerk DATE: 10/7/2014 RE: 2014 Harvest Fest Summer Tuesdays Inc. has made application for a Special Event Permit to host the Harvest Fest on October 11 & 12. Typically staff estimates costs based on the Special Event application the Organization provides to the City 60 days before the event. From what I understand, some of the services costs for this event will be removed/reduced however costs seem to change up to the date of the event which makes it difficult to estimate costs. As with all events, City Services will be invoiced after the event based on ACTUAL services used. Usually the Organizer is to pay the estimate of costs 3 weeks prior to the event. In this case the Harvest Fest is this weekend and payment should be made no later than October 9, 2014. The known changes at this time are addressed in the contract. The venue that will be used is North Lowell Park. Set up begins at Noon to 6 pm (changed from original application) on Friday, October 10th. There is a wedding in the gazebo on Friday from 3-6 p.m. It was booked last year in October and the organizer was asked about the date before it was booked. If they change the setup time they need to make sure not to interrupt the wedding. The Harvest Festival would be open to the public on Saturday & Sunday from 10 am to 6 p.m. (changed from original application). Tear down would occur from 6 p.m. to 9 p.m. Sunday evening. All parking spots in Lots 4 and 5, will be reserved all day Friday through Sunday and Lot 9 for Saturday only Adjustments were made since Parking Commission review. The lots will be posted by the Police Department for the event on Thursday evening. The organization (CVB) has requested, paid and received approval for a two day Temporary Liquor License, but they are now only holding beer/wine tastings on Saturday from 1-5 p.m., therefore the cost for the 1-4 day license and consumption permit will only be for one day. The City's Special Event Policy requires a police officer when there are over 75 people and alcohol is served or consumed (this includes weddings in our parks, etc.). As discussed with Captain Meredith, 2 police officers will be required for the area (large tent) when alcohol is served for the beer/wine tasting. The fees below are based on what is known at this time, and will be adjusted based on actual costs. Consumption Permit (as required in contract) ($35.00 per day) $35.00 Temporary Liquor License ($25/day) (PAID & Approved) ($50.00) Fee for Parking Lot #4, 5 and 9 $297.00 Park Usage Fee = $500.00 Park Deposit (on file) = ($750.00) Portable Restrooms = (4 X $60.00) $240.00 Electricity (3 outlets @ $20.00 per outlet/per day) $120.00 Water Shutoff Key Deposit (on file) ($50.00) Officers for Alcohol Service (Saturday — 1-5 p.m.) _ $630.96 Cleanup of the Pumpkin Drop by City Crews To Be Determined TOTAL = $1,072.96 It should be noted that Summer Tuesdays Inc. has an outstanding balance of $229.50 (see attached) for their "Summer Tuesdays" Special Event held this summer, however they will be attending the Parks Commission meeting regarding the balance of this invoice at their next meeting. The above items will need to be paid by October 9, 2014 as stated in the contract. ACTION REQUIRED: Review and if Council wishes to approve the event and contract they should pass a motion adopting a resolution entitled "APPROVING THE 2014 HARVEST FESTIVAL SPECIAL EVENT AND CONTRACT' 2014 SUMMER TUESDAYS Every Tuesday July -August 1 electrical box $ 140.00 Parking Lot 5 (7 spaces) $ 73.50 Amphitheater $ 875.00 Plus respective deposits on hold each year Total Prepaid for 7 Tuesdays July 8th, 15th, and 22nd Add'I Parking Lot 4 (29 spaces) Refund Amphitheater fee Total for Changes Due to High Water July 29th, Aug 5th, 12th, 19th 1 additional electrical box Refund Parking Lot 5 (7 spaces) Parking Lot 2 (partial use 26 spaces) Refund Amphitheater fee Total for Relocating to South Lowell Park Total Costs Payment received Balance due $ 130.50 $ (375.00) $ 80.00 $ (42.00) $ 936.00 $ (500.00) $ 1,088.50 $ (244.50) $ 474.00 $ 1,318.00 $ (1,088.50) $ 229.50 APPROVING THE 2014 HARVEST FESTIVAL SPECIAL EVENT AND CONTRACT BE IT RESOLVED, by the City Council of Stillwater, State of Minnesota, that the 2014 Harvest Festival Special Event and Contract are hereby approved and authorize the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 7th day of October, 2014 Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk 2014 HARVEST FEST & GIANT PUMPKIN WEIGH -OFF AGREEMENT THIS AGREEMENT is made this day of October 2014, between the CITY OF STILLWATER, Washington County, Minnesota ("City), and SUMMER TUESDAYS, INC., a Minnesota non-profit corporation and the STILLWATER CONVENTION VISITORS BUREAU a 501c Non -Profit, ("Organizer") 1. Harvest Fest & Giant Pumpkin Weigh -Off. The City has encouraged Harvest Fest & Giant Pumpkin Weigh -Off ("Event") in order to foster and promote tourism and encourage commerce that will ultimately increase property values and the quality of life within the City. 2. Dates and Hours of Event. Operations are limited as follows: Setup: Friday, October 10 — Noon — 6:00 p.m. Event: Saturday, October 11 — 10:00 a.m. — 6:00 p.m. Sunday, October 12 — 10:00 a.m. — 6:00 p.m. Cleanup: Sunday, October 13 — 6:00 p.m. — 9:00 p.m. 3. Event/Alcohol. The Organization has been granted authority to dispense intoxicating Liquor at the Stillwater Harvest Fest. It is the purpose of this Agreement to set forth the terms and conditions that will control the dispensing of Liquor at the Event. Event is holding a beer/wine tasting only on Saturday, October 11, from 1-5 p.m. There will be no actual sale of alcohol during the event. a. The Area. The area where dispensing of Liquor will be permitted in a contained area as advised by the Police Department. b. Fencing. The Area must be securely fenced by the Organization. The fencing must be adequate to insure that alcohol sales and consumption remain inside the fence. A breach of the fence is grounds for the Police Chief to terminate all alcohol sales in the area. The adequacy of exiting in the fence must comply with the Minnesota Code as administered by the City Fire Chief. c. Security. For the purpose of this plan, all Entry/Exit gates to the Area must be controlled by security/police personnel while alcohol is being served. At each of these entry/exit points, a paid professional security guard/police personnel must be in place to insure that no beer or liquor enters or leaves the Area. d. Types. No Liquor is allowed in the Area except that Liquor which is sold by the Organization. The Organization is responsible to see that no other Liquor is brought in the Area. The Organization must not allow bottles, containers or coolers to be brought into the Area. e. Signs. Signage will be prominently displayed at each entry/exit point the number and content of which must be approved by the City Police Chief describing the regulations prohibiting Liquor outside of the Area, as well as prohibition against participants bringing their own Liquor into the Area and the requirement for identification bracelets must be worn to consume alcohol. f. Identification. The Organization will provide at no charge liquor identification bracelets. The Organization will permit no one to consume Liquor unless they are wearing an identification bracelet. The Organization will be responsible for the issuance of bracelets and that the bracelets are given only to those who are legally entitled to consume Liquor. Page 1 of 5 g. Compliance. The Organization shall obtain a temporary liquor license for beer/wine tasting on Saturday, October 11 and also obtain an alcohol consumption permit for the same days with respective fees paid to the City. Prior to opening date of the Stillwater Harvest Fest, the Organization must develop a management policy or program regarding all aspects of alcohol compliance, including the problem of under -age consumer, sales after hours, over -serving and the recognition of false identification. The City Police Chief must approve the policy before implementation. The Organization must train all alcohol servers with regard to the policy, including instruction by a professional recognized in the area of alcohol awareness before the opening date of the Event. h. Inspection. The Organization (CVB) acknowledges that as a liquor license holder for the Celebration, it is subject to Stillwater City Code §43-8, which authorizes that all premises from which intoxicating Liquor is offered at on -sale, are subject to inspection for alcohol compliance by any police officer, health officer, or other designated officer or employee of the City during all hours the Area is open for the serving of alcohol. 4. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 5. Police Power. The City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Organizer will assist the police in the clearing of the Area. 6. Security. Lessee shall confer with the Chief of Police as to the advisability of closing the Levee Road (Lowell Park) and shall hire any security personnel/police personnel the Stillwater Police Chief requires. Should the City have to hire outside agencies, the City will invoice the Organizer for any additional costs. 7. Use of Parking Lots. THE ORGANIZER IS AWARE AND WILL INFORM ALL VENDORS AND EVENT PARTICIPANTS THAT STAKING INTO THE ASPHALT, ETC. IS NOT ALLOWED (ANY DAMAGE REPAIR WILL BE PAID FOR BY THE ORGANIZER). The Event is given use of all spaces in Lot 4 and 5 to be used Friday through Sunday and Lot 9 on Saturday only. The Organizer agrees to pay the City for the use of the parking lot according to the parking space fees designated by the City Council. 8. City Costs. Organizer will prepay the City for the estimated costs of the City Police Department, Public Works Department, and Fire Department estimated as determined by the City Administrator for city services and materials needed to safely conduct and maintain the Event or any supporting activities. The payment of estimated costs and costs incurred at the time of the billing (i.e. neighborhood meeting expenses and/or city equipment) shall be received by the City no later than October 9, 2014. Failure to make the payment will result in the cancellation of the Event. In the event of a cancellation of this Event after the deposit or fees are made, the City will be entitled to deduct actual out of pocket costs incurred in preparation for the Event, before returning the balance to Organizer. 9. City Improvements. The Organizer understands and acknowledges that the City may be completing grading, parking lot improvements and park improvements in the area of the Event and in order to accommodate this construction and staging activities the City reserves the right to which parking lots Page 2 of 5 may be used by the Organizer for this Event to accommodate any City improvements in the Event area. 10. Park Property. The Organizer shall ensure that no vehicles drive on the City's park property. In the event that damages occur to the City's property, the Organizer shall pay for any restoration of the park as determined by the City. 11. Irrigation System in Park Property. Lowell Park is maintained by a buried irrigation system. This system cannot be damaged by stakes or posts that are driven into the ground or by equipment and vehicles running over irrigation heads. For that reason, stakes or posts longer than 12 inches and more than a quarter inch in diameter may not be used in the park. Further, as insurance against damage, a deposit must be made to the City in the amount of $750.00 and any damage to the system will be deducted from the deposit. The balance of the deposit will be returned with 30 days of the conclusion of the Event. 12. City Services. The type and amount of materials needed for the Event will be determined by the Event Coordinator. The Organizer shall be required to provide portable toilets to augment the existing facilities, barricades for street closure, trash removal and electricity for vendors. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. a. Portable Toilets. The number of portable toilets needed is 4, as advised by the Stillwater Public Works Department and be serviced each day of the event, The Organizer shall also stock the existing restroom facilities in Lowell Park and the Pedestrian Plaza Restrooms during the event with supplies provided by the City. If portable toilets are privately contracted, all portable toilets will be removed by the close of business on Monday following the event. In the event that all portable toilets are not removed before the close of business on said Monday, the Organizer will reimburse the City for costs incurred in removing the portable toilets. b. Barricade Placement. The Organizer shall place reflective standard barricades no later than 8:00 a.m. on October 10, 2014 for Lots 4, 5, and 9 at the parking lot entrances as designated by the Public Works Department. This will inform users of the parking lot closure for the Event. c. Trash Enclosures. The Organizer shall furnish dumpsters or roll -off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. d. Electricity and Water. Each electrical box needed for the Event will be opened by the City on October 10, 2014. The Organizer shall be charged for the use of each electrical box according to the permit fee schedule. The Organizer shall obtain a hydrant attachment from the Board of Water Commissioners and pay their respective fee directly to the Board of Water Commissioners (204 3rd Street N, 651-439-6231). 13. The Organizer agrees to submit a user's park fee of $500.00 payable to City at the signing of this contract. Page 3 of 5 14. Vendors. a. The Organizer agrees that any vendors using cooking facilities will be inspected for safety by the Stillwater Fire Department, Washington County Public Health and State Electrical Inspector. b. NO CAMPING. The Organizer agrees to inform any vendors that there is no camping in Lowell Park or any City parking lots. 15. Insurance. The Organizer must provide to the City satisfactory proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims that might be brought against the Event that arise out of the Event's authorized by this Agreement and to name the City as an additional insured on their policy as their interest may appear. 16. Hold Harmless and Indemnify. The Organizer agrees to hold the City harmless and to indemnify and defend the City with regard to any claims, causes of action, or demands that might be brought against the City arising out of the activities in the area. 17. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. IN WITNESS WHEREOF, the parties have set their hands this day of October, 2014. STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this day of appeared the the free act and deed SUMMER TUESDAYS, INC. By: Its: 2014, before me, a Notary Public within and for said County, , to me personally known, who, being duly sworn, did say that he is of the SUMMER TUESDAYS, INC. and that this instrument was signed as of the corporation. Notary Public STILLWATER CONVENTION VISITORS BUREAU By: Its: Page 4 of 5 STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this day of 2014, before me, a Notary Public within and for said County, appeared , to me personally known, who, being duly sworn, did say that he is the of the STILLWATER CONVENTION VISITORS BUREAU. and that this instrument was signed as the free act and deed of the corporation. CITY OF STILLWATER Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk 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 F. Ward, to me personally known, that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed on behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public Page 5 of 5 TNF BIRTHPLACE Of ❑IdAQa01A 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: Once Use Only Date Application Received Type: Event Special Event Event w/ Contract Event Information Title/Name of Event Friday Oct 104 10 Event Date/Time: Set up: Date Time to Actual Event: Date Sat 10am-12pm; Sun 10am- 6pm Time to Clean up: Date Sunday Oct 12 Time 6 to 9 (Events after 10:00 p.m. require a variance from City Council) Location (Address) of Event: North Lowell Park (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) Come see the fruits of the harvest as area growers showcase GIANT PUMPKINS, a "one -ton pumpkin" is not out of the question. fun activities throughout the weekend include a Chili Cook -Off, Beer and Wine Tasting, Kids Costume Parade, a Market, Live Music including Street Dance Saturday Night, the Giant Pumpkin Drop and the Pumpkin Regatta (yes they float, yes they make good boats). More information at HarvestFestStillwater.com Estimated Attendance (participants and spectators): 500-1200 Applicant Information (Person/Group Responsible) Sponsoring Organization Name: Summer Tuesdays Inc. Mailing Address: 101 Water Street City, State, Zip Code: Stillwater, MN 55082 Primary Contact/Applicant Name: Cory Buettner Phone Number: 651 2954725 Fax: -- Cell Phone: .i'.0 Email Address: CoryBuettner@gmail.com Website Address: www.HarvestFestStiltwater.com Name of contact person during event: Cory Buettner Cell Phone: 651 295 4725 Alternate contact during event: Chuck Dougherty Cell Phone: 612 414 0865 Refer media or citizens inquires to: Cory Buettner Phone: 651 295 4725 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 E Yes K4 Number and size: Over Main St; 6-8 in Lowell Park Will there be any inflatables? No E4 Yes III Insurance certificate from rental vendor is required Feesforelectricitymay Will there be entertainment? No ■ Yes FIN What type: Live Music apply see Instructions Will sound amplification be used? No ■ Yes rd Hours and Type: Sat 9am - midnight;iunday 12-5 X 80 Will a stage or tent(s) be set up? No ■ Yes Fi Dimensions:40 Will there be temporary fencing? No ❑ Yes El How many Fees for electricity may Will merchandise/food items be sold.? No IIIYes 20-25 vendors expected: apply see Instructions Will food be prepared on site? No E Yes ii7,4 Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No ❑ Yes contact -Still waterFire Deportment, 351-4950 Will alcohol be served but not sold? No ❑ Yes FI4 See Alcohol Regulations inthelnstructions Will alcohol be sold? No ❑ Yes gi See Alcohol Regulations in the Instructions Will there be a fireworks display? No EN Yes In Permit required, contact Stillwater Fire Department, 651-351-4950 Describe power needs and location of power source, We will need 2 gray boxes (the 2 southem most boxes in lot 5) and the electrical pole (lot 4) e41A-r{' Lof 7 (.....„."/„,,,,, Describe level of advertisement (le, radio, flyers, ads, tv, press release). Attach sample if available Radio, News Papers, Flyers, Press Release, Social Media City Services (After reviewing the event application, City services may be requried for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right-of-way No MIYes P Start/End Time; Fri 4pm Sun Bpm Date: 10/10-10/12 City Sidewalks or Trails No ■ Yes ■ Start/End Time: Date: Public Parking Lots or Spaces No ElYes fi Start/End Time: Fri 4pm Sun Bpm Date: 10/10-10/12 Fees may apply Will event need barricade(s)? No _4 Yes • Number needed: see Instructions Fees may apply Will extra picnic tables be needed? No WYes El Number needed: see Instructions Fees may apply Will portable restrooms be needed? No ■ Yes G! Number needed: see Instructions Fees may apply Will extra trash receptacles be needed? No M Yes ■ Number needed: see Instructions Describe trash removal and cleanup plan during and after event: Trash and Recycling facilities wil be monitored during the event with overflow deposited at Freighthouse, Water Street Innn and Leo's. Will event need traffic control? No *1 Yes • Contact Stillwater Police Department for assistance, 552-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: A temporary fence will be erected to restrict access to areas serving alcohol. Fees may apply See Instructions Will "No Parking Signs" be needed? No F'1 Yes NINumber needed: Show location(s) on site map Will event need security? No ■ Yes if event is overnight security will be required. If using private secruity, list Security Company and Contact Information: Will event need EMS services? No ❑ Yes I•i Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: First aid is readily available at the Water Street Inn Describe the emergency action plan if severe weather should arise: Guest will seek shelter at the Water Street Inn List any other pertinent information: The Pumpkin Regatta will be orchestrated through the Water Safety Officer of the Washington County Sheriff Department. 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, all 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 that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize my submittal of this application request constitutes a contract between myself and the City of Stillw and isa ruse of Liability. Si n r of Applicant or Authorized Agent 8/14/2014 Date Downtown Stillwater Event Venue Vlap Lot 1 — 106 spaces Lot 2 — 84 spaces Lot 3 — 35 spaces Lot 4 — 29 spaces Lot 5 — 7 spaces Lot 6 -- 16 spaces Lot 7 — 16 spaces Lot 8a — 50 spacss Lot 8b — 89 spaces Lot 9 — 30 spaces Lot 10 — 49 spaces Lot 11 — 45 spaces Lot 12 — 85 spaces Lot 13 — 28 spaces Lot 14 — 15 spaces Lot 15 — 20 spaces Lot 16 — 47 spaces Lot 17 — 103 spaces Lot 18 — 53 spaces Lot 19 — 83 spaces Lot 20 — 22 spaces Ramp -- 248 spaces Total = 1,260 spaces Lot 8a reserved for co-op customers PY ? - Kea) •co as Mitt M`1�1e St(Lo UN N co. ',N • r. Stt'eB� -0 z 1 \ o 1 � \ Qi \ Lot 2 \ � 1901.,✓,° fr- -7-,h �- %Zeeyel d4 STAFF REQUEST ITEM Department: Fire Date: October 7, 2014 DESCRIPTION OF REQUEST (Briefly outline what the request is) Council approval to purchase "V" Plow for parking lot snow removal for fire station. 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) This item is budgeted in the construction cost and the City will be reimbursed for the purchase by the construction firm. • Boss 9'2" Power -V XT Steel $ 6,423.00 Total $ 6,423.00 ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Stuart W. Glaser, Fire Chief Date: October 7, 2014 estvv'' oteerY-N 1130 73rd Avenue NE Fridley, MN 55432 CRYSTEEL® (763) 571-1902 1-800-795-1280 TRUCK EQUIPMENT TRUCK EQUIPMENT. PARIS & ACCESSORIES Fax # (763) 571-5091 Highway 60 East Lake Crystal, MN 56055 (507) 726-6041 1-800-722-0588 Fax # (507) 726-2984 www.crysteeltruck.com ,4N 6(014,4L OPPORTL(N/Ty EMPLOYER October 7, 2014 Tom Ballis Stillwater Fire Department 216 4th St N Stillwater, MN 55082 Dear Tom: Crysteel Truck Equipment is Pleased to Submit this Quote for Your Approval. Boss 9' 2" Power- V XT Steel Blade width: 110" (straight) Blade width: 99" (V position) Blade width: 92" (scoop) Blade width: 95" (@30 degree angle) Blade height: 38" at end, 30" at center Blade thickness: 11 gauge steel Cutting edge: '/2" X 6" Hardox Reinforcement ribs: 8 vertical, 2 diagonal Plow shoes: optional Trip springs: 4 Angle cylinders: 1-1/2" X 10" (SmartLock-standard) Lift cylinder: 2" X 1-1/8" X 10" Attachment system: Smart Hitch 2 Plow weight: 842 lbs. Plow lights: SmartLight 2 Plow control: SmartTouch 2 Installed Complete *2012 and newer Dodge add $125.00 for installed price Options: Snow deflector (MSC01565) Plow shoe (3) (MSC01570) Prices reflect municipal discount price Dave Berndt Inside Sales Crysteel Truck Equipment Subject to all applicable taxes Quote valid for 30 days $ 6,016.00 $ 299.00 $ 108.00 01) SS SNOWPLOW MEMORANDUM TO: Mayor and City Council FROM: Larry D. Hansen, City Administrator DATE: September 30, 2014 SUBJECT: Agreement of Assessment & Waiver of Irregularity and Appeal - Adoption of Assessment DISCUSSION: At the July 1, 2014 meeting Council authorized the request to work with the property owner for help in paying for her connection to sanitary sewer as required by Resolution 2005-130 (copy enclosed) which is failing. Since that meeting, she has provided a new quote of $5,870.77 which is actually less than the original quote and indicates that the work will be done in the next few weeks. The property owner has signed an Agreement of Assessment and Waiver of Appeal, therefore a public hearing for the assessment is not required. The cost to be assessed will be $8,455.77, which includes the following: Contractor Quote Metropolitan SAC charge City Sewer Connection Fee $5,870.77 $2,485.00 100.00 The Property Owner/Contractor will pay the following fees upon issuance of the building permit. Contractor License Fee $100.00 Plumbing Permit 49.50 State Surcharge 5.00 Total permit fee: $154.50 RECOMMENDATION: Staff recommends that Council adopt the assessment as stated. ACTION REQUIRED: If Council concurs with the staff recommendation, they should pass a motion adopting a resolution entitled a "RESOLUTION APPROVING AGREEMENT OF ASSESSMENT AND WAIVER OF APPEAL AND ADOPTING ASSESSMENT FOR 2007 SCHULENBERG ALLEY (PARCEL 21.030.20.14.0016)" APPROVAL OF AGREEMENT OF ASSESSMENT AND WAIVER OF IRREGULARITY AND APPEAL AND ADOPTING ASSESSMENT FOR 2007 SCHULENBERG ALLEY (PARCEL 21.030.20.14.0016) WHEREAS, a request by Kristel C. Buck-Ulrick, 2007 Schuelenberg Alley to consider action of the City to hookup sanitary sewer at the Owners' property as a result of septic system failure and WHEREAS, it is proposed to assess the costs against the property of the Owners; and WHEREAS, the Owners agree that a special assessment be spread against their property in ten (10) equal annual installments with interest on the unpaid balance at the rate of 3.5% simple interest per annum. BE IT RESOLVED, by the City Council of Stillwater, MN that the agreement of assessment and waiver of irregularity and appeal agreement between Kristel C. Buck- Ulrick, and the City of Stillwater is hereby approved and authorizes the City Administrator and City Clerk to sign the agreement. BE IT FURTHER RESOLVED, the special assessment of $8,455.77 is hereby adopted that includes: Contractor Quote Metropolitan SAC charge City Sewer Connection Fee $5, 870.70 $2,485.00 $100.00 1. Such assessment shall be payable in equal annual installments extending over a period of ten (10 years, the first of the installments to be payable on or before the first Monday in January 2015, and shall bear interest from the date of the adoption of this assessment resolutions. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2014. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 2. Property owners may at any time prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City of Stillwater Treasurer. NO INTEREST WILL BE CHARGED IF THE ENTIRE ASSESSMENT IS PAID BY NOVEMBER 15, 2014. If the assessment is not paid by November 15, 2014, accrued interest from the date of the adoption of the assessment roll through December 31, 2015 will be added with the first installment due in 2015. If payment is not received by November 15, 2014, the amount listed above will be collected over a 10 -year period with interest added at 3.5% per year on the unpaid balance. The yearly installments will be collected with the property taxes that are paid to Washington County. At any time thereafter, prior to November 15th of any year, pay the remaining principal balance (in whole or part) to the City of Stillwater. 3. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council of the City of Stillwater this 7th day of October, 2014 Ken Harycki, Mayor ATTEST: Diane F. Ward City Clerk AGREEMENT OF ASSESSMENT AND WAIVER OF IRREGULARITY AND APPEAL THIS AGREEMENT is made this day of J u , 2014, between the City of Stillwater, Washington County, State of Minnesota ("City") and Kristel C. Buck-Ulrick of 2007 Schuelenberg Alley, Stillwater, Minnesota ("Owner"). In consideration of the action of the City to connect the Municipal Sanitary Sewer System to the Owner's home and to assess the costs against the property of the Owner, the Owner agrees that a special assessment be spread against her property in ten (10) equal annual installments with interest on the unpaid balance at the rate of 3.5% simple interest per annum. The property address is: 2007 Schuelenberg Alley, Stillwater, Minnesota Geocode: 21.03 0.20.14.0016 Costs, as used in this Agreement, mean the contractor's estimate of costs in the amount of 3,6 >I. '1 S;$7031 ,13,t1. $8;,1-5,.4, which includes the costs of installation in the amount of $5,6►30.00, a Metropolitan SAC charge of $2,485.00 and a City Sewer Connection fee of $100.00. Owner expressly waives objection to any irregularity with regard to the improvement assessments and any claim that the amount thereof levied against Owner's property is excessive and also waives all rights to appeal the assessment in the courts. IN TESTIMONY WHEREOF, the parties have hereunto set their hands thisday of , 2014. CITY OF STILLWATER Larry D. ansen, City Administrator ATTEST Diane F. Ward, Clerk OWN R is el C. Buck-Ulrick STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this " L day of July, 2014, before me, a Notary Public within and for said County, appeared Larry D. Hansen and Diane Ward, who did affirm that -they are respectively the City Administrator and City Clerk of the City of Stillwater, and that this instrument was signed and sealed on behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. //61 Not Public STATE OF MINNESOTA ) ) ss COUNTY OF WASH GTON ) On this day of July, 2014, before me, a Notary Public within and for said County, appeared Kristel C. Buck-Ulick, Owner. NANCY MANOS NOTARY PUBLIC • MINNESOTA My Commission Expires Jan. 31, 2015 10/7/2014 Stillwater City council Re: project 2014-02,LI 403 Parcel :2510 curve crest blvd . Parcel No: 3203020320044 Owner: Andrew Lundsted, President Soaring Eagle Mgmt LLC. I Object to the proposed assessment for the 2014 street improvement project . i believe that the burden of 100% of this project's cost should not be put on the property owners in addition to the $20,000 in property taxes already paid by Soaring Eagle mgnt for this Parcel . This road is a major thoroughfare for the city of Stillwater , with most of the traffic passing our property at 2510 curve crest blvd to go to other locations such as cub foods , the clinic , or hyw 5 to the west I would estimate that less than 5% of the traffic on curvecrest has 2510 as its intended destination , and therefore believe that the burden of 100% of this project to my small business for this project is no where near the percentage of Use that my business receives from Curve crest . would ask that the council reconsider the percentage charged to a lower percentage , More inline with the benefit received from this road to our business' here at 2510 curvecrest blvd . Thank you for your consideration, Sincerely , Andy Lundsted , President , Soaring Eagle Management LLC. 651-275-9055 Z'd 8806-9LZ- 699 uolss!Lusueal pep.Ae0 e£Z 6 6 171. L0 }o0 BILL TO SOARING EAGLE MANAGEMENT LLC 33748 UNITY AVE TAYLORS FALLS, MN 55084 NOTICE OF` BEARING ON PROPOSED ASSESSMENT FOR 2014 STREET IMPROVEMENT PROJECT September 18, 2014 Project 2014-02 LI #403 Notice is hereby given that the council will meet at 7:00 p.m., or as soon as possible thereafter, October 7, 2014 in the City Council Chambers at City Hall, 216 N. 4th Street to adopt the proposed assessment for Project No. 2014-02, LI 403. The improvement consists of rehabilitation of street and related improvements. The following is the area proposed to be assessed: Properties abutting Curve Crest Boulevard from County Road 5 to Washington Avenue, Orleans Street from County Road 5 to Curve Crest Boulevard and Market Drive from Curve Crest Boulevard to Orleans Street. The proposed assessment roll is on file for public inspection at the City Engineer's office. Written or oral objections by any property owner will be considered at the meeting. The process to appeal an assessment is listed on the back. Your parcel described as: 2510 CURVE CREST BLVD, Parcel No. 3203020320044. The amount to be specially assessed against your particular lot, piece, or parcel of land is: 89,102.03 Ryon are not notified within 10 days after the public hearing of any change in the assessment this is your invoice for the project. Payment must be received by November 15th, 2014 or interest will be charged and be collected with the property taxes that are paid to Washington County. For questions please contact 651-430-8835. PLEASE DETACH BOTTOM PORTION AND REMIT WITH YOUR PAYMENT NO INTEREST WILL BE CHARGED IF THE ENTIRE ASSESSMENT IS PAID BY NOVEMBER 15, 2014. If the assessment is not paid by November 15, 2014, accrued interest from the date of the adoption of the assessment roll through December 31, 2015 will be added with the first installment due in 2015. If payment is not received by November 15, 2014, the amount listed above will be collected over a 10 -year period with interest added at 4.5% per year on the unpaid balance. The yearly installments will be collected with the property taxes that are paid to Washington County. You may at any time thereafter, prior to November 15th of any year, pay the remaining principal balance (in whole or part) to the City of Stillwater. Please remit payment to: Finance Department City of Stillwater 216 North 4th Street Stillwater, MN 55082 c' d 9806-9LZ-199 Project: 2013-02, LI #398 Owner: SOARING EAGLE MANAGEMENT LLC 2510 CURVE CREST BLVD Parcel No: 3203020320044 TOTAL AMOUNT DUE: 59,102.03 uoisspsueal peu.lpeO BCZ:iL171LO1.00 MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE GRAND GARAGE 324 MAIN STREET SOUTH • SUITE 4260 • STILLWATER, MN 55082-5165 TELEPHONE: (651) 439-9464 • FACSIMILE: (651) 439-5641 W W W.MAGNUSONLAW FIRM. COM DAVID T. MAGNUSON CASI R. BUTTS DTMAGNUSON C[ MAGNUSONLAWFIRM.COM CRB Ct MAGNUSONLAWFIRM.COM MEMORANDUM TO: Mayor and City Council FROM: David T. Magnuson DATE: October 2, 2014 RE: Contemporaneous Findings- B&B Permit Denial Minnesota law requires a city council to make contemporaneous findings setting forth legally sufficient reasons for any permit denial. This requirement is to limit the natural inclination to offer "after the fact justifications" unrelated to the actual reasons for the initial decision. The failure to make contemporaneous findings creates a presumption that the city's actions were arbitrary. Here, findings will be presented at the meeting after the meeting when the decision was made. In some cases, involving complex issues and extensive documentation, the court has held that findings adopted at the next meeting where adopted in a reasonable time, and therefore the city was not presumed to have acted in an arbitrary manner. However, we cannot be certain how a court would view this case. One way to avoid dealing with the cost and uncertainty of litigation would be to provide in the findings that the denial is "without prejudice".1 This finding would permit the applicant to submit a revised application without waiting out a one year period that would result from a denial "with prejudice". This feature was made a part of our zoning ordinance to allow a proposal with some, but not enough merit in the first instance, to be brought back to the Council for reconsideration without waiting out the one year period that would otherwise be required. Respectfully, David T. uson Stillwater ity Attorney DTM/jp Without Prejudice — means as a declaration, that no rights or privileges of the party concerned are to be considered waived or lost. Black's Law Dictionary October 6, 2014 Friends of Stillwater Parks P.O. Box 822 Stillwater, MN 55082 R 1 EIVED OCT --6 2014 Dear Tim Moore, Superintendent, Stillwater Parks and Linda Amrien, Chair, Stillwater Parks Commission, It has been a pleasure to serve and contribute time and effort towards maintaining several flower gardens in local parks since 1996. However, our Board of Directors has decided to discontinue the Park Garden Committee. We believe Stillwater's Park Department can provide -- more effectively than Friends of Stillwater Parks can provide -- the staff and seasonal summer help to: • amend the soil of gardens as needed; • select plant material, plant, water, maintain and weed planted areas; • recruit community volunteers or community garden clubs ; • provide a special event to acknowledge volunteers; • develop and implement a landscape beautification plan for high visibility parks such as Pioneer Park and Lowell Park including the maintenance of those planted areas; and • oversee the maintenance of all planted areas on city property Again we wish to reiterate that it has been a pleasure to serve our community and we will continue to serve through other means. Sincerely, Dennis Conger President, Friends of Stillwater Parks REGULAR MEETING RECESSED MEETING i 1 1 ater INF OIRTNELACE OF MINNESOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North October 7, 2014 4:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Presentations for City Administrator replacement a. Dave Unmacht, Springsted, Inc. b. Richard Fursman, Brimeyer Fursman IV. STAFF REPORTS 2. Police Chief 3. Fire Chief 4. City Clerk 5. Community Development Dir. 6. Public Works Dir. 7. Finance Director 8. City Attorney 9. City Administrator 7:00 P.M. AGENDA V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE 4:30 P.M. 7:00 P.M. VIII. APPROVAL OF MINUTES 10. Possible approval of September 2, 2014 executive session and September 16, 2014 regular session meeting minutes IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 11. Certificate of Appreciation: Carey Nisi (SAHS teacher) and Sam Giesregen & Nate Anderson (SAHS students) — Human Rights Commission Logo and Booth Artists 12. Proclamation: Fire Prevention Week 13. Certificate of Appreciation: Tim Bell, Fire Department 45 years 14. Certificate of Appreciation: Tom Linhoff, Fire Department 40 years 15. Trail Plan Update — Melissa Douglas X. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. XI. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 16. Resolution 2014-153, directing payment of bills 17. Resolution 2014-154, approval of SafeAssure Consultants, Inc. consulting agreement for OSHA and safety consultation 18. Resolution 2014-155, approval of increase to railroad lease payment 19. Resolution 2014-156, approving workers' compensation claims administration agreement 20. Resolution 2014-157, approval of new On -sale & Sunday Liquor License for Thai Basil, Inc., DBA: Thai Basil 21. Resolution 2014-158, approval of 2014 Harvest Fest Special Event & Contract (Available Tuesday) 22. Possible approval of sanitary sewer adjustments 23. Resolution 2014-159, approval of Stillwater & Oak Park Heights Convention & Visitors Bureau (CVB) Bylaws (Revised 08-30-2014) 24. Resolution 2014-160, adopting delinquent clean up services charges 25. Resolution 2014-161, resolution approving Code Red Joint Powers Agreement 26. Resolution 2014-162, approving new tobacco license to Northgate, Inc. DBA: Still Tobacco 27. Possible approval of waiver of Dog Park Permit for the Grand Opening on October 18, 2014 28. Resolution 2014-163, approval of glazing quote for new Fire Station XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 29. 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 from the September 16, 2014 meeting) (Resolution — Roll Call) 30. This is the date and time for a public hearing to consider the proposed assessments for water service repairs (L.I. 0009). Notices were mailed to affected property owners and published in the Stillwater Gazette on September 17, 2014 (Resolution — Roll Call) 31. This is the date and time for a public hearing to consider the proposed assessments for the 2014 Street Improvement Project (Project No. 2014-02, LI 403). Notices were mailed to affected property owners and published in the Stillwater Gazette on September 19, 2014. (Resolution — Roll Call) 32. Case No. V/2014-29. This is the date and time for a public hearing to consider a request by Jeff Parent for an appeal to the Planning Commission's denial for a fence variance, to be located at 200 Edgewood Ave, located in the RA: One -Family Residential Zoning District. Notices were mailed to affected property owners and published in the Stillwater Gazette on September 26, 2014. (Resolution — Roll Call) XIII. UNFINISHED BUSINESS 33. Possible approval of the second reading of an Ordinance 1071, amending The Stillwater City Code Chapter 31, Entitled Zoning Ordinance By Adding Cost of Construction Indexing to the Design Permit Valuation Threshold (2nd Reading — Roll Call) 34. Proposed plan for the removal of the Zephyr train (Available Tuesday) 35. Possible approval of extension agreement with Stillwater Caves LLC (Resolution — Roll Call) 36. Possible approval of resolution approving the Findings of Fact for Case No. 2014-28 for the denial of a Bed and Breakfast, and variances associated thereof, to be located at 116 Harriet Ave, located in the RB (Resolution — Roll Call) XIV. NEW BUSINESS None. XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVI. COMMUNICATIONS/REQUESTS XVII. COUNCIL REQUEST ITEMS XVIII. STAFF REPORTS (CONTINUED) XIX. ADJOURNMENT Springsted LETTER OF TRANSMITTAL September 24, 2014 Mr. Larry Hansen City Administrator City of Stillwater 801 Washington Street Stillwater, Minnesota 55057 Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, MN 55101-2887 Tel: 651-223-3000 Fax: 651-223-3002 www.springsted.com Re: Proposal to Provide Executive Search Services for the Position of City Administrator Dear Mr. Hansen: Thank you very much for the opportunity to submit a proposal to assist in conducting an executive search and recruitment for the position of City Administrator. Hiring a City Administrator is one of the most important decisions a City Council will make In our role and partnership as executive search consultants, Springsted will work closely with all City officials to conduct a thorough, well -executed search that identifies qualified candidates with proven leadership and management experience that fits the City of Stillwater. Springsted has extensive experience conducting local government executive searches. Our model and business strategy is to provide you with a strong process while remaining flexible to adapt to the City's needs and desires. We approach each search by establishing positive and effective communication and trust with everyone. We will work hard to understand the City's issues, challenges and future goals. We will use this information to recommend best practices, prepare professional materials and administer effective recruitment strategies. We understand our proposal is subject to review and discussion. Please contact me at dunmacht@springsted.com or 651-223-3047 if you have any questions on our proposal. Respectfully submitted, David J. Unmacht Springsted Incorporated sml Public Sector Advisors City of Stillwater, Minnesota Proposal to Provide Executive Search Services for the Position of City Administrator I. Firm Philosophy Springsted is one of the largest and most established independent public sector advisory firms in the United States. For nearly 60 years, we have continually grown in the range of our client relationships, the comprehensiveness of our services and our prominence within the industry. Our managed growth is focused on providing clients with a balance of national perspective and local expertise. Springsted is a privately held corporation and a women -owned business and is certified as a Women's Business Enterprise ("WBE") by the City of Saint Paul, Minnesota and the Milwaukee Metropolitan Sewerage District. Our headquarters are located in Saint Paul, Minnesota, with offices strategically located throughout the United States. Specifically, our regional offices include Milwaukee, Wisconsin; Des Moines, Iowa; Kansas City, Missouri; Richmond, Virginia; Denver, Colorado; Los Angeles, California and Dallas, Texas. Currently, we have a staff of more than 70 professionals, including client representatives, consultants, analytical professionals and support personnel. Our size provides both subject matter expertise and contingency in the case of unforeseen circumstances. Executive Search Philosophy Our executive search philosophy begi ns with a clear partnership objective, which is: To administer a participatory and interactive process that results in the best candidate for the City Administrator position. We will work to create an excellent partnership with all City officials. This includes helping the City think strategically and deliberately throughout each critical step of the process. This emphasis is an important component of the early stages as the City Council works to reach consensus on the qualities and characteristics you desire in the successful candidate. Springsted team members will remain unbiased and fair in all communications and interactions. Mr. Unmacht will deliberately and methodically work to understand the desired qualifications for this position as well as understand the City's goals and priorities. We will meet with the City Council to discuss the City's recruitment goals and expectations. In partnership with City officials, we will identify best practices in the overall search process, including compliance with applicable Minnesota laws, finalize a recruitment plan and a schedule of all activities. The Springsted team's previous experience in local government, along with our organizational development background, will provide a solid foundation for the City of Stillwater. Our work and experience will give City leaders the confidence needed to move forward to hire the best qualified candidate for the position. Springsted City of Stillwater, Minnesota. Proposal to Provide Executive Search Services for the Position of City Administrator. II. References We are providing four references for you to contact. understanding of our executive search work. Please City of Bayport, Minnesota City Administrator Ms. Susan St. Ores, Mayor Ms. Sara Taylor, Assistant City Administrator 651-275-4413 City of West St. Paul, Minnesota City Manager Mr. John Zanmiller, Mayor 651-253-3910 Qualifications These references will give you an excellent feel free to contact any one of these individuals. City of Burnsville, Minnesota City Manager Ms. Jill Hansen, Human Resources Director 952-895-4471 Washington County, Minnesota County Administrator (Internal Search) Ms. Molly O'Rourke, County Administrator 651-430-6002 In just over five years, Mr. Unmacht has been involved as the lead search consultant or as a strategic advisor for over 50 executive searches. Mr. Unmacht brings an energetic perspective to the process and he is very knowledgeable about Minnesota local government. Mr. Unmacht also served as a City Administrator, so he fully understands the role and responsibilities of the position and how it fits into an organization and within the community Currently, Mr. Unmacht is completing a City Administrator search for Lakeville, Minnesota and a City Manager search for Bloomington, Minnesota. Both of these searches will be completed prior to working for the City of Stillwater. In addition, Mr. Unmacht has had preliminary discussions with the City of Oakdale on an executive search, however, no formal action has occurred by the City Council. The Council is anticipated to take action on their search process in mid-October. A more thorough listing of Mr. Unmacht's executive searches and/or additional references is available upon request. III. Search Consultant David J. Unmacht Senior Vice President David Unmacht will be responsible for the overall search process. He is a consultant for Springsted's Organizational Management/Human Resources group. Mr. Unmacht brings more than 15 years of county administration experience, having worked for Scott and Dakota Counties, Minnesota. He has also worked as City Manager in Prior Lake and City Administrator in Belle Plaine, Minnesota. Mr. Unmacht was the recipient of the Minnesota Association of County Administrators (MACA) Joe Ries Excellence in County Management Award in 2000 and the Minnesota City/County Management Association (MCMA) Award for Management Excellence in 2006. Mr. Unmacht is also a Credentialed Manager with the International City/County Management Association (ICMA) and a community faculty member with Metropolitan State University in Saint Paul, Minnesota. He has a Master's in Public Administration from Drake University in Iowa and a bachelor's degree in Business Administration and Political Science from Wartburg College in Iowa. Springsted City of Stillwater, Minnesota. Proposal to Provide Executive Search Services for the Position of City Administrator. Sharon G. Klumpp Senior Vice President and Consultant Sharon Klumpp specializes in organizational and management consulting and executive search for public agencies. Ms. Klumpp will assist in recruitment and candidate screening. Ms. Klumpp has extensive government experience, having served as Executive Director of the Metropolitan Council — the seven -county regional planning agency for the Minneapolis -Saint Paul metropolitan area, as Associate Executive Director for the League of Minnesota Cities, as City Administrator for Oakdale, Minnesota and as Assistant City Manager in St. Louis Park, Minnesota and Saginaw, Michigan. Her private sector experience includes serving as the chief administrative officer for the Minneapolis office of a major global engineering and design firm. Ms. Klumpp also served as an adjunct instructor at Walden University, where she taught public administration and organizational change in the University's School of Management. She holds a master's degree in public administration from the University of Kansas and a bachelor's degree in political science from Miami University of Ohio. Knowledge of the City The Springsted team brings a strong and functional working knowledge of the City of Stillwater. We understand and respect the City's rich history, proud tradition and wonderful opportunities for the future. We will promote and market the City's great potential. The City of Stillwater is uniquely positioned to attract the best candidates in the profession. We will work diligently to tell your story and advocate on your behalf in the marketplace of potential applicants. Knowledge of the Profession and Search Market The Springsted team is very active in Minnesota and across the country in executive recruitment. Our recent acquisition of Waters & Company will expand our outreach and recruitment opportunities. This acquisition will strengthen our capacity, provide for greater access to potential candidates and serve all of Springsted's clients very well. Combined with Waters & Company, our two firms over the past 20 years have conducted hundreds of searches. We are active in the Minnesota City/County Management Association, the League of Minnesota Cities, Association of Minnesota Counties, the International City/County Managers Association, and other Midwest and national based professional management associations. In addition to our corporate office in Saint Paul, Springsted has other regional offices as noted earlier in the work plan. We will work directly with staff in these offices to seek their assistance in recruiting and identifying qualified candidates for the position. Our key staff members in these offices are former local government administrators and managers that are active in the profession, in their region and in assisting in search processes. This "bench strength" will ensure that our recruitment strategy and results are thorough and comprehensive. Ultimately our goal is to recruit qualified candidates that are a strong match for the desired qualities and skills of the City. Springsted City of Stillwater, Minnesota. Proposal to Provide Executive Search Services for the Position of City Administrator. 5 IV. Description of the Search Process Springsted's search process is described below. We are happy to refine this process as needed to meet the City's goals and objectives. We have provided a fee within each of the principle sections below, as well as, a total fee for the entire process at the end of the work plan. 1. Trust and Working Relationship — Springsted commits to meeting and exceeding the expectations of the City from the beginning to the end of the process. We will create strong lines of communication, be open to ideas and develop a strong partnership with the City Council and department leaders. Our work with the City is open and transparent. We have a strong working knowledge of Minnesota laws that must be observed throughout the hiring process. We make sure that the City and candidates understand how these laws affect the hiring process. Our strong regard for conducting a process that follows the requirements of the Data Practices Act and the Open Meeting laws is a critical aspect of our relationship with the City. 2. Project Initiation Springsted meets with the City's representative to define working relationships, determine preferred methods of communications and refine the project schedule. The revised schedule is distributed to ensure that everyone involved with the search process understands the process and schedule. 3. Position Analysis and Profile Development We meet individually (or collectively, depending upon the City's interests) with the Mayor and City Council members to broaden our understanding of the position's leadership and management requirements, current issues, strategic priorities and to identify expectations for the next City Administrator. We also schedule a series of individual and/or a team meeting with department leaders to increase our understanding of their perspective on the position's desired qualities and characteristics. Information obtained from these meetings, our review of the position description and other City documents, is used to prepare a position profile. We review salary and benefit information for City Administrators in similarly sized communities and in recent placements to assist the City in determining if any adjustments may be required to the salary range and employment package to ensure the position is competitive with the marketplace. The completed profile and job announcement will be approved by the City before recruitment begins. The position and community profile will be central to our recruitment; as well as candidate outreach. Sample position profiles are available upon request. Estimated Fee for Steps One – Three: $2,500 4. Identification and Recruitment of Qualified Candidates — In consultation with the City, we will develop a customized recruitment strategy for the City Administrator position that includes placing job ads with professional local government associations, such as the League of Minnesota Cities, the Minnesota City/County Management Association (MCMA) and other organizations we identify with the City. To increase the exposure of this position, we will strategically place the job posting with other state municipal leagues, city/county management associations and public administration schools that are in regular contact with alumni regarding job opportunities. We will also post the position in several on-line public sector search sites including Careers in Government and GovtJobs. Our recruitment outreach emphasizes personal contacts with prospective candidates. We also contact MCMA members, ICMA-credentialed managers who demonstrate an ongoing commitment to professional leadership development. Finally, we draw upon our knowledge of qualified local government managers from our database and from the professional network of our team. Springsted City of Stillwater, Minnesota. Proposal to Provide Executive Search Services for the Position of City Administrator. 14 Springsted sets up an e-mail inbox for each search and encourages an electronic submission of applications. Applications received by mail or by fax are scanned to ensure that we have an electronic record of all materials received. The City receives timely updates on the status of the search. We also maintain open and professional communication with the applicants to keep them informed about the status of the search and their candidacy for the position and to track developments in their job search activities. 5. Applicant Screening — Applicant screening is based on position requirements and hiring criteria established by the City in the position description and position profile. Once we have identified the top candidates we ask them to complete a screening questionnaire and due diligence form that addresses their work history, and professional and personal qualities so we can assess their fit with the characteristics identified in the position profile. Along with substantive information provided in the answers to the questions, we evaluate the candidates' writing and comprehension skills. We ask each of the top applicants to complete a Management Style Analysis that determines if the candidate's behavioral traits, competencies critical to the position and work values, match the needs of the City. Once that is complete, we conduct telephone screening interviews with the top candidates to expand upon each candidate's background and experience, particularly in those areas important to the City. We determine the candidate's level of interest and motivation for seeking the position. We identify the candidate's management and leadership style and learn about their personal experiences and professional expectations for the position. 6. List of Top Candidates — We meet with the City to present candidate reports and a list of the top candidates. Each candidate report includes: 1) resume; 2) due diligence form; 3) preliminary information from an internet search; 4) screening questionnaire; and 5) telephone screening information. The City Council selects the candidates who will be invited to interview. In a professional and respectful manner, Springsted informs all applicants of their status in the selection process, in particular those that are not moving forward to the interview stage. Estimated Fee for Steps Four – Six: $7,500 7. First and Second Round Interviews — We work with the City Council to design and coordinate the interview process. We find that each city is different, so before we organize an interview process we meet with the City Council to seek your expectations and desires. Based on city preferences, we develop a structured interview process that maximizes the input of all participants and we coordinate the interview schedule with the candidates. The interview process is structured in a way that helps the City Council assess the candidates' ability to communicate, their approach to making decisions, their interpersonal skills and other preferred qualifications. We also provide a template to help the City Council evaluate the candidates on an equitable basis and provide a feedback form to other participants in the interview process so the City Council can consider these perspectives in its assessment of the candidates. Mr. Unmacht will be in attendance at the interviews to provide support as needed while the Council narrows the field of candidates who could be invited to a second interview. For the second interview, we will design a different candidate engagement process to use. 8. Reference Checks — We contact references and provide a thorough reference outline for each candidate participating in the interviews. It is our practice to contact at least four references per candidate: an elected official, someone who supervised the candidate, a direct report and a community member. We believe that a more comprehensive reference profile can be compiled if we seek input from a representative of each of these areas. Springsted City of Stillwater, Minnesota. Proposal to Provide Executive Search Services for the Position of City Administrator. 9. Background Check and Employment Offer — We conduct a thorough background records check, which includes state and national criminal and civil history, driver's license review, educational verification, a credit check and a review of social media activity. The timing is coordinated with the hiring decision and is typically completed prior to making an offer to a candidate. To date, there has not been an ethical issue with any Springsted placement. We will assist the City Council in developing an employment offer and negotiate the compensation package with the successful candidate in accordance with direction received by the City Council. We will also develop a list of six month and one year goals for the City Administrator. This will include information collected from city officials and the incoming Administrator. Estimated Fee for Steps Seven – Nine: $4,500 V. Proposed Timeline The following is an illustration of a possible timeline; the actual timeline will be developed in partnership with the City Council. In general, an executive search takes four months to complete. This outline assumes an October 1 start date; the rest of the dates are open for discussion and input from the City. It is important to keep in mind the major holidays at this time of the year in the planning and scheduling. Project Milestone Deliverables Proposed Date Notice to proceed October 1 Position review and analysis • Contact with the City Council • Contact with the department leaders • Contact with community members if desirable • Review job description • Prepare profile October 2 —17 Approval of the position profile and job announcement • Position and community profile • Job announcement October 21 Recruitment and candidate outreach • Placement of job announcement • Contact with prospective candidates . Acceptance / acknowledgement of applications • Status reports to the City October 22 —November 17 Applicant screening/telephone interviews • Supplemental questionnaire • Due Diligence form • Candidate screening interviews • Candidate evaluation November 18 —December 2 Candidate presentation/selection of applicants to interview • Candidate profiles, resumes and questionnaires • On-site meeting with the City Council • Notification to applicants not advancing in the selection process December 2 Springsted City of Stillwater, Minnesota. Proposal to Provide Executive Search Services for the Position of City Administrator. 6 Project Milestone Deliverables Proposed Date Interview design First and second interviews References • Interview design, questions, schedule and candidate assessment forms December 2 • Consultant attendance at interviews • Organized and structured interviews Comprehensive background check completed for finalist Offer made/accepted Projected start date First year check -ins • Written reference outline for each finalist December 8 — December 22 Prior to interviews • Candidate background report Prior to final offer • Draft employment offer and agreement • Thank you letter to candidates not selected • City Administrator starts • Action plan for a successful transition On or before December 31 February 1, 2015 • Ongoing follow-ups (informal and formal) August 2015 & February 2016 VI. Costs We broke down our fee into three sections as noted above in Section IV. We can work with you to identify any services you seek in our process. Our professional fee to provide all of the search services outlined above is $14,500. This fee will not change unless additional services are requested by the City. Out-of-pocket costs for this project include such things as position advertising (estimated up to $1,000), a background check for the final candidate ($400) and miscellaneous travel costs. The individual out-of- pocket costs vary per search and our intent is to keep them to a minimum. For the City of Stillwater, out- of-pocket costs are estimated to be no more than $2,000. Total not to exceed cost for the City is $16,500. VII. Summary of Guarantee Our commitment to the City does not stop after the appointment of the City Administrator. We are available throughout the first year to facilitate a discussion about performance issues (if they arise). We will contact the City Administrator to find out how he/she is performing and to check in to answer questions or provide information as requested in the transition. At the time of the hiring, we will provide the City Council and incoming City Administrator with ideas on how to successfully transition to a new position. Experience shows that involvement and participation of the search consultant is a function of the experience, skills and background of the newly appointed Administrator. At times more engagement is encouraged and at times it is simply not needed. If Springsted is hired to complete the search using all services in the work plan, we will perform another executive search if the new City Administrator voluntarily resigns or is dismissed for cause during the first 24 months of employment. The guarantee search and other ongoing services are provided at no additional cost to the City other than reimbursement for actual direct expenses we incur. Springsted City of Stillwater, Minnesota. Proposal to Provide Executive Search Services for the Position of City Administrator. 11 ti1iwater The Birthplace of Minnesota Brimeyer Fursman, LLC Executive Search 1666 Village Trail E Suite 7 Maplewood, MN 55109 651.338.2533 richardfursman(u) gmail.com 1' Brimeyer Fursman Execult e Search 1 Slraiegiel Proposal for City Administrator Executive Search City of Stillwater, Minnesota City Administrator 4 PROUD TO BE A VETERAN OWNED & OPERATED BUSINESS Table of Contents Page Cover Letter 2 Introduction 3 Firm Experience 3 Approach and Services Overview 4 Detailed Plan of Action Steps and Services Provided 5 Or:anization Review 6 "Mini" Culture Audit 6 Position Profile Develo ment 6 Recruiting Plan 7 Progress Report 8 Interview Process 9 Onboarding and Follow up 10 Tenure of Hires 10 Principles Assigned to Your Search 11 Guarantee 12 Sample Time Table 12 Fees and Expenses 13 Payment Policy and Signature Page 14 References 15 Partial List of Past Search Clients 16 Brimeyer Fursman Executive Search 1 Stroteoies July 7, 2014 Mayor Ken Harycki 216 North Fourth Street Stillwater, MN 55082 RE: Proposal for City Administrator Executive Search Dear Mayor Harycki and Councilmembers Menikheim, Kozlowski, Weidner and Polehna: On behalf of our team at Brimeyer Fursman, LLC, I would like to extend our appreciation for your time and consideration to review this outline and proposal to assist you and the citizens of Stillwater in the recruitment and selection of your next City Administrator. Picking the City's Administrator is one of the most important functions you will undertake together. We trust our process, experience, and commitment to you will result in the highest quality and best possible search. I will be assuming responsibility for the search as president of the firm with 20 years of senior/city management experience in local government and 7 years of executive search experience. Company Vice President, Irina Fursman, will be assisting with the search with over 7 years of search experience and extensive work in facilitation. We have conducted over 100 executive searches for administrative positions throughout the Midwest. We will work closely with you to understand your needs and organization culture so the individuals recruited have the qualities and skills to be successful. Included with this Letter of Interest are biographies, a select clients list, and an estimated timeframe to complete the project and estimated expenses for the project and other material requested. We are proud of our relationship with Minnesota Cities and would very much enjoy working with you on this vital recruitment. Thank you again for your consideration. Very truly yours, Dr. Richard Fursman Ed. D. President 1666 Village Trail East Suite 7 Maplewood, MN55109 For additional information about Brimeyer Fursman, please visit www.brimgroup.com Proposal for City Administrator Executive Search: City of Stillwater 1 2 Statement of Understanding Firm Experience Brief history Founded 1991 Introduction The City of Stillwater is reviewing options in preparation for the hiring of a City Administrator. It will be the responsibility of the consultant to manage expectations, provide expert guidance, and take careful note of the information provided through the individual council members and the organization as a whole. Founded by Jim Brimeyer in 1991, Brimeyer Fursman, LLC is headquartered in the Twin Cities of Minnesota. Current company president, Dr. Richard Fursman and Irina Fursman have undertaken scores of similar projects in Minnesota, Iowa, Wisconsin, Nebraska, Alaska and South Dakota. During those searches they successfully implemented recruitment strategies, demonstrating expertise in candidate assessment and the development of a selection process that addresses the needs of the organization and the entire community. Richard has completed over 100 management searches in the Midwest. Partnering with Irina, they have assisted over 200 organizations in other Organization Development efforts. Brimeyer Fursman, LLC is now the industry leader in the process of "Onboarding" or preparing the Organization and new Administrator for transition, to ensure the best possible start. We take great care of our client's needs and concerns not only as the process unfolds, but also through the new City Administrator's entry and transition. Current City Manager The firm is currently finishing the final stage of hiring for the City Search Engagements of Victoria, Minnesota, and recently started a project in Ada, MN. Similar Searches 2011-2014 Some of the more recent executive level searches include the cities of Eagan, Vadnais Heights, Apple Valley, Woodbury, Wayzata, St. Cloud, Minnetonka, Hopkins Minnesota, Waverly and Centerville, Iowa; New Richmond and Kimberly, Wisconsin; and, Petersburg, Alaska. Proposal for City Administrator Executive Search: City of Stillwater 1 3 Search Approach Scope of Services Summary (Executive Search) Approach and Services Overview Our approach to executive search promotes maximum input from the Mayor and Council, staff, and citizens in the search process. We help guide the process, but you are the final authority in the selection of candidates. We maintain continual contact with the client throughout the search and keep the candidates informed as the search progresses. In addition to our milestone meetings with the Mayor and City Council, we will provide periodic updates to keep you informed of our progress. Brimeyer Fursman is committed to accurately portraying all candidates to the City. Likewise, we strive to accurately represent the position to candidates to prevent unrealistic expectations. Phase I Organization Assessment and Develop Position Profile Meet individually with the Mayor and Council, Department Heads, and key staff. Meet with selected representatives from the community and/or conduct public forums. Develop and present Position Profile. Place announcements Direct recruiting program Collect and review resumes Interview semi-finalists/Screen and evaluate Prepare and present progress report Assist elected board with the selection of top 5 candidates for interviews Personality/Management Profile Phase II Recruitment of Best Candidates Phase III Interview Preparations and Event Coordinate candidates' interviews Prepare schedule, questions, review sheets Monitor interviews, facilitate candidate review session Develop compensation package Assist with negotiations Reference checks - credential verification — credit report — criminal and civil records checks Optional Services Phase IV Onboarding Onboarding: Socialization process to assist new and existing leadership with the transition to a new City Administrator. Follow-up 6 months following the Administrator's start, we assist in conducting a review. Phase I Organization Assessment Detailed Plan of Action Steps and Services Provided by Brimeyer Fursman, LLC Each search process begins with a careful assessment of the current state of the organization. This evaluation is used when the position profile is established to ensure applicants are screened according to the needs and established norms of the organization. You will be asked how much if any, change in direction is hoped for with the new City Administrator. Candidates are screened for fit and capacity according to your requirements discovered during the process. Assessment areas typically include organizational procedures, structure, systems and policies, culture, staff capacity, leadership and management philosophy, and previous experiences. Four methods may be used to gather information for assessment: 1. Interviews 2. Focus Groups 3. Questionnaires 4. Review of artifacts Employee Engaging as many stakeholders as possible in this first step of the & Citizen Engagement process will provide an impetus for change needed and prepare the organization for the transition in leadership. Members of our team have extensive training through the Institute of Cultural Affairs on facilitating community discussions. A critical success factor of the search is identifying community priorities and the environment in which the Administrator must function. We encourage meetings with citizens to further assess the climate of the community with the use of forums and individual interviews. 11 Proposal for City Administrator Executive Search: City of Stillwater 1 Establishing and Evaluating Expectations Organizational Review Coordinated with Administrator Search "Mini" Culture Audit Position Profile — Recruiting Platform A successful search has a thorough definition and agreement by the Mayor and City Council on each aspect of the position. During this initial phase, our consultants will meet collectively and individually with the Mayor and City Council members, Department Directors and Administrators, and key staff to learn more about your goals and objectives. Critical factors to be determined include position responsibility and authority; reporting relationships; educational and experience requirements; personal and leadership qualities; and management style. We will carefully review your expectations and provide industry tested feedback. We will discuss pay expectations, the available talent pool, organization fit, and others that come up during the profile formation. An organizational review and City Administrator search should be a coordinated process whose elements happen together. The information from the organizational review /assessment is essential for the successful recruitment of the new City Administrator. The same analysis becomes the foundation for a plan of action for the new City Administrator once they start. "Mini" Culture Audit: Our highly credentialed and experienced Organization Development professionals understand that when a CEO or Administrator leaves, there is often heightened anxiety and work interruptions as people adjust. The areas impacting behavior are communication & expectations, environment, time, and group relations (power issues). The mini culture audit is used to help determine how to best recruit candidates for fit to create a positive work environment. We will pay considerable attention to establishing organizational goals and priorities for the position. The identification of priorities serves a two -fold purpose: it assists the hiring authority in developing a consensus on what is important for the organization and it alerts potential candidates to the important issues of the organization. After drafting the Profile, we will meet with the Mayor and City Council as a group to discuss the critical specifications of the position. A great deal of emphasis placed on the agreement of this analysis. Without this information, it is difficult to determine how potential candidates will affect the City's plans and organizational team. The final Position Profile, after approval by the Mayor and City Council, becomes the document against which we evaluate prospective candidates. PHASE II Develop and Implement an Approved Recruitment Plan Place Announcements Recruit Candidates Recruitment Ads ICMA: International City Managers Association Gov't Jobs Linked -IN Brimgroup Web Page League of Minnesota Cities Neighboring Leagues Accept and Acknowledge Applications Review Resumes and Screen Candidates The Position Profile serves as the primary recruitment tool as a means of identifying the scope of the position and highlighting the unique characteristics and qualities of the community. Once the Profile is approved, we will prepare and conduct a comprehensive program to contact candidates and determine sources of candidates. In addition to placing announcements in the appropriate professional and trade journals, we will announce the position on appropriate web sites and the Profile will be featured on the Brimeyer Fursman web site with a link to the City of Stillwater official web site. We will utilize our local, regional, and national contacts to identify potential candidates. We will identify comparable organizations where key individuals will be contacted. Often times we are able to identify candidates from similar assignments who may be appropriate for the position. Sometimes the most qualified candidates are often not in the job market and do not respond to traditional advertising: therefore, we will directly recruit specific individuals with established patterns of talent, stability, and success through direct visits, calls, and mailings. Brimeyer Fursman will take responsibility for accepting and collecting applications and acknowledgments. We will maintain transparency and provide continual updates to the city and candidates as each step in the process proceeds. We take great care to treat all candidates with the greatest respect on behalf of the firm and Stillwater. Following the application deadline, we will screen each applicant's experience and background against the Position Profile. After evaluating and comparing each application, we will compile a list of candidates for further consideration. We will conduct one-on-one interviews with the most promising individuals. Our staff will make every effort to conduct face-to- face interviews with these candidates. Our in-depth evaluation and appraisal techniques will cover issues such as work experience, education, professional development and achievement, career objectives, accomplishments, suitability, and specific interest in the position. We will pay particular attention to the management style that most closely reflects the needs of the organization. Assessment Tools Cover letter & resume review Short essays on topics related to the position Writing sample Summary of accomplishments Insights management profile One-on-one interviews 360 Degree Reference Review Full Credit Report Credential Check Criminal Check Progress Report TOP 10-12 We use a variety of techniques to "discover" the candidates who will have the greatest chance of success. Research shows that past performance is the greatest indicator of future success. We spend a great deal of time reviewing the accomplishments and lessons learned on mistakes with each candidate. Additionally, we profile management styles and capabilities of each candidate through testing and interviews. PlilDiscoverg Personal Profile Brimeyer Fursman is authorized to administer the Insights Discovery Personality Profile System. The results will cover motivation and behavior patterns, management strategies, identification and management of conflict areas. The City will gain insights into the strengths, management style, and key communication styles for each finalist candidate. Once interviews are complete, we will select the most qualified individuals to present to the Mayor and City Council. We will prepare a Progress Report that will provide information on ten candidates whose backgrounds most closely meet the requirements of the position. This Progress Report will provide specific information on: Educational and work history Accomplishments and growth potential Strengths and possible limitations Skills and performance history related to the position Personality and decision making profile We will deliver this report and personally review it with the Mayor and City Council. Five or six candidates will be selected for further consideration based on the review. We will propose a schedule for interviewing the candidates and discuss the compensation expectations of the Mayor and City Council once the finalists are selected. PHASE III Coordinate and Conduct Final Interviews Reference and Credential Checks Final Interview and Selection Process Council/Panel Interview Preparation Selection 360 Review: Prior to the interviews, we will conduct discreet reference checks on the finalist candidates. We will talk with peers and former associates of these candidates. We will speak with individuals who are, or have been, in positions to directly evaluate the candidates' job performance. We will verify the finalist candidates' credentials through educational, criminal, and credit checks. Resumes, cover letters, and reference reports will be provided on each candidate prior to the interview. We will also provide the Mayor and City Council with a list of suggested interview questions and evaluation forms. We will discuss the proposed procedures to be used in the interview process. Our suggested interview schedule will allow the candidates to get acquainted with the community and community leaders and to visit with the Mayor and City Council and the staff in informal settings. We culminate the process with individual and group interviews. If possible, all interviews will be scheduled within a period of two days depending upon the desire of the Mayor and City Council. A consultant will be present at each interview. Before the interview process begins, we will review all protocols and also discuss the motivational forces guiding your interpretation of candidates. This is especially strong at the unconscious level with biases in the interview process, including: Leniency/ Strictness Bias Halo Effect Horns Effect Similarity Effect Appraiser Biases Primacy Effect Contrast Effect After the interviews, we will meet with the Mayor and City Council to review the candidates using an ORID (Objective, Reflective, Interpretive, and Decisional) evaluation tool to assist in determining the top candidate. The consultant will assist in this process to the extent requested by the Mayor and City Council. We take responsibility for notifying all unsuccessful candidates each time the candidate pool is narrowed down. Proposal for City Administrator Executive Search: City of Stillwater 1 Negotiating Compensation Package Additional Support Services Phase IV Onboarding — Preparing .for change FOLLOW UP Performance Review Tenure of Hires Brimeyer Fursman, will take great care that the City of Stillwater secures acceptance from the most desired individual. We will participate in the final negotiations. If any concerns arise in the final hour, by working as a third -party intermediary we can resolve important details of the offer which may have significant bearing on its final acceptance or rejection. We will negotiate the terms and conditions of employment and prepare a Letter of Agreement on behalf of the City of Stillwater with the selected candidate. If requested by the City, Brimeyer Fursman, will act as a spokesperson with the media in order to maintain the integrity of the selection process and to protect the confidentiality and privacy of the candidates who are not hired. Family issues and dual career households are factors that influence an individual's decision to change jobs. We address circumstances arising from a job change including spouse careers, real estate issues, family concerns, and relocation details. After the candidate is employed, we will follow up with both the City of Stillwater and the candidate to insure a smooth transition and satisfactory completion of the assignment. This follow-up contact is intended to identify potential issues early so that adjustments can be made, if necessary. Onboarding is a process focused on the integration of new senior -level managers into an organization. The goal is to prepare Administrators to succeed in their jobs as quickly as possible. Brimeyer Fursman will meet with the directors and key staff, Mayor and City Council and the new City Administrator to discuss and plan for the adjustments that naturally occur during periods of transition. This is particularly helpful to staff as they learn to work with their new supervisor. Items covered include effective communication, setting expectations, clarification of roles and responsibilities, a review of the culture and other norms. If requested by the Mayor and City Council, we will assist in conducting a performance evaluation of the selected City Administrator between six and twelve months of employment. We will develop a Work Program that will contain objectives for the City Administrator to accomplish in the ensuing six to twelve months. The shortest tenure of permanent placements of City Managers has been 4 years. (Canton SD). We were invited back to do the search again. All other placements for the past 6 years are still serving. Prou Richard will be the lead consultant on the project and will be involved in all aspects of the search. Irina will assist with interviews and fact finding. She will be involved with facilitation and community contacts. Principles Assigned to Your Search Dr. Richard Fursman, President: Richard joined Brimeyer Fursman in 2007 and has conducted 100+ searches over that time period. Richard has 25 years of senior management experience in local government, most recently as the City Manager of Maplewood, Minnesota. Richard earned his Doctorate in Organization Development as well as his Bachelor of Arts in Economics from the University of St. Thomas and his Master of Arts degree in Urban and Regional Affairs from Mankato State University. Richard is an Adjunct Faculty at the University of St. Thomas. He was awarded the title of Credentialed Manager by the International City/County Management Association. Richard is a past board member of the Minnesota City/County Management Association, a member of Rotary International, and past President of the Minnesota Metropolitan Manager's Association. Richard has conducted numerous strategic planning retreats and consults with municipalities and non -profits on reorganization and change management in the USA and Abroad. Irina Fursman Irina is Vice President of Brimeyer Fursman, coordinating the design and facilitation of all the process, including the interviews and community engagement. Irina is a nationally certified facilitator and trainer from the Institute of Cultural Affairs. Irina was born, raised, and educated in Russia and Ukraine where she earned her Bachelor's Degree of Education and Masters of Science Degree in Mathematics and Computer Science before moving to the United States in 2002. Irina has led and facilitated over 30 strategic planning sessions with cities and businesses. She has worked with over 80 communities during the search process facilitating community and staff input sessions, council discussions, research for profile development, and assisting with the various process logistics. In addition to facilitating sessions, Irina also trains in the art and science of facilitation. Irina has presented nationally and internationally on the subject of citizen engagement, strategic planning and sustainable development. Irina is currently a Doctoral Candidate in Organization Development at the University of St. Thomas. Highlighted activities require full Council participation Guarantee Sample Time Table (Subject to your needs/changes) Brimeyer Fursman offers a 24 month guarantee on the effectiveness of the City Administrator. Should the Mayor and City Council determine it necessary to terminate the City Administrator due to failure to adequately perform the duties as specified in the Profile and as represented by the process, or if the Administrator quits the position, we will refill the position at no additional fee and will charge expenses only. Brimeyer Fursman will not recruit candidates we have placed with your organization. Should there be substantial changes in the political situation at the City of Stillwater and a decision is made to terminate the City Administrator for reasons other than failure to perform the duties as specified in the Position Profile, this guarantee is subject to negotiations between the Mayor and City Council and Brimeyer Fursman. The Guarantee is contingent on the Mayor and City Council successfully completing phases I-V of the process. Brimeyer Fursman LLC will work with the Council on the timing of the search. We will work closely with you to work through scheduling difficulties. The following serves as an example that will be altered to fit everyone's schedules. Authorization to proceed Sept, 2014 Survey sent to council, community, and staff Profile Data Collection (with interviews of Council, Community, Staff) Approve Position Profile Start Recruitment Deadline for Applications Screen and Review Candidates Progress Report/Select Finalists Reference and Credential Checks Interviews Start of New Administrator Onboarding Session with New Administrator and Council September 30 Oct 6-7 Oct 7 Oct 8 November 7 November 7-20 December 2 December December 12/13 February 2, 2015 At start Proposal for City Administrator Executive Search: City of Stillwater 1 12 Fee Quotation Executive search process overview and fees Search Fee $11,800 Phase I Develop Position Profile Meet individually with the Mayor and City Council, Department Heads, and key staff Meet with selected representatives from the community and/or conduct public forum Develop, present, and Position Profile $5,000 Phase II Recruit and Screen Candidates Place Announcements Direct Recruiting, Send Profiles Review Resumes Screen and evaluate candidates Prepare and present Progress Report (progress report will be delivered in person and contain profiles of 10-12 candidates who demonstrate the best fit. Here the council selects the top 5 for interviews. $5,300 Phase III Interviews Schedule and coordinate candidates' interviews with the City Develop Interview questions Participate in interviews Develop compensation package Participate in negotiations Personal Management Style Profile Assessment $1,500 Expenses : Typical expenses include copies and supplies, position advertising (League Web Sites, ICMA, Minnesota City Managers Association, Linked -IN — and Mileage, Management Profiles Not to Exceed $2,750 The expenses estimate does not include costs associated with candidates' expenses for the final interview such as airfare for out of state candidates, hotels, meals and others. These expenses are influenced by the following factors: number of candidates invited to interview, location of candidates, spouse and family attendance, meals and hotel accommodations provided. For local candidates, the cost is typically zero. Proposal for City Administrator Executive Search: City o tillwater 1 13 MI Optional Services Phase IIIa. Background Check (This is done before the interview) Reference checks Credential verification Credit Report Criminal Background Report $750 per Candidate Phase IV: Additional services after the Administrator is hired $950 Onboarding: If the council desires, we will facilitate onboarding of the new + mileage and copies Administrator to help clarify roles, expectations and reveal important practices of the operation. This is done with the council and staff and is planned during the first week or two the Administrator is on the job. Phase V: Administrator Review: This is completed approximately 6 months after $250 start of employment + mileage and copies Payment Policy: Our payment policy is one-third of the total fee due upon signing this agreement; one-third after presentation of the Progress Report; and the balance due 10 days after the search has successfully been completed, whether the agreement is oral or written. In the event the City Council terminates this agreement during the search, we will retain the progress payments to that point. Dr. Richard Fursman, President Date Brimeyer Fursman LLC City of Stillwater, Minnesota Date Related References City of Eagan, MN Population 65,000 Mayor Mike Maguire City Administrator Search (651) 675-5048 Position Filled March 2013 Dave Osberg, from the City of Hastings Applications Received 39 Participants: City Council, Staff, Focus Groups Search Consultant Assigned: Richard Fursman and Irina Fursman City of Wayzata, MN — population 4,000 Mayor Ken Willcox City Manager Search 952-922-5569 KenWillcox@wayzata.org Position Filled (2012): City Manager (Heidi Nelson from Ramsey, MN) Start Date April 16th, 2012 Applications Received- 75 Participated Parties: City Council, Community Members, Business Leaders, Department Directors Search Consultant Assigned: Richard Fursman and Irina Fursman City of Hopkins, MN — population over 18,000 Mayor Eugene Maxwell City Manager Search 1010 1st St S Hopkins, MN 55343 952-935-5270 emax33721@aol.com Position Filled (2011): City Manager (Mike Mornson from St. Antony Village, MN), Started August 29th, 2011 and continues to serve Application received — 65 Participated Parties: City Council, Community Members, Department Directors Search Consultant Assigned: Richard Fursman Project Manager Assigned: Irina Fursman City of St. Louis Park Nancy Deno Assistant City Manager Fire Chief Search 952.924.2519 ndeno@stlouispark.org Position Filled 2013. Hired Steve Koering: Assistant from Eden Prairie 47 Applicants Participated Parties: All Fire Personnel, City Management team, and Department Directors Proposal for City Administrator Executive Search: City of Stillwater 1 111=1 A Sampling of Brimeyer Fursman llc, Search Assignments 1. City Manager - Roseville, MN (pop. 36,000) 2. City Administrator - Victoria, MN (pop. 9,000) 3. City Manager - New Brighton, MN (pop. 24,000) 4. City Administrator - Hastings, MN (pop. 15,000) 5. City Administrator - Cottage Grove, MN (pop. 24,000) 6. City Manager - St. James, MN (pop. 5,000) 7. City Manager - Brooklyn Park, MN (pop. 6o,000) 8. City Administrator - Little Canada, MN (pop. io,000) 9. City Manager - Hopkins, MN (pop. 16,000) 10. City Manager - Bemidji, MN (pop. 24,000) 11. City Administrator - Hibbing, MN (pop. 20,000) 12. City Administrator - Hermantown, MN (pop. 7,000) 13. Clerk/Administrator - Mounds View, MN (pop. 12,000) 14. City Administrator - Orono, MN (pop. 7,000) 15. City Administrator - South St. Paul, MN (pop. 24,000) 16. Village Manager - Village of Hazel Crest, IL (pop. 15,000) 17. City Manager - Robbinsdale, MN (pop. 15,000) 18. City Administrator - Becker, MN (pop. i,000) 19. City Administrator - Arden Hills, MN (pop. io,000) 20. City Administrator - Sandstone, MN (pop. 2,000) 21. County Administrator - Chisago County, MN 22. City Manager - Prior Lake, MN (pop. 12,000) 23. City Administrator - Luverne, MN (pop. 4,400) 24. City Manager - Columbia Heights, MN (pop. 19,000) 25. City Manager - Webster City, IA (pop. 8,600) 26. City Coordinator - Minneapolis, MN (pop 370,000) 27. City Administrator - Pipestone, MN (4,500) 28. City Administrator - Marshall, MN (pop. 12,000) 29. City Administrator - Oak Park Heights, MN (pop. 3,700) 30. City Administrator - Rosemount, MN (pop. io,000) 31. City Manager - St Anthony, MN (pop. 8,000) 32. City Manager - Carroll, IA (pop. 8,000) 33. City Administrator - Savage, MN (pop. 12,000) 34. City Manager - Sheldon, IA (pop. 5,000) 35. City Administrator - Emmetsburg, IA (pop. 4,000) 36. County Coordinator - Benton County, MN (pop. 30,000) 37. City Manager - Mankato, MN (pop. 31,500) 38. City Administrator - North Mankato, MN (pop. 11,000) 39. City Manager - Robbinsdale, MN (pop. 14,000) 40. City Administrator - Worthington, MN (pop. 10,000) 41. City Administrator - Farmington, MN (pop. 6,870) 42. City Administrator - Mounds View, MN (pop. 12,600) 43. Clerk/Administrator - Centerville, MN (pop. 2,000) 44. County Administrator, St. Louis County, MN (pop. 198,000) 45. City Administrator - Northfield, MN (pop. 15,200) 46. City Manager - Columbia Heights, MN (pop. 19,000) 47. City Manager - Benson, MN (pop. 3,500) 48. City Manager - Storm Lake, IA (pop. 9,000) 49. City Manager - West St. Paul, MN (pop. 19,000) 5o. Coordinator - Bryant Neighborhood, Minneapolis 51. Council Administrator - Red Wing, MN (pop. 15,700) 52. City Manager - Maquoketa, IA (pop. 6,000) 53. City Manager - Spencer, IA (pop. 11,60o) 54. City Administrator - Cottage Grove, MN (27,726) 55. City Administrator - St. Peter, MN (pop. 10,000) 56. City Administrator - Minnetrista, MN (pop. 3,90o) 57. City Administrator - Mahtomedi, MN (pop. 6,800) 58. City Manager - Montevideo, MN (pop. 5,50o) 59. City Administrator - Charles City, IA (pop. 8,000) 6o. City Manager - West Liberty, IA (pop. 3,000) 61. City Administrator - Mora, MN (pop. 3,000) 62. City Administrator - Baxter, MN (pop. 4,80o) 63. City Administrator - Waukee, IA (pop. 3,500) 64. Clerk/Administrator - St. Joseph, MN (pop. 4,500) 65. City Administrator - Sauk Rapids, MN (pop. 10,000) 66. City Administrator - Park Rapids, MN 67. City Administrator - Dyersville, IA (pop. 3,800) 68. City Administrator - Fergus Falls, MN (pop. 13,000) 69. City Manager - Brookings, SD (pop. 18,000) 70. City Administrator - West Burlington, IA (pop. 3,000) 71. City Administrator - Wayne, NE (pop. 5,00o) 72. County Administrator - Becker County, MN (pop. 30,000) 73. City Administrator - Sauk Centre, MN (pop. 3,800) 74. City Administrator - Mounds View, MN (pop. 12,900) 75. City Administrator - Shorewood, MN (pop. 7,000) 76. City Administrator - Andover, MN (pop. 25,00o) 77. City Administrator - Waconia, MN (pop. 6,000) 78. City Manager - New Ulm, MN (pop. 14,00o) 79. City Administrator - East Grand Forks, MN (pop. 8,000) 80. City Administrator - Stillwater, MN (pop. 16,000) 81. City Administrator - Farmington, MN (pop. 10,000) 82. City Administrator - Minnetrista, MN (pop. 4,400) 83. City Administrator - Lake City, MN (pop. 5,000) 84. City Administrator - Sarte11, MN (pop. 10,000) 85. City Manager - Moorhead, MN (pop. 32,000) 86. County Administrator - Rice County, MN (pop. 57,00o) 87. City Administrator — Northfield, MN (pop. 17,500) 88. City Administrator — Austin, MN (pop. 23,000) 89. City Administrator — South St. Paul, MN (pop. 20,167) 9o. City Administrator — Newton, IA (pop. 16,000) 91. City Administrator — Mahtomedi, MN (pop. 8,000) 92. City Manager — West Liberty, IA (pop. 3,300) 93. City Administrator — Lake Elmo, MN (pop. 7,387) 94. City Administrator — Melrose, MN (pop. 3,150) 95. Village Manager — Village of Shorewood, WI (pop. 12,000) 96. City Manager — Manchester, IA (pop. 5,000) 97. General Manager — Lake Panorama Association, IA 98. City Manager — Knoxville, IA (pop. 7,730) 99. City Manager — Yankton, SD (pop. 14,000) 100. City Administrator/Clerk — Cresco, IA (pop. 4,000) 101. City Manager/Public Works Director - Denison, IA (pop. 7,340) 102. City Manager — St. James, MN (pop. 4,700) 103. City Clerk-Administrator — Stewartville, MN (pop. 5,650) 104. City Manager — Bemidji, MN (pop. 13,000) 105. City Manager — Cedar Rapids, IA (pop. 120,000) 106. City Administrator — Ottumwa, IA (pop. 25,000) 107. City Administrator — Mason City, IA (pop. 29,000) 108. City Administrator — Worthington, MN (pop. 11,300) 109. City Administrator/Clerk — Maple Plain, MN (pop. 2,100) 110. County Administrator — Yellow Medicine County, MN 111.CityAdministrator — Lake Elmo, MN (pop. 8,000) 112. City Administrator — City of Minnetrista, MN (pop. 5,542) 113. City Administrator — Staples, MN (3,100) 114. City Administrator — Arlington, MN (pop. 2,100) 115. City Administrator — Olivia, MN (2,570) 116. City Manager — Spencer, IA (pop. 11,317) 117. City Administrator — Detroit Lakes, MN (pop. 8,300) 118. City Manager — Moorhead, MN — (pop. 34,244) 119. City Administrator — Osseo, MN — (pop. 2,500) 120. City Administrator — Owatonna, MN — (pop. 24,255) 121. City Administrator — Gaylord, MN (pop. 2,293) 122. City Administrator — City of New Prague, MN (pop. 6,787) 123. City Administrator — City of Rosemount, MN (pop. 22,397) 124. City Administrator — Kenyon, MN (pop. 1,696) 125. City Manager — City of Canton , SD (pop. 3,110) 126. City Manager — City of Aberdeen, SD (pop. 25,000) 127. City Administrator — City of Newport, MN (pop. 3,565) 128. City Administrator — City of Hermantown, MN (pop. 9,192) 129. City Administrator — City of Barnesville, MN (pop. 2,200) 130. City Clerk/Administrator — City of Caledonia, MN (pop 3,000) 131. City Manager — City of Albert Lea, MN (pop 18,000) 132. City Administrator — City of Arden Hills, MN (pop 10,000) i 1 1 a t e r IMF OIRTNELACE OF MINNESOTA CITY COUNCIL MEETING MINUTES September 16, 2014 REGULAR 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 Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Police Chief Gannaway Deputy Fire Chief Ballis Public Works Director Sanders Finance Director Harrison City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Kozlowski, seconded by Councilmember Polehna, to approve the September 2, 2014 regular and recessed meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Certificate of Appreciation: McKusick Lake Pier - McKusick Lake Water Association, Sunrise & Noon Rotary Club Mayor Harycki presented Certificates of Appreciation to Bruce Werre, McKusick Lake Water Association; Molly O'Rourke, Noon Rotary; and Steve Madson, Sunrise Rotary, for assistance with funding, development and construction of a fishing pier on McKusick Lake. Presentation - Pollinator Friendly Community - Laurie Schneider Laurie Schneider and Marcie Forsberg, beekeepers, stated a group of concerned people and organizations from in and around Stillwater want to help create a healthy and safe environment for pollinators. They would like to encourage public education and awareness, planting pollinator - friendly plants, and creating safe havens for pollinators by developing a pest management system that has safe alternatives to harmful pesticides. Andrea Rustad, Stillwater High School student, told the Council the youth in the community are very concerned about the health of pollinators. City Council Meeting September 16, 2014 Lex Horan, Pesticide Action Network, explained why the pollinator population is declining. Dr. Vera Krischik, Professor of Entomology, Agricultural and Natural Resource Sciences at the University of Minnesota, reviewed the main contributors to bee decline and the effects of neonicotinoid insecticides. These are in many common homeowner pesticides. Councilmember Menikheim thanked the group for their presentation. He suggested staff be asked to work on an ordinance regulating use of neonicotinyls. Councilmember Polehna indicated that he has learned the problem affects a lot more than the local area. It needs to go to a higher level, involving major retailers and others outside the community, and Ms. Horan responded that regulatory agencies have not yet caught up with science to take actions needed. Education needs to involve state and federal decision makers. Mayor Harycki recessed at 7:40 p.m. Mayor Harycki reconvened the meeting at 7:45 p.m. OPEN FORUM Susie Sanderson, 304 N. 3rd Street, stated the library is the worst neighbor she has ever experienced. She expressed concerns about the outdoor night club atmosphere and blocked driveway every weekend. She has spoken with Police Chief Gannaway about the noise and other issues, but nothing happened and staff ignores the issues. She requested that enforcement be done and she feels that she should not call 911 when these occurrences happen. Councilmember Kozlowski remarked he has witnessed the problems. The Council needs to remedy the problem. Councilmember Menikheim stated he will talk to the Library Board about the concerns expressed. Jerry Helmberger, 303 Fourth St. N., echoed the concerns about noise. He has communicated with Library Board members. He believes neighbors are now considered bothersome neighbors that cannot be satisfied, which is not true. There are simple solutions to the noise issue. Some of the responses from City staff have been frustrating. Police Chief Gannaway stated Washington County stated that all calls whether non -emergency or emergency have to be sent through the 911 system per Washington County policy and requested that Ms. Sanderson call 911 when these situations are happening... Mr. Helmberger expressed a concern about transient houses, that are not licensed, that allow overnight rental - air Bed and Breakfasts (B & Bs). He believes they should pay the lodging tax and be licensed and subject to all applicable ordinances. Councilmember Kozlowski suggested the Convention and Visitor Bureau might help develop regulations for air B & Bs. STAFF REPORTS City Clerk Ward informed the Council that the Name the Park Contest has 209 entries and ends September 17th at midnight. Community Development Director Turnblad noted that staff is still working on purchasing the remnant of the Palmer property, near County Road 15 and Highway 96, from Washington County. Page 2 of 10 City Council Meeting September 16, 2014 Public Works Director Sanders reported that street improvements have started. The contractor is considering doing night construction, which will have less impact on traffic, but may violate night noise ordinances. He requested Council permission to continue talking with the contractor about the project. Council consensus was to allow night construction. City Administrator Hansen noted that Washington County is still in negotiation for the purchase of the Aiple Property. The property owners have requested naming rights for all or a portion of the property to be named after the former owners of the property (Aiple). Councilmember Weidner commented he would not favor this, but does not know if it could be considered a deal breaker. City Administrator Hansen then pointed out that Log Jam owes the City approximately $7,000, but he expects this will be reduced. CONSENT AGENDA Resolution 2014-148, directing payment of bills Possible approval of sanitary sewer adjustments Possible approval to purchase switch for Public Works — MIS Possible approval to purchase firewalls for Parking Ramp, Recreation Center, Lily Lake Arena and City Hall Resolution 2014-149, approving issuance of Sunday Taproom Liquor License to Maple Island Brewing, LLC, DBA: Maple Island Brewing Possible approval of capital release request — Library Possible approval of Special Event - Lift Bridge Beer Run Possible approval of temporary liquor license- Valley Chamber Chorale, December 12, 13, and 14, 2014 Motion by Councilmember Weidner, seconded by Councilmember Kozlowski, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Nays: None PUBLIC HEARINGS Case No. 2014-27. 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. Mayor Harycki opened the public hearing. Motion by Councilmember Kozlowski, seconded by Councilmember Polehna, to continue the public hearing and table Case No. 2014-27 to the October 7, 2014 meeting as requested by the applicant. All in favor. Page 3 of 10 City Council Meeting September 16, 2014 Case No. 2014-28. 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. Community Development Director Turnblad reviewed the request that the applicant has not purchased the home, but has permission from the property owner to apply for the B & B. Three guest rooms are proposed. Proposed additions will bring the square footage to about 3,300, meeting the size requirement for three guest rooms. Three parking spaces are required, plus two parking spaces for the owners. Installation of a three stall parking surface is proposed. A variance to the ordinance requiring at least 900' between B & Bs is requested. Staff recommends approval of the Special Use Permit (SUP) and the 900' buffer variance, with conditions recommended by the Planning Commission: The maximum number of guest rooms will be limited to one, until construction of additions to the structure that increase the square footage to at least 3,000 sq. ft. are completed. Then the maximum number of guest rooms shall be limited to three. The owner must generally be on-site when guests are in the home. Guests may not be served lunch or dinner from the B & B's kitchen, only breakfasts. Guests may stay no longer than a week at a time. Registered guests must park in the designated off-street parking area. Plans shall be submitted to, and reviewed by, the Fire Marshal and the Building Official before the SUP becomes effective. Plans for exterior additions and/or significant alterations shall be reviewed by the Heritage Preservation Commission (HPC) for consistency with the Secretary of the Interior's Standards for Rehabilitation. 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. Prior to installing an exterior sign, it must be reviewed and approved by the Community Development Department. Prior to constructing the parking lot, the owner must submit an exterior lighting plan to the Community Development Department for review and approval. An annual fire code inspection shall be allowed by the owner. Carbon monoxide detectors and smoke detectors must be hard wired, rather than operated with batteries, and must be completed before the SUP will become effective. 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 SUP will become effective. The owner must provide the City Finance Director with the B & B's Tax ID number before the SUP will become effective. Lodging guest quiet hours must be observed between 10 pm and 8 am. Page 4 of 10 City Council Meeting September 16, 2014 The permit shall only be effective upon the sale of the property to Ms. Renee Haugen. Mayor Harycki opened the public hearing. Jim McKinney, 410 W. Rice St., directly across the street from the proposed B & B, noted there was considerable discussion at the Planning Commission hearing about the number of guest rooms proposed. The initial recommendation of staff was for five guest rooms, which would not comply with the ordinance. There was no documentation of discussion from the HPC. He questions whether this is an appropriate site for a B & B. The B & B ordinance clearly states that the SUP process is simply to provide a path to preserve historically and architecturally significant homes too large for today's families, not to expand the size of a home so it becomes economically viable. He has no doubt Ms. Haugen would be a great neighbor, but is not fond of the business plan. He urged the Council to deny the permit because the dead end of Rice St. has no sidewalks, there are lots of kids who play on streets and the addition of significant number of new cars would be a problem. He would not enjoy looking out his window seeing a parking lot across the street. He is fearful of any business being introduced on that bluff line as one more intrusion into the residential area. Community Development Director Turnblad responded the HPC will review any remodeling or additions proposed. The ordinance states the HPC will review the proposal to determine the number of guest rooms. This has not been done yet. John Mclndoe, 115 N. Harriet St., stated he is eager to see the property restored to its previous condition. His concerns focus on safety issues related to the uncontrolled intersection, the steep hill on Harriet, and the parking plan which he feels destroys the backyard and interferes with several underground utilities. He asked if the property is purchased by Ms. Haugen, but not developed into a B & B and later sold, would it be eligible for development as a future B & B? Carol McKinney, 410 W. Rice St., asked the Council why it has ordinances that are not enforced. The neighborhood was not informed adequately of the proposed plans. Neighborhood concerns seem to be secondary to the promoting of business in the neighborhood. Staff seems more supportive of the applicant than the residents, which seems wrong. Madeline Mclndoe, 115 N. Harriet St., stated she would prefer to see exact plans for parking. If the applicant does not buy it, she would prefer for the property to remain RB two family. She asked how many years the applicant would be allowed to make the additions necessary to have more than one guest room. She also asked if it never functions as a B & B, is it still able to be sold as a bed and breakfast? Many issues are not really clear in this request. The neighborhood is tight- knit, so it is hard to see a major change without the neighborhood becoming comfortable with it. Community Development Director Turnblad replied the Planning Commission's recommended conditions of approval state the permit shall only be effective on the sale of the property to Ms. Haugen. If she purchases it but never uses it as a B & B, the unused SUP expires after one year. City Attorney Magnuson added that state law dictates that a SUP usually runs with the land. It is very unusual to have the land use issue dependent on the identity of a particular owner. Tom Lynum, Sauntry Mansion B & B, 626 4th Street N, pointed out that the B & B SUP is not transferable. B & Bs also are subject to County health regulations and fire codes - they are all intertwined. Alice Columbo, 215 N. Harriet St, stated she wants the property to remain as it is. She urged the applicant to move in and live there. Page 5 of 10 City Council Meeting September 16, 2014 Renee Haugen, applicant, stated she does not want to upset the neighbors. The City Planner did not help her fill out the application, but provided guidance. She is as concerned about traffic as are neighbors, however this would be a three bedroom B & B which would not generate as much traffic as if she had lots of kids and their friends visiting all the time. She feels she would be a really good neighbor, her intentions are good. She has the ability to make the home more beautiful than it is today. If it becomes a hostile environment for her to move into, that would not be good for anyone either. She would like to see a stop sign installed, but also would like to see children play away from the streets as there is a steep incline. Michelle Cherrier, 418 Rice St. W., spoke against the proposal. She loves the neighborhood because it is so quiet. There are no sidewalks, Rice St. is narrow and has little room for snow storage. Michael Obermueller, 201 Martha St. N., spoke about traffic issues. The density of children is high. Most existing B & Bs are on main thoroughfares. Commercialization of a property in this neighborhood will alter the essential character of the neighborhood. Steve Walquist, 121 N. Martha St., stated the neighborhood is close-knit and very inclusive. He questioned whether three parking spaces would be adequate as couples may have two cars. He would like to keep the neighborhood residential and does not feel it is the place for a commercial operation. Jerry Helmberger, Aurora Staples Inn, stated he likes the 900' buffer requirement. Patricia Sawyer, 108 N. Harriet St., stated why have ordinances if they are not followed. It is a tight -knit neighborhood. She is concerned for safety of children in the area and would not like to see the B & B. Mayor Harycki closed the public hearing. Mayor Harycki stated he has a problem considering the 900' buffer with other B & Bs. The proposed site is closer to Rivertown Inn and Aurora Staples than 900'. The radius was established for a reason. The neighbors have a point and he feels the Council should deny the SUP. Councilmember Kozlowski agreed the 900' buffer was set for a reason. Traffic concerns are something the neighborhood will have to deal with whether it is a B & B or any other property. He is surprised that the plans to rehabilitate the property are not more appealing to neighbors. He would like to support the proposal, but also sees the reason for the 900' buffer. Councilmember Menikheim commented an ordinance is an ordinance. There is a risk to the neighborhood with an unknown entity coming in suggesting a change. He urged the applicants to fix it up before applying for the SUP, and while it is being fixed up, become familiar with the neighborhood. Councilmember Weidner stated he feels the proposal fits the characteristics of the ordinance, but there is not enough information on the specifics. He would like to see the HPC comments after they review it. Councilmember Kozlowski noted if it were large enough in its original form to sustain a B & B it would be hard for him to deny, but enlarging a smaller home to make it fit the ordinance makes it harder for him to support. Councilmember Polehna stated he has heard only one complaint on B & Bs in his tenure on the Council and feels that thee fear factor gets exaggerated. He would be more worried about the Page 6 of 10 City Council Meeting September 16, 2014 bicycle traffic in the neighborhood when the trails open. He also would like to hear input from the HPC. Community Development Director Turnblad reminded the Council the HPC would review the proposal for the number of rooms. Councilmember Kozlowski commented one difficulty is that the proposal deals with a hypothetical space before it is increased to the size needed for the number of rooms being requested. Community Development Director Turnblad noted that exterior additions on B & Bs need to be reviewed by the HPC. Architectural plans have not been drawn yet so there is nothing for them to review. He continued by stating that this is a Catch-22 is if the SUP is not going to be issued, then the applicant will be wasting money on architectural plans. He stated that currently, the existing home would be allowed one guest room. Mayor Harycki reminded the Council the street is very narrow. With snow there, it would be tighter. The City has an ordinance requiring at least 900' between B & Bs for a reason. Councilmember Weidner echoed that the 900' buffer is there for a reason but there is a variance process. Councilmember Menikheim remarked his concern is not about the 900' buffer variance, it is about being asked to approve the SUP 011 a promise, not an entity. He urged the applicant to come back and ask for the SUP after the work of the additions has been done. Councilmember Polehna stated that it wouldn't make sense for the applicant invest the money without knowing if she would obtain the SUP. Community Development Director Turnblad reminded the Council that the Planning Commission recommendations state if it opened today, it could only have one guest room. As proposed additions are added, enough space could be added to have a total of three guest rooms. The maximum number of guest rooms is set by the number of bedrooms original to the house as well as square footage of the house and the lot size. Ms. Haugen told the Council the house has to have square footage added to make it livable. She is not looking to add bedrooms, but adding amenities that make it viable. Mr. Walquist commented the house sits on a prime piece of property and felt if the request is not approved, someone will buy it and restore it to something everyone can be proud of. His opinion was that a B & B is not the only option for this house. Mayor Harycki reiterated he is against the proposal. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to approve the resolution for a SUP with conditions recommended by staff, as a one guest room B & B, requiring any additions to be approved by the HPC, and with the HPC also to confirm the original number of bedrooms as relate to the ordinance. Ayes: Councilmembers Weidner, Polehna Nays: Councilmembers Menikheim, Kozlowski, Mayor Harycki Page 7 of 10 City Council Meeting September 16, 2014 UNFINISHED BUSINESS Proposed plan for the removal of the Zephyr train City Attorney Magnuson summarized what has happened over the last two weeks. He talked to representatives of the Minnesota Transportation Museum who stated the train and vehicles have no value to them, only salvage value. A train collector from Utah, with a locomotive repairman and engineer from Atlanta, examined the trains and determined installing knuckles to move them like rail cars would cost approximately $100,000 which is not feasible. Their value is in salvage only, to be parted out on site. Mr. Paradeau stated yesterday that he has to secure a release from the people he sold the trains to. The trains could be parted out on site which would take 1-2 weeks. He recommended waiting till the next meeting to take further action. Councilmember Menikheim stated he would like to have the trains gone before the trail opening ceremony. Councilmember Weidner asked about the cost of moving the trains to a rail yard elsewhere and whether those costs could be assessed. Parting them out is not the City's issue. City Attorney Magnuson replied the costs of moving the trains could probably be assessed because appropriate notices have been sent. He will see whether the Minnesota Transportation Museum can help find a spot for the trains and will update the Council at the next meeting. Possible approval of extension agreement with Stillwater Caves LLC City Attorney Magnuson explained he emailed the addendum for Stillwater Caves LLC to the developers' lawyer on September 4 for signatures, but has not heard back yet after several emails and phone calls. He was told the developers are trying to confirm whether Central Bank has any objection to what was proposed in the addendum. Mayor Harycki asked what could the bank object to? He is getting uncomfortable with the developer missing deadlines, and is not interested in extending the agreement. Councilmember Kozlowski agreed the issue seems more challenging than it should be, but he sees no harm in extending the agreement. City Attorney Magnuson clarified the Council has granted the extension to December 31, 2014. What the developers have not done is sign the addendum, so they may think the signature is all that is needed. Councilmember Menikheim suggested giving the developers one more try and telling them it is the last chance to go forward with the project. Councilmember Weidner pointed out if the Council did not state that the addendum had to be signed by the next meeting, he does not believe the Council can revoke it. City Attorney Magnuson agreed to inform the developers that the addendum must be signed by the next meeting. NEW BUSINESS Possible approval of Special Meeting for General Election Canvasing Board City Clerk Ward explained a special meeting needs to be set for the municipal part of the election. She recommends meeting Thursday, November 13 at 8 a.m. Page 8 of 10 City Council Meeting September 16, 2014 Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski, to hold a general election canvasing board meeting November 13 at 8 a.m. All in favor. Possible approval of 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 Community Development Director Turnblad presented a draft ordinance that would index the valuation of a design permit. Mayor Harycki suggested defining the standards adding the actual index used. Community Development Director Turnblad stated staff can add the reference for the second reading. Motion by Councilmember Kozlowski, seconded by Councilmember Menikheim, to approve 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. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Nays: None Possible adoption of resolutions: 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 Finance Director Harrison presented the resolutions for approval. Councilmember Menikheim asked whether the reduction of the item for Event Coordinator from $39,000 to $10,000 could be revisited. City Administrator Hansen replied the Council may revisit the allocation, but increasing it would necessitate moving funds from another part of the budget. Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt Resolution 2014-150, adopting the proposed tax levy for the payable year 2015. Ayes: Councilmembers Menikheim, Kozlowski, Polehna, Weidner, Mayor Harycki Nays: None Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt Resolution 2014-151, adopting the proposed budget appropriations for the year 2015. Ayes: Councilmembers Menikheim, Kozlowski, Polehna, Weidner, Mayor Harycki Nays: None Motion by Councilmember Weidner, seconded by Councilmember Kozlowski, to adopt Resolution 2014-152, setting payable 2015 Truth -In -Taxation public meeting date. Ayes: Councilmembers Menikheim, Kozlowski, Polehna, Weidner, Mayor Harycki Nays: None Page 9 of 10 City Council Meeting September 16, 2014 COUNCIL REQUEST ITEMS Councilmember Polehna noted that the Hunt for Troops is scheduled for November 1. So far over $13,000 has been raised and field sponsors are still needed. Councilmember Menikheim notified the Council that a documentary by the filmmaker the Council is considering engaging to do a film about Stillwater will have a showing at the library. It is a film about Thurgood Marshall. ADJOURNMENT TO EXECUTIVE SESSION Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adjourn the meeting at 10:04 p.m. to executive session for City Administrator performance review. All in favor. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2014-148, directing payment of bills Resolution 2014-149, approving issuance of Sunday Taproom Liquor License to Maple Island Brewing, LLC, DBA: Maple Island Brewing Resolution 2014-150, adopting the proposed tax levy for the payable year 2015 Resolution 2014-151, adopting the proposed budget appropriations for the year 2015 Resolution 2014-152, setting payable 2015 Truth -in -Taxation Public meeting Page l0 of 10 11Water STILLWATER CITY COUNCIL SERVICE AWARD THE BIRTHPLACE OE MINNESOIA On behalf of a grateful city and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to emu,/ .lVbi For her efforts in coordinating, communicating goals, and guiding AP Art class students through the process to design a new Human Rights Commission logo that communicates Stillwater's commitment to human rights, and a tabletop display for interaction with the Stillwater community, and for outstanding service in support of the City of Stillwater's mission. Ken Harycki, Mayor Date of Recognition: October 7, 2014 11Water STILLWATER CITY COUNCIL SERVICE AWARD THE BIRTHPLACE OE MINNESOIA On behalf of a grateful city and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Swn a egen, SAHS AP Art Student, For his creative efforts in redesigning a new Human Rights Commission logo that communicates Stillwater's commitment to human rights, that will be displayed for interaction with the Stillwater community for many years to come, and for outstanding service in support of the City of Stillwater's mission. Ken Harycki, Mayor Date of Recognition: October 7, 2014 11Water STILLWATER CITY COUNCIL SERVICE AWARD THE BIRTHPLACE OE MINNESOIA On behalf of a grateful city and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Nate Wuie,ton SAHS AP Art Student For his creative efforts in designing a new Human Rights Commission tabletop display that communicates Stillwater's commitment to human rights, and will be utilized for interaction with the Stillwater community for many years to come, and for outstanding service in support of the City of Stillwater's mission. Ken Harycki, Mayor Date of Recognition: October 7, 2014 41Ik AM. A. AMIlk AP City o� ti.Q.Qwaten, L U iii nesota P oeQaunation • r WHEREAS, the City of Stillwater is committed to ensuring the safety and security of all those living in and visiting our community; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, home fires killed more than 2,300 people in the U.S. in 2012, according to National Fire Protection Association (NFPA), and fire departments in the U.S. responded to 365,000 home fires; and WHEREAS, working smoke alarms cut the risk of dying in reported home fires in half; and WHEREAS, three out of five home fire deaths result from fires in properties without working smoke alarms; and WHEREAS, in one-fifth of all homes with smoke alarms, none were working; and WHEREAS, when smoke alarms should have operated but did not do so, it was usually because batteries were missing, disconnected, or dead; and WHEREAS, Stillwater's residents should install smoke alarms in every sleeping room, outside each separate sleeping area, and on every level of the home; and WHEREAS, residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and WHEREAS, the Stillwater Fire Department is dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, the City of Stillwater's residents are responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes; and WHEREAS, the 2014 Fire Prevention Week theme, "Working Smoke Alarms Save Lives: Test Yours Every Month!" effectively serves to remind us that we need working smoke alarms to give us the time to get out safely. THEREFORE, I Ken Harycki, Mayor of the City of Stillwater, do hereby proclaim October 5 - 11, 2014, as Fire Prevention Week in the City of Stillwater, and I urge all the people of Stillwater to test their smoke alarms monthly by pushing the test button, during Fire Prevention Week 2014, and to support the many public safety activities and efforts of the Stillwater Fire Department. 1 1"ani5 City oti S tiQQwaten, Jt. ioiesota Centitieate of LAprieciation presented to WHEREAS, Tim "TJ." Bell has served the Stillwater Fire Department in numerous capacities from Firefighter to .Assistant Chief for over forty five years; and WHEREAS,J. has worked tirelessly during his forty five years of service to make the City of Stillwater and its surrounding communities a safer place; and WHEREAS, guided by his leadership, dedication and commitment, the Stillwater Fire Department is respected and recognizedfor outstanding service to the community with stellar _programs; and WHEREAS, he has participated in successfully navigating the Fire Department through mornentous changes from the days of the `fire phone" to the implementation of in -vehicle computers; and WHEREAS, while acknowledging and honoring the ,Fire Departments past, he is participating in the Departments major buifcCing project of a new station, modernizing and expanding the Fire Department for the future; and WHEREAS, 'LJ brings his enthusiasm, knowledge andpassion to the Fire Departments mission every day. NOW THEREFORE, I KEN HARYCKI, by virtue of the power vested in me as _Mayor of the City of Stillwater, in the State of Ntinnesota, do hereby recognize Jim Bellfor his forty five years of service to the City andresidents of Stillwater. IN WITNESS WHEREOF I have hereunto set my hand and caused the Seal of the City of Stillwater to be affixed on this 7th day of October, 2014. - _ v cAiayo!t vw 41. "..1111.1.1111,--.--•..a 7 a ���• City o� S ti 2Qwaten, gill innesota Centitieate o f LAppkeeiation pneseoted to 1 WHEREAS, Tom Cinhoff has served the Stillwater Fire Department in numerous capacities from Firefighter to .Assistant Chief for over forty years; and WHEREAS, Tom has worked tirelessly during his forty years of service to make the City of Stillwater and its surrounding communities a safer place; and WHEREAS, guided by his leadership, dedication and commitment, the Stillwater fire Department is respected andrecognizedfor outstanding service to the community with stellar programs; and WHEREAS, he has participated in successfully navigating the Fire Department through momentous changes from the days of the `fire phone" to the implementation of in -vehicle computers; and WHEREAS, while acknowledging and honoring the fire Departments past, he is participating in the Departments major building project of a new station, modernizing and expanding the fire Department for the future; and WHEREAS, Tom brings his knowledge, enthusiasm andpassion to the fire Departments mission every day. NOW THEREFORE, I KEN HARYCKI, by virtue of the power vested in me as Mayor of the City of Stillwater, in the State of Minnesota, do hereby recognize Tom £inhofffor his forty five years of service to the City of Stillwater. IN WITNESS WHEREOF I have hereunto set my hand and caused the Seal of the City of Stillwater to be affixed on this 7th day of October, 2014. City of Stillwater Trails Master Plan Date: October 7, 2014 To: Mayor, City Council, City Administrator Bill Turnblad, Community Development Director Abbi Wittman, City Planner From: Melissa Douglas, Planning Consultant Re: City of Stillwater, Trails Master Plan Update Background In April 2014, the City Council retained me to assist with an update to the City of Stillwater's Trail Master Plan. The impetus for the proposed update was the anticipated completion of two major additions to City's trail system in the next three years, Brown's Creek Trail and the Saint Croix Valley Loop Trail. The Council designated the Planning Commission to lead the Trail Master Plan update with support and input from the Parks Commission. This memorandum provides the City Council with a progress report on the plan update. When complete, the updated Trail Master Plan will include: 1. Current inventory of existing trails, amenities, signage and facilities 2. Vision statement and principles to guide planning 3. Discussion of needs and issues 4. Planned and proposed trail options, amenities, signage and facilities 5. Implementation plan with goals, policies, standards and priorities 6. Revised and updated maps and other graphics Work began in May with a joint visioning workshop with the Planning and Parks Commissions. The commissions have continued their discussions on the plan update at their regular monthly meetings. The commissions have completed Tasks 1 through 3 outlined above and are currently drafting proposed facility improvement plans as part of Task 4. Work to date is summarized in the following sections. Throughout this process, staff has consulted with stakeholders and other agencies and jurisdictions and provided that input to Commissions. Additional public input opportunities are planned once a draft plan is available. Vision and Guiding Principles Based on discussions at the initial joint workshop and refined in subsequent sessions, both the Planning and Parks Commission recommend the following vision statement and guiding principles for the Trails Master Plan update: City of Stillwater Trails Master Plan Update Vision Build on Stillwater's history and natural setting to become a leading active transportation community and one of Minnesota's premier trail destinations. Guiding Principles Community. A destination trail system that serves the people of Stillwater as well as visitors, businesses and employers. Promotes tourism, job creation and economic vitality. Provides access to nature and understanding of the city's history. Safety. A trail system that ensures safe recreation and travel for all trail users regardless of age or ability. Encourages activity and wellness. Accessibility. A trail system that is easily accessed and accommodates a mix of users inclusive of all abilities. Information about the trail system is readily accessible and easy to understand. Connections. A trail system that links neighborhoods, schools, employment opportunities, commercial areas, regional trails and public transportation and connects members of the community to each other and the landscape. Communication. A trail system that educates and interprets the landscape and natural setting, uses technology to make information widely available and includes signage that is clear and informative. Planning Issues and Opportunities Next, the Planning and Parks Commissions outlined a draft scope for the updated Trails Master Plan, including general, city-wide topics as well as issues and opportunities for specific corridors. We expect the list to continue to evolve through the planning process. General, city-wide issues: • Develop a bicycle system plan including bicycle parking as part of the City's transportation plan • Provide safe and comfortable walking routes to schools and neighborhood commercial areas • Enhance access to greenways, ravines, parks and natural areas • Add new sidewalks as needed to complete sidewalk system, especially in the north hill. • Improve accessibility and compliance with ADA (Americans with Disabilities Act) • Add neighborhood connections to regional trail system, downtown and commercial areas • Ensure safety for pedestrians and cyclists especially in high traffic areas • Include historic stairway system as part of trail system especially maintenance/reconstruction needs • Develop comprehensive and cohesive communication strategies that promote Stillwater and its trail system • Plan for needed amenities (restrooms, parking, water stations, trash cans, etc.) • Promote activity by creating and advertising walking routes or fitness trails 2 City of Stillwater Trails Master Plan Update Specific corridors and locations for additional discussion/consideration: • Trail head locations for regional trails • Highway 36 frontage road • Highway 95 • Highway 5 • County Road 15/Manning Avenue • County Road 12/Myrtle Street • Greeley Street • Third Street • Neal Avenue • Boutwell Road • Eagle Ridge Trail • Curvecrest Boulevard and surrounding office/industrial area Highway 5 Pedestrian and Facility Improvements Washington County is currently developing a plan for pedestrian and bicycle improvements for certain segments of Highway 5 in Stillwater — from Croixwood Boulevard to Owens Street and from Linden Street to Highway 96. Olive Street to Linden Street is not part of this study. (See attached summary.) The final plan would include priorities for specific safety improvements in the corridor. The County's stated goals for the plan include: • Develop and evaluate concept designs for pedestrian and bicycle connections between County Road 5, adjacent neighborhoods and the new Browns Creek Trail. • Improve pedestrian crossing operations and safety across County Road 5 at McKusick Road (County Road 64), where a heavily used trail intersects County Road 5, and at Elm Street near Stonebridge Elementary School. • Provide a separated pedestrian facility (sidewalk or multi -use trail) on one or both sides within the County Road 5 corridor between Dundee Place and Deer Path. • Improve pedestrian crossing operations and safety across and along County Road 5 in the vicinity of Pine Street, near Lily Lake Elementary School. The Planning and Parks Commission reviewed existing conditions in these areas and proposed pedestrian and bicycle facility recommendations for the County Road 5 corridor in context of the community -wide system. Next Steps At their October meetings, the Planning and Parks Commission will review the Bicycle Friendly Community Assessment completed by BikeMN and consider how to incorporate the findings and recommendations into the Trails Master Plan update. Work will continue on bicycle facility planning including trailheads, signage and other amenities. The Commissions will review current sidewalk standards and consider proposed updates to those standards. 3 City of Stillwater Trails Master Plan Update A draft plan should be ready for Council review and public input in late 2014/early 2015. To allow time for revisions after public input, public hearings for adoption of a final updated plan would likely occur in March or April 2015. and 4 COUNTY R (JA lip from Croixwood Blvd to Owens Street and from Linden Street to TH 96 • Design Study of Pedestrian and Traffic Improvements Swenson St - Oak -Glen -La— _ 90th St-N—CO � a (0mi. �0 0 N pellwood Rd N� 0 0 z CO z St m cu rnel 75th st N aaverrYAie m Croix woo // 0 hs oho McKusick Lake mayor pr t'MINNESOTA 96 W-Haze�l5t� W -Popular St W -Moore -St WS W Sycamore St t Croix -Ave W StiII 0 W -Wilkins W -Aspen -St ter Ave -Elm-St Meadow lark Dr W -kory St W Maple W Laurel St W Elm St E-Sa int "EsI -E-StiII Study Overview SEGMENT 1: Croixwood Boulevard to Pine Tree Trail SEGMENT 2: Pine Tree Trail to Owens Street SEGMENT 3: Linden Street to St. Croix Avenue SEGMENT 4: St. Croix Avenue to TH 96 Note: Olive Street to Linden Street is not part of this study TheCountyRoad5studywillevaluatevarious options for each segment, but some specific goals of the project include: W -Linden St Nvor Interlachen-Dr W -Mulberry St W -Ramsey St W -Olive St eado WOak St Oak ridge Rd Pine St WWillard S� u 7 -Abbott -S tage or m 0 ra a W -Orleans -St Curve -Crest -Blvd t'MINNESOTA 36 0 0 Tower -Dr -W ra 0 Industrial -Blvd 60th St N h Shelton -Dr —W -Anderson St 4.5 a W J. 1EJerett-Dr__i OJ J1/2 rti.exOC ( 0° v W Ha W Orleans St z a' v 0 59th St N 2014 PROJECT SCHEDULE JAN FEB MAR APR MAY JUNE JULY Concept February Development -April 4 Review of concept OPEN HOUSE OPEN HOUSE designs and preliminary costs Development Preferred Alternative of a Develop and evaluate concept designs for pedestrian and bicycle connections between County Road 5, adjacent neighborhoods, and the new Browns Creek Trail. Improve pedestrian crossing operations and safety across County Road 5 at McKusick Road (County Road 64), where a heavily used trail intersects County Road 5, and at Elm Street near Stonebridge Elementary School. Provide a separated pedestrian facility (sidewalk or multi -use trail) on one or both sides within the County Road 5 corridor between Dundee Place and Deer Path. Improve pedestrian crossing operations and safety across and along County Road 5 in the vicinity of Pine Street, near Lily Lake Elementary School. Outcome: A prioritized plan for strategic safety and infrastructure improvements through the corridor. Washington County EXHIBIT "A" TO RESOLUTION #2014-153 Page 1 LIST OF BILLS 4 Front LLC Ace Hardware Action Rental Inc. Adams Dave Advanced Sportswear AIR Corval Constructors Amano McGann Inc APWA Armor Security Inc. Arrow Hockey and Sport Aspen Mills Astleford International Atlas Foundation Company LLC BCA -UTE Bells Trucking Inc. Bells Trucking Inc. Board of Water Commissioner Bornt Rich Bryan Rock Products Inc. C. Hassis Snow Removal and Yard Services Carbones Pizzeria & Pub Carquest Auto Parts CDW Government Inc. Century College Century Link Century Power Equipment Clark Dan County Materials Corporation Creative Homes Inc Crosstown Masonry Inc Cub Foods Delta Dental Plan of Minnesota Discount Steel Inc. ECM Publishers Emergency Apparatus Maintenance Emergency Automotive Technologies Inc. Environmental Equipment & Services Fastenal Company Fire Safety U.S.A. FleetPride Fury Stillwater G & K Services Galls Gartner Restaurant Holdings LLC GCR Minneapolis Truck Tire Ctr Geier Maureen Gopher State One Call Inc. Allstate vinyl floor graphic Supplies Concrete and mixing trailer Reimburse for work boots Uniforms and supplies Work on RTUs Labor Chapter dues Quarterly Monitoring Service Skates Uniforms Correction of invoice T308101 Lowell Park Bathrooms CE courses 903 2nd St S - Demo Garage Demo Bathrooms WAC Charges Reimburse for web camera 3/4 with fines Yard clean up Pizza - reserves Auto parts and supplies Websence email security Training course Phone Parts and supplies Custodial service Supplies 1475 Amundson Ln Grading Escrow Refund Fire hall Cake AP COBRA Dental Supplies Publications Repair fire vehicle Repair fire vehicle Gutter brooms Parts and supplies Supplies Fitting Service Mats Uniforms and parka Concession supplies July Aug 2014 Tires Reimburse for mileage MBPA mtg Tickets 225.00 86.25 460.00 154.99 893.10 2,900.63 253.00 130.50 84.00 64.62 397.21 132.38 20,030.00 115.00 1,500.00 5,500.00 2,574.00 32.01 802.06 908.44 165.94 117.23 3,450.80 435.00 120.77 224.26 1,586.25 1,503.00 1,500.00 114,000.00 38.67 210.50 129.03 204.45 948.14 12,995.91 1,260.00 672.61 50.50 686.52 84.98 60.48 522.80 2,253.92 484.05 52.64 536.90 EXHIBIT "A" TO RESOLUTION #2014-153 Page 2 Government Finance Officers Asso Granicus Inc GS Direct Inc. Hardwood Creek Lumber Inc. HealthSource Solutions Hennepin Technical College Heritage Printing Inc. Holiday Credit Office Hydrocon I- State Truck Center Infratech Inc. J.H. Larson Company Jefferson Fire and Safety Inc. Johnson Glen Kirvida Fire Inc. Kraus -Anderson Laerdal Medical Corporation Lake Country Door LLC Lakeview Hospital Lennar of Minnesota Linner Electric Co. Loffler Companies Inc. Lynsky & Clark Companies M.J. Raleigh Truck Co. MailFinance Inc Mansfield Oil Company Marshall Electric Company Marshall Electric Company McDonough's Waterjetting Menards Meredith Nathan Metropolitan Council Metropolitan Council MHSRC/Range MidAmerica Tech & Enviro MN Dept of Labor and Industry MN Dept of Public Safety MN Dept of Transportation MN Local Technical Assistance Program MN State Colleges & Univ. MN Utilities & Excavating LLC Municipal Emergency Services MWOA NAPA Auto Parts Nardini Fire Equipment Natural Resource Group LLC Network Design Inc. Office Depot Polar Chevrolet Membership Qtrly web streaming service Plot paper Lumber Wellnes program Training course White window envelopes UB stmts Fuel Rebuild catch basins Valve Pipe repair San bowl cleaner 5 Fireaid foam 5 gal pails 900 920 930 Town Cir Grading Escrow Refund Install drive belt on waterous CAFS compressor Construction mgmt services Little Annes Repair 2 doors Legal blood draws Grading Escrow Refund Wire for new service Server, Image runner Developer deposit refund MBM Dev - Fairview C5 and topsoil Folding Machine Lease Fuel Public restrooms Flag pole Tight Augered slow floor drain in fire dept. Supplies Reimbursements - Seminar Monthly SAC Wastewater charge Class EVOC Law Enforcment Pre -demolition environmental work Boiler license Title App Forfieture Traffis signal maint. Training workshop Heartsaver CPR/AED course card Fire Hall Survivor LED alkaline Nick Chaves and Dave Adams Registration Auto part and supplies Novec system Environmental consulting Installed outdoor cable Office supplies 2015 Chevrolet Silverado 3500 190.00 1,053.42 185.86 127.55 540.54 605.00 716.65 43.04 5,980.00 106.50 2,475.00 646.38 533.50 4,500.00 267.00 47,468.00 5,185.95 329.00 150.00 53,500.00 659.95 11, 626.44 1,414.56 471.26 1,182.85 8,701.05 1,194.00 689.00 286.84 329.59 905.61 39,362.40 125,983.61 396.00 2,556.96 6,205.21 20.75 89.20 210.00 105.00 142,500.00 269.85 40.00 652.03 233.00 845.50 380.38 237.85 26,138.60 EXHIBIT "A" TO RESOLUTION #2014-153 Page 3 Rack Solutions RiedelI Shoes Inc. River Valley Printing Inc. S&T Office Products Safe Assure Consultants Skillpath Seminars Springbrook Software Inc. SRF Consulting Group St. Croix Boat and Packet Co. St. Croix Recreation Co. Stillwater Gazette Stillwater Medical Group Stillwater Motor Company Stillwater Towing Streichers Thompson Linda Thomson Reuters Thul Specialty Contracting Titan Machinery Shakopee Towmaster Tri-State Bobcat Truck Utilities Inc. Turnblad Bill Twin City Fab Inc USAble Life Verizon Wireless Veterans Memorial WalMart Community Washington County License Center Washington County Public Safety Radio WIN -911 Specter Instruments Winnick Supply Wittman Abbi Jo Wulfing David Xcel Energy LIBRARY 1000 Bulbs.com 3M Allen Sheila Baker and Taylor Bell Maureen Blocher Carolyn Brodart Co Brookside Plumbing Inc Cassavante Michele Comcast Goeltl Keri Server cabinet Skates Business cards Office supplies Safety training Managing priorities and deadlines Licenses and permits module Professional services barge terminal Arena billing Smokers stack Newspaper subscription - Fire Dept Immunizations Vehicle service Tow of forfeiture Holster Reimbursements training Info charges Repair manhole interior and pump grout Filters Plow hitch Repair Dumper and scoop for 2015 Chev Reimburse for mileage and parking Sandblast and repaint park bench Term Life Insurance Cell phones & internet 90% Super Valu USB drives Title 2015 Chevrolet Silverado 3rd Qtr 2014 radio user fee Annual renewal of software maint and support Aluminum and steel Reimbursements K9 boarding Relocate 3 poles new bases conduit and wire Light bulbs 3m sorter Reimburse for mileage Materials Board reimbursements Staff reimbursement Materials Water heater Board reimbursements Telecommunications Staff reimbursements 933.98 1,103.10 44.00 708.26 3,900.00 31.90 5,720.01 5,851.79 38,057.58 1,150.00 74.00 87.00 23.59 150.00 59.99 140.17 108.11 3,700.00 148.90 2,354.00 584.35 12,746.00 51.53 870.00 436.80 1,671.71 4,347.00 70.51 1,738.46 4,200.84 395.00 125.10 718.21 60.00 11, 000.00 575.63 119,657.08 20.16 1,935.88 221.85 60.75 3,133.26 5,250.00 44.94 56.90 140.75 EXHIBIT "A" TO RESOLUTION #2014-153 Jacobsen Aurora Linner Electric Co. Master Mechanical Inc. #69 Midwest Tape Office of MN IT Services MN Dept of Labor and Industry MEI Minnesota Elevator Petrie Angela Quill Corporation Toshiba Business Solutions Water Works Irrigation LLC Weston Woods Studios Xcel Energy CREDIT CARDS Library Amazon Joker.com Kowalskis Market Starbucks Tin Bins Wausau Tile Inc Woodbury Heritage Society Ken Harycki Freight House Tom Ballas eReplacement Parts Witmer Public Safety Wolf Marine Larry Hansen AASLH Dept of Labor & Industry LogMeln.com Stuart Glaser Bshifter MN GFOA PlanGrid SEPTEMBER MANUALS Comcast Guest Service M B PTA Xcel Energy Staff reimbursements Quade outlet & water heater Q3 maintenance Materials Telephone Boiler Elevator repair Staff reimbursements General supplies Maintenance Contract Maintenance Materials Energy Materials Technology Event food Staff Recognition Staff Recognition Building Tiles St. Croix Collection LogJam lunch Front wheel assembly Helmet crescents Fuel Conference and membership Code change seminars Remote access BlueCard Training Acct Lic Extention Training Annual Subscription Internet, voice & cable Training course Seminar IRC transition Energy Page 4 12.00 967.55 947.25 674.89 341.81 10.00 485.76 611.72 259.05 27.12 135.00 295.73 3,804.09 484.56 14.10 98.48 15.00 81.56 642.00 40.00 38.14 10.03 43.92 167.34 770.00 170.00 49.00 1,080.00 30.00 199.99 646.34 167.32 75.00 1,763.82 Administration Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 9/30/2014 Re: SafeAssure Contract Reviewed by: Larry D. Hansen, City Administrator As you recall, the City has contracted with SafeAssure to provide safety training for over a decade. Last year we rebid the contract, and reaffirmed our agreement with SafeAssure, continuing as the host location with five surrounding communities participating in this safety training cooperative which resulted a lower cost to the City. The annual cost has not changed. Contract Cost $6,875.00 Hosting Credit ($2,975.00) Net Cost to City $3,900.00 Through the cooperative with other cities, the City will receive a savings of $2,975.00. RECOMMENDATION: Staff recommends that the safety training contract be approved. ACTION REQUIRED: If Council approves the recommend they should pass a motion adopting a resolution approving the contract with SafeAssure. RESOLUTION 2014-154 APPROVAL OF SAFEASSURE CONSULTANTS, INC. CONSULTING AGREEMENT FOR OSHA AND SAFETY CONSULTATION BE IT RESOLVED by the City Council of Stillwater, MN that the OSHA and Safety Consultation agreement between the City of Stillwater and SafeAssure Consultants, Inc. as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign the agreement. Adopted by the Stillwater City Council this 7th day of October, 2014 Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk 2 The United States Department of Labor, Division of Occupational Safety and Health Administration and the Minnesota Department of Labor, Division of Occupational Safety and Health Administration require employers to have documented proof of employee training and written procedures for certain specific standards. The attached addendum and training schedule clarifies written and training requirements. The required standards that apply to the city of Stillwater are listed below: A.W.A.I.R. MN Statute 182.653 "An employer covered by this section must establish a written Work -place Accident & Injury program that promotes safe & healthful working conditions": EMERGENCY ACTION PLAN 29 CFR 1910.35 THRU .38 "The emergency action plan shall be in writing and shall cover the designated actions employers & employees must take to insure employee safety from fire & other emergencies": CONTROL OF HAZARDOUS ENERGY 29 CFR 1910.147 & MN Statute 5207.0600 "Procedures shall be developed, documented & utilized for the control of potentially hazardous energy when employees are engaged in the activities covered by this section" HAZARD COMMUNICATIONS 29 CFR 1910.1200 & MN Statute 5206.0100 thru 5206.1200 "Evaluating the potential hazards of chemicals, and communicating information concerning hazards and appropriate protective measures to employees may include, but is not limited to, provision for: development & maintaining a written hazard communication program for the work place... " RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES 29 CFR 1904 "Each employer shall maintain in each establishment a log and summary of all occupational injuries and illnesses for that establishment CONFINED SPACE 29 CFR 1910.146 If the employer decides that its employees will enter permit spaces, the employer shall develop and implement a written permit space program RESPIRATORY PROTECTION 29 CFR 1910.134 Written standard operating procedures governing the selection and use of respirators shall be established. OCCUPATIONAL NOISE EXPOSURE 29 CFR 1910.95 The employer shall institute a training program for all employees who are exposed to noise at or above an 8 -hour time weighted average of 85 decibe/s, and shall ensure employee participation in such a program. BLOODBORNE PATHOGENS 29 CFR 1910.1030 Each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure. POWERED INDUSTRIAL TRUCKS 29 CFR 1910.178 "Only trained and authorized operators shall be permitted to operate a powered industrial truck. Methods shall be devised to train operators in the safe operation of Powered Industrial Trucks'. GENERAL DUTY CLAUSE PL91-596 "Hazardous conditions or practices not covered in an 0.5.H.A. Standard may be covered under section 5(a)(1) of the act, which states: Each employer shall furnish to each of {their} employees employment and a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to {their} employees." PERSONAL PROTECTIVE EQUIPMENT 1926.95 a) 'Application. "Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact. OVERHEAD CRANES 1910.179(j)(3) Periodic inspection. Complete inspections of the crane shall be performed at intervals as generally defined in paragraph 0)(1)(10(b) of this section, depending upon its activity ERGONOMICS 29 CFR PART 1910.900 THRU 1910.944 "Training required for each employee and their supervisors must address signs and symptoms of MSD's, MSD hazards and controls used to address MSD hazards." MOBILE EARTHMOVING EQUIPMENT MN RULES 5207.1000 Mobile earth -moving equipment operators and all other employees working on the ground exposed to mobile earth -moving equipment shall be trained in the safe work procedures pertaining to mobile earth -moving equipment and in the recognition of unsafe or hazardous conditions. 2I0f7 In the interest of Quality Safety Management, it may be recommended that written procedures and documented employee training also be provided for the following Subparts. (Subparts represent multiple standards) 1910 Subparts Subpart D - Walking - Working Surfaces Subpart E - Means of Egress Subpart F - Powered Platforms, Man -lifts, and Vehicle -Mounted Work Platforms Subpart G - Occupational Health and Environmental Control Subpart H - Hazardous Materials Subpart I - Personal Protective Equipment Subpart 3 - General Environmental Controls Subpart K - Medical and First Aid Subpart L - Fire Protection Subpart M - Compressed Gas and Compressed Air Equipment Subpart N - Materials Handling and Storage Subpart 0 - Machinery and Machine Guarding Subpart P - Hand and Portable Powered Tools and Other Hand -Held Equipment. Subpart Q - Welding, Cutting, and Brazing. Subpart S - Electrical Subpart Z - Toxic and Hazardous Substances 1926 Subparts Subpart C - General Safety and Health Provisions Subpart D - Occupational Health and Environmental Controls Subpart E - Personal Protective and Life Saving Equipment Subpart F - Fire Protection and Prevention Subpart G - Signs, Signals, and Barricades Subpart H - Materials Handling, Storage, Use, and Disposal Subpart I - Tools - Hand and Power Subpart J - Welding and Cutting Subpart K - Electrical Subpart L - Scaffolds Subpart M - Fall Protection Subpart N - Cranes, Derricks, Hoists, Elevators, and Conveyors Subpart 0 - Motor Vehicles, Mechanized Equipment, and Marine Operations Subpart P - Excavations Subpart V - Power Transmission and Distribution Subpart W - Rollover Protective Structures; Overhead Protection Subpart X - Stairways and Ladders Subpart Z - Toxic and Hazardous Substances Applicable MN OSHA 5205 Rules Applicable MN OSHA 5207 Rules Applicable MN OSHA 5206 Rules (Employee Right to Know) All training on the programs written by SafeAssure Consultants, Inc. will meet or exceed State and/or Federal OSHA requirements. These programs/policies and procedures listed on the addendum do not include the cost of hardware such as labels, signs, etc. and will be the responsibility of Stillwater to obtain as required to comply with OSHA standards. Our contract year will begin on the signing of this proposal/contract. Classroom training will be accomplished at a time convenient to most employees/management and so selected as to disrupt the workday as little as possible. All documents and classroom training produced by SafeAssure Consultants for Stillwater are for the sole and express use by Stillwater and its employees and not to be shared, copied, recorded, filmed or used by any division, department, subsidiary, or parent organization or any entity whatsoever, without prior written approval of SafeAssure Consultants. It is always the practice of SafeAssure Consultants to make modifications and/or additions to your program when necessary to comply with changing OSHA standards/statutes. These changes or additions, when made during a contract year, will be made at no additional cost to Stillwater. All written programs/services that are produced by SafeAssure Consultants, Inc. are guaranteed to meet the requirements set forth by MNOSHA/OSHA. SafeAssure Consultants, Inc. will reimburse Stillwater should MNOSHA/OSHA assess a fine for a deficient or inadequate written program that was produced by SafeAssure Consultants, Inc. SafeAssure Consultants, Inc. does not take responsibility for financial loss due to MNOSHA/OSHA fines that are unrelated to written programs mentioned above. 4IOf7 ADDENDUM SAFETY PROGRAM RECOMMENDATIONS Stillwater Written Programs & Training A.W.A.I.R. (A Workplace Accident and Injury Reduction Act) review/modify or write site specific program documented training of all personnel accident investigation simulated OSHA inspection Employee Right to Know/Hazard Communication review/modify or write site specific program documented training of all personnel (general and specific training) various labeling requirements assist with installing and initiating DAMARCO Solutions, LLC, MSDS and data base program Lock Out/Tag Out (Control of Hazardous Energy) review/modify or write site specific program documented training of all personnel Emergency Action Plan review/modify or write site specific program documented training of all personnel Respiratory Protection review/modify or write site specific program documented training of all personnel Bloodborne Pathogens review/modify or write site specific program documented training of all personnel Cranes -Chains -Slings review/modify or write site specific program documented training of all personnel (inspections) Hearing Conservation (Occupational Noise Exposure) review/modify or write site specific program documented training of all personnel decibel testing and documentation Personal Protective Equipment review/modify or write site specific program documented training of all personnel Confined Space review/modify or write site specific program documented training of all personal 5IOf7 Powered Industrial Trucks/Forklifts review/modify or write site specific program documented training of all personnel testing and licensing Ergonomics review/modify or write site specific program documented training of all personnel o job hazards -recognition o control steps o reporting o management leadership requirements o employee participation requirements Mobile Earthmoving Equipment review/modify or write site specific program documented training of all personal General Safety Requirements review/modify or write site specific program documented training of all personnel The "SafeAssure Advantage" On -Line training available for AWAIR, EAP, ERTK, ERGO, Bloodborne Safety Committee Advisor Employee Safety Progress Analysis SafeAssure "Client Discount Card" from Fastenal Stores or Catalogs (15% off any item) Job Hazard Analysis (JHA for more hazardous tasks/jobs) Training manual maintenance Safety manual maintenance Documented decibel testing Documented air quality readings -(CO2 testing in shops with 5 or more vehicle capacity) Documented foot-candle readings (if needed) OSHA recordkeeping General Duty Clause Assistance during an actual OSHA inspection General safety recommendations "ALERT" data base Unlimited consulting services Contract/ Agreement THIS AGREEMENT is made this first day of October, 2014 between the City of Stillwater, Stillwater, Minnesota, herein referred to as Stillwater and SafeAssure Consultants, Inc. 200 S.W. Fourth Street, Willmar, Minnesota, herein referred to as SafeAssure. SafeAssure agrees to abide by all applicable federal and state laws including, but not limited to, OSHA regulations and local/state/national building codes. Additionally, SafeAssure will practice all reasonable and appropriate safety and loss control practices. SafeAssure agrees to provide, at the time of execution of this contract/agreement, Stillwater (upon request) with a current Certificate of Insurance with proper coverage lines and a minimum of $2,000,000.00 in insurance limits of general liability and statutory for workers' compensation insurance. SafeAssure is insured by "The Hartford" insurance companies. SafeAssure further agrees that Stillwater will not be held liable for any claims, injuries, or damages of whatever nature due to negligence, alleged negligence, acts or omissions of SafeAssure to third parties. SafeAssure expressly forever releases and discharges Stillwater, its agents, members, officers, employees, heirs and assigns from any such claims, injuries, or damages. SafeAssure will also agree to defend, indemnify and hold harmless Stillwater, its agents, members and heirs from any and all claims, injuries, or damages of whatever nature pursuant to the provisions of this agreement. SafeAssure and its employees is an independent contractor of Stillwater, and nothing in this agreement shall be considered to create the relationship of an employer/employee. In consideration of this signed agreement/contract, for the period of Twelve Months from the signing month, SafeAssure Consultants, Inc. agrees to provide Stillwater, the aforementioned features and services. These features and services include but are not limited to OSHA compliance recommendations and consultations, providing scheduled classroom -training sessions, writing and maintaining mandatory OSHA programs. These features and services will be prepared to meet the specific needs of Stillwater. ANNUAL CONTRACT DAMARCO SERVICES (MSDS ON-LINE) $ 3900.00 included ANNUAL $3,900.00 IN TESTIMONY WHEREOF, we agree to the day and year first above written and, if representing an organization or similar entity, further certify the undersigned are a duly authorized agent of said entity and authorized to sign on behalf of identified entity. TWELVE MONTH CONTRACT X Stillwater X 090214 SafeAssure Consultants, Inc. Date 7 0f7 X Stillwater ti1IwaEer Administration MEMORANDUM DATE: September 30, 2014 TO: Mayor & City Council FROM: Larry Hansen City Administrator RE: Railroad Lease BACKGROUND In December of 2000, the City of Stillwater assumed the Railroad's interest in a lease with St Croix Boat and Packet. In 2014, the lease was $8,488.90. Staff is recommending a 2% increase $8,658.68) on the lease for 2015. ACTION REQUIRED If Council concurs with staff's recommendation, council needs to adopt a resolution approving 2015 lease in the amount of $8,658.68. RESOLUTION NO. 2014-155 APPROVAL OF INCREASE TO RAILROAD LEASE PAYMENT WHEREAS, the City of Stillwater assumed the Railroad's interest in a lease with St. Croix Boat and Packet in 2014 was $8,488.90 and WHEREAS, staff recommends a 2% increase for 2015 for a total of $8,658.68. THEREFORE BE IT RESOLVED by the City Council of Stillwater, MN that the 2% increase of the Lease payment, in the amount of $8,658.68 on the Railroad Lease between the City of Stillwater and St. Croix Boat & Packet on file with the City Clerk, is hereby approved. Adopted by the Stillwater City Council this 7th day of October, 2014 Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk MAGNUSON LAW FIRM LICENSED IN MINNESOTA ANI) WISCONSIN THE GRANT) GARAGE 324 MAIN STREET SOUTI I • SUITE #1260 • STILLWATER, MN 55082-5165 TELEPHONE: (651) 439-9464 • FACSIMILE: (651) 439-5641 wwW.MAGNUSONLAW FIRM.COM DAVID T. MACNUSON DTMAGNUSON a.MAGNUSONLAWFIRMI.COM MEMORANDUM TO: Mayor and City Council FROM: David T. Magnuson DATE: October 1, 2014 RE: Se/f h stirred Liligalion CAS1 R. BUTTS 01213 JMAGNusoNLAwIIR\I.c'oM On September 11 th of this year a Worker's Compensation Petition was filed on behalf of a former city employee claiming that the employee developed Mesothelioma that arose out of his employment with the City during the period from January 1st, 1977 through January 1st, 1986 when the City was insured by Home Insurance Company. The case was forwarded to the League of Cities, who forwarded the Claim to the Minnesota Insurance Guaranty Association since Home Insurance Company has long been insolvent. The Guaranty Association refused coverage on the basis that Minnesota Statute 60C.09 Subd. 2. Par. 3 does not allow coverage since the net worth of the City exceeds $25,000,000. This means that the City is self-insured regarding this claim. The City must provide for the defense and funding of the claim. The recommended option is to contract with the League of Cities for that service. The League provides a claim adjuster and will assign the defense to Tom Cummings, of the firm of Jardine, Logan and O'Brien, PLLP. The League will bill the City an annual administrative fee of $1200 and quarterly for the claim costs that have been paid. The League adjuster is experienced in this area, and since Mr. Cummings has already deposed this employee in a related, but covered claim, defense costs should be reasonable. If this arrangement is acceptable to the City, the attached agreement should be approved and the Mayor should be authorized to sign. Please let me know if you have further questions. Respectfully, David T. M.on Stillwater Cit omey DTM/jp/Attachment RESOLUTION 2014-156 APPROVING WORKERS' COMPENSATION CLAIMS ADMINISTRATION AGREEMENT BE IT RESOLVED, by the City Council of Stillwater, MN that agreement between the League of Minnesota Cities Insurance Trust and the City of Stillwater, for Workers Compensation Claims Administration, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor to sign the contract. Adopted by the City Council of the City of Stillwater this 7th day of October, 2014. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk LEAGUE OF MINNESOTA CITIES CONNECTING & INNOVATING SINCE 1913 WORKERS' COMPENSATION CLAIMS ADMINISTRATION AGREEMENT THIS AGREEMENT is made and entered into by the League of Minnesota Cities Insurance Trust ("LMCIT") and City of Stillwater (the "Member"). This Agreement is effective as of October 7, 2014. The parties hereby agree as follows: ARTICLE 1. PURPOSE Member desires that LMCIT provide claim administration services for workers' compensation claims that arose prior to Member's current participation in the LMCIT Workers' Compensation program (the "Claims") and LMCIT desires to provide those services. ARTICLE 2. SERVICES a. Upon receipt of one or more Claims files from the Member, LMCIT will make all necessary Claim payments on the Member's behalf. This will include all indemnity, medical, and other benefits, any legal defense or other allocated loss adjustment expenses, and any assessments owed to the Special Compensation Fund, provided that if the Member is billed directly for any Special Compensation Fund assessments it will make such payment itself. LMCIT will also prepare and file all necessary reports and Special Compensation Fund or Workers' Compensation Reinsurance Association reimbursement requests on the Member's behalf with respect to the Claims. b. At the end of each quarter, LMCIT will invoice the Member for reimbursement of amounts paid with respect to the Claims on the Member's behalf during the preceding quarter. c. LMCIT will consult with the Member before taking any action which could substantially affect the cost of a Claim, such as changing or discontinuing benefits except as required by statute or commencing litigation. LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 145 UNIVERSITY AVE. WEST PHONE: (6S1) 281-1200 FAX: (651) 281-1298 ST. PAUL, MN 55103-2044 TOLL FREE: (800) 925-1122 WEB: WWW.LMC.ORG ARTICLE 3. COMPENSATION a. The Member will pay LMCIT $1,200 per year for each Claim for which LMCIT provides services under this Agreement for all or part of any calendar year (the "Administrative Fee"). This Administrative Fee is in addition to any reimbursements owed under Article 2. LMCIT will invoice the Member for the full amount of the Administrative Fee for a Claim after having commenced providing services for that Claim. Once due, an Administrative Fee will not be pro -rated for any reason. b. LMCIT may, in its discretion, increase the amount of the Administrative Fee in an amount not greater than the increase in Employment Cost Index (ECI) for private industry workers in the Minneapolis -St. Paul -St. Cloud -Wisconsin Combined Statistical Area, total compensation (not seasonally adjusted). This increase may be made annually or a cumulative increase may be made to reflect ECI increases since the previous increase. Any increase must be preceded by at least 90 days notice and will take effect on the January 1 following proper notice. ARTICLE 4. LAWS, RULES AND REGULATIONS This Agreement is subject to all applicable state and federal laws, rules and regulations. ARTICLE 5. IMMUNITY AND INDEMNIFICATION LMCIT agrees to defend and indemnify the Member, and its officers, employees and agents from and against all claims, damages, losses, and expenses, including reasonable attorney fees, arising out of or resulting from LMCIT's failure to perform its obligations under this Agreement or from the negligent acts, errors or omissions of LMCIT or anyone for whose acts LMCIT may be liable. However, under no circumstances shall LMCIT be directly responsible for any indemnity, medical or other benefit payments due to a claimant. LMCIT does not waive any immunities or other protections to which it may be entitled under Minnesota Statutes, Chapter 466 or otherwise. 2 ARTICLE 6. NOTICES All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows: For LMCIT: LMCIT Workers' Compensation Claims Department League of Minnesota Cities Insurance Trust 145 University Avenue West St. Paul MN 55103 For Member: Larry D. Hansen City Administrator City of Stillwater 216 - 4th Street N. Stillwater, MN 55082 ARTICLE 7. TERM AND TERMINATION a. This Agreement will continue until the earliest of: i. Either party giving the other at least 90 days notice of its intent to terminate the Agreement; ii. Member ending its participation in the LMCIT Workers' Compensation program; or iii. All Claims being finally resolved and closed. b. Upon termination: i. neither party shall have any further obligation under this Agreement; ii. LMCIT will return copies of all Claim files to the Member, but may retain the originals or copies; and iii. the Member will pay LMCIT for any amounts incurred but not yet paid pursuant to this Agreement. 3 ARTICLE 8. REVISIONS The provisions set out herein constitute the whole and entire agreement between the parties hereto and may be altered only by mutual agreement, reduced to writing and executed by authorized officers of both parties. CITY OF STILLWATER: LEAGUE OF MINNESOTA CITIES INSURANCE TRUST By: By: Ken Harycki Its: Mayor Its: Assistant Administrator Date: Date: 4 Memorandum To: Mayor and City Council From: Diane Ward, City Clerk Date: 10/2/2014 Subject: New On -Sale and Sunday Liquor License DISCUSSION: An application for an On -sale & Sunday liquor license has been received from John & Phouvanh Soderquist. The proposed license premises is at 1180 Frontage Road (Aristos). This is a new license instead of a transfer in that Aristos carries a Wine and Strong Beer license. RECOMMENDATION: I recommend approval contingent upon the satisfactory investigation, inspections, and approvals from the Police, Fire, Building, Finance Departments and Minnesota Liquor Control. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting a resolution entitled "Approving New On -sale & Sunday Liquor License to Thai Basil, Inc., DBA: Thai Basil", contingent upon the satisfactory investigation, inspections, and approvals from the Washington County Health Department, Police, Fire, Building, Finance Departments and Minnesota Alcohol & Gambling Enforcement Division. RESOLUTION 2014-157 APPROVING NEW ON -SALE & SUNDAY LIQUOR LICENSE TO THAI BASIL, INC., DBA: THAI BASIL WHEREAS, a request has been received from John & Phouvanh Soderquist for an On - sale & Sunday Liquor License at 1180 Frontage Road; and WHEREAS, approval is contingent upon fulfilling all requirements to hold an On -sale & Sunday liquor license, the satisfactory investigation, inspections, and approvals from the Washington County, Police, Fire, Building, Finance Departments, and Minnesota Alcohol & Gambling Enforcement Division NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves a New On -sale & Sunday Liquor License to Thai Basil, Inc., DBA: Thai Basil, at 1180 Frontage Road, Stillwater, MN. Adopted by Council this 7th day of October 2014. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk Memo DATE: September 30, 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 l' 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 Billing Quarter Circumstance Winter Average Gallons Adjustment for 1 Toilet leak From 30,000 4th To 6,000 2 Toilet leak From 57,000 4th To 11,000 3 Toilet Leak From 82,000 4th To 5,000 4 Toilet leak From 45,000 4th To 29,000 5 Toilet leak From 66,000 4th To 24,000 RESOLUTION 2014-159 WHEREAS, the Stillwater City Council approved the Operating Agreement between the cities of Stillwater and Oak Park Heights and the Convention & Visitors Bureau (CVB) on June, 2, 2008; and WHEREAS, the Operating Agreement specifically states that no changes to the Bylaws of the Stillwater & Oak Park Heights CBV can take place without written consent of the Cities; and WHEREAS, the CVB has submitted revised Bylaws dated August 30, 2014 for Stillwater City Council approval at their October 7, 2014 regular meeting. NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council that the CVB Bylaws, revised August 30, 2014 are hereby approved. Adopted by the Stillwater City Council this 7th day of October, 2014. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk STILLWATER & OAK PARK HEIGHTS Convention & Visitors Bureau (CVB) BYLAWS Revised: 30 August 2014 TABLE OF CONTENTS 1. Mission Statement & Bylaws - 2/08 2. Certificate & Articles of Incorporation 3. Adoption, Certification 4. ATTACHMENTS [ Certificate of Incorporation, Articles of Incorporation] PAGE 1 —10 11 12 13-17 CVB BYLAWS 1. General Mission Statement & Bylaws Effective: Feb. 2008 MISSION STATEMENT The mission of the Stillwater and Oak Park Heights CVB is to increase the economic benefit of tourism with an emphasis on overnight stays. 1 BYLAWS ARTICLE I — GENERAL Section 1. The name of the corporation shall be Stillwater and Oak Park Heights Convention and Visitors Bureau, Inc., hereafter referred to as CVB. Section 2. The objective of the CVB shall be to promote tourism and marketing of the Greater Stillwater area. The intent of the CVB shall be to attract overnight visitors, groups, meetings and conventions. Section 3. No assets of the corporation shall inure to the benefit of or be paid to any person who is a member, director, officer, or other private person, except that reasonable compensation may be allowed for services rendered in furtherance of the goals of the CVB. 2 ARTICLE 11— MEMBERSHIP Section 1. Voting membership in the CVB shall be limited to lodging properties within the municipal boundaries of Stillwater and Oak Park Heights which collect and remit a local option lodging tax as defined in Minnesota Statutes 469.190 and authorized by city ordinance. Voting members must be current and in good standing in said collection and remittance obligations with no defaults or delinquencies not under appeal pursuant to the terms of said city ordinance - lodging tax. Each lodging business properties entity or individual shall be entitled to one representative membership, whether voting or non-voting, in the CVB. Section 2. It is acknowledged that there shall be two lodging classification types: 1. Properties operating more than ten rental rooms shall be known as a Hotel or Targe property 2. Any property having ten rooms or Tess shall be known as a Bed and Breakfast or small property. Section 3. Non-voting associate may be granted to individuals or businesses meeting the associate member requirements, as set forth by the CVB Board of Directors at their discretion and upon payment of any applicable dues. Section 4. Any associate member may be suspended or revoked for cause as determined by the Board of Directors, provided that such membership may appeal to the board at the next regular or special meeting of the members, at which time he/she may be reinstated by a majority vote of the Board. 3 ARTICLE III — DIRECTORS Section 1. The affairs of the CVB shall be under the management of a Board of Directors and such officers, agents, employees or committees as the Board may elect, employ or appoint. Section 2. Any voting member in good standing is eligible to serve on the Board of Directors. The Board of Directors shall consist of the following seats with full voting privileges: n One (1) representative from Oak Park Heights large or small properties, appointed by the representative group. ❑ Two (2) representatives from Stillwater small properties - appointed by the representative group. Four (4) representatives from Stillwater/Oak Park Heights large properties appointed by the representative group. The Board of Directors shall include four non-voting associates to sit on the board in a consultant roll shall include: One (1) representative from IBA (Downtown Mainstreet Business Association), appointed by the representative group. ❑ One (1) representative from Stillwater Chamber of Commerce, appointed by the representative group. ❑ A representative of the City of Oak Park Heights ❑ A representative of the City of Stillwater Mid-term Board vacancies will be filled by appointment by the appropriate representative group. 4 (ARTICLE III — DIRECTORS continued) Section 3. Powers and Duties of the Board of Directors shall include, but not be limited to ❑ • Election of Officers. ❑ • Set agenda for meetings [ regular, special, annual] ❑ • Employ personnel and set salaries. ❑ • Set all dues and fees for associate membership to the CVB. ❑ • Keep the membership informed of the CVB's activities. ❑ • Make decisions on expenditures of CVB revenues. ❑ • Formulate marketing plans and advertising campaigns. ❑ • Authorize representatives to attend trade shows, conferences or other tourism related functions ❑ • Enter into agreements or contracts with other firms, businesses or individuals working in furtherance of the CVB's stated goals. Section 4. Officers of the Board of Directors shall be limited to voting members in good standing. Only members of the Board shall be elected as officers. Officers shall be elected for two (2) years at the first regular meeting of the Board of Directors to be held after the annual meeting of the membership. The duties of the officers shall include but not be limited to: President : • Preside at general CVB meetings and at all meetings of the Board of Directors. • Make appointments to fill vacancies on the Board of Directors or for Officers for the remainder of the term, subject to the approval of the Board. • Supervise the duties of all employees, contracted service providers or agents of the CVB, as directed by the Board of Directors. • Represent the CVB at any meeting, convention, or other gathering where the interests of the CVB are at issue, or when so directed by the Board of Directors. 5 (ARTICLE HI — DIRECTORS continued) Vice President : • Perform all duties of the President in his/her absence. • In the event of death, resignation or retirement of the President, assume the duties of the president as President Pro Tem for the remainder of the current term and supervise the appointment of a new Vice President. • Represent the Board at the request of the President. Secretary : ® Oversee the record keeping of the CVB's meetings and activities ® Gather and distribute approved meeting minutes to CVB membership ® Represent the Board at the request of the President Treasurer : ® Provide a full and accurate account of receipts and disbursements of the CVB that be kept in books belonging to the CVB. ® Sign all checks and drafts that are properly drawn on CVB funds. Any check over $500.00 requires two signatures. ® Ensure all monies are deposited in the name of the CVB, in such depositories or safety vaults that may be designated by the Board of Directors. ® Represent the Board at the request of the President. ® Ensure that an annual audit is performed. Section 5. Commencing January 01, 2015, the board shall determine and implement a policy to modify the dates of service of each two board positions to result in a staggering of the terms of the board membership for election or reelection purposes. To achieve the directives of this provision, in no case shall a board seat be occupied for a period of more than 3 years from the date of January 01, 2015. CVB officer positions shall serve terms of two years in length and may be elected to consecutive terms, not to exceed 3 consecutive terms per seat. 6 (ARTICLE III — DIRECTORS continued) Section 6. Any Director who misses three consecutive meetings, without a valid reason given to a Board Officer prior to the third missed meeting, may result in his/her membership on the board to be terminated. Upon motion of a sitting board member, termination shall be determined by simple majority of attending board members by ballot vote at a regularly scheduled meeting of the board. Section 7. Directors must submit their resignation to the President. Section 8. A Conflict of Interest policy may be included in this organization's policy manual. 7 ARTICLE IV — MEETINGS Section 1. An annual meeting of the membership of the CVB, open to the public, - except where closed pursuant to the Open Meeting Laws of Minnesota [Mn Stat. Ch 13D ] - shall be held at such time and place as designated by the Board of Directors. Each member shall be notified by e-mail or postal mail at least three (3) weeks in advance of said meeting. Prior to or at the Annual meeting each representative group must declare in writing to the Board of Directors their appointed representative for an open board seat. Annual meetings shall be open to all members of the CVB in good standing and Associate voting members with all dues and assessments paid in full. Any and all business matters pertaining to the CVB may be considered and acted upon at the annual meeting, provided the same be in writing and presented to the Board of Directors at least fifteen (15) days prior to the meeting, so said business may be placed on the agenda. All regular or special meetings of the CVB shall be similarly open to the public, except where closed pursuant to and in compliance with, the Open Meeting Laws of the State of Minnesota [ Mn Stat. Ch. 13D ]. Section 2. Meeting reports will be made to participating city councils by CVB board - approved meeting minutes and CVB board -approved marketing reports sent to city councils. Section 3. The Board of Directors will meet at least four (4) times per year, at such time and place as they may determine. Additional meetings by the Board may be held throughout the year as is deemed necessary by the Board or called for by the President or two (2) or more board members. Board meetings are open to the membership and invited guests for observation; however, the President may invite membership comments at a specified time period and duration. Section 4. A quorum shall be required at all meetings, in which at least a simple majority of the Directors with full voting privileges are present. 8 ARTICLE V — AMENDMENTS TO BYLAWS Section 1. These bylaws shall be brought forward for adoption or amendment by a two- thirds (2/3) vote of the Board of Directors. Section 2. After adoption of amended bylaws, by the Board Directors, The amended bylaws must be submitted to the City Councils of Oak Park Heights and Stillwater for approval. Section 3. Upon approval from the Cities and the Board, the President shall notify the membership of the pending bylaw amendments and the right to call a vote within ten [10 ] days of board approval, by US Mail - postage pre -paid. Section 4. Upon notice, any member in good standing may call for a balloted election of the bylaw amendments. Requests for a Call to Vote shall be filed with the President within fourteen (14) days after notice has been given of the pending amendments. Section 5. If no CaII to Vote is filed within the designated period, the pending bylaw amendments shall be voted upon by the Board of Directors at their next scheduled regular meeting. If a Call to Vote is received, pending bylaw changes shall be placed on a ballot. The President shall mail this ballot to all full members in good standing at least fourteen (14) days before the Board meeting at which said balloting is scheduled and shall be closed and tallied. Section 6. The President and Secretary, or their designee, shall validate the ballots and election. They shall report the results of the vote to the Board of Directors. Section 7. The Board of Directors shall, at its regular Board meeting, declare the amendments adopted or not adopted according to the majority of the votes cast. 9 ARTICLE VI - DISSOLUTION In the event of, or at the time of dissolution of the CVB, any funds or assets remaining after paying all costs and expenses of such dissolution shall revert and be distributed as directed by law and the provisions of the Articles of Incorporation attached hereto [Article VII]. 10 CERTIFICATE OF INCORPORATION and ARTICLES OF INCORPORATION ARTICLE VII Copies of the Certificate of Incorporation and Articles of Incorporation of the Stillwater & Oak Park Heights Convention & Visitor Bureau are attached hereafter and fully incorporated herein and as a part hereof. 11 ARTICLE I ADOPTION, CERTIFICATION These Bylaws may be altered, amended or repealed and new Bylaws may be adopted by the Board of Directors at any regular or special meeting of the Board of Directors. The above Bylaws are certified to have been adopted by the Board of Directors of the Stillwater & Oak Park Heights Convention & Visitor Bureau on the day of , 2014. President of CVB Vice President of CVB Secretary of CVB Treasurer of CVB 12 4 ARTICLE I Attachments Certificate of Incorporation, Articles of Incorporation [pp 10-13] 13 SECRETARY OF STATE CERTIFICATE OF INCORPORATION I, Mark Ritchie, Secretary of State of Minnesota, do certify that: Articles of Incorporation, duly signed and acknowledged under oath, have been filed on this date in the Office of the Secretary of State, for t`ie incorporation of the following corporation, under and in accordance with the provisions of the chapter of Minnesota Statutes listed below. This corporation is now legally organized under the laws of Minnesota. Corporate Name: Stillwater & Oak Park Heights Convention & Visitor Bureau Corporate Charter Number: 2709237-2 Chapter Formed Under: 317A This certificate has been issued on 02/08/2008. 14 NP - ARTICLES OF INCORPORATION OF STILLWATER & OAK PARK HEIGHTS CONVENTION & VISITOR BUREAU f ! OMNI 27092370002 The undersigned incorporators are individuals 18 years of age or older and adopt the following articles of incorporation to form a nonprofit corporation (Chapter 317A), ARTICLE I — NAME The name of this corporation shall be Stillwater & Oak Park Heights Convention & Visitor Bureau. ARTICLE II — REGISTERED OFFICE ADDRESS j The place in Minnesota where the principal office of the corporation is to be located at 2190 Frontage Road West, Stillwater, Minnesota 55082. ARTICLE III — PURPOSE This corporation is a business organization as specified in Section 501(c)(6) of the Internal Revenue Code, or the corresponding section of any future federal tax code. The purpose of this corporation is to market and promote the Stillwater and Oak Park Heights areas as business and leisure travel destinations. ARTICLE IV - EXEMPTION REQUIREMENTS At all times the following shall operate as conditions restricting the operations and activities of the corporation: 1. No part of the net earning of the organization shall inure to the benefit of, or be distributable to its members, trustees, officers, or other private persons, except that organizations shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purpose set forth in the purpose clause hereof. 2. No substantial part of the activities of the corporation shall constitute the carrying on of propaganda or otherwise attempting to influence legislation, or any initiative or referendum before the public, and the corporation shall not participate in, or intervene in (including by publication or distribution of statements), any political campaign on behalf of, or in opposition to, any candidate for public office. 3. Notwithstanding any other provisions of this document, the organization shall not carry on any other activities not permitted to be carried on by an organization exempt from federal income tax under Section 501(c)(6) of the Internal Revenue Code or corresponding section of any future tax code, or by Page 1 of 3 15 an organization, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code, or corresponding section of any future tax code. ARTICLE V — MEMBERSHIP & BOARD OF DIRECTORS This organization shall have members. The eligibility, rights and obligations of the members will be determined by the organization's bylaws. The management of the affairs of the corporation shall be vested in a board of directors, as defined by the corporation's bylaws. No director shall have any right, title, or interest in or to any property of the corporation. The number of directors constituting the initial board of directors is eight (8); their names and addresses are as follows: Steve Roll Jeff Stanton 2190 Frontage Road West, Stillwater, MN 2200 Frontage Road West, Stillwater, MN Chuck Dougherty Jerry Helmberger 15330 58th Street North, Oak Park Heights, MN 303 Fourth Street North, Stillwater, MN Kevin Shields David Beaudet 102 Second Street North, Stillwater, MN 14168 Oak Park Blvd, Oak Park Heights, MN Ken Harycki Sheryl E -Marshall 216 Fourth Street North, Stillwater, MN 206 Second Street South, Hudson, WI Members of the initial board of directors shall serve until the first annual meeting, at which their successors will be duly elected and qualified, or removed as provided in the bylaws. ARTICLE VI -PERSONAL LIABILITY No member, officer, or director of this corporation shall be personally liable for the debts or obligations of this corporation of any nature whatsoever, nor shall any of the property of the members, officer, or directors be subject to the payment of the debts or obligations of this corporation. ARTICLE VII — DURATION/DISSOLUTION The duration of the corporate existence shall be perpetual until dissolution. Upon the dissolution of the organization, assets of the corporation shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(6) of the Internal Revenue Code, or corresponding section of any Page 2 of 3 16 future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose. ARTICLE VIII — INCORPORATORS In witness whereof, we, the undersigned, have hereunto subscribed our names for the purpose of forming the corporation under the laws of the State of Minnesota and certify we executed these Articles of Incorporation this 16th day ofJanuary of 2008. aoYoll Steve Roll, President Stillwater Super 8, 2190 Frontage Road West, Stillwater, Minnesota 55082 70\7 Jeff Sta dton, Vice President Country Inn & Suites, 2200 Frogt i ad Wes Stillwater, Minnesota 55082 Chuck'Do ghiErty, Treas Cover Park Manor, 15330 5 ° Street olth, Oak Park Heights, Minnesota 55082 Jerry Helfnberger ecretaiy Aurora Sta es n, 303 Fourth Street, . i • Stillwater, Minnesota 55082 Kevi Lowhie ds Lowe ,North, riff David e. udet Mayor, City of Oak Park Hei City of Oak Park Heigh Minnesota 55082 Oak P. oulevard, Oak Park Heights, Minnesota 55082 Ken Harycki Mayor, Cit .l•' Stillwater City of Iwater 6 Fourth StreeNorth, St lwater, Minnesota 55082 Sheryl -Ma h I Vice Preside t, realer Stillwater Chamber of Commerce PressEnterl, 206 Second Street South, Hudson, Wisconsin 54016 '4".1 K% rile?rnit= F:.:. .'ESS • Page 3 of 3 17 STILLWATER CONVENTION & VISITORS BUREAU BYLAWS C0410 ARTICLE I — GENERAL Section 1. The name of the corporation shall be Stillwater Convention and Visitors Bureau, Inc., hereafter referred to as CVB. Section 2. The objective of the CVB shall be to promote tourism and marketing of the Greater Stillwater area. The intent of the CVB shall be to attract overnight visitors, groups, meetings and conventions with the expressed goal of benefiting the businesses which collect the lodging tax. Section 3. No assets of the corporation shall inure to the benefit of or be paid to any person who is a member, director, officer, or other private person, except that reasonable compensation may be allowed for services rendered in furtherance of the goals of the CVB. ARTICLE II — MEMBERSHIP Section 1. Full membership in the CVB shall be limited to lodging properties within Stillwater and Oak Park Heights which collect and remit a local option lodging tax as defined in Minnesota Statutes 469.190 and authorized by city ordinance. Section 2. It is acknowledged that there shall be two lodging classification types: 1. Properties operating more than ten rental rooms shall be known as a Hotel or large property 2. Any property having ten rooms or less shall be known as a Bed and Breakfast or small property. Section 3. Associate membership may be granted to individuals or businesses meeting the associate member requirements as set forth by the CVB Board of Directors at their discretion and upon payment of any applicable dues. Section 4. Any associate member may be suspended or revoked for cause as determined by the Board of Directors provided that such membership may appeal to the board at the next regular or special meeting of the members, at which time he/she may be reinstated by a majority vote of the Board. ARTICLE III - DIRECTORS Section 1. The affairs of the CVB shall be under the management of a Board of Directors and such officers, agents, employees or committees as the Board may elect, employ or appoint. Section 2. Any full member in good standing is eligible to serve on the Board of Directors. The Board of Directors shall consist of the following seats, based on a percentage of revenue collected, with full voting privileges: • One (1) representative from Oak Park Heights Hotels and Bed and Breakfasts, appointed by the representative group • One (1) representative from Stillwater Bed and Breakfasts or small properties, appointed by the representative group • Three (3) representatives from Stillwater Hotels or large properties, appointed by the representative group Three non-voting seats shall include: • A representative of the City of Oak Park Heights • A representative of the City of Stillwater • A representative of the Greater Stillwater Chamber of Commerce Mid-term Board vacancies will be appointed by the appropriate representative group. Section 3. Powers and Duties of the Board of Directors shall include, but not be limited to • Election of Officers. • Employ personnel and set salaries. • Set all dues and fees for associate membership to the CVB. • Keep the membership informed of the CVB's activities. • Make decisions on expenditures of CVB revenues. • Formulate marketing plans and advertising campaigns. • Authorize representatives to attend trade shows, conferences or other tourism related functions. • Enter into agreements or contracts with other firms, businesses or individuals working in furtherance of the CVB's stated goals. Section 4. Officers of the Board of Directors shall be limited to members in good standing. Officers shall be elected annually at the first regular meeting of the Board of Directors to be held after the annual meeting of the membership. Only members of the Board shall be elected as officers. The duties of the officers shall include but not be limited to: President • Preside at all general meetings of the CVB and at all meetings of the Board of Directors. • Make appointments to fill vacancies on the Board of Directors for the remainder of the term, subject to the approval of the Board. • Make appointments to fill any vacancies among the Officers of the Board for the remainder of the term, subject to the Board's approval. • Supervise the duties of all employees or agents of the CVB, as directed by the Board of Directors. • Represent the CVB at any meeting, convention, or other gathering where the interests of the CVB are at issue, or when so directed by the Board of Directors. Vice President • Perform all duties of the President in his absence. • In the event of death, resignation or retirement of the President, assume the Presidency for the remainder of the current term and supervise the appointment of a new Vice President. • Represent the Board at the request of the President. Secretary • Oversee the record keeping of the CVB's meetings and activities. • Represent the Board at the request of the President. Treasurer • Provide a full and accurate account of receipts and disbursements of the CVB that be kept in books belonging to the CVB. • Sign all checks and drafts that are properly drawn on CVB funds. • Ensure that all monies are deposited in the name of the CVB, in such depositories or safety vaults that may be designated by the Board of Directors. • Represent the Board at the request of the President. Section 5. Directors and Officers may serve terms of two years and may be elected to consecutive terms. Section 6. Any Director who misses three consecutive meeting, without a valid reason given to the President prior to the third missed meeting, shall cause his/her membership on the board to be vacated. Section 7. Directors must submit their resignation to the President. Section 8. A Conflict of Interest policy will be included in this organization's policy manual. ARTICLE IV — MEETINGS Section 1. At least one annual meeting of the membership of the CVB shall be held at such time and place as designated by the Board of Directors. Each member shall be notified by e-mail or postal mail at least three weeks in advance of said meeting. Annual meetings shall be open to all members of the CVB in good standing with all dues and assessments paid in full. Any and all business matters pertaining to the CVB may be considered and acted upon at the annual meeting, provided the same be in writing and presented to the Board of Directors at least fifteen days prior to the meeting, so said business may be placed on the agenda. Section 2. An annual report will be made to participating city councils. Those meetings will be open to the public. Section 3. The Board of Directors will meet at least four times per year, at such time and place as they may determine. Additional meetings by the Board may be held throughout the year as is deemed necessary by the Board. Board meetings are open to the general membership and invited guests for observation; however, the President may invite membership comments at a specified time period and the President may call for a closed meeting at her or his discretion or the Board upon majority vote. Section 4. Due to the nature of this organization, it is recognized that occasions may arise requiring timely action by the Board of Directors which make impractical a meeting in person. In such instance, the President may initiate a meeting by email (preferred) or telephone. The President shall make full record of such meeting and, provided that a quorum is reached, any action taken shall then be in effect. Section 5. A quorum shall be reached at meetings, in which at least a simple majority of the Directors with full voting privileges are present. ARTICLE V — AMENDMENTS Section 1. These bylaws shall be brought forward for adoption or amendment by a two-thirds vote of the Board of Directors. Section 2. Upon approval of the Board, the President shall notify the membership of the pending bylaw amendments and the right to call a vote. Section 3. Upon notice, any member in good standing may call for a balloted election of the bylaw amendments. Requests for a Call to Vote shall be filed with the President within ten (10) Days after notice has been given of the pending amendments. Section 4. If no Call to Vote is filed within the designated period, the pending bylaw amendments shall be voted upon by the Board of Directors at their regular meeting. If a Call to Vote is received, pending bylaw changes shall be placed on a ballot. The President shall mail this ballot to all full members in good standing at least fifteen (15) days before the next regular Board meeting. Section 5. The President and Secretary, or their designee, shall validate the ballots and election. They shall report the results of the vote to the Board of Directors. Section 6. The Board of Directors shall, at its regular Board meeting, declare the amendments adopted or not adopted according to the majority of the votes cast. ARTICLE VI - DISSOLUTION In the event of, or at the time of dissolution of the CVB, any funds or assets remaining after paying all costs and expenses of such dissolution shall revert to one or more qualified charitable organizations as selected by the Board of Directors as defined under IRS Section 501(c)(3). RESOLUTION 2014-160 ADOPTING DELINQUENT CLEAN UP SERVICES CHARGES WHEREAS, it is the policy of the City of Stillwater to certify to the County the delinquent clean up services charges. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, which the attached list constitutes the delinquent clean up service charges and is hereby levied as an assessment against those parcels and the total is $8,813.32.. Adopted by the Stillwater City Council this 7th day of October, 2014. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk City of Stillwater 2014 Certification of Deliqunet Clean Up Services For Collection with the 2015 Property Taxes Project #00040 Term: 1 Year Rate 10% PID 28.030.20.31.0004 21.030.20.43.0021 21.030.20.12.0008 31.030.20.11.0091 33.030.20.21.0121 28.030.20.22.0044 TOTAL: CERTIFICATION AMOUNT $880.94 $724.06 $467.19 $5,446.44 $777.50 $517.19 $8,813.32 RESOLUTION 2014-161 RESOLUTION APPROVING CODE RED JOINT POWERS AGREEMENT BE IT RESOLVED, by the City Council of Stillwater, MN that the renewal of the Joint Powers Agreement for Mass Emergency Notifications (Code RED) between Washington County Sheriff's Office and the City of Stillwater, as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council this 7th day of October, 2014. ATTEST Ken Harycki, Mayor Diane F. Ward, City Clerk Washington County Larry Hansen 216 N 4th St Stillwater, MN 55082 Dear Mr. Hansen Office of the Sheriff Commitment to Excel -fence William M. Hutton Sheriff Daniel Starry Chief Deputy In 2012 all cities and townships joined with the county to purchase a mass notification system known as Code RED. Over the past three years Code RED has been used throughout to county the notify citizens about emergency and non -emergency events taking place in their community. Many agencies are using Code RED as an employee notification tool. Currently, there are over 93,000 contact numbers in the Washington County Code RED system. These contacts include all of the numbers from the 911 data bases and from Washington County citizens signing up and placing their contact information in the Code RED system. The initial Code RED agreement between the Sheriff's Office and the City of Stillwater will expire December 315t 2014. The cost of the Code Red System for 2015 through 2019 will remain $33,750.00 per year. The fee structure that has been used/agreed upon by the local administrators group over the past three years required each city/township to pay $.07860 x the population of the city/township. This fee structure has worked well and we are proposing that it continues for the term of this agreement. I am hoping all of the cities and townships will continue to partner with us in the Code RED System. I have enclosed two copies of the Joint Powers Agreement that would need to be signed and returned to the Sheriff's Office no later than November 3rd 2014. Please contact Commander Anschutz at 651-430-7846 with any questions about the system. Sincerely, Douglas H Anschutz Commander Enclosed: Cost by population worksheet Joint Powers Agreement Law Enforcement Center • 15015 62nd Street North — P.O. Box 3801, Stillwater, Minnesota 55082-3801 Phone: 651-430-7600 • Fax: 651-430-7603 • TTY: 651-430-6246 www.co.washington.mn.us Equal Employment Opportunity / Affirmative Action JOINT POWERS AGREEMENT BETWEEN THE WASHINGTON COUNTY SHERIFF'S OFFICE AND THE CITY OF STILLWATER THIS AGREEMENT is made by and between political subdivisions organized and existing under the Constitution and laws of the State of Minnesota. Washington County a political subdivision by and through its Sheriff's Office (hereinafter "Provider") and the City of Stillwater Minnesota, a municipal corporation, (hereinafter referred to as the "City") are the parties to this agreement. WHEREAS, both political subdivisions through their law enforcement agencies manage threats to public health and safety. WHEREAS, Minnesota Statutes Section 471.59 provides that two or more governmental units may by Agreement jointly exercise any power common to the contracting parties. WHEREAS, The Provider has entered into a contract with Emergency Communications Network for the purpose of providing a Mass Emergency Notification System also known as Code Red. WHEREAS, The provider has agreed to purchase 150,000 minutes from Emergency Communications Network for the purpose of sending Mass Emergency Notifications to home, business or cell phones. WHEREAS, the Provider has agreed to purchase the Mass Emergency Communication system to assist agencies within Washington County provide necessary emergency and non emergency mass notifications. WHEREAS, The City is in need of having the ability to communicate with the public in a timely fashion during both emergency and non emergency situations. WHEREAS, At the request of the City, the Provider is willing to provide a Mass Emergency Notification System. NOW THEREFORE, Pursuant to the authority contained in Minnesota Statute Section 471.59. commonly known as the Joint Powers Act which authorizes two or more governmental units to jointly exercise any power common to them and /or Minnesota Statutes Sections 626.76 and in consideration of the mutual covenant herein contain and the benefits that each party hereto shall derive hereby the Provider and City agree to the following terms and conditions. PURPOSE The purpose of this joint powers agreement is set forth in the recitals contained in the above whereas clauses which are incorporated by references if fully set forth herein. CITY'S RESPONSIBILITIES When needed, the City's representative shall be able to utilize the Mass Emergency Notification Communication System by notifying the Washington County Sheriff's Office 911 PSAP for Emergency Notifications. Emergency Notifications are those that are related to public safety as defined in the Code Red Policy. The 150,000 minutes purchased by the provider will be used for all Emergency Notifications at no additional cost to the City. 2. The City agrees to pay the Provider $1,432.49 for the purpose of purchasing its proportionate share of 150,000 Emergency Notification minutes per year. 3. The City will conform to any Policy developed by Provider related to the use and maintenance of Code Red. 4. The City's representative shall be responsible for determining the content of any Emergency Notification message in addition to the geographic area the message is to be sent. 5. The Washington County 911 PSAP Center personnel will assist in preparing Emergency Notifications as defined in the Code Red Policy and will be responsible for initiating the call procedures through Code Red at the direction of the City's authorized representative. 6. The City's representative will be responsible for sending any General Notifications, as defined in the Code Red Policy, through a web based server. General Notification minutes used will be paid by the City to the Provider at an additional contracted rate of .25 per minute. Those funds will be retained by the provider for the sole purpose of purchasing minutes on the Code Red System. For every additional year this agreement is extended the Provider will invoice the City at a rate of $1,432.49 per year for emergency notification minutes. 8. City will be responsible for the payment of additional year(s) extension upon receipt of the invoice from the Provider. PROVIDER'S RESPONSIBILITIES 1. Provider agrees to enter into a contract with Emergency Communications Network for the purchase of 150,000 minutes of the Code Red Mass Notification System in 2012. 2. Provider will develop a policy related to the use and maintenance of the Code Red System. 3. Provider will assign an employee as the Code Red System administrator. 4. Provider agrees to train the 911 PSAP personnel in the operation of the Code Red System. 5. Provider agrees to train the City representative in the use of the Code Red System. 6. The Provider will test the Code Red System to ensure the system is operating properly. 7. The Provider will monitor the number of minutes used by all agencies to ensure there is sufficient number of minutes available in the event of an emergency. TERM OF AGREEMENT The initial Term of this Agreement shall be from January 01, 2015 and ends December 31, 2016, the date of the signature of the parties notwithstanding, unless earlier terminated in accordance with the termination clause. After the initial Term, this Agreement will automatically renew for three additional one year periods with the final termination date of December 31st 2019, unless the automatic extension is cancelled by the City in accordance with the termination clause. PAYMENT The City shall pay the Provider within 30 days of being invoiced for the City's annual portion of the Code Red System or for any General Message minute usage. INDEPENDENT CONTRACTOR It will be agreed that nothing within the contract is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties or as constituting the City as the agent, representative, or employee of the Provider for any purpose or in any manner whatsoever. ASSIGNMENT The City shall not assign any services contemplated under this agreement. RECORD DISCLOSRES/MONITORING Pursuant to Minn. Statute 16C.05 SUBD. 5, the books, records, documents and accounting procedures and practices of the contractor relevant to the contract are subject to examination by the County and either the legislative auditor or the state auditor, as appropriate. The contractor agrees to maintain and make available these records for a period of six years from the date of termination of this agreement. INDEMNIFICATION a. The City agrees it will defend, indemnify and hold harmless the Provider, its officers and employees against any and all liability, loss, costs, damages, and expenses which the Provider, its officers, or employees may hereafter sustain, incur, or be required to pay arising out of the negligent or willful acts or omissions of the City in the performance of this agreement. b. The liability of the parties under this agreement shall be governed by Minnesota Statutes section 471.59 subdivision 1 a. Each party to this agreement shall be liable for its own acts or omissions and shall not be liable for the acts or omissions of any other party to this agreement. INSURANCE REQUIREMENTS The City agrees that in order to protect itself, as well as the Provider, under the indemnity provisions set forth above, it will at all times during the term of this Agreement, keep in force the following insurance protection in the limits specified: 1. Maintain membership and participation in the Minnesota League of Cities Trust or Commercial General liability Insurance with contractual liability coverage in the amount of the City's and Provider's tort liability limits set forth in Minnesota Statute Section 466.04 and as amended from time to time. 2. Automobile coverage in the amount of the City's and Provider's tort liability limits set forth in Minnesota Statute Section 466.04 and as amended from time to time. 3. Worker's Compensation in statutory amount. Prior to the effective date of this Agreement, the City will furnish the Provider, with certificates of insurance as proof of insurance. This provision shall be set as a condition subsequent; failure to abide by this provision shall be deemed a substantial breach of contract. Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty days notice thereof to the Provider. DATA PRACTICES All data collected, created, received, maintained, or disseminated for any purposes by the activities of the contractor, because of this agreement, is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such Act now in force or as adopted, as well as federal regulations on data privacy. TERMINATION a. Provider may cancel this Agreement with or without cause at any time upon giving a 30 days written notice to the City Administrator or designee. The City may cancel this Agreement with or without cause at anytime upon giving a 30 days notice to the Washington County Sheriff or designee. No monies paid will be refunded to the City upon termination of this contract. b. During the initial or subsequent term if the City does not want to exercise the automatic one year renewal, it must provide written notice of such to Provider at least 90 days prior to December 31St of the current year. c. If Provider does not renew its contract with Emergency Communication Network for 150,000 minutes of the Code Red Mass Notification System for years 2017, 2018 and or 2019, the Provider will notify the City 30 days prior to December 31st 2016, December 31st 2017 or December 31st 2018 respectively. WASHINGTON COUNTY STILLWATER BY: DATE: BY: DATE: County Board Chair BY: DATE: County Administrator BY: Sheriff Approved to as for DATE: Asst County Attorney Washington County Office of the Sheriff Commitment to Excellence City or Township 2010 US Census Population Code Red Cost per year Formula (Population x .07860) Afton 2,886 $226.83 Bayport 3,471 $272.82 Baytown Township 1,723 $135.42 Birchwood Village 870 $68.38 Cottage Grove 34,589 $2,718.69 Dellwood 1,063 $83.55 Denmark Township 1,737 $136.52 Forest Lake 18,375 $1,444.27 Grant 4,096 $321.94 Grey Cloud Island Twp 289 $22.71 Hugo 13,332 $1,047.89 Lake Elmo 8,069 $634.22 Lake St Croix Beach 1,051 $82.60 Lakeland 1,796 $141.16 Lakeland Shores 311 $24.44 Landfall 686 $53.92 Mahtomedi 7,676 $603.33 Marine St Croix 689 $54.15 May Township 2,776 $218.19 Newport 3,435 $270.00 Oak Park Heights 4,339 $341.04 Oakdale 27,378 $2,151.91 Pine Springs 408 $32.06 Scandia 3,936 $309.36 St. Marys Point 368 $28.92 St. Paul Park 5,279 $414.92 Stillwater 18,225 $1,432.49 Stillwater Twp 2,366 $185.97 West Lakeland Twp 4,046 $318.01 White Bear Lake 403 $31.67 Willernie 507 $39.85 Woodbury 61,961 $4,870.13 Total 238,136 $18,717.36 0 William M. Hutton Sheriff Daniel Starry Chief Deputy Law Enforcement Center • 15015 62nd Street North — P.O. Box 3801, Stillwater, Minnesota 55082-3801 Phone: 651-430-7600 • Fax: 651-430-7603 • TTY: 651-430-6246 www.co.washington.mn.us Equal Employment Opportunity / Affirmative Action t 11 1war Administration Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: October 3, 2014 Re: New Tobacco License — Northgate, Inc. — DBA: Still Tobacco A tobacco license request has been received from Northgate, Inc.; DBA: Still Tobacco to be located at 1754 Market Place Drive, #200. The moratorium on the issuance of new tobacco license expired August 1, 2014. Approval should be contingent upon background investigation on the owners, officers and managers, and Finance, Fire, and Building Departments. ACTION REQUIRED: If Council desires to transfer the existing tobacco license, they should pass a motion to adopt Resolution entitled "APPROVING NEW TOBACCO LICENSE TO NORTHGATE, INC. DBA: STILL TOBACCO." RESOLUTION 2014-162 APPROVING NEW TOBACCO LICENSE TO NORTHGATE, INC. DBA: STILL TOBACCO WHEREAS, new tobacco license request has been received from Northgate, Inc., at 1754 Market Drive; and WHEREAS, all required forms have been submitted and fees paid. NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the issuance of the tobacco license conditioned upon approval by Police, Fire, Building Inspection and Finance Departments, Adopted by Stillwater City Council this 7th day of October, 2014. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk i!iwatr Administration MEMORANDUM TO: Mayor & Council FROM: Diane Ward, City Clerk SUBJECT: Waiver of Dog Park Permit for Grand Opening — October 18, 2014 Friends of Stillwater Area Dog Park would like to request a waiver to the requirement of a non- resident Dog Park Permit being required on the day of their Grand Opening which is October 18th. The possibility of the permits being sold to non-residents on that day is being considered. All dogs on at the Grand Opening will be required to have proof of vaccination before being allowed in the park. ACTION REQUIRED: If Council wishes to waive the requirement for a non-resident dog park permit for the Dog Park's Grand Opening on October 18th, they should pass a motion approving the request. liwater rete 6 I IR T H P E A c E 0 MIHNESOIA CITY COUNCIL MEETING DATE: October 7, 2014 REGARDING: Fire Station - Door and Glazing Bid FROM: Bill Turnblad REQUEST Staff requests Council to approve the attached door and glazing bid for the Fire Station. COMMENTS Several months ago the City Council approved bids for most of the trades working on the new Fire Station. A few bids were not forwarded to the Council at that time because we wanted to revise the scope of their work and reduce the project's overall cost. One of those bids was for doors and glazing. The original low bid was $119,800 for this item, which included doors, entry foyer and interior glazing. After redesigning the entry foyer, our Construction Manger asked the low bidder to quote us a price for the new scope of work. The new quote is $47,534. bt Phone (715) 234-2840 Fax (715) 234-8325 RICE LAKE GLASS and DOOR CO., INC. 227 WEST COLEMAN • RICE LAKE, WI 54868 SALES & SERVICE • GLASS • MIRRORS • AUTOMATIC DOORS • PLEXIGLASS • OVERHEAD DOORS • ALUMINUM • HOLLOW METAL To Kraus Anderson Construction Address 8625 Rendova Street NE, Circle Pines, MN 55014 Project Stillwater Fire Hall Address Stillwater, MN Attn: Gary Zifko We appreciate the opportunity of quoting you on the above project and sincerely trust we may have the pleasure of receiving your order. We propose to furnish and install, as follows: Value Engineering to Voluntary Alternate 6 — Windows "A", 1 — Window "B", 1 — Window "C", 1 — Window "D", 4 — Windows "F", 1 — Window "H", and 4 — Windows "M", 1 — Exterior Window "J" with Door #1001A, 1 — Interior Window "K" with Door #1001B, and 1 — Exterior Door #1031B with Sidelight • Standard Clear Aluminum Finish • Wide Stile Doors with 10" Bases • All Tubelite Storefront Material (Exterior: T14000 — 2" x 4/12", Interior: E4500 — 1 3/4" x 4 1/2") • Exterior Glass — No Laminated Glass as Spec'd. Glass to be Either: Clear Low E High Performance or Tinted Low E High Performance Insulated Glass Units, Tempered as Required • Spandrel Glass Included as Noted on Plans • Interior Glass: 1/4" Clear Tempered Glass • Matching Break Metal Sills and Corners • Exterior Caulking Included 1 — Sliding Glass Door Assembly at #1004A Interior Glass and Glazing Included for Wood Doors, Hollow Metal Doors and Borrowed Light Frames 10 — Mirrors with J -Bars Included, Furnished and Installed. Furnished and Installed into New Contractor Prepared Openings: $47,534. Sales Tax Included. Notes: 1. Addendum #1, #2, and PR#3 Noted. 2. No Graphic Film Included. 3. No Unicel Vision Glass Included. 4. Pass Through Unit in Window "K" Not Included. Need more product information and details. 5. No Handicap Automatic Operators Included. 6. No Fire Rated Glass Included. 7. FG5 Glass Type Quoted as FG2 and SG7 Glass Type Quoted as SG2. FG5 and SG7 Glass Types not included in glazing section. 8. All Hardware By Others, but Installed by Rice Lake Glass and Door. 9. No Insulation Included Behind Spandrel Glass. 10. Exterior Door #1030B and Frame Deleted. Quoted prices are good for 30 days. Not responsible for delays of strikes or causes beyond our control. All the above work to be completed in a substantial and workmanlike manner. Payment to be made upon completion of contract unless otherwise agreed upon as follows: ACCEPTED: DATE X X By RICE LAKE GLASS & DOOR CO., INC. Terms: Cash with Order Date Nels Curnow (tgh) September 24, 2014 Terms 20 days ***We accept checks or cash only. 't** liwater rete 6 I IR T H P E A c E 0 MIHNESOIA CITY COUNCIL MEETING DATE: October 7, 2014 LANDOWNER: Sheryl Jespersen REQUEST: Special Use Permit for Craft Retreat B&B FROM: Bill Turnblad CASE NO.: 2014-27 REQUEST Ms. Jespersen is requesting the City Council to consider her Craft Retreat to be substantially similar to a B&B and to approve an after the fact Special Use Permit for it. BACKGROUND SUMMARY 1. This site is located at 1005 William Street North. 2. The property is zoned RB (Two -Family Residential District). 3. In the RB Zoning District, Bed & Breakfasts are allowed by Special Use Permit. 4. Ms. Jespersen markets her lodging as a Craft Retreat. 5. Ms. Jespersen began operating a lodging establishment on the property during the spring of 2014. The website for the lodging advertises accommodations, crafting equipment, and supplies for up to 12 people. 6. Craft Retreats are not specifically mentioned in the City Code, and are therefore presumed not to be permitted. Therefore, Ms. Jespersen requested the City to first determine that the proposed Craft Retreat is substantially similar to a Bed & Breakfast and second to consequently issue a Special Use Permit for the lodging use. 7. While building the business, Ms. Jespersen permitted non -crafting groups to reserve the guest rooms. The non -crafting guests tended to socialize outside until late at night; occasionally quite loudly, which generated neighborhood complaints and calls to the Stillwater Police Department. 8. Unlike the standard Bed (St Breakfast business model, Ms. Jespersen did not remain on the site to host her guests. This may have contributed to the disturbance complaints. 9. Ms. Jespersen proposes to revise her business model to be more consistent with the standard Bed & Breakfast model. Specifically, she proposes to: a) remain on site while her guests are present; b) restrict the maximum number of Craft Retreat guests to 10 at a time; and c) only accept reservations for crafting guests. Attached is a Planning Report that details the case. The hearing for this request was tabled without discussion at last Council meeting. Jespersen Craft Retreat Page 2 ALTERNATIVES The City Council has several alternatives, including: 1. Approval - If the Council finds that the lodging use is substantially similar to a Bed & Breakfast, then the Council could approve the Special Use permit by adopting the attached Resolution of Approval. 2. Denial - If the Council does not find that the lodging is substantially similar to a Bed & Breakfast, then the Council could adopt the attached Resolution that refers to a set of findings in support of denial. 3. Table - If the Council would like more information to come to a decision, table the request until October 21, 2014. If this alternative is chosen, an administrative extension to the October 13th 60 day review deadline will need to be invoked. RECOMMENDATIONS Planning Commission The Planning commission found the business model to be incompatible with the surrounding residential neighborhood and on a 5-4 vote recommended denial. City Staff City staff agrees with the Planning Commission's assessment of the current business model. But, if the business model is changed to be more like a standard B&B, Planning staff would recommend a nine month SUP with a review and revocation provision. If upon review the business model has changed to one compatible with the surrounding residential neighborhood, then a standard SUP could be issued. bt THE BIRTHPLACE OF MINNESOTA CITY COUNCIL REPORT DATE: September 30, 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 HEARINGS: Planning Commission - September 10, 2014 City Council - September 17, 2014 (tabled) REVIEWED BY: Stillwater Fire Marshal Tom Ballis, Stillwater Building Official Cindy Shilts REPORT AUTHOR: Bill Turnblad, Community Development Director DECISION DEADLINE: October 13, 2014 BACKGROUND Sheryl Jespersen lives at 1005 N William Street. She proposes to host Craft Retreat guests in her home, in a manner similar to that of a Bed & Breakfast. Up to 10 guests would be able to book two guestrooms1 and the common areas in her home for crafting weekends. While there, Jespersen would offer breakfast 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 lodging this spring without a SUP, because she was not aware that one was necessary2. When the City received a complaint about the use of her property, she was notified that she needed to make application for a use permit.3 ' A single bedroom at the front of the home serves as one guest room. The other guest room is a suite of two bedrooms, one being a walk-through bedroom. 2 Ms. Jespersen had phone conversations with City staff prior to purchasing her home. She asked if she could use her future home as a craft retreat. Staff responded that a craft retreat is not specifically mentioned in the Zoning Ordinance and where the Ordinance is silent, it is assumed the use is not allowed. So, if she used the home for a craft retreat and the City received complaints, there would be no guarantee that the use could continue. 3 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 When Ms. Jespersen opened her lodging place this spring, she planned to offer her home only as a Craft Retreat. This is evident from her website at http://www.stillwatercraftretreat.com. But, crafting reservations did not fill her rooms so she also allowed non -crafting groups to reserve on weekends. The non -crafting groups had a tendency to have loud parties outside, sometimes late into the night. This business pattern became problematic for neighbors, especially since Ms. Jespersen did not follow the B & B model and remain in her home to host (and monitor) these guests. The proposal before the City is to change the existing business model to follow the B & B model more rigorously. Specifically, Ms. Jespersen proposes to be on-site to host her guests while they are there. And, the rooms would be rented to crafters, not bachelorette parties and other groups whose primary intent would be to party. The first question that needs resolution is whether the proposed specific use can be considered a Bed & Breakfast. In other words, is it substantially similar enough to a B & B to consider it such? To help the City Council determine this, the definition of B & B is reproduced here: 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 compensation4. • It must be owner occupied. - The owner lives on the property and proposes to remain on-site and host the crafters during their stay in her home. • Only breakfast may be served. - Ms. 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 generally stay for a weekend. Though some stay for nearly a week. But, in all cases the guests pay for a weekend stay with an extra charge for each additional day. • The B & B must be in a historic residential structure. - It is not clear from the definition what is intended under the term "historic". In the performance standards for B & Bs the "historic" aspect is further clarified. "Historic" includes an age standard of at least 100 years5. The Jespersen residence was built originally in 1873, according to county records. Clearly the core of the building meets the age portion of the definition. But, "historic" also includes a rule that additions and rehabilitation of the house are to be by Department of the Interior Standards6. This aspect of "historic" is not as easy to review. The intent of the 4 City Code Sec 31-101, 16 5 City Code Sec 31-504, Subd 1(f) 6 City Code Sec 31-504, Subd 1(k) Jespersen SUP Page 3 of 7 standard seems to be to establish a baseline of historical integrity for B & Bs in Stillwater. Then the baseline goal would seem to be old houses that exhibit architectural features characteristic of the surrounding neighborhood. For the Jespersen home, several additions have been constructed over the years, including within the last decade. The additions and remodeling do not seem to incorporate Department of Interior standards. However, the core of the house does still resemble a Victorian Era home with room sizing, original wooden flooring, some of the fenestration is still genuine, etc. In summary, staff finds the definition of B & B to be substantially, though not completely, met by the request. REVIEW STANDARDS If the City 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 standards7. The eight that apply to this review are reproduced here. • Parking - 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, four off- street parking spaces would be sufficient. 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. • Dining Facilities - Dining facilities can only be made available to registered guests, not the public. And, only breakfast can be offered to these guests. 7 City Code Sec 31-504 Jespersen SUP Page 4 of 7 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 cumulative 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 portion of the Jespersen residence exceeds the minimum age requirement. The County Assessor states that the original portion of the house was built in 1873. • 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 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 the 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 Jespersen SUP Page 5 of 7 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 Over the years, including within the last decade, several additions were constructed to the house Jespersen now owns. The additions and remodeling does not seem to have been done with the intent to follow 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 made8: 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 cover9. 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 rooms10. The proposal with two 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. Maximum number of guest rooms - The maximum number of guest rooms is determined by several things: 1) the number of original bedrooms minus one; 2) the size of the house; and 3) the size of the lot. This can be seen in the table below. For the Jespersen situation, the combination of the three would allow a maximum of two guest rooms, if the HPC agrees that there were three original bedrooms. 1) The Heritage Preservation Commission will look at how many bedrooms the original house may have had at its October 6, 2014 meeting. It is assumed by staff that the house with the 1910 addition had three bedrooms. If the HPC finds this to be true, this rule would allow up to two guest rooms. Two guest rooms are being proposedll. 2) The subject lot's 15,000 square feet of area would allow up to four guest rooms. The number of original bedrooms results in a smaller number. 3) The 2,832 square foot house (not including basement craft area) would allow up to two guest rooms. Two guest rooms are proposed. 8 City Code Sec 31-1, Subd. 30(1)d 9 City Code Sec 31-308(b)(1) 1° City Code Sec 31-504, Subd. 1(g) 11 One guest room at the front of the upstairs; and a guest suite with a walk-through bedroom and a master bedroom at the rear of the upstairs. Jespersen SUP Page 6 of 7 Max. Number Guestrooms Permitted OriginalMax. Gross Number I House Size, of Not Including Basement, Bedrooms in Square Feet Min. Zoning Lot Size in Square Feet 1 12 3 Up to 2,499 7,500 2,500-2,999 3 4 3,000-3,499 4 5 3,500-4,999 5 6 5,000 up 10,000 10,000 15,000 20,000 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 the 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. In addition to parking, outside socializing is major concern to neighbors. The lodging guests have use of the home's deck. So, it is possible that 10 guests could socialize outside until rather late at night if weather is pleasant. And, though socializing could occur on the deck of any home in the neighborhood until late in the evening, the Craft Retreat has the potential for this to occur more frequently than a standard residence. So, it may be prudent to attach a condition that quiet hours be observed between 10 PM and 8 AM. ALTERNATIVES The City Council has the following options: 1. Determine that the proposed Craft Retreat is substantially similar to a B & B, and approve the requested Special Use Permit with the following conditions by adopting the attached Resolution of Approval. a. The maximum number of lodging guests (crafting guest or similar, only) is limited to 10 at a time. b. The owner must generally be on-site when lodging guests are in her home. c. Only breakfasts may be served in the B & B. Lodging guests may not be served lunch or dinner from the B & B's kitchen. d. Lodging guests may stay no longer than a week at a time. e. 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. f. Prior to installing an exterior sign, it must be reviewed and approved by the Community Development Department. Jespersen SUP Page 7 of 7 g. Prior to constructing the parking lot, the owner must submit an exterior lighting plan to the Community Development Department for review and approval. h. An annual fire code inspection shall be allowed by the owner. i. 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. j. The owner must make application to the County Health Department for a license to operate the Crafting Retreat B & B. The license must be issued and a copy filed with the City before the Special Use Permit will become effective. k. The owner must provide the City Finance Director with the B & B's Tax ID number before the Special Use Permit will become effective. 1. Lodging guest quiet hours must be observed between 10 PM and 8 AM. 2. Determine that the proposed Craft Retreat is not substantially similar to a B & B, and therefore deny the request for a Special Use Permit by adopting the attached Resolution of Denial and Finding of Fact. 3. Continue the public hearing until October 21, 2014 for additional information. If this alternative is chosen, the City will have to administratively extend the review period beyond the 60 day limit. RECOMMENDATION The Planning Commission recommended denial of the requested Special Use Permit on a 5-4 vote. Considerable discussion focused on the current business model's inconsistency with the business models of the other B & Bs in town and the current business model's incompatibility with the surrounding neighborhood. Attachments: Location Map Oblique Views Existing Parking Required Parking B & B Location Map Floor Plan Applicant Letter September 10, 2014 Planning Commission Minutes Resolution of Approval Resolution of Denial cc: Sheryl Jespersen RESOLUTION APPROVING A SPECIAL USE PERMIT FOR A BED & BREAKFAST AT 1005 N WILLIAM ST CASE NO. 2014-27 WHEREAS, Sheryl Jespersen requested approval of a Special Use Permit to allow her to operate a Craft Retreat Bed & Breakfast at her residence located at 1005 N William Street; and WHEREAS, the subject property is zoned RB, Two Family Residential; and WHEREAS, a Bed & Breakfast is allowed by Special Use Permit in the RB zoning districts; and WHEREAS, City Code Chapter 31, Section 31-207 establishes a process for reviewing requests for specially permitted uses; and WHEREAS, according to the established process, the Planning Commission held a public hearing on September 10, 2014; and WHEREAS, on October 7, 2014 the City Council held a public hearing to consider the Special Use Permit. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the Special Use Permit for a Craft Retreat Bed & Breakfast, with the following conditions: a. The maximum number of lodging guests (crafting guest or similar, only) is limited to 10 at a time. b. The owner must generally be on-site when lodging guests are in her home. c. Only breakfasts may be served in the B & B. Lodging guests may not be served lunch or dinner from the B & B's kitchen. d. Lodging guests may stay no longer than a week at a time. e. 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. f. Prior to installing an exterior sign, it must be reviewed and approved by the Community Development Department. Jespersen B&B Resolution of Approval Page 2 of 2 g. Prior to constructing the parking lot, the owner must submit an exterior lighting plan to the Community Development Department for review and approval. h. An annual fire code inspection shall be allowed by the owner. i. 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. j. The owner must make application to the County Health Department for a license to operate the Crafting Retreat B & B. The license must be issued and a copy filed with the City before the Special Use Permit will become effective. k. The owner must provide the City Finance Director with the B & B's Tax ID number before the Special Use Permit will become effective. 1. Lodging guest quiet hours must be observed between 10 PM and 8 AM. Enacted by the City Council of the City of Stillwater, Minnesota this 7th day of October, 2014. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk RESOLUTION ADOPTING FINDING OF FACT, CONCLUSION AND ORDER RELATED TO A SPECIAL USE REQUEST FOR A BED & BREAKFAST AT 1005 N WILLIAM STREET CASE NO 2014-27 BE IT RESOLVED by the City Council of Stillwater, Minnesota that the Finding of Fact, Conclusions and Order related to the Special Use Permit request for 1005 N William Street, as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign the said Finding of Fact, Conclusions and Order. Adopted by the Stillwater City Council this 7th day of October 2014. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF STILLWATER BEFORE THE CITY COUNCIL In Re: Sheryl Jespersen 1005 William Street N Special Use Permit Request Case No. 2014-27 FINDINGS OF FACT CONCLUSIONS AND ORDER The City Council convened a Public Hearing for Case No. 2014-27 at 7:00 p.m. on September 17, 2014 at the Council Chambers in City Hall, and continued the Public Hearing at the request of Sheryl Jespersen ("Applicant") to 7:00 p.m. on October 7, 2014. The purpose of the Public Hearing was: 1) to consider a request to find the Applicant's proposed Craft Retreat at 1005 William Street North to be substantially similar to a Bed & Breakfast, and 2) if found substantially similar then to approve a Special Use Permit for the use. At this Public Hearing, the City Council considered the oral report of Abbi Wittman, City Planner; testimony and exhibits submitted by the Applicant; the Staff Report dated September 30, 2014 by Bill Turnblad, Community Development Director; Minutes of the September 10, 2014 Planning Commission meeting; testimony of adjacent neighbors of the property in question; and the Planning file prepared by City Staff for the Application. The Planning Commission also held a Public Hearing and reviewed the case. This hearing was held on September 10, 2014. NOW, THEREFORE, based upon the documents that have been made a part of this file, upon the testimony of all those who offered it, and upon all the files, records and proceedings herein, the City Council makes the following: FINDINGS OF FACT 1. This site is located at 1005 William Street N, Stillwater, Minnesota. 2. The property is zoned RB (Two-Family Residential District). 3. In the RB Zoning District, Bed & Breakfasts are allowed by Special Use Permit. 4. The Applicant markets her lodging on the property as a Craft Retreat. 5. The Applicant began operating a lodging establishment on the subject property during the spring of 2014. The website for the lodging advertises accommodations, crafting equipment, and supplies for up to 12 people. 6. Craft Retreats are not specifically mentioned in the City Code, and are therefore presumed not to be permitted on the subject property. Therefore, the Applicant requested the City to first determine that the proposed Craft Retreat is substantially similar to a Bed & Breakfast and second to consequently issue a Special Use Permit for the lodging use. 7. While building the business, the Applicant permitted non-crafting groups to reserve the guest rooms. The non-crafting guests tended to socialize outside until late at night; occasionally quite loudly, which generated neighborhood complaints and calls to the Stillwater Police Department. 8. Unlike the standard Bed & Breakfast business model, the Applicant did not remain on the site to host her guests. This may have contributed to the disturbance complaints. 9. The Applicant stated during Public Hearings held for the request that she proposed to revise her business model to be more consistent with the standard Bed & Breakfast model. Specifically, she proposed to: a) remain on site while her guests were present; b) restrict the maximum number of Craft Retreat guests to 10 at a time; c) only accept reservations from crafting guests. 2 CONCLUSION OF LAW 1. That this matter was properly before the City Council pursuant to the procedure set forth in the City Code. 2. That the Planning Commission's discussion focused on the Applicant's business model and its incompatibility with the surrounding residential neighborhood, as well as its dissimilarities with Bed & Breakfasts as described in Section 31-504 of the City Code. Consequently, the Planning Commission recommended on a 5-4 that the City Council deny the Special Use Permit request. 3. That the City Council concurs with the Planning Commission recommendation. 4. That based upon the findings, the requested lodging fails to meet the requirements of the City Code, will be a detriment to adjacent property, will frustrate the purpose of the Zoning Ordinance, and violate the spirit of the Comprehensive Plan. ORDER IT IS HEREBY ORDERED 1. That the request for a determination that the lodging in question is substantially similar to a Bed & Breakfast, as well as and the associated Special Use Permit, are denied with prejudice. Adopted by a vote of the City Council this 7th day of October, 2014. CITY OF STILLWATER ATTEST: Diane F. Ward, Clerk Ken Harycki, Mayor 3 EXHIBITS A. Planning Application form dated August 14, 2014. B. Staff report to the Planning Commission dated September 6, 2014 written by Bill Turnblad, Community Development Director. C. The September 10, 2014 Planning Commission minutes. D. Staff report to the City Council dated September 30, 2014 written by Bill Turnblad, Community Development Director. E. The August 17, 2010 City Council minutes. F. Planning File for Case 2014-27. -4 legal description South 2/3 of Lots 3, 4 and 5, Block 4, Staples and Mary's Addition of Stillwater, Washington County, Minnesota. 5 MEMORANDUM TO: Mayor and City Council FROM: Robert Benson, Manager Board of Water Commissioners DATE: October 3, 2014 SUBJECT: Adopting Proposed Assessment for Water Service Line Repairs 2013 and 2014. DISCUSSION: At the September 2, 2014 meeting Council ordered the public hearing for water Service Line Repairs for 2013-14 for the October 7th meeting. Since that time one property owner has signed an Agreement of Assessment and Waiver of Irregularity and Appeal authorizing the assessment to their property (33.030.20.12.0123 2 year assessment (4.5%) 904 Fifth Street). The other two properties have not and no written objections have been received as of the date of this memo therefore the public hearing must be held for the remaining two properties. Notices were mailed to affected property owners and published in the Stillwater Gazette. RECOMMENDATION Board of Water Commissioners recommends that Council adopt the resolution adopting the assessments on the remaining two properties as follows: Name & Interest Address Rate Years Cost PIN Sherwood Forest 4.50% 10 $9,134.98 33.030.20.33.0013 Commercial LLC 1902 Greeley St. S Nathan Pingel 702 Hickory St. W 4.50% 8 $7,924.77 28.030.20.22.0051 ACTION REQUIRED Hold the required public hearing and if Council concurs with the recommendations, they should pass a resolution entitled "RESOLUTION ADOPTING ASSESSMENTS FOR 2013-2014 WATER SERVICE REPAIRS (L.I. 009.)" RESOLUTION ADOPTING ASSESSMENTS FOR 2013-2014 WATER SERVICE REPAIRS (L.I. 009) WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard all objections to the proposed assessment for the 2013-2014 Water Service Repairs (LI 009) for the following area: 28.030.20.22.0051 702 Hickory Street W 33.030.20.33.0013 1902 Greeley Street S NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. Such proposed assessments, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Parcel ID - 28.030.20.22.0051. Such assessment ($7,924.77)shall be payable in equal annual installments extending over a period of eight (8) years, the first of the installments to be payable on or before the first Monday in January 2015, and shall bear interest at the rate of four and one half (4.5) percent per annum from the date of the adoption of this assessment resolutions. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2014. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. Parcel ID - 33.030.20.33.0013. Such assessment ($9,134.98) shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January 2015, and shall bear interest at the rate of four and one half (4.5) percent per annum from the date of the adoption of this assessment resolutions. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2014. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. Property owners may at any time prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City of Stillwater Treasurer. NO INTEREST WILL BE CHARGED IF THE ENTIRE ASSESSMENT IS PAID BY NOVEMBER 15, 2014. If the assessment is not paid by November 15, 2014, accrued interest from the date of the adoption of the assessment roll through December 31, 2015 will be added with the first installment due in 2015. If payment is not received by November 15, 2014, the amount listed above will be collected over a 10 -year period with interest added at 4.5% per year on the unpaid balance. The yearly installments will be collected with the property taxes that are paid to Washington County. At any time thereafter, prior to November 15th of any year, pay the remaining principal balance (in whole or part) to the City of Stillwater. 5. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Stillwater City Council this 7th day of October 2014. ATTEST: Ken Harycki, Mayor Diane F. Ward, City Clerk TO: FROM: DATE: SUBJECT: MEMORANDUM Mayor and City Council Shawn Sanders, Director of Public Works October 2, 2014 2014 Street Improvement Project Assessment Hearing and Adoption of Assessment Roll Projects 2014-02 DISCUSSION: Construction on this year's street improvement project is still ongoing with the mill and overlay of the streets yet to be completed. The project included these streets; Curve Crest Boulevard from County Road 5 to Washington Avenue, Orleans Street from County Road 5 to Curve Crest Boulevard and Market Drive from Curve Crest Boulevard to Orleans Street. The contractor is planning to begin and complete some of the work on October 3 and 4, weather permitting. Final project costs is estimated at $785,578.92, right around the feasibility estimate. It is planned that properties be assessed according to ur assessment policy which has properties within the Industrial Park( Curve Crest, Market and the South Side of Orleans) be assessed 100% of the improvement costs for a rate of $62.23/LF and properties on the north side of Orleans Street assessed at 80% for a rate of $37.69/LF. Since Orleans is designated a Municipal State Aid Street, a credit in the amount of $4.32/LF for a residential equivalent of a standard city street is included in the final assessment amount for the residential properties on the north side of Orleans Street. Also, since many of the street segment are being improved earlier than their expected 25 year life, a credit was be given based on the remaining years of life since the last construction. The assessment period would be 10 years at an interest rate of 4.5%. A copy of the assessment roll is included. Summary of the project cost breakdown after computing the final assessment amounts is as follows: Property Assessments ( Non City) $496,438 (64%) City Property $138,409 MSAS credit $12,038 Street Life Credit $109,409 City Responsibility (Orleans Street)(20%) $28,847 To date there has been one objection to date and is included with this memo. RECOMMENDATION: Staff recommends that Council hold the assessment hearing, and adopt the attached assessment roll for the 2014 Street Improvement Project. ACTION REQUIRED: If Council concurs with the staff recommendation, they should conduct the public hearing and pass a motion adopting Resolution No. 2014-, RESOLUTION ADOPTING ASSESSMENT FOR 2014 STREET IMPROVEMENT PROJECT (PROJECT 2014-02) RESOLUTION ADOPTING ASSESSMENT FOR THE 2014 STREET IMPROVEMENT PROJECT (PROJECT 2014-02) L.I. 403 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard all objections to the proposed assessment for the 2014 Street Improvement Project for the following area: Properties abutting Curve Crest Boulevard from County Road 5 to Washington Avenue, Orleans Street from County Road 5 to Curve Crest Boulevard and Market Drive from Curve Crest Boulevard to Orleans Street. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. Such proposed assessments, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10 years, the first of the installments to be payable on or before the first Monday in January 2015, and shall bear interest at the rate of four and one half (4.5) percent per annum from the date of the adoption of this assessment resolutions. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2014. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. Property owners may at anytime prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City of Stillwater Treasurer. NO INTEREST WILL BE CHARGED IF THE ENTIRE ASSESSMENT IS PAID BY NOVEMBER 15, 2014. If the assessment is not paid by November 15, 2014, accrued interest from the date of the adoption of the assessment roll through December 31, 2015 will be added with the first installment due in 2015. If payment is not received by November 15, 2014, the amount listed above will be collected over a 10 -year period with interest added at 4.5% per year on the unpaid balance. The yearly installments will be collected with the property taxes that are paid to Washington County. At anytime thereafter, prior to November 15th of any year, pay the remaining principal balance (in whole or part) to the City of Stillwater. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the council this 7th day of October 2014. ATTEST: Ken Harycki, Mayor Diane F. Ward, City Clerk Diane F. Ward, City Clerk Sept. 25, 2014 As an owner of parcel No. 3203020320045 located at 2510 Curve Crest Blvd., Stillwater,MN., I object to the assessment of $9196.62 for the street improvement project No. 2014-02,LI403. More specifically, I feel that our share or obligation of 100% of the cost for our frontage is unfair. While I agree the improvements are necessary and benefits will be realized, many hundreds of other local residents and various businesses will also benefit from this project. Curve Crest Blvd. from County Rd. 5 east all the way to Greeley Ave. has through the years become a convenient alternate to Hwy. 36 for hundreds of motorists daily. At our property I estimate less than 10% of this traffic volume enters our parking lot, and half of those are either visiting Culver's, or are taking a short cut to Market Drive. To quickly identify our property, we(AJD Investments), currently lease space to Coldwell Banker Burnet, Allstate insurance, and Great Harvest Bread Co. My neighbor and owner of Certified Transmission, the other half of 2510 Curve Crest Blvd. is also being assessed $9,196.62 for a total of $18,393.24 at this location. I acknowledge that over time repairs and maintenance are part of owning a commercial property and feel an equitable compromise would be splitting the assessment 50% or $4598.31 City of Stillwater, 50% or $4598.31 AJD Investments. Sincerely, e r James K on, owner, AJD Investments 1717 Cudd Circle, Hudson, WI. 54016 E C D SEP 292014 En7 ASSESSMENT PERIOD: 10 YEARS 4.5 % INTEREST RATE FINAL ASSESSMENT ROLL 2014 STREET IMPROVEMENT PROJECT PROJECT 2014-02, U 403 2014-02 10/2/2014 TAXPAYER NAME/COMPANY REPRESENTATIVE Address City State Zip Industrial park N. side orleans Street SO % Assessment MSAS St Credit St Life Credit Total Assessment PROPERTY ADDRESS LF St Life % GEOCODE 3203020130004 LOHNETRUDI W 1554 BEN ST1LLWA1 MN 55082 5178076 5178076 $204.12 $14246 51.434 18 1554 BENSON BLVD W 4725 8: 001n 3203020130011 REISGRAF MATTHEW & PAULA 1564 HIG STILLWA MN '55082 51.780 76' $1.780 76 $204 12. $142 46 51A34 18 1564 HIGHLAND RD 4725 8 00% 3203420130023 MERTEN DANIEL & SARA 1555 BEN STILLWA. MN 55082 $1 780 76 $1280 76 $20412 514246 $1 434.18 1555 BENSON BLVD W 4725 8.00°4 3203020130024 FIBISON GEORGE & JOANNE 1573 HIG. STILLWA MN 55062 $1.780 76 51.710 76 5 71-7 I' $142.46 81 434 18 1573 HIGHLAND RD 47 25 8.00°/ 32031120140022 SLEIN THOMAS P 1572 BEN STILLWA MN 55482 1 $178076 $1.78076 $20412 $35615 $12220491572; BENSON BLVL7 E 4725 20.00% 3203020230001 YM 38 LLC YOCUM PROP LLC 2719 STIL MAPLE/VA MN 55119 _ 511.457.15 $11,457 15 $0,00 $11,45715 2500 ORLEANS ST _ _ 30.1 00 0 3203020240002 .ORLEANS HOMES LTD PTSHP ATTN HAROLD W 7EASOAL=4735 EXC MINNEA.iPI MN 55416 $13,791 55 513.791 55 81,580..86 $0.00 $12,210.69 1401 COTTAGE DR 365 94 000% 3203020240016 WASHINGTON CO HRA 7645 CUR W000BLI. MN 55125 512,653 17 $12,663.17 01.451 52 $0.00 $11211 65 2400 ORLEANS ST W 336.00 0.00% 32 0302 02 4001 7 COMMUNITY THREAD 2300 ORL STILLWA. MN 55082 $9,05228 89.05228 81.037 62 $0.00 58.014.66 2300 ORLEANS ST W 24019 0.00% 3203020240054 WOODS CAROL J 1546 COT STILLWA MN _ 55082 547110 $4711.0 $54.00 $000 $417.10 1546 COTTAGE DR 0.00% 3203020240055 MOSER MEREDITH 1542 CO STILLWA MN 55082 $471 10. $471 10 $54.00 $0 00 $417 10 1542 COTTAGE DR 0 00% 3203020240056 ROSS TERA L 1538 CO STILLWA. MN 55082 $471 10 2471 10 $5400 $0.00 $417..10 1538 COTTAGE DR 0.00% 3203020240057 SONE ADAM M & JENNIE C SWEENEY 1215 1ST STILLWA MN 55082 5471 10 $471 10 $54 00 50 00 $417 10 1534 COTTAGE DR 000% 3203020240058 JUDE BUILDING LLC 286 RICE • FRIDLEY MN 55432 8471.10 $471.10 $54.00 50.00. $417.10 1530 COTTAGE DR 0.90% 3203020240059 FISHER DAVID J & KAY A 1526 CO STILLWA MN 55082 0471.10 0471.10 $54.00 $0.00 5417.10 1526 COTTAGE DR 150 00 0 00% 3203020240060 MARKUSON PETER B & CHRISTINE M 1502 CO STIU.WA MN 55082 $471.10 0471.10 554.00 50.00 $417.10 1592 COTTAGE DR 0 00% 3203020240061 WELLS FARGO BANK NA 5476 STA FORT MIL SC 29715 5471 10 $471 10 $54 00 $0 00 $417 10 1506 COTTAGE DR 0. c010°rb 3203020240062 SPRINGBORN MELISSAA 1510 CO STILLWA MN 55082 547110 5471.10 $54.00 $0.00. $417.10 1510 COTTAGE DR 000%. 3203020240063 HALFEN LORRAINE 1514 CO STIL WA MN 555082 5471 10 $471 10, 554.00 $0..00 5417 10 1514 COTTAGE DR 0 00% 3203020240064 LUTZ KAREN A 1518 CO STILLWA MN 55082 847110 5471.10. 554_00 $0.00 5417.10 1518 COTTAGE DR 0 00% 3203020240065 BETTIN ADAM 7711 LAK. S T 6LL'NA MN 55082 5471 10 $471 10 554.00 50 00 5417 10 1522 COTTAGE DR 0 00% 3203020310002 VILLA VINO PROPER I IES LLC 81 6 NINT. MINNEAPi MN 55402 $7,031 63 57,031.63 5562.53 56469.10 2225 1 CURVE CREST BLVD 113.00 800% 3205020310003 VILLA VINO PROPERTIES LLC 81 S NINT MINNEAPt MN 55402 $7.031 63 $7.031.63. 5562.53 56.469.10 2159 CURVE CREST BLVD 113.00 8 001.0 32133020310004 SIMONETFURNITURE CPT CO INC 2871WOuST1LLWA MN 55052 $7.0316.3 _ 57.03163 5562.53 $6,469102158 'CURVE CREST BLVD 11300 8 00% 3203020310005 SIMONET FURNITURE CPT CO INC 2871 WO' STILLWA MN 55082 $7.031 63 $7.031 63 $562.53 $6.469 10 2159 CURVE 08657 BLVD 113.00 8.00% 3200020310006 SIMONETFURNITURE CPT CO INC 2871WOUSTILLWA MN 55082 _ 57,03163 57.031.63 $562..53 $6.469102151 CURVE CREST BLVD _ 11300 800% 3203020310007 SIMONET FURNITURE CPT CO INC 2871 W. STILLWA i MN 55052 57.15608 57.15608 $57249 56.583 99 2159 CURVE CREST BLVD 115.00 8..00% 3203020310008 CURVE CREST VILLA PO BOX 1 STILLWA: MN 55082 $32,51038 532.510.38 $0 00 $32.510 38 2225 ORLEANS ST W 522.45 0 00% 3203020310011 ' VIA MORRIS LLC 3030 HAR PLYMOUT MN 55447 $18,045.76 $18.045 76 81 .443 66 _ _ 516.60210 1754 WASHINGTON AVE 290.00 8.00% 3203020320027 APS ENTERPRISES LLP 334716 ANDOVE MN 65304 529371.04 529,371 04 85.87421 S23,496 83 1798 MARKET DR 472.00 20 00% 3203020320029 KFP INVESTMENT PROP STILLWATER ATTN: JAY FEIDER 1777 WIN t WOODBU MN 55125 58770.86 58.770.86 51.754.17 57.016 69 1754 MARKET DR 140 95 20 00%, 3203020320030 MARKET DRIVE CAR WASH INC 1732 MAR' STILLWA - MN 55082 $8,25438 $8254.38 $1.650 88 86,603 51 1732 MARKET DR 132 65 20 00% 3203020320031 ROSE PROPERTIES LLC 13255 W = BROOKF1 • WI 53005 $8,889 09. $8.889 09 $1.777 82 57.111 28 1674 MARKET DR 14285 20 00 3203020320032 BUTTERNUT PROPERTIES 1 LLC 1950 NOR. STILLWA MN 55082 59,523 81', 59.523.81 $1.904 76 87.619 05 1650 MARKET DR 153 05 20 00% 3201020120013 BUTTERNUT PROPERTIES 1 LLC 1950 NOR STILLWA MN 55082 $10,471 52 510.471 52 $2.094 70 58,377 22 168.28 20.00% 3303020320036 R & S SYSTEMS LLC ATTN STEVEN RASMUSSEN 1725 MAR STILLWA MN 55082 $29.723 24 $2932324 55,944 65 523 778 59 1725 MARKET DR 477 66 20 00% 3203024320037 FOREKIDS LLC 1655 MAR STILLWA MN 55082 $23.017 68 _ 823.017 68 $4.603 54 518,414.15 1655 MARKET DR 369.90 20 00% 3203020320039 KFP INVESTMENT PROP STILLWATER ATTN: JAY FEIDER 1777 WIN' WOODBU MN 55125 56.760 94 $6,760.94 $1,352 19 85,408 75 168.65 20 005.0 3203020320040 APS ENTERPRISESLLP 334715 ANDOVE` MN 55304 $3.48470 $3.484.70 $696.94 52.78776 _ 56.00 2000% 3203020320044 SOARING EAGLE MANAGEMENT LLC 33748 UN TAYLORS MN 55084 $11.377 54 511,377 54 $2,275 51 89.102 03 2510 CURVE CREST BLVD 182.84 20 00 3203020320045 AJD INVESTMENTS LLC 1717 CUD HUDSON WI 54016 $11,495 77 511.495 77 52,299 15 $9.196 62 2510 CURVE CREST BLVD 184.74 20 00% 3203020320069 MCDONAID'S USA LLC PO BOX 1 COLUMB OH 43218 530.645 44 530,645 44 85.209.73 $25.435 72 2601 ORLEANS ST W 492.48 17 00 3203020330005 STILLWATER MP I LLC CHASE PROPERTIES LTD 3333 RIC BEACHW' 01; 44122 512235.03 $12.235 03 52,447-01 59,788.02 1820 MARKET DR 196 62 20 00% 3203020330016 STILLWATER MP III LLC _ ATTN CHASE PROP LTD 3333 RIC BEACHWr 01-I 44122 55,994 93 $5,994 93 50 00 $5.994 93 - 96.34 3203020330017 SUPERVALU HOLDINGS INC 11840 VA EDENP-_• MN 55.344 555,29845 $55.29845 $11,059.69 544,238 76 1501 MARKET DR 888 66 20.071°6 3203020330018 HOLIDAY STATION STORES INC. ATTN TAX DEPARTMENT 4567 AME BLOOMIN MN 55437 510.286 711 510286 71 52.057 34 $8229.37 1835 MARKET DR 165 31 20 00 3203020410001 COURAGE CENTER 3915 GOL GOLDEN MN 55422 $53.126 11 $53.126 11 510,625 22 $42500.89 1300 CURVE CREST BLVD 853 75 20 sin 3203420410003 STILLWATER VILL LP ATTN METES & BOUND MG 6640 LYN+ RICHFIELI MN 55423 59,97601 59.976 01 51,143 50 81.995 20 $6.837 31 1677 ORLEANS ST W 264 70 20 00%; 3203020410007 ASI STILLWATER INC 2550 UNI ST PAUL MN 55114 59.272.76 59.272 76 51.062 89 51.854.55 56,355.31 1380 CURVE CREST ST 246.04 20 000: 3203020420521 _ STILLWATER HEALTH SYSTEM 927 CHU--STILLWA MN 55082 571.676 53 571.676 53 $9.246.27 562,430 26 1500 CURVE CREST BLVD 1,151 86 12.90% 32030204201177 STILLWATER HEALTH SYSTEM 927 CHU`.STILLWA -. MN ' 55082 $10.567 97 $10.567 97 _ 52113 59 88.454 38. 1501 CURVE CREST BLVD 169 83 20.00% 3203020310009 CITY OF STILLWATER 216 N FOC STILLWA MN 55083 548.159 79 $48,159 79 $4.815 98 543.343 81 Outlot A Saltwater Market Place 773.94 10 00% 3203020310012 CRY OF STILLWATER 216 N FO STILLWA MN 55084 $52.077.59 852.077 59 55,988.92. 546.088 67 oulot 5 Stillwater Market Place 836 90 11.50.0 3203020320014 CITY OF STILLWATER 216 N FO .. STILLWA MN 55085 $31.468 70 $31.468 70 86,293 74 $25.174..96 Outlot F Stattau Marker Place 505 .71 20 00% 5303020240001 CITY OF STILLWATER 216 N FO STILLWA MN 55086 82.568 44 52.568 44 $294.41 $000 52274 03 Oudot 0 009000s of Sal1wuer 68 15 0.00% 32 03 020 1 3 0093 CITY OF STII.LWATER 216 N FO STILLWA MN 55087 524,664.91 $24,664.91 82,827 22 $4.932.98 816.904 71 Sons,, Park 1 654 45 20 00% 3203020330002 CITY OF STILLWATER 216 N FO STILLWA MN 55088 55,453 55 $5.453 55 51,090 71 $4.362 84 Oudot A S1wateu Alarkat Place 87 64 20 0044 2014-02 10/2/2014 Uwater H E 8 I A e H P I ACE 01- MINNESOTA CITY COUNCIL MEETING DATE: City Council: October 7, 2014 CASE NO.: V/2014-29 Planning Commission: September 10, 2014 APPLICANT: Jeff and Janet Parent, property owner REQUEST: Consideration of an appeal to the Planning Commission's denial of a 2' variance to the fence regulations for the installation of a wood, privacy fence on an exterior (side) yard at the property located at 200 Edgewood Avenue ZONING: RA - One Family Residential COMP PLAN: Low Density Residential PREPARED BY: Abbi Jo Wittman, City Planner REQUEST The applicant is appealing a Planning Commission's denial of a 2' height variance request for the installation of a 6' fence on the exterior (side) yard at the property located at 200 Edgewood Avenue. The maximum height allowed in this corner lot location is 42 inches. RELEVANT BACKGROUND This request comes before the city after the owner's removal of a pre-existing, non -conforming 6' fence from the site. City Code Section 31-508, Subd. 5 indicates that "No existing fence in violation of this Section 31-508 will be allowed to be replaced or rebuilt. Should an existing fence be replaced or rebuilt, it must come under the regulations of this Section 31-508." So, the applicant could not put up a new 6' high fence in place of the non -conforming fence that was removed. The applicant could, however, put up a 6' fence at a location that was 30' back from the property line on Interlachen Drive. On September 10th the Planning Commission held a public hearing to consider the 2' height variance request. At the hearing Mr. Bill Englund, 211 Edgewood Avenue, and Jeff Meyer, 2603 Interlachen Drive stated they were in support of the applicant's request. Commission discussion centered on when the Ordinance took effect that would prohibit 6' fences. While staff was unable to produce that information in the hearing, it has been determined that the City adopted Ordinance No. 792 in 1994. The Ordinance indicated "In residential districts, fences located in the front year beyond the building line shall not exceed 42 inches in height." The applicant's preexisting fence predated the Ordinance adoption. The City Code was modified in 1995, through the adoption of Ordinance No. 815, to reflect the 42" maximum on the side yard of corner lots. It was later amended, with the adoption of Ordinance No. 917, to 200 Edgewood Avenue Case V/2014-29 (CC: 10-7-2014) Page 2 change the language to reflect the 42" maximum on 'exterior side yards', the term for the side yard of corner lots, as well as to address clear corners under a different subsection. Commission Fletcher made a motion, seconded by Commissioner Middleton, to deny Case No. V/2014-29 based on the fact the Commission cannot identify allowable criteria for granting the variance. The Commission's denial was unanimous. APPLICABLE REGULATIONS AND STANDARDS City Code Section 31-508, Fence Regulations, Subd. 3(e) indicates "In residential districts fences are limited to a height of 42 inches in the front yard and exterior side yard setback areas." Section 31-208, Variances, indicates a variance may only be granted when all of the following conditions are found: 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 31-508 is to provide for the regulation of fences in the city, to prevent fences being erected that would be a hazard to the public, or an unreasonable interference with the uses and enjoyment of neighboring property and are compatible with existing uses, other zoning restrictions and drainage ways. In addition, lower fence height along street yards, both front and side street yards, protects motorist visibility triangles and helps to prevent streetscapes from becoming unattractive tunnels. 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; The property owner proposes to erect a privacy fence for use and enjoyment of the backyard. The fence would be in the same location and of the same measurements as a fence that had been on the property since the owner purchased the property. The construction of fences on residential lands is reasonable. The challenge in this instance is that since the property is on a corner, the portion of the back yard along the side street also serves as a street frontage yard where lower fences are required to prevent tunneling and other potential issues. ii. The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner; and Although the 42" restriction is reserved for exterior (side) yards, corner lots are not unique in this neighborhood, or any neighborhood in the City. Additionally, section 31-508, Subd. 5. Existing, indicates "No existing fence in violation of this Section 31-508 will be allowed to be replaced or rebuilt. Should an existing fence be replaced or rebuilt, it must come under the regulations of this Section 31-508." The property owner removed the exterior (side) yard fence in August. iii. The variance, if granted, will not alter the essential character of the locality. The essential character of the locality is changing as the conversion of 6' fences to 42" 200 Edgewood Avenue Case V/2014-29 (CC: 10-7-2014) Page 3 fences has steadily been occurring throughout the City and in the Croixwood Neighborhood. The reduction of 6' fences has decreased the street -wall effect. While 6' fences exist throughout the neighborhood, no new fences in excess of 42"1 in height have been permitted since the City's adoption of Section 31-508. (Subject property on right side of street) 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. COUNCIL ALTERNATIVES AND RECOMMENDATION The City Council has several alternatives, including: 1. If the Council finds that the variance request satisfies the necessary conditions for granting a variance, then direct staff to prepare a Resolution of Approval to be brought to the October 21st Council meeting for adoption. [The 60 day review deadline is October 25, 2014.] 2. If the Council does not find the variance request to satisfy the necessary conditions for granting a variance, then direct staff to prepare a Resolution of Denial to be brought to the October 21st Council meeting for adoption. [The 60 day review deadline is October 25, 2014.] 3. If the Council would like more information to come to a decision, table the request until October 21, 2014. Staff recommends the second alternative. ATTACHMENTS Applicant Appeal Request ' City Code Ch 31-100, Subd 2(b) allows measurements in the Zoning Chapter to be rounded up a half foot. Consequently, 3 '/2 fences in font yards are actually permitted to be 4 feet tall. 200 Edgewood Avenue Case V/2014-29 (CC: 10-7-2014) Page 4 Site Location Map Narrative Request Yard dimension plan Application photographs Signatures of support Appeal to the Stillwater City Council for fence variance at 200 Edgewood Ave. The current 6 foot fence that had been on this property for 30 plus years had finally come to the end of its useful life, post were rotting off and it had become cosmetically unappealing. Living on a fairly busy street and corner lot, we like and need the security, privacy, and safety this fence offered us. We are not changing the essential character of our neighborhood as we simply want to exchange the old rotten 6 foot wood fence for brand new 6 foot cedar wood fence to be professionally installed in the exact same location. Again, not changing the look of the neighborhood only enhancing it with a new fence. Also, this fence does not impede the sight line on Interlachen Ave. or Edgewood Ave. PRIVACY, SECURITY, and SAFETY are the number one goals for our family and a 6 foot fence provides that for us. We enjoy our large and deep backyard but do not enjoy having others watch us as we are entertaining our family and friends or looking in our windows from the street as we eat a family meal together. Jeff is self-employed and it is essential for him to store business equipment in the backyard, out of sight, to not only prevent the potential of theft but to also be respectful to what our neighbors see when they look out their windows. We have pets that we need to be contained for safety and we need to keep trespassers out as well. It is scary for anyone but especially children to see a stranger in their backyard anytime but especially at night. We have full support of our rrmedl,ate neighbors, t-elfbds 7-/7 illwater The Birthplace of Minnesota 200 Edgewood Avenue SITE LOCATION Subject Parcel s 0 85 170 340 Feet riVilillirardi1111111111, pmSOP, -rFiVL J 11115r, Up" F suit 1117. llllllllllll 07$0.1....:',47.....; #4... - ..a.171164,011.44,11.:::4.1‘....., zurwii 7,_11...t..r t7.4.1, '114:11:::::!..4:71117:. tool...." ‘\ le ES' Li '* /.4 4.044, *,..4.4.T. 4,4•14r* 1 0. do A : no:00:: 1:1114 al g. 4 . A isiab,01"14°' • 0 i I. . a iiiirogi..411 A*" w" , a I ihIll g. ch T., ,h ,,,c run ... S:1!) .10010 toe* . • Swei r se;itt4..•, -." 'llr'g:::a:: - ?Iiiir,:::$17!,117:0""---1 ,„ 0 MI Ligilliilliabal • IllidattliM.1111,:ig:7WW ,1\,,? VOW iligifilp Ira --.r 4. dillak 16111 rddimalliwill""fA All III! 8/15/2014 Request for a fence variance We, Jeff and Janet Parent residing at 200 Edgewood Avenue Stillwater, are filing a variance to put up a new beautiful 6 -foot cedar fence around our entire back yard as a replacement for the original (25+ years), falling apart, eye sore 6 -foot wooden fence. This new fence would be built on the exact line as the old fence. The original fence was in poor condition when we moved into this home 12 years ago and we have done our best to maintain and keep it standing and safe. Due to the posts rotting out it was a must to come down. The new fence will be well maintained from the start. Again, the new fence will be in the exact spot as the old fence. A 4 -foot fence would not offer us the privacy and security we have had all these years and want and need due to living in an active neighborhood. We have attached a list of signatures from our neighbors that are supportive in us enhancing the neighborhood. _� _ .m. .... t Replacing 6 foot wooden fence at 200 Edgewood Avenue Stillwater We, the listed, have no concerns and support Jeff and Janet Parent, 200 Edgewood Avenue, Stillwater, in replacing their current 6 foot wooden fence with a new cedar 6 foot wooden fence. Printed Name and signature address and date v ms-f7cr& A ti(,(_(,,( ,4 --L---,,x- 4 moi( 4 Q� _c/; /f �1 '/kv,s-7Z -1__ ) j 0 'C:i„l) /---Fg125(Si' 51 '4,f 1q3 cc)16r-,LcC.< ci_:: )\ ' 5 s- oc leAl &/ -.10 i S. MAJ e'Z i 5 k OdL `Z"1 T v4 -v- ,-\ q 1 l\UL-----c.,r City Council DATE: September 29, 2014 REQUEST: Consider 2nd Reading & Adoption of Design Permit Valuation Amendment FROM: Bill Turnblad, Community Development Director BACKGROUND 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. The first reading of the ordinance amendment occurred on September 2, 2014. At that reading the Council asked staff to identify the specific construction index to be used and then approved the reading. COMMENTS The construction index the staff recommends using is the US Department of Commerce's composite construction index, which has been added to the ordinance for the second reading. RECOMMENDATION If the Council finds that the attached ordinance addresses the Design Permit valuation satisfactorily, then the Council could approve the second reading of the ordinance and adopt it. Attachments: Ordinance 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 according to the United States Department of Commerce's composite construction 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 MAGNUSONLAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE GRAND GARAGE 324 MAIN STREET SOUTH • SUITE #260 • STILLWATER, MN 55082-5165 TELEPHONE: (651) 439-9464 • FACSIMILE: (651) 439-5641 W W W.MAGNUSONLAWFIRM.COM DAVID T. MAGNUSON CASI R. BUTTS DTMAGNUSON@MAGNUSONLAWFIRM.COM CRB@MAGNUSONLAWFIRM.COM MEMORANDUM TO: Mayor and City Council FROM: David T. Magnuson DATE: October 2, 2014 RE: Stillwater Caves Extension Attached is the Extension Agreement that was authorized at the September meeting and that now bears the signature of the Developers. It is now in proper form for consideration by the council. Further, it was brought to our attention that a mechanic's lien statement was filed against the property by the Finn Daniels Architect, Inc. claiming a lien in the amount of $44,628.65. Section 7.2.1 of the Redevelopment Agreement prohibits the creation of encumbrances or liens on the property except for the mortgage needed to build the project. I have notified the lawyer for the project that this lien should be satisfied, but I have not had a response by the time this memo is submitted. My recommendation is that this not be considered a substantial event that would result in a default, at least a this time, and that we should wait for an explanation from the Developer before taking any action. Respectfully, l>"/ David T. Ma Stillwater Cit DTM/jp DRAFT - 9-3-14 ADDENDUM NO. 1 TO TSF CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE CITY OF STILLWATER, MINNESOTA AND STILLWATER 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." 2. 3.3.2B1 is restated to read: "Bl. 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: CO 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 S I ILLWA I'ER Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk REDEVELOPER: STILLWATER CAVES, LLC a Minnesota Limited Liability Company By 0) (-7- �J Its: �+>461...L,el—(7-_ / �c�ws (1 -EP 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. Notary Public STATE OF MINNESOTA } ) ss COUNTY OF WASHINGTON ) The foregoing instrument ,Iva acknowledged before me{141t �day of 5`t' i'9 2014, by � s✓� , the OW- , duly authorized agent for Stillwater Caves, LLC, a Minnesota Limited Liability Company, the Redeveloper. �lllll�/llll./lll!✓ll✓.%llrJ✓!-/l- i DAVID J, S, BUELAW NOTARY PUBLIC • MINNESOTA My Commission Expires Jen, 31, 2017 i+"llJ.�Jl✓✓llllll/"✓llr/.1.1i;/.�Yl✓J. -2- ERHDAIF 0' M I N PI F' [] I A CITY COUNCIL MEETING DATE: October 7, 2014 CASE NO.: 2014-28 APPLICANT: Renee Haugen REQUEST: Special Use Permit for a B&B FROM: Bill Turnblad REQUEST Take formal action on the straw vote cast by Council at the September 16, 2014 meeting. BACKGROUND Renee Haugen made application for a Special Use Permit to operate a B&B at 116 Harriet Street North. On a 3-2 vote the Council decided to conceptually deny the request. To formally deny the Special Use Permit requires Findings of Fact, which were to be brought back for formal adoption. The Findings of Fact document is attached. ALTERNATIVES The City Council has several alternatives, including: 1. Deny without prejudice - If the Council believes that revisions might be able to be made to the application that would merit reconsidering the case in the near future, adopt the Resolution and Findings of Fact as attached. This alternative waives the mandatory 12 month waiting period for reapplication. 2. Deny with prejudice - If the Council does not believe that the 12 month waiting period should be waived, amend the attached Findings of Fact to order that the denial is with prejudice. Then adopt the Resolution and Findings of Fact. bt MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE GRAND GARAGE 324 MAIN STREET SOUTH • SUITE #260 • STILLWATER, MN 55082-5165 TELEPHONE: (651) 439-9464 • FACSIMILE: (651) 439-5641 www.MAGNusoNLAwD8m.com DAVID T. MAGNUSON DTMAGNusoN@MAGNusoNLAwFwm.com MEMORANDUM TO: Mayor and City Council FROM: David T. Magnuson DATE: October 2, 2014 RE: Contemporaneous Findings- B&B Permit Denial CASI R. Burrs CRB c@i MAGNUSONLAWFIRM COM Minnesota law requires a city council to make contemporaneous findings setting forth legally sufficient reasons for any permit denial. This requirement is to limit the natural inclination to offer "after the fact justifications" unrelated to the actual reasons for the initial decision. The failure to make contemporaneous findings creates a presumption that the city's actions were arbitrary. Here, findings will be presented at the meeting after the meeting when the decision was made. In some cases, involving complex issues and extensive documentation, the court has held that findings adopted at the next meeting where adopted in a reasonable time, and therefore the city was not presumed to have acted in an arbitrary manner. However, we cannot be certain how a court would view this case. One way to avoid dealing with the cost and uncertainty of litigation would be to provide in the findings that the denial is "without prejudice".1 This finding would permit the applicant to submit a revised application without waiting out a one year period that would result from a denial "with prejudice". This feature was made a part of our zoning ordinance to allow a proposal with some, but not enough merit in the first instance, to be brought back to the Council for reconsideration without waiting out the one year period that would otherwise be required. DTM/jp Respectfully, David T. i . uson Stillwater ity Attorney 1 Without Prejudice — means as a declaration, that no rights or privileges of the party concerned are to be considered waived or lost. Black's Law Dictionary RESOLUTION ADOPTING FINDINGS OF FACT, CONCLUSION AND ORDER RELATED TO A SPECIAL USE PERMIT REQUEST FOR A BED & BREAKFAST AT 116 HARRIET STREET NORTH CASE NO 2014-28 BE IT RESOLVED by the City Council of Stillwater, Minnesota that the Findings of Fact, Conclusions and Order related to the Special Use Permit request for 116 Harriet Street North, as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign the said Findings of Fact, Conclusions and Order. Adopted by the Stillwater City Council this 7th day of October 2014. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF STILLWATER BEFORE THE CITY COUNCIL In Re: Renee Haugen Special Use Permit Request For 116 Harriet Street N Case No. 2014-28 FINDINGS OF FACT CONCLUSIONS AND ORDER The City Council convened a Public Hearing for Case No. 2014-28 at 7:00 p.m. on September 17, 2014 at the Council Chambers in City Hall. The purpose of the Public Hearing was to consider a request for a Special Use Permit to operate a Bed & Breakfast at 116 Harriet Street North. At this Public Hearing, the City Council considered the oral report of Bill Turnblad, Community Development Director; testimony and exhibits submitted by Renee Haugen ("Applicant"); the Staff Report dated September 16, 2014 by Abbi Wittman, City Planner; Minutes of the September 10, 2014 Planning Commission meeting; testimony of adjacent neighbors of the property in question; and the Planning file prepared by City Staff for the Application. The Planning Commission also held a Public Hearing and reviewed the case. This hearing was held on September 10, 2014. NOW, THEREFORE, based upon the documents that have been made a part of this file, upon the testimony of all those who offered it, and upon all the files, records and proceedings herein, the City Council makes the following: FINDINGS OF FACT 1. This property is located at 116 Harriet Street North, Stillwater, Minnesota. 2. The property is zoned RB (Two -Family Residential District). 3. In the RB Zoning District, Bed & Breakfasts are allowed by Special Use Permit. 4. The Applicant submitted a request for the City to approve a Special Use Permit for a Bed & Breakfast on the property. If approved, then the Applicant would purchase the property, live on the property, and operate a Bed & Breakfast on it. 5. City Code Section 31-504, Subd 1 (a) requires two parking spaces for the owners and one for each guest room. Two parking spaces for the owner are provided on the private property. But, no such spaces are currently provided for the guest rooms. Moreover, a plan for a viable, code compliant parking area on the private property was not provided by the Applicant. 6. The property is a corner lot and has frontage on Rice Street and Harriet Street. The access to the Bed & Breakfast as proposed would be from Rice Street. 7. The portion of Rice Street providing frontage to the property is a very narrow dead ended street. For guests to turn around on Rice Street would require driving into the neighbor's driveway. The only way to avoid this maneuver would be to provide a viable parking lot on the Bed & Breakfast's property. As mentioned in Finding 5, the Applicant did not provide a viable, code compliant parking lot plan. 8. The number of guest rooms permitted in a Bed & Breakfast is determined, in part, by the number of original bedrooms in the house (minus one for the owners). But, the Applicant did not submit definitive documentation on the number of original bedrooms in the home. 9. The square footage of the house also plays a role in determining the number of permitted guest rooms in a Bed & Breakfast. With the current square footage, only one guest room could be permitted. 10. The Applicant requested permission to operate three guest rooms. To create sufficient square footage to permit three guest rooms, the Applicant proposed to build several additions to the house. However, the construction scheduling for the additions was unclear. 11. At the Planning Commission and City Council public hearings a number of neighbors spoke out against the proposed Bed & Breakfast. With the exception of the Applicant, no testimony was offered in favor of the proposed Bed & Breakfast. 2 CONCLUSION OF LAW 1. That this matter was properly before the City Council pursuant to the procedure set forth in the City Code. 2. That based upon the findings, the proposed Bed & Breakfast fails to meet the requirements of the City Code regarding Bed & Breakfasts. ORDER IT IS HEREBY ORDERED 1. That the request for a Special Use Permit to operate a Bed & Breakfast is denied without prejudice. Adopted by a vote of the City Council this 7th day of October, 2014. ATTEST: Diane F. Ward, Clerk CITY OF STILLWATER Ken Harycki, Mayor EXHIBITS A. Planning Application form dated August 14, 2014. B. Staff report to the Planning Commission dated September 10, 2014 written by Abbi Wittman, City Planner. C. The September 10, 2014 Planning Commission minutes. D. Staff report to the City Council dated September 16, 2014 written by Abbi Wittman, City Planner. E. Planning File for Case 2014-28. 3 4 LEGAL DESCRIPTION Lots 1, 2, 3, 4, Block 8, Thompson Parker Mowers Addition, Stillwater, Washington County, Minnesota. 5 TO: Stillwater City Council Ken Harycki - Major Doug Menikheim — Ward 1 Ted Kozlowski — Ward 2 Tom Weidner — Ward 3 Michael Polehna — Ward 4 SUBJECT: Reconsideration Request of City Council Decision; Variance and SUP for a Bed and Breakfast at 116 Harriet Ave North; DATE: 9/22/14 CASE #: 2014-28 — Council Meeting 9/16/14 PROPERTY: 116 Harriet Street, Stillwater, MN Is not currently a Bed and Breakfast Is being sold as a single family residence Renovations and additions are subject to the Stillwater residential building guidelines, and HPC architectural approval. The property has 20,000+ sq ft of buildable land and another 10,000 below the bluff line, exceeding the lot size requirement for a bed and breakfast. I'm requesting the Stillwater City Council re -consider my Special use Permit and Variance applications. After review of the city council minutes from the September 16 meeting, I would like to review the following with you. 1. The purpose of the ordinance as discussed by City Council during the meeting on 9/16/14. As summarized here The ordinance was written as a guiding principle to o Rehabilitate old homes in different neighborhoods. o Save old homes o Help offset the cost of renovating old homes o Protecting the neighborhoods o To distribute and avoid clustering in neighborhoods o The city is divided with ravines, and neighborhoods, so essentially the Bed and Breakfast homes are in distinctly different neighborhoods and don't have a problem with clustering. 2. Reviewing City Ordinance 31-504 to determine if the property at 116 Harriet is in Compliance with the ordinance. 3. Review section (k) of Ordinance 31-504. Restoration or additions must meet the Secretary of Interior's standards for rehabilitation 4. Review the rationale for the application for a Variance to the Bed and Breakfast Ordinance section (C) which states the Bed and Breakfast uses in residential areas must be located at least 900' apart (approximately three blocks). 5. Public Testimony Addressing Concerns 6. The application for the SUP and Variance would be requested following purchase and renovation of the home, with the understanding that I would be granted the SUP and Variance based on these proceedings, and In the event another party makes a request for a Bed and Breakfast near the property in question, that I would not lose my SUP or variance. Review Ordinance 31-504 Bed and Breakfast to determine if the property at 116 is in compliance. Council Question - Does this property fit the ordinance? The Stillwater Planning Commission permits Bed and Breakfasts in the RB zoning district as regulated in Sec 31-504, subject to the following conditions: Preservation of historic homes because the expense of owning and maintaining historic homes has made them less suitable for single-family dwellings. Conversion of historic houses into multifamily uses is usually determined by the neighborhood where it is located. It is therefore the intention of the city to limit bed and breakfast uses to those homes where the use would benefit the surrounding area by allowing appropriate adaptive reuse of historic dwellings. Bed and breakfasts are permitted in the RCL district and allowed with a special use permit in RB and RCM zoning districts as regulated in this Section 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. — Yes o Parking plan provides 3 extra spaces on Rice Street, with two existing spaces in the garage. The proposed parking lot is next to the existing garage parking spaces, and sits directly in front of a vacant lot. See photos on last page. (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. — Yes (c) Bed and breakfast uses in residential areas must be located at least 900 feet apart (approximately three blocks). — No — Variance Requested (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. — Yes (e) Bed and breakfast establishments are prohibited in all other districts. 116 Harriett is in the permitted district. (i) The bed and breakfast structure must be at least 100 years old or show proof of historic significance to the city. — Qualifies by being 136 year old Counsel Question o If opened today could it be opened as a one bedroom? o Is a guest room viable? The maximum of five bed and breakfast guestrooms may be established in a structure. The following lot and structure criteria determine the number of guestrooms allowed — Currently the home qualifies for one guest room, with its current 2310 square feet. In addition the property has 20,000+ sq ft of buildable land and another 10,000 below the bluff line. Exceeding the land requirement. The subject property was built originally with 4 bedrooms, and the SPU is for 3 guestrooms, the additional square feet needed for the home will be added through an addition (see section k of the Bed and Breakfast ordinance). Maximum gross house size is determined by using the total square footage of habitable living space within the structure. The number of original bedrooms in the structure will determine the number of guestrooms that will be allowed. This determination will be made by the heritage preservation commission. (g) The neazsnun of five bed and breakfast guestroams may be established in a structure. The tam* lot and structure Size criteria determines the number of guestrocros allowed: Max. Number Guestrooms Permitted Original Number of Bedrooms Max. GroS5 House size, Not Including easement, in square feet 1 2 2 3 Up to 2,499 2,50O-2,999 Min. Zoning Lot Size in square feet 7,500 10,000 3 4 3,400--3,499 111,0C10 4 5 5 3,500-4,999 15,000 6 5,466 up 26,O1i0 (g) Adequate lighting must be provided between the structure and parking areas for safety contiguous to residential structures. (h) Additional external lighting is prohibited. (1) An establishment must show proof of city building, fire and planning inspections, proof of operation licenses by the county and must submit the state sales and use tax number for their business to the community development department. Request #3. Section (k) of Ordinance 31-504. Restoration or additions must meet the Secretary of Interior's standards for rehabilitation. Council Question - Can people come to town and double the size of a home to open a bed and breakfast? a. The ordinance section(k) allows for renovation and additions. b. 116 Harriett is not on the Federal National Historic Homes List and would not be subject to review by the Secretary of Interiors' Standards for rehabilitation. c. The Heritage Preservation Committee (HPC) would be responsible for reviewing and approving all architectural plans for renovations and additions as outlined in the building permit process. d. As I understand the process the City Council would not play a part in the approval of building plans or building permits as it would be the responsibility of the HPC, e. The role of the HPC as described on the city website is to All bed and breakfast special use permits must be reviewed annually by the community development department. A report must be submitted to the planning commission and city council during November of each year. Request for a Variance to the Ordinance Sec. 31-504. Bed and Breakfast. Section (C) Bed and breakfast uses in residential areas must be located at least 900 feet apart (approximately three blocks). The nearest B & B is the Aurora Staples, at .20 miles away or 1056 feet by car. From an aerial view is slightly within the 900' buffering zone. The buffer zone crosses through the city easement, as seen below. The Aurora Staples is situated in a separate neighborhood and does not contribute to clustering bed and breakfasts. The second facility is the Rivertown Inn with 9 guest rooms, is .30 miles away, or 1584 feet by car. From an aerial view the Rivertown Inn is within 900' of the buffer zone. The eastern, unusable portion of the 116 property is closest to the Rivertown Inn. Measuring from the useable portion, above the bluff may push the Rivertown Inn closer to the 900' buffer zone. This River Town Inn is on the South Hill and separated from 116 Harriett by hills, ravines and roads. Given that the Rivertown Inn is in a separate neighborhood on the South Hill the clustering effect is not an issue. While I believe the Rivertown Inn is a Stillwater Jewel, and have enjoyed staying at the Inn, I also realize that The Rivertown is not in compliance with the Bed and Breakfast ordinance. The number of rooms exceeds 5, and the property does not meet the size requirement. In addition the ordinance states that a bed and breakfast is allowed to serve breakfast, while the Rivertown Inn also has culinary classes, dinner, and special events. I believe this excludes the Rivertown Inn from the Bed and Breakfast description as stated in the ordinance, and as a result I'm requesting the Rivertown Inn be not a consideration within the Buffer zone. •i• WEST 0E141 %Till1 • ,Tl1.4RATi• MINAKIMT4 "Ai, • ••1 ••• I••• NOME ARO. ACCOMMODATIONS COEIMAKI PACKAGES CONTACT Of L'ITES �Y eig ICIIA MB IS RlviI 7)) 1'N INN •.. WI, 011./1. SEMI, • ATII.IWATKK. 1••A uTA !]P•!. xIi xl• ',POP MONS AFOOT ACCOMMOOATIOMS CNLIMAIII PACKAGES CONTACT ODOM:. CLASSES UNARY EVENTS Public Testimony CONDITION OF HOME: - The neighbors immediately surrounding 116 Harriet have continued to say that the home is in deplorable condition and they've maintained the yard and property over the years. o Compromised architecture and not appropriate for a Bed and Breakfast—Jim McKinny o Square feet is insufficient —Jim McKinny o Expansion of a home for a B & B is wrong—Jim McKinny, 410 Rice Street o House is not in livable condition o Neighbors have had to keep it in working condition o Would welcome improvements to the home and yard. Just not a B & B Owner. CONTRACT CONCERNS: If the home is not renovated as a Bed and Breakfast what would happen to the home? o Conceptually ■ The home could be left as is and sold to someone else. ■ The lots could be subdivided into four. ■ The home could be torn down and an Assisted Living or similar facility built on the property. ■ The home and garage could become a rentals ■ Etc. - Number of guest rooms allowed per the ordinance. ■ 3 Will the Special Use Permit be transferable? ■ The SPU stays with the Owner/ Manager of the Bed and Breakfast. TRAFFIC/SAFETY CONCERNS: - Additional Traffic caused by Bed and Breakfast. ■ Traffic would be minimal on a 3 guest room facility Rice Street is a Dead End and turn -a -round is difficult ■ The parking spaces would allow guest to park on the property and back out in order to turn around. The dead end would have little effect on the guests of the Bed and Breakfast. - High Density of Children. There are no sidewalks in the neighborhood and Children play in the streets and they would not want to make the kids go to their yards. ■ As a public safety measure I would recommend the children play in their yards. Public testimony has indicated that the streets may not be safe. Harriet is steep and it takes lots of power to get over the incline of the road and cars come shooting over the hill quite quickly and make for an issue for the children that are playing in the street. ■ Change Harriet a one way road from Myrtle to Rice Street, allowing cars to go down the hill, or South on that portion of the road. This will eliminate cars from shooting over and up the hill. Keep the balance of Harriet from, Rice to Mulberry a two way street. - We have a lot of snow, where will you put it, The roads get narrow when it snows. ■ The length of the property line that runs along Rice Street should be ample space to place snow from the public road as well as from the property. The snow from the new parking spaces can be pushed to the rear of the parking spaces. The snow from the property owners on the opposite side of Rice street have adequate space to place the snow from their own driveways. - Uncontrolled Intersection: A stop sign is not currently at the intersection of Rice and Harriett. o Add a stop sign at the intersection. - Concerned about uncertain cars entering the neighborhood. - All B & B's in Stillwater are on major thoroughfares; o The three guestroom Lady Goodwood is situated on two dead -ends which would be First and Willard and is located in a quiet residential neighborhood. This area would not be considered major thoroughfare. o The four guestroom Cover Park Manor is situated on 58th Street North which is not a major thoroughfare. o The two guest room James Mulvey Englishman's Carriage is situated on 807 Harriet Street South. This smaller Bed and Breakfast is not located on a major thoroughfare. o The River town Inn is on the corner of Olive and 5th Street. The driveway to the River Town Inn is on 5th Street, and 5th street is a dead end. The eastern portion of Olive Street is utilized by the downtown area, however closer to the top and steepest portion of Olive the road does not appear to be a major throughfare to visitors of Stillwater, but serves the immediate neighborhood EMOTIONAL CONCERNS : - We are a close knit neighborhood and do not want change. ■ We have a couple parties a year on Rice Street in front of McKinny's for 4th of July. ■ The Character of the Neighborhood will change, ■ Effect on the neighborhood - The neighborhood is under constant pressure — Jim McKinny ■ Air conditioner on City Hall ■ Change in zoning for retail space next to post office ■ Fearful of commercialization on bluff as an intrusion. - Don't want to commercialize the neighborhood. PARKING CONCERNS - We have not seen a business plan or parking plan. o Two proposed plans have been presented, a draft at the Planning Commission and a revision at the City Council Meeting. - I don't want to see the parking lot, it would be facing my home - Michelle Cherrier — 418 Rice This map shows the location of the proposed parking spaces, situated on the North side of the property, on Rice Street. The over grown arborvitae next to the garage would be removed to accommodate the guest parking. Vacant City Ovlred w— Dad end View from garage looking across the street, 418 Rice is to the right of the picture, separated by a vacant lot. 418 Rice is further to the right of this property, separated by a vacant lot. View looking to the east from existing garage. Green space next to driveway would be the new parking spaces. This distance is a good way away from the view of 418 Rice Street. View looking across the street from new parking spaces, showing little interference with the view of 418 Rice Street. Thank you for your time and consideration, Renee Haugen 10615 Water Lily Terrace Woodbury, MN 55129 612-723-5912 STILLWATER TOWN BOARD MEETING September 25, 2014 Town Hall 1 7:00 P.M. PRESENT: Chairperson David Johnson, Supervisors Sheila -Marie Untiedt and Fred Brandt, Clerk Kathy Schmoeckel, Attorney Soren Mattick and Planner Sherri Buss. 1. AGENDA - M/S/P Brandt/Untiedt moved to adopt the agenda as amended. (3 ayes) 2. MINUTES - M/S/P Untiedt/Brandt moved to approve the September 11, 2014 Stillwater Town Board Meeting minutes as written. (3 ayes) 3. PLANNER - a. Mining Ordinance - The proposed ordinance was reviewed with the following comments: o The fee and escrow amounts need to be determined for both the IUP and the AOP. o Under Section 6. (1) and (2) reference should be to "hauling" days. o Section 6.(4) - the operator should let us know if there is a change and we will have a chance to weigh in. The increased activity can be dealt with in the next AOP. o Section 6.(5) - The Township shall give notification when the AOP will be on the agenda. o Section 8. - The hours of operation should be 7am to 7pm as long as we can dictate the hauling routes (as in Section 9.) o Saturday operations can be allowed subject to the provisions of the AOP. On Saturdays we will allow maintenance and repairs, etc. o Section 8.(3) - They must give at least 4 days' notice so a special meeting can be noticed and held The ordinance will be ready for review and a vote at the next regular Town Board meeting. A public hearing would be needed for the IUP. The AOP does not need a public hearing, but notice will be given that it will be an agenda item. b. Brown's Creek and Erosion - Barbara Meddinger was present to discuss erosion issues with respect to Brown's Creek. The new DNR Trail had been moved to the south and they had cleared a large amount of land and removed several trees with no silt control. She has brought it to the attention of the Watershed District. Sherri Buss will ask a representative from the DNR, Jay Riggs and Karen Kill to attend the next meeting. c. Chickens - There had been complaints about chickens at the Anderson property. Sherri Buss had checked with the County to see if they would be willing to change their ordinance to allow chickens on smaller lots. Dennis O'Donnell had indicated that if we were to change our ordinance, the County would probably be flexible. Representatives from the Homeowners' Association were present. Their Stillwater Town Board Mtg. — 9/25/14 Page 2 Association does not allow livestock or accessory buildings. The Andersons are in violation of Township ordinances both because of having chickens on a lot smaller than 5 acres and because setback requirements. Also their coop is in front of their house. If the Andersons want to have chickens, they would first need to get permission from their HOA. In the meantime, they must get rid of their chickens and the coop. The Board requested that Sherri write a zoning enforcement letter to the Andersons giving them 10 days to remove the chickens and move the coop if they wish to keep it as a storage structure so that it meets the setback requirements. If they have not complied in 10 days, Soren Mattick will send a follow up letter regarding the violations and enforcement. 4. ATTORNEY - a. Assignment of Park Agreement - Soren Mattick will ask Dave Magnuson to prepare the agreement on the park property at the former Palmer property for signature at the next meeting. b. Survey Request - Soren Mattick had talked to Tom Lehman who is representing the property owners on Penn Street. Documents will be prepared and the survey can go forward. M/S/P Untiedt/Brandt moved to authorize Soren Mattick to continue to get the agreement for the homeowners and to get a survey agreement from Engineer Paul Pearson which will be subject to final approval by the Board. (3 ayes) 5. BOOM SITE - David Johnson had talked to Mark Hugunin who is part of the Friends of Washington County Parks group. They had received a grant to study and plan for improvements at the Boom Site. They invite input from the Township at a meeting to be held on October 27th from 10am to noon at the Washington County Government Center in Room 13. 6. ESCROW ISSUES - The amounts that we ask for escrow should be reviewed. The Treasurer should send out a statement every month. She will be asked to review the escrow history to determine if there are types of applications or permits where the current escrow amount that the Township requires is typically not adequate. 7. ARBORIST - Sheila -Marie Untiedt had checked with the arborist with the City of Stillwater and found that she is retiring and not taking on any new work. The property owner with the trees in question will be contacted and asked to have the trees removed. 8. ADJOURNMENT - The meeting was adjourned at 9:55 p.m. Clerk Chairperson Approved FYI BOARD AGENDA OCTOBER 7, 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 Washington County Regional Railroad Authority (RRA) Convenes — Andy Gitzlaff, Sr. Planner A. Roll Call B. Pledge of Allegiance C. Approve of the September 16, 2014 RRA Minutes D. Amendment #4 to County Transit Improvement Board Grant for the Newport Transit Station E. Resolution - Continuation of Public Hearing on the Locally Preferred Alternative Recommendation for the Gateway Corridor F. Adjourn 2. 9:30 Washington County Board of Commissioners Convenes Roll Call 3. 9:30 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. 9:35 Consent Calendar — Roll Call Vote 5. 9:35 Property Records and Taxpayer Services — Jennifer Wagenius, Director Appoint Members to the 2014 County Canvass Board for the State General Election 6. 9:40 Accounting and Finance — Carl Jacobson, Principal Accountant Financial Reporting Award for the County's 2012 Comprehensive Annual Financial Report 7. 9:50 General Administration — Molly O'Rourke, County Administrator Resolution — Issuance of General Obligation Capital Improvement Plan Refunding Bond, Series 2014A —Kevin Corbid, Deputy Administrator 8. 10:05 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. 9. Board Correspondence 10. 10:20 to 11:20 — Workshop with Public Health and Environment— Jay Riggs and Jessica Collin-Pilarski A. Present an Overview of the Washington Conservation District's 2015 Budget and Information on the District's Programs and Services B. Present Overview of Washington County Watershed Management Organizations' Activities, Priority Projects, Proposed 2015 Budgets, and the Water Consortium Activities for 2014 11. 11:25 Executive (Closed) Session with the Department of Public Works — Sharon Price, Property Manager Discuss Possible Purchase of Approximately 40 Plus Acres Rowe Trust Parcel in Denmark Township for Inclusion into the St. Croix Bluffs Regional Park 12 11:55 Adjourn 13. 12:00 to 12:45 — Board Workshop with Public Works — Don Theisen, Director Discuss Current Facility Projects in Design or Study Phase Assistive listening devices am available for use in the County Board Room li,.n, Berl n<ekl,nrn Atm 1n Aieahility nr l...n, a harrier ,Ja.ec rill rFS1 d2/1 FM/1 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * OCTOBER 7, 2014 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of the September 23, 2014, County Board Meeting minutes. Accounting & Finance Community Services Human Resources Property Records and Taxpayer Services B. Approval to appoint Rachel Perez, Cottage Grove, as a small business representative, to the Workforce Investment Board to a first term expiring June 30, 2016; and appoint Nicki Leritz, Bayport, as a large business representative to the Workforce Investment Board to a first term expiring June 30, 2017. C. Approval of county comments on the creation of tax increment financing district # 1-2 in the City of Oak Park Heights and direction to submit comments in a letter signed by the county administrator. D. Approval to formally close the following funds: Public Health and Environment (PHE) Fund 121, Lake Jane Landfill; Sheriff (SHR) Fund 125, Inmate Telephone Fund; Debt Service 2003B refunding Law Enforcement Center (LEC) Bond Fund 317; Debt Service 2001A Refunding Bond Fund 330; and Capital Project 2007A CIP Bond Projects Fund 450. E. Approval of the Sub -recipient Agreement with the Washington County Housing and Redevelopment Authority to assume responsibility of administering the Community Development Block Grant, HOME Investment Partnership and Continuum of Care programs. F. Approval of agreements related to the change of insurance provider to HealthPartners: Amendment to Washington County Flexible Benefits Plan; Medicare Part D Date Release Agreement; Letter of Agreement Group Short Term Disability Insurance; Letter of Agreement Group Long Term Disability Insurance; Amendment #4 to National Insurance Services Trust Joinder Agreement of Short Term Disability Insurance; and Amendment #3 to National Insurance Services Trust Joinder Agreement for Long Term Disability Insurance. G. Approval of resolution setting aside 20% of the new proceeds from the tax forfeited land sale fund to the county park fund for the acquisition and maintenance of parks and recreational areas. Public Health and Environment H. Approval of resolution approving the 2015 Resource Recovery Project Budget Addendum. Iflin.. Assistive listening devices am available for use in the County Board Room I= II �FS1,1� ..3 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER DEPARTMENT/AGENCY Public Works Sheriff s Office ITEM I. Approval of resolution awarding the bid for the Hardwood Creek Regional Trail Project to Hardrives, Inc. in the amount of $893,695.42; and request permanent use of fund balance in the amount of $280,300 from the Parks Operations Fund 211 to pay for project costs not covered by Metropolitan Council Grant funding. J. Approval of amendment #1 to County Transit Improvement Board grant for the Gateway Corridor Draft Environmental Impact Statement to extend the grant activity period to April 30, 2015. K. Approval of a grant agreement for the Gateway Corridor Health Impact Assessment. L. Approval of resolution for the Sheriff's Office to accept a Toward Zero Deaths grant from the Minnesota Department of Public Safety in the amount of $269,110. Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Assistive listening devices are available for use in the County Board Room If yrs , emeir4 necieMomn rL m M Airmhility nr b -g. 9p,ier ig r.a (gr span EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Summary of Proceedings Washington County Board of Commissioners September 23, 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 The Commissioners reported on the following items: - Commissioner Bearth — Gateway process is moving along with three cities having approved the locally preferred alternatives, and the City of Oakdale will hear about it tonight; - Commissioner Kriesel — reported that several open houses were held for the Manning Avenue project from Highway 5 down to 1 Oth Street; - Commissioner Miron — reported he attended the Transportation Advisory Board meeting which discussed the equity issue with respect to scoring for regional solicitation of projects; - Commissioner Weik — asked if appointed or elected officials were travelling to Edmonton, Canada to tour the solid waste facility and was informed that the Director of Public Health and Environment and a staff person would be attending; she reported on the Rail—Volution Conference that is taking place this week in Minneapolis. General Administration Approval of the following actions: - September 16, 2014, County Board meeting minutes; - Resolution No. 2014-115, response to the Metropolitan Council's proposed Transportation Policy Plan; - Resolution No. 2014-118, purchase of Aiple property utilizing Land and Water Legacy funding, state grant funds, and funds from the City of Stillwater; - Reminder, no Board meeting on September 30, 2014, 5th Tuesday; - Board correspondence was received and placed on file. Public Health and Environment Adoption of Resolution No. 2014-117, Washington County Groundwater Plan, 2014-2024. Public Works Approval of the following actions: - Cooperative agreement with the City of Scandia for maintenance of traffic signs adjacent to or within roadways under city jurisdiction and within county highway right-of-way; - Permanent use of fund balance in the amount of $2,800 from the 2007 bond issue in Fund 450 for the Broadway Avenue Construction project. 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. September 11, 2014 STILLWATER TOWN BOARD MEETING Town Hall 7:00 RM. PRESENT: Chairperson David Johnson, Supervisors Linda Countryman, Sheila -Marie Untiedt and Fred Brandt, Clerk Kathy Schmoeckel, Attorney Tom Scott, Engineer Paul Pearson, Planner Sherri Buss, Treasurer Marsha Olson and Chief of Police Steve Nelson. PUBLIC HEARING - EXHAUST BRAKES - 7:00 P.M. Neighbors Present: Mike Raleigh, 15220 100th St N John Raleigh, 14522 102nd St N Howard & Jill Stang, 10180 Oakgreen Av N Pat Raleigh, 9490 Pawnee Av N Robert Ranalla, 9596 Stonebridge Tr N Doug Johnson, 9429 Stonebridge Tr N Janna Albertson, 9237 Stonebridge Tr N Andy and Bonnie Hoffdahl, 9353 Stonebridge Tr N Kerry Rasmussen and Sue Wilson, 9282 Stonebridge Tr N James and Jeanne Smith, 10077 Otchipwe Av N Ken and Sandy Keister, 10055 Oakgreen Av N A public hearing was held to consider an ordinance prohibiting the use of exhaust brakes within the Township. Chairperson David Johnson opened the public hearing and explained that this ordinance is similar to ones that have been adopted in other communities and gives us the right to regulate engine braking. There were the following questions and comments: • Jim Smith - What is the purpose of jake braking? Why is it done? Mike Raleigh - It is a form of braking that turns an engine into a big compressor and slows the truck down so you don't have to use as much brakes. Smith - Does it make the brakes last longer? Raleigh - Yes, but brakes are better now than they used to be • Sandra Keister - They do hear a lot of that jake braking. Will there be a sign saying that engine braking is not legal? What sort of enforcement will there be? David Johnson - It will be a good idea to let trucks know that a new ordinance is in place. We would have to discuss what type of signage we would put up. • Albert Sterkes(?) - Does this apply to motorcycles? Raleigh - He would assume this would be included. This is a noise ordinance. David Johnson - One challenge with noise is being able to verify that the noise level has been violated. An ordinance would at least give the authorities an opportunity to stop someone and let them know that we believe they are in violation. Sterkes - Does the City of Stillwater have this ordinance? Sheila -Marie Untiedt - They have a noise ordinance but enforcement is difficult. Stillwater Town Board Mtg. — 9/11/14 Page 2 • Jim Smith - Sherri Buss had mentioned at a previous meeting that noise is hard to enforce • Kenneth Keister - When the belly or side dumps are empty they are louder than jake braking. Raleigh - Some older trucks have spring suspensions which are louder. All of his trucks have air suspension. The public hearing was closed at 7:15 p.m. Regular Meeting - 7:15 p.m. 1. AGENDA - M/S/P Countryman/Untiedt moved to adopt the agenda as written. (4 ayes) 2. MINUTES - M/S/P Untiedt/Countryman moved to approve the August 14, 2014 Informational Meeting Minutes and the August 14, 2014 Stillwater Town Board Meeting Minutes as written. (4 ayes) 3. ATTORNEY - a. Exhaust Brake Ordinance - Attorney Tom Scott reported that this ordinance is typical of what a lot of communities have and it follows state statutes. Engineer Paul Pearson was asked about possible signage and he suggested putting something up at the main entry points to the Township and also at points where there have been noise issues. M/S/P Untiedt/Countryman moved approval of the proposed Ordinance Prohibiting the Use of Exhaust Brakes within the Township. (4 ayes) 4. ENGINEER - a. Dead Tree Removal - Paul Pearson had received four quotes for removal of dead trees along Township roads as follows: BJ Haines Tree Service $6,075.00, Helkes Tree Service $6,675.00, St. Croix SaveATree $9,713.00, and Woodchuck $12,190.00. A bond and contract will not be required. M/S/P Untiedt/Countryman moved to award the contract to Haines Tree Service. (4 ayes) The fact that they will be removing trees should be posted on the website so that people could have the opportunity to have dead trees on their own property removed at their own expense. Contact information will be provided. b. Affeldt Invoices - Paul Pearson had prepared documents relating to work they had done for the Affeldt project along with a summary of the work. Dan Affeldt had documents showing a Sambatek invoice (#03165) in the amount of $488.00 that he thought was excessive. He reviewed his escrow and how it has been spent. The original escrow was far short of what the engineering/legal/planning costs have turned out to be. He believes he has been overbilled. He also wondered if the Township has been overbilled over the years. David Johnson said we should look into this more thoroughly and get back to Mr. Affeldt, 6. TREASURER - a. Report given. b. Checks and claims #42536 through #42564 were approved for payment. Stillwater Town Board Mtg. — 9/11/14 Page 3 7. CHIEF OF POLICE - a. Report given. There were 5 burning permits, 74 so far for the year. No dogs were impounded. The dog that had been identified as a potentially dangerous dog has been removed from the Township. b. Otto Berg Park - There have been 31 reservations for the year. c. Special Events - o Tour de Hugo Bike Ride - September 13th from 8am to noon o Stillwater Log Run - September 27th from 7am to 10 am o Woodstock Artesian Market - Saturday and Sunday, September 21 and 22 from 9am to 5pm d. Stonebridge Trail - Steve Nelson had done some traffic surveying during the past month on August 15th and on September 5th and found no excessive speeds. 8. PLANNER - a. Mining Ordinance - Planner Sherri Buss reviewed how the proposed ordinance would differ from the County ordinance and went over some of the concerns of the planning commission and possible ways to address them. The proposed ordinance was reviewed particularly with respect to application requirements, hours of operation, Saturday operations and hauling routes. There will be more discussion at a meeting on September 25th at 7:00 p. where this will be a major agenda item b. Browns Creek Watershed District 2015 Budget - Their proposed projects do not lie within the Township. c. Suedkamp COC - They had done a significant amount of grading without a permit. They had been given a stop work order until they have met the requirements for a permit to be issued. d. Chickens - The Township had received a number of complaints about chickens on the Anderson property. The Township requires a minimum lot size of 5 acres to allow chickens and the Andersons parcel is smaller than that. The County also requires a minimum lot size of 5 acres. Sherri Buss will contact the County to see if they would be willing to revisit this issue. 9. CLERK - a. Oak Wilt - There had been an enquiry about Oak Wilt in the Township. Our Ordinance 121 calls for inspection of Oak Wilt. Sheila -Marie Untiedt will check with the City's arborist to see about looking at the tree in question. She will be asked to attend our meeting on September 25th 10. PARK COMMITTEE - a. ADA Accessibility - The Park Committee should get two bids to put in an appropriate surface in Otto Berg Park. b. Picnic - The attendance was down this year which may have been weather related. Possible ways to increase attendance were discussed. This can be a discussion item at the next annual Township dinner. 11. FORMER PALMER PARCEL UPDATE - This had been discussed at the last Joint Board Meeting. The Stillwater City Council had decided to go it alone without input from the Stillwater Town Board Mtg. — 9/11/14 Page 4 Township. The agreement with the County is with the Township since the land is in the Township. M/S/P Untiedt/Countryman moved that based on the discussions that have taken place, the Township authorizes the County to cancel their agreement with Stillwater Township relative to the purchase of the former Palmer property and allow them to proceed with an agreement with the City of Stillwater. (4 ayes) 12. METROPOLITAN COUNCIL FORECASTS - The Clerk will notify Metropolitan Council that they need to reassess their population projections for our community in consideration of the anticipated annexation to the City of Stillwater of those areas south of Highway 96 effective in January of 2015. 13. ADJOURNMENT - The meeting was adjourned at 11:00 p.m. Clerk Chairperson Approved FYe BOARD AGENDA SEPTEMBER 23, 2014 — 9:00 A.M. 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Board of Commissioners Fran Miron, District 1 Ted Bearth, District 2 Gary Kriesel, District 3 Autumn Lehrke, Chair, District 4 Lisa Weik, District 5 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 ifit 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 Health and Environment — Jessica Collin-Pilarski, Senior Planner Resolution — Adoption of the County Groundwater Plan 2014-2024 5. 9:25 General Administration — Molly O'Rourke, County Administrator Resolution — Purchase Agreement to Acquire 14.95 Acres of Property Located within the City of Stillwater — Kevin Corbid, Deputy Administrator 6. 9:40 Commissioner Reports — Comments — Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 7. Board Correspondence 8. 9:55 Adjourn Assistive listening devices are available for use in the County Board Room Il EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * SEPTEMBER 23, 2014 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY Administration Community Services Human Resources Property Records and Taxpayer Services Public Works ITEM A. Approval of the September 16, 2014, County Board Meeting minutes. B. Approval of resolution and response to the Metropolitan CounciI's Proposed Transportation Policy Plan. C. Approval of a Joint Powers Agreement with the Suburban Metro Area Continuum of Care Planning Grant. D. Approval of a Memorandum of Agreement between Teamsters Local 320, representing the Probation Officers, and Washington County for a Post - Employment Health Care Savings Plan. E. Approval of resolution appointing Kimberly Nhon as the County Drivers License Agent and Deputy Registrar. F. Approval of a cooperative agreement with the City of Scandia for maintenance of traffic signs adjacent to or within roadways under city jurisdiction and within county highway right-of-way. G. Approval for permanent use of fund balance in the amount of $2,800 from the 2007 bond issue in Fund 450 for the Broadway Avenue Construction project. Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Assistive listening devices are available for use in the County Board Room rt.. rbrscIrl a eeiel thin .Qcahi91, nr �a.,a h,.,ia..,u .�L EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Summary of Proceedings Washington County Board of Commissioners September 16, 2014 FYI Present were Commissioners Fran Miron, District 1; Ted Bearth, District 2; Gary Kriesel, District 3; Autumn Lehrke, District 4; and Lisa Weik, District 5. Absent none. Board Chair Lehrke presided. Commissioner Reports — Comments — Ouestions The Commissioners reported on the following items: - Commissioner Weik — reported she will be attending the Rail—Volution Conference next week, but will attend the County Board meeting; - Commissioner Kriesel — reported that he and Commissioner Miron met with Harry Melander, Met Council representative from this area, to discuss issues important to Washington County. Community Services Board workshop held to discuss child protections services in Washington County. General Administration Approval of the following actions: - September 9, 2014, County Board meeting minutes; - Reappoint Connie Taillon, Stillwater, to the Brown's Creek Watershed District Board of Managers to a three-year term expiring October 21, 2017; - Board correspondence was received and placed on file; - Board workshop held to discuss suburban county review of the 2040 Metropolitan Council Transportation Policy Plan. Human Resources Approval of the following actions: - 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; - Resolution No. 2014-114, adopting divided vote election procedures to determine eligibility for Social Security coverage for certain employees who are members of the Public Employees Retirement Association Local Government Correctional Service Employees pension plan. Public Works Approval of the following actions; - Appoint David Ratte, Stillwater, to the Parks and Open Space Commission, to fill the at -large position to December 31, 2016; and appoint Meghan Bernard, Newport, to the Parks and Open Space Commission as a District 4 representative, to a first term expiring December 31, 2017; - Resolution No. 2014-113, bid award for 2014 highway crack seal to American Pavement Solutions, Inc. Property Records and Taxpayer Services Approval of a one day temporary on -sale liquor license for the Minnesota Food Association to be held on September 21, 2014 in May Township. Regional Railroad Authority Approval of the following actions: - August 12, 2014; RRA meeting minutes; - Public hearing held to receive comments from the public regarding the locally preferred alternative for the Gateway Corridor; - Public hearing to be kept open to receive comments from the public regarding the locally preferred alternative for the Gateway Corridor until October 7, 2014. Sheriff's Office Presentation of award to Commander Chuck Yetter for 2014 Jail Administrator of the year from the Minnesota Sheriff's Association. 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.