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HomeMy WebLinkAbout2004-07-06 CC Packet DI~ . CITY OF STILLWATER CITY COUNCIL MEETING NO. 04-14 Council Chambers, 216 North Fourth Street July 6, 2004 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Capital Improvement Plan STAFF REPORTS 1.Police Chief 2.Fire Chief 3. City Clerk 4. Director of Admin. 5. Community Dev. Director 6. City Engineer/PWD 7. City Attorney 8. City Administrator CALL TO ORDER ROLL CALL ddress Council on subjects which are not a part of ply at the time of the statement or may give direction sed. APPROVAL OF MINUTES PETITIONS, INDIVIDUALS, DELEGATIONS & CO .PEN FORUM The Open Forum is a portion of the Counci the meeting agenda. The Council may take to staff regarding investigation of the c CONSENT AGENDA* 1. Resolution 2004-134, directing bills 2. Possible approval to purch all a 15000 lb. two post truck car lift - Public Works 3. Resolution 2004-135, appr ded purchase policy 4. Resolution 2004-136, approv enter into agreement with State of Minnesota relating to Traffic Control Signals according to Mn ...... aT agreement 86573M 5. Approval of application by Dave Hackler to Sell 3-2 Beer at Lily Lake Ballfield for Ball Tournament- July 23-25, 2004 6. Resolution 2004-137, approving salary for Shelly Schaubach, part-time Secretary. 7. Resolution 2004-138, approving Drug and Alcohol Testing Policy for pre-employment and reasonable suspicion purposes. 8. Approval of Fireworks permit for Food N Fuel-1101 Owens 9. Approval of Fireworks permit for Oasis Market - 1750 Greeley Street S 10. Approval of Fireworks permit for Holiday - 2500 Orleans Street 11. Approval of Utility Bill Adjustments 12. Application for lawful gambling exempt permit for raffle on August 31,2004 at Oak Glen Country Club- Stillwater Public Library 13. Update on Stillwater Depot/Minnesota Zephyr signage . 14. Resolution 2004-139, Approving Reclassification of Sharon Harrison as Finance Director 15. Resolution 2004-140, Appointing City Treasurer, Deputy Treasurer, And Acting Treasurer 16. Resolution 2004-141, Approving Salary' Schedule for Finance Director 17. Approval to proceed with the posting of Fire Chief position 18. Resolution 2004-142, Approving 2004-2006 Labor Agreement between the City of Stillwater and the Stillwater Firefighters Association (available Tuesday) PUBLIC HEARINGS 1. This is the date and time for a public hearing to consider the reconveyance of City land. Notice was published in the Stillwater Gazette on June 4, 11, 18, and 25, 2004. . UNFINISHED BUSINESS 1. Possible approval of resolution adopting findings of fact relating to the denial of the appeal of the Planning Commission's decision on a request from Ed Hawksford, representing Jeff and Julie Anderson, for a modification to the special use permit for a bed and breakfast located at 306 West Olive Street in the RB, Two Family Residential District (Resolution) . 2. Update on Teddy Bear Park 3. CDBG Agreement for North Hill Redevelopment Project (Resolution) 4. Possible acceptance of bids and awarding sale of Fire Engine (Resolution) NEW BUSINESS 1. Request for housing assistance by HSI for Home Free Project 2. Possible approval of proposed Special Event Policy (Resolution) 3. Possible adoption of resolutions 4. Discussion of reopening of Poplar Street * All items listed under the consent agenda enacted by one motion. There will be no citizen so requests, in which event, th separately. . PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIO COMMUNICA TIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT to be routine by the City Council and will be ussion on these items unless a Council Member or removed from the consent agenda and considered r-- /,,0: p"nrJ orxb ~ . oV\J ~ rn<< ~ ~1--~~~~ . I' .j . . . MEMORANDUM July 2, 2004 TO: Mayor and City Council Larry D. Hansen, City Administrator FROM: SUBJECT: Workshop - Capital Improvement Program Although the CIP is not yet complete, it is far enough along that we can have meaningful discussion on it. The CIP itself is over one inch thick and contains a wealth of information regarding capital project, capital purchase and proposed funding sources. My intention for Tuesday's workshop is to present only two reports form the CIP and explain their format and important highlights. After you understand the reports my hope is that in the next two weeks the Council could review same to make sure we have included all capital projects for the next five years. If it is possible to delete some projects, that would also be quite welcome. Once you are assured that the CIP accurately reflects Council's plan, we will finish assembling the total package and present it for Council approval. Should any of you have any immediate questions or concerns, please contact me. ", ... Capital Improvement Plan . City of Stillwater, Minnesota SOURCES OF REVENUES SUMMARY 2004 Thru 2008 Source 2004 2005 2006 2007 2008 Total Tax SUDDorted GO Debt - Annual 801,725 1,383,550 1,175,050 918,100 983,400 5,261,825 GO Debt - Capital Projects 1,500,000 5,000,000 2,500,000 9,000,000 Other 3M Foundation Donation 200,000 50,000 250,000 Board of Water Commissioners 60,000 60,000 60,000 60,000 240,000 Capital Fund Raising Campaign 4,000,000 4,000,000 Capital Reserves 925,000 812,500 200,000 525,000 2,462,500 Contribution 1,000,000 1,000,000 Developer Fees 250,000 1,000,000 1,250,000 Federal Assistance 500,000 2,800,000 3,125,000 6,425,000 General Fund 25,000 35,000 5,000 65,000 Grants - State 1,000,000 550,000 812,500 2,362,500 . Lowell Park Reserves 520,000 520,000 Municipal State Aid Funds 250,000 100,000 1,600,000 200,000 650,000 2,800,000 Parking fund 199,500 1,500,000 1,699,500 Sanitary Sewer Fund 714,000 104,900 390,000 100,000 300,000 1,608,900 Signs and Lighting Fund 5,000 50,000 55,000 Special assessments 2,525,000 800,000 500,000 525,000 4,350,000 Storm sewer Fund 100,000 100,000 100,000 100,000 400,000 Tax Increment Financing 1,500,000 1,500,000 Unfunded 250,000 530,000 3,400,000 13,300,000 17,480,000 Total 4,995,225 18,033,450 13,225,050 6,533,100 19,943,400 62,730,225 . <' .J Capital Improvement Plan . City of Stillwater, Minnesota PROJECTS BY DEPARTMENT AND FUNDING SOURCE 2004 tbru 2008 Department Project# Priority 2004 2005 2006 2007 2008 Total Administration Document Imaging System 04-4040-001 8,000 8,000 GO Debt - Anuual (Tax Supported) 8,000 8,000 Computer Replacement 04-4040-002 2 1,800 5,400 1,800 3,600 12,600 GO Debt - Anuual (Tax Supported) 1,800 5,400 1,800 3,600 12, 600 Projector 05-4040-002 2 3,000 3,000 GO Debt - Anuual (Tax Supported) 3,000 3,000 Scanner-Document Imaging 05-4040-003 2 11,000 11,000 GO Debt - Anuual (Tax Supported) 11,000 11,000 Optical Disk Jukebox 06-4040-001 2 17,000 17 ,000 GO Debt. Anuual (Tax Supported) 17,000 17,000 Copier 08-4040-001 2 25,000 25,000 GO Debt - Anuual (Tax Supported) 25,000 25,000 eostage Machine 08-4040-002 2 6,000 6,000 GO Debt - Anuual (Tax Supported) 6,000 6,000 Administration Total 12,800 16,400 18,800 34,600 82,600 Building Inspections Software Upgrades 04-4080-001 2,000 2,000 GO Debt - Anuual (Tax Supported) 2,000 2,000 Computer Replacement 04-4080-002 2 6,100 1,800 3,600 11,500 GO Debt - Anuual (Tax Supported) 6,100 1,800 3,600 11,500 Pickup Truck 04-4080-003 25,000 25,000 GO Debt - Anuual (Tax Supported) 25,000 25,000 Copier-3rd Floor 05-4080-002 2 5,000 5,000 GO Debt - Anuual (Tax Supported) 5,000 5,000 Wireless Network 05-4080-003 2 4,000 4,000 8,000 GO Debt - Anuual (Tax Supported) 4,000 4, 000 8,000 Building Inspections Total 33,100 10,800 4,000 3,600 51,500 Civil Defense Siren Upgrades 04-4085-001 22,000 22,000 GO Debt - Anuual (Tax Supported) 22,000 22,000 Civil Defense Total 22,000 22,000 .ommunity Development omputer Replacement 04-4055-001 2 1,800 1,800 1,800 1,800 7,200 GO Debt - Anuual (Tax Supported) 1,800 1,800 1,800 1,800 7,200 Page I of 9 Friday, June 18, 2004 ..... 2006 2007 2008 Total \, Department Project# Priority 2004 2005 Copier-3rd Floor 05-4055-001 2 5,000 5,000 GO Debt - Anuual (Tax Supported) 5,000 5'O~. Downtown Improvement-Phase I 05-4055-002 600,000 600,000 Capital Reserves 200,000 200,000 Federal Assistance 300,000 300,000 Grants - State 100,000 100,000 Munkowitz Park Land 05-4055-003 2 600,000 300,000 900,000 Grants - State 450,000 450,000 Unfunded 150,000 300,000 450,000 RecreationlT raining Center 05-4055-004 4 35,000 2,000,000 5,000,000 7,035,000 General Fund 35,000 35,000 Unfunded 2,000,000 5,000,000 7,000,000 Lowell Park Improvement 06-4055-002 1,000,000 1,000,000 Lowell Park Reserves 520,000 520,000 Unfunded 480,000 480,000 Pedestrian Plaza 06-4055-003 750,000 750,000 GO Debt - Anuual (Tax Supported) 375,000 375,000 750,000 Trail Connection 06-4055-004 500,000 500,000 Capital Reserves 62,500 62,500 Federal Assistance 375,000 375,000 Grants - State 62,500 62,500 Arts and Cultural Center 07-4055-001 4 2,000,000 2,000,000 Contribution/Other 1,000,000 1,000,000 Unfunded 1,000,000 1,000,000 Aiple Property Park Improvement 08-4055-001 4 4,000,000 4,000,000 Unfunded 4,000,000 4,000,000 Cvu.uu.nllty Development Total 1,800 1,240,000 2,251,800 4,301,800 9,001,800 16,797,200. Elections Voting Booths 05-4010-001 3,000 3,000 6,000 GO Debt - Anuual (Tax Supported) 3,000 3,000 6,000 Elections Total 3,000 3,000 6,000 En~ineerin~ Computer Disc Storage 04-4090-001 0 2,500 2,500 GO Debt - Anuual (Tax Supported) 2,500 2,500 File Cabinets 04-4090-002 0 2,500 2,500 GO Debt - Anuual (Tax Supported) 2, 500 2,500 4 X 4 Vehicle 04-4090-003 0 18,000 18,000 GO Debt - Anuual (Tax Supported) 18,000 18,000 Computer Replacement 04-4090-004 2 8,900 5,400 1,800 3,600 19,700 GO Debt - Anuual (Tax Supported) 8,900 5,400 1,800 3,600 19,700 Stage 3-Flood Control Project 04-4090-005 500,000 3,000,000 4,000,000 7,500,000 Capital Reserves 500,000 500,000 1,000,000 Federal Assistance 500,000 2,500,000 2, 750,000 5,750,000 Grants - State 750,000 750,000 North Hill Project 04-4090-006 3,000,000 2,000,000 5,000,000 GO Debt-Capital Projects (Tax Supporled) 1,500,000 1,500,000 Grants. State 1,000,000 1,000,000 Municipal State Aid Funds 250,000 250,000 Sanitary Sewer Fund 250,000 250,000. SpeCial Assessments 2,000,000 2,000,000 Street Improvement Project 05-4090-001 1,000,000 1,000,000 1,000,000 1,000,000 4,000,000 Board of Water Commissioners 60,000 60,000 60,000 60,000 240,000 Page 2 of 9 Friday, June 18, 2004 ,I Department Project# Priority 2004 2005 2006 2007 2008 Total Capital Reserves 200,000 200,000 200,000 200,000 800,000 Municipal State Aid Funds 100,000 100,000 100,000 100,000 400,000 . Sanitary Sewer Fund 40,000 40,000 40,000 40,000 160,000 Special Assessments 500,000 500,000 500,000 500,000 2,000,000 Stonn Sewer Fund 100,000 100,000 100,000 100,000 400,000 Sidewalk Rehabilitation Project 05-4090-002 2 50,000 100,000 50,000 200,000 Capital Reserves 25,000 50,000 25,000 100,000 Special Assessments 25,000 50,000 25,000 100,000 Trail Improvement Project 05-4090-003 3 100,000 50,000 100,000 300,000 550,000 Unfunded 100,000 50,000 100,000 300,000 550,000 Copier-3rd Floor 05-4090-005 2 5,000 5,000 GO Debt - Anuual (Tax Supportecl) 5,000 5,000 Boutwell Road Upgrade 06-4090-004 3 2,000,000 2,000,000 Developer Fees 250,000 250,000 Municipal State Aid Funds 1,500,000 1,500,000 Special Assessments 250,000 250,000 County Road Improvements and Signals 07 -4090-005 2 150,000 50,000 200,000 Municipal State Aid Funds 100,000 50,000 150,000 Signs and Lighting Fund 50,000 50,000 Curve Crest Boulevard Connection 08-4090-004 2 1,500,000 1,500,000 Developer Fees 1,000,000 1,000,000 Municipal State Aid Funds 500,000 500,000 T.H.36 Improvements 08-4090-006 2 300,000 300,000 Capital Reserves 300,000 300,000 Engineering Total 3,531,900 6,160,400 7,151,800 1,250,000 3,203,600 21,297,700 Finance .omputer Replacement 04-4030-001 2 5,400 1,800 5,400 12,600 GO Debt - Anuual (Tax Supportecl) 5,400 1,800 5,400 12,600 Server 06-4030-001 2 6,000 6,000 GO Debt - Anuual (Tax Supportecl) 6,000 6,000 Printer Replacement 08-4030-001 2 4,000 4,000 GO Debt - Anuual (Tax Supportecl) 4,000 4,000 Finance Total 5,400 1,800 6,000 9,400 22,600 Fire Carpet-Day Room 04-4070-001 2,700 2,700 GO Debt - Anuual (Tax Supportecl) 2,700 2,700 Lighting/Circulation Fans-Apparatus Floor 04-4070-002 16,960 16,960 GO Debt - Anuual (Tax Supportecl) 16,960 16,960 Minitor IV Pagers 04-4070-003 3,360 3,500 3,500 3,500 3,500 17,360 GO Debt - Anuual (Tax Supportecl) 3,360 3,500 3,500 3,500 3,500 17,360 Portable Radios 04-4070-004 0 3,480 3,480 GO Debt - Anuual (Tax Supportecl) 3,480 3,480 Stack Chairs 04-4070-005 0 4,700 4,700 GO Debt. Anuual (Tax Supported) 4,700 4,700 Tum Out Gear 04-4070-006 6,625 7,000 7,000 7,000 7,000 34,625 GO Debt. Anuual (Tax Supportecl) 6,625 7,000 7,000 7,000 7,000 34,625 Computer Replacement 04-4070-007 2 6,600 5,400 3,600 15,600 GO Debt. Anuual (Tax Supportecl) 6,600 5,400 3,600 15,600 .adder Truck-3rd Installment 04-4070-008 0 234,000 234,000 GO Debt. Anuual (Tax Supportecl) 234,000 234,000 Fire StationlPublic Safety Facility 04-4070-009 25,000 2,500,000 2,525,000 General Fund 25,000 25,000 Page 3 of 9 Friday. June 18. 2004 ". Department Project# Priority 2004 2005 2006 2007 2008 Total \. GO Debt-Capital Projects (Tax Supported) 2,500,000 2,500,000 EMS Safety Apparel 05-4070-001 7,500 7,50. GO Debt - Anuual (Tax Supported) 7,500 7,50 Wildfire Firefighting Gear 05-4070-002 20,000 20,000 GO Debt - Anuual (Tax Supported) 20,000 20,000 Security System 05-4070-003 25,000 25,000 GO Debt - AnuuaJ (Tax Supported) 25,000 25,000 Copier-Fire Department 05-4070-005 2 6,000 6,000 GO Debt - Anuual (Tax Supported) 6,000 6,000 Wireless Network 05-4070-006 2 5,000 5,000 5,000 15,000 General Fund 5,000 5,000 GO Debt - AnuuaJ (Tax Supported) 5,000 5,000 10,000 Epoxy Floor Covering-Apparatus Bay 06-4070-001 3 24,500 24,500 GO Debt - AnuuaJ (Tax Supported) 24,500 24,500 GrasslWild Land Firefighting Vehicle 06-4070-004 80,000 80,000 GO Debt - Anuual (Tax Supported) 80,000 80,000 Printer Replacement 06-4070-005 2 2,000 2,000 GO Debt - Anuual (Tax Supported) 2,000 2,000 Washing Machine/Extractor 07-4070-002 12,000 12,000 GO Debt - Anuual (Tax Supported) 12,000 12,000 800 MHz Radio Station 07-4070-003 50,000 50,000 GO Debt - AnuuaJ (Tax Supported) 50,000 50,000 GrasslWild land Firefighting Vehicle 07-4070-004 80,000 80,000 GO Debt - AnuuaJ (Tax Supported) 80,000 80,000 Fire Engine 08-4070-001 300,000 300,000 GO Debt - Anuual (Tax Supported) 300,000 300,000 Fire Hose Dryer 08-4070-002 3 10,000 10,00. GO Debt - Anuual (Tax Supported) 10,000 10,000 Fire Total 303,425 74,000 127,400 157,500 2,824,100 3,486,425 Library Microform Reader/Printer 04-4230-001 10,500 10,500 GO Debt - Anuual (Tax Supported) 10,500 10,500 Computer Replacement 04-4230-002 3 10,000 14,750 14,750 16,000 16,000 71,500 GO Debt - Anuual (Tax Supported) 10,000 14,750 14,750 16,000 16,000 71,500 Tuckpointing 04-4230-003 4 10,000 10,000 GO Debt - Anuual (Tax Supported) 10,000 10,000 Public Computers (Additional) 05-4230-001 2 5,000 5,000 10,000 GO Debt - Anuual (Tax Supported) 5,000 5,000 10,000 Laptop Computers 05-4230-002 3 2,000 2,000 4,000 GO Debt - Anuual (Tax Supported) 2,000 2, 000 4,000 Children's CD ROM Computers 05-4230-003 3 2,000 2,000 4,000 GO Debt - Anuual (Tax Supported) 2,000 2,000 4,000 Printer Replacement 05-4230-004 3 2,000 2,000 2,000 6,000 GO Debt - AnuuaJ (Tax Supported) 2,000 2,000 2,000 6,000 Copiers 05-4230-005 5,000 5,000 10,000 GO Debt - AnuuaJ (Tax Supported) 5,000 5,000 10,000 SmartCheck Equipment 05-4230-006 230,000 230,000 3M Foundation Donation 200,000 200,000 GO Debt. AnuuaJ (Tax Supported) 30,000 30,000. Radio Frequency Identification Project 05-4230-007 30,000 5,000 35,00 GO Debt. AnuuaJ (Tax Supported) 30,000 5,000 35,000 Building Expansion & Renovation 05-4230-008 9,000,000 9,000,000 Page 4 of9 Friday, JUlie 18, 2004 # Department Project# Priority 2004 2005 2006 2007 2008 Total Capital Fundraising Campaign 4,000,000 4,000,000 GO Debt-Capital Projects (Tax Supported) 5,000,000 5,000,000 eelePhone System 06-4230-001 25,000 25,000 GO Debt - Anuual (Tax Supported) 25,000 25,000 Self Check Equipment 06-4230-002 58,600 58,600 3M Foundation Donation 50,000 50,000 GO Debt - Anuual (Tax Supported) 8,600 8,600 Kitchen Equipment 06-4230-003 2 1,500 4,000 5,500 GO Debt - Anuual (Tax Supported) 1,500 4,000 5, 500 Listening Equipment 07 -4230-001 3 4,000 4,000 GO Debt - Anuual (Tax Supported) 4,000 4,000 Print Management System 07-4230-002 4 5,000 5,000 GO Debt - Anuual (Tax Supported) 5,000 5,000 Wireless Intemet Technology & PDAs 07-4230-003 3 10,000 10,000 GO Debt - Anuual (Tax Supported) 10,000 10,000 Programming Equipment 07-4230-004 3 6,000 6,000 GO Debt - Anuual (Tax Supported) 6,000 6,000 Shelving 08-4230-001 3 18,600 18,600 GO Debt - Anuual (Tax Supported) 18,600 18,600 Easy Bins 08-4230-002 3 3,000 3,000 GO Debt - Anuual (Tax Supported) 3,000 3,000 Library Total 30,500 9,290,750 116,850 45,000 43,600 9,526,700 MIS E-Commerce-Phase I 04-4020-001 0 13,000 13,000 GO Debt - Anuual (Tax Supported) 13,000 13,000 .esite Upgrades & Computer 04-4020-002 0 6,000 6,000 GO Debt - Anuual (Tax Supported) 6,000 6,000 Computer Replacement 04-4020-003 2 14,500 1,800 1,800 18,100 GO Debt - Anuual (Tax Supported) 14,500 1,800 1,800 18,100 Server PurchaselUpgrades 05-4020-002 2 10,000 10,000 3,000 23,000 GO Debt - Anuual (Tax Supported) 10,000 10,000 3,000 23,000 Software Licensing 05-4020-003 2,500 2,500 2,500 2,500 10,000 GO Debt - Anuual (Tax Supported) 2,500 2,500 2,500 2,500 10,000 Telephone System 05-4020-004 2 1,500 1,500 5,000 1,500 9,500 GO Debt - Anuual (Tax Supported) 1,500 1,500 5,000 1,500 9,500 Website Upgrades 05-4020-005 2 3,500 3,500 1,500 8,500 GO Debt - Anuual (Tax Supported) 3,500 3,500 1,500 8,500 Wireless Network 05-4020-006 2 20,000 20,000 20,000 60,000 GO Debt - Anuual (Tax Supported) 20,000 20,000 20,000 60,000 Software License 06-4020-001 11,000 11,000 22,000 GO Debt - Anuual (Tax Supported) 11,000 11,000 22,000 MIS Total 33,500 39,300 48,500 32,300 16,500 170,100 Parkin2 Computer & Software 04-4720-001 3,500 3,500 Parking Fund 3,500 3,500 TH 95 Parking Lane 04-4720-002 2 196,000 196,000 Parking Fund 196,000 196,000 earking Structure-2nd & Mulberry 06-4720-001 2 3,000,000 3,000,000 Parking Fund 1,500,000 1,500,000 Tax Increment Financing 1,500,000 1,500,000 Page 5 of 9 Friday, June 18, 2004 Department Project# 2004 2005 2006 2007 2008 Total ~ Priority Downtown Parking Ramp #2 08-4720-001 3 4,000,000 4,000,000 Unfunded 4,000,000 4'OOO'00~. Parking Total 199,500 3,000,000 4,000,000 7,199,500 Parks Park Improvements 04-4240-D01 3 100,000 75,000 75,000 75,000 75,000 400,000 GO Debt - Anuual (Tax Supported) 100,000 75,000 75,000 75,000 75,000 400,000 3 Point Hitch Rough Mower 04-4240-002 0 6,000 6,000 GO Debt - Anuual (Tax Supported) 6,000 6,000 large Park Mower 04-4240-D03 0 30,000 30,000 GO Debt - Anuual (Tax Supported) 30,000 30,000 Park Equipment 04-4240-D04 0 50,000 50,000 GO Debt - Anuual (Tax Supported) 50,000 50,000 Computer Replacement 04-4240-005 2 1,800 1,800 3,600 GO Debt - Anuual (Tax Supported) 1,800 1,800 3,600 1 Ton Truck 05-4240-D01 50,000 50,000 GO Debt - Anuual (Tax Supported) 50,000 50,000 lawn Sweeper 05-4240-D02 24,000 24,000 GO Debt - Anuual (Tax Supported) 24,000 24,000 Lawn Tractor 06-4240-001 25,000 25,000 GO Debt - Anuual (Tax Supported) 25,000 25,000 1 Ton Truck 06-4240-D02 50,000 50,000 GO Debt - Anuual (Tax Supported) 50,000 50,000 1/2 Ton Pickup Truck 07 -4240-D01 20,000 20,000 GO Debt - Anuual (Tax Supported) 20,000 20,000 lawn TractorlMower 07 -4240-D02 25,000 25,00. GO Debt - Anuual (Tax Supported) 25,000 25,000 In Field Grooming Machine 08-4240-001 20,000 20,000 GO Debt - Anuual (Tax Supported) 20,000 20,000 Skid loader 08-4240-D02 25,000 25,000 GO Debt. Anuual (Tax Supported) 25,000 25,000 Parks Total 187,800 149,000 150,000 120,000 121,800 728,600 Plant/City Hall 3rd Floor Reception Area Remodeling 04-4050-001 2 6,500 6,500 GO Debt - Anuual (Tax Supported) 6,500 6,500 Floor Scruber 04-4050-002 0 2,200 2,200 GO Debt. Anuual (Tax Supported) 2,200 2,200 City Hall Flooring Replacement 05-4050-D02 2 22,000 17,000 17,000 5,000 61,000 GO Debt - Anuual (Tax Supported) 22,000 17,000 17,000 5,000 61,000 Floor Buffer 07-4050-001 4 3,000 3,000 GO Debt - Anuual (Tax Supported) 3,000 3,000 Plant/City Hall Total 8,700 22,000 17,000 20,000 5,000 72,700 Police Digital Dictation System 04-4060-001 0 10,000 10,000 GO Debt - Anuual (Tax Supported) 10,000 10,000 Radios 04-4060-D02 0 5,000 5':e GO Debt - Anuual (Tax Supported) 5,000 5, Computer Replacement 04-4060-003 2 3,600 3,600 9,000 9,000 1,800 27,000 GO Debt - Anuual (Tax Supported) 3,600 3,600 9,000 9,000 1,800 27,000 Page 6 of 9 Friday, June 18, 2004 Department Project# Priority 2004 2005 2006 2007 2008 Total Squad Cars & Rehab 04-4060-004 0 72,000 72,000 GO Debt. Anuual (Tax Supported) 72,000 72,000 eigital Video Camera 05-4060-001 3 3,000 3,000 GO Debt. Anuual (Tax Supported) 3,000 3,000 Investigator Vehicle 05-4060-002 3 24,000 24,000 GO Debt. Anuual (Tax Supported) 24,000 24,000 Office Fumiture 05-4060-003 3 25,000 25,000 GO Debt. Anuual (Tax Supported) 25,000 25,000 3 Squad Cars 05-4060-004 93,000 93,000 GO Debt - Anuual (Tax Supported) 93,000 93,000 Emergency Operations Center 05-4060-006 2 10,000 5,000 15,000 GO Debt. Anuual (Tax Supported) 10,000 5,000 15,000 Wireless Network 05-4060-007 2 15,000 15,000 10,000 40,000 GO Debt- Anuual (Tax Supported) 15,000 15,000 10,000 40,000 Assault Rifles 06-4060-001 10,000 10,000 GO Debt. Anuual (Tax Supported) 10,000 10,000 SCA Computer Networking System 06-4060-002 25,000 25,000 GO Debt. Anuual (Tax Supported) 25,000 25,000 3 Squad Cars 06-4060-003 95,000 95,000 GO Debt. Anuual (Tax Supported) 95,000 95,000 Video Storage System 06-4060-004 3 18,000 18,000 GO Debt - Anuual (Tax Supported) 18,000 18,000 Laptop Computer Replacement 06-4060.005 2 2,500 2,500 GO Debt. Anuual (Tax Supported) 2,500 2,500 Projector Replacement 06-4060-006 2 1,800 1,800 GO Debt - Anuual (Tax Supported) 1,800 1,800 eameras 07-4060-001 3 8,000 8,000 GO Debt. Anuual (Tax Supported) 8,000 8,000 Investigator Vehicle 07 -4060-002 3 26,000 26,000 GO Debt - Anuual (Tax Supported) 26,000 26,000 Radar Units 07-4060-003 2 45,000 45,000 GO Debt - Anuual (Tax Supported) 45,000 45,000 2 Squad Cars 07 -4060-004 64,000 64,000 GO Debt. Anuual (Tax Supported) 64,000 64,000 800 MHz Radio Station 07-4060-005 76,500 76,500 GO Debt. Anuual (Tax Supported) 76,500 76,500 Copier-Police Department 07-4060-006 2 15,000 15,000 GO Debt - Anuual (Tax Supported) 15,000 15,000 Speed Wagon 08-4060-001 3 19,000 19,000 GO Debt. Anuual (Tax Supported) 19,000 19,000 Video Recorders 08-4060-002 3 35,000 35,000 GO Debt. Anuual (Tax Supported) 35,000 35,000 3 Squad Cars 08-4060-003 97,000 97,000 GO Debt. Anuual (Tax Supported) 97,000 97,000 Police Total 90,600 173,600 181,300 253,500 152,800 851,800 Sanitary Sewer Lift Station Upgrades 04-4700-001 2 160,000 60,000 60,000 60,000 60,000 400,000 Sanitary Sewer Fund 160,000 60,000 60,000 60,000 60,000 400,000 .ewer Linings 04-4700-002 0 300,000 300,000 Sanitary Sewer Fund 300,000 300,000 Laser Level 04-4700-003 0 4,000 4,000 Page 7 of 9 Friday, June J 8. 2004 Department Project# Priority 2004 2005 2006 2007 2008 Total " Sanitary Sewer Fund 4,000 4,000 Culvert Nozzle 04-4700-004 0 3,500 3,5~ Sanitary Sewer Fund 4,000 4, Computer Replacement 06-4700-001 2 1,800 1,800 GO Debt - Anuual (Tax Supported) 1,800 1,800 Sewage Rehabilitation Project 06-4700-002 3 200,000 200,000 400,000 Sanitary Sewer Fund 200,000 200,000 400,000 Vehicle Replacement-Van (Sewer Cam) 06-4700-003 90,000 90,000 Sanitary Sewer Fund 90,000 90,000 Sanitary Sewer Total 467,500 60,000 351,800 60,000 260,000 1,199,300 Signs & Lighting Software 04-4710-001 0 5,000 5,000 Signs and Lighting Fund 5,000 5,000 Signs & Lighting Total 5,000 5,000 Sports Complex - Rec Center General Equipment 04-4202-001 0 3,000 3,000 GO Debt - Anuual (Tax Supported) 3,000 3,000 Board Brush Cleaner 04-4202-002 0 2,500 2,500 GO Debt - Anuual (Tax Supported) 2,500 2,500 Pitching Machine Equipment 04-4202-003 0 1,000 1,000 GO Debt - Anuual (Tax Supported) 1,000 1,000 Computer Replacement 04-4202-004 2 1,800 1,800 1,800 5,400 GO Debt - Anuual (Tax Supported) 1,800 1,800 1,800 5,40. Furnace 04-4203-001 0 5,000 5,00 GO Debt - Anuual (Tax Supported) 5,000 5,000 Retro Fit Lighting 05-4202-001 3 35,000 35,000 GO Debt - Anuual (Tax Supported) 35,000 35,000 Point of Sale System 05-4202-002 2 2,000 2,000 2,000 6,000 GO Debt - Anuual (Tax Supported) 2,000 2,000 2,000 6,000 Copier-Rec Center 05-4202-003 2 15,000 15,000 GO Debt - Anuual (Tax Supported) 15,000 15,000 Computerized Security System 05-4202-004 2 6,000 6,000 GO Debt - Anuual (Tax Supported) 6,000 6,000 Rental Skate & Storage Rack Replacement 05-4202-005 4 10,000 10,000 GO Debt - Anuual (Tax Supported) 10,000 10,000 Server Purchase/Upgrade 06-4202-001 2 8,000 3,000 11,000 GO Debt - Anuual (Tax Supported) 8,000 3,000 11,000 Auto Scrubber 07-4202-001 3 8,000 8,000 GO Debt - Anuual (Tax Supported) 8,000 8,000 Replace Restroom Partitions 08-4202-001 3 10,000 10,000 Ice Resurfacing Machine 08-4202-002 2 80,000 80,000 GO Debt - Anuual (Tax Supported) 80,000 80,000 Seal Coat & Restripe 08-4202-003 3 28,000 28,000 GO Debt . Anuual (Tax Supported) 28,000 28,000 Sports Complex - Rec Center Total 13,300 69,800 10,000 13,000 ' 119,800 225,900 Streets - Building Improvements 04-4100-001 0 5,000 5,000 Page 8 of 9 Friday, June J 8, 2004 Department Project# Priority 2004 2005 2006 2007 2008 Total GO Debt - Anuual (Tax Supported) 5,000 5,000 Railings/Steps-North Wall 044100-002 0 4,000 4,000 . GO Debt - Anuual (Tax Supported) 4,000 4,000 Asphalt Wacker 04-4100-003 0 2,000 2,000 GO Debt - Anuual (Tax Supported) 2,000 2,000 Stump Chipper 04-41 00-004 0 12,800 12,800 GO Debt - Anuual (Tax Supported) 12,800 12,800 Fork Lift & Safety Cage 044100-005 0 22,000 22,000 GO Debt - Anuual (Tax Supported) 22,000 22,000 Computer Replacement 04-4100-006 2 6,100 3,600 1,800 1,800 13,300 GO Debt - Anuual (Tax Supported) 6,100 2,700 1,800 1,800 12,400 Sanitary Sewer Fund 900 900 Street Sweeper 054100-001 150,000 150,000 GO Debt - Anuual (Tax Supported) 150,000 150,000 Dump Truck 054100-002 130,000 130,000 GO Debt - Anuual (Tax Supported) 130,000 130,000 Public Works Improvements 054100-003 2 60,000 15,000 15,000 15,000 105,000 GO Debt - Anuual (Tax Supported) 60,000 15,000 15,000 15,000 105,000 Dump Truck 064100-001 130,000 130,000 GO Debt - Anuual (Tax Supported) 130,000 130,000 Pickup Truck 064100-002 15,000 15,000 GO Debt - Anuual (Tax Supported) 15,000 15,000 1 Ton Truck 07-4100-001 30,000 30,000 GO Debt - Anuual (Tax Supported) 30,000 30,000 Dump Truck 07-4100-002 160,000 160,000 GO Debt - Anuual (Tax Supported) 160,000 160,000 eump Truck 074100-004 50,000 50,000 GO Debt - Anuual (Tax Supported) 50,000 50,000 Skid Loader 074100-005 25,000 25,000 GO Debt - Anuual (Tax Supported) 25,000 25,000 Grader 084100-002 140,000 140,000 GO Debt - Anuual (Tax Supported) 140,000 140,000 Streets Total 51,900 343,600 161,800 280,000 156,800 994,100 GRAND TOTAL 4,998,725 17,654,450 13,600,050 6,533,100 19,953,400 62,739,725 . Page 9 of 9 Friday, JUlie J 8, 2004 '" . . . CITY OF STILLWATER CITY COUNCIL MEETING NO. 04-13 June 15,2004 SPECIAL MEETING 4:30 P.M. Mayor Kimble called the meeting to order at 4:30 p.m. Present: Absent: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Others Present: City Administrator Hansen Police Chief Dauffenbach Public Works Director Eckles Acting Fire Chief Glaser City Clerk Ward Anthony Carr, Human Rights Commission Chair Ken Moses, Human Rights Commission Co-chair Ellie Samuelson, Human Rights Commissioner Michael Eldred, Human Rights Commissioner OTHER BUSINESS Possible aooroval of extendina deadline for Librarv Board aoolications (oriainal deadline Fridav. Mav 28.2004) Mayor Kimble reviewed the request from the Library Board requesting an extension of the application deadline for appointment to the Library Board. Motion by Councilmember Milbrandt, seconded by Councilmember Kriesel to extend the application deadline for the Library Board to June 25, 2004. All in favor. Workshoo with Human Riahts Commission Mayor Kimble thanked the commission attending and explained that the purpose of the workshop is to make sure that the mission of the Council and Human Rights Commission are consistent. He reviewed the mission of the commission as stated in the Ordinance regarding the Human Rights Commission. Mr. Kriesel stated that his concern is that it appears that the commission has become partisan/politicized particularly against certain elected officials. He felt that being a member of this commission requires a high degree of being a watch dog for human rights, even those who do not agree with the commission. He reviewed some of the comments from tapes of the commission meetings and felt that the commission was becoming a political pulpit. He stated that he felt that these comments went beyond the scope and mission of the commission. He stated that it was wrong for a commission to City Council Meeting - 04-13 June 15,2004 " have only one set of values and not consider anyone else's. He also expressed . concern regarding the comments because of students involved in the commission and the impression they may receive of the commission. He also stated that he made the commission aware of his concerns, did not receive any comments back and attended a meeting as well. Mayor Kimble stated that personal opinions should not be construed as speaking on behalf of the City and political statements are not appropriate on the Council level, it does not appear as a duty or responsibility of the Human Rights Commission. He stated that the purpose of the commission is to advise the City Council if there is someone being discriminated against in Stillwater under the laws of Minnesota or this country and then Council determines appropriate action. He agreed with Council member Kriesel that political discussions are inappropriate for the commission meetings. Co-Chair Moses stated that most of those discussions do not get recorded in the minutes but summarized as there was a discussion and he thought that the tapes were used primarily as backup for doing the minutes. Councilmember Milbrandt thanked the members for their service and stated that this Council would not survive without the input from all of the city's boards/commissions. He stated that he read the minutes and was concerned that the dialog in the miQutes deviates immensely from advising this Council in dealing with items that come before . the commission. He stated that he is also concerned that the commission issues press releases and/or sends correspondence to legislators or anyone as if it is representing the City of Stillwater, no other board or commission does this because it is to come before the Council prior to sending information representing the City. He felt that the commission has digressed from an advisory commission and in reviewing the minutes there were only two instances of issues that needed to be dealt with and the rest of the minutes were a digression of personal views. Council member Junker stated that the key words are "aid and advise." He stated that the advertisement for applicants without going through City staff also concerned him. He also stated that any board/commission is to aid and advise Council and staff and proceed from there. He stated that the commission has moved to become more independent which is not what the Councilor the ordinance intended. Mr. Moses stated that the press release was done under the advisement of the State Human Rights Commission, not to do something independently. He felt that the Council should have provided direction or an orientation should have been done for new members. Mayor Kimble explained that in that instance the commission should have recommended to Council to authorize the press release. He stated with the other boards/commission there is a Council liaison and maybe this should be done so there. more continuity between the Commission and Council. Page 2 of 13 # . . . City Council Meeting - 04-13 June 15, 2004 Councilmember Kriesel raised concerns with the negative impression the commission gives the staff, police department, the community, Council, related to projects in the downtown and Curve Crest Boulevard. He noted the lack of communication from the commission. Mayor Kimble provided a history on the Curve Crest sidewalk/trail project, the budget process and how they are trying to provide handicap ramps though out the City. Council agreed that the communication with the commission is lacking on both sides. Ms. Ellie Samuelson agreed with Council that the commission has deviated from the mission because not much has happened relating to discrimination. She stated that many residents do not know that the commission exists, but they do now and maybe the good thing is that there may be more interest or people will know they have a place to go if they feel they are discriminated against. She felt that if a person from the Council attending their meetings it would have kept the commission focused on what their mission is to the community. Mr. Tony Carr, Chair, asked the Council for a recording secretary and that the commission was willing to meet at another time in order to get someone to act as the recording secretary. Council agreed that a recording secretary is needed. He also stated that diversity training should be given to staff. Mayor Kimble explained that through annual conferences that staff and Council attend, diversity training is usually part of the conference agenda. Councilmember Rheinberger asked Ms. Samuelson, because of her longevity in the community, if there is a problem with discrimination. Ms. Samuelson stated that she couldn't answer because she does not have children in school, however she felt that if discrimination happens it would probably be in the schools. She felt that overall the community is pretty good and it is getting better; however felt that some people say things without thinking. Councilmember Milbrandt expressed concern that because of the publicity and the political agendas how things can move forward and so that the commission can become a safe place for people to air their concerns. He is concerned that the commission is being used as a political pulpit. Mr. Carr explained that guests are always welcome and their comments are appreciated. He believes in the commission. Mayor Kimble stated that when the commission was formed the high school was in the City, however now the high school is in Oak Park Heights and the commission has no Page 3 of 13 City Council Meeting - 04-13 June 15, 2004 · authority there. He felt that the ordinance should be changed to reflect just those . schools within the city limits. Council member Junker suggested the City provide a council liaison to the commission effective immediately, with change at the beginning of the year when Council appoints members to various commissions/boards. He also suggested a city staff member as a recording secretary to the commission, openings on the commission posted through the City with a deadline for applications, and that the entire commission should reapply for the positions. Mayor Kimble recommended that the appointments to the commission be delayed until the commission meets to discuss how to determine the appointments such as Ward balance. City Attorney Magnuson stated that legally other commission members couldn't be asked to reapply because they have fixed terms, and there is a process for the removal of commission members. Ms. Moses stated that the commission is more diverse than the general population or the Council and should be preserved. After considerable discussion it was the Council consensus that communication has been lacking between the Council and the Commission, the commission needs to aid . and assist the Council on discrimination issues, and move forward. Motion by Council member Junker, seconded by Council member Milbrandt to provide a council liaison to the commission effective immediately with change at the beginning of the year when Council appoints members to various commissions/boards, a city staff member will serve as a recording secretary to the commission, and openings on the commission will be posted through the City with a deadline for applications. All in favor. Motion by Council member Milbrandt, seconded by Councilmember Kriesel appointing Mayor Kimble as Council representative to the Human Rights Commission. All in favor. Opinion on Lumberiack Davs VIP tickets City Attorney Magnuson reviewed his opinion on the City Council and staff receiving Lumberjack Days VIP tickets now that an actual value has been placed on the tickets. He stated that there is a need for Council members and the Mayor to attend the event as well as some city staff to monitor and participate in the event and suggested that an access pass which the Council could pass, a resolution appropriating its use for, public purpose. Council member Rheinberger spoke in favor of access passes for Council and members of staff because it provides oversight of the event and serves a public purpose. . Page 4 of 13 . . . City Council Meeting - 04-13 June 15, 2004 Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt directing the City Attorney to prepare a resolution and the City Administrator to designate appropriate staff that should be given access passes. All in favor. Mayor Kimble recessed the meeting at 6:20 p.m. REGULAR MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7:00 p.m. Present: Absent: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None City Administrator Hansen Police Chief Dauffenbach Community Development Director Russell Public Works Director Eckles Acting Fire Chief Glaser City Clerk Ward PLEDGE OF ALLEGIANCE - Observance of 4th of July (next meeting is July 6) Others Present: Julie Kink led the Pledge of Allegiance in Observance of 4th of July. APPROVAL OF MINUTES Motion by Councilmember Rheinberger, seconded by Council member Junker to approve the June 1, 2004 regular and recessed meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS David Corbo. Warden - Minnesota Correctional Facilitv - Bavport Mr. David Corbo, Warden of the Minnesota Correctional Facility in Bayport, thanked the Stillwater Police Department and especially Sgt. Dave Roettger for their assistance on June 7, 2004 in the apprehension of a walk away from the prison. He presented a Certificate of Appreciation to Chief Dauffenbach who accepted on behalf of Sgt. Roettger. Sian Reauest for the St. Croix Garden Tour - Familv Means Ms. Mary Jo Jackson, Family Means, reviewed the sign request for the St. Croix Garden Tour. She stated there would be 20 signs that would be removed each day of the tour. Motion by Councilmember Milbrandt, seconded by Councilmember Rheinberger approving the sign request. All in favor. Page 5 of 13 City Council Meeting - 04-13 June 15, 2004 OPEN FORUM . There were no public comments. STAFF REPORTS Community Development Director Russell stated that there would be a Flood Protection Workshop held at City Hall on June 22, 2004 at 6:30 p.m. and that the public is invited to attend. He stated that the information presented would be the same information presented to Council at their workshop. Public Works Director Eckles provided an update on the North Hill project. He stated that staff is designing Phase 3 and will be having a neighborhood meeting sometime towards the end of July with finishing of plans, advertisement for bids and awarding a contract in August. He was hopeful Phase 3 would be well under way by the end of the year. He asked that the residents contact the Engineering Department to set up appointments to determine the best location of sewer and water services or with any questions or concerns. He stated that mailboxes would be moved as part of the project. He informed the Council of an update on the North Hill that has been placed on the City's website. CONSENT AGENDA Motion by Councilmember Rheinberger, seconded by Councilmember Junker to approve the . Consent Agenda. Ayes: Council member Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Resolution 2004-129, directing payment of bills Approval of application for sale of Fireworks - TNT Minnesota - Cub Foods Approval to purchase projection system for Council chambers Approval of release of 2004 capital funds - Library Approval of application for sale of Fireworks - TNT Fireworks - Target Request for installation of banner - Christian Youth Concert - Faith Inkubators Endowment Fund - June 25-July 14, 2004 Resolution 2004-130, approval of change order for the North Hill Phase 2 project PUBLIC HEARINGS Case No. PUD/04-25. This is the date and time for a public hearing to consider a request from Robert Butler, representing Human Services Inc., (HSI), for Concept and Final Planned Unit Development approval for a 4,489 square foot, six unit apartment (Phase I) and concept approval only fora 5,442 square foot addition to the current clinic/office building (Phase II) located at 375 Orleans Street in the PA, Public Administration (continued from June 1,2004 . meeting) Page 6 of 13 City Council Meeting - 04-13 June 15, 2004 . Dr. Butler, HSI, requested that their request be withdrawn because they will be able to complete the project within the current zoning and therefore will not request the PUD for their project. Council member Junker thanked Dr. Butler, Mr. Snyder and the neighbors for working together. Mr. David Snyder, attorney representing HSI, certification will be obtained once the building permit is issued and understand that it is a requirement of the City. Motion by Council member Rheinberger, seconded by Councilmember Junker to accept the withdrawal of Case No. PUD/04-25, concept and Final Planned Unit Development approval for a 4,489 square foot, six-unit apartment (Phase I) and concept approval only for a 5,442 square foot addition to the current clinic/office building (Phase II) located at 375 Orleans Street in the PA, Public Administration. All in favor. Case No. SUP/04-39. This is the day and time for the public hearing to consider an appeal of the Planning Commission's decision on a request from Ed Hawksford, representing Jeff and Julie Anderson, for a modification to the special use permit for a bed and breakfast located at 306 West Olive Street in the RB, Two Family Residential District. . Community Development Director Russell reviewed the request and appeal for the modification to the special use permit for the bed and breakfast. He reviewed the proposed lighting plan, which is different from the plan that was previously approved, and because of the modification both commissions have reviewed it. He stated that the Heritage Preservation Commission on May 3, 2004 and Planning Commission reviewed the request on May 10, 2004. Both bodies approved the request as conditioned. Councilmember Milbrandt asked if the changes were done due to safety issues. Mr. Ed Oxford, Rivertown Inn stated that the insurance company is requiring the lighting changes. . Mayor Kimble opened the public hearing. Mr. Paul Lacy, 318 W. Olive Street, stated he thought that the compromise reached in March was something they all could live with. Now the Andersons are coming back for more which they have constantly done since they have owned the inn. He stated that at the last meeting he sited case law, but it is not law that he has on his side, but equity in his favor. He felt that the Andersons have not been in compliance with the Special Use Permit that was granted in 1999 and a new Special Use Permit was granted in March of 2004. He has noticed that five conditions have already been violated and reported them to the City. He hoped Council would take that into consideration. He reviewed the vent issue that has not been corrected and there is a brand new vent on the west side roof of the cottage house. He stated that the limitation on parties was agreed to by the Andersons and that condition has been violated. He asked Council to not expand what Page 7 of 13 City Council Meeting - 04-13 June 15, 2004 the Andersons currently have until they have shown they can comply with the Special . Use Permit in place and put a moratorium on their requests for a year. He felt that there is a perfectly acceptable walkway and driveway that can be used to the main door. He provided Council with acceptable changes which included that all lights on the fountains and waterfalls are turned off at 9:00 p.m., all path lights between the parking area and the main building are 12 volt, 20 watt maximum, with the fixtures as shown in the application and motion activated, all lights on the handicap ramp are 12 volt 5 watt, approximately 18 inches high, and motion activated, all lights illuminating the parking area are directed downward and motion activated, the light over the entry on the north side of the carriage house is directed downward and motion activated; all other external lighting must be maintained at the lowest wattage feasible and extinguished at 9:00 p.m., and the two lights on the front porch of the B & B, as well as the lamppost light at the front steps may remain on. These items would minimize the impact on them. Mr. Jeff Anderson and Ed Oxford, Rivertown Inn, stated that this scaled back plan was submitted to try and accommodate Mr. and Mrs. Lacy. He stated that the plan is less lighting that what has been at the inn in 20 years and less lighting than what was previously approved. Council member Rheinberger asked if these options were presented to the Andersons or the commissions. Mr. Lacy stated he did not know when the HPC heard specific items. He stated he me. with Mr. Anderson before the meeting, but could not reach an agreement. Mr. Anderson stated that a similar proposal from Mr. Lacy was presented to the Planning Commission and that nothing has been added to the plan that was approved by the Planning Commission. He stated that they are in compliance and have tried to work things out with the Lacys and will continue to do so but it is becoming difficult. Mr. Oxford stated that motion detectors on low voltage lighting are unreliable according to the manufacturer and when they fail they flash. Mr. Lacy stated that if it is less they don't have to ask for the change, however because they are asking means it is more. Mr. Jeff Johnson, HPC and neighbor to Rivertown Inn, stated that HPC reviewed the lighting changed, Mr. Anderson has been straightforward with the commission, and this lighting change was considered a minor lighting change. He stated that as a neighbor of the inn that these owners have been diligent in following the orders of the Special Use Permit and done a very good job keeping HPC and neighbors up-to-date and being very courteous to the neighbors. He request that Council deny the appeal and uphold the Planning and HPC approval. Councilmember Milbrandt asked if this was a minor change why did Mr. Anderson go . before the Planning and HPC. Page 8 of 13 . . . City Council Meeting - 04-13 June 15, 2004 Mr. Johnson stated that was the question before HPC and Mr. Anderson wanted to follow the process to the letter because some of the moving of fixtures was not part of processes. He stated that the original plan included pole lighting, which has been removed on this plan. Mr. Oxford explained the changes from the original plan to lower voltage. He stated that it is strictly based on insurance requirements because if that is not met they can terminate the insurance. Mayor Kimble closed the public hearing. Councilmember Rheinberger stated he favors denying the appeal, framing the decision along the lines of what are the limits to a neighbors absorbs ion of light pollution versus the needs for guest safety; and requirements for handicap safety. He felt that the inn has performed as best as it can, that lighting is needed because guests are usually unfamiliar with the layout of the B&B at night, and the record shows that there has been discussions between the parties, attempts at compromise and ultimate revisions and has been unanimously approved by the respective commissions. Council member Junker stated that over the weekend and Monday evening he went to the Rivertown Inn during the daytime and evening to personally see the lighting. He stated that the lighting is very low and that the Lacy's home is more lit up than the inn and felt that the lighting along the pathway and fountains could hardly be seen. He brought up that the Lacy's flowers are growing over the public sidewalk. He stated that the ground cover has been down to minimize the impact on the Lacy's property. He felt that this appeal should be denied, the inn looks impeccable and wished everyone was able to improve their property as the inn has. He stated he has not received a single call from any neighbor other than the Lacys. Motion by Councilmember Rheinberger, seconded by Council member Junker to deny the appeal and directed the City Attorney to prepare findings of fact and resolution for approval at the July 6, 2004 meeting. All in favor. Councilmember Milbrandt asked Mr. Anderson to work with Public Works Director Eckles on the property on 4th Street relating to the construction accruing on the property because he has received a number of calls on the dumpster making the street impassible. Mr. Anderson stated that he would talk to Mr. Eckles and take care of the problem. UNFINISHED BUSINESS Land Use Recommendation for Citv land south of Orleans and east of Osaood (tabled from June 1. 2004 meetina) Community Development Director Russell stated that on May 17, 2004, the Planning Commission held a special meeting to review the Comprehensive Plan and proposed Page 9 of 13 City Council Meeting - 04-13 June 15, 2004 \ land use for the study area where the Commission reviewed existing land use, zonin. and proposed land use in the study area that includes portions of Oak Park Heights and Stillwater. He noted that information received from the City Attorney, which stated that the need to change zoning for the HSI site to accommodate an apartment building has been preempted by the state per Minnesota Statute 462.357, Subd. 7, which provides a residential facility serving six or fewer persons registered within the state are considered a permitted use in the RA, Single Family District. The HSI parcel is zoned RA, Single Family. Mr. Russell stated that lands located south of Orleans and north of North 62nd Street in the City of Stillwater are designated Elementary School (ES) according to the proposed land use plan of the Comprehensive Plan and City lands south of North 62nd Street between Paris and Oxboro are designated Administrative Office (AlO). He stated that the current zoning for the AlO lands is RA, Single Family and that the Planning Commission felt that the zoning should be brought into conformity with the proposed land use for the county government center area and the City has received a letter from Washington County supporting the request. Mr. Russell stated that the Planning Commission felt the HSI site designation of single family was appropriate and accommodates the elementary school proposed land use map designation. He stated that they felt this designation was consistent with the existing land uses in the area and the land use policy to maintain and conserve the single-family residential character of the area in the Stillwater and Oak Park Heights . Comprehensive Plans. Council member Milbrandt asked why the school was not included. Mr. Russell stated that churches and schools are allowed in the RA area and the Planning Commission did not want to designate that as PA because if a school closes they did not want an office building located in this area. Motion by Council member Rheinberger, seconded by Councilmember Kriesel to refer back to the Planning Commission for the Zoning Amendment process for City land south of Orleans and east of Osgood. All in favor. Possible adootion of resolution for <j~terminin~ th~ nec~~sitv for and authorizina the acauisition of certain orooertv bv oroceedinas in eminent domain for North Hill oroiect City Attorney Magnuson stated that many of the easements have been obtained for the North Hill project; however there are three property owners the city is still negotiating with. He stated this instrument would only be used if negotiations with the property owners fail in order to keep the North Hill project moving forward. He also stated that staff would continue to work with the remaining property owners. . Page 10 of 13 . . . City Council Meeting - 04-13 June 15, 2004 Motion by Councilmember Milbrandt, seconded by Council member Rheinberger to adopt Resolution 2004-131, resolution for determining the necessity for and authorizing the acquisition of certain property by proceedings in eminent domain for North Hill project. Ayes: Council member Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Audubon reauest to dock boat at Stillwater Levee City Administrator Hansen reviewed the current request from the Audubon. He stated that permission was given to dock their boat at the Stillwater Levee, however, now they have requested permission for use of South Lowell Park for folk music, information booths by the National Park Service, Arcola Mills, Willow River State Park and two businesses, the Valley Bookseller and Wild Mountain Recreation. Council member Rheinberger favored approving the request, he stated that traditionally the residents have not used Lowell Park and having these events bring residents to the park and energize and have some culture downtown. He stated that if the events don't work out Council could deny them next year. Council member Milbrandt stated that there is more stuff going on downtown, residents can't use the park downtown and the Council has tried to limit events in Lowell Park and this one would take place right after Lumberjack Days. Councilmember Kriesel agreed with Council member Milbrandt and stated that why spend money to keep the park looking good if we constantly have events. Mayor Kimble stated when there is an event downtown he sees a lot of residents downtown and spoke in favor of the request. Council member Junker stated that he doesn't have a concern with the boat, however he is not in favor of the commercial aspect of this event. Motion by Council member Milbrandt, seconded by Councilmember Kriesel to deny the request. Ayes: Councilmembers Kriesel, Milbrandt and Junker Nays: Council member Rheinberger and Mayor Kimble NEW BUSINESS Pe€siclo approval of rocr~3tion cent~ rc:te-iRGf€3~OS (Rosolutisn) ~'~iI2blo Tuesday) (Will be addressed at a future meeting) Page 11 of 13 City Council Meeting - 04-13 June 15, 2004 Possible adoption of resolution for Taxable Tax Increment Revenue Note (Territorial Springs,. LLC project) . City Administrator Hansen reviewed the resolution for the revenue note for Territorial Springs. He stated that the resolution in the packet would have a couple minor changes relating to the amount of the note and terms. Motion by Council member Kriesel, seconded by Council member Rheinberger to adopt Resolution 2004-132, resolution awarding the sale of, and providing the form, terms, covenants and directions for the issuance of a taxable tax increment revenue note (Territorial Springs, LLC project), Series 2004, in an original aggregate principal amount not to exceed $2,905,000 and Resolution 2004-133, approval of Addendum No.1 to contract for private redevelopment with Territorial Springs, LLC. Ayes: Council member Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible aooroval of movina oermit for Stillwater Mills on Main Community Development Director Russell reviewed the moving permit for Stillwater Mills on Main. Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to approve t. moving permit. All in favor. STAFF REPORTS (continued) Community Development Director Russell stated that a letter from the Water Board would be received soon regarding the waiving of water availability charges for the North Hill. Council member Kriesel asked about the CDBG process. Mr. Russell stated that the process is underway. ADJOURNMENT Motion by Councilmember Kriesel, seconded by Councilmember Rheinberger to adjourn at 8: 12 p.m. All in favor. ATTEST: Jay L. Kimble, Mayor Diane F. Ward, City Clerk . Page 12 of 13 . . . City Council Meeting - 04-13 June 15, 2004 Resolution 2004-129, directing payment of bills Resolution 2004-130, approval of change order for the North Hill Phase 2 project Resolution 2004-131, resolution for determining the necessity for and authorizing the acquisition of certain property by proceedings in eminent domain for North Hill project Resolution 2004-132, resolution awarding the sale of, and providing the form, terms, covenants and directions for the issuance of a taxable tax increment revenue note (Territorial Springs, LLC project), Series 2004, in an original aggregate principal amount not to exceed $2,905,000 Resolution 2004-133, a approval of Addendum No.1 to contract for private redevelopment with Territorial Springs, LLC. Page 13 of 13 . . . LEINIE CANOE RACE PROPOSAL PLACE, DATE: TIME: STILLWATER, MN AUGUST 7TH, 2004 12:00 - 6:00 PM East Side Beverage Company, along with the Jacob Leinenkugel Brewery and Miller Brewing Company would like to host a day in Stillwater to race land canoes. In order for us to be able to do something of this magnitude in Stillwater, there are a few things we feel the City needs to consider to make the event possible. . We would like the use of ~ the parking lot on the east side of the Freight House. . Weare prepared to Qtfer the City what we think is a fair price for the use of the lot. Weare also willing to negotiate. . Although beer branded land canoes will utilized, there will be no alcohol allowed on the parking lot, it will be secured, and we will also work with the police. . All of the drinking will be regulated to the Freight House deck. . We will have employees of East Side and Leinenkugel's on hand to run the canoe races. .. . LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2004-134 . Abbott Paint Abrahamson Nurseries Ace Rental Action Rental Advanced Sportswear Applied Microcomputer Systems Arcon Construction Co. Inc. Art Reach Alliance Aspen Mills AT & T Wireless AWl Diversified Bachman's Nursery Barr Engineering Company Carquest Catco Chris Amdahl Locksmith, Inc. City Engineers Association of MN Clark, Luann Comcasat County Materials Corporation Cub Curve Crest Villa Emergency Apparatus Express Photo EZ Sharp Fed Ex Fire Guard Forestry Suppliers, Inc. Fuhr Trenching Galles Corp. GCR Tire Center Gopher State One Call Greeder Electric GS Direct Hardwood Creek Lumber Harrison, Sharon Heritage Printing Hillyard Ice Skating Institute IIkka, Richard Attorney at Law Ikon Office Solutions Insight Integra International Code Council . Paint 2003 Streets, Willard Repair Supplies Concrete Trailer Rentals, Sod Cutter Uniforms, Adult Hockey Hydrocad Update North Hill Phase 2 Art Crawl Donation Uniforms Police, Parking & Fire Cell Phones Window Air Conditioner, Mezzanine Rail Trees for Bergmann Park & Creekside Park SW S1. Sewer Revision Terra Springs Equipment Repair Supplies Equipment Repair Supplies Service Call Membership Cleaning City Hall, Public Works Cable Adj. Ring Concession Supplies, Fire Grading Escrow Refunds Repair Air Conditioner 6108 Processing Skate Sharpener Supplies Freight Repair Air Compressor Paint & Supplies Repair Force Main Pine Street Weed Killer, Cleanser Tires Billable Tickets Repair Street Lights, Wiring, Gate XR Bond Hubs & Lath Mileage Hockey Flyers Chemicals ISI School Professional Service Maintenance Agreement Cable Telephone Annual Conference 69.86 1,800.00 700.94 584.70 533.25 205.00 187,148.05 2,000.00 1,191.84 415.39 2,305.00 3,058.41 1,084.88 242.83 269.92 71.20 60.00 587.49 78.27 340.80 35.93 4,750.00 1,656.75 56.53 288.24 13.06 430.00 120.60 1,794.89 1,223.39 61.75 591.10 2,260.00 52.75 223.65 47.25 180.20 296.56 895.00 80.00 469.88 166.87 1,111.83 350.00 EXHIBIT" A" TO RESOLUTION #2004-134 Interstate Battery System Jansens Cleaning Service Johnson Control Lakeview Hospital LMC Insurance Trust, Berkley Leisman, Mary Lockrem, Richard Magnuson Law Firm Matrix Communications, Inc. McDonald Home Building Menards Metro Fire Mid America Business Systems Midwest Children's Resource Center Midwest Teletron, Inc. Minnesota Commerce Dept. MN Department of Administration MN Dept of Transportation MPH Industries, Inc. Napa Auto Parts Nextel Northern Tool & Equipment Office Depot Olsen Companies Paul, Chris PC Solutions Positive Promotions Quill R & R Specialties Reeds Sales & Service Rivard Stone Incorporated River Valley Printing Rose Floral & Greenhouse, Inc. Russel, Steve St. Croix Boat & Packet St. Croix Recreation Co., Inc. Short Elliott Hendrickson, Inc. Shred-it Simplex Smith Filter Corporation SRF Consulting Group, Inc. State of MN Board of Electricity Stillwater Gazette Stillwater Lions Stork Page 2 Batteries Maintenance Agreement HVAC Chiller Repair Blood Draws Whistleblower Park Fee Refund, Overcharged Lofts of Stillwater Plan Review, Terra Springs Professional Service Equipment Repair Grading Escrow Refunds Repair Supplies Equipment Repair Scanner Video Headset, Beltclip, Clothing Clip Notary Public May 2004 Internet Usage Sign Supplies Equipment Repair Vehicle Repair Parts Cell Phones Equipment Repair Supplies Office Supplies Clamp Auto Parts Repair HP Laserjet 5, Maintenance Contract Misc. Merchandise Office Supplies Blade Grinds,Paint North Rink,Hydraulic Pump Hedge Trimmer Creekside Park Stones Adult Case File Jackets Bedding Plants, Friends Police Geving Parks Board Picnic Ice May 2004 Arena Billing Tot Seat Professional Service North Hill Document Shredding Fire Alarm Batteries HV AC Filters Rec Center Floodwall Design Study Inspection Certificate Books Publication Dues NH Sanitary & Water Phase II, 2003 Street . 198.99 400.00 752.00 40.00 500.00 15.00 2,142.00 11,136.08 232.50 6,000.00 686.12 181.15 8,809.89 20.00 102.56 40.00 140:83 119.16 157.39 45.01 229.07 . 631.70 877 .44 192.30 89.00 247.27 983.39 160.59 6,875.21 372.35 171.33 346.13 340.87 4.29 36,579.88 187.64 1,688.73 194.40 316.35 597.38 7,788.52 50.00 361.47 . 100.00 1,680.00 . . . EXHIBIT n An TO RESOLUTION #2004-134 Stripe - A - Lot Tacheny Roof Truck Utilities, Inc. United Rentals Vetsch, Sandra Viking Industrial Center Walmart Wells Fargo Wet Technology Inc. Winnick Supply Yocum Oil Zephyr Graf X Adopted by the City Council this 6th Day of July, 2004 Page 3 Painting Crosswalks,Parking Lot,Arrows Overpayment Permit Ladder Rack Equipment Repair Supplies Investigator Clothing Allowance Repair Gas Monitor Supplies Paying Agent Fees Cooling Water Treatment Sewer Repair Supplies Fuel Hats 12,460.00 14.47 237.50 49.27 404.82 284.75 61.70 837.50 566.77 642.18 7,331.24 558.14 . . . " STAFF REQUEST ITEM Department: Public Works Date: July 2, 2004 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request purchase and install a 15,000 lb. two post truck car lift from NAPA for $7,079.29. Our old lift will not pass OSHA inspection and it is not rated. 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) Budgeted under 2003 capital outlay building, which was carried over to 2004. ADDITIONAL INFORMATION: Two quotes were received (see attached): NAPA $ 7,079.29 Minnesota Auquipco, Inc. $10,329.40 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: ~ _ -:7 a ___..._ ... ~.. "..---., ------~- -- I Date: 07-02-04 JUN-23-04 WED 07:50 FORTMAN MINNESOTA AUQUIPCO, Inc. 3947 Jersey Ave No. Crystal) IvIN" 55427-1450 (763) 533-9308 FAX (763) 537 4995 PROPOSAL TO STILLWATER PARK DEPT 1372 S. GREELEY ST i STDJLWATERMN 55082 I 651439 1337 P.O. NO. I J ' I I ii, I SHIP DATE TERMS Net 15 2tl1 /2004 ITEM : SP01S , Installation 612 430 2453 SHIP TO NEWBUILDlNG BOIWEll A VB II SHIP VIA I USF Holland II I' I I I; I. Ii PROPOSAL . I .--1 I DATE 215rz004 SALESMAN P.02^ . SF19S0 I I AMOUNT \ 8,700.00T ! I I,WO.OO ; \ STEVE FORTMAN 612 282 2407 : QTY I 1: i I! Total RATE 8,160.00 1,000.00 ! 6.50%1 \ 1 I I I I I i I I I , I I I ! i I ! I ! i i_ 569.40 ~ I I __I $lO,329.40 i THE END USER IS TO st,JPPL Y EI.ECTRTCAI.1100KUl"S AM) Al'JI }I'OR LOrrs. ~A.I.lI, I.cSOTA AUQUIPCO IS NOT RESl'Ol\"SreLE fOR I CONCRETE EMnEDDED OR UNDERGROUND OBSTRUCTIONS. IN CASES OF POOR CONCRETE (.'O:N1JlTION AND OR. nnCK1'iF.5S I CUSTOMER l\lUST RESOVLE PROBLEM. 1'l CASEs 01<' UNLEVEI, n..oOR CUSTOMER MUST PAY FOR SHlMS M'l) ANCHORS. I I l_._..___._ I -I I co... DESCRIPTION i BLUE I Surface Mounted, Frame Contact, Cleat Floor, ! I ElcctriclHydraulic 15,000 lb. Capncity Heavy Duty Lift I Install Lift in accordance with FactolY Methods & Proceedlll"CS by Rotary r authorized installer i Sales Ta,'( I ! . I I ! " AUTO --=:~"'~':~;;~~9:'1::.-..J.:_~LL'. .~,.... "_~.'_ ~.-41' _ NAPA Price Quote for City of Stillwater AMMCO Two Post Lift Part Number #4S215ARl 15,0001b Lift $6,272.22 . Installation $375.00 Sub-Total $6,647.22 Tax $432.07 Total $7,079.29 A 2% discount may be taken if account balance is paid by the tenth of August. Please call if you have any questions. My cell phone number is 651-343-4642. This bid is accurate as of 7-1-2004. Thanks, Eric. . NAPA MINNEAPOLIS Local Division P.O. Box 26250 7400 West 27th Street St. Louis Park, MN 55426 (952) 929-1635 Fax (952) 924-1219 . . . :\'lema DATE: June 22, 2004 TO: Mayor and City Council ') -TJ Sharon Harrison QM~ Asst. Finance Directo~ FROM: RE: Purchasing Policy .. BACKGROUND On April 4, 2000, the City Council approved the City's Purchasing Policy. Since that time, the contract and bidding limits have been increased by the Legislature. Attached is the City Stillwater's revised purchasing policy. This revised policy reflects the change in bidding and contract limits. RECOMMENDATION Staff recommends approving the revised purchasing policy. ACTION REOUIRED If Council accepts the staff recommendation they should adopt a resolution outlining the above action. July 6, 2004 . CITY OF STILLWATER PURCHASING POLICY 1.0. POLICY: 1 .1 The City of Stillwater budget, as adopted for each year, allocates funds for the purchase of supplies, goods and services, contractual and consulting services, other services and capital outlay items. Requests cannot be made for items outside the budget except under special circumstances. These special circumstances will have to be approved by the City Council upon recommendation of the City Administrator. The Purchasing Agent is the City Administrator. 1 .2 The City of Stillwater follows the contract and bidding limit guidelines governed by Minnesota State Statutes. As the contract and bidding limits are amended by the Minnesota Legislature, this purchasing policy will automatically be amended and then formally adopted by the City Council soon thereafter. . 1.3 Budgeted purchases less than $1,000 may be purchased by Department Heads. Budgeted purchases between $1,000 - $5,000 must be approved by the City Administrator (and may be done without Council approval). Budgeted purchases exceeding $5,000 must be approved by the City Council. All budgeted Capital Outlay purchases must be approved by the City Council and related purchase orders shall be signed by the City Administrator. 1.4 Recurring charges such as contractual services (e.g., cleaning services, uniform services, snow plowing services, etc.), telephone, and utility services do not require purchase orders but the invoices for these services must be approved for payment by the appropriate Department Head. 2.0 DEPARTMENTS AFFECTED.: All Departments . 1 . 3.0 PURCHASING PROCEDURE: 3.1 Purchase Reauirements: Amount Sealed Purchase of Type of Approval Written bid bids Contract Order Purchase: quote required by: specifications: required: required: required: required: Purchases None Department Not required No No No; may use under Head or an invoice $200 designee payment Authorization form Purchases At least two Department Not required No No Yes; signed between telephone Head or by $200 - quotes designee Department $1,000 preferred Head or designee Purchases At least two City May be No No Yes; signed between written quotes Administrator required based by City $1,000 - required or Deputy on type of Administrator $5,000 unless special Treasurer purchase or Deputy . circumstances Treasurer are noted Purchases At least three City Council As required No No Yes; signed over $5,00 written quotes based on type by City up to required of purchase Administrator $10,000 unless special or Deputy circumstances Treasurer are noted Purchases At least three City Council As required No Construction Yes, except over written quoted based on type projects, for certain $10,000 required of purchase yes; construction up to unless special commodities projects; $50,000 circumstances at discretion signed by are noted of City City Administrator Administrator or Deputy Treasurer Purchases City Clerk City Council Required Yes Yes Yes, except grater must for certain than advertise in construction $50,000 City's legal projects (i.e. newspaper Local Imp); signed by City . Administrator or Deputy Treasurer 2 3.2 Biddino Reouirements: . 3.2.1 When supplies or equipment are competitive in nature, specifications cannot exclude all but one type of equipment or supplies. Proposals and specifications must allow free and full competition. Bidding requirements cannot be avoided by splitting a contract into several contracts, each of which is below the minimum amount requiring sealed bids. For example, the City cannot purchase $60,000 of lumber in several transactions, each involving an expenditure of less than $50,000. However, if materials or work logically fall into two separate contracts because they involve separate transactions, as for the service of contractors specializing in different kinds of work, the City can negotiate the contracts individually without sealed bids if the bids do not exceed the $50,000 minimum. 3.2.2 The City of Stillwater is subject to Minnesota state sales tax. There are a few exceptions to state sales tax such as the purchase of fire trucks or marked police cars, and fire truck repair parts. Bidders should specify whether their bid includes sales tax or not. If an invoice for an approved purchase does not include applicable sales tax a corrected invoice including the appropriate sales tax must be . obtained from the vendor. 3.2.3 Sealed bids are required for purchases exceeding $50,000. The bids must be advertised by the City Clerk in the City's legal newspaper (Notice to Bidders) and publicly opened and approved by Council resolution. In addition to the legal notice, the City must prepare instructions to bidders and general specifications for sealed bids. Attaching a copy of the proposed contract to the instructions to bidders is required. 3.2.4 Bid security in the amount of five percent (5%) of the bid (for sealed bids for purchases over $50,000) shall be submitted to the City Clerk. The bid security guarantees that in the event the bidder's offer is accepted, the bidder will enter into a contract in accordance with the proposal. Bid security of the successful bidder will be returned upon execution of the contract documents. Bid securities of unsuccessful bidders will be returned within a reasonable time period (Minnesota Statute 9574.27). Failure of the successful bidder to execute the Contract and furnish applicable bonds within ten (10) days after receiving written notice of the award shall cause the bid security to be forfeited as liquidated damages to the City. In the event the successful bidder fails to execute the contract, the City Council may . award the contract to the next lower competent bidder unless the 3 . Council determines that public interest will be better served by accepting a higher bid, or the contract may be re-advertised. 3.2.5 Municipal contracting law requires that bids must be awarded to the lowest responsible bidder. It should be noted that the bidder who submits the lowest bid in dollars is not necessarily the "lowest responsible bidder" and the quoted phrase gives the Council reasonable discretion in choosing among bidders. Responsibility, in bid statutes, means not only financial responsibility but also integrity, skill, and the likelihood that the bidder will perform faithful and satisfactory work. 3.3 Use of Purchase Order Form: 3.3.1 The Purchase Order form is the document which authorizes the vendor to provide a service or commodity to the City. . 3.3.2 The Purchase Order form is to be completed with the name and address of the vendor, the quantity, the description, the cost, sales tax, and the accoun~ to be charged. The Department Head submitting the Purchase Order form must ensure that the correct account is listed on the form. Charging a purchase to the wrong account because funds do not exist in another account is not allowed. 3.3.3 The Purchase Order should be submitted to the City Administrator for approval for purchases in excess of $5,000. A purchase Order signed by the Department Head or his/her designee is required for purchases between $200 and $5,000. An "Invoice Payment Authorization" (IPA) form is required for initiating a purchase for items under $200. The IPA form should be approved by the Department Head and submitted to the Finance Department to verify the authorization to pay an invoice. (purchase orders may be used at the discretion of the Department Head if desired for simplification or clarification on items less than $200). 3.3.4 The Purchase Order form should be distributed as follows: White: Brown: Blue: Green: vendor copy. department copy. submit to Finance with invoice and copies of quotes as appropriate. save or discard at Department Head discretion . 4 3.3.5 The Invoice Payment Authorization form should be distributed as . follows: Original: Copy: submit to Finance. retained by Department Head 4.1 Approval of Goods/Services and Authorization of Pavment 4.1.1 Upon receipt of the invoice, Department Heads shall write "Ok to pay" on the invoice, initial same, and submit the invoice to Finance. Note IC-134 forms are required before the City can make final payment for construction contracts with a value exceeding $10,000. 4.1.2 Finance shall review the invoice for correctness and compliance with the City purchasing policy and include the payment on the list of bills for Council approval in a timely manner and then files the invoice, purchase order and payment (check) accordingly. 4.2 Deputv Treasurer and Department Desianees 4.2.1 The City Council shall appoint a Deputy Treasurer. The Deputy Treasurer shall be authorized to approve and sign purchases in the . absence of the City Administrator and shall follow the policy and procedures set forth herein. 4.2.2 Department Heads shall designate, in writing, employees within their respective departments that are authorized to issue and sign purchase orders, IPA's and invoices for the Department. The Department Heads shall be responsible for ensuring that the designated person knows and understands the City's purchasing policy and that the designee acts in accordance with the policy. 4.3 Recreation Facilities Manager 4.3.1 The Recreation Facilities Manager shall be authorized to make purchases provided that the Manager follows the same procedures as stated above. . 5 . . . RESOLUTION 2004-135 APPROVAL OF AMENDED PURCHASE POLICY BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Amended Purchase Policy as on file with the City Clerk, is hereby approved. Adopted by Council this 6th day of July 2004. Jay L. Kimble, Mayor ATTEST: Larry D. Hansen, Acting City Clerk . . . MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 86573M BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION ~D THE CITY OF OAK PARK HEIGHTS ~D THE CITY OF STILLWATER TO Install Emergency Vehicle Pre-emption Systems at the existing Traffic Control Signals on Trunk Highway No. 36 at Oakgreen Ave./Greely St., and on Trunk Highway No. 36 at Osgood Ave. N. in Oak Park Heights and Stillwater, Washington County, Minnesota. S.P. 8214-140 Prepared by Metropolitan District Traffic Engineering ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED None None Otherwise Covered PARTIES THIS AGREEMENT is entered into by the Minnesota Department of Transportation, (State), the City of Oak Park Heights, (Oak Park Heights) and the City of Stillwater, (Stillwater) . RECITALS Minnesota Statutes Section 161.20 authorizes the Commissioner of Transportation to enter into agreements with any governmental authority for the purposes of constructing, maintaining and improving the Trunk Highway system. Oak Park Heights and Stillwater request and the State agrees to the installation of Emergency Vehicle Pre-emption Systems, (EVP Systems), as a part of the existing Traffic Control Signal installations at the location(s) set out in this Agreement. It is in the public's best interest for the State to modify the existing cabinets (State Force Work and Materials) for the existing Traffic Control Signals. 86573M -1- . . . . Oak Park Heights, Stillwater and the State will participate in the operation, maintenance and removal of the EVP Systems. CONTRACT 1. Oak Park Heights will prepare the proposal. The State will prepare the necessary plan and specifications. (Preliminary Engineering). The Construction work will be under the direction and supervision of Oak Park Heights, and Oak Park Heights will perform all necessary construction inspection. The . State will have the right to periodically inspect the Construction work. 2. The Cost of Construction, (Construction Cost) consists of the contract cost of the work or, if the work is not contracted, the actual cost of all labor, materials, and equipment rental required to complete the work. 3. Oak Park Heights, with its own resources or by contract, will install the EVP Systems on Trunk Highway No. 36 at Oakgreen Ave./Greely St., and on Trunk Highway No. 36 at Osgood Ave. N. pursuant to State Project No. 8214-140. Oak Park Heights share is 100 percent of the Construction Costs. . 86573M -2- . 4. The State will perform/provide the State Force Work and Materials for the Oak Park Heights work provided in Paragraph 3. The State's share is 100 percent of the costs for the State Force Work and Materials. 5. The EVP Systems will be installed, operated, maintained, or removed in accordance with the following conditions and requirements: a) All maintenance of the EVP Systems must be done by State forces. b) Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes Section 169.01, . Subdivision 5. Authorized emergency vehicles may use emitter units only when responding to an emergency. Oak Park Heights and Stillwater will provide the State's Metropolitan District Engineer or his designated representative a list of all vehicles with emitter units. c) Malfunction of the EVP Systems must be reported to the State immediately. d) In the event the EVP Systems or its components are, in the opinion of the State, 86573M -3- . . . . being misused or the conditions set forth in Paragraph b above are violated, and such misuse or violation continues after Oak Park Heights and/or Stillwater receives written notice from the State, the State may remove the EVP Systems. Upon removal of the EVP Systems pursuant to this Paragraph, all of its parts and components become the property of Oak Park Heights. e) All timing of the EVP Systems will be determined by the State. 6. All maintenance and operation terms (including timing), and the power provisions of the existing traffic control signals will remain as provided for in the existing agreement. 7. Each party will be solely responsible for its own acts and omissions and the results thereof, to the extent authorized by law. The State's liability is governed by the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736. Oak Park Heights and Stillwater liability is governed by MSS Chapter 466. Each party will be solely responsible for its own employees for any Workers Compensation claims. 8. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved 86573M -4- by the same parties who executed and approved the original Agreement, or their successors in pffice. 9. If any party fails to enforce any provisions of this Agreement, that failure does not waive the provision or its right to enforce it. 10. This Agreement contains all negotiations and agreements between the parties. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 11. Minnesota law governs this contract. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 12. This Agreement is effective on the date the State obtains all required signatures under Minnesota Statutes 16C.05, Subdivision 2, and will remain in effect until terminated by written agreement of the parties. 86573M -5- . . . . . . Date: By: Date: CITY OF OAK PARK HEIGHTS By: Mayor City Administrator 86573M -6- APPROVED AS TO FORM: City Attorney Date: Approved: By: Mayor Date: By: City Clerk Date: . CITY OF STILLWATER . . 86573M -7- . . . DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: Metropolitan District Engineer COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By: Date: DEPARTMENT OF TRANSPORTATION By: State Design Engineer Date: As to form and execution: By: Contract Management Date: 86573M -8- . RESOLUTION BE IT RESOLVED that the City of Oak Park Heights enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: To install emergency vehicle pre-emption systems at the existing traffic control signals on Trunk Highway No. 36 at Oakgreen Ave./Greely St., and on Trunk Highway No. 36 at Osgood Ave. N. in accordance with the terms and conditions set forth and contained in Agreement No. 86573M, a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. . CERTIFICATION State of Minnesota City of Oak Park Heights City of Stillwater I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Oak Park Heights at a duly authorized meeting thereof held on the day of , 2004, as shown by the minutes of said meeting in my possession. City Administrator . . . . (Seal) RESOLUTION BE IT RESOLVED that the City of Stillwater enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: To install emergency vehicle pre-emption systems at the existing traffic control signals on Trunk Highway No. 36 at Oakgreen Ave.jGreely St., and on Trunk Highway No. 36 at Osgood Ave. N. in accordance with the terms and conditions set forth and contained in Agreement No. 86573M, a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. CERTIFICATION State of Minnesota City of Oak Park Heights City of Stillwater I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Stillwater at a duly authorized meeting thereof held on the day of .' 2004, as shown by the minutes of said meeting in my possession. City Clerk (Seal) RESOLUTION 2004-136 . APPROVAL TO ENTER INTO AGREEMENT WITH STATE OF MINNESOTA RELATING TO TRAFFIC CONTROL SIGNALS ACCORDING TO MN/DOT AGREEMENT 86573M BE IT RESOLVED by the City Council of Stillwater, Minnesota, enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes: To install emergency vehicle pre-emption systems at the existing traffic control signals on Trunk Highway No. 36 at Oakgreen Ave./Greeley St., and on Trunk Highway No. 36 at Osgood Avenue N in accordance with the terms and conditions set forth and contained in Agreement No. 86573M, a copy of which was before the City Council. BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to execute such Agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. Adopted by Council this 6th day of July 2004. . Jay L. Kimble, Mayor ATTEST: Larry D. Hansen, Acting City Clerk . . cS+ ~ ~Water -f ,), ~,..~..,,~ T H ~ ;"~. T"~'J~U CEO F M INN E SOT A ~ APPLICATION FOR PERMIT TO SELL Permit No 2004 - 525 Location Lily Lake Ballfields Organization Organization Type (Individual, For-Profit, or Non-Profit For Profit Bus/Organization First Name Dave Last Name Hackler Address 11223 32nd Street N City Lake Elmo Date of Birth: State MN Zip 55042 Mailing Address (if different than above) Home Phone 248-5378 Work Phone Event (softball game, wedding, etc. Ball Tournament _ype of Activity (fund raiser, dancing, music etc.) -Beginning Day: Friday, July 23, 2004 Ending Day Selling of Beer 3-2 Sunday, July 25, 2004 ~ Beginning Time 6:00 PM Ending Time 4:00 PM Selling of Beer (over 3-2)* D Selling of Liquor* Selling of Wine* *Requires a temporary license through MN Liquor Control A2~ aJMri D D Diane Ward, City Clerk OFFICE USE ONLY Permit to Sell Issued D Approved by Cinr Council on ~. 7-1;, -o~ . CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 651-430-8800 . . . RESOLUTION NO. 2004-137 APPROVING SALARY FOR SHELLYSCHAUBACH WHEREAS, Shelly Schaubach has been employed as a Part-time Secretary for the Administration Department since March 5, 2001 and during this time, has not received any pay increases, and; WHEREAS, Shelly Schaubach has recently received a performance evaluation and reached 2,080 hours worked, which is the one-year equivalent of hours worked for an employee working full-time. THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that Shelly Schaubach receive a salary of$13.93 per hour effective May 1,2004. Adopted by the City Council this 6th day of July 2004. Jay L. Kimble, Mayor ATTEST: Larry D. Hansen, Acting City Clerk . . . :\'lema DATE: July 1,2004 TO: Mayor and City Council Chantell Knauss ~ Director of Administration FROM: RE: Drug and Alcohol Testing Policy I For the past several years, staff has been negotiating with the City's six bargaining units on the Drug and Alcohol Testing Policy for pre-employment and reasonable suspicion pUrPoses. Minnesota Statute 181.955 requires that the City negotiate a reasonable suspicion Drug and Alcohol Testing Policy with their bargaining units. This Policy will only apply to pre-employment and reasonable suspicion testing. Random testing is not included. However, the City is still required to randomly test employees with a Commercial Driver's License (CDL) under the Federal Omnibus Transportation Act. Recommendation Staff recommends the City Council approve the attached Resolution adopting the Drug and Alcohol Testing Policy. RESOLUTION 2004-138 APPROVING DRUG AND ALCOHOL TESTING POLICY BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the attached Drug and Alcohol Testing Policy is hereby approved. Adopted by the City Council this 6th day of July 2004. Jay L. Kimble, Mayor ATTEST: Larry D. Hansen, Acting City Clerk . . . . CITY OF STILLWATER DRUG AND ALCOHOL TESTING POLICY . Adopted by City Council: July 6, 2004 . CITY OF STILLWATER DRUG AND ALCOHOL TESTING POLICY Table of Contents . POLICY STATEMENT ... ....................... ........... ...... ................. .............. ........ ...... ...... .... 4 Off - Duty L i mi ts ................. ........ ..................................... ................................................... .........................................4 Vi 0 I a tio ns ............................ ..................................................................... ....................... ............ ............................. ...4 Con vi ctio ns ... ....................................................................................................................... ................... ....................5 Savin gs CI a use................................................................ ................................... ............. .......................... ...... ............5 DRUG AND ALCOHOL TESTING.. .... ........... ...... ........... ....... ......... .............................. 5 Purpose ....................................................................... .... .................................................................. ............... ...........5 S cope.............................. ..... ......................... .................................................................................. .............................5 DE FI N ITIO NS .................. .............................................................................................. 5 Accident......................................................................................................................................................................5 . Alcohol........................................................................................................................................................................6 City..............................................................................................................................................................................6 Co nfirma tory Test ............... ... .................... ................................ .......................... ............. ................. .......... ..... ........ 6 Confirm a tory Retest... ...... ............... ............ ............... ................ ................... ............. ....... ...... ....................... ........... 6 Conviction...................................................................................................................................................................6 Drug............................................................................................................................................................................6 Drug and Alcohol Testing, Drug or Alcohol Testing, Drug or Alcohol Test ........................................................6 Drug Par a p hernalia .. .............. ........ ......... ............. ....... ...... ...... ...... .................... ........... ............... ....... ..... ......... ..... .... 6 Employee....................................................................................................................................................................6 Employer....................................................................................................................................................................6 Initial Screenin g T es t ............................. ........... ........... ....... ..................... .......................... .......... ................. ............. 7 Job A P P lican t . ......... .................. ...... ....... .................. ........... ............ ............... ...................... .................................. .... 7 . Premises...... .............................. .............. ............. ....... ........ .......... ................ ............. ....... ............ .................. ............ 7 Drug and Alcohol Abuse Policy Page 1 of 14 . . . Positive T es t Res uJ t ....... ........... ....................... .......... ............. ....... ......................... ................ ......... .................. .........7 R e aso nab J e S u s pic io n ............................................................. ........................... ........................................................7 CIRCUMSTANCES UNDER WHICH TESTING MAY OCCUR .....................................7 Job A p p Ii can t ................................................................. ...................................................... ........... ........................... 7 Re aso nab J e S us p ic ion T es ting ................ ................. ............................................................................. .....................7 Ro u tin e Ex a ms ... ..................... .................................................................... ......... ......................................................8 T r ea tme n t Pr ogr a m T es tin g ....................................................... .... ....................................................................... ...8 PROCED!JRES FOR REASONABLE SUSPICION TESTING...................................... 8 Observ a ti on and R e porting.................................. ..................... ........................ .............. ..........................................8 T es ting.......................................... .......................................... .............. ................ ............... ........................................8 Des ign a tio n of Lea ve... ................................... ........... ................. ................................................................................8 RIGHTS OF EMPLOYEES AND JOB APPLICANTS PRIOR TO TESTING ................9 Righ t of Refusal; Co nseq u ences .. ......................................... ............ ....... .............. ........................ ...... ...... ...............9 Job Applicant...... ............................ ..... ................. ................. ..... .......... ............. ....... ... ...........................................9 Employees. .. ........ ............. ............. ...... ....... ............... ........ .............. ...... ....... ..... .................. ,'.......... .............. ...........9 Appeal Procedure.... .................... .............. ......... ....... ................ .... .................. ..................................................... ...9 Op po rtuni ty to Ex plain .... ................................ ............. ...... ...... ...... ....... .... ........................... ..... ..... ......... .............. ...9 Co nfirma tory Ret es t . ................................................... ......................... ..... ............... ...... ...........................................9 TAMPERING WITH DRUG AND ALCOHOL TEST SAMPLES ....................................9 FIRST FAILURE TO PASS DRUG AND ALCOHOL TESTING .................................... 9 PERSONNEL ACTION AND DISCIPLINE BASED ON TEST RESULTS ..................10 Positive Initial T es t Result ........... .................... ..................... ........ ........................... .................... ............................10 Applicant...................................................................................................................... ......................................... 10 Employee .. .......... ..... ............ ......... ...... ... ............ .... ... ........ .... .......... .... ..... ...... .... ..... ........... ............... ... .... ...... ....... 10 P osi tive Co nfirma tory Test Res nit ........................ ..... ......... ...... .............. .......... ................................ .................. ...11 Applicant............................................................................................. .................................................................. II Employee ... ......... ................ ..... ...................... .... ........ ............ .... ..................... ......... ........... ....... ...... ....... .... .......... II RIGHTS OF AN EMPLOYEE OR JOB APPLICANT AFTER POSITIVE CONFIRMATORY TEST RESULTS............................................................................ 11 Drug and Alcohol Testing Policy Page 2 of 14 CRITERIA FOR SELECTING TESTING LABORATORIES........................................ 12 CON FID E NTIALITY ............ ............. ............................... ........................ ........... ......... 12 OVER-THE-COUNTER OR PRESCRIBED MEDICATION NOTIFICATION............... 12 EM PLOYEE ASSISTANCE ......................................................................................... 12 TREA TM ENT......................... ..................................... ............ ........ ................ ........ ..... 12 RETURN TO DUTY... ........... ........... ...... ....... ....... ........ ............. ................. ........... ....... 12 EM PLOYEE COMPE NSA TION... .... ....... ........... ..... ........... ....................... .......... ......... 13 NOTIFICATION OF EMPLOYEE OF RIGHTS UPON A POSITIVE DRUG TEST RESULT ........ ........ ............. ......... ...... ......... ....... ........... ..... .................................. ........ 13 Drug and Alcohol Testing Policy Page 3 of 14 . . . . . . CITY OF STILLWATER DRUG AND ALCOHOL TESTING POLICY Policv Statement The following Drug and Alcohol Policy has been adopted by Resolution by the City of Stillwater and is effective upon the passage of that Resolution by the City Council. The policy of the City is to provide a drug and alcohol-free work environment. The City recognizes drugs and alcohol as potential health, safety, and security problems. The City's goal is to establish and maintain a healthy and efficient workforce, free from the effects of drugs and alcohol. in compliance with the requirements of applicable laws. Employees are required to report for work on time and in appropriate mental and physical condition. Employees are strictly prohibited from using, being under the influence of, possessing, selling, or transferring illegal drugs, alcoholic beverages and other prohibited controlle~ substances while on duty or on-call for duty while, on City-owned or City-leased premises, or while operating City vehicles, machinery, or equipment. Possession does not include the confiscation of drugs or drug paraphernalia by a police officer(s). Confiscated drugs and/or drug paraphernalia must be secured in the Police Department evidence room as soon as possible or secured as stated in department policy until access to the evidence room can be gained. "Drugs" include, but are not limited to: marijuana, cocaine, opiates, PCP, and amphetamines. An employee may use a drug as administered by a physician who has informed the employee that the drug will not impair the employee's ability to safely operate City vehicles, machinery, or equipment. Any employee found in violation of this policy will be subject to the disciplinary provisions of this policy and the City and any other applicable provisions of state or federal law. Off-Duty Limits Depending on the circumstances and the employee's job, off-duty drug, alcohol, or other prohibited controlled substance use may subject the employee to discipline. Off-duty employees may use or possess alcohol on City premises ( e.g. parks) when said use and possession is not prohibited to members of the general public or a permit has been obtained for such use. Violations Violations of this policy will result in disciplinary action, up to and including termination, and may have legal consequences. Drug and Alcohol Testing Policy Page 4 of 14 Convictions As a condition of employment, every employee of the City must abide by the terms of this . policy and must report, in writing, any instance of the employee's own conviction under a criminal drug statute for a violation. An employee convicted of a criminal drug offense committed in the course of employment will be subject to appropriate disciplinary action and/or required to successfully complete an appropriate rehabilitation program at the employee's own expense, unless provided to the employee through insurance coverage or the Employee Assistance Program. The City, in its sole discretion, shall determine appropriate disciplinary action. Savings Clause This policy does not replace or supercede the City of Stillwater's current Federal Omnibus Transportation Testing Act Policy. Rather, this policy builds upon the Federal Omnibus Transportation Testing Act Policy to clarifY the City's Drug and Alcohol testing policy as it relates to all employees. Nothing in this policy is intended to conflict or supercede with Federal or State laws. Should any article, section or portion thereof of this Policy be held unlawful and unenforceable by any court of competent jurisdiction, such decision of the court shall apply only to the specified article, section or portion thereof directly specified in the decision. DrU2 and Alcohol Testing . Purpose The purpose of this policy is to provide for the testing of employees and job applicants in conformance with the requirements of Minnesota Statute 181.950 - 181.957. Scope This policy applies to all employees ofthe City and all job applicants who have received a contingent offer of employment by the City. Definitions For the purposes of this Policy, the following definitions will apply: Accident c. A fatality; or Receipt of a citation under State or local law for a moving traffic violation resulting from an accident; or Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or One or more motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle to be transported away from the scene by a tow truck or other vehicle. . a. b. d. Drug and Alcohol Testing Policy Page 5 of 14 . Alcohol Ethyl alcohol. City The City of Stillwater. Confirmatory Test A second testing of the original test sample when the initial test produces a positive test result, using a method of analysis allowed under one of the programs listed in MN Statute section 18] .953, Subd. I. Confirmatory Retest A third testing of the original test sample when the confirmatory test produces a positive test result, using a method of analysis allowed under one of the programs listed in MN Statute section 181.953, Subd. ]. A confirmatory retest is done at the request and expense ofthe employee. Conviction A finding of guilty (including a plea of "nolo contendere,"no contest) or imposition of sentence, or both, by any judicial body charged with the responsibility to de,termine violations of State or Federal criminal drug laws. . Drug A controlled substance as defined in MN Statute 152.01, Subd. 4 and/or ifrequired by law, the Federal Drug-Free Workplace Act of 1988. Drug and Alcohol Testing, Drug or Alcohol Testing, Drug or Alcohol Test Analysis of a body component sample according to the standards established under one of the programs listed in MN Statute section 181.953, Subd. I for the purpose of measuring the presence or absence of drugs, alcohol, or their metabolites in the sample tested. Drug Paraphernalia An item or items described in MN Statute 152.01, Subd. 18. Employee A person defined as an employee of the City under the State of Minnesota Public Employment Labor Relations Act in Section 1 79A.03, Subd. 14. Employer The City of Stillwater, acting through its designee(s) of the City Council. . Drug and Alcohol Testing Policy Page 6 of 14 Initial Screening Test A drug or alcohol test which uses a method of analysis under one of the programs listed . in MN Statute section 181.953, Subd. 1 and which is capable of detecting the presumptive presence of a drug, drug metabolite, or alcohol in the sample. Job Applicant A person, independent contractor, or person working for an independent contractor who applies to become an employee of the City. This also includes a person who has received a job offer made contingent on passing a drug or alcohol test. Premises All property and locations in which the City is operating or has established a presence. Positive Test Result A finding of the presence of drugs or other metabolites in the sample tested with levels at or above the threshold detection levels contained in the standards of one of the programs listed in MN Statute section 181.953, Subd. 1, Use of Licensed, Accredited, or Certified Laboratory Required. An alcohol test will be considered positive if the person being tested has an alcohol concentration level of at least .04 or a lesser level if an odor of an alcoholic beverage or signs of physical impairment accompany it. Reasonable Suspicion A basis for forming a belief based on specific facts and observations and rational inferences drawn from those facts, including but not limited to: appearance, behavior, speech, or body odors. . Circumstances Under Which Testin!! Mav Occur Job Applicant The City will make all offers of employment conditional upon the passing of a drug and alcohol test. The test will be conducted and the results obtained prior to commencing employment in the position. Reasonable Suspicion Testing The City will require an employee to undergo drug testing if the City has reasonable cause to believe that: a. The employee is under the influence of drugs; or b. The employee has violated provisions of the City's policy regarding the use, possession, sale, or transfer of drugs while the employee is working, or on City premises, or operating City vehicles or equipment; or Drug and Alcohol Testing Policy Page 7 of 14 . . . . c. The employee has sustained a personal injury or has caused another employee to be injured to the extent it requires emergency medical attention; or d. The employee caused or has been involved in a work-related accident, as defined above. Routine Exams Drug testing will be required as part of any physical exam required of an employee. The employee will be given at least two (2) weeks written notice that such testing may be required. Treatment Program Testing The City may test any employee referred by the City for chemical dependency treatment or evaluation at any time and without prior notice during the period of treatment or evaluation and for up to two (2) years following completion of any prescribed chemical dependency treatment or evaluation program in accordance with MN Statute 181.951, Subd. 6. Procedures for Reasonable Suspicion Testin2 Observation and Reporting Any person that has reasonable suspicion to believe that an employee has violated the provisions of this policy just before, during, or just after the employee's regular work day, shall immediately report the observation to the employee's supervisor. The supervisor along with another supervisory employee of the City, shall observe the employee and determine whether or not the employee's conduct is reasonably suspicious. In either instance, both supervisors shall document their findings and any reports received from any other persons. Testing If the supervisor has determined that the employee's conduct is reasonably suspicious and warrants a drug and alcohol test under this policy, the supervisor shall address the employee only in the presence of another supervisory employee of the City. The supervisor or their designee shall drive the employee to the testing facility and wait while the employee provides a sample for testing. Upon completion, the supervisor or designee shall drive the employee to his/her residence. Designation of Leave All employees, upon providing a sample for testing under reasonable suspicion, shall be placed on paid leave until the City has received the test results and appropriate action can be taken. Drug and Alcohol Testing Policy Page 8 of 14 Ri2hts of Emplovees and Job Applicants Prior to Testing Right of Refusal; Consequences . Job Applicant Job applicants may refuse to undergo drug and alcohol testing. However, any job applicant who refuses to undergo drug or alcohol testing required or requested by the City shall be deemed to have withdrawn their application for consideration of employment and the conditional offer of employment shall be withdrawn. Employees. Any employee may refuse to undergo testing. However, if an employee refuses to undergo drug and alcohol testing carried out in conjunction with this Policy, the employee may be subject to discipline including, but not limited to immediate discharge. Appeal Procedure Employees should refer to their applicable Collective Bargaining Agreement or to the City's Policy and Procedures Manual for appeal procedures. Opportunity to Explain Upon a positive confirmatory test result, an employee or a job applicant will be given the opportunity to submit to the City any information to explain the positive confirmatory test . result. Confirmatory Retest An employee or job applicant may request a confirmatory retest of the original sample, at the expense of the employee or job applicant. Tamperin2 with Dru2 and Alcohol Test Samoles If an employee tampers with their own, or someone else's, urine or blood sample, or in any way causes a sample to be invalid, the employee shall be subject to discipline including, but not limited to discharge. First Failure to Pass Dru2 and Alcohol Testin~ Without evidence of any other misconduct, any employee who has a positive Test Result for the first time on a Confirmatory Test will not be subject to discipline, including but not limited to discharge, provided the following: I. The City has given the employee an opportunity to participate in, at the employee's own expense or pursuant to the terms ofthe coverage under an employee benefit plan, either a drug and/or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the City after . Drug and Alcohol Testing Policy Page 9 of 14 . consultation with a certified chemical use counselor or physician trained in the diagnosis and treatment of chemical dependency; or 2. The employee has either refused to participate in such a program or has failed to successfully complete the program within a reasonable time as evidenced by withdrawal or a positive Test Result on a Confirmatory Test after completion of the program. Personnel Action and Discipline Based on Test Results Positive Initial Test Result Applicant The City will not withdraw a conditional offer of employment on the sole basis of a positive test result on a job applicant's Initial Screening Test. An Initial Screening Test must be verified by a Confirmatory Test (and a Confirmatory Retest, if requested by and at the expense of the applicant) before a conditional offer of employment can be withdrawn. . A job applicant who receives a positive test result of a Confirmatory Test, fails or refuses a Confirmatory Test, or does not request in writing a Confirmatory Retest within five (5) working days after notice of a positive test result of a Confirmatory Test, may be refused employment and will be notified of the reasons for such refusal. Employee The City will not discharge, discipline, discriminate against, or require rehabilitation of an employee on the sole basis of a positive Initial Screening Test that has not been verified by a Confirmatory Test. However, the City may temporarily suspend a tested employee whose test results are positive or transfer the employee to another position at the same rate of pay, pending the outcome of a Confirmatory Test (and a Confirmatory Retest, if requested by and at the expense of the employee) if the City believes it is necessary to protect the health and safety of the employee, co-workers, or the public. An employee who refuses a Confirmatory Test is subject to disciplinary action, including but not limited to discharge, subject to the provisions of this policy. An employee who is suspended without pay will be reinstated with back pay if the outcome of the Confirmatory Retest is not positive. Requests for a Confirmatory Retest must be made in writing within five (5) working days of the employee's receipt of notice of the test results. . An employee who receives a positive test result on a Confirmatory Test and does not request in writing a Confirmatory Retest within five (5) working days after Drug and Alcohol Testing Policy Page 10 of 14 notice of positive Confirmatory Test results, may be subject to discipline including, but not limited to discharge subject to the provisions of this policy. . Positive Confirmatory Test Result Applicant If a job applicant receives a positive Confirmatory Test result and does not request in writing a Confirmatory Retest within five (5) working days after notice of a positive test result of a Confirmatory Test, the City shall withdraw the conditional offer of employment. If the offer is withdrawn, the City will provide the applicant with the reason. Employee If the employee receives a positive Confirmatory Test result and does not request in writing a Confirmatory Retest within five (5) working days after notice of a positive test result of a Confirmatory Test, an employee may be discharged provided the criteria under "First Failure to Pass Drug and Alcohol Testing" has been met. The City will provide the employee with the reason for discharge. If the City believes it necessary to protect the safety of the employee, other employees, or the public, the City may temporarily suspend or transfer the employee pending the outcome of the Confirmatory Retest, if requested by and at the expense of the employee. . Ri2hts of an Emolovee or Job Aoolicant After Positive Confirmatorv Test Results I. An employee or job applicant who receives a positive test result on a Confirmatory Test has the right to receive a copy of the test result report. 2. Within three (3) working days of notice of the positive Confirmatory Test result, the employee or job applicant has the right to submit to the City any additional information to explain this result or; within five (5) working days, to notifY the City in writing ofthe employee's intention to obtain a Confirmatory Retest ofthe original sample, at the employee's or job applicant's own expense. 3. If the Confirmatory Retest is conducted in accordance with the rules established by the Commissioner of the Minnesota Department of Health by a qualified laboratory in accordance with Section II, E., and if it is not positive, the City shall reimburse the employee or job applicant for the actual cost of the Confirmatory Retest in an amount not to exceed $100.00. In addition, no adverse personnel action shall be taken against the employee or job applicant based on the original Confirmatory Test. . Drug and Alcohol Testing Policy Page 11 of 14 Criteria for Selectim! Testin2: Laboratories . In accordance with MN Statute 181.953, Subd. I, the City shall use the services of a testing laboratory that meets one of the following criteria for drug testing or such other applicable criteria as established under Minnesota law: a. is certified by the National Institute on Drug Abuse as meeting the mandatory guidelines published at 54 Federal Register 1 1970 to 11989, April I I, 1988; b. is accredited by the College of American Pathologists, 325 Waukegan Road, Northfield, Illinois 60093-2750, under the forensic urine drug testing laboratory program. Confidentialitv All test results are strictly confidential, and the City will not disclose test information to anyone unless required to do so by law or unless the employee or applicant provides written consent. . Over-The-Counter or Prescribed Medication Notification Employees must report their use of over-the-counter or prescribed medications to their respective Department Head if the use might impair their ability to perform their job safely and effectively. The City Administrator and Department Head will then determine whether the employee should be able to perform the essential functions of the job safely and properly. Emplovee Assistance Employees who are experiencing work-related or personal problems resulting from drug, narcotic, or alcohol abuse or dependency may request, or be required to seek, counseling. Participation in counseling, including the City-sponsored employee assistance program is confidential. Job performance, not the fact that an employee seeks counseling, is to be the basis of all performance appraisals. Treatment Any employee who is abusing drugs or alcohol may be granted a leave of absence to undertake rehabilitation treatment. The c,l11ployee will not be permitted to return to work until certification is presented to the Department Head/City Administrator by a treatment official or physician that the employee is capable of performing his/her job. Failure to cooperate with an agreed-upon treatment plan may result in discipline, up to and including termination. . Return to Dutv Any employee who has a positive drug and/or alcohol test result, must submit to a test and have a negative test result prior to returning to duty. Drug and Alcohol Testing Policy Page 12 of 14 Employee Compensation An employee shall be compensated for all time spent. providing a sample, including travel . time to and from collection site, in order to comply with reasonable suspicion, post accident or follow-up testing. NOTIFICATION OF EMPLOYEE OF RIGHTS UPON A POSITIVE DRUG TEST RESULT Pursuant to the City drug testing program, if you receive a positive test result on a confirmatory test. According to state law, you must be notified of the following: A. Within three (3) working days of receiving notice of the positive test result on your confirmatory test, you may submit information to the City, in addition to any information already submitted, to explain the test result. B. Within five (5) working days of receiving notice of the positive test result on your confirmatory test, you may submit a written request to the City for a confirmatory retest of the original test sample. This retest will be done at your own expense. If the confirmatory retest produces a negative test result, no adverse personnel action will be taken against you. C. There are limitations on employee discharge, discipline, or discrimination. According to state law: . I. An employer may not discharge, discipline, discriminate against, or request or require rehabilitation of an employee on the basis of a positive test result from an initial screening test that has not been verified by a confirmatory test. 2. In addition to the limitation under paragraph a., above, an employer may not discharge an employee for whom a positive confirmatory test result was the first such result for the employee on a drug or alcohol test requested by the employer unless the following conditions have been met: a. The employer has first given the employee an opportunity to participate in, at the employee's own expense or pursuant to coverage under an employee benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the 1;;1Hployer after consultation with a certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependence; and . Drug and Alcohol Testing Policy Page 13 of 14 . . . b. The employee has either refused to participate in the counseling or rehabilitation program or has failed to successfully complete the program, as evidenced by withdrawal from the program before its completion or by a positive test result on a confirmatory test after completion of the program. c. Notwithstanding paragraph a., above, an employer may temporarily suspend the tested employee or transfer that employee to another position at the same rate of pay pending the outcome of the confirmatory test and, if requested, the confirmatory retest, provided the employer believes that it is reasonably necessary to protect the health or safety of the employee, co-employees, or the public. An employee who has been suspended without pay must be reinstated with back pay if the outcome of the confirmatory test or requested confirmatory retest is negative. d. An employer may not discharge, discipline, discriminate against, or request or require rehabilitation of an employee on the basis of medical history information revealed to the employer by the employee in anticipation of or as explanation of a drug test, unless the employee was under an affirmative duty to provide the information before, upon, or after hire. e. An employee must be given access to information in the employee's personnel file relating to positive test result reports and other information acquired in the drug and alcohol testing process, and conclusions drawn from and actions taken based on the reports or other acquired information. Nothing contained in this policy is intended to create a contract between the City and any of its employees, This policy may be revised at any time, as the City deems appropriate. Drug and Alcohol Testing Policy Page 14 of 14 5Z0~' . ~')iw~ter ~ ~- ~"\ ..... - THE BIRTH'lACE Of MINNESOTA Receipt Number Check No. Amount Paid: Fee: $100.00 APPLICA TION FOR SALE OF FIREWORKS APPLICATION MUST BE SUBMITTED 45 DAYS PRIOR TO STARTING DATE OF SALE REQUIRES CITY COUNCIL APPROVAL Name of Applicant 1fl..~ II Home Address U 1(ivcr J}1/\J g;,;f16 I NameofBusiness1W}n C,ries /h;~ .~S dba O(1<;~(JfW *52fJb Business Address '10' OlJJGt'L) S~ ~)LLOO1rK 5:. ~ Corporate Address (if different than business address)1Jf/1J ~ '1f Z3 ft:tQah1 fi*512b , Telephone (Business): Jd2J...l{?J)'" /3lq Home Phone c'5C!l..5-Z-q)t, I Beginning Date of Sale: !!lAS-&- End Date of Sale: '/~/(:;t.f Hours of Operation: ;l'/ Ail) . , Location of Display 6t5l1-1,vP ~ R~UIRED ATTACHMENTS: The following attachments must be included with this application: ~ Permit Fee - $100.00 2. Proof of bond or certificate of insurance in an amount~ o not less than $1,000,000.00 showing the City of Stillwater as an additional insured. 3. A diagram of the grounds or facilities (for indoor sales) sc , or .th dimensions included. Signature of Applicant (or nt) Make Check or Money Order payable to the CITY OF STILLWATER and return to the OFFICE OF THE CITY CLERK, 216 N. 4TH ST, STILLWATER, MN 55084 FOR OFFICE USE ONL Y The sale of the listed fireworks at the location shown on this application is hereby approved, subject to the fol/owing conditions if any: . IYJww 6~p C\-lf!1c~_- t .s () LoO ~ If"t:dv iV-C; v ~ G-P Signature of Fire Chief: ~t.J . ~. ~~ Date: ~ (LJ /6 Y -r,.ale of the listed fireworks on the date and at the location shown on this application is hereby approved subject to th I/o wing conditions if any: . ( . ~ / 11:f,;j/ Signature of Police Chier/k,,4 /Ld!tJ.JVt VI . /' Date:-.fo- ~-o r ~l5 ~'I.' Wilter ~ --==-=-- ~ THE BIRTHPLACE OF MINNESOTA ~ Receipt Number Check No. Amount Paid: Fee: $100.00 APPLICA TION FOR SALE OF FIREWORKS . APPLICATION MUST BE SUBMITTED 45 DAYS PRIOR TO STARTING DATE OF SALE REQUIRES CITY COUNCIL APPROVAL Jame of APPlicanl~ I NNVl. It r: H.. "V,;' I _ or fVJ N 10me Address~ ~ N Iv Ull- ~ J, 55.330 Jame of Business1iui., (,ifu Smrrs ol.. Ja Oo.s is MamJ # b 15 ~usiness Address 17 riD S. GrreloJ S-I-. ~ 61JOg Z ~orporate Address (if different than busines~ addreSs)J 1J 2.lLSiJ lJ[,y ~II fd :It 23 Faqa;n 5fi12Z 'elephone (Business): b51- Lf3q- 02/4 . Home Phone CSI::.!J5Z..,q 110 I ~eginning Date of Sale: (p lz-~ ~ End Date of Sale: 9,1;0 /~y Hours of Operation: S" TIl //fl'1 ocation of Display CN 0 f4<:.JL h<:n.-+ cJ.f S~- ~EQUIRED ATTACHMENTS: The following attachments must be included with this application: 1. Permit Fee - $100.00 2. Proof of bond or certificate of insurance in an amount of not./ess than $1,000,000.00 showing the City of Stillwater as an additional insured. ~ 3. A. diagr~m o~ the grounds or facilities (for indoor sales) dra n Yr'\ale )~r. With.. . dImensIons Included. ~ l Signature of Applicant (or ag t lake Check or Money Order payable to the CITY OF STILLWATER and return to the OFFICE OF THE :ITY CLERK, 216 N. 4TH ST, STILLWATER, MN 55084 FOR OFFICE USE ONL Y . '. he sale of the listed fireworks at the location shown on this application is hereby approved, ubject to the following conditions if any: t11t>v~ -fD 6N 0 ~ rlccF ~ 7/ ignature of Fire Chief: ~w. /~~ _ <' ......" Date: b/z-.) Icy he sale of the listed fireworks on the date and at the location shown on this application is hereby approved sUbjec. ,e following conditions if any: /J/J~ ignature of Police Chief/~ I ~..(j ~ - v ,~ / / /1 I Date: fP-?Fi - c y FILE No.223 06/02 '04 14:30 ID:CITY OF STILLWATER :6514308809 PAGE . oJ;"wat~~.~ .....-~. ...."\ ..., ,,' ".." .. ......... . ..... Receipt Number Check No. Amount Paid: Fea: $100.(>0 APPLICATION FOR SALE OFF/REWORKS . APPLICATION MUST BE SUBMITTED 45 DAYS PRIORTO SrARTINGDATE OFSAt.LE REQUIRES CITY COUNCIL APPROVAL Name of Applicant 11 h16th--;y C OWJ:-Y<' ~. . Home Address t11Lf O\so'D La Ke- { ~IL- D-~(~ fY) r'J Gc;JJ?: ~ame of Business '-.Q!JVV'o'S J(1)I;JhO +~ . , .' ,', . .. ..". ,usiness Address "0 m Orl Fa. n S .':!( "tit, fil7{({~{pfJ) N7:>{)K~ :::orporate Address (if different than business address) ;;l7,q (<f"j( (~r .RJ;.{ffp.plecJooeVlt1f.J58J/4 relephone (Business): ~S\)4:2fl-:--n~ltC:; .Home Phone (&,51) '1~()rxroC,( . . . ~ - . ---. . ~ .bJ-et>K:d4y$ 7}.~ It ~ 3e91nnlng Date of Sale: (Vf (elv+( 1.-1/ End Date of Sale: HQurs ofiOperatJon: .. ... . ... : .... .' p o W.eekeMS ]:0011/1-<-.-- II '.Uf.J f'1'^- .ocation of Display ~.RED ATTACHMENTS: Thefollowing attachments must be included with this application: 1. Permit Fee - $100.00 2. Proof of bond or certificate of insurance in an amount of not less than $t,OQ(),OOO.OOshowingthe City of Stillwater as .an additional insured. . A diagram of the grounds or facilities (for indoor s.a alleess)) d d.~ ra. w . OfL' '.5 _ . Ie..... o...r w. ith dimensions included. ~II! . .._ ((->-Z (/~; ~ signalureu0pplicant (or a~ent) 1ake Check or Money Order payable to the CITY OF STILLWATER and return to the OFFICEOFTHE :ITY CLERK, 216 N. 4TH ST, STILLWATER, MN 55084 . 3. FOR OFFICE USSONLY ne sale of the listed fireworks at the location shown on this application is hereby approved, ubject to the following conditions if any: ignature of Fire Chief: Date: /J~ of the liste. d fireworks on the. date and at the location shown on this apPlicationiShe[ebyap.proV~dSUb.V.'..ectto 'e~wing conditions if any: ....... . ;gnature of Police Chief: Date: . . . TO: FROM: DATE: SUBJECT: 1 2 3 4 5 6 7 CITY OF STILLWATER MEMORANDUM Mayor and City Council Sharon Harrison, Assistant Finance Directo~ July 6, 2004 Utility Bill Adjustments - Sewer Charges Descriotion Leaky Toilet Leaky Toilet Recommendation Reduce April 04, July 04, Oct 04 & Jan 05 to useage of 10,000 gallons Reduce July 04, Oct 04 & Jan 05 to useage of 11,000 gallons Leaky Toilet & Old Plumbing Leaky Toilet Pipe Burst Reduce July 04, Oct 04 & Jan 05 to useage of 14,000 gallons Reduce July 04, Oct 04 & Jan 05 to useage of 18,000 gallons Reduce July 04, Oct 04 & Jan 05 to useage of 10,000 gallons Leak in Basement Plumbing Reduce July 04, Oct 04 & Jan 05 to useage of 23,000 gallons Leaky Toilet Reduce July 04, Oct 04 & Jan 05 to useage of 11,000 gallons . Minnesota Lawful Gambling LG220 Application for Exempt Permit Organization Information Organization name Stillwater Public Street 223 N. Fourth St. Fee $50 Page 1 of2 (web) 12/03 For Board Use Only Fee Paid Check No. J Previous lawful gambling exemption number Library City Stillwater Not ADOl icabl e State/Zip Code MN 55082 County Washington Name of chief executive officer (CEO) First name Lvnne Name of treasurer First name Sam e. a s a b 0 v e Last name Rprtrllmio Last name Daytime phone number of CEO fiI11_41q_16711 Daytime phone number of treasurer: Type of Nonprofit Organization Check the box that best describes your organization: D Fraternal D Religious D Veteran Gil Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: D IRS letter indicating income tax exempt status D Certificate of Good Standing from the Minnesota Secretary of State's Office o A charter showing you are an affiliate of a parent nonprofit organization D Proof previously submitted and on file with the Gamblin9 Control Board Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles,list the site where the drawing will take place) . 0El~ r;',:,n CQuntry Address (do not use PO box) C II b City 1599 McKusick Rd. Stillwater Date(s) of activity (for raffles, indicate the date of the drawing) State/Zip Code County MN 55082 Washinaton A II 9 II c:; t 11: ? n n 4 Check the box or boxes that indicate the type of gambling activity your organization will be conducting: D *Bingo 1RI Raffles (cash prizes may not exceed $12,000) D *Paddlewheels D *Pull-Tabs D *Tipboards *Gambling equipment for pull-tabs, tipboards, paddlewheels, and bingo (bingo paper, hard cards, and bingo ball selection device) must be obtained from a distributor licensed by the Gambling Control Board. To rnd a licensed distributor, go to www.gcb.state.mn.us and click on List of Licensed Distributors. Or call 651-639-4000. . This form will be made available in altemative format (Le.large print, Braille) upon request. The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a permit. If you supply the information requested, the Board will be able to process your application. Your name and and your organization's name and address will be public information when received by the Board. All the other information that you provide will be private data about you until the Board issues your permit. When the Board issues your permit, all of the information that you have provided to the Board in the process of applying for your permit will become public. If the Board does not issue you a permit, all the information you have provided in the process of applying for a permit remains private, with the exception of your name and your organization's name and address which will remain public. Private data about you are available only to the following: Board members, staff of the Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. LG220 Application for Exempt Permit Organization Name S t i 11 wa t e r Pub 1 i c Lib r a r y Local Unit of Government Acknowledgment If the gambling premises is within city limits, the city must sign this application. On behalf of the city, I acknowledge this application. Page 2 of 2 12/03 . If the gambling premises is located in a township, both the county and township must sign this application. On behalf of the county, I acknowledge this application. Check the action that the city is taking on this application. O The city approves the application with no waiting period. Check the action that the county is taking on this application. O The county approves the application with no waiting period. O The city approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class city). o The county approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days. o The city denies the application. o The county denies the application. Print name of city Print name of county (Signature of city personnel receiving application) (Signature of county personnel receiving application) Title Date Title Date TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application (Minnesota Statute 349.213, subd. 2).] Print name of township . (Signature of township official acknowledging application) Title Date Chief Executive Officer's Signature The information provided in this application is complete and accurate to the best of my knowledge. ~S. ~p ~. 1;'1 d T7tl.- 1"\-11 () Chief executive officer's signature Name (please print) LY/V/II'l.. Date f I V7 I ()cf Mail Application and Attachments At least 45 days prior to your scheduled activity date send: . the completed application, . a copy of your proof of nonprofit status, and . a $50 application fee (make check payable to "State of Minnesota"). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 If your application has not been acknowledged by the local unit of government or has been denied, do not send the application to the Gambling Control Board. . . . . MAGNUSON LAyV FIRM UCJCi'i:iEDl;"; i\'lJN;'."r:.~(JT\ A:'IO...." t:lcU<'l.5 1:'\ Tl"' I' 111:.-..:H t)",,~~q;I"'O {'j fl rotiHJ }]~ Nnf{rJ-4 t'",I~\11'" ~7~F.E'i" . 3"l:t7t:: tf".:rr.:. I..f).-af)" ...3~" .sT1LL.W'\(E~. \\I~:I :l.~or.2 TE:"'c~:-try"'w: .(h I':) ~.:I,l~:J4("1""~ "TtL=t..:r:WWF\:t(,I:l "*:..F).5o~t f)Anr; T. i'r!.\(;I\Ii"()~ H.IClI.~RDD. AU.EN October 6. Ilj97 Ms. tyn.nc Bc:ca!mio Stillw:\ter Public Library 22::; Nl)ITh ~th Srre=~ Slilhv3ll.:~, I\1N 550S2 RS: Charitable Contributions; City Library asQualitied OrgnnizCJ.cion Deilr Lynne: ...... A charitable: contribution is a contribution or gifnuade to cert.:lin types ,(jforganiz3tions . described in Section l70,c) of the Intemal Revenue Code, This law pmvidei that a gift i::; ch:tritabk if made to a State, a pos;;ession Qfthe United State::;, or an)' politic.aJ subdivision of an! ofcile foregoing, but only if the cOl1lribution or gin. is made for exclusiVely pUbIicpurpos~s. Since the Libral~" is a Department of the City and the City is.a HOrTle Rlllc.Chal1cr City of the Third Class, and a political $ubdivision of the State of Minne::;Ql<l, duly organized and validly existing und~r andpmsuant to th~ constitution and laws ofMjn.nesota~ the Library is a qualifyi.ng org:tnization within the meaning of the Internal Revenue Co~e. Inconclu.::;ion,?ifts made to the City Library and used for library purposeswollldalIow3. corpor::ltion or individual who itemizes deductions to deduct from their adjusted gross income tbe amount of charirabk contributions made, subject only to the various statutory requirements . .., including the percentage limitations on deductibility. . . Respc~tfully submitted, David T. Ma' . USOI1 StiJlwatc: City Attom~:r DT~l!ds . . . MEMORANDUM To: Mayor and City Council From: Sue Fitzgerald, City Planner Date: July 6, 2004 Subject: Update on Stillwater Depot Grill Sign Variance Appeal - Todd Weiss representing David Paradeau Background: The Heritage Preservation Meeting (11/03/03) reviewed the request for extra signs and an interior lit canopy over the front door that were installed before the approval process. The HPC sent their recommendations to the Planning Commission. The Planning Commission was reviewing the case for a Variance request to the number of signs permitted and the interior lit canopy. The HPC recommended approval of the allowed number of signs, but the name of the grill on the north, south and west sides of the valance be removed. Generic names can be printed on the valance, not the full name of the restaurant. The awning is not to be internally lit. External lighting is option that could be reviewed by staff D;".:."aonal signs without the grill's name is permitted. On 12/8/03 the Planning Commission denied the request unanimously. The applicant appealed the Planning Commission decision to Council on 2117/04. Council upheld the Planning Commission's motion +3-2. On May 4,2004, staffmet with Mr. Paradeau to discuss when the changes to the number of signs and the lit canopy were going to be made to uphold the Councils' decision. Mr. Paradau said he would be out of town for a few weeks and he would get in touch as soon as he got back.. On June 1,2004, staffmet Mr. Paradeau at the Stillwater Depot Grill. Mr. Paradeau agreed to remove the light from inside of the canopy immediately, which he did. DeMars Sign Co. is going to remove the word' Stillwater' from the north, south and west sides ofthe canopy. Depot Grill can be generic; therefore will remain. This, Mr. Paradeau said will be completed by the end of July 2004. I talked to him today to get that date. We also discussed ways to heIp the flow of traffic with generic and directional signs that he can use. Attached: February 17,2004 City Council Minutes for V/03-95 City Council Meeting - 04-04 February 17, 2004 Resolution 2004-39, accepting quotes and awarding contract for Maryknolllift stati. upgrade Resolution 2004-40, approving contract with Johnson Controls, Inc. for maintenance agreement for air conditioning system for Public Works Facility Possible approval to purchase vehicle - Engineering Dept. Possible approval to purchase of snow blower - Public Works Possible approval to purchase of tables and 40 stackable chairs for city training room Possible approval of 2003 budget adjustments PUBLIC HEARINGS * Case No. V/03-95. This is the dav and time for the oublic hearina to consider an appeal of the Plannina Commissiol1l~ cjecision on ~ re<:1!:l~~t frC)m Todd Weiss for a variance to the sian reaulations for additic:mClI cal1C)!JY sigI19~.Je (c..Hl~ ~if.lO oermitted) located at 601 North Main Street in the CBD. Central Business District. Mayor Kimble opened the public hearing. Mr. Todd Weiss, Stillwater Depot, stated that the Minnesota Zephyr and Stillwater Depot Grill are completely separate businesses that operate in one building and their concern is that the Stillwater Depot Grill does not have sufficient signage. He stated that at the time of the grill opening it was the busiest time for the Zephyr (approximately 10,000 customers that month) that it was extremely necessary to put a sign up to inform the guests where they needed to enter. He stated that they have a lot of repeat quests and did not want to have the guests intertwined trying to get to the Zephyr or the grill. He stated that he knows that there is a lighting issue on the grill sign, however where the City lights end on their property on the south end that without the lights it is a useless sign. He also stated that there is concern about the monument sign that used to state the Minnesota Zephyr & Railroad Museum and there is no longer the railroad museum so the Depot sign replaced the museum sign. He stated when the decision was made to place the sign it was due to how busy the businesses were going to be, not to skirt or avoid the processes that they have always gone through, it was a timing decision. Mr. Weiss stated that there is a canopy sign over the west entrance and the front of that sign it says "Stillwater Depot Grill" and on north and south side of the canopy it says "Stillwater Depot Grill". He stated that there is only one sign on the building even though there are two businesses that operate in the building. Councilmember Junker asked if the monument sign was on Stat~ property. Mr. Weiss stated that it was. Councilmember Kriesel asked if the monument sign contained both businesses. Mr. Weiss stated that the monument had signs referencing the Zephyr and Stillwat. Depot Grill. He also stated that he did not want to point out other businesses in Page 3 of 10 City Council Meeting - 04-04 February 17, 20C. . Stillwater that have more than one sign with their business name on a building. He die not feel that what was done was in bad taste and that they made a business decision t: get done what they felt they had to get done but it wasn't done without knowing that eventually they would have to pay up for the decision. Councilmember Kriesel stated that signage is the greeting card to the community and stated that signage could have said grill or restaurant rather than the name on three sides. He stated the ordinance is specific, that it should be changed, how often shoule it be changed, and whom should the City change it for. He stated that the City would t-: requested by others to do the same thing and felt the HPC is right for holding the line c- the issue. Council member Junker stated that some businesses have cleverly used their windows to advertise their business from inside where it looks like there is more signage. Mr. Weiss stated that some of the businesses downtown with extra signage were Pepitos, Freight House, Main Street Cafe, and the bookstore on the corner. Councilmember Milbrandt stated that Mr. Weiss made a business decision and knevl that he would have to answer for that decision, however he was not there to make amends, but requesting Council to go along with the request, which Mr. Weiss knew, was wrong. . Mr. Weiss stated that a business decision was made to put up a sign, but a business decision was not made to put up a sign that was in violation of the ordinance. Mayor Kimble asked what the square footage of the property was. Mr. Weiss stated it was approximately 2 acres. Councilmember Junker stated that the canopy is very nice, however it is internal light and felt that the same effect could be accomplished by using external lights. He stated that the monument sign does a tremendous job of lighting up the entire area. He also stated that by goose necking the lights over the canopy and having only grill or restaurant on two of the sides would take care of the issue. Mr. Weiss stated that the sign could not be goose necked because it is a metal sign on top. . Mr. Roger Tomten, representative from the Heritage Preservation Commission, stated that when the applicant came before HPC in March for the building addition the project rpr'pj",':>n hi"h nra.lC:ps hpr-~IIC:P r>f the '^'~" the rlps.'gn 'A'as 'Integrated tr> the eV.lst'lng ___.."_n.... ...~. fJ ...,....... lJ\JV\..A'-IlrJ'- '-", LI' ".\.AJ I U,", II VY . \.Jv '\J U. ^ building, and that the signage information that was presented at that time was just a modification of the signage on the monument sign and that one of the conditions of approval was that if there were any additions or modifications that the applicant come back before HPC, and therefore HPC asked Ms. Fitzgerald to look at the canopy Page 4 of 10 City Council Meeting - 04-04 February 17, 2004 because the applicant did not come back before the commission. He also stated t. the commission is not a denying commission and take great pride in working with the applicants and educating them on the commission's purpose, and the preservation of the historic character of the City. He stated that the commission had over 100 applications before them and this is the first appeal this year to their decision. He also stated that are a few options to handle the applicant's signage that were presented to the applicant at the March meeting, however the applicant did not seem interested in those options and it went forward to the Planning Commission where some of those options were again suggested to the applicant. Mr. T omten explained that some businesses downtown may have more than one sign if they have frontage on more than one street, such as the Freight House has four frontages. He stated there is a number of different ways it all comes together and there is a strict set of rules about signs and sizes and historic district design guidelines are there to pull it all together and bring it into continuity and character of a historic district. He felt that the commission presented a good solution to the applicant at the March meeting. He stated that there is a monument sign that may not be on their property, however it serves the business. He requested that Council deny the request so that Mr. Weiss can come back to HPC so we can try to resolve the problem. Mr. Bruce Ehlers, 110 Lakeside Drive, stated felt that what the business owners have done to the business has provided an atheistic and economic value to the city. He f& the signage for the business provides more than just advertisement for the busines. provides a break for the handicap parking out of the weather as well as other patrons of the business, it also provides a safety aspect by providing light in an area that is extremely dark, and that the signage was very well done, is in extremely good taste, adds to the flavor of the building and does not detract from the building. Mr. Jeff Johnson, representative from the Heritage Preservation stated that the safety aspects of the canopy and the signage on the canopy need to be kept separate. He stated that there is already a monument sign that addresses both businesses and the issue is the additional signage on the canopy and the interior lights that aluminates the canopy, which the HPC finds nonconforming. Mayor Kimble closed the public hearing. Councilmember Rheinberger spoke in favor of granting the variance of the signage because of the specific location of the businesses, differenation need between two unique businesses and need for customer location assistance. He stated that the uniqueness of this is the location of the business because people do not know where it is and the signs provide assistance to get them to the business. He also stated that this sign is not for soliciting patrons, but assistance to location and that is why there is a variance process in the ordinance to consider unique circumstances. Councilmember Kriesel stated that the issue is advertising and if the canopy just stat. grill or restaurant that would have addressed the HPC concerns. Page 5 of 10 City Council Meeting - 04-04 February 17, 2004 . Councilmember Milbrandt stated that the issue is signage, which was unanimously denied, by HPC and the Planning Commission and the commissions provided alternatives that made sense. He stated that the HPC has proven they work with business people and want to meet them half way and it appears it is not happening in this case. Council member Junker stated that the Stillwater Grill is a fabulous restaurant, however the monument sign does a good job indicating both businesses in the one building. He stated that there have been a number of alternatives in lighting the canopy and addressing traffic to the grill entrance. He felt that the HPC has preserved the downtown through the guidelines, provided consistency, and should be complied with. Mayor Kimble spoke in favor of the granting the variance for the signage. He stated that the HPC follows the ordinance and if it does not fall within the ordinance the HPC and Planning Commission have to deny the request however, if something does not fit within that ordinance there is a variance provision process to allow for special circumstances. Motion by Council member Kriesel, seconded by Council member Milbrandt to deny the appeal and directed City Attorney Magnuson to prepare findings in regard to this decision to be acted upon at the next City Council meeting. . Ayes: Councilmembers Kriesel, Milbrandt, and Junker Nays: Council member Rheinberger and Mayor Kimble UNFINISHED BUSINESS Possible al2!2roval of sprinklE?r ~~t~rn connection tQ Gitv water suQQLv - Stillwater Evanaelical Free Church City Administrator Hansen reviewed the options for the connection. He stated that in the best interest of the City would be to receive petitions and consent to annex from church, approval of conditions regarding the payment of impact fees through a possible assessment over 10 years at an interest rate of 5% and that an agreement for the payment of these fees be prepared by the City Attorney. Motion by Councilmember Rheinberger, seconded by Council member Milbrandt to adopt Resolution 2004-42, a resolution annexing land to the City of Stillwater pursuant to the Joint Resolution of the City and Town of Stillwater as to Orderly Annexation, dated August 16,1996, subject to receiving petitions and consent to annex from church, approval of conditions regarding the payment of impact fees by city administrator and approval of agreement for payment of fees by city attorney. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble . Nays: None Page 6 of 10 . . . MEMO DATE: June 21, 2004 TO: Mayor and City Council FROM: Larry D. Hansen City Administrator RE: Finance Director Reclassification I have been the City Administrator for the City of Stillwater for the past 211z years and have had the opportunity to thoroughly evaluate the operations of all departments. After careful consideration, it is my opinion that the Administration/Finance Department would operate more effectively if they were structured as separate departments with the department heads of each reporting to the City Administrator. As the City Administrator, I work very closely with the Finance Department and would prefer the Finance Director report directly to me. Since my appointment as City Administrator, the Asst. Finance Director, Sharon Harrison, has progressively taken on additional responsibilities and the position has evolved into what I consider Finance Director responsibilities. I am therefore recommending that Sharon be reclassified as the City's Finance Director and be given the full responsibilities and salary commensurate with that position. I am recommending a salary schedule which is based upon 2003 rates, as the Manager's Labor Agreement is not yet settled for 2004. Once the Agreement is settled, this salary would be adjusted, as will all others in the group. In recognition that Sharon has currently been doing the duties of a Finance Director, I am also recommending that she be placed at the I-year salary step rather than entry level. The reclassification and salary are subject to union negotiations, but! am confident that the salary range is appropriate. I am asking that the reclassification be effective July I, 2004. Attached for your review is a copy of the proposed salary schedule, position description and organizational chart. Should any of you have any questions or concerns regarding this matter, please contact me. Barring any problems, I intend to place the matter on the Consent Agenda for the July 6, 2004 Council meeting. ~~>'U~ PROPOSED RESOLUTION NO. 2004-XXX APPROVING SALARY SCHEDULE FOR FINANCE DIRECTOR BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the following annual salary and monthly longevity schedule for the Finance Director is hereby approved: Annual Salary January 1, 2003 Entrv 71,630 Monthly Longevity After 1 Year 73,620 After 5 Years 95 After 2 Years 75,610 After 3 Years 77,599 After 4 Years 79,589 After 10 Years 190 After 15 Years 285 After 20 Years 332 Adopted by the City Council this 6th day of July 2004. Diane F . Ward, City Clerk Jay Kimble, Mayor . . . . . CITY OF STILL WATER POSITION DESCRIPTION POSITION TITLE: Finance Director DEPARTMENT: Finance ACCOUNTABLE TO: City Administrator POSITIONS SUPERVISED: All Finance Staff FLSA STATUS: Exempt PRIMARY OBJECTIVE To plan, develop and implement sound financial and accounting policies, practices and controls which are in the best interest of the City. Interpret and communicate financial results ofthe City to the City Administrator and City Council. Advise City departments in managing their budgets effectively. ESSENTIAL FUNCTIONS Plans, develops and oversees the impleme~tation of effective accounting systems, controls and procedures. Responsible for all accounting and financial activities of the City and each TIF district to ensure conformance to generally accepted accounting principles, government accounting standards, and other mandatory reporting requirements. Major areas of responsibility include, but are not limited to, management of the accounting/finance functions for: payroll, accounts receivable, accounts payable, bond issues, investments, tax levies, TIF, annual audit, annual report, capital projects, revenues, contracts, budget and special assessments. Supervises, trains and reviews the work of the department employees for conformance to laws, regulations, policies and procedures governing assigned operations. Advise the City Administrator and City Council as to the financial status and financial needs of the City for past, present and future. Prepares the Comprehensive Annual Financial Report and submit to regulatory agencies. Assists the City Administrator in the preparation and presentation of the Annual Budget and related tax levy for the City. Counsels the City Council and other management staff with regard . to its preparation and interpretation. Analyze, interprets and communicates financial operating results for the information and guidance of the City Administrator and Council members. . Plan, develop and maintain the financial computer systems to implement changes in policy, procedures and laws. Prepare special reports, analysis and studies as requested. Projects needs for funding and meets with auditors and financial advisors, coordinates public improvement and bond issue activities. Directs and coordinates all aspects of financial reporting for ensuring compliance with State, Federal and County laws in a timely manner for the City and each TIF district. Review, research and recommend to the City Administrator and City Council financial actions due to federal, state or local legislative changes. Serves as the Deputy Treasurer for the City and assumes all statutory responsibilities of that position in the absence of the Treasurer. Prepares cash flow projections for the City and each TIF district and assist the City Administrator in making investment decisions to manage daily cash flows. Other duties as assigned or apparent. . QUALIFICATION REQUIREMENTS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. MINIMUM EDUCA nON AND EXPERIENCE Bachelor's degree in accounting, finance or a closely related field from an accredited college or university. Minimum of six years previous accounting experience required including four years of governmental accounting. Experience with a computerized accounting software system. Supervisory experience preferred. CPA or CPFO license preferred. . . KNOWLEDGE. ABILITIES AND SKILLS Thorough knowledge of the principles and practices of governmental accounting, budgeting and payroll administration. Thorough knowledge of municipal and state legal requirements concerning financial operations. Ability to develop, implement and maintain sound accounting systems and procedures. Ability to identify and make recommendations related to financial activities that enhance the financial position of the City or TIF district. Ability to plan, coordinate, direct and review work involved in varied financial and related activities. Ability to plan, assign, delegate and direct work of technical and clerical subordinates. Ability to analyze and interpret fiscal and accounting records. Prepare and analyze comprehensive financial statement and reports, and to recommend and administer financial policies. . Ability to speak and communicate clearly and to give effective presentations at public meetings. Ability to establish and maintain effective working relationships with department heads, other employees, public officials and the public. SPECIAL REOUIREMENTS None. TOOLS AND EOUIPMENT USED Personal computer, spreadsheet software, finance software, copy machine, fax machine and 10- key calculator. WORK ENVIRONMENT The work environment characteristics described here are representative of those employee encounters while performing the essential functions ofthis job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually quiet. . EXAMPLES OF PERFORMANCE CRITERIA . Establishes policies and procedures to remain current with Governmental Accounting Standards Board. Ability to work under pressure and meet required deadlines and schedules. Quality of services performed meet standards for accuracy and completeness. Improves efficiencies in the department. Establishes and maintain effective working relationships with department heads, other employees, public officials and the public. Handles difficult public contact in a professional manner. SELECTION GUIDELINES Formal application, rating of education and experience; oral interview and reference check; and job related tests may be required. The duties listed above are intended only as illustration of the various types of work that may be . performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or logical assignment to the position. The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change. July 6, 2004 . . . . ADMINISTRATION DEPT. FINANCE DEPT. CITY OF STILLWATER, MINNESOTA BOARDS AND COMMISSIONS Organizational Chart CITIZENS OF STILLWATER CITY COUNCIL CITY ADMINISTRATORI TREASURER COMMUNITY DEVELOPMENT DEPT. BUILDING INSPECTIONS DEPT. FIRE DEPT. ENGINEERING DEPT. CITY ATTORNEY ENGINEERINGI PUBLIC WORKS DEPT. POLICE DEPT. PUBLIC WORKS DEPT. RESOLUTION NO. 2004-139 APPROVING RECLASSIFICATION OF SHARON HARRISON AS FINANCE DIRECTOR BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the reclassification of Sharon Harrison, from and after July 1, 2004, as Finance Director for a probationary period of 12 months is hereby approved. As compensation for services, Sharon Harrison shall receive wages at the 1 Year Step and other benefits as specified in the agreement between the City of Stillwater and MN Teamsters Public and Law Enforcement Employee's Union, Local No. 320 Representing Stillwater Public Manager's Association. Approved this 6th day of July 2004. Jay L. Kimble, Mayor ATTEST: Larry D. Hansen, Acting City Clerk . . . . . . RESOLUTION NO. 2004-140 APPOINTING CITY TREASURER, DEPUTY TREASURER, AND ACTING TREASURER WHEREAS, Section 7.02 of the Stillwater City Charter provides that with regard to City officials, the administrative powers, authority and duties of the various City officials not otherwise provided for by the Charter shall be determined and assigned among such officials by the City Council; and WHEREAS, Section 7.05 ofthe City Charter provides that the City Council should have the power to create and discontinue offices and employments and provide the methods fulfilling them and prescribing the duties thereto as the needs of the City may require; and NOW THERFORE BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that effective July 1, 2004, the City Administrator, Larry D. Hansen be and is hereby appointed the City Treasurer; the Finance Director, Sharon Harrison be and is hereby appointed Deputy Treasurer to perform the functions and duties of the City Treasurer in the absence or incapacity of the City Treasurer; and the Director of Administration, Chantell Knauss be and is hereby appointed Acting City Treasurer to perform the functions and duties of the City Treasurer in the absence or incapacity of the City Treasurer and Deputy Treasurer. Adopted by the City Council this 6th day of July 2004. Jay Kimble, Mayor Larry D. Hansen, Acting City Clerk RESOLUTION NO. 2004-141 APPROVING SALARY SCHEDULE FOR FINANCE DIRECTOR BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the following annual salary and monthly longevity schedule for the Finance Director is hereby approved: Annual Salary After After After After Entrv 1 Year 2 Years 3 Years 4 Years January 1, 2003 71,630 73,620 75,610 77,599 79,589 Monthly Longevity After After After After 5 Years 10 Years 15 Years 20 Years 95 190 285 332 Adopted by the City Council this 6th day of July 2004. Jay Kimble, Mayor Larry D. Hansen, Acting City Clerk . . . . . . MEMO DATE: June 22, 2004 TO: Mayor and City Council FROM: Larry D. Hansen City Administrator RE: Fire Chief It has now been approximately four months since Chief Kallestad resigned his position as Fire Chief and I have given considerable thought on a recommendation for hiring his replacement. One option was to create a position of Public Safety Director and to appoint Police Chief Dauffenbach to the position. This had the advantage of utilizing an existing employee and would bring Chief Dauffenbach's strong personnel management skills to the Fire Department. Obviously, in order to do this, Chief Dauffenbach would have to receive an increase in compensation for the responsibility of two departments. This could place further upward pressure on all management salaries including mine. In addition, I fear that within a few years, Chief Dauffenbach will retire and this additional change in leadership in the Fire Department would be detrimental. A brief check of why some other cities have created a Public Safety Director position reveals that most situations are entirely unique and designed to take advantage of promoting existing personnel or creating an agent of change. I do not recommend the creation of a Public Safety Director position. Another option would be to conduct an outside search and recruitment process for the Fire Chief, as was done when Chief Kallestad was hired. The advantage to this is there are probably a lot of very qualified people who would apply. The disadvantage is that the person would likely be unknown to us and as an "outsider" may rekindle the controversy within the Department that was so prevalent during Chief Kallestad's tenure. It is my belief that the Fire Department is moving forward at an acceptable pace and the need for sudden or monumental change is unnecessary. A third option is to do an internal posting of the Chief s job. Acting Chief Stu Glaser has strong interest in the position. During the past four months as Acting Chief, he has shown a willingness and ability to tackle some fairly tough issues within the Department and in doing so, minimize the controversy. I am confident that Stu can do the job and with additional experience, he would likely grow with the position. In addition, there may also be other internal candidates, such as the Assistant Chiefs, who should be interviewed should they apply. This is a very important position for the City and requires that the Chiefhave exemplary firefighting/medical skills and training. And perhaps more . importantly, the Chief must have the educational background to handle a $1 million Department budget, the personnel issues that develop with 30 plus employees, and the leadership and public relations style demanded by our community. Although I feel strongly that Stu ,can do the job, by posting the position internally, we can make certain we are not overlooking anyone. In addition, this would allow Department staff an opportunity to talk with me or with members of Council about the position. The internal posting would not only provide the opportunity for all qualified employees to apply, but also confirm that whoever is eventually appointed as Fire Chief is the best person for the job. I would urge that the Council be involved in the process. If not the entire Council, then a minimum of two Councilmembers be selected to participate on an interview committee. Should any of you have any questions or concerns regarding this matter, please contact me. Barring any problems, I intend to place the matter on the Consent Agenda for the July 6, 2004 Council meeting. d~~ . . ..... , . LIST OF BILLS EXHIBIT" An TO RESOLUTION #2004-134 . Abbott Paint Abrahamson Nurseries Ace Rental Action Rental Advanced Sportswear Applied Microcomputer Systems Arcon Construction Co. Inc. Art Reach Alliance Aspen Mills AT & T Wireless AWl Diversified Bachman's Nursery Barr Engineering Company Carquest Catco Chris Amdahl Locksmith, Inc. City Engineers Association of MN Clark, Luann Comcasat County Materials Corporation Cub Curve Crest Villa Emergency Apparatus Express Photo EZ Sharp Fed Ex Fire Guard Forestry Suppliers, Inc. Fuhr Trenching Galles Corp. GCR Tire Center Gopher State One Call Greeder Electric GS Direct Hardwood Creek Lumber Harrison, Sharon Heritage Printing Hillyard Ice Skating Institute IIkka, Richard Attorney at Law Ikon Office Solutions Insight Integra International Code Council . Paint 2003 Streets, Willard Repair Supplies Concrete Trailer Rentals, Sod Cutter Uniforms, Adult Hockey Hydrocad Update North Hill Phase 2 Art Crawl Donation Uniforms Police, Parking & Fire Cell Phones Window Air Conditioner, Mezzanine Rail Trees for Bergmann Park & Creekside Park SW S1. Sewer Revision Terra Springs Equipment Repair Supplies Equipment Repair Supplies Service Call Membership Cleaning City Hall, Public Works Cable Adj. Ring Concession Supplies, Fire Grading Escrow Refunds Repair Air Conditioner 6108 Processing Skate Sharpener Supplies Freight Repair Air Compressor Paint & Supplies Repair Force Main Pine Street Weed Killer, Cleanser Tires Billable Tickets Repair Street Lights, Wiring , Gate XR Bond Hubs & Lath Mileage Hockey Flyers Chemicals ISI School Professional Service 'Maintenance Agreement Cable Telephone Annual Conference 69.86 1,800.00 700.94 584.70 533.25 205,00 187,148.05 2,000.00 1,191.84 415.39 2,305.00 3,058.41 1,084.88 242.83 269.92 71.20 60.00 587.49 78.27 340.80 35.93 4,750.00 1,656.75 56.53 288.24 13.06 430.00 120.60 1,794.89 1,223.39 61.75 591.10 2,260.00 52.75 223.65 47.25 180.20 296.56 895.00 80.00 469.88 166.87 1,111.83 350.00 EXHIBIT" A" TO RESOLUTION #2004-134 Interstate Battery System Jansens Cleaning Service Johnson Control Lakeview Hospital LMC Insurance Trust, Berkley Leisman, Mary Lockrem, Richard Magnuson Law Firm Matrix Communications, Inc. McDonald Home Building Menards Metro Fire Mid America Business Systems Midwest Children's Resource Center Midwest Teletron, Inc. Minnesota Commerce Dept. MN Department of Administration MN Dept of Transportation MPH Industries, Inc. Napa Auto Parts Nextel Northern Tool & Equipment Office Depot Olsen Companies Paul, Chris PC Solutions Positive Promotions Quill R & R Specialties Reeds Sales & Service Rivard Stone Incorporated River Valley Printing Rose Floral & Greenhouse, Inc. Russel, Steve St. Croix Boat & Packet St. Croix Recreation Co., Inc. Short Elliott Hendrickson, Inc. Shred-it Simplex Smith Filter Corporation SRF Consulting Group, Inc. State of MN Board of Electricity Stillwater Gazette Stillwater Lions Stork Page 2 Batteries Maintenance Agreement HVAC Chiller Repair Blood Draws Whistleblower Park Fee Refund, Overcharged Lofts of Stillwater Plan Review, Terra Springs Professional Service Equipment Repair Grading Escrow Refunds Repair Supplies Equipment Repair Scanner Video Headset, Beltclip, Clothing Clip Notary Public May 2004 Internet Usage Sign Supplies Equipment Repair Vehicle Repair Parts Cell Phones Equipment Repair Supplies Office Supplies Clamp Auto Parts Repair HP Laserjet 5, Maintenance Contract Misc. Merchandise Office Supplies Blade Grinds,Paint North Rink,Hydraulic Pump Hedge Trimmer Creekside Park Stones Adult Case File Jackets Bedding Plants, Friends Police Geving Parks Board Picnic Ice May 2004 Arena Billing Tot Seat Professional Service North Hill Document Shredding Fire Alarm Batteries HV AC Filters Rec Center Floodwall Design Study Inspection Certificate Books Publication Dues NH Sanitary & Water Phase II, 2003 Street ~ . . 198.99 400.00 752.00 40.00 500.00 15.00 2,142.00 11,136.08 232.50 6,000.00 686.12 181.15 8,809.89 20.00 102.56 40.00 140.83 119.16 157.39 45.01 229.07 631.70 877 .44 192.30 89.00 247.27 983.39 160.59 6,875.21 372.35 171.33 346.13 340.87 4.29 36,579.88 187.64 1,688.73 194.40 316.35 597.38 7,788.52 50.00 361.47 100.00 1,680.00 . . (J . . . .~ EXHIBIT" A" TO RESOLUTION #2004-134 Stripe - A - Lot Tacheny Roof Truck Utilities, Inc. United Rentals Vetsch, Sandra Viking Industrial Center Walmart Wells Fargo Wet Technology Inc. Winnick Supply Yocum Oil Zephyr Graf X MANUAL CHECKS JUNE 2004 Clarey's Safety Equipment Lind, Gladys Mainstream Development MN Zephyr Terra Springs, LLC US Postmaster Washington County Historical Washington County License Xcel ADDENDUM TO BILLS 10,000 Lakes Chapter of ICC AMEM American Payment Centers Heritage Printing Legislative Associates, Inc. Press Publications Qwest Stillwater Gazette Viking Sprinklers Xcel Page 3 Painting Crosswalks,Parking Lot,Arrows Overpayment Permit Ladder Rack Equipment Repair Supplies Investigator Clothing Allowance Repair Gas Monitor Supplies Paying Agent Fees Cooling Water Treatment Sewer Repair Supplies Fuel Hats Repair Fire Truck, Foam Payoff Land Purchase Agreement 1st Half 2004 TIF Easements North Hill Project Draw #1 Deed Grant July Newsletter Capital Outlay Bond 2003 HS Licenses Electricity, Gas Seminar Fall Training Conference Box Rental 3rd Quarter July Newsletter June 2004 Legislative Services Advertisement Human Rights Commission Telephone Advertisement Human Rights Commission Inspection Sprinkler System Electricity, Gas TOTAL 12,460.00 14.47 237.50 49.27 404.82 284.75 61.70 837.50 566.77 642.18 7,331.24 558.14 724.73 5,836.48 21,039.03 10,000.00 39,472.00 1,068.29 35,100.00 40.75 29,731.79 60.00 200.00 78.00 1,668.60 3,833.33 100.00 274.42 79.20 742.50 22,976.78 509,162.29 , ~ EXHIBIT" An TO RESOLUTION #2004-134 Page 4 . Adopted by the City Council this 6th Day of July, 2004 . . . . ., NOTICE OF INTENTION TO RECONVEY CITY LAND The Stillwater City Council proposes to reconvey to Washington County the west one-half (1/2) of Lot 3, Sunnyslope Lane according to the plat thereof now on file in the office of the County Recorder. This vacant parcel has been held as open space since it was acquired from Washington County as part of a tax forfeiture sale. Once the property is reconveyed, it will be available on the public auction for purchase by adjoining owners who have indicated an interest in extending their residential yard. Since the parcel is underutilized and cannot efficiently be maintained as a park, the City Council desires that a portion of the property be returned to the tax rolls and thereby be of benefit to the public. The City Council will conduct a public hearing on this proposal on Tuesday, July 6, 2004, and all persons desiring to be heard may testify. Written comments are invited. This summary is prepared pursuant to 9 16.02 of the City Charter. Summary approved by the City Council this 1 st day of June, 2004. Isl Jay L. Kimble, Mayor ATTEST: Isl Diane F. Ward, City Clerk Publish: Friday, June 4, 2004 Friday, June 11, 2004 Friday, June 18,2004 Friday, June 25, 2004 . . . :Memo DATE: July 6, 2004 TO: Mayor and City Council /'/ Chantell Knauss 4?/YlItU./YJ Director of Administration FROM: RE: 2004-2006 Firefighters Assoc. Labor AgreeI?ent Attached for your consideration is the final contract for the Stillwater Firefighters Association. The contract reflects no changes to the final offer the City Council authorized staff to make. The unit has already voted to ratify the contract for the term January 1, 2004-December 31, 2006. Recommendation Staff recommends the City Council adopt the Resolution approving the Labor Agreement between the City of Stillwater and the Stillwater Firefighters Association. . . . RESOLUTION 2004 -142 APPROVING 2004 -2006 LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND THE STILLWATER FIREFIGHTERS ASSOCIATION BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the 2004- 2006 Labor Agreement between the City of Stillwater and the Stillwater Firefighters Association, is hereby approved and the Mayor and appropriate City staff are directed to sign said Agreement. Adopted by the City Council this 6th day of July 2004. Jay Kimble, Mayor ATTEST: Larry D. Hansen, Acting City Clerk j . LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND THE STILLWATER FIREFIGHTER'S ASSOCIATION . . January 1, 2004 through December 31, 2006 Article II III III IV V VI VII VIII IX X XI XII XIII XIV XV XVI XVII XV III XIX XX TABLE OF CONTENTS . Page Pream ble. . . . . .. . . . . .. . .. . . . . . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . ... 1 Definitions. . . . ... . .. . .. .. . .. . . .. . .. . .. . .. . ... .. . .. . .. . .. . .. . .. . .. . . . .. . . . . . .. . .. . . . . .. . .. . ...1 Security.......... ........ ..... ......... ....................................................................... 1 Seniority............................................................. ......................................... 2 Sick Leave................................................................... ................................ 2 Insurance ...................... ...... ............................ ............................................ 4 Severance Pay......................... ................ ................................... ....... ......... 4 Holidays.................. ...... ................................................................ ............... 5 Vacations................ ........................ ... ......................................................... 5 Uniforms.................................................... ............. ............................. ........ 6 Hours of Employment... .............................................................................. 6 Residential Requirements......... .... .......... ....... ............................................. 6 Extra Compensation........................ ......... ..... ............................................. 7 Training........... .................................. ......... .... .................... ......................... 7 Wages.......... ........................................ ................. ...................................... 7 Rules and Regulations................................................... ............................. 8 Employee Rights - Grievance Procedure ...................................................8 Employer Authority. .... ........ ...... ......... .... ... .,. ..... ....... ..... .... ... ........ 11 Miscellaneous. . .. . .. . .. . .. . .. . .. . .. ... . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . ... 11 Duration. . .. . . . . .. . .. . .. . .. . . . . . . . .. . .. . .. . .. . .. . . . . .. . . . . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. .. 11 Waiver.. . . . .. . .. . " . .. ... ... . .. . ... .. ... . .. . ..... ... . .. . ... ... .. . ... .. ... . .. ... ... . .. . .., ... 11 . . . . . LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND THE STILLWATER FIREFIGHTER'S ASSOCIATION ARTICLE I PREAMBLE This contract entered into as of January 1, 2004 between the City of Stillwater, Washington, County, Minnesota, hereinafter referred to as the City and the Stillwater Firefighter's Association, hereinafter referred to as the Association, pursuant to and in compliance with the Public Employment Labor Relations Act of 1971, as amended, hereinafter referred to as the P.E.L.R.A., is to provide the terms and conditions of employment for Firefighter's during the duration of this contract. In accordance with the P.E.L.R.A., the City recognizes the Association as the exclusive representative of for the purposes of meeting and negotiating the terms and conditions of employment for all eligible personnel under Minnesota Statutes 179A. The Association shall have all those rights and duties as established by the P.E.L.R.A. and in the provisions of this contract. Job classes which are within the bargaining unit and covered by this Agreement as follows: full- time Fire Captain and full-time Firefighter/Engineer. ARTICLE II DEFINITIONS Section 1. Full-time Firefighter. A Firefighter regularly scheduled to work between forty (40) and fifty-six (56) hours per week. Section 2. Regularly scheduled employee. An employee working regularly scheduled hours as opposed to being part-time, on call or working when available, and having successfully completed the probationary period. ARTICLE III Section 1. SECURITY The Employer shall deduct from the wages of Employees who authorized such a deduction in writing an amount necessary to cover monthly Association dues and assessments. Such monies shall be remitted as directed in writing by the Association. Section 2. The Association may designate one (1) steward and one (1) alternate from the bargaining unit to act as stewards and shall inform the Employer in writing of such choices. Section 3. The Employer shall make space available on bulletin boards for posting Association notice( s) and announcement( s). Page 1 of 12 Section 4. Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 1. The Association agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provision of this Article. . SENIORITY Seniority shall be determined by the employee's length of continuous employment with the full-time fire department and posted in an appropriate location. Seniority rosters may be maintained by the fire chief on the basis of time in grade and time within specific classifications. All newly hired employees shall serve a probationary period of twelve (12) months from the effective date of hire. During the probationary period a newly hired or rehired employee may be discharged at the sole discretion of the employer. During the probationary period a promoted or reassigned employee may be replaced in their previous position at the sole discretion of the employer. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two (2) years of the time of their layoff before any new employee is hired. Recalled employees must report for work within twenty-one (21) working days from the date of the written notice or lose recall rights. Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job relevant qualifications of employees are equal. . Senior qualified employees shall be given shift assignments preference after eighteen (18) months of continuous full-time employment. One continuous vacation period shall be selected on the bases of seniority until March 1 st of each calendar year. ARTICLE IV SICK LEAVE All full-time employees shall, after a term of employment of one year, be qualified to receive payments on account of physical disability to work by reason of sickness. For the purpose of this contract, sickness shall include injury other than accidental injury arising out of and in the course of emplpyment by the City. Sickness benefits shall be as follows: a. If term of employment has been one year but less than two years; one week full pay. b. If term of employment has been 2 to 5 years - full pay 4 weeks; half pay 9 weeks. - Page 2 of 12 . Section 2. Section 3. . Section 4. Section 5. Section 6. e c. If term of employment has been 5 to 10 years - full pay 13 weeks; half pay 13 weeks. d. If term of employment has been 10 to 15 years - full pay 13 weeks; half pay 39 weeks. e. If term of employment has been 15 to 20 years - full pay 26 weeks; half pay 26 weeks. f. If term of employment has been 20 to 25 years - full pay 39 weeks; half pay 13 weeks. g. If term of employment has been 25 years or more - full pay 52 weeks. No disability benefits shall be paid for absences in excess of three consecutive days without a doctor's certificate as to sickness disability. Sickness disability benefits usage shall be subject to the following conditions: a. An employee may use the full entitlement only once annually. b. Any days used by an employee must be replaced at the following earning rate: employees shall earn sickness disability leave at the rate of two shifts for each month worked. c. Sickness disability leave time cannot be earned during the time an employee is on sick leave. Sick leave earned back shall be figured on a pro rate basis each month with no earn back of leave for that portion of sick leave used during the month. d. Sickness disability leave time shall be earned as a replacement for used leave time by only those employees who have utilized the benefit. Sick leave used last shall be replaced first. Any employee receiving Worker's Compensation benefits because of a job connected injury or sickness shall, if he assigns his check to the City, receive full wages for that period. Or, if any employee is receiving Worker's Compensation benefits and does not assign his check, he will be paid for the difference between the Worker's Compensation allowance and his regular weekly pay. Sick leave shall then be figured on a prorated basis with no deduction of leave being made for that portion of the employee's absence which is covered by Worker's Compensation insurance. Sick leave shall not be granted if the absence is due to an injury resulting from intoxication or from fighting. Sick leave will be suspended after benefits have been exhausted; however, an employee who has fulfilled all of the requirements for a vacation, which has not been taken, may request vacation pay during disability. After all sick leave benefits have been exhausted, any disabled employee may Page 3 of 12 Section 7. Section 8. Section 9. Section 1. Section 2. Section 1. apply in writing for an authorized leave of absence without pay; provided that the . period of such leave when added to the period during which benefits have been paid shall not exceed one (1) year. Such application shall be accomplished by a physician's certificate stating that such disabled employee has not been able to return to work. Upon return to active employment, the employee shall retain all accumulated service credit for time worked prior to his disability, but shall receive no service credit for the period of absence. For the purpose of this Article, the January 1st immediately preceding the Employee's anniversary date of employment shall be used to determine Employees term of employment. The sick leave schedule and usage for other than the normal forty (40) hour work week shall be converted to proportionately equivalent time units. Family Medical Leave Act (FMLA) will be administered in accordance with City policy. ARTICLE V INSURANCE Effective January 1, 2004, the Employer will contribute up to Five hundred Ninety-nine dollars and eighty-two cents ($599.82) per month per employee toward group health and long-term disability insurance including dependent coverage. Effective January 1, 2005, the Employer will increase the monthly contribution by Fifty Percent (50%) of the increase in premium. Effective January 1, 2006, the Employer will increase the monthly contribution by Fifty Percent (50%) of the increase in premium. The Employer shall provide and pay for a twenty thousand dollar ($20,000.00) term life insurance policy for each full-time employee. ARTICLE VI SEVERANCE PAY One-half of unused disability benefits shall be granted as severance pay upon retirement due to age or physical disability to employee having completed not less than ten years of service with the City, but in no event shall severance pay exceed an amount equal to one (100) days pay. In the event of death while still employed, the surviving spouse, if any, or if no surviving spouse, minor children, if any, shall be entitled to such severance pay in the same amount as though such employee has retired due to age or physical disability, as above provided, but in no event shall such death benefit exceed sixth (60) days of full pay. Page 4 of 12 . . . Section 1. Section 2. Section 3. Section 4. Section 5. Section 1. ARTICLE VII HOLIDAYS Employees shall be entitled to eleven (11) paid holidays per year. Holiday pay shall be made the first day of the month of December of each year. Holiday pay shall be 11.2 hours per holiday based on a 24-hour work shift. Holiday pay shall accrue on the January 1 immediately preceding the anniversary date of employment. Immediately preceding the 1 st anniversary date of employment the employee shall be entitled to one additional floating holiday without holiday pay. ARTICLE VIII V ACA TIONS Permanent employees shall be entitled to vacations according to the following schedule: Page 5 of 12 up to 15 years . of service After 15 years of service Section 2. Section 3. Section 4. Section 5. Section 1. Section 1. Section 2. Section 1. fjfteen shifts one additional day per year of service up to twenty years for a maximum of 25 days The vacation schedule and usage for other than a forty (40) or a fifty-six (56) hour work week shall be converted to proportionately equivalent time units. Employees shall take vacations in units of not less than one week's duration unless authorized by the appropriate fire department supervisor. For the purpose of this Article, January 1 st immediately preceding the Employee's anniversary date of employment shall be used to determine employee's term of employment. Vacation time not to exceed 80 hours or proportionately equivalent shifts may be used in the following calendar year unless authorized by department supervisor. Vacation in excess of the allowable amount shall be paid on the second payday in January at the rate of pay in effect at the end of the previous year. ARTICLE IX . UNIFORMS The City shall provide required uniform articles and equipment. ARTICLE X HOURS OF EMPLOYMENT The authority to schedule full-time firefighters is the City. Work shifts established by the City shall be between eight (8) and twenty-four (24) hours in length. The authority to schedule part-time firefighters is the City. Part-time employees will work schedules as directed by the City. ARTICLE XI RESIDENTIAL REQUIREMENTS Employees hired after January 1, 1996 shall establish a permanent, bonafide residence which requires not more than fifteen (15) minutes of driving time from the residence to employment at speeds not in excess of posted limits, serviced by all weather roads. . Page 6 of 12 . ARTICLE XII EXTRA COMPENSATION Section 1. Regularly scheduled employees shall be compensated in excess of their regular pay for callbacks, filling in for employees on vacation or sick leave, filling in for employees away at training schools or other duty outside their normal shifts. Extra compensation for filling in for absent employees shall be on a daily basis computed by dividing the monthly pay by the number of days worked. Other extra duty shall be paid as follows: a. For callback and filling in for employees away at training schools, the compensation shall be at time and one-half with two hour minimum guarantee. Any additional time worked beyond the second hour shall be calculated on the one half-hour. b. For extra duty at the fire station (night duty), Five dollars ($5) for each night. c. Employees requesting in writing to the employer to receive compensatory time off in lieu of paid over-time as established in Section 1. (b) of this Article shall be allowed such compensatory time of at a time that is mutually acceptable between the employee and employer. Any compensatory time not taken off by December 31 of each calendar year shall be paid off by that date unless employer allows the time to be carried over to the next year. . d. Callback hours shall not be pyramided, compounded or paid twice for the same hours paid. ARTICLE XIII TRAINING Section 1. City will provide all training required by the City at the City's expense. ARTICLE XIV WAGES Section 1. The following wage schedule shall apply: Effective: Januarv 1. 2004 Januarv 1. 2005 Januarv 1. 2006 Start Six months to one year One year to two years Two years to three years Three years Captain $3,660 $3,730 $3,960 $4,010 $4,078 $4,365 $3,762 $3,832 $4,062 $4,112 $4,180 $4,474 $3,887 $3,957 $4,187 $4,237 $4,305 $4,608 . Page 7 of 12 Section 2. Section 3. Section 4. Section 5. Section 1. Section 1. Section 2. Section 3. The average work year is 2912 hours for employees whose schedule provides for 24 hour shifts, which shall average 56 hours per week 3 hours of which is compensated at one and one-half times the hourly rate in accordance with the Federal Fair Labor Standards Act. Over time for shifts of less than 24 hours shall be paid pursuant to the Fair Labor Standards Act. . The employees shall be paid a monthly longevity bonus according to the following longevity pay schedule: Effective: After 5 years of employment After 10 years of employment After 15 years of employment After 20 years of employment January 1. 2002 $ 72 $144 $216 $260 If an employee becomes eligible to receive longevity pay for only a portion of a month, the 15th of the month shall be used as a cut~off date to determine the amount of longevity pay to be received for the month. If an employee becomes eligible on or prior to the 15th, the employee shall receive the full amount whereas eligibility after the 15th shall result in one-half of amount. Full-time Employees shall be paid 26 paydays per year. Compensation for extra duty shall be computed atthe end of each pay period. ARTICLE XV . RULES AND REGULATIONS Rules and regulations goveming the Department of Public Safety shall govern the conduct of the Fire Department employees and shall be the determining cause for suspension of an employee or termination of this employment. ARTICLE XVI EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE Definition of a Grievance. A grievance is defined as a disagreement as to the interpretation or application of the specific terms and conditions of this contract. Association Reoresentatives. The City will recognize representatives designated by the Association as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Association shall notify the City in writing of the names of such Association Representatives and of their successors when so designated as provided by this contract. Processinq of a Grievance. It is recognized and accepted by the Association and the City that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and an . Page 8 of 12 . Section 4. . . Association Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the employer during normal working hours provided that the employee and the Association Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the employer. Procedure. Grievances as defined in Section 15.1 shall be resolved in conformance with the following procedures: a. An employee claiming a violation concerning the interpretation or application of this contract shall, within 21 calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the employer. The employer-designated representative will discuss and give an answer to such Step 1 grievance within 10 calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the contract allegedly violated, the remedy requested and shall be appealed to Step 2 within ten calendar days after the employer designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Association within 10 calendar days shall be considered waived. e. If appealed, the written grievance shall be presented by Association and discussed with the employer designated Step 2 representative. The Employer designated representative shall give the Association the Employer's Step 2 answer in writing within 10 calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer designated representative's final Step 2 answer. Any grievance not appealed in writing to step 3 by the Association within ten (10) calendar days shall be considered waived. f. If appealed, the written grievance shall be presented by the Association and discussed with the Employer designated Step 3 representative. The Employer designated representative shall give the Association the Employers answer in writing within 10 calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within 10 calendar days following the employer designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Association within 10 calendar days shall be considered waived. g. If, as a result of the written EMPLOYER response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article XVI or a procedure such as: Civil Service, Veterans' Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article XVI the grievance is not subject to the arbitration procedure as provided in Step 4 of Article XVI. The aggrieved employee shall indication in writing which procedure is to be utilized - Step 4 of Article XVI or another appeal procedure - and shall sign a Page 9 of 12 Section 5. Section 6. statement to the effect that the choice of any other hearing precludes the . employee from making a subsequent appeal through Step 4 of Article XVI. h. A grievance unresolved in Step 3 and appealed to Step 4 by the Association shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances", as established by the Public Employment Relations Board. Arbitrator's Authoritv a. The arbitrator shall not have the right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this agreement. The arbitrator shall consider and decide only the specific issue( s) submitted In writing by the Employer and Association and shall have no authority to make a decision on any other issue riot so submitted. b. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the transmission of briefs by the parties, whichever is later, unless the parties agree to the extension. The decision shall be binding on both the Employer and the Association and shall be based solely on the arbitrator's interpretation or application of the express terms of the agreement and to the facts of the grievance presented. . d. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Association provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record ofthe proceedings the cost shall be shared equally. Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of Employer's last answer. If the Employer does not answer a grievance or and appeal thereof within the specified time limits, the Association may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Association in each step. . Page 10 of 12 . . . Section 1. Section 1. Section 1. Section 1. Section 2. ARTICLE XVII EMPLOYER AUTHORITY The Employer retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this Agreement. Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the employer to modify, establish, or eliminate. ARTICLE XVIII MISCELLANEOUS Part-time employees will not be eligible for any benefits under this agreement. ARTICLE XIX DURATION This agreement shall remain in full force and effect for a period commencing January 1, 2004 through December 31, 2006. In the event a new agreement is not in effect on January 1, 2007, all compensation, working conditions and benefits shall remain in effect as set forth in this agreement until a successor agreement is effected. ARTICLE XX WAIVER Any, all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this agreement, are hereby superseded. The parties mutually acknowledge that during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition or employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this agreement for the stipulated duration of this agreement. The employer and the union each voluntarily and unqualifiedly waives the right to meet and negotiate any and all terms and conditions of employment referred to or covered in the agreement or with respect to any term or condition of employment not specifically referred to or covered by this agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. Page 11 of 12 IN WITNESS WHEREOF, the parties hereto have set their hands this 6th day of July 2004. FOR THE ASSOCIATION: FOR THE CITY OF STILLWATER: President Mayor City Administrator/Acting City Clerk Page 12 of 12 . . . .~ , . STATE OF MINNESOTA CITY OF STILLWATER COUNTY OF WASHINGTON BEFORE THE CITY COUNCIL In Re: The Appeal of Modification of Special Use Permit Case No. V/04-39 FINDINGS OF FACT CONCLUSIONS AND ORDER The City Council convened the Hearing on June 15, 2004 at the Council Chambers in City Hall on the Appeal of Paul E. and S. Judith Lacy ("Appellants") of the Planning Commission's decision approving modification of an existing Special Use Permit to operate a Bed and Breakfast Facility ("B&B") within the RB Residential District. The matter was before the Council on an appeal filed and perfected by Appellants of a Planning Commission decision . allowing a change in the approved lighting plan for the B&B. At the Hearing, the City Council considered the report of Steve Russell, the City Community Development Director, testimony and exhibits submitted by the Applicant, the minutes of the Planning Commission meeting of May 10, 2004, maps of the property in question, testimony from the owners of the B&B, the testimony of neighbors, and testimony of Appellants, and the Planning file prepared by City Staff for the Application and for this Appeal. NOW, THEREFORE, based upon the documents that have been made a part of this file, upon the testimony of all those who offered it, and upon all the files, records and proceedings herein, the City Council makes the following: FINDINGS OF FACT 1. Due to a complaint from a neighbor and concern for the safety of the guests, the . Applicants asked to revise their lighting plan. 2. The new plan eliminates the three tall Victorian-style post lamps. 3. The lights proposed are eight, downlit low-voltage fixtures that would light the paved walkway from the parking area to the front entrance of the Inn. 4. Plantings around the light fixtures will partially obscure them. (A copy of the fixture is attached). 5. The approved plan called for two lights on the grapery structure, and the Applicants have reduced the number to one, and the light will be concealed within the roof. 6. There will also be four lights for the handicapped-accessible room in the carriage house, and they will be controlled by motion detector sensor. 7. In close proximity to the sidewalk, inside the grapery, is a fountain. It is lit with a low voltage light bulb. It helps light the sidewalk in that area. If it is not used, another light fixture will be needed for the walkway. 8. There is a light on the east side of the carriage house, used by the guests and the innkeeper, who resides on the first floor of the carriage house. This light is out of view of the neighbor. It also provides adequate light for the parking area. CONCLUSION OF LAW 1. This matter was properly before the City Council pursuant to the appeal procedure set forth in the City Code. 2. That City Council action is necessary for the preservation and enjoyment of the property rights of the Owners in a historically recognized structure. 3. The protection ofthese rights would not constitute a special privilege. 4. That based upon the entire record, an amendment to the Special Permit would not be a substantial detriment to adjacent property and will not impair the purpose of the Zoning Ordinance or adversely affect the comprehensive plan. - 2 - '-. ~ . . . / -, . . . 5. That in order to protect the health, safety and welfare of the community, it is appropriate that the amendment to the Special Permit for the B&B be subject to compliance with the following conditions: (a) All revisions to the approved plan shall be reviewed and approved by the Heritage Preservation Commission. (b) Number 16 of SUP/04-02 shall state: All external lighting will be maintained at the lowest wattage feasible to allow guests safe access from the parking area to the front entrance of the Inn. Additionally, approved lighting may remain on to adequately illuminate the carriage house entrances. (c) A color schematic drawing shall be submitted showing proposed lighting. (d) The attached lighting fixture type shown as a part of the application is incorporated in the plan approval 12 volt 40 watt and 12 volt 7 watt. ORDER IT IS HEREBY ORDERED 1. The appeal is hereby denied. 2. That the Community Development Director is directed to prepare an appropriate amendment to the Special Use Permit for the property and is authorized to issue an amended permit forthwith. The permit must include the conditions set forth in these findings and, where not inconsistent, those conditions set forth in the Report of Steve Russell, dated January 29, 2004. Adopted by unanimous vote of the City Council this 6th day of July, 2004. CITY OF STILL WATER Jay L. Kimble, Mayor ATTEST: Diane F. Ward, Clerk -3- "'" \ . A RESOLUTION APPROVING AND ADOPTING THE FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER JUSTIFYING DECISION RELATING TO THE DECISION ON A THE APPEAL OF MODIFICATION OF A SPECIAL USE PERMIT CASE NO. V/04-39 WHEREAS, based upon direction given by the City Council, the City Attorney has drafted Findings of Fact, Conclusions of Law and Order justifying decision on the appeal of modification of Special Use Permit, Case No. V/04-39, and WHEREAS, the City Council has give full consideration to all the evidence presented and due consideration, resolves as follows: 1. That the Findings of Fact, Conclusions of Law and Order attached hereto as Exhibit "A" regarding justifying decision on the appeal of medication of the Special Use Permit are accepted and adopted. Adopted by Council this 6th day of July 2004. Jay L. Kimble, Mayor . Attest: Larry D. Hansen, Acting City Clerk . 4 ;1 . . . Memo To: From: Date: Subject: Mayor and City Council Steve Russell, Community Development Director V June 28, 2004 Teddy Bear Park Review In October of 2003, the City Council received a presentation on concept park plans for the old Gordon site located at the corner of Second and Nelson Streets. The plans have changed somewhat since that time as described in the attached park plan and description. The park remains designed for three younger children age groups up to 7 years old and includes play areas, gazebo and an amphitheater. The playground name and theme of the park is Teddy Bear Park. Three large teddy bears (Momma and babies as sculptures) will be located adjacent the children play area. Park improvements include play structures, possible climbing wall, amphitheater, trails, landscaping, restroom enclosures and lighting. Once the park is improved, it will be given to the City for operation. Fencing will be provided to close the park at night and in the winter. The park plans have previously been presented to the Planning Commission, Parks Board and Heritage Preservation Commission. Park construction is scheduled to begin this year and be completed next Summer. Recommendation: Approval of plans. Attachments: Plan description and plan. ~, \ t__loiJec( ARCHITECTS . DATE: 6/'6/ () c;- TO: ~ ~c;.Se...\\" .~:~4"~~ TRANSMITTAL FROM:~ \~ PROJECT NUMBER: RE: -r ~J'1 beN r~ \c WE ARE SENDING: ~ ATTACHED o UNDER SEPARATE COVER SENT VIA: o FAX NUMBER: PAGES, INCL COVER: 0 ORIGINALS 0 REPRODUCTIONS 0 SUBMITTALS 0 OTHER: 0 MESSENGER: . 0 DELIVERY: 0 FIRST CLASS MAIL COPIES DATE DESCRIPTION \ ~y~~~ ~r 1 7~\<--pLv-- REMARKS: :.J ~ dlt?'rtl~ h fM~ ~()tH..J ~C.~ ~C" COPIES TO: . 1409 willow street minneapolis, mn 55403 612 .871 · 7979 fax: 871 · 8088 .I .. . U,lJDY BEAR PARK Revised plan for a new Stillwater park June 8, 2004 Concept The overall design ,intent of Teddy Bear Park isto have it relate to and connect with the unique.. . architectural history and landscape character of Stillwater. Most of Stillwater's histori* buildings date froin the Victorian era and one can see this in the historic homes on the south hill as well as commercial . buildings in the downtown area. The Victorian style will predominate the appearance of the Park. However, the goal is to create a park that is attractive both because of its Victorian features and because it accommodates interesting, entertaining, and relaxing activities for parents and children. Location The New Stillwater Park is located southeast of the corner of South 2nd Street and Nelson Street consisting of 0.41 acres. The entrance is from the corner of the intersection and connected by crosswalks to the existing public parking lot on the west side of 2nd Street. Description The park will prominently feature a grouping of granite "Teddy Bear'~ sculptures of a mother bear and cub, and two other cubs in various play situations. The park also provides sitting areas and themed play equipment for three age groups in three areas consisting of: . . Infants and toddler play area for 0 - 3 years old of750 square feet. This space, the first in the sequence will have one of the cubs located in this area. . Preschool play area for 4 - 5 years old of 900 square feet. This area is a sand lot with individual play events, including a climbing web. . . School-age play area for 6 -7 years old of2,100 square feet.This area includes a variety of climbing, tunneling, and sliding equipment. The play area might also have a climbing rock that blends in with the natural stone on the bluff.. . "" All of the playground areas and equipment will be age appropriate, ADA accessible, and have shock- absorbing surfaces and safety buffer zones. Discussions with various play equipment and themescape companies are currently underway. The park has an accessible terraced amphitheatre seating up to 80 persons (with wheelchairlocations) that is reached from a central pathway and defined by low stonewalls. A gazebo is located at a central point where parents could sit and overview the playgrounds, along with two other sun protected sitting areas. Near the entrance an enclosure provides a location for a portable ADA accessible unisex chemical toilet and a bicycle rack. The wall of the enclosure will have the name of the park on the outside facing Nelson Street. The edge of the park along Nelson Street has stone faced retaining walls thifstep up creating planting areas for a potential Rose Garden. A future stair location is shown for a possible future conn~ction "to Nelson Street toward the downtown. Pathways will be patterned concrete thatlooksimilar."to Victorian parks, but also discourage skateboarding. Twelve-foot high, four-arm Victorian style light fixtures, benches and. trash receptacles also contribute to the park character. A fence will secure the perimeter of the park with a gate at the entrance. Schedule The goal is to begin construction of the Park in the summer of 2004 and open in the summer of 2005. The." granite bear sculptures, however, will not be installed until late in 2005. . Funding The Park is being designed and constructed by a private family and to be given to the City of Stillwater as a gift. . EAST NELSON STREET "~~ . -- TeOOY BEAR PARK anu.WATER, MNEaCn"A thorbeck ARCHITECTI 14OtwllDw...... "*'"-Poll. 1m S$IQS tit 112.871.7871 fIDe '12.171.8l1li - - 'l1J.S --.. 1CW.I_".!lMI"IWN om 10704 I I I I I 1\ I \ I .\ -~, I I~. .. ;-l~ 7 ,W ~~~~ I I (1'\ PROPOSED SITE PLAN l ~ -- I --- .~, . . I NOTFOR I CONSTRUCllON - ~=:.:~_. .: - SITE PlAN ....... A1 - ~ P'IlIO.RfIlO. 758 . . ~ .' ,~ .. /. . . . Memo To: From: Date: Subject: Mayor and City Council n / Steve Russell, Community Development Director IV' June 28, 2004 CDBG North Hill Housing rehabilitation Program Grant Agreement with Washington County Background. For the past three years, the City has applied for, received and set aside CDBG Funds for the North Hill Improvement Project. Approximately $280,000 has been collected for the program. The money will be used to provide rehabilitation assistance (water and sewer connections) to low and moderate income households. The attached contract is the official agreement with Washington County that effectuates the program. Recommendation: Approval of agreement (resolution). ~ . Community Development Block Grant Program Subgrantee Agreement between Washington County and the City of Stillwater . This Agreement is made and entered into this first day of July, 2004 in furtherance of the requirements of the Federal Community Development Block Grant (CDBG) Program by and between Washington County, hereinafter referred to as the "Grantee, "and the City of Stillwater, hereinafter referred to as the "Subgrantee. " WHEREAS, the Grantee is the administering agency for funds received from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, to Washington County as an Urban Entitlement County under the Community Development Block Grant (CDBG) Program; and WHEREAS, the Grantee wishes to engage the Subgrantee to assist the Grantee in utilizing such funds; and WHEREAS, the Subgrantee wishes to implement a project known as The North Hill Improvements utilizing $281,424.26 ofCDBG funds. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Grantee and Subgrantee agree as follows: 1. Term. Services of the Subgrantee shall start on the first day of July 2004 and end on the last day of December 2005. 2. Commencement and Termination of Proiects,. Upon release of project-related funds by the U.S. Department of Housing and Urban Develvpment (HUD), pursuant to federal regulations, the Grantee shall furnish the Subgrantee with written notice to proceed. No work on the vtolect shall occur nrior to the notice to vroceed without written avvroval from the Grantee. Costs incurred after the termination date will not be reimbursed. The termination date may be changed through amendment of this Agreement. . 3. National Obiectives. The Subgrantee certifies that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's national objectives, as defined in 24 CFR part 570.208, including: (1) benefit low and moderate income persons; (2) aid in the prevention or elimination of slums and blight; and (3) meet community development needs having a particular urgency. 4. Federal and Local Proi!ram Comoliance,. The Subgrantee agrees to comply with the Housing and Community Development Act of 1974, Public Law 93-383 as amended, and Implementing Regulations at 24 CPR part 570. The Subgrantee agrees to perform all the tasks enumerated below in a manner that will meet or exceed the terms and conditions imposed upon the Grantee in administering the CDBG program and ensure program compliance with applicable Federal regulations: 4.1 Citizen Particivation. Comply with all HUD citizen participation requirements (24 CFR 570). 4.2 Procurement Standards. In awarding contracts pursuantto this Agreement, the Subgrantee shall comply with all applicable requirements of local and state law for awarding contracts, including but not limited to procedures for competitive bidding, contractor's bonds, and retained percentages. In . addition, the Subgrantee shall comply with the requirements of the U.S. Office of Management and Budget Circular A -102 or A -110 as appropriate, relating to bonding, insurance and procurement standards; with Executive Order 11246 regarding nondiscrimination bid conditions for projects 1 . over Ten Thousand dollars ($10,000.00); and with HOD procurement requirements, as described in 24 CFR part 85.36. Where federal standards differ from local or state standards, the stricter standards shall apply. 4.3 Environmental Review. 4.3.a National Environmental Policv Act. The Grantee retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act as implemented by HOD Environmental Review Procedures (24 CFR part 58). The Grantee may require the Subgrantee to furnish data, information and assistance for the Grantee's review and assessment in determining whether an Environmental Impact Statement must be prepared. 4.3.b State Environmental Policy Act. Subgrantees that are branches of government under Minnesota Law retain responsibility for fulfilling the requirement of the State Law regarding environmental policy and conservation, and regulations and ordinances adopted thereunder. Ifthe agency is not a branch of government under Minnesota Law, the Grantee may require the agency to furnish data, information and assistance as necessary to enable the Grantee to comply with the State Environmental Policy Act. 4.3.c Satisfaction of Environmental Requirements. Project execution under this Agreement by either the Grantee or the Subgrantee shall not proceed until satisfaction of all applicable requirements of the National and State Environmental Policy Acts. A written notice to proceed will not be issued by the Grantee until all such requirements have been met. . 4.4 Non-Discrimination. The Subgrantee shall comply with all federal, state and local laws prohibiting discrimination on the basis of age, sex, sexual orientation, marital status, race, creed, color, national origin, or the presence of any sensory, mental or physical handicap or any other basis now or hereafter prohibited by Law. These requirements are specified in Section 109 of the Housing and Community Development Act of 1974; Civil Rights Act of 1964, Title VI; Civil Rights Act of 1964, Title VII; Executive Orders 11063 and 11246; and Section 3 of the Housing and Urban Development Act of 1968. Specifically, the Agency is prohibited from taking any discriminatory actions defined in the HOD Regulations at 24CFR 570.602 Section 109 and shall take such affirmative and corrective actions as are required by the Regulations at CFR 570.602. These requirements are summarized in the following paragraphs: 4.4.a Prol!ram Benefit. The Subgrantee shall not discriminate against any resident of the project service area by denying benefit from or participation in any block grant funded activity on the basis of race, color, sex, sexual orientation, or national origin. (Civil Rights Act of 1964, Title VI; Civil Rights Act of 1964, Title VII; Section 109, Housing and Community Development Act of 1974) 4.4.b Fair Housing. The Subgrantee shall take necessary and appropriate actions to prevent discrimination in federally assisted housing and lending practices related to loans insured or guaranteed by the federal government. (Civil Rights Act of 1964; Executive Order 11063) . 4.4.c Emnlovment. The Subgrantee shall ensure that compliance with Section 3 of the Housing and Community Development Act Women and Minority Business requirements, Federal Equal Employment Opportunity Act, Executive Orders, and Civil rights Act of 1964, is maintained. 2 (1) In all solicitation under this Agreement, the Subgrantee shall state that all qualified applicants will be considered for employment. The words "equal opportunity . employer" in advertisements shall constitute compliance with this section. . (2) The Subgrantee shall not discriminate against an employee or applicant for employment in connection with this Agreement because of age, marital status, race, creed, color, national origin, or the presence of any sensory, mental or physical handicap, except when there is a bona fide occupational limitation. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of payor other forms of compensation, and selection for training. (Executive Order 11246, as amended. ) (3) To the greatest extent feasible, the Subgrantee shall provide training and employment opportunities for lower income residents within the area served by block grant assisted projects. (Section 3, Housing and Community Development Act of 1968, as amended) 4.4.d Contractors and SUDDliers. (1) No contractor, subcontractor, union or vendor engaged in any activity under this Agreement shall discriminate in the sale of materials, equipment or labor on the basis of age, sex, sexual orientation, marital status, race, creed, color, national origin, or the presence of any sensory, mental, or physical handicap. Such practices include upgrading, demotion recruiting, transfer, layoff, termination, pay rate, and advertisement for employment. (Executive Order 11246, as amended) (2) All firms and organizations described above shall, upon request, be required to submit to the Subgrantee certificates of compliance demonstrating that they have, in fact, complied with the foregoing provisions, provided that certificates of compliance shall not be required from finns and organizations on contracts and/or yearly sales of less than $10,000. . (3) To the greatest extent feasible, the Subgrantee shall purchase supplies and services for activities under this Agreement from vendors and contractors whose businesses are located in the area served by block grant funded activities or owned in substantial part by project area residents. (Section 3, Housing and COl11Illunity Development Act of 1968, as amended) 4.4.e Notice. The Subgrantee shall include the provisions of the appropriate preceding subsections a, b, c and d of this section in every contract or purchase order for goods and services under this Agreement and shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the said labor union or worker's representative of the commitments made in these subsections. In advertising for employees, goods or services for activities under this Agreement, the Subgrantee shall utilize minority publications in addition to publications of general circulation. 4.5 Labor Standards. 4.5.a The Subgrantee shall request wage determination from the Grantee or HOD on all projects in which Davis-Bacon requirements apply. The Subgrantee shall require that project construction contractors and subcontractors pay their laborers and mechanics at wage rates in accordance with the Davis-Bacon Act, as amended (40 USC Sections 327-333) and the . 3 . Regulations at 24 CFR part 42 and 49 CFR part 24, provided that this section shall not apply to rehabilitation or residential property designed for residential use by fewer than eight families. 4.5.b A copy of the current Davis-Bacon wage rate and HUD forms 4010 and 92010 must be included in all construction bid specs and contracts over Two Thousand ($2,000.00) dollars. 4.5.c The Subgrantee shall conduct all preconstruction conferences to ensure contractors and subcontractors are aware of Davis-Bacon requirements and how to comply. 4.5.d The Subgrantee shall review all required reports and forms submitted by contractors in all CDBG projects in the jurisdiction of the Subgrantee. 4.6 ProDertv Management. The Subgrantee agrees that any non expendable personal property, purchased wholly or in part with CDBG funds at a cost of Five\ Hundred ($500.00) dollars or more per item, is upon its purchase or receipt the property of the Grantee and/or Federal government. Final ownership and disposition of such property shall be determined under the provisions of the U.S. Office of Management and Budget Circular A-102 or A-110 as appropriate. 4.7 Acauisition and Relocation. 4.7.a Any acquisition of real property for any activity assisted under this Agreement shall comply with Title III of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (hereinafter referred to as the Uniform Act) (42 USC section 4601) and the Regulations at 24 CFR part 42. . 4.7.b Any displacement of persons, business, nonprofit organizations or farms as the result of acquisition of real property assisted under this Agreement shall comply with Title n of the Uniform Act as amended by the Uniform Relocation Act as amended by Title IV of the Surface Transportation and Uniform Relocation Assistance Act as amended (Pub. L. 100- 17, 101 Stat. 246-256) and the Regulations at 49 CFR part 24. The Subgrantee shall comply with the Regulations pertaining to costs of relocation and written policies, as specified by 24 CFR 570.606(a) and (b). 4.7.c In any activity assisted under this Agreement which results in demolition or conversion to another use of low/moderate income housing, the Subgrantee will follow the requirements set forth in the revised section 104(d) of the Housing and Community Development Act of 1974, as amended and implementing regulations. 4.8 Historic Preservation. The Subgrantee shall comply with the requirements of the National Historic Preservation Act of 1966 (16 USC 470 et seq.) as amended, Public Law 89-665, the Archeological and Historic Preservation Act of 1974 (Pub. L. 93-291) and Executive Order 11593, including the procedures prescribed by the Advisory Council on Historic Preservation in the Regulations at 36 CFR part 800 (16 USC 469 et seq.). The Subgrantee shall comply with the Federal historic preservation regulations including 36 CFR part 800 and the Reservoir Salvage Act of 1960 as amended by the Archaeological and Historic Preservation Act of 1974 (16 USC 469 et seq.) Activities affecting property listed in or found to be eligible for inclusion in the National Register of Historic Places will be subject to requirements set forth in HUD Environmental Review Procedures at 24 CFR part 58. . 4.9 Architectural Barriers. Any facility constructed pursuant to this Agreement shall comply with design requirements ofthe Architectural Barriers Act of 1968 (42 USC section 4151 et seq. and 24 CFR 40 et seq.) 4 4.10 Nonparticipation in Political Activitie~. The Subgrantee shall comply with the provisions of the Hatch Act (5 USC Chapter 15). . 4.11 Conditions for Reli!!ious Or!!anizations. The Subgrantee agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CPR 570.2000). 4.12 Floodolain Mana!!ement and Wetland Protection. The Subgrantee shall comply with Executive Order 11988 and HOD regulations 24 CPR 55 regarding floodplain management. The Subgrantee shall also comply with Executive Order 11990 and the regulations at 3 CPR, particularly sections 2 and 5, regarding protection of wetlands. 4.13 National Flood Insurance. The Subgrantee may not receive CDBG funding for acquisition or construction for use in any area that has been identified as having special flood hazards and is not participating in the National Flood Insurance Program, as provided by Section 3(a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234) and the Regulations thereunder (24 CPR 58.6). The Subgrantee shall comply with the regulations at 24 CPR 570.605. 4.14 Air and Water Pollution. The Subgrantee shall comply with the provisions of the Clean Air Act (42 USC section 1857 et seq.) as amended, and the Federal Water Pollution Control Act (33 USC sections 1251 et seq.) as amended, and the regulations issued thereunder (40 CPR part 15). 4.15 Lead-Based Paint Poisoning. The Subgrantee shall comply with the HOD Lead-Based Paint regulations (24 CPR part 35) issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 USC Sections 4831 et seq.) requiring: (1) prohibition ofthe use oflead-basedpaint (whenever funds under this Agreement are used directly or indirectly for construction, rehabilitation, or modemization of residential structures); (2) elimination of immediate lead-based paint hazards in residential structures; and (3) notification of the hazards of lead-based paint poisoning to purchasers and tenants of residential structures constructed prior to 1978. . 4.16 Sole Source Aouifers. The Subgrantee shall comply with the Safe Drinking Water Act of 1974 (42 USC 201, 300(f) et seq. and 21 USC 349) as amended and Sole Source Aquifers regulations (40 CPR part 149). 4.17 Endangered Species. The Subgrantee shall comply with the Endangered Species Act of 1973 (16 USC 1531 et seq.) as amended, particularly section 7 (16 USC 1536). 4.18 Wild and Scenic Rivers. The Subgrantee shall comply with the Wild and Scenic Rivers Act of 1968 (16 USC 1271 et seq.) as amended, particularly sections 7(b) and (c) (16 USC 1278(b) and (c)). 4.19 Air Oualitv. The Subgrantee shall comply with the Clean Air Act (42 USC 7401 et seq.) as amended, particularly sections 176(c) and (d)(42 USC 7506(c) and (d)). 4.20 Farmlands Protection. The Subgrantee shall comply with the Farmlands Protection Policy Act of 1981 (7 USC 4201 et seq.) particularly sections 1540(b) and 1541 (7 USC 4201(b) and 4202), and Farmland Protection Policy regulations (7 CPR part 658). 4.21 Noise. The Subgrantee shall comply with HOD Noise regulations (24 CPR part 51). . 4.22 Coastal Zone Mana!!ement. The Subgrantee shall comply with the Coastal Zone Management Act of 1972 (16 USC 1451 et seq.) as amended. 5 4.23 Non-Discrimination Based on Disabilitv. When and where applicable, the Subgrantee shall comply with Section 504 ofthe Rehabilitation Act of 1973, as amended (29 USC 794) and Title II of the Americans with Disabilities Act as amended (Pub. L. 101-336, 1990), to ensure that no otherwise qualified individual with a disability shall, solely by reason of his or her disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving financial assistance under this Agreement. . 4.24 Non-Substitution for Local Funding. The Subgrantee shall not utilize CDBG funds made available under this Agreement to reduce the amount of local financial support for community development activities below the level of such support prior to the availability of funds under this Agreement. 4.25 Public Ownership. For Subgrantees which are not municipal corporations organized under the laws of the State of Minnesota, it may become necessary to provide the Grantee a property interest where the project calls for the acquisition, construction, reconstruction, rehabilitation, or installation of publicly-owned facilities and improvements. The Subgrantee shall comply with current Grantee policy regarding transfer of a property interest sufficient to meet the public ownership requirement. 4.26 Public Information. In all news releases and other public notices related to projects funded under this Agreement, the Subgrantee shall include information identifying the source of funds as the Washington County Community Development Block Grant Program. 4.27 Aoolicable Uniform Administrative Reauirements. 4.27.a A Subgrantee which is a governmental entity (including public agencies) shall comply with the requirements and standards of OMB Circular A-87 (Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally recognized Indian Tri- bal Governments), OMB Circular A-133 (Audits of State and Local Governments) and with the following sections of 24 CPR part 85, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments: (1) Section 85.3 "Definitions" (2) Section 85.6 "Additions and Exceptions" (3) Section 85.12 "Special grant or subgrant conditions for 'high-risk' grantees" (4) Section 85.20 "Standards for financial management systems" except paragraph (a) (5) Section 85.21 "Payment" except as modified by 24 CPR 570.513 (6) Section 85.22 "Allowable costs" (7) Section 85.26 "Non-federal audits" (8) Section 85.32 "Equipment" except in cases in which the equipment is sold, the proceeds shall be program income "Supplies" "Copyrights" "Subawards to debarred and suspended parties" "Procurement" except paragraph (a) "Subgrants" "Monitoring and reporting program performance" except paragraphs (b), (c), (d) and (f) "Financial reporting" except paragraphs (a), (b) and (e) "Retention and access requirements for records" "Enforcement" "Termination for convenience" "Later disallowances and adjustments" "Collection of amounts due" . (9) (10) (11) (12) (13) (14) Section 85.33 Section 85.34 Section 85.35 Section 85.36 Section 85.37 Section 85.40 . (15) (16) (17) (18) (19) (20) Section 85.41 Section 85.42 Section 85.43 Section 85.44 Section 85.51 Section 85.52 6 4.27.b A Subgrantee that is not a governmental entity shall comply with the requirements and standards of OMB Circular A-I22 (Cost Principles for Non-Profit Organizations) or OMB Circular A-21 (Cost Principles for Educational Institutions), as applicable, and with OMB Circular A-I 10, (Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations). . 4.28 Section 3 Comnliance. The Subgrantee agrees to comply with the requirements 24 CPR 135 (Economic Opportunities for Low and Very Low-Income Persons) to ensure that employment and other economic opportunities generated in connection with this Agreement shall, to the greatest extent possible, consistent with existing Federal, State and local laws and requirements, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing and to business concerns which provide economic opportunities to low- and very low-income persons. 4.28.a The Subgrantee agrees to comply with HlJD's regulations in 24 CPR 135.38 and to include the section 3 clause in every subcontract subject to compliance with regulations in 24 CPR 135. Housing and community development projects subject to this provision include housing rehabilitation, housing construction, and other public construction projects as defined in 24 CPR 135.5, Section 3 covered assistance. 4.28.b The Subgrantee will not subcontract with any contractor where the Subgrantee has notice or knowledge that the contractor has been found in violation of the regulations in 24 CPR 135. 4.29 Other ProlITam Requirements. The Subgrantee shall carry out each activity in compliance with all other Federal Acts, regulations and requirements, including but not limited to Executive Order . 11246 prohibiting discrimination in employment contracts and directing government contracts to establish and maintain affirmative action, and all Federal laws and regulations described in 24 CPR 570, subpart K except that: 4.29.a The Subgrantee does not assume the Grantee's environmental responsibilities (24 CPR 570.604), unless otherwise specified herein; and 4.29.b The Subgrantee does not assume the Grantee's responsibility for initiating the review process under the provisions of 24 CPR part 52. 5. .Evaluation and Renorts. The Subgrantee agrees to participate with the Grantee in any evaluation project or performance report, as designed by the Grantee or the applVpl~ate Federal agency, and to make available all information required by any such evaluation process. The Subgrantee further agrees to submit monitoring reports using the format supplied by the Grantee. These reports shall be due monthly on the 10th day of each month and shall be submitted to Mary Farmer-Kubler, Washington County Community Services, 14949 62nd Street North, MN 55082. The Subgrantee shall also provide such reports as required by the Grantee on an annual basis and prior to project execution. . 7 . 6. Audits and Insnections. The Subgrantee shall obtain an independent audit for any calendar year during which the agency received at least $500,000 of Federal funds. Such audit shall be made by qualified individuals who are sufficiently independent of those who authorize the expenditure of Federal funds. The audit report shall state that the audit was performed in accordance with the generally accepted governmental audit standards for financial compliance audits of the US General Accounting Office Standards for Audit of Governmental Organizations. Programs. Activities and Functions, and the provisions of OMB Circular A-llO. When applicable, the Subgrantee shall also comply with the audit requirements of revised OMB Circular A-133 (June 24,1997). 7. Records. 7.1 The Subgrantee shall compile and maintain records required by HUD regulations (24 CPR 570.506) including: 7.1.a Financial Mana!!ement. Financial management records shall identify adequately the source and application of funds for activities within this Agreement, in accordance with the provisions of the U.S. Office of Management and Budget Circular A-102 or A-110 as appropriate. These records shall contain information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays, and income. 7.1.b Citizen Participation. Narrative and other documentation describing the process used to inform citizens concerning the amount of funds available, the ranges of project activities undertaken, and opportunities to participate in funded block grant projects. . 7.1.c Relocation. Indication of the overall status of the relocation workload and a separate relocation record for each person, business, organization, and farm operation displaced or in the relocation workload. 7.1.d Pronertv Acquisition. The Subgrantee files must contain: (1) invitation to the property owner to accompany appraiser during inspection; (2) at least one property appraisal; (3) statement of basis for determination of just compensation; (4) written offer of just cVWl'ensation; (5) all documents involving conveyance; (6) settlement cost reporting statement; and (7) notice to surrender possession of premises. 7.1.e EaualOpportunitv. Racial, ethnic, and gender data showing the extent to which these categories of persons have participated in, or benefited from, the activities carried out under this Agreement. The Subgrantee shall also maintain data which records its affirmative action in equal opportunity employment, and its good-faith efforts to identify, train, and/or hire lower-income residents of the project area and to utilize business concerns which are located in or owned in substantial part by persons residing in the area of the project. 7.1.f Labor Standards. Records regarding compliance of all contractors performing construction work under this Agreement with the labor standards made applicable by 24 CPR 570.603. 7.1.g Determination of Conditions of Slum and Blie:ht. The Subgrantee shall submit: . (1) an attorney's opinion that an area designated as slum or blighted for the purpose of qualifying a CDBG activity meets the State or local definition of the same; (2) the boundary of the area so designated; and 8 (3) a list of the conditions the CDBG-funded activity is intended to address. In the event that a single property is designated as blighted, the subgrantee must submit a certified building inspector's report on the conditions leading to that determination. . 7.1.h Economic Develooment. Financial statements that indicate the historical and projected income of any company approved for CDBG assistance. Records will include three years of profit and loss statements, balance statements and projected income statements. The Subgrantee will also keep records indicating the amount and terms of assistance provided together with an explanation of how the assistance provided meets the "necessary and appropriate" requirements communicated in the June 2, 1987 Stokvis memorandum. 7.1.i Area Benefit. For activities providing an area benefit (24 CPR 570.208 (a)(1)), the Subgrantee will submit: (1) a map showing the location of the CDBG-funded activity and the service area boundary for the activity; (2) an explanation of how the service area boundary was determined, including justification for each individual line segment defining the service area boundary; and (3) the percentage of low and moderate income persons in the service area and the data used to determine that percentage. 7.1.j Other. Such other records as may be required by the Grantee and/or HUD. 7.2 Retention of Records. Required records shall be retained for a period of five (5) years after termination of this Agreement, except as follows: 7.2.a records that are the subject of audit findings shall be retained for five (5) years after such findings have been resolved; . 7.2.b records for nonexpendable property shall be retained for five (5) years after its final disposition. Nonexpendable property is defined in the US Office of Management and Budget Circular A-102 or A-110 as appropriate. 7.3 Access to Records. 7.3.a The Grantee shall have full access to all records relating to performance of this Agreement. 7.3.b The Subgrantee shall make all records available for audit or inspection at any time upon request of the U.S. Department of Housing and Urban Development, the Grantee or its authorized representative. 8. Oblhmtions And ResDonsibilities. The Subgrantee agrees to assume and carry out the Grantee's obligations and responsibilities under the Cooperation Agreement entered into between the Grantee and the Subgrantee concerning the Washington County CDBG Program. 9. General Conditions. The following general conditions shall apply to the Subgrantee. 9.1. Indeoendent Contractor. For the purpose ofthis Agreement, the Subgrantee shall be deemed an independent contractor, and not an employee of the Grantee. Any and all employees of the Subgrantee or other persons, while engaged in the performance of any work or services required by . the Subgrantee under this Agreement, shall not be considered employees of the Grantee; and any and all claims that mayor might arise on behalf of said employees or other persons as a consequence of 9 . . any act or omission on the part of said employee or the Subgrantee shall in no way be the obligation or responsibility of the Grantee. 9.2 Hold Harmless. It is further agreed that the Subgrantee shall defend and hold the Grantee harmless from any claims, demands, actions, or causes of action arising out of any act or omission on the part of the Subgrantee, its agents, servants, or employees in performance of, or with relation to, any of the work or services performed or furnished by the Subgrantee under the terms of the Agreement. It is further agreed that the Subgrantee shall notify the Grantee of any actual or potential claims against the Grantee that may arise as a consequence of any of the work or services performed or furnished by the Subgrantee under the terms of this Agreement. 9.3 Transfer. The Subgrantee shall not assign any interest in this Agreement and shall not transfer any interest in the same, whether by assignment or subcontract, without the prior written consent of the Grantee. 9.4 Amendments. Any alteration, variation, modification, or waiver of the provision of this Agreement shall be valid only after it has been reduced to writing and duly signed by both parties. 9.5 Waiver. The waiver of any of the rights and/or remedies arising under the terms of this Agreement on anyone occasion by either party hereto shall not constitute a waiver of any rights and/or remedies in respect to any subsequent breach or default of the terms of this Agreement. The rights and remedies provided or referred to under the terms of the Agreement are cumulative and not mutually exclusive. 9.6 Liabilitv. Notwithstanding any other provision of this Agreement to the contrary, the Subgrantee shall not be relieved of liability to the Grantee for damages sustained by the Grantee by virtue of any breach of this Agreement by the Subgrantee, and the Grantee may withhold any payments to the Subgrantee for the purpose of set -off until such time as the exact amount of damages due the Grantee from the Subgrantee is determined. 9.7 Entire AlZreement. This Agreement, as well as Exhibits A through B, which are attached hereto and incorporated herein by reference, shall constitute the entire agreement between the parties and shall supersede all prior oral or written negotiations. 9.8 HUD Aooroval. It is expressly understood between the parties that this Agreement is contingent upon the approval of HUD and its authorization of grant monies to the Grantee for the purpose of this Agreement. 9.9 Comoliance. In performing the provisions of this Contract, the Subgrantee agrees to comply with all Federal, State or local laws and all applicable rules, regulations or standards established by any agency of such governmental units, which are now or hereafter promulgated. 10. Annual Bud!!et. It is understood that the Funding Approvall Agreement (HUD 7082) is based upon a program budget reflecting receipt of CDBG Funds from HUD in the following amounts: $1,018,000 for Program Year 2002, $972,000 for Program Year 2003, and $960~000 for Program Year 2004, of which $281,424.26 is allocated to the Subgrantee as the maximum amount available under this contract. 11. General Compliance. The Subgrantee shall comply with the following: . 11.1 Seoarabilitv. In the event any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties unless such invalidity or non- enforceability would cause the agreement to fail its purpose. One or more waivers by either party or any 10 .; provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breachbf the same by the other party. . 11.2 Discrimination. The Subgrantee agrees to comply with all Federal, state and local laws and ordinances as they pertain to unlawful discrimination on account of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. 11.3 A!,!,licable Laws. The Subgrantee further agrees to comply with all Federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the Subgrantee performance of the provisions of this Agreement. 11.4 State Law. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. 12. Scone of Services. As required in 24 CPR 570.503, the Subgrantee will be responsible for the administration of the following services under this Agreement. If there is more than one activity, funds can be reallocated among the specified activities through consultation with the grantee and followed by a written request to the grantee. Reallocation of funds must be requested prior to completion of the activities. 12.1.a Activity 1.: O:mstructioTl. of Sewer and W :.!!~r Utility ~):mnection!5 to ~.l!!5jdl!nts of North Hill Neil!hborhood. 12.1.b 12.1.c 12.1.d 12.1.e. Descrintion. Income eligible neighborhood residents will be offered the opportunity to apply for grant assistance that will finance either a portion or all of the cost of connecting their private residence sewer and water utilities to the city system. Currently, residents have their own wells and septic tank systems. The project will take place in three phases wherein each phase generally corresponds to the program funding budget listed below. . Budl!et. FY 2002 FY 2003 FY 2004 CDBG funding $86,904.63 CDBG funding $86,904.63 CDBG funding $87,365.00 Schedule. . FY 2002 & 2003 funds will be committed to project activities after July 1,2004, and will be expended by April 30, 2005. FY 2004 funds will be committed to project activities after July I, 2004, and will be expended by December 31, 2005. Activitv Determination of Eligible Participants Distribution of Bid Packets & Program Requirements to Participants Commencement of Construction Completion of PHASE I & II Completion of PHASE III Comnletion date September 3,2004 Ongoing beginning September 7, 2004 September 13,2004 April 30, 2005 December 31, 2005 Staffinl! . Steve Russell, City Staff CDBG Consultant to be determined. Snecial Reouirements. ~ - (i) City must submit rehab program toCounty for approval (ii) Disbursement of CDBG funds to homeowners must be by two party checks to both homeowner and contractor. . 11 . . . (iii) City building inspector shall review bids for construction to ensure fairness and accuracy City should make a special effort to aggressively market the program and spend down 2002 & 2003 CDBG funds by April 30, 2005. (v) Activitv 2: Proiect Administration 12.2.a Descrintion. Project administrator hired by city as independent consultant will work with homeowners on verifying household income for program eligibility and monitoring construction activities and payouts to homeowners. 12.2.b Budget. FY 2002 FY 2003 FY 2004 CDBG funding $6,750.00 CDBG funding $6,750.00 CDBG funding $6,750.00 12.2.c Schedule. FY 2002 & 2003 funds will be committed to project activities after July 1, 2004, and will be expended by April 30,2005. FY 2004 funds will be committed to project activities after July 1, 2004, and will be expended by December 31, 2005. Activitv Determination of Eligible Participants Distribution of Bid Packets & Program Requirements to Participants Monitor Construction Document Income Verification Close Out of PHASE I & II Close Out of PHASE III Comnletion date September 3, 2004 Ongoing beginning September 7, 2004 Ongoing Ongoing April 30, 2005 December 31, 2005 12.2.d Staffing. Steve Russell, City Staff CDBG Consultant to be determined. 12.2.e. Snecial Reauirements. NONE 12.3 Prior Year Activities. Prior fiscal year activities that are not yet completed continue to be covered by the Subgrantee Agreement executed for the CDBG program year in which they were originally funded. 13. Additional Reouirements. The following additional requirements shall apply to the Subgrantee: 13.1 Pro!!ram Income. The Subgrantee shall report all program income (as defined at 24 CPR 570.500(a)) generated under this Agreement for the purposes specified herein or generated through the project(s) funded under this Agreement. During the period this Agreement is in effect, program income shall be retained by the Subgrantee and used for eligible CDBG activities, as specified in 24 CPR 570.201 and 570.202, for the project(s) funded under the terms of this Agreement. Any program income on hand when the Agreement expires or received after the Agreement expires shall be paid to the Grantee as required by 24 CPR 570.503(b )(8). 13.2 Future SUDDort. The Grantee makes no commitment to future support and assumes no obligation for future support of the activities contracted for herein, except as expressly set forth in this Agreement. 12 13.3 Funds Not Received. Should anticipated sources of revenue not become available to the Grantee for use in the CDBG Program, the Grantee shall immediately notify the Subgrantee in writing and . the Grantee will be released from all contracted liability for that portion of the Agreement covered by funds not received by the Grantee. 13.4 Sus!Jension and Termination. In accordance with 24 CPR 85.43, suspension or termination may occur if the Subgrantee materially fails to comply with any of the provisions hereof, and the award may be terminated for convenience in accordance with 24 CPR 85.44. Such termination shall occur thirty (30) days after receipt by the Subgrantee of written notice from the Grantee specifying the grounds therefore, unless, prior to such date, the Subgrantee has cured the alleged nonperformance of the provisions of this Agreement. 13.5 Reversion of Assets. Upon the expiration of this Agreement, the Subgrantee shall transfer to the Grantee any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Any real property under the Subgrantee's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 shall be: 13.5.a Used to meet one of the national objectives in 24 CPR 570.208 until five years after the Subgrantee no longer participates in the CDBG Entitlement Program; or 13.5.b Disposed of in a manner that results in the Grantee's being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non~CDBG funds for acquisition of, or improvement to, the property. (Reimbursement is not required after the period of time specified in paragraph 13.5.a.) 13.6 Pavment RecouDment. The Subgrantee shall reimburse the Grantee upon demand, any amounts paid by the Grantee under this contract for which the U.S. Department of Housing and Urban Development requires repayment due to noncompliance with Federal requirements. . 14. .Certification For Contract. Grants. Loans And ~oooerative At!reements. The Subgrantee certifies, to the best of its knowledge and belief, that: 14.1 No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 14.2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 14.3 It will require that the language of paragraphs 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all SubGrantees shall certify and disclose accordingly. . 13 . . . 15. Environmental Review. The Grantee shall insure that all Subgrantee projects or activities comply with environmental review requirements. This includes the completion of a study and assessment of each Community Development Block Grant project in conformance with the National Environmental Policy Act of 1967 by the Grantee. The Subgrantee shall furnish the Grantee with a copy of any updated Environmental Review Study. 16. Dele!!ation of Authoritv. The Community Services Department is delegated the authority to amend all provisions of this agreement by execution of the Community Services Director. 17. Notice. Written notice to be provided under this Agreement shall be provided as follows: For the Grantee: James R. Schug, County Administrator Washington County Administration PO Box 6 Stillwater, MN 55082 For the Subgrantee: 14 IN WITNESS WHEREOF, the Grantee and the Subgrantee have executed this Subgrantee Agreement on the date indicated below. For the Grantee For the Subgrantee R. J. Stafford Chair, Washington County Board Date By: Its: Date James R. Schug County Administrator Date By: Its: Date A~~d;S:Of7 ~_~ 7-I-O"{ Assistant County Attomey~' V Date Date O:\COMSVS\CDBG\CDBG Projects\CDBG Stillwater North Hill hnprovement.doc 15 . . . . . . Washington County CDBG Program Key Contact Designation Form Project Manager: The project manager is the person authorized by the Subgrantee as the primary contact person for this CDBG Agreement. Name: Title: Organization/Community Name Address City, State, Zip Code Telephone Cellular Phone/Pager Fax E-mail Other Key Contacts: Name Title Organization/Community Name Address City, State, Zip Code Telephone Cellular Phone/Pager Fax E-mail Name Title Organization/Community Name Address City, State, Zip Code Telephone Cellular Phone/Pager Fax E-mail 16 . . . Memo To: Mayor Kimble and Council From: Stuart W. Glaser, Acting Chief~ Date: 6/30/2004 . Re: 1975 Ford Fire Engine Bids Background: Stillwater Fire Department The acceptance of bids for the sale of a 1975 Ford fire engine closed on Tuesday, June 29,2004 at 4:00 P.M. The minimum bid for this vehide was set at $2,500.00. The City received two acceptable bids: Kel Cran St. Croix Specialties Recommendation: $3,000.00 $2, 850.00 Council decision on accepting one of the two bids as presented and approval to sell the vehide to the party selected. .. .1 . . . Memo To: From: Date: Subject: Mayor and City Council Steve Russell, Community Development Director V June 28, 2004 Request by HSI for Assistance with Home Free Rental Housing Project Background. As a condition of the Downtown Lofts Housing Development Project receiving Community Reinvestment Funding to help with clean up of the development site, a contribution ($60,000) was required by the Metropolitan Council from the developer to locally assist with providing six units of affordable rental housing. The HSI sponsored Home Free Project provides six units of affordable housing. The HSI request was reviewed with the Met Council Housing staff for consistency of use of funds for affordable housing. They felt that the HSI request met the purpose of the contribution. Other possible uses of the fund could be coordinated with the Washington County Housing Authority or local Housing Rental Rehabilitation Assistance. Action Required: Decision on HSI request. Attachments: Letter of June 21, 2004, Robert Butler, PHD Recommendation: Approval of agreement. FlSI ~ .. Helping People...Chonging Liv~s a private nonprofit corporation June 21, 2004 , ?f\ OAKDALE.ICE 7066 STILLWATER BLVD. N. OAKDALE, MN 55128 651-777-5222 FAx651-251-5111 :: \.~ , \ i Mr. Larry Hansen City Administrator/Finance Director City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Mr. Hansen, I am writing to request a $60,000 matching grant from the City of Stillwater in support of our affordable housing project - Home Free. As you know, HSI was awarded $60,000 by the Metropolitan Council and MHF A from the Local Housing Incentive Account (LHIA) contingent upon a matching amount from the City of Stillwater. I have attached the MHF A letter specifying the contingent match requirement. I understand that you have funds in an account that can be used for this purpose. Providing this matching grant will leverage needed funds to help make . this project successful. Home Free has a broad base of support. In addition to the LHIA funding it has received financial support from BUD, the Housing Trust Fund, and Washington County through the HOME funding program. Several philanthropic requests are pending. In projects like this it is necessary to put together many sources of funds and each one is critical. Stillwater's support will provide the needed match for the Metropolitan Council's LHIA program award. I know that you are familiar with our Home Free project and I have also attached a summary description. It will provide affordable housing with support services to five young adults with a disability in our community. Thank you for your consideration and support for this important initiative. Please let me know if I can provide anything further. I understand that this request will be on the Council agenda for July 6th. I will plan to attend that meeting to be available to answer any questions. . . Sincerely, 4- Robert Butler, Ph.D. Chief Executive Officer Human Services, Inc. . RB/lg HUMAN SERVICES, INC. BOUTWElLS LANDING. COTTAGE GROVE. FOREST LAKE. OAK PARK HEIGHTS. OAKDALE . STILLWATER. TRANSPORTATION FACILITY AN EQUAL OPPORTUNITY EMPLOYER. website: www.hsicares.org ~... ~.., . . . ~ Minnesota Housing Finance Agency 400 Sibley Street. Suite 300. Saint Paul, MN 55101-1998 651.296.7608 tdd 651.297.2361 800.657.3769 www.mhfa.state.mn.t4 April 22, 2004 Mr. John Savereide Human Services, Inc. 7066 Stillwater Boulevard Oakdale, MN 55128 Re: MHF A Request for Proposal Home Free, Stillwater MHFA ID Number: 1250643 Dear Mr. Savereide: We are pleased to inform you that the Minnesota Housing Finance Agency (MHF A) at it's April 22, 2004 Board meeting, along with our funding partners have selected the above referenced proposal for mortgage processing, as follows: Program Housing Trust Fund (HTF) Local Housing Incentive Account (LHIA)* *Contingent upon a matching amount from the City of Stillwater Amount $200.000 $60!000* Term 30 years Rate 0% MHFA loans will generally be full recourse; however, the MHFA may allow non-recourse deqt to single asset entities. Note: This letter does not constitute a commitment to finance. Housine: Trust Fund (!tJJ1t ~a'OitalFundine:: Housing Trust Fund (HTF) has a funding priority for developments that propose to serve households whose income at the time of initial occupancy is at or below 30% of the area median income for the metropolitan median income, currently $23,010. Incomes may be adjusted for families'with five or more members. A household with Section 8 housing assistance is deemed to meet the income requirements of the above. As outlined in your proposal and as a condition of funding, not less than five (5) units or 100% (percent) of the development's units will be designated as HTF-assisted units and shall be occupied by households whose incomes are at or below 30% area median in~ome for the metropolitan area and/or receive Section 8 rental assistance. Developments currently occupied will complete a Characteristics of' Tenants Households form to certify existing tenants' incomes and/or verify receipt of Section 8 assistance. . Equal Opportunity Housing and Equal Opportunity Employmmt p Mr. John Savereide April 22, 20004 Page 2 ... ~ . Local Housinf. Incentives Accounts:. . The Local Housing Incentive Account (LHIA) program awards are.. contingent upon approval by the Metropolitan Council Board. . The LIllA program, as indicated. in the attached infbrmation~ requires a dollar-for-dollar match from the municipality in which the develvpJllent is located. Please contact Guy Peterson at the Metropolitan Council (651) 602-1419 for more information about processing the LHIA loan. Deshm and Construction: Because it is the intent of the MHFA to provide affordable housing over the long term, the MHFA expects the highest design/construction standards. At a minimum, all developments must provide housing that is decent, safe and sanitary. Developers are strongly encouraged to seek MHFA architectural input at the earliest possible time. . This will ensure the developer's earliest design efforts are focused on meeting MHFA's qualitative housing objectives, and will ultimately minimize time and money spent redesigning to meet these objectives at a later date. Next SteDS~ There are several items that will facilitate the processing of this proposal from selection to closing. These items are: · Program Information Guides - found on the MHFA website at: htto:/Iwww.~fa.s~~J~Jl:lll.us/manllg~r~/Program<)uidelines.htm · Summary of the MHF A Process - enclosed · Draft MHF A Mortgage Loan Checklist - enclosed . The Minnesota Housing Finance Agency will be scheduling an intake meeting with )'ou. Prior to the intake meeting, please review the program information, the Summary of the MHFA Process and the MHF A Mortgage Loan Checklist. The Mortgage Loan Checklist is based on a construction loan format. Thank you for your interest in the MHFA's Request for Proposals. We look forward to working with you on this proposal. Please contact Julie LaSota at (651) 296-9827 or bye-mail at julie.lasota@state.mn.us. To view a complete listing of Multifamily RFP funding awards, or other MHFA information, check our website at: httn:/lwww.mhfa.state.mn.us.. .. . ConZiiI ""'- Timothy E. Marx ~ Commissioner l,.h. (0 .~ ~ ~ t. Lu'l'}" ;'n1 l-. +-\.. Wrr.r~ ~.. ~ j.;..+ \t'-.....r '. V 'i . Enclosures ~. I~ . Home Free in Washington County Proiect Summa'1? Human Services, Inc. (HSI) intends to develop affordable housing for young adults who have a mental health disability and to provide supportive services to help the tenants develop the skills to become self-sufficient and independent. This project will be called "Home Free" and will be newly built construction with 5 individual studio apartments for tenants and a two bedroom apartment for an on-site caretaker. . In this "housing with services" model, stable housing is the foundation from which effective life skills are developed. HSI and Washington County Community Social Services will work with each resident to create and pursue a plan to become independent and self-sufficient. Case management, life skills development, assistance with employment and education, community involvement and healthy management of mental illness are all services that will be available to each participant. A caretaker will be housed on site who will provide supportive coaching for the residents when other community resource staffs are not available. . PODulation to be Served Persons accepted into Home Free will be from communities in Washington County and they will be homeless at the time of moving in. They will have a history of low achievement despite their potential for success and they will be evaluated as having the ability to successfully develop independent living skills. They may be particularly vulnerable to being hurt or exploited because of the mental health issues they must manage. Mental health concerns may include depression and anxiety that interferes with relationships and vocational achievement. They may have 'aged out' of the children's . mental health services system. They may have exhausted their family's resources to care . for them or to manage the stress of their mental illness on the family, and they lack of life skills to gain full independence without significant support. . Most of the participants will have experienced a placement away from their families during their growing up and will not have a significant support system to help them launch into independence. These young people are at risk for homelessness and dependence on public welfare. Some ofthem will need support in completing their secondary diploma or OED and they may be completing an individual educational plan through the school district. They will likely struggle with job finding and how to engage in social activities. Some may also be in recovery from chemical dependency. Most will p .... , be "on their own" for the 1st time. The need for affordable housing with appropriate . supportive services for this population in Washington County has been widely recognized. Home Free will be a safe, stable housing opportunity from which to develop employment skills and begin to move forward in their lives. SUDlJortiv'LS~rvices the ParticiDants will Receive The services for Home Free tenants are based on successful programs best practices and HSl's own experience which indicates that this group is far more successful with supportive services in place to maintain their housing. All residents will be required to take advantage of the many formal and informal support services including: case management, life skill development, therapy and psychiatric care through area providers, employment and education coaching. The availability of a customized support team for each young person including, particularly, an after-hours resource person is the key to successful housing and living independently. Desi!!,! The optimal building design for this project is one that includes easy access to the caretaker and a common area for residents to meet with their resource providers. The . design should also provide '~community room~' space for the residents to socialize and provide support for each other. The size of the studio units is less important than simply having a private place of one's own, thus they will be small but provide the basis from which to develop independent living skills. Proximity to transportation, shopping, and employment opportunities will provide important supports for the tenants. The goal of this project is that each tenant develops self sufficiency. The services available to Home Free residents can be long-term and will be driven by each resident's plan for their future. There will be no requil\J11lent that they leave after a designated period of time though it is expected that as they become fully employed and self sufficient they may choose to move to other housing. Permanent housing is possible for this population when they have reasonable supports in place. . ..t' I, 4t MEMORANDUM TO: Mayor & Council FROM: City Administrator Hansen SUBJECT: Proposed - Special Event Policy DATE: June 29, 2004 Currently the City of Stillwater does not have a Special Event Policy. All such requests are being handled on an individual basis and are typically brought to the City on extremely short notice. In an effort to accommodate most requests, council is granting same without the benefit of normal staff review. In addition, many requests seem to morph into something . different by the time the event takes place. While special event requests were once limited and therefore manageable, we have now received 13 since the beginning of the year and this does not include Lumberjack Days, the 2 art fairs and the bike race. Currently there is no single department handling such requests, and if time permits they are, at best, discussed at a staff meeting. Staffhas tried to put together a policy that we feel would be of considerable help in reviewing such requests. We have also assembled an application form that we hope will provide all ofthe necessary information for proper review. An important decision is to determine at what level council wants to become directly involved. If approved by council the new policy could be placed in our web site, the newsletter, and we could also do a direct mailing to the organizations requesting such events in the past. RECOMMENDATION Council review, amendment and possible approval of Special Event Policy and Application form. . .... \ illwater - ~ . - '~ -- THE BIRTHPLACE OF MINNESOTA . SPECIAL EVENT POLICY PURPOSE: The purpose of this policy is to establish specific guidelines that the City of Stillwater will use in the process of a Special Event. DEFINITIONS: Special Event: An event on public or private property, attendance in excess of 75 people, use of City streets or property, impacts a neighborhood, business area, or community as a whole. Public Property: Property owned by the City of Stillwater to include streets, street right-of-ways, parks, easements, boulevards, band shell, pavilions, gazebo, and parking lots. . Private Property: Property not under ownership by the City or as listed above under "Public Property." Special Use Permit: A use listed as a special use or conditional use in the zoning district regulations that may be approved only after reviewing criteria and finding that the use is not injurious to the neighborhood or otherwise detrimental to the public welfare.' (Fee associated with this permit) Planning Commission Review: Review by the City's Planning Commission for uses on private property which meets the 2nd Monday of the month. Park Board Review: Review by the City's Parks Board for uses of park property which meets the 4th Monday of the month. City Council Review: Review by the City Council for major events that impact the City as a whole. . / I . . . PROCESS: All special event requests shall be submitted to the City Clerk on the City's Application for Special Events and include any required information stated on the application 45 days prior to the event. Incomplete applications or applications not submitted 45 days prior to the event will not be processed. The City Clerk will be responsible for the distribution of the application to the various department heads for their review, comments and approval. Special Events that require Planning Commission Review or Parks Board Review will be determined by the Community Development Director. The Community Development Director will contact the applicant for the Special Event for the date of Planning Commission or Parks Board Review. Special Events such as Lumberjack Days, Spring and Fall Art Fairs, Bike Races, public concerts, etc. that affect the community as a whole will be reviewed by the City Council as well as the Parks Board or Planning Commission as determined by the City Administrator. Any conditions by the City Council, Board/Commission or department head, shall be incorporated into a contract with the City that outlines applicable conditions and requirements dealing with specific items such as liquor, insurance, city services, etc. .... Oti ~ter.~.~ ,..~,..."... OF .......~ 216 N. 4th Street Stillwater, MN 55082 TelepJ.one: 651430.8800 Fax: 651430.8809 , ilPPLICilTION FOB SPECIilL EVENT , All items on application MUST be completed and received by the City 45 days prior to propose event Incomplete applications will not be processed Submittal Date: APPLICANT INFORMA TION Organization Type of Organization Non-Profit For-Profit Contact Person Address City State Zip Daytime Phone Alternate Number EVENT INFORMA TION (Special Events involving the use of City Property may require Park Board or Parking Commission Review. Events on Private Property may require Planning Commission review) Date(s) of Event Hours of Event (Special Events conducted after 10:00 p.m., require . Council approval of a variance to the noise ordinance) Purpose & Description of Event Proposed Location of Event (be specific) If Lowell Park is to be used: North Lowell Park or South Lowell Park (Circle which one or both) Type of Event Estimated number of people to attend Following Information must be supplied (Put a check next to items pertaining to your event. If not applicable - Please put N/A in the space) Selling Alcohol Permit to Consume Temporary Liquor Licenses are ONL Y available to non-profit organizations - $25.00 per day (for the consumption of beer, wine, wine coolers, and hard liquor on public property - $35.00 f. (attach to application) Describe: Site Map (required) Impact on Parking (required) (CONTINUE ON BACK) .1 Special Signage Describe: Letter of Approval by Property Owner if on Private eerty (attach to application) Tents or Membrane Structures Cooking Operations Water Activities (River/Lakes) Size Propane River Lake Name: Location Deep fat frying Exiting Points Other EMS Needs Open Flame or Burning Operations Fireworks Street Closure EMT Standby Ambulance Standby Fire Department Standby Describe Police Officer Needed What Streets: (Required if alcohol is being served on public property and attendance is over 75 people - Contact Stillwater Police (651-4351-4900) to arrange for officer) Restrooms (Portable) (Applicant to pay for restrooms - Contact Public Works 275-4100) Live Entertainment Type of Music Applicant Signature Community Development Comments: City Administrator City Clerk Fire Chief Police Chief Public Works Director Public Works Superintendent Parks Board Approval Required Planning Comm. Appr. Required City Council Approval Required FEES (if applicable) . Permit to Consume: Temporary Liquor License $25.00 per day Event Fee Deposit $250.00 Other Fees: TOTAL FEES ^'-A . . . RESOLUTION NO. 2004-149 THE CITY OF STILLWATER, r.lINNESOTA A RESOLUTION ASKING THE LEGISLATURE TO P ARTICIP ATE IN A SPECIAL SESSION TO CORRECT THE LGA FORMULA WHEREAS, The 2004 Legislature failed to enact a teclmical correction to the LGA formula created by an oversight during the 2003 special legislative session WHEREAS, the City of Stillwater will have their LGA reduced by $126,411 if the Legislature doesn't act on the intended teclmical correction to the LGA formula WHEREAS, LGA amounts for 2005 will be certified in late July, we ask for immediate action ofthis oversight and ask the Legislature to participate in a special session to correct the LGA statutes as intended by the 2003 legislature. Adopted this 6th day of July, 2004 ATTEST City Clerk Diane Ward ~" ,.t, LOCAL GOVERNMENT AID - TECHNICAL BILL SUMMARY June 14, 2004 q ).c:t,Ll1 Y _ ~tl3.,<Jb7 !1 \1.<0 ,\..( I( Loss . Source MN Department of Revenue CITY NAME TOTALS . ST FRANCIS CITY OF ST HILAIRE CITY OF ST JAMES CITY OF ST JOSEPH CITY OF ST LEO CITY OF ST MARTIN CITY OF ST MARY'S POINT CITY OF ST MICHAEL CITY OF ST PAUL CITY OF ST PAUL PARK CITY OF ST PETER CITY OF ST ROSA CITY OF ST STEPHEN CITY OF ST VINCENT CITY OF STACY CITY OF STAPLES CITY OF STARBUCK CITY OF STEEN CITY OF STEPHEN CITY OF STEWART CITY OF STEWARTVILLE CITY OF STILLWATER CITY OF STOCKTON CITY OF STORDEN CITY OF STRANDQUIST CITY OF STRATHCONA CITY OF STURGEON LAKE CITY OF SUNBURG CITY OF SUNFISH LAKE CITY OF , SWANVILLE CITY OF TACONITE CITY OF TAMARACK CITY OF T AOPI CITY OF TAUNTON CITY OF TAYLORS FALLS CITY OF TENNEY CITY OF TENSTRIKE CITY OF THIEF RIVER FALLS CITY 0 THOMSON CITY OF TINT AH CITY OF TONKA SAY CITY OF TOWER CITY OF TRACY CITY OF TRAIL CITY OF TRIMONT CITY OF . CY 2003 Actual LGA 464,941.977 197,454 37,613 1,128,919 663,607 11,711 14,423 o o 63,082,264 446,692 1,794,717 1,490 I 64,941 12,891 126,225 1,034,031 289,000 16,325 126,590 176,076 741,452 656,737 54,140 78,651 13,493 3,4 73 9,029 17,4671 0:; 74,298 125,178 3,663 4,202 17 ,34 7 111 ,504 1,438 537 1,822,380 12,970 10,139 o 116,902 792,431 3,064 215,322 CY 2004 Certified LGA* 437,466,461 197,454 37,613 1,128,919 663,607 11,711 14,423 o o 56,488,315 379,131 1,794,717 1,490 64,941 12,891 126,225. 934,452 289,000 16,325 126,590 176,076 677,723 656,737 54,140 78,651 13,493 3,473 9,029 17,467 o 74,298, 125,178 3,663 4,202 17,347 111,504 1 ,438 537 1,822,380 12,970 10,139 o 116,902 792,431 3,064 215,322 Est. CY 2005 Leg. Intent LGA 436,835,000 200,000 40,893 1,183,743 675,196 12,511 18,119 o o 53,257,284 276,183 1,912,615 1,341 82,641 13,402 140,245 886,269 321,498 17,925 138,040 166,445 616,273 929,478 65,023 74,121 13,893 3,288 16,651 20,765 o 70,217 118,255 3,415 4,652 20,077 115,526 1,352 2,137 1,994,297 12,152 9,557 o 109,452 840,7 46 2,883 203,687 Est. CY 2005 Letter of the Law LGA** 436,835,000 349,629 35,371 1,074,095 576,749 11,067 15,566 o 145,938 50,095,589 436,590 . 1,676,819 2,790 61,122 12,198 119,288 886,269 271,901 15,424 119,042 166,445 581,054 803,067 50,976 74,121 12,758 3,288 8,371 16,419 575 70,217 118,255 4,663 3,971 16,353 104,527 1,729 1 ,447 1,650,463 16,434 9,557 1,802 118,550 745,355 3,642 203,687 . Adjustment for White Bear Lake made after certification. MN Dept. of Revenue .. Letter of the Law keeps the 2003 base aid of $361 million plus $27 million in 'double count' base aid adjustments. . . . ....~,. -.-.,..,' RESOLUTION NO. 2004-150 THE CITY OF STILLWATER, MINNESOTA * * * * * * * A RESOLUTION REQUESTING A SPECIAL SESSION OF THE LEGISLATURE CALLED BY THE GOVERNOR TO PASS THE 2004 BONDING BILL Whereas, the City of Stillwater has experienced 17 floods since 1938, when Lock and Dam #3 was completed at Red Wing on the Mississippi River which raised the 'rater level at Stillwater by 8-10 feet; and Whereas, the United States Congress has appropriated $2 million to begin work on Stage 3 of the Stillwater Flood Control Project; and Whereas, the City and the U.S. Army Corps of Engineers have generally agreed on the design and parameters of the project, and are prepared to begin work on the plans and specifications immediately; and Whereas, the State matching funds appropriated by the Legislature can not be used without the language that appears in both the House and the Senate Bonding Bills; and Whereas, the Minnesota Legislature failed to pass the 2004 Bonding Bill during the current Legislative Session; and Whereas, failure to pass the necessary language to make the State matching funds available in the Bonding Bill of 2004, will further delay the construction of the flood wall that protects historic downtown Stillwater; and Whereas, such a delay subjects the City to yet another year of flooding which has cost Federal, State, and local governments millions of dollars over past years, and Whereas, each flood event creates a situation where the lives of the those fighting the flood are in danger, and the businesses and historic buildings may be lost; and Now, therefore, be it resolved: that the Stillwater City Council on behalf of all our citizens request the Governor to call a "Special Session" of the Legislature for the purpose of passing the 2004 Bonding Bill which includes the language necessary to use the State dollars for the non-Federal matching funds required to permit the U.S. Army Corps of Engineers to commence work on the Stillwater Flood wall; and Further, that the Governor and the Leadership of the Minnesota Legislature recognize that failure to come to an agreement on ancillary political issues that prevent the passage of the Bonding Legislation is detrimental to the best interests of the State, deters economic development, prevents the employment of thousands of citizens, creates potential Iife- threatening events, and increases the costs to taxpayers through higher interest rates and inflation brought about as the result of the delays in the passage of the Legislation. Therefore, the clerk of the City of Stillwater is hereby directed, to transmit a copy of this . resolution to the Governor of the State of Minnesota, the Majority and Minority Leaders of the Minnesota Senate, the Speaker and the Minority Leader oHhe Minnesota House of Representatives the Chairman and Ranking Members of the House and Senate Capital Investment Committees of the Minnesota Legislature, Senator Michele Bachmann, Senator Brian LeClair, Representative Eric Lipman, and Representative Rebecca Otto. Adopted by the Council for the City of Stillwater this the third day of July 6, 2004. /' ~ --/J /~ ~r~~- .v' ATTEST: Dian~e Ward, City Clerk . . "'- , . / . . " . Menloranc urn To: Mayor and City Council i, /~ I-~ Klayton Eckles, Director of Public Works From: Date: July 5, 2004 Subject: Discussion on Potential Reopening of Poplar Street between 4th and 5th Street DISCUSSION Attached is a letter signed by nine different property owners requesting that the City open up West Poplar Street between 4th and 5th Street. Poplar Street was closed many years ago due to a serious accident that occurred at that location. The street has remained barricaded. The road has an extreme vertical curve or hill. The sharpness of the hill along with the narrow section of the street creates a hazard as well as an attractive nuisance for joy riding teens. The homeowners are requesting the City to reopen this street on a short -term as well as a long-term basis. Short-term opening would provide an alternative access to the neighborhood. When Phase 3 of the North Hill project is underway it may be a necessity that we reopen the street because sections of Hazel Street are so narrow that reconstruction will involve temporary closures. The engineering department is currently looking at issues associated with a permanent reopening of Poplar Street. If Poplar Street could be permanently reopened an extremely long dead end would be eliminated. As the letter points out, the lack of a secondary access point to this neighborhood does create concern regarding accessibility for emergency vehicles as well as various circuitous routes. , RECOMMENDATION Staff recommends Council discuss the merits of reopening Poplar Street. Staff can provide some additional information at the meeting on this issue. ( . June 16. 2004 Clayton Eckles City Engineer City of Stillwater 2 16 N. Fourth Street StiJlwater, MN 55082 Dear Clayton, Per our phone conversation of today and per your request I and the undersigned are proposing and urgently requesting that action be taken to open up Poplar Street which is currently barricaded. We are requesting this action be looked at and taken both for long klUJ and short term benefits to the neighborhood consisting of those of us along Hazel Street, Hazel Court, West Willow Street, West Poplar Street and North 5th Street . In the past 10 days there have been two gas leaks as a result of road construction going on along Hazel and N. 2nd St. (the Shulenberg Park area). This, of course, is where phase 2 of the North Hill Project is being conducted During the first incident Hazel Street was closed for a good part of the day and residents, mail carriers and others were not able to use the street. Todays incident closed offN. 2nd Street from River Heights Drive to Hazel Street and traffic was rerouted to Highway 95. As a result, we are very concerned as to our ingress and egress capabilities not to mention our safety being at risk should there De need for flTe, ambulance, police, etc. '". The undersigned residents of the Hazel Street neighborhood are asking that the Poplar Street barricades be removed in short order so that future detainment may rectified when Phase 3 begins in our area. . Thank you for your attention to this matter. Sincerely", .!/~ . /;~~~~I-- luhe Paukert 303 West Hazel Street Stillwater, MN 55082 439-0645 /' , C ~l C1A-€ 0(J?LL lzv ,;/ 'z'" / A~ /- .? . ;.:?; ,',ytvl , . //[;:7./tL'C>j/t?-''--.. /t(Ici/~ &~ ',PoJ\"\ Th:\),k {t~V\. '~ rJ, ~d~ =~ /c~x-k <-'-../ I, . ~ .,(1 V /1- 11" {I' ,<') Lei. L(:cill-tj}....c.\./ ;lclL"c~ ('k>tk-- . )~ ~~-kJ (?~!xf - // . ./ < . , ,.' \ /t- /~U; ) I / /,,/ '.r-/ f/' ,/ .' '.,." . y / I [/ Co- jl / (, I L '- ~ ~ ,Lt-, AO-t: <--1/ II' (1/ J"~/V:!~i I . '! ~ ,\ CLLti)~ "] U- "dlt -- \. ~'\ ~V ------- ~--.----\-' -, . f ai'i , L~~~j "''-U~-:> 11.-:- I ,', -<-Z ~~i J~~ G"A~ '--..... f ~\ / f , (11.44-. {{,,, .' rqc~L.. ~ /7 v . . , .JOC)yt m3it- LT C~t1/ ,./ '1 1..../ t1- -rC .. ...v i ,'<-- Iv . c~o I ~J< \CJ- S(h.l'\~:L4\ jLtN '" b I ~\ 4L 1 (l { c,_~L tL'1-&~ j:~lJ. ey... -.L'L ~ < -'>. . .J J I 7 Id- rlttr.z.t2 / (Jf' .J'f 1/ wcCLr '-I "I~ ,,7 {J ...) i{~ ~i Z c: / ;:5;-:- .S~-//:[,'cer(,j( 7'39-35-'3, J/qZe J ~+ \Ar 6+;IlU)a-tE~ sSj-S-u3 C'" . ,-Ia7~1 St. \0 ~{{Lu~tC{ 3S( -~I {; (( l", I, 779.--cJO.5;L. I: '. LJ Jjl{jihi~ lJ. . fl," t( / ; ;'iWU0 l{ N. -3 S'! - zCj f j LL' "-::!:J"- / ...;..~ .~/LL-- / .3>7 22S- 2"2 c:; .3il / Cj ! .~:l. IG _s~~ .:;};t"{..(f ~v?--):--<- C- t j/] I 1 .~-)- i - '7 J. .5 J... p "'- YK. -4/./ ,I, (I I /t7CJ_ tJ? r/.!.:,- "./ cJ;5 .0/.:' ~P'I' ~~ . "/ ~ / .3tJ3 (/U ~ /-/17;--L S V) LL-f,A..,'C,-,~ Lf Jq - {} ((; rjs- . /;. I . . ~ o ru ~ (I] o o III ~ Z . I PH 651-430-3609 IYl Stillwater City Council and Parks Board trade ..... July 2nd, 2004 Thank you for the use and maintenance of Brown's Creek Park for our community trail running race on June 26th, 2004. The race was a great success with forty-five people from the local area participating in the trail run/race. We had kids from Stillwater High School Track and Cross Country Running Teams in the 5 kilometer race and members ofthe 8t. Croix Valley Runners Club in the 10 kilometer event. We also posted pictures and results on Skinnyski.com, which is a local athletic events and information website. The race had a diversity of people that created a great energy. The race route replicated the winter season ski trail. The course was in great shape with a beautifully mowed swath through the North Loop Prairie, and the South Loop meandered wonderfully through the Maple-Oak Savanna. Wild flowers and tall grasses carpeted the ground! The natural beauty in tandem with residential accessibility makes Brown's Creek Park an outstanding resource for Stillwater's residents. Thank you for such a wonderful city park and allowing the community to enjoy it in a multitude of fashions. Best Wishes for the summer, ftJiL.... ~ ~ 45 Degrees Jeff Anderson & Sara Morse 45 DEGREES "'" I\; o 2: ~ > ..... ~ U1 ..;! U1 ..;! ..... l:"' l:"' ~ > ..;! tl:J :Xi ;s: 2: (}l v' o 00 ro ; , Diane Ward .om: ent: To: Subject: Pat Raddatz [Pat.Raddatz@co.washington.mn.us] Thursday, July 01, 2004 10:17 AM Pat Raddatz Washington County Board Agenda - 7/6/04 Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County, County Board Agenda July 6, 2004 * 9:00 a.m. 1. 9:00 - Roll Call Pledge of Allegiance 2. 9:00 - Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue .hat is part of Washington County's responsibilities. The chair may also limit the number f individual presentations to accommodate the scheduled agenda items. 3. 9:10 - Consent Calendar 4. 9:10 - Community Services - Cindy Rupp, Supervisor Agreement with Dakota County for Detoxification Services 5. 9:15 - Metropolitan Inter-County Association * Keith Carlson, Executive Director 2004 Annual Report 6. 9:45 - General Administration * Jim Schug, County Administrator Designation of Voting Delegates for the 2004 NACo Conference 7. 9:50 - Commissioner Reports * Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 8. Board Correspondence 9. 10:10 to 10:30 - Executive (Closed) Session with County Attorney and Transportation & Physical Development .onsider Settlement of the Swenberg Condemnation Lawsuit 10. 10:30 * Adjourn ************************************************************************ 1 " Meeting Notices \ July 6 - Personnel Committee 8:30 a.m., Washington County Government Center . July 8 - Community Services Advisory 7:30 a.m., Washington County Government Center ***************************~******************~********************~~*** Washington County Board of. Commissioners Consent Calendar * July 6, 2004 Consent Calendar items are generally defined as items of routinebusiriess,' not requiring discussion, and approved in one vote, Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. The following items are presented for Board approval/adoption: Administration A. Approval of the June 22, 2004 Board meeting minutes. B. Approval to appoint Ted Dunaski, New Scandia, to the Community Services Advisory Committee representing Developmental Disabilities, to a first term expiring December 31, 2006. Assessment, Taxpayer Services and Elections C. Approval of.a one to four day temporary on-sale liquor license for the Greeder-Hinds- Comfort Post #323 (VFW) to be used at the Washington County Fair, August 4-8, 2004. Community Services D. Approval of the 2004,'-2006 contract with Birchwood Arbors LLC to provide AssIsted LiVie . Plus services. E. Approval of the CDBG Subgrantee agreement with the City of Forest Lake for the Senior Center project. F. Approval of the CDBG SubgranteeAgreement with the :Cityof Stillwater for the Staple,s Park Project. G. Approval of contract with Community Volunteer service ,to provide unpaid work experience opportunities for participants in the Minnesota. Family Investm,entProgram. H. Approval of third amendment to contract #1875 with East Suburban Resources to provide. training and employment case management services for the Dislocated Workers Program through December 31, 2004,. I. Approval of contract with East Suburban Resources to provide employment services for Minnesota Family Investment Program and Diversionary Work Programparticipcmts. County Attorney J,. Approval of resolution, accepting grant funding from the Minnesota Qffice of Justice Programs in the amount of $66,000 for the Victim/Witness program. Human Resources K. Approval to extend a special project Real Estate Taxpayer Services Technician in the Assessment, Taxpayer Services and Elections through December 31, 2004. Information Technology . L. Approval of Sprint Lep,se Pay Telephone Service agreement to have a.payphone installed at Point Douglas Beach. . 2 ~ I Public Health and Environment M. Approval for the County Board Chair and the County Administrator to execute an ~greement for services between the Interagency Early Intervention Committee Fiscal Host ..,Forest Lake School District} and the Local Primary Agency (Department of Public Health and Environment) for early intervention Network services. Transportation and Physical Development N. Approval of resolution to enter into a Minnesota Transportation Fund grant and affirmation of county responsibility for any costs over running or under running the construction funded by the grant. O. Approval of resolution authorizing an office space lease for Court Administration to facilitate District Court activities in the Forest Lake Hall. P. Approval of a budget amendment for the use of fund balance from fund 213 (Permits) in the amount of $9,834.00 for the purchase of two I-ton trucks. . . 3 "0) ~o,.. TPo..' Minnesota Department of Transportation . Office ofTraffic Engineering and Intelligent Transportation Systems Mail Stop 725, 2nd Floor North 395 John Ireland Boulevard St. Paul, MN 55155-1899 Office Tel: Fax: 651/284-3500 651/205-4526 June 10, 2004 Diane F . Ward City of Stillwater Clerk 216 North Fourth Street Stillwater, MN, 55082 f Dear Ms. Ward, As requested by a resolution dated December 2, 2003, attached is authorization to erect the appropriate signs designating the reasonable and safe speeds on Boutwell Road North and 80th Street North. Please keep this authorization in your permanent files; we have our necessary copies. Erection of signs shall be in conformance with the current Minnesota Manual on Uniform Traffic Control Devices. . Note the contingency on the authorizations. This must be met before the regulatory speed limit signs are erected or changed. Sincerely, .~ C ~~//~~/ Thomas E. Campbell, p.Ff Assistant State Traffic Engineer cc: Klayton Eckles, Stillwater Director of Public Works . TE4A.doc An equal opportunity employer Mn/DOT 29213 (12-78) "f.~- ! B 1; .. '1,. ~o OFT"~ ". -.J ST ATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Page lof 1 page(s) LOCAL STREET OR HIGHWAY SPEED LIMIT AUTHORIZATION . Road Authority City of Stillwater . Date June 10, 2004 Road Name orNo. Boutwell Road North Termini of Zone: From County State Aid Highway 12 To 2340 feet east of County State Aid Highway 15 (Manning Avenue North) Date of Request December 2, 2003 As authorized in Minnesota Statutes, Section 169.14, it is hereby ordered that the following speed limits are approved and shall be put into effect on the described roadway or sections thereof. 30 miles per hour between the intersection with County State Aid Highway 12 and a point approximately 200 feet west of the intersection with Boutwell Place 40 miles per hour between a point approximately 200 feet west of the intersection with Boutwell Place and a point approximately 2340 feet east of the intersection with County State Aid Highway 15 (Manning Avenue North) . NOTE: The speed limits, described in this authorization, are authorized contingent upon curves and hazards being signed with the appropriate advance curve or warning signs, including appropriate speed advisory plates. The roadway described shall be reviewed for traffic control devices impacted by the authorized speed limits before posting the signs. Warning signs and speed limit signs shall be in accordance with the Minnesota Manual on Uniform Traffic Control Devices. (I) White. Road Authority (1) Pink - Central Office Traffic (1) Blue. Distri~~Traffic Engineer /l /'j"1 s- /' /. . /~d/ / r C- (.--- ~.h/~PT MhJDOT Authorized Signafure :' for Road Authority use only Date traffic control devices changed im~menting this authori7.ation Month-Day- Year Signature Title e- TE4.doc Mn/DOT 29213 (12-78) or,~'o 1 '" i ~ "',> l ot:T1'Jro.+: . STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Page lof 1 Page(s) LOCAL STREET OR HIGHWAY SPEED LIMIT AUTHORIZATION Road Authority City of Stillwater Date June 10, 2004 Road Name or No. 80th Street North Termini of Zone: From County State Aid Highway 15 (Manning Avenue North) To 2340 feet east of County State Aid Highway 15 (Manning Avenue North) I Date of Request December 2, 2003 As authorized in Minnesota Statutes, Section 169.14, it is hereby ordered that the following speed limits are approved and shall be put into effect on the described roadway or sections thereof. 40 miles per hour between the intersection with County State Aid Highway 15 (Manning Avenue North) and a point approximately 2340 feet east of the intersection with County State Aid Highway 15 (Manning Avenue North) . NOTE: The speed limits, described in this authorization, are authorized contingent upon curves and hazards being signed with the appropriate advance curve or warning signs, including appropriate speed advisory plates. The roadway described shall be reviewed for traffic control devices impacted by the authorized speed limits before posting the signs. Warning signs and speed limit signs shall be in accordance with the Minnesota Manual on Uniform Traffic Control Devices. (1) White - Road Authority (1) Pink - Central Office Traffic (l) Blue - District Traffic Engineer ,~z c::~~ Mn/DOT Authonzed Slgpi{ture for Road Authority use only Date traffic control devices changed implementin!; this allt~orization Month-Day- Year Signature Title . TE4.doc STILLWATER TOWNSHIP June 24, 2004 Stillwater Town Hall . CURTISS VARIANCE HEARING AT 7:00 PM BEFORE REGULAR MEETING STARTS Regular Meeting: 7:00 P.M. Chair: Johnson Call To Order A!!enda: Adopt Minutes: Approve Minutes: Regular Town Board Meeting June 10,2004 Treasurer: 1. Claims and Checks 2. Attornev: 1. Update Building Inspection Contract 2. Planner: 1. Park Plan 2. A TV and Motorbike Ordinance En!!ineer: 1. . Clerk: 1. Committees: 1. Park Committee 2. Planning Commission Appoint Mr. Busse to Planning Commission Peoole Portion: 8:00 Chief of Police Report Old Business: 1. 2. New Business: 1. Landowner Guide Discussion Adiourn: Notes: . 6/21/2004 Pat Bantli . June 24, 2004 STILLWATER TOWN BOARD MEETING Town Hall 8:00 P.M. PRESENT: Chairperson David Johnson, Supervisors Sheila-Marie Untiedt, Jim Hiniker and Jim Doriott. Also, Treasurer Gloria Sell, Attorney Soren Mattick, Planner Dick Thompson and Police Chief Steve Nelson. 1. AGENDA - M/S/P Untiedt/Hiniker moved to adopt the agenda as amended. (4 ayes) 2. MINUTES - M/S/P Hiniker/Doriott moved to approve the 6/10/04 Stillwater town board meeting minutes as written. (4 ayes) 3. TREASURER - Checks #16807 thru #16824 were reviewed and approved. . 4. AlTORNI:'(- 1. M/S/P Hiniker/Doriott moved to adopt the Minnesota State Building Code as Ordinance #131. (4 ayes) 2. Mr. and Mrs. J. Rogoff were present to discuss problems with the intrusion of an ATV being used next to their property. The development of an ordinance regulating ATV's and dirt bikes in the township will be referred back to the planning commission with new information. In the meantime the attorney will intervene. 5. CHIEF OF POLICE REPORT - 1. A letter was received from Lee Gohlike describing what he'll do to keep the noise level down at the Outing Lodge. 2. Mentioned that a Post Board accreditation was received by Steve. 3. Dog impounds are on the increase lately. 4. Wild animal sightings are on the increase - bears, fox, coyotes, a cougar and a panther. 6. PLANNING COMMISSION APPOINTMENT - M/S/P Doriott/Untiedt moved to appoint Norman Lee Busse to the planning commission. (4 ayes) 7. (;AROFALO SIGN PLACEMENT - The planner will contact Mr. Garofalo about moving his sign. .. ASSISTANT ZONING ADMINISTRATOR, - M/S/P Hiniker/Untiedt moved to approve ~uilding inspector Jack Kramer as the assistant zoning administrator. (4 ayes) Stillwater Town Board Meeting - 6/24/04 Page Two 9. SEALCOAT PROJECT AND DUST CONTROl, - There was a brief discussion about the. current sealcoating work on Mendel Road. Dust control will be applied at the end of next week. 10. PARK COMMITTEE REPORT - 1. M/S/P Untiedt/Doriott moved that up to $500.00 may be spent on posts and a net for the volleyball court. (4 ayes) 2. The eagle scouts may build a large sandbox for the little kids. There is also the possibility of a basketball court for them. 3. Sandy Fundingsland has asked for a trail along Arcola Trail. The cost and feasibility will be researched. 11. LANDOWNER GUIDE; - The guide will be sent to the Docksteaders regarding conserving forests in case they want to take part. 12. ADJOURNMENT - Meeting adjourned at 10:20 p.m. Clerk Chairperson . Approved e . June 24, 2004 CURTIS VARIANCE HEARING #2 Town Hall 7:00 P.M. PRESENT: Chairperson David Johnson, Supervisors Sheila-Marie Untiedt, Jim Hiniker and Jim Doriott. Also, Treasurer Gloria Sell, Attorney Soren Mattick, Planner Dick Thompson and Police Chief Steve Nelson. The purpose of this meeting is to clarify variance considerations from the last hearing. Attorney Tim Kelly representing the landowner was present for clarification. The land in question is a 2.07 acre lot of record on Norell Avenue North in Stillwater Township. There is a .97 acre building site that is .03 short of the required 1 acre. Conditions for consideration are: 1. 1591 square feet footprint 2. 100 feet patio and pervious deck . 3. no additional building on site 4. no increased run off 5. tree removal will be limited to necessary ones for installing or building allowed items. Currently no additional buildings will be allowed. The variance is as it is and any changes must come back to the board as a new variance. John Bower (Carnelian Marine Watershed) expressed that the board did a good job protecting the area with the variance as written. Michael Kaye lives up the road from the Curtis property. He feels that the decision will effect us for a long time. A significant portion of the Silver lake Watershed is on his property. It handles water for a large area. Water exits the culvert and is dispersed to the lowland forest. Mr. and Mrs. Kaye are dedicating some of their land for the watershed. He does not see the house as an issue but the removal of trees and deadfall. Fred Brandt expressed that he has a portion of the Silver Creek Watershed on his property. He does not want to see the natural flow impeded. He wants a no vote for the variance that impacts Silver Creek. Reasonable use of the land is not what .hiS variance allows. There are negative ramifications. A house should not be built on this fragile land. The natural watershed must be preserved. There is no regard for the folks who are interested in taking care of the land. Curtis Variance Hearing #2 - 6/24/04 .0 Page Two A message was relayed from Mary Meinecke. "No Variance." . Steve Levine has interest in the creek remaining as natural as possible. Mrs. Polasik expressed that she and her husband are working hard to take care of their end of the creek which flows east going through Fairy Falls. Rod Peterson asked why we have a watershed district with no power to stop the building of a house on the Curtis lot? Tom Polasik mentioned that little things can build up and there can be reactions downstream. Nothing can be done on the Curtis lot until studies are completed. The community can review it. Professionals will review the results. It was expressed that people downstream also have property rights. Hard work has gone into saving the watershed. Rosemary Ranalla is concerned because Silver Creek goes by some of her property. She also asked if the house will be rented. David Johnson relayed that the variance puts restrictions on the area. We have more. control than without a variance. The board is willing to consider: 1. 1600 footprint 2. pervious surface 3. no additional structures 4. no additional run-off 5. landscape plan - no trees or vegetation that would be disruptive 6. minor yard area 7. pervious driveway 8. drainage easement through the property 9. contours that don't disallow drainage. Hearing closed 7:55 p.m. Clerk Chairperson . Approved . June 10, 2004 STILLWATER TOWN BOARD MEt: lING Town Hall 7:00 P.M. PRESENT: Chairperson David Johnson, Supervisors Jim Hiniker, Duane Laabs, Jim Doriott and Sheila-Marie Untiedt. Also, Engineer Paul Pearson and Attorney Soren Mattick. 1. AGENDA - M/S/P Laabs/Doriott moved to adopt the agenda as amended. (4 ayes) 2. MINUTES - M/S/P Untiedt/Laabs moved to approve the 5/27/04 Stillwater town board meeting minutes as written. (4 ayes) 3. TREASURER - Claims were reviewed and checks #16785 thru #16806 were approved for payment. . 4. ATTORNEY- 1. It was reported that Jack Kramer is dealing with present permits at this time and will work on finishing up past permits as things settle down. Duane Laabs mentioned that from personal experience he has seen the thorough manner in which Jack is handling building inspection matters. 2. Mr. and Mrs. Lee Gohlike were present to question a complaint letter that they received from the township attorney regarding loud music emanating from their inn that was disturbing nearby residents. The part of their planned unit development contract that relates to this issue will be forwarded to Mr. and Mrs. Gohlike. It was suggested that an attempt be made to keep the sound at a level that does not annoy the neighbors. Jim Hiniker arrived. 5. BUSSE REZONING - M/S/P Untiedt/Doriott moved to accept the recommendation of the planning commission to allow the removal of the conservancy overlay designation on the Busse 20 acre parcel and to rezone it to agriculture (A-4). Before the applicants can subdivide the parcel they will need to request the creation of a second lot and present a certificate of survey to the township to insure that a second lot is buildable and meets the requirements of the Stillwater Township Zoning Ordinance. Conditions may be imposed upon the minor subdivision to limit any negative impacts on Brown's Creek. ( 5 ayes) _. BITUMINOUS R.QAD MAINTENANCE PROJECT - M/S/P Laabs/Hiniker moved to approve the following expenditures: Stillwater Town Board Meeting - 6/10/04 Page Two Magnum Company, LLC (overlay road work) Shoulder work by Raleigh Carnelian Shores curb work by Raleigh Total (5 ayes) $117,344.50 $ 7/000.00 $ 11.192.00 $135/536.50 . 7. SEALCOAT PROJECT - The sealcoating project will start next Tuesday or Wednesday depending on the weather. 8. KENNEL PERMITS - M/S/P Hiniker/Laabs moved approval of the Watson and Lassonde Kennel permits for 2004 - 2006. (5 ayes) 9. PARK. PLANNING APPLICANTS - Sue Miller, park committee applicant and Norman Lee Busse, planning commission applicant will be invited to the next town board meeting. 10. ADJOURNMENT - Meeting adjourned at 8:25 p.m. Clerk . Chairperson Approved . Diane Ward .rom: ent: To: Subject: Pat Raddatz [Pat.Raddatz@co.washington.mn.us] Thursday, June 17,2004 12:09 PM Pat Raddatz Washington County Board Agenda - 6/22/04 Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County, County Board Agenda June 22, 2004 * 9:00 a.m. 1. 9:00 - Roll Call Pledge of Allegiance 2. 9:00 - Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue ~hat is part of Washington County's responsibilities. The chair. may also limit the number ..,f individual presentations to accommodate the scheduled agenda items. 3. 9:10 - Consent Calendar 4. 9:10 - Public Hearing - Assessment, Taxpayer Services and Elections * Kevin Corbid, Director Name a Previously Unnamed Body of Water 5. 9:30 - Community Services * Mary Farmer-Kubler, Supervisor Establish Competitive Allocation Strategy for the Community Development Block Grant 6. 9:40 - Community Corrections * Dawn Miller, Supervisor Return Intensive Supervised Release Services and Funding to MN Department of Corrections 7. 9:50 - Transportation and Physical Development * Don Theisen, County Engineer Environmental Initiatives in Road and Building Construction 8. 10:10 - General Administration * Jim Schug, County Administrator 9. 10:20 - Commissioner Reports * Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action ~uring this time. Any action necessary because of discussion will be scheduled for a ~ture board,meeting. 10. Board Correspondence 11. 10:40 - Adjourn 1 12. 10:45 to 11:15 - Board Workshop with Community Services Review Trends and Significant Accomplishments in Veterans Services 12:15 to 2:00 - Board of Equalization (Continued from June IS, 2004) . ************************************************************************ Reminder: No Board Meeting On June 29 (5th Tuesday) Meeting Notices June 22 - Personnel Committee 8:30 a.m., Washington County Government Center June 22 - Internal Audit Advisory Committee 4:00 p.m., Washington County Government Center June 23 - Metro Transitways Development Board 8:30 a.m., 2099 University Avenue West * St. Paul June 23 - Mosquito Control 9:00 a.m., 2099 University Avenue West * St. Paul June 23 - Regional Solid Waste Coordinating Board 10:30 a.m., 2099 University Avenue West * St. Paul June 24 - Community Corrections Advisory 7:30 a.m., Washington County Government Center June 24 - Resource Recovery Budget Committee 8:30 a.m., 1670 Beam Avenue * Maplewood June 24 - Red Rock Corridor Commission 3:30 p.m., 7516 80th Street South * Cottage Grove . June 24 - Public Health Emergency Preparedness 5:30 p.m., Washington County Government Center June 28 - Library Board 6:30 p.m., 8595 Central Park * Woodbury June 29 - Planning Advisory Commission 7:00 p.m., Washington County Government Center ************************************************************************ Washington County Board of Commissioners Consent Calendar * June 22, 2004 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. The following items are presented for Board approval/adoption: Administration A. Approval of the June 8 and IS, 2004 Board meeting minutes. Assessment, Taxpayer Services and Elections B. Approval of abatement request for PID# 04.032.21.12.0009 in the amount of $10,860, the City of Forest Lake. in . Community Services C. Approval of Washington County Community Services/Child Care Resource and Referral Program to receive $60,000 in state and federal funds for SFY 2005. 2 Transportation and Physical Development .D. Approval of resolution, cooperative agreement with the City of Cottage Grove for the onstruction and maintenance of street lighting at the intersection of CSAH 19 and CR 19a. E. Approval of resolution, cooperative agreement with the City of Stillwater for traffic signal painting services. F. Approval of resolution, final payment to Peterson Stucco in the amount of $83,975 for exterior stucco for the North Shop. Pat Raddatz, Administrative Assistant Washington County Phone: (651) 430-6014 e-mail: pat.raddatz@co.washington.mn.us . . 3 Community Volunteer Servi€e and Senior Centers Connecting People . ~ Enriching lives, . Mayor Jay Kimble June 16, 2001 City Council Members City ofStiJJwater 216 N . 4th S t. Stillwater, MN 55082 Dear Mayor Kimble and Council Members Please accept our requestJor financial support in the amount of$15,000forgeneral operating funds for the programs of Community Volunteer Service and Senior Centers. We are tequestingfunding to support the programs that we will provide tbthe residents of Stillwater during 2Q05.We realize that cities 'must make hard ch{)ices about how they spend their funds. The services provided by CVS and Senior Centers are essentialandrecessary to the residents of Stillwater. Our Senior Centers continue to provide quality programs for Stillwater's senior: population. We anticipate an ever-increasing rise in this community's seI1ior population as senior housing projects add to the diversityofhqusing options in the city, During' 2003 we served 2,398 seniors. by providing education, socialization and enrichment.. .. activities. The Senior Center is proud to have had 88 senioV-;v6Iunteersprovides, 116 hours of service to the community. CVScontinues to plan for future needs while meeting the needs of to day's seniors. I have included arecent newsletter for information on out current programming. . The Volunteer Center currently has thousands of volunteer opportunities listed all' our database. We provide an on-line searchable database for residentspThis allows people in your community to have access to volunteer opportunities21 hollrs a: dayand is available onout web site, www.volunteercvs.org-. As this community grows the need . for acentralizedvolunteer referral system js even more important fa ensure community involvement. The CVS Volurteer Center is rea<;lytoprovide this service in the greater Stillwater area. Most nonprofit agenciesrely on the support of volunteers to deliver their programs. The Volunteer Center assists these agenc:ieswith recruitmen~ and promotion. During 2003 we were able to refer 3;168 volunteers t6 positions that serve the residents of Stillwater. Neighborhood Service Exchange has made a significant difference inthe lives of our community lllembers. Seniors, families and people with disabilities exchanged hundreds of hours of service sharing a variety of skills.. During 2003 this program received . national attention with coverage.inthe Readers Digest~ Better Homes and Gardens and NationalPublic Radio as a successful example of how to strengthen neighborhoods. This program helps keep people connected to their neighbors and also ineetstheneed for direct services ill our eldei-ly, low inco . and disabled poptl]a~i,oll' .. 2300 Orleans St w. Stillwater, MN 55082 . www.volunteercvs;org . Transportation continues to be an issue for many ';Vashington County residents. We continue to help those people in Stillwater who have no way to get to the doctor or other support programs. We are able to provide this service only with the help of many caring volunteers and financial support fi'om the community. During 2003,29 volunteer drivers provided service to 8'""; Stilhvater residents allowing them to keep '"";92 appointments. Currently, there are no plans to expand public transportation in this county and the needs of our residents continue to increase. Low-income families and medically fragile seniors have few options to get to necessary appointments. CVS will continue to provide volunteer drivers to help meet this gap in service. In 2003 the Holiday Bureau served 388 Stillwater families, seniors and adults with disabilities. We encourage community participation through direct sponsorship, financial support, and/or donation of gifts for distribution to members of our community that are experiencing difficulties. . We hope the City of Stillwater sees the value of our services to this community and is able to provide financial support for 2005. We provide the only Senior Center in the area; Volunteer transportation is the only option for many residents; and the support provided by volunteers in this community is made possible in large part by the V olunteer Center. The services provided by CVS are necessary and important to the residents of Stillwater as we strive to strengthen the city of Stillwater by Connecting People7 Enriching Lives. I have enclosed our 2003 annual report. Thank you for your consideration of this request. Our Associate Director, Mary Weber, or any member of our Board would be happy to share our story with the City Council. Please contact Mary if you would like to arrange for this. Best Regards, L<<JL{~ tL<.1C I )(fA-,0 Julie Aidman, President, Board of Directors Community Volunteer Service and Senior Centers .