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HomeMy WebLinkAbout2002-02-05 CC Packet AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO. 02-03 Council Chambers, 216 North Fourth Street February 5, 2002 .e REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. . PETITIONS, INDIVIDUALS, DELEGATIONS & CO 1. Nate Meredith - Officer of the Ye 2. Dave MacGillivray, Springst rding bond rating update 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Engineering Project Status Report STAFF REPORTS 1. Police Chief 2. Fire Chief 3. City Clerk 4. Director of Admin 7. City Attorney 8. City Administrator CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Possible approval 5, 2002 regular minutes OPEN FORUM The Open Forum is a portion not a part of the meeting age statement or may give dir . meeting to address Council on subjects which are uncil may take action or reply at the time of the egarding investigation of the concerns expressed. CONSENT AGENDA* 1. Resolution 20 2. Approval of g 3. Utility bill adjus 4. Approval Saturd Reso Req R payment of bills - Church of St. Michael - March 9, 2002 ts by Matt Brine to hold Brine's Bocce-Ball Tournament on . 002-2 ,designation of additional depositor for 2002 u ase Antivirus software ase computer - Engineering ody wire for investigators - Police Department 2002-28, exempting Larry D. Hansen from resolution 2001-201 and allowing cipation in ICMA-RC Deferred Compensation Plan 10. R f.ution 2002-29, approval of State of Minnesota, annual plan joint powers agreement relating to underage compliance check 11. Resolution 2002-30, a resolution approving exclusion of Larry D. Hansen from the Public Employees Retirement Association (PERA) 12. Resolution 2002-31, amending section 10-3 sick leave of the personnel policy 13. Resolution 2002-32, approval of investment policy 14. Approval of temporary liquor license - Valley Chamber Chorale - Washington County Historic Courthouse - April 26-28, 2002 15. Approval of temporary liquor license - Valley Chamber Chorale - Washington County Historic Courthouse - December 6-8, 2002 16. Resolution 2002-33, approving 2002 memorandum of continuance for Goodwill attended donation center 17. Resolution 2002-34, approval of access agreement with the State of Minnesota . Department of Public Safety 18. Resolution 2002-35, approval of Change Order #3 Public Works Facility Project (Project 9619) PUBLIC HEARINGS 1m Nolde harter and setting public UNFINISHED BUSINESS 1. Two stall garages on Liberty Cottage lots 2. Possible second reading of Ordinance No. 917, an ordinance a regulations (Ordinance) 3. Possible approval of 2002 Lumberjack Days Agreement ( NEW BUSINESS 1. Request to purchase City owned land for multi-famil 2. Possible first reading of ordinance amending the Still hearing for February 19, 2002 3. Community Development Block Grant (CDBG) 4. Approval of plans & specifications for McKusic PETITIONS INDIVIDUALS DELEGATIONS & COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS . STAFF REPORTS (continued) ADJOURNMENT * All items listed under th will be enacted by one Council Member or iti consent agenda a da are considered to be routine by the City Council and will be no separate discussion on these items unless a ests, in which event, the items will be removed from the separately. . eEGULAR MEETING RECESSED MEETING AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO. 02-03 Council Chambers, 216 North Fourth Street February 5, 2002 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Engineering Project Status Report 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 o address Council on subjects which are not a part of or reply at the time of the statement or may give direction pressed. APPROVAL OF MINUTES PETITIONS INDIVIDUALS DELEGATIONS & COM 1. Nate Meredith - Officer of the Year .PEN FORUM The Open Forum is a portion of the Co the meeting agenda. The Council ma to staff regarding investigation of the CONSENT AGENDA * 1. Resolution 2002-26, directi 2. Approval of gambling permit 3. Utility bill adjustments 4. Approval of request by Matt Brine to hold Brine's Bocce-Ball Tournament on Saturday, February 9 5. Resolution 2002-27, designation of additional depositor for 2002 6. Request to purchase Antivirus software 7. Request to purchase computer - Engineering 8. Purchase of body wire for investigators - Police Department 9. Resolution 2002-28, exempting Larry D. Hansen from resolution 2001-201 and allowing participation in ICMA-RC Deferred Compensation Plan 10. Resolution 2002-29, approval of State of Minnesota, annual plan joint powers agreement relating to underage compliance check 11. Resolution 2002-30, a resolution approving exclusion of Larry D. Hansen from the Public Employees Retirement Association (PERA) 12. Resolution 2002-31, amending section 10-3 sick leave of the personnel policy 13. Resolution 2002-32, approval of investment policy 14. Approval of temporary liquor license - Valley Chamber Chorale - Washington County Historic . Courthouse - April 26-28, 2002 15. Approval of temporary liquor license - Valley Chamber Chorale - Washington County Historic Courthouse - December 6-8, 2002 of bills rch of St. Michael- March 9, 2002 16. Resolution 2002-33, approving 2002 memorandum of continuance for Goodwill attended donation center PUBLIC HEARINGS UNFINISHED BUSINESS . 1. Two stall garages on Liberty Cottage lots 2. Possible second reading of Ordinance No. 917, an ordinance amending the fence regulations (Ordinance) 3. Possible approval of 2002 Lumberjack Days Agreement (Resolution) NEW BUSINESS 1. Request to purchase City owned land for multi-family housing - Tim Nolde 2. Possible first reading of ordinance amending the Stillwater City Charter and setting public hearing for February 19, 2002 3. Community Development Block Grant (CDBG) application for 2002 (Resolution) 4. Approval of plans & specifications for McKusick Lake Diversion Project (Resolution) PETITIONS INDIVIDUALS DELEGATIONS & COMMENDATIONS COMMUNICATIONS/REQUESTS * All items listed under the consent agenda ar enacted by one motion. There will be no s citizen so requests, in which event, the it separately. to be routine by the City Council and will be ssion on these items unless a Council Member or. oved from the consent agenda and considered COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT . 2 r ) . . . STATUS REPORT ON ENGINEERING PROJECTS FOR 2002 INTRODUCTION Council has indicated they might be interested in receiving periodic updates on the status of engineering projects. Therefore, the following is a report that lists each project, provides a brief description and a ranking of priority. Also included in this report is a summary of the . engineering department billable hours for 2001. The status report breaks down the projects into three primary categories. First category includes all projects that have either been approved by City Councilor are currently under construction. These are the projects that require oversight by engineering field personnel and ongoing project coordination by office staff. The second broad category of projects includes those that' are in the design phase and engineering staff is currently actively working towards completion of plans and specifications. These are the projects that we expect to spend the majority of our design hours throughout the year 2002. The third and final category of projects is titled Projects with Continuing Activity. This category includes those projects where staff continues to work to move the projects forward and other projects that are currently on the list waiting to be worked on. These projects tend to have factors that delay prompt completion such as lack of financing, lack of easements or timing factors. After listing each project, a relative rating is given. The rating is a qualitative measurement of the amount of staff time necessary to keep the project going as well as a weighting of the priority to the City. Projects with 4 stars have high demand for stafftime and a high priority for completion. Projects with 1 or 2 stars either have low stafftime dedicated or a lower priority for completion. Those projects with no stars are projects that are on the list but have seen little or no activity. Following the rating ofthe project, a brief description is given. The description might include project status, timeline, description and notes of interest. PROJECT STATUS REPORT I. PROJECTS UNDERWAY Project Name Rating Project Description 1. Public Works.Facility **** Construction ofa $55 million Public Works Building to #9619 be completed November 2002. Engineering Staff provide project oversight and coordination. To date this project is on budget and on time. Settler's Glen *** This is a new development in the Phase II Annexation #2000-12 Area that will include 385 single family and toWnhome units. Staff provides engineering review and project oversight 2. II. PROJECTS IN DESIGN PHASE Project Name North Hill Improvement 1. . Project #2000-15 2. 2002 Street Improvement Project 2002-02 Rating **** **** Project Description Last July, City Council directed Staff to work on alternative funding options and preliminary design on this project. Staff has worked with the neighborhood on a task force, worked to get soil borings, collected surveying information and started design. Also staff continues to work to obtain funding from various government entities. In order to implement the pavement management program, we determined we needed to complete roughly $1 million of street improvement projects per year. This project will finish out most ofthe remaining Croixwood area streets. 2 . . . 3. McKusick Lake Diversion *** Staff continues to put a large amount of effort into Project completion in the Trout Stream Mitigation Project to #2002-04 protect Brown's Creek from development impacts. Over the last four years we have built a series of projects to accomplish this. This is one of the final projects and it involves diverting development runoff into McKusick Lake and into the McKusick Ravine. Lift Station Alarms *** The Public Works Department continues to have #2002-05 significant problems with the alarm systems and control systems on many of the lift stations. 2002 budget includes money to upgrade to a radio alarm and control system. Staff is meeting with a large number of vendors and contractors to ensure we get the best product for this new system. , 4. III. PROJECTS WITH CONTINUING ACTIVITY Project Name Rating Project Description 1. 2002 Seal Coat Project *** Every year the City does a seal coat project to resurface #2002-03 older blacktop to reduce oxidation and wear on the surface. In past years, we have piggybacked on the County seal coat project. Unfortunately this year the County will not do a seal coat project so City staff will either do ajoint project with the neighboring city or do a individually city project. Long Lake Surface Water ** Two years ago the city did a $750,000 assessment to Management Proj ect make water quality improvements in the area #9721 A "Market Place surrounding Marketplace. These improvements are for Surface Water" the purpose of improving water quality. Staffis currently working on construction of "Benson Pond", a pond in the highland neighborhood, and expansion of the Anderson Pond the pond located along Hwy 36 in front of the Anderson Windows building on Washington Avenue. Territorial Prison Storm ** Staff has been working with Barr Engineering to . Water and Retaining Wall complete plans and specifications for the improvements Improvements to the City storm water system and prison wall to allow #9737 for development of this site. Development of the plans was nearing completion last year but has been tabled due to the change in development concept. This project could become activated again if development proceeds this spring. 2. 3. 3 4. Lily Lake Water Quality ** A couple years ago, City Council accepted a report that Improvements described a number of improvements to the Lily Lake #9621 Watershed for the purpose of enhancing water quality. There are still a large number of improvements to be made including halting erosion on the Driving Park Ravine, the Greeley Street diversion, the Olive Street diversion and improvements to the Linson Circle storm sewer. These projects are somewhat dependent on financing and best constructed as part of our road reconstruction project. 5. Long Lake Flood Control ** Since 1996 the City has been looking at ways to reduce Project flooding on Long Lake. At this time staff is working #9615 with DNR and the Liberty Developers to see if there is opportunities to do a joint construction project that would benefit the developer and the City. 6. Curve Crest Pedestrian * There has been criticism in the community concerning Path the lack of pedestrian access and safety along Curve #9813 Crest Boulevard. Staff continues to work on a revised feasibility report and design alternatives for the construction of a pedestrian route in this area. 7. Phase IV Expansion Area * The City's orderly annexation agreement breaks down Study expansion into phases. Currently there are a number of #2002-06 property owners in the Phase IV area that desire the opportunity to develop prior to 2015. The City has detennined a study is necessary prior to allowing any additional development in the Phase IV area. Staff is working with a consultant on this issue. 8. City Wide Stop Sign * Last year the City hired a consulting traffic engineer to Study provide the City with a general study ofthe City's stop #2001-29 sign inventory. Over time the number of changes throughout the City and sometimes haphazard placement of stop signs requires a comprehensive study be completed. This study is nearing completion. 9. Levee Wall Phase III * Funding for this project is still up in the air, but ifit is resolved, significant effort will be required 10. Sidewalk Rehabilitation N/A Every couple of years the City completes a rehabilitation . Proj ect of existing sidewalk. The purpose ofthese projects is to make sure that existing sidewalk is safe for pedestrians. Possibly this summer the City could use an engineering intern to complete another inventory of sidewalk conditions 11. Sidewalk Ramps N/A Last year the City completed an inventory of sidewalk ramps throughout town and found that we lack ramps at a significant number of locations. City needs to develop a fonnal plan for installing sidewalk with walk ramps at all these locations. 4 '. ". -,' . . . 12. Boutwell Road N/A Boutwell Road has a number of deficiencies. It lacks Improvements storm sewer, residents have requested a guardrail and the #2000-17 street itself is a rural section and substandard State Aid street. As development pressures continue along Boutwell Road, it will soon become necessary to improve this street and add a pedestrian path. Myrtle Ravine N/A Starting a Myrtle and 5'" Street and traveling South and West, is a ravine that ends up near Williams Street. This ravine has some erosion problems which at some point in the future may need to be addressed. Staff has walked this ravine and there is no imminent threat of nature erosion or failures. 13. SUMMARY As shown in the above description and the attached engineering department billable hours sheets, engineering staff is working on a large number of projects. This is a very ambitious list for a city the size of Stillwater. It reflects the Councils interest in maintaining and upgrading our existing infrastructure and managing development to the benefit ofthe City as a whole. Given all these items plus the day-to-day issues of assisting residents, contractors and other departments, it is optimistic to think even the items of highest priority will be completed on schedule. Therefore, it is important that Council carefully weigh the need for new studies or projects since changes in direction or priority can cause significant disruption in the completion schedule of projects already underway. At times of great need and on projects requiring special expertise, the City staff does recommend the use of outside consultants. It should be noted however that even outside consultants require significant assistance and oversight. Currently we probably complete less than 30% of all the engineering work in house. During times that are less busy this number will probably increase to about 50-60%, which is a good mix. It appears for the next three or four years, while the pace of development remains high and we complete major projects such as the North Hill project, city staff will continue to strain to keep up with the significant project load. \J 5 FEB-05-2002 TUE 04:02 PM CITY, OF, BAYPORT 6514397188 p, 01 . February 5, 2002 Mayor and City Council City of Stillwater 216 N 4th Street Stillwater, MN 55082 Dear Mayor and City Council: The Mayor and Council of the City of Bayport have requested that I assist them as Interim Administrator until they are able to hire a new City Administrator. I have agreed to do so. However, I wiH remain employed by the City of Stillwater until my official retirement date of March 31,2002. Therefore, I am requesting your approval ofth.is interim position with the City of Bayport. I have met with Mr. Hansen and 1 have assured him that I will mal(e myself available as may be necessary in order to make the a.dministrator transition at the City of Stillwater complete. . Thank you for your consideration. Sincerely, ~ /~-# ~X~-k~ 'Nile- L. Kriesel . LOCATION:6514397188 RX TIME 02/05 '02 16:48 CITY OF STILLWATER CITY COUNCIL MEETING NO. 02-02 January 15, 2002 SPECIAL MEETING . The meeting was called to order by Mayor Kimble at 4:30 p.m. Present: Councilmembers Bealka, Milbrandt, Zoller and Mayor Kimble Absent: Councilmember Rheinberger Also Present: City Administrator Kriesel Administrator Hansen City Engineer Eckles City Attorney Magnuson Fire Department Chief Kallestad Police Chief Dauffenbach Director of Administration Kadin City Clerk Ward 4:30 P.M. Press: Julie Kink Stillwater Gazette OTHER BUSINESS . Dave MacGillivray, Springsted Inc provided Council with information regarding the bond issuance and sale of $7,840,000 General Obligation Capital Outlay Bonds, Series 2002A. He also stated that the Moody's Investors Services has upgraded the City of Stillwater's bond rating to an A 1 bond rating. He also stated that this rating reflects the City's growing tax base, favorable financial position, and moderate debt levels. The upgrading of this rating is a reflection of good financial management of Mr. Kriesel, the finance department, and current and previous councils. City Administrator Kriesel credited the reduction of bond rating to the finance department, Sharon Harrison and Council. Motion by Councilmember Zoller, seconded by Councilmember Milbrandt to adopt Resolution 2002-19, resolution authorizing issuance, awarding sale, prescribing the form and details and providing for the payment of $7,840,000 General Capital Outlay Bonds, Series 2002A. All in favor. Ayes: Nays: Absent: Councilmembers Bealka, Milbrandt, Zoller and Mayor Kimble None Councilmember Rheinberger Motion by Councilmember Zoller, seconded by Councilmember Milbrandt to adopt Resolution 2002-20, supplemental resolution relating to $7,840,000 General Obligation Capital Outlay Bonds, Series 2002A. All in favor. . Ayes: Nays: Absent: Councilmembers Bealka, Milbrandt, Zoller and Mayor Kimble None Councilmember Rheinberger City Council Meeting No. 02-02 January 15, 2002 Parks & Open Space Task Force - Update Mr. Dave Junker provided an update on the progress of the Parks & Open Space Task . Force. He stated that the task force has reviewed already prepared improvement plans, possible revenue sources and who benefits and who pays for the improvements. He also stated that Representative Holsten and Senator Bachmann have been contacted regarding the possibility of carrying a bill to support a proposed tax to help pay for the improvements. Representative Holsten and Senator Bachmann requested that a survey of the residents be done to see how the residents feel about it. Mr. Junker stated that the Cultural Enhancement Program developed by the task force was presented to the Chamber of Commerce and received unanimous support to proceed with the community survey. Mr. Junker stated that the task force is requesting up to $20,000 to prepare brochure to distribute to all City residents and businesses and conduct an attitude survey. Mr. Kevin LaCasse stated that this community survey would determine if we go to the next step and is not approval for the entire package. Mayor Kimble suggested that a member ofthe task force appear on the City Scene to explain the improvements and the revenue sources. Motion by Councilmember Bealka, seconded by Councilmember Milbrandt to adopt Resolution 2002-21, authorizing the expenditure for brochure and community surveyfor Cultural Enhancement Program by the Parks & Open Space Task Force. ._ All in favor. Ayes: Councilmembers Bealka, Milbrandt, Zoller and Mayor Kimble Nays: None Absent: Councilmember Rheinberger Pavement ManaQement Civil Engineer Sanders reviewed the Pavement Management Program. He stated that approximately ~ of the City's 80 miles of streets were rated. He also stated that proposed 2002 Street Improvements would be in the Croixwood area. He recommended that continued budgeting of $1 M in capital improvement fund for future street projects and keep assessment rates at 50-60%. Mr. Sanders stated that the 5-year CIP shows that money is available for a street project in 2002 but because of the North Hill Sewer project, funds would not be available until 2004. He also stated thatduring 2003 where money is not available, State Aid roads such as Boutwell Road, Pine and Greeley Streets could be the street project for that year. Public Works Director Eckles stated that planning and continuation of funding for streets is very important. He stated that there may be a few streets that will deteriorate faster or that we have missed that may be need to be done sooner. . Page 2 of 10 'City Council Meeting No. 02-02 January 15, 2002 Councilmember Zoller asked if some smaller areas could be attached to this project such as a mill and overlay in some areas. . Mr. Sanders stated that staff would work within the budget so this project could include some minor repairs. Mr. Eckles stated this could be done, but sometimes to do a mill and overlay could cause more problems if there is not much to work with. Councilmember Bealka asked about Brick Street and when that would be done. Mr. Eckles stated that that the next phase of the Lily Lake Improvement Project includes a section of Greeley Street that is in good shape and has a life of 5-6 years. He stated that it would be Council's decision on whether to get the life out of the street or move ahead with the Lily Lake project. Councilmember Bealka asked about affect on taxpayers. Mr. Eckles stated that the policy has been 60-40% assessment and the rest is paid by the City. Council member Milbrandt stated either way it comes from the taxpayer. . Council member Zoller asked how it was determined to leave streets alone, reconstruct the streets or give a short-term fix. Mr. Eckles stated that he does not get calls to have to a street fixed. He stated that the streets that need to be reconstructed can sometimes be left alone and sometimes it is better to mill and overlay the streets that are not as bad. Council member Zoller referred to Morningside and stated that there is a section that should be milled and overlay until the rest goes bad. Mr. Eckles stated that the budget is not set up to do a mill and overlay as a maintenance project. Councilmember Milbrandt asked what if the assessment process was not used, increase the tax levy, and have an aggressive plan to do the streets. He also thanked Mr. Sanders for the planning document and complimented his work. Motion by Councilmember Zoller, seconded by Councilmember Milbrandt to adopt Resolution 2002-22, resolution ordering feasibility report for the 2002 street. improvement project (Project 2002-02) and to add some small sections of streets that need repair to this project. All in favor. . Ayes: Nays: Absent: Councilmembers Bealka, Milbrandt, Zoller and Mayor Kimble None Councilmember Rheinberger Page 3 of 10 City Council Meeting No. 02-02 January 15, 2002 Conference Attendance Mayor Kimble reviewed the request for attendance at the International Association of Dive e. Rescue Specialists Annual Conference on February 2-9 in Cleveland, Ohio. Motion by Councilmember Bealka, seconded by Councilmember Zoller approving expenditure for the flight for attendance at the International Association of Dive Rescue Specialists Annual Conference. All in favor. REGULAR MEETING 7:00 P.M. The meeting was called to order by Mayor Kimble at 7:00 p.m. Present: Councilmembers Bealka, Milbrandt, Zoller and Mayor Kimble Absent: Council member Rheinberger Also Present: City Administrator Kriesel Administrator Hansen City Engineer Eckles City Attorney Magnuson Fire Department Chief Kallestad Police Chief Dauffenbach Director of Administration Kadin City Clerk Ward Press: Julie Kink Stillwater Gazette APPROVAL OF MINUTES . Motion by Councilmember Bealka, seconded by Councilmember Milbrandt to approve the January 8, 2002 minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Update on legislative Bill on the restriction of the sale and use of phosphorus fertilizer, and request for City assistance in funding lobbying efforts - Jim McGreevy Mr. Jim McGreevy, larkin, Hoffman, Daly & Lindgren, Ltd., provided the history and overview of the Minnesota Water Quality Partnership in relation to the use of phosphorus lawn fertilizer. He stated that the Minnesota Water Quality Partnership is advocating the passage of legislation at the upcoming legislative session for a state-wide restriction on the sale and use of phosphorus lawn fertilizer. He requested the support of the City Council and requested funding from the City to assist in lobbying efforts. City Administrator Kriesel stated that the City has a fertilizer ordinance, and that the point of sale is the issue as far as enforcement. Motion by Councilmember Bealka, seconded by Councilmember Milbrandt authorizing . the expenditure of $1,000 to the Minnesota Water Quality Partnership for lobbying efforts in the restriction of sale and use of phosphorus lawn fertilizer. All in favor. Page 4 of 10 . . . 'City Council Meeting No. 02-02 January 15, 2002 Metropolitan Council - Bus Service Update Mr. Bruce Drier, Metropolitan Council, provided Council with an update on bus services for the City of Stillwater. He stated this change would be advertised so that residents and current riders are aware of the change. Mr. Drier stated that notification would be done to inform the community. He also stated that the changes would be in effect on March 16, 2002. Presentation of retirement plaque to Nile Kriesel, City Administrator Mayor Kimble presented a retirement plaque to Nile Kriesel. He thanked and commended Mr. Kriesel for his service to the City for over 23 years. Previous Councilmembers Thole and Cummings were present and thanked Mr. Kriesel for his dedication to the City of Stillwater. City Administrator Kriesel thanked the present and past Councils, staff, and his family. Mayor Kimble recessed the meeting at 7:40 p.m. Mayor Kimble reconvened the meeting at 8:15 p.m. OPEN FORUM Mr. David "Choc" Junker expressed concern on the size of Lumberjack Days and stated that the hiring of additional police officers would be unnecessary if the event was scaled back to its original concept of a community celebration. Mayor Kimble stated that the event has been scaled down from 2001 and that the Lumberjack Days Association would be paying for the extra police officer costs, not the City. Mr. Junker asked about the costs of the Greeley Street Lift Station. He stated that work was done a couple of years ago and wondered why it was being fixed again. Public Works Director Eckles explained that a couple of years ago improvements were done to the lift station to enlarge the wet wells so that the pumps would not have to run as often. He stated that the work done recently was to replace the pumps because they were worn out due to the small size of the wet well prior to its enlargement. STAFF REPORTS Public Works Director Eckles provided an update on the Public Works Facility. City Administrator Kriesel stated that the City and Tim Nolde have discussed whether Mr. Nolde should be reimbursed for part of the construction of an outlet to Brewer's Pond. He stated that during meetings with Nolde a compromise has been reached that staff feels is Page 5 of 10 City Council Meeting No. 02-02 January 15, 2002 fair and that Mr. Nolde has agreed to pay $23,133.60 of the engineering and legal expenses owing on the project if the City allows a credit of $15,000 on the remaining fees. Motion by Councilmember Bealka, seconded by Councilmember Milbrandt to adopt . Resolution 2002-23, a resolution approving settlement of dispute. All in favor. Ayes: Nays: Absent: Council members Bealka,. Milbrandt, Zoller and Mayor Kimble None Councilmember Rheinberger CONSENT AGENDA* Motion by Councilmember Bealka, seconded by Councilmember Milbrandt to approve the Consent Agenda. All in favor. Ayes: Nays: Absent: Councilmember Bealka, Milbrandt, Zoller and Mayor Kimble None Council member Rheinberger Resolution 2002-10, directing payment of bills Resolution 2002-11, appointing Chantell Knauss as Deputy City Clerk and Larry D. Hansen as Acting City Clerk Resolution 2002-12, appointing Larry D. Hansen as' treasurer for the City of Stillwater Resolution 2002-13, approval of Change Order #2 for Public Works Facility project Request to purchase one Hurst Cutting Tool and hose assembly - Fire Department Request to purchase new OSHA approved bleachers for Lily Lake and Northland ballfields . Resolution 2002-14, approving legislative consulting services for the year 2002 Resolution 2002-15, approving job classification point values Resolution 2002-16, approval of Pay Equity Report (available Monday) Resolution 2002-17, appointing Larry Hansen City Administrator Resolution 2002-18, appointing Nile Kriesel Deputy City Administrator Request to purchase computers - Administration & Fire Departments UNFINISHED BUSINESS Report on Orleans Liqhtinq Assistant City Engineer Sanders reviewed the feasibility report on Orleans Street Lighting. He stated that Most improvement projects in the City normally receive a portion or all its funding through assessing the project to the affected property owners and that this project area is a bit different than most in the City, Orleans Street it is located in an area where the north half of the street is zoned residential and the south half is zoned industrial. He stated that City has not assessed residential properties for street lights but that improvements in the Industrial Park are generally assessed 100% to the property owner. Mr. Sanders stated that because Orleans Street is a designated State Aid Street, funding is available to pay all or most of the cost associated with the project. Since the project would be designed by Excel Energy Outdoor Lighting, and not public bid, we would enter into a . force account to get State Aid Funding. He also stated that if the City were to choose this Page 6 of 10 'City Council Meeting No. 02-02 January 15, 2002 . way of funding, Council needs to decide on how much of the State Aid Funding should be used. He stated that State Aid Funds have been used for new street construction, street reconstruction, and street rehabilitation projects and our funding would be less due if funds were used for this street lighting project. He stated that the staff recommends Option 3. Councilmember Milbrandt asked if there is an increased cost difference if it is chosen to put in a light in Benson Park or in six months. Mr. Sanders stated that the cost from last year to this year has gone up 10-15%. Councilmember Bealka stated he felt Option 4 is giving all affected areas including the park the necessary lighting. Mr. Sanders stated that Option 4 contains the light in Benson Park. He stated that State Aid could be used for the lights on Orleans, but will not pay for the Benson Park light. City Administrator Kriesel stated that he felt that Option 4 is a very good option. He asked if there is development to the south could additional lights be installed. He stated that there would be funding for Option 4. Mr. Sanders stated that additional lights on the south would be beneficial when that area is developed. . Councilmember Milbrandt asked what feedback has been received from the neighborhood with a light in the middle of the park and asked what type of light would be placed in the park. Mr. Sanders stated that the light would not be a street light, but a smaller light that would not be as large as the lights along Orleans Street. Mr. Gary Kriesel provided information relating to problems and concerns to Benson Park. Councilmember Zoller asked what other parks have lights and has complaints been received on these lights Public Works Director Eckles stated that there are lights in some of the other parks and staff has received complaints. He also stated that Council may want to receive input on this issue from the neighbors before making a decision on the Benson Park light. Motion by Councilmember Bealka, seconded by Councilmember Zoller to adopt Resolution 2002-24, accepting report and ordering improvement and preparation of plans and specifications for Industrial Park Orleans Street Lighting Project (Project 2002-13B) and asked Mr. Gary Kriesel to survey the neighborhood and bring the results back to Council. All in favor. . Ayes: Nays: Absent: Councilmember Bealka, Milbrandt, Zoller and Mayor Kimble None Councilmember Rheinberger Page 7 of 10 City Council Meeting No. 02-02 January 15, 2002 He stated that normal development, the City requires the land developer to make all necessary improvements to serve the development and fit it within the existing neighborhood. He also stated that staff has reviewed the plans and for approximately $1,500 additional curb and gutter could be installed adjacent to the existing homes and that concrete curb and gutter has a life span of over 50 years compared to blacktop curb which often lasts less than 15 years. Mr. Eckles also stated that since the whole area will be disturbed by the project, it would be beneficial to make permanent improvements and asked for Council direction on the funding of placing concrete curb and gutter. Councilmember Zoller stated that concrete curb and gutter should be placed. Mayor Kimble stated that he felt that the costs associated with a public hearing and assessment process would exceed the $1500 cost and that maybe the City should absorb this cost. Council member Bealka stated that he felt that the developer should place the curb and gutter and absorb the cost. . City Attorney Magnuson stated that the City standard is concrete curb and gutter. Councilmember Milbrandt stated that the resident's value would go up with concrete curb and gutter and an assessment of $600 for a new street and concrete curb and gutter does not seem unreasonable. Motion by Councilmember Zoller, seconded by Councilmember Bealka directing staff to assess the developer. Ayes: Nays: Absent: Councilmember Bealka, Zoller and Mayor Kimble Councilmember Milbrandt Councilmember Rheinberger NEW BUSINESS Approval of Manaqement Aqreement with St. Croix Caterers for the manaqement of St. Croix Vallev Recreation Center and Lilv Lake Arena City Administrator Kriesel reviewed the management agreement for the St. Croix Valley . Recreation Center and Lily Lake Arena. He stated that 2001 revenues have increased and Page 8 of 10 . . . ~City Council Meeting No. 02-02 January 15, 2002 that expenditures have gone down. Mr. Kriesel recommended approval of the agreement. He recommended approval but suggested that the agreement coincide with the City's budget year to end on December 31 . Councilmember Milbrandt stated that the Parks Board is very pleased with the management. Motion by Councilmember Milbrandt, seconded by Councilmember Zoller to adopt Resolution 2002-25, approving management agreement with St. Croix Caterers contingent upon Parks Board review. All in favor. Ayes: Nays: Absent: Council member Bealka, Milbrandt, Zoller and Mayor Kimble None Councilmember Rheinberger COMMUNICA TIONS/REQUESTS Letter from WashinQton County Historical Society - Boutwell Cemetery site Mayor Kimble reviewed the letter from Washington County Historical Society formally withdrawing their proposal for the Boutwell Cemetery site. Council directed City Attorney Magnuson to prepare a letter to the Washington County Historical Society explaining the comprehensive plan/zoning pertaining to the cemetery property Memo from Nile Kriesel Mayor Kimble acknowledged Mr. Kriesel's last memo thanking the City for his 23 years of employment. COUNCIL REQUEST ITEMS Councilmember Milbrandt asked Public Works Director Eckles if he has heard from Mr. Campbell regarding his assistance in the North Hill project. Mr. Eckles stated that he has heard from Mr. Campbell and he has indicated he wishes to start a program to pursue what he calls the Brown's Creek Protection Initiative and asks that the City to work with him and be willing to testify at the legislature. He stated that he told Mr. Campbell that the City is not moving forward on the project until some of the issues can be resolved. He also stated that a neighborhood meeting will be held on February 6 at 7:00 p.m. City Administrator Kriesel reviewed the upgrading of the bond rating. Mr. Kriesel also commended and thanked Council and staff. Page 9 of 10 City Council Meeting No. 02-02 January 15, 20'02 ADJOURNMENT Motion by Councilmember Zoller, seconded by Councilmember Milbrandt to adjourn the . meeting at 9: 11 p.m. All in favor. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2002-10, directing payment of bills Resolution 2002-11, appointing Chantell Knauss as Deputy City Clerk and Larry D. Hansen as Acting City Clerk Resolution 2002-12, appointing Larry D. Hansen as treasurer for the City of Stillwater Resolution 2002-13, approval of Change Order #2 for Public Works Facility project Resolution 2002-14, approving legislative consulting services for the year 2002 Resolution 2002-15, approving job classification point values Resolution 2002-16, approval of Pay Equity Report Resolution 2002-17, appointing Larry Hansen City Administrator Resolution 2002-18, appointing Nile Kriesel Deputy City Administrator Resolution 2002-19, resolution authorizing issuance, awarding sale, prescribing the form and details and providing for the payment of $7,840,000 General Obligation Capital Outlay . Bonds,Series2002A Resolution 2002-20, supplemental resolution relating to $7,840,000 General Obligation Capital Outlay Bonds, Series 2002A Resolution 2002-21, authorizing the expenditure for brochure and community survey for cultural enhancement program by the Parks & Open Space Task Force Resolution 2002-22, resolution ordering feasibility report for the 2002 Street Improvement Project (Project 2002-02) Resolution 2002-23, a resolution approving settlement dispute Resolution 2002-24, accepting report and ordering improvement and preparation of plans and specifications for Industrial Park Orleans Street Lighting Project (Project 2002-13B) Resolution 2002-25, approving management services agreement for the St. Croix Valley Recreation Center for the period beginning May 1, 2002 and ending April 30, 2003 . Page 10 of 10 4- /~ LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2002-26 . . Accountemps Action Rental Amdahl, Chris American Public Works Arch Wireless AT & T Broadband AT & T Wireless AT&T Bahr Construction Best Western Bonestroo, Rosene,Anderlik & Assoc. Cardinal Tracking City Cargo & Storage Coca Cola Cub Cy's Uniforms DAC Industries Dauffenbach, Larry Dell Computer Corporation Digital Imaging DOER/Governors Conference Edward Don & Company Emergency Apparatus Exemplar Healthcomp Express Photo First Line Beverage Folz,Freeman,Dupay & Associates Fortuno LLCdba Car Zone Fred's Tire G E Polymershapes GFOA Glaser, Stuart Gopher State Government Training Service Grand Prix Vending Heritage Printing Hi-Tech Signs, Inc. Humane Society Ice Cream Partners, USA Ice Skating Institute International Associaton of Chief of Police International Association for Property & Evid. Jiffy Lube Johnson Controls Johnson Radio Communications Knauss, Chantell Lab for Scientific Interrogation Legislative Associates . Temp services Repair supplies Building repair Membership Pagers Cable Cell Phones Long distance Refund bldg permit Seminar lodging McKusick Lk Diversion/N Hill Maintenance agreement Storage rental Concession supplies Concession supplies Uniforms Maintenance supplies Reimburse expenses Computers Office supplies Conference-Dauffenbach/Glaser Maintenance supplies Repair equipment Professional service-testing Photo processing Concession supplies Professional service Refund special use permit Tire repair Discs-batting cages Education Reimburse expenses Contractual Conference Concession supplies Office supplies,f1yers Banner 4th qtr animal pickup fees Concession supplies Report fees Membership Membership Vehicle maintenance Maintenance contracts Maintenance contracts Reimburse expenses Education Professional service 802.44 95.85 372.00 141.25 1,177.34 73.85 226.14 60.75 2,400.00 244.20 60,940.56 1,620.00 90.00 1,929.00 148.13 383.95 87.20 44.30 18,117.27 73.72 300.00 236.93 360.41 124.00 101.35 1,062.34 8,752.50 200.00 17.25 296.96 119.50 46.33 3.10 200.00 126.00 447.67 191.70 1,863.75 78.00 5.25 100.00 40.00 137.00 3,135.50 702.00 92.99 975.00 4,975.00 EXHIBIT" A" TO RESOLUTION #2002-26 Lehmicke Construction LETTA LJ Schuster League of MN Cities Magnuson Law Firm Maple Island Hardware McLeod USA Menards MN Chief of Police MN DNR Waters MN Department of Public Safety Minnesota Chiefs of Police Education Found. Minnesota Fire Agencies Purchasing Cons. MN/S.C.I.A. MN State Fire Dept Association MN Water Quality Partnership M. J. Raliegh Trucking MTI Distributing Neopost Nextel Nobles, John Northern Tool Northwest Chapter of Building Official Parts Associates, Inc. PC Pit Stop PC Solutions Polar Chevrolet Portraits by Loren Quality Flow Systems Quill Roettger Welding Russell, Steve Ryland Homes S1. Croix Office Supplies S1. Joseph Equipment Inc. SALA Architects Sanders, Wacker, Bergly, Inc. Savoie Supply Co. Shorty Spartan Springbrook Springsted Sprint Standard Truck & Auto State of MN BCA Stillwater Gazette Stillwater Lions Club Stillwater Motors Stork Snow removal-Rec Center Seminar-Glaser Office supplies Insurance Professional service Maintenance supplies Telephone Maintenance supplies Supplies Loan payment Education Education Membership Membership Membership Contribution Sand Equipment Maintenance agreement Cell Phones Professional service Tools Membership Maintenance supplies Office supplies Equipment repair, maintenance Vehicle repair Portraits Piping & Valves Greeley Lift Office supplies Maintenance supplies Conference expenses Grading escrow refund Office supplies Maintenance supplies Public Works Facility Professional service-Lowell Park Maintenance supplies Uniforms cleaning Uniforms Finance software implementation Bond issuance fees Cell Phones Vehicle repair CJDN Connect Publication Dues Vehicle maintenance Soil testing Page 2 ,... \ 3,078.00 80.00 798.87 1,645.00 12,606.98 26.18 634.94 309.05 20.77 55,000.00 200.00 260.00 35.00 50.00 250.00 1,000.00 2,033.73 24,739.28 627.00 216.33 560.00 173.55 20.00 143.34 161.61 366.50 204.49 106;50 8,326.83 227.40 15.00 154.00 1,500.00 1,976.97 106.47 20,603.45 1,377.50 104.53 46.01 156.04 1,678.50 26,440.89 46.33 294.67 270.00 63.47 78.00 869.00 5,129.50 . . . ., EXHIBIT" A" TO RESOLUTION #2002-26 Russell, Steve St Croix Events St Joseph Equipment St Croix Office Supplies Stillwater Gazette Treadway Graphics Washington County Chiefs of Police Assn Washington County Taxpayer Services Adopted by the City Council this 5th day of February, 2002 Grooming clinic/Nat'l conference Contribution-Lumberjack Days Case Loader Office Supplies Publications DARE supplies Membership-Dauffenbach Waste Mgmt Fee Page 4 TOTAL 275.00 21,000.00 70,926.87 24.75 76.57 180.00 100.00 131.40 482,459.18 \, . . . . / . . STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY MINNESOTA PREDATORY OFFENDER REGISTRA TIONDA TABASE ACCESS AGREEMENT # Accbrding to Minnesota Statute 471.59., Subd. 10, the State of Minnesota, acting through its Commissioner of Public .%fety, Bureau of Criminal Apprehension, Predatory Offender Registration Unit, (DPS) and City of Stillwater, Police '. /Department, a Minnesota Criminal Justice Agency as defined in Minnesota Statute, Chapter 299C.46, Subdivision 2, (Agency) enter into this Joint Powers Agreement on December 15,2001. This agreement details the obligations and requirements of the Agency that is connected to the State's Criminal Justice Data Communications Network (CJDN) and that will have access to the Minnesota Predatory Offender Registration Database (POR) or may acquire POR information through a third party who has direct access to POR through the CJDN. The DPS is the organization set forth by Minnesota Statute as being responsible for the administration and operation of the State's POR Database. I) AGREEMENTS REGARDING INFORMATION With respect to POR information and related information as maintained and/or provided by DPS, it is agreed that: A) DPS will furnish to Agency, via a web interface, such information as is available from the POR Database. Agency will not furnish any information from the POR Database to a non-criminal justice entity. B) DPS reserves the right to suspend furnishing POR information to Agency when any rule, policy, or procedure has been, or appears to have been, violated. DPS may reinstate the furnishing ofPOR information upon receipt of satisfactory assurances that such violation did not occur or has been corrected. C) Agency will output reports and other hard copy products containing POR information only to printers within the Agency. Only Authorized Employees will transport, handle, and store POR output documents. The Agency is responsible for the correct and legal dissemination and use of all data and records it receives. D) DPS will log all transactions of the POR Database. DPS will maintain these logs for at least one year from the date of the transaction. E) An individual's right to review and challenge his/her own record is an integral part of the system. Agency will require appropriate identification, including fingerprinting, of the individual before any POR information is disseminated to the individual. The originating agency may verify that fingerprints associated with the record on file are those of the individual to verify that he/she is who he/she purports to be. I P>lI7P 1 of R .... II) PERSONNEL . A) Agency agrees to conduct criminal history checks on all Agency employees who will have access'to,POR information. An Agency employee who is not cleared will not have access to the paR information. '<Qnly Authorized Employees will have access to paR information. \ C) Agency may promulgate policies and procedures directed toward protection, security, and dissemination of the data. \ '", '\ "" '" "'"",,- "- ',,- ~ " B) Under its authority and supervision, Agency will screen all personnel who have access to any of the interconnect equipment. This screening will also apply to all maintenance personnel, contract technical personnel, and other individuals having unescorted access to any of the interconnected equipment. D) In the event of an emergency related to an individual's health or well being, an Authorized Employee must accompany those persons answering the emergency call if the event is located in an area where security of the CIDN and its associated data system could be compromised. E) An Authorized Employee must escort casual visitors or those on tour of the Agency in areas where the equipment is located and is responsible for their presence at all times. F) Agency agrees to initiate, at the request of the DPS, disciplinary action, up to and including termination of personnel having access to paR systems, where such persons violate the provisions of this agreement or other security requirements established for the collection, storage, or dissemination of paR information. Agency will assist in the criminal prosecution of such individuals when Federal or State laws have been violated. G) DPS will provide system training to personnel assigned by Agency receiving paR information. Training may . be in the form of a formal class, computer based training, or self-study guide. H) DPS will provide documentation and/or manuals on the correct use of the paR Database for users. Agency will disseminate the documentation or manuals to all of its employees who utilize the paR Database. Agency will maintain this documentation and/or these manuals in a secure manner. III) DATA/INFORMATION A) DPS and Agency will determine the accesses Agency will be allowed. Agency may request additional accesses. Agency agrees that the decision of DPS as to what information will be made available to Agency is final. B) Agency must verify data and information that Agency receives from the paR Database with the originating agency before acting upon it. C) Agency must abide by the Minnesota Data Practices Act and applicable Federal Statutes in its access, use, storage, and dissemination of all data and information entered into or received from the paR Database. P"17P ? of h . . . . IV) COSTS: A) Network communication line costs fall under the CJI)N Access Agreement. B) All maintenance costs for Agency owned equipment is the responsibility of Agency. V) ADDITIONAL TERMS A) Agency must provide adequate physical security to protect against any unauthorized personnel gaining access to the computer equipment or to any of the stored data for all electronic equipment that is interconnected to the CJDN. This includes equipment provided by the DPS and Agency and equipment acquired from any other source. Failure by Agency to provide adequate security will warrant the removal of the equipment from accessing the POR Database and the CJDN network. B) Agency must keep all rooms containing interconnected equipment locked from exterior entry at all times. C) Agency agrees to regard tampering with, or attempting to compromise security as serious offenses resulting in Agency taking disciplinary action against individuals involved in such offenses. D) Agency will have no "dial-in" lines into the Agency's Multiple Access Computer unless that access conforms to DPS Security Policy as outlined in the CJDN Access Agreement. E) Either DPS or Agency may propose changes to this agreement. The modifications will not become effective until DPS and Agency fully execute an addendum or amendment to this agreement. F) This agreement will become effective on December 14,2001, or upon the date that the final required signature is obtained by DPS, pursuant to Minn. Stat. ~ 16C.05, Subdivision 2, whichever occurs later, and shall remain in effect until December 15,2006, or until all obligations set forth in this agreement have been satisfactorily fulfilled or the agreement has been canceled, whichever happens first. G) Either DPS or Agency may, upon 90 days written notice, terminate this agreement. H) Agency is responsible for the cost of all facilities, devices, or equipment set forthin this agreement which contribute to the security and safety of the cns System within the Agency. I) The Agency agrees that designated DPS employees will have the authority to audit, monitor, and inspect all procedures and facilities established pursuant to this agreement. This will include DPS's right to attempt to breach Agency's security as it relates to the provisions of this agreement. J) Agency shall indemnify, save, and hold DPS, its representatives, and its employees harmless from any and all claims or causes of action, including all attorneys' fees incurred by DPS, arising from the performance of this agreement by Agency or Agency's employees, agents, or subcontractors. This clause shall not be construed to bar any legal remedies Agency may have for DPS failure to fulfill its obligations pursuant to this agreement. Agency's liability shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes ~~ 466.01-466.15 and other applicable law. K) DPS and Agency will abide by all present and future rules, policies, and procedures adopted by DPS or the NLETS Board of Directors, or as approved by the FBI-NCIC Policy Board and adopted by FBI-NCIC. DPS will propose no changes in the rules, policies, and procedures adopted by it without notice to all agencies and provision of a 30 day period in which an agency can submit written comments to DPS. P",,"p ~ nffl L) If Agency provides POR information access and/or services to another agency, it must have a written agreement with that agency. Agency must provide a copy of the agreement and any amendments to DPS. . This does not prohibit Agency from providing information, on a one-time basis per case, to another Law Enforcement Agency that is conducting an investigation in Agency's jurisdiction. M) The books, records, documents and accounting procedures and practices of Agency and its employees, agents or subcontractors relevant to this agreement shall be made available and subject to examination by DPS, including the contracting Agency/Division, Legislative Auditor, and State Auditor for a minimum period of six years from the end of this agreement. VI) MANAGEMENT CONTROL If Agency does not own and/or operate its own equipment, it must have a Management Control Agreement with the entity providing the service which, at a minimum, must include the following: A) The ability of Agency to set and enforce priorities for the system usage, which includes the CJDN functions having the highest priority on the system. B) Agency will have the right to screen for employment in areas where the equipment is located or the system is maintained and reject all persons who do not meet the security screening requirements. C) The entity providing service to Agency will agree to and abide by all the requirements of the POR Database Access Agreement and all of its amendments and successors. VII) DEFINITIONS A) Authorized Employee. An employee who has been granted clearance by Agency thereby allowing access to . POR information. Agency, in granting the clearance, must have done a criminal history check on the employee. B) Criminal Justice Agency. This will have the same meaning as contained in Minnesota Statutes, Chapter 299C.46, Subdivision 2, or subsequent State law or regulations which may supersede Minnesota Statutes, Chapter 299C.46, Subdivision 2. C) POR information. The digital images and corresponding data elements transmitted to the POR database. D) Criminal Justice Data Communication Network. The network, including the equipment, circuits, facilities, procedures, agreements, and organizations thereof, for the collection, processing, preservation, or dissemination of criminal justice information, and may include related systems that directly contribute to the criminal justice information system. E) Authorized Access Device. A device in a user agency which, by virtue of a signed contract with Department of Public Safety, is allowed access to the criminal justice information systems. F) Casual Visitors. Persons who have irregular access to the Data Center. G) Computer Center. The specific location(s) of all computers and associated equipment including terminals and printers, upon which criminal justice information is processed. P<l17P4 off; . . H) Data Center. The total physical space(s), inclusive of the computer center, where criminal justice information systems are developed, maintained, or operated. I) Management Control. The authority to set and enforce standards for the selection and termination of personnel, and for policy governing the operation of computers, telecommunications devices, and circuits used to process criminal justice information insofar as the equipment is used to process, store, or transmit the information. Management control includes the supervision of the systems design, programming, and operating procedures for the development, modification, maintenance, and processing of computerized criminal justice information either as a function by itself or with other non-criminal justice applications. J) Multiple Access Computer. An electronic device that has multiple input and/or output units such as terminals and printers, or is attached to or part of a network that has multiple devices or computers on it. This does not include stand alone micro computers. K) NCIC (National Crime Information Center). A division of the Federal Bureau of Investigation of the U.S. Department of Justice which maintains a nationwide computerized information system established as a service to all criminal justice agencies - local, state, and federal. NCIC's main purpose is to assist the criminal justice organizations in performing their duties by providing a computerized filing system of accurate and timely documented information, readily available to each criminal justice organization. L) NLETS (National Law Enforcement Telecommunications System). NLETS is an incorporated, non-profit organization whose purpose is to provide a nationwide criminal justice data communications system. M) Permanent Visitors. Persons having regular access to the Data Center but who are not Authorized Employees. This term shall include contract and vendor personnel who have access to the Data Center. . . P"p"p 1; of h \..-. VIII) ACKNOWLEDGMENT As the individual responsible for Agency, I hereby acknowledge the responsibilities and duties set forth in this . agreement as well as in those documents incorporated by reference. I acknowledge that these responsibilities and duties were developed and implemented to ensure the reliability, confidentiality, accuracy, timeliness, and completeness of POR information. I further acknowledge that failure of this Agency to comply with these duties and responsibilities will subject this Agency to various sanctions, including thetennination of access to POR information. 1. AGENCY AGENCY certifies that the appropriate person(s) have executed this agreement on behalf of the AGENCY as required by applicable articles, bylaws, resolutions, or ordinances. 2. DEPARTMENT OF PUBLIC SAFETY (with delegated authority) By: By: Title: Title: Date: Date By: Title: Date 4. ATTORNEY GENERAL Approved to sign on behalf of the attorney general as to form and execution: 3. DEPARTMENT OF ADMINISTRATION By: By: Date: Date: PAUl" f: of f: . RESOLUTION 2002-33 . APPROVAL OF ACCESS AGREEMENT WITH THE STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Minnesota Predatory Offender Registration Database Access Agreement between City of Stillwater and the State of Minnesota, as on file with the City Clerk, is hereby approved, and the Mayor and Clerk are authorized to sign said Agreement. Adopted by Council this 5th day of February 2002. Wally Milbrandt, Acting Mayor ATTEST: . Diane F. Ward, City Clerk . 2000 EDITION AlA DOCUMENT G701-2000 . ~~,~,~~~ o?'~~~~;d') . . PROJECT: (Name and address) Stillwater Public Works 3325 Boutwelll Drive Stillwater, MN 55082 CHANGE ORDER NUMBER: Three (3) DATE: 1/25/02 ARCHITECT'S PROJECT NUMBER: 10/29/02 00119 CONTRACT DATE: CONTRACT FOR: Complete CoIitractWork TO CONTRACTOR: (Name and address) DewCorporation Robert Dew 2125 Century Avenue North Saint Paul, MN 55109 THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount a/lributable to previously executed Construction Change Directives.) 1.) Changes associated with PR-2; add $42,878.00 2.) Provide 2 stop elevator in lieu of 3 stop perPR-3; deduct $3,095.00 3.) Credit for permit fees waivedby City of Stillwater; deduct $28,598.00 The original (Contract Sum) (Gtllllllntua t.llkXimtlll. Pliu) was $ 4,585,608.00 The net change by previously authorized Change Orders $ 190,171.00 The (Contract Sum) (Cl:I6.fllHteea MillBIfIUIfI Pl-ibll) prior to this Change Order was $4,395,437.00 The (Contract Sum) (CtlllfllHteea 11ttJdffil:l1f1 Pi-iee) will be (increased) (eeere6.sea) (t1HeR8Hgea) by this Change Order in the amount of $ 11,185.00 The new (Contract Sum) (CtlllT8Hteea MttJaffll:lffi pfiee) including this Change Order will be $ 4,406.622.00 The Contract Time will be (iHt:re8see) (eeue9.see) (unchanged) by N/ A ) days. The date of Substantial Completion as of the date of this Change Order therefore is Dec. 1. 2002 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive for which the cost or time are in dispute as described in Subparagraph 7.3-8 of AlA Document A20I. . Not valid until signed by the Architect, Contractor and Owner. SALAArchi1:ects, Inc. Dew Corporation Wayne Branum Robert Dew CIty of StIllwater Klayton Eckles ARCHITECT (Typed name) "11;'~ /.d~ (Signatu ) co.~ _ (Signature) (Signatur ) W~'1aJ{; H. /3/'lANO'"'1 BY f20e;-~<;- [ro-AJ 6~~ DA TE ( / tLA'1'"fvN 6L-~t,<2..s BY 2141b~ DATE I BY /-~$...t?Z DATE @2000 The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. OWNER ~ ARCHITECT. ~ CONTRACTOR ~ FIELD 0 OTHER 0 <<>2000 AIA@ AlA DOCUMENT G701-2000 CHANGE ORDER The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 APPROVAL OF CHANGE ORDER #3 PUBLIC WORKS FACILITY PROJECT (pROJECT 9619) BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that Change Order #3 in the amount of$II,185.00 for the Public Works Facility Project is hereby approved: Change order #3 Changes associated with the State Building inspection, $42,878, credit for eliminating I stop elevator, 3095, and a credit of waiving permit fees, 28,598. Thus increasing contract amount from $4,395,437.00 to $4,406,622.00. . Adopted by Council this 5th day of February 2002. Attest: Jay L. Kimble, Mayor Diane F. Ward, City Clerk . .. . .,. . LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2002-26 . . Accountemps Action Rental Amdahl, Chris American Public Works Arch Wireless AT & T Broadband AT & T Wireless AT&T Bahr Construction Best Western Bonestroo, Rosene,Anderlik & Assoc. Cardinal Tracking City Cargo & Storage Coca Cola Cub Cy's Uniforms DAC Industries Dauffenbach, Larry Dell Computer Corporation Digital Imaging DOER/Governors Conference Edward Don & Company Emergency Apparatus Exemplar Healthcomp Express Photo First Line Beverage Folz,Freeman,Dupay & Associates Fortuno LLC dba Car Zone Fred's Tire G E Polymershapes GFOA Glaser, Stuart Gopher State Government Training Service Grand Prix Vending Heritage Printing Hi-Tech Signs, Inc. Humane Society Ice Cream Partners, USA Ice Skating Institute International Associaton of Chief of Police International Association for Property & Evid. Jiffy Lube Johnson Controls Johnson Radio Communications Knauss, Chantell Lab for Scientific Interrogation Legislative Associates . Professional service Repair supplies Building repair Membership Pagers Cable Cell Phones Long distance Refund bldg permit Seminar lodging Professional service Maintenance agreement Storage rental Concession supplies Concession supplies Uniforms Maintenance supplies Reimburse expenses Computers Office supplies Conference Maintenance supplies Repair equipment Professional service Photo processing Concession supplies Professional service Refund special use permit Tire repair Equipment Education Reimburse expenses Contractual Conference Concession supplies Office supplies,f1yers Banner 4th qtr Concession supplies Report fees Membership Membership Vehicle maintenance Maintenance contracts Maintenance contracts Reimburse expenses Education Professional service 802.44 95.85 372~00 141 .25 1,177.34 73.85 226.14 60.75 2,400.00 244.20 60,940.56 1,620.00 90.00 1,929.00 148.13 383.95 87.20 44.30 18,117.27 73.72 300.00 236.93 360.41 124.00 101.35 1,062.34 8,7:52.50 200.00 17.25 296.96 119.50 46.33 3.10 200.00 126.00 447.67 191.70 1,863.75 78.00 5.25 100.00 40.00 137.00 3,135.50 702.00 92.99 975.00 4,975.00 EXHIBIT II A" TO RESOLUTION #2002-26 Lehmicke Construction LETTA LJ Schuster League of MN Cities Magnuson Law Firm Maple Island Hardware McLeod USA Menards MN Chief of Police MN DNR Waters MN Department of Public Safety Minnesota Chiefs of Police Education Found. Minnesota Fire Agencies Purchasing Cons. MN/S.C.I.A. MN State Fire Dept Association MN Water Quality Partnership M. J. Raliegh Trucking MTI Distributing Neopost Nextel Nobles, John Northern Tool Northwest Chapter of Building Official Parts Associates, Inc. PC Pit Stop PC Solutions Polar Chevrolet Portraits by Loren Quality Flow Systems Quill Roettger Welding Russell, Steve Ryland Homes St. Croix Office Supplies St. Joseph Equipment Inc. SALA Sanders, Wacker, Bergly, Inc. Savoie Supply Co. Shorty Spartan Spring brook Springsted Sprint Standard Truck & Auto State of MN BCA Stillwater Gazette Stillwater Lions Club Stillwater Motors Stork Page 2 Contractual Seminar Office supplies Insurance Professional service Maintenance supplies Telephone Maintenance supplies Supplies Loan payment Education Education Membership Membership Membership Contribution Sand Equipment Maintenance agreement Cell Phones Professional service Tools Membership Maintenance supplies Office supplies Equipment repair ,maintenance Vehicle repair Portraits Piping & Valves Greeley Lift Office supplies Maintenance supplies Conference expenses Grading escrow refund Office supplies Maintenance supplies Professional service Professional service Maintenance supplies Uniforms cleaning Uniforms Contract services Professional service Cell Phones Vehicle repair CJDN Connect Publication Dues Vehicle maintenance Professional service 3,078.00 80.00 798.87 1,645.00 12,606.98 26.18 634.94 309.05 20.77 55,000.00 200.00 260.00 35.00 50.00 250.00 1,000.00 2,033.73 24,739.28 627.00 216.33 560.00 173.55 20.00 143.34 161.61 366.50 204.49 106.50 8,326.83 227.40 15.00 154.00 1,500.00 1,976.97 106.47 20,603.45 1,377.50 104.53 46.01 156.04 1,678.50 26,440.89 46.33 294.67 270.00 63.47 78.00 869.00 5,129.50 . . . . . . EXHIBIT" A" TO RESOLUTION #2002-26 Sysco Tee's Plus Teletronix Tennant United Building Center United States Postal Service University of MN Valley Trophy Verizon Wireless Viking Industrial Center Vincent, Troy Walmart Washington County License Center Washington County Sheriff's Office Washington County Tax Accl. Waste Management Watson, Dennis Wear Guard Wet Tek WinZip Computing, Inc. Yocum Oil Zebra Zee Medical Service Zephyr MANUAL CHECKS JANUARY 2002 Schoonover Bodyworks Inc. Postmaster Chicago National Planning Conference Appletree Xcel Energy Postmaster Postmaster Adopted by the City Council this 5th day of February, 2002 Concession supplies Dare supplies Phones, Repair Service Building repair Maintenance supplies 1 st Class Presort Fee Munici Pals, Education Plaques Cell Phones Uniforms Grading escrow refund Supplies License renewal ID Card Professional service Garbage waivers Professional service Uniform Maintenance supplies Computer license Fuel Oil Supplies Medical supplies Hats Vehicle repair Postage newsletter Seminar Insurance Electricity, Gas Postal meter postage 1 st qtr utility billing postage Page 3 670.96 1,419.08 427.16 204.49 32.91 125.00 325.00 77.36 59.20 198.14 1,500.00 174.63 654.00 5.33 395.00 142.95 230.00 78.74 512.56 505.00 164.14 205.07 193.47 1,284.50 680.30 1,001.52 460.00 17,925.57 12,789.84 8,000.00 1,027.65 . , Minnesota Lawful Gambling LG220 - Application for Exempt Permit Organization Information Organization name Fee - $25 Page 1 of 2 3/01 For Boar Use Only Fee Paid Check No. Previous lawful gambling exemption number - L- <0\\ ~",-~~\l.i)~'\ Name of chief executive officer (CEO) First name . Last name Last name ~~~V' Type of Nonprofit Organization State/Zip Code tAU. S.sO ~ :t County ~"A.)~~^ . u Daytime phone number of CEO LRSl- 4-~C\-,-\ 0 Daytime phone number of treasurer: 1_ \, S'\ I 00 Check the box that best describes your organization: D Fraternal r&l Religious D Veteran D Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: ~ IRS letter indicating income tax exempt status D Certificate of Good Standing from the Minnesota Secretary of State's Office D A charter showing you are an affiliate of a parent nonprofit organization D Proof previously submitted and on file with the Gambling Control Board Gamblin Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where. the drawing will take place) C,,^\A.V't. oY ~-.\-, W\\(...~A - L ~(..~ AL Address (do not use PO box) City S~~ ~DO ?-- Check the box or boxes that Indicate the type of gambling activity your organization will be conducting: D *Bingo ~Raffles (cash prizes may not exceed $12,000) D *Paddlewheels D *Pull-Tabs *Equipment for these activities must be obtained from a licensed distributor. This form will be made available in Your name and and your organization's alternative format (i.e. large print, Braille) name and address will be public information upon request. The information requested when received by the Board. All the other on this form (and any attachments) will be information that you provide will be private used by the Gambling Control Board data about you until the Board issues your (Board) to determine your qualifications to permit. When the Board issues your be involved in lawful gambling activities in permit, all of the information that you have Minnesota. You have the right to refuse to provided to the Board in the process of supply the information requested; however, applying for your permit will become public. if you refuse to supply this information, the If the Board does not issue you a permit, Board may not be able to determine your all the information you have provided in the qualifications and, as a consequence, may process of applying for a permit remains refuse to issue you a permit. If you supply private, with the exception of your name the information requested, the Board will and your organization's name and address be able to process your application. which will remain public. Private data about you are available only to . \ "i\l.oov; Date(s) of activity (for raffles, indicate the date of the drawing) f\s . StatelZip Code County D *Tipboards . 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. Page 20f2 ..t, 3/01" LG220 - Application for Exempt Permit Organization Name c.. \\V\ \!' t. ~ D~ s.-\-. M \( ~ q..t.-L- 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. Check the action that the city is taking on this application. O The city 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 city denies the application. Print name of city (Signature of city personnel receiving application) Title Date /-1- Chief Executive Officer's Signature The information provided in this application is c 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 county is taking on this application. O The county approves the application with no waiting period. 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 county denies the application. Print name of county (Signature of county personnel receMng application) Title Date / / TOWNSHIP: On behalf of the township, J 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 (Minn. Stat. sec. 349.213, subd. 2).] Print name of township (Signature of township official acknowledging application) Title Date-l / Chief executive officer's signature Name (please print) --- .~" V\ Date I I~ 0 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 $25 application fee (make check payable to "State of Minnesota"). Applica!ion 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. . LG2'20 - Application for Exempt Permit, Information Sheet 3/01 Who may be issued An exempt permit can. be issued to nonprofit organizations conducting lawful gambling an exempt permit? activity on five or fewer days, and awarding less than $50,000 in prizes during a calendar year. (Raffles: Total cash prizes for a raffle may not exceed $12,000.) . Separate applications required Complete a separate application for each occasion. An occasion may be either: 1. One day of gambling activity. . If your organization wants to conduct gambling activity on April 5, May 5, and June 5, you must submit a separate application and fee for each activity date. -OR- 2. Two or more consecutive days of gambling activity. . If your organization wants to conduct gambling on July 3, 4, and 5 at the same site,you may submit only one application and one fee. Raffle: If you are conducting a raffle, each day a drawing is held constitutes one day of gambling. If drawings are held on more than fwe days in a calendar year, your organization must obtain an organization license, a gambling manager's license, and a premises permit. How to obtain a copy of proof of nonprofit status ... OR IRS Income Tax Exemption Under a national orqanization .. If your organization falls under a national organization, attach both of the following: 1. a copy of the IRS letter showing that your national organization has been a registered nonprofit 501 (c) organization and carries a group ruling, and 2. a copy of the charter, or letter from your national organization, recognizing your organization as a subordinate. Minnesota Secretary of State Certificate of Good Standinq - Nonprofit Articles of Incorporation Attach a copy of your organization's Certificate of Good Standing (317A) showing incorporation as a nonprofit organization. This certificate can be obtained from the Minnesota Secretary of State: . Minnesota Secretary of State Business Services Division 180 State Office Building S1. Paul, MN 55155 Not under a national orqanization If your organization does not fall under a national organization, attach a copy of the IRS income tax exemption [501 (c)] letter in the name of your organization, showing income tax exempt status. Phone: 651-296-2803 To obtain a copy of your federal income tax exempt letter, send your federallD number and the date your organization initially applied for tax exempt status to: IRS P.O. Box 2508 Room 401 0 Cincinnati,OH 45201 Sales tax exempt status or federal 10 employer numbers are not proof of income tax exempt status. Financial report and recordkeeping required Questions? . . A financial report form and instructions will be sent with your permit. . Complete and return the financial report form to the Board within 30 days of your date of activity . , . Your organization must keep its gambling records for 3-1/2 years. Call the Licensing Section of the Gambling Control Board at 651 ;.639-4000. If you use a TTY, you can call the Board by using the Minnesota Relay Service at 1-800-627 -3529 and ask to place a call to 651-639-4000. Or, check our Web site at www.gcb.state.mn.us. Intcmlll RoveflOO Servlcc _ Uniced St~tes Catholic Conference 1312 Hassachusetta Avenue, N.r,;. Vashington, D.C. '20005 Department of [he Treasurl .--:-- () ---- ..r\"V -t JL-O(.' \ A-:<.. J> u. ~ Y' C(5\, \J\'~~ ~. Per;son to Contact: R. D. Horris \l\ -01i~- Telephona Number: ._.~ 488-3100 )~$fl flefer Reply to: EP/EO:7204 Date: Dlatrlct Director C> J U N 3 0 1986 Dear Sir: In a ruling dated Hirch 25, 1946, ve held that the agencies And inBtrument&litie~ and all educational, charitable and religious institutions operated, supervised, or controlled by or 1n connecti~n vith the Roean Catholic Church Official Catholic Directory for 1946, are entitled to exemption from Federal 1nCOce tax under the provisions of section 101(6) of the Internal Revenue Code of 1939, yhich corresponds to sec~ion 50l(~)(3) of che 1954 Code. This ruling has been updated annually to Cover the activities added co or deleted fro= th~ ~irectory. r h e 0 f fie i .!l I Cat h 0 1 i c D ire c tOr y for 1 9 8 6 s h 0 v s the n ace s or . addresses of All agencies and instrumentalities and all educational, charitable, And religious institutions operated by the R 0 :::! an Cat h 0 1 i c C h u r c h 1 n t b e Un i t e d S tat e B, i t B te r r i tor i e a and possessions in existence at the tice the Director Vas publisbed. I~ is under~:ood th~t each of these is a non-profit organization, thac no part of the net earnings thereof inures to t h ~ bene fit of any ~ d i vi d ua 1 , that no 8 u b s tan t i A I part 0 it be i r activities is for promotion of legislation, and that none are private foundations under section 509(a) of the Cod~. Based on all inforc~tion subcitted, ve conclude that the agencies and inatrucentalities anc! educational, chllrita.ble, and religioua institutions operated, supervised. or controlled by or in connection vith the Ro~an Catholic Church in the United States, its territories or posse~sions appearing in the Official Catholic Directory for 1986 are exeept fro= Fe~eral incoce tax ucc!er section 50l(c)(3) of che Code. Donors CAY deduct ~or.cributions to the agencies, instrucentalities anc institution!! referred to above, ss provided by section 170 oE the Code. Bequests, legacies, devises, transfers, or giE:s Co chee or for their use are deductible for Fed era 1 est ate a ~. g i f eta x p \.: r p 0 s e!l ~ r'. ;: e t'" 5 e c t ion s 2 0 5 ) ., 2 1 06 , and 2522 of the C. ~e. . . . . TO: FROM: DATE: SUBJECT: 1 CITY OF STILLWATER MEMORANDUM Utility Bill Adjustments - Sewer Charges Description Recommendation Water used during construction process Reduce July & October to prior 3 year average of 19,000 gallons per quarter . TO: Mayor and City Council FROM: Diane Ward City Clerk MEMO SUBJECT: Brine's Bocce Ball Tournament DISCUSSION: This request is similar to previous years. This tournament has been held over the last 10-12 years. RECOMMENDATION: Approval and work with Police and Public Warks. . . City of Stillwater 1/14/02 . From Brine's Bar & Restaurant 219 So. Main St. This letter is to request permission from the city of Stillwater for Brine's upcoming Bocce Ball Tournament. The date is set for Sat. Feb. 9th. from 11 :OOa.m.-1 0:00p.m. We will be using parking spaces on the west side of Water St. from Chestnut St. to just south of Outfitters. We will contact affected business to see if there are any conflicts. A port-a-pot will be on sight and all clean up will be done on Sun. Feb. 10th. If there are any question please call Gerty Brine at 439-7556. I would like to thank the city of Stillwater for past and future co-operation on this event. Thank you, Gerty Brine Jtf~ . . . . . MEMORANDUM TO: City Council FROM: Larry Hansen, City Administrator SUBJECT: Additional Depositories ~ DATE: January 28, 2002 Listed under the Consent Agenda is my request to add two additional depositories for City funds. The first depository would be the Minnesota 4-M Investment Fund. I am very familiar with the use ofthis fund. It has two different money market accounts that are fully collateralized and also offers the ability to use C.D.s, etc. It's been a good fund to work with and would give us a little more latitude in making investments and not having to do so in a hurried manner, especially when we receive funds from bond sales. The second fund would be the brokerage fund of Juran & Moody. I am quite familiar with the firm and have a working relationship with some of the people there. Again, this would give us a little more latitude in our investment portfolios. Other than these two additions, it would be my intention to continue using the present banks and investment firms that have been used by the City in the past. RESOLUTION 2002-27 DESIGNATION OF ADDITIONAL DEPOSITORIES FOR 2002 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the following are hereby designated as additional City depositories for the Year 2002: Minnesota 4-M Investment Fund Juran & Moody Adopted by Council this 5th day of February 2002. Wally Milbrandt, Acting Mayor Attest: Diane F. Ward, City Clerk . . . . . . STAFF REQUEST ITEM I Department: MIS I Date: 1/25/02 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of Antivirus Software (53 licenses = 50 computers, 3 servers) 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) 1644.10 plus shipping and tax. Budgeted in capital outlay for 2002 ADDITIONAL INFORMATION ATTACHED Yes_X_ No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS "PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Rose Holman Date: 1/25/02 Rose Holman From: Sent: To: Subject: Paul Bucich [pbucich@insight.com] Thursday, January 24, 2002 8:57 AM Rose Holman Quote No. T04825 . 6820 S. Harl Ave Tempe, Az. 85283 01/24/02 ROSE HOLEMAN CITY OF STILLWATER Customer Number: 1592178 Quote Number: T04825 Thank you for your interest in Insight. Please find below the price quote you requested. PRODUCT DESCRIPTION QUANTITY PRICE/EA TOTAL ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- NU554925 SYMANTEC ANTIVIRUS ENT 8.0 1 17.00 1.7 . 00 VLP MEDIA KIT MFG Part#: 07-00-03507 NU1928 4 7 SYMANTEC ANTIVIRUS ENT 8.0 53 30.70 1627.10 COMP UPG LIC 50-99 MFG Part#: 07-94-06965 Subtotal Without Shipping & Handling Shipping Via UPS GROUND + 1644.10 0.00 . GRAND Total 1644.10 * All products carry full manufacturer warranty If you have any questions, or require additional information, please do not hesitate to give me a call. Thank you again for calling Insight. Sincerely, Paul Bucich ACCOUNT EXECUTIVE. 1-800-INSIGHT x5422 Mailstop: SEI080 fax: (480)760~9060 1-800-INSIGHT 4 6 7-4 4 4 8 www.insig.?t.com Paul_Bucich@Insight.com PLEASE READ CAREFULLY This quotation supercedes any previous written or oral quotations from Insight Direct, Inc. Due to the nature of our industry, pricing and availability are subject to change without notice. Acceptance of this quotation is subject to Jnsight Direct, Inc. 's standard payment terms as well as current pricing and availability 1 . . . . STAFF REQUEST ITEMu I Department: MIS I Date: 01/25/02 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of computer for the Engineering Depart. 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) $2237.57 plus tax. Budgeted for in capital outlay for 2002 ADDITIONAL INFORMATION ATTACHED Yes J_ No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTEDTO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Rose Holman Date: 1/25/02 Minnesota State Store: Current E-quote c.) Page 1 of2 1-800-981-DELL Current Minnesota S' Full Catalog Software, periPhe. Your current E-quote Number: E001483600 Detail Help with E-quotes (Click Here) View Options: r View Order Summary r. View { Total Price*: $2,237.57 Description 1 Dell Precision TM Workstation 340 Minitower Pentium@ 4 processor, 1.70GHz I> edit this item I> delete this item Quantity 11 Unit Price $2,237.57 Iten $2,: I> update Date: Friday, January 25, 2002 4:22: 11 PM CST CataloQ Number: 84 RC956882 . Dell Precision â„¢ Workstation 340 Minitower: Pentium@ 4 processor, 1.70GHz I34T17 - [220-8316] Memory: 512MB PC800 ECC RDRAM@ (2 RIMMSTM) .... 1s12E42 - [311-2402] Keyboard: Enhanced Quietkey, PS/2 Q - 1310-14201 Monitor: ~1 inch Dell (19.86 inch vis) P1130 Monitor P1130 - 1320-15181 Graphics Card: nVidia, Quadro2 EXTM, 32MB, VGA IaUAD2EX- 1320-15331 Hard Drive: ~OGB ATA-100 IDE, 1 inch (7200 rpm) 120172 - 1340-85611 Floppy Drive: 3.5 inch 1.44MB Floppy Drive 13 - 1340-37361 Operating System: Microsoft@) Windows@ 2000 Professional (Service Pack 2) W2K - 1420-15361 Mouse: MSlntelliMouse@ Explorer, USB, Optical (4-button, w/scro 0-1310-09511 . CD ROM, DVD, and Read-Write Drives: 20/48X IDE CD-ROM and 24X110Xl40X CD Read-Write ROMRW24 - [313-0863] Optional Sound Card: Creative Labs Sound Blaster Live! Value 58512 - 1313-73551 Speakers: harman/kardon 19.5 Speakers HK - 1313-54841 Hardware Support Services: 3Yrs Parts + Onsite Labor (Next Business Day) U30S - [900-6212][900-6940] Installation Services: No Installation NOINSTL - [900-9987] Energy Starâ„¢: Energy Starâ„¢ FS - 1310-64141 . . I> add item to your E-quote Total Price* $2, :;~;J ?/1, 6 7 E-quot~ E001483600 Details . http://rcommerce. us.dell.comlrcomm/basketasp 01/25/2002 . Memorandmn To: Mayor Kimble and City Council Members cc: Larry Hansen From: Larry Dauffenbach, Police Chief Date: 01/29/02 Re: Purchase of Body Wire In the 2002 capital outlay budget, we requested a body wire. The investigative unit will use the recording device. We would like to purchase the unit through Tactical Technologies Inc. Total price for receiver, transmitter, antenna and battery is $1883.00. There is ample money in capital outlay budget for the item . . 1 LARRYJ.DAUFFENBACH CHIEF OF POLICE ilIwater '~ .~ CRAIGT. PETERSON CAPTAIN THE BIRTHPLACE OF MINNESOTA . POLICE DEPARTMENT Memornndum To: Chief Dauffenbach CC: From: Sgt. David Roettger Date: 01/24/02 Re: Body Wire Purchase After researching the options and consulting with the equipment technician at MOCIC, I recommend we purchase the following body wire equipment: · Tactical Technologies Inc. (ITI) CST-703/V Transmitter · TTI 9VS-703 Battery Contact · TTI A-586 Antenna · Total cost TTI $1143.00 . · MOCIC BTR VI Receiving Unit $740.00 · Total Cost $1883.00 Budget Amount Requested $2000.00. If there is any remaining funds I request they be used to purchase Mini Disk recording media. **See Attached Price Quotes 1. 212 North 4th Street · Stillwater, Minnesota 55082 Business Phone: (651) 351-4900 · Fax: (651) 351"4940 Police Responsel Assistance: 911 . . . 01/24/2002 10:35 FAX 4178831532 MOCIC I{fJ UU.l 1610 East Sunshine, Suite 100 Springfield, MO 65804 Local: (417) 883-4383, Ext. 3323 WATS: (800) 846-6242, Ext. 3323 FAX (417) 883-1532 Mid-States Organized Crime Information Center Fax To: Dave Roettger From: Randy Brown Fax: (651)351-4940 Pages: 1 Phone: (651) 351-4925 Date: January 24, 2002 Re: BTR VI Price Quote CC: o Urgent 0 For Review 0 Please Comment 0 Please Reply o Please Recycle . Comments: Dave, Reference our phone conversation of yesterday. The final price of a BTR VI Receiving Kit with antenna is $740.00 delivered to your agency. The kit will be equipped with an ICOM IC-R2 receiver; a Sony MZ-R900 mini-disc recorder and associated power supplies housed in a Pelican 1450 case. The unit will operate off both ACand DC. There are no batteries installed in the kit, 50 it does require a power source. If you are interested in ordering a kit, please forward a . letter to me so I can' begin ordering the parts. We send the invoice with the unit, so pre-payment is not required. If you have any questions, please give me a call at the number listed above. JRN-24-2002 09:55 4178831532 P.01 97% FROM TACTICAL TECHNOLOGIES INC MW 0 FAX NO. 8169650847 Jan;232002 11: l':::lf-lM t-'l 1r actical 'ffechnologies II ne. 17iJl Secorulhe PO B~ 91 PolMma, PA 1!HJ3S FAX 610-~ TEL 6JO~622-0106 . FAX To: Sgt Dave Roettger From: Scott Dotson Fax: 1-651~51-4940 Pagea: 05 Phone; 1-651-251-4917 Date; 01/23/02 He: Updated Quotation Request cc: TIt'sCorp/HQ . Comments: . Dave, I sincerely appreciate the retum call, and as per our conversation, 1 have attached the updated price quotation on the items we talked about, and the priceindudes the Insured UPS shipping cost also. I have attached the specification sheet on the C5T-703N ,iny TotW transmitter also, and a copy of our Three Year Warranty. When your ready to order, simply sign the quote near the bottom at &1 authorize the following purchase" and fax it up to my Corporate HQ with Attn: Les/ie, at (610) 522-9430. A PO # is not necessary to order. If you have any questions please don't hesitate to give me a call. R1S Scott (816) 540-5894 sdotson@tadicaltechnologies.com . JAN-23-2002 11:43 8169650847 P.01 FROM TACTICAL TECHNOLOGIES INC MW 0 FAX NO. 8169650847 Jan. 23 2002 11:19AM P2 Quotation 'fr actical ffechnologies J1 nc. Corporate OJllce 1701 Second Ave. Folsom, PA 19033 Ph: (610) 522-81061 Fux: (610) 522-9430 Quote for Stillwater Police Department 216 N. Fourth Street Attn: SJ!t Dave Roettl!er Stillwater MN 55082 Phone: 1 (651) 351-4917 Fax: 1 (65]) 351-4940 Quote Nb: 32-MNISPD-Z 1)]/2312002 Midwest Marketinl! Model Qty DESCRIPTION Unit Price TOl"AL CST-703IV 112 Watt. Fully Programmable by the user (not at factory). Miniature Voice Transmitter, with internal and external microphone capability, EIA 102 "Analog" Compliant. (Comes wI programming disk). can be programmed off CT-20 Kit also, mlero miniature size and can be used In one CQvert configuration today and change it tomorrow. 9VDC battery contact- short length for use with CST-703 TX's Antenna for 500, 600 & 700 Series transmitters (NOTE: Frequency allocation not required for programmable series TX A.586's. I.E. CST- 600 & 703 series TX's.) THREE YEAR LIMITED WARRANTY.. standard on each item manufactured by Tactical Technologies Inc. $1.095.00 $1,095.00 9VS-703 $20.00 $22.00 $20.00 $22.00 .A-586 Warranty 50.00 $0.00 Subtotal Discount $1.137.00 $0.00 Shipping Charge Total $6.50 $1,143.00 Delivery: 45-60 daysfrom reciept (if written order confirmation at COTT,orate Headquarters. (FAX or Mail) Orders are not valid without a signed document from an authorized purdlasing agent with the frequency information and shipping address included. FREQUENCIES MVST BE SPECIFIED at time of order. TERMS: NET 30 FOB FOL,SOM, PA 172is qu()te i.~ goodfor 90 days. 1 authorize thefol/()w;ng purchase Purchase Order Number (please remit payments to Corp()rate Office) PQg~ 1 of 1 . JAN-23-2002 11:43 8169650847 P.02 FROM : TACTICAL TECHNOLOGIES INC MW 0 FAX NO. 8169650847 III Catalog - CST-703N Jan. 23 2002 11:20RM ~~ Page 1 of2 Tactical Technologies Inc. CST -703N Synthesized "Tiny Tot" . Frequency Agile, User Programmable $1095.00 Features: . . Audio AGC circuit 8 Internal/External electret microphones 8 6 - 9 volt DC operating voltages . 250 - 500 m W power outputs · EIAl02 'f Analog" Compliant 8 Programmable from PC or Citation 20 ",. · Micro-miniature size . External power 8 Bard lock connectors . Easily concealable. . Scram bling Mode Software Selectable · Use in one configuration today....change it tomorrow! · Ultra-miniature 2.11 in. x 1.10 in. x .435 in. . Specifications: ~ Overall System Frequency Range: Number of Channels: DC Power Input! RF Power Output; Frequency Stability: Modulation Type: Hannonic Output: Spuriou.:s Output: Deviation: Antenna: 150 - 174 lI.1Hz 216.222 MHz One INPUT OUTPUT 6 VDC 250 D1 W +/- I dB 50 ohm load 9 YDe 500 m W +/. I dB 50 ohm load 2.5 ppm (00 C to 500 C) F3E >43 dBc >43 dBc 2.5 kHz Remote 50 ohm, flexible wire (Type 27 connector) . filp.'l/r.\TTTo/"?()r:atlllmlO\rd_70~Lu ht~ JAN-23-2002 11:44 8169650847 P.03 FROM : TACTICRL TECHNOLOGIES INC MW 0 FRX NU. : l::llb'::Jb:>Io:::1l::l4( TT! Catalog - CST-703/V Microphont:: . Battery Leads: Current Drain' Battery Life: Protections: Operating Temperature: Si2e: Weight: Accessories Furnished: . Batteries . Storage case . Software . Various power leads . Programming Cable . External Microphone Options Available: Jan. <:::05 <:::10:::1~<::: 11; <:::~HITI 1""'4 Page 2 of2 Internal electret or external clcctrc:t Automatic switching Whc-"Il external microphone is installed 3" and 9" 9 VDC connectOr 80- 130 mA depending on RF output 2 hrs. to -3 dB using fresh 9 VDC "UltraJife" battery Rever5e polarity -200 C to +550 C 2.11" x 1.10" x .435" .7 oz. i# 703-SCR Scrambling option $100.00 TOR'DERlND TPJe1'tJRl:S TINSlRUCl10NS 1 Sp.ec:lftcstlone. Subjltct To Cbln91t W1lhlU Ncilc:e. o 'PtCllCAL TECHNa.OGlES IrIG 1701 SECOND AVE. FOLSOM. PA USA 19033 TEL 81 0.522-0'1(16 FAX 61 O~-8430 [tIOVe . . 1"\1,..,,... ,^_ ;'1... flr.\ 'T''T'TOI.. ')()r otol ,...n\,..C't. '7 ()'L" ht.....l JRN-23-2002 11:44 8169650847 P.04 FROM : TACTICAL TECHNOLOGIES INC MW 0 FAX NO. t 11 LlI.!lI.J!)g - Warr:lnty Ui"I:,,,~"C~"),<:~ , ".I~ '1~ ',,' , r'./,'.:f::.., ,I' ,,",' , i.I /~. ~'1', ~~~ ".'.:'~J.c::H'':t:.t''''' ( , , ,~, ';" ''^' , '.' '., ,"""iJ'~ffi;l , ":~:,'::'X:: )^~~::,.~~:r~~t 815'36:>1dl:l4 ( Jan. ~,j ~l:::lla~ 11: ~lHI"'I' t-'::> Page 1 of 1 7Jr. ~ 11 ~: .'.'.' I. actical 11' echnologies {nc. " .. - .. \ Three (3) Year Limited Warranty Tactical Technologies Inc. Warrants its dcvices and equipment for a period of three (3) years from date of shipment to be tree from defects in workmanship or materials unless otherwise stated. The liability of Tactical Technologies Inc., under this warranty is limited to replacing, repairi~~ or issuing credit, at its option, for any devices which are returned by the Purchaser during such warranty period, provided: · Tactic.:il Technologies Inc. is notified in writing witJlin five days, after discovery of such defects by the Purchaser. Proof of purchase must accompany notification. · The defective Wlits are returned LO Tactical Tecbnologies.lnc. nearest regional office with transportation charges Prepaid by the Purchaser. NO C.O.D. shipments will be 3(...cepted. · Equipment damaged in shipment must be reported to Clnd claim forms filed with carrier by customer. Tn shipments to factory,.notice and claim procedllrcs will be initiated by Tactical TecJmologies Tnc. · Tactical Technologies Inc.'s examination of such units shall disclose to its satisfaction that such defects exist and have not been caused by misuse, misapplication, neglect, improper insLallation, improper storage, alter<ltion, physical damage or accidents. · The warranty shall not apply to microphones, batteries, anl.eIln~,crystals, or material ordinarily susceptible toO field damage or any accessories of a disposable nature. · This warranty does not apply to, and Tactical Technologies Inc. does not ind.cpendently warrant, items or systems sold by Tactical.Technologies Inc. which are produced by other manufacturers' and or which warranty cards of doownents of tlle original manufacturers are included in shipment from Tactical Technologies Inc. With respect to such items, the purchaser must look to the warranty of the original manufacmrer and Tactical Technologies Inc. disclaims aU warranty, expressed or implied. In no event shall Tactical Technologies Inc. be liable to the Purchaser for incidental, collateral, or consequential damages of any nature arising from the use, perfonnance, sale, resale, or distribution of any of its products or from any cause or llature whatsoever. This warranty is in lieu of all other warraDfies. expressed or implied. U..'-'.II"-'.\" .a,c. """..n,....~'-'t""(.I..Aa...at.1.j.lU.U JAN-23-2002 11:45 8169650847 . . . P.05 · Memo . . DATE of MEMO: February 1,2002 DATE of MEETING: February 5, 2002 TO: Mayor and City Council Chantell Knaus~ Director of Administration FROM: RE: Exempting Larry D. Hansen from Resolution 2001:-201 and Allowing Participation in the ICMA-RC Deferred Compensation Plan On October 16,2001, the City passed Resolution 2001-201 (attached) only allowing employees that had been or were currently participating in the ICMA-RC Deferred Compensation Plan to continue. The Resolution also limits new participant enrollment into ICMA-RC. As you know, Larry D. Hansen began his employment with the Cityon January 14,2002. Although Mr. Hansen is a new employee ofthe City of Stillwater, he has been an active participant in the ICMA-RC Deferred Compensation Plan for over 18 years. Recommendation Staff recommends the City Council consider adopting the attachdd Resolution exempting Larry D. Hansen from Resolution 2001-201 and allowing him to participate in the ICMA-RC Deferred Compensation Plan. RESOLUTION NO. 2001~201 DEFERRED COMPENSATION PLANS . WHEREAS, the City has received a request to offer the MN State Deferred Compensation Plan; and WHEREAS, the City's current practice is to offer a maximum of two active deferred compensation plans; and WHEREAS, there is a lack of participation in the ICMA-RC Plan, one of the City's current plans. BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the City shall offer a maximum of two active Deferred Compensation Plans (457k) to its employees at any given time; and BE IT FURTHER RESOLVED, that as of October 16, 2001 any employee that has been or is a current participant in the ICMA-RC Plan may continue to participate in the Plan. However, any employee that has not been or is not a current participant in the ICMA-RC Plan may not enroll as a new participant; and BE IT FURTHER RESOLVED, that as of January I, 2002, the City shall begin offering the MN State Deferred Compensation Plan. . Adopted by the City Council this 16th day of October 200 I. --~ #i!r ATIEST: A1-e~LJ J ~~d4~ Diane F . Ward, City Clerk . . . . RESOLUTION 2002-28 EXEMPTING LARRY D. HANSEN FROM RESOLUTION 2001-201 AND ALLOWING PARTICIPATION IN ICMA-RC DEFERRED COMPENSATION PLAN WHEREAS, Resolution 2001-201 states that as of October 16, 2001 any employee that has not been or is not a current participant in the ICMA-RC Plan may not enroll as a new participant; and WHEREAS, Larry D. Hansen has been an active participant in the ICMA-RC Plan for the past 18 years. THEREFORE BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that Larry D. Hansen be exempted from Resolution 2001-201 and is hereby allowed to participate in the ICMA-RC Deferred Compensation Plan. Adopted by the City Council this 5th day of February 2002. Wally Milbrandt, Acting Mayor ATTEST: Diane F . Ward, City Clerk . Memorandmn To: Mayor Kimble and City Council Members cc: Larry Hansen From: Larry Dauffenbach, Police Chief Date: 01/31/02 Re: Alcohol Compliance Grant The Stillwater Police Department has been awarded a grant from the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division. The grIDltisfor alcohol compliance checks. The grant will pay the Stillwater Police Dep-artInent $75.00 for each compliance check performed. Total grant not to exceed $Z550.()(). We have 39 liquor licenses issued that we do the compliance checks on. . RecOtnmend acceptance of the grant for alcohol compliance. 1 CFMS Contract Number: STATE OF MINNESOTA ANNUAL PLAN JOINT POWERS AGREEMENT THIS JOINT POWERS AGREEMENT, and amendments and. supplements thereto (hereinafter "Contract"), subject to the laws. Minnesota, is between the State of Minnesota, acting through its Commissioner of Public Safety, Alcohol & Gambling Enforcement Division (hereinafter "STATE"), which is empowered to enter into joint powers agreements pursuantto Minn. Statg 471.59, Subd. 10, and the City of Stillwater, Stillwater Police Department, address, 216 North 4th. Street, Stillwater, MN (hereinafter "GOVERNMENTAL UNIT"), which is empowered to enter into jointpowers agreements pursuant to Minn. Stat. g 471.59, Subd. 10; WHEREAS, the STATE is in need of reimbursing local jurisdictions for their participation in a federal grant program to combat underage drinking", and . WHEREAS, GOVERNMENTAL UNIT represents that it is duly qualified and willing to perform the services set forth herein. NOW, THEREFORE, it is agreed: I. A. GOVERNMENTAL UNIT's DUTIES (Attach additional page if necessary, which is incorporated by reference and made a part of this agreement.) GOVERNMENTAL UNIT shall: · conduct independent compliance checks at licensed liquor establishments within their jurisdictions. · report fmdings back to the STATE using the STATE approved ~eporting form. · report all licensed liquor establishments failing compliance check to local liquor license issuer to impose penalty pursuant to Minn. Statute 340AA15. II. CONSIDERATION AND TERMS OF PAYMENT: A. CONSIDERATION: Consideration for all services performed by the GOVERNMENTAL UNIT pursuant to this Contract shall be paid by the STATE as follows: 1. COMPENSATION: Compensation in an amount not to exceed $2,550.00, based on the following methOd' payment: $75.00 per completed compliance check. 2. REIMBURSEMENT: Reimbursement for travel and subsistence expenses actually and necessarily incurred by the GOVERNMENTAL UNIT in performance of this Contract in an amount not to excee~ (None) dollars ($0.00); provided, that the GOVERNMENTAL UNIT shall be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioners Plan, "promulgated by the commissioner of Employee Relations. The GOVERNMENTAL UNIT shall not be reimbursed for travel and subsistence expenses incurred outside the State of Minnesota unless given prior written approval for such out-of-state travel from the STATE. THE TOTAL OBLIGATION OF THE STATE FOR ALL COMPENSATION AND REIMBURSEMENTS TO GOVERNMENTAL UNIT SHALL NOT EXCEED: Two Thousand Five Hundred Fifty Dollars and no/lOO's dollars ($2,550.00). B. TERMS OF PAYMENT: 1. INVOICE: Payments shall be made by the STATE promptly after the GOVERNMENTAL UNIT's presentation of invoices for services performed and acceptance of such services by the STATE's Authorized Representative pursuant to clause VII. Invoices shall be submitted in a form prescribed by the STATE and according to the following schedule: Itemized invoice and report must be filed together, in arrears, and within 30 days of the period covered by the invoice for work satisfactorily performed, Final invoice and report must be received . Joint Powers Agreement tDPS! Alcohol & Gambling Enf.) I . III. IV. V. VI. . VII. VIII. IX. X. . no later than June 30, 2002. 2. FEDERAL FUNDS: (When applicable.) Payment~ are to be made from federal funds obtained by the STATE through Title Juvenile Justice & Delinquency Prevention CFDA number 16.541 of the . Dept. of Justice Act of 1974 Sec. 261,262 (Public law 93-415 al}d amendments thereto). Ifat any time such funds become unavailable, this Contract shall be terminated immediately upon written notice of such fact by the STATE to the GOVERNMENTAL UNIT. In the event of s~ch termination, the GOVERNMENTAL UNIT shall be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. TIMELINESS: The GOVERNMENTAL UNIT shall comply with fill of the time requirements described in this Contract. CONDITIONS OF PAYMENT: All services provided by GOVE~ENTAL UNIT, pursuant to this Contract, shall be performed to the satisfaction of the STATE, as determined at the sole discretion of the STATE's Authorized Representative, and in accordance with all applicable federal, state, and local laws, ordinances, rules and regulations. The GOVERNMENTAL UNIT shall not receive payment for work found by the STATE to be unsati~factory, or performed in violation of federal, state or local law, ordinance, rule or regulation. TERMS OF CONTRACT: This Contract shall be effective on July, 1, 2001, or upon the date that the fmal required signature is obtained by the STATE, pursuant to Minn. Stat. S 16C.05, Subd. 2, whichever occurs later, and shall remain in effect until May 31, 2002, or until all obligations set forth in this Contract have been satisfactorily fulfilled or the Contract has been canceled, whichever occurs first. The GOVERNMENTAL UNIT shall have a pontinuing obligation, after said Contract period, to comply with the following provisions of Contract clauses: X. Liability; XLi State Audits; XII. Minnesota Data Practices Act; XIII. Intellectual Property Rights; XIV. Publicity; and XVIII. Jurisdiction and Venue. THE GOVERNMENTAL UNIT UNDERSTANDS THAT NO WORK SHOULD BEGIN UNDER THIS CONTRACT UNTIL ALL REQUlRED SIGNATURES HAVE BEEN OBTAINED, AND THE GOVERNMENTAl:, UNIT IS NOTIFIED TO BEGIN WORK BY THE STATE's AUTHORIZED REPRESENTATIVE. CANCELLATION: This Contract may be canceled by the STATE or the Commissioner of Administration at any time, with or without cause, upon thirty (30) days written notice to the GOVERNMENTAL UNIT. In the event of such a cancellation, the GOVERNMENTAL UNIT shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed. STATE's AUTHORIZED REPRESENTATIVE: The STATE's Authorized Representative for the purposes of administration of this Contract is Director Frank Ball, or successor in office. The GO\fERNMENT AL UNIT's Authorized Representative for the purposes of administration of this Contract is Chief Larry Dauffenbach, or successor in office. The. STATE's Authorized Representative shall have fmal authority for acceptance of GOVERNMENT AL UNIT's services and if such services are accepted as satisfactory, shall so certify on each invoice submitted pursuant to Clause II, paragraph B. , , ASSIGNMENT: The GOVERNMENTAL UNIT shall not assig~, delegate, or transfer any rights or obligations under this Contract without the prior written consent of the STATE. AMENDMENTS: Any amendments or modifications to this Contract shall be in writing and shall not be effective until executed by the parties to this Contract and approved by all STATE officials ias required by law. LIABILITY: The GOVERNMENTAL UNIT will indemnify, save and hold the STATE, its agents and employees harmless from any claims or causes of action, including attorneys' fees incurred by ~e STATE, arising from the performance of this Contract by GOVERNMENTAL UNIT or GOVERNMENTAL UNIT's agents or employees. This clause will not be construed to bar any legal remedies the GOVERNMENTAL UNIT may have for ~e STATE's failure to fulfill its obligations under this Contract. XI. STATE AUDITS: Under Minn. Stat. S 16C.05, subd. 5, the GOVERNMENTAL UNIT's books, records, documents and accounting procedures and practices relevant to this Contract are subject to examination by the STATE and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end date of this Contract. ! GOVERNMENTAL UNIT will also comply with all federal audit!requirements as stated in Attaclnnent A., which is hereby incorporated by reference and made a part of this Contract. Joint Powers Agreement (DPS/Alcohol & Gambling Enf.) 2 XII. MINNESOTA GOVERNMENT DATA PRACTICES ACT: The GOVERNMENTAL UNIT and the STATE must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the STATE under this Contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the GOVERNMENTAL UNIT under this Contract. The civil remedies of Minnesota Statutes S 13.08 apply to the release of the data referred to in this clause by either the GOVERNMENTAL UNIT or the STATE. If the GOVERNMENTAL UNIT receives a request to release the data referred to in this clause, the GOVERNMENTAL ~ must immediately notify the STATE. The STATE will give the GOVERNMENTAL UNIT instructions concerning the release of the data to the requesting party before the data is released. XIII. INTELLECTUAL PROPERTY RIGHTS - State Owns Intellectual Property Rights and Documents with a Free License to the GOVERNMENTAL UNIT A. INTELLECTUAL PROPERTY RIGHTS: The STATE shall own all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the WORKS and DOCUMENTS. WORKS shall mean all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the GOVERNMENTAL UNIT, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this Contract. WORKS shall include "DOCUMENTS." DOCUMENTS are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether intangible or electronic forms, prepared by the GOVERNMENTAL UNIT, its employees, agents, or subcontractors, in the performance of this Contract. The DOCUMENTS shall be the exclusive property of the STATE and all such DOCUMENTS shall be remitted to the STATE by the GOVERNMENTAL UNIT upon completion or cancellation of this Contract. To the extent possible, those WORKS eligible for copyright protection under the United States Copyright Act shall be deemed to be "works made for hire." The GOVERNMENTAL UNIT agrees to, and hereby does, assign all right, title, and interest it may have in the WORKS and the DOCUMENTS to the STATE. The GOVERNMENTAL UNIT shall, at the request of the STATE, execute all papers and perform all other acts necessary to transfer or record the STATE's ownership interest in the WORKS and DOCUMENTS. B. OBLIGATIONS: . NOTIFICATION: Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the GOVERNMENTAL UNIT, including its employees and subcontractors in the performance of this Contract, the GOVERNMENTAL UNIT shall immediately give the STATE's Authorized Representative written notice thereof, and shall promptly furnish the Authorized Representative with complete information and/or disclosure thereon. 1. 2. REPRESENTATION: The GOVERNMENTAL UNIT shall perform all acts and take all steps necessary to ensure that all intellectual property rights in the WORKS and DOCUMENTS are the sole property of the STATE, and that no GOVERNMENTAL UNIT employee, agent, or subcontractor retains any interest in and to the WORKS and DOCUMENTS. The GOVERNMENTAL UNIT represents and warrants that the WORKS and DOCUMENTS do not and shall not infringe upon any intellectual property rights of other persons or entities. The GOVERNMENTAL UNIT shall indemnify, defend, and hold harmless the STATE, at the GOVERNMENTAL UNIT's expense, from any action or claim brought against the STATE to the extent that it is based on a claim that all or part of the WORKS or DOCUMENTS infringe upon the intellectual property rights of others. The GOVERNMENTAL UNIT shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to, attorneys' fees. If such a claim or action arises, or in the GOVERNMENTAL UNIT's or the STATE's opinion is likely to arise, the GOVERNMENTAL UNIT shall, at the STATE's discretion, either procure for the STATE the right or license to use the intellectual property rights at issue or replace or modify the allegedly infringing WORKS or DOCUMENTS as necessary and appropriate to obviate the infringement claim. This remedy of the STATE shall be in addition to, and not exclusive of, other remedies provided by law. c. SURVIVABILITY: The rights and duties of the STATE and the GOVERNMENTAL UNIT provided for above shall survive the expiration or cancellation of this Contract. . Joint Powers Agreement (DPS/Alcohol & Gambling Enf) 3 _/ XIV. . XV. XVI. XVII. PUBLICITY: Any publicity given to the program, publications, or services provided resulting from this Contract, including, but not limited to, notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the GOVERNMENTAL UNIT or its employees individually or jointly with others, or any subcontractors shall identify the STATE as the sponsoring agency and shall not be released, unless such release is a specific part of an approved work plan included in this Contract prior to its approval by the STATE's Authorized Representative. WORKERS' COMPENSATION: (When applicable.) The GOVERNMENTAL UNIT certifies that it is in compliance with Minn. Stat. S 176.181, subd 2, pertaining to workers' compensation insurance coverage. The GOVERNMENTAL UNIT's employees and agents will not be considered STATE employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees or agents and any claims made by any third party as a consequence of any act or omission on the part of these employees or agents are in no way the STATE's obligation or responsibility . DATA DISCLOSURE. Under Minn. Stat. S 270.66, and other applicable law, the GOVERNMENTAL UNIT consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the STATE, to federal and state agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state laws which could result in action requiring the GOVERNMENTAL UNIT to file state tax returns, pay delinquent state tax liabilities, if any, or pay other state liabilities. PROMPT PAYMENT TO SUBCONTRACTORS: (When applicable.) GOVERNMENTAL UNIT is required to pay subcontractors pursuant to Minn. Stat. S 16A.1245. XVIII. JURISDICTION AND VENUE: This Contract and executed amendments thereto, shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this Contract, or breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. XIX. COMPLETE CONTRACT: This Contract, and amendments and supplements, constitutes the entire agreement between the parties. XX. OTHER PROVISIONS: None ~ WITNESS WHEREOF, the parties have caused this Contract to be duly executed intending to be bound thereby. APPROVED: 1. Encumbrance Verification: Signed: By Date: -)-1 (;-O~. Title Annual Plan T number: 20702 Date 2. GOVERNMENTAL UNIT: GOVERNMENTAL UNIT certifies that the appropriate person( s) have executed the Contract on behalf of the GOVERNMENTAL UNIT as required by applicable articles, by-laws, resolutions, or ordinances. . .3. STATE AGENCY (with delegated authority): By: By Title: Director Date: Title Date Joint Powers Agreement (DPS/AJcohol & Gambling Enf) 4 . 1. . . i FEDERAL AUDIT ~QUIREMENTS Attachment A (Pages 1 and 2) i For subrecipients who are state (includes Indian tribes) or I:ocal governments ! If the grantee expends total direct and indirect federal assistancie of: I I ** Equal to or in excess of$300,000 or more per year, the grantee agrees to obtain a fmancial and compliance audit made in I accordance with the Single Audit Act of 1984 (Public Law 98-502) and the federal Office of Management and budget (OMB) Circular A-133. The law and circular pro~ide that the audit shall cover the entire operations of the grantee government or, at the option of the grantee goven1ment, it may cover departments, agencies or establishments that received, expended, or otherwise administered fede~alfmancial assistance during the year. I Audits shall be made annually unless the State or local governm~nt has, by January 1, 1987, a constitutional or statutory requirement for less frequent audits. For those governments, the cogniza~t agency shall permit biennial audits, covering both years, if the government so requests. It shall also honor requests for biennial! audits by governments that have an administrative policy calling for audits less frequent than annual, but only for fiscal years begmhing before January 1, 1987. I : 2. For sub recipients who are institutions of higher education, hospitals, or other nonprofit organizations , i If the grantee expends total direct and indirect federal assistance! of $300,000 or more per year, the grantee agrees to obtain a fmancial and compliance audit made in accordance with OMB Circtilar A-133. The audit must be an organization wide audit, unless it is a coordinated audit in accordance with OMB Circular A-133. However, when the $300,000 or more was expended under only one program, the subrecipient may have an audit of that ~ne program. . , i Audits shall usually be made annually, but not less frequently than every two years. i 3. , All audits shall be made by an independent auditor. An independent auditor is a state or local government auditor or a public accountant who meets the independence standards specified in t~e General Accounting Office's Standards for Audit of Governmental Organizations, Programs, Activities, and Functions. I ! i Audit reports shall state that the audit was performed in accord~nce with the provisions of OMB Circular A-133 as applicable. 4. In addition to the audit report, the recipient shall provide cornm~nts on the fmdings and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior fmdings. If corrective , action is not necessary a statement describing the reason it is nbt should accompany the audit report. I I I 5. . . The grantee agrees that the grantor, the Legislative Auditor, the State Auditor, and any independent auditor designated by the grantor shall have such access to grantee's records and financial state~ents as may be necessary for the grantor to comply with the Single Audit Act and OMB Circular A-133,as applicable. ! I Joint Powers .Agreement (DPS/Alcohol & Gambling Enf.) 6 6. Grantees of federal financial assistance from subrecipients are also required to comply with the Single Audit Act and the OMB Circular A-133, as applicable. . 7. The grantee agrees to retain documentation to support the schedule of federal assistance. 8. Required audit reports must be filed with the Office of the State Auditor, Single Audit Division and with the Department of Public Saf~ty, within 30 days after the completion of the audit, but no later than one year after the end of the audit period. The Department of Public Safety's audit report should be addressed to: Minnesota Department of Public Safety Office of Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square S1. Paul, MN 55101-5126 9. Recipients expending more than $300,000 in federal funds are to submit one copy of the audit report within 30 days after issuance to the clearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jefferson, Indiana 47132 Attn: Single Audit Clearinghouse . . Joint Powers Agreement (DPS/Alcobol & Gambling Enf.) 7 RESOLUTION 2002-29 . APPROVAL OF STATE OF MINNESOTA ANNUAL PLAN JOINT POWERS AGREEMENT BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the annual plan joint powers agreement between City of Stillwater and the State of Minnesota, relating to reimbursing local jurisdictions for participation in a federal grant program to combat underage drinking, as on file with the City Clerk, is hereby approved, and the Mayor and Clerk are authorized to sign said Agreement. Adopted by Council this 5th day of February 2002. Wally Milbrandt, Acting Mayor ATTEST: . Diane F. Ward, City Clerk . . MEMORANDUM TO: Mayor and Council Larry Hansen, City Administrator ~ FROM: SUBJECT: PERA Exemption DATE: January 28,2002 . As per the employment agreement negotiated by the Brimeyer Group, I am requesting exemption from the Public Employees Retirement Association. This exemption is specifically allowed for City Managers! Administrators under Minnesota Statutes 353.028, Subd. 1. By granting the exemption, the City will contribute the ex act same percentage of salary it would normally contribute to PERA and I would be able to continue with a retirement account of which I have belonged for over 18 years. . RESOLUTION NO. 2002-30 A RESOLUTION APPROVING EXCLUSION OF LARRY D. HANSEN FROM THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION (PERA) . WHEREAS, Larry D. Hansen has notified the City, in writing, of his election to be excluded from membership in the Public Employees Retirement Association (PERA), in accordance with Minnesota Statutes 353.028. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota the following findings: 1. Larry D. Hansen was hired by the City of Stillwater on January 14, 2002 to serve as the City of Stillwater City Administrator. The position is provided for in the Charter of the City of Stillwater. The City Administrator is the chief administrative officer of the City of Stillwater. Acting under Minnesota Statutes 353.028, Larry. D. Hansen has elected to be excluded from membership in the Public Employees Retirement Association, effective upon his filing such election with the Executive Director of that association. In making this election, Larry D. Hansen has agreed that he will not at any time in the future seek any authorization to purchase service credit for any period of excluded service. He has further agreed that this election is irrevocable. . 2. 3. 4. 5. BE IT FURTHER RESOLVED, that the election of Larry D. Hansen for exclusion from membership in the Public Employees Retirement Association is hereby approved and staff is directed to provide a certified copy of this Resolution to the Association. Adopted by the City Council this 5th day of February 2002. ATTEST: Wally Milbrandt, Acting Mayor Diane F. Ward, City Clerk . · Memo DATE of MEMO: February 1,2002 DATE of MEETING: February 5, 2002 TO: Mayor and City Council Chantell Knaus~ Director of Administration FROM: RE: Personnel Policy Amendment The City's Personnel Policy, effective October 1,2001, should have stated within Section 10-3, Sick Leave: . "For the purpose of determining the date on which the benefit schedule changes, sick leave shall accrue on January 1 immediately preceding the employee's anniversary date." This is the way Sick Leave accrued in the November 1, 1988 Personnel Policy as well as in the update of this Section in Resolution 98-272, adopted on October 29, 1998. Recommendation Staff recommends the City Council consider approving the attached Resolution amending Section 10-3, Sick Leave, of the City's Personnel Policy. . RESOLUTION 2002-31 AMENDING SECTION 10-3 SICK LEAVE OF THE PERSONNEL POLICY BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that Section 10-3, Sick Leave, of the Personnel Policy shall be amended to include the following paragraph: "For the purpose of determining the date on which the benefit schedule changes, sick leave shall accrue on January 1 immediately preceding the employee's anniversary date." Adopted by the City Council this 5th day of February 2002. Wally Milbrandt, Acting Mayor ATTEST: Diane F. Ward, City Clerk . . . CITY OF STILLWATER INVESTMENT POLICY . PURPOSE The purpose ofthis policy is to establish specific guidelines that the City of Stillwater will use in the investment of City funds. It will be the responsibility ofthe city Treasurer or City Administrator to invest city funds in order to attain a market rate of return while preserving and protecting the capital ofthe overall portfolio. Investments will be made, based on statutory constraints, in safe, low risk instruments. SCOPE The Treasurer is responsible for the investing of all funds in the custody of the City, including, but not necessarily limited to, the General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, Enterprise Funds, Agency Funds and excluding Fire Relief Pension Funds. PRUDENCE . The standard of prudence to be used by investment officials shall be "prudent investor", and shall be applied in the context of managing the overall portfolio. Investment officers acting in accordance with this policy and with MN Statute 118A, and exercising due diligence shall be relieved of personal responsibility for an individual security's credit or market price changes, provided that reasonable action is taken to control adverse developments and unexpected deviations are reported in a timely manner. OBJECTIVE There are three main objectives of all investment activities that are prioritized as follows: 1. Safety. a. Safety of principal is the foremost objective of the City. Each investment transaction shall seek to first insure that capital losses are avoided. The objective will be to mitigate credit risk and interest rate risk. b. Credit risk is the risk of loss due to failure of the security issuer or backer. b. Interest Rate Risk is the risk that the market value of securities in the portfolio will fall due to changes in general interest rates. 2. Liquidity. a. The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by . . structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands. . 3. Yield. a. The investment portfolio of the City of Stillwater shall be designed to attain a market-average rate of return through budgetary and economic cycl~s, taking into consideration the City's investment risk constraints, cash flow characteristics of the portfolio and prudent investment principles. Subject to requirements ofthe above objectives, it is the policy of the City of Stillwater to offer financial institutions and companies within the City of Stillwater the opportunity to bid on investments. However, the City of Stillwater will use brokers/dealers and/or institutions that can provide the best investment yields and the most favorable and prudent portfolio diversification. DELEGATION OF AUTHORITY Management responsibility for the investment program is hereby delegated from the City Council to the Treasurer who shall establish procedures for the operation of the investment program, consistent with this investment policy. Such procedures shall include delegation of authority to persons responsible for the investment transactions. The Treasurer shall be responsible for all transactions undertaken and shall establish a system of internal controls designed to prevent losses from fraud and employee error or mismanagement. .. CONFLICT OF INTEREST Any City official (elected or appointed) involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program or which could impair ability to make impartial decisions. AUHORIZED FINANCIAL INSTITUTE AND DEALER In accordance with MN Statutes l18A.00S, the responsibility for conducting investment transactions resides with the City Council of the City of Stillwater. Also, the City Council. shall designate depositories for the irlvested funds. In selecting depositories, the credit worthiness of the institutions under consideration shall be examined by the Treasurer before recommending their designation as a depository. Only approved security brokers/dealers selected by creditworthiness shall be utilized (minimum capital requirements of $1 0,000,000.00 and at least five years of operation experience). These may include "primary" dealers or regional dealers that qualify under Securities and Exchange Commission Rule lSc3-1 (uniform net capital rule). . . . . All financial institutions and brokers/dealers must supply the following as appropriate: 1. Audited financial statements 2. Proof of National Association of Securities Dealers (NASD) certification. 3., Proof of State registration. 4. Completed broker/dealer questionnaire for firms who are not major regional or national firms 5. Certification of having read the City's investment policy. BROKER REPRESENTATIONS Municipalities must obtain from their brokers certain representations regarding future investments. MN Statutes, Section 118A, Subdivision 6, requires munIcipalities to provide each broker with information regarding the municipalities investment restrictions. Before engaging in investment transactions with the City of Stillwater, the supervising officer at the securities broker/dealer shall submit a certification annually according to MN Statute 118A.OS. The document will state that the officer has reviewed the investment policies and objectives, as well as applicable state law, and agrees to d~sclose potential conflicts of interest or risk to public funds that 'might arise out of business transactions between the firm and the City of Stillwater. All financial institutions shall agree to undertake reasonable efforts to preclude imprudent transaction involving City funds. AUTHORIZED AND SUITABLE INVESTMENT MN Statutes, Section 118A, Subdivision 3, lists all permissible investments for municipalities. This list establishes the maximum investment risk permitted for a Minnesota municipality. Even though MN Statutes, Section 118A provides for more) instruments to be used for investing purposes, the following is a listing of investments the City will be authorized to invest in: 1. Government Securities. Instruments such as bonds, notes, bills, mortgages and other securities which are direct obligations of the federal government or its agencies, with the principal fully guaranteed by the U.S. Government or its agencies. 2. Certificate of Deposit. A negotiable or nonnegotiable instrument by commercial banks and insured up to $100,000.00 by the Federal Deposit Insurance Corporation (FDIC). 3. Repurchase Agreement. An investment which consists of two simultaneous transactions, where an investor purchases securities from a bank or dealer. At the same time, the selling bank or dealer agrees to repurchase the securities at the same price plus interest at some agreed-upon future date. The security purchased is the collateral protecting the investment. . 4. Prime Commercial Paper. An investment used by corporations to finance receivables. A short term (matures in 270 days or less) unsecuredpromissory note is issued fora maturity date specified by the purchaser. Corporations market their paper through dealers who in turn market the paper to investors. The paper must be rated at least AI-PI or at a rating that is in accordance with MN Statutes 1I8A. 5. State or Municipal securities. Any security which is a general obligation of the State of Minnesota or any of its municipalities. 6. Statewide Investment Pools. A pool that invests in authorized instruments according to MN Statutes 1I8A. 7. Money Market Mutual Funds. Funds that invest in authorized instruments according to MN Statutes 1I8A. Interest bearing deposits in authorized depositories must be fully insured er co llateralized. COLLATERALIZATION Collateralization will be required on two types of investments: Certificates of deposit and Repurchase Agreements. In order to.anticipate market changes and to provide a level of . security for all funds, the collateralization level will be 110 percent of the market value of principal and accrued interest. When the pledged collateral consists of notes secured by first mortgages, the collateral level will be 140 percent of the market value of principal and accrued interest. Collateral shall be deposited in the name of the City of Stillwater, subject torelease by the City's Treasurer. SAFEKEEPING AND CUSTODY When investments purchased by the City are held in safekeeping by a broker/dealer, they must provide asset protection of $500,000.00 through the Securities Investor Protection Corporation (SIPC) and at least another $20,000,000.00 supplemental insurance protection. DIVERSIFICATION The City will attempt to diversify its investments according to type and maturity. The portfolio, as much as possible, will contain both short-term and long-term investments. The City will attempt to match its investments with anticipated cash flow requirements. Extended maturities may be utilized to take advantage of higher yields. However, no more than twenty-five percent (25%) of the total investments should extend beyond five (5) years and in no circumstance should any extend beyond ten (10) years without . . . . Council approval. Further, investments in Commercial Paper, or similar unsecured instruments, shall not exceed 25 percent (25%) of the total investments and no individual issuer shall exceed $500,000.00 without Council approval. INVESTMENT REPORTING The Treasurer shall prepare and submit an investment report at least quarterly, including a management summary that provides a clear picture of the status of the current investment portfolio and transactions made over the last quarter. CONCLUSION The intent of this policy is to ensure the safety of all city funds. The main goal ofthe City will be to achieve a market rate of return while maintaining the safety of the principal. Approved by the City Council this 2002. day of Wally Milbrandt, Acting Mayor Attest: City Clerk ~ ------- ? RESOLUTION 2002-32 ADOPTING INVESTMENT POLICY BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the Investment Policy is hereby adopted. Adopted by the City Council this 5th day of February 2002. Wally ~li 1 brandt, Acti ng Mayor ATTEST: Diane F. Ward, City Clerk . . . . Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 444 Cedar St-Suite 133 St. Paul, MN 55101-5133 ~/~ ~cJ..t17 (651)29G-G4~ TDD (651)282-6555 APPLICATION AND PERMIT FOR A TEMPORARY ON-SALE LIQUOR LICENSE DATE ORGANIZED \Cf15 <311 UMJIfr[; R- BUSINESS PHONE ({d;f ) .0 t 2- TYPE OF ORGANIZATION o CLUB OCHARITABLE ORELIGIOUS ~OTHER NONPROFIT Af~f~A-IQHD -A-V '5:TPIf-lU-HAJ60/~6 ADDRESS 146 Nt>.A2Ti 57JLi..U)ft-r7:;: ~~ ADDRESS I b 66)Uff}JS TAX EXEMPT NUMBER 3\62 s~~ S Sr o-'(l.OIX lr3B'MHMIJ (is . Location where license will be used. If an outdoor area, describe WMrt IIJ G-ThN () fJ u }JT V if I 5 TD R.l ~ (11) 1I.t41-/Ol1.S6 Will the applicant contract for intoxicating liquor services? If so, give the name and addres.s of the liquor licensee providing the service. IJO Will the applicant carry liquor liability insurance? If so, the carrier's name and amount of coverage. (NOTE: Insurance is not mandatory.) fE.l)eR4L., -p.:JSUI<..';flV(Y~ (!nUPAAJ4 . 6/1/)00,. 000 APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITIlNG TO ALCOHOL & GAMBLING ENFORCEMENT CITY ICOUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED Alcohol & Gambling Enforcement DireCtor . Note: Do not separate these two parts, send both parts to the address above and the original signed by this division will be returned as the license. Submit to the city or County at least 30 days before the event. PS-09079 (6/98) Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 444 Cedar St-Suite 133 St. Paul, MN 55101-5133 ;Z IS" -" ~ 0'1 (651)~96 6439 TDD (651)282-6555 APPLICATION AND PERMIT FOR A TEMPORARY ON-SALE LIQUOR LICENSE ZIP CODE 552'8 Z- DATE ORGANIZED CITY '5TI LLw A-'Te"e.- BUSINESS PHONE (/fil) 430 -017- TYPE OF ORGANIZATION o CLUB OCHARITABLE ORELIGIOUS ADDRESSr 021 ~ r-f ADDRESS 45 ADDRESS \ lD 15 ~l.leeil; Location where license will be used. If an outdoor area, describe W~H/~r.....Tl)^-J (lnu i\Jry [415ro~ lC- &u..ftTIfOu.SE Will the applicant contract for intoxicating liquor services? If so, give the name and address of the liquor licensee providing the service. ~Jo Will the applicant carry liquor liability insurance? If so, the carrier's name and amount of coverage. A- (NOTE: Insurance is not mandatory.) ~~ERAL I. NSU~A rvC,.,E (I DHP4N ~ - z:p 'J(JtnJ()on APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNlY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT CITY fCOUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFIOAL APPROVED Alcohol & Gambling Enforcement Director Note: Do not separate these two parts, send both parts to the address above and the original signed by this division will be returned as the license. Submit to the city or County at least 30 days before the event. .,.-/ . . . CONTINUANCE OF MEMORANDUM For the Cities of Stillwater, Oak Park Height and Bayport January 1 - December 31,2002 It is hereby agreed that GoodwilllEaster Seals (hereinafter Goodwill) will provide collection services to the cities of Stillwater, Oak Park Heights and Bayport, MN (hereinafter cities). The scope of services includes the acceptance of household material for reuse, as identified in Attachment A. To provide said services, Goodwill will maintain an Attended Donation Center in its store at 14460 N. 60th Street, Stillwater, Mn. The terms of this continuance of original agreement are for January 1 ~ December 31, 2002. Goodwill agrees to maintain it liability insurance to cover the Attended Donation Center. The Cities agree to pay $.50 per household for the collection of reuse material to Goodwill, as identified in Attachment B and to provide advise and counsel to Goodwill for the services . provided by Goodwill. Other than stated in this memorandum, the provisions of the original agreement shall remain in force. Passed and adopted this day of ,2002. Date: , By: City of Stillwater Date: , By: City of Oak Park Heights Date: , By: City of Bayport Date: //~?102 I Ml~~ , By: Goodwill/Easter Seals ATTACHMENT A ATTENDED DONATION CENTER Cities of Stillwater, Oak Park Heights and Bayport . GOODWILL - ADC ACCEPTABLE MATERIALS 2002 Clothing (clean) Games & toys (includes all pieces) lamps Curtains linens Knickknacks Hardware and tools Furniture in good repair, no stains, rips or tears and structurally intact Working electrical & battery powered items Medical or adaptive equipment, such as wheel chairs, bathroom aids, etc. GOODWILL - ADC UNACCEPTABLE MA TERIALS - 2002 Items with holes, tears, wet or mildewed Household hazardous waste Hazardous Waste Tires Exercise eqUipment Carpet, carpet scraps & pads Mattresses, box springs, waterbeds, and sleeper sofas . Baby Furniture/equipment Plumbing/construction materials large counsel stereos Household batteries Televisions & computer monitors scrap metal Fluorescent Fixturesl Ballast's Weapons, including any pistols rifles, bullets, knives, bows, arrows and any explosive or harmful materials large appliances (refrigerators, freezers, stoves/ovens, washers, dryers, air conditioners, dehumidifiers, furnaces, garbage disposals, microwaves, trash compactors, water heaters, out dated computers etc.) automotive items (lead acid batteries, lubricants, additives and oils, antifreeze, etc.) health and beauty products (liquids, shavers, curling irons, etc.) recyclables(glass, aluminum, newsprint, cardboard, office paper and plastic) . . . '. ATTACHMENT B CONTRACT COSTS ARE SHARED ON A PER CAPITA BASIS BETWEEN THE CITIES, DETERMENDED BY THE MOST RECENT CENSUS DATA. 2001 Total Cities Household Population = 8,088 X .50 = $4,044.00 4,044.00/12 months = $337.00 month Stillwater 5,797 X .50 = $2,898.50 2,898.50 /12months = 241.54 Oak Park Heights 1,528 X .50 = $764.00 764.00/12 months = 63.67 Bayport 763 X .50 = $381.50 381.50 /12months = 31.79 RESOLUTION 2002-33 APPROVING 2002 MEMORANDUM OF CONTINUANCE FOR GOODWILL ATTENDED DONATION CENTER BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the 2002 Memorandum of Continuance for the Attended Donation Center at the Stillwater Goodwill Store, as on file with the City Clerk, is hereby approved. Adopted by the City Council this 5th day of February 2002. Wally Milbrandt, Acting Mayor ATTEST: Diane F. Ward, City Clerk . . . " .., . . . Memo To: From: Date: Subject: Mayar and City Cauncil Steve Russell, Cammunity Develapment Directar ft--- January 29, 2002 Twa Stall Garages an Liberty Cattage Lots Cauncilman Bealka has received inquiries regarding the garage size requirements far Liberty Cattage Lats. The .ordinance allows a twa stall garage. Same garages are being built with twa stalls and additianal space far starage. The design .of the garage daes nat allaw a third stall. Accarding ta the attached apinian fram the City Attarney, this is legally allawed. Alsa attached is a mema provided by the develaper afthe project ta the existing residence explaining the develapment design review process and particular design hame issues they have addressed. Recommendation: Na actian - FYI Attachments: Letters and City Attorney's apinian. .1.4:53 MAGNUSON LAW FIRM NO.391 [;J02 <* ... MAGNUSONLAWFmM LICENSED IN MINNESOTA AND WISCONSIN THaDEScH OtltllCE BUII,DlNCi 333 NO"TllMA[NSTWT · SIJl'I'B1I202. P.O. Box 43. · Sm.LWAln,MN:lSO&2 laEl'ifON!; (651)439-9464 · FAX: (651)439-5641 . DAVloT. MAGNUSON MARGA.R1.7 M. MURPHY MEMORANDUM TO: Steve RusseIJ, Community Development Director cc: Paula Kroeni.ng FROM: David T. Magnuson, City Attorney DATE: RE: Jfmuary 25, 200~ Garages in the Cortage Residential Di3trict A member of the Design Review Committee called to request an opinion regarding the practice of the Design Review Comminee to allow a stacked garage stall or a garage that might be longer than the ST.arIdal'd length. The me.mber ask9 how this can be allowed .in view of the standards . in the zoning district that limit garages to "no larger than two stalls." To begi11 with a garage is defin.ed ill Section 31.1, subd. 4 of the City Code as 'fa building or portion of a building in which motor vehicles used by the residents of the building on the premises arc stored or kept." The defmition does not establish minimum or maximum floor areas for a garage, nor does it . limit the si~ of area within what we commonly believe to be a garage that is used for the storage of . lawn equipment or other personal property. If the Design Review Committee allows garages that are larger thal1 standard or an area for storage within the garage that cannot be occupied? by a third veb.icle. the interpretation is permitted by the Cit)' Code. /nm Respectfully, r . Sent By: LIBERTY ON THE LAKE; To: RUSSEL-STILLWATR At: 4308810 651 351 7622; Jan-28.02 11 :00; Page 1 ~ Libert.1) On the Lak~ Land ()ff;ce . fACSIMILE. TK^N.'?MI"l r AL 5HF.L r '\3t1J& ~ ~~ill.~to.A 1".t.X N Mr.!" R rttONI.: NtlMl'>t".Il:, ""'-~ ..~ l JJ...1_ DA"ir. 1J.8/0'2 - Tel I AI. NO. o.r 'A'.I:S INCLUDING <"'()Vl:.It. /)4- :,rr,lr)...~.:, rnOIllLN(.JML\l:.'l 6; I-~' 1-7;'0 Itl.:. :;r.Noc.IN.rAX N(l~er.R' 651-), 1-7622 D(.IRGf.NI Ct"OR RCVI::.w o rLC.A.".Jt.. COMMr.NI o rU:.I\5t:. Kr.:.'"L Y 0 rLl:'ASt: ~e.(. Yeu.. NOTr,s.,'COMMENT5, . JJvrm ~J =t~ J ~ ~muwUV-l ~ et;,'fwtj . p6JtJL ~ ~& ~ /:J. 6/D2. }60() Kin~hif' C,,(:~n .~:>lillwc:.d~r. MN 5:;087. . Sent By: LIBERTY ON THE LAKE; 651 351 7622; Jan-28-02 11 :00; Page 2 f , . January 25.2002 To all Residents Liberty on the Lake RE: Architectural Review Process This letter will addl'ess certain statements that are circulatiug within the commWlity with respect to the operation of Libeny on the Lake's Archit~ctllral Review and Architectural Control Conuninees (ARC/ACC). It is our understanding that suggestions are being made that the ARC/ACe is ~omehow not following established procedures in dealing with house plans being advanced by David Bernard Builders and Developers (David Bernard). In particular, representations have been made that the ARC/ACe has: i) ji) pemlitted the construction of homes with three garage spaces; permined the construction of homes with optional chimney chases treated only with hardiplank siding; allowed other than Andersen Windows to be ust..-d; and provided its approval of proposed homes without the appropriate review and evaluation. . iii) jv) Each of these representations are patently untrue and reflect an incurnplete understanding of the efforts made the ARC/ACC in terms of the evaluation of the house plans of David Bernard. To !;UPport this statement we would offer the following for consideration. I. Three Stall Garages - The suggestion had been made that David Bernard was given appmval to construct homes with three garage spaces. despite the community's ",oning ordinance stating that homes shall have u muximum l'\f two parking spaces. Two or David 13cnlard's plans - the Liberty and Lexington - in their original fonns had shown rwo parkine !\paces and a generous area inside the garage or the home for :'Itorage. Due to the size of this !'>pace cel1ain individu31~ had COllle to the conclusion thUllhis spacl.: was inte!lded to be a third parking <;pace_ In order to eliminate any conn.sion. the ARC/ACe and lht~ City of Stillwater rcqllired David lkrnard to cr~ct a dividing wall withiTl the garagt. ~cp.H3tiJlg the Slorage area thus eliminating the p()~Sibilily of parking three car!'; wilhin the home's garage. Thi!; . Sent 8y: LIBERTY ON THE LAKEj 651 351 7622; Jan-28-02 11 :01 j Page 3/4 . decision was reached on January In, 2002. based UPO:l the input of Mr. Steve Russell, Community Development Director for the City of Stillwater. 2. Optional ChimJlt')' Chases . The ARC/ACe lasl year had given its approvalll; the construction of one home with an optional chin,ney chase treated only with hardiplank siding. This approval was n1islakenly given and recognizing this the ARC/Ace approached David Bernard to diseu~~ how these lJptional features should be treated. On the basis of these discussions it has been agreed that where possible chimney chases will eliminated altogether. Tn those cases where optional chimney chases are warnmte.d masonry will be applied eOl1sister~t with others homes in Liberty. 3. Andersen Windows ,. When David Bernard hegan building in Liberty on the Lake there were no obligation specifying a specific bl'and of window be I.Itililcd. 1n fact; this is not a matter subject to the r~view and consideration of the ARC/ ACe. Instead, David Bernard was called upon to build homes comparable in terms of quality to other homes in the community. Notwithsumding this. on November 21,2001 Andersen Windows entered into an exch.lsivc marketiug agrct:ment with David Bernard which, requires all homes to feature Andersen Windows. (Andersen Windows has elected Mt to switch out the one home huill hy DAvid Bernard with Hayfield Windows.) In many cases David Bernard has exceeded the standards required of other h<'lmes in Liberty. For example. David Bernard ha.'O elected to fcantre architectural wood garage doors r~ther than inexpcnsiw metal garage doors as seea throughout Liberty. . 4. ARC/ACe Review - The comminee has been working with David Bernard in tenns of its review ~nd approval nfproposed house plans for almost one year. The process followed is com.istent with thaI required of other homes in Liberty. David Bernard has suhmitted for the consideration of the ARC/Ace c:ght different house plan~, each with two Or three different elevations. The ARC/AC'(: has reviewed these plans and provided comments to David BCIIlUld. Revisions to iniliul !iUblllission were made by David Bernard and plans have been provided to the ARC/ACC incorporating its suggestions and reconuncndations. On top orthis the ARC/ACC required the f.bnmdation of a number of distinctive color scheme!; for homes 10 be constructed. A total of 18 schemes have been developed and presented to the ARC/ACC. In addition, David Bcmard with the assistance oflhe ARC/ACe has developed an overall design l1latrix whereby similar homes and similar color schemes can not be located in proximity to one another. This forms a process whereby the diversity of the ('ppeat'all~C of homel'i to be constructed by David Bemard call be assured. In fact, this process will result in a more pleasing streetscapc where homes :'ityles. garage locatioIls, li.ont porch orientations. etc... will work logdner in a cohesive ma!\ncr. In conclu:sion. ,\o'e 5tead1~~tly believe llmllhe architectural c<lntrolprocess has been fhllowcd in Ihe review and consideration of the homc~ being advanced by David Benlard. . Sent By: LIBERTY ON THE LAKE; 651 351 7622; Jan-28-02 11 :01 i Page 4/4 " '~ The homes being propost:d by David Bernard, we bclicvc..~. <1rc consistent with and in support of the standard that has been established in Lihel1y on the I.ake, We hope this letter will address many of the qm:slions and concern!; circul<tti'flg throughout the community. In addition, we have asked Moire Putman of Putma[l Planning & Design (our liberty land planner, visionary and architectural review cummittee member) to write his comments regarding your concern as well, from his prnspectivc. In the future"wc need to try to avoid creating an avalanch~ (.If concems that spirals out of control. . We have a great architectural review c()mmittec.~ who puts their heart and ~oul into this community and has brought to life a vision that r have enjoyed immensely ~eeing come to reality with your help. We are nor going to destroy anything you value of Liherty and especially not your investment you have made in your ()W11 home. Thel'e arc sev~ral exciting thing~ coming in Liberty that I'm thrilled about building. Don't create (\It atmosphere that would diminish that level of enthu~iasm. We" re doing the tx..-Sl we can do and our best happens to be much better than most other developers in the lwin Cities. One last thought, J value your opinion, If I have offended anyone with my words of .Ulger in response to those initial memo's that were circulating around. J apologize. Thank you for allowing me to express my opinion. Please t(cf tree to call me at 763~971~ 0477. Yours very truly. ~~7JZ- Homer H. Tompkins III President . . JAN 2 2 [UUi ~ ~# " -. - -- '"'- -. . January 22, 2002 Councilman Gene Bealka 216 N. Fourth Street Stillwater, MN 55082 Dear Taco, I am writing regarding the isSue concerning the cottage lots at Liberty on the Lake and the violati9n of the city ordinance. I know you are well aware of this issue so I'll cut to the chase and save you some ,time. My thoughts are simply this: the city ordinance was written to prevent a three or more stall garage from being built on a cottage lot in our neighborhood. The reason is because any garage larger than a two stall would cause the garage to become unsightly and overpowering. These lots are a considerable amount smaller and the houses, in turn, will be as well. As you know, a builder in our neighborhood has already built a three-stall garageona cottage lot. It is my understanding that a possible "compromise" to this breaking of the city ordinance will be to build a partition between two of the stalls. . My question is this: How does this alter the exterior of the garage in any way, shape, or form? It does not. I can't imagine how this could be considered a compromise. There should be no compromise, the city ordinance is very clear and I ask that you please make your fellow councilmen aware of myfeeJings on this. Mr. Bealka, your time and interest are greatly appreciated. ~cel' ~~ \i ratnes" 9 Rutherford Road Liberty on the Lake cc: Mayor Jay Kimble Councilman Terry Zoller Councilman John Rheinberger Councilman Wally Milbrandt . JAN2 2 ZUUZ ~ Mr. Terry Zoller 216 N. Fourth Street Stillwater, MN. 55082 I ... \. J tL-,c.;11, 0 ~ . Dear Mr. Zoller, We are writing to express our concern regarding the David Bernard homes in Liberty, which are not being built in accordance to the existing city ordinance nor the design guidelines of Liberty on the Lake. We are asking that the city council NOT change the current city ordinance that was written to prevent 3 stall garages from being built on small cottage lots. (This applies primarily to the David Bernard lots.) All of the homeowners in Liberty were attracted to Liberty because of its charm and unique design. The original builders have strived to adhere. to the rigid guidelines. During the design process we were all accountable to the Architectural Review Committee to ensure that the very specific guidelines were upheld. Weare asking that the David Bernard Company adhere to the same stand;:1rds as everyone else. Their newest model doesn't have any windows in its tandem exterior wall. We were required to have 3 large windows in our garage. The information handbook specifically reads, "In no case shall a building fa~ade consist of an unarticulaled blank wall or a series of garage doors." I know there are other concerns with the exterior chimney also. . Where is Architectural Review here? We feel everyone needs to be accountable to the same standards. If standards aren't upheld, then the homeowners will suffer. a significant loss of potential home equity. We want Liberty completed in exactly the way that it was promised to us when we bought our homes so it's reputation will be preserved. We wanted to share our concerns with you before the next City Council Meeting takes place. It is our hope that the City Council members will help us ensure that everyone maintains the high standards for Liberty. S~~Y'2ME~~~ Dan and Donna Sederstrom 512 Newman Trail Stillwater, MN. 55082 . JAN 2 2 ZUOl January 17, 2002 . Gene Bealka 216 N. Fourth Street Stillwater, MN 55082 Cc: Steve Russell, Terry Zoller, John Rheinberger, Wally Milbrandt, Jay Kimble Dear Mr. Bealka , You may recall my letter of two weeks ago, in which I pointed out that designs for some new homes at the Liberty on the Lake subdivision were in violation of an existing city ordinance. The designs feature three-stall, tandem-style garages on lots that the city has designated as "cottage lots". This conflicts with the ordinance regarding Subdivision 11.d., CR Cottage Residential, which reads in part: "In the Cottage Residential District the following buildings and uses and their accessory buildings and uses are permitted: a) Dwelling houses each occupied by not more than one family and with a garage no larger than two (2) stalls". . While I remain grateful for the prompt attention that was given to the matter, I am gravely disappointed, perhaps even outraged, by a solution that the city staff is considering. The proposed solution is to require that a partial wall be built that would prevent a car from being driven into the third stall of these garages. This solution is a technicality that defeats the purpose of the law, and will grieve all parties concerned. It will inconvenience the future owners of these homes, it will make the homes more difficult for the builder to sell, and it will disappoint all local residents like me who had hoped that oversized garages would not be crammed onto undersized lots. It's my hope that the city staff will reconsider this proposed solution, and that the city will observe its own ordinance in letter and in spirit. Sincerely, Burr 8q (~~V-V-"lI\ Burr Baldwin 215 Rutherford Road Stillwater, MN 55082 . JAN 2 2 lUUl -._.w_____ . - -_h..___ January 19,2001 219 Rutherford Road Stillwater, MN 55082 Gene Bealka 216 N. Fourth Street Stillwater, MN 55082 Dear Mr. Bealka, Subject: Building violations at Liberty on the Lake Our new home is currently being built at Liberty on the Lake by one of the many wonderful builders that work in the development. Our home, like all of the others up until now, was subject to detailed review by the neighborhood's Architectur~l Review Committee. It is this process, as well as the enforcement of important city ordinances that help insure that the neighborhood continues to have the character and charm that attracted us to Liberty and the beautiful town of Stillwater. In particular, we are concerned about the current and planned construction of three-stall . tandem garages on cottage-sized lots. This goes against a clearly written city ordinance that limits these garages to "no larger than two (2) stalls." Larger garages overwhelm these small lots and detract from the character of the neighborhood. The creation of a loophole in the law thereby allowing builders to continue to build these over-sized garages goes against the purpose of the ordinance and is simply wrong. We strongly oppose it! Thank you for you earnest consideration of this issue. Sincerely, ~~ /"1/. ,0-- v~. 0Lk.-L~ Vashti and Luke Lozier . . .z:.dr~il z< 21?Oz JAM 2 2 ZOUi! "-- ~-..... P.-. ~ /1h~ 6U7L &d~ 2/~AJ. -:J:OU/l#; Ql-V'-ee/ DJ; II tNcdvt /J1. 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'- /YY}t!tdL ~ oi IN- t/: 0 Ie[ hm tVrlcV o ~C/d~?'1fj wAe~. -Iv Aold.h ~ MdL/Y(a/r( cL ~ W/}/-l!effJ 07 /J?'7~ cvYLJ add.undU/777 cJ/OvU.~(t tL -/1IVZC! <.51-~ i. en ~~ ax:} /~ a..<J /~ 0 wd.QcL di6.. . 0i a.-rTI ax:; ~ ..fhc (D U/Yl CI/ -Iv /h1aVnh~ ~ CJ7/8~ tnd~cU t'Un..d 1-fvv;-e0y /J?1a Unh:U/7) ~/YJ{J?'1 8 CUi. ccst- cio-rn ~a/Y7.,L tACt/l.Cl cl--uu ~o,/ ~ oLt. .//d()~~-/ '---H1rLr WU ~ fl()~{)uJ~ ~ \Solei &7L/ tLd ~ 0/CW ~ ~. Cot/-Vna/J1-0 / ~d ~+I (f ctj? ~ e u~..e..-' . c5:n Chl-l?J / 9/WVJ~~-h;;~ . CL: (!!a'O rn S}a-)f JWn0 ~ / -eA/l >f v-z ~ /I.f!/LJ ;J,ohJ1 RAel;~~ UbJ(~ ml '/ h/ltVY1.df . .~ . DEVELOPMENT directions, Inc./ Putmdn Pldnning& Design THE LIBERlY ARCHITECTURAL REVIEW PROCESS .lANDSCAPEARGfITECTURE · LAND PLANNING. RFSIDENTIAL DESIGN. . GRAPHIC DESIGN. ARCHITECTURALllLUSIRATION. TO: Liberty Home Owners FROM: Marc Putman, RE: Liberty Planning and Design Quality DATE: 2/4/2002 With surprise and dismay, I have followed the course of the various faxes and E mails regarding the sup- positions of inconsistency and reduced standards of the Architectural Review Process at Liberty on the Lake. Sometimes these Liberty and A.R.c. matters seem to bring truth the the phrase, "no good deed goes unpunished" . Having been involved with Liberty from its creation, concurrent with the drawing of the land plans, was the design of both typical homes and specific homes. These steered both the planning and builder home designs, as well as positions of proposed resident homes on lots. We also prepared the original Architectural Guidelines to provide standards to assist the Architectural Review Committee and the Architectural Corttrol Committee.. . . Having served on the Architectural Review Committee since its inception, I can attest to the passionate commitment of all members to assure a consistent, coordinated quality and variety, in tune with Liberty's original goals. These goals were to provide a mixture of land uses and home types, sizes, price ranges and styles, in a pedestrian-friendly setting of natural and created amenities. Liberty's beautifulstreetscapes, the homes, the amenities are a result of this effort. But, they are more the result of a commitment to build planning & design quality, by Homer Tompkins and Scherer Brothers. Having drawn many other detailed neighborhood designs, few have been built with the level of com- pleteness and adherence to plan. Liberty's winning of more local and national awards for design and planning than any other Twin City metropolitan area neighborhood inmemory, confirms the merit of CPDC'S efforts. The City, the residents and others understandably share a concern for the continued assurance of the design quality built, and to be built at Liberty. The irony is that, failing to recognize the level of com- mitment that has produced Liberty's quality can actually jeopradize it. R~cognition, support & confi- dence in the review system furthers the effort. Hyper-sensitivity, demands for perfection, allegations, etc., are likely to take energy away from achieving Liberty's goals and vision, and compromise all that Liberty can be. The areas of recent concern regard oversized garages for cottage homes, exterior fireplace chase design and design review procedures for homes that proceed under blanket approvals~ These subjects have received many, many hours of debate, discussion and response, involving the Arch. Review Committee, and others. . NEIGHBORHOODS, BUILDINGS, PARKS &.. SPACES: Str<'ltegies. Dl<'lnning, Design. Critiques. Identities, M<'lr~eting F<'lcilities/T ools . . . ... , t. . '... Liberty ARC Issues: Feb. 4, 2002 Page 2 Oversized Garages in Cottage Homes: My early lot and home site plans for Liberty showed the cottages to include tandem 3 car garages, with the requirement that the homes' designs were house-dominant with the garages "tamed", moderated by the goal that these homes could be at a lower pr~cerange. The City approvals of Liberty limited the cottages to "2 stalls". When the first David Bernard plans were submitted for cottages and reviewed by ARC, the standard that received the approving ARC vote was, in so many words, that a 2 stall garage was 20'- 22' wide x 22'-24' depth. Anything less than that in added depth did not, therefore, constitute another "stall". It was this approval that enabled construction go for- ward on their plans with the deeper garages. Recently, in response to a desired re-consideration of this previous ARC vote, the Review committee voted to request an unusual, separate and further City Planning Department response. In effect, to re-review a significant issue, that had been already been decided by ARC. While not present at the meeting, I under- stand that a "stall" is now defined as 9'x18', and that oversized garage space must be divided by a wall with and opening narrower than a car. David Bernard, though acting in accordance to the first ARC vote is cooperating with this revised definition and requirement. Exterior Fireplace Chases: The early architectural guides we provided recommended that the first mason- ry used on a home, (if any) should be on the fireplace chase. In a recent vote in an ARC meeting, this was confirmed, with the knowledge that for both traditional, lakeside and cottages, this has had the effect of limiting the number of (architecturally desirable) exterior fireplace chases. . There is a reason why 2 review groups exist for .design review. Having an Review Committee report to a Control Committee frees the former to give more-less "pure" design advice. While much compromise and balancing of potential cost impacts of design. requirements is made within the ARC meetings, the Control Committee has the final word The ACC must balance all the complex factors that affect a build-no build . decision at Liberty. My understanding of the decision that has evolved regarding chases is that for cottages, in price ranges substantially similar to the traditional homes, the fireplace chase should either have' masonry/cultured stone/stucco all the way up, or, move the chase interior to the home. . . In cases where the chase is obscured from view, on a case-by-case basis, ARC my allow other material treat- ments. "Blanket" Plan Approvals: It was our hope, early into the builder selection process at Liberty, that the builders would design and prepare a group of pre-approvable home designs and plan sets. This, to ease the process of design approval, getting prices to buyers, etc. While there has been reuse of designs by other builders, David Bernard is the only builder to undertake this task. This, then, is ARC's 1st experience with blanket approvals. Sortin.g out the rules for this has taken' some trial and error. The conclusion that I believe is confirmed bya letter from David Bernard, is that we all recognize that, even though a plan may be "blanket" approved, it must be sited and shown on a lot plan for ARC review. This affords the opportunity for ARC to judge the need for design adjustment due, most . commonly, to an exposed wall elevation or elevations. These issues and others, have received much more in-depth debate than is written above. I trust the brief explanations, however, will demonstrate that the people, and the process that have pro- duced the Liberty on the Lake we know today, are fully competent to finish the job they started. Marc Putman Landscape Architect, Putman Planning & Design/DOl . Liberty Master Plan, Streetscape Design, Architectural Guidelines Preparation, Amenity Features Design, A.R.c. Member. cc: City of Stillwater. . . .. "ORDINANCE NO. AN ORDINANCE AMENDING THE FENCE REGULATIONS THE CITY COUNCIL OF THE CITY OF STILL WATER DOES ORDAIN: 1. Amending The fence regulations found in Chapter 31 of the City Code are amended as follows: a. City Code Chapter 31, Subd. 24 (16) d.1. is amended to hereafter read as follows: "F ences in excess of six feet above the ground grade are prohibited in Residential Districts." b. City Code, Chapter 31, Subd. 24 (16) dA. is amended to hereafter read as follows: "Clear Comers. On a comer lot in any residential district no fence, wall, hedge or other structure or planting more than 42 inches in height may be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line adjoining the street lines at points which are 40 feet distant from the point of intersection, provided that this regulation does not apply to trees trimmed to a height of eight feet above the street grade leveL" c. City Code Chapter 31, Subd. 24(16) d.5. is amended to hereafter read as follows: "In Residential Districts fences are limited to a height of 42 inches in the front yard and street side side yard setback areas. 2. Saving. In all other ways the City Code will remain in full force and effect. 3. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. CITY OF STILLWATER Wally Milbrandt, Acting Mayor ATTEST: Diane F. Ward, Clerk MEMO . TO: Mayor and City Council FROM: Diane Ward City Clerk SUBJECT: Lumberjack Days Agreement Attached for your review and approval are the 2002 Lumberjack Days agreement and Chief Dauffenbach's Policing plan for the event. This agreement includes the items that Mr. Eckberg reviewed at the January 8, 2002 City Council meeting. Also attached is a petition that was received. ACTION REQUIRED: If Council desires to approve the agreement, they should pass a motion adopting Resolution 2002- , APPROVAL OF THE 2002 LUMBERJACK DAYS AGREEMENT . . LUMBERJACK DAYS AGREEMENT This Agreement between the City of Stillwater, Washington County, Minnesota ("City"), in conjunction with the Lumberjack Days Celebration of 2002, part of a community wide celebration of the City (the "Celebration"); the Lumberjack Days Festival Association, Inc., a Minnesota non-profit corporation ("Association"), that has been granted authority to dispense intoxicating liquor pursuant to Minn. Stat. ~340A.404, subd. 10 ("Liquor"). . 1. Celebration. The City has encouraged a community wide celebration in order to foster and promote tourism within the City of Stillwater and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City. The date of the Celebration will be July 24, 2002 through July 28, 2002. 2. The Association. Lumberjack Days Festival Association, Inc. has been granted authority to dispense intoxicating Liquor at the Celebration and has contracted with the Association for the administration of the Beer Garden where the Liquor will be dispensed. It is the purpose of this Agreement to set forth the terms and conditions that will control the dispensing of Liquor at the Celebration. 3. The Area. The premise where dispensing will be permitted is the area bordered by the Minnesota Commercial Railroad Track on the west; approximately 100 feet south of P.D. Pappy's on the north (the exact location of the Boundary will be determined by the Police Chief); the St. Croix River on the east; and the north edge of Chestnut Street on the south (the "Area"). . 4. Fencing. The Area must be securely fenced by the Association. The fencing must be adequate to insure that alcohol sales and consumption remain inside the fence. A breach of the fence is grounds for the Police Chief to terminate all alcohol sales in the area. 5. Crowd Management. (a) The Association will reimburse the City for the cost of providing uniformed, licensed peace officers for the celebration at a level required by the Chief of Police. The reimbursement level will be limited, however, to a maximum of $22,500. (b) The Association will provide, at no cost to the City, privately paid professional uniformed security officers equipped with radios. All security officers will be suitably identifiable. The number and deployment of the Security force must be approved in writing by the Stillwater Police Chief by June 1,2002. (c) For the purpose of this plan, all Entry/Exit gates to the park must be controlled by security personnel while alcohol is being served. At each of these entry/exit points, a paid professional security guard must be in place to insure that no beer or Liquor enter or leave the park area. . . (d) Signage will be prominently displayed at each entry/exit point to notify guests that no Liquor/beer will be allowed in or out of the area. (e) Private paid security officers will roam the Area checking to make sure that each beer drinker is wearing a Lumberjack Days 2002 beer drinking bracelet. Signs will be displayed throughout the area notifying guests that they must be wearing a beer drinking bracelet to be drinking a beer. 6. Liquor Control: (a) Identification Bracelets. The Association will provide at no charge liquor identification bracelets at a minimum of four (4) different locations in the area. The Association will permit no one to consume Liquor unless they are wearing an identification bracelet. The Association will be responsible for the issuance of bracelets and that the bracelets are given only to those who are legally entitled to consume Liquor. (b) No Other Alcohol or Coolers. No Liquor is allowed in the Area except that Liquor which is sold by the Association. The Association is responsible to see that no other Liquor is brought into the Area. The Association must not allow bottles, containers or coolers to be brought into the Area. (c) Compliance Program. Prior to the opening date of Lumbeljack Days 2002, the Association must develop a complete management policy or program regarding all aspects of alcohol compliance, including the problem of the under-aged consumer, sales after hours, sales off the premises in open containers, over- serving and the recognition of false identification. The City Police Chief must approve the policy before implementation. The Association must train all alcohol servers with regard to the policy, including instruction by a professional recognized in the area of alcohol awareness before the opening date of the Celebration. . (d) Compliance Inspection. The Association acknowledges that as a liquor license holder for the Celebration, it is subject to Stillwater City Code S43-8, which authorizes that all premises from which intoxicating Liquor is offered at on-sale, are subject to inspection for alcohol compliance by any police officer, health officer, or other designated officer or employee of the City during all hours the Area is open for the serving of alcohol. 7. Insurance. The Association must provide to the City satisfactory proof that it has obtained liability insurance that names the Association and the City as an additional insured, as loss payees, in an amount of at least $1,000,000.00 combined single limit, for loss sustained by either acts or occurrences that arise from or grow out of the Celebration, and Liquor Liability coverage as described in Minn. Stat. S340A.409, evidenced at a minimum, the coverage described in Minn. Stat. S340A.409, subd. 1. e 8. Signs. The Association will post signs, the number and content of which must be approved by the City Police Chief describing the regulations prohibiting Liquor outside of the 2 Area, as well as the prohibition against participants bringing their own Liquor into the Area and the requirement for identification bracelets must be worn to consume alcohol. 9. Noise Control. The Association is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. . 10. Hours of Operation. Liquor sales will cease 20 minutes before the last band finishes playing, but in no event may liquor be served later than 10:40 p.m. on each day until 12:00 p.m. (noon) the next day. No bands or other music will be played after 11 :00 p.m. No Liquor may be dispensed after 10:40 p.m. and no food may be served by vendors after 11 :00 p.m. 11. Police Power. The City reserves the right to order a shut down of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. In that event, the Association will cease dispensing Liquor and must assist the police in the clearing of the Area. 12. Exclusive Use of Lowell Park. In return for the exclusive use of Lowell Park and the right to sublease spaces within the parkes), the Association hereby agrees to the following stipulations (a) The Association will pay a damage deposit of $250 and a users fee of $500 to be paid at the signing of this Agreement. The damage deposit of $250 to be refunded, in whole or in part, depending on the amount of damage, if any, as determined by the City of Stillwater Parks Director. . (b) The Association shall furnish dumpsters or roll-off boxes in sufficient quantity to contain the accumulation of trash generated by the Celebration and shall see that all trash is pickup up daily and deposited in dumpsters, including the emptying of park trash receptacles. (c) The Association shall furnish adequate portable restrooms to facilitate expected crowds. Additional portable restrooms must be provided. by the Association if deemed necessary to protect public health as determined by the Chief of Police. 13. Fireworks. The City agrees to act as a depository for funds donated for the purpose of the community Lumberjack Days fireworks exhibition. The funds will be held in trust for the Association and paid over to the Association upon receipt subject to the continuing obligation of the Association to recognize that the funds be used as intended by the donor. Further, the City will contribute $15,000.00 toward the costs of firework displays on July 4 and July 28,2002, to be paid over to the Association upon the execution of this Agreement. 14. Parade. The City agrees to advance the sum of $6,000.00 to the Association upon the execution of this Agreement for the purpose of attracting marching bands to the Lumberjack Days Parade. The funds will be used only for the intended purpose and repaid to the City on or before September 1, 2002. . 3 . . . 15. Downtown Clean Up: On the day following close of the Celebration, weather permitting, the Association will clean and sweep the streets in the Downtown Area that have been impacted by the Celebration. 16. Hold Harmless and Indemnify. The Association agrees to hold the City harmless and to indemnify and defend the City with regard to any claims causes of action or demands that might be brought against the City arising out of the activities in the Area including the dispensing of Liquor pursuant to this Agreement. IN WITNESS WHEREOF, the parties have set their hands this day of , 2002. LUMBERJACK DAYS FESTIVAL ASSOCIATION, INC. By Its STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _ day of January, 2002, by , the , duly authorized agent for Lumberjack Days Festival Association, Inc., a Minnesota non-profit corporation. Notary Public CITY OF STILLWATER Wally t'1ilbraFldt.~ .I.tsActing Mayor ATTEST: Diane F . Ward, Its City Clerk 4 STATE OF MINNESOTA ) )ss. ) COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this _ day of January, 2002, by Wally Milbrandt, Acting Mayor and Diane F. Ward, City Clerk for the City of Stillwater. Notary Public 5 . . . LARRYJ.DAUFFENBACH CHIEF OF POLICE ilhYater '~ ~ "\ CRAIG T. PETERSON CAPTAIN . THE BIRTHPLACE OF MINNESOTA POLICE DEPARTMENT January 31,2002 To: From: Re: Chief Larry Dauffenbach, Mayor and City Council Captain Craig T. Peterson Additional Manpower Plan for 2002 Lumberjack Days Earlier this month you directed me to develop a plan to add additional police officers to the 2002 Lumberjack Days schedule. The plan was limited to a budget of $22,500 for the four-day event. I was given general hourly rates from the Washington County Sheriffs Department, Bayport PD, Cottage Grove PD, St. Paul Park PD and State Patrol. Woodbury Police Department has not responded as of this writing. Their reply could change some of the plan. The number of officers available and rates provided to me were as follows: Washington County 15 officers 42.12 deputy per hour . 52.02 sergeant per hour State Patrol 12 officers 45.08 officer per hour 65.73 officerw/squad car Cottage Grove PD 1 sergeant 55.00 per hour 3 officers 48.00 per hour St. Paul Park 2 officers 42.00 per hour Bayport PD 1 chief 46.73 per hour 1 officer 27.54 to 35.55 per hour Using this information I formulated a plan based on the approximate crowd expected for Lumberjack Days. As you know we have no way of accurately predicting a crowd for a free concert or event. The plan I have formulated uses estimated past event crowds and activities for Lumberjack Days. Thursdav Julv 25th No additional officers added. . 212 North 4th Street · Stillwater, Minnesota 55082 Business Phone: (651) 351-4900 · Fax: (651) 351-4940 Police Response/Assistance: 911 LARRY J. DAUFFENBACH CHIEF OF POLICE Friday July 26th THE BIRTHPLACE OF MINNESOTA POLICE DEPARTMENT Fifteen additional officers added from 1800 until 0200. Bayport PD Cottage Grove PD Washington County Daily Total 1 Supervisor @ 46.73 per hour 1 Supervisor @ 45.00 per hour 3 Officers @ 40.00 per hour 1 Supervisor @ 52.02 per hour 9 Deputies @ 42.12 per hour Saturday July 27th Thirty additional officers added from 1800 until 0200. Bayport PD Cottage Grove PD Washington County St. Paul Park PD State Patrol (no squad cars) Daily Total 1 Supervisor @ 46.73 per hour 1 Officer @32.88 per hour 1 Supervisor @45.00 per hour 3 Officers @ 40.00 per hour 3 Supervisors @ 52.02 per hour 12 Deputies @ 42.12 per hour 2 Officers @ 42.00 per hour 7 Troopers @45.08 per hour Sunday JuN 28th Twenty-six additional officers from 1800 until Midnight. ( 6 hours) Bayport PD Cottage Grove PD Washington County State Patrol (no squad cars) St. Paul Park PD Daily Total Grand Total 1 Supervisor @ 46.73 per hour 1 Officer @ 30.21 per hour 1 Supervisor @45.00 per hour 3 Officers @40.00 per hour 2 Supervisors @ 52.02 per hour 12 Deputies @ 42.12 per hour 4 Troopers @ 45.08 per hour 2 Officers @ 42.00 per hour 212 North 4th Street · Stillwater, Minnesota 55082 Business Phone: (651) 351-4900 · Fax: (651) 351-4940 Police Response/Assistance: 911 CRAIG T. PETERSON CAPTAIN . 373.84 360.00 960.00 416.16 3032.64 $5142.64 373.84 263.04 360.00 960.00 1248.48 4043.52 672.00 2524.48 $10445.36 . 280.38 181.26 270.00 720.00 624.24 3032.64 1081.92 504.00 $6694.44 $22,282.44 . , . . APPROVAL OF THE 2002 LUMBERJACK DAYS AGREEMENT BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the 2002 Lumberjack Days agreement between City of Stillwater and the Lumberjack Days Assocaition, Inc. as on file with the City Clerk, is hereby approved, and the Mayor and Clerk are authorized to sign said Agreement. Adopted by Council this 5th day of February 2002. Wally Milbrandt, Acting Mayor ATTEST: . Diane F. Ward, City Clerk . ; , WE THE UNDERSIGNED ASK THAT DOWN1'OWN EVENTS (SUCH AS LUMBERJACK DAYS) HAVE SOME BASIC RESTRICTIONS PLACED ON THEM. WE ARE A SMALL CITY WITH A DOWNTOWN OF LIMETED SIZE AND CAN NOT SAFELY OR EFFECTlVL Y HANDLE BOTH OVERSIZED EVENTS AND NORMAL DOWNTOWN ACTIVITY AT THE SAME TIME. . -DOWNTOWN EVENTS MAY USE NO, MORE THAN ONE PARKING LOT FOR THE EVENT. THE OTHER LOTS BEING FOR EVENT ATTENDlES AND NORMAL DOWNTOWN NEEDS. (INDEVIDUAL PARKING LOTS AS DEFINED IN THE PUBLIC PARKING BROCURE 2001, E.l. Lot # 1 OR # 2, OR #3,ETC.) -BEER SALES SHOULD END AT THE EVENT WHEN THE HEADLINE BAND STARTS TO PLAY OR AT 9PM, WICH EVER COMES FIRST. (THISPOLlCY IS USED SUCCESSFULLY BY THE METRODOME, TARGET CENTER EXCEL CENTER ETC.) -DOWNTOWN EVENTS MAY USE LOWEL PARK NORTH OR SOUTH OF THE BRIDGE, NOT BOTH. (IF THE AMOUNT OF LAND THE EVENT USES IS LIMETED, THE SCALE OF THE EVENT WILL BE LIMETED) N~,-. . vi ADDRESS \o8"N ~ ST. l.~S~ ~tiMlt1sruo\ - 9WolAGt; 2. _~V"OV1J ,\~WPUI...":::4-~' \ /\ c:r Ol O{c..ka{J C i \ "" ~ ' 3. _ ,~_"!",,h:\ ~~r<~?e-f\ IVfl'7 fj/l ~+.N 4. ~,{t'~c---;-';~~/i;~lto Y-A / / '_ /[..: ~&tJWJvi -.g' ~7 :~ti~~ 1;;;~;;~;:;:'TJ1~;?:1::;?/ 8. -\.,\<' ~ PHONE # 4~ 0- 0702.. 651 - 7~CZ"" 5\\]3 - 5(< . 9. Lf~-g z. ,,/3? 3 ~r7 .-]-- qh OJ if sO" Be -2../. ]1. ]6. 17. 18. . . WE TilE UNDERSIGNED ASK TIIAT DUWNTOWN EVENTS (SUCII AS LUM13EIUACK DAYS) 1-1 A VE SOME BASIC RESTRICTIONS PLACED ON TIIEM WE ARE A SMALL CITY WITII A DOWNTOWN OF Lll\1ETED SIZE AND CAN NOT SAFELY OR EFrECTIVL Y HANDLE BOTH OVERSIZED EVENTS AND NORMAL DOWNTOWN ACTIVITY AT THE SAME TIME -DOWNTOWN EVENTS MAY USE NO, MORE THAN ONE PARKING LOT FOR THE EVENT. THE OTHER LOTS BEING FUR EVENT ATTENDIES AND NORMAL DOWNTOWN NEEDS (IN DE VIDUAL PARKING LOTS AS DEFINED IN TilE PU13L1C PARKING BROCURE 2001, E.l Lot # \ OR # 2, OR #3,ETC.) -BEER SALES SHOULD END AT THE EVENT WHEN THE HEADLINE BAND STARTS TO PLAY OR AT 9PM, WICH EVER COMES FIRST (THIS POLICY IS USED SUCCESSFULLY BY THE METRODOME, TARGET CENTER, EXCEL CENTER, ETC.) -DOWNTOWN EVENTS MAY USE LOWEL PARK NOR II lOR SOUTH OF THE 13RIDGE, NOT BOTH. (IF THE AMOUNT OF LAND THE EVENT USES IS L1METED, THE SCALE OF THE EVENT WILL fiE LlMETED) . PHONE # 3. 3S\ - \ OC~ 14. - ~7~ - ~.3 .:;J 7 s-O'Y("'3 ~j'7- 7709 - "5 1- f5.. 0 ---::; &. .Jf8q~/o 13~ f/-J y-- UOfr (/ J{ {U (Lo:, 439 - t( d~-2- Wtu__._.._~~-.--.---J3.~-~~ \5. JU~~ ~dMll \ ) C ~ l (tt~iIVl'v( 'ij 1-5- 7 I l.. 16. ~~ C~~ .~ s. /1\k1f\i (;( 'i 30 --0(, f S 17. ~'TI\I'~ Hwvu'~ J /5 .<J. 1~~()1lf1 St 131-0615 . .~. 18 /- .'I'-1;"",,,~ Lf.f/.jYv'--. .2.1..11 j II'^-.. A ,.1-- 4-30.- ({ 801) \0 II. 12. 13. . ~ WE TilE UNDERSIGNED ASK TIIAT DOWNTOWN EVENTS (SUCII AS LUMBERJACK DA YS) IIA VE SUI\IE BASIC RESTRICTIUNS PLACED ON TltEM. WE ARE A SMALL CITY WITII A DOWNTOWN OF LlMETED SIZE AND CAN NOT SAFELY OR EFFECTIVL Y IIANOLE BOTH OVERSIZED EVENTS AND NORMAL DOWNTOWN ACTIVITY AT THE SAME TIME. . -DOWNTOWN EVENTS MA Y USE NO, MORE THAN ONE PARKING LOT FOR THE EVENT. THE OTHER LOTS BEING FOR EVENT ATTENDIES AND NORMAL DOWNTOWN NEEDS. (INDEVIDUAL PARKING LOTS AS DEFINED IN THE PUBLIC PARKING BROCURE 2001, E.1. Lot # I OR # 2, OR #3,ETe.) -BEER SALES SHOULD END AT THE EVENT WI-IEN TilE HEADLINE BAND STARTS TO PLAY OR AT 9PM, WICH EVER COMES FIRST. (THIS POLlC'r' IS USED SUCCESSFULLY BY THE METRODOME, TARGET CENTER, EXCEL CENTER, Ere.) -DOWNTOWN EVENTS MA Y USE LOWEL PARK NORTII OR SOUTH OF THE BRIDGE, NOT BOTH. (IF THE AMOUNT OF LAND THE EVENT USES IS LlMETED, THE SCALE OF THE EVENT WILL BE LlMETED) NAME ADDRESS :!Jbl/r.,JotPf PHONE # 1. {j"(llJ/llv' J 0'~({.1(:' 8'O~I!( /& I A /)}O(O.!..UfJj leu cjr: G: 'j-f-c.j 30 -011:// 2. I. I . ;] tv I~d!.. sI/itLf~ (j;;g - Y") 9-ooJd-.- t .~311J,. 43q-7~ d/~ ~ :333~iLJU~- 351-o;)~f 5. (~s ("s~v-<. (OIV'/?'\) /'51 jYlfA,"", 5--/- fJ/3 q- q 2- q Y . L-__lh'1-_5_t_..~,~S:L-<--_.__._-----_.._--_-di1~=--lL;~.le-- s ~1\Ilt4v+~~. ~ (J.2L5~~~IHIl-1, sf Ii!; I.. 27C; - OZr;:r- - \:.--- 0jl - it 3g Co d- '8l . 10 ~ r .{,., ct I J,- 71 - ciJ. ~ if" (p 5/ - J 5/ - 7 Cf 0 r II. 5l(~ ":;)J'21Lt- 101.- rV ft16Jn <;+. ?>S/-(L4B S \S 'vv,,^,,_,:'p\L ~S-\, df)S) l-414h,,- IIJ.- ~5~ /'n(L~ </37- 9'373 14. . uiu ~---.-LJ,;j-:j~!..21!-~u i37-gD20~ 15: SiC-[ c2/)1tA~ ~L~ . IJ~ 'S. mo...(/v...... t.+~- \\ <2>8 16. LA- 0fI~7t..d~ /,.},L( 5 /J7cZ-<.~ Lf30 - 1/ ,fY (7 ) -------- ,1 J . M 17.,.:J , /~,l~~ (,b.5 _)5~....J) /,-37- 5791 18. .~-_. - \./1'2, 5'1 71'3 7"-c.5-C>~O 7. . 3. . 4. 6. 8. 9. 12. 13. pi . , ----+-"" . - I . WE TilE UNDERSIGNED ASK TIIAI' DOWNTOWN EVENTS (SUCII AS LUMBERJM:K 1M YS) HAVE SOME BASIC RESTRICTIONS PLACED ON TIIEI\'! WE ARE A SMM,L CITY WITII A DOWNTOWN OF LlMETED SIZE AND CAN NOT SAFELY OR EFFECTIVL Y IIANDLE BOTH OVERSIZED EVENTS AND NORMAL DOWNTOWN ACTIVITY AT THE SAME TIME. -DOWNTOWN EVENTS MAY USE NO, MORE THAN ONE PARKING LOT FOR THE EVENT. THE OTHER LOTS BEING FOR EVENT ATTENDIES AND NORMAL DOWNTOWN NEEDS. (INDEVIDUAL PARKING LOTS AS DEFINED IN TilE PUBLIC PARKING I3ROCURE 2001, E.L Lot # I OR # 2, OR #3,ETC.) -BEER SALES SHOULD END AT THE EVENT WHEN THE HEADLINE BAND STARTS TO PLAY OR AT 9PM, WIGI EVER COMES FIRST. (TillS POLICY IS USED SUCCESSFULLY BY THE METRODOME, TARGET CENTER, EXCEL CENTER, ETC.) -DOWNTOWN EVENTS MAY USE LOWEL P ARK NORTH OR SOUTH OF THE BRIDGE, NOT BOTH. (IF THE AMOUNT OF LAND THE EVENT USES IS LlMETED, THE SCALE OF THE EVENT \VILL BE LlMETED) NAME .1 PHONE # 9. 0"5/- Lj 31-5(13 () i I ~ 5/- <;39 -J;) 7~ i (., )- I.~ <../.3 (j - ] I I. lJ i I ? 0 ~ L - L/3 ti I G Z ~ .t&~' &)1 ~ cj39-~tJri -2f{1tJ;11t:i -fJ-f-jJ7-r:%rt () (i12 N I fVrv1~ (\. Y ~~ .- Cf40C) ;)ll'i{ Ill, (1'1c~ l(3 q- (~~ _ ~7zJ ;1/ /J~ ~ -3c,;,-5D ___ --/.-2 c; 11/ jL'1/lll~_ '( '"!;> '(. 0 f 5 b Zz-\ ~ M..iYlll <;). _ ,\-~q - DJbf:::> 13. r031\J:~~;, tj39~'b~7fy 14. 6t2J{i) U'/~f. . ~ 7'l~) :: ii~~~i~-!t1~VJc: <<J (8<1 \~~{~!:: ~G . 17. '~~ .,.~~("'..A..O l\~ \ S Nv~ ~ 3><1-~ \l\J / ~)~ 3/1 -2<1 JY1l( If\- 3 S2 - I'f'i'l r--.--~ } /1111- V't~~f ,/7 t J;-~Tr~- I /,y fJ. Yt( C".cA-G /.2') . C I 4. . 6. 7. 8. . , . WE TIlE UNDERSIGNED ASK TIIAT DOWNTOWN EVENTS (SUCH AS LUMBERJACK DA YS) IIA VE SUI\IE BASIC RESTRICTIUNS I'LACELJ UN TlIErvl. WE ARE A SMALL CITY WITII A DOWNTOWN OF L1METED SIZE AND CAN NOT SAFELY OR EFFECTIVL Y HANDLE BOTH OVERSIZED EVENTS AND NORMAL DOWNTOWN ACTIVITY AT THE SAME TIME. . -DOWNTOWN EVENTS MA Y USE NO, MORE THAN ONE PARKING LOT FOR TIlE EVENT. THE OTHER LOTS BEING FOR EVENT ATTENDIES AND NORMAL DOWNTOWN NEEDS. (lNDEVIDUAL PARKING LOTS AS DEFINED IN TilE PUBLIC PARKING BROCURE 2001, E.1. Lot # I OR # 2, OR #3,ETC.) -BEER SALES SHOULD END AT THE EVENT WHEN THE HEADLINE BAND STARTS TO PLAY OR AT 9PM, WICH EVER COMES FIRST. (THIS POLICY IS USED SUCCESSFULLY BY THE METRODOME, TARGET CENTER, EXCEL CENTER, ETC.) -DOWNTOWN EVENTS 1\'1 A Y USE LUWEL PARK NORTII OR SOUTII OF TilE BRIlJGE, NOT BOTH. (IF THE AMOUNT OF LAND THE EVENT USES IS L1METED, THE SCALE OF TIlE EVENT WILL BE L1METED) NAME ADDRESS PHONE # I '714'A~' af? -~ /' /7 :' .., . ~{\OiJ? )N ;A{ Sc It {'r [.<(;{-: 46. . bJ - './~lLf7 5. (ll....../ A~ ?;<(Yf 5. tY11+/1v1 g . . ~5/-.i.~/ -S-tS1 6. /r-:?~:.e.. .4!!.4ft/14/.,2;5? ') -2 t'Y~f{!k~"'L-/dfsa(,;.-r;~~;A-z-- N"7-~' (<(<;'. ~ - - -.-- ....--_____.___ ________________.._...__ .__.____._._____.~.__.__ __.____.;...____-AI'"______~_______________,___ /. )1.1 Z G, ~l r I rlc\{ I (VV\.LJl , . t /; '}~f'ifr~ 1 Ii ( , I, I, .71 C; .;2Lg.4SZ22- 7. 8. 9. 10 II. 12. 13. ]4. 15. 16. 17. 18. . . WE TilE UNIJERSIGNED ASK TIIATDOWNTOWN EVENTS (SUO I AS LUMBEIUM:K DAYS) I lAVE SOME BASIC RESTRICTIONS I'LM:EIJ UN TllEM. WE ^,{E A SMM,L CITY WITII A IJOWNTOWN OF L1MIt:TED SIZE ANIJ CAN NOT SAFELY OR EFFECTIVL Y HANDLE BOTH OVERSIZED EVENTS AND NORMAL DOWNTOWN ACTIVITY AT THE SAME TIME. -DOWNTOWN EVENTS MAY USE NO, MORE THAN ONE PARKING LOT FOR THE EVENT. THE OTHER LOTS BEING FOR EVENT ATTENDft:S ANIJ NORMAL DOWNTOWN NEEDS. (INDfVIDUAL PARKING LOTS AS DEFINED IN TIlE PUBLIC PARKING BROCURE 2001, E.\. Lot # I OR # 2, OR #3,ETC.) -BEER SALES SHOULD END AT THE EVENT WHEN TilE HEADLINE BAND STARTS TO PLAY OR AT 9PM, WICH EVER COIVtES FIRST. (THIS POLICY IS USED SUCCESSFULL Y BY THE tvlETRODOME, TARGET CENTER, EXCEL CENTER, ETC.) -DOWNTOWN EVENTS MAY USE LOWEL PARK NORTH OR SOUTH OF THE BRIDGE, NOT BOTH. (IF THE AMOUNT OF LAND THE EVENT USES IS L1MtTED, THE SCALE OF THE EVENT WILL BE L1METED) NAME AIJDRESS I. ~+",-lv...,,\ C h iCY) I ~ Y\ 2. (~~ 6~vJ 3. 4. P PHONE # L-{ ~ , - ell II ~ -Q/,/S' -- &~-3-N&':l l(1D -o~9<6 Y?D-7/"5t '-i~q.;.'-/8"(; 3 l(sq -' 1Ig-(p 3 . 10 II. 14. 15. 1 ~~~~ 18. /). L0f,r>. , 510 . '. , ~~ WE TilE UNDERSIGNED ASK TIIAT I)OWNTOWN EVENTS (StlCII AS IJIl'vlBFRJACK \)A YS) HAVE SUME BASIC RESTRICTIUNS PLACED UN TIIEM. WE ARE A SMALL CITY WITII A DOWNTOWN OF L1METED SIZE AND CAN NOT SAFELY OR EFFECTIVL Y IIANDLE BOTH OVERSIZED EVENTS AND NORMAL DOWNTOWN ACTIVITY AT THE SAME TIME . -DOWNTOWN EVENTS MA YUSE NO, MORE THAN ONE PARKING LOT FOR THE EVENT. THE OTHER LOTS BEING FOR EVENT ATTENDIES AND NORMAL DOWNTOWN NEEDS. (INDEVIDUAL PARKING LOTS AS DEFINED IN THE PUBLIC PARKING BROCURE 2001, E.!. Lot # I OR # 2, OR #3,ETC.) -BEER SALES SHOULD END AT THE EVENT WHEN THE HEADLINE BAND STARTS TO PLAY OR AT 9PM, WICH EVER COMES FIRST. (THIS POLICY IS USED SUCCESSFULLY BY THE METRODOME, TARGET CENTER, EXCEL CENTER, ETC.) -DOWNTOWN EVENTS MAY USE LOWEL PARK NORTH OR SOUTH OF THE BRIDGE, NOT BOTH. (IF THE AMOUNT OF LAND THE EVENT USES IS L1METED, THE SCALE OF THE EVENT WILL BE LlMETED) N.r1lE ADDRESS lt~0~h-- . Ipl] W(~f ?t'rte ~^"f911/"-d'" 2.?/J'!:btu2 iiuld-l'/}f 23 OLl I a I r 171 f:? tP j} 060"S 3. ~a/~Y flUcbOJ1 i?30V'f';-:JLw'Je.," 2-r;;41>mt-,.y 4. ,j -I ( 0"~ ~ If E:) sk.e-Ai l-? v n'-e ~+ C:-7- c;+ J( ~ y; '-'+~CJ-Wdtf 5. \;..\I2.a.\od-h, liuXY\pV\,-e.t{ S d.Oc; fYl.llr'fua. ~ N ~l;IIW(t-l-e{ rv\lVW\. &2>14_30 -/o'J3 6. ~ llihberol 1BL.s~~lf.~~~ l~~ 3\\\~r fV)t.J ~~l~::f PHONE # ((PSi ) Z. 7 S - '1Dz../ c.~A/ - Y39-l?3~ -. I 7. 8. 9. 10 II. 12. 13. 14. 15. 16. 17. 18. . . WE TIlE UNDERSIGNED ASK TIIAT DOWNTOWN EVENTS (SUn I AS I JJMUERJACK DA YS) HA VE SOME BASIC RESTRICTIONS PI.ACED UN TIIEf'v1. WE ARE A SMAl.L CITY WITH A DOWNTOWN OF LIMiTED SIZE AND CAN NOT SAFELY OR EFFECTI'fL Y HANDLE BOTH OVERSIZED EVENTS AND NORMAL DOWNTOWN ACTIVITY AT THE SAME TIME. -DOWNTOWN EVENTS MAY USI:: NO.. MORE THAN ONE PARKING LOT FOR THE EVENT. THE OTHER LOTS BEING FOR EVENT ATTENO~S AND NORMAL DOWNTOWN NEEDS. (lND1VIDUAL PARKING LOTS AS DEFINED IN THE PUBLIC PARKING BROalJRE 2001, E.!. Lot # I OR H2, OR #3,ETC.) -BEER SALES SHOULD END AT TI-IE EVENT WHEN THE HEADLINE BAND STARTS TO PLAY OR AT 9PM, Wl.CH EVER COMES FIRST. (THIS POLICY IS USED SUCCESSFULLY BY THE METRODOME, TARGET CENTER, EXCEL CENTER, ETC.) -DOWNTOWN EVENTS MAY USE LOWEIl..PARK NORTH OR SOUTH OF THE BRIDGE, NOT BOTH. (iF TI-IE At..IOUNT or LAND THE EVENT USPS IS UMHTED, THE SCALE OF HIE EVENT WILL BE LIMIHED) ~ PHONE # 2. 3 4. 5. . 6. 7. 8. 9. 10 11. 12. 13. 14. 15 16. 17. 18. . AHCHOBAYPRO,INC TIM HOLD 6124394187 . FAX FAX TO: Steve Russell FROM: Tim Nolde RE: Senior Housing Project DATE: February I; 2002 Since Mayol' Kimble. Councilman Bealka and myselfwitl not be attending the council meeting on February S. 2002. I hereby request you table my proposal until the next meeting. Do you think a workshop session at that time is a good idea? I can better present all ofthe options and discuss other possibilities in that atmosphere. Thanks for all of your help and [am hopeful we can reach some solution. . . p.el .. ... -1'>,'" . Memo To: From: Date: Subject: Mayor and City Council Steve Russell, Community Development Director ~ January 30, 2002 Request to Purchase City Owned Land for Multifamily Housing The City received the attached request to purchase a portion of the City owned lot at the southwest comer of Orleans and W ashington Avenue (letter attached). The site is designated Business Park Industrial in the Comprehensive Plan and zoned Business Park Industrial (BP-I). The request would require a Comp Plan Amendment and Zoning Amendment to change the land use and zoning if the City wants to sell the site for multifamily housing. Since owning the site, the City has been approached by other potential purchasers of the site for a conforming Business Park use. . As you may recall, the site was originally purchased for a Wild Hockey training facility in conjunction with the Recreation Center. The key benefit ofthe site to the City is its proximity to the Recreation Center. Recommendation: Direction regarding request. Attachment: Letter from Tim Nolde, January 24,2002 . p!'';M& r......... lu1chobaypro, Inc. P.O. 119 Stillwater, MN 55082 651-439-4187 . "". January 24,2002 Stillwater City Council City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Council Members: It gives me great pleasure to report that our City received an. allocation. of Housing Revenue Bonds from the State of Minnesota and I commend the Council, Nile Kreisel, Steve Russell and all City Staff who assisted in this pursuit. The City should be proud of its determination to provide more affordable housing for its population. However, in order for these bonds to be secured, they must be sold within 120 days of January 4, 2002. This means we need to have all zoning and sight control matters resolved within 60 days. In light of the aforementioned information and after discussions with the neighbors and Mr~ Russell, I feel it is time to reconsider our proposed location of this project After visiting with Mr. Russell, an idea surfaced that may be adequate for all. The City owns a parcel of land bordering Washington Avenue and Orleans Street. The city purchased the site for $350,000 intending to provide a practice area for ... the Minnesota Wild. . Since the Minnesota Wild changed their plans, some ideas are a future community center and/or a swimming center. My proposal is to purchase approximately one-half of this parcel and its' development rights for $350,000; thereby allowing enough land for future City uses. In addition, I would agree to install and pay for all utilities to the remaining site with sidewalks along Washington Avenue and Orleans Streets that City Staff deems necessary. If the city is serious. about constructing the above-mentioned amenities, now may be the appropriate time. Due to the unique nature of the financing, we could combine the costs of the city project with ours and save the City 25% on all work. In order for this proposal to work, the necessary zoning and extension of the current Tax Increment Financing District is required. Ido believe this solution is workable and a win-win for the City, Mure senior citizens, the developer and the County Road 5 neighbors. Attached is a purchase agreement and I look forward to a desirable outcome. Thank you for your prompt attention to this matter. Tim Nolde Anchobaypro,lnc. . / / u: .', III ~ .~ ( ) \ / ~' ;/.. ""-,~ -," , 'll 5F/~ ". 07tJ 0) v ----[ L Location Map " 2t9 /J //1 '7 /I'~ R~IW !Cow R!<JW B2N D::!N rJIN DIN T:mN ~_'\IU::;I.~,.~,I: '. l' T09N " T2'JN T2KN 12KN ,~- 127N "\( T27N Ie::!W R2IW R20W Vicinity Map 5/ I-<- AI \ .~.::~ii.;,-~, 'f o 504, Scale in Feet Tl>i~d,awingi:1M"re"u;lolIlGOmp;I"I"", and'&l>'oduc\,onotlandrccor(!;aslhey "ppe,a,inv,,'",u;WachinglooCounlyOff""''' ~~~~:~I;h~I:;:I\= ~:~::';:~ :e<:pOn;,bleIOfony,n"c.cu",c',,; Sou,c",WashinglonCounly!><JrV9yO(;OthcB PP>0r>6(651) 430-6875 Po'cOl(lolaba;edon AS400",fo,mal;<>n cU"""11n'ough. Nov..ml;8,30 '2001 Map Prinloo; Jal\u8'y30.2oo2 . . . PUBLIC NOTICE The City Council will meet at City Hall on Tuesday, ,2002 at 7:00 p.m. at its regular meeting for the purpose of conducting a public hearing on a proposal recommended by the Charter Commission to change the City Charter by Ordinance. What follows is the text df the proposed amendment as approved by the Mayor. All those desiring to be heard are invited to attend or to send written comments prior to the meeting to the City Clerk. City Hall is located at 216 North Fourth Street, Stillwater, Minnesota. "ORDINANCE NO. AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF STILLWATER THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: The following changes are made to the City Charter pursuant to Minn. Stat. 9410.12, subd. 7: ARTICLE I. ENACTING. Article III, Section 3.01b, "Redefining Ward Boundaries" IS amended as follows: The third sentence of the section is amended by deleting the parts shown below: "Any action establishing new ward boundaries shall apply to the first election held at least 6 months after establishment of new boundaries." ARTICLE II. SAVING. In all other ways, the Stillwater City Charter shall remain in full force and effect. ARTICLE III. CHARTER COMMISSION. This Ordinance recommended for approval by the Charter Commission on January 28,2002. ARTICLE N. EFFECTNE DATE. This Ordinance will be in effect from and after its passage and publication as provided by Minn. Stat. 9410.32, subd. 7. Published text of this Ordinance approved for publication by Wally Milbrandt, Acting Mayor, on , 2002. Wally Milbrandt, Acting Mayor -. I ~ . Memo To: From: Date: Subject: Mayor and City Council Steve Russell, Community Development Director January 31, 2002 Community Development Block Grant (CDBG) Application for 2002 ~ The attached CDBG application requests assistance for low and moderate income homeowners in the North Hill Public Improvement Project Area. The program, as proposed, would be a three year CDBG Program providing approximately $300,000 of assistance. The assistance would be targeted to low and moderate income homeowners. This item was presented and approved by the Planning Commission at their meeting of January 14, 2002. Recommendation: Approval ofCDBG application for 2002 and authorize submittal . of application (resolution). ~'. , . Washington County, Minnesota 2002 CDBG Grant Program Application for Assistance , , .. I I. General Information ~ Applicant Name: City of Stillwater Contact Person Name/Title: Steve Russell, Community Development Director Address: 216 North Fourth Street Phone: (651)430-8821 Fax: (651)430-8810 City: Stillwater E-Mail: srussell@ci.stillwater.mn.us State/Zip: MN 55082 Alternate Contact: Larry Hansen Phone: (651)430-8801 I II. Project Information Project Title: North Hill Public Improvement Project Project Description: Improve storm and sanitary sewer, water, roads and other public facilities in the North Hill area, an area with many long time City residents on fIxed incomes. This project is proposed as a 3-year CDBG project, 2002-2004. The assistance would be provided to qualifIed low and moderate income households for public facility improvements (copy of project feasability study attached). Project Location: See attached map Which Eligible Activity Will Your Project Meet? o Acquisition of real property ~ Public facilities and improvements o Clearance and demolition o Rehabilitation o Code enforcement o Historic preservation o Home ownership assistance o Activities related to economic development o Renovation of closed buildings o Lead-based paint testing and abatement o Planning Which Type of CDBG Funds Are You Requesting? o Competitive Grant funds ~ Formula Allocation funds (available only to cities and townships) Amount Requested: $ $ 93.654.63 (2002). 3 year proiect . Page 1 of 6 . . . What Are Your Total Project Costs? $ 5.9 Million Which National Objective Will Your Project Meet? 181 Benefitting Low and Moderate Income Persons (if you check this box, you must check one category below and answer the associated questions) o Area Benefit (at least 36. 7% of people in the area served must be low- to moderate-income) A. In what Census Tract( s) and Block Group( s) do beneficiaries of your project live? (include maps) B. How many residents live in this area? C. What is the percentage of low and moderate income beneficiaries? D. What documentation did the Agency use? o HUn Data o Survey (If a survey was used, please attach completed survey.) 181 Limited Clientele (at least 51% of the people served must be low- to moderate-income) A. How many people do you anticipate serving in the upcoming year? 10-20 B. Of those people, how many will be served with CDBG funds? 10-20 C. Does this project benefit any specialized population such as: o Disabled 181 Elderly o Homeless o Other (Please explain) Most of the households needing assistance are long-time City residents on fixed incomes o Housing o Economic Development (at least 51% ofthejobs must be made available to low- or moderate-income people and onejob must be createdfor every $25,000 infunds) o Reduce or Eliminate Slum or Blight: (if you check this box, you must check one category below) o Area Basis (please include census track map or survey results) o Spot Basis (please attach photos of the project) o Urgent Need Page 2 of 6 I III. Project Benefit: Individuals Households Number of IndividualslHouseholds to Benefit from Project: How Many Low- to Moderate-lndividualslHouseholds to Benefit? 10-20 5-10 How Will Income Be Verified? 181 Income Verification Request Forms . o Presumed Benefit (HUD presumes the following to be principally low and moderate income: abused children, battered spouses, elderly persons, severely disabled persons, homeless persons, persons living with AIDS, migrantfarm workers) o Census Track Data o Survey o Other (Please explain) IV. Priority Needs A. Which Housing or Community Development Category Best Describes Your Project? (note: HUD requires that projects meeting high priority needs befimded before those meeting medium or low priority needs) Medium Priority Needs - Housing High Priority Needs - Housing o o o o o o o o o o Renter; sm. related, very low income Renter, sm. related, low income Renter, 19. related, very low income Renter, 19. related, low income Renter, 19. related, moderate income ,Renter, elderly, very low income . Renter, elderly, low income Owner, very low income OWl).er, low income Special populations o Renter, sm. related, moderate income o Renter, elderly, moderate income o Owner, moderate income High Priority Needs - CommunitY Development o Parks / recreation facilities 181 Water / sewer improvements 181 Street improvements 181 Sidewalks 181 Sewer improvements o Youth centers o Planning Medium Priority Needs - Community Development o Neighborhood facilities 181 Flood drain improvements 181 Other infrastructure needs o Crime awareness programs o Other anti-crime programs o Child care centers o Senior centers o Other senior projects o Commercial/industrial rehab B. Describe Why Your Project Fits Into This Category. The North Hill improvement project will provide low/moderate income households with public health and safety improvements. They can not afford without assistance. Page 3 of 6 I V. Project Budget Total Project Cost: $ 5.9 million . Total CDBG Funds: $ 93,654.63 Percent of CDBG Funds in Total Cost: 1.5 % Source of Funds Amount Committed Pending $ 2,968.585 181 Committed o Pending $ 2.553.341 o Committed 181 Pending $ 237,169 181 Committed o Pending $ 140,000 181 Committed . o Pending $ o Committed o Pending General fund Assessments Municipal state aid Storm water utility fund Expenses* (please itemize) Total Costs CDBG Funds Requested $ 327,000 $ $ 1,172,277 $ $ 633,100 $ $ 1,526.565 $ $ 712,900 $ $ 1,527,253 $ $ $ $ $ Total: $ 5,899,095 $ Easement acauisition Street reconstruction .Storm sewer construction Sanitary sewer construction Water main construction Engineering, administration, contingency * Please itemize project expenses, using thefollowing as applicable to your project: · Acquisition and Improvement Costs including purchase price, closing costs, site improvements, clearance of toxic contaminants, and other acquisition and improvement costs Construction/Rehabilitation Costs including site improvements, construction (labor, materials and supplies), installation, permits and other construction/rehabilitation costs Professional Fees and Personnel Costs including architectural, engineering and code inspection fees, surveys, appraisals, legal fees, hazardous materials surveys, project management, and other professional/personnel fees Other Development Costs including relocation, financing costs, environmental reviews, environmental studies, and other development costs · Eligible Costs for Planning Projects including professional services, project management costs, and other planning costs . . . Page 4 of 6 -. Complete for Acquisition and Substantial Rehabilitation Only 1 BR 2BR 3BR 4BR Maximum Rent - FMR (Fair Market Rent) Monthly Contract Rent Number of Units Size (sq. ft.) VI. Narrative 1. What is the goal of this project? The goal of the project is to improve the quality of City public facility service to an area of the City that currently has substandard facilities. 2. Who will benefit from this project? The low/moderate income households, the North Hill neighborhood and the broader City of Stillwater. 3. Applicants requesting both Formula Allocation funds and Competitive Grant funds: Describe how receiving Competitive Grant funds (as a supplement to Formula Allocation funds) will benefit the proposed project. Describe how the project will be implemented if Competitive Grant funds are not awarded. Applicants requesting only Competitive Grant funds: Describe your organization and the extent and length of experience the organization has in developing, managing, and/or administering similar activities. Page 5 of 6 . . . .' I VII. Certification I certify that the information contained in this application is true and correct and that it contains no misrepreJentations, falsifications; intentional omissions, or concealment of material facts. I further certify that no contracts have: !Jeen awarded, funds committed or construction begun on the proposed project, and that nOne will be prior to issuance of a Release of Funds by the program administrator. I Dare I Signature of Authorized Official Name of Authorized Official Wally Milbrandt Title Acting Mayor Page 6 of 6 . 408 North Third Street, #203 Stillwater, MN 55082 February 1,2002 Mayor and Council, City of Stillwater , q~ j. On Monday evening, January 28,2002, the Plariillng Committee of the City ofStplwater met, with the topic "Should the commission give theilapproval to the McKusick Ravine Project, Phase II, as presented with an eight-foot wide asphalt maintenance roadway?" It is ioo bad that three of you missed the brouhaha. The council chambers were packed. During the entire evening only two people sitting in the audience spoke in favor of the eight-foot asphalt strip. The meeting had not been pJblicized except by the c.P.R. (Community to Protect the Ravine) members. John Rheinbergh spoke up to defend the Council's actions when a speaker was making erroneous statements, ahd accusing him of not backing the c.P.R., who do NOT wailt any asphalt pathwaYjas they wer~ his constituents, and he should be representing them. He told them he represented the Jntire ward of nearly 4,000 people, not just the c.P.R. members. Naturally the crowd ofC.P.R. m~mbers did not like that. Those who spoke against the eight-foot pathway had already been told that evening by City Engineer Klayton Eckles that eight feet was the width of paths in ALL the city park~. . . . . . . The C.P.R. members stated such things as: The ''visitors'' would be looking in their windows. (There are only two houses down near the floor of the ravine.) I It wiJ) bring lots more people to the ravine. (They obviously want the ravine private. None of our city parks are private, and they are all bordered by residencesJ AND the parks are ACCESSIBLE to AU.) I They didn't want access ramps at Everett Street. (They obviously want the ravine private.) I They didn't want it ADA accessible. (A person needing a cane could not use a path unless it was paved An ADA lawsuit is inevitable if not paved) I They didn't want the wildlife disturbed. (The birds and squirrels are up in (he trees, rabbits are no problem, and any other animals - reptile or mamma/- on the ground they would not want.) No one mentioned that if you do not build the paved path, you wilJ have people wandering all over the place, and the bottom of the ravine wiU become a quagmire and quickly permit erosion. It would also require rubber boots. A paved path would permit all-weather, all-se~sons accessibility and better control where people walk. I was the second person to speak in favor of the eight-foot asphalt pathway. I Ilad waited to speak until the chairwoman said the hearing would be closed unless there were soJe new issues. (The speakers had been very repetitive.) At that point I stood up. I . February 1, 2002 Page 2 I stated, "I would bring fresh air to the hearing. AJI this group is trying to do is PRIVATIZE the ravine for their own use, whereas this public property belongs to ALL of the people of Stillwater. This public property is so large that one could drop several Washington Parks in it. It must be accessible for maintenance. They also don't want it ADA accessible. This could bring a lawsuit. The city is returning a babbling brook to the ravine for the first time in more than a century. It must be accessible to all residents of Stillwater as a park, as it is public property." My statement was that brief I sat down, and as I had expected, pandemonium reigned and the meeting completely disintegrated. That is why I had delayed from speaking earlier in the meeting. I knew that the one word, '1>RIV A TIZE," would light a fuse, for it summed up what they were selfishly trying to do with the argumentation by their C.P.R. members. In a nutshell, the c.P.R. members do not want to share the new McKusick Creek with anyone else. Please put in that all-weather, aU-season, eight-foot path, witb steps at the east end. That babbling brook and paved path will increase the value of the homes of bordering and nearby residences immediately. C.P.R. members never mentioned that fact. . Consider a different name since you will be rejuvenating McKusick Creek to its babbling . past. How about "McKusick Creek Park?" Sounds more inviting. Thank you. Sincerely, r!Y~ J~ Duane Seaquist . . . . ~ Memorandum To: {/ v From: Mayor and City Council Klayton Eckles, City Engineer January 31, 2002 Date: Subject: McKusick Lake Diversion Project (project #2002-04) DISCUSSION The plans and specifications for the McKusick Lake Diversion project are nearly completed. Staff has been working with Bonestroo to complete the design of a project that will divert the water from the Long Lake tributary into McKusick Lake and from there into the McKusick Ravine. With the completion of the plans and specifications we will now be able to determine where if any easements are needed in order to construct this project. Easement acquisition could take a number of months leading to a late summer start date. One issue that has been somewhat controversial on this project concerns the proposed trailways in the McKusick Ravine area. In the design process, we considered a number of trail and access road designs. In the end, it was clearly favorable to install a blacktop trail. When the project was presented to the McKusick Ravine neighborhood on January 29th at the Park Board meeting there was significant opposition to a trail. In the end, the Park Board voted 3 to 2 in favor of a blacktop trail and apPI:oving the project as presented. The project also includes some other trail improvements around McKusick Lake. Specifically, the project proposes connecting the McKusick Lake dam to the Greentwig Way cul-de-sac. This connection is one that has been under consideration for some time and was part of a special trail study. There will likely be some residents in the area who are not pleased that this connection is finally coming to pass. This connection will be a great asset to the community because it will link the Eagle Ridge neighborhoods and the Meadowlark Drive neighborhoods with the McKusick trail system. RECOMMENDATION Staff recommends that Council review the plans for the McKusick Lake Diversion Project and pass a resolution accepting the plans and specifications, proceed with the bidding process and direct staff to commence acquisitions of easements. ACTION REQUIRED If Council concurs with staff recommendation, Council should pass a motion adopting a resolution APPROVING PLANS AND SPECIFICATIONS, ORDERING ADVERTISEMENT FOR BIDS, AND DIRECTING STAFF TO ACQUIRE EASEMENTS FOR THE MCKUSICK LAKE DIVERSION PROJECT (pROJECT #2002-04). . APPROVE PLANS & SPECIFICATIONS, ORDERING ADVERTISEMENT FOR BIDS AND ACQUIRE EASEMENTS FOR MCKUSICK LAKE DIVERSION PROJECT (PHASE II) (PROJECT 2002-04) . WHEREAS, pursuant to a resolution passed by the Council on January 18,2000, Bonestroo, Rosene, Anderlik and Associates has prepared plans and specifications. for the making of McKusick Lake Conveyance System (project 9626F and 2002-(4); and WHEREAS, the City Engineer has presented such plans and specifications to Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILL WATER, MINNESOTA: 1. The plans and specifications presented by the City Engineer are hereby approved. 2. The City Clerk is ordered to prepare and cause to be inserted in The Gazette and in the Construction Bulletin an advertisement for bids upon the making ofthe improvement under the approved plans and specifications. The advertisement shall be published once in the Stillwater Gazette and in the Construction Bulletin, shall specify the work to be done, shall state that bids will be received by the City Clerk, at which timethey will be publicly opened at City Hall by the City Engineer; will then be tabulated and will be considered by the . Council at a future regular Council meeting in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for ten (10) percent of the amount of the bid. 3. Direct staff to begin the process of obtaining easements to construct this project. Adopted by the Council this 5th day of February 2002. Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk . . . . .f ~ a Bonestroo _ _ Rosene ~ Anderlil< & . \J. Associates Engineers & Architects Bonestroo, Rosene, Anderllk and Associates, Inc. Is an Affirmative Action/Equal Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo. P.E. . Marvin L. Sorvala. P.E. . Glenn R. Cook. PE. . Robert G. Schunicht, PE. . Jerry A. Bourdon. P.E. Senior Consultants: Robert W. Rosene. P.E. . Joseph C. Anderlik. PE. . Richard E. Turner. PE. . Susan M. Eberlin. c.PA. Associate 'Principals: Keith A. Gordon. PE. . Robert R. Pfefferle. PE. . Richard W. Foster. PE. . David O. Loskota. PE. . Mark A. Hanson. P.E. . Michael T. Rautmann. P.E. . Ted K. Field. P.E. . Kenneth P. Anderson. P.E. . Mark R. Rolfs. P.E. . David A. Bonestroo. M.B.A. . Sidney P. Williamson, P.E.. LS. . Agnes M. Ring, M.B.A. . Allan Rick Schmidt, P.E. . Thomas W. Peterson. P.E. . James R. Maland. PE. . Miles B. Jensen. PE. . L. Phillip Gravel III. P.E. . Daniel. J. Edgerton. P.E. . . Ismael Martinez. P.E. . Thomas A. Syfko. P.E. . Sheldon J. Johnson' Dale A. Grove. P.~ . Thomas A. Roushar. P.E... Robert J. Devery. P.E. Offices: St. Paul. St. Cloud. Rochester and Willmar. MN . Milwaukee. WI . Chicago. IL Website: www.bonestroo.com Date: To: January 21,2002 Stillwater Parks and Open Space Commission, Steve Russell, and Klayton Eckles Sherri Buss, Bonestroo & Associates (651) 604-4758 McKusick Ravine Project, Phase II From: Subject: This memo summarizes Phase II of the City's proposed McKusick Ravine project. The plans and specifications for this project are nearly complete, and will go to the City Council in February to request authorization to proceed. The project is expected to be constructed in the Fall, 2002. The project includes a variety of elements within the ravine itself, and around McKusick Lake and its wetland. These include the following: · Storm water infrastructure, including a pipe, diversions structures, and a new outlet at the east end of McKusick Lake · A created creek in the ravine · A trail/maintenance path in' the ravine, and trails on the west side of McKusick Lake . · Restoration of native vegetation in the ravine and repair of eroded slopes · Repairs to existing water and sanitary sewer infrastructure in the ravine The project elements are shown in detail on Figures 2, 3 and 4, and described beginning on page 2. Backl!round This project is part of the Mitigation Plan that the City of Stillwater adopted with the Alternative Urban Areawide Review (AUAR) in 1997. State environmental rules require. the City to implement this plan as the Annexation Area develops. The City developed the . AUAR and Mitigation Plan in partnership with the State's natural resource agencies. The Plan details the steps the City will take to avoid, minimize or mitigate for the impacts of development in the Annexation Area. Brown's Creek, a 'designated trout stream, and rare species and plant communities near the creek will be protected through implementation of this plan. The cornerstone of the MitigationPlan is the diversion of storm water from the AnnexationArea away from Brown's Creek to McKusick Lake, to protect the trout 1 2335 West Highway 36 · St. Paul, MN 55113. 651-636-4600 · Fax: 651-636-1311 .. stream and other rare resources from the impacts of development. A Technical Committee including representatives of several natural resource agencies, Trout Unlimited, Stillwater Township, several developers, and other concerned organizations developed the storm water diversion plan with the City. Brown's Creek Watersned District approved the AUAR and its storIll water management provisions as the subwatershed plan for the area in the summer, 2000. After the completion of the AUAR, the City completed an additional study ofthe diversion's impacts to McKusick Lake and the stormwater system downstream to the St.' Croix River. This study resulted in recommendations to enlarge the outlet at the east end ofMcKusick Lake, and improve the system downstream by creating an open channel (creeK) in the ravine, and improving the pipe system from the outlet through downtown Stillwater to the S1. Croix River. . Figure 1 identifies the components of the full diversion plan. The components are identified beginning at the downstream end of the system. This is genera.lly the order in which they will be constructed. . Components that will be built in Phase II are highlighted witha*: . A~Mulberry Point Storm Sewer Modifications at the outflow to the St. Croix (constructed Year 2000-2001) R-McKusick Ravine Phase I-Utilities improvements in Mulberry Street (constructed Year 2000-2001) *C-McKusick Ravine Phase II -Addition of the storm water pipe, creek, and Other construction in the ravine (to be constructed fall, 2002) *D-McKusick Lake Outlet modifications to handle diverted flows (to be constructed fall, 2002) *E-McKusick Wetland&Lake Structures and Trail (to be constructed fall, 2002) F-Brown's Creek Diversion Pipe and Channel at Golf Course (constructed year 1999) *G-Diversion Structure at Zephyr Railroad (to be constructed year 2002) H-Long Lake Outlet and Channel Modifications (to be constructed after year 2002) McKusick Ravine Phase II: Proiect Elements Detailed Figures 2-4 show the elements ofthe McKusick Ravine Project, Phase II. 1. Storm Sewer Infrastructure The figures indicate the location of the new storm sewer pipe that will convey water from McKusick Lake through the ravine to the pipe completed under Mulberry Street last year. The pipe will be built largely on city-owned property. The City needs to acquire easements in a few locations along this route, as shown. . 2 . Other storm water structures will also be added to manage the flow of water through this system. The outlet at the east end of McKusick Lake will be enlarged to accommodate additional flow from the Annexation Area. Anew weir (small spillway) will be added between McKusick Lake and its wetland, at the west end of the dike, to control flows to the Lake. A larger diversion structure will be constructed on the south side of the Zephyr Railroad tracks near thecreek to divert flows from Long Lake and the Annexation Area to an existing pipe under Neal Avenue and toward McKusick Lake. A new channel for Brown's Creek was constructed by the Minnesota DNR along the north side of the golf course in 1999. The channel was designed to provide a connection for trout to migrate from the lower portion of Brown's Creek to the upper watershed, bypassing the warm water of the wetland north ofMcKusick Lake. . 2. New "Creek" in the Ravine The additional storm water that will flow through the ravine after the diversion provides the opportunity to create a new "creek" in the ravine to improve habitat and provide an amenity. The creek will carry approximately 1-2 cubic feet per second (cfs) of water, about the same amount that has flowed in the channel in recent years when Lily Lake has been drained. . At the same time that the storm water pipe is added to the ravine, the creek channel will be constructed and planted with native vegetation to resemble a natural creek. Existing erosion problems in the channel will be eliminated, and the creek flow will be controlled by the outlet and pipes that are part of the new system. In years of normal rainfall the creek will flow from spring to fall. It may be dry at times during dry seasons or years of low rainfall. 3. Trail/Maintenance Path The City's Comprehensive Trail Plan includes a proposed trail through the ravine, to connect trails from the Brown's Creek Open Space site and McKusick Lake to city neighborhoods and the downtown. This project will provide an opportunity to build the proposed trail. The City has reviewed options for trail design and surfacing, and is recommending a bituminous trail for the following reasons: - A bituminous trail will make the trail useable by a wider range of residents, including users with mobility limitations, families with strollers, etc. -Bituminous surface is needed on steep slopes to prevent trail erosion. · The bituminous surface will require less frequent maintenance than gravel - City maintenance vehicles will be able to access the water, sanitary sewer, and storm sewer infrastructure in the ravine. · There is little or no difference in ecological impacts of bituminous surface, compacted aggregate, or compacted soil. . 3 . City staff reviewed several options for access to the ravine trail.at Mulberry Street. A stairway was selected for access atthis location to minimize the impact of the trail on the surrounding woodland. The City's Comprehensive TrailPlan also calls for a trail connection from the existing path on the east side ofMcKusick Lake to the Green Twig cuI de sac west of the lake. The plans show the proposed route of this trail along the McKusick Lake dike. The dike will be raised at its western end and a weir constructed in this area to manage flows between the wetland and lake. The trail is proposed to follow the top of the dike to, then continue as a boardwalk through the wetland, and follow an existing City easement up to Green Twig. A trail spur is also proposed from the dike to the north, along an existing berm. Extending the trail further to the north is not proposed, as this would cross private properties or require extensive fill of the ' wetland in this area. 4. Restoration of Native Vegetation The woodland in the ravine is in a degraded condition. Without active restoration, its health will continue to decline. Human activities over the past 150 years, such as filling, building, and dumping have degraded the canopy and woodland understory in most areas. Invasive exotic species such as buckthorn and Siberian elm are so thick that it is difficult for native trees, shrubs, and wildflowers to regenerate. . The ravine project offers an opportunity to restore better health to the ravine. As a part of this project, invasive species such as buckthorn will be removed. Areas disturbed for construction will be replanted with native trees and shrubs, and seeded with native seed mixes appropriate for the conditions. Most of the disturbance will occur at the bottom of the ravine, along the route of the existing channel. The construction will avoid cutting or damaging oaks and other native trees as much as possible. Any quality trees lost will be replaced with native species typical of the oak woodland community in the ravine. The ground layer in the construction area is dominated by non-native species such as reed canary grass and nettles. These areas will be seeded with native species after construction is completed. Erosion is occurring in several locations along the ravine, where runoff flows directly from streets into the ravine. These areas will be repaired and restored as apart of this project. 5. Repairs to Existing Infrastructure The City has surveyed the existing water and sanitary sewer infrastructure in the ravine. Needs for repairs in this aging system have been identified. 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J//;:/ :~' ~~)'~' i, I' ;' ,- / t/o \, ,: --' r~: -- ~' " -0 I \ I , i/ ~' ==--- I' I' , . /~, , _L-' .::".../ / v~ - , " r--c, -. 'J .---?' I _- I ,,/-. ~/''=I' :' " ':/' ~- ---~- ~~___ ;I~// =--== _I II l~ -----;r--~- : ~\ "--]~-~./ I' I , ::--"1 1 I I ~-o"" :, "TJ~ ,= ' : 'I /!..I, ~\ ;:~j /) L~~-_-' 1- ~i ! ~____.I ---~_____~L~_:_=__=__ IL-rI_~.=-- I _ ~l --_ 1 HWY.96 o o :; HWY.36 DIVERSION IMPROVEMENTS A. Mulberry Point Storm Sewer Modifications B, McKusick Ravine - Phase I (Mulberry Street) C. McKusick Ravine - Phase II (Ravine) D. McKusick Lake Outlet E. McKusick Wetland I Lake Wier F. Brown's Creek Diversion at Golf Course ' G. Long Lake to McKu.oick Lake Diversion H. Long Lake Outlet,Modifications ~OJECT LOCATION AND SURROUNDING AREAS STILLWATER, MINNESOTA McKUSICK RAVINE STUDY FIGURE 1 1510151099102\CADIAVPROlEC'ru'ROJ WC.APR 7-26-00 HOG COMM, 51099102 '~ -' '-...:./ ...--.. .~~... ----.;~/, ;."; I .'to " ~', \~ \.,\~).~ ,,;\ ) '\--; , , , I. \ N W*E S j n j Bonestroo e Rosene "1\'11 Anderlik & 1 \J 1 Associates Engineers & Architects ---r'" " " :f I' " " " " .__J ---T..... " " " ---' , --,1 " " " " " " " " , , , , , , --" -1 --1 ,"-.r! 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PRINT NAME: I,Alcholll S NIII DESIGNEO WPROVED "AH STILLWATER, MINNESOTA McKUSICK RAVINE STORM SEWER IMPROVEMENTS McKUSICK LAKE OUTLET TO MULBERRY STREET PATHWAY CONSTRUCTION Aoeh..ter Orneel Phonll; 501-282-2100 fal: 507.21123100 PBW ORT MSN MllwllukM orneel PhOf)ll: 262-241--t"66 F..; 262-241-4901 st. Cloud DIne., Phon.: 320.251.4553 F..: 320-251.6252 Wlllmer Office, Pllone: 320'21"-9551 h.: 320-214-9450 SICNAl\JRE: DATE ;;. Ul :5 / i Go / n o "- ~ ~ I Go '1 9 h . o Q :;: ~ "- g OJ Q '" ~ en en )0 '" n .., -< OJ C) ~ ~~ . . . /j't:~ 1 ~~::::~ .._h_=f) '-1-- I )00 J L__ UI n o ,,- 5' o 0, ,,\,\,1 \ // j jll! I ~u---~l__Lj ,J \E:' \i\. l ~ -. /'--,::::~::'i~::~1 rOO] \f.:. A... '[l! II I i :-h0 i ( I i {: . =_:_-:_"\-:,'i:,.,:j': I' ~I _ _ / /en__n_' ,: , --, r' ""., I, " ", "-'" ____:,. , . ----1 I ---- I I : _.._.._._._u~...... '::~~::: .~l _" ::~~~ ... J,' I ! : i I ! 1-: ! i ['00--:. ~ ::.. ~~t::~.. - -! 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S Nltl O(SICUEO ,l,PPRO\'[O ~_ ,..,,1 Ottle., P"gn.; 651'616-4600 f..:651-6)'-1]1I JLlJ Bones/roo _____ Rosene ~ Anderlik & '\J' Associates En(Jlnoors ,~ Archftocls Wc:ll~ltCl: www lIoflut,olJ,com Rueh..'., orn'.l Phont: 501-28l-2100 fu:507-l02l10Q r>13w :lflr Ullwtuk.. OMul Phont: 162.241-4466 '''.262-241-4901 ~4Stl al. Clu"d orn'.1 Phont: UO-HI-4SSJ rU: nO-251-62S2 Wlll",.,ornul PhUlI': 120-214.\1551 fu: 120-214-')4511 ~(.l.ti SICt-U.T\JRE: DATE (\,u: 50 UC. un 2691-1 ItlDO/j[S~~.o~ 1l0S(UC, .vm[fIl.IK &- ASSOCIATES, lHe 2002 . . . I 900 ; ~~o 870 i 850 i 840_ I I I I I I I I I I I I L_-=.~. .--..-..-..-..-..-..-.. VJ ObOCfhf ~11Tflmt r' ;-., ~r-:' -./ "\..--"~ '--.J ./ .:.."\., ~7 ;--.... ~~ ;"--""(-1 --< ;~.....\ ,~ LAKE MCKUSlCK SPILLWAY STRUCl1JRE TO BROV/N'S CREEK (w/FOOT BRIDGE) h, j < I I 'J .>.oJ "- ',,- ',,- ',,- ~~-- "';I~t: \ \ \ --- ; I \ . 1\. , \ \ \ '. \ \ \. ....7 " \ ,~- . ',-~..':-''- ~~:::=: --~~ ----..-. , , o 00 o TO? OF 10' \\lDE BERM. a 860.0 -~ ;:4#{~~{~':'~'~-'~~~;~f~:~:,.iiff~ -+--- - ----I - -~- EDGE OF WATER (JAN. 2002) OUTLOT I 890 I 860 . i I ----)--, .__i <Xl Ol ~. ~ L'1 Ul: <Xl. co I 01 ,,:' 1f1 <Xl, <Xl, n' 1f1 <Xl co ..,j.' 1f1 to Ol' ,...j: ll)1 coj o .,j Ll) <Xl o ~I <Xl 10+00 9+00 8+00 <Xl n ll) <Xl 7+00 i i 1-- -~- ~~-~- .\"---::x;----:.( TO? OF EXlSllNG BERM (BASE UNE) --------------- 1'AA1r..... ON ~ ! LAKE MCKUSICK NIIL 853.0 HIlL 855.7 o 50 t-- Scole in f""t 100 , ! - 1 . / 1 '-7-' I i I ! : , . CONSTRUCT BERM, TO EL. 860.0 (INAL EL; OF BER~1 857.7 ; o r / i PROFILE TOP OF] SLOPE $OUTH SIDE OF EXISTING BERM ~BASE U~IE) i i l"oo I en; ,.; ,...j: ll)' ll) co, CO 6+00 . ------ , ....- 1-.-1 N, .,j, ll)i to. I ,.... .,j ll) co: i i .... w '" <Xl Ol to r' r--: '" 1f1 <Xl c::: - ~)~:~-~..,:.~~ '" ,,: "'. co: <!)O .,j '" <Xl, N .,.; 1f1 <Xl <Xl ui' ll)' <Xl 1IJ W '" IXJ ... ,..:. ll)' <Xl w ll)' co' 5+00 4+00 3+00 2+00 1+00 ~ ~ ~ ~ ~ ::> ~ '" " " ~ :i1 a. 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CREEK ~ ......,,~_/ ~ 5' 50 Scal8 in feet . -------.------..., "- / ~-_........--......_-- -------------... ~------._....~> ...___.---..':..ROPOSED BERM \ .-------- -------- ----"~ ~ c==:=~~'~::===:-- ~;~~~.. t .....J~.k-_",~\< {/ - r- ;---r......~.r...\.-...........r-f--' EXISTING CREEK TRAIL ENDS AT WET LAND ------ -------~ ..------, ------~ ..---- ------ .---=----== -,.- i i ( ; .// . ~ ~ ~ ~ ~ ~ ~ Ii1 o ~~~ f5~~ :z.~1LI ~V1~~ iSt;Qlii !:i:IoJUJa.J ~~~~ ":~:ta.. ~~~~ ~?5~~ FC:::Jw ~..~~j!: ,,=0... 00 1::/;;<~ ffie~::s t)~-~ kl /;;~to;i!' ~ 1.&.Ia..~o: ~!tlo~ ~ _~~J a.. ~ ~ ~ ~ '" 0 CD Mp')O_ U >-...... 1.0 .... _ 10 ......vl"'": ll::=Ul'- O..c 1Il~,,= ~ZI.OC'f": ~ ::~~! ra :3:; l.O lr. a.~~o;~ ...; Ul . C )l U)~Ul~~ N 0.. o c1:S III e .l<:3 ....... QJ.- CO lIICL:U CIJCIJCIJo e lII"O III ooelll 1IlD:::<l;<l; ~~~ ~ OZ (f)Q wlQ ZWz Z~O _Clu; ~wffi ~i5 li':5~ w~~ ~~5 3:(/) ...J~ ...Ju I-:::E (f) fwu~ 4~ 510001Q5Cll SHEET NU~ElER C5.1" i i ~ I -r-i 900 I ! . . , 890 : 870 : . \..., ( \ l'V \ --'-- (j ,_;~",'/ _\__/' ~. Q'W -~. . /._ ' ./ r-., r-., .-..- /' \><" ,," /'WD// '" ' " " " '/ 'W ' '. ' ,/' .0 ' / o c -; r o -; (~"/\' r ~ '\ ~'\ I ....; -< ) .> 'yJ '; \'-. ,. 8+00 (PROPOSED BOARDWALK . 9+00 ,01"00 '\1'00 LAKE MCKUSICK NWL 8530 HWL 855:7 ~-)- ;r::~ HIGH POINT El.EV HIGH POINT ST A - 887.70 , - 0+24.66 Ip - VI El.EV - ;688.00 i A.D. _ -7.62 i I I K - 6.57 ! PVI STA -!1+40 I : 50.00" Yc I (VI ElEV -; 661.66 I: I _, .".;n ~ i : i.. i ,"""""I' ' ~ ~';' - I _ "! I I I 50.00' 'IC I ' :-__El.EV:- 88116 I : I; .." ' i I '~"''-'''''; '. '5~ :~ !--Lo,,-i I ,. ~0;'ob7'~ . m ii'; Ii ~ e I ~ ~ ,,:;.--1 '. ' ! "< ,,,. ,~:o ' I , ,. W ,_.! · · I ' ~:I~I~ i~ ~ i ~I~ fl""STIN ' ! '1 ii ~ _:-6.7.1.. rW'I'Gi--:I:-~'r~"1 Ii ~ ~ I ,i , ~..: . .,.. ,r__.' ~.- ' i -...' i ",.g_1 I , ," _;--,., ' "" i ' · ! i :~~! I ~I~ i '. i ! i~ I ~I~ ,__; , ' I __~ ~:~ ~I~ I , ! ! ; I ~L I ~' ' " ' , I ,-PRO ' I "; : < (;j , ;: " POSED Ii. PROFl ! ", ," " ' LE , '.~<_,>>, I ' , i ~~7 i r-I jL BOARD rAU< ,_ -;-----' 'i~---i' '. - - ".,,/' " I ! I i j I I I , I i I I , I i I I I ; 1 I 1 i I i i I I ! , I I I I I ! EL; 855.0 ..... ,..:' a: a: i ,,~ .N ". "," ",'" '" 1 .---:----, . - I 1--- i-----'--- ,,,is ,,0- ~:~ ~ ,~" ~.'g CO::O/ ~~ a:", i 0'" ~J a:>n '" _0 I"i=! 10" ",,,, '" 00 ~'~ a:>", 00 n~ gJ~ 00 ~;i ",10 '" _0 r'i~ 10'" ",.11 ,'" ,,'"' .'" Oje a:>'" '" ",0 ~,~ ",'" '" a'" NO! ",- co'" ." ".'" N"": ,,'" "," '" ,,'" .~ ~d "," '" -'" ,.,;~ 10'" a:'" '" 00 N~ ",- ",'" '" 0'" N"'1 ",- ",n ," ",'" ~~ "," '" ~.:! ;C..,..: ",<0 '" <0" ~;: ",'" '" N- ~.~ "'.'" 0+00 11+00 1+00 3+00 8+00 9+00 10+00 2+00 4+00 5+00 6+00 7+00 ---.---- 1 :1 '\b~ , ~ ,11; ':i;" II, : It : I, p II ' . I ~ '--- ': ~{! ! ~r t '...... I, \ ''- ~ , I \ ~ "-.-' ' '---\ '-....."-./ - . .'-" \ \ \l~\ \: \8\ \~ I \ r.\ \; 1\ \-r\ \\\ , \.\1 \ 1'1,\ \ ,'.' \ n ~. 1;\,8\ 1<\\ I --~ r I I I I .-t-----~-=- \ \ \ \ i z o .....- 50 Sccle In feet i I ; i ~ ~ . .; 8 . j ~ Lli : T-N--~ \ : . ~ .-:--f > < '" ~ ul i-ii:--L'- i 1 .p-' , ~ 1I',"'1! . t.?": · . . ...-"--- ; Nm; 853.0 _0 ,...j~ 10'" ",,,, '" ~lg :ri.~ Ul:CO , 0'" ..t.:::' ~,2 '0 o ci '" '" 12+00 100 , 8 c<SIDtl 1.. ~ 01.-1 GJ .uQ)._m':=E ID ~~'u "E ~ C lJl'J 0 '" e oac:U'Ja:s"f IIlO::<(~~~ ~~~! I I r-- I I 900 <( I ..... z ! 00 i (/)(j) : 890 Wa::: ,-ZW i Z;;:: _0 ! 880 ~ W ,- -~~ 0:::-11- W~ ,870 ~ ~ ~~ .....J ()~ I -~ . 860 t1 ~50 I 849_ Hbl>>E 4-C 51QOO106c510 SHEET NU~BER i' ", . . . r illwater ~ - - ~~ THE BIRTHPLACE OF MINNESOTA J YI February 4,2002 Jeanne M. Anderson 1109 South 4th Street Stillwater, MN 55082 Subject: Response to Request for Traffic Calming Measures on South 4th Street Dear Jeanne: In response to your request for immediate action to implement traffic calming measures on 4th Street, I must remind you of my comments I made at the neighborhood meeting. At that time I stated that the City has heard from many different neighborhoods and individual residents who have requested traffic calming improvements. In all these cases, the City staff has recommended to the Council that traffic calming measures not be implemented unless neighborhoods participate in the cost of these improvements. Staff is currently formulating a policy on this issue similar to policies adopted by other cities. It is important for the City to have a policy that includes neighborhood participation for a number of reasons. First, there are many residents who would like to see slower traffic on their streets. High traffic speeds in residential neighborhoods have been the recurrent complaint that I have heard most often in my 20 years as a civil engineer. The problem is not unique to your street or the City of Stillwater. Without a cost participation formula, almost every street in town would want to see traffic calming measures. Second, since we have no source of money for traffic calming projects, we would be forced to take money from our infrastructure funds which are already struggling to keep up with the demand to repair decaying infrastructure. Finally, there is simply the issue of fairness. If a traffic calming measure has a noticeable and measureable positive benefit to a neighborhood, it would be inappropriate for the general city to pay for this specific benefit to a neighborhood. Weare in general agreement concerning the relationship between street width and vehicle speeds. You referred to some of the recommendations in the book titled Residential Streets. I have spoken at a number of engineering conferences in Wisconsin and Minnesota concerning narrow street design and have recommended the use of this book as well. However, it is important to remember that the book is primarily useful in designing new streets, especially those that have relatively low traffic volumes. In the case of 4th Street, we have an existing street CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 '\. , with high traffic volumes and designated as a Municipal State Aid Street. At your neighborhood meeting, I encouraged you to pursue neighborhood support for financing of a traffic study. . Garnering financial support would not only demonstrate the neighborhood commitment, it would also speed the process since we have no money budgeted towards a traffic study on 4th Street in 2002. I don't know where the City would find the money to complete such a study. Ifthis suggestion is not feasible for your neighborhood, I can only recommend that you work with the City Council to press for a budget item for 2003. I caution you however, City staff might not enthusiastically support a study if we do not have some indication that the neighborhood would be willing to financially participate in the cost of capital improvements that might be needed in order to implement a traffic calming project on your street. As a final note, let me respond to your suggestion that the City has "brushed off' your request for action. Staff and Council are all aware of the concern of traffic on 4th Street. Staff has participated in your neighborhood meetings and the City Council adopted a Comprehensive Plan that identified 4th Street as a problem area for traffic. It is my understanding that the Police Department has increased enforcement on 4th Street. Perhaps the biggest factor that contributes to this perception is the one which I discussed at the meeting -- the fact that the City's time line is often much longer than the neighborhood's expectation. From the standpoint of cost management and neighborhood participation, by far the most effective time to deal with traffic calming measures is during a street reconstruction project. Currently, it does not appear that major portions of 4th Street will see a street reconstruction project within the next 5 years. Maybe within the next 10 years, 4th Street will see a major project. This timeline is one of the realities of properly managing 80 miles oflocal streets cost effectively. Thank you for the opportunity to discuss street issues in your neighborhood. If! can be of any additional assistance or provide additional information, please feel free to give me a call. . Klayton Eckles, P .E. City Engineer Cc: City Council . ~l/~~;L~~L !{;LO 'f-Jt:;Jjj.':HJ ~ . 1 anuary 30, 2002 VIA FAX TO (651) 430-8810 Klayton Eckles City Engineer City of Stillwater City Hall 216 N. 4th St. Stillwater, MN 55082 RE: Problem with speeding, lack of enforcement and sight line problem on South 4m Street Dear Kla)'ton: I want to be sure 1 have explained to you the above-referenced problems which I mentioned to you last week at our SHNA meeting. After our meeting I spent time doing some more reading about streets. The problems start with the fact the South Fourth Street is 44 feet wide. Compare that to the recommended street width in the book, Residential Streets. 31'd Edition, (which I showed you at our SHNA meeting last week) on page 25 - a width of 32 to 36 feet for a collector street. (copy of page 2S attached). . I have been complaining to the police department and to Terry Zoller and to Nile Krise) for the past several YEARS about the lack of our City's enforcement of the legal speed limit, 30 m.p.h. on my street and that this is an unsafe condition. The street width causes drivers to use unsafe speeds in the operation of their vehicles, which include small cars, SUYs, trucks of various sizes, school buses and the Metro buses. See Figure 2-14 on page 23 of Residential Streets. cited above, (copy of page 23 attached) which states, "Streets which are too wide arc unattractive and encourage unsafe speeds." I have also mentioned during some of my complaints, the problem with the sight line for cars and trucks barreling down my street toward my end of the block at an unsafe speed- those cars and trucks need a certain amount of space to stop before they hit me or my kids or any of my neighbors or their kids. If a vehicle were actually going the legal speed limit 000 m.p.h., it would need 200 feet of sight to have a safe-stopping distance. See page 31, Table 2-6 (copy attached). Most of the vehicles are over the speed limit, some up to at least 45 m.p.h. atwhich point the vehicle driver needs 360 feet for a safe-stopping distance. I assume trucks and other larger vehicles need more space to stop due to their heavier weight. I am at the point where. now that I have all this information, I do expectthe City to take traffic calming measures on my street, NOW, to address this situation. I have been brushed off repeatedly by the City and I am done being brushed off. I think the City should hire a consultant now, with its own funds, to study traffic calming on my street to . 1 - . ..:002 17:28 4309938 \yR MED rCAL PAGE . 02 " " reduce the speeds. Either the police need to truly enforce the speed limit or the City needs to do traffic calming. . Upon reflection, I do not feel it necessary for me or my neighborhood organization to raise the funds for it myself. This is a case of the City failing to perform an enforcement function, which it is under the legal duty to perform, Please can me at work at 430-8457 to discuss this situation. Yours truly, Je e M, Anderson 11 9 S. 4th St. 'Iwatcr. MN 55082 (W) (651) 430-8457 (H) (651) 439-8093 Enclosures . -2- . 01/18/02 09:07 MAGNUSON LAW FIRM NO. 363 [;102 MAGNUSON LAW FmM FYI UCENSED IN MINNESOTA AND WlSCONS1N . THE DESCH OpPle" BurU)lNG 333 NORTH MAlN S'IREbT . SUITE #202 . P.O. BOX 438 . STILLWATER, MN 55082 TGJ.EPHONfi: (651) 439-9464 . TaoCOPrER: (651) 439-5641 DAVID T. MAGNUSON MARGARET M. MURPHY January 17, 2002 Nancy Goodman, President Washington County Historical Society P.O. Box 167 Stillwater, MN 55082-0167 ~e: Boutwell Cemetery Property Dear Nancy: At its meeting of January 15, 2002, the City Council asked that I drop you a note in response to your letter of January 9th regarding the Society's offer to sell the Boutwell Cemetery site to the City. . The City would like to continu.e negotiations, however, it appears that the Society believes that there is discriminatory zoning designation for the site. We wO'l.lld like to explain. First of all, the land is in the Town of Stillwater and what you. refer to as a future zoning map is actually a Comprehensive Plan for the Orderly Annexation area. This Comprehensive Plan was developed beginning in 1995 in cooperation with landowners and the Town of Stillwater. The Comprehensive Plan is a general guide for the area and what is designated as "open space" on the Comprehensive Plan is general to an area and not specific to any parcel. When any property is annexed to the City, the zoning classification by law becomes Agricultural Preserve. Once in the City) property must be rezoned to permit development. If the proposed use is contrary to the guiding of the Comprehensive Plan, an amendment to the Comprehensive Plan is made which involves the Town of Stillwater, the Joint PIElIlIring Commission, comprised of the City and Town, and the City Council itself. Comprehensive Plan amendments must also be approved by the Metropolitan Council. For this reason, the Staff is unable to change the Comprehensive Plan as requested by the Society. Any land in the Phase IV District of the Orderly Annexation area can be considered for a11.Ilexation to the City when proposed for a specific development. A specific development plan is necessary since the City must determine whether roads and municipal sewer and water services can be feasibly provided to the site. Also flUallcial al'fangements must be made for the payment of all associated development costs. Only after all aspects of a development is worked out will the City consider annexation. I bope the explanation is helpful. . LOCATION:651 439 9464 RX TIME 01/18 '02 10:00 ~l/ Itl/~c: ~':;J:~'( MH~NUSoN LRW FIRM NO. 363 January 17,2002 Page 2 This letter will also confirm a meeting that Nile Kriesel has arranged for Tuesday, January 22, 2002 at 1:30 p.m. at City Hall. The purpose of the meeting will be to answer questions that the Society might have and to ensure that both the Society and the City have a good understanding of the interests of the other. Please fell free to contact me at any time, Yours very truly, ~~ Stillwater City Attorney DIM/nib. cc: Phil Eastwood Mayor City Council Steve Russell, Community Development Director Larry D. Hansen, City Administrator Nile L. Kriesel, Deputy Administrator LOCATION:651 439 9464 RX TIME 01/18 '02 10:00 [;11213 . . . . . . h /L- LL- )../ S- /0 1-- T.H. 36 Partnership Study Policy Advisory Committee January 9, 2002 5:30 p.m. - 9 p.m. Washington County Government Center Room 560 Summary Attendees: PAC Members: Joe Kohler (Oak Park Heights), Joe lux (Washington County), Terry Zoller (Stillwater), Gina Zeuli (Oak Park Heights), Paul Teske (Stillwater), Linda Peterson (Oak Park Heights), George Vogt (Oak Park Heights), Andy Rollwagen (Oak Park Heights), David Middleton (Stillwater), Mark Powell (Oak Park Heights), Glenna Bealka (Stillwater), Terry Poirier (Oak Park Heights), Mike Rogers (Washington County), Karl Ranum (Stillwater), Mary Ellen Huss (Oak Park Heights)1 Robert Gag (Stillwater), Dan Theisen (Washington County), Mary McComber (Oak Park Heights)1 Russell Hultman (Stillwater), Darwin Wald (Stillwater), PAC Support: Kris Danielson (Oak Park Heights), Lynne Bly (MnjDOT), Monique McKenzie (SRF), Beth Bartz (SRF), Dave Montebello (SRF), Steve Russell (Stillwater), Tod Sherman (MnjDOT), Lisa Freese (MnjDOT), Jacque Betz (MnjDOT), Others: Tom Clarke, Teresa May (Stillwater Chamber of Commerce), Ken Carlson (South Hill Neighborhood Association), Matt Deali, Jennifer Agen, Mayor David Beaudet (Oak Park Heights), Sean McDonough, Jamie Rymer (for Senator Michele Bachmann), Rep. Mark Holsten, Leonard Feely, Jan and Jerry Hartke, Steve Delapp, Jeanne Anderson. Purpose: The TH 36 Partnership study anticipates a future need to eliminate at least some of the signals at the TH 36 intersections of NorelljWashington, OakgreenjGreeley, and at Osgood. The purpose.of the study is to analyze various configurations of grade-separated or at-grade intersections and determine which options best meet local as well as state highway needs, both as long-term and as interim measures. The intention of this first PAC meeting was to: o Discuss the responsibilities of the Policy Advisory Committee (PAC) o Review past activities on TH 36 o Review current and future conditions on TH 36 and elsewhere within the study area o Review various types of intersection or interchange styles and the purpose of each o Identify key factors, issues, and priorities with respect to alternatives that should be studied Responsibilities of the PAC: To help ensure that the study accurately reflects local concerns, considerations, and consensus, the Policy Advisory Committee (PAC) will help guide the study. Through monthly meetings, beginning with this one, the PAC will be asked to identify relevant issues and po~ential alternatives, evaluate study findings, and make recommendations to the two cities, the county, and MnjDOT regarding the studied intersection designs, including any consensus regarding preferred options. The study is scheduled to be completed by June of 2002. Page 1 TH 36 Partnership Study Policy Advisory Committee January 9, 2002 Background: A TH 36 Corridor Management Plan was completed in 2001. The Plan concluded that with existing roadway conditions and anticipated growth, future modifications to frontage and parallel roads would be needed in the area ("Hybrid B/'). If the river crossing is constructed, the plan concluded that . this segment would require frontage and parallel road changes as well as removal of one signal ("Hybrid A''). Because the plan focused on improvements necessary for the trunk highway, but did not attempt to analyze local traffic impacts, further study was recommended. A more detailed analysis that includes local traffic impacts throughout a wider study area is the focus of the TH 36 Partnership Study. Lynne Bly discussed the functional classification system in the study area, and referenced the medium priority interregional corridor (IRe) status for TH 36. She noted that prior evaluations have identified many different configurations for the NorelljWashington, Greeley/Oakgreen, and Osgood intersections. Two to three dozen alternatives have been identified over the years. (Several examples were displayed on the walls of the meeting room.) Existing conditions: Beth Bartz presented SRF's existing conditions technical memorandum. Average Daily Traffic (ADT) has been estimated at 19,500 vehicles per day (vpd) to 29/200 vpd on various TH 36 segments within the study area. The average annual growth rate for traffic volumes in the TH 36 segment between TH 5 and TH 95 was documented at 2.5% between 1982 and 1998. Traffic volumes on the Stillwater Bridge, as a general representation of traffic patterns in the area, are the highest on Mondays and Fridays. Peak weekday hours on the Stillwater Bridge are between 6 to 8 a.m. and 3 to 6 p.m. On weekends the peak hours are 10 a.m. to noon, and traffic tapers off considerably after 5 p.m. A level of '~rvice analysis was conducted by SRF on 23 intersections within the study area. All intersections were operating overall at an adequate level of service (LOS "A" to "C/') but six intersections had approaches operating at "E" or worse. During peak weekday travel periods, the bridge'rises at 2:30, 4, and 5:30 p.m. If there is queued boat traffic, the bridge raises and remains up for seven to 10 minutes. When the bridge raises during the p.m. peak periodl traffic queues resulting from the bridge raising take about 30 minutes to clear. Discussion: A guest from the audience asked if there were any pedestrian or bicycle counts taken in the area. These type of counts were not takenl but bike and pedestrian traffic will be considered. George Vogt suggested that we consider studying the TH 95{rH 36 intersection in the study. Lynne Bly stated . that the Partnership Study is focused only on the Norell/Washington, Oakgreen/Greeley, and Osgood intersections, but the PAC could identify other areas that it believes should be studied in the future. Future Conditions: Kris Danielson, summarized Oak Park Heights comprehensive plan and identified several substantial new developments efforts in Oak Park Heights. These included the VSSA Boutwells Landing site which will house 700 senior citizens and employ 500 people, the conversion of the St. Croix Mall for the Anderson Office Complex, and a planned new downtown with mixed-use development. It was mentioned that access to the High school to the south will continue to be a significant concern and the frontage road system has failed. The number of crashes resulting from the frontage road design is too high. Steve Russell summarized Stillwater's comprehensive plan and current development efforts. Significant residential development is planned, especially along CR 15 and north of CR 12. Some examples are the Liberty Complex with 350 housing units, and the Legends project with 150 units. Considerable development will occur north of CR 12 with Settlers Glenn at 360 units. Expansion of the Washington County Government Center is planned. There is also a campus-type.office/PUD area planned along TH 36, just west of TH 5. Steve Russell also noted that previous plans included extension of Shelton, parallel to TH 36, and he suggested that this concept should be looked at again through this study. Beth Bartz summarized growth trends in the area. Washington County is currently 14% developed. The Washington County Comprehensive Plan estimates that by 2020, the county would be 27% developed. For 2020 without a new St. Croix River Bridge, average daily traffic on TH 36 between TH 5 and Greeley is expected to reach 34,700 vehicles per day (vpd); volume between Greeley and Osgood reaches 37,600 vpd, and from Osgood, east to TH 95, volumes reach 33,000 vpd. If the new bridge is built, these figures incease to 48,100 vpd, 51,000 Vpd' and 46,200 vpd, respectively. By 2020, the existing TH 36 . Page 2 . . . TH 36 Partnership Study Policy Advisory Committee January 9, 2002 bridge is expected to operate under congested conditions for six hours per day as compared to three hours of congestion which are experienced today. Without improvementsl the TH 36jOsgood intersection is expected to operate at LOS "E"; TH 36jWashington will be at LOS "D", as will TH 36jGreeley. The majority of the frontage roads are expected to operate at LOS "F". Discussion: Paul Teske asked about the increased growth projections in Wisconsin with the bridge. Beth stated that one analysis predicted that St. Croix County would grow by an additional 1,200-1/500 households (approximately 4,500 people) if the bridge is built. Russell Hultman stated that considerable growth is already occurring in Somerset, Wisconsin. Mark Powell stated that he would like to know how the original 20-year traffic forecasts for TH 36 compared with current volumes. Dave Montebello noted that traffic forecasts often underestimate actual growth. Intersection/Interchange Types: Dave Montebello noted that forecast traffic volumes are at a level that would either necessitate major roadway capacity and intersection modifications or that would warrant consideration of interchanges at the three study intersections. Interchanges typically double capacity, reduce emissionsl and reduce the number of traffic conflicts. These benefits come at the cost of requiring additional right-of-way, reducing sight lines to adjacent property, and increasing capital cost. Many types of interchanges were touched on - c10verleafl partial cloverleafl folded diamond, tight diamond, button hooksl and single point interchanges. Discussion: David Middleton asked about the need to alter the grade of TH 36 to accommodate an interchange. Dave Montebello stated that it could involve lowering TH 36, raising the side streets, or a combination of both in order to obtain a 22-foot grade separation. Joe Kohler expressed concern about the sight lines for adjacent businesses. Dave stated that visibility issues will be examined as the study progresses. Key Factors, Issues, and Priorities: Beth Bartz facilitated a round robin discussion to identify the factors, issuesl and priorities the Committee members felt should guide the consultant's efforts to identify potential alternatives. Each of the comments made during the round robin is summarized below. o Visibility and access from TH 361 especially for businesses. It would be useful to know what part of existing congestion problems are caused by the lift bridge. Could Iiftbridge operations remain closed during peak roadway travel times? o Evaluate effects to the supporting street network. o Evaluate effects to the intersections of Churchill with Greeley, 3rd, and 4th. As well as Orleans with 3rd and 4th. Churchill is key. o Be sure that we adequately accommodate bike and pedestrian traffic safely. o Fully consider the neighborhood impacts. Access should be improved between Oak Park.Heights and Stillwater. Increases in highway speed should not be at the expense of the communities. o Don't cut off Greeley and divert that traffic to other intersections. As traffic in the area increases, the remaining intersections would be overloaded. One alternative should be a low speed parkway design for TH 36. o Consider the effects of diverting traffic to collectors. What would be the "normal" cycle for maintenance and minor improvements on TH 36 during this period of time? o Be sure to look at the circulation of traffic in the greater community. o Consider making TH 36 a slower thoroughfare. o Consider the impacts on the neighborhoods and how the alternatives will impact the operation of the frontage roads. How will the frontage roads be better connected? This system is currently a mess. If LOS "F" is the right term, these are very F. Page 3 TH 36 Partnership Study Policy Advisory Committee January 9, 2002 D Make sure that access to the hospital and for emergency vehicles is not compromised. Knowing the highway design will help determine land use. Providing improved frontage or backage roads may be a logical option. . D Heading south on Greeley and taking a left on the frontage roads is confusing. This area needs reflectors and improved striping at a minimum. There is no lighting and it's dangerous. D . The frontage roads are so bad that people are currently diverting onto the local streets to avoid the frontage roads entirely. The proposed improvement needs to make the frontage roads more desirable. Traffic is traveling too fast on TH 36. D Don't sacrifice the function of the County Roads so that TH 36 operates better. Priorities for minimizing operations of other roads should mostly follow functional class. D Improve access to the hospital, address diversionary traffic,. and preserve the local streets that have deteriorated due to motorists diverting from TH 36. D Don't neglect the frontage roads - there are significant safety problems on them. Striping needs to be improved on the frontage roads, especially on 4th Street headed south. A sign is needed for traffic to stay on the right-hand side. Short-term solutions should be considered too. D Traffic flow on Osgood is a concern. Look at a parkWay design and slower speeds for TH 36. Fi~ure out who we're trying to accommodate and determine how. D Clearly show the do nothing alternative. We won't really be able to get much done unless the analysis shows that the future situation will be severe enough that we agree that something must be done. D Would the intersection designs developed in 1993 still work? (If not, why - what's changed?) We need to have longer flashing lights warning that the upcoming signal is, or will be turning, red. Possibly do away with the right turn on red. Many accidents occur on TH 36 when motorists turn right on red. Consider a parkway look with plantings. If grade separation is needed, consider . keeping existing grades for TH 36 and depressing cross streets (that would help keep business . visibility) . D Handicapped people need better access across Washington Street. The frontage roads need to be more user friendly. There are just too many signs. Shepherd Road is a good example of a well designed parkway. D Safety is a particular concern. We also need to strongly show the impacts of the no build alternative. o Greeley is a dark street and it's difficult to turn there. Do not close Greeley, ambulances frequently need to cross TH 36 at Greeley. Traffic is traveling too fast on TH 36. People don't respect the posted speed. Next Meeting: At the next meeting SRF will recommend several alternatives for the PAC's consideration. Their recommendations will be based on future land use, traffic, and the key issues, factors, and priorities the PAC identified at tonight's meeting. Draft evaluation criteria will also be presented to the PAC at the meeting on February 13, 2002. . Page 4 . . . TH36 Partnership Study Data Clarifications Needed January 30, 2002 Clarification of Land Use Classifications Some of these questions might be answered by zoning code definitions. 1) Oak Park Heights, re Highway BusinessIWarehouse district. What is the proportion of commercial use to warehouse or light industrial uses at Kern Center? 2) Oak Park Heights, re Industrial district- is this intended to allow general manufacturing not light industrial uses? 3) Stillwater, re Business Park Office versus Business Park Commercial: what is quantitative or qualitative difference? Retail in the Business Park Office permitted? SRF Consulting Group Inc 1 TH 36 IRC Partnership Study: Alternative Evaluation Criteria J 30 2002 SRF N 0014088 anuary , o. Preliminary Criteria Criteria Levell Used to select 6 alternatives Used to select 3 out of6 alternatives Transportation Meets minimum Met Council criteria for a Meets minimum Met Council criteria for a Principal Arterial (Urban- Principal Arterial (Urban-Freeway or Urban- Freeway or Urban-Other) O~e~ - Ability to accommodate forecast volumes for TH 36 Accommodates minimum spacing need for Accommodates minimum spacing need for interchange types interchange types Provides a range of at-grade and grade-separated alternatives for consideration Is flexible enough to provide for future expansion if determined necessary (e.g. new river crossing or increased volumes due to surrounding development) In concept, appears to be physically feasible In concept, appears to be physically feasible Allows greater separation of mainline and frontage road intersections Addresses vehicular, pedestrian and bicycle safety concerns Potential impacts to diversion routes Bike/Pedestrian Appears to accommodate existing and planned trail systems Allows opportunity for improved bike and pedestrian crossings Land Use Provides access to key community facilities: Provides access to key community facilities: - Lakeview Hospital - Lakeview Hospital - Stillwater Marketplace - Stillwater Marketplace Planned Oak Park Heiahts CBD - Planned Oak Park Heiahts CBD Accommodates cities' long term land use plans . Effects to location and benefit of frontage road Community Visual quality as a gateway to Stillwater and Oak Park Heights Character Affects to character of land uses immediately adjacent to TH 36 corridor Ability of frontage road system to meet local needs Implementation Project cost ("order of magnitude" cost estimate) Impacts to local share of costs . . . JZ'~ >l~~ 7'7 ( DRAFT Memo - for discussion only . To be presented at February 13 PAC meeting Ptp47'V/'-\. To: Lynne Bly, MnlDOT TH 36 IRC Partnership Study Policy Advisory Committee From: Beth Bartz, Senior Associate Dave Montebello, Principal Date: January 30, 2002 Re: TH 36 IRC Partnership Study Development of alternatives The following memo summarizes the range of alternatives considered for this study and recommends 6 alternatives to be camed forward for further evaluation. The memo also discusses evaluation criteria and evaluates the 6 recommended alternatives against those criteria. At-grade Alternatives . Three at-grade alternatives were identified during our initial reVIew of possible alternatives for this study: 1. Preserve 3 at-grade intersections: SDEIS "pulled back frontage road" alternative and TH 36 CMP Hybrid A (no new river crossing) recommendation. Frontage roads would be "pulled back" or away from TH 36 at all three intersections. Frontage road segments between these intersections could remain in existing locations or be relocated to accommodate future land use plans. 2. 2 at-grade intersections with 1 overpass/underpass: TH 36 CMP Hybrid B recommendation. Due to the availability of access at TH 5, the quality of frontage roads between TH 5 and Norell-Washington, and the location of community facilities and density of land uses at Greeley and Osgood, Norell-Washington appears to be the best candidate for an overpass/underpass. Frontage road intersections would be "pulled back" at Osgood and Oakgreen-Greeley. as discussed above. Frontage road intersections with Norell-Washington would need to be located to accommodate bridge length, but otherwise would have more flexibility, 3. 4-lane 45 mph Parkway: A potential variation of either option 1 or 2 above, including either 2 or 3 at-grade intersections. Roadway design would include measures to slow speed as well as posting at 45 mph. . jJbti6{ ( /1;1$ I; The transportation performance of all of the above alternatives could be enhanced with following measures: · Strategic prohibition of left-turns . · Expansion of TH 36 to 6 lanes · Provision of a complete east-west collector between TH 5 and Osgood both north and south of TH 36 Interchange Alternatives Seven interchange (grade-separated) alternatives were also identified during our initial reVIew: 4. Interchanges at all 3 access locations: Due to the close proximity of these intersections, this alternative does not appear to be physically feasible. We do not recommend that this alternative be moved forward. 5. Interchanges at 2 access locations: Due to the close proximity of intersections, and elevation changes east of Osgood, this alternative is physically challenging, but is possibly feasible with bridged ramps. This alternative would likelyrequire a waiver of Met Council access spacing guidelines. Specific interchange types would depend on locations selected. ro~ s, kM- bJ" }f 6. Single Interchange at Oakgreen-Greeley, Overpasses at Norell-Washington and Osgood: If only one interchange is to be provided in this segment of TH 36, Oakgreen-Greeley appears to be the most appropriate location due to spacing with TH 5 and TH 95 interchanges, and proximity to key community facilities. A variety of interchange types could be accommodated including a diamond, compressed diamond or single-point. Frontage road intersections with Oakgreen and Greeley would need to be moved further away from TH 36 depending on interchange type. Overpass conditions at Norell-Washington and Osgood would allow greater flexibility in frontage road locations. Depression of the local streets instead of mainline would be a possibility. . 7. Button-hook design (2 access points): This alternative provides access to frontage roads just west of Osgood and just east of Norell-Washington. Frontage roads would be relocated to provide for ramps. Overpasses would be provided at Osgood, Oakgreen-Greeley and Norell-Washington. 8. Split interchange at Osgood and Norell-Washington with Overpass at Greeley: East-bound access to TH36 and west-bound access from TH 36 would be provided at Osgood, perhaps with "folded" loops due to grade change east of Osgood. West-bound access toTH 36 and east-bound access from TH 36 would be provided at Norell-Washington. Two-way frontage roads would "connect" the separated ramps. An overpass would be provided at Oakgreen-Greeley. . . . . 9. 4S mph Parkway with Interchanges: A variation on all of the above concepts. Roadway design would include measures to slow speed as well as posting at 45 mph. Recommended Six Alternatives for Further Evaluation The following six alternatives are recommended for further evaluation. These six were chosen for physical feasibility and their ability to provide a representative range of alternatives for evaluation. 3 at-grade intersections, pulled back frontage roads and 6 lanes V" * . At-gr~de intersections at Oakg~een-Greeley and Osgood, ~vef}Jass a~ t--/ Washmgton. -., y------------ At-grade arkwa, 4-lanes, 45 mph. /*? Single in an e at Oakgreen-Greeley, Overpasses at Norell-Washington,-:X Osgood ;.-~ /2-h . 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OF Tf',~r; Minnesota Department of Transportation Transportation Building 395 John Ireland Boulevard Saint Paul, Minnesota 55155-1899 [g @ ~_D:C\ JAM 3 I 2IJI ~ I ~ January 25, 2002 The Honorable Jay Kimble Mayor - City of Stillwater 216 North 4th Stillwater, MN 55082 Dear Mayor Kimble: As you know late last year the U.S. Institute for Environmental Conflict Resolution completed its review of the issues related to the St. Croix River crossing. The conflict assessment identified the outstanding issues related to the project and outlined a process for resolution of the issues. The Institute's primary recommendation is the separation of the outstanding issues related to the Lift Bridge from those related to the New Bridge. By separating the issues concerning the two bridges into two coordinated but distinctive processes, it is hoped that decision-makers and all affected parties can focus on the specific issues in a more effective manner. As an example, the issues related to the mitigation package and the disposition of the Lift Bridge should be dealt with independent of the New Bridge issues. . The two DOT's have asked the U.S. DOT and the U.S. Dept. of Interior to review the mitigation requirements and to provide guidance and direction to the natural resources and historic preservation agencies that will be determining the future of the Lift Bridge. MnlDOT has embraced the Institutes identified resolution process and is willing to work with the Wisconsin Department of Transportation and other parties identified by the Institute in an effort to move forward with the project. However, we will not commit additional staff time or resources to this effort unless there is a formal agreement on the part of all parties to implement the process recommended by the Institute's report. It is our view that concurrence with the identified process is crucial in moving forward and resolving the hard issues that remain. The Institute has created the road map for us; it is our obligation to once and for all make the hard decisions related to the project. Your support for the Institute's conflict resolution process is critical. I appreciate the hard work that has taken place to date and look forward to your response. An equal opportunity employer r illwater '~ ~ - ~~ THE BIRTHPLACE OF MINNESOTA J . Downtown Parking Commission Thursday, February 7, 2002 8:30 a.m. City Council Chambers Agenda Items 1. Audit discussion - Tom Koop 2. Maple Island Lot 3. Committee Structure 4. Other Items. . . CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 651-430-8800 . HERITAGE PRESERVATION COMMISSION HERITAGE PRESERVATION MEETING NOTICE THE STILLWATER HERITAGE PRESERVATION COMMISSION WILL MEET MONDAY, FEBRUARY 4,2002 7:00 P.M. CITY COUNCIL CHAMBERS CITY HALL 216 NORTH FOURTH STREET AGENDA Approval of the January 7, 2002 minutes. . 1. Case No. SUP/DRJ02-03. Design review of used car lot at 1200 West Frontage Road. David Nowacki, applicant. 2. Case No. DEM/02-01. Demolition request for 323 Sixth Street South, John Bailey, applicant. 3. Case No. DRJ02-03. Design review of exterior sign, NSKM Financial Services, LLC at 222 Commercial Street. Other items: a. Update on Territorial PrisonlSHPO meeting - Howard Lieberman b. Discussion on proposed banners for Downtown area. c. Sutler's expansion. d. Annual HPC awards. e. Revisions to the approved plans at 410 South Main Street (old Vittorio's building). . r illwater ~ --- ~ ~ ~ THE BIRTHPLACE OF MINNESOTA J . PLANNING COMMISSION CITY OF STILLWATER NOTICE OF MEETING The Stillwater Planning Commission will meet on Monday, February 11, 2002 at 7 p.m. in the Council Chambers of Stillwater City Hall, 216 North Fourth Street. ' Approval of Minutes of January 14, 2002 AGENDA Public Hearings - 7 p.m. 1. Case No. SUB/02-03. A resubdivision of Lots 5 and 6, Blk 2 Wilson's Addition into two lots Lot 5 - 8,745 square feet and Lot 6 - 7,500 square feet located at 323 6th Avenue South in the RB, Two Family Residential District. Thomas A Suttle, applicant. 2. Case No. SUB/02-04. A final plat approval for a 21 lot subdivision Liberty on the Lake, The Woodlands. Contractor Property Developers Co., Homer Tompkins, applicant. . 3. Case No. V/02-05. A variance to the lot size (10,000 square feet required, 7,500 square feet requested) for construction of a single family residence on existing lot at South Center Street in the RA, Single Family Residential District. Gary K. Tauer, applicant. Other Items. -South of Boutwell Area Plan existing conditions. -Annual review of the Andiamo Use Permit . CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 . . . AERIE networks Morton C. Aaronson President, Chief Executive Officer Aerie Networks,.lnc. 1400 Glenarm Place Denver, Colorado 80202 303-572-1082 office /303-572-1300 fax maaronson@aerienetworks.com January 28, 2002 Mayor Jay Kimble Stillwater City Adm 216 4th Street North Stillwater MN 55082-4807 Re: Activation of the Ricochet Wireless Network in Stillwater (MIN) Dear Mayor Jay Kimble, I would like to introduce our company Ricochet Networks, Inc. (www.ricochet.com). provide context for the events involving our recently acquired Ricochetâ„¢ wireless broadband network and to articulate a vision for your city and the Ricochet network. We have a unique opportunity to help you to bridge the digital divide and bring high-speed Internet access to every neighborhood in your city, Ricochet Networks (RNI) is a subsidiary of Aerie Networks, Inc., a privately held, broadband network services comp~~ based in Denver. On November 7, 2001, RNI acquired the Ricochet assets and intellectual prop,rty from bankrupt Metricom, Inc, As a conseqUenC~f the Metricom bankruptcy, you were left with Ricochet agreements and leases that Metricom could n perform, accounts receivable, claims and/or other liabilities. The bankruptcy court orders allowed Met 'com to abandon the equipment on your pole tops, buildings or towers and to reject the agreements or leases that it had with you. The good news is that we want to turn your liability into an asset. However, this will take time. We need your cooperation and ask for your patience. Ricochet's patented Micro Cellular Data Network technology provides simple, fast, broadband access that can facilitate better public safety, increased access to information, and contribute toward more efficient local government. With a design speed of 128 kbps, Ricochet offers wireless, high speed Intemet access at speeds over 175 kbps. Ricochet operates from an easy-to-use desktop modem or a PC modem card. Ricochet is supported by a group of loyal and interested former subscribers in your area. It is our vision for Stillwater to become our partner and, together, to enable the development of an affordable broadband connectivity solution in to the greater Stillwater area. Stillwater could become the anchor tenant for the Ricochet network. Ricochet would also provide access to schools, hospitals, police and fire stations and deep into residential and underserved neighborhoods that your local phone company either cannot or will not serve. The Ricochet network provided wireless Internet access for laptops and handheld devices for the City of New York, FEMA, the Red Cross, FDNY, NYPD and others agencies in the disaster recovery efforts following September 11. This temporary operation of the Ricochet network provided a critical AERIE ~ ---~ . networks Morton C. Aaronson President, Chief Executive Officer Aerie Networks, Inc. 1400 Glenarm Place Denver, Colorado 80202 303-572-1082 office /303-572-1300 fax maaronson@aerienetworks.com . Page 2 January 28, 2002 communications service transmitting net conferences, building plans, medical and dental records, death certificates, photography and images. The Ricochet network supported 1,000 rescue and emergency personnel through mid-November. We have assigned a single contact person for each market with whom you can work directly regarding Ricochet network infrastructure development, partnership opportunities and service availability. The attached Market Profile sheet identifies your contact person. We are also writing the former network equipment contact person in your town that was identified in Metricom's records. We know that to be successful, we must make your participation politically and financially rewarding and convenient to manage. Aerie Networks has the experience, know how and financial backing to succeed and is devoting its resources to making Ricochet a leader in providing affordable, wireless broadband access. We look forward to the opportunity to work with you. Sincerely, . Morton C. Aaronson, President & Chief Executive Officer Encl: Market Profile . . . . www.ricochet.com MARKET PROFilE MINNEAPOLIS/ST. PAUL Market Demographics 2.9 million total population < 62% home PC penetration < 38.1 % home Internet penetration < Network Infrastructure 77 Wired Access Points < 2,743 Pole Top Radios < Network Coverage 1.8 million total population < 62.7% of total population < 690,000 PC households/businesses < CONTACT Network Infrastructure Steve Falk (303) 542-1247 sfalk@ricochet.com Market Partnerships Greg Englerth (303) 542-1264 genglerth@ricochet.can General Information info@ricochet.com Copyright 2002 Ricochet Networks, Inc. R I C 0 C H E T NET W 0 R K S, INC. A subsidiary of Aerie Networks, Inc. MSA > MIN MARKET ANATOMY Ricochet Networks > Provides network facilities, operations, provisioning and maintenance > Operates, maintains, removes, reattaches, reinstalls, relocates, repairs and/or replaces Pole Top Radios (PTRs) on light poles or towers and Wired Access Points (WAPs) on rooftops > Sells subscriptions and services through Affiliate, Market and Channel partners Utilities > Provide pole top sites for PTRs and/or rooftop sites for WAPs > Supply electric power to PTRs and/or WAPs > Exchange for services and/or graduated rent Municipalities > Provide pole top sites for PTRs and/or rooftop sites for WAPs > Provide Right Of Way access to network infrastructure, where needed > Exchange for services and/or graduated rent WAP Site Owners > Provide sites for WAPs > Exchange for services and/or graduated rent Affiliate, Market and Channel Partners > Own and/or operate network in select markets > Sell subscriptions and services > Share in costs md/or revenue > Market exclusivity and/or performance guarantees MARKET APPROACH In each market Ricochet Networks enters into business arrangements with local municipalities, utilities and private landlords covering network infrastructure. We also enter into agreements with local service providers to market Ricochet services. Business structure options include: > Exchange of network services for all or part of rent payments > Simple rent arrangement with graduated and/or deferred rent payments that track growth in network sulJ5criptions. Ricochet provides estimated breakeven analysis to municipalities, utilities and private landlords for consideration > Affiliates, market and channel partnerships with options to: owns & operate network; cost share, revenue share and/or earn comm issions; commit to revenue performance guarantees; provide customer acquisition and retention; and/or gain market exclusivity. GREATER STILLWATER Chamber of Commerce P.O. Box 516, 201 S. Main Street. Stillwater, MN 55082 Phone:(651) 439-4001/(651) 439-7700 . Fax:(651) 439-4035 . www.llovestillwater.com Bayport . Lake13Jmi:A:~ Oak Parle Hei9~ts . Stillwater "Working Together...Makes It Happen!" IIHaving Fun Together... Will Sea Happening!" Tuesday, February 5,2001 River Valley Catering 3712 Layton Avenue Lake Elmo 5:30pm to 8:30pm All members of the Greater Stillwater Chamber of Commerce are invited to attend an evening of vision and networking at the First Annual Meeting of the Organization. Come meet newly elected President Mike Schonover who will announce the goals of the chamber for the coming year. Network with other members of your Chamber while enjoying complimentary hors d'oeuvres. Be sure to bring business cards, one for the prize barrel - you must be present to win - and to exchange with other members. Please RSVP the Chamber office, 651/439-4001, by Thursdav. January 31st if you plan to attend. . . . JAN-18-2002 10:25 ~.IdO::::/Id.) C lTY OF OPH CITY OF OAK PARK HEIGHTS TUESDAY, JANUARY 22, 2002 CITY COUNCIL MEETING AGENDA 7:00 P.M. .~:OOp.m. call to OrderlPled~e of Allegiance/Approval of Agenda 1. Department/Council Liaison Reports A. planning Commission B. Parks Commission C. Cable Commission D. WateX' Management Organizations E. Other Liaison/Staff reports II. 7 :05 p.m. Visitors/Public Comment III. 7:10 p.m. Visitors - Bruce Drieier, Metropolitan Councll -.,~ Recycling Award (1) This is an opporlunily for the public to tlddteee the Council with queetion6 or concerns on issues not part of the regular agonrh. (Pleafle limit comments to 3 minutes in length.) Consent A~enda (Roll Call Vate) 7:10 p.m. IV. Approve Bills & Investments Approve City Council Meeting Minutes - December 27,2001(2) Approve City Council Meeting Minutes - January 8,2002 (3) Approve Tree Pruning Quotes (4) Approve Purchase of 2 Computers (5) Approve Sign Ordinance Review (6) Approve Pari: Time Temporary Employee (7) Approve Purchase of Police Vehicle (8) Approve Application of Whitetails Unlimited. to Conduct a One Day Raffle (9) Receive DraH of Town of Baytown Comprehensive Plan Amendment (10) A. B. c. D. E. F. G. H. 1. J. . puhlic Hearings 7:15 p.m. V. None New Busi.ness 7:15 p.m. VI. Rou,tson Motors Sign Variance (11) Arby's Sign Variance (12) Government Training Services Opportunities (13) St. Croix valley Community Backyard Compost Bin Distri1ution Event (14) A. B. C. D. . RX TIME 01/18 '02 11:00 LOCATI ON: JHN-1~-d~~2 10:26 CITY OF OPH P.03/03 7:45 p.m. VII. Old Business A. River Hills Retention. Pond (15) B. CDBG Housing Proposal (16) C. Enforcement of Ordinance 1109, 1301 and Portions of 401 (17) 8:05 p.m. VIII. Adioumment . Social gathmn9 at Josap/"'s Family Restaurant t%llow -.~ . . LOCATION: RX TIME 0i/18'02 11 :00 TOTRL P.03 . . . Chair: Call To Order Agenda: Minutes: Treasurer: Attorney: Planner: Engineer: Clerk: Cmnmittees: People: 8:00 PM Old Business: New Business: Adjmn:n. Notes: Stillwater Township January 24, 2002 Laabs 7:00 p.m. Regular Meeting, Stillwater TownHall Adopt Approve Minutes: January 10,2002 Regular Town Board Meeting QUARRY ROAD HEARING 1. Claims & Checks 1. Workers Comp Insurance 2. 1. 1. 1. Address Problems 1. Park Report 2. County Water Governance Update 3. County Planning/Zoning Meeting Update 1. 1. Town Hall Issues 1. 01/19/2002 Pat BantH January 10, 2002 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson Duane Laabs, Supervisors Jim Doriott, David Johnson, Sheila-Marie Untiedt and Ken LaBoda. Also, Planner Meg McMonigal, Attorney Tom Scott and Peace Officer Steve Nelson. . 1. AGENDA - M/S/P LaBoda/Untiedt moved to adopt the agenda as amended. (4 ayes) 2. MINUTES - M/S/P Untiedt/LaBoda moved to approve the 12/13/01 Stillwater town board meeting minutes as written. (4 ayes) David Johnson arrived. 3. JOHANSSON VARIANCE HEARING - Planner McMonigal presented the variance request. Mr. and Mrs. Johansson wish to place an out building on their property that due to the uniqueness of the land does not meet the shoreland zoning requirements of 200 feet. The placement they are requesting would make the building less visible and in a better location relative to their dwelling. Mr. Johansson spoke to the above issues. Residents McDonald, Koch and Mabhison were present. Mr. Koch was in agreement. Mr. Mathison was not. A letter from Mr. Reiser supported the variance. Lighting was of a concern. The Johanssons plan to have a metal building the same color as the house and add to the trees and plantingsto area around the building. Hearing closed around 7:17 p.m. M/S/P Johnson/LaBoda moved to approve the Johansson's variance request per the planner's recommendation of January 3, 2002. (5 ayes) . The Johanssons must adhere to the county's lighting ordinance. M/S/P Johnson/LaBoda moved to approve the location of the building being closer to the road than the house. The spirit of ordinance in this instance must be adhered to such that the building be of the same color as the house and that there is screening. (5 ayes) 4. TREASURER- 1. Checks #15579 thru #15599 were approved for payment. 2. M/S/P Untiedt/Doriott moved to continue with Firstar as the township's financial depository. (5 ayes) 3. M/S/P LaBoda/Untiedt moved to approve revised.2001 budget changes as presented per the treasurer's request. (5 ayes) 4. M/S/P LaBoda/Untiedt moved to approve revised 2002 budget changes as presented per the treasurer's request. (5 ayes) 5. M/S/P LaBoda/Doriott moved to approve a transfer of $125,500.00 from the road and bridge fund to the future road maintenance fund for the budget year 2001. (5 ayes) 5. DANGEROUS DOG DETERMINATION SITUATION - It is alleged that a dog owned by the Johnsons at 9042 Norell Avenue North killed chickenS owned by the Amersons at 9294 Norell Avenue North. There has been confusion re: the dangerous dog designation. The Johnsons are now doing everything they can to keep the dog contained although they are not sure their dog was at fault. M/S/P Untiedt/Johnson moved to suspend the dangerous dog determination ~ for the Johnson's dog resulting from an incident occurring on October 2001 Stillwater Town Board Meeting - 1/10/02 Page Two and based on the peace officer monitoring the situation March 1, 2002 and October 1, 2002. (5 ayes) 6. . PEACE OFFICER - 1. The supervisors picked out a non-discrimination poster that must be posted in the town hall. 2. Expressed that things have been quiet this past month. 7. HAULERS 2002 LICENSES - Waste Management and Maroneys have complied with the requirements for renewal of their 2002 hauling and recycling licenses in Stillwater Township. 8. RALEIGH MINING PERMIT RENEWAL. - Mike Raleigh was present to pay the yearly fee for the mining permit ($100.00) and update his bond. The liability insurance policy will be sent to us when it is renewed in February. M/S/P LaBoda/Johnson moved to renew the Raleigh's annual min~ng permit for 2002. (5 ayes) 9. MAYFIELD COURT SIGN - A sign vendor is being sought. The sign will be put up as soon as it can be made. 10. OPEN SPACE ORDINANCE #126 - M/S/P LaBoda/Doriott moved to publish a summary of the open space ordinance #126. (5 ayes) 11. MARINE WMO - David Johnson spoke about the meeting he attended in December. He was impressed with the work being accomplished with a limited budget. Supervisors will attend a meeting with the county on January 15, re: water governance. ~12. TOWN HALL ISSUES - 1. M/S/P Johnson/Doriott moved to pay $1,865.33 to have a flag pole installed. (a change from $1,600.00 previously allocated.) (5 ayes) 2. Supervisors want to review the Simonet bill for carpet/linoleum which was 3 times the original estimate. 3. A bid of $4,000.00 for gutters has been received. The clerk will get another bid. 4. The metal railings started rusting right after they were installed. The contractor will be notified again. 5. The alarm system for the holding tank is almost finished. The electrician is to do his part in the very near future. 6. Additional furniture such as chairs and tables will be investigated with a supply outfit. The clerk will meet with a representative. 7. The electrician will be notified to electrify the podium. 8. The issue of paving the parking lot was brought up again for the spring. 13. ADJOURNMENT - Meeting adjourned at 10:00 p.m. Clerk Chairperson . Approved January 24, 2002 STILLWATER TOWN BOARD MEETING Town Hall 7:00 p. PRESENT: Chairperson Duane Laabs, Supervisors David Johnson, Sheila-Marie Untiedt, Ken LaBoda and Jim Doriott. Also, Engineer Paul Pearson, Planner Meg McMonigal, Attorney Tom Scott and Recording Clerk Kathy Schmoeckel. 1. AGENDA - M/S/P LaBoda/Untiedt moved to adopt the agenda as amended. (5 ayes) 2. MINUTES - M/S/P Untiedt/LaBoda moved to approve the 1/10/02 Stillwater town board meeting minutes as written. (5 ayes) QUARRY ROAD HEARING 7:05 p.m. - 8:25 p.m. (minutes attached) 3. JOHANSSON VARIANCE ~ M/S/P Untiedt/LaBoda moved that the chair and clerk sign \he Johansson Variance as presented by the attorney. (5 ayes) 4. TREASURER- 1. Property Tax and Levy Adjustment - M/S/P Johnson/LaBoda moved that per Treasurer Erickson's request an increase in the 2003 proposed levy of $24,500.00 be made. The following will be the updated 2003 budget and levy proposal: Budget Levy . General Fund $301,285 $287,333 _ Road and Bridge Fund $266,710 $225,165 1997 Road Bond Fund ~. 63,489 $ 61,134 Totals $631,484 $573,632 (5 ayes) 2. Checks and Claims - Checks #15600 thru #15625 were approved for payment. 5. WASHINGTON COUNTY COMMUNICATION - Meg McMonigal will forwa.rd a letter in tesponse to ~he county's request for more infor~ation re: issues in the letter of 1/22/02 that were brought up at a recent county/township meeting dealing with planning and zoning. The chair will ~rite a l~tterto the county board expressing disappointment that the townships were not able to have further input re: representation on the county planning commission. 6. OTCHIPWE TRAILS - Jerry Hicks expressed concern about excavating going on. Engineer Pearson will look into the matter. A report will be forthcoming at the next meeting. M/S/P Johnson/Untiedt moved to approve a reduction of $93,750.00 for the Otchipwe Hills letter of credit. (3 ayes, Laabs/Doriott nays) 7. ADDRESS CHANGES - A request has been made to change 114th Street Court North to Ozmund Avenue North. The clerk will verify that everyone effect. has been notified. Stillwater Town Board Meeting - 1/24/02 Page Two A letter will go to the Albrechts stating that they were given the incorrect house number of 15171 113th Street. They will be asked to consider changing .,their house number to 15140. There is a safety issue involved which concerns the supervisors. 8. PARK REPORT - Sheila-Marie Untiedt reported that upgrade plans for Otto Berg Park are in process. 9. MARINE WMO - David Johnson reported that there was talk about the WMO budget. The township share will. be about $1,500.00 - $1,700.00 for 2002. 10. TOWN HALL ISSUES - . 1. More chairs were available to try. 2. The clerk is to work with Chuck re: town hall furniture. 3. The gutter bids will be dealt with at the next meeting. 11. QUARRY ROAD - The Quarry Road situation will not be on the agenda again until February 28. Concerned residents will be notified. 12. ADJOURNMENT - Meeting adjourned at 10:15 p.m. -"j Clerk . Chairperson Approved . STILLWATER TOWN BOARD MEETING PUBLIC HEARING - QUARRY ROAD VACATION -1/24/02 Pursuant to notice in the Stillwater Gazette and to surrounding property owners, a public hearing . was held to discuss a possible vacation of a portion of Quarry Road. Made a part of the record are the names and addresses of attendees (15) at the hearing. Chairperson Duane Laabs opened the public hearing at 7:05 p.m. Attorney Tom Scott outlined the issues under consideration with respect to the right of way from Quarry Avenue to Arcola Trail. He reviewed the options available to theTown Board - do nothing, vacate the entire right of way, or vacate a portion of the right of way and retain a portion of the right of way. Engineer Paul Pearson presented a drawing of the area under consideration. His firm had done a survey to locate the existing "trail corridor" that iscurrentIy being used from Quarry Avenue to Arcola Trail North. The trail does meander from the existing section line. There are existing driveways along this corridor and those have been located also. Research had been done to determine that this road had been used in the past as an old state highway corridor. When the highway was moved, the corridor was used for non vehicular traffic. Tom Scott explained'ihat he found that no underlying easement was ever recorded. However, by statute, if a road is used for 6 years, then it is as if an easement exists which only goes away if the Town Board should decide to vacate it. There were questions and comments from those present. · Ann Bergman Ewing - Is a "right of way" and "easement" the same thing? Tom Scott _ · ie: Rydeen - Does Highway 95 go across 110" Street right through the house that is . there? Paul Pearson - He had photographic information that dates back to 1938, 1953 and 1957 which does, identify the roadway alignment. As to where the old state roadway was located, he Is not aware of maps as that is from the 1920s. The current alignment shown on the survey is as was used as late as 1957. Rydeen - How did the north part of the trail just go away? The natural continuation goes into the house. Duane Laabs - We are focusing here on the Quarry connection to Arcola Trail. Rydeen - You should be consistent on handling the north end as well as the south end. Tom Scott - We have not researched that area. · Charles Arneson (attorney representing Everett Myers who owns property on the trail) _ submitted an amended legal description [BE IT RESOLVED that Stillwater Township vacates all of the public right of way existing between. the current Southern terminus of Quarry Avenue located on the North lines of the SE ~ of Section 10 and the SW ~ of Section II, South to Arcola Trail North.] for consideration. · Gerry Larson - asked for clarification as to whether the Township currently has the right of way. Laabs - Yes, that is what we are considering here. · Dan Ewing - Has the ownership of the right of way ever been challenged? Scott - It is based on use and maintenance for a 6 year period of time. · Gerry Larson - What does the term "maintenance' mean? Scott - It can be very minimal. We are not here to make a determination of the 6 year use and maintenance issue. We do have the right of way and we are here to determine if the Township wishes to vacate. . . . . Quarry Road Hearing - 10/24/02 Page 2 . Ann Bergman-Ewing - Ifthe right of way is vacated, then what happens to the current driveways that are there? Scott - If the Town Board decides to vacate the entire right of way, then they could maintain a portion on the southern end and permit driveways to continue. This shouldn't impact the driveways regardless of what is done tonight. Jean Rydeen - She had seen a township map showing a proposed trail here. David Johnson - He does not know what specific document she is referring to, but the Township has identified a "wish list" if the they had the opportunity to acquire a right of way where trails could go to link other trails or roadways in the event of future subdivision. There has been no discussion with respect to this most recent consideration. Laabs - We have learned a lot by having Paul Pearson and Tom Scott research this subject. Tim Kelly - (attorney representing Marr and Shellie Haack) had a map identifying the proposed trail which he presented to the Board. Laabs - This particular proceeding is not based on the trail system. Kelly - He has spoken to Attorney Scott. He believes maintenance has to be appropriate for the roadway. Their position is that this road has not been established by use. Previous owners had commented to them there has not been any maintenance. There is no record in Washington County. The Haacks are concerned about their privacy. This trail goes along their property. The Haacks presented a petition fr6m their neighbors asking the Board to vacate and they also had a letter from neighbors Kirsten and Ronald Johnson addressing the issues of legality and privacy. Bergman-Ewing - She had signed the petition and at that time the concept of a path had not been considered. What does a "path" mean? Scott - Thetrail can be whatever the Township wants it to be. It does not necessarily have to be what the standard trail is. Pearson - The standard trail in the Township is crushed lime aggregate, 8 feet in width. Ray Marshall- (attorney representing the Dockstetters) Is the vacation petition from the Township or a property owner? Scott - the Township. Marshall- They would prefer the road remain as it is and not be vacated. Bergman-Ewing - Is a typical trail publicized and would it be used more? Laabs - That would be the case. Bergman-Ewing - Ifit is not vacated and maintained as a trail, can it become a roadway again? Johnson - Ifwe keep the right of way, it could become a roadway. Eileen Sexton - The last questions are important in terms of future development. What kind of trail would more likely be developed asa road in the future. Pearson - Trails within subdivisions have generally been improved to Township standards. Some are merely walking paths. The Park Committee does look at trail conditions and maintenance and improvement issues and give suggestions to the Town Board. Ewing - The purpose of this hearing is get people's feeling about the issues. If the trail is improved to allow increased usage, there may be parking issues. He is not in favor of improving the trail to attract the outside. Now it is a simple walk through the woods. He is most concerned about the status of his driveway. Marshall- If the Town Board chooses to vacate only a portio~ then there would be a potential title problem for property owners to the east and west. Scott - He hopes we are making things clearer. Ifthere is a vacatio~ everything except a 20 foot strip should be clean. Bergman-Ewing - Would the Town Board consider a less improved trail. Laabs - The Park Committee would make a recommendation. Sheila Marie Untiedt - The kind of . . . . . . . . . . Quarry Road Hearing -10/24/02 Page 3 . trail is not being determined this evening. Bergman-Ewing - Does the Park Committee receive input from the neighborhood? Untiedt - Yes. Ewing - Can the Board determine the status of a certain piece oflandwithout the Park Committee? Johnson - If the Township determines they would retain a trail corridor, the decision of this Board would be thedecision ofthis Board only. We were asked for clarification as to whether a property owner had a right or not. We asked our attorney to make his recommendation and he believes the Township has rights here because of previous usage. There is a trail and a certain amount of public utilization of that trail. There has been no discussion as to what form the trail would take. Most Township trails do not just go in a straight line. In tenns of improving this trail, he does not see that for now, but in the future, that potential is there. Bergman-Ewing - If the Township vacates, then is the land owned by the individual property owners? Marr Haack - Even if the right of way was maintained by the township, the property owners would need an easement for their driveways. He does not have a problem with that. He is concerned about potential development. Laabs - Ifwe retain the right of the trail only, then we can't just go back and get a right to a road. Also, ifwe put in this trail w~ may be less motivated to follow the designation on the park plan. Haack- Cdnsideration should be given to a trail that makes a loop to 110th Street. Gerry Larson - They built on the south end in 1971 and at that time they were told the Township had a right ofway. He thinks o fit as a trail now. They walk it, neighbors walk: it, there are horses and runners. From their point of view, that's what they would prefer. Jerry Hicks - It is wrong for the Township to give up any right of way. In the future they don't have to do anything with it. It could be posted as minimal maintenance and leave it as it is. The Township does have trails that we do not touch. Bergman-Ewing - Is that because the community wants it that way? How can residents impact a decision? Hicks -The power ofthe community is through the phone and ballot. Let your representatives know what you think. Ewing - He has no interest in the Township retaining the full right of way. He would prefer it be vacated altogether. He understands the concept of keeping usage for the future. He suggests the last 20 feet or so keep the full width. Laabs - reviewed the options available. Shellie Haack - They had previously discussed this with the Board and were told they would be given permission to use their driveway. Is this still true? Scott - We have an easement for public roadway purposes. In the past we have allowed usage of public roads for private driveways. Ewing - Can driveways come off of public roads? Scott - Ifwe permit it. Ewing - Do we have to get permission from the Haacks? Johnson - If the Township vacates, you still have to talk to the Haacks, but it is a private matter. Gerry Larson - Will the record remain open for written comments? Laabs - yes, for 10 days. Sexton - She uses the trail and enjoys it and doesn't want it to change. Part of the beauty is that is it just known to the people who live in the area She would like to. see it made private and rely on friendly neighbors allowing its use. She is concerned about increased motorized vehicle usage. Laabs - No Township trails are for motorized vehicles. . . . . . . . . . . . . . . Quarry Road Hearing - 10/24/02 Page 4 . John Alvin - He would like a copy of the minutes. Where does the precedent come from? Scott - From a case in Apple Valley. Shellie Haack - She appreciates the comments from Eileen Sexton with respect to good neighbors. She has issues with privacy. Jean Rydeen - If they took Arcola out, that land would go back to property owners. When the state highway went away, the land should go back. Her understanding is that is one adjacent landowners objects to something it cannot be done. Scott - This was not initiated by a property owner. Everyone would still have access to a public street. . . The public hearing was closed at 8:25 p.m. The record will remain open for 10 days for written comment. Recorded by Kathy Schmoeckel -'I' Diane Ward From: Sent: To: Subject: Pat Raddatz [Pat.Raddatz@co.washington.mn.us] Thursday, January 17, 200211:49 AM Wally Abrahamson Washington County Board Agenda - 1/22/02 . Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County, County Board Agenda January 22, 2002, 9:00 a.m. 1. 9:00 - Roll Call 9:00 Pledge of Allegiance 2. 9:00 - Comments from the Public Visitors may share their concerns with the County Board of Commissioners on any item on or not on the agenda. The Chair will direct the County Administrator to prepare responses to your concerns. You are encouraged not to be repetitious of previous speakers and to limit your address to five minutes. The Chair reserves the right to limit an individual*s presentation if it becomes redundant, repetitive, irrelevant, or overly argumentative. The Chair may also limit the number of individual presentations on any issue to accommodate the scheduled agenda items. 3. 9:10 - Consent Calendar 4. 9:10 - Assessment, Taxpayer Services and Elections * Kevin Corbid, Director Establishing Washington County Redistricting Principles 5. 9:20 - Transportation and Physical Development * Ann Pung-Terwedo, Sr. Planner . Continue Public Hearing to Consider Amendment to the County Development Code 6. 9:35 - General Administration * Jim Schug, County Administrator 7. 9:45 - 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. 10:05 - Adjourn 5:00 - County Board Meeting with Legislative Delegation Oak Marsh Golf Club 526 Inwood Oakdale, MN 55128 ************************************************************************** Meeting Notices Reminder: No Board Meeting on January 29, 2002 * 5th Tuesday January 23 - Mosquito Control Committee 9:00 a.m., 2099 University Avenue West * St. Paul 1 . January 23 - Regional Solid Waste Management Coordinating Board 10:30 a.m., 2099 University Avenue West * St. Paul January 24 - Community Corrections Advisory 7:30 a.m., Washington County Government Center 411tanuary 24 - Resource Recovery Project Board 8:30 a.m., 2661 Civic Center Drive * Roseville January 24 - Red Rock Corridor 3:30 p.m., Cottage Grove City Hall January 28 - Library Board 6:30 p.m., 1010 Heron Avenue North * Oakdale January 28 - AMC District X 9:00 a.m., 125 Charles Avenue * St. Paul or January 31 - AMC District X 3:00 p.m., 125 Charles Avenue * St. Paul * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Washington County Board of Commissioners Consent Calendar * January 221 2002 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 resolution authorizing execution of the Natural Resources Block Grant greement with the State of Minnesota Board of Water and Soil Resources. B. Approval to appoint David Olson, Cottage Grovel to the Internal Audit Advisory Committee to a first term expiring December 31, 2003. C. Approval of County comments on the proposed amendment of Tax Increment Financing District No.3 by the City of Mahtomedi. Assessment, Taxpayer Services & Elections D. Approval of abatements on parcel #16.032.21.31.0025 for taxes payable 1999, 2000 and 2001. E. Approval of amendment to the Woodbury Assessment contract to reflect 2001 and 2002 rates previously adopted by the Board and to establish payment cycle for the City of Woodbury. Community Services F. Approval of the 2002 contract with Washington County Housing and Redevelopment Authority to provide housing subsidies for individuals with a serious and persistent mental illness under the Bridges II Program. G. Approval of the 2002 contract Rule 36 Limited Partnership of Duluth III for Residential Services at Hamilton House in Lake Elmo. H. Approval of 2002 contract with Community Volunteer Service to provide transportation to and from appointments for clients of Community Services. ~uman Resources 2 I. Approval to transfer a FTE budget position from Financial Services to the Office of Administration; and authorization for a transfer of funds to support the transferring position. J. Approval to substitute an appointed supervisory position of Commander in the Sheriff*s Office for a position of Sergeant. Public Health and Environment . K. Approval to execute an amendment to Agreement #1367, Lakeview Hospital Home Care Waivered Services contract. Sheriff L. Approval of fourth amendment to agreement with Ramsey County for rental of jail bed space at the Washington County Jail. Transportation and Physical & Development M. Approval and execution of operations grant to the Washington County Historical Society. N. Approval of resolution, final payment to F.M. Frattalone Excavation & Grading, Inc. in the amount of $36,070.24 for CSAH 21 road and bridge reconstruction. O. Approval of resolution, final payment to Jay Bros., Inc. in the amount of $18,937.78 for construction of intersection additions and traffic signal modifications in Woodbury. P. Approval of resolution, bid award for the boiler/chiller room ventilation project at the LEC to Parkos Construction Company, the lowest responsible bidder, in the amount of $59,700 conditioned upon the execution of a contract as approved by law. Q. Approval of resolution, acquire right of way for reconstruction of County State Aid Highway 15. Pat Raddatz, Administrative Assistant Washington County Phone: (651) 430-6014 e-mail: pat.raddatz@co.washington.mn.us . . 3 Diane Ward From: Sent: To: .Ubject: Pat Raddatz [Pat.Raddatz@co.washington.mn.us] Thursday, January 31,200211:49 AM Wally Abrahamson Washington County Board Agenda - 2/5/02 Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County, County Board Agenda February 5, 2002, 9:00 a.m. 1. 9:00 - Washington County Regional Railroad Authority Convenes A. Roll Call B. Pledge of Allegiance C. RRA Minutes from January 8 and 15, 2002 D. Public Hearing on the RRA Property Management Plan * Mike Rogers, Planner RRA E. Update on Rush Line Corridor * Mike Rogers, Planner RRA F. Adjourn 2. 9:40 - Washington County Board of Commissioners Convenes Roll Call 3. 9:40 - Comments from the Public 411tisitors may share their concerns with the County Board of Commissioners on any item on or not on the agenda. The Chair will direct the County Administrator to prepare responses to your concerns. You are encouraged not to be repetitious of previous speakers and to limit your address to five minutes. The Chair reserves the right to limit an individual*s presentation if it becomes redundant, repetitive, irrelevant, or overly argumentative. The Chair may also limit the number of individual presentations on any issue to accommodate the scheduled agenda items. 4. 9:50 - Consent Calendar 5. 9:50 - Community Services Department * Robert Crawford, Workforce Center Division Manager Workforce Center*s Annual Report for Program Year July 1 through June 30, 2001 6. 10:00 - Human Resources, Employee Safety & Risk Management * Judy Honmyhr, Director Ratification of 2002-2003 Bargaining Agreements with the AFSCME Exempt and Non-Exempt Units 7. 10:10 - Court Services * Russ Reetz, Director 2002-2003 Comprehensive Plan 8. 10:20 - General Administration * Jim Schugl County Administrator A. 2002 Legislative Update ~. Mission Directed Budget Savings Request 1 C. Recognition for Nile Kriesel, City of Stillwater*s Administrator 9. 10:30 - 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 resu.lt in substantive board acti. during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 10. Board Correspondence 11. 10:45 to 11:45 - Recess to Board Workshop with Transportation and Physical Development Discussion on Highway Maintenance Full Costing Project for Contract Community Work and Alternatives for Service Delivery to Contract Communities and County Transportation Needs 12. 11:45 - Lunch 13, 12:45 to 1:30 - Reconvene in Executive (Closed Session) with Assessment, Taxpayer Services and Elections Discuss MorleYI Inc. v. County of Washington Tax Petition Settlement Offer 14. 1:35 - Adjourn 15. 1:45 to 2:15 - Board Workshop with Transportation and Physical Development Parking Lot Revisions ************************************************************************** Meeting Notices February 5 - Library Board Interviews 8:15 a.m., Washington County Government Center February 5 - Finance Committee Meeting 3:00 p.m., Washington County Government Center . February 6 - Metropolitan LRT Joint Powers Board 8:30 a.m., Hennepin County Government Center February 6 - Plat Commission 9:30 a.m., Washington County Government Center February 6 - 911 Board Executive Committee 10:30 a.m., 2099 University Avenue West * St. Paul February 7 - Metropolitan Energy Task Force 9:00 a.m., 125 Charles Avenue * St. Paul * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Washington County Board of Commissioners Consent Calendar * February 5, 2002 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 January 81 15 and 22, 2002, Board meeting minutes. Assessment, Taxpayer Services, and Elections . 2 B. Approval of resolution classifying tax-forfeited land. Community Services C. Approval of the 2002-2003 contract with Families for Effective Autism Treatment to 4IIlrovide home-based mental health services for children with severe emotional disturbance. D. Approval of the contract with Owakihi, Inc. to provide home and community-based services for persons with developmental disabilities. E. Approval of agreement between Minnesota Department of Trade and Economic Development and Washington County Community Service*s Workforce Center to operate the special project, small group grant for Hartford Insurance Grant Number 1161000 between 11/21/01 through 12/31/02. F. Approval of the agreement between Ramsey County and the Washington County Workforce Center (Division of Community Services) for the Delivery of Dislocated Worker Services 3M Special Project Agreement December 1, 2001 through December 31, 2002. Financial Services G. Adoption of resolution amending the 2001-106 Resolution by which the County Board awarded the refunding of the 2001A General Obligation Bonds. H. Authorization to establish reserves and designations of fund balances for the fiscal year ended December 31, 2001. Human Resources, Employee Safety and Risk Management I. Approval of resolution, reaffirm workers* compensation coverage for all Washington County elected and appointed officials. Sheriff .J. Approval of the first amendment to the license agreement for inmate telephone equipment nd service between Qwest Corporation (fo~merly US West) and Washington County. Transportation and Physical Development K. Approval of recommended change in Washington County beach operations. L. Approval to advertise for proposals on play equipment for Cottage Grove Ravine Regional Park. M. Approval and execution of Supplemental Agreement No. 4 to Tower Asphalt, Inc. in the amount of $27,862.57. N. Approval of final payment to Monarch Oil Company, Inc'l for microsurfacing of CSAH 7 and 16 in the amount of $10,254.75. O. Approval and execution of Grant Agreement SG-OI-105 with the Metropolitan Council in the amount of $633,100.00 to reimburse Washington County for the acquisition and early buyout of the Ceridian Employees Recreation Foundation property. Pat Raddatz, Administrative Assistant Washington County Phone: (651) 430-6014 e-mail: pat.raddatz@co.washington.mn.us . 3 fl/29/2002 WASHINGTON COUNTY BOARD OF COMMISSIONERS Preview of Coming Attractions . FEBRUARY 5 Workshop - Building Security and Parking lot Revisions Workshop - Contract Maintenance Cost Study (10:30 a.m.) Discuss the final report of larsonAllen regarding the contract maintenance cost study. FEBRUARY 1 2 Workshop - Changes in Minnesota Extension (1 hour) FEBRUARY 19 . Workshop - Review of law Enforcement Center Security Equipment A Workshop will be held at the lECand will include a tour of the facility and observation/ inspection of some of the security equipment that requires upgrades. The workshop/tour will require up to two hours. FEBRUARY Agenda - Report on County Collections Status The Departments of Financial Servicesl Court Administration and the County Attorney will update the Board on the status of the Collections Project that is focusing on collecting past due fines and fees owed to the County. . . . . Agenda - Meeting with AMC Representatives of the Association of Minnesota Counties will meet with the County Board to provide an update on AMC activities and legislative priorities. Agenda - Award Bid for Radio Upgrade The County Board will award a bid to upgrade the Countyls public safety radio system. The proceeds for the project will come from the Countyls recent issuance of ClP Bonds. Workshop - Receive Interim Report on Problems with November 6, 2001 Elections and Options for Addressing these issues Workshop - Impact on MN Property Tax Law Changes on Pavments in Lieu of Taxes County staff will report to the County Board on the impact of the new property tax laws on the paym~Qts made to the county in lieu of taxes for certain tax exempt properties such as HRA housing projects. The Board will also review other elements of the tax law changes and their effect on the Washington County tax base. MARCH 5 Workshop - Community Development Block Grant The Board will hold a workshop to review CAC recommendations for CDBG competitive funding, review proposals for CDBG formula allocation funding, and review the HOME program allocation proposal. MARCH 12 Workshop - First Time Homebuyer Program APRil 2 Public Hearing - CDBG Proiects APRI L 23 Agenda - Community Volunteer Service - Community Involvement Awards The Community Volunteer Service will present Community Involvement Awards to citizens . in Washington County in recognition of National Volunteer Weekl April 21 - 271 2002. APRI L loint Meeting with Ramsey County to Review Report on Public Solid Waste Collection The County Boards of Washington and Ramsey Counties will meet to receive an update on the project to explore the possibility of public solid waste collection that is being researched by staff. Agenda - .~ppointment of County Engineer 'c MAY 28, 2002 Agenda - Commissioner Redistricting - Final Date for Completion . The County Board will approve a redistricting plan for County Commissioner Districts based on 2000 Census data. The new districts will apply in the 2002 fall election. FUTURE Workshop - County Workforce Development The Human Resources Director will coordinate a workshop based on the strategic planning issue that a group has been working on concerning workforce development issues of the . present and future including issues such as attraction and retention of qualified staff, workforce issues of the future and supply and demand for certain types of skilled employees BID OPENINGS January 31 Modular Furnishings Transportation & Physical Development . . . . Summary of Proceedings Washington County Board of Commissioners January 8, 2002 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Wally Abrahamson, District 3; Myra Peterson, District 4; and Dick Stafford, District 5, Absent none. Board Chair Pulkrabek presided. Assessment. Taxpayer Services and Elections Adoption of Resolution No. 2002-004, authorization of non-conservation classification. Board Chair and Vice Chair for 2002 Commissioner Pulkrabek was elected Board Chair and Commissioner Hegberg elected Vice Chair for 2002. Commissi~er Reports. Comments. Questions The Commissioners reported on the following actions: Commissioner Peterson asked that staff advertise for a vacancy on the Public Health Advisory Committee; Commissioner Stafford updated the Board on the seven county energy group and the proposed dues structure for next year; Update given on the Ramsey-Washington County study of public collection of waste. Community Services Department Approval of the following actions: 2002 contract with Family Means to provide respite care services; .5 FTE Special Project Social Worker I through December 31, 2002. General Administration Approval of the following actions: 2002 Board meetings set for the first four Tuesdays of each month (excluding any Tuesday which is a holiday) at 9:00 a.m. and authorization for Chair to call an evening meeting at other times when necessary; Choc Junker, Stillwater, questioned the Commissioners' 3% wage increase; Rob Ring, Denmark Township, asked if a workshop had been scheduled with Townships for January 15, 2002; Believes a 3% increase for Commissioners is fine in light of the Social Security Administration increase of 2.6%; December 11 and 18,2001 Board meeting minutes; Resolution No. 2002-001, award of2002 newspaper publication bids;. Memorial Day appropriation of $1 00 each upon request for Washington County Posts and Barracks; Resolution No. 2002-002, set minimum salary for County Attorney for term next following; Resolution No. 2002-003, set minimum salary for County Sheriff for term next following; Amend Policy No. 1012, Mileage Reimbursement, increase to 36.5 cents per mile effective January 6, 2002; Appointments to the following committees: Gary Kriesel, ~ibrary Board, to a first term exPiri. December 31, 2004; Sue St. Sauver, Community Services Advisory, to fill an unexpired term to December 31, 2003; Floyd Bates, Mental Health Advisory as a Consumer Representative to a first term expiring December 31, 2004; Paul Weiler, non-profit Juvenile Courts Group Representative, to the Courts Planning Advisory Committee; and Bob Utecht, Stillwater Neighborhood Representative to the Courts Planning Advisory Committee; Commissioner Committee assignments for 2002; Reminder that the Board meeting on January 15 will be at 4:30 p.m. meeting with workshops with the watershed management organizations at 5:30 p_m. to discuss the Water Management Governance Plan and the townships at 6:30 p.m. to discuss the County's future role in zoning and planning in townships; Board to meet with the County's legislative delegation to discuss the County's legislative priorities on January 22,2002,5:00 p.m. at the Oak Marsh Golf Club; Board correspondence was received and placed on file; Board :vorkshop held to discuss reallocation of turned back and unused 2002 Community Development Block Grant funds. Human Resources Department Approval of the following actions: Modify Section 17 of the County Personnel Rules and Regulations (Insurance/Benefits) as it applies to retiree medical insurance coverage for employees hired after January 1, 2002; Change the name of the Department of Human Resources to the Department of Human Resource. Employee Safety and Risk Management. Recorder's Office Approval of the following actions: 12 month .5 FTE Special Sr. Project Real Estate/Taxpayer Services Technician position; Public hearing held to consider establishing a fee of $5/document for all transfer/encumbrance documents mailed in to the Recorder that are required to be submitted to the Auditor/Treasurer prior to being processed; Resolution No. 2002-006, adopting a mail service fee in the Recorder's Office. Re2ional Railroad Authority Approval of the following actions: Commissioner Peterson elected Chair and Commissioner Hegberg Vice Chair of the Regional Railroad Authority for 2002; RRA Meeting Minutes from October 16, 2001; Update on new Washington County Regional Railroad Authority Web Page; Public hearing on the proposed Regional Railroad Authority Property Management Plan set for January 22,2002; . RRA workshop to discuss the MN/DOT proposal to assume responsibility for the planning of the Red Rock Commuter Rail Corridor and the Central Corridor Plan between Minneapolis and 81. Paul. . Sheriff's Department Approval ofthe following actions: Change order #2 to the service agreement with Motorola for radio service through 2002; Public hearing held to consider adoption of an ordinance relating to the Washington County Alcohol Licensing Enforcement Ordinance; Resolution No. 2002-005, adopting Washington County Alcohol Licensing Enforcement Ordinance No. 158. . . Transportation and Physical Development Approval of the following actions: Public hearing held to consider an amendment to the Washington County Development Code, Chapter One Administration Planning Advisory Commission 8.2(1) Commission Membership and Meetings; Public 'l\earing on Planning Advisory Commission membership tabled to January 22, 2002 and public hearing to be opened to accept comments through January 21,2002. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners January 15, 2002 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Wal. Abrahamson, District 3; Myra Peterson, District 4; and Dick Stafford, District 5. Absent none. Board Chair Pulkrabek presided. Commissioner Reports. Comments. Questions The Commissioners reported on the following items: Commissioner Stafford: Solid Waste Management Coordinating Board Executive Committee met to work on the legislative agenda for the 2002 session; The Blue Ribbon Panel on waste management will discuss outcomes to recommend to the House Committee studying the issue; and, He has received quite a few calls and e-mails on public collection of waste; Commissioner Peterson: Attended a St. Paul Park town meeting; Joint meeting of the Red Rock Corridor and Central Corridor, feels the County should attend these meetings to assure representation from the east side of the state; She is on nominating committee for MICA which has present~d its slate of officers and will be voted on January 16; The AMC Executive Board will meet on Janu~ 18; She met with the Transportation Alliance which has embraced a 3-cent gasoline tax over the next five years, she hopes the County would take a stronger posture on additional funding for gas tax; Commissioner Hegberg: Received a number. of calls about County Road 2 and the congestion that will occur near the new Cub Food Store; He asked that staff check with Columbus Township in Anoka County to see if there are any trails the County will have to consider linking with. Community Services Department . Approval of the following actions: 2002 contract with Stivland, Inc. (dba Harbor Shelter and Counseling Center) to provide child shelter and short-term treatment services; 2002 Child and Teen Checkups Administrative Service AgreementJPlan. '- General Administration Approval of the following actions: Appoint Chloette Haley to the Mental Health Advisory Council as a Family Representative to a first term expiring December 31, 2004; Appoint Bert Harris to the Workforce Investment Board to a term expiring June 30, 2004; Memorandum of agreement with the Agricultural Society for the year 2002; Public hearing held to consider adoption of the proposed 2002-2006 Capital Improvement Plan; Resolution No. 2002-010, adoption and submittal of the 2002-2006 Washington County Capital Improvement Plan; Adoption of the 2002 Legislative Agenda; Review impact of Governor's budget proposal on the County; Board correspondence was received and placed on file; Board workshop held to review the County's five-year long-term capital improvement needs; Board workshop held with the Watershed Management Organizations to discuss next steps in implementing recommendations of the Water Governance Study. . . . . Human Resources. Employee Safety and Risk Manaf!ement Approval of band/grading for the classification of Assistant County Recorder/Registrar and approval of newly written job description. Public Health and Environment Approval of a 3-year Special Project Public Health Nurse n position. Ref!ional Railroad Authority The Regional Railroad Authority set a public hearing on the proposed Regional Railroad Authority Property Management plan for February 5, 2002. Sheriff's Office Approval ofthe following actions: Resolution No. 2002-009 authorizing execution of a grant agreement with the Office of Drug Policy and Violence Prevention for the East Metro Narcotics Task Force; Joint Mwers agreement with the Minnesota Department of Corrections for short term housing of inmates at the Law Enforcement Center in crisis situations. Transportation and Physical Development Approval of the following actions: Resolution No. 2002-'007, award of contract for 2002 landscape maintenance services to TruGreen Chemlawn; Supplemental agreement no. 1 with F.M. Frattalone Excavation & Grading, Inc. for road construction project on CSAH 21; Resolution No. 2002-008, final payment to Conrad Mechanical Contractors, Inc. for HV AC Project at North Shop; Contract with Westurn Roofing & Siding to repair storm damaged roofs at County parks; Board workshop with Township Officials to discuss the respective roles of the County and Townships in planning and zoning. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners January 22, 2002 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; wal. Abrahamson, District 3; Myra Peterson, District 4; and Dick Stafford, District 5. Absent none. Board Chair Pulkrabek presided. Assessment. Taxpaver Services and Elections Approval of the following actions: Abatements on parcel #16.032.21.31.0025 for taxes payable 1999, 2000 and 2001; Amendment to the Woodbury assessment contract to reflect 2001 and 2002 rates previously adopted by the Board and to establish payment cycle for the City of Woodbury; Resolution No. 2002-016, establishing Washington County Redistricting Principles. Commissioner Reports. Comments. Ouestions The Commi,ssioners reported on the following items: - CommiJsioner Stafford: Will be attending the Regional Solid Waste Management Coordinating Board meeting and the Resource Recovery Board meeting this week; Asked"staff to schedule a meeting with the haulers in Woodbury to discuss public collection; Reported on a public meeting hosted by Senator Price and Representative Slawik; Commissioner Peterson: Asked that high-speed rail be discussed at tonight's meeting with the County delegation; The LRT Joint Powers Board will meet on January 23; She will attend the Metropolitan Area Agency on Aging on January 30; AMC Region X meets on January 31; She wiy-'. attend a meeting with the developmentally disabled steering committee in S1. Paul on January 2. The AMC Legislative meeting will be held on February 1; The state is looking at 911 funding as a source for securing additional funds for homeland defense, she is not convinced that tax should be used to fund homeland security. Community Services Department Approval of the following actions: 2002 contract with Washington County Housing and Redevelopment Authority to provide housing subsidies for individuals with a serious and persistent mental illness under the Bridges n Program; 2002 contract with Rule 36 Limited Partnership of Duluth III for residential services at Hamilton House in Lake Elmo; 2002 contract with Community Volunteer Service to provide transportation to and from appointments for clients of Community Services. Court Services Department Approval to renew purchase of service agreement with Dakota County for servIces through the University of Minnesota, Center for Restorative Justice and Mediation. General Administration Choc Junker, Stillwater, asked if the County was getting into the garbage business and were the . . . going to dictate who will pick up citizen's garbage; He asked why the Woodbury Library was named after Commissioner Stafford now; and He asked what the County's operating budget is for 2002. Staff will respond to Mr. Junker's questions in writing; Resolution No. 2002-011, authorizing application, match and signature of Board of Water and Soil Resources Natural Resources Block Grant for calendar year 2002-2003; Appointment of David Olson to the Internal Audit Advisory Committee to a first term expiring December 31,2003; County Comments on the proposed amendment of Tax Increment Financing District No. 3 by the City of Mahtomedi; Meeting with County Legislative delegation to discuss County's legislative priorities scheduled for tonight at 5:00 p.m. at the Oak Marsh Golf Club in Oakdale, Human Resources. Emplovee Safety and Risk Manal!ement Approval to transfer a FTE budget position from Financial Services to the Office of Administration; and authorization for a transfer offunds to support the transferring position. Public Health and Environment Approval tdi. execute an amendment to Agreement #1367, Lakeview Hospital Home Care Waivered Services contract. Sheriff's Office Approval of the following actions: Substitute an appointed supervisory position of Commander for a position of Sergeant; Fourth amendment to agreement with Ramsey County for rental of jail bed space at the Washington County Jail. Transportation and Phvsical Development Approval of the following actions: Execution of operations grant to the Washington County Historical Society; Resolution No. 2002-012, final payment to F.M. Frattalone Excavating & Grading, Inc. for CSAH 21 Road Construction; Resolution No. 2002-013, final payment to Jay Bros., Inc. for CSAH 13/16 intersection and signal modifications; Resolution No. 2002-014, award of contract for ventilation system modifications at the LEC to Parkos Construction; Resolution No. 2002-015, acquire right of way on CSAH 15; Resolution No. 2002-017, approving text amendment to the Washington County Development Code, Chapter One, Section 8.2(1), Ordinance No. 159. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota.