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2015-07-07 CC Packet
i 1 1 a t e r 1NE OIRTNFLACE OF MIMNESOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North July 7, 2015 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. CycleHealth 2. Discussion on Commercial Recreation Use of City Parks IV. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Development Dir. 7. Public Works Dir. 8. Finance Director 9. City Attorney 10. City Administrator 7:00 P.M. AGENDA V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. APPROVAL OF MINUTES 11. Possible approval of June 16, 2015 regular meeting minutes and executive session minutes IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 12. Youth Service Bureau — Mary Planten-Krell, Executive Director X. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. XI. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 13. Resolution 2015-121, directing payment of bills 14. Resolution 2015-122, approval of non-exclusive wharfage permit between the City of Stillwater and John Henley, St. Croix Sailing Club 15. Resolution 2015-123, approving Amendment to Small Brewer Off -Sale Sunday Liquor License to Maple Island Brewing LLC 16. Resolution 2015-124, approving Nationwide Retirement Solutions (NRS) 457(b) Plan Loan Program amendments for City of Stillwater Plan Participants 17. Possible approval of LMCIT Liability Coverage — Waiver form 18. Possible approval to purchase 3 scanners — MIS 19. Resolution 2015-125, approval of EMS Education Agreement with Regions Hospital Emergency Medical Services 20. Resolution 2015-126, resolution accepting MHS Heritage Partnership Program Grant Agreement for Heritage Preservation Commission Training Program 21. Possible approval of quote for Irrigation System 22. Possible approval to repair play structures at Teddy Bear Park 23. Possible approval to purchase cleaning equpment — Recreation Center 24. Resolution 2015-127, resolution approving Interpretive Trail Agreement with Terra Springs Master Association 25. Resolution 2015-128, resolution accepting cash donations 26. Resolution 2015-129, approving the 2015-2016 grant agreement for Municipal Recycling Grant Distribution with Washington County XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 27. Case No. 2015-13. This is the date and time for a public hearing to consider a request from the City of Stillwater for amendment to City Code Section 31-209, Design Permit, and Section 31-509, Sign Regulations, removing design review requirements for signage in the West Stillwater Business Park District (tabled from June 16, 2015 meeting) (Ordinance — lst reading — Roll Call) 28. Case No. 2015-14. This is the date and time for a public hearing to consider a request from the City of Stillwater for amendment to the city of Stillwater 2008 Comprehensive Plan specifically to the City's Park Plan and the Transportation Plan to incorporate a Master Trails Plan into the 2008 Comprehensive Plan as required by the release of a Metropolitan Council System. (This will be tabled until September 1, 2015) XIII. UNFINISHED BUSINESS 29. Discussion of the sale of margaritas during Log Jam Days XIV. NEW BUSINESS 30. Possible approval of Stillwater Log Run event — September 19, 2015 31. Possible approval of Fall Fine Art & Music Festival event and contract (Resolution — Roll Call) 32. Approval of plans and specifications and authorization for bids 2015 street improvement project (Resolution — Roll Call) 33. Possible approval of No Parking on west side of Martha (Resolution - Roll Call) XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVI. COMMUNICATIONS/REQUESTS XVII. COUNCIL REQUEST ITEMS XVIII. STAFF REPORTS (CONTINUED) XIX. ADJOURNMENT Youth Service Bureau, Inc Services Provided - Stillwater 2013 2014 REFERRAL TYPE: Referrals % Referrals % Wash Cty Corrections 72 20.1 % 138 27.9% Wash Cty Social Services 1 0.3% 4 0.8% Wisconsin Municipal Courts 1 0.3% 2 0.4% Police Departments Bayport PD 0 0.0% 1 0.2% Eau Claire PD 0 0.0% 0 0.0% Maplewood PD 1 0.3% 0 0.0% Oak Park Heights PD 0 0.0% 0 0.0% Stillwater PD 30 8.4% 18 3.6% Washington Cty Sheriff 4 1.1% 2 0.4% Woodbury PD 5 1.4% 15 3.0% Parent/Family/Guardian 17 4.7% 41 8.3% Youth Self -Referred 57 15.9% 98 19.8% School Staff 146 40.8% 145 29.3% Medical/Human Service Organization 24 6.7% 31 6.3% TOTAL 358 495 SERVICES PROVIDED # Services Cost # Services Cost Awareness Classes Bullying Awareness 2 $0 1 $138 Chemical Awareness 20 $2,750 28 $3,850 Fire Awareness 0 $0 0 $0 Peaceful Alternatives to Conflict 4 $660 25 $4,125 Tobacco Awareness 4 $210 6 $495 Theft Awareness 25 $3,438 32 $4,400 General Assessment 62 $10,230 82 $13,530 Community Work Service 48 $3,960 77 $6,353 Restorative Justice 5 $1,650 3 $990 Teen Intervene 3 $1,650 13 $7,150 Counseling 45 $6,075 298 $40,230 Chemical Health Support 129 $51,600 268 $107,200 YCAPP (Suspension Alternative) 69 $20,700 0 $0 START (Anger Mangement) N/A N/A Girl Talk N/A N/A Camp (Scholarships) 7 $385 0 $0 TOTAL 423 $103,308 833 $188,460 7/7/15 Note: Data set is all youth under the purview of the jurisdiction, including residents, those attending school within the jurisdiction's boundaries and those cited within the jurisdiction. N/A refers to services not currently available in this jurisdiction. 7/7/15 RESOLUTION 2015-121 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 $274,684.57 are hereby approved for payment, and that checks be issued for the payment thereof The complete list of bills (Exhibit "A") is on file in the office of the City Clerk and may be inspected upon request. Adopted by the Council this 7th day of July, 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT "A" TO RESOLUTION #2015-121 Date 1 LIST OF BILLS Ace Hardware Supplies 55.03 Action Rental Inc. Concrete & equipment rentals 1,607.00 AIR Corval Constructors Equipment repair charges 1,426.55 Antonsen Bob & Mel Park Fee Refund 150.00 Aramark Uniform polos with logo 504.13 Arrow Hockey and Sport Skates 334.25 Aspen Mills Uniforms & Badges 2,295.67 Astleford International Oil filter 41.58 AutoNation Vehicle repair 480.90 Batteries Plus Bulbs Batteries 156.24 Best Buy Business Advantage TVs and brackets for new fire hall 2,324.00 Board of Water June 2015 WAC 1,287.00 Boyer Trucks Dash panel 201.54 Brock White Co. LLC Pleximelt 1,870.00 Carquest Auto Parts Equipment repair supplies 388.98 Century Link Phone 122.28 Century Power Equipment Regulator 57.59 City of Maplewood Class B live fire & EMTF training site manager 850.00 Cole Papers Supplies 555.30 Comcast TV Internet & Voice 658.96 Creative Services of New England K9 stickers 225.95 Delta Dental Plan of Minnesota AP COBRA 210.50 Dreamseat Chairs for fire hall 10,120.80 ECM Publishers Publications 226.10 Fastenal Company Supplies 35.69 FleetPride Equipment repair supplies 149.80 Foremost Promotions Tattoos - nite to unite 159.78 Frontier Ag & Turf Bolts, Filter, and belts 222.91 Fury Dodge Chrysler Vehicle service 36.57 Galls LLC Uniforms 169.96 Gateway Cycle Bicycle tune ups and helmet 349.95 Gertens Wholesale Flowers 2,045.30 Gimmees.com Nite to unite 702.27 Goodyear Commercial Tire Tires 466.00 Haussner Plumbing LLC Drinking fountain & bottle filler install 3,555.00 Holiday Companies Car washes 5.00 Holiday Credit Office Fuel 25.99 Ice Skating Institute Memberships 1,508.00 Iceman Industries Inc. Ice melt 3,710.00 Innovative Office Solutions LLC Office supplies 195.32 J.H. Larson Company Fluorescent lamp 30.37 J.P. Cooke Co. Dog license tags 60.50 Jiffy Lube Vehicle service 74.88 John Deere Landscapes Park facility supplies 49.18 L.T.G.Power Pole saw repair supplies 26.40 EXHIBIT "A" TO RESOLUTION #2015-121 Date 2 Lennar of Minnesota M.J. Raleigh Truck Co. Magnuson David Mansfield Oil Company Marshall Electric Company McCarty John Thomas Menards Met Council Minnesota Wanner Co. MN BCA MN Dept of Labor & Industry MN Dept of Transportation MN DNR - OMB MN Pollution Control Agency MTI Distributing Municipal Emergency Services NAPA Auto Parts Newman Signs North American Safety Nuss Truck & Equipment Oakes Thomas Office Depot Papco Inc. Pereboom Jesse Plunketts Pest Control Polehna Michael Port Supply Public Agency Training Council R&R Specialties Inc. RDO EQUIPMENT CO. Regency Office Products LLC Riedell Shoes Inc. River Valley Printing Inc. Roberts Company Inc. Safe Fast Inc Siegfried Constuction Sir Lines -A -Lot St. Croix Boat and Packet Co. St. Croix Recreation STAR Stillwater Collision Stillwater Motor Company Sykes Kyle A T.A. Schifsky and Sons Themed Concepts Thul Specialty Contracting Tri-State Bobcat Grading escrow refund Black dirt Professional services Fuel Install new panels & boxes in ballards Reimburse for conference expenses Supplies June 2015 SAC Equipment repair supplies Training 2015 2nd qtr bldg surcharge Traffic signal maintenance Public waters work ind permit - dock platform Wastewater certification Ball bearing Tele-Pro fluid Auto parts and supplies Sheeting Safety equipment Equipment repair supplies Park Fee Refund Ink Chemical injector valve Reimburse for expenses Inspected and treated for ants Reimburse for conference expenses Oil Seminar - Recruiting & Hiring for Law Enforcement Equipment repair supplies Equipment repair supplies Office supplies Skates Inswpection worksheets Badges Supplies Move picnic shelter to Millbrook Park Crosswalk markings April & May ramp cleaning Bottle filler drinking fountain Ice making and painting training program Vehicle repairs Vehicle repair Reimburse for helmet & running shoes Asphalt Materials for Teddy Bear Park Washington Ave storm sewer repairs Supplies 4,500.00 48.00 7,558.33 5,780.47 26,950.00 32.02 2,274.08 2,460.15 102.46 435.00 4,206.00 56.37 150.00 23.00 44.84 234.00 84.02 616.50 786.00 95.40 50.00 224.68 65.42 10.37 160.00 232.62 103.19 295.00 166.85 17.46 75.86 184.08 348.00 16.40 348.66 6,000.00 2,970.00 1,560.00 4,256.00 1,415.00 2,373.70 952.88 155.94 10,318.39 5,750.00 74,450.00 56.47 EXHIBIT "A" TO RESOLUTION #2015-121 Date 3 Tri-State Pump and Controls Inc. USAble Life Veterans Memorial Water Works Irrigation LLC Weiss Sherri Winnick Supply Wulfing David LIBRARY Baker and Taylor Blackstone Audio Blocher Carolyn Brodart Co Cartridge World Hudson Demco Inc. Grainger Henry Marvin Menards Midwest Tape Minitex MN Dept of Labor and Industry Office of MN IT Services Petrie Angela Quill Corporation Toshiba Business Solutions Uline Inc Washington County Library Water Works Irrigation LLC Xcel Energy JUNE MANUALS GFOA ADDENDUM Battery I 1st US Art Clark Dan Gribble John US Postal Service Verizon Wireless Xcel Energy Lift station repairs Term Life Insurance 90% Super Valu Bathrooms at Lowell Park Learn to Skate Refund Equipment repair supplies Reimburse for expenses Materials - Juv Materials - Audio (Friends) Mileage/Parking Materials - Adult Fic Supplies Processing Supplies Building Repair Supplies Mileage Janitorial Supplies Materials - Audio Continuing Education Elevator Contract Telephone Reward Books Reimbursement (SPLF - JSRP) June Office Supply Order Maintenance Contract Janitorial Supplies Cybrarian License Irrigation Contract Gas CAFR Review Cannons for 4th of July Custodial service Buoys for 4th of July Postage for mail machine Wireless Service Energy 11,342.64 436.80 4,347.00 365.15 70.40 778.24 375.88 592.90 63.20 67.30 2,877.67 97.98 95.83 214.50 25.30 44.19 255.53 25.00 200.00 341.88 151.98 48.96 224.92 106.27 360.00 188.90 3,889.34 435.00 2,050.00 1,897.50 420.00 4,000.00 1,357.49 28,213.99 TOTAL 274,684.57 EXHIBIT "A" TO RESOLUTION #2015-121 Date 4 Adopted by the City Council this 7th Day of July, 2015 MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE GRAND GARAGE 324 MAIN STREET SOUTH • SUITE #260 • STILLWATER, MN 55082-5165 TELEPHONE: (651) 439-9464 • FACSIMILE: (651) 439-5641 W W W. MAGNusONLAWFIRM.COM DAVID T. MAGNUSON DTMAGNU SON@MAGNUSONLAW FIRM.COM MEMORANDUM - TO: Mayor, and City Council FROM: David T. Magnuson DATE: July 7, 2015 RE: Terra Springs Trail Agreement AMANDA K. DREW AKDREw@mAGNusoNLAwFarsd.com MAGNUSONLAWFIRIvI.COM As part of the project approval for Terra Springs, the City required a deposit of $125,000 from the Developers to insure that money was set aside for capital improvements to the Public Access Areas that were installed for public access to the historical features of the site. The money remains in a fund held by the City that is now in the amount of $149,508.27. For the last several years, the Master Association representatives and the City staff have discussed the management of the fund, how funds could now be accessed for capital projects, and finally, how the balance of the fund would be managed. The attached agreement represents the best efforts of the parties involved. It provides that $50,000 would be released to the Master Association for the improvement of the reflecting pool, $25,000 would be released to the Building One Association for repairs of the entrance to the interpretive trail at Main Street, and paying for a survey to locate the existing trail. An estimate of survey costs is attached to this memo. Staff recommends that the Agreement be approved and that the survey work described in the estimate be authorized. Respectfully Submitted, David T. Ma son Stillwater Cit ttorney DTM/jp Dav nuson From: stackland@comcast.net Sent: Monday, July 06, 2015 4:08 PM To: Dave Magnuson Subject: Old Prison Site 8' Walkway - Survey and Mapping work: Dear Mr. Magnuson, Pursuant to you request and in concert with our discussions to date, please be advised of the following: 1. I understand that I am to survey and map the existing 8'+- wide paver perimeter walkway closest to the old prison walls around the outside perimeter of the new structures located on the old Territorial Prison Site. The final product for this survey will be a Certificate of Survey Map showing the relationship of the Proposed 8' Walkway Easement to the common areas of the development and terminating at th westerly line of Main Street. I understand that this mapping will be attached to or used as a recordable Exhibit to be used to legally define and limit the blanket interests that the City of Stillwater currently holds. Look over this approach and see if it will fill the bill for what the City needs and also that it will be OK with the Homeowners Association to accomplish the desired releases. 2. As we discussed, this approach will be the most cost effective method to accomplish the desired releases. If a metes and bounds description were to be utilized to describe the 8 foot wide easement, it would be extremely lengthy and we would still need the mapping to follow out the many myriad courses of the description. Re -platting or utilizing a right-of-way plat approach would be even more costly. 3. I estimate the costs the to do the needed survey work and mapping services to fall in the range of $3750.00 to $4250.00. In the event of unforeseen problems, I will not exceed this estimate without clearing it with you first. Any additional other required survey work would be billed at applicable hourly rates. Respectfully Submitted, Barrett M. Stack, Land Surveyor 1 INTERPRETIVE TRAIL AGREEMENT This Public Interpretive Trail Agreement (the "Agreement") is made this 10th day of June , 2015, between the City of Stillwater, Washington County, Minnesota (the "City"), and the Terra Springs Master Association (the "Master Association"), a Minnesota nonprofit corporation. INTRODUCTION 1. The Master Association is the master association for the residential development located in Stillwater, Washington County, Minnesota, located at 610 — 650 North Main Street, Stillwater, Minnesota (the "Development"). The Development consists of five condominium buildings with a total of 177 residential and commercial condominium units constructed between August 2003 and January 2007 and was the subject of the Development Agreement between the City and Territorial Springs LLC (the "Developer"), dated August 19, 2003 and amended June 15, 2004 (collectively the "Development Agreement"). 2. The Development was constructed upon land that formerly housed the Minnesota Territorial Prison (the "Property"), and that was obtained by the City and sold to the Developer for the purposes of constructing the Development. 3. While under City ownership, the Property was listed in the National Register of Historic Places, and the City undertook study of the Public Use and Public Benefit to the City if the Property were developed or redeveloped for private residential or commercial use. 4. The City concluded that the public would benefit from public access to a portion of the Property and interpretation of the former use of the Property, so as to be a major historic resource as part of the Stillwater Park and Trail System. 5. During the public review of each phase of the Development, construction of a trail (the "Trail") and interpretation system (the "Interpretation System") around the perimeter of the Property at the base of the Prison wall, and improvements of the portion of the Property commonly known as the Archeological Green and Central Green, were required as conditions of City approval of the Development. Although the Central Green was completed as required, the Archeological Green was simply covered with sod, and the Trail around the perimeter at the base of the Prison wall was paved, but the Interpretation System was never developed and implemented. 6. In view of the benefit of public access to the Trail and the Interpretation System, the City waived the Park and Trail Impact Fees in the amount of $342,000.00 that would have otherwise been due by the Developer upon subdivision of the Property.' 7. In order to insure that the Trail and the Interpretation System would be properly maintained, the City required the Developer to deposit with the City the sum of $125,000.00 (the "Park Maintenance Fund"). 2 8. The City promised to hold and administer the Park Maintenance Fund for extraordinary maintenance and repair or capital improvements to the Trail and the Interpretation System, and not for ongoing and ordinary maintenance. 3, 4 PROVISIONS/AGREEMENTS 9. As of June 5, 2015, the value of the Park Maintenance Fund has grown to $149,508.27. 10. The Master Association and the City agree that, since the Stillwater Heritage Preservation Commission (the "Commission") has approved the Master Association's 2 plans for the reconstruction of the reflecting pond located within the Property, $50,000 of the Park Maintenance Fund shall be disbursed by the City to the Master Association within ten days after this Agreement is signed by the Master Association and the City. The Master Association will disburse $25,000 of this amount to the 610 North Main Association Board within ten days after receiving the funds from the City. 11. The Park Maintenance Fund will also be used to pay for the expense of a certified survey (the "S u r v e y") that the City will undertake, within ten days after the City and the Master Association have signed the Agreement, to depict and legally describe an eight (8) foot wide portion of the Property that runs the entire length of the Trail and in which the Trail is reasonably centered (the "Trail Easement Area"). The City shall provide to the Master Association a copy of the completed Survey within ten days after receiving the completed document. 12. Based upon the Survey, the City shall, promptly following the completion of the Survey and pursuant to Section 9.4 of the Master Declaration of Terra Springs Master Association recorded in the office of the County Recorder in and for Washington County, Minnesota (the "Recorder"), as Document No. 3395514, as amended and/or supplemented by that Document Nos. 3406900, 3490757, 3524869, 3524870, and 3712040, all as recorded in said office, release from the non- exclusive easement in favor of the City granted by said Section 9.4 (for the establishment of the Trail and related signage) all portions of the Property except the Trail Easement Area. Said release shall be accomplished by the prompt recording in the Recorder's office of an instrument containing the proper legal description of the Property except the Trail Easement Area. Said instrument shall be submitted by the City to the Master Association for approval prior to that instrument being recorded. 3 13. Upon the recording of the release instrument referenced in Section 12 above, the remaining balance of the Park Maintenance Fund shall be disbursed by the City to the Master Association and be used for expenses associated with the reconstruction of the Trail and establishment of interpretation features along the Trail as envisioned in Chapter 6.0 of the Archeological Resources Overview for the Minnesota Territorial/State Prison Stillwater, Washington County, Minnesota, prepared by the 106 Group date June, 2002, a copy of Chapter 6.0 is attached to this Agreement as Exhibit "A," and is incorporated herein by reference and made a part hereof. 14. While the Development Agreement states that the Master Association is solely responsible for the maintenance and repair of the Trail and the Interpretation System, the Master Association and City will meet and confer regarding cost sharing alternatives for these expenses 15. The City has the authority to establish, and to bind the public to, rules and regulations governing the public's access to the Trail and the Interpretation System, which rules and regulations may include, the regulation of noise, the months and hours of access, and the restriction or prohibition of pets. The City also has the unilateral authority to install signage advising the public of certain regulated usage of the Trail and the Interpretation System. Furthermore, the City reserves the right to further restrict the public access to the Trail and the Interpretation System if such access interferes with the residential and private nature of the Development or becomes a private or public nuisance. The City will meet and confer with the Master Association on the development of these rules and regulations. 4 IN WITNESS WHEREOF, the Master Association and the City have set their hands on the date(s) set forth below. By By STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, Clerk The foregoing instrument was acknowledged before me the day of , 2015, by Ted Kozlowski, Mayor, and Diane F. Ward, Clerk, for the City of Stillwater, a Minnesota municipal corporation, on behalf of said corporation. Notary Public TERRA SPRINGS MASTER ASSOCIATION By Thomas Lindeen, President STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me the day of , 2015, by Thomas Lindeen, the President of Terra Springs Master Association, a Minnesota nonprofit corporation, on behalf of said corporation Notary Public 5 1 Development Agreement page 9 — 3.8.1.0 "In view of the extensive public access and trail facilities being constructed by the Redeveloper as part of the Public Improvements, the City agrees to waive the park and trail impact fees that would otherwise be due;" 2 Development Agreement page 13 - 3.9.6.E "The Redeveloper must deposit with the City before a Certificate of Occupancy is issued for use of any unit constructed on the Redevelopment Property, the sum of$125,000 to be designated by the City as the "Park Maintenance Fund" to be held and administered by the City pursuant to the terms of Section 3.8.I.C." 3 Development Agreement page 3 1.1.19 "Park Maintenance Fund" means the deposit required to be made by the Redeveloper for the extraordinary repairs and improvements of the public access areas of the Redevelopment Property. The fund may not be drawn upon for ordinary and ongoing maintenance and only for extra ordinary maintenance or capital improvements." 4 Development Agreement page 9 - 3.8.1.0 "The City will hold as dedicated to the Redevelopment Property and administer the park maintenance account established pursuant to Section 3.9.6.E. of this Agreement for extraordinary maintenance, repairs and improvements to the public access areas of the Redevelopment Property and not for ongoing and ordinary maintenance;" 6 EXHIBIT A Minnesota Territorial State Prison Project Archaeological Resources Overview Page 30 6.0 INTERPRETIVE POTENTIAL The history of the Minnesota Territorial State Prison site and its human story provide a rich font for historical interpretation. In 1994 the City of Stillwater and the SHPO sponsored a reuse study of the prison site that was prepared by the Minnesota Preservation Consultation Team (MPCT 1994). This document addresses development issues related to the site and makes recommendations for possible interpretive ideas including an interpretive center, an ongoing public archaeology program, and an outdoor interpretive program consisting of signage or a walking tour (MPCT 1994:2). The report notes that the development of interpretive programs and visitor activities for the prison should fit with the City of Stillwater's interests, as well as complement the existing state and federal visitor programs associated with the St. Croix National Scenic Riverway (MPCT 1994:2). The reuse study also encourages the development of tie-ins with other existing sites, including not only the adjacent Warden's House operated by the Washington County Historical Society, but the Minnesota Zephyr station across Main Street from the site. Interpretive themes presented in the report include the human occupation and development of the St. Croix River Valley over the past 10,000 years, the geology of the prison ravine and the creation of the stone prison walls, the role of the prison as the first Territorial prison in the northwest and the national significance of the prison site and the Warden's House as a National Register property (MPCT 1994:21). In addition to these previously suggested interpretive ideas and themes, the incorporation of the personal experience of the inmates and unique aspects of daily life within the prison are recommended. Through the use of place markers within the yard or through exhibits combining artifactual and documentary evidence, themes that may be explored include: • Daily Prison Routine — inmates within the prison had a regimented daily routine that regulated their movements from their cells, to work, meals, and other daily activities. This routine could be incorporated into the flow of the walking tour that guide visitors from one kiosk to the next. • First -Person Accounts — accounts of life within the prison as recorded by the inmates could be incorporated into an interpretive display or relayed through kiosks or inscriptions on stones or plaques. The poems of prisoner John Carter which were published in 1911 as Hard Labor and Other Poems would particularly lend themselves to incorporation into an exhibit (Carter 1911). • Notable Prisoners- the Northfield raid and the subsequent capture of the Younger brothers and their incarceration in the Minnesota State Prison are noted moments in Minnesota history. While imprisoned at Stillwater, the Younger's were involved in various aspects of prison life including the operation of the library and newspaper. The Younger's story and Cole Younger's personal account of life in the prison could be conveyed in an interpretive display or kiosk. • Prison Library and Paper — the prison had one of the largest prison libraries and also printed a paper, the Prison Mirror, which had a wide circulation. Examples of books in the library or excerpts from the paper could be incorporated into an interpretive exhibit. 7 • Female and Male Prisoners — the prison housed both female and male inmates. Differences in their daily routines, work and prison experience could be explored. • Changes Through Time — the state and national prison policies and the prison reform movement and their reflection in the Minnesota Territorial/State Prison could be examined through an interpretive program. During this literature search it was noted that the post-1890 prison, of which the two extant buildings and surviving stone walls were part, had design elements that could be incorporated into a development plan for the property thereby capturing the historical style of the prison (Figure 10, MHS Negative No. 9644-B). It was during this period that the prison grounds were landscaped and the prison yard was created that included a park with a fountain and gazebo as well as brick paths and greenhouses (Figure 13, MRS Location No. MW4.9 ST7.2S r83). These alterations were brought about under Warden Hemy Wolfer and are reflective of his modem views and role within the prison reform movement (Heilbron 1996 [1909]:178). Other aspects of the prison 's aesthetic during this period were textured drives, brick paths, and building identification letters painted in shields on the buildings (Figure 14, MHS Negative No. 61062). FIGURE 13. 1909 PHOTO OF THE RECREATION YARD, GREENHOUSES, GAZEBO AND HOSPITAL/SOLITARY CONFINEMENT BUILDING, LOOKING NORTHWEST 8 Figure 14. 1900 VIEW OF PRISON MAIN STREET LOOKING EAST (NOTE BUILDING IDENTIFICATION LETTER AND TEXTURED DRIVE) FIGURE 14. 9 Memo To: Mayor and City Council From: Alison Egger ait Assistant Finance Director Date: 7/7/2015 Re: Acceptance of Donations BACKGROUND The City of Stillwater received the following cash donations: • St. Croix Boat & Packet Fireworks Donation - $500.00 • Water Street Inn Fireworks Donation - $1,750.00 • Cover Park Manor Inc Fireworks Donation - $250.00 • Sabes Family Foundation Fireworks Donation - $10,500.00 • PD Pappy Fireworks Donation - $1,500.00 • Central Bank Night to Unite Donation - $100.00 • First State Bank & Trust Night to Unite Donation - $250.00 • Lake Elmo Bank Night to Unite Donation - $50.00 • Just for Me Spa Exercise Equipment Donation - $1,700.00 Value RECOMMENDATION Staff recommends the acceptance of these donations for 2015 Fiscal Year. ACTION REQUIRED If council agrees with staff's recommendation, Council needs to pass a resolution accepting the above donations in compliance with Minnesota Statute 465.03. CC: Sharon Harrison - Finance Director Administration DATE: July 7, 2015 TO: Mayor and City Council FROM: Diane Ward, City Clerk SUBJECT: 2015-2016 Grant Agreement for Municipal Recycling Grant Distribution Attached is the 2015-2016 Washington County Grant Agreement for Municipal Recycling Grant Distribution for 2 years. The funding formula provides three levels of funding: Base, Project, and Incentive. Most communities, including the City of Stillwater, will receive base (recycling coordinator professional services and Administration services) and project funding for waste reduction and recycling activities (education in the schools, City's Hazardous Waste Day, multi -family recycling education etc.) The City has applied for and been approved for Base and Project Grant funds. Approved funding for 2015-2016 is $69,236.00 combined. Recommendation Staff recommends the city council adopt the attached resolution entitled, approving the 2015 - 2016 Grant Agreement for Municipal Recycling Grant Distribution with Washington County, effective through December 31, 2016. APPROVING THE 2015-2016 GRANT AGREEMENT FOR MUNICIPAL RECYCLING GRANT DISTRIBUTION WITH WASHINGTON COUNTY BE IT RESOLVED by the City Council of Stillwater, MN that the acceptance of the 2015- 2016 recycling grant distribution from Washington County, as on file with the City Clerk is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is authorized to execute the agreement on behalf of the City of Stillwater Adopted by the Stillwater City Council this 7th day of July, 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk 2015-16 GRANT AGREEMENT FOR MUNICIPAL RECYCLING GRANT DISTRIBUTION THIS AGREEMENT made and entered into by and between the County of Washington, hereinafter referred to as the "County", and the City of Stillwater, 216 4th St N., Stillwater, MN 55082, hereinafter referred to as the "Grantee". WHEREAS, the County desires to encourage and provide opportunities for residential recycling to reduce the County's reliance on solid waste disposal facilities, and WHEREAS, the Washington County Board of Commissioners has budgeted funds to be used to further develop recycling projects in the County. NOW, THEREFORE, the parties hereto agree as follows: 1. Term: The term of the Agreement shall be from the date this Agreement is approved by the County to December 31, 2016. 2. The County's Obligations: The County will pay the Grantee an amount of up to $69,236.00 which is to be used for recycling program expenses in 2015 and 2016. Payment will be made in two installments, one in 2015 and one in 2016. The 2015 payment will be made within 60 days of execution of this Agreement and the 2016 payment will be made within 60 days of the county approving the grantee's 2016 recycling work plan. 3. The Grantee's Obligations: a. The Grantee agrees to follow their 2015-16 Municipal Recycling Grant Application and the guidelines therein (Exhibit A). b. The Grantee will use all recycling grant money received in 2015 and 2016 as a result of this Agreement, for base funding activities, recycling projects, and public education related to recycling, as indicated in Exhibit A. If all recycling grant funds are not used within the grant period, the Grantee must return unexpended funds to the County unless the County approves utilizing the unspent funds for recycling projects the following year. c. The Grantee shall sign and return this Agreement to the County by August 1, 2015. Failure to do so will result in a reduction or loss of grant funds. d. The Grantee will prepare and submit annual recycling reports to the County. The reports shall cover the time period from January 1 to December 31 and shall be submitted to the County by February 15th of the year following the reporting period. The annual reports will be made on a form provided by the County. e. Pursuant to Minnesota Statutes Sections 115A.46 and 115A.471, all waste generated by city/township government activities (including city/town halls, public works buildings, parks, and for city/townships that arrange for waste services on behalf of their residents) shall be delivered to the Ramsey/Washington County Resource Recovery Facility in Newport for disposal. Failure to comply with this provision shall constitute a breach of this Grant Agreement. -1- f. The parties agree that if the Grantee contracts or otherwise arranges for municipal solid waste hauling service on behalf of its residents and/or businesses and the Grantee issues bills for this service, the Grantee shall bill the County Environmental Charge (CEC) as a separate line item on the solid waste bill and shall make reasonable effort to collect the CEC. Exception to this provision is if the licensed hauler collected the CEC for the previous year. All County Environmental Charges collected shall be remitted to the County according to section 14.5 of Washington County Ordinance #178 or its replacement, Ordinance #194, effective July 1st, 2014. Failure of the Grantee to comply with this provision shall constitute a breach of this Grant Agreement and will result in loss of grant funds. 4. Indemnification The Contractor/Consultant agrees it will defend, indemnify and hold harmless the County, its officers and employees against any and all liability, loss, costs, damages, and expenses which the County, its officers, or employees may hereafter sustain, incur, or be required to pay arising out of the negligent or willful acts or omissions of the Contractor/Consultant in the performance of this agreement. 5. Insurance Requirements: The Contractor agrees that in order to protect itself, as well as the County, under the indemnity provisions set forth above, it will at all times during the term of this Agreement, keep in force the following insurance protection in the limits specified: 1. Commercial General Liability/Professional Liability with contractual liability coverage in the amount of the County's tort liability limits set forth in Minnesota Statute 466.04 and as amended from time to time. 2. Automobile coverage in the amount of the County's tort liability limits set forth in Minnesota Statute 466.04 and as amended from time to time. 3. Worker's Compensation in statutory amount. (if applicable) Prior to the effective date of this Agreement, the Contractor/Vendor/Consultant will furnish the County with a current and valid proof of insurance certificate indicating insurance coverage in the amounts required by this agreement. This certificate of insurance shall be on file with the County throughout the term of the agreement. As a condition subsequent to this agreement, Contractor/Vendor/Consultant shall insure that the certificate of insurance provided to the County will at all times be current. The parties agree that failure by the Contractor/Vendor/Consultant to maintain a current certificate of insurance with the County shall be a substantial breach of the contract and payments on the contract shall be withheld by the County until a certificate of insurance showing current insurance coverage in amounts required by the contract is provided to the County. Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty days notice thereof to the County. -2- 6. Data Practices: All data collected, created, received, maintained, or disseminated for any purpose by the activities of the contractor, because of this agreement shall be governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (Act), as amended and the Rules implementing the Act now in force or as amended. The contractor is subject to the requirements of the Act and Rules and must comply with those requirements as if it is a governmental entity. The remedies contained in section 13.08 of the Act shall apply to the contractor. 7. Condition Subsequent It is understood and agreed that in the event that reimbursement to the County from state sources is not obtained and continued at a level sufficient to allow the Grant, the obligations of each party hereunder shall thereupon be reviewed to determine the necessity of renegotiating all or parts of this Agreement. 8. Records Availability and Retention: Pursuant to Minnesota Statute Section 16C.05, Subd. 5, the Grantee agrees that the County, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc. which are pertinent to the accounting practices and procedures of the Grantee and involve transactions relating to this Agreement. Grantee agrees to maintain these records for a period of six (6) years from the date of termination of this Agreement. 9. Independent Contractor: Nothing contained in this Agreement is intended or should be construed as creating the relationship of co-partners or joint ventures with the County. No tenure or any rights or benefits, including Worker's Compensation, Unemployment Insurance, medical care, sick leave, vacation leave, severance pay, PERA, or other benefits available to County employees, shall accrue to the Grantee or employees of the Grantee performing services under this Agreement. 10. Nondiscrimination: During the performance of this Agreement, the Grantee agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, sexual preference or orientation, disability, marital status, public assistance status, criminal record, creed or national origin, be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to discrimination under any and all applicable Federal and State Laws against discrimination. -3- 11. Firearms Prohibited: Unless specifically required by the terms of this contract, no provider of services pursuant to this contract, including but not limited to employees, agents or subcontractors of the Grantee shall carry or possess a firearm on county premises or while acting on behalf of Washington County pursuant to the terms of this agreement. Violation of this provision shall be considered a substantial breach of the Agreement; and, in addition to any other remedy available to the county under law or equity. Violation of this provision is grounds for immediate suspension or termination of this contract. 12. Noncompliance by Grantee: If the County finds that there has been a failure to comply with the provisions of this Agreement, the County may terminate the Agreement at any time following seven (7) days written notice to the Grantee and upon failure of the Grantee to cure the default within the seven day period. The County will require the Grantee to repay the grant funds in full or in a portion determined by the County. Nothing herein shall be construed so as to limit the County's legal remedies to recover grant funds. 13. Termination: This Agreement may be canceled by either party upon thirty (30) days written notice. Notice to the Cities shall be mailed to the City Administrator or to the City Clerk if there is no Administrator. Notice to Townships shall be mailed to the Township Clerk. Notice shall be sent to the official business address of the City or Township. Notice to the County shall be mailed to: Department of Public Health and Environment, 14949 62nd Street N, PO Box 6, Stillwater, MN 55082-0006. 14. Merger and Modification: a. It is understood and agreed that the entire Agreement between the parties is contained here and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. b. Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an Amendment and signed by the parties. -4- IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. GRANTEE WASHINGTON COUNTY TITLE DATE FEDERAL ID # Chair, Washington County Board of Commissioners DATE BY DATE Molly O'Rourke County Administrator Recommended for action: By Lowell Johnson, Director Department of Public Health And Environment DATE APPROVEDS TO FORM BY Ass't Washingto Co. Attorney DATE tAi//3 -5- 61 Discover Stillwater Published oy Shayne Nelson l?l Yesterday at 1-02am • P Happy 4th of July Independence day 2015!!! 6.054 people reached Unlike Comment Share Hootlet Hootlet 1 298 Q 11 4> 2 t Discover Stillwater, Leigha Bauer, Rhea Nelson Rock, Nicole Michaels Lange and 294 others like this. 4, 2 shares ® Write a comment - Beth Ecker Great fireworks as always! Thank you Unlike - Reply e5 1 Yesterday at 9 04am Clodagh McAfee Wonderful fireworks last night. loved it! esterday at 9 1 tam Best fireworks IVe ever seen & I've seen a lot of fireworks ! 1111 Unlike Reply -161 17 hrs Edited Linda Nelson-Lovelett Beautiful!!! Unlike Reply 61 Yesterday at 4 21 ant IIDee Christensen I miss living there!! Unlike Reply b 1 1 hr illCarrie Baldwin Briggs Thank you city of Stillwater! What a great show this year! Unlike Reply i t 1 9 hrs ®Desiree Slagle Thanks for the great show. Unlike Reply 61 1 Yesterday at 8.28am IIDianne McAdam Spectacular!!' Unlike Reply 161 jKris Lange One of the best shows We've ever seen! Thanks, Stillwater!! Unlike Reply r i 1 Yesterday at 9 38am 711 Gracie Henning Great show last night! Thank youStilhrater! Unlike Reply 6 1 Yesterday at 8 05am Orsika Angel Takacs 1. Unlike Reply 61 Yesterday at 4 32am Boost Post Top Comments jSandy Alber4 Write a comment.. 6,054 People Reached 336 1-,Pes Comments & Shares 313 Likes 14 Comments 9 Shares 297 Post clicks 78 Photo Views NEGATIVE FEEDBACK 15 Hide Post 0 Report as Spam 298 On Post 11 On Post 2 On Post 0 Link Clicks Pk, 15 On Shares 3 On Snares 7 On Shares 219 Other Clicks i 6 Hide All Posts 0 Unlike Page June 25, 2015 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson David Johnson, Supervisors Fred Brandt, Linda Countryman, Sheila -Marie Untiedt and Lee Busse, Clerk Kathy Schmoeckel, Planner Sherri Buss and Park Manager Jackie Garafalo. 1. AGENDA - M/S/P Untiedt/Busse moved to adopt the agenda as amended. (5 ayes) 2. MINUTES - M/S/P Untiedt/Countryman moved to approve the June 11, 2015 Stillwater Town Board Meeting minutes as written. (5 ayes) 3. ENGINEER - a. Tree at 14425 119th Street N - There is a dead oak tree in the right-of-way that should be removed. M/S/P Untiedt/Countryman moved to authorize Haines Tree Service to remove the tree at a cost of $800.00. (5 ayes) 4. PLANNER - a. Polasik Addition Minor Subdivision - The Polasiks are not yet ready with drawings and research. This will be discussed at the July 9th Board meeting. b. Raleigh AOP Review - This review provided an opportunity to look at the permit conditions and to get comments from the public. Planner Sherri Buss reported that the mine is in compliance with the conditions. She reviewed data regarding their haul trips which had been submitted by the Raleighs and summarized by Fred Brandt. There were the following comments from the residents present: • Jeanne Smith - Asked about the number of trips on Otchipwe gong past Stonebridge to the north. Mike Raleigh - This relates to the project on Norell and they also hauled to Hugo and May Township. • Diane Johnson - She sees that Pawnee was used just two days. She thought that it would be used more. Raleigh - Starting on July 6th they will be working at the Lake Elmo airport and in Oak Park Heights and they will be using that route. It depends on the jobs being done. Ms. Johnson reviewed her letter dated June 21, 2015. She would like to see that travel on the three routes be divided into blocks of time rather than using one route for 12 hours a day and she would like a better sense of what the average really means and how often the maximum number can be reached. She is also concerned about long trucks crossing a double yellow line and showed a video of a truck turning at Stonebridge and Otchipwe. • Sue Wilson - Thanked the Board and the Raleighs for the improvement they have seen this year. • Jan Hayne - What is the machine with the conveyor? The noise level is worse than last year. Raleigh - It's a pulverizer. It does not run every day. Stillwater Town Board Mtg. — 6/25/15 Page 2 Maybe half a day, once a week. Sometime in the next month it should be moved away from where it is now. • Fred Anderson - He sees the same problem with trucks going on Fairy Falls and taking the corner wide. With increased traffic, it has been more noticeable. • David Johnson - With issues that relate to traffic compliance, he encouraged people to communicate their concerns to the County as well as to us. • Matt Weller - When they use the south pit it needs to be done safely and legally. If we find it is not the case, we will get MnDOT to take care of it. • Dan Seal - If trucks are not capable of making a turn, why are they allowed on the road? David Johnson - We have met with the County to talk about County roads. Trucks choose routes that are the most efficient for them. County Road 11 was also a recommended route as it is a county road. We will communicate residents' concerns to the County. Raleigh - Read from the Minnesota Commercial Drivers' Manual regarding making turns. They have never had an accident, a speeding ticket or a moving violation for his trucks on approved haul roads. • Linda Countryman - If an intersection needs to be re -engineered, the County will need to step up. • Dan Seal - How was the hauling report conducted? Raleigh - They have five routes and tickets are made out for trucks coming in and going out and that is how it is recorded. • Jeanne Smith - She was almost forced off the road coming down Fairy Falls. It was not a Raleigh truck, but she would want trucks to stay in their own lane. • Sue Rosenbaum - Will there be hauling on Pawnee? David Johnson - Before that route is Okayed, there will be some discussion. • John Raleigh - What is the speed limit going down the hill on Pawnee? The caution sign says 15 miles an hour. c. County SSTS Ordinance - The County has adopted a new ordinance. We could adopt their ordinance or make changes. This will be discussed at the August Planning Commission meeting. d. Outing Lodge - The business has a new owner. 5. PARK MANAGER - Park Manager Jackie Garafalo reported that the parks are doing great. Raleighs have responded better to work orders. 6. TOWNSHIP PICNIC - There was discussion of music at the picnic. 7. EAGLE SCOUT PROJECT - McKinley Beane is looking for an Eagle Scout Project. David Johnson will meet with him at 5:00 on Monday to discuss a possible rain garden on Neal Avenue. They will talk further if this is something of interest to him. 8. ADJOURNMENT - The meeting was adjourned at 8:35 p.m. Stillwater Town Board Mtg. — 6/25/15 Page 3 Clerk Chairperson Approved Summary of Proceedings Washington County Board of Commissioners June 23, 2015 Present were Commissioners Fran Miron, District 1; Commissioner 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 Kriesel — reported that at its meeting held on June 16, 2015, the Board held an Executive Session with the County Administrator for her annual performance review. The Board concluded that she is performing her job in a positive manner, and that under her leadership, the county has accomplished many significant projects; Commissioner Weik — reported that she attended the Counties Transit Improvement Board Meeting, where they approved a travel stipend for up to four Washington County members to attend the Rail -Volution Conference this fall in Dallas. She is currently working on constituent issues regarding changes to transit links schedules operating in Woodbury. She reported that she appreciated Public Works staffs assistance on these issues. The schedule changes are impacting constituents' abilities to get to their St. Paul and Minneapolis bus lines in a timely manner; - Commissioner Bigham — reported that she attended the Counties Transit Improvement Board Meeting, where they received updates on the Orange Line and Southwest projects; attended the Library Board Meeting, on June 22, 2015. The next Library Board meeting will be on August 24th, 2015; attended the Association of Minnesota Counties Board Meeting. At this meeting, they passed a resolution to increase membership fees by 3%. There were discussions on court security, and that they appointed Ramsey County's Jim McDonough as the National Association of Counties delegate. They also discussed support of the National Association of Counties' position on the Waters of the U.S. Ruling. She attended the Transit Authority Board Meeting, where they are looking at the equity issue as it relates to transit. The Transportation Improvement Plan was released for public comment. She attended the Strawberry Fest in Cottage Grove, where her pet dog won the 2015 Doggie Dash; - Commissioner Bearth — reported that Summerfest will start June 25-27, 2015, in Oakdale, Minnesota, at Walton Park; - Commissioner Miron — reported that he received a positive comment from a constituent regarding an issue she was having with a traffic signal not operating correctly. She went on the Washington County website, and sent an email to the county. She was impressed with the accessibility and the timely response of the county to her email. Community Corrections - Approval of Resolution No. 2015-094, Authorizing renewal of the joint powers agreement between the State of Minnesota, and the Washington County Sentence to Service Program. General Administration Approval of the following actions: - May 26, 2015 County Board Meeting Minutes, as amended; - Resolution No. 2015-099, Issuance of the county's General Obligation Bonds (Land and Water Legacy); - Review of the 2014 Performance Measures and Indicators Report; - Approval of Amendment #5 agreement between the State of Minnesota Tenth Judicial District and Washington County; - Board correspondence was received and placed on file. Property Records & Taxpayer Services Approval of the following actions: - Two applications for Temporary On -Sale Licenses for the VFW Post 323 for a special event at the Washington County Fairgrounds, Baytown Township; - The second meeting of the Board of Appeal and Equalization took place at 11:45 a.m. Public Health & Environment Approval of the following actions: - Enter into Grant Project Agreement with the Minnesota Department of Public Health to expand upon our current Follow Along Program and provide education, resources, and follow up to those children identified with Autism Spectrum Disorder; - Judy Hunter, Senior Environmental Program Manager, provided updates on the Ramsey/Washington Resource Recovery Project Board Policy Evaluation Progress; - Resolution No. 2015-098, Execution of 2015 Resource Recovery Project Budget Addendum as recommended by the Ramsey/Washington County Resource Recovery Project Board. Public Works Approval of the following actions: - Traffic control signal maintenance agreement between Washington County and the City of Cottage Grove; - Amendment #1 to contract with Metropolitan Mechanical Contractors, Inc. for Zones 1, 2 and 3 mechanical maintenance services; - Resolution No. 2015-095, authorizing the Park Director to issue licenses for ecological research activities in county parks; - Resolution No. 2015-096, Agreement No. 1000598 with the State of Minnesota, Department of Transportation; - Federal legislative update from Andy Burmeister from Lockridge Grindal Nauen; - Cooperative cost -share agreement with the City of Lake Elmo for Phase 1 and Phase 2 of County State Aid Highway 17; - Resolution No. 2015-097, Bid award for County State Aid Highway 17 and Lake Elmo City Streets Phase 1; - Amendment #1 with Kraus -Anderson Construction Company for general conditions expenses for the Public Works North Shop Project and Sheriff Warm Storage Project; - Amendment #1 with Kraus -Anderson Construction Company for general conditions expenses for the Government Center 4th Floor Remodel Project. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. i 1 1 a t e r 1NE OIRTNFLACE OF MIMNESOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North July 7, 2015 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. CycleHealth 2. Discussion on Commercial Recreation Use of City Parks IV. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Development Dir. 7. Public Works Dir. 8. Finance Director 9. City Attorney 10. City Administrator 7:00 P.M. AGENDA V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. APPROVAL OF MINUTES 11. Possible approval of June 16, 2015 regular meeting minutes IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 12. Youth Service Bureau — Mary Planten-Krell, Executive Director X. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. XI. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 13. Resolution 2015-121, directing payment of bills 14. Resolution 2015-122, approval of non-exclusive wharfage permit between the City of Stillwater and John Henley, St. Croix Sailing Club 15. Resolution 2015-123, approving Amendment to Small Brewer Off -Sale Liquor License to Maple Island Brewing LLC 16. Resolution 2015-124, approving Nationwide Retirement Solutions (NRS) 457(b) Plan Loan Program amendments for City of Stillwater Plan Participants 17. Possible approval of LMCIT Liability Coverage — Waiver form 18. Possible approval to purchase 3 scanners — MIS 19. Resolution 2015-125, approval of EMS Education Agreement with Regions Hospital Emergency Medical Services 20. Resolution 2015-126, resolution accepting MHS Heritage Partnership Program Grant Agreement for Heritage Preservation Commission Training Program 21. Possible approval of quote for Irrigation System 22. Possible approval to repair play structures at Teddy Bear Park 23. Possible approval to purchase cleaning equpment — Recreation Center XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 24. Case No. 2015-13. This is the date and time for a public hearing to consider a request from the City of Stillwater for amendment to City Code Section 31-209, Design Permit, and Section 31-509, Sign Regulations, removing design review requirements for signage in the West Stillwater Business Park District (tabled from June 16, 2015 meeting) (Ordinance — 1st reading — Roll Call) 25. Case No. 2015-14. This is the date and time for a public hearing to consider a request from the City of Stillwater for amendment to the city of Stillwater 2008 Comprehensive Plan specifically to the City's Park Plan and the Transportation Plan to incorporate a Master Trails Plan into the 2008 Comprehensive Plan as required by the release of a Metropolitan Council System. (This will be tabled until September 1, 2015) XIII. UNFINISHED BUSINESS 26. Discussion of the sale of margaritas during Log Jam Days XIV. NEW BUSINESS 27. Possible approval of Stillwater Log Run event 28. Possible approval of Fall Fine Art & Music Festival event and contract (Resolution — Roll Call) 29. Approval of plans and specifications and authorization for bids 2015 street improvement project (Resolution — Roll Call) 30. Possible approval of No Parking on west side of Martha (Resolution - Roll Call) XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVI. COMMUNICATIONS/REQUESTS XVII. COUNCIL REQUEST ITEMS XVIII. STAFF REPORTS (CONTINUED) XIX. ADJOURNMENT EAST METRO AUGUST 22 BREAKAWAY KIDS TR1- by CycleHealth Children Hospitals and Clinics of Minnesota Earn the right to say... i entered, got more fit, served other kids and crossed... SU WEST METRO Saturday, August 15 Lake Rebecca Park Reserve EAST METRO Saturday, August 22 Lake Elmo Park Reserve 'S BEcT lis\T 1.1 k .11.J • A swim -bike -run obstacle adventure race for kids 7-17 • 2 course options: Super Sprint or Mega Challenge • Online training tips for guaranteed success Powered by: /14111 Cargill SouthLake nth. Pediatric5 AM TWIN CITIES %II ORTHOPEDICS Children Mnnc F SWIM SCHOOL LEARN MORE & REGISTER: .45 ,E,EPA, FOUNDAT,O, SUBARU 3M egfek Watmita cbikkns Qiriic ERIICS) CYCLEHEALTH.ORG SPS COMMERCE D,CYCLE,IRMONDEIFICK 2minn,o4, (vie Besikof Lapidus &twparyUP ORTHOLOGY • Altpt WEST Metro `1 Aug 15..' 4 BREAKAWAY'KIDS TRI 1 ift. - by CycreHeafth EAST Metro Aug. 22 4 are now two chances to race in our signature event. A swim, bike, run race with ;les, this race is designed to give kids ages 7-17 a victory in sport that inspires to keep sweating and striving. ireakAway Kids Tri WEST BreakAway Kids Tri EAST at, Aug. 15 Sat. Aug. 22 ake Rebecca Park Reserve Lake Elmo Park Reserve are invited to make their race matter by participating in the charity project iting kids treated at Children's Hospital. Funds raised this summer will be used re a camp for kids with cancer after it suddenly lost its funding, and equipment at the new Pain and Palliative Care Clinic at Children's in Minneapolis. Each kid helps this vital campaign gets to cross our finish line knowing they've become icant to others. ter at cyclehealth.org is CycleHealth? id in 2014, CycleHealth is a Minnesota -based 501c3 non-profit with a mission to create a new of health in America, starting with the youngest generation. Just as kids were the catalyst to merica stop smoking, and later to start recycling, we believe kids can create a new cycle of I. So we are equipping them. -lealth successfully launched the nation's first Sweat Rx approach to kids and fitness. Our are prescribed by providers in our partner pediatric clinics as the date on the calendar that ates kids - and often their parents as well - to be more active. SUMMER FLYWHEEL FITNESS CHALLENGE FOR KIDS BREAKAWAY TRICKER by CycleHealth 'al thanks to the B & H Way Family Foundation CYCLEHEALTH did arl,,rtntureA teat MAW Cargill CID drj� Hospitals and Clinics of Minnesota 140.E TOTAL MILES 2.4 MILE SWIM 1112 MILE BIKE 126.2 MILE RUN AT THE WORLD TRIATHLON CHAMPIONSHIP IN HAWAII, WORLD -CLASS ATHLETES HAVE ONLY 17 HOURS TO COMPLETE ALL 3 LEGS OF THIS GRUELING RACE. NOW KIDS CAN EXPERIENCE THE GLORY TOO! CycleHealth challenges kids of all athletic abilities to go the full distance in all 3 sports this summer. Use the TRACKER to record your progress along the way. Completing the full distance in all 3 sports will make you more fit than ever before and reaching the 140.6 Milestone will be a major life accomplishment. Commit to Yourself: I'm going to go 140.6 Miles or more this summer! To be included in the contest follow each of these steps. STEPS (check when completed): Turn On Your BreakAway Tracker. Go to cyclehealth.org/tracker (It's the only way to be eligible for great prizes, including Diamondback bikes, and to get tips and motivation throughout the summer.) II Make it Visible. Hang Tracker on your fridge or bedroom door. Get Started! II Tell Us How You Did. Tear -off and Turn -in your completed Tracker Tally. Enter the Race - Celebrate your fitness by crossing the BEST Finish Line of Summer: BREAKAWAY KIDS TRI WEST METRO Sat. Aug. 15 Lake Rebecca Park Reserve by CycleHealth EAST METRO Sat. Aug. 22 Lake Elmo Park Reserve SS]LIJOHJ UNA )I3tl11l Enter at cyclehealth.org iliwater THE BIRTHPLACE OE MINNESOTA MEMORANDUM TO: Mayor and Council FROM: Tim Moore, Superintendent of Public Works DATE: July 2, 2015 SUBJECT: Commercial Use of Public Parks �v BACKGROUND Over the past few years the city has seen an increase of commercial use in city parks sometimes limiting the use by general public or causing undue wear and tear to city property. A few examples of this use are boot camps by fitness facilities, tennis lessons by private individuals, and businesses using city parking lots. Additionally, some of these businesses are posting signs in the parks advertising their services. Throughout the past year the Parks and Recreation Commission worked on a policy and permit to address the commercial use of public parks. At the October 27, 2014 Parks and Recreation Commission meeting the Commission finalized the policy for City Council review. DISCUSSION Some highlights of the commercial use policy are: • The permit may be for single use or a specified time and renewable on a yearly basis. • Specific guidelines are set for permittee to conduct business. • The City can suspend or revoke a permit. • The limits of insurance liability are current with the League of MN cities. In order to determine a fee for commercial use within city facilities, a value was associated to the facility based on construction and maintaining a park. When looking at the current usage in the parks, it ranges from 2 times a week for 6 weeks up to 16 weeks. Using the formula developed at $3/person with an average of 10 participants for a $30 per occurrence, the range would be from $360 to $960. The Park and Recreation board recommended a limit of $1,000 per year be charged based on these figures. Limit of usage can be regulated with the users permit by reevaluating based on impact to the facility. The Downtown Parking Commission has determined a parking space usage fee for parking spaces downtown. The minimum fee is $1.50 per day per parking space. This fee was determined for community events held downtown. Because commercial use of parking lots can occur in other locations outside of downtown and have different impacts, a rate will need to be determined through an evaluation. The process would be to apply for a permit and a rate will be determined based on use and impact. ACTION REQUIRED Staff is looking for input on the policy from the Council and will come back later meeting for formal adoption of the policy. RESOLUTION ESTABLISHING COMMERCIAL RECREATIONAL USE PERMIT POLICY "Commercial Recreational Use" is defined as use of public parks or related waters for business or financial gain. When any person, group, or organization makes or attempts to make a profit, receive money or other compensation, amortize equipment, or obtain goods or services, as compensation from participants in activities occurring on public lands it is considered commercial recreational use. Commercial Recreational Use Permits (CRUP) are issued as a means to manage visitor use, protect public open space and natural and cultural resources, yet still provide a mechanism to accommodate commercial recreational uses of public parks property. Objectives are to satisfy commercial recreational demand within allowable use levels in an equitable, safe, and enjoyable manner while minimizing adverse resource impacts and user conflicts. Commercial Recreational Use Permits are required if any person, group, business or organization is charging clients a fee for services provided in whole or in part in public parks. Examples of Commercial Recreational Use: • Guided walks or tours • Professional dog training • Fitness or recreational classes • Equipment rentals or services ie: biercycle, segways, bike rentals, canoe/kayaks/paddle board rentals, massage chair, etc.1 The following types of uses on public parks are excluded from CRUP requirements but must obtain other required permits or City agreements: 1. Recreational leagues using fields a. Those that are allowed must obtain a Park Reservation Permit. 2. Public recreational events on public land (running races or walks, bike races, swimming event, and similar events) a. Those that are allowed must obtain an Event Permit/Contract 3. Private events on public land (company ball game, horseshoe tournament) a. Those that are allowed may be required to obtain a Park Reservation Permit. 4. Film production a. Those that are allowed must obtain a Motion Picture Production permit 5. Non -recreational commercial use (ie. religious, political, social or other ideological belief organizations, popcorn wagon, horse carriage, gondola, or bicycle taxi) a. Those that are allowed must obtain a Special Use Permit or other City agreements or licenses as applicable. 6. Vending from a non -permanent structure (ice cream truck, food truck) a. Those that are allowed must operate under the auspices of an Event Permit or a Peddlers License. 1 Any commercial recreational use that uses public on -street parking or public parking lot spaces must first obtain a license from the city for that use. This license is in addition to the CRUP. Commercial Recreational Use Permit Policy Page 2 of 3 Permit Fees Park Commercial Usage fee is $30 per occurrence2 and any published park rental fees with a total limit of $1000/year. The fee for use of public parking lots or on -street parking spaces is determined by the Community Development Director and is based on fees for similar facilities as found in the City's annual fee schedule. Terms of Permit A permit may be for a single occurrence or for multiple occurrences. Usage is evaluated based on impact to public parks. Multi -year permits are encouraged if the following conditions are met: the purpose of the permit remains unchanged from year to year, the approved activity site or route does not change, the logistical support remains unchanged, environmental conditions do not change significantly, activity remains consistent with land use plans, laws and regulations, the previous year's permitted activity complied with the permit stipulations, the permittee is in good standing on all other permits (if applicable) and fees. The Commercial Recreational Use Permit is contingent upon the permittee complying with all other local city, county and state requirements. Holding a Commercial Recreational Use Permit will not exclude any general public in the area from participating. The City of Stillwater, approved programs, park/recreation reservations or special events will have priority for use of public land, park areas or related water. Use is conditional based on weather conditions and maintenance practices. The City of Stillwater may amend, suspend or cancel a Commercial Recreational Use Permit if necessary to protect public health, public safety, the environment, or if the permittee violates permit stipulations. Applicants must file a public liability insurance policy covering all operations of the applicant hereunder for the sum of at least $500,000.00 combined single limit coverage. If this insurance is canceled and the permittee fails to replace it with another policy that conforms, the permit is automatically suspended until the liability insurance is replaced. Permittee is prohibited from conducting business in any of the following manners: • Conducting business before six o'clock in the morning (6 a.m.) or after ten o'clock at night (10:00 p.m.). • Calling attention to his or her business or items to be sold by means of blowing any horn, whistle, ringing any bell, crying out, or by any other noise, so as to be unreasonably audible. • Obstructing the free flow of either vehicular or pedestrian traffic on any street, alley, sidewalk, trail, or other public right of way. z For example $30 each time fitness class meets. Commercial Recreational Use Permit Policy Page 3 of 3 • Failing to provide proof of registration and photo identification, when requested by law enforcement agency, city staff; or using the registration of another person. A CRUP permit is non -transferable to any person(s) other than the person(s) to whom the permit was issued. • Post, stick, stamp, paint or otherwise affix or cause the same to be done by any person, any notice or advertisement upon any part of any public way or public place except as may be authorized or required by laws or city code. Permittee shall make certain that all trash is picked up after use. Permittee shall remove any excessive garbage that does not fit within the City receptacles and dispose in their own off -site trash dumpster. Any permit issued may be suspended or revoked at the discretion of the City Council for violation of fraud, misrepresentation, or incorrect statements on the application form or false statements made during the course of the permitted activity. The City Council reserves the right to deny permission to any applicant if the number of participants in any public park, land or parking lot will cause congestion, impede, or inconvenience the public. Adopted by the Stillwater City Council this of, Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk i 1 1 a t e r 1NE OIRTNELACE OF MIMNESOTA CITY COUNCIL MEETING MINUTES June 16, 2015 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Absent: Councilmember Weidner Staff present: City Administrator McCarty City Attorney Magnuson Community Development Director Turnblad Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders Finance Director Harrison City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of minutes of June 2, 2015 regular and recessed meeting and June 4, 2015 special meeting Motion by Councilmember Junker, seconded by Councilmember Menikheim, to approve the minutes of the June 2, 2015 regular and recessed meeting, and the June 4, 2015 special meeting. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Resolution 2015-111, Presentation of Human Rights Award - Cynthia Parsons Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2015- 111, Stillwater Human Rights Award. Ayes: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Nays: None City Council Meeting June 16, 2015 Councilmember Polehna explained the purpose of the Human Rights Award. He read the resolution and presented the Human Rights Award to Cynthia Parsons in appreciation of her outstanding leadership and dedication to human rights. Ms. Parsons thanked the Council for the Award. She recognized community volunteers, Ascension Episcopal Church and First Presbyterian Church. Log Jam Update and possible approval of temporary liquor license and/or appendix for the sale of margaritas Erin McQuay and Brad Glynn, The Locals, updated the Council on Log Jam. They have applied for the 1-4 day temporary liquor license for the event. In addition to beer and wine being sold throughout the event, the Stillwater Lions Club like to serve margaritas Friday, Saturday and Sunday of the event, with proceeds from sales benefitting The Locals, Washington County Historical Society, and St. Mary's of Stillwater. The City of Cottage Grove is holding a similar event whose impacts may be available for comparison soon. An appendix to the temporary liquor license is being sought to allow for the sale of margaritas. Councilmember Junker asked how the margaritas will be served, and Mr. Glynn explained that a pre -mix will be used. In addition, there will be a separate one -hour margarita contest engaging bartenders. Police Chief Gannaway voiced an objection to the addition of margaritas, indicating that it was added after the event schedule was already established with minimum police staffing. Councilmember Menikheim asked if the resolution could be passed for the beer and wine license, but hold off for more details on the decision of whether to allow the sale of margaritas. Mayor Kozlowski stated he does not feel that sales of margaritas would have any greater impact than sales of beer and wine. Police Chief Gannaway responded that hard liquor adds a different element to the event. He reiterated that there will be minimal police staffing. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to approve the temporary liquor license. All in favor. Council consensus was to postpone action until the July 7 meeting on the appendix to the temporary liquor license request to allow the sale of margaritas. Proclamation: Stanford "Buster" Lassen Day Mayor Kozlowski noted the passing last week of Mr. Lassen. He read a proclamation designating June 17, 2015 as "Stanford `Buster' Lassen Day." OPEN FORUM Regarding a later agenda item, Stacy Hedner, Expo and VIP Director with the North Star Bicycle Race, stated they have new sponsors this year and a new charity partner, the Special Olympics. One of the sponsors would like to hold a small corporate event in Stillwater with about 50 people which would involve complimentary beer and wine being provided in an enclosed parking lot on Olive and Second Streets. No hard liquor would be served. They understand it is a last minute request with the event coming up on Sunday. The festival is willing to hire a Washington County deputy at its own cost. Page 2 of 10 City Council Meeting June 16, 2015 STAFF REPORTS Police Chief Gannaway informed the Council that plans for the 4th of July are all set. The Department will have as many hands on deck as possible. Mayor Kozlowski suggested the City close the parking lot behind the Freight House for pedestrians and fireworks watchers. Police Chief Gannaway replied that would result in a loss of significant parking. He does not see a big issue with pedestrians in that parking lot. Fire Chief Glaser added that his Department will add staff for the 4th of July, will inspect the fireworks, and will work cooperatively with the Washington County Sheriff's office to patrol the river. The City is responsible for getting buoys there to keep people out of the fallout area, which is standard every year. Community Development Director Turnblad informed the Council that the Downtown Parking Commission has tabled an ordinance amendment addressing parking vehicles in front yards; a first draft of the ordinance will probably be available for Council discussion in early fall. The Minnesota Historical Society has awarded the City a $66,500 grant to develop a statewide preservation commission training program. A resolution accepting the grant award will be available at the next meeting. Public Works Director Sanders reported that a retired landscape architect and former parks director for Washington County has volunteered to assist with the landscaping plan for Lowell Park. Public Works staff will pick up trash and make sure bathrooms are well supplied for the 4th of July celebration. City Attorney Magnuson explained the concept of a Municipal Commercial Rehabilitation Loan Program, in response to recent discussion of setting up a tax increment financing (TIF) district for the whole downtown. Under the program, loans may be made for economically inefficient, functionally obsolete and deteriorating or under -used buildings. The enabling statute allows the City to contract with a private entity or Washington County HRA to do due diligence on the loans. It would be on a contract basis so it would not require adding City staff. Staff will provide more information and report back at future meetings. Councilmember Menikheim pointed out the Council should discuss economic development for the whole city, not just downtown. As the Council deepens its understanding of economic development, it will need information to give to business owners to encourage them to come to Stillwater. City Administrator McCarty followed up on the strategic planning that Council and staff have been involved with over the past few months. Next, staff will work through action steps to achieve the goals that were set. CGI Video will be here this weekend to shoot video clips to update the City web site. He reminded the Council of the League of Minnesota Cities Conference in Duluth next week. CONSENT AGENDA Resolution 2015-112, directing payment of bills Resolution 2015-113, approving the 2015-2016 Labor Agreement between the City of Stillwater and LELS Police Sergeants Local 254 Resolution 2015-114, approval of reappointment to Board of Water Commissioners Resolution 2015-115, approval of CDBG cooperative agreement with Washington County Possible approval of quote for irrigation system Possible approval of Myrtle Street Lift Station improvements Page 3 of 10 City Council Meeting June 16, 2015 Resolution 2015-116, accepting Work and Ordering Final Payment for South Lowell Park Restroom Improvement Project At the request of Councilmember Menikheim, Resolution 2015-115, approval of CDBG cooperative agreement, was pulled from the Consent Agenda. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt the Consent Agenda as amended. Ayes: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Nays: None Councilmember Menikheim stated he does not understand what the CDBG program is about. He asked if HRA staff from Washington County could come and educate the Council about the City's options, and Community Development Director Turnblad responded that he feels that Washington County staff would be happy to come and address the Council. He explained the CDBG program. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution 2015-115, approval of CDBG cooperative agreement with Washington County. Ayes: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Nays: None PUBLIC HEARINGS Case No. 2015-02. A public hearing to consider the 2015 Street Improvements Public Works Director Sanders reviewed the 2015 Street Improvement project. The total project cost will be $578,000. 100% will be assessed to properties in the Industrial Park, and 80% will be assessed to properties on Second and Fourth Streets. Construction should occur in August, September, and October. Councilmember Junker stated his constituents have stated that Fourth Street is in need of improvements, and Public Works Director Sanders replied that the City will probably look at doing Fourth Street in the next three to four years. Mayor Kozlowski opened the public hearing. There were no public comments. The public hearing was closed. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2015- 117, ordering improvement and preparation of plans and specifications for the 2015 Street Improvement Project (Project 2015-02). Ayes: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Nays: None Case No. 2015-13. A public hearing to consider a request from the City of Stillwater for amendment to City Code Section 31-209, Design Permit, and Section 31-509, Sign Regulations, removing design review requirements for signage in the West Stillwater Business Park District Community Development Director Turnblad stated staff requests this be tabled. The Heritage Preservation Commission and Planning Commission are still working on some of the details. Page 4 of 10 City Council Meeting June 16, 2015 Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to table Case No. 2015-13, request from the City of Stillwater for amendment to City Code Section 31-209, Design Permit, and Section 31-509, Sign Regulations, removing design review requirements for signage in the West Stillwater Business Park District. Ayes: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Nays: None UNFINISHED BUSINESS Possible approval of second reading of Ordinance 1078, an Ordinance Amending the Stillwater City Code Chapter 43 — Liquor, various sections and subdivisions City Attorney Magnuson explained that the amendment reflects changes made by the last legislature related to brew pubs, tap rooms and small brewers. City Clerk Ward stated the Council needs to set a license fee for brew pubs. Staff recommends keeping it in line with the On -Sale license. Also, hours of operation need to be set for Sunday growlers. This too should be added to the ordinance. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Ordinance 1078, an Ordinance Amending the Stillwater City Code Chapter 43 - Liquor, various sections and subdivisions as amended relating to hours of operation for the Sunday Growler off -sale. Ayes: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Nays: None Possible approval of second reading of Ordinance 1079, an Ordinance Amending the Stillwater City Code Sec. 59-1, Subd. 1(e) (Chapter 59 — Traffic) City Attorney Magnuson explained the purpose of the Ordinance allowing the Council to set fee for the special vehicle by Council resolution.. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Ordinance 1079, an Ordinance Amending the Stillwater City Code Sec. 59-1, Subd. 1(e) (Chapter 59 - Traffic). Ayes: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Nays: None Possible approval of second reading of Ordinance 1080, an Ordinance Amending the Stillwater City Code Sec. 56-4, Penalty for late payment of utility bills City Attorney Magnuson explained the purpose of the Ordinance. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Ordinance 1080, an Ordinance Amending the Stillwater City Code Sec. 56-4, Penalty for late payment of utility bills. Ayes: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Nays: None 4th of July update and revised budget City Administrator McCarty reminded the Council that the adopted 2015 budget included $42,000 for the 4th of July Fireworks event - $30,000 of City funds and $12,000 in donations. To date, the City has received $8,250 in donations. In addition, there has been some discussion of enhancing Page 5of10 City Council Meeting June 16, 2015 the 4th of July event to include additional fireworks, Civil War cannons and a band, at an additional cost of $10,500. As proposed, an enhanced 4th of July event would have a total expense of $52,500 and current available revenue is $38,250. The funding gap is currently $3,750 for the base 4th of July event and $14,250 for the enhanced event. Possible financing sources for either option include additional donations and potential line item transfers within the 2015 adopted special events budget. Other discussion items related to the 4th of July event include consideration of closure of the city parking lot east of the Freight House to provide space for people to set up chairs during the day in anticipation of the fireworks show in the evening. Mayor Kozlowski reminded the Council of the discussion about providing live music while people wait for the fireworks to begin. Councilmember Polehna added that people liked the Civil War cannons used in the past too. Donors have agreed to provide the additional funds, but the City does not have the check yet. Councilmember Menikheim stated he felt that the additional $10,000 could be used somewhere else. He asked about funding sources within the City budget. City Administrator McCarty noted that the Special Events budget includes some dollars for the event coordinator position, which have not been spent at this point. But that may not be adequate to cover the $14,000 shortfall for the enhanced level of the celebration. He suggested the Council consider approving the enhancements conditionally, if the additional donations are available. Councilmember Polehna noted the cost of the Civil War cannons is $2,000. That could be eliminated if needed, however the expectation is that the donations will come in. Councilmember Junker stated he would prefer having live music over cannons if there are not funds for both. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to approve the amended budget, not dipping into any reserve funds, on the condition that the donated funds come in by June 19. All in favor. Mayor Kozlowski stated he thinks the City should close the parking lot by the Freight House for the event to provide more room for viewers to sit, and Police Chief Gannaway replied that closing the lot would reduce parking revenues. Councilmember Junker stated, as a member of the Downtown Parking Commission, he would hate to give up parking. Mayor Kozlowski asked about closing Sam Bloomer Way. Council consensus was to barricade Sam Bloomer Way for the event. NEW BUSINESS Possible approval of Off -Sale Growlers on Sunday — Lift Bridge City Clerk Ward stated an amendment to the small brewer off -sale liquor license for Lift Bridge Brewing is needed to match the ordinance amendment just passed. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2015- 118, approving Amendment to Small Brewer Off -Sale Liquor License to Lift Bridge Brewing Technologies, LLC. Ayes: Councilmember Menikheim, Junker, Polehna, Mayor Kozlowski Page 6 of 10 City Council Meeting June 16, 2015 Nays: None Discussion of Rumble on the Deck Special Event July 10 City Clerk Ward explained that Rumble on the Deck has occurred for 20 years. Last year, City parking lots were used. This year they are proposing the use of their parking lot (which requires them to request an expansion of their liquor license premises for this event). They have provided a Plan A or Plan B for Council consideration. Depending upon the Council's decision, if they use their parking lot or the City's parking lots (Plan A or Plan B), will determine the need for a contract and Downtown Parking Commission review. It should be noted that allowing the use of the liquor area expansion more than occasionally would impact conditions of the Freight House's Special Use Permit and require mitigation of their parking spaces. Staff recommendation is to limit the liquor license premise expansion to times per year. The following fees apply for law enforcement for the event: $3,151.92 for Police Services (two for alcohol, four for noise enforcement and one parking enforcement) for a total of six officers. Eric Cameron, Freight House, clarified that Plan A would use the first row of the east lot between the Freight House and the river; Plan B is to use the Water Street and Chestnut lot. The preference is to use the Freight House lot and keep the event contained within Freight House property (Plan Al). The police services are in addition to their own private contracted security. Police Chief Gannaway recommended denial of the application, and stated that he has nothing against the Freight House. The event within their property is well run and well managed, but it has grown too large in the past couple of years, causing many community complaints. The bikes park everywhere throughout the downtown including on the grass. Mr. Cameron stated the Freight House wants to do everything in its power to manage the perimeter and keep it on their property. In promoting the event, they will include information about City parking regulations and noise ordinances. Councilmember Menikheim remarked that last year, he was very impressed by the general courtesy that he observed throughout the whole City. The vast majority seemed to be paying attention to the rules. The word needs to be put out again this year to let people know the rules will be observed and enforced. Mr. Cameron noted that last year, during the event, they were continually making announcements reminding event goers about the noise ordinance. Councilmember Polehna stated that it is good to bring people into town. But the noise is unnecessary and he gets complaints about it. He asked Mr. Cameron if event staff can go around and tell people to knock it off. Mr. Cameron agreed they do everything in their power to communicate that expectation. When event -goers are off Freight House property and leaving town, they are on their own to be mindful of speed limits and ordinances. He will ensure all entities involved in the event are clear on what to present to the public. Mayor Kozlowski stated the event is well managed but the City needs to work on enforcing noise regulations day to day. Police Chief Gannaway stated he will try to get a Safe and Sober detail for the event. Councilmember Polehna pointed out the City is not motorcycle -unfriendly, it is just noise - unfriendly. Page 7 of 10 City Council Meeting June 16, 2015 Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Resolution 2015-119, resolution amending resolution 2015-096, approving the addition of the Freight House Parking Lot — Liquor License Premises, using Plan Al, the Freight House parking lot, and to limit the extension of the liquor license premises into the parking lot only two times per year. Ayes: Councilmember Menikheim, Junker, Polehna, Mayor Kozlowski Nays: None Discussion on the Amendment to North Star Bicycle Race City Clerk Ward stated staff has received a request to amend the North Star Bicycle Race contract to allow alcohol and appetizers (catered) in a VIP area. The request has come in very late, and has even changed since a conversation with Chief Gannaway. Staff has concerns with the request coming in so close to the actual event. Stacy Hedner, Expo & VIP Director, expressed concern about using a bike barrier, as it is expensive and heavy to haul. They have the orange fencing they would prefer to use. Councilmember Menikheim commented he feels the request is reasonable for bringing a national event to Stillwater. He supports the request. Councilmember Polehna agreed the City is lucky to have the event here. Motion by Councilmember Polehna, seconded by Councilmember Junker to approve the amendment, and to allow one snow fence to be used as a barrier around the VIP tent. All in favor. Bergstein Reuse Study Draft Community Development Director Turnblad presented the first draft of the Bergstein Shoddy Mill and Warehouse Reuse Study. The principals would like to know whether the Council is comfortable with their draft recommendation of partial rehabilitation to include the exteriors of both buildings and the lower level of the warehouse. This would leave the interior space of both buildings finished in an open way to allow for maximum flexibility of use, such as: basic services for trail users, historic interpretation, program and exhibit space, and a National Park Service visitor contact station. The Heritage Preservation Commission supports the recommendation for partial rehabilitation. They would like to see Phase 1, work on the exteriors, done first with the inside done as Phase 2. The final report will have estimated costs of partial rehabilitation. The next step would be for the City to create a temporary steering committee that would identify programs and guide development of design documents. Councilmember Dunker commented the seafoam green color has to go, and Mr. Turnblad responded that the Heritage Preservation Commission agrees. They want to see something done with the outside of the building soon. Councilmember Menikheim noted he is concerned about security. The City will have to spend some money to address the issues of appearance and security as soon as possible. Community Development Director Turnblad stated if the biggest concern is the green color, something could probably be done about that relatively inexpensively. It would probably mean painting siding that is going to be removed eventually. Councilmember Menikheim added that demolition must remain an option if people are not excited about the buildings. Page 8 of 10 City Council Meeting June 16, 2015 Community Development Director Turnblad acknowledged that the demolition option and other alternatives will remain in the report, staff will just not do the number crunching on the other scenarios. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to direct consultants to finish the final draft based on the recommendation for partial rehabilitation. All in favor. Possible approval of amendment to DNR Permit Community Development Director Turnblad explained that in 1989, St. Croix Boat and Packet got their current dock permit for four permanent excursion boats and 18 transient slips. Two excursion boats have been added, so they agreed to reapply to the DNR for a permit. The City must be a co -applicant on the permit. Staff recommends remaining as co -applicants in the existing relationship and allowing the permit to be filed with the DNR. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Resolution 2015-120, resolution authorizing the submittal of a Minnesota Department of Natural Resources Public Waters Work Permit application. Ayes: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Nays: None Councilmember Menikheim brought up concerns about the bottleneck in the area with boats, bikes, and people. The Council should be thinking about this, and Community Development Director Turnblad replied that there has been quite a bit of thought given to that. The Bridgeview Park plan looks at these uses and includes one alternative that may be reasonable. Staff recognizes there will be a lot of people during peak periods, and keeping people safe and moving is important. COUNCIL REQUEST ITEMS Councilmember Polehna informed the Council that the Beyond the Yellow Ribbon Committee will be leading the Log Jam Days parade. A Veterans Color Guard, the Minneapolis Mounted Patrol and Washington County Mounted Sheriff's Posse also will participate in the parade. He would like members of the Council to all participate in the parade as a group. Councilmember Menikheim stated things are going a lot better this year with Log Jam Days. He appreciates what The Locals are doing. He would like to purchase five Log Jam t-shirts for Councilmembers to wear in the parade. He acknowledged that Dave Ratte is doing a great job coordinating the parade. Public Works Director Sanders reminded the Council of the June 24 open house for the Washington County Road 12 corridor project. ADJOURNMENT TO EXECUTIVE SESSION Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn to Executive Session at 9:15 p.m. All in favor. Ted Kozlowski, Mayor Page 9 of 10 City Council Meeting June 16, 2015 ATTEST: Diane F. Ward, City Clerk Resolution 2015-111, Stillwater Human Rights Award — Cynthia Parsons Resolution 2015-112, Directing the Payment of Bills Resolution 2015-113, approving the 2015-2016 Labor Agreement between the City of Stillwater and LELS Police Sergeants Local 254 Resolution 2015-114, approval appointment to Board of Water Commissioners Resolution 2015-115, approval of CDBG cooperative agreement with Washington County Resolution 2015-116, Accepting Work and Ordering Final Payment for South Lowell Park Restroom Improvement Project Resolution 2015-117, Ordering Improvement and Preparation of Plans & Specifications for the 2015 Street Improvement Project (Project 2015-02) Resolution 2015-118, Approving Amendment to Small Brewer Off -sale Liquor License to Lift Bridge Brewing Technologies, LLC Resolution 2015-119, resolution amending resolution 2015-096, approving the addition of the Freight House Parking Lot — Liquor License Premises Resolution 2015-120, Resolution Authorizing the Submittal of a Minnesota Department of Natural Resources Public Waters Work Permit Application Ordinance 1078, an Ordinance Amending the Stillwater City Code Chapter 43 - Liquor, various sections and subdivisions Ordinance 1079, an Ordinance Amending the Stillwater City Code Sec. 59-1, Subd. 1(e) (Chapter 59 - Traffic) Ordinance 1080, an Ordinance Amending the Stillwater City Code Sec. 56-4, Penalty for late payment of utility bills Page 10 of 10 EXHIBIT "A" TO RESOLUTION #2015-121 Date 1 LIST OF BILLS Ace Hardware Supplies 55.03 Action Rental Inc. Concrete & equipment rentals 1,607.00 AIR Corval Constructors Equipment repair charges 1,426.55 Antonsen Bob & Mel Park Fee Refund 150.00 Aramark Uniform polos with logo 504.13 Arrow Hockey and Sport Skates 334.25 Aspen Mills Uniforms & Badges 2,295.67 Astleford International Oil filter 41.58 AutoNation Vehicle repair 480.90 Batteries Plus Bulbs Batteries 156.24 Best Buy Business Advantage TVs and brackets for new fire hall 2,324.00 Board of Water June 2015 WAC 1,287.00 Boyer Trucks Dash panel 201.54 Brock White Co. LLC Pleximelt 1,870.00 Carquest Auto Parts Equipment repair supplies 388.98 Century Link Phone 122.28 Century Power Equipment Regulator 57.59 City of Maplewood Class B live fire & EMTF training site manager 850.00 Cole Papers Supplies 555.30 Comcast TV Internet & Voice 658.96 Creative Services of New England K9 stickers 225.95 Delta Dental Plan of Minnesota AP COBRA 210.50 Dreamseat Chairs for fire hall 10,120.80 ECM Publishers Publications 226.10 Fastenal Company Supplies 35.69 FleetPride Equipment repair supplies 149.80 Foremost Promotions Tattoos - nite to unite 159.78 Frontier Ag & Turf Bolts, Filter, and belts 222.91 Fury Dodge Chrysler Vehicle service 36.57 Galls LLC Uniforms 169.96 Gateway Cycle Bicycle tune ups and helmet 349.95 Gertens Wholesale Flowers 2,045.30 Gimmees.com Nite to unite 702.27 Goodyear Commercial Tire Tires 466.00 Haussner Plumbing LLC Drinking fountain & bottle filler install 3,555.00 Holiday Companies Car washes 5.00 Holiday Credit Office Fuel 25.99 Ice Skating Institute Memberships 1,508.00 Iceman Industries Inc. Ice melt 3,710.00 Innovative Office Solutions LLC Office supplies 195.32 J.H. Larson Company Fluorescent lamp 30.37 J.P. Cooke Co. Dog license tags 60.50 Jiffy Lube Vehicle service 74.88 John Deere Landscapes Park facility supplies 49.18 L.T.G.Power Pole saw repair supplies 26.40 EXHIBIT "A" TO RESOLUTION #2015-121 Date 2 Lennar of Minnesota M.J. Raleigh Truck Co. Magnuson David Mansfield Oil Company Marshall Electric Company McCarty John Thomas Menards Met Council Minnesota Wanner Co. MN BCA MN Dept of Labor & Industry MN Dept of Transportation MN DNR - OMB MN Pollution Control Agency MTI Distributing Municipal Emergency Services NAPA Auto Parts Newman Signs North American Safety Nuss Truck & Equipment Oakes Thomas Office Depot Papco Inc. Pereboom Jesse Plunketts Pest Control Polehna Michael Port Supply Public Agency Training Council R&R Specialties Inc. RDO EQUIPMENT CO. Regency Office Products LLC Riedel) Shoes Inc. River Valley Printing Inc. Roberts Company Inc. Safe Fast Inc Siegfried Constuction Sir Lines -A -Lot St. Croix Boat and Packet Co. St. Croix Recreation STAR Stillwater Collision Stillwater Motor Company Sykes Kyle A T.A. Schifsky and Sons Themed Concepts Thul Specialty Contracting Tri-State Bobcat Grading escrow refund Black dirt Professional services Fuel Install new panels & boxes in ballards Reimburse for conference expenses Supplies June 2015 SAC Equipment repair supplies Training 2015 2nd qtr bldg surcharge Traffic signal maintenance Public waters work ind permit - dock platform Wastewater certification Ball bearing Tele-Pro fluid Auto parts and supplies Sheeting Safety equipment Equipment repair supplies Park Fee Refund Ink Chemical injector valve Reimburse for expenses Inspected and treated for ants Reimburse for conference expenses Oil Seminar - Recruiting & Hiring for Law Enforcement Equipment repair supplies Equipment repair supplies Office supplies Skates Inswpection worksheets Badges Supplies Move picnic shelter to Millbrook Park Crosswalk markings April & May ramp cleaning Bottle filler drinking fountain Ice making and painting training program Vehicle repairs Vehicle repair Reimburse for helmet & running shoes Asphalt Materials for Teddy Bear Park Washington Ave storm sewer repairs Supplies 4,500.00 48.00 7,558.33 5,780.47 26,950.00 32.02 2,274.08 2,460.15 102.46 435.00 4,206.00 56.37 150.00 23.00 44.84 234.00 84.02 616.50 786.00 95.40 50.00 224.68 65.42 10.37 160.00 232.62 103.19 295.00 166.85 17.46 75.86 184.08 348.00 16.40 348.66 6,000.00 2,970.00 1,560.00 4,256.00 1,415.00 2,373.70 952.88 155.94 10,318.39 5,750.00 74,450.00 56.47 EXHIBIT "A" TO RESOLUTION #2015-121 Date 3 Tri-State Pump and Controls Inc. USAble Life Veterans Memorial Water Works Irrigation LLC Weiss Sherri Winnick Supply Wulfing David LIBRARY Baker and Taylor Blackstone Audio Blocher Carolyn Brodart Co Cartridge World Hudson Demco Inc. Grainger Henry Marvin Menards Midwest Tape M in itex MN Dept of Labor and Industry Office of MN IT Services Petrie Angela Quill Corporation Toshiba Business Solutions Uline Inc Washington County Library Water Works Irrigation LLC Xcel Energy JUNE MANUALS Lift station repairs Term Life Insurance 90% Super Valu Bathrooms at Lowell Park Learn to Skate Refund Equipment repair supplies Reimburse for expenses Materials - Juv Materials - Audio (Friends) Mileage/Parking Materials - Adult Fic Supplies Processing Supplies Building Repair Supplies Mileage Janitorial Supplies Materials - Audio Continuing Education Elevator Contract Telephone Reward Books Reimbursement (SPLF - JSRP) June Office Supply Order Maintenance Contract Janitorial Supplies Cybrarian License Irrigation Contract Gas 11,342.64 436.80 4,347.00 365.15 70.40 778.24 375.88 592.90 63.20 67.30 2,877.67 97.98 95.83 214.50 25.30 44.19 255.53 25.00 200.00 341.88 151.98 48.96 224.92 106.27 360.00 188.90 3,889.34 GFOA CAFR Review 435.00 ii 1Water Administration ration Date: July 1, 2015 TO: Mayor and City Council FROM: J. Thomas McCarty, City Administrator SUBJECT: Non -Exclusive Wharfage Permit - St. Croix Sailing Club Mr. John Henley, St. Croix Sailing Club has submitted a request for a non-exclusive wharfage permit to accommodate 12-15 sailboats at the Levee adjacent to South Lowell Park for August 22 and 23, 2015 They requested and Council approved a wharfage permit last year. I am not aware of any complaints or problems from last year. There is no charge for this permit. RECOMMENDATION: Staff recommends approval of the request and issuance of the Non -Exclusive Wharfage Permit. RESOLUTION 2015-122 APPROVAL OF NON-EXCLUSIVE WHARFAGE PERMIT BETWEEN THE CITY OF STILLWATER AND JOHN HENLEY, ST. CROIX SAILING CLUB BE IT RESOLVED, by the City Council of Stillwater, Minnesota that the Non - Exclusive Wharfage Permit between the City of Stillwater and John Henley, St. Croix Sailing Club, as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign the permit. Adopted by the City Council of the City of Stillwater this 7th day of July, 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk NON-EXCLUSIVE WHARFAGE PERMIT THIS PERMIT, made this 7th day of July, 2015, by and between the City of Stillwater, a Minnesota municipal corporation ("City"), and JOHN HENLEY, ST. CROIX SAILING CLUB, ("Permittee"). WITNESSETH, the City, in consideration of the following covenants, does hereby allow Permittee to temporary wharfage on the St. Croix River. 1. Description of Vessels. A non-exclusive wharfage permit to accommodate 12-15 sailboats. 2. Description of Mooring Site. Levee adjacent to South Lowell Park. 3. Term. This permit will be for the following term: August 22 & 23, 2015. 4. Cancellation. The City reserves the right to cancel this Wharfage Permit at any time after 24 hours written notice of cancellation. 5. Fee. Prior to the permit taking effect, the Permittee must pay to the City Clerk a permit fee of $0. 6. Utilities. Permittee is solely responsible for its own utility charges, including electricity, water, gas, and garbage collection. 7. Non -Exclusive. Permittee may use the premises described in common with the public and other boat users and any wharfage fee will not grant any special use or favor to the Permittee beyond the rights of the public, except as specifically granted in the permit. 8. As Is. The City makes no warranty relative to the river and the Permittee takes the same as is and assumes all risks incidental thereto. 9. Hold Harmless and Indemnity. Permittee will indemnify and hold harmless the City from any and all claims or causes of action or damage arising out of the Permittee's activities of the premises. 10. Swimming or Diving Prohibited. The Permittee will not allow any swimming or diving from any moored vessel and will post in a conspicuous place on the vessel a sign for the purpose of warning patrons that must read as follows: "NO SWIMMING OR DIVING WITHIN 100 FEET OF LEVEE." 11. Additional Requirements. The City reserves the right to impose additional restrictions upon the Permittee, if necessary, to protect the health, safety or welfare of the inhabitants of the City. IN TESTIMONY WHEREOF, both parties have hereunto set their hands and seals the day and year hereinbefore written. CITY OF STILLWATER: By Ted Kozlowski, Mayor and Diane F. Ward, City Clerk PERMITTEE: ST. CROIX SAILING CLUB By John Henley Its STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) On this day of July 2015, before me a Notary Public, within and for said County and State, personally appeared Ted Kozlowski and Diane F. Ward, to me personally known to be the Mayor and City Clerk of the City and that the instrument was signed by authority of the City Council. Notary Public STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) On this day of July 2015, before me a Notary Public, within and for said County and State, personally appeared John Henley, the , duly authorized agent of St. Croix Sailing Club. Notary Public Memorandum To: Mayor and City Council From: Diane Ward, City Clerk Date: 7/2/2015 Subject: Amendment to Small Brewer Off -sale Liquor License - Sunday Growler Sales DISCUSSION: An application for an amendment to the Small Brewer Off -sale Liquor License for Sunday Sales has been received from Maple Island Brewing, LLC. RECOMMENDATION: Staff recommends approval conditioned upon approval Minnesota Liquor Control. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting a resolution entitled "Approving Amendment to Small Brewer Off -sale Liquor License to Maple Island Brewing LLC" contingent upon Minnesota Alcohol & Gambling Enforcement Division approval. RESOLUTION 2015-123 APPROVING AMENDMENT TO SMALL BREWER OFF -SALE LIQUOR LICENSE TO MAPLE ISLAND BREWING LLC WHEREAS, a request has been received from Maple Island Brewing, LLC for an amendment to their Off -sale Liquor License to include Sunday sales as permitted by Minnesota Statutes §340A.301, subdivision 6d, with hours of operation determined by the City Council on June 16, 2015; and WHEREAS, approval is contingent upon fulfilling all requirements to hold a Small Brewer Off -sale Liquor License, and approval from the Minnesota Alcohol & Gambling Enforcement Division. NOW THEREFORE, BE IT RESOLVED, that the City Council of Stillwater, Minnesota, hereby approves an amendment to their Off -sale Liquor License to include Sunday sales with the operation hours as previously determined by the City Council. Adopted by Council this 7th day of July, 2015. Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk Date: July 1, 2015 TO: Mayor and City Council FROM: Tom McCarty, City Administrator SUBJECT: Amendments to Nationwide Retirement Solutions (NRS) 457(b) Plan Loan Program Nationwide Retirement Solutions (NRS) manages the 457(b) Deferred Compensation Program on behalf of the City of Stillwater. Periodically, NRS reviews the plan design and plan procedures relative to Internal Revenue Service requirements, other laws and financial best practices and provides recommendations for changes or updates to the current program. The attached amendments to the City's Deferred Compensation Plan relate to the participant loan program within the Deferred Compensation Plan. RECOMMENDATION: Staff has reviewed the attached Deferred Compensation Plan loan program amendments and procedure changes with the Staff of Nationwide Retirement Solutions (NRS) and recommends approval of the proposed amendments and changes. There is no fiscal impact to the City of Stillwater relative to the proposed changes to the Deferred Compensation Plan loan program changes. ACTION REQUIRED: City Council adoption of the attached resolution approving the 457(b) Deferred Compensation Plan Participant Loan Program amendments to procedures and requirements. RESOLUTION NO. 2015-124 APPROVING NATIONWIDE RETIREMENT SOLUTIONS (NRS) 457(b) PLAN LOAN PROGRAM AMENDMENTS FOR CITY OF STILLWATER PLAN PARTICIPANTS BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the attached Amendments to the Participant Loan Administrative Procedures and Participant Loan Program Requirements Plan Document for Nationwide Retirement Solutions (NRS) 457(b) Deferred Compensation Program is hereby approved. Adopted by the City Council this 7th day of July 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk CITY OF STILLWATER 457(b) AMENDMENT TO THE PARTICIPANT LOAN ADMINISTRATIVE PROCEDURES This Amendment to the Participant Loan Administrative Procedures ("Amended Loan Procedures") is adopted by the City of Stillwater, the Plan Sponsor (hereinafter "Plan Sponsor") and is effective the 24th day of September, 2009. WHEREAS, Plan Sponsor adopted Participant Loan Administrative Procedures ("Loan Procedures") on the 2nd day of August, 2005, whereby Plan Sponsor agreed on certain administrative procedures that shall govern participant loans offered in the Plan Sponsor's 457(b) Plan. WHEREAS, Plan Sponsor desires to enter into this Amended Loan Procedures to amend certain loan administrative procedures. NOW THEREFORE, Plan Sponsor hereby amends the Loan Procedures effective the 24th day of September, 2009, and agrees to the following terms: 1. Loans for the Purchase of a Principal Residence. Section 15 of the Loan Procedures is hereby deleted in its entirely and replaced with the following: All loans issued by the Plan will be general loans to be repaid in no more than five (5) years unless the Sponsor affirmatively elects to offer loans for the purchase of the participant's principal residence, which may be repaid in no more than fifteen (15) years. Such loans shall be solely secured by the participant's vested account balance. All administrative procedures set forth herein shall apply to such loans. Will the Sponsor permit loans for the purchase of the Participant's principal residence? Indicate below: Yes X No ❑ 1 Acceptance of Amendment to Procedures. The Plan Sponsor acknowledges the following: (i) that the Plan Sponsor has decided to offer loans under the Plan and is instructing NRS to administer loans under the Plan; (ii) that it previously executed a Plan Loan Program; and (iii) that it has now amended the Loan Procedures through this Amendment to the Loan Procedures. Plan Sponsor Name ("Sponsor"): City of Stillwater 457(b) Street Address: City, State, Zip Code: Plan Name ("Plan"): Plan Number: Plan Sponsor Signature: Title: Date of Signature: Email Address: 2 Nationwide' is on your side June 2015 CITY OF STILLWATER 457(b) PLAN LOAN PROGRAM Nationwide Retirement Solutions (NRS) is committed to placing the interest of our members in the forefront of everything we do. NRS consistently strives to improve upon our service to you and your Plan loan participants and to be viewed as your expert partner. With that goal in mind we proactively conducted a review of the City of Stillwater Plan loans to ensure they continue to operate in a manner consistent with the Plan's loan provisions. As of April 2015, the Plan had 14 loans; 10 were active. The Plan's loan program was reviewed in the areas of: loan terms, loan minimum and maximum amounts, loan count limits, loan fees, loan source restrictions, tax reporting, defaults, overpayments, and payment shortages. We are pleased to report that the majority of loans are in good standing; however we do have two items that will require the Plan to provide direction to NRS. The following information outlines what has occurred, and in some cases opportunities we found to improve or correct our processes. We apologize for any inconvenience this may cause. Please know that we are committed to providing as much information as you need and helping implement any decisions you make in a timely manner. In this document we will share with you: LOAN REVIEW DETAIL Items found during our review that will require the Plan to make a decision on behalf of impacted participants. 10. LOAN PROGRAM REQUIREMENTS FOR DISCUSSION Opportunities to ensure the most effective future operation of the Plan's loan program. LOAN REVIEW DETAIL The following represents an opportunity to apply correction methods as set forth in EPCRS* for participant loans experiencing issues impacted by contributing factors outside of the participant's control to be remedied (operational failure). Loan Defaults Description: Participant loans for which total repayment amounts are inadequate to satisfy the loan within the term and the Plan's cure period of 30 days and which are subject to default. There is one active loan beyond both the maturity date and the Plan's cure period and currently subject to default due to a single missed repayment (during the loan's maturity month). C4) PLAN SPONSOR DECISION POINT NRS is prepared to reach out to the participant and request the missed repayment in the amount of $145.16. If the missed repayment is not received within 30 days, the outstanding loan balance including interest will be defaulted and tax reported in the current tax year. Primary Residence Loans NRS has operated the Plan's loan program to allow Primary Residence loans to participants for up to a 15-year repayment term; however, the Participant Loan Administrative Procedures are not clear on the Plan's intent to allow participant's to take a primary residence loan. There are two active loans established as primary residence loans. q,) PLAN SPONSOR DECISION POINT The Plan may wish to consider: allowing the active primary residence loans to remain in effect by adopting a retroactive amendment effective September 24, 2009; or defaulting the loan to inception and tax reporting in the correct/current tax year. Retroactive tax reporting may require the participant to amend his/her tax filing. The Plan may wish to consider adopting plan loan procedures explicitly allowing participants to take a primary residence loan going forward. City of Stillwater Plan Loan Program 12 `LOAN PROGRAM REQUIREMENTS FOR DISCUSSION NRS desires clarification from the Plan regarding the following plan loan requirements and would also like to highlight changes being made to Plan Loan Procedures for the Plan to consider. We will incorporate your decisions in how your loan program operates and in new Plan Loan Procedures for your review and adoption in the upcoming months: Changes Occurring Now + Loan Frequency The Plan's loan procedures restrict both the number of loans that can be initiated in a 12 month period to two and the maximum number of loans outstanding at a time to one. Rather than administering the Plan's loan program to two loans initiated in a period, NRS has been administering to one loan outstanding at a time which aligns to the new plan loan procedures. NRS has removed from the new Plan loan procedures the provision to limit the loan count maximums within a 12 month period. Decisions Needed + Roth Funded Loans The City of Stillwater 457(b) Roth Amendment signed on October 24, 2011 included the permissibility for loans to be funded from Roth sources. NRS recognized the challenges associated with loans funded from Roth and developed the capability to include Roth funds in the modeling calculation but to exclude in the funding at initiation. The Plan may wish to direct NRS to exclude Roth source(s) from loan funding at initiation but continue to include when calculating a participant's maximum loanable amount when modeling. Please check all that apply Loan Modeling Calculation: Sponsor elects to allow participants to use the following money sources when modeling a loam a) [ ] Before Tax Deferral b) ) Pre -Tax Rollover c) [ ] Roth d) [ ] Roth Rollover Loan Funding at initiation: Sponsor elects to allow participants to use the following money sources when initiating a loan: e) [ ] Before Tax Deferral f) [ Pre -Tax Rollover g) [ I Roth h) [ ] Roth Rollover City of Stillwater Plan Loan Program 13 ❖ Loan Eligibility The Plan's current loan procedures state that "Any Participant in the Plan is eligible to receive a loan from the Plan." NRS desires confirmation of the Plan's intent regarding eligibility of participants who have terminated, retired, or who are on disability or a medical leave of absence to initiate loan. The Plan's loan program is currently administered to consider employed, medical leave of absence, and military leave as eligible participants. Please check all that apply Sponsor elects to allow the following Plan participants the ability to initiate a loan under the Plan. a) [X] Employed b) Al Approved Non-military Leave of Absence c) [)(] Military Leave of Absence d) [ ] Disabled e) [ ] Retired f) [ ] Terminated ❖ Loan Interest Rate The IRS has provided unofficial guidance relating to the reasonability of loan interest rates suggesting that two percent above prime may be considered a more commercially reasonable rate. The Plan may wish to direct NRS to adjust its loan interest rate to prime plus two percent. Sponsor elects to provide the following variance to the Prime Rate to be utilized to establish the Loan Interest Rate: a) [X] One (1) Percent b) [ ] Two (2) Percent ❖ General Purpose Minimum Loan Term NRS will be adjusting the minimum loan term from six months to one year in its revised Plan loan procedures. The Plan may wish to consider increasing the minimum loan term from six months to one year. Sponsor elects to have a minimum loan term for general purpose loans of: a) [ ] Six (6) Months b) [X] One (1) Year • Online Loan Access Currently online loan modeling and initiation has not been established. The Plan may wish to consider offering this functionality to Plan participants. Sponsor elects to allow participants to utilize online access for: a) [)'] Only modeling of loans (applies to General Purpose and Primary Residence loans). b) [ j Both modeling and initiation of loans (online initiation is not available for Primary Residence loans due to additional documentation requirements). City of Stillwater Plan Loan Program 4 By signing below, I acknowledge the elections made above are to be implemented in the Plan's loan program on the date signed. Signature: Date: While loans are widely known throughout the industry to be very complex to administer, our goal is to continue providing the high -quality loan administration and record keeping services to the City of Stillwater's Plan. We appreciate the opportunity to serve you and apologize for any inconvenience our review may have caused. Thank you for entrusting Nationwide to help your participants prepare for and live in retirement. *The IRS established the Employee Plans Compliance Resolution System ("EPCRS"), found in Rev. Proc. 2013-12, to correct certain operational and plan document failures (section 6.07 of EPCRS addresses the correction of operational failures relating to loans). Governmental 401(k) plans are eligible to use the Employee Plans Compliance Resolution System ("EPCRS"). While EPCRS, does not generally apply to 457(b) plans, Governmental 457(b) plans follow an EPCRS-like approach to correct certain operational and plan document failures. The purpose of EPCRS is to allow plans that have either operational failures or plan document failures to correct the failures while still retaining the plan's qualified or eligible status. Under EPCRS, operational failures relating to loans can only be corrected through the Voluntary Correction Program ("VCP"). To the extent the Plan considers taking corrective actions that are not specifically outlined in the EPCRS guidance, it may want to consider whether to seek IRS approval of such correction method through its VCP filing. City of Stillwater Plan Loan Program 15 LEAGUE OF MINNESOTA CITIES CONNECTING & INNOVATING SINCE 1913 LIABILITY COVERAGE - WAIVER FORM LMCIT members purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. Please return the completed form to your underwriter or email to pstech@Imc.org This decision must be made by the member's governing body every year. You may also wish to discuss these issues with your attorney. League of Minnesota Cities Insurance Trust (LMCIT) members that obtain liability coverage from LMCIT must decide whether to waive the statutory tort liability limits to the extent of the coverage purchased. The decision has the following effects: If the member does not waive the statutory tort limits, an individual claimant would be able to recover no more than $500,000 on any claim to which the statutory tort limits apply. The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits apply regardless of whether the city purchases the optional excess liability coverage. If the member waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $2,000,000 for a single occurrence. (Under this option, the tort cap liability limits are waived to the extent of the member's liability coverage limits, and the LMCIT per occurrence, limit is $2 million.) The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $2,000,000, regardless of the number of claimants. If the member waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. Insurance Trust (LMCIT). selects liability coverage limits of $ from the League of Minnesota Cities Check one: The member DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes, Section 466.04. The member WAIVES the monetary limits on municipal tort liability established by Minnesota Statutes, Section 466.04 to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council/governing body meeting Signature Position 145 UNIVERSITY AVE. WEST ST. PAUL, MN 55103-2044 PHONE (651) 281-1200 FAX: (651) 281-1299 TOLL FREE: (800) 925-1122 WEB: WWW.LMC.ORG STAFF REQUEST ITEM Department: MIS Date: 07/01 /15 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of three scanners, 2 in Finance and 1 in administration, for use with Laserfiche FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Total cost of the three scanners will be $1,725.00. Money has been allocated for this in 2015 capital outlay. ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Rose Holman ,:„Art Date: 7/1/15 /5- /D CITIESiI ITAL 2000 O'Neil Rd., Suite 150 Hudson, WI 54016 Prepared For: City of Stillwater 216 N. Fourth Street Stillwater, MN 55082 Date: 7/1/2015 Quote Number : Revision; QUO-04546- F6X3 0 Contact: Phone: (855) 714-2800 Fax: 866-592-7343 Sales@CitiesDigital.com www.CitiesDigital.com Product Product ID Quantity Unit Price Ext Amount Canon Scanner DR-C130 Color Document Scanner, 30 PPM Hardware DR-C130 1 $555.00 $555.00 Subtotal Freight Tax TOTAL All sales are final, VPCI and Cities Digital do not accept returns of software and all sales are final. If your product is damaged we will replace it within 30 days of purchase at no charge. Prices are subject to change. Sean Scampton I Solutions Consultant 2000 O'Neil Road, Suite 150 I Hudson, WI 54016 651.714.2800 x115 I F 866.592.7343 www.citiesdigital.com I sean@citiesdigital.com yPCI CITIESOIGITA►L STAFF REQUEST ITEM Department: Fire Date: July 2, 2015 DESCRIPTION OF REQUEST (Briefly outline what the request is) Council approval for Fire Chief to renew a two (2) year professional services agreement with Regions Hospital Emergency Medical Services to provide continuing EMS education for Fire Department personnel. Regions EMS is the medical direction for SFD staff and all Department personnel are required to maintain a minimum level of EMS continuing education per year to remain certified. This agreement assures personnel are meeting the minimum State certification requirements. 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) The cost per year for the agreement is $1,200.00 and is outlined on page three of the attached contract. The Department includes annual professional services contract costs in the line item operations budget and has the funds to pay for this service. ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Stuart W. Glaser, Fire Chief Date: July 2, 2015 RESOLUTION 2015-125 APPROVAL OF EMS EDUCATION AGREEMENT WITH REGIONS HOSPITAL EMERGENCY MEDICAL SERVICES BE IT RESOLVED, by the City Council of Stillwater, MN that agreement between Regions Hospital Emergency Medical Services and the City of Stillwater for EMS Education for the Fire Department, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor to sign the contract on the City's behalf. Adopted by the City Council of the City of Stillwater this 7th day of July, 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk CONTINUING MEDICAL EDUCATION AGREEMENT BETWEEN REGIONS HOSPITAL, THROUGH REGIONS HOSPITAL EMERGENCY MEDICAL SERVICES AND STILLWATER FIRE DEPARTMENT THIS CONTINUING MEDICAL EDUCATION AGREEMENT ("Agreement"), effective April 1, 2015 ("Effective Date"), is between the Regions Hospital, ("Regions"), through its Regions Emergency Medical Services Program ("Regions EMS"), and Stillwater Fire Department (the "Agency"). Regions and Agency, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, agree as follows: SECTION 1- Services 1.1 CME Training. Regions EMS will provide the following Continuing Medical Education ("CME") training to Agency providers ("Students"): a. Basic Life Support ("BLS") CME to cover twenty-four (24) hours of the two- year education requirement for Emergency Medical Technician to satisfy the Minnesota State re -certification requirements. b. Conduct skills testing as part of the CME training c. Provide multiple CME training sessions within a Contract Quarter (as defined below) for Students to have more than one option for attending. For purposes of this Agreement "Contract Quarter" means each three-month period of the term of this Agreement beginning on the Effective Date. d. BLS CME that challenges Students, and uses reasonable efforts to ensure diversity with respect to instructors and resources 1.2 Scheduling. Regions EMS will provide unique CME in the areas noted above on a quarterly basis (i.e., four (4) Contract Quarters per year) following the academic calendar for Minnesota State registration purposes. The CME cycle begins April of each year. A session will be 3.0 hours in length. 1.3 Number of Trainees. Each CME training session will be open to a maximum of twenty-four (24) Students, unless otherwise agreed to by the parties. Agency will provide Regions EMS with a roster of expected Students to allow Regions EMS to coordinate the attendance of providers from other services. 1.4 Attendance Reports. Regions EMS will provide accurate reports of Students attendance at the training sessions for re -certification. 1.5 Training Site. Except as otherwise specified in Paragraph 1.2 of this Agreement, training will be held at Stillwater Fire Department 250 Maryknoll Drive North Stillwater, MN 55082 (the "Facility"). The Facility will accommodate up to twenty-four (24) Students, and contain seating that is conducive to lecture, and two separate spaces that accommodate up to twelve (12) Students, (1) Instructor, and training equipment. 1.6 Equipment. Regions EMS will provide all reasonably necessary equipment for the CME training sessions, including AV, manikin, etc., unless such equipment is otherwise provided by Agency. 1.7 Evaluation and Tracking. Regions EMS will be responsible for educational evaluation, tracking, and reporting to Agency. Regions EMS will provide feedback to Agency on the status of attendance prior to the last CME session of each Contract Quarter. 1.8 Agency Contact. Agency designates Tom Ballis, Deputy Fire Chief as the primary Agency contact related to the CME training activities contemplated in this Agreement ("Agency CME Coordinator"). The Agency CME Coordinator will be responsible for pre -registration of the Students for BLS CME and communication with Regions EMS regarding attendance status, pre -registration at other training sites, and recertification reports. 1.9 Regions EMS Contact. Regions EMS designates Lauren Halvorsen, Education Assistant, as its primary contact for CME scheduling, pre -registration, tracking issues, and recertification administrative paperwork ("Regions EMS Contact"). The Regions EMS Contact can be reached by calling 651-254-7786 or via email at EMSEducation@HealthPartners.com. 1.10 Specific Medical Direction or Consultation Requirements. Regions is not required to provide medical direction or consultation services under this Agreement. Medical direction and/or medical consultation services will be provided under a separate agreement. SECTION 2 - Compensation 2.1 Fee. In consideration for the services provided under this Agreement, Agency will pay Regions $100.00 (the "Fee") per Student each year during the term of this Agreement. The Fee may be prorated on a quarterly basis. 2.2 Student Count. Agency's final Student roster count will be determined upon the execution of this Agreement. The Agency's roster may be increased during the term of this Agreement as a result of new hire with the Agency. The Agency's roster may be decreased during the term of this Agreement as a result of change of employment status with the Agency. The Agency will be responsible for communicating roster changes directly to Regions EMS. Fees will not change during the term of the Agreement as a result of roster changes. 2 It is agreed that Agency has 12 Students and will pay Regions $ 1200.00 per Contract Year (as defined below). 2.3 Credit. If Agency is currently a party to a medical direction or medical consultation agreement with Regions EMS, and wishes to continue this Agreement, a teaching credit (prorated quarterly), will be applied against the Fee. 2.4 Payment Schedule. The billing cycle is as follows (check applicable billing cycle): ❑ Thirty days prior to start of each Contract Quarterly ® Thirty days prior to start of each Contract Year (as defined below) ❑ Upon execution of this Agreement for the entire term of the Agreement Regions EMS will invoice Agency and Agency will pay Regions based on the billing cycle selected above. 2.5 No Referrals for Compensation. The parties agree that the Fee has been determined in arms length bargaining, and is consistent with fair market value in arms -length transactions. Furthermore, the Fee is not, has not been, and will not be, determined in a manner that takes into account the volume or value of any referrals or business otherwise generated for or with respect to Regions or between the parties for which payment may be made, in whole or in part under Medicare or any state health care program or under any other payor program. SECTION 3 — Term and Termination 3.1 Term. This Agreement will commence on the Effective Date and will remain in effect for twenty-four (24) months ("Initial Term"). Thereafter, Regions EMS will initiate renewal of this Agreement for successive twenty-four (24) month periods unless either party provides the other written notice of non -renewal at least thirty (30) days prior to the end of the then current Contract Year. For purposes of this Agreement, the term "Contract Year" will mean each twelve (12) month period of the term of this Agreement beginning on the Effective Date. 3.2 Termination without Cause. Either party may terminate this Agreement at any time without cause by providing the other party written notice of termination at least sixty (60) days prior to the date of termination. Notwithstanding the foregoing, any termination of this Agreement pursuant to this Section will be effective only at the end of the then current Contract Quarter. Further, no termination pursuant to this Section may be effective prior to the end of the first Contract Year of this Agreement. 3 3.3 Mutual Agreement. The parties may terminate this Agreement by mutual agreement at any time; however, no termination pursuant to this section may be effective prior to the end of the first Contract Year of this Agreement. SECTION 4 - Miscellaneous Provisions 4.1 Students Not Employees. Neither the Students nor the Agency staff are employees or agents of Regions for any purpose. None of the Students or Agency staff who participate in the CME training pursuant to this Agreement are entitled to remuneration or any other benefits, which may have accrued, or be available to any employee of Regions. 4.2 Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes any prior agreements between the parties and any of their respective affiliates or related companies related to the subject matter herein. This Agreement may not be changed, added to, amended, or modified except by a subsequent written instrument signed by an authorized representative of each of the parties hereto. 4.3 Governing Law. This Agreement will be governed, construed and enforced in accordance with the laws of the State of Minnesota, without regard to its conflict of laws provisions. 4.4 Notices. Any and all notices, requests, demands or other communications required or permitted to be given by this Agreement or any agreements referred to herein or entered into pursuant hereto, or by any rule or law, of any kind ("Notices") will be given in writing and will be deemed to have been given if and when personally delivered, sent by first class prepaid mail, by telegram, or by facsimile, and actually received. Notices will be sent/delivered to the party at the address set forth below or to such other address and to such other person as such party will notify the other Party: To Regions Hospital To Agency Emergency Medical Services 640 Jackson Street #13801B St. Paul, MN 55101— 2595 Attn: Education Manager Stillwater Fire Department City Hall 216 N. 4th Street Stillwater, MN 55082 Attn: Stuart Glaser, Fire Chief 4 IN WITNESS WHEREOF, the parties have executed this Agreement on the date indicated below. REGIONS HOSPITAL By: Its: Date: AGENCY By: Its: Date: 5 liwater H E 8 I A e H P I ACE 8 F MINNESOTA CITY COUNCIL DATE: July 7, 2015 TO: City Council FROM: Abbi Jo Wittman, City Planner RE: Consideration of acceptance of a Minnesota Historical Society Arts and Cultural Heritage Fund Heritage Partnership Program grant for the Heritage Preservation Commission Training Program (MHS Grant No. 1501-06100) BACKGROUND The City created the Heritage Preservation Commission (HPC) to help preserve local heritage and safeguard the community's character. The City's HPC is a designated Certified Local Government (CLG), meaning the state and federal government have tasked the Stillwater HPC with making its own decisions about local preservation matters. The work of the Commission has great impact on the community. Throughout the years, however, the HPC's roles and responsibilities have evolved to include a variety of activities ranging from conducting design review of new development in non -historic areas, contributing to the review of proposed demolitions as well as long-range preservation planning and heritage tourism activities. This has been done with little to no formalized training for the Commissioners. Often tasked to look at complex applications that may have legal ramifications, ensuring the Commission members are well trained is extremely important to the credibility of the Commission and the City. Staff sought guidance from the State Historic Preservation Office (SHPO) for more formalized training opportunities for Commissioners. With no statewide training program, the limited opportunities are often located elsewhere in the state or country, making them too expensive or cumbersome for the City's volunteers to attend. In partnership with the cities of Eden Prairie and Mankato, and guidance from the SHPO staff, city staff submitted an application for the development of a statewide training curriculum for HPC members. The purpose of the grant is to develop a comprehensive online training curriculum, with accompanied manual, for HPC members across the state of Minnesota. GRANT AWARD Staff is pleased to inform the Council the City has been awarded a $66,500 grant to develop this statewide training program with the partnering organizations. While there are no monetary contributions of any of the partnering organizations, the grant is matched with in -kind labor of staff and the HPC members. This is a customary way the City has met matching grant requirements for nearly all preservation -related grant projects including the Bergstein Reuse Study and historic audio-visual walking tours. While the online training curriculum will be designed for HPC members throughout the state, the resource will be made available to the public at large. This will allow for staff, City Council members as well as citizens to become more familiar with the history of preservation, the roles and responsibilities of the HPC, as well as special legal and design issues. In addition to the online forum and downloadable manual, a training session will be available at the annual statewide preservation conference. COUNCIL ACTION The Council should discuss the acceptance of this grant. If the Council determines acceptance of the grant is desirable, the Council should move to adopt the attached Resolution and authorize city staff to enter into agreement with the Minnesota Historical Society for the Heritage Partnership Program grant. ATTACHMENTS Resolution 2015 Grant No. 1501-06100 Tentative Work Plan and Timetable Anticipated Curriculum Table of Contents Arts and Cultural Heritage Fund Heritage Partnership Program City Council Grant Acceptance July 7, 2015 Page 2 MINNESOTA HISTORICAL SOCIETY HERITAGE PARTNERSHIP PROGRAM GRANT AGREEMENT Account No. Fiscal Year Object Code MHS Grant No. Amount 02611 2015 5260 1501-06100 $66,500 grant $4,824 match This agreement is made by and between the Minnesota Historical Society, 345 Kellogg Boulevard West, Saint Paul, Minnesota 55102, hereinafter called the SOCIETY, acting through its Director, and, City of Stillwater, 216 North Fourth Street, Stillwater, Minnesota, 55082 herein called the GRANTEE. WHEREAS, the Minnesota Legislature, under Minnesota Laws 2013, Chapter 137, Article 4, Section 2, Subdivision 5, approved funding to the SOCIETY for partnerships involving multiple organizations to preserve and enhance access to Minnesota's history and cultural heritage in all regions of the state, and WHEREAS, the GRANTEE is collaborating with the City of Eden Prairie and the City of Mankato to develop a Heritage Preservation Commission Training Program, and WHEREAS, the GRANTEE applied for a Heritage Partnership Program grant as part of the Fiscal Year 2015 grants round seeking funding to complete their proposed project, and WHEREAS, the SOCIETY's Grants Review Committee reviewed the application, heard testimony from the applicant and partners and recommended full funding for the project proposal at their meeting on April 16, 2015, and WHEREAS, the SOCIETY's Executive Council adopted the Grants Review Committee's recommendation and approved funding support from the SOCIETY's Arts and Cultural Heritage Fund appropriation for history partnerships, NOW THEREFORE, the GRANTEE agrees to partner with other key stakeholders to develop a Heritage Preservation Commission Training Program in accordance with the program outlined in this agreement and the following policies and procedures: A. The project period for this activity is from June 1, 2015 to June 30, 2016. B. The project will be carried out in accordance with the provisions of the Heritage Partnership Program Manual. The project will also be carried out in accordance with the GRANTEE'S Heritage Partnership Program Grant Application. Page 1 of the application is included as Attachment A, and the entire application is hereby incorporated by reference. C. The official project budget as approved by the SOCIETY supersedes the GRANTEE'S grant application budget and is included as Attachment B and hereby incorporated by reference. D. Only the items set forth in the Approved Project Budget (Attachment B) may be charged against the grant project. E. Any project expense not specifically approved in the Approved Project Budget will not be allowed except upon prior written request by the GRANTEE and prior written approval by the SOCIETY. F. Changes in the Approved Project Budget may not exceed twenty (20) percent of any line item. Changes occurring after the project begins that exceed twenty (20) percent of any line item will not be allowed except upon prior written request by the GRANTEE and prior written approval by the SOCIETY. G. Changes in the Project Completion Date will not be allowed except upon prior written request by the GRANTEE and prior written approval by the SOCIETY. H. No grant funds may be used to pay indirect costs, commonly referred to as overhead. II. ASSURANCES A. The GRANTEE understands that this agreement is funded by a grant financed by the State of Minnesota. B. The GRANTEE agrees that this project will be administered and conducted in accordance with the following: 1. Minn. Stat. 161198 for Grants Management. 2. Secretary of the Interior's Standards for Archaeology and Historic Preservation. C. The GRANTEE shall hold the SOCIETY and the State of Minnesota harmless from any loss, damage, or expense including reasonable attorneys' fees and other costs of defense, arising as the result of any claim, action, complaint, proceeding, or litigation of any kind whatsoever, directly or indirectly brought about as a result of the funded project. D. The GRANTEE agrees that in hiring of common or skilled labor for the performance of any work on the grant project that no contractor, material supplier or vendor shall, by reason of race, creed, color, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age, discriminate against any person or persons who are citizens of the United States, or resident aliens, who are qualified and available to perform the work to which the employment relates. The GRANTEE agrees no contractor, material supplier or vendor shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in the preceding paragraph, or on being hired, prevent or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, color, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age. 2 E. This Agreement may be canceled or terminated by the SOCIETY, and all money due, or to become due hereunder may be forfeited for a second or any subsequent violation of the terms of this section. F. The GRANTEE assures that no part of the project budget will be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device intended or designed to influence in any manner a member of the Minnesota Legislature, to favor or oppose, by vote or otherwise, any legislation or appropriation by the Legislature, whether before or after the introduction of any bill or resolution proposing such legislation or appropriation. This shall not prevent communicating to members of the Minnesota Legislature on the request of any member or to the Legislature, through the proper official channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business. G. The GRANTEE agrees to post a sign in a prominent location while project work is in progress substantially incorporating the following acknowledgment: "This project has been financed in part with funds provided by the State of Minnesota from the Arts and Cultural Heritage Fund through the Minnesota Historical Society." H.. The GRANTEE agrees that any publicity releases, informational brochures, public reports, publications, and public information relating to approved projects must acknowledge funding assistance from the State of Minnesota from the Arts and Cultural Heritage Fund. Any written materials shall include the following: "This project has been financed in part with funds provided by the State of Minnesota from the Arts and Cultural Heritage Fund through the Minnesota Historical Society." iii_ PROCEDURES FOR CONTRACTING SERVICES AND MATERIALS A. Any services and/or materials that are expected to cost $20,000 or more must undergo a formal notice and bidding process. In addition, any services to be performed by such professionals as architects, consultants, engineers, historical researchers, etc. that are expected to cost between $5,000 to $19,999 must be scoped out in writing and offered to a minimum of three (3) bidders. Evidence of the offering along with copies of the bids received must be included in the GRANTEE's financial records for the project. B. For purchases between $500 and $5,000, the GRANTEE must maintain financial records that verify the cost was competitively based on at least three verbal quotes. For purchases greater than $5,000 and less than $20,000, the GRANTEE must maintain financial records that verify the cost was competitively based on at least three written quotes submitted in response to written specifications. IV. PAYMENT SCHEDULE A. GRANTEE will receive payments from the SOCIETY in accordance with the following for up to eighty percent (80%) of the grant award. Project Milestone Payment 3 1. Execute Grant Agreement. $26,600 (40%) 2. Submission of the RFP to the Grants Office for review $13,300 (20%) prior to advertising the program proposal. 3. Grantee must submit a draft copy of the web and print $9,975 (15%) publications to the Grants Office for review prior to finalization. 4. Presentation of findings to grants office staff at History $3,325 (5%) Center, Contact grants office through grants portal to make a visit arrangement 30 days prior to presentation. B. Documentation satisfying the milestone must be submitted to the grants portal (https://mnhs.fluxx.io). A Milestone/Condition Report has been setup for each of the milestone. Log into the portal and go to the Reports section to locate the Milestone/Condition reports for your project's milestones. C. Retainage. A total of twenty percent (20%) of the grant funds will be released as the final payment after work is complete and fiscal documentation and the project completion report, have been reviewed and accepted by the SOCIETY. V. FINANCIAL DOCUMENTATION AND FINAL REPORTING A. The GRANTEE will submit a completed final report including documentation for project expenditures and project products on or before July 30, 2016. (Work on the project must be concluded by June 30, 2016) B. The final report must be completed electronically in the Minnesota Historical Society's Grants Portal (https://mnhs.fluxx.io). 1. The financial documentation for project costs to be uploaded with the final report shall include acceptable types of documentation such as: (1) copies of invoices/receipts, (2) copies of project personnel timesheets (if applicable), (3) copies of in -kind and/or donated services timesheets (if applicable), and (4) copies of donated materials forms. 2. The final products to be uploaded with the final report are electronic copies of the consultant's report and training materials. VI. AUDIT A. The GRANTEE must maintain records and accounts consistent with generally accepted accounting principles, and to provide for such fiscal control as is necessary to assure the proper disbursing of and accounting for grant funds. The GRANTEE must maintain records and accounts for this project on file for a minimum of six (6) years after approval of the Final Report. B. The GRANTEE agrees to maintain records to document any matching funds claimed as part of the project. The GRANTEE further agrees to secure reasonable written proof of the value of Staff or Volunteer Labor, and for Donated Materials contributed to the project. 4 C. The GRANTEE agrees that accounts and supporting documents relating to project expenditures will be adequate to permit an accurate and expeditious audit. An audit may be made at any time by the SOCIETY, its designated representatives, or any applicable agency of the State of Minnesota. VII, AMENDMENTS AND CANCELLATION A. Amendments Any significant variations from proposed work, costs, and/or time frames described in this agreement which are experienced or anticipated during the course of the project and any significant problems, delays, or adverse conditions which materially affect planned performance should be submitted in writing to Grants Office, Minnesota Historical Society, 345 Kellogg Boulevard West, Saint Paul, Minnesota 55102. The SOCIETY will respond in writing, either approving or not approving the changes, and may amend the agreement if deemed necessary. Variations which are not known until the conclusion of the project may be submitted with the Financial Documentation; however, the GRANTEE understands that costs may be disallowed if changes are not approved. Any amendments to this agreement shall be in writing, and shall be executed by the same parties who executed the original agreement or their successors in office. B. Cancellation The SOCIETY may withhold, cancel, or revoke in whole or in part the grant amount if it determines that the GRANTEE has materially breached any term or condition of this agreement. GRANTEES will be given a 30-day notice. In lieu of cancellation, GRANTEES may be given proposed remedies to ensure successful completion of the project. In addition, both parties may mutually agree to cancel the agreement if they determine that the project will not produce beneficial results commensurate with further expenditure of funds or because of circumstances beyond the control of either party. In the event of cancellation, the SOCIETY may withhold proceeds of the Grant; demand that the GRANTEE return any already disbursed proceeds to the Finance Commissioner; and seek any additional legal or equitable remedy(ies). Finally, the GRANTEE hereby acknowledges that the proceeds of the Grant are being financed in part with funds provided by the State of Minnesota and administered through the SOCIETY, and that, per 2013 Minnesota Laws, Chapter 137, Article 4, Section 2, Subdivision 5, the funding will be canceled to the extent a court determines that the appropriation, or portion thereof, unconstitutionally substitutes for a traditional source of funding. I have read the above agreement and agree to abide by all of its provisions. Upon execution, this Agreement controls all activities during the project period. 5 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed on the date(s) indicated below intending to be bound thereby. Minnesota Historical Society 345 Kellogg Boulevard West Saint Paul, Minnesota 55102 City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082 D. Stephen Elliott, Director and State (date) (signature - authorized official) Historic Preservation Officer Barbara Mitchell Howard, Director (date) Historic Preservation Department and Deputy State Historic Preservation Officer Mary Green Toussaint (date) Acting Contracting Officer 6 (print name) (date) (title) City of Stillwater R- H P-1501-06100 I $66,500 I Heritage Partnership Heritage Preservation Commission Training Program Status: Heritage Partnership Program Applicant Information Pending Final Review A TTA H iI`JT A 14 Applicant: City of Stillwater Applicant Organization Type: Local/Regional Government Governance/Board Members: Ted Kozlowski (Mayor), Doug Menikheim (Ward 1), David Junker (Ward 2), Tom Weidner (Ward 3), and Michael Polehna (Ward 4) Partners: City of Eden Prairie Eden Prairie Heritage Preservation Commission 8080 Mitchell Road Eden Prairie, MN 55344 Contact: Lori Creamer, lcreamer@edenprairie.org 952.949.8481 City of Mankato Mankato Heritage Preservation Commission PO Box 3368 Mankato, MN 56002 Contact: Mark Konz, mkonz@city.mankato.mn.us 507.387.8611 Relationships District 39 District 39B * Partnership Program Title (Be Heritage Preservation Commission Training Program descriptive and succinct): * Brief Program Summary: The program will create multi -module, educational training materials to introduce preservation commissioners, staff and appointed members to historic preservation concepts, terminology and principles. Geographic Focus of Project: Statewide Program: Heritage Partnership Category: Shared Services ATTACHMENT B BUDGET LINE ITEMS Grant Grant Amt Match: Match: Match: Total Budget Item Amt Recommended Cash In Donation Match Requested Kind Consultant Services $60,000 $60,000 $0 Travel, Lodging and Per Diem $6,500 $6,500 $0 Photocopies and Supplies $500 $500 Procurement Costs $200 $200 Facilities Rental $500 $500 HPC Commissioner Time $504 $504 Project Management (Stillwater City Staff) $3,120 $3,120 Total: $66,500 $66,500 $0 $3,624 $1,200 $4,824 City of Stillwater APPROVING THE HERITAGE PARTNERSHIP PROGRAM ACCEPTANCE FORM FROM THE MINNESOTA HISTORICAL SOCIETY WHEREAS, the City of Stillwater seeks to develop a comprehensive training program for the Stillwater Heritage Preservation Commission; and WHEREAS, in conjunction with the City of Eden Prairie and the City of Mankato, the City of Stillwater submitted a grant application to the Minnesota Historical Society's Heritage Partnership Program for the development of a statewide training curriculum for Heritage Preservation Commissions; and WHEREAS, the City of Stillwater has been awarded a $66,500 from the Minnesota Historical Society for the development of a statewide training curriculum; and WHEREAS, the City of Stillwater will utilize $4,825 of in -kind services and donated materials. BE IT RESOLVED by the City Council of Stillwater, MN that the grant agreement between the City of Stillwater and the Minnesota Historical Society for the Heritage Preservation Commission Training Program, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, the Mayor are hereby authorized to sign said grant agreement on behalf of the City of Stillwater. Adopted by the Stillwater City Council on this 7th day of July, 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk ANTICPATED WORK PLAN AND TIMETABLE July 2015: Consultant begins project research in consultation with partners December 2015: Consultant submits draft online training course and manual to partners February 2016: Partners submit comments to consultant for inclusion in final online training course and reference manual March 2016: Consultant submits final online course and manual to partners and SHPO September 2016: Consultant presents information about program and utilizes online course materials to conduct training sessions for annual statewide preservation conference attendees TENATIVE TABLE OF CONTENTS Introduction Chapter 1. Why Are We Here? A. Introduction B. Why Do We Preserve Historic Resources? C. What Does Historic Preservation Mean? D. What is a "Historic Property"? E. What Are Our Goals for Preservation? F. How Did We Get Here? G. Role of the Commission H. Preservation Incentives and Benefits Chapter 2. Legal Foundations A. How Do We Decide What Is Historically Significant? B. How Do We Officially Recognize Properties of Historic Significance? C. How Does Local Designation Work? D. What Legal Issues May Be Raised? Chapter 3. Designating Properties A. Designating Historic Properties B. Inventories C. Types of Historic Properties D. Significance and Integrity E. Defining Historic Districts and Using Boundaries Chapter 4. Treatment of Historic Properties A. Determining What's Important to Preserve B. Basic Preservation Principles C. Alternative Treatments for a Historic Property D. Applying These Principles Chapter 5. Nuts and Bolts for Commissions A. The HPC and Its Staff B. The Basic Legal Tools C. Design Guidelines D. Defensible Decision -Making Chapter 6. Project Review A. What is the HPC's Scope of Authority? B. When is a Certificate of Appropriateness (COA) Required? C. What Are the Steps in the Review? D. What Are the Standards for Review? E. Citing Design Guidelines F. Potential Actions Chapter 7. Special Legal Issues A. Economic Hardship B. Demolition by Neglect C. Enforcement Chapter 8. Special Design Issues A. Substitute Materials B. Sustainability and "Green" Issues Glossary titwatet THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: Mayor and City Council FROM: Tim Moore, Public Works Superintendent f lut ►V, DATE: July 2, 2015 SUBJECT: Installation of Irrigation from Mulberry to Laurel DISCUSSION Parking lots and trail improvements are now complete from Mulberry to Laurel Street. In order to maintain this area efficiently and economically and at a higher level of quality, an irrigation system is proposed. The City has received two quotes for installation of an irrigation system in the green space along the trail. Water Works irrigation was the low quote for $13,200.00. Water Works has installed several irrigation systems for the city and is very qualified for this project. RECOMMENDATION Staff recommends the approval of the quote for installation of the irrigation system from Water Works Irrigation for $13,200.00. Funds will come from the Parks Capital Outlay Fund. jijwakr THE BIFIIHPLACE Of- MINNESOIA MEMORANDUM TO: Mayor and City Council FROM: Tim Moore, Public Works Superintendent DATE: July 2, 2015 SUBJECT: Repair of play structures at Teddy Bear Park DISCUSSION Teddy Bear Park has several custom play features that require special expertise to repair. We have received two quotes from qualified contractors in this kind of work. The repairs include painting and staining of play structures, minor repairs on the play structures, both structurally and aesthetically. Themed Concepts was the low quote for $11,500.00, who is the original contractor that constructed the play structures. RECOMMENDATION Staff recommends approval of the quote from Themed Concepts for $11,500.00 to perform the repairs at Teddy Bear Park. The funds will come from the Teddy Bear Park Miscellaneous Maintenance Fund. STAFF REQUEST ITEM Department: St. Croix Valley Rec Ctr Date: 07/01/2015 DESCRIPTION OF REQUEST (Briefly outline what the request is) To purchase a KAI KV1250 #010869 to clean the restrooms $2656.51, and unger window washing pole and resin bag $2,268.08 Quote 60718.1 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) Funding has been budget through Capital Outlay - $5,000 orginally for rink netting, however the netting was purchased through the operating budget, therefore the purchase of this equipment would fall under the Capital Outlay line item of "Netting". ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Douglas Brady Date:07/O1/2015 THE KAIVAC® 1250 EQUIPMENT SPECIFICATIONS • DESCRIPTION Water Tank Spray Time Flow Rate Pressure (at gun) Vac Tank See -Through Vac Tank Dump Hose Toilet Dumping Vac Tank Cleanout Method of Dumping Vac Motor Lift Vac CFM HEPA Blow Feature DVD Player HEPA Filtered Exhaust CHEMICAL 12 Gallons (45, 42 I) 16 Minutes .75 GPM (2,8 1/min) 500 psi (34,5 bars) 8 Gallons (30,27 I) Yes 26" (66 cm) Long 100%@27secs Yes Drain Hose 108" (274 cm) 112 cfm (3172 1/min) 300 mph (482,7 km/h) Optional Yes - Replaceable Molded -In Chemical Holder Chemical Switching Safety Cap System Metering Tip Settings s ELECTRICAL Gallon (1), Quart (2) Single/Quick Change Yes 5 Settings (Safety Certified by Entela to ANSI/UL #1017) Volts (U.S.) Volts (Universal) Amps Total GFCI • CORDS AND HOSES 110 Volt - 60 Hz 100-240V; 50-60Hz 14.5 amp Yes Vac Hose Spray Line Quick -Connect Gun Electric Cord Blow Hose BODY 35 ft. (10,67 m) Slinky 32 ft. (9,75 m) Yes 25 ft. (7,6 m) 33 ft. (10 m) Slinky Rotational Mold Removable Engine Compartment Weight Size (H x L x W) Hard Rubber Tire Casters Stair Climbing Wheels Handle Parking Brake Yes Yes 93.5 lb. (42.41 kg) 38" x 22" x 20" (96,5 x 55,9 x 50,8 cm) (2) 5" (12,7 cm) (2) 4" (10,2 cm), locking Yes Molded -In Yes • TOOLS INCLUDED Vac Wand Aluminum 14 Inch Squeegee Head Blow Nozzle Training Materials KaiBrush Window Squeegee Metering Tip Kit KaiDrain 15 Gallon Tote Bag 2-Piece Yes Yes Video and Placard Yes Yes Yes Yes Yes WARRANTY WITH KAIVAC CHEMICAL USAGE Body Parts Labor 10 Years 3 Years 1 Year kaivac cleaning systems' Complete Cleaning For Healthy Results- Kaivac, Inc. • 401 South Third Street • Hamilton, OH 45011 • 1-800-287-1136 • (513) 887-4600 • Fax (513) 887-4601 • www.kaivac.com © 2007 Kaivac, Inc. Page 1 of 2 Customer Account # Bill To dalco Making You Shine Quotation ST CROIX RECREATION CENTER 1025082 DOUGLAS BRADY ATTN: DOUGLAS BRADY 1675 MARKET DRIVE STILLWATER, MN 55082 651.430.2601 Quote # 60718.1 Date 05/26/2015 Reference Quote 60718.1 - ST CROIX RECREATION CENTER PO # Sales Rep Jack Loughrey jack.loughrey@dalcoonline.com Expire Ship To 06/25/2015 DOUGLAS BRADY ST CROIX RECREATION CENTER ATTN: DOUGLAS BRADY 1675 MARKET DRIVE STILLWATER, MN 55082 651.430.2601 Line # Product Qty Unit Price Net Amt 1 2 026215 UNG HTKU4 HIFLO NLITE 1CA HYBRID STARTER KIT 22' 031268 UNG HP06T HYDROPOWER SMALL TANK 1 RESIN BAG 3 026496 UNG HT35G HIFLO NLITE HYBRID 1CA EXT POLE 2 SECTIONS 11' 4 030554 UNG NLG20 HIFLO NLITE MULTILINK 1CA GOOSENECK 8" 5 031477 UNG TMOOV HIFLO SHUTOFF CONTROL 1 EA 6 031998 UNG NLR40 HIFLO NLITE RADIUS 1CA BRUSH 16" 7 015530 UNG TF900 30' TELE PLUS POLE 10CA 5 SECTION 9M 8 023287 UNG AFAET HIFLO THREAD ADAPTER 5CA 9 ftgOs Hi flo angle adapter 10 022138 UNG CK053 SPEEDCLEAN WINDOW KIT 1CA INDOOR WINDOW CLEANING 1 EA 1 EA 1 EA 1 EA 1 EA 1 EA 1 EA 1 EA 1 1 EA 494.90 757.78 387.61 163.73 46.03 87.47 175.80 13.57 5.49 135.70 494.90 757.78 387.61 163.73 46.03 87.47 175.80 13.57 5.49 135.70 TOTAL: $2,268.08 Dalco Enterprises Inc. 1300 5th Avenue Northwest, New Brighton, MN 55112 1800.950.1975 Marshfield, WI Marquette, MI New Brighton, MN Duluth, MN Rochester, MN La Crosse, WI www.dalcoonline.corn Page 2 of 2 Dalco Enterprises Inc. 1300 5th Avenue Northwest, New Brighton, MN 55112 1800.950.1975 Marshfield, WI Marquette, MI New Brighton, MN Duluth, MN Rochester, MN La Crosse, WI www.dalcoonline.corn Page 1 of 1 Customer Account # Bill To dalco Making You Shine Quotation ST CROIX RECREATION CENTER 1025082 DOUGLAS BRADY ATTN: DOUGLAS BRADY 1675 MARKET DRIVE STILLWATER, MN 55082 651.430.2601 Quote # 61451.1 Date 05/26/2015 Reference Quote 61451.1 - ST CROIX RECREATION CENTER PO # Sales Rep Jack Loughrey jack.loughrey@dalcoonline.com Expire Ship To 06/25/2015 DOUGLAS BRADY ST CROIX RECREATION CENTER ATTN: DOUGLAS BRADY 1675 MARKET DRIVE STILLWATER, MN 55082 651.430.2601 Line # Product Qty Unit Price Net Amt 1 005181 KAI KV1750 KAIVAC 17GAL TANK 500PSI 2 010869 KAI KV1250 KAIVAC 12GAL TANK 500PSI 1 EA 1 EA 3,436.68 3,436.68 2,656.51 2,656.51 TOTAL: $6,093.19 Dalco Enterprises Inc. 1300 5th Avenue Northwest, New Brighton, MN 55112 1800.950.1975 Marshfield, WI Marquette, MI New Brighton, MN Duluth, MN Rochester, MN La Crosse, WI www.dalcoonline.corn liwater H E B l X e H P o A r E OF MINESUT CITY COUNCIL MEETING DATE: July 7, 2015 CASE NO.: 2015-13 Planning Commission: June 10, 2015 Heritage Preservation Commission: June 1, 2015 REQUEST: Consideration of a Zoning Text Amendment (ZAT) to various City Code Sections regarding design review and Design Permits, to include the removal of design permits for certain signage in the West Stillwater Business Park District and to provide clarification between design review and design permits PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND All signs in the West Stillwater Business Park require design review and a permit. However, there are no standards for the design of signs in the West Business Park. Consequently, the design review of signs has been subjective. As such, the Heritage Preservation Commission (HPC) discussed the removal of the permit requirements for refacing any existing signs and for new signs within an approved multi -tenant sign plan. The HPC reviewed the proposed changes at their regularly -scheduled meeting in June and recommended approval of the Zoning Text Amendment. ANALYSIS AND DISCUSSION The specific changes include: • All permits will be referred to as Design Permits, consistent with City Code Section 31- 209. • Signs associated with new construction in the West Stillwater Business Park design review district will require a Design Permit. • All new multi -tenant master sign plans in the West Stillwater Business Park design review district will require a Design Permit. • All Design Permits will be reviewed and approved by the HPC. • Design review may occur administratively for existing signs proposed to be replaced, signs proposed in part of an approved multi -tenant sign plan as well as new signs on existing businesses FINDINGS Prior to making a recommendation for approval or modified approval of a proposed amendment to the city council, the Planning Commission must first find that the public necessity, and the general community welfare are furthered; and that the proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan. Comprehensive Plan chapter 5: Historic Resources Goal 3 is to enhance the visual and aesthetic character, diversity and interest of Stillwater. This ordinance amendment will continue to allow for the HPC to conduct design review on new signage but will allow for new sign permits for existing signage replacements to be reviewed administratively. Section 31-205 indicates a public hearing must be held by the planning commission on all proposed amendments. The Commission reviewed the proposed ZAT in a public hearing on June 10th, 2015. At that time the Commission found that the public necessity and community welfare will be furthered with the proposed ZAT and that there are no conflicts with the Comprehensive Plan. RECOMMENDATION The Planning Commission forwarded a recommendation of approval to the City Council for the adoption of the proposed ZAT. However, the Commission's recommendations modified the originally proposed ZAT so that all permits would be referred to as Design Permits. Staff recommends the City Council move to approve the first reading of the Ordinance associated with ZAT/2015-13 and schedule the item as an unfinished item of business for the July 21st City Council meeting. ATTACHMENTS Legislative Revision Ordinance 2015 Design Review Permits ZAT Case No. 2015-13 (CPC: 6-10-2015) Page 2 of 2 Draft Ordinance: Legislative Revision Sec. 31-202. - Types of permits. The following permits and actions are established in order to carry out the purposes and requirements of this chapter: (e) Design review permitDesign Permit; Sec. 31-204. - Generally. Subd. 5. Board or official body with final authority in application approval. The following table indicates the decision -making body that can approve an application and the body to which an appeal can be made: Public Hearing Requirements and Decision -Making Authority Permits/Action Design review permitDesign Permit Recommendation Action Appeals Board HPC CC CC - City council CDD - Community development director PC - Planning commission HPC - Heritage preservation commission Sec. 31-209. - Design permitDesign Permit. Design permitDesign Permits shall require the following: (c) Required when. A design review permitDesign Permit is required for the following: (1) For site alteration permits issued by the heritage preservation commission, Section 22-7, subd. 6. (2) Type of projects and uses with the downtown plan district and the west business park plan district: i. All signs requiring a sign permit in the Downtown design review district. ii. All new signs proposed in conjunction with a new structure or development in the West Stillwater Business Park design review district. iii. All new multi -tenant sign plans in the West Stillwater Business Park design review district. (d) Application. Application for a deli n ievie ^ pen itDesign Permit must be filed with the community development director on the prescribed form and include the following: (e) Review of the application by the design review committee. The design review committee must review all applications. The community development director must arrange with the applicant a time and place of meeting between the applicant and the design review committee. The design review committee must make a final decision on the granting or denial of a sign permitDesign Permit after seeking the recommendation of the community development director. The sign Condensed Legislative Revision, Page 1 Design Permit applicant or any party aggrieved by the decision of the committee has a right to appeal the decision to the city council. (h) Findings and decisions. Upon a finding by the design review committee that the application, subject to any conditions imposed, will need the standards of design review, secure the purpose of this chapter, the comprehensive plan and the heritage preservation ordinance, the design review committee may approve the design permitDesign Permit, subject to conditions as it deems necessary. If a finding is made that the permit would violate the standards of design review, it must deny the application. Conformance to approval and site supervision. The community development director shall perform site supervision of building permits for which design permitDesign Permits have been granted to ensure compliance with all provisions and conditions of the design approval. Sec. 31-318. - VC village commercial district. (i) (d) Other requirements. (2) Design review permitDesign Permit. A design review permitDesign Permit is required for all village commercial uses. The country village architectural and design guidelines, set forth in Exhibit E to the Orderly Annexation Agreement between the City of Stillwater and Town of Stillwater, dated August 16, 1996, are the standards that must be applied to this design review. Sec. 31-322. - CRD campus research district. (d) Other requirements. (6) Design permitDesign Permit. A design review permitDesign Permit is required for all CRD campus research and development district uses according to the design review standards of this chapter. Sec. 31-324. - PWFD public works facility district. (d) Other requirements. (6) Design permitDesign Permit. A design review permitDesign Permit is required for all PWF district uses according to the design review standards of this chapter. Sec. 31-509. - Sign regulations. Sign regulations are as follows: Subd. 2. Permits required. All signs require a -design review permit and may require a Design Permit.. - An application for design reviewa Design Permit may be obtained from the community development director. The application must contain the following information: Subd. 7. Permitted signs by a sign permit in the central business or general commercial district. The following signs are permitted in the CBD-central business or CA -general commercial districts with a sign permit: (a) General requirements. All signs in the CA -general commercial or CBD-central business districts are regulated by the following requirements: (3) Permit review. All signs in the central business district require a design permitDesign Permit and meet the approved downtown design guidelines for signage. Sec. 31-510. - Off-street parking and loading. Off-street parking and loading shall be regulated as follows: Condensed Legislative Revision, Page 2 Subd. 1. Off-street parking. (d) Modifications to requirements. Modifications to off-street parking and loading requirements shall be permitted as follows: (3) Shared parking facilities. Parking facilities may be shared by two or more commercial uses if their entrances are located within 300 feet of each other and if their hours of operation do not coincide, provided they: i. Receive special use and design permitDesign Permits so that design criteria are met and conditions of use may be established along with periodic review. Design requirements. Design requirements shall be as follows: (2) Parking facility layout. There shall be no off-street parking spaces located within 15 feet of any street right-of-way or ten feet of any property line except in the central business district where spaces may be allowed with an approved design permitDesign Permit. (f) Sec. 31-517. - CRD, campus research district miscellaneous standards. (5) Design permitDesign Permit. A design review permitDesign Permit is required for all CRD campus research and development district uses according to the design review standards of this chapter. Sec. 31-518. - PWFD, public works facility district miscellaneous standards. (5) Design permitDesign Permit. A design review permitDesign Permit is required for all PWF district uses according to the design review standards of this chapter. Condensed Legislative Revision, Page 3 ORDINANCE AN ORDINANCE AMENDING THE STILLWATER CITY CODE SEC. 31-202, TYPES OF PERMITS, SEC. 31-204, GENERALLY, SEC. 31-209, DESIGN REVIEW PERMIT, SEC. 31-318, VC VILLAGE COMMERCIAL DISTRICT, SEC. 31-322, CRD CAMPUS RESEARCH DISTRICT, SEC. 31-324, PWFD PUBLIC WORKS FACILITY DISTRICT, SEC. 31-509, SIGN REGULATIONS, SEC. 31-510, OFF-STREET PARKING AND LOADING, SEC. 517, CRD, CAMPUS RESEARCH DISTRICT MISCELLANEOUS STANDARDS, AND SEC. 31-518, PWFD, PUBLIC WORKS FACILITY DISTRICT MISCELLANEOUS STANDARDS THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: Purpose. The purpose of this Ordinance is to clarify design review requirements for certain signage in the West Stillwater Business Park District, to correct errors between Design Permits and design review permits, and to clarify the difference between design review and a Design Permit. 1. Amending. Stillwater City Code Section 31-202, Types of Permits, is amended that will hereafter read as follows: The following permits and actions are established in order to carry out the purposes and requirements of this chapter: (e) Design Permit; 2. Amending. Stillwater City Code Section 31-204, Generally, is amended that will hereafter read as follows: Subd. 5. Board or official body with final authority in application approval. The following table indicates the decision -making body that can approve an application and the body to which an appeal can be made: Public Hearing Requirements and Decision -Making Authority Permits/Action Recommendation Action Appeals Board Design Permit HPC CC 3. Amending. Stillwater City Code Section 31-209, Design Permit, is amended that will hereafter read as follows: Design Permits shall require the following: (c) Required when. A design permit is required for the following: (1) For site alteration permits issued by the heritage preservation commission, Section 22-7, subd. 6. ZAT Design Permits, Page 1 of 4 City Council First Reading, July 7, 2015 (2) Type of projects and uses with the downtown plan district and the west business park plan district: i. All signs requiring a sign permit in the Downtown design review district. ii. All new signs proposed in conjunction with a new structure or development in the West Stillwater Business Park design review district. iii. All new multi -tenant sign plans in the West Stillwater Business Park design review district. (d) Application. Application for a design permit must be filed with the community development director on the prescribed form and include the following: (e) Review of the application by the design review committee. The design review committee must review all applications. The community development director must arrange with the applicant a time and place of meeting between the applicant and the design review committee. The design review committee must make a final decision on the granting or denial of a design permit after seeking the recommendation of the community development director. The design permit applicant or any party aggrieved by the decision of the committee has a right to appeal the decision to the city council. (h) Findings and decisions. Upon a finding by the design review committee that the application, subject to any conditions imposed, will need the standards of design review, secure the purpose of this chapter, the comprehensive plan and the heritage preservation ordinance, the design review committee may approve the design permit, subject to conditions as it deems necessary. If a finding is made that the permit would violate the standards of design review, it must deny the application. (i) Conformance to approval and site supervision. The community development director shall perform site supervision of building permits for which design permits have been granted to ensure compliance with all provisions and conditions of the design approval. 4. Amending. Stillwater City Code Section 31-318, VC Village Commercial District, is amended that will hereafter read as follows: Subd. (d) Other requirements. (2) Design Permit. A design permit is required for all village commercial uses. The country village architectural and design guidelines, set forth in Exhibit E to the Orderly Annexation Agreement between the City of Stillwater and Town of Stillwater, dated August 16,1996, are the standards that must be applied to this design review. 5. Amending. Stillwater City Code Section 31-322, CRD Campus Research Development, is amended that will hereafter read as follows: Subd. (d) Other requirements. (6) Design Permit. A design permit is required for all CRD campus research and development district uses according to the design review standards of this chapter. ZAT Design Permits, Page 2 of 4 City Council First Reading, July 7, 2015 6. Amending. Stillwater City Code Section 31-324, PWFD Public Works Facility District, is amended that will hereafter read as follows: Subd. (d) Other requirements. (6) Design Permit. A design permit is required for all PWF district uses according to the design review standards of this chapter. 7. Amending. Stillwater City Code Section 31-509, Sign Regulations, is amended that will hereafter read as follows: Subd. 2. Permits required. All signs require a design review and may also require a design permit. An application for a design permit may be obtained from the community development director. The application must contain the following information: Subd. 7. Permitted signs by a sign permit in the central business or general commercial district. The following signs are permitted in the CBD-central business or CA -general commercial districts with a sign permit: (3) Permit review. All signs in the central business district require a design permit and meet the approved downtown design guidelines for signage. 8. Amending. Stillwater City Code Section 31-510, Off -Street Parking and Loading, is amended that will hereafter read as follows: Subd. 1. Off-street parking. (d)(3)i Receive special use and design permit so that design criteria are met and conditions of use may be established along with periodic review. (f)(2) Parking facility layout. There shall be no off-street parking spaces located within 15 feet of any street right-of-way or ten feet of any property line except in the central business district where spaces may be allowed with an approved design permit. 9. Amending. Stillwater City Code Section 31-517, CRD - Campus Research District Miscellaneous Standards, is amended that will hereafter read as follows: (5) Design Permit. A design permit is required for all CRD campus research and development district uses according to the design review standards of this chapter. 10. Amending. Stillwater City Code Section 31-518, PWFD - Public Works Facility District Miscellaneous Standards, is amended that will hereafter read as follows: (5) Design Permit. A design permit is required for all CRD campus research and development district uses according to the design review standards of this chapter. 11. Savings. In all other ways City Code Chapter 31 shall remain in full force and effect. ZAT Design Permits, Page 3 of 4 City Council First Reading, July 7, 2015 12. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to the law. Adopted by the City Council of the City of Stillwater this 21st day of July, 2015. ATTEST: Diane F. Ward, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor ZAT Design Permits, Page 4 of 4 City Council First Reading, July 7, 2015 CITY COUNCIL MEETING DATE: July 7, 2015 REQUEST: Continuation of a Public Hearing for a Comprehensive Plan Amendment (CPA) to the 2030 Comprehensive Plan Parks and Trails and Transportation Chapters for the adoption of a Master Trails Plan PREPARED BY: Abbi Jo Wittman, City Planner A public hearing has been scheduled for the Council's consideration of certain amendments to the 2030 Comprehensive Plan and the adoption of a Master Trails Plan. Through the public input process of the draft plan, City staff solicited comments from neighboring jurisdictions. As such, these comments will need to be incorporated into the final draft. Consequently, the final plan is not available for the Council's review. Staff recommends the Council open the public hearing and table the hearing until the September 1, 2015 meeting to allow for staff, and the Planning and Parks Commissions to review and make recommendation on the final draft. Sillwer a t...-^ Administration Date: JULY 2, 2015 TO: MAYOR & COUNCIL FROM: Diane Ward, City Clerk SUBJECT: Margaritas during Log Jam Days At the last meeting Council approved the temporary liquor license for Log Jam Days. However Council tabled the request for the sale of margaritas to this meeting to allow the Lions Club to research an activity taking place in Cottage Grove. I have not received any information to add to this discussion, however I have attached the vendor list for Cottage Grove's Strawberry Fest for your information. I believe Councilmember Menikheim will provide some input on the Lions Club participation. RECOMMENDATION: Should Council wish to authorize the dispensing of margaritas, staff would recommend dispensing of margaritas only occur during the Lions Club event and not for the entire 3 days of the Log Jam event. This will keep the City consistent with past practice of all of our special events; and not set precedent for any future regular and new event requests. Proposed Plan for Margaritas to be served at 2015 Stillwater Log Jam The Locals, 501c3 Non -Profit organization, in partnership with Washington County Historical Society have applied for the 1-4 day temporary liquor license for July 17-19, 2015 for the event Stillwater Log Jam. We serve beer and wine, and plan to serve one kind of rum margaritas throughout Friday, Saturday and Sunday of the event. Proceeds from sales of this addition would benefit The Locals, Washington County Historical Society and St. Mary's of Stillwater. On Saturday, we would partner with the Stillwater Lion's Club to produce a margarita contest where local restaurant/bar businesses or civic groups would develop a margarita flavor utilizing the specified rum and measurements given and attendees would purchase a ticket where they would get one small sample from each contestant. The contest would be monitored over the course of 2-4 hours and then the attendees would vote on their favorite margarita flavor. The winner would be announced after the contest and the prize would only be bragging rights. Proceeds from ticket sales would benefit the Stillwater Lion's Club. Margaritas would be pre -mixed, so no over -pouring would be possible. No other hard liquor will be served during 2015 Stillwater Log Jam. -C EI\, D JUN 122015 BY: Thursday, Friday, Saturday - Kingston Park June 18th —June 21st Food for the whole family! Lord Foods: Cheese Curds, Coke Products Acton Apple: Strawberries, Strawberry Shakes, Strawberry Smoothies, Strawberry Shortcake, Donuts, Soda, Water Mks: Gyros, Cuban Sandwiches, Cheese Steak Sandwich, Tator Tots, Nachos, Baklava, Soda, Water O'Neill Amusement: Corn dogs and Footlong Corn Dogs, Soda and Water Lemon Heaven: Fresh Squeezed Lemonade, Strawberry Lemonade, Cherry, Lime, Tea & Diabetic St Paul Park/Newport Lions Club: Brats, Holdogs, Soda, Water, Beer Cottage Grove lions: Hamburgers, Pop, Water Minnesnowii Shave Ice: Hawaiian Style Shaved Ice with options to add on: ice cream, beans, cream on lop MikMart Ice Cream: Blue Bunny Ice Cream Novelties, Soda, Water and Candy J&D Concessions: Gourmet Wontons, including Strawberry Items Glover's and Company LLC: Fried Chicken, Ribs, Fries and Coleslaw Wholesoul a Lavender & Sage Eatery: BBQ Dawg, Smoked Brisket, Coleslaw, Wings, Seasoned Fries, Remoulade Catfish Slders, Bigass Cookie Sundae, Strawberry Gingerale, Water Rocco's Pizza: Sausage, Pepperoni and Cheese Pizza Kalcession: Chicken Curry, Potato Blossom, Samosa, Samosa Salad, Sprint Roll, Fry Bread, Corn on the Cob DAO, Inc: Assorted Chicken Wings, Vietnamese Chicken Eggroll, Cream Cheese Wontons Still Administration Date: June 15, 2015 TO: Mayor & City Council FROM: Diane Ward, City Clerk SUBJECT: Temporary Liquor License - Log Jam Attached is the Temporary Liquor License application for Log Jam. This year it is proposed to serve Margaritas during the three day festival (attached proposed plan). Past festivals were not allowed to serve "hard" liquor. This request has some concerns for public safety which are: 1. Police Department and Fire Department staffing levels were adjusted/reduced after Log Jam submitted their `final' events line-up. This request is an addition to the event, and includes the sale of hard liquor, which Police should increase the staffing levels 2. The City has never allowed the sales of hard liquor for any Temporary Liquor License. Chief Gannaway feels this is a sound 'past practice' and if it is allowed for Log Jam, it is anticipated that many other event applicants, including weddings, will request having "hard liquor" present on public property for consumption or sale. 3. In checking with Angela Eastman, Event Coordinator for St. Paul, she stated that to her knowledge, no city has ever allowed hard liquor at an event, as it affects insurance and increases liability to the event and to the City, not to mention Public Safety. St. Paul never allowed hard liquor at any City permitted event on public property. ACTION REQUIRED: Review the request, make determination on whether to allow the sale of "hard" liquor or proceed with past practice at festival by just having beer and wine, and make a motion approve the Temporary Liquor License. DATE: 7/2/2015 TO: Mayor & City Council FROM: Diane Ward, City Clerk RE: Stillwater Log Run A special event application has been received for the Stillwater Log Run from Run Stillwater, Inc. (see attached) The event organizer requests the use of seven parking spaces in Lot 2 the morning of September 19th (see attached map). These spaces would be reserved as a gathering place for the racers. They would also like to reserve the three on -street spaces on the north side of Nelson Street between Sam Bloomer Way and the entrance to Municipal Lot 2. These spaces would be used for a water station and to park an ambulance. The DTPC recommendation is that unusual circumstances do not prevent the gathering place for racers to be in Lowell Park. Therefore, recommend denial of the request to reserve spaces in Lot 2. But, recommend approval of the two on -street spaces on Nelson Street at the cost for parking spaces according to the City's Fee Schedule. They will have Police Services, but the threshold for a contract is $1,000 therefore a contract is not required for this event. ACTION REQUIRED: Review and if Council concurs with staff and commission, they should pass a motion approving the event. jwater. TI I t111THPLact CC MI EVENTS PERMIT APPLICATION 216 North 4 rh Street, Stillwater, MN 550 Telephone: 651-430-8800 Fax: 651-430- Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. January 7, 2015 Date of Application: Office_We e Only Date Applicati Type; Event 9ECEIVED A"?212015 n Received Se4t& NVIWA ENT Event Information Title/Name of Event Stillwater Log Run (10 Mile & 5K) September 19. 2015 0530 0800 Event Date/Time: Set up: Date Time to September 19, 2015 0800 1100 Actual Event: Date Time to September 19, 2015 0800 1130 Clean up: Date Time to (Events after 10:00 p.m. require a variance from City Count 'I Location (Address) of Event: See course map. 10 Mile start is at Square Lake - 5K Start is on State 95/Arcola (If in Lowell Park please specify north or south Lowell park] Trail Frefered finish line is at flagpole on Sam Bloomer Way - Lowell Park Srti ith Description of Event (please be specific this information will be used to promote the event on the City of Stillwater website) A 10 Mile and 5K race on a U S. A. Track and Field certified course. 10 Mile Start is at Square Lake - 5K Start is at State 95 and Arcola Trail. Finish line for both races is in Lowell Park South adjacent the St. Croix River Male and Female age group awards in ten year increments for both races. The races have established a "Volunteer for Donation" program for local non profits that will generate funds for participating groups who help staff the races. Estimated Attendance (participants and spectators): 800 - 1000 runners and 1000 spectators Applicant Information (Person/Group Responsible) Sponsoring Organization Name: Run Stillwater, Inc. Mailing Address: P. a_ Box 21 City, State, Zip Code: Stillwater, MN 55082 Primary Contact/Applicant Name: Ryan Bevens Phone Number: Fax: Cell Phone: 651-235-0244 Email Address: bevens.ryan@gmail,com Website Address: www.stillwaterlogrun.com Name of contact person during event: Ryan Sevens Cell Phone: 651 235 0244 Alternate contact during event: Pastor Jon Neltzel - Marshal Coordinator Cell Phone: 651-210-7353 Refer media or citizens inquires to: Ryan Sevens Phone: 651-235-0244 Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. , Event Features 1 - 3 banners. Will any signs/banners be put up No ❑ Yes `:. Number and size: Will there be any inflatables? No ':i Yes ■ insurance certificate from rentol vendor is required Fees for electricity may Will there be entertainment? No El Yes 0 What type: apply see Instructions Self contained P.A. at finish fine from Will sound amplification be used? No ❑ Yes ® Hours and Type: 0800 - 1030 Will a stage or tent(s) be set up? No ® Yes ■ Dimensions: Will there be temporary fencing? No •i Yes ■ many Feeijor electricity may Will merchandise/food items be sold? No .:4 Yes INHow vendors expected: apply see instructions Will food be prepared on site? No Yes 0 Contact Washington County Health Department, 651-430.6655 Will cooking operations be conducted? No �:i Yes • Contact Stiliwoter Fire Department, 35I -4950 Will alcohol be served but not sold? No '''...1 Yes • See Alcohol Regulations in the instructions Will alcohol be sold? No "_' Yes ■ See Alcohol Regulations in the instructions Will there be a fireworks display? No ® Yes ■ Permit required, contact Stillwater Fire Deportment, 651-351-4950 Describe power needs and location of power source. None ---- P. A. announcer is bringing his own system that includes a small generator tor the finish line. Describe level of advertisement (le, radio, flyers, ads, tv, press release). Attach sample if available Press releases in regional running publications, electronic ads and announcements via eblast to our existing database. (Examples attached) City Services {After reviewing the event application, City services may be requrled for the event.) Will event use, dose or block any of the following: If yes specify location on site map. 0700 - 1030 9/19/15 City Streets or Right-of-way No IIYes ElStart/End Time: Date: 0830 - 1030 9f19f15 City Sidewalks or Trails No ■ Yes `: Start/End Time: Date: Public Parking Lots or Spaces No ® Yes ■ Start/End Time: Date: Fees may apply Will event need barricade(s)? No ei Yes ■ Number needed: See Instructions Fees may apply Will extra picnic tables be needed? No litYes ■ Number needed: see instructions Will portable restrooms be needed? No ❑ Yes ® Number needed: Event will provide Fees may apply see Instructions Will extra trash receptacles be needed? No 0 Yes ® Number needed: Event will provide Fees may apply see instructions Describe trash removal and cleanup plan during and after event Event staff will ensure that all race areas are completely clean before 1130. Will event need traffic control? No 0 Yes DA contact so/waterPotke Department for assistance,s51-.S,-sIOQ Describe crowd control procedure to ensure the safety of participants and spectators: Race will provide 15 course marshals, coordinated by Pastor Jon Neitzel, who will assist public safety officers along the course. Fees may apply See lnstructions Will "No Parking Signs" be needed? No ❑ Yes :25 - see � Number needed:map Show locatlon(s)onsire mop Will event need security? No ,, Yes • if event is overnight, security will be requited. If using private secruity, list Security Company and Contact information. Will event need EMS services? No ❑ Yes Contact Lakeview EMS, 6Si-430-462i Describe plans to provide first aid, if needed: Ambulance(s) at the finish line with medical personal present. First aid at aid stations. First aid on bikes patroling the course. Describe the emergency action plan if severe weather should arise: In the event of bad weather shuttle busses will be sent onto the course to pick up runners. Shuttle busses will be held until it is certain that bad weather will not impact the race or the runners. Runners will be reminded to seek shelter in private homes if neccessary. List any other pertinent information: Working closely with the CVB to create synergy between runner/guests and local businesses. The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as on additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. i realize my submittal of this application request constitutes a contract between myself and the City of Stillwater an ys a release of Liability. //E. Signature . • pplicant or Authorized Agent °die J llr St Croix awe' q v W L. 7 t q ill o i',5.05 , I' Sr * • `3 7 0 ? a el Ib ,s aC Q z 9 a ,, ¢ �!� it44 `� -v a°. r ou° 2 Lj I-. o pU,) aa,i`) .. J s.uJru,v 3/4 • „y 4 5 0 el N -11 v a ' -.1tj Y. • 1 • 7 • • i • pal.:lrj1 r' \�A� mA4—I4 • Blue ;InnP physrciaa Serricer. a 1 u Jchnnys Iv C3 f r 9, 7darlherr ` voavatcs Nfa•ery i A ✓y J Gilt; Ecorxvnt9 .mbrataery farmers Inxt:r erica Dawn tail ieemark ti A .erican Letyon F:flwSU 1 Scr:Min tiesraurar+ Rive; Mafkk.1 Community Cc -Op Candyiacc Valley Ban+seller ei Siillwaar Glass el • • n Canty :.'siiurP I.'.irkY 5 ¶ta kin Pub 112 ,LBE c this Love al Mire Iiarmiir 1!LdrOS irc a QUM.kt ire Muff s Loweii park • P.' Street tan 1,,+rttI,;;k I an'.: ^.I4II . Malt 0hnn //JJ TuQU SaUT oa VI /trek S`f-. Ews"s s IA.F ',Jo R 0.1<,:q WA r L)Ncr .� iD � �t. u.1-/` 11 NOk doe 1 /y_.r A. n`a..L - L1 IZJ A..+w. was,-IALE S1`]i ,or.l,E ll i"-f' eA kre,•.Vco N'rFi:4 Poi 'JS --/—u 414 V ` " a a /Y1 �.eeK..cv f` /tor A L.Lc, A To 5 r E u1 ST�E�T ko hks.g° t Ihstnric Litt Si�1'@T Stillwater Prickle 4e Sd, i 12 ou'i U SLT L ,e, (E [. Alas A T 4 rtha x /0 Rs 1-s_®c, ku.J Sentf1 /9 O‘CT �o lbLTC�llvi`'t 1�i�rS.( 4.r,,l� / J %.BVd ELL R IC. Map data 02015 Google 100 ft J 7 0 0 4 V} 9 4 w h J R Q l J O ii 4 Y i I_ Z tA jk Su c7Z 3. - 0- N 0 sz -Jo tv wj A v CT- -2 R� 6 W tt' z ,11 7 LL q 4 w 6 Administration DATE: 7/2/2015 TO: Mayor & City Council FROM: Diane Ward, City Clerk RE: 2015 Fall Colors Fine Art & Jazz Festival The Greater Stillwater Area Chamber of Commerce has made application for a Special Event Permit to host the Fall Art & Jazz Festival from October 2-4. The request was to have the event according to their attached map. Council did inform the event organizer in January 2015 that the fall festival should be on the grass and not in the parking lots. (see attached minutes). All staff, Parks and Parking Commission have reviewed the application and concur with Council's January statement and that the music stage should be moved to the amphitheater stage. The DTPC recommendation is The City's event parking policy allows the reservation of Lots 9 and 10, and the onstreet parking on Mulberry Point. However, the Parks Commission recommended that the entire event be held in Lowell Park. Vendors would set up their booths beginning at 10 a.m. on Friday, October 2. The festival would be open to the public on Saturday, October 3, 9 a.m. to 6 p.m. (website verified because was different than application) and Sunday, October 4, 10 a.m. - 4 p.m. Tear down would occur from 4 - 8 p.m. Sunday evening. The charges for this event will be invoiced according the the City's Fee Schedule. Should Council approve the use of the stage in Mulberry Point, the contract will need to be revised to incorporate safety issues related to this area. ACTION REQUIRED: Review and if Council concurs with staff and commission, they should approve the enventt and contract by passing a motion adopting a resolution entitled "APPROVING THE 2015 FALL COLORS FINE ART & JAZZ FESTIVAL SPECIAL EVENT AND CONTRACT" APPROVING THE 2015 FALL COLORS FINE ART & JAZZ FESTIVAL SPECIAL EVENT AND CONTRACT BE IT RESOLVED, by the City Council of Stillwater, State of Minnesota, that the 2015FALL COLORS FINE ART & JAZZ FESTIVAL SPECIAL EVENT AND CONTRACT Special Event and Contract are hereby approved and authorize the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 7th day of July, 2015 Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk 2015 FALL COLORS FINE ART & JAZZ FESTIVAL THIS AGREEMENT is made this 7th day of July, 2015 between the CITY OF STILLWATER, Washington County, Minnesota ("City), and GREATER STILLWATER AREA CHAMBER OF COMMERCE., a Minnesota non-profit corporation, ("Organizer") 1. Fall Colors Fine Art & Jazz Festival. The City has encouraged Fall Colors Fine Art & Jazz Festival ("Event") in order to foster and promote tourism and encourage commerce that will ultimately increase property values and the quality of life within the City. 2. Dates and Hours of Event. Operations are limited as follows: Setup: Friday, October 2 — 10:00 a.m. — 7:00 p.m. Event: Saturday, October 3 — 9:00 a.m. — 6:00 p.m. Sunday, October 4 — 10:00 a.m. — 4:00 p.m. Cleanup: Sunday, October 4 — 4:00 p.m. — 8:00 p.m. 3. Event/Alcohol. No alcohol will be served during this event and no Other Alcohol or Coolers are allowed. The Chamber is responsible to see that no other liquor is brought into the park. a. Signs: The Chamber will post signs, the number and content of which must be approved by the City Police Chief, describing the regulations prohibit liquor as well as the prohibition against participants bringing their own liquor into the park 4. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 5. Police Power. The City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Organizer will assist the police in the clearing of the Area. 6. Security. Lessee shall confer with the Chief of Police as to the advisability of closing Mulberry Street east of Main Street and shall hire any security personnel the Stillwater Police Chief requires. Should the City have to hire outside agencies, the City will invoice the Organizer for any additional costs. 7. Use of Parking Lots. THE ORGANIZER IS AWARE AND WILL INFORM ALL VENDORS AND EVENT PARTICIPANTS THAT STAKING INTO THE ASPHALT, ETC. IS NOT ALLOWED (ANY DAMAGE REPAIR WILL BE PAID FOR BY THE ORGANIZER. The Organizer agrees to pay the City for the use of the parking lots 9 and 10 and Mulberry Street according to the parking space fees designated by City resolution. 8. City Improvements (if applicable). The Organizer understands and acknowledges that the City may be completing grading, parking lot improvements and park improvements in the area of the Event and in order to accommodate this construction and staging activities the City reserves the right to which parking lots may be used by the Organizer for this Event to accommodate any City improvements in the Event area. 9. Park Property. The Organizer shall ensure that no vehicles drive on the City's park property. In the event that damages occur to the City's property, the Organizer shall pay for any restoration of the park as determined by the City. Page 1 of 4 10. Irrigation System in Park Property. Lowell Park is maintained by a buried irrigation system. This system cannot be damaged by stakes or posts that are driven into the ground or by equipment and vehicles running over irrigation heads. For that reason, stakes or posts longer than 12 inches and more than a quarter inch in diameter may not be used in the park. Further, as insurance against damage, a deposit must be made to the City in the amount of $750.00 and any damage to the system will be deducted from the deposit. The balance of the deposit will be returned with 30 days of the conclusion of the Event. 11. City Costs. Organizer will prepay the City for the estimated costs of the City Police Department, Public Works Department, and Fire Department estimated as determined by the City Administrator for city services and materials needed to safely conduct and maintain the Event or any supporting activities. The payment of estimated costs and costs incurred at the time of the billing (i.e. neighborhood meeting expenses and/or city equipment) shall be received by the City no later than 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 or fees are made, the City will be entitled to deduct actual out of pocket costs incurred in preparation for the Event, before returning the balance to Organizer. 12. City Services. The type and amount of materials needed for the Event will be deteiiiiined by the Public Works Superintendent. The Organizer shall be required to provide portable toilets to augment the existing facilities, barricades for street closure, trash removal and electricity for vendors. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. a. Portable Toilets. The Organization must furnish at least 8 portable restrooms, with hand sanitizing to facilitate expected crowds. 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. City Public Restrooms. City Public Restrooms on the Pedestrian Walkway will remain open during the Event and the City will supply and equip the restroom, however, the Event Organizer will be responsible for maintaining, cleaning, security and supervision for the restrooms. If the Event Organizer does not have the manpower to maintain the public restrooms, the City will provide staffing or a contractor with the costs (overtime rate) to be invoiced to the Event Organizer. The City shall be notified 2 weeks in advance of the Organizer's intent on maintaining the City restrooms. c. Barricade Placement. The Organizer shall place reflective standard barricades no later than 8:00 a.m. on October 2 at the parking lot entrances as designated by the Public Works Department. This will infoiin users of the parking lot closure for the Event.. d. Trash Enclosures. The Organizer shall furnish dumpsters or roll -off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. Page 2 of 4 e. Electricity and Water. Each electrical box needed for the Event will be opened by the City on October 2, 2015. The Organizer shall be charged for the use of each electrical box according to the permit fee schedule. Organizer agrees to meet with the City and/or the State electrical inspector a minimum of 1 week prior to event to ensure all vendors using electrical service comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Event Organizer responsibility. i. The City shall provide the Organizer a key for the water shut off valve. The Organizer shall provide a $50 deposit for such key and will be reimbursed upon return of said key. f. Cleanup/Removal. Organizer shall remove all barricades, and portable toilets by 3:30 p.m. on the Monday following the event. Organizer shall remove trash, additional trash enclosures no later than Noon, Monday following Event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. 13. Vendors. NO CAMPING. The Organizer agrees to inform any vendors that there is no camping in Lowell Park or any City parking lots. a. The Organizer agrees that any vendor using cooking facilities will be inspected for safety by the Stillwater Fire Department and Washington County Health Department. Inspection costs (if any) shall be paid for by the Event Organizer directly to the agency/person doing the inspection. b. The Organizer agrees to ensure that all vendors waste water be discharged into a holding tank approved by Washington County Health Department. Vendors without an approved holding tank shall discharge into grey water barrels provided by the Organizer. Disposal costs are the responsibility of the Organizer. For no reason shall grey water barrels or holding tanks be disposed into the City's Sanitary or Storm Systems. c. The Organizer agrees to provide 1 hand washing station to facilitate the expected crowds and vendors as deemed necessary to protect public health. 14. Insurance. The Organizer must provide to the City satisfactory proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims that might be brought against the Event that arise out of the Event's authorized by this Agreement and to name the City as an additional insured on their policy as their interest may appear. 15. Hold Harmless and Indemnify. The Organizer agrees to hold the City harmless and to indemnify and defend the City with regard to any claims, causes of action, or demands that might be brought against the City arising out of the activities in the area. 16. 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. Page 3 of 4 IN WITNESS WHEREOF, the parties have set their hands this 7th day of July, 2015. GREATER STILLWATER AREA CHAMBER OF COMMERCE. STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON By: Its: On this day of 2015 before me, a Notary Public within and for said County, appeared , to me personally known, who, being duly sworn, did say that he is the of the GREATER STILLWATER AREA CHAMBER OF COMMERCE. and that this instrument was signed as the free act and deed of the corporation. Notary Public CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON ) On this day of 2014, before me, a Notary Public within and for said County, appeared Ted Kozlowski and Diane F. Ward, to me personally known, that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed on behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public Page 4 of 4 Iviater TIE EIOTMPLACE Of OIMMEtOTA EVENTS PERMIT APPLICATION 216 North 4m Street, Stillwater, MN 55082 Telephone: 651-430-8800 Fax: 651-430-8809 Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. Date of Application: ��✓�5 Office Use Only Date Application Received ''//j Y Type: Event Special Event Event Information //11 Title/Name of Event FALL (�2..,04S ic/2/j- re-5-7- (I(/,Ig 1_ Event Date/Time: Set up: Date J%2 0 Ci7 2- Time /6 A''A'A to `7 0141 Actual Event: Date SAT' CiirD T 3 Time CO 11444 to 6 11))14 -SC-W."L Clean up: Date t CT y Time /0 A '4 to / P" "1 (Events after 10:00 p.m, require a variance from City Council] Location (Address) of Event: 'A J 0 r2.7a/ LOW ei, L. /"0A2'< (If in Lowell Park please specify north or south Lowell park) Description Of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) , 7 LL- Co—i— v .c / ' JG ibr2T /- /'1'/o6/ - rL-'ST1 tiie4,_ /S io r t/&>Z )ec-�v\O ,12-7- 1'v60.T '-<i / 7W -77/ ' J%' - " re✓°4--ji14h0 (A101 /772.7 S S' , W L,_,U'cicy G_/ & 6/ ef, Al L /44 V S r G ,A S pAJ j6' &Ill 0 </_S V6,;211 cs Estimated Attendance (participants and spectators): S0-770 6146, 0/ IA/4 C1"/ Ut/U%4 (/Y L Applicant Information (Person/Group Responsible) Sponsoring Organization Name: �c.'x171-/`VL :-r7'-, G. Uv16 I ( CAleDy(,4 �C,�^-'J/J ���- Mailing Address: � �j e0GT"N j �r 6 1. 6� 0- ,ZQ �% City, State, Zip Code: j -r/ 4,G 1y rem) L-144/ .5 d ...---� Primary Contact/Applicant Name: Ie.7.- sy/Z- (-?5'g,. Phone Number: l-s2 y3ci. 4i'60 1 Fax:65/ y yo 3 Cell Phone: '5/ _. ,2,5 . C 7,Z Email Address: 7SS7��c✓-Tell- 2 6 6,7.4.1 e-Z S72 G.1-• C'tiX4 T Z C /✓.d frf%vc C-v2, 013 Website Address: /....,(A...%_A.A/. & e 1 %ez, �-)-1 is. & CAA,Q TC-k Gx/rn G',ZZ , c15-1,4L. Name of contact person during event: -O--R2 G G�� Cell Phone: G3/ Jzs - 76 yZ Alternate contact during event: .4 441 A/GeV& Cell Phone: cf at' S- a // 0 Refer media or citizens inquires to: 7 er , S07),.. i,g /C,`-0 Phone: ecSA 3�-S 76.I 7., Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features /, / Will any signs/banners be put up No ■ Yes Number and size: (0 S 30 Will there be any inflatables? No 4 Yes ■ Insurance certifrcatefrom rental vendor isrequired feesforeectriatymay Will there be entertainment? No •■ Yes �" What type: r�` /1)tJs/C.i apply see instruct ions Will sound amplification be used? No ■ Yes X Hours and Type: C) 6 A-) 7-o 6 r11/11 l Will a stage or tent(s) be set up? No • Yes [ Dimensions: / 9' x S Will there be temporary fencing? No k Yes ❑ ` How many A 0/223K„ Fees for electricity may Will merchandise/food items be sold? No ■ Yes vendors expected: apply see Instructions Will food be prepared on site? No ■ Yes A Contact Washington County Health Department 651-430-6655 Will cooking operations be conducted? No • Yes k Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No Yes • See Alcohol Regulations in the Instructions Will alcohol be sold? No X Yes 0 See Alcohol Regulations in the Instructions Will there be a fireworks display? No Yes ■ Permit required, contact Stillwater Fire Department 651-351-4950 Describe power needs and location of power source. ,� }' /1 )4IVY) Flu / xi 3 y 6 JcJzAcc . Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available ,Arar %4 ti/_ f U 6 G'Trj t /5 City Services (After reviewing the event application, City services may be requrled for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right-of-way No ■ Yes Start/End Time: ?Avt't " a �MDate: 6 Gy ) a City Sidewalks or Trails No Yes, Start/End Time: '756 6 Date: Public Parking Lots or Spaces No ■ Yes* Start/End Time: 9 A y , - y lg1Date: 1/ Fees may apply Will event need barricade(s)? No Yes ■ Number needed: see Instructions Will extra picnic tables be needed? No Yes ❑ Number needed: Fees may apply see Instructions Will portable restrooms be needed? No 0 Yes , Number needed: k" Fees may apply see instructions Will extra trash receptacles be needed? NoYes 0 Number needed: Fees may apply see Instructions Describe trash removal and cleanup plan during and after event: 50-Ili-' C 6 M Ay 1,/2,dv1 (� / 0 - Q a 0 yr'n.."6 iO / i?A 7/ 5-re PZ ,k 444 / /.3 / aZ 7-724 S 1/ J2 &rC t Pri (...4 LS , i41= / `7"L) `'4 D N l Tat -- Will event need traffic control? No Yes ❑ Contact Stillwater Police Deportment for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: Fees may apply see Instructions Will "No Parking Signs"be needed? No Yes ■ Number needed: Show location(s) on site map Will event need security? No ■ Yes If event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: rC i t'd! e / T>' /12T1/2'-4 it' G C.; 4') Lam'' i S /Q .-C //t/ )"1 t!1// d O-5 Y6 t S - Will event need EMS services? No ,( Yes IN Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: ,h4 5 Ci (/Jo C/_ i� (7L- D 0)1'2 , Describe the emergency action plan if severe weather should arise: ,/'/NG v i2 L ( r/I Z) &x i7i (6 / 7 25 k726-)"_-~Y4 '° ' List any other pertinent information: 1-- hl/� 77 /24'/U �✓ , /L V L.f- i� T The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, i certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize mysubmittal of this application request constitutes a contract between myself and the Cit St II water a is a relea ofLiab* Signature of Applicant or Authorized Agent Date Level Grass Area Artists Activity Area Demonstrations Fire Pit with Fall Related Activities / p tional Artist Area) parking l fa (Vendor`4Parking1 P { r �,- ��\ 11.i_.1_11.,i.1�_i__l �i _�. -�.1_t _1 1 Bike Trail l f I T l T ♦.y. 1 s , I I f ►, Parking fill Exhibitor Spaces Primary Areas I. Flat Grassy Area 70 2. Concession Area 25 3. Mulberry Circle 35 Backup Areas 1. Parking # 1 61 2. Parking #2 31 Fall Colors Fine Art & Music Festival 2015 Prospective Layout (Non Flood Conditions) Moderate Sloping Grade Food Concessions 1111 I i 111 _iTTTT? _.1 FT 1 I 7.� , Parking * (Flood Backup Artist Area 3, �I River Market Parking Only - No Event Parking 1111/1111 11 E ll1 111111 1) Watarlvsst Note: Non -flood conditions, pubic parking in lots # I and #3 MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: July 1th, 2015 Re: 2015 Street Improvement Project (Project 2015-02) DISCUSSION Plans and specifications for the 2015 Street Improvement Project are completed and staff is requesting authorization to bid. At the request of the parking commission, the project will include getting a quote for rehabilitation of the North Main Parking Lot. Once bids are opened, a determination will be made whether or not to proceed with the parking lot project . The bid date would be August 13th with bids presented to Council at the August 18th meeting. RECOMMENDATION It is recommended that Council approve plans and specifications for the 2015 Street Improvement Project and order advertisement for bids for the project. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting RESOLUTION 2015- APPROVING PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE 2015 STREET IMPROVEMENT PROJECT 2015-02 APPROVE PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2015 STREET IMPROVEMENT PROJECT (PROJECT 2015-02) WHEREAS, pursuant to a resolution passed by the Council on June 16, 2015, the City Engineer has prepared plans and specifications for the 2015 Street Improvement Project (Project 2015-02) and has presented such plans and specifications to Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The plans and specifications presented by the City Engineer are hereby approved. 2. The City Clerk is ordered to prepare and cause to be inserted in The Gazette and online at QuestCDN.com the advertisement for bids upon the making of the improvement under the approved plans and specifications. The advertisement shall be published once in the Stillwater Gazette and for two weeks online at QuestCDN.com and shall specify the work to be done, shall state that bids will be received by the City Clerk until August 13th, 2015, at 2:00 pm at which time they will be publicly opened at City Hall by the City Engineer; will then be tabulated and will be considered by the Council at their next regular Council meeting on August 18th, 2015, in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for ten (10) percent of the amount of the bid. Adopted by the Council this 7th day of July, 2015. Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: July lst, 2015 Subject: Martha Street No Parking Request DISCUSSION There have been a few complaints from residents about parking along Martha Street between Wilkins Streets and Aspen Streets. The street width is 24 feet and is narrow according to City standards. This section of road is adjacent to Staples Field and parking is utilized mainly during the summer months due to baseball activities. The complaint is that vehicles are parking on both sides of the street making it difficult for even one lane of traffic and possibly the passage of emergency vehicles. (This has been verified through a couple of random site visits during the past couple of months.) It is proposed to prohibit parking on the west side of the road, this would allow for access for two way traffic and allow park users to park along the street with having to cross the road to access the park. In talking to the Fire Department they mentioned the concern of narrow street width and would no parking on one side of the street. RECOMMENDATION Staff recommends that parking be prohibited on the west side of Martha Street between Wilkins and Aspen Street ACTION REQUIRED If Council agrees with the recommendation they should pass a resolution 2015- AUTHORIZING NO PARKING ON THE WEST SIDE OF MARTHA STREET BETWEEN WILKINS AND ASPEN STREET AUTHORIZING NO PARKING ON THE WEST SIDE OF MARTHA STREET BETWEEN WILKINS AND ASPEN STREET WHEREAS, the City Engineer has presented concerns with regard to the parking spaces now allowed Martha Street between Wilkins and Aspen Street and NOW THEREFOR BE IT RESOLVED That Parking be prohibited on the west side of Martha Street from Wilkins Street to Aspen Street and that "No Parking" signs be installed ; and The various City Staff responsible for this action are authorized to complete this work in order effectuate this City Council directive Adopted by the Council this 7t1 h day of July 2015. Ted Kozlowski, Mayor Diane F. Ward, City Clerk May 14, 2015 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson David Johnson, Supervisors Fred Brandt, Linda Countryman, Sheila -Marie Untiedt and Lee Busse, Clerk Kathy Schmoeckel, Planner Sherri Buss, Treasurer Marsha Olson, Chief of Police Steve Nelson and Park Manager Jackie Garafalo. 1. AGENDA - M/S/P Brandt/Busse moved to adopt the agenda as amended. (5 ayes) 2. MINUTES - M/S/P Untiedt/Countryman moved to approve the April 9, 2015 Stillwater Town Board Meeting minutes as written. (5 ayes) 3. ENGINEER - a. Documents re Bituminous Road Project - M/S/P Untiedt/Brandt moved to authorize the Chair to sign the documents with respect to the 2015 Bituminous Road Project. (5 ayes) b. Resolution re Round About - M/S/P Brandt/Untiedt moved to authorize the Chair to sign the resolution acknowledging the Washington County project to place a round -about at Highway 96 and Manning Avenue. (5 ayes) c. Drainage Issue at 94th Street and Neal Avenue - David Johnson and Engineer Paul Pearson had met at this location to observe drainage issues. There are several driveways here and their culverts seem to be plugged. The property owners along Neal Avenue have established lawns up to the road. One of the property owners, John Harrington, was present. He said that over time the culverts have filled in and they have noticed standing water after heavy rains. With the new Linn development, he believes the problem has gotten worse. The water can actually interrupt their telephone service. To correct this problem would require a large expense for labor and materials. Is the problem great enough to justify the expense? It would also change the landscape of some homeowners. Culverts have not been operational for some time and the ditches are now lawn. The consensus was to get a cost for a north -south culvert or possibly for a rain garden. For the most part, the water is absorbed into the ground. PUBLIC HEARING - BENSON VARIANCE - 7:30 P.M. Neighbors Present: Robert C. Benson, 14722 97th St N Mathew Josephson, 9545 Otchipwe Av N Dennis Graham, 9766 Ottumwa Av N Chair David Johnson opened the Public Hearing and gave the ground rules for the hearing. Planner Sherri Buss reviewed the issues involved. Mr. Benson is asking for a variance to construct an accessory building closer to the side lot line and the roadway Stillwater Town Board Mtg. — 5/14/15 Page 2 than the principal building. The request requires a variance from the side lot line setback. Sherri Buss had discussed this with Dennis O'Donnell, Washington County Planner, who has said he would not favor a variance that would get it closer than 10 feet to allow for construction and maintenance without going on the neighbor's property. The Watershed District has also looked at this. Sherri Buss reviewed issues with respect to the wetlands, septic system/drain field. One neighbor was not in favor of this because of his concern for the visibility of this building from the roadway. Another supported this location. • Robert Benson - The neighbor that objects to this location because of the visibility issue, would not see this building from his property because of the trees. Sherri Buss - That would be true. Benson - He has already planted pine trees across his driveway area to hide this from the road. To the east, the neighbor has trees. Buss - She and Dennis O'Donnell have required Mr. Benson to get a survey which he has done. Benson - If a 10 foot setback were required, there would be issues with his utilities. • Dennis Graham - He is the neighbor to the east. When the leaves are off the trees, he would see this building. He had asked Mr. Benson to remove the corrugated material and he has not done that. He does not think that a few fir trees would hide this size of building. He is also concerned about the creep of storage items. • Benson - If this does not work out, he would build it closer to the house, but it would still be in view of the neighbors. • Linda Countryman - She is surprised a wetland delineation is not part of the materials anyway. Buss - It is not typically required for a variance because of the cost involved, but it can be recommended by the Board. • David Johnson - What is the negative to locating behind the house? Benson - The neighbors would still see it. Johnson - The rules are not designed to make sure that what you build will not be seen by the neighbors. If you build it in compliance with our rules, you would not need a variance. Buss - The buffer for this kind of wetland would be 50 feet. Benson - He thinks this would be too close. He is trying not to interfere with the habitat. Johnson - If there is an alternate location, we would need a wetland delineation only for where the building is proposed to be located, not for the entire parcel. Buss - That's correct. • Benson - If he were to move it back, would the neighbors have a problem? Graham - He is concerned with a 6 foot setback. Benson - What if he were to plant pine trees on his property? Graham - He is worried about the view from the street. • Fred Brandt - What are the possible locations? Buss - Reviewed the issues with each location. We can grant a variance, or deny and require a wetland delineation for an alternate location. Benson - He would not move it behind his house. • Johnson - Suggested he build his building to look like his house. Variances are to allow for problems with topography, etc. but not for economic issues. Dennis O'Donnell's arguments for a 10 foot setback make sense. • Sheila -Marie Untiedt - Does your neighborhood have covenants and would this be okay with the covenants? Benson - Yes. Untiedt -She has driven this neighborhood and has no issue with this being in front of the house as it would be sufficiently screened and would not change the character of the neighborhood. • Brandt - Should they need to screen, given the woods that are already there? Buss - Screening may be needed along 97th Street and on the east side of the building. Stillwater Town Board Mtg. — 5/14/15 Page 3 The Public Hearing was closed at 8:15 p.m. Regular Meeting resumes - 8:15 p.m. 4. CHIEF OF POLICE - a. Report given. There were 2 burning permits issued, none for buckthorn. No dogs were impounded. b. CUP Inspections - Steve Nelson has completed his annual inspection of Conditional Use Permits had distributed his report. c. Tree Removal - Steve Nelson has pictures of trees in our right of way that should be removed. M/S/P Countryman/Busse moved to authorize Haines Tree Service on a time and material basis to remove the tree at 100th Street and Ottumwa and the trees blocking the sign at Pawnee and St. Croix Trail. (5 ayes) d. Community Events - o ALS Bike Ride - May 26th from 10am to 1:30pm o Iron Man Bike Ride - Was on May 2nd and was well attended. o Stillwater Half Marathon - If it goes off it will be May 23 from 8am to 11am e. Sentence to Serve - They were here the first weeks in April and the trails at 103rd Street and 97th Street and Ottumwa have been cleared. They have one day left and will start working on Curtiss Hills Trail. We will apply for more time this fall. f. Arcola Heights Park - There was a complaint about a car parked at the Arcola Heights Park late at night. Steve Nelson will check into it. g. Loon Lake - There was a complaint about boats on Loon Lake. There are safety concerns since the lake is so small. People have not wanted to complain. The resident did not believe the water ski course should take up the entire lake. Steve Nelson will talk to Mary Parcheta and see if something can be worked out. He will report back to the Board. 5. PARK MANAGER - Jackie Garafalo reported that the parks are looking great. The Committee met on Monday. She has been checking on the trails. She reviewed some work items that need to be dealt with. 6. NITRATE CONCENTRATION - Jan Hayne was present and talked about the Governor's report on nitrate concentration. Is this an issue with well water in Stillwater Township? Linda Countryman has looked into this and she will continue to see what she can find out. A lot of communities are looking into this. 7. PLANNER - a. Benson Variance - M/S/P Untiedt/Countryman moved approval of the proposed site for the building in front of the house with 10 foot setbacks and if adjoining neighbors would like additional screening, Mr. Benson should work with them. Also o The applicant or property owners shall obtain a building permit for the accessory building. The building inspector shall verify the side setback of the structure. Stillwater Town Board Mtg. — 5/14/15 Page 4 o The accessory building be screened on the east side with a row of conifers planted at least four (4) feet tall from the top of the root spaced not greater than eight (8) feet apart in order to screen the structure from views from the adjacent parcel. o The building shall be used for personal or agricultural use only. No commercial use or commercial storage is permitted. o The Applicant shall pay all fees and escrows associated with this application. (5 ayes) b. May Planning Commission Meeting - The Planning Commission continued to look at the issue of accessory structures with respect to the size of the structure as it relates to the size of the parcel and the size of the primary structure. There will be a public hearing at the June 8th Planning Commission meeting. They also looked at FCC regulations and consider adopting the County standards. With respect to wind energy conversion systems, they are hesitant to allow these on 5 acre lots and have asked for examples to look at from the County. c. Zoning Items - There will be a public hearing at the next Planning Commission meeting to consider an application for a minor subdivision from Tom Polasik. d. County Letter Regarding Solar Energy Facilities - The County is wondering if they should adopt an ordinance regulating these. The Planning Commission will look into this at their next meeting. e. Raleigh AOP - A meeting will be held on Thursday, June 25 at 7:00 pm to discuss how their AOP is going. The notice will be mailed to homeowners within one mile and will also be on the website. Fred Brandt will check with Raleighs to get some data on what routes have been used. f.Washington County PreConstruction Meeting on North Shop - This meeting has been rescheduled again and will be held on June 1st at 10am. The Town Board is welcome to attend. 8. TREASURER - a. Report given. Our bank has been changed to Central Bank. b. Checks and Claims - Checks and Claims #42731 through #42760 were approved for payment. 9. PARK COMMITTEE - a. Linda Countryman gave a report. b. Annual Picnic - M/S/P Untiedt/Countryman moved to authorize the annual picnic on August 16th from 12pm to 3pm with a budget of $1,300. (5 ayes) After this year's picnic, we should evaluate attendance and consider if we are getting enough interest from the community as a whole. c. Commercial Use of Parks - The Clerk will check with our insurance carrier to see if our liability coverage would cover for profit meetings in our park or if we would need to require a certificate of insurance from them. d. Fee for Pavilion Use - Next year we should consider increasing the fee for pavilion use. e. Dog Issues in Parks - Our policy of no dogs in parks should be challenged. The Park Committee will be asked to weigh in. 10. COMMUNICATION COMMITTEE Stillwater Town Board Mtg. — 5/14/15 Page 5 a. Garage Sale - The next newsletter will ask for input from the community to see how much interest there is in a garage sale. If at least 20 people are interested, a sale will be held in the fall. b. Website - The number of unique hits has gone over 1,000 for the first time in March in April. c. Mailing List - A new mailing list is being worked on. New names have signed up for the electronic newsletter. We should check if the County has a way to let us know if someone has moved. 11. ANNEXATION ISSUE - At the recent annual meeting, there had been questions about annexation and why we would not want to become a city to avoid future annexation. There are requirements to qualify for a city such as population. Possible options are asking to join with May Township to be a city of ask Grant to annex us. 12. INTERNET SERVICE UPDATE - David Johnson gave an update on the fiber optic cable that has been laid and is scheduled to be laid in the Township. 13. ADJOURNMENT - The meeting was adjourned at 10:45 p.m. Clerk Chairperson Approved Summary of Proceedings Washington County Board of Commissioners June 23, 2015 Present were Commissioners Fran Miron, District 1; Commissioner 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 Kriesel — reported that at its meeting held on June 16, 2015, the Board held an Executive Session with the County Administrator for her annual performance review. The Board concluded that she is performing her job in a positive manner, and that under her leadership, the county has accomplished many significant projects; - Commissioner Weik — reported that she attended the Counties Transit Improvement Board Meeting, where they approved a travel stipend for up to four Washington County members to attend the Rail -Volution Conference this fall in Dallas. She is currently working on constituent issues regarding changes to transit links schedules operating in Woodbury. She reported that she appreciated Public Works staff's assistance on these issues. The schedule changes are impacting constituents' abilities to get to their St. Paul and Minneapolis bus lines in a timely manner; - Commissioner Bigham — reported that she attended the Counties Transit Improvement Board Meeting, where they received updates on the Orange Line and Southwest projects; attended the Library Board Meeting, on June 22, 2015. The next Library Board meeting will be on August 24th, 2015; attended the Association of Minnesota Counties Board Meeting. At this meeting, they passed a resolution to increase membership fees by 3%. There were discussions on court security, and that they appointed Ramsey County's Jim McDonough as the National Association of Counties delegate. They also discussed support of the National Association of Counties' position on the Waters of the U.S. Ruling. She attended the Transit Authority Board Meeting, where they are looking at the equity issue as it relates to transit. The Transportation Improvement Plan was released for public comment. She attended the Strawberry Fest in Cottage Grove, where her pet dog won the 2015 Doggie Dash; - Commissioner Bearth — reported that Summerfest will start June 25-27, 2015, in Oakdale, Minnesota, at Walton Park; - Commissioner Miron — reported that he received a positive comment from a constituent regarding an issue she was having with a traffic signal not operating correctly. She went on the Washington County website, and sent an email to the county. She was impressed with the accessibility and the timely response of the county to her email. Community Corrections - Approval of Resolution No. 2015-094, Authorizing renewal of the joint powers agreement between the State of Minnesota, and the Washington County Sentence to Service Program. General Administration Approval of the following actions: - May 26, 2015 County Board Meeting Minutes, as amended; - Resolution No. 2015-099, Issuance of the county's General Obligation Bonds (Land and Water Legacy); - Review of the 2014 Performance Measures and Indicators Report; - Approval of Amendment #5 agreement between the State of Minnesota Tenth Judicial District and Washington County; - Board correspondence was received and placed on file. Property Records & Taxpayer Services Approval of the following actions: - Two applications for Temporary On -Sale Licenses for the VFW Post 323 for a special event at the Washington County Fairgrounds, Baytown Township; - The second meeting of the Board of Appeal and Equalization took place at 11:45 a.m. Public Health & Environment Approval of the following actions: - Enter into Grant Project Agreement with the Minnesota Department of Public Health to expand upon our current Follow Along Program and provide education, resources, and follow up to those children identified with Autism Spectrum Disorder; - Judy Hunter, Senior Environmental Program Manager, provided updates on the Ramsey/Washington Resource Recovery Project Board Policy Evaluation Progress; - Resolution No. 2015-098, Execution of 2015 Resource Recovery Project Budget Addendum as recommended by the Ramsey/Washington County Resource Recovery Project Board. Public Works Approval of the following actions: - Traffic control signal maintenance agreement between Washington County and the City of Cottage Grove; - Amendment #1 to contract with Metropolitan Mechanical Contractors, Inc. for Zones 1, 2 and 3 mechanical maintenance services; - Resolution No. 2015-095, authorizing the Park Director to issue licenses for ecological research activities in county parks; - Resolution No. 2015-096, Agreement No. 1000598 with the State of Minnesota, Department of Transportation; - Federal legislative update from Andy Burmeister from Lockridge Grindal Nauen; - Cooperative cost -share agreement with the City of Lake Elmo for Phase 1 and Phase 2 of County State Aid Highway 17; - Resolution No. 2015-097, Bid award for County State Aid Highway 17 and Lake Elmo City Streets Phase 1; - Amendment #1 with Kraus -Anderson Construction Company for general conditions expenses for the Public Works North Shop Project and Sheriff Warm Storage Project; - Amendment #1 with Kraus -Anderson Construction Company for general conditions expenses for the Government Center 4th Floor Remodel Project. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. Washington County BOARD AGENDA JULY 7, 2015 - 9:00 A.M. Board of Commissioners Fran Miron, District 1 Ted Bearth, District 2 Gary Kriesel, Chair District 3 Karla Bigham, District 4 Lisa Weik, District 5 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibilityorfunction of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The CountyBoard Chair will ask you to come to the podium, state your name and city ofresidence, and presentyour comments. Your comments must be addressedexclusivelyto the Board Chair and the full Board ofCommissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual'spresentationifit becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County'sResponsibilities 3. 9:10 Consent Calendar — Roll Call Vote 4. 9:10 East Metro Strong — Will Schroeer, Executive Director Update on East Metro Strong Activities 5. 9:25 Public Health & Environment — Judy Hunter, Senior Environmental Program Manager Approval of Contract with Emerge Knowledge Design, Inc. for its Re-TRAC Connect Software for a Waste Data and Grant Management Information System for the Solid Waste and Recycling Program 6 9:30 Public Works — Cory Slagle, Assistant County Engineer Resolution — Award Bid to Hardrives, Inc. for the North Frontage Road Realignment Project 7. 9:35 Community Services — Barb Sopp, Planner II & Sarah Amundson, Divison Manager A. Resolution - Agreement with Minnesota Housing Financial Agency for Family Homelessness Prevention and Assistance Program Funds, and Acceptance of Grant Funds — Barb Sopp, Planner II B. Approval of 7.5 New Full Time Equivalent Child Protection Staff to Implement Task Force on the Protection of Children Recommendations — Sarah Amundson, Division Manager 8. 9:55 General Administration — Molly O'Rourke, County Administrator 9. 10:05 Commissioner Reports — Comments — Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is nofntended to result in substantive board action during this time. Any ation necessary because of discussion will be scheduled for a future board meeting. 10. Board Correspondence 11. 10:20 Adjourn 12. 10:25-11:05 Board Workshop with Public Works — Don Theisen, Public Works Director Discuss Capital Improvement Program Delivery Resource Needs 13. 11:10-11:40 Board Workshop with Public Works — Jan Lucke, Transit/Transport Planning Manager Discuss Local Match to Transitway Investment Projects 11:45 Finance Committee Assistive listening devices am available for use in the County Board Room EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * JULY 7, 2015 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of June 2, June 9, and June 16, 2015 County Board Meeting minutes. B. Approval to make appointments/reappointmentsfor committees and commissioners with membership that expire June 30, 2015. Community Services C. Approval of Whatever It Takes (WIT) grant funding from the Minnesota Department of Human Services. Human Resources Property Records & Taxpayer Services Public Works Sheriff's Office D. Approval of resolution authorizing Daniel Papin to conduct financial transactions on behalf of Washington County for the county's Medical Assistance estate collections. E. Approval of Community Services contract with Liberty Homes, of Woodbury, LLC to provide short-term foster care to individuals working with Washington County Mental Health Case Management. F. Approval of a two-year contract between Washington County Community Services, Public Health and Environment, Community Corrections and Betmar Languages, Inc., to provide interpretation services. G. Approval of request for a new .50 FTE Evidence Technician Position to add to an existing .50 Evidence Technician vacancy to hire a 1.00 FTE Evidence Technician in the Sheriff's Office. H. Approval of resolution for two applications recei'ed from the St. Paul East Park Lions Club to conduct excluded bingo at the Washington Court)/ Fairgrounds located in Baytown Township I. Approval of Amendment #1 extending the use of real property by Midwest Vending to operate and maintain food and beverage machines at the Government Center and outlying office to July 1, 2016, and authorize execution of Amendment #1 with Midwest Vending. J. Approval of cost share agreement and a cooperative maintenance agreement with the City of Stillwater for the County State Aid Highway 15 roadway and signal project. K. Approval to execute Amendment #3 to contract with HM Cragg. L. Approval of resolution to enter into a Joint Powers Agreement between the Washington County Sheriff's Office and State of Minnesota, Commissioner of Corrections, for the housing of offenders in the Washington County Jail. Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Assistive listening devices are available for use in the County Board Room l(�rnrr nond accicfanno due In rlicahilihr nrlannuano hamnm/nacp ra111C.511 d ,r.nnn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Summary of Proceedings Washington County Board of Commissioners June 16, 2015 Present were Commissioners Fran Miron, District 1; Commissioner 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 — reported that at the Special Session, the Legacy Bill did contain the $520,000 for the critical habitat improvements for the Grey Cloud Island Slough; attended the Ribbon Cutting Ceremony for the re -grand opening of The Groves in Cottage Grove; attended a Flag Day event with Community Services Director, Dan Papin, for the Newport Head Start program. She reported that the annual Strawberry Fest for the City of Cottage Grove is June 18th through June 20th, 2015; the Renewal by Andersen Expansion Ground Breaking was June 16th, and she appreciated their investment in Washington County, and that the expansion will provide additional jobs; - Commissioner Bearth — reported that he attended a Yellow Ribbon event in Forest Lake on Sunday, June 14th, where they were served a military style breakfast; attended the Minnesota Inter -County Association meeting last week, where they provided a recap of the legislative session; - Commissioner Kriesel — reported that Stanford "Buster" Lassen passed away last week, former boxer and local legend; - Commissioner Weik — reported that at East Metro Strong, there was a representative from the City of Oakdale, and that East Metro Strong is continuing to consider membership. She reported that at the Gateway Corridor meeting, it was reported that Lake Elmo will have a new Farmer's Market in July; attended the house blessing for the Habitat for Humanity at Garden Gate in Woodbury, where Washington County and the Washington County's Housing and Redevelopment Authority were thanked for their past involvement in the development. Attorney's Office - Approval of the Joint Powers Agreement between the State of Minnesota, Department of Corrections, Office of Policy and Legal Services and Washington County by and through the Washington County Attorney's Office for the period of July 1, 2015 through June 30, 2016. Community Services - Approval of letter supporting designation as a Workforce Development Area under the New Workforce Innovation and Opportunity Act. General Administration Approval of the following actions: - May 19, 2015 County Board Meeting Minutes, as amended; - Public Comment from Pat Erickson, Hugo, expressed concerns about road closures during the week -end of July 11th—July 12th, due to a bike race, and the impacts it has on residents living near the road; - Commissioner Weik was appointed as voting delegate for the 2015 National Association of Counties annual conference, and Commissioner Bigham was appointed as alternate; - Executive session for the County Administrator's annual performance review; - Board correspondence was received and placed on file; Property Records & Taxpayer Services Approval of the following actions: - Resolution No. 2015-092, two applications from the American Legion Post 491 to conduct off -site gambling at the Washington County Fairgrounds; - Contract for assessing services between Washington County and the City of Mahtomedi; - Board of Appeal and Equalization took place at 5:00 p.m. Public Works Approval of the following actions: - Amendment #2 to contract with Interstate Removal for Zone 2 snow removal services to extend the term of the contract to June 1, 2016; - Amendment #2 to contract with Twin City Outdoor Services for Zone 3 snow removal services to extend the term of the contract to June 1, 2016 and to add snow removal services for the Newport Transit Station; - Resolution No. 2015-093, North Frontage Road agreement jurisdictional road transfers and maintenance; - Board workshop with Public Works to discuss the Intersection Control Ranking System. Sheriff Approval of the following actions: - Transfer ownership of Washington County Sheriff's Office K-9 "Zeke" to his handler, Sergeant Joel Legut; - Transfer ownership of Washington County Sheriff's Office K-9 "Blaze" to his handler, Deputy Chris Howard; - Enter into a Right of Entry Agreement with Verizon Wireless for the Newport radio tower site; - Enter into a Sub -Grant Agreement with the Metropolitan Emergency Services Board to purchase equipment and software for radio system upgrades. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62"d Street N., Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners June 9, 2015 Present were Commissioners Fran Miron, District 1; Commissioner 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 that she attended the Metropolitan Energy Policy Coalition - Energy Security Summit last week, which had good presentations. She made a suggestion to staff at the summit that in order to increase attendance next year, move the date of the summit to the winter months, so that it doesn't overlap with the end of the legislative session, and that she may call for that motion. She participated in the Relay for Life in Woodbury. She requested staff to verify that the Habitat for Humanity Neighborhood Opening on Saturday, June 6th, is at 10:00 a.m.; Commissioner Miron — reported that he attended a ribbon cutting ceremony for the Hugo Good Neighbors Food Shelf. The county board supported the Community Development Block Grant for $70,000, which was used to acquire the land for the food shelf. The ceremony was well attended, and the food shelf has a deep appreciation for the county board's support. He attended the Coffee with a Cop Program, conducted by Sheriff Hutton and his deputies. This is part of the community policing efforts to make connections, and gather feedback from their communities. He reported that he was impressed with that initiative. He commented on Commissioner's Kriesel's report of the Brown's Creek State Trail Grand Opening, and added that the trail will create economic development for the Stillwater community; Commissioner Bearth — reported that on June 10th he will be attending the Minnesota Emergency Services Board meeting. He reported that this will be the first meeting with the new director of the Minnesota Emergency Services Board, Jill Rohret. He will be attending a Minnesota Inter -County Association meeting on June 10th; Commissioner Bigham — reported that she attended the Counties Transit Improvement Board Grant Evaluation and Ranking System meeting yesterday. The staff is preparing applications for the Washington County projects. She thanked staff for last week's Explore Your Parks events throughout the county, She reported that this morning, June 9th, there was an oil tanker versus semi -truck accident in St. Paul Park, and that Minnesota Governor Dayton is in the district, meeting with local officials regarding the accident. She attended the Transportation Alliance Fly -In in Washington, D.C., last week. There were several discussions on status updates regarding Gateway, Red Rock, Rush Line, and Highway 36. A common theme in discussions was streamlining processes among projects, and trying to reduce delays that can cause cost increases. Also discussed was the importance of having stable, consistent funding for transportation projects, from the county's federal partner. She reported that she appreciated Wayne Sandberg, Public Works Deputy Director's attendance at the Transportation Alliance, his efforts in scheduling meetings, and his leadership; - Commissioner Kriesel — reported that he attended the Transportation Alliance Fly -In in Washington, D.C., and agreed with Commissioner Bigham's reports. He mentioned a notable quote from Congressman Ellison at the Transportation Alliance: "It takes teamwork to make the dream work." The meetings there were very productive, and there was a common theme on streamlining projects. He reported that he was impressed with Commissioner Bigham's connections to the legislators. He spoke at the Brown's Creek State Trail Grand Opening in Stillwater, on Saturday, June 6th. He reported that it was an outstanding event, and was well attended, and that constituents are pleased with the trail, and appreciate the county board's support. He reported that he also appreciated the support from legislators. He received a card from a third grade student from the Junior Legion of Mary, thanking the commissioners for all that they do, and for keeping constituents safe. He thanked the student for the thoughtful card. Community Services Approval of the following actions: - Fraud Prevention Investigation Plan and Grant Application for the time period of July 1, 2015 through June 30, 2017; - The Commissioners recognized Nancy Schmidt, Oakdale, and Sarah Stadler, Cottage Grove, as Family Child Care Providers of the Year for 2015. General Administration Approval of the following actions: - May 12, 2015 County Board Meeting Minutes; - Keith Carlson, Minnesota Inter -County Association (MICA) Executive Director, Nancy Silesky and Steve Novak, contracted MICA lobbyists, presented an overview of the 2015 Legislative Session; - Molly O'Rourke, County Administrator, introduced the new Washington County Library Director, Keith Ryskoski; - Board correspondence was received and placed on file; - Board Workshop to discuss county communications via the county website and social media sites, and review of draft policy; - Board Workshop review recommendation for structure changes to carry out economic development roles and functions. Public Works Approval of the following actions: - License for the use of real property by the Big Marine Lake Association allowing them to install a zebra mussel disc at the boat ramp at Big Marine Park Reserve to monitor for zebra mussels, and authorize execution of the license with the Big Marine Lake Association; - License for the use of real property by Seattle University to conduct a biological field survey for jumping spiders at Lake Elmo Park Reserve, and authorize execution of the license with Seattle University; - Resolution No. 2015-086, authorize final payment for the County State Aid Highway 21/23 (Pickett Avenue Connection); - Resolution No. 2015-087, Minnesota Ski Trail Assistance Program Grant Request; - Resolution No. 2015-088, construction agreement with Minnesota Department of Transportation for the Highway 36 North Frontage Road Realignment Project; - Resolution No. 2015-089, Right-of-way agreement with Minnesota Department of Transportation for the North Frontage Road Realignment Project; - Contract change to the County State Aid Highway 15 Construction Project to add a trail connection from Brown's Creek Trail to the trail on the east of County State Aid Highway 15; - Work Order #2 with Valley Paving, Inc., for County State Aid Highway 10, and authorization of final payment; - Resolution No. 2015-090, authorize final payment for the County State Aid Highway 10 2014 Pavement Preservation Project; - Work Order #6 with Hardrives, Inc. for County State Aid Highway 9, and County Road 91 Paving Projects and authorization of final payment; - Resolution No. 2015-091, authorize final payment for the County State Aid Highway 9 and County Road 91 2014 Pavement Preservation Projects; - Executive session with Public Works to review and determine an offer for acquisition of Stork property located at 2002 Fairmeadows Road; - Board workshop with Public Works to discuss land exchange agreements with Cottage Grove. Sheriff - Approval of authorization to enter into a user agreement with St. Croix County, Wisconsin, for the use of the Washington County Public Safety Radio Communications System. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners June 2, 2015 Present were Commissioners Fran Miron, District 1; Commissioner 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 Miron — reported that he appreciated Commissioner Kriesel and Commissioner Bigham's time in Washington, D.C., at the Minnesota Transportation Alliance, discussing significant issues. He reported that he was contacted by a staff person of Congressman Emmer, requesting a meeting with him and staff, to discuss legislative concerns at the federal level; - Commissioner Weik — reported that she attended the Library Community Forum at the Cottage Grove Service Center on May 27th. She wanted to thank the citizens that attended, and for the creative input and ideas. There was a wide representation of various communities in South Washington County. She is looking forward to the process this year, additional forums, and additional opportunities for community input. She was invited to be a guest and a co -host on the Karin Housley radio show last weekend. They were able to have an in-depth discussion of the Gateway Corridor initiatives at the Legislature, and she was able to thank Senator Housley and the rest of the delegation for their work for Washington County. She reported that the Child Protection Funding and Community Corrections Act funding are very critical aspects of county services; - Commissioner Bearth — reported that on June 4th, he will be at the Juvenile Justice Center with Tom Adkins, Community Corrections Director, for the quarterly meeting. He reported that he is looking forward to hearing about Commissioner Kriesel and Commissioner Bigham's Minnesota Transportation Alliance Meeting in Washington, D.C. General Administration Approval of the following actions: - Appoint Mary Ann Newman, Newport, as a District 4 Representative to the Historic Courthouse Advisory Council for a partial term expiring December 31, 2015; - Approval to amend the 2015 commissioner assignments to the Association of Minnesota Counties; - Molly O'Rourke, County Administrator, provided reminder about the Library Community Forum on Thursday, June 4th, from 7:00-9:00 p.m. at the Stillwater Government Center; - Projects recommended by the County Administrator for funding through the 2014 Countywide Mission Directed Budget savings program as amended; - Agreement with BOLDplanning for business continuity software; - Participation in the 2015 Performance Measurement Program; - County Policy #1905 Performance Management; - Letter to the Washington County legislative delegation; - Board correspondence was received and placed on file. Public Works Approval of the following actions: - Ratify contract changes with Valley Paving, Inc., for the County State Aid Highway 19-20-22 Project; - Donate office furniture to Carnelian -Marine St. Croix Watershed District; - 2015 Lake Elmo Park Reserve Master Plan; - Resolution No. 2015-084, award bid to Hardrives, Inc., for the County State Aid Highway 21 Pavement Preservation Project; A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. Washington County BOARD AGENDA JUNE 23, 2015 — 9:00 A.M. oard of Commissioners Fran Miron, District 1 Ted Bearttt District 2 Gary Kriesel,Chair, District 3 Karla Bigham, District 4 Lisa Weik, District 5 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibilityor function of WashingtonCountyGovernment, 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 meetingbegins and give it to the County Board secretary or the County Administrator. The CountyBoard Chair will askyou to come to the podium, state your name and city ofresidencg and presentyour comments. Your comments must be addressed exclusivelyto the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual'spresentationif it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County'sResponsibilities 3. 9:10 Consent Calendar — Roll Call Vote 4. 9:10 Public Works — Don Theisen, Public Works Director and Wayne Sandberg, Public Works Deputy Director A. Federal Legislative Update — Andy Burmeister, Lockridge Grindal Nauen B. Resolution — Award Bid to North Pine Aggregate, Inc., for Phase 1 of County State Aid Highway (CSAH) 17 Corridor Management and Safety Improvement/Old Village Project and Approve Cooperative Cost Share Agreement with the City of Lake Elmo for Phase 1 and Phase 2 — Wayne Sandberg, Public Works Deputy Director C. Approval of Amendment #1 with Kraus -Anderson Construction Company for General Conditions Expenses for the Public Works North Shop Project and the Sheriff Warm Storage Project — Don Theisen, Public Works Director D. Approval of Amendment #1 with Kraus -Anderson Construction Company for General Conditions Expenses for the Government Center 4th Floor Remodel Project — Don Theisen, Public Works Director 5. 9:35 Public Health & Environment— Judy Hunter, Senior Environmental Program Manager A. Update on Ramsey/Washington Resource Recovery Project Board Policy Evaluation Progress B. Resolution — 2015 Resource Recovery Project Budget Addendum 6. 10:00 General Administration — Molly O'Rourke, County Administrator A. Resolution — Issuance of General Obligation Bonds for Land and Water Legacy — Kevin Corbid, Deputy County Administrator and Kathy Aho, Springsted, Inc. B. Review the 2014 Performance Measures and Indicators Report — Amanda Hollis, Senior Planner C. Approval of Amendment #5 Agreement Between the State of Minnesota Tenth Judicial District and Washington County Related to Court Administration — Kevin Corbid, Deputy County Administrator 7. 10:40 Commissioner Reports — Comments — Questions A. Summary of County Administrator's Evaluation held on June 16, 2015 B. This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intendedto result in substantive board action during this time. Any action necessary because of discussion will be scheduled for afuture board meet* 8. Board Correspondence 9. 10:55 Adjourn 10. 11:00 Personnel Committee 11. 11:45 — 12:15 Reconvene for the Second Meeting of the County Board of Appeal and Equalization Assistive listening devices are available for use in the County Board Room If ,.n„ nao.r acddanra rr,, m d, ,.j,au,, nr rann„ana ha.riar nrnacu rail Mg.') d An Rnnn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * JUNE 23, 2015 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY Administration Community Corrections Property Records & Taxpayer Services Public Health & Environment Public Works ITEM A. Approval of May 26, 2015, County Board Meeting minutes. B. Approval of resolution authorizing the Community Corrections Director to renew the Joint Powers Agreement between the State of Minnesota, acting through its Commissioner of Corrections, Sentence to Service Program, and Washington County. C. Approval of two applications for Temporary On -Sale Liquor Licenses for the VFW Post 323 for a special event at the Washington County Fairgrounds located at 12300 N 40th St. in Baytown Township July 29 — 31 and August 1 — 2, 2015. D. Approval to enter into a Grant Project Agreement with the Minnesota Department of Public Health to expand upon our current Follow Along Program and provide education, resources, and follow up to those children identified with Autism Spectrum Disorder. E. Approval of the traffic control signal maintenance agreement between Washington County and the City of Cottage Grove. F. Approval of Amendment #1 to Contracts 8979, 8980 and 8981 with Metropolitan Mechanical Contractors, Inc. for Zones 1, 2 and 3 mechanical maintenance services. G. Approval of resolution authorizing the Parks Director to issue licenses for Ecological Research activities in county parks. H. Approval of resolution to enter into a State of Minnesota Detour Agreement No. 1000598 for Trunk Highway No. 61 between the Minnesota Department of Transportation and Washington County to provide road life compensation to the county for the detour of truck traffic from Trunk Highway 61 onto county highways. Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Assistive listening devices am available for use in the County Board Room If val. naa.i accie{anra rhea to Ai<ah;r`, nr tangofa0P hartinr nIPaen rail (n511 d an_annn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER June 11, 2015 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson David Johnson, Supervisors Fred Brandt, Linda Countryman, Sheila -Marie Untiedt and Lee Busse, Clerk Kathy Schmoeckel, Planner Sherri Buss, Treasurer Marsha Olson and Chief of Police Steve Nelson 1. AGENDA - M/S/P Countryman/Busse moved to adopt the agenda as written. (5 ayes) 2. MINUTES - M/S/P Untiedt/Brandt moved to approve the May 14, 2015 Stillwater Town Board Meeting minutes as written. (5 ayes) 3. ATTORNEY - a. McDonald Property - Agreement with Washington County - The agreement with Washington County to provide land acquisition in connection with the McDonald property has expired and will need to be amended if the Township still wishes to provide land for access to this park. M/S/P Untiedt/Countryman moved to authorize the Chair to sign the Amendment to the Land Acquisition Agreement for Park Purposes with Washington County. (5 ayes) 4. ENGINEER - David Johnson reported on several items from his conversations with Engineer Paul Pearson: • Pay Request for Overlay Project - The checks are being signed. Fred Brandt noted that there had been a significant savings on this project over what had been budgeted. •Telephone Pedestal at 94th Street and Neal - CenturyLink is reviewing the feasibility of relocating this since a resident had commented that this pedestal was often flooded. • Warranty Review of 2013 Overlay Project - Paul Pearson has reviewed these streets and signed off on the work. • Raleigh 3 Year Maintenance Contract - This will expire at the end of 2015. M/S/P Untiedt/Brandt moved to authorize the Engineer to prepare the specs for a new Maintenance Contract for the Township. (5 ayes) •The County is coordinating striping work for the Township. •The County is completing their paving reclamation project on Co. Rd. 51. 5. TREASURER - a. Report given. b. Checks and Claims - Checks and Claims #42761 through #42789 were approved for payment. 6. PLANNER - Stillwater Town Board Mtg. — 6/11/15 Page 2 a. Polasik Addition Minor Subdivision — A Public Hearing was held for this Minor Subdivision at last week's Planning Commission meeting. Tom and Diane Polasik have requested they combine two existing parcels and subdivide the combined parcel using "lot averaging" to create three parcels. The property is located at 14420 94th Street North in Stillwater Township. The two major remaining issues are related to roadways and the park dedication. There are two roadway issues for the future subdivision. The first is a future connecting roadway that is shown on the Township's Transportation Plan that follows the southern boundary of the Polasik property, and would connect 94th Street to Oak Green or Stonebridge. Chair Johnson noted that there could be connection to Stonebridge via the roadway easements that the Township has for an extension of Oak Green and along the Beyer parcel. Mr. Polasik stated that the western edge of his property has a steep drop and a road connection using Oak Green and the Beyer parcel easements would not be feasible. The second roadway issue is the ordinance requirement that the Polasiks need to provide an easement for a road to serve potential future development at the western side of Lot 1, and the potential development of parcels on surrounding properties. The ordinance requires that the final plat include an easement for the roadway right-of-way, and that the Polasiks either develop the road or provide plans that show the rough -grading and easements required for the road. The Engineer's comments noted these requirements. The Polasik's engineer provided a plan showing the potential grading for a roadway to serve the western side of Lot 1, but did not include easements for the road on the Final Plat. The Polasiks proposed that if easements must be shown for the roadway on the plat, that the easement rights should be granted to Lot 1, rather than to the Township. The Polasiks want to control the timing and development of a roadway to serve the future subdivision of Lot 1, and do not want the Township to develop the roadway to serve other parcels. The Planner created a potential condition per the Polasiks' request. The Board directed the Planner to review this condition with the Township's Attorney, who will advise the Board about whether this complies with the ordinance and is in the Township's interest. With respect to the park dedication, the Planning Commission did not make a recommendation until the Planner could determine if there is a proposed County trail along this property near Silver Creek, as reported by the Polasiks at the Planning Commission meeting. The Planner determined that there is a possible greenway corridor in the Comprehensive Plan along Silver Creek, but not a trail. The consensus was to have the park dedication be cash per the TKDA memorandum, since no trail is identified in the County or Township Comprehensive Plans. The Polasiks also requested that the Township permit them to obtain a building permit for the proposed home on parcel 2 prior to recording of the Final Plat at Stillwater Town Board Mtg. — 6/11/15 Page 3 Washington County. The Board directed the Planner to discuss whether this could be approved with the Township's Attorney. M/S/P Untiedt/Countryman moved approval of the Polasik Subdivision contingent upon receiving the recommendations from the Township's Attorney regarding the roadway easement and building permit. The Town Board noted that they could add this item to the agenda for the meeting on June 25 if needed to approve final conditions for the subdivision. The contingent approval included the following changes to the Planner's draft conditions set out in the TKDA memorandum dated 5/27/15: • Eliminate Condition #5 as it has been done. • Change Condition #2 per the Planning Commission's recommendation, and • If recommended by the Township's Attorney, add an additional condition: The applicants shall create a roadway and drainage and utility easement along the south border of Lots 2 and 3 to the western edge of Lot 2 that shall be dedicated to Lot 1 and recorded at Washington County for potential future roadway to serve future subdivision of Lot 1. If Lot 1 is subdivided in the future and a roadway is developed, the roadway right of way shall be dedicated to Stillwater Township for a public road. The easement shall include potential future ponding for the roadway on Lot 3. (5 ayes) b. Accessory Structures - Amendment to Zoning Ordinance - Sherri Buss reviewed the proposed ordinance which has been reviewed by the Planning Commission. The consensus of the Board was that for parcels over 8 acres, the allowed height should be no higher than the primary residence or up to 30 feet, whichever is higher. This new recommendation will be sent back to the Planning Commission for their reconsideration. They will also be asked to reconsider square footage requirements. Perhaps a formula could be worked out such that for increased square footage, the setback would be increased. 7. CHIEF OF POLICE a. Report given. There were 14 burning permits, none for buckthorn. No dogs were impounded. b. Stillwater Half Marathon - This was held on May 23 from 8am to 11am. There were no incidents. c. Body found at Fairy Falls - The sheriff's department is investigating a body found at Fairy Falls. d. Hail Storm Damage - Steve Nelson had been contacted by someone who wanted to contact Township residents about repairs. Steve Nelson noticed that in our Ordinance #137 solicitors are not required to pay a fee. The attorney will be asked if this can be changed to require a fee. e. ID's for Park Personnel - The Park Committee had discussed badges for park personnel. The Chief of Police would not recommend badges as such. f. Otto Berg Park - So far there have been 14 reservations already paid for with four more coming. 8. LIABILITY ISSUES IN TOWNSHIP PARKS - Lori Meyers was present to discuss what the County has done with respect to requiring insurance certificates for special events. Stillwater Town Board Mtg. — 6/11/15 Page 4 They also have a $100 fee to cover possible extra expenses such as extra garbage collection, monitoring of the event, etc. They have a $100 damage deposit for rental of facilities which people get back if there is no damage. The Park Committee will be asked to consider requiring a damage deposit and insurance certificates for special events. 9. PARCHETA WATER SKI COURSE - Curt Eklund was present to speak on behalf of the Parchetas. Steve Nelson had spoken to several neighbors along the lake and found three who wanted the course to be removed or limited. Others were basically in favor of it. The issues that had been cited were the closeness to the shore (the course has been moved farther out), safety issues (no safety issues have been called in in the history of the course) and the loudness of the boat (the loudness has to be below a certain noise level for competition). M/S/P Countryman/Busse moved to approve the Parcheta Water Ski Course permit. (5 ayes) 10. PARK COMMITTEE - • Raleigh has not been responding to the Park Manager's request for work. Linda Countryman will send the work orders to David Johnson who will contact Mike Raleigh. • Damage Deposit for Pavilion Use - M/S/P Untiedt/Busse moved to require a $100 damage deposit for pavilion use which will be returned if not needed. (5 ayes) • Discussion of possibly prohibiting the use of certain things such as dunk tanks and bounce houses. The Park Committee will be asked to review this issue and also review the Park Guidelines. • M/S/P Untiedt/Countryman moved to authorize the expenditure of up to $300 for vests with "Park Manager" on the back of them and for name badges. (5 ayes) 11. CITY OF STILLWATER PARK AND TRAILS PLAN - The Township has been given the opportunity to comment on the City's Park and Trails Plan. The consensus was that we would like to see a connection from our trails to the new Brown's Creek DNR trail. We will look at this further in connection with our Comprehensive Plan update. Would it be possible to establish a trail on the south side of Highway 96 on property that is still on Stillwater Township? 12. DONATION REQUESTS - Sheila -Marie Untiedt had received a request from Community Thread for a donation. They will be asked to formally request a donation and explain what the funds would be used for. The request will be discussed at the Township budget meeting in December. 13. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - The consensus was to stay in this program in case someone would be eligible and their application would be available in the Township. 14. BUILDING PERMITS FOR HAIL DAMAGE REPAIRS - Fred Brandt had received a call from a resident who felt that the cost of a building permit should be waived for hail damage repairs since this was an "act of God". The permit provides for a professional Stillwater Town Board Mtg. — 6/11/15 Page 5 examination of the work to ensure that it is done to code. The cost of these permits is no different than any other building work done in the Township. 15. ADJOURNMENT - The meeting was adjourned at 10:50 p.m. Clerk Chairperson Approved Summary of Proceedings Washington County Board of Commissioners May 26, 2015 Present were Commissioners Fran Miron, District 1; Commissioner 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 Miron — reported that he attended the Foster Care Providers Recognition Event. It was well run, and he thanked Dan Papin, Community Services Director, and staff for their work. He reported that foster care providers are in an interesting vocation. He reported that he used the word "vocation" because it is not just a job. Foster care providers need to be passionate about their work, and it is a noble work; Commissioner Weik — reported that the county has a record number of twenty-eight newly - licensed adult and child foster care providers. She expressed gratitude to all of the families who provide foster care, and said that she appreciated Dan Papin's creativity at the Foster Care Providers Recognition Event; Commissioner Bearth — reported that the Foster Care Providers Recognition Event is a great event. He agreed with Commissioner Miron, that providing foster care is not just a job. He requested that next time, the event is not scheduled on the same night as the Park Board Meeting, so that he can attend; - Commissioner Bigham — reported that on May 25th, she was able to speak at the Cottage Grove Memorial Day event, and wanted to thank the Beyond the Yellow Ribbon Committee in Cottage Grove, and the City of Cottage Grove for the wonderful Memorial Day Event, and opportunity to come together as a community to celebrate fallen heroes; attended the Metropolitan Transportation Advisory Board Meeting. She provided an update on the meeting. The Advisory Board received 116 applications for funding in the three categories of Roads & Bridges, Transit, and Bikes. They totaled more than $400 million. There were three funding scenarios. They approved funding scenario A, which would fund 51 projects for a total of $171 million. Washington County submitted six applications for funding, and three of those were awarded. All of the projects were reflected in the five-year Capital Improvement Plan for the years 2017, 2018, and 2019; attended a meeting in Newport regarding Resource Recovery Services. There is an open house for the libraries on May 27th at the Cottage Grove Service Center, from 7:00 p.m. to 9:00 p.m. The Military and Radio round about is now open. Next week, she will be at the Minnesota Transportation Alliance Fly -In in Washington, D.C., and will not be attending next week's Board Meeting; Commissioner Kriesel — reported that he will be in Washington, D.C., for the Minnesota Transportation Alliance, and that this is an annual event, and that the legislative delegation feel that it is very important that counties participate in it; attended the Walter Mondale event at the Water Street Inn with the Department of Natural Resources (DNR). The topic for discussion was should the DNR have variance approval, above and beyond the local governments. Commissioner Kriesel reported that at this time that is not something that he would support, but that it was an interesting discussion. Community Services - Approval of Resolution No. 2015-080, to Minnesota Department of Human Services issuing a recommendation for the selection of Managed Care Organizations to provide services to Washington County residents enrolled in some publicly funded health care programs. General Administration Approval of the following actions: - May 5, 2015 County Board Meeting minutes; - Appoint Wade Johnson, May Township, to the Carnelian -Marine Watershed District to a three- year term expiring June 21, 2018; - Molly O'Rourke, County Administrator, provided legislative updates; - Board correspondence was received and placed on file. - Board Workshop to discuss the Diversity and Inclusion Task Force; - Board Workshop to discuss the status of the Washington County Legislative agenda. Housing and Redevelopment Authority Approval of the following actions: - Public Hearing on the sale of bonds backed by the general obligation of Washington County for the Piccadilly Square Development; - Resolution No. 2015-081, Piccadilly Square Development Project, and the pledge of the general obligations to be issued. Public Works Approval of the following actions: - Resolution No. 2015-082, Transfer of Trunk Highway 5 agreement with the State of Minnesota; - Resolution No. 2015-083, Accept Award of Interpretive Sign from the National Parks Service for the Newport Transit Station; - Amendment #2 to contract between Washington County and Bolton & Menk, Inc., for additional design and construction engineering for the County Road 62/63/Parking Lot Improvement Project; - Ratify the final contract amendments with Hardrives, Inc. for the County Road 62/63 lot project; Change order no. 1 to contract with Crosstown Masonry, Inc. - Board Workshop to review County State Aid Highway 19/20/22 Project; - Board Workshop to provide update on the City Place Project in Woodbury. 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. May 14, 2015 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson David Johnson, Supervisors Fred Brandt, Linda Countryman, Sheila -Marie Untiedt and Lee Busse, Clerk Kathy Schmoeckel, Planner Sherri Buss, Treasurer Marsha Olson, Chief of Police Steve Nelson and Park Manager Jackie Garafalo. 1. AGENDA - M/S/P Brandt/Busse moved to adopt the agenda as amended. (5 ayes) 2. MINUTES - M/S/P Untiedt/Countryman moved to approve the April 9, 2015 Stillwater Town Board Meeting minutes as written. (5 ayes) 3. ENGINEER - a. Documents re Bituminous Road Project - M/S/P Untiedt/Brandt moved to authorize the Chair to sign the documents with respect to the 2015 Bituminous Road Project. (5 ayes) b. Resolution re Round About - M/S/P Brandt/Untiedt moved to authorize the Chair to sign the resolution acknowledging the Washington County project to place a round -about at Highway 96 and Manning Avenue. (5 ayes) c. Drainage Issue at 94th Street and Neal Avenue - David Johnson and Engineer Paul Pearson had met at this location to observe drainage issues. There are several driveways here and their culverts seem to be plugged. The property owners along Neal Avenue have established lawns up to the road. One of the property owners, John Harrington, was present. He said that over time the culverts have filled in and they have noticed standing water after heavy rains. With the new Linn development, he believes the problem has gotten worse. The water can actually interrupt their telephone service. To correct this problem would require a large expense for labor and materials. Is the problem great enough to justify the expense? It would also change the landscape of some homeowners. Culverts have not been operational for some time and the ditches are now lawn. The consensus was to get a cost for a north -south culvert or possibly for a rain garden. For the most part, the water is absorbed into the ground. PUBLIC HEARING - BENSON VARIANCE - 7:30 P.M. Neighbors Present: Robert C. Benson, 14722 97th St N Mathew Josephson, 9545 Otchipwe Av N Dennis Graham, 9766 Ottumwa Av N Chair David Johnson opened the Public Hearing and gave the ground rules for the hearing. Planner Sherri Buss reviewed the issues involved. Mr. Benson is asking for a variance to construct an accessory building closer to the side lot line and the roadway