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HomeMy WebLinkAbout2005-03-01 CC Packet . CITY OF STILLWATER CITY COUNCIL MEETING NO. 05-06 Council Chambers, 216 North Fourth Street March 1, 2005 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA OTHER BUSINESS 1. Discussion on Farmer's Market 2. Discussion with Library 3. Discussion on Lumberjack Days 3. City Clerk 4. Director of Admin. 5. 6. 7. City Attorney 8. Finance Director 9. City Administrator CALL TO ORDER ROLL CALL STAFF REPORTS 1.Police Chief 2.Fire Chief CALL TO ORDER ROLL CALL . APPROVAL OF MINUTES meeting minutes , 2005 special, regular and executive session PETITIONS, INDIVIDUALS, DELEG OPEN FORUM The Open Forum is a portion part of the meeting agenda. may give direction to staff OMMENDATIONS meeting to address Council on subjects which are not a may take action or reply at the time of the statement or stigation of the concerns expressed. CONSENT AGENDA* 1. Resolution 20 2. Authorization 3. Possible appr 4. Possibl ro 5. Resol StOT, 6. Re D. payment of bills nk Madden & Associates for labor relations consulting services hase wildfire turnout gear - Fire Department to purchase plan unit shelving - Building Department , accepting work and ordering final payment for McKusick Ravine r/Traillmprovement Project (Project 2002-04A) -51, accepting work and ordering final payment for McKusick Lake ovement Project (Project 2002-04B) 005-52, accepting work and ordering final payment for Sewer Interceptor ion Project (Project 2004-04) . UNFINISHED BUSINESS 1. Possible adoption of Findings of Fact relating to the application of Anthony ~erschbaum (Case No. V/04-83) (Resolution) NEW BUSINESS 1. Possible approval of proceeding with the Library Expansion project (Resolutions) 2. Discussion on possible surcharges for well and septic users not connecting to City sewer & water 3. Possible approval of resolution designating Brick Street as an MSA street (Resolution) 4. Possible approval of Poplar Street Speed Limit (Resolution) . PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continue COMMUNICATIONS/REQUESTS * All items listed under the consent agenda are considere be enacted by one motion. There will be no separate di Member or citizen so requests, in which event, the it and considered separately. by the City Council and will hese items unless a Council oved from the consent agenda COUNCil REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT . . 2 . . . \p.\-0 . CITY OF STillWATER CITY COUNCil MEETING NO. 05-06 Council Chambers, 216 North Fourth Street March 1, 2005 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CAll TO ORDER ROll CAll OTHER BUSINESS 1. Discussion on Farmer's Market 2. Discussion with Library 3. Discussion on Lumberjack Days 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. Finance Director 9. City Administrator 7:00 P.M. AGENDA. CAll TO ORDER ROll CAll APPROVAL OF MINUTES . Approval of February 15f4005 special, regular and executive session meeting minutes PETITIONS, INDIVIDUALS, DELEGATIONS & CQMMENDATIONS OPEN FORUM The Open Forum is a portion Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. CONSENT AGENDA* 1. Resolution 2005-49, di[l~cting payment of bills 2. Authorization for use of Prank Madden & Associates for labor relations consulting services 3. Possible approval to purchase wildfire turnout gear - Fire Department PUBLIC HEARINGS UNFINISHED BUSINESS 1. Possible adoption of Findings of Fact relating to the application of Anthony Herschbaum (Case No. V/04-83) (Resolution) NEW BUSINESS 1. Possible approval of proceeding with the Library Expansion project (Resolutions) 2. Discussion on possible surcharges for well and septic users not connecting to City sewer & water 3. Possible approval of resolution designating Brick Street as an MSA street (Resolution) 4. Possible approval of Poplar Street Speed Limit (Resolution) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REQUESTS COUNCil REQUEST ITEMS STAFF REPORTS (continued) . ADJOURNMENT * All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. . . 2 .us you~ views as either a letter to the editor or a guest commentary. o the ednor should not exceed 250.350 words and guest commentaries ot exceed 600 words. The Gazette reserves the right to edit for length ent. 'pinions expressed by columnists, letter writers and guest commenta- N necessanly reflect the opinions of the Gazette's staff, management Jsers. . . n- 'e. n- V. Farmers Market editorial misses the mark Id s. d ie I respectfully disagree with the "Our View" column of Friday, Feb. 4, supporting City Council's decision to evict the Farmer's Market from the upper parking lot adjacent to the Veteran's Memorial. First, if the editors of the Gazette wish to ~ake a position on this issue. it would be helpful If they knew something of the Farmer's Market. By Saturday afternoon, there is no Fanner's Market. The vendors have long since left to tend their fields or do whatever farmers do 011 a nice Saturday afternoon, I am a Vietnam veteran (sans a paver for now) and a long-time patron of the Farmers Market. Both the Memorial and the Farmers Market are jewels of Stillwater. They make liv- ing here special. Walking up the Third Street hill to the mar- ket on Saturday morning, kibitzing with friends and vendors, selecting our week's produce and savoring a cup of coffee and molasses cookies while overlooking the Valley is emblematic of why we live here, I submit that the market in the lower parking lot "hole" will not be the same for the hundreds that visit each Saturday, I respect and revere the Veterans Memorial with the rest of Stillwater. The Memorial's loca- tion was selected. I suspect, for the same rea- son the Farmer's Market is there. It is a great place to reflect. I also suspect there are crass, uneducated and self-absorbed individuals that do not revere the Memorial and would desecrate it because they are dopes, Perhaps respectful signing would help, but I doubt they can read. Legislating the Farmer's Market to a less special place will not change that. I do not understand why the Veterans Committee would not work out a cooperative arrangement with the Farmers Market organiza- tion. For example. it seems a reasonable com- promise that vendors might move to the north side of the lot. away from the Memorial, with patrons parking between vendors and the Memorial. a a 1 ,,,,,>-,,,,,,;"~l,i(J~1~-.<\~~"'-~-_'i'F~,~ Fax: (651) 439-4713 E-mail: stwgztte@pressenter.com Address: 1931 Curve Crest Blvd. Slillwate! [\IN 55082 The City Council's decision to move the Fanners Market Ivithout from other re,. idents and vendors concerned seems a bit auto- cratic to me. But! believe they are people of conscience and will re-consrder \hcil' de,~'isi()n. Also, you are right. thc Veterans Committee should not have to consider the wishes of ven- dors and patrollS of the :"vlarket, thotlQh, in mv view. it would he the 10 ao --- em;] the way we do husiness in the best country Oil the pla;let. " P~ml M. Anderson. Stillwater Pall! M. Andersun i\ Ii veteran the Vie!llalll Ww: Beach Boys would draw' 'better behaved' crowd to Lumberjack Days We agree with those who have stated that the Beach Boys will draw a very differc'l!l crov,'d from the one that responded in such numbers to Lynyrd Skynyrd. Most of the Beach Boys fans are in the mid- dle-aged category. or like music a little Jess loud and raucous than that of the more recent bands. They would probably be better behaved as well. Another appealing idea is that of limiting the amount of alcohol consumed by those attend- ing. either by closing the places that sell alcohol early or making it an alcohol-free event It would be better if more people were able to offer their opinion on the choice of a band, and that the decision were not made on the basis of the worst-case scenario. Lvnvrd Shnvrd. We hope that if tbe Beach -B(;ys are'av'ailable in the future. they would be given the OK. Elizabeth Kainz and Joseph Kainz, Stillwater y ~)i~:s you mig~lt not ~lave Jlearcl about -, . Stillwater Public Library Renovation and Expansion \ 'Jlr, ~ Report to the Stillwater City Council from the Stillwater Public Library Board of Trustees . March 1,2005 . . . . Stillwater City Council Meeting March 1, 2005 Proposed Renovation and Expansion of the Stillwater Public Library l~ 1~ ~ Summary: The Board of Trustees of the Stillwater Public Library has developed plans to renovate and expand the 102-year-old Beaux Arts library building from 13,000 square feet to 35,000 square feet, and to add a parking garage and new entrance at street level on Third Street. The Board has led a capital campaign to raise $4 million in private donations from foundations, businesses, individuals and families. In 2002, the Stillwater City Council adopted resolutions of public support of $5 million for the expansion and related parking once the Board of Trustees has achieved the campaign goal. This public and private partnership will fund the total cost of the project, which is estimated to be $9 million. . . . TABLE OF CONTENTS Project Design Drawings and Floorplans Special Features of the Design 1 3 Project Timeline 4 City Council Resolutions of May 21/ 2002 6 Heritage Preservation Commission Review of September 3, 2003 8 Planning Commission review of October 13, 2003 9 Agreement in Principle with Ascension Church 15 Library History and Projected Post-Expansion Operations 16 Centennial Capital Campaign Status as of March I, 2005 Major Gifts as of February 24, 2005 25 . . . maE). STILLWATER PUBLIC LIBRARY Design for Renovation and Expansion-200S . . . r - - i ' ~.~b~ '~ih~?O..i.{J).i.{J)r.J=- I ...; k --. ' ,~.~Ji.<f'M ~ M .-, I I '. .- Ve' W.m.~ J~' - ---J ... -""'I::::r i:'!:l-:i II -.. '- "f ~ 0 -/ P" I ,f="'h __ A. J'p .l" jlll^~ -< =: ~ - \~'t f'..;,u ~ _, I '~.~~ l:-~'-: :.:.\1'1 ~... .aJ - ~~- ~~-~ F EE!3 !li tf."7 ----. -- J . . I I~ ~ In eJ f/ O-~ ',~ . I {~~:;.tY:I'Or(-)~ . ,.:a<D g CD~ <>~__~ vo ~ OV 0::0 ~^ "'" EF.l '.~ V' ~ -~ ~ - /0 U EB ~ ~ES] ~ I '\ ,/ I I '- ,/ I l;EB 0(1 Co 1h~ I x : I x I -8l- ~. I ,/ '-: 1'/ '- . I ., ~ ~-~'" ~__'J r-- ',"_ ij ~ ~ . 'I r ? ]:, : i, ~, I . ' , ' I i:' J - ] 'j fr: ~j":;::'" .. ~I' ~ " ~ L j I II '-,.; . _ :. __ --2 " KEY o ,..-..:.....II"d:. 0-. ClIlIC........ r JtIIIlr.__ Ur- D '''- l_......_.. Upper Level 24 0cI00el' 2001 ~. ~ ~ Stillwater Public Library Expansion L ~ - ~ = -~-~~~-==;""';-~nd\f1I~---- I ; (~~ r ... ~ ~~Er~~ _ ,~:=--L bo-:-I_ '&t .' ~ ~ WL:l =s\ I -- -/ I CJ CJ I m t- ~<>_ n- ':J 0-0 c:::J \1---- 0 r :! " . r - .. I " 0 n 1 j~~/mI ~i '-r ~r'\ -~-:- '" ~~ H 0 m.. . 'lcttr I 1 I - [l J ~ . r = I' 1 0 j 1 1 : n ~ H :;, - .' I ~~ I ;I , Co j 1 . . U ~ ~ " '. -'- rrr:J' ~!, ~ ~ w;; j '- l~:;. !f::. en r 1'1 1 ! w . ~ ~_.~ _ L;/ . 133 I ......... a3 ::; ..iI1I1I1I:lf"'- IN E,8 : ~..a.v!fb ~~r" .. r:....~ b ,., 'I'\'~'" .,. . ~-!.I <1.L'O :::" "U..\> o' 0 - D U ........ I w 01 ~ 07, , 0iU l... J f1e. ' ti .- . ~ <> i;f.i I oS, .;;_~ ~ cr.;? .011 ogo I . - I' ~.~ l.,t-!.~ o.o'~ I t.....,...J~"bn . I Q~ ,IP r{}' ,.'J> 0 ~ ~ :..::""00;'" L.J ..... bJ ( o~ ' ~ .. ---: F+ ......;. I' "II 0 _ .:; [IIW ' . . ." .~ 0 " lti",J " ~ . j rn h ~Dl" E", " 'I CloO JI ul1H~~ J-U..,. ~ Lli - Cl =-:!J I -- r . "" n I' I "' r r ! I fD ... . .j II . ~ ' p. 'w !i rnq..~U! I:l i ~ ~ i ~ L - ~"lj I '~~J91-c.r!lo;flr:-I~1- I .......---..J Stillwater Public library Expansion Stillwater Public Ubrary: Design for Renovation & Expansion 2005 ~ , KEY O-a;.-._.. D --.~.~ DoC.~-'" D.'" c:::J..-..--- Lower Level 74 00.'tDIclr 2003 ,-.,-. ~ /II!!!!!":=I ..J . . . , PRESERVING OUR PLACE STILLWATER PUBLIC LIBRARY CENTENNIAL CAMPAIGN LIBRARY RENOVATION AND EXPANSION PROJECT FEATURES . Stillwater's 100 year old Carnegie library will be preserved while adding space in a sympathetic manner for Stillwater's ma.'{imum projected population . The project will be funded by a public / private partnership. The library will raise $4 million, and the City of Stillwater WIll provide $5 million 1n public funds . An indoor, underground parkmg facility will be constructed, providing convenient parking that is safe in winter and takes pressure off on-street parking III the neighborhood. . The building and roof terrace will be fully accessible. . Easing the current facility's crowding and noise problems, we will add more shelving, seating, computers, and study space. . The St. Croix Collection of local history will have more space and be open mOre hours . Teens will have their own area with seating and a group study room. . The children's library will have its own program space that can be used for story times, class visits and homework. . Program and meeting space for the library and the community will be increased greatly with a larger meeting room, a conference room and a roof terrace witl1 a view of the St. Croix River . The library will have more automated features and greater staff efficiency_ . All wiring and mechanical systems will be improved. . The changes in the library's facility will enhance its abIlity to welcome and serve all ages and segments of the community, drawing long-term and new residents closer together 223 N. Fourth St. Stillwater MN 55092 651.4391675 3 . . . 1995-1996 1996 February 1997 March 1997 January ~ July 1997 March 1998 Summer 1998 September 1998- May 1999 June 1999 December 1999 January- September 2000 October 2000 March 2000 -2001 STILLWATER PUBLIC LIBRARY Library Expansion and Renovation -Project TimeJine- Board/Staff/Public develop long range plan, identifying that additional library space will be needed to serve Stillwater's growing population Board President Dave Ruch presents long range plan to City Council City Council tours library to observe operations and space needs As a follow up to the February tour, Board President David Ruch outlines for City Council options for space needs identified in long range plan in a letter Library Board and staff quantify space needs and means of achieving needed space: branch library, kiosk library, enlargement of existing library building Library Board updates City Council on space needs planning and distributes the document Meeting the Facility Needs of the Stillwater Public Library 1998-2020 Neighborhood parking study completed Using random survey of users and focus groups, Board studies space options, determining that operating costs for branch or kiosk libraries would be too great and that public opinion strongly supports expansion model Library Board meets with City Council to present expansion model Library Board contracts for space needs study and communicates study schedule to City Council David Smith, consultant, performs space needs study Needs Analysis and Feasibility Study published and presented to City Council Library Board refines building needs 4 . . . August 2001 July 2001- January 2002 May 21,2002 October 2002- March 2003 April 15,2003 November 2004 December 2004 January 2005 February 22, 2005 February 28, 2005 City Council/Library Board discussion of parking problems and needs Development Council Inc. performs fundraising feasibility study; results are communicated to City Council City Council passes 2 resolutions, scheduling the project for 2004 Building program developed by David Smith, consultant Architectural firm Miller Dunwiddie Associates hired Miller Dunwiddie Architects completes 80% of construction documents Library issues Request for Qualifications for Construction Manager at Risk Library receives 12 responses to Construction Manager at Risk RFQ, narrows the list to four finalists and issues Request for Proposal for Construction Manager at Risk Library receives four responses to Construction Manager at Risk RFP Library interviews four Construction Manager at Risk candidates 5 . . . RESOLUT10N NO. 2002-11 S APPROVING PROPOSED LIBRARY EXPANSION/RENOVATION PROJECT WHEREAS, the Library Board Task Force for a Proposed Facility Upgrade and Expansion has demonstrated the need for an Improved and expanded Library, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOT A: 1. That the City accepts the recommendation of the library Board.Task Force and approves the proposed Library building expansion/renovation project and lower level parking facility: and 2. The City agrees to provide funding in 2004 for the library project in the amount of $4,000,000, and up to $1,000,000 for the parking facility Said funding being contingent upon the Library Board secunng 53,000,000 in cash donations and an additional $1,000,000 in pledges. " Adopted by the City Council of the City of Stillwater this 21 st day of May, 2002 A TIEST: ~ J. 2Ocusd! Diane F. Ward, City Clerk ~YL/E L#rV'~1Jle, Mayor 6 . . . RESOLUTION NO. 2002-1 I~ APPROVING A PARKING FACILITY AS A PART OF THE LIBRARY '\ EXP ANSION PROJECT WHEREAS, the Library Board Task Force for a Proposed Facility Upgrade and ExpansIon has demonstrated the need for improved parking facilities in conjunction with an expanded library; and WHEREAS, the Council recognizes that increased parking will have a positive impact for all facilities in the area. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOT A: 1. That as apart of an expanded library building project, the Council will authorize up to $1,000,000 In funding for an approxImate fifty (50) stall lower level parking facility . Adopted by the City Council of Stillwater this 21 sl day of May, 2002 '- Attest: AJf~ ~?K~,- Mayor L/;;/lf~L/J J(l/?tX Diane F. Ward, City -Clerk 7 . City of Stillwater Heritage Preservation Commission September 3, 2003 Commissioner Tomten called the meeting to order at 7 p.m. Present: Commissioners Eastwood, Hark, Tomten and Kraske Absent: Commissioner Lieberman, Peterson and Johnson Others: Sue Fitzgerald, City Planner Approval of Minutes. Correction to August 4, 2003 minutes. Commissioner Tomten was not present at the August 4, 2003 meeting. Motion made by Chairperson Tomten, seconded by Commissioner Eastwood to approve the August 4, 2003 Heritage Preservation Commission minutes with correction. All in favor. Motion passed unanimously. (Minutes detail unrelated to the Stillwater Public Library project has been omitted herein) Case No. DR/03-52. Design review of renovation and expansion of Stillwater Public . library located at 223 North Fourth Street. John Mecum, Miller Dunwiddie Architects John Mecum was present to present the conceptual ideas of the renovation and expansion for the Library. Bill Hickey, President of the library Board was also present. The parking structure will be tucked under the east side. The library will increase from 13,000 square feet to 36,000 square feet plus the parking structure. The 1902 facade will remain untouched. The same materials will be used as in the 1973 addition. Conditions of Approval: 1. All revisions to the approved plan shall be reviewed and approved by the Heritage Preservation Commission. Motion by Commissioner Eastwood, seconded by Commissioner Tomten to approve conceptual plan. All in favor. Motion by Commissioner Eastwood, seconded by Commissioner Tomten to adjourn the meeting at 8:45 p.m. All in favor. Adjournment . Respectfully submitted, Sheila McNamara Community Development Department 8 . . . City of Stillwater Planning Commission October 13, 2003 Present: Robert Gag, Chairperson, David Junker, David Middleton, David Peroceschi, Karl Ranum, Paul Teske, Mike Dahlquist, Jerry Turnquist and Darwin Wald Steve Russell, Community Development Director None Others: Absent: Robert Gag called the Planning Commission meeting to order at 7:30 p.m. (Mmutes detail unrelated to the Stillwater Public Library project has been omitted herein) Case No. V/03-81. A variance to the north side yard setback (20 feet required, 10 feet requested), a variance to street setback (east) (30 feet required, 18 feet requested), a variance to the parking stall size (9'x 18' required, 8.5' x 18' requested) and a variance to the parking regulations (75 parking spaces required, 56 parking spaces requested) for the expansion and renovation of the Carnegie City Library located at 223 North Fourth Street in the PA, Public Administration District. John Mecum of Miller Dunwiddie Architecture, applicant. (continued from September 8,2003 meeting) Bill Hickey, President of the Library Board introduced the project and explained that this was a continuation from a previous meeting and that there was additional work done and invited any and all questions from the Commissioners. John Mecum of Miller Dunwiddie Architecture presented the completion of the schematic design phase and stated that the architects are continuing with the design process with the library board. This review is necessary because of the variances required to complete the project. The entire plan for the addition and renovation of the library is driven by three factors; respect for the historical aspect of the library, the need for an efficient modern facility that will meet the anticipated 20 year growth of the community and the desire to be a good neighbor to both the immediate neighborhood and the entire city. Joel Stromgren presented an overview of the project featuring views from each direction with elevations and materials descriptions. 9 . . . City of Stillwater Planning Commission October 13, 2003 Mr. Junker questioned why a variance to the parking stall size was requested. Mr.Stromgren explained that the variance would gain 4 to 5 parking stalls dependent on the column layout, bringing them closer to the parking space requirements. Mr. Middleton asked which side of the building is the 10 foot variance being requested for. Mr. Stromgren told him that it is the north side but only a portion of it because when Mulberry Street was vacated, the City deeded over the eastern 100 feet of the north half of Mulberry to an adjacent property owner. The northern half of the western 200 feet of Mulberry still belongs to the City. The existing building does not sit square to the lot lines Mr. Gag opened the public hearing. John Uppgren, of 10145 Arcola Lane, representing the Vestry of the Ascension Episcopal Church. In 1904 the Vestry deeded a portion of the lot that is impacted by this plan, to the library. There is a "reverter" clause in the deed that requires that the Library not build on a portion of that lot else the property reverts back to Ascension church. Mr. Uppgren stated that the church is currently in negotiations with the Library and they have retained legal council to continue these negotiations/conversations at a formal level, The church is also involved in conversations with City staff to review the deed. Mr. Uppgren is confident that these concerns will be addressed satisfactorily and if so, the church has no opposition to the variance requests being made. Kevin Sanderson, 304 Third St N, expressed his concerns regarding the chiller units near his dwelling. He feels that if the units were placed on the south side of the building there would be much less impact on everyone, probably only on church mornings. He is concerned for his tenants and his ability to rent out his three-plex. Mr. Stromgren assured him that sound abatement is a priority and specialty of Miller Dunwiddie and that they have created a structure that will obscure the units and mask the noise. Jerry & Cathy Heimberger of 303 North 4th St.-Aurora Staples Inn, a bed & breakfast. They are vehemently opposed to this expansion_ Their view will be of a three story high block wall, their property value will plunge and their ability to earn a living from the bed and breakfast will be adversely affected. Mr. Heimberger asked if this was a "done" deal, what the next step was. Barb Krinke, 110 E Mulberry St. strongly objects to the expansion and the fortress-like look of the building. 10 . . . City of Stillwater Planning Commission October 13, 2003 John Johnson, 311 Third Street N, questioned why the expansion was necessary. Is it for more storage, meetings, parking? What evidence is there that there is more traffic on Fourth Street than on Third Street? Have parking density studies been done or has anyone looked into parking in the Trinity lot? Jim Kent, 308 Third Street N, is generally against the expansion, not against the library itself. It is not a necessity especially as a site for parties and public meetings. He is interested in the management of the project. Where will construction trailers be parked, how will storm runoff be handled? Will the parking structure actually be for public parking? Who will manage, police this space when the library is closed? Eugene Dickinson, 231 Third Street North, feels that Third street does not need, nor can it handle more traffic. He also questioned who will police/manage the parking garage. Dave Middleton asked the Miller Dunwiddie group to address the concerns of the bed & breakfast owners regarding the side wall and their loss of a river view. The north wall will be of the same brick and stone appearing veneer that is already on the library. The height of the addition will tie in with the height of the 1973 addition. Studies have not yet been done from the various elevations of the B&B property to see what the sight-lines would be. Robert Gag closed the public hearing. Mr. Gag asked if a traffic study was done to verify that there is more traffic on Fourth Street than Third Street. Mr. Hickey pointed out that the traffic concerns are related to the emergency vehicle traffic that Fourth Street is a distributor of. As for the parking ramp, he stated that some years ago, the City did a district parking study that was the genesis for the Council requesting the Library to provide this parking. He pointed out that although there are parking lots to the south, they are not City lots, but owned by Trinity Lutheran Church. They already experience many conflicts as a result of the current lack of public parking. Mr. Ranum asked about the hours of operation of the parking ramp and the security and access to it. Mr. Hickey stated that two levels of security and control are planned on being provided. The possibility of swiping your library card through a mechanism that will raise an arm allowing you access to the parking facility. The other is some type of rolldown gate or fencing to entirely secure the facility when not in use. An active security 11 . . . City of Stillwater Planning Commission October 13, 2003 system. consisting of cameras and alarms, etc. is in the design. Mr. Teske pointed out to Mr. Ranum that the issue of the height of this structure, although a concern of the neighbors to the north, was not a variance issue. Mr. Junker, seconded by Mr. Wald. moved for approval with stated conditions and that the hours and type of usage of the parking ramp be worked out with City staff. Vote all in favor. Mr. Teske, seconded by Mr. Wald moved to adjourn the meeting at 12:25 p.m.; motion passed unanimously. Respectfully Submitted Kathy Rogness Acting Recording Secretary 12 'Meinorandum To: .From: Date: Subject: Planning Commission Steve Russell, Community Development Director October 9, 2003 Variance Review of Public Library Expansion Plan. Case No. V/03-81 A preliminary site plan has been submitted by the project architect for Planning Commission variance review. The variances requested are for building setbacks and parking. The site is located in the Public Administrative Zoning District (PA). Setbacks for the district are 30 foot front (street) and 20 foot side. The proposal is to have 10 and 18 foot side yard setbacks, consistent with the existing building lines and 18 foot setback from Third Street. For the street setback, the major portion of the building (parking structure) is setback 23 feet similar buildings on the north 26.5 feet and south 26.5 feet. In addition to the setback variance, a variance to parking is requested. The current library has 14 on site parking spaces (8 for public and 6 for staff). With the proposed addition, the six spaces would be lost and a new parking structure containing approximately 48 spaces would be built. This would bring total parking to 56 spaces. Additional on-street parking could be constructed along Fourth Street with a perpendicular parking design. Seventy five spaces are required based on the City requirements. No grading or drainage plans are provided with this submittal. These additional plans will be required for engineering review before final plan approval. · Parking garage access and building access off of Third Street is located on the north end of the building . This could create conflicts between pedestrians, parkers and library drop off, pickup traffic. This potential conflict area should be restudied for possible redesign. Findings: Because of the existing historic library and the desire to maintain the historic character and interpretation of the library, the side yard variances seem appropriate. The east street variances, (18 or 23 feet) is similar to the adjacent buildings (26 feet) and as stepped back, should not adversely effect the streetscape. Recommendation: Approval of front and side yard setback and parking variance with conditions of approval. Conditions of Approval. 1. Final detailed plans shall be submitted to the Heritage Preservation Commission and Planning Commission for final approval before building permits are issued. 2. A detailed site landscape plan shall be submitted. 3. A detailed grading/drainage plan shall be submitted and approved by the City Engineer. 4. A lighting plan shall be submitted. 5. Additional perpendicular parking off 4th Street in front of the library shall be considered to address parking requirements with final plan submittal. .6. The parking structure driveway slope shall be reviewed by the City Engineer for safe public access. 13 7. Fire protection standards for access and sprinklers shall be approved by the Building Official and Fare Chief 8. Usage for parking managed and coordinated by staff. `.- Attachments: Application and plans. CPC Action on 10/13/03: +9-0 approval 14 . Parking Agreement with Ascension Church In 1901, the City of Stillwater received $27,500 from Andrew Carnegie to build a public library. The site selected for the library covered six city lots between North Third and North Fourth Streets at Mulberry Street. The three lots on North Fourth Street were purchased by the City. The northernmost two and one half lots were donated by an individual. TIle southernmost half lot on Third Street was donated by Ascension Church. Ascension retained a right of reverter on thiS half lot. The expanded library, as designed, will extend over a portion of this half lot. When the library began planning the expansion project, we entered into negotiations WIth Ascension Church for use of this halflot. We have reached a tentative 10-year agreement. In return for surrendering its right of reverter to the City of Stillwater, Ascension be able to use the library parking facility on Sunday mornings and a few holidays when the library is not open for an annual rent of $2,500. . . 15 . Stillwater Public Library Library History and Projected Post-Expansion Operations February 2005 . . 16 . Table of Contents I. History of Public Libraries in the United States II. History and Formation of the Stillwater Public Library III. Organization of Libraries in Minnesota / Regional Public Library Systems IV. County Libraries in Minnesota and the Formation of the Washington County Library V. A Comparison of the Stillwater Public Library and The Washington County Library VI. Relationship and Common Services with the Washington County Library VII. Funding of the Stillwater Public Library VIII. Post-Expansion Operations . . 17 . I. History of Public Libraries in the United States Public library service in the United States grew out of the American ideal of free public education and democracy's need for an informed citizenry. One of the first true public tax-supported libraries was established in 1833 in Peterborough, New Hampshire. The public library movement spread throughout the country with the westward expansion. II. History and Formation of the Stillwater Public Library Before a public library was established in Stillwater, some service needs were met by the Stillwater Library Association, established in 1859; and by the Stillwater Lending Library, established in 1868. Neither entity was a public library _ Both were private, membership organizations which received no tax support. Usage was restricted, respectively, to a few private members or those with the ability to pay what were, for the times, fairly significant fees. . The Stillwater Public Library was established by a referendum held on November 2, 1897. The first library board was appointed by the City of Stillwater in 1898, and the library opened in rented quarters in 1899. In 1901, a Stillwater resident requested funds from Andrew Carnegie for a library building. Once the Stillwater City Council had passed resolutions to provide land for the structure and to support the operations of the new facility, Andrew Carnegie provided $27,500 for construction. The cornerstone for the building was laid in 1902 and the building opened in 1903. III. Organization of Libraries in Minnesota / Regional Public Library Systems In the Twin Cities metropolitan area, the city libraries of Minneapolis, St. Paul, Columbia Heights, South St. Paul, Bayport and Stillwater and the seven county libraries belong to MELSA (Metropolitan Library Service Agency), a federated regional library system. A compact developed by MELSA allows residents of the seven-county metropolitan area to use any member library and to borrow items from member libraries through interlibrary loan. MELSA provides its member libraries with access to electronic databases that the individual libraries could not afford themselves. Recently, MELSA has also been providing grants to member libraries to enhance technology. IV. County Libraries in Minnesota and the Formation of the Washington County Library . Prior to the 1950's, most public libraries in Minnesota were city libraries. In the 1950's, legislation was passed in Minnesota to enable the formation of county libraries to serve sparsely populated rural areas. 18 . Beginning in 1904, under contract with the Washington County Commissioners, county residents were eligible to use the Stillwater Public Library. By 1962, there were five public city libraries in Washington County in the cities of Stillwater, Newport, Bayport! Forest Lake and Willernie. Additional contracts opened the libraries of Forest Lake! Bayport and Newport to county residents. From 1956 to 1966, county residents were also served by a bookmobile, operated from the Stillwater Public Library. With population growing in the county, County Commissioners established the Washington County Library in 1966. The Washington County Library opened its first branch library in Lake Elmo in 1967. The Willernie Public Library affiliated with the county library in 1968. Within the next few years! three additional branch libraries opened. In 1976, the Stillwater, Bayport, and Forest Lake Public Libraries signed agreements for reciprocal services with the Washington County Library. V. A Comparison of the Stillwater Public Library and the Washington County Library . The Stillwater Public Library! the Bayport Public Library and the Washington County Library cooperate on a daily basis to afford residents of the area the ability to access collections and services throughout the county. Many functions, like the system that automates basic library functions, are shared. With the primary responsibilities of serving their own residents and responding to their own funding authorities, however, each library has developed its own mission! goals, and personality. In periodic long range planning efforts, the Stillwater Public Library has assessed community needs and developed its mission of serving the lifelong learning needs of residents. The library's services, collections! and personality are a direct result of this mission. In its own long range planning, the Washington County Library has developed its mission and services. One noticeable difference that has resulted from these differing missions is the emphasis that the Stillwater Public Library places on services to youth. In an effort to attract inspire and maintain youth participation, the library has two professional librarians whose training, experience, and enthusiasm have resulted in a strong, multi-faceted program for children and teens. Although the Washington County Library provides some services to youth! they do not have children!s specialists in their branch libraries or on their administrative staff- . The Stillwater Public Library also provides programming for adults around their lifelong learning interests. In cooperation with other Twin Cities program providers! we have offered writing classes, music education and discussion series, author appearances, reader's advisory programs, and book clubs. These 19 . programs are designed to give adults a deeper knowledge and appreciation of our collections. They also create a sense of community around shared interests. Our current strategic plan also stresses the development of services to seniors! a growing population in the community. In addition to providing Internet training for this age group, we are developing other programming opportunities. We are hoping to attract more seniors to our volunteer program! both to keep them active in the community and to find an experienced group of individuals who will extend the service reach of the library. The collections of the two libraries also reflect their difference in mission in their emphases. The Washington County Library's collection emphasizes popular materials, whereas the Stillwater Public Library emphasizes materials to support the lifelong learning interests of its community including significant reference and nonfiction collections. This is also seen in the number of copies purchased. WCL tends to purchase more copies of fewer titles while SPL will buy proportionately more single copies of titles. Historically! SPL has devoted more funds per capita to library materials. . In response to the community!s interest in its history, the Stillwater Public Library has also collected materials on the history of the area. The Saint Croix Collection is used by students! independent researchers, and community members curious about the history of the area. The library staff works to make these resources as accessible as possible to the public. Beyond its nUssion to serve the lifelong learning needs of residents! the Stillwater Public strives as an organization to participate with other area agencies to foster a sense of community and improve life in Stillwater. The library cooperates with some 40 agencies annually in this endeavor. A direct comparison of the operational costs of the two libraries is complicated by a number of factors. Both libraries receive services from their parent unit of government, but they receive different services. Pay structures for employees are also different. Since passage of the State of Minnesota's pay equity legislation, compensation plans at each library bear far greater resemblance to the plans of their parent governmental unit than to the plan of the other library. VI. Relationship and Common Services with the Washington County Library . Although the Newport and Forest Lake Public Libraries eventually merged with the Washington County Library, the Bayport and Stillwater Public Libraries have not. There are a number of reasons why the Stillwater Public Library and the Bayport Public Library have developed contracts with the Washington County Library but have retained their own independence. By law! 20 . . . the Stillwater Public Library's status can only be changed by a public referendum because the Library was created by a public vote. Stillwater may also retain local control of the library by participating with the Washington County Library through means of a contract rather than through merger. In addition to providing the services that this community wants, local control helps to attract private funds. In the feasibility study that preceded the library's Capital Campaign, a number of potential donors stated that they would give to the campaign only if they were assured that decision making would remain in local hands. Even with a merger with the county system/ the City of Stillwater might be required to contribute to the operations of the library under the state's Maintenance of Effort Law. There is also some evidence that the Washington County Library may be changing its long-term philosophy on the funding of library facilities. Historically, all WCL facilities have been constructed or rented by the county, but in recent discussions, such as the possible reopening of the Lake Elmo Branch Library/ WCL may be looking for city help in the funding of facilities. Instead of merger, the two libraries have chosen a cooperative relationship of long standing. Under contract, the County Library provides a number of services to the Stillwater Public Library and also includes the City Library in many activities/ which allows the Stillwater Public Library to benefit from economies of scale while retaining features that are not found in Washington County Library branches. VII. Funding of the Stillwater Public Library The library is funded by the City of Stillwater. The percentage of the City's budget that supports the library has remained fairly steady for the past fifteen years as evidenced by the table below: Year - Total City Bud~et -- Transfer to Library from General Fund Library as Percent of City Budget 9.51% 10.30% 9.95% 10.40% 10.28% 10.40% I 10.53% I 10.37% 1 10.76% I 10.44% 11.33% 11.06% 12005 12004 1 2003 - 2002 2001 2000 1999 11998 11997 1996 1995 1994 883,901 841,295 786,945 818A82 749/941 699,572 I 671/612 647) 96 635/700 565,203 544,705 517/862 9/294,679 8)70/090 I 7/908~062 -1- 7/870/219 7/297,267 6/726~054 I 6/377/957 6/238/354 5/908A97 5A13/030 4/806/082 4/683,993 I 21 . . . 1993 1992 / 1991 519,712 505,593 478,963 11.51 % 11.66% 12.72% I 4,516,256 4,336,228 3,764,966 VIII. Post- Expansion Operations A. Costs With the growth of population in the city and the expansion of the library it would be expected that some costs of operation will increase. This document seeks to identify the costs due to the increase in size of the building. Some increased costs may be quickly offset by savings: for example, the increase in janitorial supplies will be more than offset by the reduction in the costs of building repairs. There are two areas where we see increases that will have some effect on operating costs - personnel and utilities. Personnel The building has been designed to operate very efficiently as far as library service staff is concerned. We do believe, however, that an additional part- time 28 hour per week Library Associate position will be needed. At current wage and benefit rates, this is estimated to be $32,000 per year. As time passes, any staff attrition or retirements will allow us to move to a new staffing plan suited to the new configuration of the building, which may allow for future cost reductions. The library projects that additional facilities staff will be needed because of the larger facility and to manage facility rentals. At this time, we are projecting an additional 10 hours per week for existing staff and another 20 hour per week position. At current wage and benefit rates, this is estimated to be $33,000 per year. Utilities Although the new mechanical, heating, cooling and venting systems will be significantly more efficient to operate, the costs for utilities in the expanded building will increase. This is due in part to the increased size _of the facility; but, more importantly, it is due to the artificially depressed cost of utilities in the existing building. The existing building does not meet code for fresh air exchange and ventilation. The project engineers estimate, using prices in February 2004, the annual cost of utilities will be about $52,000 compared to utilities costs for the existing building for 2004 of $22,000, for a projected increase of $30,000. 22 . To offset at least part of the increased costs above, the planned library has some possibilities for realizing revenues (see Revenues Below). B. Revenue According to state statute, the basic services of a public library in Minnesota must be free to its residents. This has meant that the Stillwater Public library has had very few avenues to generate revenues. The expanded library has been designed so that SPL may generate revenues that will help to cover the increased costs of operating a larger facility. These revenues would corne from four operations: room rentals, gallery sales, concessions, and parking fees. . Room Rentals There is adequate meeting space in the design of the expanded building to accommodate both library programs and the offerings of community organizations. Another feature of the design is the ability to enter the building and use the meeting spaces at times when the library is closed. Due to this feature, it will be possible to rent the meeting rooms and terrace for private events, including weddings and conferences. Although policies are yet to be created, rental uses could generate revenue for the library. The library meeting wing and terrace will be a very attractive venue, and there appears to be more than enough unmet demand for such spaces. Gallery Sales The meeting room wing includes a gallery area. In addition to works for exhibit only, the library intends that local artists may periodically show and offer their works for sale_ Either Friends@Stillwater Public Library or the library itself could receive some commissions for these sales. A similar program has been quite successful at Lakeview Hospital. Concessions The library expansion has been designed to include a refreshment area. We are still gathering information about what would be included and who would operate these concessions. We could operate our own service or rent the space to a vendor. Many libraries now have full-fledged coffee shops on their premises. In another approach, Lakeview Hospital has a coffee cart that also sells some food. In 2005, the library will develop a business plan for these concessions. . Parking The parking facility will be used by library patrons for those hours that the library is open. In return for removing its right of reverter, however, Ascension Church will annual pay rent of $2,500 to use most of the library spaces on Sunday mornings. As the parking facility is only three blocks 23 . . . from Main Street, we may also be able to raise rental funds for certain events and on selected days when there is a great need for parking in the city. C. Library Foundation Heretofore, the library has not had a development office or a regular fund raising effort. The library Board is currently seeking directors for a Stillwater Public Library Foundation that would conduct annual campaigns, raise funds for special projects and further develop endowed funds for the support of the library's collections and programs. For the initial several start-up years, it is the intent to raise $25,000 annually to supplement the library's annual materials budget (which for a number of years has been approximately $100,000). The longer range goals will likely include an effort to assist in funding other aspects of the library's operations. The Foundation will be a separate not-for-profit corporation with members of the Board of Directors being from the Stillwater area and not limited to City residents, thus providing opportunities for seeking contributions from area-wide residents who use the library. 24 . . . l~lJ)IIII~ILJll(;I, l)llYS 1~I~S'rl'Tlll~ llSSC)(;lll'rIC)N, IN(;. February 24, 2005 To: Mayor Jay Kimble Councilman Dave Junker Councilman Ken Harycki Councilman Wally Milbrandt Councilman Mike Polehna Administrator Larry Hansen From: Dave Eckberg St. Croix Events, Inc. RE: Lumberjack Days '05 Lumberjack Davs '05 ProDosal Here is our proposal for Lumberjack Days '05. This is based on four Lumberjack Days Advisory committee meetings and the consensus gathered from those meetings Our Lumberjack Days dates for 2005 are Thursday July 21 through Sunday July 24. We are proposing the following from the City of Stillwater for Lumberjack Days '05. Exclusive use of Lowell Park North and South and Pioneer Park during the celebration. The City to allow us to vend beer in Lowell Park North under the same guidelines that have been developed in the past. In return Lumberjack Days will: Agree to end park activities at 10 p.m. Schedule musical entertainment for Lumberjack Days '05 only after approval by the entertainment committee with an objective of scaling back the musical entertainment. Develop a detailed site plan and present that plan for approval at a later date. P.O. Box 21 . Stillwater, MN 55082 . Phone 651/430-2306 . Fax 651/430-0553 www.lumberjackdays.com Develop additional internal security measures that address alcohol . consumption within the festival area. Contribute to the City of Stillwater for police and fire protection costs. Erect fencing at its cost to secure Lowell Park as approved by City officials. Exits will be designed to guarantee that crowds can exit safely. Provide portable restrooms for the festival area and the Downtown area at its cost. Assume responsibility for cleaning Lowell Park and Downtown. Provide area residents with information at an early date regarding festival content. Provide area residents information regarding benefactors of the celebration. Conduct a marketing workshop for Historic District businesses to provide information about the festival and to discuss potential marketing opportunities within the event. Work with City staff to develop a parking and shuttle plan for Lumberjack Days '05. . End Lumberjack Days '05 with the parade on Sunday July 24. As always I will work with City staff to coordinate services. . . . . . CITY OF STILLWATER CITY COUNCIL MEETING NO. 05-05 February 15, 2005 SPECIAL MEETING 4:30 P.M. Acting Mayor Junker called the meeting to order at 4:30 p.m. Present: Absent: Councilmembers Polehna, Milbrandt, Harycki, and Junker Mayor Kimble Others present: City Administrator Hansen City Attorney Magnuson Police Chief Dauffenbach Fire Chief Glaser Public Works Director Eckles City Clerk Ward OTHER BUSINESS Discussion on Lumberiack Davs City Administrator Hansen stated that Mr. Eckberg had asked to remove this agenda item, as he was not ready. Mr. Hansen asked if there were any questions the Council wished to ask staff. Council member Milbrandt asked Fire Chief Glaser to comment. Mr. Glaser said he and Police Chief Dauffenbach have been looking at fire code and public safety issues, in particular the number of people allowed in the fenced-in area of Lowell Park.Based on the existing configuration, Mr. Glaser said the occupant load of the area is 9,180. Using an overhead photo provided by the State Patrol, it is estimated that 16,000-20,000 were in the area on Saturday night at last year's Lynerd Skynerd concert. Mr. Glaser noted that the photo was taken before dark and the estimate of the crowd is for the fenced-in area only. Fire Chief Glaser explained that the current fenced-in area is 4.75 acres. Eliminating the space occupied by vendors, port-a-potties, show and display areas, the usable space for attendees is 131,000 square feet, enough to accommodate a crowd of 26,000. The limiting factor, Mr. Glaser said, is the amount of exit space. Under the current configuration, there is 153 square feet of open exit space, making the occupancy load 9,150 people. For every additional 1 0 feet of open exit space, an additional 600 people can be accommodated, he said. There was discussion of the number of people in the downtown area in general. Councilmember Harycki suggested the City can't solve the issue of the number of people inside the fenced area and ignore the number of people outside the fenced area. City Council Meeting - 05-05 February 15, 2005 . The crowd was "too much," he said. Mr. Harycki brought up the issue of the beer . garden and suggested there was considerable underage drinking, as there was no control of the beer after it is purchased. Councilmember Milbrandt said it is time for the City to set parameters and provide Lumberjack Days organizers with guidelines. Mr. Milbrandt noted that Lumberjack Days involves over 40 different events that people participate in. The challenge, he said, is to take major steps so that 10-12 hours of one event, the Saturday night concert, does not become the centerpiece of discussion. There was considerable discussion as to how to control the event. Councilmember Milbrandt suggested that eliminating media publicity in certain outlets, eliminating nationally-known performers and having a "real" fenced-in beer garden would solve many problems. Councilmember Junker suggested that the type of band does dictate the crowd, noting that other national names such as last year's Little River Band and Pat Benatar did not draw nearly as many folks as Lynerd Skynerd and REO Speedwagon. Councilmember Harycki suggested that the crowds will come regardless of the band because of the availability of alcohol, and he said that controlling the band will not solve everything. Councilmember Milbrandt noted that 65 percent of the event funding is alcohol-based.. He suggested that organizers should cut expenses and lessen the dependence of funding on beer garden sales. Councilmember Junker called Lumberjack Days an "incredible" City and visitor event. He said the focus should be on how to maintain great events and not be so punitive as to destroy the event because of last year's Saturday night. Councilmember Harycki said people are expecting change and the Council has to deliver on those changes. Councilmember Polehna agreed with Council member Junker, saying he had received calls from people telling him the Council should not destroy Lumberjack Days. Mr. Polehna said Police Chief Dauffenbach and Fire Chief Glaser need to get involved and said he was more concerned that controls be in place for the concert area. Councilmember Harycki suggested that the event has evolved into a rock fest. Councilmembers Junker and Polehna disagreed with that assessment. Councilember Polehna spoke of the Lumberjack Days kick-off event at the Historic Courthouse, a family event that drew about 2,000 people last year. Councilmember Junker brought the discussion to a close by noting that the Council Will. be relying heavily on the recommendations of the Lumberjack Days advisory committe Page 2 of 14 , . . . City Council Meeting - 05-05 February 15, 2005 Councilmember Harycki, who serves on the advisory committee, noted that having been without the benefit of Police Chief Dauffenbach's voice until recently, the committee is back to "square one." Mr. Harycki also noted it is the Council that will have to vote. Discussion on Trunk Hiohwav 36, response to Mn/DOT Public Works Director Eckles reviewed the history of the Highway 36 improvement proposals. At one point prior to the lawsuit over the new river crossing, MnDOT had been prepared to award bids. MnDOT's preferred alternative is the 1995 plan that provides for at-grade crossings at Greeley, Washington and Osgood. There would be some improvements at Greeley Street, some work at Osgood, with Washington Avenue to remain pretty much as is. Mr. Eckles said the plan adds some capacity at the interchanges, but the improvements are minimal. Council member Junker suggested the most important issue in MnDOT's communication is the suggestion that without additional funding, the new bridge might not proceed until 2025. Councilmember Milbrandt agreed that the City needs a new bridge more than Highway 36 improvements. Mr. Milbrandt suggested it would not be in the City's best interest to jeopardize moving forward with a new bridge for another 20 years in favor of holding out for two concepts for Highway 36 improvements that have yet to be approved. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki to adopt Resolution 2005-42, resolution supporing Mn/DOT's efforts to obtain approval in additional funding for the V-1 Stillwater River Crossing and Trunk Highway 36 at-grade intersections with wording that provides that future changes to the Highway 36 plans may be considered at a later date. Ayes: Council members Harycki, Junker, Milbrandt and Polehna Nays: None Absent: Mayor Kimble Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, to adjourn at 5:30 p.m. All in favor. REGULAR MEETING 7:00 P.M. Acting Mayor Junker called the meeting to order at 7:03 p.m. Present: Absent: Councilmembers Polehna, Milbrandt, Harycki, and Junker Mayor Kimble Others present: City Administrator Hansen City Attorney Magnuson Page 3 of 14 City Council Meeting - 05-05 February 15, 2005 , Police Chief Dauffenbach Fire Chief Glaser Community Development Director Russell Public Works Director Eckles Finance Director Harrison City Clerk Ward . APPROV AL OF MINUTES Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to approve the Feb. 1, 2005, regular and recessed minutes. All in favor. 3 PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Acting Mayor Junker welcomed members and leaders of Boy Scout Troop 125, St. Mary's Church, who were in attendance. OPEN FORUM No one was in attendance who wished to address the Council. STAFF REPORTS City Clerk Ward reported the City's new web site should be on-line later in the week. . She highlighted items the new site features, including a public input reporting form. She said a web committee consisting of a representative from each department has been working on developing the new site for over a year and will continue to meet to update the site. She thanked the web committee members for their hard work. Councilmember Junker said the new site looks great and is a great resource for the community. Community Development Director Russell reported that a public meeting was scheduled for Feb. 17 to obtain input for planning a new park at the Munkelwitz property the City recently purchased. Councilmember Milbrandt said the new park will be a community- wide park and urged interested residents to attend the Feb. 17 meeting. Public Works Director Eckles reported that staff has been working with the Mills on Main developers at getting permits in order so construction can begin. Mr. Eckles stated that as part of the project, the old retaining wall along Second Street will be removed and replaced and a new fence installed along the retaining wall. The fence could either be placed on private property or on city property along the sidewalk. Mr. Eckles said it is the recommendation of staff that the fence be placed on public right-of-way, but that will require a license agreement with the Mills on Main owners. City Attorney Magnuson stated such licenses are a standard mechanism and protect the City from liability. Mr. Russell noted the Council might like to consider the POSSibilit. Page 4 of 14 , City Council Meeting - 05-05 February 15, 2005 . of installing pedestrian lighting, similar to that along Main Street, from Second and Mulberry to Pioneer Park as part of the project. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, moved to approve the fencing license agreement and to direct staff to pursue the concept of extending lighting along Second Street to Pioneer Park as part of the project. All in favor. CONSENT AGENDA Resolution 2005-40, directing payment of bills Request to purchase six radio pagers - Fire Department Resolution 2005-41, approval of St. Croix Caterers Management Agreement for Recreation Center and Lily Lake Area - 2005 Approval of installation of banner - Valley Chamber Chorale - February 16-March 6, 2005 Approval of return of donation - Mary Rita Trail Possible approval to purchase MDT for police squad car Councilmember Harycki asked that item NO.3 be removed for discussion. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to approve the consent agenda removing item NO.3 for discussion. . Ayes: Councilmembers Harycki, Junker, Milbrandt and Polehna Nays: None Absent: Mayor Kimble Regarding item No.3, Councilmember Harycki said he had nothing against the management agreement, he just wondered whether the contract should be put out to bid as a possible way of saving money. Council member Polehna said from his professional experience, St. Croix Caterers has done a tremendous job at managing the facility. Councilmember Milbrandt noted the issue comes up at the Park Board every year and suggested that the contract could be reviewed next year. Councilmember Polehna stated he would like to see the contract be reviewed by the Park Board before it comes to the Council. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, to adopt Resolution 2005-41, approving management agreement with St. Croix Catering, with the recommendation that before the contract is renewed next year, it be reviewed by the Park Board for the Park Board's recommendation. . Ayes: Councilmembers Harycki, Junker, Milbrandt and Polehna Page 5 of 14 City Council Meeting - 05-05 February 15, 2005 , Nays: None Absent: Mayor Kimble . PUBLIC HEARINGS This is the date and time for a oublic hearina to consider a new Wine & Stronq Beer liquor n_ _____. _ _ ____..._.._________ _ ......_____ ____________ license for C&G Sukooo, DBA: Murasaki located at 1491 Stillwater Boulevard, aoolicant Gary ---- --- --- & Chi Sukooo. City Clerk Ward noted that public hearings are required for new licenses. License approvals are subject to background checks, review by staff related to fire and other code issues, review by the Finance Department, and review by the Minnesota Liquor Control. Acting Mayor Junker opened the public hearing. No comments were received, and the hearing was closed. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to adopt Resolution 2005-43, approving new wine with strong beer liquor license for C&G Sukopp, LLC, DBA Muraski contingent on the necessary reviews and approvals. Ayes: Councilmembers Harycki, Junker, Milbrandt and Polehna Nays: None Absent: Mayor Kimble . Case No. V/04-83. This is the dav and time for the oublic hearinq to consider to consider a request from Tonv Kerschbaum for a variance to the front vard setback (30 feet required. 10 feet requested) for the construction of a sinale familv residence located at 2015 Lake Street in the RB, Two Familv Residential District. Flood Plain and the Bluffland/Shoreland District. Community Development Director Russell reviewed the request. He stated properties in the Bluffland/Shoreland District are regulated by City ordinance, consistent with Department of Natural Resources regulations. He noted the Planning Commission had reviewed the request and recommended the new home be limited to one story above street level. The request, he said, is to construct a home on slopes greater than 12 percent, probably as great as 25 percent. A survey was required of the property owner, and a revised survey received the day of the Council meeting. He noted the applicant had waived the 50-day period, but the City is approaching the 120-day limit for taking action on the request. Mr. Russell said the applicant has revised his plans from two to three levels to include two sub-basements, as well as one story above street level. Councilmember Junker asked if the additional level would increase the structure height. Mr. Russell responded the additional level does not increase height; it eliminates the need for fill to adjust to the grade of the site. . Page 5 of 14 f City Council Meeting - 05-05 February 15,2005 . Molly Shodeen of the DNR was present. She stated she had just received the revised survey and still has her previously stated concerns, noting that this parcel involves greater slopes than the DNR has ever approved for building. Councilmember Harycki asked if approving the request would undermine the City's slope ordinance and set a precedent. City Attorney Magnuson said the Council has given very few variances to the slope ordinance, noting that this request is nearly double what is allowed by ordinance. Mr. Russell pointed out that this parcel is a lot of record, and there was a structure on the parcel previously. Council member Mayor Junker opened the public hearing. . Tony Kerschbaum addressed the Council. He pointed out that a home on the lot to the north of this parcel burned down, and the owner was allowed to rebuild on a parcel of greater slope than his. Also, the owner of the property to the south, the old Rumpf marina, has been granted permission to tear down an existing structure and rebuild. He said he was not asking for special treatment, just that he be treated like the adjacent properties. He noted that the second sub-basement eliminates the need for a retaining wall between the proposed house and the river. He also noted the house to the north created a high dirt bank when the house was rebuilt, and this new plan addresses that erosion problem. When questioned by Councilmember Junker, Mr. Kerschbaum said some retaining walls will still be necessary on the sides of the property. Councilmember Milbrandt stated he was concerned about the timing issue, with the revised survey received just prior to the 120-day limit for taking action. He said he would be in favor of denial and sending the request back to the Planning Commission.. City Attorney Magnuson pointed out that if denied, the applicant could not come back with another proposal for a year. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to deny without prejudice, which eliminates the oneyear waiting period and directed City Attorney Magnuson to prepare finding of facts for the next Council meeting. Ayes: Council members Harycki, Junker, Milbrandt and Polehna Nays: None Absent: Mayor Kimble This is the date and time for a Dublic hearino to consider the rehabilitation of street. storm sewer. water. curb and outter. and sidewalk imorovements for Deer Path. Deer Path Court and sections of Hancock Street. Marsh Street. Fifth Street and Olive Street . Assistant City Engineer Sanders reviewed the proposed improvements and the estimated assessments. He noted that approximately every three years, city staff does Page 7 of 14 City Council Meeting - 05-05 February 15, 2005 , a pavement rating. The streets included in the 2005 improvements are among the wors.l... rated streets. In addition to the street improvements, the proposal calls for sidewalks o. the west side of Deer Path, the extension of about 300 feet of sidewalk on South Fifth Street, and replacement of galvanized water services in the older project areas. There is a 50-50 share of cost for street improvements. Replacement of water services is assessed 100 percent to the property owners; owners do have the option of securing their own contractor to do the water service work, he said. If approved, he said the city could prepare bids and specs in March, award bids in April, with work to begin in May. An assessment hearing would be scheduled in September after completion of the work. Public Works Director Eckles referred to a memo from Community Development Director Russell regarding the proposed sidewalks on Deer Path. Mr. Eckles noted the sidewalks would provide a connection in the City's comprehensive trail plan. The Planning Commission also recommended sidewalks as part of the recently completed Boutwell area traffic study. Councilmember Harycki stated he had been out knocking on doors on Deer Path and did not get a strong sense of support for the sidewalks. Acting Mayor Junker opened the public hearing Stuart Rivall, 1307 5th Street S. said the improvements are needed, but said it would be nice if owners were given some time to budget for the $6,000 assessments. He also . noted that the new homes in the area of the former Rose Floral, where he lives, have sidewalks and new water services. He asked if they would receive credit for the sidewalks. Mr. Eckles responded that folks who live in new homes with sidewalks and new water services will not be assessed for those improvements. Regarding advance notification, Mr. Eckles pointed out that is limited by state statute to one year at most. Mr. Eckles encouraged residents to look at the city's web site to see how their street is rated and the likelihood that a street improvement project might be forthcoming. Regina Collis, 1323 5th Street S, noted that 5th Street South currently is torn up. She said it would make sense not to have to tear the street up a second time and asked about the possibility of scheduling work on 5th Street South early on. Mr. Eckles stated it was too early in the project to know if that would be possible, but agreed that the City could talk with the contractor regarding that possibility. William Kieper, 1301 5th Street S, wondered when assessments would start appearing on property taxes. He also noted that 5th Street has a high amount of traffic due to the proximity of the Junior High and wondered if there was some kind of guarantee that the street improvement would last for more than five years. Mr. Eckles noted that the proposed improvements are a "hefty" street section. He said the City expects a street lifetime of 20 years. If the road deteriorates in less time than that, he said there is a formula for reducing the assessments by a proportionate amount for any future neede. Page 8 of 14 City Council Meeting - 05-05 February 15, 2005 . project. If not paid in full by Nov. 15, assessments would start appearing on the following year's property tax statement. Mary Lunzer, 516 W. Hancock, asked about the proposed width of West Hancock and asked who would pay for removal of trees if the street is widened. She also asked how to find out if her residence has galvanized water service. Mr. Eckles stated that Hancock would remain the same width. He said Ms. Lunzer could talk with him about the water service. Joleen Graven, 1220 5th Street S., said she lives at the corner of Marsh and 5th Street South. She asked if work would be done on both street at once, and, if so, how she would access her property. Mr. Eckles pointed out that the contractor is required to maintain access. However, he noted occasional problems are created due to weather conditions. Ms. Graven also asked whether consideration had been given to extending the sidewalks all the way to Churchill. She stated she thought that would be a good idea considering the number of kids in the area who currently have to walk in the street. . Richard Miller, 801 Autumn Way, representing Our Saviors Lutheran Church - Mr. Miller asked whether the church would assessed for an unbuildable lot it owns. Mr. Sanders replied the church would not be fully assessed for the lot in question. Mr. Miller also noted there is a biking/walking path along the west side of the church and raised a question about whether that path might not provide sufficient access and eliminate the need for sidewalks on the west side of Deer Path. John DeLeon, 206 Deer Path, thanked Council member Harycki for taking the time to talk with residents on his street. He stated most of the residents on that street are not in favor of sidewalks. He said the road needs to be improved, but sidewalks are not needed. Teresa Jacobson, 1213 5th Street S., spoke in favor of extending the sidewalks on 5th Street South all the way to Churchill. She expressed a concern about the number of elementary school children and senior citizens who currently have to walk in the street. David Harrison, 920 5th Street S., questioned the equitability of assessments. Mr. Eckles noted that the City policy is to assess by unit basis, due to the varying size of lots on east-west streets versus north-south streets. Beverly Diemler, 1104 5th Street S., stated support for the project and for the sidewalks. However, she stated that considering the street is in such a high public use area, the proximity to the Junior High, the City ought to contribute more for the cost of providing the sidewalks. . A resident living at 1116 5th Street S, questioned the definition of unit for assessment. He stated he has a larger lot and was concerned about the possibility of a double assessment. He also asked about the policy regarding replacement of water services. Mr. Eckles stated if a property cannot be subdivided, it is considered one unit for Page 9 of 14 City Council Meeting - 05-05 February 15, 2005 assessing. Mr. Eckles stated the City only replaces the water service from the main to . the property line; the property owner is responsible from the property line to the home. Mr. Eckles noted that the homeowners elect how to deal with the water service from the property line to the home. Michael Erickson, 212 Deer Path, thanked the Council for the traffic diversion measures that were recently undertaken. He stated he would like to see the City do a little more in implementing traffic calming measures, rather than just repaving the road, which he said would be an invitation for increased speeds. He also stated that as a parent, he was willing to pay for sidewalks and sacrifice part of his yard to accommodate sidewalks if need be. Terry Rogers, 1339 5th Street S., stated residents in this area of 5th Street are dealing with a bad mud situation at the present time and would not like to have to contend with the existing street condition until Mayor July. He said it would be nice ff some additional gravel could be put down now. Jerod Prom, 156 Deer Path, expressed his thanks for the traffic diversion measure. He stated he was in favor of sidewalks. Kids currently have to walk through people's yards to get to friends' homes. Acting Mayor Junker closed the public hearing. The Council recessed from 8:40 to 8:50 p.m. . Councilmember Milbrandt asked for a clarification of the proposal for sidewalks on 5th Street South. Mr. Eckles said the proposal is to extend the sidewalk by about 300 feet. Councilmember Junker asked about revisiting the possibility of extending the sidewalk all the way to Churchill. Councilmembers Milbrandt, Polehna and Junker all spoke in favor of providing sidewalks on Deer Path. Councilmember Harycki said he would just like more feedback on that proposal, saying he did not want to push the proposal on residents without more input. City Attorney Magnuson noted that this resolution requires a fourth-fifths vote. Councilmember Junker said he would like to see extending the sidewalk on 5th Street South all the way to Churchill bid as an alternate. Councilmembers Milbrandt and Polehna accepted that as an amendment to their motion. Roll call vote was taken. Motion by Council member Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2005-44, ordiner improvement and preparation of plans and specifications for the 2005 Street Improvement Porject (Project 2005-02) Ayes: Councilmembers Harycki, Junker, Milbrandt and Polehna Nays: None Absent: Mayor Kimble . Page 10 of 14 f City Council Meeting - 05-05 February 15, 2005 . UNFINISHED BUSINESS Possible aooroval bond sales - Dave McGillivrav. Sorinasted Inc. Mr. McGillivray stated bids were received earlier in the day. Five bids were received on the $1,480,000 general obligation capital outlay bonds, Series 2005A, with the best bid interest rate of 3.0789 submitted by Piper Jaffray. Four bids were received for the $3,160,000 general obligation refunding bonds, Series 2005B; Wells Fargo was the low bidder at 3.6332 interest rate. Wells Fargo also was the low bidder on the Series 2005C, $2,695,000 sports center refunding bonds. All of the bids were better than estimated in January and will result in significant savings for the City. Mr. McGillivray told the Council that the City had received a credit rating of AI from Moody's Investor Service. Moody's review cited the City's potential for significant tax base growth; its healthy financial operation with adequate reserves/fund balance; and the City's moderate debt burden. Mr. McGillivray said Moody's rating was "good news" for the City. . Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, to adopt Resolution 2005-45, Resolution Accepting Proposal on the Competitive Negotiated Sale of $2,695,000 General Obligation Sports Center Refunding Bonds, Series 2005C, and Levying a Tax for the Payment Thereof; Resolution 2005-46, Resolution Accepting Proposal on the Competitive Negotiated Sale of $1,480,000 General Obligation Capital Outlay Bonds, Series 2005A and Providing for Their Issuance, and Resolution 2005- 47, . Resolution Accepting Proposal on the Competitive Negotiated Sale of $3,160,000 General Obligation Capital Outlay Refunding Bonds, Series 2005B, and Levying a Tax for the Payment Thereof. Ayes: Councilmembers Harycki, Junker, Milbrandt and Polehna Nays: None Absent: Mayor Kimble Possible second readina of Ordinance No. 953. an ordinance amendina Chaoter 31 of the Stillwater City code. Zonina. &31-1. Subd. 12: RB-Two familv District (first readinq 2/1/05) City Attorney Magnuson noted the first reading of the proposed amendment was held on Feb. 1, 2005. Mr. Magnuson noted the Planning Commission recommended the amendment in order to correct two inadvertent omissions in the ordinance and to correct an inconsistency in the regulations relating to the size of garages and accessory buildings. . Motion by Councilmember Polehna, seconded by Councilmember Milbrandt, moved to adopt Ordinance No. 953, an ordinance amending Chapter 31 of the Stillwater City Code, Section 31-1, subd. 12, RB- Two Family District. Page 11 of 14 City Council Meeting - 05-05 February 15, 2005 'I Ayes: Councilmembers Harycki, Junker, Milbrandt and Polehna Nays: None Absent: Mayor Kimble . Possible approval of lobbvist contract for 2005 City Administrator Hansen noted that at the last meeting, the Council indicated it wished to see the proposal from the other party who had expressed a possible interest in representing the City's lobbying interests. That person, Mr. Campbell, is not interested in working with the City at this time due to another opportunity. Mr. Hansen also stated that Mr. Campbell indicated it would not be in the City's best interests to switch lobbyist when it is involved in such an important project as the levee wall. Mr. Hansen recommended that the City continue to retain the services of Ed Cain at a cost of $46,000, the same as last year. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to adopt Resolution 2005-48, approving contract with Legislative Associates. Ayes: Councilmembers Harycki, Junker, Milbrandt and Polehna Nays: None Absent: Mayor Kimble Mr. Cain was present and provided the Council with a brief update. He stated the City i~ in good shape at the State to get legislation extending the contract with the DNR . through 2007. Such language is in the Senate bill and there is a good chance it will be included in the House version, he said. Mr. Cain also stated he has contacted all of the City's Congressional delegation in an effort to get the Corps of Engineers to come up with the $2 million for the levee project that the Corps redirected and now say it does not have. Mr. Cain said each one of the Congressional delegates has assured him that they will work on the issue, and Mr. Cain said he expects "some action" as a result. Request for consideration of develooment in Boutwell South Area bv Manchester Homes (tabled from 1/18/05 meetinq) Representatives from Manchester Homes not present. NEW BUSINESS Update on Trail Plan Community Development Director Russell stated that in March 2005, the City Council reviewed progress on the City Trail Plan improvements. The plan was referred back to the Parks Board and Planning Commission for study, update and recommendation on additional trails. He said that the Planning Commission, Parks Board and Joint Board . Page 12 of 14 , . . . City Council Meeting - 05-05 February 15, 2005 reviewed the trail system and recommended adding some trail segments to the trail system mainly in the expansion area. The new trails will be considered when new private development or public road or other utility improvement projects occur. The priority trails were Olive Street (CR 5), Fairmeadows to Deerpath; Amundson Drive, Old Stonebridge Trail to McKusick; Neal Avenue, Boutwell to TH 96; Boutwell Trail, CR 12 to CR 15, Long Lake Trail, CR 12 to Boutwell and Boutwell to Creekside Crossing and that these trails would be included in City Capital Improvement Projects. Mr. Russell also reviewed possible new trail segments which consisted of TH 96 from CR 15 to CR 5; Twin Lakes Trail around South Twin Lake and connecting to the Brown's Creek Trail; McKusick Road Trail from Neal Avenue to CR 15; Neal Avenue extension from Boutwell to CR 12, 72nd Street from Melville Court to Northland; Curve Crest extension from Curve Crest to 62nd Street North; and North Main Street Trail from Elm to Harriet Street. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to approve the additions to the trail plan and revised priority trail list and add North Main Street Connection to TH 96; South Main Street to Oak Park Heights, Amundson Drive - McKusick to County Road 5 and Eagle Ridge Trail - County Road 12 to Neal Avenue. All in favor COUNCIL REQUEST ITEMS Councilmember Milbrandt requested that Public Works look at trimming the trees in south Lowell Park by the Freight House. Councilmember Harycki stated that there is an icing problem at 2nd/Hazel and asked Public Works Director Eckles to look at the problem. ADJOURNMENT to Executive Session to discuss possible litigation Motion by Councilmember Milbrandt, seconded by Council member Polehna to adjourn to executive session at 9:30 p.m. Dave Junker, Acting Mayor ATTEST: Diane F. Ward, City Clerk Page 13 of 14 City Council Meeting - 05-05 February 15, 2005 '. Resolution 2005-40, directing payment of bills Resolution 2005-41, approving management agreement with St. Croix Catering Resolution 2005-42, resolution supporing Mn/DOT's efforts to obtain approval in additional funding for the V-1 Stillwater River Crossing and Trunk Highway 36 at-grade intersections Resolution 2005-43, approving new wine with strong beer liquor license for C&G Sukopp, LLC, DBA Muraski contingent on the necessary reviews and approvals. Resolution 2005-44, ordiner improvement and preparation of plans and specifications for the 2005 Street Improvement Porject (Project 2005-02) Resolution 2005-45, Resolution Accepting Proposal on the Competitive Negotiated Sale of $2,695,000 General Obligation Sports Center Refunding Bonds, Series 2005C, and Levying a Tax for the Payment Thereof Resolution 2005-46, Resolution Accepting Proposal on the Competitive Negotiated Sale of $1 ,480,000 General Obligation Capital Outlay Bonds, Series 2005A and providing for Their Issuance, Resolution 2005-47, Resolution Accepting Proposal on the Competitive Negotiated Sale of $3,160,000 General Obligation Capital Outlay Refunding Bonds, Series 2005B, and Levying a Tax for the Payment Thereof. Resolution 2005-48, approving contract with Legislative Associates . Ordinance No. 953, an ordinance amending Chapter 31 of the Stillwater City Code, Section 31-1, subd. 12, RB- Two Family District . . Page 14 of 14 . LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2005-49 . Admiral Advance Government Accountability American Public Works Association Ammonia House, Inc. Aramark Arch Wireless Aspen Mills Astleford International Bailey Construction Bells Trucking Boyer Trucks Carquest Cartridge World Catco C & H Distributors, LLC Citi Cargo & Storage Chris Amdahl Locksmith Inc. Coca Cola Collegiate Pacific Coordinated Business Systems, Ltd. Corporate Mark, Inc. Cub Foods Eckles, Klayton Emergency Medical Products, Inc. First Line GCR Tire Centers Gopher State One Call Grainger Grand Prix Vending Greeder Electric Imagineering Insight Integra Johnny's TV Larson, Gerri & Miller Excavating Kimker, Leona Kimker, Leona & Miller Excavating, Inc. Krongard, Les Lakeview Hospital LMC Berkley Risk Services, LLC MacQueen Equipment MACA Magnuson Law Firm Melstrom, Jeff . Aluminum Console Membership Membership Equipment Repair Supplies Insulated Rain Parkas Radio Repair Uniforms Mirror Install Shed Roof City Garage,Steps Snow Removal Downtown Fuel Filter Vehicle Repair Supplies Toners Equipment Repair Supplies Outdoor 20 x 30 Unit Rental Install Locks Concession Supplies Bases & Baseballs Maintenance Agreement Copier Eye Wear Retainers Concession Supplies Reimburse Parking Safety Glasses Concession Supplies Tires Billable Tickets Light Fixture Concession Supplies Repaired Generator Nelson Lift Consulting, Adtran CSU 120 HP Procurve Switches, Software Telephone Repair Supplies CDBG Contractor Sewer Serv Installation CDBG Contractor Sewer Serv Installation CDBG Contractor Sewer Serv Installation Equipment Repair Charges Legal Blood Draws 1 st Installment Workers Comp Root Cutter Spring Conference Professional Services Reimburse Work Boots 875.00 95.00 152.50 161.16 90.97 20.24 44.79 81.57 8,000.00 605.00 8.84 385.64 82.51 224.23 95.29 95.85 184.00 2,266.90 233.47 259.41 280.00 31.39 5.00 29.75 1,059.12 4,413.06 221 .55 58.81 131.40 140.00 998.40 2,605.60 898.49 79.61 2,100.00 1,140.00 3,150.00 149.00 40.00 28,879.50 420.68 100.00 6,852.08 62.50 EXHIBIT" A" TO RESOLUTION #2005-49 Menards Metropolitan Council Environmental Services MN Dept of Public Safety M. J. Raleight Trucking, Inc. Moody's Investors Service Napa Auto Parts Office Depot On Site Sanitation PC Solutions Pioneer Rim & Wheel Co. PMI Computer Supplies, Inc. Qwest Communications Reedsburg Hardware Company St. Joseph Equipment Sandy's Office Coffee Service Schwaab, Inc. Softchoice Corporation Southwest Public Safety State Treasurer's Office Stillwater Equipment Company Stillwater Firefighters Assoc. Stillwater Ford Stillwater Gazette Stillwater Motors Strategic Insights, Inc. Streicher's Sysco Telemetry & Process Control The Inn on Lake Superior 3M Toll Gas & Welding Supplies Tousley Ford, Inc. Valley Trophy Viking Automatic Sprinkler Walmart Washington County Treasurer's Office Washington County Tax Acct & Research The Watson Company Yocum Oil Zoller, Rob MANUAL CHECKS FOR FEBRUARY HIS/ Attorneys Title Maddux, Doug Page 2 Calculator March Wastewater Service Duplicate Title for Forfeiture Vehicle McKusick Ravine Storm, Sewer Interceptor Professional Services Auto Parts Office Supplies Unit Rental Maintenance Agreement Equipment Repair Supplies Banker Boxes AMA Charge for 1 Number Cross Chains Window Assy, Bulbs Coffee Supplies Stamp Virus Software Test Kits & Wipes Monies from Forfeiture Vehicle Lights for New Squads Supplies Vehicle Maintenance Publication Bezel License Renewal Capital Planning Software Ammunition Concession Supplies Service to Tower Antenna on Lift Station Housing for Seminar Sign Supplies Lease Renewal Hose Assy Shadow Box Reset Sprinkler System Supplies Monies from Forfeiture Vehicle Audit Reports Concession Supplies Fuel Reimburse Supplies Home Free Grant UB Refund . 11.47 95,113.57 11.00 38,337.62 5,000.00 85.66 66.06 88.39 48.00 55.29 177.30 150.00 547. 1 8 326.28 67.10 37.33 2,441.78 387.80 172.72 4,856.00 50.11 183.38 76.95 15.74 585.75 373.34 627.68 914.00 178.54 575.10 421.00 82.81 98.83 405.00 128.97 345.45 430.00 238.69 10,701.42 103.78 . 77,977.89 238.59 . , . . . EXHIBIT" A" TO RESOLUTION #2005-49 Eckberg,Lammers,Briggs, Wolf & Vierling MN Dept of Public Safety Postmaster UPS Washington Cty. License Center Washington Cty Recorder Xcel ADDENDUM TO BILLS Aramark Aspen Mills Comcast General Security Services Corp. Greater Stillwater Chamber of Commerce Johnson Controls Knauss, Chantell Legislative Associates. Inc. Menards Met Council Office Depot Press Publications Quill Qwest Shilts, Cindy State Treasurer, Building Codes & Std Stillwater Gazette Turning Point Washington County Human Resources Dept Workwell Occupational Health Services Wtap & Ship Xcel Adopted by the City Council this 1 st Day of March, 2005 Page 3 Retainer for Mediation Schwartz vs SW Police License Plates UB Postage Freight 2005 Expedition Title & Registration Recording of Release of Assessment Lein Electricity, Gas Insulated Rain Parkas Uniforms Cable Alarm Monitoring Full Moon Donation HV AC Plate & Frame Install, Ductwork Reimburse for Mileage & Office Supplies Februrary Legislative Services Maintenance Supplies Februrary SAC Report Office Supplies Advertisement Office Supplies Telephone Reimburse for Office Supplies Seminars Publication Office Supplies Education Mantoux, Exam Freight Electricity, Gas TOTAL 250.00 6.00 2,032.80 24.66 13.50 59.00 18,468.92 153.89 24.86 4.65 63.10 500.00 2,847.00 168.17 3,833.33 28.91 12,326.49 57.87 528.00 49.25 38.39 27.25 105.00 54.40 496.29 87.00 285.00 69.95 12,017.47 365,163.03 LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2005-49 . . Admiral Advance Government Accountability American Public Works Association Ammonia House, Inc. Aramark Arch Wireless .Aspen Mills Astleford International Bailey Construction Bells Trucking Boyer Trucks Carquest Cartridge World Catco C & H Distributors, LLC Citi Cargo & Storage Chris Amdahl Locksmith Inc. Coca Cola Collegiate Pacific Coordinated Business Systems, Ltd. Corporate Mark, Inc. Cub Foods Eckles, Klayton Emergency Medical Products, Inc. First Line GCR Tire Centers Gopher State One Call Grainger Grand Prix Vending Greeder Electric Imagineering Insight Integra Johnny's TV Larson, Gerri & Miller Excavating . Kimker, Leona Kimker, Leona & Miller Excavating, Inc. Krongard, Les Lakeview Hospital LMC Berkley Risk Services, LLC MacQueen Equipment MACA Magnuson Law Firm Melstrom, Jeff . Aluminum Console Membership Membership Equipment Repair Supplies Insulated Rain Parkas Radio Repair Uniforms Mirror Install Shed Roof City Garage,Steps Snow Removal Downtown Fuel Filter Vehicle Repair Supplies Toners Equipment Repair Supplies Outdoor 20 x 30 Unit Rental Install Locks Concession Supplies Bases & Baseballs Maintenance Agreement Copier Eye Wear Retainers Concession Supplies Reimburse Parking Safety Glasses Concession Supplies Tires Billable Tickets Light Fixture Concession Supplies Repaired Generator Nelson Lift Consulting, Adtran CSU 120 HP Procurve Switches, Software Telephone Repair Supplies CDBG Contractor Sewer Serv Installation CDBG Contractor Sewer Serv Installation CDBG Contractor Sewer Serv Installation Equipment Repair Charges Legal Blood Draws 1 st Installment Workers Comp Root Cutter Spring Conference Professional Services Reimburse Work Boots 875.00 95.00 152.50 161.16 90.97 20.24 44.79 81.57 8,000.00 605.00 8.84 385.64 82.51 224.23 95.29 95.85 184.00 2,266.90 233.47 259.41 280.00 31.39 5.00 29.75 1,059.12 4,413.06 221.55 58.81 131.40 140.00 998.40 2,605.60 898.49 79.61 2,100.00 1,140.00 3,150.00 149.00 40.00 28,879.50 420.68 100.00 6,852.08 62.50 EXHIBIT" A" TO RESOLUTION #2005-49 Menards Metropolitan Council Environmental Services MN Dept of Public Safety M. J. Raleight Trucking, Inc. Moody's Investors Service Napa Auto Parts Office Depot On Site Sanitation PC Solutions Pioneer Rim & Wheel Co. PMI Computer Supplies, Inc. Qwest Communications Reedsburg Hardware Company St. Joseph Equipment Sandy's Office Coffee Service SChwaab, Inc. Softchoice Corporation Southwest Public Safety State Treasurer's Office Stillwater Equipment Company Stillwater Firefighters Assoc. Stillwater Ford Stillwater Gazette Stillwater Motors Strategic Insights, Inc. Streicher's Sysco Telemetry & Process Control The Inn on Lake Superior 3M Toll Gas & Welding Supplies Tousley Ford, Inc. Valley Trophy Viking Automatic Sprinkler Walmart Washington County Treasurer's Office Washington County Tax Acct & Research The Watson Company Yocum Oil Zoller, Rob Page 2 Calculator March Wastewater Service Duplicate Title for Forfeiture Vehicle McKusick Ravine Storm, Sewer Interceptor Professional Services Auto Parts Office Supplies Unit Rental Maintenance Agreement Equipment Repair Supplies Banker Boxes AMA Charge for 1 Number Cross Chains Window Assy, Bulbs Coffee Supplies Stamp Virus Software Test Kits & Wipes Monies from Forfeiture Vehicle Lights for New Squads Supplies Vehicle Maintenance Publication Bezel License Renewal Capital Planning Software Ammunition Concession Supplies Service to Tower Antenna on Lift Station Housing for Seminar Sign Supplies Lease Renewal Hose Assy Shadow Box Reset Sprinkler System Supplies Monies from Forfeiture Vehicle Audit Reports Concession Supplies Fuel Reimburse Supplies . 11.47 95,113.57 11.00 38,337.62 5,000.00 85.66 66.06 88.39 48.00 55.29 177.30 150.00 547. 18 326.28 67.10 37.33 2,441.78 387.80 172.72 4,856.00 50.11 183.38 76.95 15.74 585.75 373.34 627.68 914.00 178.54 575.10 421.00 82.81 98.83 405.00 128.97 345.45 430.00 238.69 10,701.42 103.78 . . . . . Verno DATE: February 25, 2005 TO: Mayor and City Council Chantell Knaus@f~...v7 Director of Administration FROM: RE: Labor Relations Consultants Back!!round Since the 1970's the City has been participating in the Labor Relations Subscriber Service organized by the League of MN Cities and the Metropolitan Area Management Association (MAMA) for consulting services with Labor Relations Associates, Inc. The subscription service for 2005-2006 is $4,302. There are three firms in the Twin Cities Metropolitan Area that specialize in Labor Relations: Labor Relations Associates, Inc.; Frank Madden & Associates; and Barna, Guzy & Steffen, Ltd. Recently, staff solicited quotes and met with representatives from Frank Madden & Associates and Barna, Guzy & Steffen to review the services they could provide the City in the areas of labor relations, employment law, and pay equity compliance. After careful consideration, it is staff s evaluation that all three firms are highly capable of providing these consulting services. However, staff believes that the best fit for the City, at this time, is Frank Madden & Associates. Attached is Frank Madden & Associates quote for services. Staff believes that paying for services on a billable hourly basis, instead of maintaining an annual retainer, will be more economical. Recommendation Staff recommends the City Council authorize labor relations consulting services with Frank Madden & Associates on an hourly basis. LAW OFFICES FRANK MADDEN & ASSOCIATES SUITE 295 505 NORTH HIGHWAY 169 PLYMOUTH, MINNESOTA 55441-6444 . FR-I.NK J. MADDEN P-I.MELA R. GALANTER SUSAN K. HANSEN TELEPHONE (763) 545-2525 FACSIMTI>F (763) 545-2866 January 26, 2005 l. Ms. Chantell Knauss Director of Administration City of Stillwater 216 North Fourth Stillwater, MN 55082 Re: Proposal - Labor Relations Consulting and Professional Legal Services Dear Ms. Knauss: Enclosed find a proposal of our firm to provide legal services as described in your January 21, 2005 letter. Also enclosed is a copy of our firm's brochure. Weare very interested in the opportunity to provide these services to the City of Stillwater and . will be honored if we are selected. We appreciate the consideration given to our proposal. Frank J. Madden FJM:clh Enclosures . . PROPOSAL LABOR RELATIONS CONSULTING AND PROFESSIONAL LEGAL SERVICES . Frank Madden & Associates Suite 295 505 North Highway 169 Plymouth, MN 55441-6444 Telephone: (763) 545-2525 Contact: Frank 1. Madden Email: FrankMaddell(Q~MaddenandAssoc.com Submitted: January 26, 2005 . . General Information a. Background History of Firm. Since 1978, the firm of Frank Madden & Associates has had extensive experience representing public sector employers in labor and employment law matters. Our firm includes three attorneys: Frank Madden and Pamela Galanter, partners, and Susan Hansen, associate. All attorneys practice solely in the areas of labor and employment law, with primary focus on representing employers in the public sector throughout the State of Minnesota. The firm's clients include municipalities, counties, school districts, municipal hospitals, and municipal utilities. The firm handles a variety of matters for its public sector employer clients, including the following: . Consulting with clients regarding negotIatIOn strategies and serving as chief spokesperson on behalf of our clients in collective bargaining and/or mediation; . Representing employers in grievance and impasse arbitration hearings, veterans preference hearings, and hearings before the Office of Administrative Hearings; . Advising employers on labor and employment law matters, including: . . Family and Medical Leave Act Americans with Disabilities Act Discrimination under state and federal laws Open Meeting Law Minnesota Government Data Practices Act Discipline, discharge and due process Administration of labor contracts The requirements of the Workers' Compensation Act and its interplay with the FMLA, ADA and other workplace issues Fair Labor Standards Act requirements and audits; . . . . . . . . . Consulting with clients regarding compliance with the Pay Equity Act including analyzing compliance issues, responding to inquiries from the Department of Employee Relations and representing employers before the Department. . Advising and representing employers in unit determination and unit clarification hearings before the Minnesota Bureau of Mediation Services; . Handling appeals before the Minnesota Court of Appeals on labor and employment law matters; and . 1 . . Conducting investigations of alleged discrimination, harassment and employee misconduct. b. Attornev Information. Frank Madden negotiates collective bargaining agreements in the public sector on behalf of cities, counties, school districts and other public entities. He represents public employers in impasse and grievance arbitration hearings as well as unit determination and unit clarification hearings before the Bureau of Mediation Services. He advises public employers on all issues related to collective bargaining and the Public Employment Labor Relations Act (PELRA). He advises employers on contract administration and grievance handling, pay equity compliance, statutory developments and issues arising under state and federal laws relating to employment and labor relations. He conducts training for managers and supervisors relating to such subjects as contract negotiations, contract administration, grievance handling and effective employee discipline. He also handles appeals to the Minnesota Court of Appeals on matters arising under the PELRA, the Veterans Preference Act and other labor and employment laws. . Pam Galanter regularly advises public employers on matters involving the Family and Medical Leave Act, Americans with Disabilities Act, Fair Labor Standards Act, and the Minnesota Government Data Practices Act. She serves as the chief spokesperson in contract negotiations on behalf of cities, counties and municipal hospitals. She also advises public employers on collective bargaining strategies and the legal implications of proposals, contract administration, discipline and discharge, and due process issues. She represents public employers in grievance arbitration, impasse arbitration, contested case hearings before the Office of Administrative Hearings on claims arising under the Veterans Preference Act, and unit determination and unit clarification hearings before the Minnesota Bureau of Mediation Services. She conducts investigations of harassment claims, including harassment based upon sex, race and disability, as well as investigations of alleged employee misconduct. Susan Hansen provides advice to public employers in all areas of public sector labor and employment law. This includes interpretation and compliance with various statutes, requirements of the FMLA and state statutory leaves, analysis of disability issues and advice regarding the ADA interactive process and accommodation, and compliance with the Minnesota Government Data Practices Act and the Pay Equity Act. In addition, she represents public employers in contract negotiation, interest arbitration and grievance arbitration hearings, unit clarification hearings, conducts investigations of alleged employee misconduct, harassment and discrimination, and presents training on employment law matters. We have also enclosed the resumes of Frank Madden, Pamela Galanter and Susan Hansen. . 2 . c. Office Location. Frank Madden & Associates Suite 295 505 North Highway 169 Plymouth, MN 55441-6444 Telephone: (763) 545-2525 Fax: (763) 545-2866 Email addresses: Frank J. Madden: Pamela R. Galanter: Susan K. Hansen: F rankM add en ((uM addenandAssoc.com Pam e I aG a 1 a nter(c[!M ad d enandAssoc. com S usanHanscn(cDM addcnandAssoc. com d. Support Personnel. Cindy Huberty is the firm's administrative and legal assistant, and she coordinates scheduling, assists with preparing exhibits for hearings, and provides clerical support for the firm's attorneys. e. Prioritv and Accommodation of Workload for the Citv of Stillwater. . Our firm is dedicated to being responsive to the needs of our clients, and work is allocated within our firm to ensure that our clients receive quality services in a timely and cost effective manner. If our firm is selected, we will provide prompt responses to all inquiries and follow through on all matters requested by the City of Stillwater. Because all attorneys in our firm are experienced in public sector labor and employment law, our clients are able to contact any of the attorneys in our firm at any time for prompt advice, consultation and assistance. References Enclosed is a listing of some of the municipalities that we represent, together with the name and telephone number of the individual with whom we work in providing services in the area of public sector labor and employment law. In addition, we have enclosed a listing of representative counties that we work with in providing labor relations services. Fees We propose an hourly fee arrangement of $105.00 per hour for advice and consultation on legal matters and collective bargaining and for representation in mediation and related matters. For . 3 . . . grievance arbitration hearings, interest arbitration hearings and other administrative hearings, we propose an hourly rate of $115.00, and for litigation and appellate court cases we propose an hourly rate of$125.00. We bill for time spent in tenths of an hour and provide a detailed description of the services performed. In addition, we propose reimbursement of photocopy costs at $.15 per copy and facsimile transmissions at $.50 per page. We also propose reimbursement of out-of-pocket costs including mileage at the IRS rate, and long distance telephone charges incurred in providing servIces. Weare open to discussing an annual retainer fee for general advice and consultation on legal matters and consultation regarding collective bargaining and representation in mediation. In order to arrive at a general retainer fee that is fair to the City of Stillwater and to our firm, we would like to meet with the appropriate representative of the City to further discuss the amount oftime anticipated for general legal services and ollective bargaining. 4 FRANK J. MADDEN FRANK MADDEN & ASSOCIATES Suite 295 505 North Highway 169 Plymouth, Minnesota 55441 (763) 545-2525 . EDUCATION: Hamline University School of Law University of Minnesota Graduate School, Industrial Relations University of Minnesota J.D. (with Honors) M.A. B.A. LABOR RELATIONS AND EMPLOYMENT EXPERIENCE: FRANK MADDEN & ASSOCIATES, ATTORNEY AT LAW - 1975-Present. Engaged in practice of law with special emphasis on public employer representation in labor/employment law and collective bargaining, including such areas as unit determinations, legal defense of unfair practice charges, contract negotiations, contract administration, labor relations training, impasse and grievance arbitrations, Personnel Board and administrative hearings. Advise public employers on various labor relations matters including judicial and statutory developments, comparable worth and FLSA. Negotiate . approximately 25 to 30 collective bargaining agreements in the public and private sector each year including all forms of county, city and school district bargaining units. In addition has served as Mediator, Arbitrator and Hearing Officer in over 50 employment and administrative hearing disputes and prepared findings of fact and conclusions oflaw. ASSISTANT STATE NEGOTIATOR, STATE OF MINNESOTA -1976-197S. Chief spokesperson in collective bargaining for a number of State collective bargaining agreements. In addition, represented the State in unit determination hearings, mediation, impasse arbitrations and grievance arbitrations, and conducted labor relations training classes. DIRECTOR OF PERSONNEL, ST. LOUIS PARK SCHOOLS - 1975-1976. Directed development of unified personnel program for SOO staff members, including staff employment and development, negotiations of various collective bargaining agreements, contract administration and generalist personnel functions. MEDIATOR, MINNESOTA BUREAU OF MEDIATION SERVICES AND EXECUTIVE SECRETARY, MINNESOTA PUBLIC EMPLOYMENT RELATIONS BOARD (PERB)- 1972-1975. Served as a mediator in a wide variety of private and public sector labor-management negotiations and grievance disputes. Served as PERB's hearing officer and prepared drafts of the PERB decisions. Coordinated the PERB's communications and decisions with participating parties. Interviewed prospective arbitrators for inclusion on PERB list. Assisted the PERB in preparation and review of rules . and regulations of the PERB and the Bureau of Mediation Services. RELATED EXPERIENCE: . Adjunct Professor, Hamline University School of Law (teaching labor law, public sector labor relations and negotiations/arbitration). Community Faculty Member, Metropolitan State University (teaching courses in collective bargaining, arbitration and labor relations). Frequent speaker at various labor relations seminars, including course chair and lecturer, Annual Public Sector Labor and Employment Law Seminar, Minnesota Institute of Legal Education. ~ELECTED PUBLICATIONS: Resolving Public Bargaining Disputes in Education, Hamline University School of Law, Advanced Legal Education, 1977; 288 pp. Gardner-Denver, Arbitration and Title VII, Industrial Relations Service Bureau, 1975; 28 pp. Public Sector Labor Relations in Minnesota, Minnesota Department of Employee Relations, Training and Development Office, 1980; 286 pp. Scope of the Bargaining Obligation, Hamline University School of Law, Advanced Legal Education, 1982; 25 pp. . The Legal Status of Comparable Worth, Bench & Bar. April, 1984, 7 pp. The Legal Status of Comparable Worth: A Review of Developments in Minnesota, 9 Hamline L. Rev. 105 (1986). Legal Developments in the Public Sector, Minnesota Institute of Legal Education, 1986; 50 pp. The Minnesota Pay Equity Act: Negotiation and Arbitration, Minnesota Institute of Legal Education, 1987; 14pp. Resolving Pay Equity Disputes Through Contract Negotiation and Arbitration, Minnesota Institute of Legal Education, 1988; 27 pp. Interest Arbitration, Law Enforcement and Pay Equity: An Employer Perspective, Minnesota Institute of Legal Education, 1990; 33 pp. Negotiating With Fiscal Constraints: Wages, Benefits and Work Force Reductions - an Employer Perspective, Minnesota Institute of Legal Education, 1991; 16 pp. Complying With the Americans With Disabilities Act in Minnesota, National Business Institute, 1991; 42 pp. . Tribal Casinos - What Employment Law Applies? Continuing Legal Education, 1992; 13 pp. 2 Revisiting The Duty To Bargain, Minnesota Institute of Legal Education, 1993; 16 pp. . Legal Theories And Approaches For Dealing With The Potentially Violent Employee, Minnesota Institute of Legal Education, 1994; 20 pp. The Interest Arbitration Process: Emerging Issues And Concerns, Minnesota Institute of Legal Education, 1995; 48 pp. Emerging Issues And Concerns Regarding Peace Officer Misconduct, Minnesota Institute of Legal Education, 1996; 55 pp. Multiple Forums, Arbitrability and Judicial Review of Arbitration Awards, Minnesota Institute of Legal Education, 1997; 44 pp. Advocacy and Ethics in the Arbitration Process, Minnesota Institute of Legal Education, 1998; approx. 20 pp. Arbitration and Privacy Issues, Minnesota Institute of Legal Education, 1999; 18 pp. Arbitration of Discharge Cases, Minnesota Institute of Legal Education, 2000; 24 pp. Public Sector Strikes, Furloughs and Lockouts, Continuing Legal Education, 2001; 23 pp. Anatomy of Minnesota Strikes: A Legal and Practical Analysis from the Employer's Perspective, . Minnesota Institute of Legal Education, 2001; 30 pp. Negotiating With Fiscal Constraints: Wages, Benefits and Work Force Reduction, Minnesota Institute of Legal Education, 2002; 17 pp. Negotiations and Interest Arbitration Under Economic Constraints: An Employer Perspective, Minnesota Institute of Legal Education, 2003; 9 pp. PROFESSIONAL ASSOCIATIONS: Labor and Employment Law Section of Minnesota Bar Association (Former State Chair) American Bar Association and Labor and Employment Law Section Hennepin County Bar Association Minnesota Public Employer Labor Relations Association National Public Employer Labor Relations Association Minnesota School Boards Association Council of School Attorneys Advisory Board, Minnesota Institute of Legal Education . 3 . . . PAMELA R. GALANTER FRANK MADDEN & ASSOCIATES Suite 295 505 North Highway 169 Plymouth, Minnesota 55441 (763) 545-2525 EDUCA nON: William Mitchell College of Law Hamline University Metropolitan State University J.D. (with Honors) B.A. (with Honors) B.A. LABOR RELA nONS AND EMPLOYMENT EXPERIENCE: Frank Madden & Associates, Attorney at Law - 1982-present. Engaged in the practice of law with emphasis in the area of public employer representation in labor and employment law matters, including collective bargaining, unit determination, grievance arbitration, interest arbitration, administrative hearings, contract administration and labor relations training. Chief spokesperson on behalf of cities, counties and municipal hospitals in contract negotiations with the exclusive representatives of variety of employee bargaining units. Advise public employers on variety of matters, including personnel practices, discrimination claims, comparable worth, FLSA, Data Practices Act issues and legal developments. Conduct investigations of harassment and other claims. Arctic Metal Products, Manager, Personnel and Safety, Minneapolis, Minnesota - 1975- 1978. Responsibilities included wage and salary administration, recruitment and selection of all exempt and non-exempt personnel, benefits administration, policies and procedures, training, employee communications, and compliance with OSHA regulations and workers' compensation statute. RELATED EXPERIENCE Frequent speaker at various employment and labor law semInars on variety of topics impacting public sector employment. PUBLICA nONS Personnel Policies and the Law of Employment, Minnesota Institute of Legal Education, 1986, 22 pp. . The Dismissal Process: Veterans Preference and Arbitration - An Employer Perspective, Minnesota Institute of Legal Education, 1987, 21 pp. Veterans Preference and the Dismissal Process: An Employer Perspective, Minnesota Institute of Legal Education, 1990,25 pp. Peace Officer Discipline Procedures Act: How Much Process Is Due? - An Employer Perspective, Minnesota Institute of Legal Education, 1993,23 pp. Issues Relating to Employee Disability in the Workplace, Minnesota Institute of Legal Education, 1994,21 pp. An Overview of the Minnesota Open Meeting Law, Minnesota State Bar Association, Continuing Legal Education, 1996, 16 pp. Issues Relating to Disabilities in the Workplace, Minnesota Institute of Legal Education, 1996, 27 pp. Extensive research for the following publications: . Madden, Public Sector Labor Relations in Minnesota, Minnesota Department of Employee Relations, Training and Development Office (1980). Madden, "The Legal Status of Comparable Worth," Bench and Bar, April, 1984. Madden, "The Legal Status of Comparable Worth: A Review of Developments in Minnesota," 9 Ham1ine Law Review 105 (1986). Variety of other presentations for Minnesota Institute of Legal Education on public sector labor law topics. PROFESSIONAL ASSOCIATIONS Minnesota Bar Association Minnesota Bar Association, Labor and Employment Law Section American Bar Association American Bar Association, Labor and Employment Law Section Hennepin County Bar Association . 2 . . . SUSAN K. HANSEN FRANK MADDEN & ASSOCIATES Suite 295 505 North Highway 169 Plymouth, Minnesota 55441 (763) 545-2525 EDUCATION: Drake University Law School Drake University J.D. (with Honors) B.A. (with Honors) LABOR RELATIONS AND EMPLOYMENT EXPERIENCE: Frank Madden & Associates, Attorney at Law - 1996-present. Engaged in the practice of law with emphasis in the area of public employer representation in labor and employment law matters, including unit determination, grievance arbitration, preparation of collective bargaining proposals and interest arbitration. Advise public employers on variety of matters, including contract administration, personnel practices, discrimination claims, Fair Labor Standards Act, Data Practices Act, Family and Medical Leave Act issues and legal developments. Conduct investigations of harassment claims and present training on labor relations and employment law matters. RELATED EXPERIENCE: Frequent speaker at Hamline University School of Law courses including Labor Law, Collective Bargaining and Public Sector Employment Law, and at Metropolitan State University courses, including Labor Relations and Collective Bargaining. Frequent judge of law school moot court competitions. PUBLICATIONS: Data Practices Act and the Open Meeting Law, Minnesota Public Employers Labor Relations Association, 2002, 9 pp. Extensive research for the following publications: Madden, Emerging Issues and Concerns Regarding Peace Officer Misconduct, Minnesota Institute of Legal Education, 1996,37 pp. Galanter, An Overview of the Minnesota Open Meeting Law, Minnesota State Bar Association, Continuing Legal Education, 1996, 16 pp. Madden, Multiple Forums, Arbitrability and Judicial Review of Arbitration Awards, Minnesota Institute of Legal Education, 1997, 16 pp. . Madden, Advocacy and Ethics in the Arbitration Process, Minnesota Institute of Legal Education, 1998, 20 pp. Madden, Arbitration and Privacy Issues, Minnesota Institute of Legal Education, 1999,16 pp. Madden, The Arbitration of Discharge Cases, Minnesota Institute of Legal Education, 2000, 24 pp. Madden, Anatomy of Minnesota Strikes: A Legal and Practical Analysis, Minnesota Institute of Legal Education, 2001, 30 pp. Galanter, Labor Issues and Considerations: The Impact of the National Labor Relations Act and Collective Bargaining Agreements on Reductions in Force, Minnesota Institute of Legal Education, 2002, 16 pp. . . 2 CITY CLIENTS .ity of Apple Valley -/ Ms. Dawn Strauss, Human Resources Manager (952) 953-2507 City of Minnetonka Ms. Geralyn Barone, Assistant City Manager (952) 939-8216 City of Blaine Mr. Terry Dussault, Human Resources Director (763) 785-6154 City of Mound Ms. Kandis Hanson, City Manager (952) 472-0609 City of Bloomington '" Mr. Kent Michaelson, Director of Human Resources (952) 563-4898 City of New Brighton Mr. Matt Fulton, City Manager (651) 638-2041 City of Chaska Mr. Scott M. Knight, Chief of Police (952) 448-4200 City of New Hope Ms. Sherry Draper, Director of Administration (763) 531-5115 City of Columbia Heights Ms. Linda Magee, Assistant to the City Administrator (612) 782-2810 City of North Mankato Mr. Wendell Sande, City Administrator (507) 625-4141 City of Faribault Ms. Michelle Mahowald, Assistant to the City Administrator (507) 333-0354 City of Richfield Mr. Steven L. Devich, Administrative Services Director (612) 861-9702 City of Farmington .s. Brenda Wendlandt, Human Resources Director 51) 463-1806 City of Shoreview Mr. Terry Schwerm, City Manager (651) 490-4610 City of Granite Falls Mr. William P. Lavin, City Manager (320) 564-3011 City of Savage Ms. Sandy King, Human Resources Coordinator (952) 882-2649 City of Jackson Mr. Dean Albrecht, City Administrator (507) 847-4410 City of South Sf. Paul Mr. Doug Reeder, City Administrator (651) 450-8702 City of Little Falls Mr. Richard N. Carlson, City Administrator (320) 632-2341 City of St. Cloud Mr. Jan F. Petersen, City Attorney (320) 255-7204 City of Mankato Ms. Krista Amos, Human Resources Director (507) 387-8600 City of St. Paul Ms. Angela Nalezny, Human Resources Director (651) 266-6515 City of Maplewood Ms. Sherrie Le, Human Resources Director (651) 249-2053 City of Sf. Peter Mr. Todd Prafke, City Administrator (507) 934-0663 Minneapolis Public Library Mr. Walter Gegner, Director of Library Operations (612) 630-6299 . City of WilImar Mr. Michael Schmit, City Administrator (320) 235-4913 ~~r tt LL{)c~cL-t ~! tb~&tv'1lU.J ~~~J trb (Obhx/)Q/\ COUNTY CLIENTS Aitkin County Scott Arneson, County Administrator (218) 927-7276 Beltrami County Marilyn Nelson, Personnel Director (218) 759-4155 Blue Earth County Dennis McCoy, County Administrator (507) 389-8235 Brown County Chuck Enter, County Administrator (507) 233-6601 Carlton County Michael Stafford, Director, PersonneVFacilities Management (218) 384-9141 Carver County Dave Hernze, County Administrator (952) 361-1526 Chisago County Renee Kirchner, Human Resources Director (651) 213-0460 Dakota County Nancy Hohbach, Deputy Employee Relations Director (651) 438-4424 Dodge County Lisa Hager, Personnel Director (507) 635-6239 Faribault County Brenda Ripley, Personnel Director (507) 526-6225 Goodhue County Melissa Cushing, Human Resources Director (651) 385-3031 Houston County Tim Comstock, Personnel Director (507) 725-5822 Isanti County Jerry Tvedt, County Coordinator (763) 689-3859 Kanabec County Alan Peterson, County Coordinator (320) 679-5367 Lac qui Parle County Stan Bjorgan, County Auditor (320) 598-7444 . Lyon County Loren Stomberg, Administrator (507) 537-6249 McLeod County Nan Crary, County Administrator (320) 864-1324 Mille Lacs County Bobbie Jo Danielson, County Coordinator (320) 983-8218 Nicollet County Robert Podhradsky, County Administrator (507) 931-6800 Nobles County Melvin Ruppert, Administrator (507) 372-8241 Olmsted County Dave Mueller, Human Resources Director (507) 285-8333 . Renville County William Wells, County Administrator (320) 523-371 0 Scott County Jack Kemme, Employee Relations Director (952) 496-8703 Sibley County Roseann Nagel, Human Resources Coordinator (507) 237-4117 Swift County Dick Hanson, County Commissioner (320) 842-9303 Washington County Kay McAloney, Human Resources Director (651) 430-6075 Wilkin County John Blaufuss, County Commissioner (218) 643-8619 Wright County Dick Norman, County Coordinator (763) 682-7377 . . STAFF REQUEST ITEM Department: Fire Date: February 23, 2005 I DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase wildfire turnout gear for all fire department personnel. This personal protective equipment (PPE) is designed to provide protection to staff when fighting wildfires and grass fires. The gear is much lighter, dissipates heat away from the body and provides better protection for this type of response. 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) City Council approved this purchase request in the Fire Department's 2005 capital outlay budget. In addition, the Fire Department applied for and received a matching grant award from the Minnesota DNR to help defray the cost of this equipment. The grant award must be spent prior to September of 2005. . Four quotes were obtained. The lowest bid, and recommended vendor, was received from Fire Equipment Specialties (attached). Cost of Equipment: MN DNR Grant $18,886.65 $ 2.000.00 Total Cost: $16,886.65 ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. . /\ ---- - () Submitted by: Stuart W. Glaser, Fire..C. ... hi.ef ...Q.~.v.../v-- / /" . - __om .Oc:_.- Date: February 23, 2005 WILDLAND . PERSONAL PROTECTIVE EQUIPMENT (Fire Equipment Specialties) - Wildlands Jacket 7.0 oz/yd Nomex, yellow $2,923.00 - Wildlands Pant 9.0 oz/yd Nomex, yellow $3,293.00 - Bullard wildfire helmet $1,313.50 - Spirit glove wi nomex wristlet $960.15 - 10" NFP A dual certified wildland boot $9,213.00 - Model 168 mesh gear bag $444.00 - 1 'li leather belt $740.00 . $18,886.65 . . FES Equlpm@nt Specialties Stillwater Fire Department 216 North 4th Street Stillwater MN 55082 C/O Mr. Bill Peltier 9uotation Lion Aooarel - Wildlands Coat (40) 3519-00 Wildlands Jacket- 7.0 oz/yd FR Cotton Yellow In Color Unisex Sizes - S - 3 XL (See Chart on Page 16) . Lion Aooarel - Wildlands Pant . (40) 3520-00 Wildlands Pant- 9.0 oz/yd FR Cotton YeHow In Color Unisex Sizes - Waist S - 3 XL 28",31",34" Inseam (See Chart on Page 16) Thank You, Sincerely /" /7' / ~/~ Matt Isker Fire Equipment Specialties, Inc. (651) 253-4327 October 13, 2004 $79.00 ea. / $3,160.00 $89.00 pro / $3,560.00 P.O. Box 25232. Woodbury, MN 55125 Telephone (651) 730-4636. Fax (651) 730-4638. Mobile (612) 889-1749. (800) 775-3043 FES Equipment SfDecialties . Stillwater Fire Department 216 North 4th Street Stillwater MN 55082 C/O Mr. Bill Peltier October 13, 2004 Ouotation Bullard Fire Helmets - Wildfire Helmets (40) # FH911HR . Bullard wildfire "Hat Style" helmet wI "Sure-Lock" Ratchet Suspension . Available in colors: White, Red, Yellow, Orange, Blue, black, and lime yellow $35.50 ea. / $1,420.00 . Thank You, ~~ Matt Isker Fire Equipment Specialties, Inc. (651) 253-4327 . P.O. Box 25232. Woodbury, MN 55125 Telephone (651) 730-4636. Fax (651) 730-4638. Mobile (612) 889-1749. (800) 775-3043 . . . FES ;7::0." 1 no rum. ,'1/;6,ni t' S:,,/'F'ii,.D Acia!~;es ~1'~i/l::dJu'F1J[jg ljiJ! lbl"=7 IJ Ie Stillwater Fire Department 216 North 4th Street Stillwater MN 55082 C/O Mr. Bill Peltier Ouotation Fire guard - Soirit Glove (40) # 80024 Spirit Glove wi Nomex Wristlet Sizes - XS - 3 XL Fire Guard - Soirit Glove (40) # 80025 Spirit Glove w/ Gauntlet Cuff Sizes - XS - 3 XL Thank You, ~e~ Matt Isker Fire Equipment Specialties, Inc. (651) 253-4327 October 13,2004 $25.95 pro / $1,038.00 $23.95 pro I $958.00 P.O. Box 25232. Woodbury. MN 55125 Telephone (651) 730-4636. Fax (651) 730-4638. Mobile (612) 889-1749. (800) 775-3043 FlES reun !if:rurn1(~nt ,~nt6lcnal+;es ~~:,~u&~.i tJ J'Yt 11., ~fA:Jhg. 0 lu Ii _ ~ "/ / 11:5) . Stillwater Fire Department 216 North 4th Street Stillwater MN 55082 C/O Mr. Bill Peltier January 14,2005 Ouotation Haix Leather Boots- Fire Flash Boots (40) # HFFBOOTS . 10" NFP A dual certified Zip and Lace Structural and Wildlands Boot . Available in sizes 5-15 by half sizes $249.00 ea. I $9,960.00 . Thank You, Sincerely ~~ Matt Isker Fire Equipment Specialties, Inc. (651) 253-4327 . P.O. Box 25232. Woodbury, MN 55125 Telephone (651) 730-4636. Fax (651) 730-4638. Mobile (612) 889-1749. (800) 775-3043 . . . STAFF REQUEST ITEM DEPARTMENT: Buildina Insoection DATE: February 25. 2005 DESCRIPTION OF REQUEST (Briefly outline what the request is): The Inspection Department is requesting permission to purchase plan unit shelving. We are in need of new shelving to accommodate all of the current permitted commercial projects building plans. We have an old cabinet that is overflowing and no storage for these large plans. We have solicited bids from 6 contractors and have received only one. 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) Construction of shelves cost of $1,450.00. I did budget $3,000 under Capital Outlay for 2005. The bid received is just under half of the budgeted amount. I feel that this is a very reasonable bid and wish to move forward with the project. 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 DATE 2-25-05 .. December 6, 2004 . BUILDING PLANS CABINET BID Mr. John Nobles City of Stillwater Building Inspections Dept. Mr. Nobles; I am submitting a bid for a BUILDING PLANS CABINET that would be built asJollows, 3 identical units that will measure 33" wide, 75 %" tall and 24 3/8" deep (These dimensions allow compartments that are 6" X 6") and constructed of %" plywood. The back of each unit will be 3/8" plywood. Each unit will have a 3" toe kick to keep the plans off of the floor. All joints will be glued, biscuit jointed or finished nailed. Units are to be painted white. Each unit will have 55 cubby holes for a total of 165 and would be screwed together after installation so it will look like one unit. . TOTAL BID $1450.00 Thank You, -~~- Ron Johnson dS-I-ZY~~3DS- Attached is a drawing of one unit . . Mellloranc'lU11 To: Mayor and City Council . l-,[\' Shawn Sanders, Assistant City Engineer March I, 2005 From: Date: Subject: Sewer Interceptor Rehabilitation Project (Project 2004-04) Acceptance of Work and Final Payment DISCUSSION The work on the above project has been completed. The contractor has submitted their application for payment and required information to allow for final payment. If Council accepts the work and authorizes final payment the one-year warranty will begin. RECOMMENDATION Staff recommends that Council accept the work and authorize final payment to MJ Raleigh Trucking, Inc. in the amount of $4,826.09 . ACTION REOUIRED If Council concurs with staff recommendation, Council should pass a motion adopting Resolution No. 2005- , ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR SEWER INTERCEPTOR REHABILITATION PROJECT (PROJECT 2004-04) . ACCEPTING WORK AND ORDERING FINAL PAYMENT SEWER INTERCEPTOR REHABILITION PROJECT (PROJECT 2004-04) WHEREAS, pursuant to a written contract signed between the City and MJ Raleigh Trucking, Inc. for Sewer Interceptor Rehabilitation Project (Project 2004-04) and their work has been completed with regard to the improvement in accordance with such contract, BE IT FURTHER RESOLVED: That the city clerk and mayor are hereby directed to issue a proper order for the final payment of$4,826.09 on such contract, taking MJ Raleigh Trucking, Inc.' s receipt in full. Adopted by the Council, this 15t day of March 2005 Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk . . . / . Memorandum To: Mayor and City Council t:'tx,,'-:,. /' / Shawn Sanders, Assistant City Engineer March 1, 2005 From: Date: Subject: McKusick Ravine Storm Sewer/Trail Improvement Project (Project 2002-04A) Acceptance of Work and Final Payment DISCUSSION The work on the above project has been completed. The contractor has submitted their application for payment and required information to allow for final payment. If Council accepts the work and authorizes final payment the one-year warranty will begin. RECOMMENDATION Staff recommends that Council accept the work and authorize final payment to MJ Raleigh Trucking, Inc. in the amount of $25,647.49 . ACTION REQUIRED If Council concurs with staff recommendation, Council should pass a motion adopting Resolution No. 2005- , ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR McKUSICK RAVINE STORM SEWER/TRAIL IMPROVEMENT PROJECT (PROJECT 2002-04A) . ACCEPTING WORK AND ORDERING FINAL PAYMENT McKUSICK RAVINE STORM SEWER/TRAIL IMPROVEMENT PROJECT (PROJECT 2002-04A) WHEREAS, pursuant to a written contract signed between the City and MJ Raleigh Trucking, Inc. for McKusick Ravine Storm Sewer/trail Project (Project 2002-04A) and their work has been completed with regard to the improvement in accordance with such contract, BE IT FURTHER RESOLVED: That the city clerk and mayor are hereby directed to issue a proper order for the final payment of $25,647.49 on such contract, taking MJ Raleigh Trucking, Inc.' s receipt in full. Adopted by the Council, this 1 st day of March 2005 Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk \ . . . . Memorandum To: Mayor and City Council -'1 t:)f\' Shawn Sanders, Assistant City Engineer March 1, 2005 From: Date: Subject: McKusick Lake Diversion Improvement Project (project 2002-04B) Acceptance of Work and Final Payment DISCUSSION The work on the above project has been completed. The contractor has submitted their application for payment and required information to allow for final payment. If Council accepts the work and authorizes final payment the one-year warranty will begin. RECOMMENDATION Staff recommends that Council accept the work and authorize final payment to MJ Raleigh Trucking, Inc. in the amount of$7,864.04 . ACTION REQUIRED If Council concurs with staff recommendation, Council should pass a motion adopting Resolution No. 2005-_, ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR McKUSICK LAKE DIVERSION IMPROVEMENT PROJECT (PROJECT 2002-04B) . ACCEPTING WORK AND ORDERING FINAL PAYMENT McKUSICK LAKE DIVERSION IMPROVEMENT PROJECT (PROJECT 2002-04B) WHEREAS, pursuant to a written contract signed between the City and MJ Raleigh Trucking, Inc. for McKusick Lake Diversion Project (Project 2002-04B) and their work has been completed with regard to the improvement in accordance with such contract, BE IT FURTHER RESOLVED: That the city clerk and mayor are hereby directed to issue a proper order for the final payment of $7,864.04 on such contract, taking MJ Raleigh Trucking, Inc.'s receipt in full. Adopted by the Council, this 15t day of March 2005 Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk . . . r . STATE OF MINNESOTA CITY OF STILLWATER COUNTY OF WASHINGTON BEFORE THE CITY COUNCIL In Re: The Application of Anthony Kerschbaum Case No. V/04-83 FINDINGS OF FACT CONCLUSIONS AND ORDER The City Council convened the Hearing on February 15, 2005 at the Council Chambers in City Hall on the Application of Anthony Kerschbaum ("Applicant") for approval of a front yard set back variance from Lake Street; a variance from both the lot size requirements and slope regulations of the bluff and shoreland regulations of the Lower St. Croix Riverway Ordinance. At the Hearing, the City Council considered the report of Steve Russell, the City . Community Development Director, testimony and exhibits submitted by the Applicant, the Staff report and minutes of the Planning Commission, maps of the property in question, and the Planning file prepared by City Staff for the Application, which included: (a) Plat of survey showing the property location, boundaries, dimensions, elevations, bluff lines, utility and roadway corridors, the ordinary high water mark, floodway, and floodplain; and (b) The most recent aerial photo of the property with property lines drawn in; and (c) Showing the location of existing and proposed structures including height and setback dimensions; and (d) Showing the location of existing and proposed alterations of vegetation and topography; and (e) Adjoining water-oriented uses. . ... \ NOW, THEREFORE, based upon the documents that have been made a part of this file, . upon the testimony of all those who offered it, and upon all the files, records and proceedings herein, the City Council makes the following: FINDINGS OF FACT 1. The property has been vacant for seventeen years. Before that time, a single family home was maintained on the site. 2. Demolition of the house occurred after the Congressional action that designated the Lower St. Croix Riverway in 1973 and before May 1, 1974, the effective date of the Lower St. Croix Riverway Ordinance enacted by the City pursuant to the Federal Wild Rivers Act. 3. The proposed single family home (the "Structure") is proposed to be located on a slope that is greater than 12%, has an area of 13,500 sq. ft. and 20,000 sq. ft. is required. Both regulations are established by the Stillwater Ordinance that embodies the Minnesota Department of Natural Resources ("Mn DNR") Rules for the Lower St. Croix. The Structure is setback only 10 feet from Lake Street and 30 feet is required. 4. The Applicant's parcel was a separate parcel and was held in the name of the Applicant's predecessor in title before May 1, 1974. . 5. Municipal sewer and water services are available to any structure built upon the parcel. 6. The vertical face of the proposed Structure toward the river appears to use a basement as a retaining wall, however, the design gives the Structure the appearance of three stories, and therefore the dimensional standards of the Ordinance are not complied with to the greatest extent practicable. . - 2 - ,. . . . 7. The vertical riverway face of the Structure will be visually conspicuous in the summer months as viewed from the river, since the property is not screened from the river and the riverward face of the Structure with the basement exposed will be three stories. 8. The size of the proposed Structure exceeds the resource limitation of the site. 9. The view from the river will not be enhanced and preserved with the building of the proposed Structure. 10. The location of the Structure with respect to floodways, floodplains, slopes, and bluff lines is not integrated with minimum intrusion into required setbacks. 11. The erosion potential of the site, based on degree and direction of slope, soil type, and vegetative cover, will be increased if the variances were granted. 12. Potential impact on game and fish habitat would increase if the variances were granted. 13. The site is served by a substandard access road. 14. The waste to be generated will be adequately handled by an upgraded sanity sewer and water system and by mandatory trash removal. 15. Police, fire, medical, and school services and facilities are equal to any demand that will be imposed on them by the proposal. 16. The proposed development is not compatible with adjacent property. CONCLUSION OF LAW 1. That this matter was properly before the City Council pursuant to the procedure set forth in the City Code. 2. That the proposed Structure would be visibly conspicuous as viewed from the riverway in the summertime. - 3 - ... 3. That the variance to the front yard set back from Lake Street will constitute a . special privilege to the Applicant. 4. A variance to the slope regulations of the bluff line and shoreland regulations as requested In the Application, is not in harmony with the neighborhood and will no doubt decrease property values in the area. 5. A variance to the minimum lot size requirements would be a special privilege to the Applicant. 6. That based upon the record, the proposed variances to the Zoning Ordinance will be a detriment to adjacent property, will frustrate the purpose of the Zoning Ordinance, and violates the spirit of the guide of the Comprehensive Plan. ORDER IT IS HEREBY ORDERED 1. The variance to the front yard set back from Lake Street is hereby denied. 2. A variance to the minimum lot size requirements and a variance to the slope . regulations of the bluff line and shoreland regulations, as requested in the Application, are hereby denied. 3. The Applicant is authorized to submit an amended Application to the Planning Commission at any time. Adopted by unanimous vote of the City Council this day of ,2005. CITY OF STILL WATER Jay L. Kimble, Mayor ATTEST: Diane F. Ward, Clerk . - 4 - . APPROVAL OF RESOLUTION ADOPTING FINDINGS OF FACTS, CONCLUSION AND ORDER RELATED TO THE DENIAL OF A FRONT YARD SETBACK VARIANCE FROM LAKE STREET; A VARIANCE FROM BOTH THE LOT SIZE REQUIREMENTS AND SLOP REGULATIONS OF THE BLUFF AND SHORELAND REGULATIONS OF THE ST. CROIX RIVERWAY ORDINANCE (CASE NO. V/04-83) WHEREAS, based upon direction given by the City Council, the City Attorney has drafted Findings of Fact, Conclusions of Law and Order justifying decision on to the denial of a front yard setback variance from Lake Street; a variance from both the lot size requirements and slop regulations of the bluff and shoreland regulations of the S1. Croix Riverway Ordinance; and WHEREAS, the City Council has give full consideration to all the evidence presented and due consideration, resolves as follows: 1. That the Findings of Fact, Conclusions of Law and Order attached hereto as Exhibit "A" regarding justifying decision on the denying of a front yard setback variance from Lake Street; a variance from both the lot size requirements and slop regulations of the bluff and shoreland regulations of the S1. Croix Riverway Ordinance and the applicant is authorized to submit an amended application to the Planning Commission at any time; are accepted and adopted. . Adopted by Council this 1 st day of March, 2005. Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk . . CITY LOCAL TAX RATE CALCULATION $5,000,000 Issue (4.25% interest; 20-year term) Total Budget Requirement Other revenues = Levy before reduction for state aids State Aids (HACA, LGA) = Certified Property Tax Levy Fiscal Disparity Portion of Levy = Local Portion of Levy Local Taxable Value (2005) = Local Tax Rate Debt Levy _ 395,000 395,000 395,000 395,000 14,815,854 2.666% Note: 2005 City Tax Rate: 51.629% 2004 City Tax Rate: 51.951 % f . . . PROPERTY TAX IMPACT RESIDENTIAL COMMERCIAL HOMESTEAD PROPERTY PROPERTY $5,000,000 Library Bond Issue $5,000,000 Library Bond Issue Impact on Property TaxNear Impact on Property TaxNear Taxable Taxable Market Tax Actual Market Tax Actual Value Capacity Tax Value Capacity Tax 100,000 1,000 $26.66 250,000 4,250 $113.31 200,000 2,000 $53.32 500,000 9,250 $246.61 300,000 3,000 $79.98 750,000 14,250 $379.91 400,000 4,000 $106.64 1,000,000 19,250 $513.21 500,000 5,000 $133.30 2,000,000 39,250 $1,046.41 750,000 8,125 $216.61 5,000,000 I 99,250 $2,646.01 . . . . . . . A RESOLUTION OF COMMITMENT TO PROVIDE LIBRARY RENOVATION FINANCING WHEREAS, by Resolutions No. 2002-118 and 2202-119 adopted by the City Council on the 21 st of May, 2002, the City of Stillwater accepted the Report of the Library Board Task Force that recommended a Stillwater Public Library facility upgrade and expansion, including an adjacent parking structure; and WHEREAS, more than $4,000,000 in cash donations and pledges have been received by the Library Board and placed in the City Library Fund as required by law in furtherance of the Library facility expansion and upgrade; and WHEREAS, the Library Board has requested that the City Council take action in furtherance of Resolutions 2002-118 and 2002-119 by making commitment to a schedule for the issuance of its General Obligation Bonds envisioned by Resolutions 2002-118 and 2002-119; and WHEREAS, Minn. Stat. S 134.15 authorized the Library Board, with the consent of the City Council, as expressed in Resolution 2002-118 and 2002-119 to accept gifts, grants, levies, and pledges from any person for library purposes; and WHEREAS, Minn. Stat. 9134.15 authorizes the City Council to pledge itself by resolutions to pledge compliance with any gift so accepted; and WHEREAS, Minn. Stat. S 134.11, subd. 2, gives the Library Board exclusive control of the construction of library buildings and of the grounds, rooms and buildings provided for library purposes; and WHEREAS, the Library Board is prepared to finalize plans and specifications of the renovation project, to contract by personal service contract with a construction manager for management of construction, contract for the renovation project and to begin work under the contract with funds available and held by the City in the Library Fund; however, only on the condition that the City irrevocably pledge to a timely issuance of its General Obligation Capital Improvements Bonds that will be needed to fund the completion of the renovation project envision by Resolution 2002-118 and 2002-119; and WHEREAS, the City will be unable to issue qualified tax-exempt obligations in the amount envisioned by Resolutions 2002-118 and 2002-119 in the calendar year 2005, since the City can no longer reasonably anticipate that the amounts of qualified tax-exempt obligations (within the meaning of Section 265(b )(3) of the Internal Revenue Code) which will be issued by the City during the calendar year 2005 will not exceed $10,000,000; and WHEREAS, the City can find that the reasonably anticipated amount of qualified tax- exempt obligations (within the meaning of Section 265(b )(3) of the Internal Revenue Code), including amounts anticipated by Resolutions 2002-118 and 2002-119, which be issued by the . City during the calendar year 2006 will not exceed $10,000,000. NOW, THEREFORE BE IT RESOLVED: 1. That the City Council endorse the proposed action of the Library Board to finalizing plans and specifications for the renovation, to enter appropriate contracts for construction management of the renovation project, and to begin construction with funds donated for the purpose and held by the City in the Library Fund. 2. That the City agrees to release funds to the Library Board in furtherance of their purpose upon such assurances as required by the treasurer of the City of the payment of public funds according to law. 3. That the City irrevocably pledges that during the calendar year 2006, it will caused to be issued its qualified tax-exempt obligation in the amounts pledged in Resolutions 2002-118 and 2002-119. Enacted by the City Council of the City of Stillwater this 1 st day of March, 2005. CITY OF STILLWATER Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . . # . MEMORANDUM TO: Mayor and City Council FROM: Klayton Eckles, Director of Public Works ,/ ~l? DATE: February 24,2005 SUBJECT: Policy Adoption Concerning Minimum Charges for Failure to Connect to City Sewer and Water . DTs:rnS:S:TnN One of the requirements in the city's ordinance is that property owners that have city sewer and water available connect up to these facilities. On the North Hill project, we had a large number of residents using well and septic who now have city sewer and water available. The city ordinance requires that the Public Works Director notify these people of the need to make a connection. The attached draft letter is an example of what we might send to the residents as part of this notification process. This letter proposes that the surcharge for failure to connect to the sewer and water would equal the amount of the minimum quarterly sewer and water bill. In addition for those properties that fail to hookup that have not received a variance from the City an additional penalty would be assessed bringing the total charge with penalties to two times the sewer and water quarterly minimum fees. Using this approach the charges would be as follows: Prooertv Status Homes that hookup to the sewer and water Homes that receive a variance but do not hookup Homes that do not hookup and do not get a variance Charges normal sewer and water billing $52.50 per quarter $105.00 per quarter . The attached letter is proposed to be sent out in the near future and would allow residents up until the end of July to either make a connection or obtain a variance to the City's requirement for a connection. As Council has discussed in the past, the concept of charging the minimum charge, even for those who do not connect, provides incentive for those to connect as well as a funding source to cover the significant city contribution to the project and the on-going cost to operate our utility infrastructure. It is recommended that ifthe City Council does approve the proposed charges as part of the city policy, that these charges be modified in the future to reflect the minimum charges for both sewer and water in the City of Stillwater. This way the policy would be self-correcting for inflation factors. ~ . The other aspect of our city's ordinance and policy that Council may wish to discuss is whether or not we should apply this surcharge approach to all properties in the city. There are probably an additional couple dozen properties sprinkled around the city especially on the south hill that have not hooked up to city sewer and water. Application of the policy throughout the city would provide a more uniform policy as well as incentives for some property owners that still have not made connection. RECOMMENDATION Staff recommends that the city council adopt a policy to set the minimum surcharge for homeowners that have city sewer and water available but fail to connect as well as the penalty clause that would require an additional surcharge for property owners that do not receive a variance from the city's ordinance. ACTION REOUIRED If Council concurs with staff recommendation Council should pass a resolution adopting a policy related to surcharges for failure to connect to city services. . . DRAFT . February 15,2005 To: North Hill Area Residents Subject: Required Connection to City Sewer and Water Dear Resident: As the North Hill project is nearing completion, we'd like to thank residents for their patience and cooperation through this challenging project. As of November 2004, all of the homes in the North Hill area were provided with access to sewer and water utilities. There is some additional paving, landscaping and cleanup work that will be completed during the spring of2005. One of the challenges for me as the Public Works Director is the requirement that I notify you of the City's ordinance requiring hookup to the sanitary sewer and water system. This ordinance exists to protect the health and safety of our citizens as well as protect the environment. It also ensures that the city's expensive infrastructure is fully funded by all the residents in the community. . The Stillwater city code requires that homes that are using private well and septic systems hookup to city sewer and water when it becomes available. City Code states that when property owners receive notification from the Public Works Director, a permit application and connection shall be made within a period of 90 days upon receipt of the notification. The city code also allows property owners to appeal for a variance to this requirement. Some propeliy owners may recall earlier discussions where city staff described past council actions that allowed residents in other project areas to make the choice to hook up. The city council has detern1ined that because of the nature of the area, size of the lots, and age of many of the systems, variances would only be granted on a case-by-case basis for the North Hill project area. In order to determine if you are eligible for this variance, you can request an information packet from the Engineering Department by contacting Beth Neeck at 430-8837 within 30 days of receiving this notice. In order to make a connection to the sewer and water, residents should contact the Building Department in order to obtain a permit as well as a list of contractors licensed to perform this type of work. The phone number for the building department is 430-8825. Given the difficulty constructing during winter months the 90-day period for connection will be extended to August 1,2005. For property owners that are not hooked up to city sewer and water at that time, a sewer surcharge will be imposed on the property in an amount equal to the minimum quarterly charge for sewer and water in the City of Stillwater. For those properties not hooked up to sanitary sewer and water that have NOT received a variance from the City, an additional penalty charge will be assessed. If you have any questions regarding the city ordinance, please feel free to contact me at any time and I'll be happy to discuss this further. . Sincerely, Klayton Eckles Director of Public Works . Sec. 29-1. Sewer service charges. Subd. 1. To pay for the construction, reconstruc- tion, repair, enlargement, improvement or other obtainment and the maintenance, operation and use of the sanitary sewer system of the city. The city council may, from time to time by resolution, impose just and equitable charges for the use and availability of the facilities, all pursuant to and in accordance with Minnesota Statutes ~ 444.075, Subd. 3. . Subd. 2. Each charge levied by this section is hereby made a lien upon the lot, parcel ofland or premises served by a connection to the sewer system and the clerk shall, on or before October 10 of each year, cause a statement of all charges which are on September 30 of each year more. than 90 days past due, with a description of the lots and parcels of land upon which premises served are situated and the names of the owners thereof, if known, to be certified to the county auditor for collection with taxes against property as other taxes are collected. A penalty charge of $5.00 or ten percent of delinquent charges due, whichever is greater, shall be added to the amount to be certified to the county auditor to reimburse the city for administrative expenses resulting from the delinquency. Subd. 3. Any unpaid charges levied pursuant to this section, and properly billed to the owner or occupant of any premises served, may be recov- ered in a civil action by the city in any court of competent jurisdiction. Subd. 4. There shall be kept and maintained a separate fund, to be designated as the sanitary sewer revenue fund, into which fund shall be placed all sewer service charges when collected and all monies received from the sale of any sewer facilities or equipment or any byproducts of sew- age treatment or disposal. The fund shall be used first to pay the normal, reasonable and current costs of administering, operating and maintain- ing the sewer system and facilities. Net revenues from time to time received in excess of costs may be pledged by resolution of the city council, or may be used though not so pledged for the pay- ment of all or part of the principal and interest on . Supp. No. 20 SEWERS !i 29-3 obligations issued to pay the cost of reconstruct- ing, repairing, enlarging or improving the sewer system. . (Code 1980, ~ 29.01; Ord. No. 641, 10-15-85; Ord. No. 693, 2-7-89; Ord. No. 790, 7-19-97; Ord. No. 842, ~ 1, 10-7-97; Ord. No. 936, ~ 1, 5-6-03) Sec. 29-2. Connection with sanitary sewer system. Subd. 1. Permits. Any person, firm or corpora- tion desiring to directly or indirectly connect premises or property located inside or outside the city limits with the sanitary sewer system of the city, shall first make application therefor to the city engineer who is hereby authorized to deny a permit or to grant if it should appear that the applicant may in any way adversely affect the sanitary sewer system. Subd. 2. Fees. The permit fee for connection to the City sanitary sewer system must be paid for each connection in the amount established by the city council by resolution. In addition, before any permit is issued, the following conditions must be satisfied: (1) No permit may be issued to connect with any sanitary sewer system of the city directly or indirectly from any lot or tract of land unless the city engineer has certi- fied: a. That the lot or tract ofland has been assessed for the cost of construction of the sanitary sewer main or trunk with which the connection is made; or b. If no assessment has been levied, that a sum equal to the portion of cost of constructing the sanitary sewer main or trunk which would be as- sessable against the lot or tract has been paid to the city. (Code 1980, ~ 29.02; Ord. No. 871, ~ 1, 1-5-99) Sec. 29-3. Connection to sewer system. Subd. 1. Required. The owner of all houses, buildings or properties used for human occu- pancy, employment, recreation or other purposes and abutting on any right-of-way in which there CD29:3 . * 29-3 STILLWATER CODE is located a public sanitary sewer of the city is hereby required to connect facilities directly to the city public sewer. A permit application and connection shall be made within a period of 90 days of receipt of notification from the public works director. The public works director must issue notification in any of the following cases: (1) Surface eruption of sewage. (2) Backup of sewage from the disposal unit into other facilities of the system. (3) Discharge of a tracer dye from the dis- posal system. (4) Discharge of a flowing stream of raw or partially treated effluent from the treat- ment units of the system to the environ- ment. . (5) Contamination of groundwater by treat- ment or disposal units of the system. (6) Any part of the system is located in an area demonstrated to exhibit fluctuations in the groundwater or surface water to within three feet vertically of the lowest elevation of the system. (7) Any part of the system is located in an area having been designated by the county soils atlas or floodplain maps to be subject to seasonal fluctuations of groundwater or surface water elevations which are less than three in vertical separation from the system. (8) Any conventional onsite disposal system located in an area designated by the county soils atlas as having soils typically exhib- iting percolation rates slower than 60 mpl. (9) Any mounded type of disposal system is located in an area designated by the county soils atlas as having soils typically exhib- iting percolation rates slower than 120 mpl. (10) Any type of disposal system located in an area designated by the county soils atlas as having soils typically exhibiting perco- lation rates faster than five mpi. . Supp. No. 20 (11) Any type of disposal system located in an area designated as floodplain by the county soils atlas or other governmental spon- sored publication. (12) Any type of disposal system located in an area designated by the county soils atlas as having soils which have typically less than four feet of separation from bedrock or other impermeable barrier. (13) Any part of the disposal system located in an area closer than 50 feet to any portion of a public or private water supply. (14) Any system constructed with materials prohibited or of inferior or lesser quality than that required by the city's on site Sewer ordinance. ~ (15) Any system exhibiting an emission of no x- ious odors discernible from a separated distance of ten feet. (16) Not later than January 1, 2010. (17) The completion of construction and the placing in service of a public sanitary sewer system in the right-of-way adjacent to a building used for human occupancy, employment or recreation. Subd. 2. Appeal. The property owner shall be permitted a period of 30 days following receipt of the notification to request a variance from this section from the city council. The city council shall then issue an order suspending or enforcing the public works director's notification within a further period of 30 days. If a variance to immediate hook up is granted by the city engineer or city council, a sewer surcharge shall be imposed on the property in an amount set by the city council from time to time by resolution. Subd. 3. Immediate connection required. Any new building built within the city which is on property which has city sewer service available must have its plumbing facilities connected to the city sewer system upon construction. The use of individual sewage disposal systems shall not be allowed. In addition, any building in which a CD29:4 . . . MEMORANDUM TO: Mayor and City Council . C;JtrS FROM: Shawn Sanders, Assistant City Engineer DATE: February 22,2005 RE: Designation of Brick Street as a Municipal State Aid Street DISCUSSION As part of the Boutwell Road Area Study, one ofthe recommendations was to have Brick Street from Myrtle to Olive Street designated as a Municipal State Aid Street. This section of road has seen an increase in traffic due to installation ofthe traffic diverter at Olive and Deer Path. Once the street is designated, the City would able to use State Aid funds to reconstruct and or upgrade to the:street to handle the increase in traffic. RECOMMENDATION It is recommended that Brick Street from West Olive Street (CSAH 5) to West Myrtle Street (CSAH 12) be added to the Municipal State Aid Street System and designated as a State Aid Street. ACTION REOUIRED If Council concurs with the recommendation they should pass a motion adopting RESOLUTION NO. 2005- RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS. RESOLUTION 2005- RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAY . WHEREAS, it appears to the City Council of the City of Stillwater that the street hereinafter described should be designated Municipal State Aid Street under the provisions of Minnesota Law. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater that the road described as follows, to-wit: Brick Street from W.Olive Street (CSAH 5) to W. Myrtle Street (CSAH 12) , be, and hereby is established, located, and designated a Municipal State Aid Street of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies ofthis resolution to the Commissioner of Transportation for consideration, and that upon approval ofthe designation of said road or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Stillwater to be numbered and known as Municipal State Aid Street 169-123. Adopted by the City Council of the City of Stillwater this 1st day of March, 2005. . Mayor ATTEST: City Clerk . . . . MEMORANDUM TO: Mayor and City Council c0 FROM: Shawn Sanders, Assistant City Engineer DATE: February 22, 2005 RE: Poplar Street Speed Limit DISCUSSION As part of the North Hill Sewer Project, Poplar Street from Second Street to Fifth Street was constructed as a thru street. The entire length of the street has steeper than normal grades, combined with two crest vertical curves speeds are sometimes greater than the 30 mph speed limit. Also, the vertical curves h~ve limited stopping site distances and blind driveways accesses, creating potential hazards for drivers. As part of the project we have included some traffic calming to lower the traffic speed on Poplar Street, which include the installation of medians in various locations along the street. Another measure to control the speed on Poplar Street is to lower the speed limit to 25 mph. This is allowed through Minnesota Statute 169, which gives the Council the authority to lower the speed limit on residential roadways not greater than a one-half mile in length. Generally changing speed limits to levels below the statewide minimum of 30 mph creates inconstancy, confusion, and political challenges, so it is not recommended. In the case of Poplar Street, we have a unique identified problem and we have received a traffic engineers recommendation to do so and there is neighborhood support. RECOMMENDATION It is recommended that the speed limit on Poplar Street from Second Street to the western terminus be lowered to 25 mph. ACTION REOUIRED If Council concurs with the recommendation they should approve RESOLUTION 2005- RESOLUTION ESTABLISHING A 25 MPH SPEED LIMIT ON POPLAR STREET FROM SECOND STREET TO THE WESTERN TERMINUS. RESOLUTION ESTABLISHING A 25 MPH SPEED LIMIT ON POPLAR STREET FROM 2ND STREET TO THE WESTERN TERMINUS . WHEREAS, Poplar Street is a street located within the City of Stillwater, Washington County, Minnesota WHEREAS, According to Minnesota State Statutes 169.01 Subd. 81, since Poplar Street is less than one-half mile in length, and classified as a local street by the City Council, Poplar Street can be designated a residential roadway WHEREAS, Poplar Street is a unique street within the City of Stillwater, with steep grades, blind drive accesses, and inadequate stopping sight distances . · NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stinwater that the speed limit on Poplar Street from 2nd Street to the western terminus be lowered to 25 mph in accordance Minnesota State Statutes 169.14 subd.2(7): ..; ADOPTED ,2005. Mayor Anl::~'sT: . City Clerk . . . . February 22,2005 Councilman David Junker City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082 T Dear Councilman Junker: My name is Jim V oosen. My wife and I live at 1020 Fifth Street South. Our home is located on the northwest corner of Fifth and Hancock. I, along with several of our neighbors, attended the City Council meeting on February 15, to learn about the proposed renovations of Fifth and Hancock, which are planned for this summer. As Shawn Sanders presented the proposed project plan for street improvements, we were all very pleased to learn that sidewalks were not included for Fifth or Hancock. After Shawn had completed his presentation, discussions seemed to center around the Deer Path project, along with some concerns from residents on the former site of Rose Floral. Noting that these concerns would not affect improvements to our property, and as the Project Plan had everything we were looking for, we decided there would be no need for any of us to come up to the podium. It was at this time we decided to leave the meeting. I turned on the broadcast of the meeting after arriving home and was very disturbed as to the direction the Council was taking in regards to sidewalks on Fifth Street. Several of my neighbors met over the weekend to discuss the sidewalk issue. I would to point out a few of our concerns: · Many of the homes on Fifth Street from Hancock to Churchill have very minimal setbacks from the street. Our home is only 21 feet from the street to the front of our home. Should a sidewalk be installed, we would totally lose any front yard we now have. · Many of the homes on the west side of Fifth Street have steep embankments. If a sidewalk is put in, retaining walls would probably be required. These additional expenditures over and above the proposed assessments would be very expensive for the property owners. . . I have spoken with senior citizens who walk their dogs every day, and they are dead set against sidewalks. They mentioned that in the winter, the areas that have sidewalks are either not shoveled, or, they are icy, and unsafe to walk on. They prefer walking along the side of the street for better traction and not having to worry about falling and breaking bones. · Many of our neighbors feel that the vehicle traffic on Fifth Street is so minimal that there is no concern about walking on the side of the street. · Pedestrian traffic on Fifth Street is also minimal. Yes, we see people taking Sunday afternoon walks, but the foot traffic is not near the levels of other streets in Stillwater. . The former Senior High now Junior High has operated at its current location for some 40 years without sidewalks on Fifth Street. We see no need to make any changes now. · As the project was originally laid out two years ago, there would now be additional costs to the homeowners for resurveying, reengineering and bringing the plans up to date. . While the residents of Fifth Street have concerns over sidewalks, we are all for the street improvements. We have all taken notice of the street improvements in other neighborhoods and look forward to the project being completed in our neighborhood which would enhance the look of all of our homes. Our main concern at this time is to express our thoughts to you, and the Council, as to how we feel about this issue. In fact, many of my neighbors want to start a petition "against" the construction of sidewalks on Fifth Street. I hope you, and the Council, take our concerns into consideration when reviewing the project for Fifth Street. We would encourage the Council to move forward with the project as proposed by Shawn Sanders and "NOT" include sidewalks on Fifth Street. Many of my Fifth Street neighbors, including myself, would be happy to meet with you, along with attending the next Council meeting, to discuss this issue and answer any questions you may have about our position. Thank you for your time. . , . . . ~erely, . 1 \ j1, (1/\ l/ (~1z{A.^,---- ';t:J~ JiallJes M. Voosen 1'820 Fifth Street South Stillwater, Minnesota 55082 Home - 651.351.1612 Work - 651.665.4710 Email -i.voosen(a)comcast.net Email cc:sdiemler(a)msn.com i .mapel(a)comcast.net i akoy(a)netzero .net Steve Diemler, 1104 South Fifth Street Jim Mapel, 1016 South Fifth Street Ernie J akoy, 1021 South Sixth Street Hardcopy cc: Stillwater City Council 216 North Fourth Street Stillwater, Minnesota 55082 \ rJ;: .w,~er ~ -~ ---=::: ~ --- -'\ ~ THE BIRTHPLACE OF MINNESOTA J . February 24,2005 Rick Amebeck MN Department of Transportation Metropolitan Division, Waters Edge 1500 West County Road B2 Roseville, MN 55113 Subject: City of Stillwater Resolution supporting the ST. Croix River Crossing Project Dear Mr. Amebeck: Please find the attached resolution passed by the Stillwater City Council. This resolution demonstrates the City of Stillwater's support for the completion of a river-crossing project as presented under the B-1 altemative. The City Council finds that the river- crossing project is more important than the TH 36 corridor improvements and therefore . does not wish to see decisions made on the TH 36 conidor delay or jeopardize the river- crossing project. Since the alternative for the TH 36 conidor that seems to have the greatest potential for helping the liver crossing project become a reality, is the at-grade option, the City Council also gave the nod of approval to at-grade intersections. Although the City Council did find the at-grade intersections acceptable if it meant the river-crossing project had a better chance of success, the City Council was not pleased with the fact that the at-grade intersections along the conidor would yield congestion and traffic flow problems along and around the corridor almost immediately after completion of the improvements. Therefore the Stillwater City Council would still be willing to work with MnDot to look for better solutions to the TH36 corridor as long as those solutions do not jeopardize the bridge project. If you have any questions about this resolution please feel free to contact me. Sincerlr.0 L- Ji{(? L- KlaytOl1 Eckles Publjc Works Director . CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 . . . RESOLUTION 2005-42 RESOLUTION SUPPORTING MNDOT'S EFFORTS TO OBTAIN APPOV AL IN ADDITIONAL FUNDING FOR THE V-I STILLWATER RIVER CROSSING AND TRUNK HIGHWAY 36 AT-GRADE INTERSECTIONS "VHEREAS Minnesota Department of Transp0l1ation (MnDot) is preparing its prefened altemative that includes the B-1 design for the Stillwater river crossing and at-grade intersection design for the TH36 corridor, and WHEREAS these improvements would default to a year 2025 construction schedule if adequate funding is not obtained, and WHEREAS this project is considered a high priority project by the State and Federal govemments, and WHEREAS increasing traffic congestion and the resulting enviromnental and social impacts are diminishing the quality of life and economic vitality in the Stillwater community and sunounding areas, and WHEREAS although the at-grade intersection improvements proposed for TH36 will not COITect the deficiencies in the TH36, they do offer some temporary relief and reduce the impediments for completing the river crossing, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. The City of Stillwater suppor1s MnDot in its efforts to obtain additional funding for the B 1 Bridge proposa 1 including at-grade intersections on the TH36 corridor. 2. City of Stillwater encourages and supp0l1s MnDot to take all necessary steps in order to secure necessary funding to complete this project. 3. The City of Stillwater will participate in communicating the need for this project. 4 The City of Stillwater will supports the B 1 concept as well as the at-grade intersection concept for the TH36, subject to condition that MnDot be open to consider enhancements of the CUITent preliminary design ofthe TH36 corridor. Adopted by the Council this] 5th day of February 2005. Attest ~ J aJ~Cf """"'"" Diane F. Ward, City Clerk ~ d-Y /4 ~,{~~ay~ STILL WATER TO\VNSHIP February 24,2005 Stillwater Town Hall . THOMAS VARIANCE HEARING AT 6:45 PM Regular Meeting: 7:00 P.M. Chair: Hiniker A{!enda: Adopt Minutes: Approve Minutes: Regular Town Board Meeting February 8,2005 Treasurer: 1. Report 2. Claims and Checks 3. Motion Board of Audit Duties 2004 (See Below) Attornev: 1. Planner: 1. Busse Minor Subdivision (lot elevations) 2. Ent'ineer: 1. . Buildint' Insoector Reoort: 1. Clerk: 1. Committees: 1. Park Committee 2. Planning Commission Report Peoole Portion: 1. Chief of Police Report (Kennel License Request) 2. Lawn Service Contract 3. Oak Tree Issue-Mike Raleigh to Be Present Old Business: 1. New Business: 1. Adiourn: Since claims, checks, and balances have been reviewed and accepted regularly at scheduled town board meetings through-out the year, the board of audit duties as found in MN Statute 366.20 have been satisfied for 2004. . 2/23/2005 Pat Bantli . February 10, 2005 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson Jim Hiniker, Supervisors Sheila-Marie Untiedt, Linda Countryman, David Johnson and Jim Doriott. Also, Treasurer Gloria Sell, Planner Dick Thompson and Attorney Soren Mattick. 1. AGENDA - M/S/P Doriott/Untiedt moved to adopt the agenda as amended. (4 ayes) 2. MINUTES - M/S/P Untiedt/Countryman moved to approve the 1/27/05 Stillwater town board meeting minutes as amended: a. Change ending time to 7:40 p.m. b. Add 6 p.m. - 8:30 p.m. to items 9a and b (4 ayes) M/S/P Untiedt/Countryman moved approval of the 2/8/05 Stillwater township .Budget/Organizational meeting minutes as written. (4 ayes) David Johnson arrived. 3. TREASURER- a. Claims and checks #17108 through #17146 were approved for payment. b. M/S/P Countryman/Untiedt moved to accept the LMC Insurance Trust quote of $579.00 for 2005 workers compensation coverage. (5 ayes) c. M/S/P Johnson/Doriott moved to approve purchasing a $49,000.00 CD at 3.1 % interest from Jennings Bank. (5 ayes) d. The treasurer has established a 2.60/0 increase for the 2006 levy which will be presented to the people for their vote at the 2005 annual meeting. e. Regarding escrow amounts retained for the planner's time when talking with residents, a threshold will be set for the amount of free time and when escrow money is required. 4. ATTORNEY- a. It was explained to those present that the Loe's have cut around the end caps in question and will remove them when they can properly seal the balance of the structure. No further action at this time. b. Donations by the town board toward recreational type sports activities for young . Stillwater Town Board Meeting - 2/10/05 Page Two people is allowed. The public does not have to be involved but it is o.k. to do . it that way. c. In answer to paying claims from previous years there is no time limitation on claims being submitted and paid. 5. BUSSE REZONING - M/S/P UntiedtjDoriott moved to change the Busse property zoning from conservancy to agriculture. (5 ayes) 6. CUMMINGS. MEINECKE. JOHNSON. SEEFERT REZONING - Met Council passed a resolution on December 20, 2004 changing conservancy zoning to agriculture for the Cummings, Meinecke, Johnson, Seefert parcels in Stillwater Township. M/S/P Johnson/Doriott moved to change the Stillwater Township Comprehensive Plan eliminating conservancy designations on the Cummings, Meinecke, Johnson, Seefert parcels (total of 172 acres) and changing the designation to agriculture. (5 ayes) M/S/P Johnson/Untiedt moved to rezone land of petitioning property owners Cummings, Meinecke, Joh'nson and Seefert from conservancy to agriculture. (5 ayes) 7. CONSERVANCY ZONING CHANGE - The planner will contact the balance of owners who have conservancy zoning status on their land to discuss doing away with that zoning. In March the planning commission will hold a hearing, then take appropriate. steps to remove the conservancy designation and rezone the property to agriculture. Some landowners have paid escrow amounts for changing their zoning and others may not in future. This issue will be dealt with at a later date. 8. BUSSE MINOR SUBDIVISION - Engineer Paul Pearson feels that a further look at elevations is prudent. This should be resolved at the next town board meeting. 9. OAK TREE ISSUE - A tree on citizen Gloria Sell's property appears to have been damaged by improper trimming by a township crew. Attempts have been made by Ms. Sell to reach the person in charge of the crew who did the trimming. There has been no response. The clerk was asked to contact Mr. Raleigh and instruct him to deal with Ms. Sell on this issue. 10. O'CROWLEY RESIDENTIAL KENNEL LICENSE REOUEST - Steve Nelson will be asked to check out this residential kennel license request and report back to the board at the next meeting when surrounding property owners have had a chance to respond. 11. PARK BALL FIELD SCHEDULE, - There has been sensitivity on the part of park members because the town board members have allowed reservations on Tuesdays this summer to a group not part of the VAA. Sheila-Marie Untiedt and Jim Hiniker will wore Stillwater Town Board Meeting - 2/10/05 Page Th ree . on a policy for reservations that will include a broad scope of the community. The supervisors have the ultimate authority to allow a variety of teams to use the Otto Berg Park ball fields. 12. SOUND SYSTEM - The clerk will contact Johnny's T.V. to install the modified sound system in the town hall that the board previously approved. 13. BOARD OF REVIEW - Jim Hiniker reported that after 2005 the township can opt out of handling board of review activities. Consideration of this issue will come at a later date. 14. ADJOURNMENT - Meeting adjourned at 9: 15 p.m. Clerk Chairperson .APproved . ?2S-15-20G~ G9:l~ l),r;.SE CTY AD:/; I ~T 5,5: _ fOif P.GGi/G05 Summary of Proceedings \Vashington County Board of Commissioners January 25, 2005 . Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; Myra Peterson, District 4; and Dick Stafford, District 5. Absent none. Board Chair Peterson presided. Assessment. Taxpaver Services and Elections Approval of a one day temporary 3.2 malt liquor license for the Fireman's Ball on February 26, 2005 at the New Scandja Community Center. Community Services Approval of the following actions: 2005-2007 adult foster carc contract with REM Minnesota Community Services, Inc.; 2005-2007 contract \v-ith Hope Housc of St. Croix Valley for corporate adult foster care services; Twin Cities Habitat for Humanity application to become a Community Housing Development Organization; 2005 contract with Rule 36 Limited Partnership of Duluth ill for residential carc and program services at Hamilton House in Lake Elmo; Amend agreement with Ramsey County Housing and Redevelopment authority in order to provide consultation and support for the Community Development Block Grant and HOME . Investment Partnership programs; Amended bylaws for the Citizen Advisory Committee for the Community Development Block Grant program. County AttolJlev's Office An Executive (Closed) Session was held for an attorney-client discussion on a proposed settlement of compensation and damages for Parcels 13 and 14 of right of way Plat No. 134 related to CSAH 13. General Administration Approval of the following actions: Conservation easement on the City of O~dale property purchased through the Purchase of Development Rights Local Matching Grant Program; .2 full time equivalent increase in the Public Information Coordination IVWebmaster position; Resolution No. 2005-012, requesting the Metropolitan 911 Board to reject the National EMS Scope of Practice Model Draft 1.0 and encourage a revision be drafted; Legislative update presented; Board correspondence was received and placed on .file. . LOCCiTImJ :651 r-; TIME r- (> . /)(", "0L. . . . :'l:~d-l6-L:LI'~'2 cs: 14 ~~!..... '''': .~ ,.....-=-:: ~' . UUL." UU:J Housjn~ and Redevelopment Authority Approval to appoint Barr: Johnson, \Voodbury, to the Housing and Redevelopment Authority Board to fill an unexpired term to December 31, 2005. Transportation and Physical Development Approval of the following actions: Amendment No. 4 to office space leases for title companJes utilizing space within the Government Center; Public hearing held to consider an application for a comprehensive plan amendment and rezoning of 213 acres of property in Bay'to\vn Tovmship; Resolution approving th~ rezoning request for 213 acres of property in BaytO\vn Tovmship to be brought back at next weeks meeting: Transfer of County Road 58 to May TO\V'Ilship; 2004 Young Transportation Professional of the Year Award from the Institute of Transportation Engineers - North Central Section presented to Wayne Sandberg; Minnesota Asphalt Paving Association Award of Merit presented to county transportation staff for the CSAH 7 proj ect; Resolution No. 2005-008, support of Broadway Avenue interchange and roadway improvements; Resolution No. 2005-009, support of the Red Rock Corridor transitway improvements; Resolution No. 2005-010, support of the Rush Line Corridor transitv.ray improvements Resolution No. 200S-0l1, suppon of Main Street intcrerumge and roadway improvemCTIts; Board \vorkshop held for an update on the St. Croix Valley Trail planning effort. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, \Vashington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. I O~,j : S,E:, 1 "',-,,,.-- r-=:::,) 1 I' ~,',.' T} 02'/16 ' ,'~';9 : ?23-13-20C::: 9: 14 l)},;S~ IJ 1 1 ;:.[::'; I N CC)" 4030 Gel: ?~003/005 Summary of Proceedings \Vashington County Board of Commissioners February 8, 2005 . Present \,vere Commissioners Dennis C. HC2berg, District L Bill Pulkrabek, District 2; Gary - ,-,. - Kriesel, District 3; Myra Peterson, District 4; and Dick Stafford, District 5. Absent none. Board Chair Peterson presided. Assessment. Taxpaver Services and Elections Approval of the following actions: Resolution No. 2005-015, deny ratification of the contract extension between Affiliated Computer Services and Minnesota Counties computer Cooperative; Resolution No. 2005-016, conveyance ofta"X forfeited land for an authorized public use. Community Corrections Approval of purchase of service agreement with Human Services, Inc. for domestic abuse assessment 'and treatment, the P.L.AC.E. program in Stillwater and the Community Options program. Community Services Approval of the follo'Ning actions: Appoint Bo Bogotty, Forest Lake, to the Community Development Block Grant Citizens Advisory Committee representing District 1, to a first term expiring December 31,2007; Contract with East Suburban Resources to provide training and employment services for Minnesota Family Investment Program participants; Contract with Minnesota Department of Human Services to provide Integrated Services Project services to certain participants in the Minnesota Family Investment Program; 2005-2007 contract ,vith Totems, Inc. to provide community based mental health services. . Financial Services Approval to amend Policy No. 2014, Petty Cash and Change Funds by increasing it by $20 to $8,100. General Administration Approval of the follov-,ring actions: Revision to the County Data Practices Manual, Policy 1300; Resolution No. 2005-014, appointment of county responsible authority and compliance officer regarding the Data Practices Act; Establish reserves and designations of fund balanccs for the fiscal year ended December 31, 2004; Legislative update presented; Resolution No. 2005-019, responding to H.F. 34 and S.F. 467 proposing to remove the . Veterans Rest Camp from the Big Marine Park Reserve; Update from the k\.1C Legislative committee mecting; Board correspondencc was rcceived and placed on file LOCHT I m\j :651 (,017 R:>( T I [IE 6' . . . FEB-15-2005 09: 14 i).: f..S~ C'Y'{ h.L)>il H ~3;J - C V 1 I C'-':\ l . . L'~, Public Health and Environment Approval of the following actions: Highlights and accomplishmcnts of the Groundwater Plan for 2004 and items included in the 2005 work plan; Board workshop held to discuss staffing needs for groundwater/surface ,vater responsibilities. Transportation and Phvsical Development Approval of the following actions: Appointment Michael Vogel, Woodbury, to the Planning Advisory Commission to Ell 3..'1 unexpired tenn to December 3 1,2005; Resolution No. 2005-017, final payment to Tower Asphalt for CSAH 7 road construction; Resolution No. 2005-018, final payment to Daffinson, Inc. for 2004 road maintenance crack filling; Grant from 3M and the National Association of County Engineers for a driver feedback sign to be used in Stillwater on CR 12 near Brick Street; Cooperative agreement with the City of Woodbury for construction on Radio Drive from 1- 94 to Tamarack Road. 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. ~ LOCHT I DrJ: j::O 6017 RX TIME 02/16' (':q . ~t) '-' '-, . ",'L- F28-15-2003 C'9: 1 ~ i;} ASH CT';" ~ -. ~ ~ ).' f'..:...-I ;'; 1 ~-~ 5;::;.: .;-:.U 5C'l7 P.C103'OO~ Summary of Proceedings \Vashington County Board of Commissioners February 1,2005 . Present were Commissioners Bill Pulkrabek, District 2; Gary Kriesel, District 3; Myra Peterson, District 4; and Dick Stafford, District 5. Commissioner Dennis C. Hegbcrg, District 1; absent. Board Chair Peterson presided. . Assessment. Taxpayer Services and Ejections Board workshop held to discuss the proposed 2005-2008 contract extension with Affiliated Computer Services and Minnesota Counties Computer cooperative. Commissioner Reports - Comments - Ouestions The Board held a moment of silence for Lester Rydcen, former County Commissioner from Distnct 1, who passed away this past weekend. General Administration Approval of the following actions: Resolution No. 2005-013, honoring Manhcw Allen Bailey, Cottage Grove, on achieving the rank of Eagle Scout; Appoint Jocylen Thompson, Forest Lake, to the Housing and Redevelopment Authority as the public housing representative, to a first term expiring December 31, 2007; Update by Metropolitan Mosquito Control of the 2004 programs an.d an overview of the 2005 budoet. .. LeJsl~tive update presented; Board correspondence was received and placed on file. Information Technolo~ Approval to reject all bids submitted for the Telecommunications Systems Replacement/Upgrade project and authorization to re-advertise. Sheriff's_Office Board workshop held On funding possibilities for the Regional 800 MHz radio system. Transportation and Phvsical Development Approval of the following actions: Settle compensation and damages fOf Parcels 13 and 14 of Washington County Highway Right of Way Plat No. 134 as it pertains to the re-alignment of CSAH 13. Cooperative agreement with the City of Lake Elmo for the environmental and preliminary design services for an alternatives analysis for State Trunk Highway 5 around the Old Village Area of the City of Lake Elmo. A complete text of the OfficiaJ 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. LOCH! I m!: 5'=,1 6017 RX TIME (:2/16 'C15 IJ9:32 TOT;'.L ? 00:: Diane Ward From: Asent: ~o: Subject: Pat Raddatz [Pat.Raddatz@co.washington.mn.us] Thursday, February 24,200512:52 PM Pat Raddatz Washington County Board Agenda - 3/1/05 Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County Board Agenda March I, 2005 * 9:00 a.m. 1. 9: 00 - Roll Call Pledge of Allegiance 2. 9:00 - Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number 411Jf individual presentations to accommodate the scheduled agenda items. 3. 9:10 - Consent Calendar 4. 9:10 - Assessment, Taxpayer Services and Elections * Kevin Corbid, Director Petition to Detach Parcel from School District and Annex it to School District 834 5. 9:20 - Transportation and Physical Development * Mike Rogers, Planner Joint Powers Agreement with the City of Forest Lake for the North Service Center 6. 9:40 - Public Health and Environment * Cindy Weckwerth, Program Manager A. Report by Washington Conservation District * State of the Waters, 2004 B. Encouraging the Marine on St. Croix WMO to Dissolve and Consolidate with the Carnelian Marine Watershed District 7.10:10 - Financial Services * Edison Vizuete, Director Refinance the 2000A Capital Improvement Bonds 8. 10:25 - General Administration * Jim Schug, County Administrator Legislative Update 9. 10:35 - Commissioner Reports * Comments - Questions .hiS period of time shall be used by the Commissioners to report to the full Board on ommittee 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. 1 10. Board Correspondence 11. 10:45 - Adjourn 12.10:45 to 11:30 - Board Workshop with Community Services . Discuss Projects Recommended for CDBG and HOME Funds * 2005 Annual Action Plan ************************************************************************ Meeting Notices Reminder: No Board Meeting March 29, 2005 * Fifth Tuesday March 1 - Personnel Committee 11:30 a.m., Washington County Government Center March 1 - Finance Committee 1:00 p.m., Washington County Government Center March 3 - Metropolitan Energy Task Force 1:00 p.m., 2099 University Avenue West * St. Paul March 3 - Internal Audit Advisory Committee 4:00 p.m., Washington County Government Center ************************************************************************ Washington County Board of Commissioners Consent Calendar * March 1, 2005 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 to appoint Kera Peterson, Labor Representative, to the Workforce Investment board to a first term expiring June 30, 2006. Assessment, Taxpayer Services and Elections B. Approval of application for on sale and Sunday liquor license and dance permit for the Withrow Ballroom Event Center, Inc. for the period of April I, 2005 through March 31, 2006. C. Approval to renew the off sale liquor license for AJL Enterprises, Inc. dba Scandia Olde Towne Liquor, for the period of April I, 2005 through March 31, 2006. Community Services D. Approval of contract with HIRED, a non-profit agency, to provide services for the Minnesota Family Investment Program Integrated Services Project. E. Approval of the 2005-2007 contract with Allstar Transportation to provide waiver transportation service to long-term care waiver clients. F. Approval of the draft 2005-2009 Consolidated Plan for the Community Development Block Grant Program and HOME Investment Partnership programs for release for public comment. G. Approval of the amendments to the 2003 and 2004 Annual Action Plan for HOME Investment.s Partnership {HOME} funds for release for public comment. Transportation and Physical Development H. Approval of town road allotments for the following townships: Bay town, Denmark, Grey 2 Cloud, May, New Scandia, Stillwater and West Lakeland. Pat Raddatz, Administrative Assistant Washington County Phone: (651) 430-6014 e-mail: pat.raddatz@co.washington.mn.us 3 Diane Ward From: Sent: To: Subject: Pat Raddatz [Pat.Raddatz@co.washington.mn.us] Thursday, February 17, 2005 12:03 PM Pat Raddatz Washington County Board Agenda - 2/22/05 . Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County Board Agenda February 22, 2005 * 9:00 a.m. 1. 9: 00 - Roll Call Pledge of Allegiance 2. 9:00 - Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. . 3. 9:10 - Consent Calendar 4. 9:10 - General Administration * Jim Schug, County Administrator Legislative Update 5. 9:20 - Commissioner Reports * Comments * Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 6. Board Correspondence 7. 9:40 - Adjourn 8. 9:45 to 10:15 - Board Workshop with Community Services Discuss the Proposed priorities and Strategies of the 2005-2009 Consolidated Plan For the Community Development Block Grant and HOME Investment Partnership Program ************************************************************************ Meeting Notices February 22 - Finance Committee Meeting 10:30 a.m., Washington County Government Center . February 22 - Meeting with State Legislators Regarding Veterans Rest Camp 1:30 p.m., Room 500 State Capitol * St. Paul February 22 - Planning Advisory Commission 7:00 p.m., Washington County Government Center February 23 - Mosquito Control Commission 411f:00 a.m., 2099 University Avenue West * St. Paul February 23 - Regional Solid Waste Coord. Board 10:30 a.m., 2099 University Avenue West * St. Paul February 24 - Community Corrections Advisory Board 7:30 a.m., Washington County Government Center February 28 * Library 6:30 p.m., 8595 Central Park * Woodbury ************************************************************************ Washington County Board of Commissioners Consent Calendar * February 22, 2005 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 to appoint Michelle Swanson to the Community Development Block Grant Citizens Advisory Committee, to a first term expiring December 31, 2007. B. Approval of appointments to the Public Health Emergency Preparedness Advisory Committee as follows: Mary Ann Newman, Newport, as a volunteer representative to a first term expiring December 31, 2005; and Jon Mueller, EMS Director, Lakeview Hospital, as a 4IIJosPital Representative to a first term expiring December 31, 2005. C. Approval of the following appointments to the Library Board: Gary vidlock, Mahtomedi, representing District I, and Bonita Sindelir, Woodbury, representing the at-large position to first year terms expiring December 31, 2007. Assessment, Taxpayer Services and Elections D. Approval to renew application for Consumption & Display Permit and a 3.2 malt liquor on sale and Sunday License for the Veteran's Rest Camp for the period April 1, 2004 through March 31, 2005. E. Approval of resolution, application for Minnesota lawful gambling to conduct excluded bingo from the Scandia Elementary School and Parent Teacher Organization. Community Services F. Approval of the 2005 contract with Human Services, Inc. for mental health services, chemical health services, transportation services and resources for elder care services. G. Approval of the 2005 agreement with American Red Cross, St. Paul Chapter, to provide emergency social services and crisis response services for Washington County_ H. Approval of 2005-2006 contract with Partners in Community Supports for home and community based services. Recorder I. Approval of ~ransportation a plat of Hillside Farm in New Scandia Township. and Physical Development J. Approval of resolution, final payment to Tower Asphalt, Inc. in the amount of $28,446.86 for reconstruction work on CSAH 28 in Bayport. 2 K. Approval for Transportation and Physical Development to sell replaced two-way radio system components. O./ Pat Raddatz, Administrative Assistant Washington County Phone: (651) 430-6014 e-mail : pat.raddatz@co.washington.mn.us 3