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Home My WebLink About2015-02-17 CC Packet REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North February 17, 2015 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES 1. Possible approval of minutes of February 3, 2015 regular and recessed meeting minutes V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS VI. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. VII. STAFF REPORTS 2. Police Chief 3. Fire Chief 4. City Clerk 5. Community Development Dir. 6. Public Works Dir. 7. Finance Director 8. City Attorney 9. City Administrator VIII. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 10. Resolution 2015-034, directing payment of bills 11. Resolution 2015-035, approval of the 2015 Ironman Race Special Event and Contract 12. Resolution 2015-036, a resolution For VistaTek Loan Forgiveness Certificate 13. Possible approval to purchase one computer for MIS department and one iPad for Administration 14. Resolution 2015-037, approval of the 2015 Farmers Market Special Event and Contract 15. Possible approval of CSO Vehicle- Police IX. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 16. This is the date and time for a public hearing to consider for improvements for work being done by the City of Oak Park Heights (Project 2014-03) X. UNFINISHED BUSINESS 17. Discussion of adding additional street to Oak Park Heights street project 18. Possible approval of Bridgeview Park Master Plan (Resolution- Roll Call) (Moved to March 3, 2015 Meeting) 19. Possible 2nd 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 (2nd reading of Ordinances – Roll Call) XI. NEW BUSINESS XII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XIII. COMMUNICATIONS/REQUESTS XIV. COUNCIL REQUEST ITEMS 20. Beyond the Yellow Ribbon update XV. STAFF REPORTS (CONTINUED) XVI. ADJOURNMENT TO EXECUTIVE SESSION TO DISCUSSION LABOR RELATIONS RESOLUTION 2015-034 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 $174,738.92 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 17th day of February, 2015. Ted Kozlowski, Mayor ATTEST: Nancy Manos, Acting City Clerk EXHIBIT "A" TO RESOLUTION #2015-034 LIST OF BILLS Ace Hardware Advanced Sportswear American Planning Association Animal Humane Society Aspen Mills Batteries Plus Bulbs BCA-CJTE BDI Gopher Bearing Becker Arena Products Bornt Rich Business Data Record Services BWBR Carquest Auto Parts CDW Government Inc. Century Link Century Power Equipment City of St. Paul Com cast Compass Minerals America Inc CoStar Realty Information Inc Cub Foods Dakota County Technical College Diamond Vogel Paints ECM Publishers Emergency Automotive Tech . Enterprise FM Trust Fastenal Company Fleishhaker Dave Flexible Pipe Tool Co . G & K Services Goodyear Commercial Tire Gopher State One Call Inc. Grafix Shoppe Harburn Enterprises Inc . Holiday Companies 1/0 Solutions Inc. J.H. Larson Company J.P. Cooke Co . Jimmys Johnnys Inc. John Lauber and Company Linner Electric Co. Little Fall s Machine Inc. Loffle r Com pa nies Inc . Manos Na ncy Menard s Supplies Uniforms Membership Animal impound charges Uniforms Flo recycle service Training course Equipment repair supplies Equipment repair supplies Reimburse for cabinet keys Destruction services Fire Hall Auto parts and supplies Computer supplies Phone . Euipment repair supplies Aerosol chemical weapon instructor course Internet & Voice Salt Property professional Cake Defensive driving for snow plow operators Paint Publications Outfitting of unmarked vehicles Lease police vehicles Equipment repair supplies Reimburse for work boots Equipment repair supplies Uniform & mats Tires Tickets Lettering on Ford Explorer Uniforms Car washes Nat firefighter selection inv form 3 Equipment repair supplies Dog License Toilet rental Historic property reuse study Repair wall pack Cylinder trk plow Telephony labor charge Reimburse for mileage Supplies 519.03 818 .00 270.00 442.00 377.80 144.00 315.00 210 .86 210.78 25 .70 76.56 8,016.02 7 .66 666.04 59 .68 367 .14 100.00 488 .00 3,050.72 330.23 23.98 800.00 275 .73 592 .00 9,689.92 1,818.45 21.29 101.25 448.65 982 .44 1,940.46 87 .40 704.00 630.02 130.00 155 .00 614 .91 57.50 230.00 7,823 .60 2,269.70 339 .46 77.50 55 .22 99.99 Page 1 EXHIBIT "A" TO RESOLUTION #2015-034 Page 2 Mid states Equipm e nt & Supply 20 heated hose 2,522 .15 Mid -States Organi zed Crime 2015 Membership 150.00 NAPA Auto Parts Auto parts and supplies 230.80 NEOPOST USA Inc. Postage machine maint agreement 1,387.19 O'Reilly Auto Parts Auto parts and supplies 6.99 Pioneer Manufacturing Co . Gameline aerosol blue 553.50 Primary Products Co. Nitrile gloves 99.57 R&R Specialties Inc. Equipment repair supplies 169.50 Rich Thad Refund of developer deposit 3,200.00 Riedel! Shoes Inc. Skates 264.87 Roof Tech Removed ice dam and resealed line 396.02 S& T Office Products Office supplies 524.52 Shanghai Stillwater LLC Refund of double pmt liquor lie 3,272.50 Sport Ngin Website 325.00 Springbrook Software Inc. Monthly UB web payments 415.85 Sprint PCS Cell phone 96.08 St. Paul Police Department PDI Street safe training 329 .00 Stillwater Motor Company Vehicle service 29.24 Stillwater Towing Towing 500.00 SW/WC Service Cooperatives Retiree & COBRA Health Insurance 53,983.43 Thomson Reuters Information Charges 108.11 Toll Gas and Welding Supply Cylinders 42.04 Tri-State Bobcat Equipment repair 361 .76 United Refrigeration Inc Reznor pilot assm 201 .52 Upper Midwest Community Training 15 .00 Valley Trophy Inc. Name plates 18.00 Verizon Wireless Police Mobile Broadband 458.28 Waste Management-Blaine Lowell Park restroom 427.26 Wulfing David Reimburse for K9 boarding 90 .00 Zayo Enterprise Networks Phone 831.52 LIBRARY Ace Hardware Supplies 20.03 Amdahl Locksmith Inc Chris Deadbolt repair 185.75 Baker and Taylor Materials 718.40 Brodart Co Materials 2,295.74 Culligan of Stillwater Water 10.96 G & K Services Towles & Rugs 165.08 Midwest Tape Materials 874 .89 Quill Corporation General supplies 82 .66 Recorded Books Inc Materials 60 .00 Revolution Screen Works Supplies 75.00 Se curity Res pon se Servi ce s In c Security monitoring 155.67 Stillwat e r Publi c Li b r ary Founda t ion Jan CC Gift Reimbursem e nt 50 .00 To shiba Bu sine ss So l uti o ns Maintenance Contract 42 .99 Wa shington Count y IT De pt. SmartNet Support 200 .00 EXHIBIT "A" TO RESO LUTION #2015 -034 W as h i ngton Co unty Library Xce l Energy CREDIT CARDS Library Amazon .com Cabelas Dream Host Starbucks Tom Ballas Amazon Larry Hansen Constant Contact iTunes Minnesotas Bookstore ADDENDUM Amdahl Locksmith Inc Chris Clark Dan Emergency Response Solutions Enterprise FM Trust Kellogg John Madden Galanter Han sen LLP Magnuson Law Firm S& T Office Products Trans Union Truck Utilities Xcel Energy Adopted by the City Council this 17th Day of February, 2015 Da tabases Ga s Library materials & supplies Pa r king ramp owl Tech support Staff recognition CPR defibrillator training unit Prepay acct i annotate for iPad 2014 Statutes Lo ck installation and parts Cleaning service Supplies Lease fire vehicles Reimburse for headlight for fire truck Labor relation services Professional Service Office supplies Info Charges Plow marker Energy TOTAL 996.41 5,899.00 290 .05 26.77 19.95 50 .00 217 .20 360 .00 5.35 255 .00 4 60 .8 0 1,057 .50 29 .58 654 .52 21 .30 1,242.90 11,995.83 1,413 .87 51.77 3 3.00 27 ,247.56 174,738.92 Page 3 Memorandum Date: January 28, 2015 To: Interim City Administrator Shawn Sanders From: Chief John Gannaway Subject: Replacement of CSO Vehicle The Police Department is requesting to replace the current CSO vehicle, a 2008 Tahoe, with a 2015 Dodge Ram 2500 Pick-up as a leased vehicle through Enterprise Fleet Management. We will be trading in the 2008 Tahoe and two (2) 2012 Dodge Chargers (scheduled to be rotated out of patrol vehicle fleet this year). With the credit given for approximate values of the trade-in vehicles, the five year lease for the new CSO vehicle will be $79.91, or a total of $4794.60. The 2008 Tahoe, the current CSO vehicle, has become very maintenance intensive, and currently has extensive electrical issues (factory, not after market). We are requesting the Dodge 2500 pick-up because of its storage and towing capability (for towing the Command Post). While we did not budget for this vehicle in the Adopted 2015 Budget, we are only purchasing two patrol vehicles (three were budgeted forL and can easily afford the lease cost with the savings. TO: FROM: DATE: SUBJECT: MEMORANDUM Mayor and City Council Shawn Sande$irector of Public Works February 13th, 2015 Stillwater Oak Park Heights Street Project Project 2014-03 DISCUSSION The public hearing for the Stillwater Oak Park Heights Street Project is scheduled for Tuesday February 17th at 7:00pm. Attached is a copy of the feasibility report, the public hearing notice sent to the affected property owners and a copy of the preliminary assessment roll. RECOMMENDATION It is recommended that Council hold the required public hearing. If desired, Council should pass a resolution ordering the improvement and approving the plans and specifications. It should be noted that the resolution to order the improvement requires a 4/5th s majority vote. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting RESOLUTION 2015-ORDERING IMPROVEMENT FOR THE STILLWATER OAK PARK HEIGHTS STREET PROJECT (PROJECT 2014-03). ORDERING IMPROVEMENT AND APPROVING PLANS AND SPECIFICATIONS FOR THE STILLWATER OAK PARK HEIGHTS STREET PROJECT (PROJECT 2014-03) WHEREAS, a resolution of the City Council adopted on February 3, 2015 fixed a date for a council hearing on the proposed Road Improvement project; and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 17th day of February 2015, at which time all persons desiring to be heard were given an opportunity to be heard thereon; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILL WATER, MINNESOTA: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 17th day ofFebruary 2015. 3. City of Oak Park Heights is hereby designated as the engineer for this improvement. They shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 17th day of February 2015. Ted Kozlowski , Mayor Attest: Diane F. Ward, City Clerk AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North February 17, 2015 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES 1. Possible approval of minutes of February 3, 2015 regular and recessed meeting minutes V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS VI. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. VII. STAFF REPORTS 2. Police Chief 3. Fire Chief 4. City Clerk 5. Community Development Dir. 6. Public Works Dir. 7. Finance Director 8. City Attorney 9. City Administrator VIII. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 10. Resolution 2015-034, directing payment of bills 11. Resolution 2015-035, approval of the 2015 Ironman Race Special Event and Contract 12. Resolution 2015-036, a resolution For VistaTek Loan Forgiveness Certificate 13. Possible approval to purchase one computer for MIS department and one Ipad for Administration 14. Resolution 2015-037, approval of the 2015 Farmers Market Special Event and Contract IX. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 15. This is the date and time for a public hearing to consider for improvements for work being done by the City of Oak Park Heights (Project 2014-03) X. UNFINISHED BUSINESS 16. Discussion of adding additional street to Oak Park Heights street project 17. Possible approval of Bridgeview Park Master Plan (Resolution- Roll Call) (available Tuesday) 18. Possible 2nd 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)- XI. NEW BUSINESS XII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XIII. COMMUNICATIONS/REQUESTS XIV. COUNCIL REQUEST ITEMS 19. Beyond the Yellow Ribbon update XV. STAFF REPORTS (CONTINUED) XVI. ADJOURNMENT TO EXECUTIVE SESSION TO DISCUSSION LABOR RELATIONS CITY COUNCIL MEETING MINUTES February 3, 2015 REGULAR 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: Interim City Administrator/Public Works Director Sanders City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Police Chief Gannaway Fire Chief Glaser City Clerk Ward OTHER BUSINESS Fire Station Update - Chief Glaser and John Huenink, Kraus-Anderson Fire Chief Glaser gave a presentation on the Fire Station progress. John Huenink, Kraus-Anderson, informed the Council that the budget has not changed. Fifty percent of the $130,000 contingency funding has been used. Gary Zifko, Kraus-Anderson project manager, stated that the project is about at the halfway mark and set for June completion. Fire Chief Glaser added that he is not sure when the Department will be able to move. Armory construction is a few months behind, so the transition may take several weeks. Councilmember Weidner suggested communicating with Armory representatives to ensure that completion of the Armory construction does not impede the Fire Station moving and operations. Community Development Director Turnblad stated that he has communicated with the representatives in the past and is monitoring the construction agreements. Discussion of 2015 Rate Schedule - Water Department Adam Nyberg, Water Board Member, explained the proposed rate structure. Water use is decreasing overall, but costs are increasing due to aging infrastructure. A study was done to review expenses and look at surrounding communities’ rates. The Water Board is proposing a flat rate charge of $16 per quarter for residential/commercial (no water included) with $1.80 winter/$1.95 summer per 1,000 gallons. City Council Meeting February 3, 2015 Page 2 of 10 Councilmember Weidner asked about impacts of the additional approximately $300,000 revenue on the Water Board’s budget and why the increase is needed. Mr. Nyberg replied that the Water Department is not able to balance the budget currently; it is eating up reserves. He offered to provide more detailed information for the Council. City Attorney Magnuson pointed out that legally, the Water Department may not charge any more than is reasonable to provide the service. Councilmember Polehna pointed out the average citizen may not understand the rate change so they should be educated about the change. Councilmember Menikheim pointed out that the level of service provided by the Water Department is high. Infrastructure is wearing out. Main breaks cannot be predicted and there has to be funding in place. A rate increase is needed. STAFF REPORTS Police Chief Gannaway reported that the Police Department is officially responding to all calls for service in the new annexation area. Fire Chief Glaser stated that last Friday the Fire Department responded to a vehicle fire and a sprinkler-controlled fire. City Clerk Ward informed the Council that Waste Management will start collecting trash from residents in the new annexation area in mid-March. She indicated to Council that a letter and packet of information including an up to date residents’ guide was prepared and distributed to the new residents of the annexed area. Public Works Director Sanders noted that on February 12 there will be a neighborhood meeting to discuss the 2015 street project. Also, Homeland Security Emergency Management will reimburse the City $53,000 for 2014 flood costs. RECESS The meeting went into recess at 5:14 p.m. RECESSED 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: Interim City Administrator/Public Works Director Sanders City Attorney Magnuson Finance Director Harrison Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad City Clerk Ward City Council Meeting February 3, 2015 Page 3 of 10 PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of January 12, 2015 special meeting minutes and January 20, 2015 regular and recessed meeting minutes. Motion by Councilmember Polehna, seconded by Councilmember Weidner, to approve the January 12, 2015 special meeting minutes and January 20, 2015 regular and recessed meeting minutes. All in favor. OATH OF OFFICE FOR NEWLY APPOINTED MEMBER OF COUNCIL City Clerk Ward gave the oath of office to newly appointed Councilmember Junker. Councilmember Junker stated he is excited to represent the citizens and the City of Stillwater. RECESS The meeting went into recess at 7:05 p.m. The meeting reconvened at 7:30 p.m. Present: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Absent: None Staff present: Interim City Administrator/Public Works Director Sanders City Attorney Magnuson Finance Director Harrison Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad City Clerk Ward PETITIONS, INDIVIDUALS DELEGATIONS & COMMENDATIONS There were no petitions, individuals, delegations or commendations. OPEN FORUM Jim Herbert, 630 North Main Street (Terra Springs) and board member at Mulberry Point Yacht Harbor, 639 North Main Street, expressed concern about the reduction in available parking area for members of the Mulberry Yacht Club, with the paving of the parking lots and discussion of making them pay lots. They would like some type of parking for the yacht club and are willing to pay a reasonable fee to park. Marty Nora, 625 5th Street North, board member at Mulberry Point Yacht Harbor, concurred with Mr. Herbert. City Council Meeting February 3, 2015 Page 4 of 10 CONSENT AGENDA Resolution 2015-024, directing payment of bills Possible approval to replace 1989 Water Tender – Fire Possible approval to purchase a RAD 57 CO Monitor – Fire Resolution 2015-025, resolution to modify the Tax Increment Financing Plan of Tax Increment District 11 Possible approval to purchase ATV – Police Department Resolution 2015-026, approving annexation development fees Resolution 2015-027, approving fire protection contract with the Town of May Resolution 2015-028, approving license to use real property - Washington County (Hazardous Waste Day) Resolution 2015-029, a resolution approving the abatement of certain special assessment Motion by Councilmember Weidner, seconded by Councilmember Junker, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None PUBLIC HEARINGS 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. Mayor Kozlowski opened the public hearing and noted that the developer is revising the submitted plat. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to table Case No. SUB/2014-39 to a future meeting. All in favor. UNFINISHED BUSINESS Possible approval of second reading of Ordinance 1072 entitled an ordinance amending City Code Section 51-2, relating to parking regulations (Commercial Parking Downtown). Community Development Director Turnblad explained that on January 20, 2015 the Council approved the first reading of Ordinance 1072, with the understanding that trailer parking would be allowed by resolution in Municipal Lot 12 (between The Lofts and the Zephyr Depot) and in Bridgeview Park until development of the park precludes parking. The final draft of the ordinance 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. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt Ordinance 1072, an ordinance amending City Code Section 51-2, relating to parking regulations and Resolution 2015-030, resolution designating spaces where trailers and their attached tow-vehicles are permitted to park downtown. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None City Council Meeting February 3, 2015 Page 5 of 10 NEW BUSINESS Update on the 2015 Log Jam Contract Community Development Director Turnblad reported that The Locals have met with City staff and have paid the remaining invoice balance for City services rendered during the 2014 Stillwater Log Jam. He explained the primary proposed contract changes for 2015 in the areas of: 1) Financial Assurances; 2) City Percent of Ticket Sales; 3) Sanitation; 4) “Umbrella” Events; 5) City Parking Lots; and 6) Schedule of Deadlines. Councilmember Polehna expressed his biggest concern is that The Locals meet designated timelines, and Mr. Turnblad replied that the schedule of deadlines is much more detailed this year than it was last year. Councilmember Junker suggested designating one point person responsible for enforcement o f the deadlines, and Mr. Turnblad replied that is included this contract. On a question by Councilmember Menikheim about why the amount of the deposit is not specified in the proposed contract, Mr. Turnblad responded that as written, the contract provides flexibility to set a deposit amount that works. City staff is now recommending $30,000, which would be more than enough if the event is similar to 2014. The Council may discuss the recommended amount further when staff brings the contract back. The contract includes a deadline of May 1 for submitting the deposit. Councilmember Menikheim stated he would like to see specific dates included for deadlines, rather than just the month. Community Development Director Turnblad replied that for some of the deadlines, a time window is needed because there are lots of moving parts. Councilmember Junker pointed out the contract states that the City prefers the event to be held in parks rather than parking lots, but that parking lots are still available. He hopes the intent is to utilize the parks as much as possible rather than the parking lots. Mr. Turnblad acknowledged both Council and Parking Commission concerns about use of parking lots for events. Log Jam is a large enough event that it likely cannot be contained in the parks, but staff will make it clear that the City prefers it would be in the parks. The final site plan is due in June. By then, it should be evident whether flooding impacted the parks. If the parks cannot handle all events then there are certain lots that could be used. Councilmember Menikheim added that there were problems with reporting to the City last year. He asked if The Locals could bring monthl y status reports to the Council, and Mr. Turnblad responded the contract requires a monthly status report be provided to the City Administrator. In addition, The Locals could give the Council a brief update. Brad Glynn, The Locals, noted they have been meeting with City staff to fine tune the contract. There are no deal-breaker issues. They feel after a year they have a good sense of how the event will go. Currently they are sending out registrations for the Log Jam Derby, setting up the fishing contest and lumberjack show. Councilmember Menikheim asked how many sponsors are lined up so far, and Mr. Glynn replied that there are several sponsors who have indicated willingness to participate again. Councilmember Menikheim commented that it is helpful to know there are sponsors lined up and cash reserves to make the event financially viable. He wished The Locals luck again. City Council Meeting February 3, 2015 Page 6 of 10 Mayor Kozlowski commented The Locals did a great job raising funds and making it a sustainable event. He thanked them for all their hard work. Councilmember Weidner addressed Councilmember Menikheim’s concerns about 2014. He feels the City had an event coordinator in place to do exactly what she did, to help shepherd a new group through the process. He trusts staff and does not want to get involved in the production of the event. He trusts the new City Administrator will inform the Council about progress of planning the event and looks forward to a smooth run this year. Community Development Director Turnblad stated he will bring back the contract for Council action in two weeks. 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 City Attorney Magnuson explained that 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 first and second reading this month, will ensure that the stream of franchise fees will continue without interruption. 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. 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 four 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. Interim City Administrator Sanders stated that a preliminary estimate of costs to underground utilities in the downtown area is $1.5 million. Xcel Energy is willing to work with the City to find funding options. Councilmember Weidner noted he would favor undergrounding the utilities. Motion by Councilmember Polehna, seconded by Councilmember Junker, to approve the first reading of Ordinance 1073, Electric Franchise Ordinance, and Ordinance 1073A, Implementing an Electric Service Franchise Fee, and Ordinance 1074, Gas Franchise Ordinance, and Ordinance 1074A, Implementing a Gas Service Franchise Fee. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Possible approval of annual dock permit for St. Croix Boat & Packet Company Community Development Director Turnblad explained that St Croix Boat & Packet Company keeps six excursion boats at the two docks associated with their SUP, two of which are regularly docked elsewhere. They also provide transient boat dockage for the general public. Staff recommends that the 2015 dock permit rate remain the same as in 2014 at $1,700 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 recommends approval of the 2015 dock permit. City Council Meeting February 3, 2015 Page 7 of 10 Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adopt Resolution 2015-031, approval of dock permit for St. Croix Boat & Packet and wharfage permit for gondola. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Possible approval of feasibility stud y for Stillwater Oak Park Heights Street Project Public Works Director Sanders reviewed the project wherein Oak Park Heights is proposing a street reconstruction project for the northeast comer of their community. Included in the project area are streets that border with the City of Stillwater: 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 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. The total estimated cost of the project is $347,520. According to the City Assessment Policy, reconstruction costs would be assessed 70% to the affected property owners on 62nd and Panama. 100% of the costs for Paris Avenue would be assessed to the Government Center. Washington County has approved this. The City’s portion of the costs would be approximately $64,000. The project would be constructed this spring, summer and fall, with the assessment hearing in October. Staff recommends approving the feasibility study and setting the public hearing for February 17. A letter received from the City of Oak Park Heights indicates they would also like to include Orleans (65th Street North). Councilmember Menikheim recognized that Public Works Director Sanders has negotiated with the school district and County to get them to approve their proposed assessments for the project. The City would have to find money to support doing 65th Street. Oak Park Heights has been persistent in trying to get the project done all at once. He asked if the Council should consider adding 65th Street as a neighborly gesture. Public Works Director Sanders explained that including 65th Street in the project would make assessment costs for the County, school district, and Panama Avenue residents about 20% higher. He has talked with these property owners. To go back and try to justify the increase would be uncomfortable. There are other future projects, for instance Osman Avenue, which could include 65th Street. Councilmember Weidner recused himself from discussion as the City of Oak Park Heights is a client of his firm. Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adopt Resolution 2015-032, resolution receiving report and calling hearing on Stillwater Oak Park Heights Street Project (Project 2014-03). Ayes: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Nays: None Abstain: Councilmember Weidner Possible approval of Parking Lot Rates Community Development Director Turnblad explained that currently, $5 is charged in Lot 1, $3 is charged in Lot 2, and Lots 3-11 are free for three or four hours (depending upon the lot). The revenue raised with these rates falls short of paying for all operational and capital costs associated City Council Meeting February 3, 2015 Page 8 of 10 with the downtown parking system. The Parking Commission undertook a system analysis and found that a $5 all day rate in Lots 1-11 would be sufficient to cover all costs, and possibly provide some funds to offset the parking ramp’s negative fund balances. The Parking Commission recommends instituting 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. Staff requests the Council approve the Parking Commission recommendation to convert Lots 1-11 to pay lots, but not set the rate yet, so that the Parking Commission can continue working with a consultant to find appropriate equipment and set the rates. Mayor Kozlowski asked about parking for boaters who own slips, and Community Development Director Turnblad replied that anyone who purchases a monthly resident parking pass would be allowed to park free for the day. Lots 10 and/or 11 would allow anyone who has purchased a downtown resident pass, which would include residents on boats and their guests if they buy an extra pass, to park overnight. Councilmember Junker recognized that the Parking Commission found that implementing the residential parking pass program is key. It will allow any resident to park all day at no cost. In his opinion, the $5 all day fee for those marked lots would be fair. To try to please everyone would is not always possible. Councilmember Weidner reminded the Council that not everyone who goes downtown lives in Stillwater - there are a lot from Oak Park Heights, Bayport and surrounding areas. It may be excessive to charge them $5 to park downtown for a short time, for instance lunch. He would like the rates to have some flexibility. Mr. Turnblad replied the Parking Commission will look at what that means system wide, and the equipment consultant will help the Commission think through those issues. Mayor Kozlowski agreed that he would like to see some flexibility in setting the rates. He does not like the notion of having to spend $5 to park to have lunch downtown. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to convert Lots 3 through 11 into pay parking lots, and requesting the Parking Commission to look at varied rates for the lots. Ayes: Councilmember Menikheim, Junker, Weidner and Polehna Nays: Mayor Kozlowski Designation of Council representatives for Board/Commissions/Committees The Council discussed assignments to boards and commissions. Councilmember Weidner suggested that the Council Representative to the Planning Commission should become a voting member of the Commission. Community Development Director Turnblad acknowledged that the Planning Commission has some authority that other commissions do not, for instance they approve some Special Use Permits. City Attorney Magnuson reminded the Council that to allow the Council representative to vote on the Planning Commission would require an amendment to the ordinance. City Council Meeting February 3, 2015 Page 9 of 10 Councilmember Weidner stated it would be good to get input from Planning Commission Chairman Kocon. Councilmember Menikheim questioned why the Councilmember should have a vote. He feels the Councilmember’s role is to explain to the Commission where the Council is coming from. To have a vote would change the dynamics of the vote and diminish the autonomy that the Commissioners have. Councilmember Weidner countered that it would allow the Council person to freely engage in the discussion without requesting permission from the Commission to participate. Councilmember Junker stated he served four years on the Planning Commission and he voiced a lot of opinions but had no voting authority. He felt his opinions were well recognized by members of the Commission. He viewed his role as liaison to bring insight to the Council on decisions of the Commission. Mayor Kozlowski pointed out this issue needs to come back to a later meeting for discussion and decision. City Clerk Ward pointed out that if the Council representative has a vote, then the Commissions will become even-numbered which could result in tie votes so adjustments would have to be done accordingly. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to approve Resolution 2015-033, designation of Council representatives for Boards/Commissions/Committees. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None COUNCIL REQUEST ITEMS Councilmember Weidner asked how the City might encourage former township residents wishing to develop, instead of developing five acres, to combine large lots for development purposes, and Interim City Administrator Sanders replied he has been looking at this issue in regard t o the transportation fee and will look at the other fees too (AUAR, trunk sewer and water fees). Councilmember Weidner asked if the Council can consider an improved residential parking ordinance that prohibits parking on front lawns in neighborhoods, and Community Development Director Turnblad responded staff can look at this matter. Councilmember Menikheim asked about the City’s relationship with the Boom Site, in regard to a “Friends of the Boom Site” meeting set for February 24 which he plans to attend, and Mr. Turnblad stated the Boom Site has never been in the City’s jurisdiction. There have been conversations over the last nine to ten years as MnDOT phased out some of its wayside rests, and discussion with various agencies to decide who would try to continue to maintain that as public open space. Currently there are discussions about possibly connecting the Boom Site to the Brown’s Creek Trail, but he is not sure where these discussions have gone. ADJOURNMENT Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adjourn the meeting at 8:53 p.m. All in favor. _________________________________ Ted Kozlowski, Mayor City Council Meeting February 3, 2015 Page 10 of 10 ATTEST: ___________________________________ Diane Ward, City Clerk Resolution 2015-024, directing payment of bills Resolution 2015-025, resolution to modify the Tax Increment Financing Plan of Tax Increment District 11 Resolution 2015-026, approving annexation development fees Resolution 2015-027, approving fire protection contract with the Town of May Resolution 2015-028, approving license to use real property Resolution 2015-029, a resolution approving the abatement of certain special assessment Resolution 2015-030, resolution designating spaces where trailers and their attached tow- vehicles are permitted to park downtown Resolution 2015-031, approval of dock permit for St. Croix Boat & Packet and wharfage permit for gondola Resolution 2015-032, resolution receiving report and calling hearing on Stillwater Oak Park Heights Street Project (Project 2014-03) Resolution 2015-033, Designation of Council representatives for Boards/Commissions/Committees Ordinance 1072, an ordinance amending City Code Section 51-2, relating to parking regulations EXHIBIT "A" TO RESOLUTION #2015-034 LIST OF BILLS Ace Hardware Advanced Sportswear American Planning Association Animal Humane Society Aspen Mills Batteries Plus Bulbs BCA-CJTE BDI Gopher Bearing Becker Arena Products Bornt Rich Business Data Record Services BWBR Carquest Auto Parts COW Government Inc. Century Link Century Power Equipment City of St . Paul Com cast Compass Minerals America Inc CoStar Realty Information Inc Cub Foods Dakota County Technical College Diamond Vogel Paints ECM Publishers . Emergency Automotive Tech. Enterprise FM Trust Fastenal Company Fleishhaker Dave Flexible Pipe Tool Co. G & K Services Goodyear Commercial Tire Gopher State One Call inc. Grafix Shoppe Harburn Enterprises Inc. Holiday Companies 1/0 Solutions Inc. Suppli es Uniforms Membe r ship Animal impound charges Uniforms Flo recycle service Training course Equipment repair supplies Equipment repair supplies Reimburse for cabinet keys Destruction services Fire Hall Auto parts and supplies Computer supplies Phone Euipment repair supplies Aerosol chemical weapon instructor course Internet & Voice Salt Property professional Cake Defensive driving for snow plow operators Paint Publications Outfitting of unmarked vehicles Lease police vehicles Equipment repair supplies Reimburse for work boots Equipment repair supplies Uniform & mats Tires Tickets Lettering on Ford Explorer Uniforms Car washes Nat firefighter selection inv form 3 519 .03 818 .00 270.00 442 .00 377 .80 144.00 315 .00 210 .86 210.78 25 .70 76 .56 8,016 .02 7 .66 666 .04 59 .68 367.14 100.00 488 .00 3,050 .72 330 .23 23 .98 800 .00 275 .73 592 .00 9,689 .92 1,818.45 21.29 101 .25 448 .65 982 .44 1,940 .46 87.40 704 .00 630 .02 130 .00 155.00 Page 1 EXHIBIT "A" TO RESOLUTION #2015-034 Page 2 J.H. Larson Company Equipment repair supplies 614.91 J.P . Cooke Co. Dog Li ce nse 57 .50 Jimmys Johnnys Inc. Toilet rental 230.00 John Lauber and Company Historic property reuse study 7,823.60 Linner Electric Co. Repair wall pack 2,269.70 Little Falls Machine Inc. Cylinder trk plow 339.46 Loffler Companies Inc . Telephony labor charge 77 .50 Manos Nancy Reimburse for mileage 55.22 Menards Supplies 99.99 Midstates Equipment & Supply 20 heated hose 2,522.15 Mid-States Organized Crime 2015 Membership 150.00 NAPA Auto Parts Auto parts and supplies 230 .80 NEOPOST USA Inc. Postage machine maint agreement 1,387.19 O'Reilly Auto Parts Auto parts and supplies 6.99 Pioneer Manufacturing Co. Gameline aerosol blue 553.50 Primary Products Co. Nitrile gloves 99 .57 R&R Specialties Inc . Equipm en t repair supplies 169 .50 Rich Thad Refund of developer deposit 3,200.00 Riedell Shoes Inc. Skates 264.87 Roof Tech Removed ice dam and resealed line 396.02 S& T Office Products Office supplies 524.52 Shanghai Stillwater LLC Refund of double pmt liquor lie 3,272 .50 Sport Ngin Website 325.00 Springbrook Software Inc. Monthly UB web payments 415 .85 Sprint PCS Cell phone 96.08 St . Paul Police Department PDI Street safe training 329 .00 Stillwater Motor Company Vehicle service 29.24 Stillwater Towing Towing 500 .00 SW /WC Service Cooperatives Retiree & COBRA Health Insurance 53 ,983.43 Thomson Reuters Information Charges 108 .11 Toll Gas and Welding Supply Cylinders 42.04 Tri-State Bobcat Equipment repair 361 .76 United Refrigeration Inc Reznor pilot assm 201 .52 Upper Midwest Community Training 15.00 Valley Trophy Inc. Name plates 18.00 Verizon Wireless Police Mobile Broadband 458.28 Waste Management -Blaine Lowell Park restroom 427.26 Wulfing David Reimburse for K9 boarding 90.00 Zayo Enterprise Networks Phone 831.52 EXHIBIT "A" TO RESOLUTION #2015-034 LIBRARY Ace Hardwa re Amdahl Locksmith Inc Chris Baker and Taylor Brodart Co Cull igan of Stillwater G & K Services Midwest Tape Quill Corporation Recorded Books Inc Revolution Screen Works Security Re sponse Services Inc Stillwater Public Library Foundation Toshiba Bu siness Solutions Washington County IT Dept . Washington County Library Xcel Energy Supplies Deadbolt repair Materials Materials Water Towles & Rugs Materials General supplies Materials Supplies Security monitoring Jan CC Gift Reimbursement Maintenance Contract SmartNet Support Database s Gas 20.03 185.75 718 .40 2,295 .74 10.96 165 .08 874 .89 82.66 60 .00 75.00 155.67 50.00 42 .99 200.00 996 .41 5,899 .00 Page 3 MEMORANDUM TO: Mayor & City Council FROM: Diane Ward, City Clerk SUBJECT: 2015 Ironman Special Event & Contract Attached for your review and approval is the 2015 Ironman Special Event & Contract. In previous years they were not required to enter into a contract with the City because City services were under $1,000. However, this year the cost for services will exceed the $1,000 threshold therefore the contract. There have not been any issues in the past relating to this event. RECOMMENDATION: Staff recommends that the Special Event and Contract be approved contingent upon contract review and approval by the City Attorney. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting a resolution entitled “Approving the 2015 Ironman Special Event & Contract” contingent upon review and approval by City Attorney. RESOLUTION 2015-035 APPROVING 2015 IRONMAN SPECIAL EVENT AND CONTRACT BE IT RESOLVED, by the City Council of Stillwater, State of Minnesota, that the 2015 Farmer's Market Special Event and Contract between the Stillwater Farmer's Market Association and the City of Stillwater is hereby approved contingent upon review and approval by the City Attorney. BE IT FURTHER RESOLVED, that the City Council authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council of Stillwater this 17th day of February, 2015. ___________________________________ Ted Kozlowski Mayor ___________________________________ Diane F. Ward, City Clerk 2015 MINNESOTA IRONMAN BIKE RIDE THIS AGREEMENT (the “Agreement”) is made this ________ day of February 2015 by and between the CITY OF STILLWATER, Washington County, Minnesota (the “City”), and the HOSTELLING INTERNATIONAL – USA, a Minnesota non-profit corporation (the “Organizer”). WHEREAS, in light of the foregoing, the Organizer wishes and the City will permit the Organizer to conduct a bike ride in the City on April 26, 2015 (collectively, the “Ride”) as part of the Minnesota Ironman Bike Ride in order to foster and promote tourism within the City of Stillwater and the St. Croix Valley and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City; NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements contained herein, the City and the Organizer agree as follows: 1. Authorization. The City will permit the Organizer to conduct the Ride in the City on April 26, 2015. 2. Ride Set-up. The City will permit the Organizer to set up for the Ride on April 25, 2015. 3. Course for the Ride. Participants will enter the City of Stillwater on Stonebridge Trail/Owens St and travel south to Myrtle St. They will then turn east on Myrtle St and go one block to Greeley St. Participants will then travel south on Greeley St to Churchill St where they will turn east and continue to 6th Ave S. They will turn south on 6th Ave S and go to Burlington St, then turn east and go two blocks to 4th Ave S. Participants will travel turn and go south on 4th Ave S which turns into Paris Ave and continue south Paris Ave out of City Limits. Substantial changes in the format and duration of the Races will not be made by the Organizer at any time without advanced notice to the City. 4. Police Power. The City reserves the right to shut down the Ride in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened, or the health or safety of participants is threatened because of weather, temperatures, or any unforeseen cause that threatens the public health or safety or if closure is directed by the Medical Doctor designated by the Ride in the Emergency Plan. If requested by the Chief of Police, the Organizer will assist the police in the clearing of the Area. 5. Traffic Control. The Organizer will convey a traffic control plan with the City’s Chief of Police. The Stillwater Police Department will provide traffic control along the route at designated intersections on the Ride to allow participants to pass through intersections. Prior to the Ride, the Organizer will place a designated bike lane along parts of Owens St, Greeley St and Churchill St as approved by the City’s Chief of Police. The Organizer will attempt to make personal contact with owners of vehicles that appear to be parked on the designated bike lane. This will be done in conjunction with the Stillwater Police Department. The Organizer make its best efforts to ensure that designed bike lane on the course, including all intersections on the course, poses the least disruption possible under the circumstances to residents who live on or within the Ride perimeter. The Organizer will also make every effort to minimize the involuntary towing of vehicles because of the Ride. Residences with homes on the course will receive a direct mailing from Organizer informing them of the Ride timelines and will be given a direct “hot line” number to reach on the day of the Ride. 6. Emergency Plan. The Organizer will prepare an emergency plan and will share it with the City, Police and Fire Departments at least 60 days prior to the Ride. 7. Signs. Signage displayed along the route at intersections, the number and content of which must be approved by the City Police Chief. 8. City Costs. Organizer will prepay the City for the estimated costs of the City Services estimated as determined by the City Administrator for city services and materials needed to safely conduct and maintain the Event or any supporting activities. The payment of estimated costs and costs incurred at the time of the billing shall be received by the Cit y no later than three (3) weeks prior to the event. Failure to make the payment will result in the cancellation of the Event. In the event of a cancellation of this Event after the deposit is made, the City will be entitled to deduct actual out of pocket costs incurred in preparation for the Event, before returning the balance to Organizer. 9. City Services. The type and amount of materials needed for the Event will be determined by the Public Works Superintendent. The Organizer shall be required to provide portable toilets to augment the existing facilities, barricades for street closure, and trash removal. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. a. Portable Toilets. The Organizer will provide portable toilets for participants and spectators along the route to use on April 26, 2015. Additional portable restrooms must be provided by the Event Organizer if deemed necessary to protect public health as determined by the Public Works Department. b. Trash Enclosures. Lessee shall furnish trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Ride or spectators along the route. Trash receptacles are available from the City at an additional cost. Lessee shall make certain that all trash is picked up during and after the Ride. Lessee shall remove any excessive garbage and disposed in an off-site trash dumpster. The City reserves the right to require additional receptacles should the Lessee not remove excess garbage from the Ride. 10. No Parking Signs. Organizer will be responsible for any overtime costs to place No Parking signs along the route of the event. 11. Traffic, Trash/Trash Receptacles & Portable Toilets Removal. All traffic signs, trash/trash receptacles, portable toilets must be removed by 8:00 pm, April 26, 2015. Any remaining after such time will be removed by City and all labor and storage fees will be paid for by the Organizer. 12. Public Information. The Organizer will make every reasonable effort to notify property owners and businesses that are on or within the perimeter of the Course of any restrictions that might be placed upon their movements during the Races, including, but not limited to, distributing notices to each such residence or business no later than two weeks before the race. 13. Other Agencies. Organizer is responsible for obtaining all agreements and permits with outside agencies. 14. Water Stops and First Aid Stations. Water and first aid stations will be established at the start, finishes, and throughout the race course. 15. Insurance, Hold Harmless, and Indemnity. The Organizer agrees to indemnify and hold harmless the City with regard to any claims, causes of action or demands that might be brought against the City arising out of the events authorized by this Agreement, except for those claims, causes of action or demands that arise out of the sole negligence, gross negligence and/or willful misconduct of the City or any of its agents or employees. Organizer also agrees to provide to the City evidence of insurance coverage of at least the statutory liability limits for municipalities covering claims that might be brought against the Organizer that arise out of the events authorized by this Agreement and to name the City as an additional insured on their policy “as their interest may appear.” Insurance Certificate must be received by the City no later than three (3) weeks before the Race. 16. Term. The term of this Agreement will be one year unless terminated earlier by the City on public safety grounds 17. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement IN WITNESS WHEREOF, the parties have set their hands effective the day and year first written above. HOSTELLING INTERNATIONAL - USA A Minnesota Nonprofit Corporation By Print Name: _____________ Its STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ____ day of __________, 2015, by _____________________, the __________, the duly authorized agent for HOSTELLING INTERNATIONAL - USA, a Minnesota nonprofit corporation. Notary Public CITY OF STILLWATER Ted Kozlowski, Its Mayor ATTEST: Diane F. Ward, Its City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ____ day of __________, 2015, by Ted Kozlowski, Mayor, and Diane F. Ward, Clerk, for the City of Stillwater. Notary Public RESOLUTION NO. 2015-036 A RESOLUTION FOR VISTATEK LOAN FORGIVENESS CERTIFICATE WHEREAS, on May 13th, 2013 the City and VistaTek signed a Loan Agreement providing financial incentives for VistaTek to move its manufacturing facility to a site in Stillwater that needed environmental cleanup, and; WHEREAS, the Loan Agreement also provided incentives to VistaTek to bring well paying manufacturing Jobs to Stillwater and to increase the number of jobs after relocation, and if the goals for job creation were met in a timely manner, portions of the Loan would be forgiven, and; WHEREAS, the first Employment Level Measuring date was January 31st, of 2015 and required a level of employment of 35 Full Time Equivalent Jobs, and VistaTek reached and exceeded the required number as noted on the report generated by VistaTek on January 29th, 2015 attached to this resolution as Exhibit A and certified to by VistaTek on the Certificate of Jobs attached as Exhibit B, and; WHEREAS, by the terms of the Loan Agreement and Note, interest was to be fixed for the term of the Note 3 days before the signing on the Note according to the Wall Street Journal Prime Rate, which on the 10th day of May, 2013 was 3.25%, and interest that has accrued on the Note as of January 31st, 2015 was $13,979.28, and the Scheduled Principal Forgiveness on January 31st, 2015 was $50,000; NOW THEREFORE BE IT RESOLVED, as follows: 1. That the total amount of Forgiveness due on January 31st, 2015 was $63,979.28. 2. That the Loan Forgiveness Certificate in that amount as set forth in the form Exhibit B be signed by the Mayor and attested to by the City Clerk and delivered to VisaTek. Enacted by the City Council of the City of Stillwater this 17th day of February, 2015 CITY OF STILLWATER ____________________________ Ted Kozlowski, Mayor ATTEST: ____________________________ Diane F. Ward, Clerk Dave Magnuson From: Sent: To: Cc: Subject: Bill, Danny Mishek <danny@vistatek.com> Thursday, January 29, 2015 3:16 PM 'Bill Turnblad' Dave Magnuson VistaTek Employee Count I Stillwater Letter I am proud to announce that VistaTek's employee count is 46 as of the 31st. Let me know I you need any· other information. Thank you! Count Employee 1 Anderson, Derek 2 Axelson, Allen Jr 3 Baines, Jeff 4 Berg, Leonard 5 Becker, Joshua 6 Biurstrom, Waynne 7 Byzewski, Brian 8 Chang, Ching 9 . Chang, Pang 10 Deis, Tyler 11 Eyafe, Happy 12 Flattum, Melissa 13 German, Gabe 14 German, Timothy 15 Glockzin, Deb 16 Gonzalez, Michelle 17 Her, Seng 18 Hundt, Nathan 19 Jenkins, Jerry 20 Joachim, Samuel 21 Karpenko, Dan 22 Kensy, Debbie 23 Kinsella, Michael 24 Leyde, Mark 25 Lor, Shiann Thao McConaughey, 26 Jesse 27 Meredith, Eric 28 Mishek, Allen 29 Mishek, Dan 30 Northwick,· Julia 31 Shaffer, Chad 32 Sutherland, Jennifer 33 Stenger, Ken 34 Thao, Sonny Kou 35 Thao,Lee Job Title 1st Shift Process Technician 2nd Shift Process Technician Operations Manager Mold Maker 1st Shift Machinist Process Technician 2nd Shift Injection Mold Operator 3rd shift production operator/assam bier 1st shift production operator/assembler 1st Shift Machinist Quality Engineer Inside Sales Support Tooling Engineer 2nd Shift Injection Mold Operator Customer Relations 2nd Shift Machinist 3rd shift production operator/assembler CNC Programmer Process Technician 2nd Shift Machinist Tool Maker Office Manager Shipping/Receiving Clerk Tool Maker 2nd shift production operator/assembler Technical Tooling Manager Maintenance Technician Account Manager Managing Director Administrative Coordinator Product Development Director Of Finance Maintenance Engineer 3nd shift production operator/assembler 2nd shift production operator/assembler 1 Exhibit A Page 1 of 2 36 Thao, Vang 1st Shift Operator/Material Handler 37 Timm, Paul Mold Maker 38 Timermanis, Trent Tooling Enaineer 39 Vang, Blong Machinist 40 Vang, Ger 3rd Shift Process Technician 41 Vang,Lao 1st shift production operator/assembler 42 Vang, Tua Janitor 43 Vang,Xue 3rd Shift Operator/Material Handler 44 Voss, Newell Inside Sales Support 45 Wickner, Bill 2nd shift tool maker 46 Yang, Vameng 1st shift production operator/assembler Best regards, Danny Mishek Managing Director 1 VistaTek 1 1850 Greeley St South, Stillwater, MN 55082 W: 651-653-0400 I M: 612-386-7752 www.VistaTek.com Visit my Linkedln profile 2 Exhibit A Page 2 of 2 SCHEDULE A CERTIFICATE OF JOBS This Certificate is made pursuant to the Loan Agreement and Loan Document dated JA~vA€'-/ , 3 0 7P , 20~ by and between the City of Stillwater, Minnesota, Lender and Vi~')( · 1 · , Borrower and relates to the Due Date of , 20_. All capitalized terms used herein are defined in the Loan Agreement and Note. The number of Full-Time Equivalent Jobs existing at Borrower at the Property as of January 31, 2014 is 28 and by January 31, 2015 is increased to at least 35. I certify that the information on this Certificate is true and correct as of the date set forth below. Borrower Date: 'LOAN FORGIVENESS Based on the above Certificate, the amount of principal and i11terest of the above-referenced Note that is forgiven is$_. _. ____ _ CITY OF STILLWATER, MINNESOTA By: _________ _ Title: ____________ _ Date: _________ . Exhibit B. STAFF REQUEST ITEM 1 Department: MIS 1 Date: 2/12/15 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of 1 computer (IT) Purchase of 1 iPad (Administration) FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Total cast will be $1 ,493 .09. Money was budgeted in 2015 for this purchase 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. I Submitted by: Rich Bornt I Date: 2/2/15 e Quote 1018840131750.1 CITY OF ST ILLWATER Salesperson Salesperson Name Zach Elbers Salesperson Email Zach_Eibers@Oell .com Salesperson Phone Salesperson Extension Price Summary Quote Details Quote Date 0 1/15/2015 Quote Val id ity 02/14/2015 Solution 10 Billing Details Company Name CITY OF STILLWATER Customer Number 10051782 Phone Number 1(65 1) 430 -8804 Address 2 16 4TH STtt STILLWATER Mtt 55082-4807 us Oesaiption Qua ntity Uni t Price Subtotal Price OptiP lex 9020 SFF BTX S902.86 S902 .86 Subtota l $9 02.86 'Taxabl e Amou nt $0.00 "Non-Taxable Amount $9 02.86 Tax $0.00 Sh ipping and Ha ndli ng $0.00 Envi ronme ntal Fee $0.00 Total $902.86 Hote: All tax quoted above is an esrimau ; final cax-es •vilf be Usted on the invoke. Page 1 0 20H Dell tnc. u.s. only. oetr tnc. ;s located ar one Dell WOf, MOll Stop8t29, Round Rock, 1X 78682. Quote Number:1BJ9YBZ Ordered By:Rich Bornt Quote date:February 11, 2015 Quote sent to:rbornt@ci.stillwater.mn.us Billed from:CDW Government Inc., 230 N. Milwaukee Ave, , Vernon Hills, IL - 60061 (800) 594-4239 Thank you for your online quote request. Prior to converting this quote to an order, please contact your account manager for configuration, pricing, and contract verification. Should you choose to convert this quote to an order without verification, you may be contacted by your account manager to confirm the details of your order. Shipping Address Shipping Method Billing Address City of Stillwater Attn To: Rich Bornt 216 N 4th St Stillwater, MN - 55082 Carrier UPS Ground (2 - 3 day) Attn To:City Of Stillwater 216 4th St N Stillwater, MN - 55082-4807 Quote Reference Quote Description*: 02-2015 - Tom Cost Center Code: Notes to Account Manager: Product CDW Part # Availability Qty Unit Price Extended Price Apple iPad Air 2 Wi-Fi - tablet - 64 GB - 9.7" 3519195 In Stock 1 $576.47 $576.47 ATTENTION NEW FEDERAL CUSTOMERS: If tax appears on your order, it will be deleted when the order is processed. No tax will be charged. Subtotal $576.47 Shipping $13.76 Sales Tax $42.05 Grand Total $632.28 800.808.4239 This page was printed on 2/11/2015 8:55:21 AM. Thank you, Rich, your quote has been submitted. Checkout: Quote Created https://www.cdwg.com/shop/checkout/review.aspx?Express=1&OK=D... 1 of 1 2/11/2015 8:55 AM RESOLUTION 2015-037 APPROVING 2015 SPECIAL EVENT AND CONTRACT FARMER'S MARKET BE IT RESOLVED, by the City Council of Stillwater, State of Minnesota, that the 2015 Farmer's Market Special Event and Contract between the Stillwater Farmer's Market Association and the City of Stillwater is hereby approved and authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council of Stillwater this 17th day of February, 2015. ___________________________________ Ted Kozlowski Mayor ___________________________________ Diane F. Ward, City Clerk STILLWATER FARMER’S MARKET 2015 AGREEMENT THIS AGREEMENT made this 17th day of April, 2015 between the CITY OF STILLWATER, Washington County, Minnesota (“City”) and STILLWATER FARMER’S MARKET ASSOCIATION, c/o Beverly Friendt, its President, 3503 Long Lake Road E, Pine Springs, MN 55115 (“Farmer’s Market”). 1. Location. The City of Stillwater has authorized the Farmer’s Market to use the parking lot located on the corner of Third and Pine Street (aka Riverview Parking Lot) for the purpose of conducting a farmer’s market where vendors will offer agricultural goods and related merchandise for sale to the public. Substantial changes in the layout/format/duration of the Event will not be made by the Organizer at any time without advanced notice to the City. 2. Dates and Hours of Event. Operations are limited as follows: a. Saturdays, June 1 through October 31 of the year 2015 b. Setup: 6:00 a.m. c. Event: 7:30 a.m. – 12:00 p.m. (Noon) 3. Insurance, Hold Harmless, and Indemnity. Organizer agrees to indemnify and hold harmless the City with regard to any claims, causes of action or demands that might be brought against the City arising out of the events authorized by this Agreement; and further, Organizer agrees to provide to the City evidence of insurance coverage of at least the amount of the maximum liability of the city as set forth from time to time in Minnesota Statutes Section §466.04, covering claims that might be brought against them that arise out of the events authorized by this Agreement and to name the City as an additional insured on their policy “as their interest may appear” by no later than three (3) weeks before the event. 4. Signs. Market signage must be approved by the Community Development Director including the size and location of signs and banners. 5. Parking Lots. Organizer is aware and will inform all vendors and event participants that staking into the asphalt, etc. is not allowed (any damage repair will be paid for by the organizer). 6. Portable Toilets. The City will provide a toilet for use of vendors and patrons throughout the period of their use. The portable toilet will be located in the upper parking lot on Fourth Street. The Farmer’s Market shall reimburse the City for one–third (1/3) of the seasonal costs of the toilet, which is due three (3) weeks before the June 1, 2015. Approved by the City of Stillwater under authority of the City of Stillwater. CITY OF STILLWATER Ted Kozlowski, Its Mayor ATTEST: Diane F. Ward, Its City Clerk STILLWATER FARMER’S MARKET ASSOCIATION By Beverly Friendt, Its President STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this ____ day of ____________, 2015, before me, a Notary Public within and for said County, appeared Ted Kozlowski and Diane F. Ward, to me personally known who, being duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a Minnesota municipal corporation. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _____ day of _________, 2015, by Beverly Friendt, the President and duly authorized agent for Stillwater Farmer’s Market Association. Notary Public EVENTS PERMIT APPLICATION R E c E I v E D 216 North 4th Street, Stillwater, MN 55 82 · TMif llllfttPLACi Of IIINNI.IG1A. Telephone: 651-430-8800 Fax: 651-430 8809 JAN 2 O 2015 Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. Date of Application: /: /S-/,!J' Event Information Title/Name of Event Event Date/Time: ~-~,:: ... // Set up: Date -.s,;'tZ-r.:;....-oo~C..::;.....~oo;L_'---.!.."'..::: ·-"::::....._ __ _ Actual Event: Date ------------- Cleanup: Date/~~-~ /"5 TVJJe: Time 6 '~ Time '7, "..5>1 Time :/.~# ta/~fft:' to/~:# to .4z?.' F-T' (Events after 10:00 p.m. require a variance from City Council Location {Address) of Event: ;tj' e,....f': I A/ 9 h /7 ,-~:2./2./llf'H':;,.. (If in Lowell Park please specify north or south Lowell park) CJ./l. <). ,. 1 ..e_ Description of Event (please be specific-this Information will be used to promote the event on the City of Stlllwater website! A-;e m e£ s~ /Jz /r£1{7" ,;ypt12 1~ :::2 ~ d~Jc:'~~5 Estimated Attendance (participants and spectators): Applical'\t Information (Person /Group Responsible) Phone Number: Email Address: Website Address: Name of contact person during event: Alternate contact during event: Refer media or citizens inquires to: Cell Phone : Cell Phone: Cell Phone: Phone: E --·:r: ~- .... ·- ' . .,. i/ t.-_-.. .. ---- . .. ' j' t ·<I) i ; I ' ' ; i :t-·\&,1 ~l&J ~ '(/) ' LIJ z .a: ~: ~ .··· ' . ?. TO: FROM: DATE: SUBJECT: MEMORANDUM Mayor and City Council Shawn Sander/frector of Public Works February 13th, 2015 Stillwater Oak Park Heights Street Project Project 2014-03 DISCUSSION The public hearing for the Stillwater Oak Park Heights Street Project is scheduled for Tuesday February 17th at 7:00pm. Attached is a copy of the feasibility report, the public hearing notice sent to the affected property owners and a copy of the preliminary assessment roll. RECOMMENDATION It is recommended that Council hold the required public hearing. If desired, Council should pass a resolution ordering the improvement. It should be noted that the resolution to order the improvement requires a 4/Sths majority vote. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting RESOLUTION 2015-ORDERING IMPROVEMENT FOR THE STILLWATER OAK PARK HEIGHTS STREET PROJECT (PROJECT 2014-03). ORDEIDNGIMPROVEMENTFORTHE STILLWATER OAK PARK HEIGHTS STREET PROJECT (PROJECT 2014-03) WHEREAS, a resolution ofthe City Council adopted on February 3, 2015 fixed a date for a council hearing on the proposed Road Improvement project; and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 17th day of February 2015, at which time all persons desiring to be heard were given an opportunity to be heard thereon; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILL WATER, MINNESOTA: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 17th day ofFebruary 2015. 3. City of Oak Park Heights is hereby designated as the engineer for this improvement. They shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 17th day of February 2015. Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk illw:ater ~ ~ THE BIRTHPLACE OF MINNESOTA ') NOTICE OF PUBLIC HEARING FOR STILLWATER OAK PARK HEIGHTS STREET PROJECT PROJECT 2014-03 February 4, 2015 Notice is hereby given that the City Council of Stillwater, Washington County, Minnesota, will meet in the Council Chambers of the Stillwater City Hall, 216 N 4th Street, Stillwater, MN 55082 at 7:00p.m. or as soon as possible thereafter, on Tuesday, February 17, 2015, to consider the street; and storm sewer improvements. The area proposed to be assessed for such improvement is properties abutting Paris Avenue (from 62"d Street South), Panama A venue (Orleans to 62"d Street), and 62nd Street (Panama Avenue to Paris Ave). The estimated cost of the improvements is $347,520.00. A reasonable estimate of the impact of the assessment will be available at the hearing. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Diane Ward City Clerk Published in Stillwater Gazette on February 6th and 13th, 2015 CITY HALL: 216 NORTH FOURTH STREET • STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 • WEBSITE: www.ci.stillwater.mn.us Q1illwate~ THE BIRTHPLACE OF MINNESOTA i) February41\ 2015 [TAXPAYER] [TAXPAYER ADDRESS] [TAXPAYER CITY, STATE ZIP] Subject: Public Hearing for Stillwater Oak Park Heights Street Project (Project 2014-03) Dear Property Owner: The City of Stillwater is proposing the Stillwater Oak Park Heights Street Project for 2015 This is joint project with the City of Oak Pru ·k Heights that reconstructs streets in areas where there is a common border between the City of Stillwater and the City of Oak Park Heights. Streets in the project area include: Panama Avenue from Orleans Street to 62"d Street 62"d Street from Panama Avenue to Paris Avenue Paris Avenue from 62"d Street to the South If approved, a portion of the project costs will be assessed to the property owners. The basis of the assessed costs will be frontage on the street of the improvement. The proposed assessment for your property described as Parcel No. [GEOCODE] is $[TOTAL AMOUNT]. The City Council accepted the feasibility study for the Project at the February 3rd City Council meeting. A copy of the feasibility report is enclosed. An official public hearing notice for the project is enclosed. The public hearing for this proposed project is your opportunity to voice your comments prior to the Council making a final decision on whether to proceed with this project You may participate in the hearing by attending and voicing your comments or by sending a letter to the Council prior to the meeting . The official public hearing for the project will be held in the Council Chambers on Tuesday, February 17 1\ 2015 at 7:00 pm. If you have any questions please give me a call at (651) 430-8835 or send an email to ssanders@ci.stillwater .mn. us. Sincerely, Shawn Sanders, Director of Public Works CITY HALL: 216 NORTH FOURTH STREET • STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 • WEBSITE: www.ci.stillwater.mn.us TO: FROM: DATE: RE: DISCUSSION MEMORANDUM Mayor and City Council Shawn Sanders, Director of Public Works January 27 1h, 2015 Feasibility Study for Stillwater Oak Park Heights Street Project Project No. 2014-03 Oak Park Heights is proposing a street reconstruction project for the northeast corner oftheir 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 A venue to Paris A venue. 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 A venue and Panama A venue 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 A venue 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 A venue 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 $259,181 Street Reconstruction City Cost $66,339 Storm Sewer -Assessed costs $8250 Storm Sewer-City Costs $8250 Storm Sewer Oak Park Heights $5500 Total Project costs $347,520 PROPOSED SCHEDULE 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 7:00PM. ACTION REQUIRED If Council concurs with the recommendation they should pass a motion adopting Resolution No. 20 15-__ , RESOLUTION RECEIVING REPORT AND CALLING HEARING ON STILLWATER OAKPARK HEIGHTS STREET PROJECT (PROJECT 2014-03). Stillwater/Oak Park Heights Street Project 2014-03 5 c "' U\\S\ ~ h -~ ~ ~!n ,,-·-~~· .. II II I Ht I II H I I ~ ~ I' 6429 ~~ 148&4 6440 I>< 6400 I II I I I I I r--N I ~------! 1----64ll-l SlREET NORTH ~-~~ ~ I I I l w I , ~~~-----r= ]i~ i ~· ji ~ D -II II I I 1!11 1 I l l ~t7-i! 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I j: - . o~:n ::i fJ ..-·· Bt-1§ \~ Legend I SOll-1 STREl NORTH ~ nll\) ~"' 'l .... ~SOTH r§NEBO!ml t ~ STATE HIGHWAY 36 II _j ·~ ' 0 ' I -" , I li J.Ld.. . 1 \ :1 '· . ... 20 /'/ COS_Mun_Boundary LJ 2014-03 Parcels ' 1 inch = 545 feet Document Path: T:\2014 PROJECTS\2014-03 stillwaler-OPH STreet Project\GIS\OPH_Drawing1.mxd ASSESSMENT PERIOD: 10YEARS 4.5% INTEREST RATE GEOCODE TAXPAYER NAME/COMPANY 3303020410017 SALEM EVANGELICAL LUTHERAN 3303020410019 IND SCH DIST #834 3303020410037 CANVAS HEALTH INC 3303020410038 CANVAS HEALTH INC 3403020330133 WASHINGTON COUNTY 3303020440030 WASHINGTON COUNTY I I 2013-03 I I PRELIMINARY ASSESSMENT ROLL STILLWATER/OAK PARK HEIGHTS STREET IMPROVEMENT PROJECT PROJECT 2014-03, Ll 406 Adj. Assess ADDRESS CITY Frontage Rate 14940 62ND ST N STILLWATER MN 55082 135 $ 91.00 1875 GREELEY ST S STILLWATER MN 55082 570 $ 91.00 7066 STILLWATER BLVD OAKDALE MN 55128 150 $ 91.00 7066 STILLWATER BLVD OAKDALE MN 55128 180 $ 91.00 14949 62ND ST N PO BOX 6 STLLLWATER MN 55082 943 $130.00 14950 62ND ST N PO BOX 6 STILLWATER MN 55082 466 $ 91.00 I l 1 of 1 Storm Total Street Cost Sewer Assessment PROPERTY ADDRESS $ 12.285.00 $ 12.285.00 14940 62NDSTN $ 51 ,870.00 $8 250.00 $ 60 ,120.00 6355 OSMANAVEN $ 13.650.00 $ 13.650.00 6450 PANAMA AVE $ 16.380.00 $ 16.380.00 375 ORLEANSSTE $ 122 ,590.00 $122.590.00 14949 62NDSTN $ 42.406.00 $ 42.406.00 14949 62NDSTN I I I I I I I I I 2/13/2015 1 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. 2 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 3 abandoned metal or 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 4 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. 5 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. 6 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. 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 betw een 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 Schedu le 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 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. 7 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, 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 ______________________________________ Ted Kozlowski, Mayor Attest: ________________________________ Diane F. Ward, City Clerk Date Published: Friday, February 20, 2015 1 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. 2 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. __________________________________ Ted Kozlowski, Mayor Attest: _____________________________________ Diane F. Ward, City Clerk SEAL 3 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 L a r g e C & I $ 1 2 5 . 0 0 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. 1 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 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 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. 2 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 3 inconsistent with the terms of this franchise agreement. Company may abandon underground gas facilities in place, provided, 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. 4 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. 5 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. 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 6 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. 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 7 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, 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 ______________________________________ Ted Kozlowski, Mayor Attest: ________________________________ Diane F. Ward, City Clerk Date Published: Friday, February 20, 2015 1 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. 2 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 __________________________________ Ted Kozlowski, Mayor Attest: _____________________________________ Diane F. Ward, City Clerk SEAL 3 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 R e s i d e n t i a l $ 1 . 0 0 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. 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 FriendsotwashingtonCounty@gmai/. 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.FriendsotwashingtonCountv.com or email FriendsotwashingtonCounty@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 1. 2. 3 . 4. 5. 6. 7. 8. 9. Washington ~:;County ,_,....-~ Board of Commissioners Fran Miron, District 1 Ted Bearth, District 2 Gary Kriesel , Chair, District 3 Karla Bigham, District 4 Lisa Weik , District 5 9:00 9:00 9:10 9:10 9:25 9:40 9:50 10:05 BOARDAGEN FEBRUARY 17, 2015-9:00A.M. Roll Call Pledge of Allegiance Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibilityor function ofWashingtonCountyGovemment, 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 th e County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and presentyour comments. Your comments must be addressedexclusivelyto the Board Chair and thejul!Board of Co mmissioners. 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 Consent Calendar-Roll Call Vote Public Works-Cory Slagle, Engineering and Construction Manager A. Approval of a Cooperative Agreement with the City of Woodbury for the County State Aid Highway 13 Construction Project B. Approval of Contract with Alliant Engineering, Inc. for Design Engineering Services for the Coun State Aid Highway 23 Corridor Management and Safety Improvement Project C. Approval of a Cooperative Agreement with the City ofHugo for the County State Aid Highways 7 & 8 Intersection Improvement Project Public Works-Don Theisen, Director A. Resolution-Award Bid for the Public Works F orcemainProject and Fiber Optics Alternate# 1 to EBI Drilling, Inc. B. Approval of a Budget Amendment to Capital Repair Fund 411in the amount of $126,700 C. Resolution-Declaring Intent to Reimburse Expenditures from the Proceeds of Tax Exempt Bonds to be issued by the County in 20 15 D. Resolution-Joint Powers Agreements with the Citiesof Oak Park Heights and Bayport -Wayne Sandberg, Deputy Director General Administration-Molly O'Rourke, County Administrator 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 ofinterestand information, or raise questions to the staff Thi:action is not intended to result in substantive board action du ring this time . Any action necessary because of discussion will be scheduled for a future board meeting. Board Correspondence Adjourn 10. 10:10-10:55 Workshop with Public Works-Don Theisen, Public Works Director Discuss Issues Related to the Public Works North Shop Project 11. 11:00-11:30 Workshop with Administration-Kevin Corbid, Deputy Administrator Update on Library Planning Process and Obtain Board Direction on Library Service Requests 12. 11:35-12:05 Workshop with Administration-Kevin Corbid, Deputy Administrator and Colin Kelly, Project Manager Overview of the Financial Strategy Area of Washington County's Strategic and Implementation Plan 13. 12:05 Break 14 . 12:30-1:00 Workshop with Administration-Molly O'Rourke, County Administrator Legislative Updates Assistive. listening device~ a~. available for use in . the County Board Room EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * FEBRUARY 17 ,2015 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration Human Resources Information Technology Property Records & Taxpayer Services Public Works A . Approval of January 20, 2015 County Board Meeting minutes . B. Approval to convert a Senior Taxpayer Services Technician vacanc y to a License Center Supervisor position. C. Approval to purchase an additional 3 years of Microsoft Select Plus Software Licensing. D. Approval of application for renewal of an Off Sale Intoxicating Liquor License for SSG Corporation located at 12370 Point Douglas Road, Denmark Township. E. Approval of application for renewal of an On Sale and Sunday Liquor License for Afton Alps Resort, located in Denmark Township. F. Approval of resolution for an application for Exempt Permit of Minnesota Lawful Gambling received from Dunrovin Christian Brothers Retreat Center to conduct a raffle on the premises at 15525 St. Croix Trail North, Marine, Minnesota 55047, located in May Township. G. Approval of the plat of Copper Leaf in Baytown Township . H. Approval of resolution authorizing signature of Amendment 3 to the St ate of Minnesota Lease No. 11627 with the Department of Employment and Economic Development at the Woodbury Service Center. I. Approval of resolution authorizing final payment in the amount of$26 ,569 .56 to Hardrives, Inc., for the County State Aid Highway 23 road construction project. J. Approval of resolution authorizing final payment in the amount of $29,535 .61 to McNamara Contracting, Inc., for the County State Aid Highway 21 and County Road 78 paving projects. Conse nt C alen dar items a re gene rally de fin ed as items of routine busines s, no t requiring discussion, and ap proved in on e vote. Commissio n ers may elec t to pull a C on se nt C alendar item(s) for dis c us sion and/or se parate action. 11 A ssistive_listening devi ce_s a~i fava ifable for use in_ the County ~,o:!,_~ Ro~ EQ UA L EMPLOYMENT OPPORTUNITY I AFFIRM ATIVE ACTION EMPLO YER Summary of Proceedings Washington County Board of Commissioners January 27, 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. Board Chair Kriesel presided. Commissioner Reports -Comments -Questions The Commissioners reported on the following items: -Commissioner Bigham attended the Counties Transit Improvement Board (CTIB) meeting and congratulated Commissioner Weik for her election as Vice Chair. The CTIB annual report would be presented to the Senate on February 2"d; attended meetings for the Metro Transportation Advisory Board and Housing and Redevelopment Authority Board; met with Representative Dan Schoen, Tom Adkins, Community Corrections Director, and John Kaul, on community corrections funding; was elected chair at the Red Rock Corridor Commission meeting and expressed her excitement; attended the Library Board meeting where the emphasis was on their strategic plan ; visited and re-introduced herself at the city council meetings for St. Paul Park and Cottage Grove; extended condolences to the family and the Park High School community, over the tragic death of David Frigaard Cottage Grove Park High School art teacher; -Commissioner Weik-reported Counties Transit Improvement Board also has an opening for Vice Chair of its Executive Committee, due to a retirement; attended the 3rd anniversary celebration of the Marine on St. Croix's community library, the library had over 20 programs last year including the efforts of local film makers . The East Metro Strong Governing Board met and welcomed a new member, Dave Meisinger, newly-elected Mayor of West St. Paul , and accepted a new grant awarded by the central corridor funders collaborative of $160,000 ; attended the Library Board meeting and mentioned it had received over $600.00, in a nine- month period, from book sales at the Environmental Center; -Commissioner Miron-commented on the Minnesota Mosquito Control District's (MMCD) earlier presentation and the impact of West Nile Virus on horses since Washington County is one of the largest equine areas in the nation. He noted as we do projects within Washington County, we need to develop regional plans and policies to reduce costs in the long-term for MMCD and county taxpayers ; -Commissioner Kriesel -mentioned it was Commissioner Miron 's birthday and extended birthday wishes and congratulations. Community Services Board workshop held to provide an overview of the changes in the Workforce Innovation and Opportunity Act. General Administration Approval ofthe following actions: -Stephen Manweiler, Director, Metropolitan Mosquito Control District (MMCD), presented updates on the services and plans for 2015; -Molly O'Rourke, County Administrator, introduced the new Director of Accounting and Finance Tabatha Hansen; -Board workshop held to provide an overview of Washington County's Strategic and Implementation Plan; -Legislative update presented; -Board correspondence was received and placed on file. Human Resources Approval ofthe following actions: -Additional .20 Full Time Equivalent Coordinator hours in Public Works Department; -Additional .20 Full Time Equivalent Office Specialist hours in Survey/Land Management; -New 1.0 Full Time Equivalent Deputy Sheriff for the City of Hugo. Property Records & Taxpayer Services Approval of the following actions: -Resolution No. 2015-011, application to conduct two raffles for the Academy gym, Baytown Township; -Resolution No. 2015-012, appointment of Mary Connolly as the Washington County Driver's License Agent and Deputy Registrar for the Offices Located in Forest Lake, Stillwater, and Woodbury. Public Health & Environment Approval ofthe following actions: -To refer the draft Subsurface Sewage Treatment System ordinance to the Planning Advisory Commission for further review and to conduct a public hearing at a Planning Advisory Commission meeting; -The receipt of a one-time $20,000 gift from Health Partners. Public Works Approval ofthe following actions: -Resolution No. 2015-013, authorize final payment for the County State Aid Highway 2 (Broadway Avenue) Landscaping Project; -Contract with Stonebrooke Engineering for engineering services to provide project coordination, preliminary and final trail design, environmental documentation, and completion of a pedestrian bridge feasibility study for the Point Douglas Regional Trail project; and a budget amendment in the amount of $780,000 in Metropolitan Council funding. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners January 20, 2015 I Present were Commissioners Fran Miron, District 1; Ted Bearth, District 2; Gary Kriesel, District 3; Karla Bigham, District 4; and Lisa Weik, District 5. Board Chair Kriesel presided. Commissioner Reports -Comments-Questions The Commissioners reported on the following items: -Commissioner Weik-reported last week Representative Kelly Fenton attended a tour of the Gateway Corridor. She thanked Matt Kramer, St. Paul Area Chamber of Commerce, for his time in participating in the tour. She attended the Mental Health Advisory Council meeting and asked for input from the board on agenda topics for 2015 meetings. She attended the East Metro Legislative breakfast and heard a review of legislative agendas for several entities in the east metro. She thanked Senator Susan Kent for attending the event. She noted at the Executive Committee meeting for Counties Transit Improvement Board it was determined that executive committee members would tour the Bottineau light rail line; she was asked about her interest in an appointment to the Southwest Light Rail Transit Executive Change Control Board and indicated she did have interest in the appointment; -Commissioner Bigham-reported she attended the Association of Minnesota Counties (AM C) meeting last week; -Commissioner Bearth -reported he attended the Metropolitan Emergency Services Board meeting where they discussed the capital improvement program; the annual meeting of the Minnesota Inter-County Association would be held on January 21, 2015; -Commissioner Miron -reported his absence last week was due to his attendance as a delegate at the American Farm Bureau Annual meeting in San Diego, California, and reported the bureau was taking a stand on the issue of unfunded mandates and the classification of horses as pets; he rode the Bay Area Rapid Transit in the San Francisco area; he planned to attend the Northeast Water Summit meeting in Hugo next week and suggested it be added to his committee assignments; -Commissioner Kriesel -reported he attended the Metropolitan Library Service Agency meeting and they continue to search for a regional director. Community Services Approval of the 2015 contract for adult mental health services, children's mental health services, family services, and after-hours services. General Administration Approval of the following actions: -January 6, 2015 Board meeting minutes; -Appointment of James Wojcik, to the Community Corrections Advisory Board Grant Citizen's Advisory Board; -Appointment of Richard Glasgow, Lakeland, to the Veteran's Rest Camp Association, Inc.; -Reappointment of Pamela Skinner, Oakdale, to the Ramsey-Washington Metro Watershed District; -Appointment of John Banick, Oakdale, to the Community Corrections Adv isory Board to fill the remainder of a Commissioner 2 position; -Appointment of Tony Jurgens, Cottage Grove, as a District 4 Representative to the Library Board; -Appointment of James Widen, Woodbury, to the Housing and Redevelopment Authority Board of Commissioners as a District 5 Representative; -Legislative agenda priority item related to the Department of Natural Resources settlement of a lawsuit related to water levels in White Bear Lake; -Adoption of the revisions to Policy #1032, Fee Schedule, to establish the 2015 fee schedules ; -Legislative update presented; -Board correspondence was received and placed on file. Human Resources Approval to authorize the Human Resources Director to electronically submit the 2015 Pay Equity Report to the Minnesota Department of Management and Budget and check electronic signature box stating the submission is authorized by the County Board Chair. Public Health & Environment Approval ofthe following actions: -Agreement with the University of Minnesota Extension Service for 4-H programs and staffing; -Board workshop held to discuss the proposed revisions of the County's Subsurface Sewage Treatment Ordinance. Public Works Approval ofthe following actions: -Resolution No. 2015-009, authorize final payment for the County State Aid Highway 21 Bridge Project; -Resolution No. 2015-010, approval of the Record of Decision Findings of Fact, and Conclusions, and Negative Declaration on the Need for an Environmental Impact Statement for the Washington County State Aid Highway 17 Reconstruction Project; -Board workshop held to review the final design for the Public Works North Shop improvement project; -Board workshop held to review the Counties Transit Improvement Board draft 2015 legislative platform. Sheriff's Office Approval for permanent use of fund balance in Sheriffs Office funds 117, 118 , 119, 126 , and 127 for 2014 year end. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota.