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Home My WebLink About2015-02-03 CC Packet REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North February 3, 2015 REGULAR MEETING 4:30 P.M. RECESSED MEETING 7:00 P.M. 4:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Fire Station Update – Chief Glaser, Krause Anderson -John Hueninck 2. Discussion of 2015 Rate Schedule - Water Department IV. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Development Dir. 7. Public Works Dir. 8. Finance Director 9. City Attorney 10. City Administrator 7:00 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES 11. Possible approval of January 12, 2015 special meeting minutes and January 20, 2015 regular & recessed meeting minutes V. OATH OF OFFICE FOR NEWLY APPOINTED MEMBER OF COUNCIL VI. BREAK VII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS VIII. 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. IX. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 12. Resolution 2015-024, directing payment of bills 13. Possible approval to replace 1989 Water Tender – Fire 14. Possible approval to purchase a RAD 57 CO Monitor – Fire 15. Resolution 2015-025, resolution to modify the Tax Increment Financing Plan of Tax Increment District 11 16. Possible approval to purchase ATV – Police Department 17. Resolution 2015-026, approval of development fee rate increase for 2015 18. Resolution 2015-027, approving fire protection contract with the Town of May 19. Resolution 2015-028, approving license to use real property – Washington County (Hazardous Waste Day) 20. Resolution 2015-029, approval of abatement request X. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 21. Case No. SUB/2014-39. This is the date and time for a public hearing to consider a request by Thad Rich of Richlind to approve a 10 lot residential preliminary plat, rezoning to RA, One-Family Residential and a setback variance, all for property` located at 13310 Boutwell Road North. Notices were mailed to affected property owners and published in the Stillwater Gazette on January 2, 2015 (WILL BE OPENED AND TABLED TO A FUTURE MEETING) XI. UNFINISHED BUSINESS 22. Possible approval of second reading of Ordinance 1072 entitled an ordinance amending City Code Section 51-2, relating to parking regulations (Commercial Parking Downtown) (2nd Reading Ordinance & Resolution – Roll Call) XII. NEW BUSINESS 23. Update on the 2015 Log Jam contract 24. Possible 1st reading of Ordinance 1073, Electric Franchise Ordinance, Ordinance 1073A, Implementing an Electric Service Franchise Fee, Ordinance 1074, Gas Franchise Ordinance and Ordinance 1074A, Implementing a Gas Service Franchise Fee (1st reading of Ordinances – Roll Call- 25. Possible approval of annual dock permit for St. Croix Boat & Packet (Resolution – Roll Call) 26. Possible approval of feasibility study for Stillwater Oak Park Heights Street Project. 27. Possible approval of Parking Lot rates 28. Designation of Council representatives for Boards/Commissions/Committees (Resolution – Roll Call) XIII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XIV. COMMUNICATIONS/REQUESTS XV. COUNCIL REQUEST ITEMS XVI. STAFF REPORTS (CONTINUED) XVII. ADJOURNMENT RESOLUTION 2015-024 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 ,289,563.15 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 3rd day of February, 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT "A" TO RESOLUTION #2015-024 LIST OF BILLS Able Hose & Rubber Inc. AIR Corval Constructors Ancom Communication Inc. Applied Images Arrow Hockey and Sport Aspen Equipment Company Aspen Mills Association ofTraining BKJ Operations LLC Bluestem Heritage Group BMI General Licensing Braun lntertec Corporation Carquest Auto Parts COW Government Inc . Century Power Equipment Chappell Central Inc Chi Shook Sukopp Inc Com cast Compass Minerals America Inc Crosstown Masonry Inc Cub Foods Delta Dental Plan of Minnesota Denucci Cody Eastmen Angela ECM Publishers Force America Fury Stillwater G & K Services Galls LLC Glewwe Doors Gopher State One Call Inc. Heartland Glass Co Inc Holiday Fleet IACP Ice Skating Institute International Code Council J.H. Larson Company League of M N Cities League of MN Cities Ins Tr M.J . Raleigh Truck Co . Mansfield Oil Company Marshall Electric Company Me nards Metropolitan Mechanical Contra ct ors Midway Ford Building repair supplies Equipment repair supplies Antenna whip Name plate Consession supplies Plow controls Uniforms ATOM winter conference Consession supplies January 2015 Exhibit production License fee S Lowell restrooms professional services Auto parts and supplies Cases for iPads Supplies Fire Hall Refund for 4 months of liquor license fee Internet, voice & TV Salt Fire Hall Larry retirement cupcakes AP COBRA Reimburse for work boots Event Coordinator Services Publications Supplies Vehicle repair Mats Canvas pants Fire Hall Annual fee Fire Hall Fuel Membership Skater memberships 2015 MN residential code Equipment repair supplies 2015 Leadership conference Workers Comp Insurance Gravel Fuel Street light bus damage repair Supplies Maintenance agreement Vehicle repairs Page 1 595.05 984.00 25.50 12.36 121.77 1,622 .64 326.70 250 .00 2,731.41 2,500.00 335.00 351.50 423.63 146 .54 86 .03 23,704 .69 159 .24 570.32 37,772 .72 299,250.00 59.26 210.50 44.31 4,250 .72 26.10 20.36 495.28 197.13 29 .56 53,321.58 100 .00 18,212.45 363.40 150.00 312 .00 119 .00 198.88 225 .00 44 ,608.25 24.15 5,977 .03 454 .00 534 .22 1,150.00 84 .91 EXHIBIT "A" TO RESOLUTION #2015-024 MJs Contract Appliance Inc MN Dept of Public Safety EPCRA MN Utilities & Excavating LLC Moore Tim Mulcahy Nickolaus MWOA NAC Mechanical and Electrical Services NAPA Auto Parts Newman Signs North American Safety Office Depot Oswald Hose and Adapters Overhead Door Company Pereboom Jesse Pioneer Press R&R Specialties Inc . Ray Allen Manufacturing LLC Red Cedar Steel Erectors Inc Riedel! Shoes Inc. Roettger Welding Inc . S& T Office Products Safe Fast Inc Sanders Shawn SGO Roofing & Construction SRF Consulting Group St. Croix Boat and Packet Co . Stillwater Collision and Mechanical Stillwater Motor Company Strategic Insights Inc. Streichers Tekton Construction Company Total Mechanical Serv Tri-State Bobcat Turnblad Bill Unique Paving Materials Inc. USAble Life Valley Trophy Inc. Verizon Wireless WaiMart Community Ward Diane Washington Conservation Distr Washington County Info Tech Dept. Ziegler Inc. Fire Hall Ha zardou s chemical inventory fee Fire Hall Reimburse for weekly planner Fire Hall Registration for Section Meeting Fire Hall Auto parts and supplies Sheeting and film Uniform supplies Camera battery Equipment repair supplies Fire Hall Reimburse for fingerprinting Subscription Suppl ies K9 supplie s Fire Hall Skates Repair revolving door Office supplies Calibration service Reimbursement for conference Fire Hall Barge terminal property master plan update Arena billing Body work labor# #228 Vehicle service License renewal Ammo Fire Hall Equipment repair Coupler Reimburse for Voices of the Valley Asphalt Term Life Insurance Name plates Cell phones Cable Reimburse for cabinet keys Dragonfly gardens Fiber work done De c 2014 Supplies Page 2 13,798 .00 25.00 31,952.30 12.10 95,484 .50 60 .00 31,635 .00 303.11 2,544 .26 431.00 73 .56 57.86 558 .60 15 .00 195 .00 1,9 32 .80 22 .99 6,935 .00 803.60 375.00 412.02 79 .00 295 .00 163 ,597 .60 2,573 .26 61,421.02 150.00 25 .90 675 .00 4,462.56 64 ,353.57 3,727 .26 32 .33 40 .00 240 .50 427.20 130 .15 1,3 57 .45 13 .80 25 .58 1,432 .40 35,197.99 389.53 EXHIBIT "A" TO RESOLUTION #2015-024 LIBRARY Baker & Taylor Blackstone Audio Brodart Demeo Midwest Tape Office of Enterprise Technology Recorded Books Toshiba Washinton County Library JANUARY MANUALS Bridgewater Bank Collins John Lake Elmo Bank Long Lake Villas LTD Partnership Lowes Home Centers MN Boundry Adjustments Pfister Richard Postmaster US Bank ADDENDUM Board of Water Century Link Clark Dan Compass Minerals David Hardware Inc Loffler Magnuson Law Firm Met Council MN Pollution Control Agency S& T Office Supplies Washington County Info Tech Xcel Energy Library materials Materials Library materia Is Proces sing supplies Audiovisual materials Telephone Audio books Maintenance contract Various Curve Crest Villas Refund of utility overpayment Curve Crest Villas Long Lake Villas Supplies Filing fee orderly annexation Long Lake Villas UB Billing Postage Lofts of Stillwater Jan 2015 WAC Phone Custodian Salt Yale exit device trim Computer support Professional Service Jan 2015 SAC Wastewater operators conference Ink cartridges 2015 Citrix licenses Energy Page 3 803 .11 154.77 1,150.26 284.16 1,320.20 339 .31 518 .22 44.86 1,271.88 18,156 .67 143 .50 18,156 .67 29 ,508 .08 75 .31 200.00 9,333.54 2,852 .46 100,167.59 990.00 121 .18 1,337 .50 3,921.64 336.06 4,615.63 11 ,370.83 2,460 .15 300.00 103.46 300.00 47,815.12 TOTAL 1,289,563.15 EXHIBIT "A" TO RESOLUTION #2015-024 Adopted by the City Council this 3rd Day of February , 2015 Page 4 RESOLUTION 2015-028 APPROVING LICENSE TO USE REAL PROPERTY BE IT RESOLVED, by the City Council of Stillwater, MN that License to Use Real Property between Washington County and the City of Stillwater for the use of for the City's Hazardous Waste Day to be held on Saturday, May 16, 2015 is hereby approved and authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 3rd day of February, 2014 Ted Kozlowski, Mayor ATTEST: Diane F . Ward, City Clerk LICENSE TO USE REAL PROPERTY This Agreement is entered into by and between The City of Stillwater, Minnesota (Licensor), and the County of Washington, Minnesota (Licensee). WHEREAS, Washington County wishes to hold a household hazardous collection events in the City of Stillwater; and WHEREAS the City of Stillwater agrees to make the Lilly Lake Park available for such events; and WHEREAS, the collection of household hazardous waste provides a public benefit to the residents of Stillwater and the surrounding areas. NOW, THEREFORE, IT BE HEREBY MUTUALLY AGREED AS FOLLOWS: I GRANT OF LICENSE The City of Stillwater hereby grants Washington County a temporary nonexclusive license for the following dates: All day on Saturday May 16, 20 15 For the following location: Lilly Lake Park 1208 Greeley St S Stillwater, MN 55082 II LIMITATION TO DESCRIBED PURPOSE The licensed premises may only be used by Licensee for the purpose of collecting household hazardous waste, waste consumer electronics, and for attendant purposes related thereto. III PAYMENT Licensee shall pay to the City of Stillwater $300 for each day of the license, and payment shall be made 30 days after each day of the license and will be sent to: City of Stillwater City Hall, 216 4th St N Stillwater, MN 55082 IV INDEMNIFICATION AND INSURANCE The Licensee agrees to indemnify, defend, and hold harmless Licensor for any and all claims arising out of the Licensees negligent or willful acts or omissions occurring on or at the licensed premises except such damage expenses, demands and claims caused by the negligent or willful acts of the Licensor, its employees, or agent and other third parties. The Licensee's obligation to indemnify the Licensor under this clause shall be limited to the statutory tort liability limitation set forth in Minn . Stat. 466.04, including Licensor's claim for indemnification. Licensee agrees that in order to protect itself as well as the Licensor from claims arising out of providing services and the use of the space and furniture under this agreement, it will at all times during the term of this agreement keep in force policies of insurance providing: General liability limits of $500,000 per claimant and $1,500,000 per occurrence. Certificates of Insurance evidencing the insurance required under this clause must be provided to the Licensor before the effective date of this agreement. The licensee shall also have workers compensation Insurance in statutory amounts. V NONDISCRIMINATION During the performance of this agreement, the Licensee agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status , public assistance status, criminal record, creed to national origin be excluded from full participation in or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination. VI RECORDS AVAILABILITY AND RETENTION Pursuant to Minnesota Statute 16C.05, Subd . 5, the Licensee agrees that the Licensor, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they my reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the Licensee and involve transactions relating to this agreement. The Licensee agrees to maintain and make available these records for a period of six years from the date of termination of this agreement. VII FIREARMS PROHIBITED Unless specifically required by the terms of this contract, no provider of services pursuant to this contract, including but not limited to employees, agents or subcontractors of the Licensee shall carry or possess a firearm on county premises or while acting on behalf of Washington County pursuant to the terms of this agreement. Violation of this provision shall be considered a substantial breach of the Agreement; and, in addition to any other remedy available to the county under law or equity. Violation of this provision is grounds for immediate suspension or termination of this contract. Signatory page to follow IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. Stillwater BY: __________ _ TITLE: ~ l.- DATE: 'l--e> -ZOIS WASHINGTON COUNTY BY: ____________________ _ Autumn Lehrke, Chair Washington County Board of Commissioners DATE: __________ _ BY: ------------- Molly O'Rourke County Administrator DATE: _________ _ BY: ___________________ _ Lowell Johnson, Director Department of Public Health and Environment DATE: ___________ _ DATE: _ _.c_/_1 _5"-f-j_,_r;-___ _ I Memo To : Mayor and City Council From : Alison Egger C~ Assistant Finance Director Date : 2/3/2015 Re : Abatement Request BACKGROUND Sewer Connection inadvertently assessed to 21 .030 .20 .34.0036 and removal is requested . RECOMMENDATION Staff recommends abating the assessments from the property taxes for the payable year 2015 for PID 21 .030 .20 .34 .0036 . ACTION REQUIRED If council agrees with staff's recommendat ion , Council needs to pass a resolution abating the special assessments . CC : Sharon Harri son -Finance Director RESOLUTION 2015-029 A RESOLUTION APPROVING THE ABATEMENT OF CERTAIN SPECIAL ASSESSMENT WHEREAS, a sewer connection was inadvertently certified to Washington County, payable in 2015, to Parcel ID No. 21.030.20.34.0036 in the amount of $2,430.08 (principle $1,696.43, plus interest $733.65); and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, that the special assessment, as stated above, are hereby abated. Adopted by the City Council this 3rd day of February, 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk City of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (65 1) 439-0574 February 3rd, 2015 Mayor Ted Kozlowski & City Council Members City of Stillwater C/0: Diane Ward , City Clerk 216 4th Street N. Stillwater, MN 55082 ***Sent via email only: dward@ci.stillwater.mn .us *** RE: 2015 Street Reconstruction Areas -Revised Approach Update and Reconsider 65 th Street Dear Mayor Kozlowski: As we are aware, we have encountered some difficulties moving forward with the entirety of the Oak Park Heights Street Reconstruction elements where our cities have a shared ownership and/or intertwining jurisdiction. The City of Oak Park Heights does understand the financial difficulties presented to the City of Stillwater and at this time is amenable to moving forward with a revised project for the 2015 Street Reconstruction which will include Paris Ave. south of 62n d Street, 62nd Street and Panama Ave. However, at the request of Stillwater; the Ozark , Osman and 64 th Street el~m~nt$ will be ~liminated. W~ thank you for finding capacity to compl~te th~$e nec~ssary $tr~~t$. However, we again ask that the City of Stillwater also include 65th Street east of Paris Ave. (Orleans) in this revised approach. Like Panama and Paris Ave . 65 th Street does have underground utilities (water) that should be addressed and not completing this area in conjunction with the balance of 2015 project will cause unnecessary expenses for the City. If there is any renewed thought to complete the entirety of the project a$ initially con$id~r~d it would be appr~ciat~d. Short of that, perhaps at the very least, this 65th Street area could be included in your Improvement Hearings and overall process so as to provide the ability to move forward. In light of the circumstances before us, any advance consideration, direction or approvals for the above elements you may be able to provide would be appreciated . Thank you again for your consideration. M~yor~ary McCOI!Jb' "1 ~~~J:~J~ CC: oa!C¥ark Heights City Council Shawn Sanders, City of Stillwater i 1 1 t e r INF OIRTNFLACE OF MINNESOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North February 3, 2015 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Fire Station Update — Chief Glaser, Krause Anderson -John Hueninck 2. Discussion of 2015 Rate Schedule - Water Department IV. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Development Dir. 7. Public Works Dir. 8. Finance Director 9. City Attorney 10. City Administrator 7:00 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES 11. Possible approval of January 12, 2015 special meeting minutes and January 20, 2015 regular & recessed meeting minutes V. OATH OF OFFICE FOR NEWLY APPOINTED MEMBER OF COUNCIL VI. BREAK VII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS VIII. 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. IX. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 12. Resolution 2015-024, directing payment of bills 13. Possible approval to replace 1989 Water Tender — Fire 14. Possible approval to purchase a RAD 57 CO Monitor — Fire 15. Resolution 2015-025, resolution to modify the Tax Increment Financing Plan of Tax Increment District 11 16. Possible approval to purchase ATV — Police Department 17. Resolution 2015-026, approval of development fee rate increase for 2015 18. Resolution 2015-027, approving fire protection contract with the Town of May X. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 19. Case No. SUB/2014-39. This is the date and time for a public hearing to consider a request by Thad Rich of Richlind to approve a 10 lot residential preliminary plat, rezoning to RA, One -Family Residential and a setback variance, all for property' located at 13310 Boutwell Road North. Notices were mailed to affected property owners and published in the Stillwater Gazette on January 2, 2015 (WILL BE OPENED AND TABLED TO A FUTURE MEETING) XI. UNFINISHED BUSINESS 20. Possible approval of second reading of Ordinance 1072 entitled an ordinance amending City Code Section 51-2, relating to parking regulations (Commercial Parking Downtown) (2nd Reading Ordinance & Resolution — Roll Call) XII. NEW BUSINESS 21. Update on the 2015 Log Jam contract 22. Possible 1st reading of Ordinance 1073, Electric Franchise Ordinance, Ordinance 1073A, Implementing an Electric Service Franchise Fee, Ordinance 1074, Gas Franchise Ordinance and Ordinance 1074A, Implementing a Gas Service Franchise Fee (1st reading of Ordinances — Roll Call - 23. Possible approval of annual dock permit for St. Croix Boat & Packet (Resolution — Roll Call) 24. Possible approval of feasibility study for Stillwater Oak Park Heights Street Project. 25. Possible approval of Parking Lot rates 26. Designation of Council representatives for Boards/Commissions/Committees (Resolution — Roll Call) XIII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XIV. COMMUNICATIONS/REQUESTS XV. COUNCIL REQUEST ITEMS XVI. STAFF REPORTS (CONTINUED) XVII. ADJOURNMENT Stillwater Board of Water Commissioners Proposed 2015 Water Rate Schedule I. Executive Summary Stillwater Board of Water Commissioners is recommending a water utility rate structure which obtains additional utility revenue from the flat rate charge and less revenue support from the volume of water sold for 2015. While the number of customers served continues to increase, the water volume sold decreases due to conservation efforts and the use of low flow fixtures. Therefore, several local cities are using a flat rate service charge in addition to volume based charges. II. History of Sales The operating costs to support and maintain the larger, older utility infrastructure continues to increase. These costs are unrelated to the volume of water sold during the year as the infrastructure is required to provide basic water service and fire protection for the service area. III. Other Communities Other local communities and water utilities have modified their utility rates to reflect the changes in customer use similar to what the Board is recommending for 2015 with a flat rate charge and a volume based rate. The recommended 2015 water utility rates for Stillwater are around the average based on the nearby communities. See table below for additional information. City Flat Rate Charge Next Tier Notes or Next Tier Stillwater (2015 Residential Accounts Proposed) $16 $1.80 winter $1.95 summer Stillwater (2015 Commercial Accounts Proposed) $16 $1.85 winter $1.95 summer Saint Paul Regional Water Services (SPRWS) $13.50 (for a meter less than 1") $2.34 per 748 gallons (100 cubic feet) in winter $2.44 per 748 gallons (100 cubic feet) in summer Oak Park Heights $30.70 for the first 15,000 gallons $2.55 15,001-50,000 gallons Bayport $10 for the first 1,000 gallons $4.08 1,001-25000 gallons Hugo $17 $1.50 up to 15,000 gallons Lake Elmo $25 $2.14 up to 25,000 gallons Mahtomedi $13.78 $2.16 up to 37,000 gallons Page 1 of 1 15618.000 i 1 1 via' ter INF OIRTNELACE OF MINNESOTA CITY COUNCIL MEETING January 12, 2015 SPECIAL MEETING 5:00 P.M. Mayor Kozlowski called the meeting to order at 5:00 p.m. Present: Councilmembers Menikheim, Weidner, Polehna, Mayor Kozlowski Absent: None Staff present: City Attorney Magnuson City Clerk Ward OTHER BUSINESS Ward 2 Vacancy Interviews: Jerry Clark, Dave Junker Mayor Kozlowski explained that each candidate would be asked the same five questions and may ask follow up questions based on the applicant's answers. He continued by stating that the interviews are 25 minutes and should time allow, the applicant may provide additional information to the Council. Mayor Kozlowski and Councilmembers interviewed Jerry Clark and Dave Junker in this order. ADJOURN Motion by Councilmember Menikheim, seconded by Councilmember Polehna to adjourn at 5:53 p.m. All in favor. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk i 1 1 ater TME OIRTNELACE OF MINNESOTA CITY COUNCIL MEETING MINUTES January 20, 2015 SPECIAL MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:30 p.m. Present: Councilmembers Menikheim, Weidner, Polehna, Mayor Kozlowski Absent: None Staff present: City Attorney Magnuson City Clerk Ward OTHER BUSINESS Ward 2 Vacancy Interviews - Sean Hade, Eric Hansen, and Tom Corbett Mayor Kozlowski explained that each candidate would be asked the same five questions and may ask follow up questions based on the applicant's answers. He continued by stating that the interviews are 25 minutes and should time allow, the applicant may provide additional information to the Council. The Council conducted interviews with candidates for Ward 2: Sean Hade, Eric Hansen, and Tom Corbett in this order. There was considerable discussion on the voting process that would take place at the 7:00 p.m. meeting. City Attorney Magnuson advised the Council that the method of voting is up to the Council, however that the use of secret ballots is not allowed, therefore ballots will be distributed, tallied by the City Clerk and himself. These ballots showing the individual Council votes would be part of the public records for the meeting. Councilmember Menikheim preferred forced choice ranking which Council would rank the candidates 1 through 5, with 5 points for the preferred candidate and 1 point for the least preferred candidate, adding the points and then the applicant with the least amount of total points would be eliminated and another vote would take place using the same method, until it came down to one applicant. Mayor Kozlowski favored a ranking voting as well, however he preferred that Council rank candidates in the same manner, however then he would request a motion on the top applicant. He felt that this would eliminate the need for 4 rounds of voting. Councilmembers Polehna and Weidner agreed. Jim McKinney, resident of Ward 2, spoke in support of Councilmember Menikheim's ranking method. Motion by Mayor Kozlowski, seconded by Councilmember Weidner to rank candidates by awarding 5 points for the preferred candidate and 1 for the least preferred candidate, add up the points and the City Council Meeting January 20, 2015 Mayor would request a motion on the top applicant, however if there was a tie for the top applicant, the Mayor would accept a motion on the next applicant, based on interview order. Ayes: Councilmembers Weidner, Polehna and Mayor Kozlowski Nays: Councilmember Menikheim ADJOURN Motion by Councilmember Weidner, seconded by Mayor Kozlowski to adjourn at 6:15 p.m. REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Councilmembers Menikheim, Weidner, Polehna, Mayor Kozlowski Absent: None Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Police Chief Gannaway Fire Chief Glaser Finance Director Harrison Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of minutes of January 6, 2015 regular and recessed meeting Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to approve the January 6, 2015 regular and recessed meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Certificate of Appreciation and Presentation of Retirement Plaque — Larry Hansen, City Administrator Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2015-022, commending Larry Hansen. Ayes: Councilmembers Menikheim, Weidner, Polehna, Mayor Kozlowski Nays: None Mayor Kozlowski read the resolution and plaque commending Larry Hansen for his dedicated service to the City of Stillwater for 13 years. City Administrator Hansen thanked the citizens for their trust, the Council present and past, and the staff for their hard work and support through the years. Mayor Kozlowski and Page 2 of 6 City Council Meeting January 20, 2015 Councilmembers Menikheim, Polehna and Weidner thanked City Administrator Hansen for his leadership. OPEN FORUM There were no public comments. STAFF REPORTS Fire Chief Glaser reported that the DNR is requiring burning permits. A fire station construction update is scheduled for the 4:30 p.m. Council meeting February 3, 2015. Community Development Director Turnblad reported that the 2015 Convention and Visitors' Bureau Visitor Guide has been distributed and includes a section on the walking tours. City Attorney Magnuson informed the Council that 169 parcels in the annexation area that were ordered to be annexed are now part of the City. He presented a resolution for consideration that clarifies a number of items for these parcels, including honoring the licenses, such as dog licenses, and the special and conditional use permits already granted for existing uses. The provision does not apply to vacant land. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2015-019, clarifying the rights of land annexed to the City of Stillwater pursuant to the Joint Resolution of the City and Town of Stillwater as to Orderly Annexation dated August 16, 1996. Ayes: Councilmembers Menikheim, Weidner, Polehna, Mayor Kozlowski Nays: None CONSENT AGENDA Resolution 2015-015, directing payment of bills Possible approval of Brine's 23rd Annual Bocce Ball Special Event — February 21, 2015 Resolution 2015-016, establishing temporary duties Resolution 2015-017, approval of contract between the City of Stillwater and Sand Creek Group, Ltd. Possible approval of temporary/seasonal employment of Community Service Officers and Parking Lot Attendants - Police Possible approval of temporary/seasonal employment of Maintenance Worker I — Public Works Possible approval to purchase 2015 Patrol Vehicles Resolution 2015-018, approving contract for parking lot equipment consulting services Possible approval to purchase wing and plow — Public Works Possible approval of capital release — Library Possible approval of capital purchase of Forensic Software — Police Department Resolution 2015-020, approving appointments to the Joint Cable Commission Possible approval to purchase of new core switches for Server Room and Police Department - MIS Possible approval to purchase of new switch for 3rd floor data closet - MIS Possible approval to purchase of portable projector - MIS Possible approval to purchase of upgraded wireless access points for City Hall — MIS Possible approval to purchase memory for virtual network hosts - MIS Page 3 of 6 City Council Meeting January 20, 2015 Possible approval to purchase 6 computers (5 -Public Works and 1 -Community Development) Resolution 2015-021, approving additional ball field fees for service Possible approval of temporary liquor license — St. Croix Kids — March 5, 2015 Possible approval of utility adjustments Councilmember Weidner requested that Resolution 2015-018, approving contract for parking lot equipment consulting services, be pulled from the Consent Agenda. Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt the Consent Agenda as amended. Ayes: Councilmembers Menikheim, Weidner, Polehna, Mayor Kozlowski Nays: None Community Development Director Turnblad explained that the possible choices for parking lot equipment to install in lots east of Main Street are numerous and expensive. In order to find the most effective machinery, the Downtown Parking Commission recommends hiring a consultant to put together the RFP. The cost for the consultant will be $6,300. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to approve Resolution 2015-018, approving contract for parking lot equipment consulting services. Ayes: Councilmembers Menikheim, Weidner, Polehna, Mayor Kozlowski Nays: None PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS Possible approval of first reading of Ordinance 1072 entitled an ordinance amending City Code Section 51-2, relating to parking regulations (Commercial Parking Downtown) (returning from January 6th meeting) Community Development Director Turnblad reported that the Council has been considering a proposed amendment to ordinances regulating to commercial parking downtown. He provided revised language that designates two areas for trailer parking. A second reading would occur at the February 3, 2015 Council meeting. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to approve first reading of Ordinance 1072, an ordinance amending City Code Section 51-2, relating to parking regulations (Commercial Parking Downtown). Ayes: Councilmembers Menikheim, Weidner, Polehna, Mayor Kozlowski Nays: None Page 4 of 6 City Council Meeting January 20, 2015 NEW BUSINESS Vote on Councilmember Ward 2 Vacancy Mayor Kozlowski thanked all the applicants for submitting their interest for the Councilmember Ward 2 vacancy. He continued by stating that the Council was impressed with the quality of the applicants and that no matter the vote that these applicants will continue to serve the community. City Attorney Magnuson explained the process for appointment that was agreed upon after the interviews at the 4:30 meeting. He explained that the Council's voting would be part of the public record. Ballots were distributed and tallied by City Clerk Ward and City Attorney Magnuson and the applicant points were Eric Hanson — 17, Dave Junker - 15, Tom Corbett — 13, Sean Hade — 8, and Jerry Clark — 7. Mayor Kozlowski requested a motion to appoint the top applicant, Eric Hanson, to fill the vacancy of Ward 2. No motion was received. Mayor Kozlowski requested a motion to appoint the 2nd ranked applicant, Dave Junker, to fill the vacancy of Councilmember, Ward 2. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to appoint Dave Junker Councilmember for the Ward 2 vacancy. All in favor. Possible approval of resolution authorizing the sale of Variable Rate Demand Tax Increment Revenue Refunding Bonds (Territorial Springs, LLC Project) Series 2015 and providing for their issuance City Attorney Magnuson explained as part of the Terra Springs Development there were two tax increment bonds that were sold. They may now be refunded with tax exempt revenue funds because the increment is sufficient to meet the debt service requirement as outlined in the 2003 Development Agreement. Increment coming from the site will be the sole source of revenue used to pay the bond. The District sunsets in the year 2030. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution 2015-023, authorizing the sale of variable rate demand tax increment revenue refunding bonds (Territorial Springs, LLC Project) Series 2015 and providing for their issuance. Ayes: Councilmembers Menikheim, Weidner, Polehna, Mayor Kozlowski Nays: None COUNCIL REQUEST ITEMS Councilmember Menikheim reminded the Council of the need to request an update from Log Jam Days organizers on plans for a 2015 summer event. City Attorney Magnuson clarified that the City's contract with The Locals is to be considered for renewal annually. Councilmember Polehna stated that an October 2015 Fall Hunt has been scheduled with Beyond the Yellow Ribbon. The group is assisting a Vietnam veteran suffering from blindness caused by Agent Orange, who is moving to Stillwater. Page 5 of 6 City Council Meeting January 20, 2015 ADJOURNMENT Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adjourn the meeting at 7:53 p.m. All in favor. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2015-015, directing payment of bills Resolution 2015-016, establishing temporary duties Resolution 2015-017, approval of contract between the City of Stillwater and Sand Creek Group, Ltd. Resolution 2015-018, approving contract for parking lot equipment consulting services Resolution 2015-019, clarifying the rights of land annexed to the City of Stillwater pursuant to the Joint Resolution of the City and Town of Stillwater as to Orderly Annexation dated August 16, 1996 Resolution 2015-020, approving appointments to the Joint Cable Commission Resolution 2015-021, approving additional ball field fees for service Resolution 2015-022, commending Larry Hansen Resolution 2015-023, Resolution Authorizing Sale of Variable Rate Demand Tax Increment Revenue Refunding Bonds (Territorial Springs, LLC Project) Series 2015 and providing for their Issuance Page 6 of 6 EXHIBIT "A" TO RESOLUTION #2015-024 Page 1 LIST OF BILLS Able Hose & Rubber Inc. AIR Corval Constructors Ancom Communication Inc. Applied Images Arrow Hockey and Sport Aspen Equipment Company Aspen Mills Association of Training BKJ Operations LLC Bluestem Heritage Group BMI General Licensing Braun Intertec Corporation Carquest Auto Parts CDW Government Inc. Century Power Equipment Chappell Central Inc Chi Shook Sukopp Inc Comcast Compass Minerals America Inc Crosstown Masonry Inc Cub Foods Delta Dental Plan of Minnesota Denucci Cody Eastmen Angela ECM Publishers Force America Fury Stillwater G & K Services Galls LLC Glewwe Doors Gopher State One Call Inc. Heartland Glass Co Inc Holiday Fleet IACP Ice Skating Institute International Code Council J.H. Larson Company League of MN Cities League of MN Cities Ins Tr M.J. Raleigh Truck Co. Mansfield Oil Company Marshall Electric Company Menards Metropolitan Mechanical Contractors Midway Ford Building repair supplies Equipment repair supplies Antenna whip Name plate Consession supplies Plow controls Uniforms ATOM winter conference Consession supplies January 2015 Exhibit production License fee S Lowell restrooms professional services Auto parts and supplies Cases for iPads Supplies Fire Hall Refund for 4 months of liquor license fee Internet, voice & TV Salt Fire Hall Larry retirement cupcakes AP COBRA Reimburse for work boots Event Coordinator Services Publications Supplies Vehicle repair Mats Canvas pants Fire Hall Annual fee Fire Hall Fuel Membership Skater memberships 2015 MN residential code Equipment repair supplies 2015 Leadership conference Workers Comp Insurance Gravel Fuel Street light bus damage repair Supplies Maintenance agreement Vehicle repairs 595.05 984.00 25.50 12.36 121.77 1,622.64 326.70 250.00 2,731.41 2,500.00 335.00 351.50 423.63 146.54 86.03 23,704.69 159.24 570.32 37,772.72 299,250.00 59.26 210.50 44.31 4,250.72 26.10 20.36 495.28 197.13 29.56 53,321.58 100.00 18,212.45 363.40 150.00 312.00 119.00 198.88 225.00 44,608.25 24.15 5,977.03 454.00 534.22 1,150.00 84.91 EXHIBIT "A" TO RESOLUTION #2015-024 Page 2 Mis Contract Appliance Inc Fire Hall 13,798.00 MN Dept of Public Safety EPCRA Hazardous chemical inventory fee 25.00 MN Utilities & Excavating LLC Fire Hall 31,952.30 Moore Tim Reimburse for weekly planner 12.10 Mulcahy Nickolaus Fire Hall 95,484.50 MWOA Registration for Section Meeting 60.00 NAC Mechanical and Electrical Services Fire Hall 31,635.00 NAPA Auto Parts Auto parts and supplies 303.11 Newman Signs Sheeting and film 2,544.26 North American Safety Uniform supplies 431.00 Office Depot Camera battery 73.56 Oswald Hose and Adapters Equipment repair supplies 57.86 Overhead Door Company Fire Hall 558.60 Pereboom Jesse Reimburse for fingerprinting 15.00 Pioneer Press Subscription 195.00 R&R Specialties Inc. Supplies 1,932.80 Ray Allen Manufacturing LLC K9 supplies 22.99 Red Cedar Steel Erectors Inc Fire Hall 6,935.00 Riedell Shoes Inc. Skates 803.60 Roettger Welding Inc. Repair revolving door 375.00 S&T Office Products Office supplies 412.02 Safe Fast Inc Calibration service 79.00 Sanders Shawn Reimbursement for conference 295.00 SGO Roofing & Construction Fire Hall 163,597.60 SRF Consulting Group Barge terminal property master plan update 2,573.26 St. Croix Boat and Packet Co. Arena billing 61,421.02 Stillwater Collision and Mechanical Body work labor # #228 150.00 Stillwater Motor Company Vehicle service 25.90 Strategic Insights Inc. License renewal 675.00 Streichers Ammo 4,462.56 Tekton Construction Company Fire Hall 64,353.57 Total Mechanical Sery Equipment repair 3,727.26 Tri-State Bobcat Coupler 32.33 Turnblad Bill Reimburse for Voices of the Valley 40.00 Unique Paving Materials Inc. Asphalt 240.50 USAble Life Term Life Insurance 427.20 Valley Trophy Inc. Name plates 130.15 Verizon Wireless Cell phones 1,357.45 WalMart Community Cable 13.80 Ward Diane Reimburse for cabinet keys 25.58 Washington Conservation Distr Dragonfly gardens 1,432.40 Washington County Info Tech Dept. Fiber work done Dec 2014 35,197.99 Ziegler Inc. Supplies 389.53 EXHIBIT "A" TO RESOLUTION #2015-024 Page 3 LIBRARY Baker & Taylor Blackstone Audio Brodart Demco Midwest Tape Office of Enterprise Technology Recorded Books Toshiba Washinton County Library Library materials Materials Library materials Processing supplies Audiovisual materials Telephone Audiobooks Maintenance contract Various 803.11 154.77 1,150.26 284.16 1,320.20 339.31 518.22 44.86 1,271.88 Date: January 28, 2015 STAFF REQUEST ITEM Department: Fire DESCRIPTION OF REQUEST (Briefly outline what the request is) Approval to replace 1989 water tender. This apparatus was scheduled to be replaced in 2013 (based on the F.D.'s original CIP) but has been delayed due to budget constraints. Over the last several years funds have been allocated toward the replacement of this vehicle. Current apparatus is 26 years old and has significant maintenance and operational issues. Water tank is leaking, engine has lost significant power, electrical system is unreliable, and overall maintenance costs are beyond the value of the vehicle. Dependability and safety of this apparatus is also a major concern as it continues to age and deteriorate. Council approval of this request would facilitate an anticipated delivery of the replacement vehicle sometime in 2016. 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) Current apparatus CIP fund replacement balance is $439K. The estimated replacement cost of this type of apparatus based on lowest bid government purchasing consortium pricing is $350K. ADDITIONAL INFORMATION ATTACHED Yes X No 2011 Shared Services CIP Replacement Plan 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: January 28, 2015 Stillwater, Lake Elmo, Mahtomedi, MN Shared Services or Cooperative Effort Feasibility Study Unit Year Figure 17: Example Capital Replacement Plan - Regional Replacement Annual Fund Current Cash Current Life Replacement Cost Contributions Requirements Age Expectancy Year Engine 3173 1990 $600,000 NA $600,000 21 15 OVERDUE Aerial 3175 1980 $1,200,000 NA $1,200,000 31 20 OVERDUE Tanker 176 1987 $350,000 NA $350,000 24 15 OVERDUE Brush 3178 2001 $80,000 $5,333 $53,333 10 15 2016 Engine 3183 1997 $600,000 $40,000 $560,000 14 15 2012 Engine 3186 2007 $600,000 $40,000 $160,000 4 15 2022 Rescue 3187 1994 $95,000 NA $95,000 17 10 OVERDUE Brush 3188 2004 $80,000 $5,333 $37,333 7 15 2019 Engine 5106 1996 $600,000 $40,000 $600,000 15 15 OVERDUE Engine 5108R 1982 $600,000 NA $600,000 29 15 OVERDUE Ladder 5108 2007 $1,200,000 $60,000 $240,000 4 20 2027 Tanker 5105 1987 $350,000 NA $350,000 24 15 OVERDUE Ambulance 850 2009 $125,000 $12,500 $25,000 2 10 2019 Ambulance 851 2003 $125,000 $12,500 $100,000 8 10 2013 Rescue 5107 1991 $350,000 NA $350,000 20 15 OVERDUE Brush 5109 2007 $80,000 $5,333 $21,333 4 15 2022 Brush 5110 2001 $80,000 $5,333 $53,333 10 15 2016 Engine 6107 2005 $600,000 $40,000 $240,000 6 15 2020 Engine 6108 1996 $600,000 $40,000 $600,000 15 15 OVERDUE Engine 6109 2011 $600,000 $40,000 $-- 0 15 2026 Ladder 6112 2002 $1,200,000 $60,000 $540,000 9 20 2022 Tanker 6106 1989 $350,000 NA $350,000 22 15 OVERDUE Rescue 6105 1989 $350,000 NA $350,000 22 15 OVERDUE Brush 6110 2006 $80,000 $5,333 $26,667 5 15 2021 Brush 6111 2006 $80,000 $5,333 $26,667 5 15 2021 TOTALS $ 417,000 $7,528,667 Page 60 Emergency Sicrvcs ConnuInn STAFF REQUEST ITEM Department: Fire Date: January 26, 2015 DESCRIPTION OF REQUEST (Briefly outline what the request is) Approval to purchase RAD -57 Carbon Monoxide sensor. This unit measures CO concentrations in the bloodstream and is used for firefighter, patient, and responder safety when CO poisoning is suspected. 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) Council approved $4,500.00 for this purchase in the FD's 2015 Capital Equipment request. 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: January 26, 2015 40 Parker Irvine, CA 92618-1604 1.800.326.4890 customerorders@masimo.com Quote Number Created Date Expiration Date 00115592 1/20/2015 3/2/2015 QUOTATION Attn Account Name Stillwater Fire Dept Ship To Bill To Name Bill To 216 N Fourth St Stillwater. Minnesota 55082-4807 United States Stillwater Fire Dept United States Payment Terms: Net 30 days from shipment Delivery: 2-4 weeks after receipt of order Shipping Point: Origin. Shipping charges prepaid & invoiced Price: Excludes sales tax and shipping charges Contact Name Phone Email Prepared By Title E-mail Phone Chris Zeuli 651-351-4950 czeuli@ci.stillwater.mn.us David Gelfund Regional Manager, EMS Channel dgelfund@masimo.com (612) 616-5143 Quote Line Items Product bode Product Line ttern Description Sales Quantity Price Total. Pricer 3734 KIT, RAD -57 HANDHELD, EMS PKG 1, MASIMO , Each Rad -57 comes with: hand-held w/SpCO, extension cable, adult SpCO sensor, carry case, DVD, operators manual and on -year warranty. USD 4,203.00 1.00 USD 4,203.00 QUICK REFERENCE 33650 GUIDE, RAD -57 CONFIG EMS USD 0.00 1.00 USD 0.00 6333 DVD Rad57 Training Video 0.00USDUSD 1.00 0.00 Totals Total Price Shipping and Handling Grand Total USD 4,203.00 USD 9.00 USD 4,212.00 Special Instructions Purchase from Masimo includes: Training & Material Support: On -Site, On-line or Telephonic Training w/ Materials. Please scan and email Purchase Orders along with a copy of this quotation to customerorders@masimo.com. Alternatively, Purchase Orders may be faxed to (949) 297-7499. This Quotation is an offer. Upon Masimo's receipt of Customer's purchase order confirming and referencing this Quotation, a contract is formed between the parties. Any additional or conflicting terms or conditions in Customer's purchase order to those set forth above and those incorporated herein will not apply. Customer's performance of this Quotation will serve as acceptance of Masimo's terms and conditions. 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. M AGNU^son L A W F I RM. COM DAVID T. MAGNUSON DTMAGNUSON@MAGNUSONLAWFIRMCOM MEMORANDUM CASI R. B[rrrs CRi3OMAGNUSONLAWFIRNI.CO1 t TO: City Council and City Staff FROM: David T. Magnuson DATE: January 27, 2015 RE: Modification of the Financing Plan for TIF District No. 11. The Financing Plan for Tax Increment District No. 11 was adopted in June of 2014 and once the Original Tax Capacity of the District was certified by Washington County, the Pian was filed with the State Auditor. This is standard procedure for the creation of a TIF District. With all new plans, and in the ordinary course of business, the State Auditor examines new plans and comments with suggestions for changing the Plans to comply with all the requirements of TIF Law. In December of 2014, the Auditor's office informally contacted the City and suggested several changes in the Plan to clarify and make more understandable how the expected TIF would be budgeted for planned uses. Staff views the modifications as administrative, and to clarify options made in the Plan that were not clearly explained. The attached Resolution make the needed corrections. Staff stands ready to answer any questions. DTM/jp RESOLUTION NO. A RESOLUTION TO MODIFY THE TAX INCREMENT FINANCING PLAN OF DISTRICT 11 WHEREAS, the Tax Increment Financing Plan for Tax for Tax Increment Financing District No. 11 (the Plan) was adopted by the City Council on January 3, 2014, and; WHEREAS, the Washington County Auditor Certified the Original Net Tax Capacity of the District on June 12, 2014, and; WHEREAS, the Plan was filed with the Auditor of the State of Minnesota as required by law on June 17, 2014, and; WHEREAS, the Office of the TIF Division of the State Auditor has requested that the Plan be modified to make more clear the allocation of tax increment expected from the district and expected uses, and; WHEREAS, the modifications required do not require the same procedures required for approval of the Original Plan since the amendments do not enlarge the project area, increase the net tax capacity, increase project costs or designate addition property. The modification does not increase the bonded indebtedness but merely clarifies the amount of pay as you go and inter fund loans that were described in different sections of the Plan. The modification reallocates the OFUs set forth in the Original Plan, and; NOW THEREFORE BE IT RESOLVED, as follows: 1. Section 2.03 of the Plan be modified by adding to the following clause: "Section 2.03. Eligible site improvements and site preparation costs, as described in Exhibit A to Exhibit C, of the Plan may be reimbursed to a developer up to $1,462,000. Public improvements may be funded up to $2,261,055." 2. Section 2.10 of the Plan be modified by restating that Section that will hereafter read as follows: "Section 2.10. Sources of Revenue/Bonded Indebtedness. a. Sources. Public improvements costs, acquisition, relocation, utilities, parking facilities, streets and sidewalks, site preparation costs and other costs outlined in the Use of Funds will be financed through the annual collection of tax increments. The City reserves the right to use other sources of revenue legally applicable to the City and the Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance and construction, proceeds from the sale of land, other contributions from developers and investment income, to pay for the estimated public costs. 2015. b. Bonded Indebtedness. The City may pay eligible developer site improvements and site preparation costs undertaken pursuant to the Plan by making up front payments of up to $287,500 that will be financed through interfund loans and to reimburse a developer on a -pay -as you go basis for eligible site improvements costs incurred by a developer up to $862,500.00, for a total of up to $1,150,000. REVENUES AND OTHER FINANCING SOURCES (OFSs) BUDGET AMOUNT Tax Increment Revenue $4,168,632 Interest and Investment Earnings $37,509 Total Estimated Project/Financing Costs to be Paid From Tax Increment $4,206,141" 3. Section 2.11 of the Plan be modified by changing the OFU table to hereafter read as follows: "EXPENDITURES AND OTHER FINANCING USES (OFUs) BUDGET AMOUNT Land/building acquisition -0- Site improvements/preparation costs $1,462,000 Other Public Improvements $2,261,055 Administrative Costs $294,219 Estimated Interest Expense $188,867 Total Estimate Project Costs to be paid from Tax Increment $4,206,141 Estimated Financing Total amount of Bonds to be issued: up to $1,150,000" Enacted by the vote of City Council of the City of Stillwater this day of Februray, -2- CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, Clerk Memorandum Date: January 22, 2015 To: City Administrator Larry Hansen From: Chief John Gannaway Subject: Request to purchase ATV In the Adopted 2015 Budget, the Police Department was authorized to purchase three patrol vehicles (estimated to spend $41,000 per vehicle). Through insurance claims from patrol vehicle accidents in 2014, we replaced one patrol vehicle, which means that technically we need only two patrol vehicles for 2015 to maintain our fleet rotation. *We purchase our nine patrol vehicles on a three year rotation from the State Contract Pricing/Bid. We lease our unmarked police cars In lieu of purchasing a third patrol vehicle, the Police Department is requesting to purchase an ATV. We are requesting the ATV because we have found that ATV's and bicycles are the preferred mode of transportation when patrolling downtown on busy days. They are more agile and get through traffic and pedestrians easier than patrol vehicles. During major events, they are the preferred vehicle of choice. In addition, with the completion of the Brown's Creek Trail, we will have several more miles of trails to patrol and respond to emergency calls for service on. While we do have a Polaris Ranger UTV, and it is capable of operating on the trails, it is a more wide-bodied UTV, making it not optimal for trail operations with pedestrians and bicycles. It was also purchased out of the Parking Enterprise Fund and is used for Parking Enforcement. We have done some research on ATV's, and priced models between $6500-14,000, but we would like to do more research to make sure we get the right fit and ATV for Stillwater. There, we are requesting to purchase an ATV, not to exceed $14,000 MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Director of Public Works DATE: January 30, 2015 RE: 2015 Annexation Area Development Fee Increase DISCUSSION Earlier this month, council approved the 2015 fee schedule for the City of Stillwater, the development fees were not included in this approval since the index for computing the increase had not published. Below is the list of fees with the adjusted increase, which amounted to 2.81% 2014 2015 AUAR Single Family $10,278/acre $10,556/acre Multi-family/Commercial $20,556/acrc $21,133/acre TRANSPORTATION ADEQUACY FUND Residential $17,600/acro $18,094/acre Commercial $61,600/acre $63,331/acre TRUNK SEWER AND WATER Phase III Annexation $16,090/acre $16,542/acre Long Lake East $9,043/acre $9,297/acre Long Lake West $13,636/acre $14,019/acre Middle Trunk A $5,74 8/acre $5909/acre Boutwell East $13,149/acre SEWER & WATER HOOKUP Sanitary Sewer $3,858 $3966 Water $3,858 $3966 RECOMMENDATION It is recommended that Council approve the annexation development fees for 2015. ACTION REQUIRED If council concurs with the recommendation, they should pass a motion adopting a resolution approving the annexation development fees for 2015. APPROVING ANNEXATION DEVELOPMENT FEES BE IT RESOLVED, by the City Council of Stillwater, MN that the 2015 Annexation Development Fees listed below are hereby reviewed and approved, effective January 1, 2015. FEE NAME AMOUNT AUAR Single Family $10,556/acre Multi-family/Commercial $21,133/acre TRANSPORTATION ADEQUACY FUND Residential $18,094/acre Commercial $63,331/acre TRUNK SEWER AND WATER Phase III Annexation $16,542/acre Long Lake East $9,297/acre Long Lake West $14,019/acre Middle Trunk A $5,909/acre Boutwell East $13,149/acre SEWER & WATER HOOKUP Sanitary Water $3,966 $3,966 Adopted by the City Council of the City of Stillwater this 3rd day of February 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Stillwater Fire Department Memo To: Mayor Kozlowski and Council \—�`,� From Stuart W. Glaser, Fire Chief Date: January 26, 2015 Re: Fire Protection Contract — May Township Background The City of Stillwater provides fire services to a portion of May Township through a contract agreement. The existing contract expired on December 31, 2014 and is due for renewal. Summary The attached contract was developed with participation from both parties and has been signed by May Township. Upon signature by the City of Stillwater the contract will be accepted and agreed upon for a two year period expiring on December 31, 2016. Council Action Approve and sign attached contract. 1 RESOLUTION 2015-024 APPROVING FIRE PROTECTION CONTRACT WITH THE TOWN OF MAY BE IT RESOLVED, by the City Council of Stillwater, MN that the fire protection contract between the Town of May and the City of Stillwater, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor and City Clerk to sign the contract. Adopted by the Council this 3rd day of February, 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk FIRE PROTECTION CONTRACT THIS AGREEMENT, made this day of , 2015, by and between the City of Stillwater, a municipal corporation of Washington County, Minnesota, hereinafter called "City" and the Town of May, an unincorporated governmental subdivision of the County of Washington, Minnesota, hereinafter called the "Town." WITNESSETH, that the City and the Town agree as follows: ARTICLE I The City agrees that from and after January 1, 2015, and until December 31, 2016, it will upon notification of the existence and location of any fire or rescue call in the Town and upon the request for assistance in the extinguishment, with reasonable dispatch, provide two units of motorized firefighting apparatus, one of which shall be a water transport or rescue unit, suitable for use in the protection of life and property against loss by fire or rescue emergency in rural areas each staffed by an operator capable of utilizing the apparatus and equipment in an efficient manner. Additional personnel and equipment shall be used where necessary and practicable, taking into consideration all of the demands being made upon the City Fire Department. The use of additional personnel of the City Fire Department shall be left to the sole discretion of the City Fire Chief, or duly authorized agent, whose judgment in any particular instance shall be final and conclusive. ARTICLE II The Town agrees to pay the City for the performance of this contract, for the period January 1, 2015 through December 31, 2015 the sum of One Hundred Eleven Thousand, Seven Hundred -Seven and no/100th Dollars ($111,707.00) payable one-half (1/2) by July 1, 2015 and the balance by December 31, 2015; for the period January 1, 2016 through December 31, 2016, the sum of One Hundred fifteen and fifty eight and no/100th Dollars ($115,058.00) payable one- half (1/2) by July 1, 2016 and the balance by December 1, 2016. These fees are based on a service area depicted in Exhibit A and a cost-sharing formula agreed to by the parties. ARTICLE III The operation, management and control of the personnel and equipment provided by City hereunder shall at all times be under the charge and direction of the City Fire Chief, or duly authorized agent. ARTICLE IV The City shall not be liable in damages for injuries to the person or property or its agents, officers and employees directly or indirectly resulting from the operation of the City equipment or from acts of omissions of City officers and employees or their agents, negligent or otherwise, while engaged in the performance of this contract. The City or its agents, officers and employees shall not be liable to any person or entity for costs, damages, expenses or other liability. To the extent the City does not have insurance coverage, including but not limited to, commercial insurance or self-insurance pool, the Town agrees to indemnify and hold the City or its agents, officers and employees harmless from any costs, damages or other liability of the City, its agents, officers and employees arising from the providing of Emergency Response Services with regard to any hazardous substance, pollutant or contaminant, including any costs associated with the contaminant, removal of or remedial action relating to any hazardous substance, pollutant or contaminate. The City may not enter into any contract with third parties, however, concerning these matters without the written permission of the Town Board if the cost to the Town could exceed Two Thousand and no/100ths Dollars ($2,000.00). The Town shall, however, appoint three (3) Board Members to act on its behalf in an emergency. The names, addresses and phone numbers of the Board Members shall be furnished to City. Nothing in this contract shall be construed to extend or modify City's or the Town's limits on liabilities and immunities under Minnesota Statutes §466.01 to §466.15. ARTICLE V Under no circumstances shall the City be obligated to respond to any request for assistance when in the sole discretion of the City Fire Chief, or his duly authorized agent, any one of the following conditions exists: (1) when necessary personnel and equipment are engaged in combating fire within the City or elsewhere; (2) when road or weather conditions are such as to constitute an unusual hazard; and (3) when providing of a response would expose any person or property to unreasonable risk of harm from any release or threatened release of any hazardous substance, pollutant or contaminant, and if while City personnel and equipment are engaged in the performance of this contract, a fire should occur within the corporate limits of the City, the Fire Chief or duly authorized agent, may in his or her sole judgment and discretion withdraw all or a portion of the personnel and equipment from the performance of this contract for the purpose of responding to fire within the City. ARTICLE VI The parties agree that, in future contracts, the Town may specify changes to the service area depicted in Exhibit A, ant the Town's cost share will be adjusted accordingly. IN WITNESS WHEREOF, the parties hereto executed this Agreement as of the day and year first above written. TOWN OF MAY 1 CITY OF STILLWATER B `�J S-- Y 'tt � By Wil ' m Voedisch, Board Chair Ted Kozlowski, Mayor Attest: ((Cee/Attest: Diane F. Ward, Clerk Date: c Date: LINDA L. KLEIN May Township Clerk, Washington County,Minnesota Notarial Officer (ex -officio notary public) My term is indeterminate 2- Exk. G 174- 1; 1 4- 1 SCANDIA 182nd St N U 177th m Big Marine Lake MARINE ON ST. CROIX 0 C7 57 • Pei 57 11- ami -, Ea%f ro altritOmulfilln 15 immill-1 GRANT LINE—lir _�Nam&_s... • pi rilimrI IMO= ■ T twat 1111111110. LalLe11111011114%Allikk STILLWATER TOWNSHIP Town of May FIRE RESPONSE AREAS COUNTY EMERGENCY MANAGEMENT SYSTEM STILLWATER FIRE DEPARTMENT • Served By Hugo Fire Department: 6 Parcels Water v This map is for planning purposes only. Source: Washington County, MN DNR, NAC December 11, 2014 • NORTNW1ST ASSOCIATED CONSULTANTS, INC_ 4000 O13on Memonel Highway. Sumo 202. Gotdon Yo71oy. #114 05422 Tygpheme• 7032312999 faceln.i4 703 231 25111 pirnere nerplannlM.com water II I M l lti I W R I+ Q F M I IO N f S. 0J I' 1N CITY COUNCIL MEETING DATE: February 3, 2015: City Council CASE NO.: 2014-39 APPLICANT: Thad Rich, property owner REQUEST: 1) Rezoning to RA, One -Family Residential 2) Setback Variances 3) Preliminary Plat approval of Richlind, a 10 lot residential subdivision at 13310 Boutwell Road COMPREHENSIVE PLAN: LDR, Low Density Residential REVIEWERS: Community Development Director, City Engineer, Fire Marshal, City Attorney, Middle St. Croix Watershed Management Organization PREPARED BY: Abbi Jo Wittman, City Planner At the developer's request, the Planning Commission tabled consideration of their preliminary plat public hearing on January 14, 2015. This is to allow for the developer to revise the submitted plat. Staff recommends the Council open the public hearing and continue the hearing until such time as the developer submits a revised preliminary plat. THE BIRTHPLACE OF MINNESOTA TO: Mayor & Council FROM: Bill Turnblad, Community Development Director DATE: January 29, 2015 RE: Commercial Parking Downtown BACKGROUND The City has been experiencing difficulty with trailers and contractors parking in the Downtown municipal parking lots. And, for tickets to be sustained by County judges for this type of parking violation, the City needs to revise its parking ordinances and parking lot signage accordingly. On January 6, 2015 the City Council held a public hearing and first reading for a proposed ordinance amendment. No public testimony was offered and the Council closed the hearing. But, since there was concern about completely prohibiting the parking of trailers and tow -vehicles downtown, the first reading was tabled and continued to the January 20, 2015 Council meeting. On January 20, 2015 the Council approved the first reading, with the understanding that trailer parking would be allowed by resolution in: 1) Municipal Lot 12 (between The Lofts and the Zephyr Depot); and 2) in Bridgeview Park until development of the park makes the parking no longer possible. COMMENTS The final draft of the ordinance is attached. It is identical to the version approved in the first reading, which prohibits contractor equipment parking anywhere downtown. It also prohibits boat and other trailer parking "except in areas specifically designated" for it. To formalize the "specifically designated areas", a resolution should be adopted. It is also attached. ACTION REQUESTED Staff requests the Council to hold the second reading of the ordinance. If the ordinance is found acceptable, the Council would approve it and adopt the associated resolution. bt Attachment: Draft ordinance Trailer parking resolution Parking Ordinance Amendment Page 2 ORDINANCE 1072 AN ORDINANCE AMENDING CITY CODE SECTION 51-2 RELATING TO PARKING REGULATIONS The City Council of the City of Stillwater does ordain: 1) Section 51-2, Subdivision 2 of the City Code entitled "Commercial Motor Vehicles" is amended to hereafter read as follows: Subd. 2. Commercial motor vehicles. No motor vehicle over one -ton capacity bearing a commercial license and no commercially licensed trailer may be parked in any public parking lot or on any street or roadway in any area in the city, except when such vehicle is engaged in loading, unloading or rendering a service in the area involved, or when prior authorization for the parking has been obtained from the chief of police. 2) Section 51-2, Subdivision 4 of the City Code entitled "Empty Boat Trailers in CBD District" is amended to hereafter read as follows: Subd. 4. Trailers in CDB District. No person may park any boat trailer or other trailer on any street or alley or in any public parking lot located with the CBD district (Central Business District — Zoning District) of the City, except in areas specifically designated for trailer parking. Enacted by the City Council of the City of Stillwater this 3rd day of February, 2015. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk RESOLUTION DESIGNATING SPACES WHERE TRAILERS AND THEIR ATTACHED TOW -VEHICLES ARE PERMITTED TO PARK DOWNTOWN WHEREAS, the Stillwater City Council passed Ordinance 1072 on February 3, 2015; and WHEREAS, Ordinance 1072 states that "No person may park any boat trailer or other trailer on any street or alley or in any public parking lot located with the CBD district (Central Business District — Zoning District) of the City, except in areas specifically designated for trailer parking". NOW, THEREFORE, BE IT RESOLVED that the Stillwater City Council hereby designates the following areas in the CBD for trailer parking: See Exhibits A and B. BE IT FURTHER RESOLVED that parking in the designated trailer parking spaces is subject to the following: 1. Trailers must have their tow -vehicles attached when in the designated trailer parking spaces. 2. No overnight parking is allowed in the designated trailer parking spaces. 3. Parking in the spaces designated for trailer parking is not limited to trailers and their tow -vehicles. Vehicles that are not towing trailers are also allowed to park in these spaces. Adopted by the Stillwater City Council this 3rd day of February, 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Exhibit A Trailer Parking in Municipal Lot 12 Municipal Lot 12 East Laurel Street Trailer parking spaces (in cross hatch pattern) Exhibit B Trailer Parking Bridgeview Park Trailer Parking (outlined in red) THE BIRTHPLACE OF MINNESOTA TO: Mayor & City Council FROM: Bill Turnblad, Community Development Director DATE: January 30, 2015 RE: 2015 LOG JAM CONTRACT BACKGROUND In March of 2014 the City Council approved a contract with The Locals, a 501C3 organization, to produce the Stillwater Log Jam. Per the terms of the contract, the City was obligated to complete a review by November 1St. The review was completed by the City's Event Coordinator on August 5th and circulated to staff and Council Members shortly thereafter. The Locals met with City staff in December to discuss revisions for the 2015 event contract. A redlined version of the proposed revisions is now with The Locals for their review. On January 29th The Locals paid the remaining invoice balance for City services rendered during the 2014 Stillwater Log Jam. COMMENTS The primary proposed contract changes are: 1. Financial Assurances a. Payment of City Costs i. Last year a $20,000 deposit was required for this. The actual amount paid for City services such as Police and Fire totaled $23,736.84. ii. As long as the number and types of activities and performance groups is substantially similar to last year, and the number of people attending the event is about the same, then City staff would recommend a $30,000 deposit for City services. That may be a bit high, but any remaining deposit would be reimbursed. iii. The actual deposit amount is not included in the contract. Instead, the contract simply states a deposit will be made to the City for this purpose. b. Payment of Private Costs Last year a private letter of credit was intended to serve as a performance guarantee for payment to private businesses and individuals providing labor or materials to the event. If the Council wants to require some January 29, 015 Page 2 assurance this coming season, staff would recommend a cash deposit for this purpose. 2. City Percent of Ticket Sales The City will not request a percentage of the ticket sales revenue to cover public costs of supporting the event. a. The Locals expressed an interest this year in sharing ticket sales revenue in order to reduce the amount of the up -front deposit for City services. b. The Locals said they would decide whether their Board wanted to pursue this, or drop it and simply use the up -front deposit approach to paying for City services. 3. Sanitation a. Public Restrooms. Added standard event contract language on maintenance of public restrooms. Essentially, if The Locals elect not to maintain and clean the public restrooms, the City will do it and The Locals will bear the costs. b. Vendors' Greywater. Greywater from vendors will have to be stored either in a holding tank or greywater barrels approved by Washington County Health Department. 4. "Umbrella" Events a. By May 22nd The Locals will need to submit a complete list of all "Umbrella" events. (Events not being produced by The Locals, but that The Locals are allowing to operate under the auspices of Stillwater Log Jam.) 5. City Parking Lots a. Standard language is being added that the City prefers the event to be held in public parks rather than in public parking lots. But, Lots 4, 5, 9,10 and 11 are offered if needed. This intentionally leaves out Lots 8a (leased to River Market Coop) and 8b. Lots 6 and 7 next to the pedestrian walkway are also left out this year. 6. Schedule of Deadlines a. Both staff and The Locals would like deadlines to be more specifically identified this year. Consequently, a complete list of major deadlines was written and agreed to by both The Locals and staff. It is attached. Originally, the schedule was going to be included in the contract, but for contract simplicity's sake it is now a freestanding document. REQUEST Staff requests the City Council to consider the proposed contract changes. If a majority of the Council is satisfied with them, staff will continue working with The Locals to put the contract and a resolution of approval on the February 17th Council agenda. bt attachments: Schedule of deadlines Date Due Item Responsible Status January Contract Negotiations The Locals/City January Finalized Contract Signed The Locals/City January Finalized List of hard costs from the city to be included in Contract City of Stillwater February Status Update to the City The Locals February Permits applied for and paid for at the City The Locals February Permits applied for and paid for with Washington County The Locals February DNR Permit applied for and paid for regarding Fishing Contest The Locals February Initial Site Maps Drafted The Locals February Parade Route Map Drafted The Locals February 5K Race Route Map Drafted The Locals February Soap Box Derby Route Map Drafted The Locals March Status Update to the City The Locals March Parade Route Finalized The Locals/City March 5k Race Route Finalized The Locals/City March Soap Box Derby Route Finalized The Locals/City March Barricades Ordered The Locals March Trash Plan and Contract due to the City The Locals March Meeting with the Parking Commission The Locals/City April Status Update to the City The Locals April Discussion of total bill for police and fire hard costs to be determined The Locals/City April Port -o -Johns Ordered The Locals April Schedule of Events discussed with City, City Council Members (privately) The Locals/City May Status Update to the City The Locals May Total final payment made to the City for hard costs The Locals May Certificate of Insurance due to the City The Locals May Music Line -Up discussed in Private with Mayor and Police Chief The Locals/City May Music Line -Up determined and announced to the public The Locals June Status Update to the City The Locals June Total final payment made to the City for police and fire charges The Locals June Schedule of Events Announced to the Public The Locals June Mailers sent out for 5k, Parade and Soap Box Derby Routes The Locals June July July July July July July 15-16 July 17-19 July 20 -Monday August City Event Coordinator to provide list of all streets needed police "No Status Update to the City Final List of Vendors to the City and Washington County Complete Production Schedule to the City Utility Locate of Park(s) Pre -Event Walkthrough Event Load -In Event Final Clean -Up and Walkthrough Event Evaluation Meeting (And and refunds provided to The Locals) Parking" Signs City of Stillwater The Locals The Locals The Locals The Locals The Locals/City The Locals/City The Locals/City The Locals/City The Locals/City 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 DTMAGNUSON aMAGNUSONLAWFIRM.COM MEMORANDUM TO: Mayor, City Council and Staff FROM: David T. Magnuson DATE: January 29, 2015 RE: NSP Franchise Renewals CAS! R. Burrs CR13 a. AGNUSONLAWFIRM.COM When the NSP Franchises were last renewed in 2003, the City enacted a Franchise Fee. This fee has been made part of the City budget since that time, and in order to maintain the fee without lapses, it will be necessary to renew both the Gas and Electric Franchises during the month of February. The proposed drafts, if approved by both a 1st and 2nd reading this month, will insure that the stream of franchise fees will continue without interruption. Staff has been working with NSP on the attached drafts since November. Staff is satisfied that the grant of franchise is consistent with MN Law, with the Rules of the Public Service Commission, and with standards that have been developed by metropolitan cities and the League of Minnesota Cities. They must obtain a permit to dig in city streets for which the City can charge a reasonable fee. They are also responsible to restore any right of way to as good a condition as before they worked. These provisions are standard for metropolitan area cities and staff is satisfied that they are reasonable. Further, these franchises are proposed for a term of 20 years, however the fees that are collected for the City can be changed by the City with a 90 day notice at any time during the 20 year term. The one issue that has been vetted in these discussions is whether NSP can be charged for costs associated with the undergrounding of electrical lines in the Downtown. Staff is satisfied that there is no legal way to compel NSP to bury the lines at its expense. The rules for undergrounding relocations were developed during a project in the City of Oakdale when the Imation Building was constructed by 3M. After court proceedings and proceedings before the Minnesota Public Service Commission, the final determination was made, that City initiated relocations to underground will need to be borne by the City or by rate payers as a surcharge. A process is in place however, to request a City Facilities Surcharge (CRFS) that can be added to the existing fees. The allowable surcharge can be up to $4.50 per month for residential, and up to 4 times that much for large commercial users. The surcharge can remain in place for up to five years. In order to implement the CRFS, a special process must be initiated by the City. Staff will be prepared to answer questions regarding the renewal and it is expected that Colette Jurek of the power company will also be in attendance as a resource. DTM/jp 2 ELECTRIC FRANCHISE ORDINANCE ORDINANCE NO. 1073 CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF STILLWATER, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: 1.1 City. The City of Stillwater, County of Washington, State of Minnesota. 1.2 City Utility System. Facilities used for providing non -energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. 1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all, or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. 1.4 Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns. 1.5 Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. 1.6 Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, 414 Nicollet Mall, 5th Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City Administrator, City Hall, 216 Fourth Street North, Stillwater, MN 55082. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. 1.7 Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. 1 1.8 Public Way. Any street, alley, walkway or other public right-of-way within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date. Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City, by Council resolution, may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B.40. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used, or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon underground Electric Facilities in place, provided at the City's request, Company will remove abandoned metal or 2 concrete encased conduit interfering with a City improvement project, but only to the extent such conduit is uncovered by excavation as part of the City improvement project. 3.2 Field Locations. Company shall provide field locations for its underground Electric Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street Openings. Company shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Ground or Public Way without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Ground or Public Way, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for one year thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or Public Way in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way. 3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric Facilities. 3.7 Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities upon terms and conditions acceptable to Company whenever such use will not interfere with the use of such poles or towers by Company, by another 3 electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. SECTION 4. RELOCATIONS. 4.1 Relocation of Electric Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Electric Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Electric Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electric Facilities, which was made at Company expense, the City shall reimburse Company for non -betterment costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Electric Facilities in Public Ground. City may require Company, at Company's expense, to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned for a right-of-way project or any other project which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non -betterment costs of such relocation are first paid to Company. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company, which allocated funding the City shall specifically request. Relocation, removal or rearrangement of any Company Electric Facilities made necessary because of a federally - aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the rights herein granted to Company are valuable rights. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Company's rights under state or county permit. 4 SECTION 5. TREE TRIMMING. Company may trim all trees and shrubs in the Public Grounds and Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner, of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City and Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. 5 SECTION 9. FRANCHISE FEE. 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on Company, the City may impose on Company a franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties have agreed that the franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall not exceed the following amounts. Class Fee Per Premise Per Month Residential $ 2.00 Sm C & I — Non -Dem $ 2.50 Sm C & I — Demand $ 18.00 Large C & I $125.00 Public Street Ltg $ 4.00 Muni Pumping —N/D $ 2.00 Muni Pumping — Dem $ 18.00 9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 90 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail The fee shall not become effective until the beginning of a Company billing month at least 90 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum amount set forth in Section 9.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class. 9.3 Terms Defined. For the purpose of this Section 9, the following definitions apply: 9.3.1 "Customer Class" shall refer to the classes listed on the Fee Schedule and as defined or determined in Company's electric tariffs on file with the Commission. 9.3.2 "Fee Schedule" refers to the schedule in Section 9.1 setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Class added by Company to its electric tariffs after the effective date of this franchise agreement. 9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for electric service in each class. The payment shall be 6 due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for electric service in excess of the amounts specifically permitted by this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for electric service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. 9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to the extent of such written consent. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties, and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, 7 which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous electric franchise granted to Company or its predecessor. Passed and approved: February 17, 2015 Attest: Diane F. Ward, City Clerk Date Published: Friday, February 20, 2015 8 Ted Kozlowski, Mayor ORDINANCE 1073A AN ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF STILLWATER. THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: SECTION 1. The City of Stillwater Municipal Code is hereby amended to include reference to the following Special Ordinance. Subdivision 1. Purpose. The Stillwater City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide electric services within the City of Stillwater. (a) Pursuant to City Ordinance 1073, a Franchise Agreement between the City of Stillwater and Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns, the City has the right to impose a franchise fee on Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns, in an amount and fee design as set forth in Section 9.1 of the Northern States Power Company Franchise and in the fee schedule attached hereto as Schedule A. Subdivision 2. Franchise Fee Statement. A franchise fee is hereby imposed on Northern States Power Company, a Minnesota Corporation, d/b/a Xcel Energy, its successors and assigns, under its electric franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with the Xcel Energy June, 2015 billing month. This fee is an account -based fee on each premise and not a meter -based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company's manner of billing for energy used at all similar premises in the city will control. Subdivision 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 9.4 of the Franchise. Subdivision 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow Company to add a surcharge to customer rates of city residents to reimburse Company for the cost of the fee. 1 Subdivision 5. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. Subdivision 6. Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and ninety (90) days after the sending of written notice enclosing a copy of this adopted Ordinance to Xcel Energy by certified mail. Collection of the fee shall commence as provided above. Passed and approved: February 17, 2014. Attest: Diane F. Ward, City Clerk SEAL 2 Ted Kor<lowski, Mayor SCHEDULE A Franchise Fee Rates: Electric Utility The franchise fee shall be in an amount determined by applying the following schedule per customer premise/per month based on metered service to retail customers within the City: Class Amount per month Residential $ 2.00 Sm C & I — Non -Dem $ 2.50 Sm C & I — Demand $ 18.00 Large C & I $125.00 Public Street Ltg $ 4.00 Muni Pumping —N/D $ 2.00 Muni Pumping — Dem $ 18.00 Franchise fees are to be collected by the Utility at the rate listed below, and submitted to the City on a quarterly basis as follows: January — March collections due by April 30. April — June collections due by July 31. July — September collections due by October 31. October — December collections due by January 31. 3 GAS FRANCHISE ORDINANCE ORDINANCE NO. 1074 CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO ERECT A GAS DISTRIBUTION SYSTEM FOR THE PURPOSES OF CONSTRUCTING, OPERATING, REPAIRING AND MAINTAINING IN THE CITY OF STILLWATER, MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND APPURTENANCES FOR THE TRANSMISSION OR DISTRIBUTION OF GAS TO THE CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING GAS INTO AND THROUGH THE CITY AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitali7ed terms listed in alphabetical order shall have the following meanings: 1.1 City. The City of Stillwater, County of Washington, State of Minnesota. 1.2 City Utility System. Facilities used for providing non -energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. 1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all, or part of the authority to regulate Gas retail rates now vested in the Minnesota Public Utilities Commission. 1.4 Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns. 1.5 Gas. "Gas" as used herein shall be held to include natural gas, manufactured gas, or other form of gaseous energy. 1.6 Gas Facilities. Pipes, mains, regulators, and other facilities owned or operated by Company for the purpose of providing gas service for public use. 1.7 Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, 414 Nicollet Mall, 5th Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City Administrator, City Hall, 216 Fourth Street North, Stillwater, MN 55082. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. 1 1.8 Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. 1.9 Public Way. Any street, alley, walkway or other public right-of-way within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish Gas energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date; Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City by Council resolution may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for Gas service in City are subject to the jurisdiction of the Commission. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1 Location of Facilities. Gas Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Gas Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Gas Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon underground gas facilities in place, provided, 2 at City's request, Company will remove abandoned metal pipe interfering with a City improvement project, but only to the extent such metal pipe is uncovered by excavation as part of the City's improvement project. 3.2 Field Locations. Company shall provide field locations for its underground Gas Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street Openings. Company shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Ground or Public Way without permission from the City where an emergency exists requiring the immediate repair of Gas Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Ground or Public Way, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for one year thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or Public Way in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way. 3.5 Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Gas Facilities. 3 SECTION 4. RELOCATIONS. 4.1 Relocation of Gas Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Gas Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Gas Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Gas Facilities, which was made at Company expense, the City shall reimburse Company for Non -Betterment Costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Gas Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Gas Facilities in Public Ground. City may require Company at Company's expense to relocate or remove its Gas Facilities from Public Ground upon a finding by City that the Gas Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. City shall not order Company to remove or relocate its Gas Facilities when a Public Way is vacated, improved or realigned for a right-of-way project or any other project which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non -betterment costs of such relocation are first paid to Company. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company, which allocated funding the City shall specifically request. Relocation, removal or rearrangement of any Company Gas Facilities made necessary because of a federally - aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the rights herein granted to Company are valuable rights. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Company's rights under state or county permit. SECTION 5. TREE TRIMMING. Company is also granted the permission and authority to trim all shrubs and trees, including roots, in the Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of Gas Facilities, provided that Company shall save City harmless from any liability in the premises. 4 SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Gas Facilities, shall not operate to deprive Company of its rights to operate and maintain such Gas Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on the Company, the City may impose on the Company a franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties have agreed that the franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall not exceed the following amounts: 5 Class Fee Per Premise Per Month Residential $ 1.00 Commercial Firm Non -Demand $ 5.00 Commercial Firm Demand $ 5.00 Small Interruptible $ 5.00 Medium and Large Interruptible $ 5.00 Firm Transportation $ 5.00 Interruptible Transportation $ 5.00 9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 90 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effective until the beginning of a Company billing month at least 90 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum amount set forth in Section 8.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class. 9.3 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for gas service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for gas service in excess of the amounts specifically permitted by this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for gas service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. 9.4 Terms Defined. 9.4.1 "Customer Class" shall refer to classes listed in the Fee Schedule and as defined or determined in Company's gas rate book on file with the Commission. 6 9.4.2 "Fee Schedule" refers to the Schedule in Section 9.1 setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Classes added by the Company to its gas tariffs after the effective date of this franchise agreement. 9.4.3 Therm shall be a unit of gas providing 100,000 Btu of heat content adjusted for billing purposes under the rate schedules of Company on file with the Commission. 9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to the extent of such written consent. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the 7 amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous Gas franchise granted to Company or its predecessor. Passed and approved: February 17, 2015 Attest: Diane F. Ward, City Clerk Date Published: Friday, February 20, 2015 Ted Kozlowski, Mayor 8 ORDINANCE 1074A AN ORDINANCE IMPLEMENTING A GAS SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING GAS SERVICE WITHIN THE CITY OF STILLWATER. THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: SECTION 1. The City of Stillwater Municipal Code is hereby amended to include reference to the following Special Ordinance. Subdivision 1. Purpose. The Stillwater City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas services within the City of Stillwater. (a) Pursuant to City Ordinance 1074, a Franchise Agreement between the City of Stillwater and Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns, the City has the right to impose a franchise fee on Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns, in an amount and fee design as set forth in Section 9 of the Northern States Power Company Franchise and in the fee schedule attached hereto as Schedule A. Subdivision 2. Franchise Fee Statement. A franchise fee is hereby imposed on Northern States Power Company, a Minnesota Corporation, d/b/a Xcel Energy, its successors and assigns, under its gas franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with the Xcel Energy June, 2015 billing month. This fee is an account -based fee on each premise and not a meter -based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for gas service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company's manner of billing for energy used at all similar premises in the city will control. Subdivision 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 9.1 of the Franchise. Subdivision 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow Company to add a surcharge to customer rates of city residents to reimburse Company for the cost of the fee. Subdivision 5. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. 1 Subdivision 6. Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and ninety (90) days after the sending of written notice enclosing a copy of this adopted Ordinance to Xcel Energy by certified mail Collection of the fee shall commence as provided in above. Passed and approved: February 17, 2015 Attest: Diane F. Ward, City Clerk SEAL 2 Ted Koilowski, Mayor SCHEDULE A Franchise Fee Rates: Gas Utility The franchise fee shall be in an amount determined by applying the following schedule per customer premise/per month based on metered service to retail customers within the City: Class Amount per month Residential $ 1.00 Commercial Non -Demand $ 5.00 Commercial Firm Demand $ 5.00 Small Interruptible $ 5.00 Medium and Large Interruptible $ 5.00 Firm Transportation $ 5.00 Interruptible Transportation $ 5.00 Franchise fees are to be collected by the Utility at the rate listed below, and submitted to the City on a quarterly basis as follows: January — March collections due by April 30. April — June collections due by July 31. July — September collections due by October 31. October — December collections due by January 31. 3 liwater THE BIRTHPLACE OF MINNESOTA REPORT DATE: January 28, 2015 APPLICANT: St. Croix Boat & Packet REQUEST: Annual review of St Croix Boat & Packet dock permit; and Gondola on the St. Croix wharfage permit PREPARED BY: Bill Turnblad, Community Development Director BACKGROUND Two conditions attached to the St. Croix Boat & Packet Company's special use permit (SUP) are that the company must: 1) receive a dock permit from the City annually; and 2) allow the "Gondola on the St. Croix" to use the transient portion of the company's dock for wharfage. The St Croix Boat & Packet Company keeps six excursion boats at the two docks associated with their SUP. They also provide transient boat dockage for the general public. (See attached air photo.) Of the six excursion boats at the docks, only four of them use these docks as their base of operations. Two of them dock here for periods of less than 24 hours for repairs or passenger loading/unloading. During the winter all six boats are stored here. Public Transient Boat Dockage The transient boat slips are advertised by St. Croix Boat & Packet in several boating guides and they are used fairly frequently, especially on weekends. In 2012 there were 1,343 boats that docked here. In 2013 the number dropped fairly dramatically to 709. In 2014 it rose a bit to 763 boats. St. Croix Boat & Packet Passenger Trips The total number of passengers in 2012 was 89,386; in 2013 it was 87,693; and in 2014 the total increased to 98,381. St. Croix Boat and Packet Co. Boats Charters Excursions Trips Passengers Trips Passengers Jubilee II 85 5,656 11 861 Majestic Star 71 12,376 8 1,844 Anastasia 97 3,513 5 121 Andiamo Showboat 123 7,882 145 7,913 Empress Andiamo 53 5,817 94 9,931 Avalon 44 15,112 105 27,355 Total 473 50,356 368 48,025 The 2015 dock permit rate is proposed to remain the same as in 2014 at $1,700.00 for each of the four charter boats that are normally kept on this dock. Additionally a permit fee of $1,700 would be paid for the one service boat, and $1,700 for the right to bring other charter boats to the site for less than 24 hours at a time. The total fee for 2015 is therefore proposed to be $10,200. STAFF RECOMMENDATION Staff recommends City Council approval of the 2015 dock permit. Attachment: Air photo Proposed 2015 Dock Permit Resolution 2015 DOCK PERMIT Pursuant to Chapter 48.6 of the Stillwater City Code, the Stillwater City Council ("City") hereby grants to the St. Croix Boat and Packet Company ("Company") a Dock Permit upon the following terms and conditions: 1. LOCATION. The Dock may be maintained in the St. Croix River south of East Nelson Street. 2. OTHER RULES. The company must abide by the rules and regulations and permit conditions of the Corps of Engineers of the United States Army and the Minnesota Department of Natural Resources. Any charter or excursion vessels carrying passengers for hire and using docks must abide by applicable U.S. Coast Guard regulations. 3. NO GAS PUMPS. No gas pump may be located on the dock. 4. NO DISCRIMINATION. The Company may not discriminate against any person on the basis of race, creed, national origin, sex or social status. 5. WATER FRONT REGULATIONS. The Company must abide by all rules and regulations and restrictions set forth in Chapter 48.6 of the Stillwater City Code relative to the waterfront. 6. SPECIAL USE PERMIT. The Company must abide by the conditions as set forth in the Special Use Permit (SUP/88-00) issued to Company by the Stillwater City Council, dated July 18, 2000. 7. SCHEDULE OF FEES AND REPORT OF ACTIVITY. Upon request of the City, the Company must submit a schedule of fees charged for the transient boat docking and a report summarizing the boating activity for the year. The activity report must state the number of boating trips made each week and the number of passengers carried during the week. 8. INSURANCE The Company must provide to the City proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims arising out of a single occurrence, covering claims arising out of the activates authorized by this permit, and to name the City as an additional insured on this policy "as their interest may appear". 9. PUMP OUT PRIVILEGES. The Company must provide pump -out privileges for marine heads for any boater requesting this privilege at the same rate and fee charged to boats that are moored at the dock for a fee. 10. INSPECTIONS. The City reserves the right to request inspections of heads, electrical systems or other unsafe conditions on or about the dock or any vessel moored thereto. 11. USAGE. The moorage at the dock facilities is limited to four (4) charter/excursion boats and one (1) service boat not exceeding 26 feet in length. Up to two (2) additional charter/excursion boats or vessels may dock/moor at the dock facilities as permitted by the U.S. Army Corp of Engineers and the Minnesota Department of Natural Resources for repairs and/or passenger loading. The Company must accommodate a reasonable number of public "walk on" passengers and Company must also accompany a reasonable number of transient boats. In no event must the number of boats or vessels exceed the moorage limitation contained in the permits issued by the U.S. Army Corp of Engineers and the Minnesota Department of Natural Resources. 12. PERMIT FEE. The annual permit fee is $1,700.00 for each of the four charter/excursion boats that are normally docked at this site. Additionally the company shall pay an annual permit fee of $1,700.00 for the right to dock, repair at and/or load passengers for additional boats that normally are kept at different docks. The boats normally kept at a different dock shall not remain at this dock for a period to exceed 24 hour at a time. Finally, an annual permit fee of $1,700.00 shall be paid for the transient and Company boat docks. The total permit fee for 2014 shall be $10,200.00. 13. TRANSIENT BOATS Transient boats are defined as vessels that use the dock as a stopover privilege on a trip that does not originate from the dock. "Bareboat" charter vessels are considered transient boats if the origination of the trip, including loading of passengers, takes place elsewhere. 14. PARKING. The City reserves the right to request the Company's assistance in assuring that patrons and guests of the Company will park in a designated municipal parking lot. 15. FIRES. No person may build a fire in any area of the docking premises or in any vessel moored at the dock. 16. OBSTRUCTIONS. The City does not by granting this permit accept any responsibility for dredging the dock area or making the dock area free from obstructions or other hazards to navigation. 17. STORAGE. The City is not responsible for storage of the docks during the off-season and the Company must abide by any decision of the City with regard to storage. 18. RESERVATION OF RIGHTS. The City reserves the right to add or amend these rules when needed to protect the health, safety and welfare of the City. 19. DURATION. The duration of this permit is from January 1, 2015 through December 31, 2015. 20. TERMI NATION. This permit may be terminated by the City at any time it is deemed necessary for the protection of the public safety, health or welfare or for a violation of any conditions of this permit. Dated this 3rd day of February, 2015 CITY OF STILLWATER By: Attest: Ted Kozlowski, Mayor Diane F. Ward, City Clerk APPROVAL OF DOCK PERMIT FOR ST. CROIX BOAT AND PACKET CO. AND WHARFAGE PERMIT FOR GONDOLA BE IT RESOLVED by the City Council of Stillwater, MN that the Dock Permit for St. Croix Boat and Packet and wharfage permit for the Gondola, as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign the permit. Adopted by the Stillwater City Council this 3rd day of February, 2015 Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Director of Public Works DATE: January 27th, 2015 RE: Feasibility Study for Stillwater Oak Park Heights Street Project Project No. 2014-03 DISCUSSION Oak Park Heights is proposing a street reconstruction project for the northeast corner of their community. Included in this project area are streets that border with the City of Stillwater. Streets in the project area include Paris Avenue from 62nd Street south, Panama Avenue from Orleans to 62nd Street and 62nd Street from Panama Avenue to Paris Avenue. Oak Park Heights would be responsible for the engineering and the construction of these streets and would invoice all costs associated with work affecting properties in Stillwater. It is proposed that the City assess a portion of these costs to the affected property owners. PROPOSED PROJECT The streets in the project area are a rural section, meaning they have no curb and gutter and have poor drainage. Paris Avenue and Panama Avenue were recently overlaid with asphalt to correct the poor pavement condition. All streets within the project area would be reconstructed to an urban section with curb and gutter, four inches of bituminous and six inches of gravel, subgrade correction will occur in areas that are warranted. Storm sewer would be extended from the existing catch basin on the west side of Panama Avenue near Orleans to help correct drainage problem around the school property. PROJECT COST AND FINANCING Based on the estimate from Oak Park Heights and adding of some of our costs for review and administration, street costs are estimated at $325,520. There is 2504 lineal feet street frontage, on the project which brings the cost per foot at $130.00. The storm sewer on Panama is estimated at $22,000. Total Estimated cost of the project is $347,520.00 According to the City Assessment, Policy, reconstruction projects would be assessed 70% to the affected property owners. This would be the properties on Panama Avenue and 62nd Street. For Paris Avenue, the City has no vested interest in the road since it lies entirely within the City of Oak Park Heights, this portion would be charged 100% to Washington County. (This has been previously discussed with Washington County and approved.) The storm sewer costs would be assessed based on contributing area. Preliminary estimates show that Oak Park Heights contribute to about 25% of the drainage area or $5500 the remaining area would be assesses at 50% to the affected property owners, mainly Oak Park Elementary Street Reconstruction Assessed Cost Street Reconstruction City Cost $259,181 Storm Sewer —Assessed costs Storm Sewer- City Costs Storm Sewer Oak Park Heights Total Project costs PROPOSED SCHEDULE $66,339 $8250 $8250 $5500 $347,520 February 3, 2015 ...... Feasibility Study February 17, 2015 Public Hearing/ Order Improvement February 17' 2015 ..Approve plans/ Order Advertisement for Bids May -September- 2015 Construction October 2015 Assessment Hearing RECOMMENDATION Since the project is technically and financially feasible, it is recommended that Council approve the feasibility report for the Stillwater Oak Park Heights Street Project 2014 Street Improvement Project (Project 2014-03) and order a public hearing to be held on February 17th, 2015 at 7:OOPM. ACTION REQUIRED If Council concurs with the recommendation they should pass a motion adopting Resolution No. 2015- , RESOLUTION RECEIVING REPORT AND CALLING HEARING ON STILLWATER OAK PARK HEIGHTS STREET PROJECT (PROJECT 2014-03). RESOLUTION RECEIVING REPORT AND CALLING HEARING ON STILLWATER OAK PARK HEIGHTS STREET PROJECT (PROJECT 2014-03) WHEREAS, pursuant to resolution of the Council adopted December 3, 2013 a report has been prepared by the City Engineer with reference to the Stillwater Oak Park Heights Street Project; and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. The Council will consider the improvement of such street improvements in accordance with the report and the assessment of abutting property for a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $347,520.00 2. A public hearing shall be held on such proposed improvement on the 17th day of February 2015, at the Stillwater City Hall Council Chambers at 7:00 p.m., or as soon as possible thereafter, and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council of the City of Stillwater this 3rd day of February 2015. ATTEST: Diane F. Ward, City Clerk Ted Kozlowski, Mayor Stillwater/Oak Park Heights Street Project 2014-03 m 14011-7.-2:rw 1613 701 1405 1426 iS STREET 1485• ❑❑riD wj 1342 y y 14759 ❑ 6208 1339 1: 1 6429 6472 6450 6438 6396 6381 1338 0 O 1345 1344 D 1337 1340 w 1341 1346 111 114970 14929 I 0 6373 6303 6355 63RD STREET NORTH 14625-15222 6201 14894 0 0 6440 1337 1342 1343 1346 SIRE 1331 '1332 1347 11348 NNUUM. 11■1■1r 64TH STREET 1331 1326 1330 1325 704 1336 0 y v& NORTH w UPPER 63RD STREET NORTH Legend COS_Mun_Boundary 2014-03 Parcels 14940 62ND STREET NORTH 14949 a 1329 v STREET NORTH 60TH SIRES NORTH 0 0 15015 STATE HIGHWAY 36 LEER 61ST r l D7 D 111 1 �rr !hCD= now 1■ s BEET 615T 11PPEROISTSTN mtki MIR --7-1 — • } 60TH STREET NORTH 1 inch = 545 feet Document Path: T:\2014 PROJECTS12014-03 stillwater-OPH STreet Project\GIS\OPH_Drawingl.mxd lllwater THE BIRTHPLACE OF MINNESOTA TO: Mayor & City Council FROM: Bill Turnblad, Community Development Director DATE: January 27, 2015 RE: Parking Lot Rate Increase REQUEST Staff requests the Council to consider approving the Parking Commission recommendation to charge $5 for all day parking in Municipal Lots 141 (see attached map). BACKGROUND Currently $5 is charged in Lot 1, $3 is charged in Lot 2, and Lots 341 are free for 3 or 4 hours (depending upon the lot). The revenue raised with these rates falls short of paying for all operational and capital costs associated with the downtown parking system. Therefore, the Parking Commission undertook a system analysis to determine a rate that would cover costs. The result of their analysis was that a $5 all day rate in Lots 1-11 would be sufficient to cover all costs. Hopefully, the rate increase will also provide some funds to offset the parking ramp's negative fund balances. The Parking Commission recommendation also includes beginning a daytime residential pass program in conjunction with the parking lot rate increase. This daytime residential pass would allow any Stillwater resident to park for free in any of the downtown municipal lots. Residents would only be charged the cost of the materials for the annual windshield sticker pass. TIME TABLE On May 7, 2013 the Council first considered this Parking Commission recommendation. At that time staff was directed to solicit comments on the proposal from the downtown business community. The IBA, Chamber of Commerce and CVB were all asked to gather comments from their memberships. The result was that though the proposed rate was not met with opposition, the timing of the increase was questioned. With the Corps of Engineer's flood protection construction and the City's parking lot January 27, 2015 Page 2 reconstruction projects, the downtown community felt the rate increase in 2014 would be "adding insult to injury". On July 16, 2013 the Council considered the comments from the downtown business community and decided to table the rate increase and review it again in 2014 "after evaluation of construction timetables". The Corps of Engineer's flood protection improvements are complete now. And, except for the bituminous overlays in Lot 10, construction in all 11 of the subject municipal parking lots is complete. ACTION If the Council concurs with the Parking Commission recommendation, and if the Council finds the timing to be right for the rate increase, a voice vote would be sufficient to approve. bt attachment: Parking Lot Map 4illwater a H o n .. i ti r,+ N r, Downtown Stillwater Municipal Parking System 2014 City Parking Lot - City Parking Ramp Private parking ONLY 15 minute parking limit 30 minute parking limit Loading/unloading - Bus loading/unloading - Bus parking - On -street handicapped Lot 1 (hourly) Lot 2 (hourly) Lot 3 (3 hr) -- Lot 4 (4 hr) -- Lot 5 (4 hr) -- Lot 6 (3 hr) -- Lot 7 (3 hr) -- Lot 8a ("privat Lot 8b (4 hr) -- Lot 9 (4 hr) -- Lot 10 (24 hr) Lot 11 (24 hr) - Lot 12 (24 hr) Lot 13 (3 hr) Lot 14 (24 hr) Lot 15 (4 hr) Lot 16 (4 hr) Lot 17 (4 hr) Lot 18 Lot 19 Lot 20 (24 hr) Ramp (hourly) - - 98 spaces - - 84 spaces 33 spaces 29 spaces 7 spaces 16 spaces 16 spaces e") - 51 spaces 75 spaces 30 spaces - - 48 spaces - 45 spaces -- 101 spaces - - 23 spaces -- 8 spaces -- 13 spaces - - 47 spaces - - 97 spaces -- 60 spaces - - 75 spaces -- 22 spaces - 248 spaces Total = 1,226 spaces 468 marked on -street parking spaces 148 unmarked on -street parking spaces 1,842 total public spaces 1,412 free spaces 76.7% of spaces free Map produced by Stillwater Parking Commission 11/4/14 Draft -till ater Adm inistration To: Mayor and City Council From: Diane Ward, City Clerk Date: January 12, 2015 Subject: 2015 Council Representative Appointments Each year the Council reviews and appoints a Council representative(s) to various boards, commissions, and committees. Listed below are the following boards/commissions/committee and the 2014 representative respectively. BOARD/COMMISSION Convention & Visitors Bureau Downtown Parking Fire Relief Association Heritage Preservation Human Rights Joint Board Joint Cable Library Board Middle St. Croix Watershed Management Park & Recreation Planning Water Board ACTION REQUIRED: 2 Council Representatives 1 Council Representative, plus Mayor COUNCILMEMBER Mayor Kozlowski Councilmember Menikheim, Alternate Mayor Kozlowski Mayor Kozlowski Councilmember Menikheim Councilmember Menikheim Councilmember Polehna Vice -Mayor (Mayor) Polehna Councilmember Weidner Councilmember Weidner Councilmember Menikheim is Councilmember Menikheim presently a Board Member Councilmember Polehna Alternate: Mayor Kozlowski Councilmember Polehna Councilmember Weidner Councilmember Menikheim Determine 2015 assignments for members of Council and then Council should pass a motion assigning Council representatives to the Boards, Commissions, and Committees listed above. OOM S E YOU'RE INVITED! Friends Group Hosting Public Meeting About the Future of the St. Croix Boom Site On February 24 For Immediate Release For More Information Contact: Marc Hugunin 651-491-1981 FriendsofVVashingtonCounty(@,gmail.com The Friends of the St. Croix Boom Site will be hosting a public meeting to discuss the future of the St. Croix Boom Site. The St. Croix Boom Site is a 26 -acre park located in four segments on the St. Croix River and Highway 95 just north of Stillwater, and is listed on the National Register of Historic Places. Tuesday February 24 at 7 p.m. Council Chambers, Stillwater City Hall 216 North Fourth Street, Stillwater, MN 55082 The Friends are appreciative of the assistance of the City of Stillwater in holding this event. The February 24 meeting will be geared somewhat to the interests of City of Stillwater boards and commissions, but any interested party is invited to attend. For more information on the meetings, you also may visit www.FriendsofWashingtonCounty.com or email FriendsofWashingtonCounty(a�gmail.com. The Friends hope to hear from the public concerning: What do people like about the Boom Site? What do they like to do at the Boom Site? What else might they wish to do? What is the highest and best use of the Boom Site? The Friends will report their findings, including a Vision for the future of the St. Croix Boom Site, to the Minnesota Department of Natural Resources (DNR), which owns and manages the property. The Friends and the DNR hope that the public's input will help to shape facilities and management plans of the Boom Site for years to come. The Friends are conducting the public meetings and developing a Vision for the future of the Boom Site in partnership with the DNR, the Minnesota Department of Transportation, the National Park Service and Washington County. The effort is being supported by a federal grant, and is called "Restoring and Enhancing a National Historic Landmark." Boom site logo design by Craig Parent; woodcut artwork by Jim Meyer Washington County BOARD AGENDA FEBRUARY 3, 2015 - 9:00 A.M. Board of Commissioners Fran Miron, District 1 Ted Bearth, District 2 Gary Kriesel, District 3 Karla Bigham, District 4 Lisa Weik, District 5 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibilityorfunction 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 CountyAdministrator. The County Board Chair will askyou to come to the podium, state your name and city ofresidence and present your comments. Your comments must be addressed exclusivelyto 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'spresentationifit becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County'sResponsibilities 3. 9:10 Consent Calendar — Roll Call Vote 4. 9:10 Sheriff's Office — Doug Anschutz, Commander A. Resolution — Joint Powers Agreements with Cities for the Purpose of CodeRED B. Approve Agreement with Lakeview Hospital for Purpose of CodeRED 5. 9:15 General Administration — Molly O'Rourke, County Administrator A. Legislative Update B. Letter of Support for Grey Cloud Island Slough Funding C. Letter of Opposition to Increased Truck Weights 6. 9:25 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 thisn' . Any action necessary because of discussion will be scheduled for a future board meeting. 7. Board Correspondence 8. 9:40 Adjourn 9. 9:45 to 10:15 — Board Workshop with Public Health & Environment — Tommi Godwin, Associate Planner and Cathy Mackiewicz, Senior Community Health Specialist Review the 2013 Minnesota Student Survey Results 10. 10:20 to 10:50 — Board Workshop with Public Health & Environment — Judy Hunter, Senior Environmental Program Manager Discuss Resource Recovery Waste Processing Evaluation 11. 10:55 to 11:05 — Regional Railroad Authority Workshop with Public Works — Lyssa Leitner, Associate Planner and Jan Lucke, Transit/Transportation Planning Manager Review Red Rock Corridor Implementation Plan Assistive listening devices are available for use in the County Board Room If un„ mar/accicranrn Hi 1n rlieahifilli nr lanQ„ann hanfar Tran ea ran /RSl1 d9n.Rnnn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * FEBRUARY 3, 2015 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of January 13, 2015 County Board Meeting minutes. Human Resources B. Approval of conversion of four special project eligibility specialist positions to regular status. Public Health & C. Approval to enter into an agreement with Mary Storken to use county Environment property to provide onsite county employee wellness activities. Public Works D. Approval of amendment no. 1 between Washington County and Lockridge Grindal Nauen P.L.L.P. for federal relations services in the amount of $60,000 for 2015 legislative priorities. E. Approval of resolution authorizing final payment in the amount of $18,398.86 to Asphalt Surface Technologies Corporation for the County State Aid Highway 18/Woodlane Drive traffic signal and turn lane project. Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Assistive listening devices are available for use in the County Board Room If ,tn„ „AArf a««ranro rfi,o r„ dsatirfy rr rang„ago tiar,;ar „raps. ran /e5-1) eva.r;nnn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER BOARD AGENDA JANUARY 27, 2015 - 9:00 A.M. Board of Commissioners Fran Miron, District 1 Ted Bearth, District 2 Gary Kriesel, Chair District 3 Karla Bigham, District 4 Lisa Weik, District 5 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city ofresidence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's Responsibilities. 3. 9:10 Consent Calendar — Roll Call Vote 4. 9:10 Administration — Stephen Manweiler, Metropolitan Mosquito Control District Executive Director Review 2014 Activities and Present the 2015 Program Plan and Budget 5. 9:30 Public Health and Environment — Jill Timm, Senior Public Health Program Manager Approve Receipt of One -Time $20,000 Gift from Health Partners 6. 9:35 Public Works — John Elholm, Parks Director Approve Contract with Stonebrooke Engineering for Engineering Services for the Point Douglas Trail and Pedestrian Bridge Feasibility Project 7. 9:40 General Administration — Molly O'Rourke, County Administrator Legislative Update 8. 9:50 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. 10:05 Adjourn 11. 10:10 to 10:40 — Workshop with the Office of Administration — Colin Kelly, Administration Senior Planner and Wayne Sandberg, Public Works Deputy Director Overview of Washington County's Strategic and Implementation Plan 12. 10:45 to 11:15 — Workshop with Community Services — Robert Crawford, Workforce Center Division Manager Overview of Changes in the Workforce Innovation and Opportunity Act 11:20 Finance Committee Assistive listening devices am available for use in the County Board Room ityjo , nm.i.ee;efnnrc '11 P.0 ta5Yannn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * JANUARY 27, 2015 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Human Resources A. Approval of additional .20 Full Time Equivalent Coordinator hours in Public Works Department. Property Records & Taxpayer Services B. Approval of additional .20 Full Time Equivalent Office Specialist hours in Survey/Land Management. C. Approval of new 1.0 Full Time Equivalent Deputy Sheriff for the City of Hugo. D. Approval of resolution for application for Exempt Permit of Minnesota Lawful Gambling received from the St. Croix Preparatory Academy to conduct a raffle on the premises at 4260 Stagecoach Trail North, Stillwater, MN 55082, located in Baytown Township. E. Approval of resolution to appoint Mary Connolly, as the County Drivers License Agent and Deputy Registrar. Public Health & F. Approval to refer the draft Subsurface Sewage Treatment System ordinance Environment to the Planning Advisory Commission for further review and to conduct a public hearing at a Planning Advisory Commission meeting Public Works G. Approval to ratify change order 1 with Peterson Companies, Inc., for the County State Aid Highway 2 landscaping project; and adopt a resolution authorizing final payment in the amount of $10,331.20 to Peterson Companies, Inc. for the County State Aid Highway 2 landscaping project. Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Assistive listening devices are available for use in the County Board Room If yn,, „ ,«icr,mro lL,c M y rkr la.,p, c2pclitar„or res.ee _=n (551) nan_rppn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Summary of Proceedings Washington County Board of Commissioners January 13, 2015 Present were Commissioners Ted Bearth, District 2; Gary Kriesel, District 3; Karla Bigham, District 4; and Lisa Weik, District 5. Commissioner Fran Miron, District 1; absent. Board Chair Kriesel presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: - Commissioner Weik — reported she attended the Local League of Women Voters meeting held in Hastings and thanked the league for holding these meetings. The meeting was well attended and she noted the attendees' recognition of the impact absentee voting has had on county resources; - Commissioner Kriesel — reported he and Commissioner Weik were invited to participate on the Karen Housley show to talk about the legislative agenda; - Commissioner Bigham — reported she toured the jail and dispatch center and thanked staff for their time. She met with Pete Orput, County Attorney and his staff and looks forward to their future presentations in her district on important topics for the community. She attended the Grey Cloud Island Township Board meeting to re -introduce herself. Community Services Approval of the following actions: - 2015-2016 contract with Rule 36 Limited Partnership of Duluth III to fund services for intensive residential treatment services and residential crisis stabilization services for underinsured or uninsured at the Willow Haven facility in Lake Elmo; - 2015-2016 contract with Country Services, Inc., to provide case management services for persons with disabilities. County Attorney Peter Orput, County Attorney, was recognized for receiving the Johnson Distinguished Service Award at the annual Minnesota County Attorneys Association in December, 2014. General Administration Approval of the following actions: - December 23, 2014 Board meeting minutes; - Appointment of Donald Place, Woodbury, to the Community Development Block Grant Citizen's Advisory Committee serving District 5; - .Legislative update presented; - Board correspondence was received and placed on file. Library Approval of Resolution No. 2015-007 to accept donations made in 2014, of $30,000 from the RAFT Charitable Foundation c/o Dorsey & Whitney Trust Company and $1,000 from Lori A. Ames in memory of Dorothy Aldrich Ames. Public Health & Environment Approval of an agreement with Minnesota Department of Health to receive Federal Title V Maternal and Child Block Grant funding for provision of public health services to mothers and children in our community. Public Works Approval of the following actions: - Resolution No. 2015-006, Historic Courthouse office space lease amendments with Youth Service Bureau and Valley Tours, Inc.; - Cooperative landscaping maintenance agreement with the City of Stillwater; - Contract with WSB and Associates, Inc., for County State Aid Highway 15 turn lane project; - Contract with Short Elliot Hendrickson, Inc., for County State Aid Highway 4 Corridor Management and Safety Improvement Project; - Ratify Supplemental Agreement No. 1 for County State Aid Highway 10 paving project in the amount of $114,586.60 with Valley Paving, Inc.; - Acquire a portion of the Cysiewski property for a trail connections and inclusion in the Point Douglas Regional Trail; - Nik Costello, Public Works Assistant Traffic Engineer, named by the Institute of Transportation Engineers as the 2014 Young Transportation Professional of the Year. Sheriffs Office Approval to enter into a user agreement with the St. Paul Park Refinery Company for use of the Washington County Public Safety Radio Communications System. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62"d Street N., Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners January 6, 2015 Present were Commissioners Fran Miron, District 1; Ted Bearth, District 2; Gary Kriesel, District 3; Karla Bigham, District 4; and Lisa Weik, District 5. Absent none. Board Chair Kriesel presided. Board Chair and Vice Chair for 2015 Commissioner Gary Kriesel was elected Chair and Commissioner Ted Bearth was elected Vice Chair for 2015. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: - Commissioner Miron — reported that the Metropolitan Mosquito Control District has an organizational meeting scheduled for January 8, 2015, at 9:00 a.m. He presented Commissioner Kriesel with a roll of nickels and acknowledged the article in the Pioneer Press on the Kriesel brothers. He remarked on the dedication to service by the Kriesel brothers, both locally and nationally; - Commissioner Kriesel — expressed his appreciation to Commissioner Miron for his kind comments; - Commissioner Bigham — thanked the voters of District 4 along with her family and expressed her enthusiasm to be a part of the Washington County Board of Commissioners. Community Corrections Approval of the following actions: - Purchase of service agreement with Tubman in the amount of $159,685; - Purchase of service agreement with BI, Incorporated in the amount of $75,000; - Renew two contracts in the amount of $155,000 for Multi -Systemic Therapy; - Renew purchase of service agreements with Lakes Area Youth Service Bureau and Youth Service Bureau Inc.; - 2014-2015 Interim Comprehensive Plan for Community Corrections. General Administration Approval of the following actions: - Board workshop held to discuss Commissioner Committee assignments for 2015; - 2015 Board meetings set for the first four Tuesdays of each month (excluding any Tuesday which is a legal holiday) at 9:00 a.m.; - December 16, 2014 Board meeting minutes; - Resolution No. 2015-001, award of 2015 newspaper publication bids; - Memorial Day appropriation of $100 each, upon request, in 2015 for military service organization as set out in state statute; - 2015 citizen volunteer appointments/reappointments to advisory committees: District 2 — Mark Landis, Oakdale, Community Development Block Grant Advisory; Bill Hargis, Woodbury, Housing and Redevelopment Authority; Alyssa Bance, Oakdale, Library Board; Charles Burfeind, Oakdale, Parks and Open Space Commission; Robert Viking, Woodbury, Planning Advisory Commission; Rand McAlister, Oakdale, Mental Health Advisory; Shauna Holt, Oakdale, Historic Courthouse Advisory Committee; District 3 — George Thole, Stillwater, Historic Courthouse Advisory Committee; Jennifer Pelletier, Lake Elmo, Parks and Open Space Commission; District 4 — Michael Edman, Cottage Grove, Community Corrections Advisory; David Erickson, Newport, Historic Courthouse Advisory Committee; Shane Bauer, Denmark Township, Planning Advisory Commission; District 5 — Anthony Tedesco, Woodbury, Community Corrections; Dean Shepersky, Woodbury, Historic Courthouse Advisory Committee; Nicholas Brave, Woodbury, Mental Health Advisory; Andy Joyce, Woodbury, Parks and Open Space Commission; At Large — Francis Reinberger, Stillwater, Audit Committee; Harry Melander, Mahtomedi, Board of Adjustment and Appeals; Mark Doneaux, Stillwater, Board of Adjustment and Appeals; Dan Dolan, Woodbury, Minnesota Extension; Mary Thelen, Oakdale, Minnesota Extension; Daniel Malmgren, Marine on St. Croix, Personnel Board of Appeals; Jesse Kurtz, Stillwater, Veteran's Rest Camp; The County Board affirms the following committee appointments/reappointments — Anthony Carr, Stillwater, Community Corrections; Peter Orput, Stillwater, Community Corrections; Meghan Quinn, Stillwater, Community Corrections; Sheriff Bill Hutton, Stillwater, Community Corrections; Nathan Sosisnski, Stillwater, Community Corrections; Brian Krafthefer, Stillwater, Groundwater Advisory Committee; Daniel Belka, Woodbury, Groundwater Advisory Committee; Eldon Lamprecht, Oakdale, Groundwater Advisory Committee; Dale Setterholm, Marine on St. Croix, Groundwater Advisory Committee; Brian Bachmeier, Oakdale, Groundwater Advisory Committee; Steve Kernik, Woodbury, Groundwater Advisory Committee; Dennis Hanna, St. Paul Park, Groundwater Advisory Committee; Brian Johnson, Woodbury, Groundwater Advisory Committee. - 2015 Commissioner Committee Assignments; - Board correspondence was received and placed on file; - Board workshop to prepare for the upcoming meeting with Washington County Legislative delegation. Human Resources Approval of Memorandum of Agreement for a new assignment of Jail Corporal for the Correctional Officers Unit represented by Minnesota Public Employees Association. Library Approval of Resolution No. 2015-002 to transfer $6,000 from Jordan bequest to City of Marine. Oaths of Office Oaths of Office were administered to the following: Commissioner Ted Bearth, District 2; Commissioner Karla Bigham, District 4; William Hutton, Washington County Sheriff, and Peter Orput, County Attorney. Public Works Approval of Resolution No. 2015-003, Amendment No. 2, Right of Entry Agreement with 3M Company. Sheriff's Office Approval of the following actions: - Agreement with Minnesota Department of Public Safety, Division of Homeland Security and Emergency Management, to receive funding through the Department of Homeland Security, Urban Area Security Initiative Grant Program; - Resolution No. 2015-004, Mutual Aid/Joint Exercise of Powers Agreement between the City of Prescott, Wisconsin and the Washington County Sheriff's Office; - Resolution No. 2015-005, Mutual Aid/Joint Exercise of Powers Agreement between the Polk County, Wisconsin Sheriff's Office and the Washington County Sheriffs Office. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62"d Street N., Stillwater, Minnesota.