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2008-07-01 CC Packet
L. . THE rIl1X/iA[r nr NP 11i/ill REGULAR MEETING AGENDA CITY OF STILLWATER CITY COUNCIL MEETING Council Chambers, 216 North Fourth Stre JULY 1, 2008 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Louis Jambois — Metro Cities 2. Fire Station Site Discussion STAFF REPORTS 1. Police Chief 3. City Clerk 5. City Engineer/PWD 7. Finance Director 2. Fire Chief 4. Community Dev. Director 6. City Attorney 8. City Administrator RECESSED MEETING 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE 7:00 P.M. APPROVAL OF MINUTES — Possible approval of the June 17, 2008 regular meeting minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. 1. Kathy Lohmer — running for State Representative for Dist. 56A CONSENT AGENDA* 1. Resolution 2008-86 directing payment of bills 2. Possible approval to purchase multi -use rescue tool combination package for vehicle stabilization, extrication, confined space, elevator rescue and collapse shoring purposes for Fire Department 3. Resolution 2008-87, approving name change from Oak Glen Limited Partnership, DBA: Oak Glen Country Club to Oak Glen LLC, DBA: Oak Glen 4. Resolution 2008-88, approval of Software and Services Agreement with CarteGraph — Public Works 5. Resolution 2008-89, approval of 2008-2009 Annual Contract for Mowing & Clean up Services with A-1 Maintenance Inc. PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or less. 1. This is the date and time for a public hearing to consider the transfer of an On -Sale and Sunday liquor license from Stillwater Restaurants, DBA: St. Croix Crab House to St. Croix Seafood Company, LLC, cn -U O -0 O '0 U CO o � c� O) O CU co L CU o a) 2 ILO M-C U o -o _o -o o a) ci) cii = a) ci) 0 .) co 4./i) 2 0 mE c0 co 0) O O au (i)— O o � O c "al cn cif) a) o s= ci) F— cio a) co c -o &- = c (I) cC5 .� 0 E -� o o o E a_0) o � � o u) o Q 0 W _c 1.(12 - a) _o E E a) (D co Q. • U (/) • c ire; co U co V � O 0) W W r 0 O co 4-5 0 0) N • c-~,6 0 O. 0_ 0 o o. • a) N. o) a) L L N a) Y CL N o 'a N O -) _ Y cu L n- a) 2 a) t6 c c _cn CL a) O a) 3 o a_ ` 0 0 a • N v cu ��J EL . c o m ° '0o� ° c`o a>i° c ° c'� � _ 5 • a) c - 3�a L� �'cp �ci�m3 ac ' >° E. •• a�FF33t_Nc.YYcu°)E`E•Z cn <L1•_1 f6 • oo �c aUc a c00 o-o rn� -- — c c c f6 t6 O M fC f0 a) a) � ' "- N a) O ca N N 0 to T •c ca .2 O o CO L L L O O ,� .�? 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L oW oc): 0 a) —1 < Q a) ca. 2 -'j c3) '5 E H 0 ,-,c3 -17_.• o .c E co 0 u) a (1) � o O O C 00 45 0- O co U c o. o •— i E 0. < E o_ :'--' c o cr) 2 Lr) co E a) c 1 O a) p U 2 � U -(7). as � -o a) O 0 0 o ca co Q U E Q c ED_ 11< 1 1 0 -4a1a) E O a) J) - o I) a) Protected the source and much to do - Grow Program E ct, c L tri o °- o_ c E O 0 U ca c .>. a) ci) - 4- CO a) (1) L E o X � � o o o o o a) (/) U) • • submission dates -o a) 0 a) 1 cr) -o E 0 0) 0) co 4ean 0 0 co c0 0 • 1C15 2009 - $6,226 t's a bargain! RESOLUTION 2008 -86 DIRECTING THE PAYMENT OF BILLS BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the bills set forth and itemized on Exhibit "A" totaling $277,416.05 are hereby approved for payment, and that checks be issued for the payment thereof. The complete list of bills (Exhibit "A ") is on file in the office of the City Clerk and may be inspected upon request. Adopted by the Council this 1st day of July, 2008 Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2008 -86 Accurate Radar Specialties Action Rental, Inc. American Payment Centers Aspen Mills B J Haines Tree Service BCA BTS Braun Pump & Controls Carquest Auto Parts Cartridge World CDW Government, Inc. Century Power Equipment Chemsearch Clark, Luann Coca -Cola Bottling Company Comcast Community Volunteer Service Cottage Grove Crime Prevention Board Creative Product Sourcing, Inc. - DARE Cub Foods Custom Remodelers Denny Hecker Auto Connection Disaster Management Systems Emergency Automotive Technologies, Inc. Emergency Medical Products, In Fire Safety U.S.A. Galles Corporation Gannaway, John GFOA Handy Hitch & Welding Co. Inc. Hardwood Creek Lumber Inc. Harris Service Hawk Labeling Systems Hedberg Aggregates Helmets R Us Inc Heritage Embroidery & Design Heroux, Brianne Ice Skating Institute Iceman Industries, Inc. J.H. Larson Electric Johnson Controls Kroll, Katie L.T.G.Power Laxton, Kristin Calibration Liquid Propane Payment Box Service (Cub) Uniform Shirts & Patches Tree trimming & Removal Intoxilyzer 5000 Recertification Class Greeley St Lift Station Pump Repair Equipment Repair Supplies Replacement Toner Verbatim DVD -R 50PK Equipment Repair Supplies Janitorial Chemicals Cleaning At City Hall /Public Works Soda for Concessions Cable July 2008 Allocation Bike Class Training Insulated Lunch /Cooler Bag Party /Food Supplies Refund 80% of Permit Fee Vehicle Repair Charges Fire Department Equipment Vehicle Repairs & Set Up Of New Police Vehicle Medical Supplies Polo Uniform Shirts Janitorial Supplies Reimburse for Meals for a Meeting Topics in Performance Measurement Equalizer Lath Equipment Repair Supplies Labels Red Cedar Mulch Bicycle Helmets Polo Uniform Shirts /Parking Attendants AFLAC Refund Badges for Learn to Skate Liquid Dust Control Parking Lot Lights Air Conditioner Service Park Deposit Refund Equipment Repair Supplies Park Deposit Refund 470.00 333.34 81.00 1,816.73 2,369.63 50.00 5,808.64 675.80 53.24 41.19 83.13 617.72 1,057.50 387.51 136.66 4,062.50 300.00 13.50 155.16 66.60 822.55 1,118.40 7,531.04 244.40 1,540.00 409.45 70.26 475.00 552.68 300.87 223.95 55.62 1,065.00 184.75 193.92 45.68 482.50 1,094.15 31.97 179.00 100.00 216.66 100.00 EXHIBIT " A" TO RESOLUTION #2008 -86 Page 2 Magnuson Law Firm Menards Middle St Croix Watershed WMO Miller Excavating, Inc. MINNCOR Industries MN Chief of Police Association MSP Communications NELCOM Wireless Comm. Office Depot OnSite Sanitation Peterson, Austin Polfus Implement Professional Wireless Communications Reed's Sales & Service Riedell Shoes, Inc. Royal Enterprises America Sani- Masters, Inc. Short Elliott Hendrickson Sirchie Finger Print Lab, Inc. St. Paul Harley- Davidson, Inc. Stillwater Equipment Co Stillwater Towing Streicher's Stripe A Lot Sun Newspapers T.A. Schifsky & Sons, Inc. Telemetry and Process Controls Tru Green Limited Partnership USAble Life Watson Company, Inc. The WET Technology, Inc. Yocum Oil Company MANUALS MAY 2008 61 Marine & Sports GFOA Minnesota Department of Public Safety Washington County License Center Professional Services through June 20, 2008 Equipment Repair Supplies Second Half 2008 Contribution Dump Site Cleanup /Storm Pond Maintenance Office Furniture Permits to Acquire Placement of Parking Ad Emergency Siren Repairs Office Supplies Portable Restroom Rental Uniform Shirts Fertilizer Spreader 2 Way Radio, & Quarterly Antenna Charges 2 Commercial Push Mowers Skates for Resale Inlet Protection Replacement Bags Coat Sandstone Flag Base Engineering Services Phenolphthalein Blood Test Belt Rental fee Siren Switchbox for a Fire Truck Vehicle Towing Uniform Boots Striping Crosswalks, Arrows Publications Asphalt Replace Circuit Breaker in Echo Lane Lift Station Fertilizer & Broad Leaf Control Term Life Insurance Concessions Supplies Chemicals for Cooling Tower Fuel 2008 Polaris Ranger 2007 CAFR Review Fee Application for Title & Registration Title for 2008 Polaris Ranger 8,348.33 261.93 15,433.55 9,465.00 4,333.38 31.63 795.00 497.03 1,391.76 1,041.52 36.00 420.00 2,047.17 1,132.63 1,003.85 905.25 35.00 785.37 56.41 825.00 410.40 1,256.97 448.69 9,500.00 108.34 2,483.46 599.27 883.96 478.32 176.36 582.56 15,009.45 10,043.50 415.00 36.50 18.25 EXHIBIT " A" TO RESOLUTION #2008 -86 ADDENDUM Delta Dental Fire Safety U.S.A. J. Gardner & Associates, LLC Legislative Associates, Inc. LSA Design Inc. Mazzarese, Mary Municipal Code Corp. Oxygen Service Company PMI Computer Supplies Qwest Stillwater Lions Club Sun Newspapers US Bank Verizon Washington County Xcel Adopted by the City Council this 1st Day of July, 2008 July 2008 Dental Cobra Storm Boots /Uniform Shirt Tattoo's for Fire Prevention Week Professional Services through June 30th 2008 Professional Services /Parking Ramp Refund of Unused Balance of Variance Request Supplemental Pages Oxygen Backup Tapes Telephone Quarterly Dues Publications Paying Agent Fees CeII Phone 2008 Assessment Fee Electricity & Natural Gas TOTAL Page 3 303.60 153.99 370.00 2,791.67 27,094.02 121.12 1,286.52 182.87 981.45 406.86 100.00 155.93 402.50 890.93 83,472.75 31,787.30 277,416.05 9 Memorandum To: Mayor and City Council From: Diane Ward, City Clerk Date: 07/01/2008 Subject: Liquor License Name Change — Oa A revised application for a name change has beenived fro Oak Glen LLC, DBA: Oak Glen. The corporation name will change fr• • ak en Limited Partnership to Oak Glen LLC, but th name will be remal Glen. Approval should be contingent u ACTION REQUIRED: approval of Minnesota Liquor Control. If approved, Council sh FROM OAK GLE LLC, DBA: OA opt i;,resoluti• - APPROVING NAME CHANGE TNERSHIP, DBA: OAK GLEN TO OAK GLEN RESOLUTION 2008 -87 APPROVING NAME CHANGE FROM OAK GLEN LIMITED PARTNERSHIP, DBA: OAK GLEN TO OAK GLEN LLC, DBA: OAK GLEN WHEREAS, a revised application for a name change has been received from approving name change from Oak Glen Limited Partnership, DBA: Oak Glen to Oak Glen LLC, DBA: Oak Glen; and WHEREAS, all required forms have been submitted. NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the name change conditioned upon Minnesota Liquor Control. Adopted by Council this 1st day of July, 2008. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk • STAFF REQUEST ITEM Department: MIS Date: 06/30/08 DESCRIPTION OF REQUEST (Briefly outline what the request is) Approval of Software and Services agreement with CarteGraph Systems, Inc. to modify our current software program to incorporate time sheets and our fueling system for our Public Works Department. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Total Project cost will be $7,405.00. Money has been budget for this in our Capital Outlay plan for 2008. ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Rose Holman Date: 06/30/08 RESOLUTION 2008 -88 APPROVAL OF SOFTWARE AND SERVICES AGREEMENT WITH CARTEGRAPH BE IT RESOLVED by the City Council of Stillwater, MN that the software and services agreement between the City of Stillwater and Cartegrah, as on file with the City Clerk, are hereby approved and authorizes the Mayor to enter into and sign said agreement. Adopted by the Stillwater City Council this 1st day of July, 2008 Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk CarteGraph Better Government City of Stillwater, MN Software and Services Agreement C0804009 with CarteGraph Systems, Inc. CarteGraph Systems, Inc. 1 3600 Digital Drive 1 Dubuque, Iowa 52003 800.688.2656 1 563.556.8120 www.cartegraph.com CarteGraph I Better Government till Table of Contents Software and Services Agreement 3 Scope of Project 3 Project Services 3 Support Services 3 Project Assumptions 4 Customer Responsibilities 4 Project Investment 5 Software and Services Provided 5 Payment Terms and Conditions 5 General Terms 6 Attachment A - Modifications 8 PROPRIETARY INFORMATION: The City of Stillwater acknowledges that all materials and documents associated with this project are proprietary in nature. This specifically includes pricing information, training materials and consulting documents as described. The City of Stillwater further agrees not to copy or otherwise make available such materials outside of the City of Stillwater and its divisions and departments without the prior written consent of CarteGraph Systems, Inc., except as required by law. City of Stillwater, MN h' .f June 18, 2008 1 Software and Services Agreement THIS AGREEMENT is made and entered into between City of Stillwater, hereinafter referred to as "Customer" or "Licensee," whose address is City of Stillwater, 216 North 44' Street, Stillwater, MN 55082, and CarteGraph Systems, Inc., 3600 Digital Drive, Dubuque, Iowa 52003, hereinafter referred to as "CarteGraph." Scope of Project Project Services CarteGraph shall provide the following Project Services to implement and deploy the Software Products. CarteGraph shall be responsible for the timely performance of all Project Services and warrants that all professional and technical services provided to Customer pursuant to this Agreement shall be of good and 1 workmanlike quality and will meet or exceed standards of similar professional services within the industry. CarteGraph makes no further warranty, representation or promise not expressly set forth in this Agreement. 1) Database Security Services: CarteGraph will deploy database security based on the standard roles included with the current version of software. CarteGraph and the Customer will determine the timing of the one -time Security deployment. For each Software Product, CarteGraph will create CarteGraph standard Administrator, Power User, User, and Read -Only SQL security groups and/or roles' and create one user ID assigned to each of the groups and will provide a knowledge transfer that will allow Customer to create and maintain security records. Additional configuration service is available on request. 2) Modification Services: CarteGraph will construct modifications to the Software Products as defined below and in Attachment A - Modifications, which Customer approves through acceptance of this Agreement. These Modifications include: Description WORKdirector Modification Services - Fuel system integration between WORKdirector Fleet and Petrovend Document Tracking ID 1281 Support Services 1) Database Security Support Service: During the term of this Agreement, Customer will receive unlimited toll- free ongoing support via phone, fax or e-mail (support@cartegraph.com) through the CarteGraph Help Desk for technical issues relating to Database Security specific to Customer's CarteGraph database. Telephone support will be available Monday through Friday between the hours of 7:30 a.m. -5:30 p.m. Central time by dialing 800 - 688 -2656, ext. 6200. a) Database security service support includes: i) Database connectivity consultation ii) Maintenance plan consultation iii) Database server consultation iv) Database Security Installation for all add -on Software Products v) Support of CarteGraph standard security roles for all CarteGraph Software Products purchased and deployed during the term of the Agreement b) Term of Agreement: Database Security Support shall be in effect for 30 days2 after first deployment of the Database Security Installation component. c) Services Not Covered: If new database structure or security groups or roles are added by Customer that adversely affect Customer database security, then work requested or required of CarteGraph to remedy Customer's database security will be delivered and billed under the terms of Additional Services. Deployment of security groups and/or roles is dependent upon Customer's preferred method of server authentication. i.e.: Windows authentication versus SQL authentication. 2 Annual Database Security Support Service fees are available upon request. C0804009 3 City of Stillwater, MN June 18, 2008 2) Modification Support Service: These services apply to the Modifications described in Exhibit A — Modifications. During the term of this Agreement, CarteGraph will provide the following services as part of this Agreement. a) Modification Upgrade Support: Customer will perform all normal upgrade processes for CarteGraph generally available applications and will perform and follow documented upgrade processes for the Modification. CarteGraph will ensure that the functionality of the Modifications will persist when Customer upgrades to a newer generally available release of CarteGraph applications. b) Modification Technical Support: Customer will receive unlimited toll -free ongoing support via phone, fax or e- mail (support(cr,cartegraph.com) through the CarteGraph Help Desk for technical issues relating to the use of the Modifications. Telephone support will be available Monday through Friday between the hours of 7:30 a.m. -5:30 p.m. Central time by dialing 800 - 688 -2656, ext. 6200. Technical support is available for the latest Major Release and one Major Release prior as applicable to Customer's specific version of the CarteGraph application software that is modified and for the same database in which the Custom Modifications are deployed. Major Releases are defined as major enhancements to the CarteGraph application software and are designated by the number to the immediate left of the first decimal point (e.g. 6.0 is a major enhancement to 5.0) in CarteGraph's published versioning. c) Term of Agreement: The Initial Term of the Service Support shall be coterminous with Customer's Maintenance Agreement and shall automatically renew at the end of the Initial Term for unlimited, successive 12 -month Renewal Terms. Customer may terminate Service Support at the end of the Initial Term or any subsequent Renewal Term by notifying CarteGraph in writing of their intention to do so at least 60 days prior to the applicable End Date for that term. d) Maintenance Requirement: Customer must maintain a current Maintenance Agreement as a condition of Modification Support Service. e) Scope of Service: The scope of this service offering will be evaluated and expanded, as necessary, for any additional services for which Customer may contract. Project Assumptions Project Services are CarteGraph's not to exceed estimates or fixed fee quotations (see Software and Services Provided) based on projects of similar size and scope and on Customer's assumption of designated responsibilities. Customer Responsibilities Customer accepts responsibility for all aspects of project planning, management and execution not specifically described under Scope of Project. Ongoing management of the day -to -day allocation of Customer resources, and management of Customer project tasks is the responsibility of Customer. Customer will provide overall guidance and direction for the project and will direct the project accordingly. Further, and with regard to the CarteGraph obligations listed under the Scope of Project section, Customer understands that it is vital to the success of the project that Customer provides assistance in the following matters: 1) For those services listed under Project Services, CarteGraph personnel will conduct information gathering and evaluation sessions with various Customer users and management. While CarteGraph respects the time and workload of Customer staff, dedicated time on the part of the appropriate Customer resources is necessary to complete these exercises. 2) The installation process requires the periodic assistance of Customer personnel and suitable access to hardware and systems (e.g., security clearance). Customer is encouraged to supervise the installation process while systems are accessible to CarteGraph. It is assumed all hardware, both Personal Computers and Network and Database servers, will be installed and operating in a manner that delivery and execution of CarteGraph Project Services will not be impeded. 3) Customer understands that the successful performance of Project Services depends upon Customer fulfilling its responsibilities. The Project assumes that Customer will provide all personnel required to achieve a successful implementation. 4) Customer shall install and network its own hardware and communications and this will not affect the timing or the delivery of CarteGraph services. 5) Customer will provide Internet access and IT staff support as required. C0804009 4 City of Stillwater, MN Project Investment June 18, 2008 Customer will compensate CarteGraph for the Software Products, Project Services, and Expenses provided pursuant to this Agreement in the amount listed below. Software and Services Provided PROJECT SERVICES Units Unit Type Total Database Security Services - SQL 1 Fixed $1,500.00 WORKdirector Modification Services - Fuel system integration between WORKdirector Fleet and Petrovend - #Q1281 1 Fixed $7,110.00 SUPPORT SERVICES1 Database Security Support — 30 days after deployment 1 Fixed Included Modification Support 1 Fixed Included DISCOUNT ($1,205.00) TOTAL. PROJECT COST $7,405.00 Future years' annual Modification Support Service fees are estimated to be $1,422.00 for all purchased CarteGraph Custom Modifications described in Project Services. Additional Services. In the event it becomes apparent to CarteGraph that service efforts detailed in the Agreement will be exceeded due to any changes in the scope of services required, CarteGraph will notify Customer prior to exceeding the approved efforts. CarteGraph will also provide such additional professional services, including consultation services, customization, data conversion, integration services and training sessions, as may be requested by Customer. In either event, such services shall require advanced written quotation from CarteGraph and approval from Customer. Additional Services are available to Customer at the rate of $150 per hour for remote services. CarteGraph's onsite service rate is $1,450 per day plus travel expenses. All onsite services require a two -day minimum. Payment Terms and Conditions In consideration for the Services and Products provided by CarteGraph to Customer, Customer agrees to pay CarteGraph Software Costs and Professional Service Fees in U.S. Dollars as described below: 1) Delivery: Software Products shall be licensed upon acceptance of this Agreement and Maintenance services will begin upon licensing of the Software Products. Project Services will be scheduled and delivered upon your acceptance of this Agreement, which will be considered as your notification to proceed. 2) Invoicing: Invoicing for any given Software Product shall occur upon delivery. Invoicing occurs monthly for Project Services as they are incurred on the project. Partial billings on fixed fee costs will be invoiced monthly as incurred. 3) Expenses: In providing the services included in this agreement, CarteGraph shall be reimbursed for any reasonable out -of- pocket costs, including, but not limited to, travel, lodging, and meals. Out -of- pocket expenses are billed based on actual costs incurred and are due separately. 4) Payment Terms: All payments are due Net 30 days from date of invoice. 1 Total Fees for Support Services are not -to- exceed figures for the Initial Term of the Support Service Fees. Final invoicing will be adjusted to reflect a Support Service Term End date that is coterminous with Customer's existing Maintenance Agreement. C0804009 5 City of Stillwater, MN June 18, 2008 General Terms This Agreement takes precedence over all attachments in the event of conflicting terms and conditions. The terms and conditions of any and all Exhibits and Attachments to this Agreement are incorporated herein by this reference and shall constitute part of this Agreement as if fully set forth herein. Article and Section headings used herein are for reference purposes only and shall not be deemed a part of this Agreement. This Agreement, together with all Exhibits and Attachments hereto, constitute the entire Agreement between the parties and supersedes all previous Agreements including promises and representations, whether written or oral, between the parties with respect to the subject matter hereof. 1) Limitation Of Liability: Except for damages resulting from bodily injury or patent or copyright infringement, each party's total liability to the other for damages under this Agreement shall not exceed the total amount of this Agreement. No action, regardless of form, arising out of this Agreement may be brought by either party more than one year after the cause of the action has occurred, except that an action for non - payment may be brought at any time. 2) Disclaimer of Warranties: CarteGraph makes no warranty, representation or promise not expressly set forth in this Agreement. CarteGraph disclaims and excludes any and all implied warranties of merchantability, fitness for a particular purpose. 3) Relationship of the Parties: CarteGraph and Customer are independent of each other. This Agreement does not and is not intended to create in any way or manner or for any purpose an employee /employer relationship or a principal -agent relationship. Neither party is authorized to enter into agreements for or on behalf of the other, to create any obligation or responsibility, express or implied, for or on behalf of the other, to accept payment of any obligation due or owed the other, or to accept service of process for the other. CarteGraph is an independent contractor, customarily engaged in the performance of similar services for other parties. 4) Severability: The terms and conditions of this Agreement are severable. If any term or condition of this Agreement or the application thereof to any person or circumstances is held invalid, this invalidity shall not affect the other terms, conditions or applications which can be given effect without the invalid term, condition or application. 5) Transfer of Agreement: CarteGraph shall not transfer or assign any of its rights or obligations under the agreement to any other party without the prior written consent of Customer, which consent may not be unreasonably withheld. 6) Notices: All notices or communications required or permitted as a part of this agreement shall be in writing and shall be delivered at the address set forth in this Agreement. 7) Attorney's Fees /Legal Proceedings: In the event of any litigation or other proceeding between the parties relating to this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and other reasonable costs incurred in connection therewith and in pursuing collection, appeals and other relief to which that party may be entitled. This contract shall be construed in accordance with the laws of the State of Iowa. Venue for any legal proceedings shall be in Dubuque County, Iowa. All undelivered Project Services shall expire 365 days from the signing of this Agreement. C0804009 6 City of Stillwater, MN June 18, 2008 The parties, each acting under due and proper authority, have executed this Agreement as of the day, month and year written below: CITY OF STILLWATER 216 North 4th Street Stillwater, MN 55082 CARTEGRAPH SYSTEMS, INC. 3600 Digital Drive Dubuque, Iowa 52003 By Please Print Signature Date': Name Title By \iY1 a.4- tJ.ti-ti Mark Weber, CFO Date': U IPA 1 For this Agreement to be effective and binding, the City of Stillwater and CarteGraph must authorize this Agreement within thirty (30) business days of each other. C0804009 7 City of Stillwater, MN June 18, 2008 Attachment A - Modifications WORKdirector Modification Services - Fuel system integration between WORKdirector Fleet and Petrovend - #Q1281 This modification will provide a fuel system integration between the WORKdirector Fleet template and Petrovend. The integration will take the form of an automated import using Windows task scheduler. Preprocessing of the text file will have to be done to reformat the date value. The pre - processing step will create a CarteGraph friendly text file that can be imported into the fuel log via the standard import-export format function. A Windows scheduled task will be used to kick off the automated process (including the preprocessing and the import). This process will have to open Navigator and check out a license. Once the file has been imported successfully it will be moved to an archive directory. Two error files will be created, one is for the preprocessing, and the second is the standard import engine's error file. If materials are being imported in the fuel log, then please note that if the standard import encounters an error causing the quantity on hand to drop below zero, the import will stall at an input message. Either the fuel materials need to always have an accurate on hand number or the materials can be non -stock items. Fleet for 7.0d is recommended for this integration. The import will not be "un- doable;" this means that if it is canceled in the middle the import, records up to that point will be saved. (An un- doable import allows the user to cancel or if errors are encountered, roll back the import) This modification does not include an automated notification when the import is complete with a status. The user will be able to go to the machine and check the results log for the status of the last import. This modification also does not include an interface other then the Windows task scheduler in which to kick off the import. C0804009 8 • 1j Iwater THE BIRTHPLACE OF M I N N E S O? A Memo Community Development Department To: From: Date: Re: City Council Michel Pogge, City Planner M6P Tuesday, July 1, 2008 2008 -2009 Annual Contract for Mowing and Clean up Services Message: The Council authorized staff to send to bid the 2008 -2009 Annual Contract for Mowing and Clean Up Services. Request for bids were sent to 15 individuals /companies. By the June 11 deadline the City received 3 bids for the project. When the bids were tabulated to determine the lowest responsible bidder, The Outdoor Specialists, LLC was the apparent low bidder for two parts of the contract and staff recommended that the contract be awarded to this firm on that basis. Since the Council approved the contract on June 17, 2008 it was determined that the owners of the company are employees of the City of Stillwater and thus are not eligible to hold a City Contract. While the city charter does not establish rules that pertain to employees of the city, the rules control only "officials" as the term is described in the charter; the common law prohibits the creation of such conflicts. Thus, The Outdoor Specialists bid is determined to be disqualified. The remaining eligible bids are as follows: Contractor: A -1 Maintenance Inc. Max Todo Item Vacant Lot ( /lot) 235.00 Lot with House or Building ( /lot) 160.13 250.00 Parcels Containing One Acre or More ( /acre) 202.83 325.00 Cleaning of Trash and Debris ( /hour) 266.88 350.00 Boarding and Securing Property ( /opening) 64.05 105.00 Securing Property ( /opening) 64.05 120.00 It appears that A -1 Maintenance Inc. is now the lowest bidder for all three parts of the agreement. Requested Action Accept bids and authorize contract for the 2008 -2009 Annual Contract for Mowing and Clean up Services with A -1 Maintenance Inc. as the lowest responsible bidder for all three parts of the contract. From the desk of... Michel Pogge, AICP • City Planner • City of Stillwater • 216 N. 4th Street • Stillwater, MN 55082 651.430 -8822 • Fax: 651.430 -8810 email: mpogge@ci.stillwater.mn.us RESOLUTION 2008 -89 APPROVAL OF CONTRACT AGREEMENT WITH A -1 MAINTENANCE, INC. BE IT RESOLVED by the City Council of Stillwater, MN that the contract agreement for mowing and cleanup services between the City of Stillwater and A -1 Maintenance, Inc, as on file with the City Clerk, are hereby approved and authorizes the Mayor to enter into and sign said agreement. Adopted by the Stillwater City Council this 1st day of July, 2008 Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk 1 i1Ewater HE 8!.THPLACE OF MINNESOTA STANDARD CONTRACT AGREEMENT THIS AGREEMENT, is made this day of , 2008 by and between the City of Stillwater, Washington County, Minnesota (hereinafter called the "City ") A -1 Maintenance Inc.. (hereinafter called "Contractor "). 1. The Work. The Contractor agrees to perform Part A — Mowing, Part B - Cleaning of Trash and Debris, and Part C — Securing Property of the 2008 -2009 Annual Contract for Mowing and Clean Up Services according to the documents provided by the City dated June 4, 2008. All work will be done in a workman-like manner and materials will be fit for the purpose. Work must be completed according to the Bid Form, General Requirements, General Conditions, and Specifications for the project. 2. Payment. This work, including all labor, materials and equipment needed to accomplish the 2008 -2009 Annual Contract for Mowing and Clean Up Services shall be completed by the Contractor for the unit prices shown on the attached proposal form to be paid to the contractor upon satisfactory completion and acceptance. 3. Waiver of Liability. It is further agreed that this work is undertaken at the sole risk of the Contractor. The Contractor does expressly forever release the City of Stillwater from any claims, demands, injuries, damage actions or caused of action whatsoever, arising out of or connected with the work according to the General Requirements, General Conditions, and Specifications for the project. 4. Indemnification. Any and all claims that arise or may arise against the Contractor, its agents, servants or employees, as a consequence of any action or omission on the part of the Contractor while engaged in the performance of this work shall in no way be the obligation or responsibility of the City. The Contractor shall indemnify, hold harmless and defend the city, its officers and employees, against any and all liability, loss cost damages, expenses, claims or actions, including attorneys fee which the City, its officers or employees may hereinafter sustain, incur or be required to pay, arising out of or by any reason of any act or omission of the Contractor, its agents, servants or employees in the execution, performance or failure to adequately perform their obligations under this contract. 5. Insurance. Contractor agrees that in order to protect itself and the City under indemnity provisions set forth above, it will at all times during the term of this contract, keep in force policies of insurance as indicated in this contract. The Contractor shall not commence work until a Certificate of Insurance covering all of the insurance required by these specifications is approved and a Notice to Proceed is issued by the City Engineer. The insurance protection will have the following limits: A. Comprehensive General Liability: (1) Bodily Injury (including completed operations and products liability). $500,000 Each Occurrence $1,000,000 Annual Aggregate (2) (3) Property Damage Liability Insurance will provide Explosion, Collapse and Underground coverages where applicable. Personal Injury, with employment exclusion deleted: $1,000,000 Annual Aggregate B. Comprehensive Automobile Liability: (1) Bodily Injury: $500,000 Each Person and $1,000,000 Each Occurrence (2) Property Damage: $100,000 Each Occurrence C. Worker's Compensation Coverage 6. Completion Date. Completion of work related to the 2008 -2009 Annual Contract for Mowing and Clean Up Services must be done according to the terms of the project's General Requirements, General Conditions, and Specifications. IN WITNESS WHEREOF, the parties have set their hands this day of , 2008. CITY OF STILLWATER By: Ken Harycki, Mayor By: Diane F. Ward, City Clerk STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this of Ken Harycki, Mayor and Diane F. Ward, City Clerk for the City of Stillwater. CONTRACTOR STATE OF MINNESOTA ) ) ss. COUNTY OF ) Notary Public Commission Expires: Commissioned At: , 2008 by By: Title: The foregoing instrument was acknowledged before me this of , 2008 by , its for Notary Public Commission Expires: Commissioned At: Diane Ward From: Sent: To: Subject: Larry Hansen Tuesday, July 01, 2008 2:14 PM Diane Ward FW: Fire Inspection Fees Please copy for tonights meeting From: Jennifer Severson [mailto :director @ilovestillwater.com] Sent: Tuesday, July 01, 2008 11:05 AM To: Larry Hansen Cc: ken @customized - accounting.com; 'Robert T. Gag'; Mike Polehna; Adam Nyberg; Wally Milbrandt; sglazer @ci.stillwater.mn.us Subject: Fire Inspection Fees Monday, June 30, 2008 Dear City Administrator Hansen, On behalf of the Board of Directors and members of the Greater Stillwater Chamber of Commerce, I request the City adjust the fire inspection permit fee related to community events. We suggest a flat fee of $10 per applicable vendor. The current fee of $100 per vendor is far above what is normal and justifiable given the short amount of time spent inspecting gas connections and fire extinguishers, and is cost - prohibitive to not only the Chamber; but also many of its members who hold events throughout the year. Please consider the following examples: Event: Rivertown Art Fair Summer Tuesdays Fall Art Fair # Booths 20 3 10 Inspection Time < 2 Hours 10 Minutes x 7 Weeks < 1 Hour Projected City Revenue $2,000 $2,100 $1,000 We understand that developing revenue streams is vital in today's economy; however, it is also important to consider the public impact of not having community- building and traffic- generating events held in Stillwater. As costs rise, traffic issues continue, and more fees are imposed, our ability to provide quality entertainment to our local residents, compete with other communities for visitor traffic, and fundraise to support local non - profits is greatly diminished. This also leaves businesses with fewer customers, and residents with fewer options to enjoy and support their community. We feel public sentiment concerning local events would favor pursuing other revenue sources to fund the fire department. With Summer. Tuesdays fast approaching, we hope that you will give this matter timely consideration. If the $100 per vendor inspection rates continue, it is unlikely that the Summer Tuesdays Market, which serves as a primary fundraiser for the event, will continue. Questions or concerns may be directed to me at 651 -439 -4001 or 651 -238 - 6727. 1 Sincerely, Jennifer Severson Executive Director Cc: Mayor Ken Harycki; Councilmen Robert Gag, Wally Milbrandt, Adam Nyberg and Mike Polehna; Stillwater Fire Chief Stuart Glaser Jennifer Severson Executive Director d i recto ra i love sti I Iwate r. co m Greater Stillwater Chamber of Commerce Bayport - Lake Elmo - Oak Park Heights - Stillwater www.ilovestillwater.com 106 South Main Street - P.O. Box 516 Stillwater, Minnesota 55082 Phone: 651 - 439 -4001 - Fax: 651 - 439 -4035 - Cell: 651 - 238 -6727 The Chamber's Priorities: - Enhance Member's return on investment. - Determine the Chamber's role in tourism. - Develop a communication and marketing strategy. - Advocate effectively for member issues with all levels of government. - Increase non -dues revenue to keep membership dues down. 2 Diane Ward From: Larry Hansen Sent: Tuesday, July 01, 2008 2:12 PM To: Diane Ward Subject: FW: Sidewalk Signs Attachments: 2008SidewalkSignDraft.pdf Diane Please copy for council at tonights meeting. From: Jennifer Severson [mailto :director @ilovestillwater.com] Sent: Tuesday, July 01, 2008 11:12 AM To: ken @customized - accounting.com; Larry Hansen Cc: 'Robert T. Gag'; Adam Nyberg Subject: Sidewalk Signs Monday, June 30, 2008 Dear Mayor Harycki and City Administrator Hansen, On behalf of the Board of Directors and members of the Greater Stillwater Chamber of Commerce, I request the City refrain from enforcement of current sidewalk sign regulations until October 31, 2008. This timeline will allow for the Greater Stillwater Chamber to work with the Historic Preservation Commission on potential guidelines for sidewalk signs. I have requested the issue be placed on the next HPC agenda. The GSCC has been working with local merchants on sidewalk sign guidelines since the beginning of 2008. We plan to continue to represent businesses on this issue to ensure a business - friendly environment in Stillwater while retaining the integrity of the historic and pleasant nature of the community. A draft of the Chamber's draft guidelines is attached. Questions or concerns may be directed to me at 651- 439 -4001 or 651- 238 -6727. Sincerely, Jennifer Severson Executive Director Greater Stillwater Chamber of Commerce Cc: Rob Gag, Adam Nyberg Jennifer Severson Executive Director di recto r(a� i love sti I Iwate r. co m Greater Stillwater Chamber of Commerce Bayport - Lake Elmo - Oak Park Heights - Stillwater 1 www.ilovestillwater.com 106 South Main Street - P.O. Box 516 Stillwater, Minnesota 55082 Phone: 651 - 439 -4001 - Fax: 651 - 439 -4035 - Cell: 651 - 238 -6727 The Chamber's Priorities: - Enhance Member's return on investment. - Determine the Chamber's role in tourism. - Develop a communication and marketing strategy. - Advocate effectively for member issues with all levels of government. - Increase non -dues revenue to keep membership dues down. 2 Guidelines for SIDEWALK SIGNS **DRAFT ** Proposed by the Greater Stillwater Chamber of Commerce's Downtown Merchants Association The Sidewalk Sign Guidelines have been compiled and adopted by the Greater Stillwater Chamber of Commerce's Downtown Merchants Association (DMA). This program is to assist the downtown businesses attract more customers to their businesses. Business owners must assume the liability of the signs. The burden falls to the business owners to ensure success of this program. GUIDELINES 1. Type 1.1. Signs shall be an A -frame or single -panel style. 1.2. Signs must be portable and stable. 1.3. This guideline does not allow for portable interchangeable copy signs, typically placed on highways. 2. Size & Shape 2.1. Signs may consist of an overall size of up to 30" wide x 36" high x 24" deep. 2.2. Sign may be silhouette cut into a shape. Protruding sections which could cause a hazard to pedestrian traffic will not be allowed. 3. Colors 3.1. Within approved Historic Preservation Council- approved color scheme for building front and signage. 3.2. Not traffic sign yellow or construction zone orange, or contain sign -grade reflective material. 4. Design & Features 4.1. Business owners will be free to design high quality, creative signage with minimum restrictions, encouraging hand painted, carved and unique signage on a flat surface. 4.2. No interchangeable letters or letter copy on rails. 4.3. Sidewalk signs shall not be illuminated, animated, have moving parts, or electrically powered in any way. 4.4. Sign shall contain a device (such as: braces, chain, rope, cable, etc.) to prevent sign panels from spreading. 4.5. Sidewalk signs shall not have more that two (2) sign faces. 4.6. All signs shall be maintained in a high quality state, with no peeling, broken, cracked, or faded paint /vinyl. 5. Materials 5.1. Signs shall be constructed using quality exterior, weatherproof, sign board materials. 5.2. Signs constructed with light materials such as plastic should be weighted, to remain stationary on windy days. 5.3. No loose or lightly attached sign panels. 6. Installation 6.1. Each business shall be allowed to display only one sandwich board -type sign at a time. 6.2. Placement on landscaped areas in front of business, between frontage of building and sidewalk shall be allowed. 6.3. Buildings with more than one tenant (such as the Grand Garage and River Exchange Building) will be allowed one sidewalk sign per 10 linear feet of building frontage. 6.4. Sandwich board signs are temporary and placed outside of business only during business hours. Must be removed and stored indoors after hours. 6.5. Sign must be setback 1 foot from the back of curb with the corner of the sign placed in the hexagon paver block area. 6.6. Signs must be setback a minimum of 15 feet from any intersection. 6.7. Signs must not interfere with access to business, the passage of pedestrians on the walk, or the opening of the doors of parked vehicles. 6.8. Signs cannot be placed in front of or adjacent to another business, commercial enterprise, or vacant land, unless permission is given by the building or business owner. In addition, placement of such signs is prohibited on all City property, including but not limited to parking lots, streets, or alleys. 7. Area in Which these Guidelines Would Affect 7.1. This guideline shall be applicable to the areas within Stillwater's Historic Design Review District. Sources: City of Davison, Michigan Township of Langley, British Columbia, Canada City of Stillwater Jta46 28 Juni6 9 L6rr6t, G/LEEt_.E. y 5TAIPi it J&- VIAND t{N.`lCK.1 Arse ALL Cov,.)c.LL_ ME M��2S IT W , 4 5 ' t c K 11J C- . Tt+� ,x,21) L5 H- D Ft C- -Uk.& D l T our. \ s LIKE PEopL� AAVe H6 5-61I15e WE Aree Gat 1J6- re. HAVE To Po c7- Foie_ 1 frt. TtAik-t's -14,6 145u-rAt_LT-r of ELf c1EP ocricmc-S. Tt4ER.E 15 A4 etc PJ■t S . W t T lit f5 AL-5° - et-", fC .1 t PMG,J r, NIA- TERti4.5, ruEL . 5•o t r AGArt 13 f l.5xr yE4 -1L, A-+4 D TbtE IISX-r. 5AVI IJ&-S CA.10 OCCUR_ v �,T 4 . fir Pt (.,E }4 v S O(L t; N E J L7 PL A tJ w E Do .✓ AJ A '-ro E$ Ec u-t G . ' ` A P5,4 my 5m/EP is A- ( 4 ?4 y E4 QN t D. So m6o1,1,i✓ 5 A -1 D — 5A0)44 4-R y . D t>E5 ( ER.�J M EN T Do AIJy - TtA tuts T -M.PbI MQy. Tt 2E utDA.5 c .r S t DE F Te -6 5/42.06-1- Pat. PAR C T-bsec y ta- .. TI ©w 0 u i AGkE►J I tit t�T A u ' /.._ c,L MA IC E Us Igo, i- 5 e2M> I D E A . l PAL /6 /CAI u gehew_ i6 ✓E2Y DAy. rCN.Z. 9E60w H A Ft 4ufziG> t r o VT-. 1 1.062K D. `tbk) S%kout,.D 14AUF 6.0/.3-6 as ro so„,I�T•t#e,v� Et,g� _ &2 66MR, Pokier Cso ani ro SoM,E1174r i,)G LSD li 15 AL_L)A'ys Co 3 T ,nS- O✓- PauRVEuEy iAyPAy &s Merle E. W5 &w3ws) Don; T &ET To Ke e-p A'1 o boa, 1 4 / 5 . 1 1 . P C a * p M o uE y tivTt L A 5 T IAA-) (e AX Ra6e e> DAy). 1I.5 rob M,OCH ( Do WRA-T.ts AeSoLuti'EL Y ECE554 2y, ,4 t" ?JT Do THE iEES- /� 9a 6 6 LEy S;. S. Summary of Proceedings Washington County Board of Commissioners June 17, 2008 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 Hegberg presided. Board of Equalization The County Board will convene as the Board of Equalization at 10:45 this morning and again at 11:00 a.m. June 24. General Administration Approval of the following actions: - June 3 and 10, 2008 Board meeting minutes; Agreement with the Washington Conservation District to prepare management plans on certain Land and Water Legacy Program projects; - Agreement with Belwin to prepare management plans and arrange for appraisals on certain Land and Water Legacy Program projects; Projects recommended for funding through 2007 countywide Mission Directed Budget program; Board correspondence was received and placed on file. Human Resources Minnesota Counties Insurance Trust presented a brief overview on property /casualty and workers' compensation, dividends, claim history, and loss control initiatives for 2008. Library Approval of Resolution No. 2008 -083, transfer of the Self Service Center to the Law Library effective July 1, 2008. Public Health and Environment Approval of the following actions: Comments to the City of Cottage Grove regarding their Local Water Management Plans; Comments to the Minnesota Pollution Control Agency regarding the 3M Oakdale Disposal Site Proposed Cleanup Plan for Perfluorochemicals. Public Works Approval of the following actions: - Resolution No. 2008 -084, proceed with the Natural Preservation Route designation request on CSAH 18; - Resolution No. 2008 -085, bid award for CSAH 15 reconstruction to Tower Asphalt, Inc. Sheriffs Office Approval of the following actions: Amendment #1 to contract with Omni Contracting, Inc. for construction services for five 800 MHz Radio Sites to extend the date of termination of the contract to August 31, 2008; Resolution No. 2008 -082, commitment to remove the public safety radio tower located at 15326 Afton Hills Court South, Afton, upon abandonment or discontinuation of use; Amend the Joint Powers Agreement with the State of Minnesota, Commissioner of Corrections, to extend the agreement through 6/30/09, to house Minnesota Department of Corrections offenders in the county jail for a daily per diem. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners June 10, 2008 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 Hegberg presided. Commissioner Reports — Comments — Questions Commissioner Peterson asked that a special recognition be prepared for the Parks and Open Space Commission members who have put many hours in deciding the design of Big Marine Park. Community Services Approval to accept $22,239.70 in base funding and an additional $150,704.52 in one -time funding for July 1, 2007 -June 30, 2008 for mental health crisis and stabilization services infrastructure. General Administration Approval of the following actions: - Representative Karla Bigham, District 57A, reviewed the 2008 legislative session; Board correspondence was received and placed on file; County Administrator's annual performance review and work plan. Public Works Approval of the following actions: - Resolution No. 2008 -079, bid award for seasonal materials, sand aggregate limerock, and plant mixed bituminous; Resolution No. 2008 -080, bid award for chemical weed control provision and application on county roads for 2008 to Central Applicators; Resolution No. 2008 -081, bid award for CSAH 18 reconstruction to Forest Lake Contracting; Grand opening at the Big Marine Park Reserve was a great success. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62'1 Street N., Stillwater, Minnesota. THE ■IETHTLACE OF MINNESOTA REGULAR MEETING AGENDA CITY OF STILLWATER CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street JULY 1, 2008 CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Louis Jambois — Metro Cities 2. Fire Station Site Discussion STAFF REPORTS 1. Police Chief 2. Fire Chief RECESSED MEETING 3. City Clerk 4:30 P.M. AGENDA 5. City 4. Community Dev. Director 6. Cit CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE 4:30 P.M. riance Drti'Or ity Administrator 7:00 P.M. ENDA P.M. APPROVAL OF MINUTES — Possible al of thlune '®.�'regularmeeting minutes PETITIONS, INDIVIDUALS, DEL OPEN FORUM The Open Forum is a the meeting agenda. T staff regarding investig limit our comments ATIONS ®�, "ion f the G it meeting t Counci may take'' tion or repl on of the co =rns expr' sed. . 5 minutes o_ ,less ddress Council on subjects which are not a part of t the time of the statement or may give direction to t of respect for others in attendance, please 1. Kathy Lohmer ding for State - + -se 'tative for Dist. 56A CONSEN NDA* 1. Res • f► X008 -86 dire trk•._�� -nt of bills 2. Possi ter to purchase multi -use rescue tool combination package for vehicle stabilization, extricat, con ace, elevator rescue and collapse shoring purposes for Fire Department 3. Resolution ! 8 -8 u • • � " "'� ` ing name change from Oak Glen Limited Partnership, DBA: Oak Glen xi Country C to Oak G LLC, DBA: Oak Glen PUBLIC HEARING Out of respect for others in attendance, please limit your comments to 10 minutes or less. 1. This is the date and time for a public hearing to consider the transfer of an On -Sale and Sunday liquor license from Stillwater Restaurants, DBA: St. Croix Crab House to St. Croix Seafood Company, LLC, DBA: St. Croix Seafood Company. Applicant: Jeremy Scheffert. Notice was published in the Stillwater Gazette on June 19, 2008. 2. This is the date and time for a public hearing to consider the 2008 Sidewalk Rehabilitation Project. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 20, 2008. UNFINISHED BUSINESS NEW BUSINESS PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS /REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT to executive session for performance review * All items listed under the consent agenda are considered to b. y the City CG ncil and �•e enacted by one motion. There will be no separate discussion on these i � unless j Council ember or citizen so requests, in which event, the items will be removed i from the con - genc and considered separately. �' vy s,,,y Page 2 of 2 METRO CITIES Association of Metropolitan Municipalities January 2008 Legislative Policies 145 University Ave. W., St. Paul, Minnesota 55103-2044 Phone: (651) 215-4000 Fax: (651) 281-1299 Website: www.amm 145.org 1 Table of Contents. Municipal Revenue & Taxation (I) State and Local Fiscal Relationship (I -A) 1 Levy Limits (I -B) 1 Local Government Aid (LGA) (I -C) 1 State Property Tax Relief Programs /Market Value Homestead Credit (I -D) 2 Limited Market Value (I -E) 2 Fiscal Disparity Fund Distribution (I -F) 2 Constitutional Tax and Expenditure Limits (I -G) 3 State Property Tax: Oppose Extension to Other Property (I -H) 3 Class Rate Tax System (I -I) 3 Personal Property Taxation: Electric Utility (I -J) 3 Sales Tax on Local Government Purchases (I -K) 4 City Revenue Stability and Fund Balance (I -L) 4 Public Employees' Retirement Association (PERA) (I -M) 4 Aggregate Mining Fee (I -N) 4 State Program Revenue Sources (I -O) 4 Post Employment Benefits (I -P) 5 General Legislation (II) Mandates & Local Authority (II -A) City Enterprise Activities (II -B) 7 2008 Legislative Policies Table of Contents Firearms on City Property (II -C) 911 Telephone Tax (II -D) 800 MHz Radio System (II -E) Impaired Waters (II -F) Building Codes (II -G) Administrative Fines (II -H) Residential Care Facilities (II -I) Housing & Economic Development (III) 7 7 7 8 8 9 9 Introduction 11 City Role in Housing (III -A) 11 City Role in Affordable and Life Cycle Housing (III -B) 11 Inclusionary Housing (III -C) 12 State Role in Affordable Housing (III -D) 12 Federal Role in Affordable Housing (III -E) 13 City Role in Economic Development (III -F) 13 Development (III -G) 13 Redevelopment (III -H) 14 Tax Increment Financing (III -I) 14 Eminent Domain (III -J) 15 This Old House/ This Old Shop (III -K) 16 Business Subsidy Policy (III -L) 16 Internet Technology (III -M) 16 Metropolitan Council Housing Targets (III -N) 17 Mortgage Foreclosure (III -O) 17 ii 2008 Legislative Policies 1 i Metropolitan Agencies (IV) Purpose of Metropolitan Governance (IV -A) Table of Contents 19 Roles and Responsibilities of the Metropolitan Council (IV -B) 19 Selection of Metropolitan Council Members (IV -C) 20 Funding Regional Services (IV -D) 20 Regional Systems (IV -E) 20 Review of Local Comprehensive Plans (IV -F) 21 Local Zoning Authority (IV -G) 21 Regional Growth (IV -H) 22 Comprehensive Planning Schedule (IV -I) 23 Natural Resource Protection (IV -J) 23 Federal Clean Water Mandates (IV -K) 24 Inflow and Infiltration (I/ I) (IV -L) 24 Water Supply (IV -M) 25 Service Availability Charge (SAC) (IV -N) 25 Funding Regional Parks & Open Space (IV -O) 26 Livable Communities (IV -P) 26 Affordable Housing Need (IV -Q) 26 Density (IV -R) 27 Transportation (V) Transportation and Transit Funding (V -A) 29 Regional Transit System (V -B) 30 Transit Operating Subsidies (V -C) 30 Road Access Fee (V -D) 30 Street Utility (V -E) 30 2008 Legislative Policies iii Table of Contents Highway Turnbacks & Funding (V -F) 30 "3C" Transportation Planning Process: Elected Officials' Role (V -G) 31 Photo Enforcement of Traffic Laws (V -H) 31 Airport Noise Mitigation (V -I) 31 Cities Under 5,000 Population (V -J) 32 County State Aid Highway (CSAH) Distribution Formula (V -K) 32 Municipal Input /Consent for Trunk Highways and County Roads (V -L) 33 Plat Authority (V -M) 33 City Speed Limit Control (V -N) 33 Speed Limits Surrounding City Parks and Schools (V -O) 33 MnDOT Maintenance Budget (V -P) 33 Committee Rosters (VI) 2007 Housing & Economic Development Committee 35 2007 Metropolitan Agencies Committee 35 2007 Municipal Revenue & Taxation Committee 36 2007 Transportation & General Government Committee 37 iv 2008 Legislative Policies 1 1 i Municipal Revenue & Taxation (I) I -A State and Local Fiscal Relationship Metro Cities supports a strong state and local fiscal partnership that emphasizes the following principles: ♦ Strong financial stewardship and accountability for public resources that emphasizes maximizing efficiencies in service delivery and effective communication between the state and local units of government, and to the public, about state and local roles and responsibilities; ♦ Certainty and predictability in revenue sources including the property tax and local government aids; ♦ Adequate revenue sources available to cities that allow the needs of cities to be met, mandates to be funded, and that maintain our state's economic vitality and competitiveness; ♦ Recognition that a `one size fits all' system that limits cities to the property tax as the major non -state aid revenue source does not fit all and to permit access to other tax and revenue sources that are not currently accessible as well as oppose reductions or limitations on the use of various license, development, or other general fees to pay for related services; ♦ An equitable revenue and finance system that values all citizens receiving adequate levels of city services at similar levels of taxation, provides financial assistance to compensate cities and their taxpayers for overburdens created by non - taxpaying users of services and reduces tax burden disparities among cities. I -B Levy Limits Metro Cities strongly opposes levy limits and urges the legislature to not re -enact them. Metro Cities also opposes the imposition of artificial mechanisms such as valuation freezes, payroll freezes, reverse referenda, super majority requirements for levy, or other limitations to the local government budget and taxing process. Expenditures for capital improvements such as infrastructure reconstruction should not be subject to levy limits. I -C Local Government Aid (LGA) Local Government Aid (LGA), the only remaining form of general purpose state aid to Minnesota cities, has been systematically reduced and modified by previous legislatures, at a significant cost to most metropolitan communities. As a result of these changes a majority of the metropolitan area's 183 cities no longer receive any LGA. 2008 Legislative Policies 1 Municipal Revenue 8, Taxation • Metro Cities supports the restoration of previous LGA cuts to fully fund the current LGA formula. ♦ Metro Cities supports the continuation of LGA to assist those cities whose public service needs and costs exceeds their ability to pay. • Metro Cities supports modifying the LGA formula to address geographic disparities in LGA distribution and the needs of metro area cities that are not addressed through the current formula and distribution. ♦ Metro Cities supports modifying LGA formula floors and caps for the purpose of reducing annual payment distribution volatility. • Metro Cities supports the inclusion of inflationary factors in the LGA formula. ♦ Metro Cities supports a state - conducted analysis of the LGA formula that includes an examination of existing geographic disparities in the distribution of local government aid, an analysis of current need and capacity factors and consideration of alternative factors, an analysis of the formula used to calculate aid for small cities, volatility in the local government aid distribution and the impact of including the unique needs of rapidly growing cities on the LGA formula. I -D State Property Tax Relief Programs /Market Value Homestead Credit Metro Cities supports state funded property tax relief programs for homestead property taxpayers such as the circuit breaker and enhanced targeting for special circumstances. Metro Cities supports the Market Value Homestead Credit Program, a state aid to individual homestead property taxpayers, as a direct credit to the taxpayer, rather than a reimbursement to local units of government. The current MVHC reimbursement structure undermines accountability in a number of ways, most directly by enabling the state to reduce or even eliminate the reimbursement to local units of government while preserving the benefit of the credit to the homeowner. Further, any savings to the state resulting from reductions in the MVHC should be spread proportionally to all benefiting taxpayers. I -E Limited Market Value Metro Cities strongly opposes extension of artificial limits in valuing property at market for taxation purposes to additional property classes since such limitations shift tax burdens to other classes of property and create disparities between properties of equal value. The Legislature should monitor the effects of the Limited Market Value (LMV) phase -out to avoid excessive tax burden increases to currently benefiting properties. Metro Cities believes that enhanced targeting for special circumstances better serves the tax system. I -F Fiscal Disparity Fund Distribution Metro Cities opposes the use of fiscal disparities to fund social or physical metropolitan programs since it results in a metropolitan -wide property tax increase hidden from the public. 2 2008 Legislative Policies 1 1 Municipal Revenue & Taxation Metro Cities supports the continuation of the fiscal disparities program until such time as an appropriate replacement is developed. Metro Cities supports a state conducted analysis of the Fiscal Disparities Program to determine whether the program is meeting its original goals and objectives, and whether changes to the program should be considered to better meet those objectives. I -G Constitutional Tax and Expenditure Limits Metro Cities strongly opposes including tax and expenditure limits in the state constitution. This would eliminate any flexibility on the part of the Legislature or local governments to respond to unanticipated critical needs, emergencies, or fluctuating economic situations. When services such as education, public safety and health care require increased funding beyond the overall limit, experiences in at least one other state indicate that other publicly funded services receive less than adequate resources. Constitutional limits result in a reduced base during times of economic downturn and the inability to recover to previous service levels when economic prosperity returns. I -H State Property Tax: Oppose Extension to Other Property The 2001 Property Tax Reform Act shifted general education funding to the state, and funded it, in part, with a state property tax on commercial /industrial and cabin property. Since cities' only source of general funds is the property tax, Metro Cities strongly opposes extension of a state - levied property tax to additional classes of property. I -1 Class Rate Tax System Metro Cities opposes elimination of the class rate tax system, or applying future levy increases to market value, since this would further complicate the property tax system. I-J Personal Property Taxation: Electric Utility The Minnesota Department of Revenue has revised its regulations for calculating the taxable market value of electric and natural gas utility property. This affects property taxes paid by investor -owned utilities (IOUs) not only to the state, but also to local governments. Provisions in the previous regulations, such as depreciation limits and prescribed weights for the cost and income approaches to value, helped to preserve the taxable value of this property over the many decades it is in service. IOUs enjoy a guaranteed rate of return on their capital investments, but host cities experience the costs of environmental damage, nuisance and lost economic development as the result of this property. IOUs argued that their property is over - valued and that depreciation limits should be removed. However, changes to the utility property valuation rules will drastically reduce the taxable market value that helps compensate host cities for hosting base load electric generation facilities. 2008 Legislative Policies 3 Municipal Revenue & Taxation Metro Cities opposes changes to the utility property valuation rules that result in a significant decline in the taxable market value of utility property. In the event the new utility valuation rules produce a decline, the Legislature should step in to help keep host cities financially whole as a way of compensating for the economic and environmental costs of hosting base load electric generation facilities, rather than through increases in property class rates or other mechanisms. I -K Sales Tax on Local Government Purchases The Legislature should reinstate the sales tax exemption for all local government purchases without requiring a reduction in other aids. I -L City Revenue Stability and Fund Balance Metro Cities opposes state attempts to control or restrict city fund balances. These funds are necessary to maintain fiscal viability, meet unexpected or emergency resource needs, purchase capital goods and infrastructure, provide adequate cash flow and maintain high level bond ratings. I -M Public Employees' Retirement Association (PERA) Metro Cities supports employees and cities sharing equally in the cost of necessary contribution increases. Metro Cities also supports state assistance to local governments to cover any additional contribution burdens placed on cities over and above contribution increases required by employees. Cities should receive sufficient notice of these increases so that they may take them into account for budgeting purposes. Further, Metro Cities will monitor legislative proposals and when necessary and appropriate, respond in a manner that supports this policy and provides for the fair treatment of employees and the protection of municipalities' interests. I -N Aggregate Mining Fee In order to provide an incentive for the extraction of local aggregate resources prior to urbanized development, and in order to help offset the negative impacts of aggregate mining on local communities, the state should authorize cities and townships to collect a per ton host community fee from the operators of aggregate mines with the fee proceeds to be deposited in the municipality's general fund. 1 -0 State Program Revenue Sources Metro Cities supports continued development of the Metro area in a manner that is responsive to the market, but is cognizant of the need to protect the water resources of the state and metro area. Metro Cities supports the goals and objectives of the Clean Water Legacy Act. However, Metro Cities opposes any attempt by the state to finance state agencies, personnel, programs or services through municipal utility collection or municipal property tax mechanisms. Municipal utility rates are created to operate and 4 2008 Legislative Policies i i 1 Municipal Revenue & Taxation maintain municipal utilities. Local property taxes are created to finance local government programs and services. The programs and services financed through the Clean Water Legacy Act, or any future state program, should be financed through traditional state revenue raising sources such as income or sales taxes. I -P Post Employment Benefits Metro Cities supports statutory authority allowing local governments to establish trusts from which to fund post- employment health and life insurance benefits for public employees, with participation by cities on a strictly voluntary basis, in recognition that cities have differing local needs and circumstances. Cities should also retain the ability to determine the level of post employment benefits to be provided to employees. Metro Cities supports a study of the fiscal impacts to both cities and retirees of pooling retirees separately from active employees. 2008 Legislative Policies 5 Municipal Revenue & Taxation 1 1 6 2008 Legislative Policies I 1 1 General Legislation (II) II -A Mandates & Local Authority. Metro Cities opposes statutory changes which erode local control and authority or create mandated additional tasks requiring new or added local costs without a corresponding state appropriation or funding mechanism. New unfunded mandates potentially cause increased property taxes which impede cities' ability to fund traditional service needs. II -B City Enterprise Activities Metro Cities supports cities having the authority to establish city enterprise operations in response to community needs, local preferences, state mandates or to ensure residents' quality of life. Creation of an enterprise operation allows a city to provide the desired service while maintaining financial and management control. The state should refrain from infringing on this ability to provide and confrol services for the benefit of community residents. II -C Firearms on City Property Cities should be allowed to prohibit handguns in city -owned buildings, facilities and parks. This would allow locally elected officials to determine whether to allow permit - holders to bring guns into municipal buildings, liquor stores, city council chambers and city sponsored youth activities. It is not Metro Cities' intention for cities to have the authority to prohibit legal weapons in parking lots, on city streets or city sidewalks. II -D 911 Telephone Tax Public safety answering points (PSAPs) must be able to continue to rely on state 911 revenues to pay for upgrades and modifications to local 911 systems, maintenance and operational support, and dispatcher training. State funding should also support the technology and training needed to provide the number and location of wireless and voice over interne protocol (VoIP) calls to 911 on computer screens and transmit that data to police, fire and first responders. II -E 800 MHz Radio System Metro Cities supports the work of the Metropolitan Emergency Services Board (previously the Metropolitan Radio Board) in implementing and maintaining the 800 MHz radio system, as long as cities are not forced to modify their current systems or become a part of the 800 MHz Radio System until they so choose. Metro Cities further urges the Legislature to provide cities with the financial means to obtain required infrastructure and subscriber equipment (portable and mobile radios) as well as provide funding for operating costs, since the prime purpose of this system is to allow public safety agencies and other units of government the ability to communicate effectively. 2008 Legislative Policies 7 General Legislation II -F Impaired Waters Metro Cities supports continued development of the metropolitan area in a manner that is responsive to the market, but is cognizant of the need to protect the water resources of the state and metro area. Insufficient resources for impaired water assessments, total maximum daily load (TMDL) analysis, and capital projects threaten the metro area's ability to respond to market demands for development and redevelopment. Consequently, Metro Cities supports continued funding of the Clean Water Legacy Act, with an on -going review to assure that Clean Water Legacy Act funds are properly distributed between assessment, TMDL development and capital projects to ensure both protection for our water resources and support for future development and redevelopment of the metro area. Metro Cities further supports the continued use of capital funds for both storm water and wastewater projects. II -G Building Codes Thousands of new housing units are constructed annually in the metro area. Structural and water intrusion problems have surfaced in many houses and commercial buildings built in the last 20 years. These problems have resulted in dissatisfied homeowners and conflicts between the state, builders and cities. At the same time, the building permit surcharge, a fee collected by cities and deposited with the state for the purpose of financing building related information, research and training, has been diverted to the state general fund for budget balancing purposes. Metro Cities supports an equitable distribution of fees from the newly created Construction Code Fund, with proportional distribution based on the area of enforcement where the fees were received. Metro Cities further supports a joint effort by the state, cities and builders to collectively identify appropriate uses for the fund, including education, analysis of new materials and construction techniques, building code updating, building inspector training, development of performance standards and identification of construction "best practices." Metro Cities does not support legislative solutions that fail to recognize the interrelationships between builders, state building codes and cities. 2008 Legislative Policies General Legislation II -H Administrative Fines Traditional methods of citation, enforcement and prosecution have met with increasing costs to local units of government. The use of administrative fines is a tool to moderate those costs. Metro Cities supports the use of administrative fines for local regulatory ordinances, such as building codes, zoning codes, health codes, minor moving violations up to 10 mph over the limit, and public safety and nuisance ordinances. Metro Cities supports the use of city administrative fines, at a minimum, for regulatory matters that are not duplicative of misdemeanor or higher level state traffic and criminal offenses. Metro Cities also endorses a fair hearing process before a disinterested third party. 11 -1 Residential Care Facilities Sufficient funding and oversight is needed to ensure that residents living in residential care facilities have appropriate care and supervision, and that neighborhoods are not disproportionately impacted by high concentrations of residential care facilities. Under current law, operators of certain residential care facilities are not required to notify cities when they intend to purchase single - family housing for this purpose. Cities do not have the authority to regulate the locations of group homes and residential care facilities. Cities have reasonable concerns about high concentrations of these facilities in residential neighborhoods, and additional traffic and service deliveries surrounding these facilities when they are grouped closely together. Municipalities recognize and support the services residential care facilities provide. However, cities also have an interest in preserving balance between group homes and other uses in residential neighborhoods. Cities should have statutory authority to require licensed agencies and licensed providers that operate residential care facilities to notify the city of properties being operated as residential care facilities. The Legislature should also require the establishment of non- concentration standards for residential care facilities to prevent clustering and require the appropriate county agencies to enforce these rules. 2008 Legislative Policies 9 General Legislation 10 2008 Legislative Policies i 1 1 1 i .4 , ,A. Introduction Housing & Economic Development (I11) While the provision of housing is predominantly a private sector, market - driven activity, all levels of government — federal, state and local — have a role to play in facilitating the production and preservation of affordable housing in Minnesota. Metro Cities' housing policies recognize and support the intergovernmental nature of this issue — including participation from federal, state, regional and local governments. Policies A through C outline the role of cities. Cities are responsible for much of the ground -level housing policy in Minnesota — including land -use planning, building code enforcement, and often times the packaging of financial incentives. However, the state and Metropolitan Council must also play a major role by empowering local units of government and providing a variety of funding programs and tools. Policy D addresses the state's responsibility to provide financial resources and establish a general direction for housing policy. Finally, Policy E speaks to the urgent need for the federal government to increase its financial support for the production and preservation of affordable housing. III -A City Role in Housing In the state of Minnesota, the provision of housing is predominantly a private sector, market- driven activity. However, all cities facilitate the development of housing via responsibilities in the areas of land -use planning, zoning ordinances and subdivision regulations. Many cities choose to play an additional role by providing financial incentives and regulatory relief, participating in state and regional housing programs and supporting either local or countywide Housing and Redevelopment Authorities. Cities are also responsible for ensuring the health and safety of local residents and the structural soundness and livability of the local housing stock via building permits and inspections. Metro Cities strongly opposes any effort to reduce, alter or interfere with cities' authority to carry out these functions in a locally determined manner. III -B City Role in Affordable and Life Cycle Housing Metro Cities' supports affordable and life cycle housing and recognizes its importance to the economic and social well being of individual communities and the region. Cities can facilitate the production and preservation of affordable and lifecycle housing by: ♦ Applying for funding from applicable grant and loan programs; 2008 Legislative Policies 11 Housing & Economic Development • Working with developers and local residents to blend affordable housing into new and existing neighborhoods; ♦ Expediting review processes; and ♦ Working to reduce locally imposed development costs. III -C Inclusionary Housing Metro Cities supports the location of affordable housing in residential and mixed -use neighborhoods throughout a city. However, Metro Cities does not support passage of a mandatory inclusionary housing law that would require a certain percentage of units in all new housing developments to be affordable to households at a particular income level because these units can't be produced without a deep developer subsidy or cross - subsidization from the other houses in the development. While Metro Cities believes there are cost savings to be achieved through regulatory reform, density bonuses, and fee waivers, Metro Cities does not believe a mandatory inclusionary housing approach can achieve the desired levels of affordability solely through these steps. The Metropolitan Council, in creating its affordable housing targets, must recognize both the opportunities and financial limitations of cities. The Council should partner with cities to facilitate the creation of affordable housing through direct financial assistance and /or advocating for additional resources through the Minnesota Housing Finance Agency. III -D State Role in Affordable Housing Primarily through the programs of the Minnesota Housing Finance Agency (MHFA), the state establishes general direction and prioritization of housing issues. The state financially supports a variety of housing types including homeless shelters, transitional housing, supportive housing, senior housing, and family housing. The state must continue to be an active partner in addressing lifecycle and affordable housing issues. Particularly, the state should: • Increase funding, including state general funds and, possibly, alternate sources of revenue, for programs that support lifecycle and affordable housing; ♦ Support housing programs that assist housing development throughout the low -to- moderate income range; • As a means of reconciling affordable housing with community development goals Metro Cities supports housing programs designed to develop market rate housing in areas with high concentrations of affordable housing, where the private market might not otherwise invest; ♦ Continue the policy of using MHFA's investment earnings for housing programs; ♦ Amend the tax exempt bond allocation statute to maximize its availability for affordable rental housing; 12 2008 Legislative Policies Housing & Economic Development ♦ Provide exemptions from, or reductions to sales, use and transaction taxes applied to the development and production of affordable housing; and ♦ Authorize cities to amend their comprehensive plans, in order to facilitate increased lifecycle and affordable housing, with a simple majority vote of the city council, rather than a super majority. III -E Federal Role in Affordable Housing Metro Cities encourages the federal government to maintain and increase current levels of funding for affordable housing. Federal investment in affordable housing will increase the supply of affordable and life cycle housing as well as increase the inter jurisdictional collaboration between the two levels of government. Federal funding plays a critical role in aiding states and local governments in their efforts to maintain and increase affordable housing throughout the state. Metro Cities strongly encourages the following: • To preserve and increase funding for the Community Development Block Grant Program, which is a catalyst for creating more affordable housing; ♦ To create and implement a more streamlined procedural method for local units of government to participate and access federal funding and services dealing with grants, loans, and tax incentive programs for economic and community development efforts; ♦ To preserve resources to sustain existing public housing throughout the Metro Area; and; ♦ To commit resources to Section 8 funding. It is a flexible, cost effective, and successful program that has helped nearly two million families find housing through promotion of self - sufficiency and stability. III -F City Role in Economic Development The State of Minnesota should continue to recognize cities as the primary unit of government responsible for the implementation of economic development and redevelopment policies and land use controls. However, the state should begin to shift its focus from addressing economic needs based on population or location to a broader statewide perspective, which is based on economic development strategies, economic development priorities and economic impact. The state should also recognize the additional cost cities bear when undertaking redevelopment vs. development projects. III -G Development It should be the goal of the state Legislature to champion development throughout the state by providing enough sustainable funding to assure that the state remains competitive in a global marketplace. Metro Cities supports the following: • Increased funding in the Livable Communities Demonstration Account in order to assist communities with development that may not be exclusively market driven or market proven in their particular location; ♦ Increased funding for the Contamination Cleanup Grant Account; 2008 Legislative Policies 13 Housing & Economic Development ♦ Increased funding for the Metropolitan Council Tax Base Revitalization Program; ♦ Continued funding for the Minnesota Investment Fund; ♦ Continued funding for the Urban Initiative Program; ♦ Continued support for the Bioscience partnerships between cities, companies, and the University of Minnesota; ♦ New funding for a transit related development and redevelopment grant program to better leverage existing programs in areas that are, or will be served by transit projects. III -H Redevelopment Redevelopment allows local communities to adjust to changing market conditions, better utilize existing public infrastructure, and maintain a viable local tax base. However, due to the higher up -front costs of redevelopment, as compared to Greenfield development, desirable redevelopment projects often require public assistance. The State of Minnesota has a responsibility to provide cities with practical and flexible resources that will address the challenges and take advantage of redevelopment opportunities. Metro Cities supports: ♦ Increased and sustained funding of a redevelopment fund, administered by the Department of Employment and Economic Development (DEED), dedicated to Metropolitan Area projects. ♦ Increased, flexible and sustained funding for the Contamination Cleanup Account for cleanup of polluted land and the recycling of previously developed land. III -I Tax Increment Financing Tax Increment Financing (TIF) has been and continues to be the primary tool available to local communities for assisting economic development, redevelopment and housing. Over time, several statutory changes have made this critical tool increasingly difficult to use, while recent property tax reform has resulted in a decreased state financial stake in city TIF decisions. At the same time that TIF has become more restrictive and difficult to use, federal and state development and redevelopment resources have been steadily shrinking. Finally, the 2006 eminent domain reforms will make redevelopment significantly more expensive in some cases and impossible in others. The cumulative impact of TIF restrictions, shrinking federal and state redevelopment resources, and changes to eminent domain laws will restrict a city's ability to address problem properties and will accelerate the decline of developed cities in the Metropolitan Area. Without proper tools and resources to address decline, cities will be unable to stop it. At a minimum, the state should authorize increased flexibility in local TIF decisions. Metro Cities urges the Legislature to: ♦ Not adopt any statutory language that would further constrain the use of TIF; 14 2008 Legislative Policies 1 1 1 1 i Housing & Economic Development ♦ Incorporate the Soils Correction District criteria into the Redevelopment District criteria so that a Redevelopment District can be comprised of blighted and contaminated parcels in addition to railroad property; ♦ Expand the flexibility of TIF to support a broader range of redevelopment projects; ♦ Increase the ability to pool increments from other districts to support projects; ♦ Continue to monitor the impacts of tax reform on TIF districts and if warranted provide cities with additional authority to pay for possible TIF shortfalls. • Re -pass legislation from the vetoed 2007 Tax Bill to allow cities to delay the start of increment for a period of up to four years; ♦ Allow for the creation of transit zones and transit related TIF districts to address development and redevelopment issues associated with transit or transfer stations; ♦ Consider creating an inter - disciplinary TIF team to review local exception TIF proposals, using established criteria, and make recommendations to the legislature on their passage. In addition, for sites that do not meet the restrictive blight and contamination definitions of the 2006 changes to eminent domain law, the Legislature should explore creating incentives to encourage owners whose properties meet the blight definitions under M.S., Chapter 469, to voluntarily sell their land for redevelopment purposes. Incentives could include income tax credits, capital gains deferrals or other incentives targeted at property owners. 1 Finally, Metro Cities encourages the State Auditor to continue to work toward a more efficient and streamlined reporting process. III -J Eminent Domain Eminent domain law changes made by the 2006 Legislature resulted in a significant philosophical and legal shift in Minnesota. Whereas prior to 2006, Minnesota law provided extensive deference to local governments, statutory changes enacted in 2006 provide significantly greater deference to property owners. Eminent domain actions for traditional public uses such as streets, parks or sewers will cost more. And except for the most extreme cases of blight or contamination, eminent domain for redevelopment purposes will be nearly impossible at any cost. The proper operation and long term economic vitality of our cities is dependent on the ability of a city, its citizens and its businesses to continually reinvest and reinvent. Reinvestment and reinvention strategies can occasionally conflict with the priorities of individual residents or business owners. Eminent domain is a critical tool in the reinvestment and reinvention process and without it; our cities will be allowed to deteriorate to unprecedented levels before the public will be able to react. Metro Cities strongly encourages the Governor and Legislature to revisit the 2006 eminent domain changes to allow local governments to address blight and contamination problems before those conditions become financially impossible to address. Specifically, the Legislature should: 2008 Legislative Policies 15 Housing & Economic Development ♦ Re -write the blight and contamination definitions and standard of review sections to reflect the deterioration conditions that currently exist in the Metro Area. ♦ Allow for the assembly of multiple parcels in order to properly and appropriately redevelop blighted or contaminated sites. ♦ Provide for the ability to acquire land from "holdouts" who will now view a publicly funded project as an opportunity for unethical personal gain at taxpayer expense. ♦ Review the new enhanced compensation provisions to determine whether individuals are inappropriately enriched by the process. ♦ Allow for modifications to the effective date language in the 2006 le• gislation in order to accommodate delays in project schedules that are beyond the control of the acquiring authority. III -K This OId House / This OId Shop Metro Cities supports the reenactment of the "This Old House" law, which allowed owners of older homestead property to defer an increase in their tax capacity resulting from repairs or improvements to the home. Metro Cities also supports passage of similar legislation for owners of older commercial /industrial property that make improvements that increase the property's market value by at least 12 %. III -L Business Subsidy Policy Without a thorough study, the Legislature should not make any substantive changes to the Business Subsidy Act during the next legislative session, but should look to technical changes that would stream line both state and local processes and procedures. III -M Internet Technology Where many traditional economic development tools have focused on managing the costs and availability of traditional infrastructure— roads, rail, utilities, etc. —the new economy is increasingly dependent on reliable, redundant, cost effective, high bandwidth telecommunications capabilities. While the United States was once'a leader among "wired" economies, its position has slipped dramatically as other countries have facilitated investments in fiber -optic deployment (fiber to the premises), commitments to true high speed internet capacity (100 mb to 1 gb) and improved networks (Internet 2). Recognizing that there is a policy debate regarding the role of government versus private telecommunications companies in implementing the next generation of internet capability, bringing about such capabilities is increasingly important to insure that U.S. companies in general and Minnesota companies in particular can compete effectively in the global economy. Metro Cities endorses the activities of the League of Minnesota Cities' Telecom Policy Task Force as a means to develop a comprehensive strategy to stimulate the implementation of true high speed, world class, high bandwidth internet capabilities that are reliable, redundant, cost effective and available to all properties. Metro Cities 16 2008 Legislative Policies Housing & Economic Development encourages the Legislature to utilize the findings and recommendations of the Task Force to create legislation that achieves those goals. III -N Metropolitan Council Housing Targets In advance of the 2008 Comprehensive Plan deadline and in response to projected growth in the Metro Area, the Metropolitan Council created a methodology to determine how many affordable housing units would be needed and where those units should go. From that process, each metro area city was assigned an affordable housing "target ". Further, Met Council Comprehensive Plan guidance instructs cities to guide sufficient land to accommodate the "targets ". Metro Cities supports the creation of affordable and lifecycle housing in the metro area. However, providing affordable and lifecycle housing is a shared responsibility between the private sector and government at all levels, including the federal government, state government and Metropolitan Council. Land economics, construction costs and infrastructure needs create barriers to the creation of affordable housing that cities cannot overcome without assistance. Therefore, Metro Cities supports a Metropolitan Council affordable housing policy that recognizes the following tenets: ♦ The Council's housing policies characterize individual city housing numbers as "targets ", not "goals ". ♦ Cities need significant financial assistance from the federal and state government, as well as the Metropolitan Council, in order to make progress toward creating additional affordable housing. ♦ Improved transportation infrastructure and transit service is required to make progress toward creating affordable housing. ♦ Absent significant resources to assist cities, the Met Council will not hold cities responsible if the "targets" can't be met. III -0 Mortgage Foreclosure Sub -prime mortgages and predatory lending practices have resulted in thousands of mortgage foreclosures throughout the state. Foreclosures are devastating to homeowners and tenants and can be equally devastating to neighborhoods when the presence of vacant housing results in reduced property values and increased crime. The additional public safety and code enforcement costs of managing vacant properties are a financial strain on cities. Metro Cities supports the 2007 Legislature's efforts to eliminate predatory lending practices. In order to reduce foreclosures among current recipients of sub -prime mortgages, Metro Cities supports additional legislation, including technical changes to the foreclosure process, increased financial support for mortgage foreclosure prevention activities, and financial assistance to individuals. As solutions to address vacant housing 2008 Legislative Policies 17 Housing & Economic Development are developed, Metro Cities urges the Legislature to partner with cities and the private sector to adopt and implement those solutions. 18 2008 Legislative Policies 1 1 i Metropolitan Agencies (IV) IV -A Purpose of Metropolitan Governance The statutorily - defined Twin Cities metropolitan region is made up of 193 cities and townships covering over 3,000 square miles in seven counties. The effective and efficient delivery of certain public services and the continued economic growth of this region is enhanced by the existence of a regional entity to provide coordination and facilitate cooperation. Therefore, Metro Cities supports the continued existence of a metropolitan governance system for the purpose of: ♦ Facilitating long -term region -wide planning with the cooperation and consideration of the affected local units of government; and ♦ Planning for and providing those public services that are needed by the region, but cannot be effectively and efficiently provided by local governments or the state. With or without the Metropolitan Council as it exists today, the region needs some entity to perform these functions. However, the Twin Cities' metropolitan Governance structure should not be granted, nor should it assume, general local government or state agency powers. IV -B Roles and Responsibilities of the Metropolitan Council The primary responsibilities of the Metropolitan Council are to: ♦ Plan for the orderly and economical development of the metropolitan area by preparing a comprehensive development guide that includes long -range comprehensive policy plans for the transportation/aviation, wastewater treatment and recreational open space systems. ♦ Review local comprehensive plans for compatibility with the plans of neighboring communities, consistency with Metropolitan Council policies and conformity with metropolitan system plans. ♦ Provide specific regional services and administer select regional grant programs as assigned by state or federal law. ♦ Provide technical assistance, research and information to local units of government. Overall, it is the Metropolitan Council's role, through the regional development guide and its accompanying policy plans, to set broad regional goals and then provide cities with technical assistance and incentives to achieve those goals. Local governments are ultimately responsible for zoning, land use planning and development decisions within their borders. 2008 Legislative Policies 19 Metropolitan Agencies Any additional responsibilities taken on by, or authority granted to the Metropolitan Council should be limited to a specific statutory assignment, or grant. IV -C Selection of Metropolitan Council Members Members of the Metropolitan Council should be selected via an open process that includes an opportunity for local governments and other stakeholders to provide meaningful input. Council members should understand and be responsive to the districts they represent while also serving the best interests of the region. Metropolitan Council members should serve fixed, staggered terms. IV -D Funding Regional Services The Metropolitan Council should continue to fund its regional services and activities through a combination of user fees, property taxes, and state and federal grants. • The Metropolitan Council should set user fees via an open process that includes public notices and public hearings. User fees should be uniform by type of user and set at a level that supports effective and efficient public services based on commonly accepted industry standards, and allows for sufficient reserves to ensure long -term service and fee stability. ♦ Metro Cities supports the use of user fees and property taxes to fund regional projects so long as the benefit conferred on the region is proportional to the fee or tax, and the fee or tax is comparable to the benefit cities receive in return. ♦ Metro Cities supports user fees for regional projects so long as the fees are not used to coerce a particular response from cities. ♦ Fee proceeds should be used to fund regional services or programs for which they are collected. IV -E Regional Systems Regional systems are currently defined in statute as transportation (with aviation), wastewater treatment and recreational open space. The purpose of these regional systems and the Metropolitan Council's authority for them is clearly outlined in state statute. In order to alter the focus or expand the reach of any of these systems, the Metropolitan Council must seek a statutory change. The system plans /statements prepared by the Metropolitan Council for these regional systems should be specific in terms of the size, location and timing of regional investments in order to allow for consideration in local comprehensive planning. System plans should clearly state the criteria by which local plans will be judged for consistency and the criteria that will be used to find that a local plan is more likely than not to have a substantial impact on or contain a substantial departure from metropolitan system plans. 20 2008 Legislative Policies Metropolitan Agencies Additional regional systems should only be established if there is a compelling metropolitan problem or concern that can best be addressed through the designation. Common characteristics of the four existing regional systems include public ownership of the system and its components and an established regional or state funding source. These characteristics should be present in any new regional system that might be established. Water supply does not meet these criteria. IV -F Review of Local Comprehensive Plans In reviewing local comprehensive plans and plan amendments, the Metropolitan Council should: ♦ Recognize that its role is to review and comment, unless it is found that the local plan is more likely than not to have a substantial impact on or contain a substantial departure from one of the four system plans; ♦ Be aware of the statutory time constraints imposed by the Legislature on plan amendments and development applications; ♦ Provide for immediate effectuation of plan amendments that have no potential for substantial impact on systems plans; ♦ Require the information needed for the Metropolitan Council to complete its review, but not prescribe additional content or format beyond that which is required by the Metropolitan Land Use Planning Act (LUPA); ♦ When a city's local comprehensive plan is deemed incompatible with the Met Council's systems plans, Metro Cities supports a formal appeals process that includes a peer review and encourages cities and the Met Council to work in a cooperative and timely fashion toward the resolution of outstanding issues. Metro Cities opposes the imposition of sanctions or monetary penalties when a city's local comprehensive plan is deemed incompatible with the Met Council's systems plans or the plan fails to meet a statutory deadline when the city has made legitimate efforts to meet Met Council requirements. Pursuant to the Land Use Housekeeping Bill passed by the 2007 Legislature, Metro Cities shall work with the Met Council to establish criteria to define what constitutes "minor" as it applies to a waiver of the 60 -day adjacent community review and comment process for minor comprehensive plan amendments not on municipal boundaries. IV -G Local Zoning Authority Local governments are responsible for zoning. Local zoning decisions, which are the implementation of cities' comprehensive plans, should not be conditioned upon the approval of the Metropolitan Council or any other governmental agency. Metro Cities 2008 Legislative Policies 21 Metropolitan Agencies strongly opposes the creation of any appeals boards with the authority to supersede city zoning decisions. IV -H Regional Growth The most recent regional population forecasts project an additional 930,000 people and 460,000 households for the seven - county metropolitan area by the year 2030. In order to accommodate this growth in a manner that preserves the region's high quality of life: ♦ Natural resource protection will have to be balanced with growth and development/reinvestment; ♦ Significant new resources will have to be provided for transportation and transit; • New households will have to be incorporated into the core cities, first and second -ring suburbs, and developing cities through both development and redevelopment. In order for regional and local planning to result in the successful implementation of regional policies: ♦ The State of Minnesota must contribute additional financial resources, particularly in the areas of transportation and transit, reinvestment, affordable housing development, and the preservation of parks and open space. If funding for regional infrastructure is not adequate, cities should not be responsible for meeting the growth forecast set forth by the Metropolitan Council. ♦ The Metropolitan Council must work to pursue levels of state and federal transportation funding that are adequate to meet identified transportation and transit needs in the metropolitan area. • • The Metropolitan Council must recognize the limitations of its authority and continue to work with cities in a collaborative, incentives -based manner, and ♦ Metropolitan counties, including the collar counties and school districts, must be brought more thoroughly into the discussion due to the critical importance of facilities and services such as county roads and public schools in accommodating forecasted growth. ♦ Greater recognition must be given to the fact that the "true" metropolitan region extends beyond the traditional seven - county area and the need to work collaboratively with the twelve adjacent counties in Minnesota and Wisconsin, and the cities within those counties. The region faces environmental, transportation, and land -use issues that cannot be solved by the seven - county metro area alone. Metro Cities supports an analysis to determine the impacts of Metropolitan Council's growth management policies and infrastructure investments on the growth and development of the collar counties, and the impacts of growth in the collar counties on the metropolitan area. 22 2008 Legislative Policies Metropolitan Agencies IV -I Comprehensive Planning Schedule Cities are scheduled to review their comprehensive plans and submit any necessary updates to the Metropolitan Council in 2008. Any future changes to the schedule for local comprehensive planning should be accompanied by the statutory establishment of a complementary schedule for regional planning. This schedule should: (1) protect cities from being forced into a state of perpetual planning in response to regional actions; and; (2) ensure sufficient time for cities to understand and incorporate regional policies into their local planning efforts. IV-J Natural Resource Protection Metro Cities supports the Metropolitan Council's efforts to compile and maintain an inventory and assessment of regionally significant natural resources for the purpose of providing local communities with additional information and technical assistance. However, any additional steps taken by the Metropolitan Council regarding the protection of natural resources must recognize that: ♦ The state has a significant role to play in the protection of natural resources — especially when those resources are significant to a multi - county area that is home to more than 50 percent of the state's population and a travel destination for many more. Given the limited availability of resources and the artificial nature of the metropolitan area's borders, neither the region nor individual metropolitan communities would be well served by assuming primary responsibility for financing and protecting these resources. Metro Cities urges the state and/or the Metropolitan Council to provide financial assistance for the preservation of regionally significant natural resources. ♦ The completion of local Natural Resource Inventories and Assessments (NRI /A) is not a regional system nor is it a required component of local comprehensive plans under the Metropolitan Land Use Planning Act. ♦ The protection of natural resources will have to be balanced with the need to accommodate growth and development, reinvest in established communities, encourage more affordable housing and provide transportation and transit connections. Decisions about the zoning or land -use designations of specific parcels of land not already contained within a public park, nature preserve or other protected area are, and should remain, the responsibility of local units of government. 2008 Legislative Policies 23 Metropolitan Agencies IV -K Federal Clean Water Mandates Recent legal action related to impaired waters poses a significant threat to the development and redevelopment interests of the Twin Cities. However, because the Environmental Protection Agency measures compliance on a statewide basis, and because watersheds and river basins transcend political boundaries, meeting clean water standards is a statewide issue. Clean water requirements will affect both wastewater treatment and storm water systems. • The Metropolitan Council should partner with federal and state agencies, as well as Metropolitan Area cities, to arrive at solutions to current legal challenges associated with the federal Clean Water Act that are both financially and environmentally appropriate for cities, the region and the state. IV -L Inflow and Infiltration (I /l) The Metropolitan Council's Water Resources Management Plan has established an I/I surcharge beginning in 2007 on cities that are determined to be contributing unacceptable amounts of clear water to the MCES wastewater treatment system. Currently 44 cities have been identified as excessive I/I contributors. This number is subject to change, depending on rain events, and any city in the metropolitan area could be affected. Metro Cities recognizes the importance of controlling I/I because it affects the size, and therefore the cost, of wastewater treatment systems and because excessive I/I in one city can affect development capacity of another city that lies down pipe. Metro Cities' policies supported the following criteria for a surcharge program: ♦ A data supported definition of "excessive I /I" that includes data over a five year period with periodic updates that reflect municipal mitigation efforts; ♦ Access to all flow data that verifies that the origin of the I/I is within a city's collection system and not a MCES interceptor, or not from another jurisdiction; ♦ The amount of the surcharge is commensurate with the cost of solving the problem; ♦ The surcharge is levied as a last resort and will not be charged unless a city fails to develop a mitigation plan in a timely manner; ♦ The surcharge is discontinued when the city adopts a construction schedule to implement their I/I mitigation plan; ♦ All money collected from an individual city via the surcharge is returned to the city for their mitigation efforts. The surcharge program provides for a deferral of I/I surcharges over 25% of municipal wastewater charges and additional metering of MCES interceptors. Metro Cities will continue to monitor the surcharge program, and encourages the Metropolitan Council to support state financial assistance for Metro Area I/I mitigation through future Clean Water Legacy Act appropriations or similar legislation. 24 2008 Legislative Policies Metropolitan Agencies Further, Metro Cities supports state capital assistance to provide grants to metro area cities for the purpose of mitigating inflow and infiltration problems into municipal wastewater collection systems. IV -M Water Supply The 2005 Legislature authorized the Metropolitan Council to carry out planning activities to address the water supply needs of the Metro Area. The Water Supply Advisory Committee, whose members include five municipal officials, began its work in January 2006. Its work includes analyzing technical water supply /use data, the development of a master metro area water supply plan, recommendations for clarifying roles of local, regional and state governments and streamlining and consolidating approval processes, and recommendations for funding future planning and capital investments. The advisory committee completed Phase I of its work in December 2006, and submitted a report to the Legislature in January, 2007. Metro Cities supports the process outlined for phase II of the committee's work, including the development of a master metro area water supply plan, with the addition of a technical advisory group that includes municipal expertise to assist in providing information to the advisory committee. In addition to the Metropolitan Council, there are currently at least five state agencies with water related jurisdiction. There are also several federal agencies involved in water issues. Metro Cities supports the Metropolitan Council activities associated with clarifying local, regional and state water supply roles. Metro Cities encourages the Metropolitan Council to consider the inter - relationships of wastewater treatment, storm water management and water supply. Metro Cities also supports analytical work that will help streamline and consolidate the myriad and often conflicting water supply permitting processes. Metro Cities further supports efforts to identify capital funding sources to assist with municipal water supply projects. However, Metro Cities opposes the insertion of the Metropolitan Council as another regulator in the water supply arena. Metro Cities further opposes the elevation of water supply to "Regional System" status, or the assumption of Met Council control and management of municipal water supply infrastructure. At this time, we oppose any regional taxes or fees for water supply planning. IV -N Service Availability Charge (SAC) The Met Council proposed changes to its SAC program in 2005. The original proposal would have disallowed the use of `grandfathered (pre 1973) SAC credits. Metro Cities opposed that change, and convened a work group to review the proposals and make recommendations. As a result of those discussions and subsequent meetings with MCES staff, the Metropolitan Council adopted a `no net credit' proposal. Under this proposal, when a redeveloping property's new use requires lower wastewater capacity than what was used in the prior seven years, SAC credits are limited to the amount needed on the 2008 Legislative Policies 25 Metropolitan Agencies site for the new use. A property developing at the same or lesser wastewater demand will not incur SAC nor get credits. Metro Cities supports a SAC program that emphasizes equity, simplification and lower rates. Under a no- net - credit structure, Metro Cities supports a baseline `look back' of seven years, 10 years for phased developments and longer time lines to be decided on a case by case basis for redevelopment projects that involve extenuating circumstances. Metro Cities also supports a start date of 2010 to allow cities adequate time to determine and use existing SAC credits. IV -O Funding Regional Parks & Open Space In the seven - county metropolitan area, regional parks essentially serve the role of state parks. Therefore, the state should continue to provide capital funding for the acquisition, development and improvement of these parks. State funding should equal 40 percent of the operating budget for regional parks. IV -P Livable Communities The Livable Communities Act (LCA) is operated by the Metropolitan Council and provides a voluntary, incentive -based approach to affordable housing development, brown field clean up and mixed -use, transit- friendly development and redevelopment. Metro Cities strongly supports the continuation of this approach, which has been widely accepted and is fully utilized by local communities. Metro Cities supports increased funding and flexible eligibility requirements in the livable communities demonstration account in order to assist communities with development that may not be exclusively market driven or market proven in their particular location and in order to support important development and redevelopment goals. Metro Cities supports statutory modifications in the Livable Communities Demonstration Account Program to reflect the linkages among the LCDA and municipal objectives and goals and Met Council systems objectives and goals. Metro Cities also supports statutory changes to assure that all metropolitan area cities are eligible to participate in the LCDA program. Use of interest earnings from LCA funds should be limited to covering the costs of administering the program. Remaining interest earnings not used for program administration should be considered part of the LCA funds and used to fund grant requests from the established LCA accounts, according to established funding criteria. IV -Q Affordable Housing Need Metro Cities recognizes and supports the role of the Metropolitan Council, under the Land Use Planning Act, to prepare and adopt guidelines to assist local government units 26 2008 Legislative Policies Metropolitan Agencies with the provisions of the Land Use Planning Act, including the responsibility for planning for affordable housing. In forecasting affordable housing need in the metro area, and determining each community's share of the regional need, the Council must recognize both the limited opportunities and financial limitations of cities. The Council should partner with cities to facilitate the creation of affordable housing through direct financial assistance and advocating for additional resources. Metro Cities opposes sanctions or penalties if a city fails to meet its share of affordable housing need due to a lack of available resources. IV -R Density Metro Cities supports a reasonable Met Council density policy that bases density projections on actual development patterns, is flexible, and accommodates cities at various development stages. Any Met Council density policy must take into account the impacts of market trends on city development and redevelopment activities. 2008 Legislative Policies 27 Metropolitan Agencies 28 2008 Legislative Policies i 1 Transportation (V) V -A Transportation and Transit Funding Metro Cities strongly supports increased funding for transit and highways, both of which are a critical need in the metropolitan area. In addition, funding for mass transit, including transit ways, light rail or heavy rail in existing corridors, should be dedicated in a manner consistent with current highway funding. Funds allocated to the metropolitan area should be flexible so that the most efficient and cost effective transportation solutions may be chosen and the main metropolitan problem of congestion relief can be addressed. Metro Cities supports full funding of transportation and transit needs based on projected growth over the next twenty -five years. The metro area is predicted to grow by one million people by 2030, with funding needs for transportation and transit of over one billion dollars ($1 billion) per year for the next fifteen years. Metro Cities believes it is important to join a coalition of organizations to better address the transportation financing needs of the entire state and will be cooperating with groups with the same mission. For the purpose of accelerating road and transit construction projects in the metro area, Metro Cities supports the following list of revenue raising options in any combination, provided there is no corresponding offset to negate any actual new revenue, that has the political and financial viability to produce improved roads and transit. ♦ Gas Tax ♦ Additional Highway Bonding ♦ License Tab Fee Restoration ♦ Motor Vehicle Sales Tax Increase ♦ Wheelage Tax ♦ Street Utility Fee ♦ Road Access Fee ♦ Sales Tax Metro Cities supports the statutory dedication of MVST on leased vehicles to be dedicated 100% to transportation and transit. Metro Cities will oppose any reduction in existing dollars to fund transportation as a result of the dedication of MVST dollars for transportation purposes. All non - transportation programs should be funded from sources other than currently dedicated transportation funds. 2008 Legislative Policies 29 Transportation V -B Regional Transit System The Twin Cities Metropolitan Area needs a multi -modal regional transit system that serves both commuters and the transit dependent. The transit system should be composed of a mix of HOV lanes, express and regular route bus service, exclusive transit ways, light rail transit and commuter rail corridors designed to connect residential, employment, retail and entertainment centers. The system should be regularly monitored and adjusted to ensure that routes of service correspond to the region's changing travel patterns. In order to slow the growth in congestion and provide regional residents and visitors with a realistic alternative to the automobile, the regional transit system needs a funding source that is both stable and capable of growing with the region. Metro Cities is opposed to legislative directives that constrain the ability of metropolitan transit providers to provide a full range of transit services, including reverse commute routes, suburb -to- suburb routes, transit hub feeder services or new, experimental services that may show a low rate of operating cost recovery from the fare box. V -C Transit Operating Subsidies The Twin Cities metropolitan area is served by a regional transit system that is expanding to include rail transit and dedicated bus ways. Any operating subsidies necessary to support this system should come from.a regional or statewide funding source. The property taxpayers of individual cities and counties should not be singled out to fund the operation of specific transit lines or routes of service within this regional system. V -D Road Access Fee In order to fairly provide for major street improvements of primary benefit to a particular subdivision development, and to allocate costs so that new growth pays its fair share, the Legislature should authorize cities to establish, at their option, similar to park dedication fees, a road development access charge to be collected at the time that subdivisions are approved and/or at the time building permits are issued. V -E Street Utility Metro Cities supports legislation authorizing cities to establish a street utility for street construction and reconstruction of aging infrastructure, similar to the existing storm water utility, so that costs of improved facilities can be more fairly charged to the users rather than the general population as a whole. V -F Highway Turnbacks & Funding Metro Cities supports jurisdictional reassignment or turnback of roads on a phased basis using functional classifications and other appropriate criteria subject to a corresponding mechanism for adequate funding of roadway improvements and continued maintenance. 30 2008 Legislative Policies Transportation Metro Cities does not support the wholesale tumback of county roads without the total cost being reimbursed to the city in a timely manner. Cities do not have the financial capacity, other than significant property tax increases, to absorb the additional roadway responsibilities without new funding sources. The existing municipal tumback fund is not adequate based on contemplated turnbacks. Metro Cities supports, through the state bonding process, additional funds for local roads and bridges. Additional funding would begin to ease the burden municipalities are bearing due to the increase cost of road maintenance. Metro Cities supports additional funding for municipalities that are assuming the role of maintenance and upkeep on city streets that maintain a level of traffic consistent with state highways. Cities should be compensated for providing a service that traditionally has been borne by the state. The state has abrogated its responsibility for maintaining major roads throughout the state by requiring, through omission, that cities bear the burden of maintenance on major state roads. V -G "3C" Transportation Planning Process: Elected Officials' Role Metro Cities supports continuation of the Transportation Advisory Board (TAB), with a majority of locally elected officials as members and participating in the process. The TAB was developed to meet federal requirements, designating the Metropolitan Council as the organization that is responsible for a continuous, comprehensive and cooperative (3C) transportation planning process to allocate federal funds among metropolitan area projects. This process requirement was reinforced by the 1991 Intermodal Surface Transportation Efficiency Act (ISTEA), the 1998 Transportation Efficiency Act for the 21St Century (TEA21) and the 2005 Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA -LU). V -H Photo Enforcement of Traffic Laws Cities should be allowed to enforce traffic laws and promote public safety on Minnesota's streets and highways through the use of photo enforcement technology. V -I Airport Noise Mitigation Metro Cities supports noise abatement programs and expenditures designed to minimize the impacts of Metropolitan Airports Commission (MAC) operated facilities on neighboring communities. The MAC should determine the design and geographic reach of these programs only after a thorough public input process that considers the priorities and concerns of impacted cities and their residents. The MAC and the state should seek long -term solutions to fund the full mitigation package as adopted in 1996 for all homes in the 64 -60 DNL impact area. Noise abatement efforts should be paid for by fees and charges collected from airport users, as well as state and federal funds. Furthermore, unless mitigation funding is provided, Metro Cities opposes any legislation that requires a property owner to disclose those properties that lie within 64 -60 DNL noise contours. 2008 Legislative Policies 31 Transportation Metro Cities supports a change to the governance structure of the Metropolitan Airports Commission (MAC). The MAC currently consists of 15 members, thirteen of whom are appointed by the Governor, and the mayors of Minneapolis and St. Paul or their designees. Although the MAC is statutorily charged to "reflect fairly the various regions and interests affected by the airport system," only two of the communities most affected by the Minneapolis /St. Paul International Airport (MSP) have direct representation on the commission and are given the opportunity to select their district's representative. Acknowledging that the communities closest to MSP and reliever airport impacted communities are significantly impacted by noise, traffic, and other numerous expansion - related issues, Metro Cities supports the broad goal of providing MSP - impacted communities greater representation on the MAC. V -J Cities Under 5,000 Population Cities under 5,000 in population do not directly receive any non - property tax funds for collector and arterial streets. Current CSAH distributions to metropolitan counties are inadequate to provide for the needs of smaller cities in the metropolitan area. Criteria, such as the number of average daily trips, should be established in a small city local road improvement program for funding qualification and a distribution method devised. Possible funding sources include the five- percent set -aside account in the Highway User Tax Distribution Fund, modification to county municipal accounts and/or state general funds. V -K County State Aid Highway (CSAH) Distribution Formula Because the Legislature and Governor have yet to agree on long term transportation funding, more of the burden for transportation costs is being borne by local units of government. In response to a lack of state level funding, some counties are requiring municipalities to participate in cost sharing to build county roads. When the alternative is not building or maintaining roads, cities bear not only the costs of their local systems but also pay upward of fifty percent of county road projects. Metro Cities supports special or additional funding for cities that have burdens of additional cost participation in county road projects. Although only 10% of the CSAH roads are in the metro area, they account for nearly 50% of the vehicle miles traveled. Metro counties receive less then 20% of the CSAH distribution based on the current formula. This formula should be updated to more fairly reflect current needs. Metro Cities supports modification of the County State Aid Highway (CSAH) distribution formula to more fairly account for total vehicle miles traveled on metropolitan county CSAH funded roads. 32 2008 Legislative Policies Transportation V -L Municipal Input/Consent for Trunk Highways and County Roads Minnesota Statutes direct the MN Department of Transportation (MnDOT) to submit detailed plans with city cost estimates at a point one and a half to two years prior to bid letting, at which time public hearings are held for citizen/business /municipal input. If MnDOT does not concur with requested changes, it may appeal. Currently, that process would take a maximum of three and a half months and the results of the appeal board are binding on both the city and MnDOT. Metro Cities opposes any changes to the current statute that would allow MnDOT to disregard the appeal board ruling for state trunk highways. The result of such a change would significantly minimize MnDOT's desire or need to negotiate in good faith with a city for appropriate project access and alignment, and it would make the public hearing and appeal process meaningless. Metro Cities opposes elimination of the county road municipal consent and appeal process for the same reasons we oppose changing the process as it applies to MnDOT trunk highway projects. V -M Plat Authority Metro Cities supports current law granting counties review and comment authority for access and drainage issues for city plats abutting county roads. Metro Cities opposes any statutory change that would grant the county veto power or that would shorten the 120 - day review and permit process time. V -N City Speed Limit Control Metro Cities supports a reduction in the state -wide default speed limit from 30 to 25 mph on local residential roads. Metro Cities supports design standards that result in slower speeds on local roads. In the event of a uniform speed limit reduction, Metro Cities supports increased state funding for education and enforcement. V -O Speed Limits Surrounding City Parks and Schools At cities' or counties' discretion, Metro Cities supports a year round reduction of speed limits within 500 feet of any city or county parks as well as schools. V -P MnDOT Maintenance Budget The Minnesota Department of Transportation's maintenance budget has been reduced in recent years due to a lack of state funding and as a result state right of ways, roadways, and state owned parcels are not being adequately maintained. As a result, municipalities are spending local dollars maintaining these properties, many of which are deteriorating at an accelerated rate. Metro Cities supports fully funding MnDOT's maintenance 2008 Legislative Policies 33 Transportation budget to relieve the financial burden on local units of government and to assure that state highways do not deteriorate prematurely. 34 2008 Legislative Policies Committee Rosters (VI) Housing & Economic Development Anne Norris (Chair), City Manager, Crystal Bonnie Balach, Consultant, Minneapolis Karen Barton, Comm. Dev. Dir., Arden Hills Mike Bourke, Councilmember, Blaine Tom Daniel, Mgr. Econ. Dev., Minneapolis Tami Diehm, Councilmember, Columbia Heights Rick Getschow, City Manager, Hopkins Bryan Hartman, Program Manager, Bloomington Brian Heck, Administrator, Lauderdale Jon Hohenstein, Comm. Dev. Dir., Eagan Fran Holmes, Councilmember, Arden Hills R. Michael Leek, Comm. Dev. Dir., Shakopee Dean Lotter, City Manager, New Brighton Bruce Nordquist, Comm. Dev. Dir., Apple Valley Tammy Omdal, Deputy City Manager /CFO, Burnsville Samantha Orduno, Administrator, Dayton Terence Quigley, Councilmember, Shoreview Ron Rankin, Comm. Dev. Dir., Minnetonka Robert Schreier, Dir. of Commun. Dev., Brooklyn Park Bob Streetar, Comm. Dev. Dir., Columbia Heights Craig Waldron, Administrator, Oakdale Mike Wilhelmi, Dir. of Intergovernmental Relations, St. Paul Pierre Willette, Government Relations Rep., Minneapolis Liz Workman, Councilmember, Burnsville Metropolitan Agencies Craig Dawson (Chair), Admin - Clerk, Shorewood Susan Arntz, Administrator, Waconia David Beaudet, Mayor, Oak Park Heights Charlie Crichton, Councilmember, Burnsville Karen Divina, Asst. City Manager / HR Dir. Cheryl Fischer, Mayor, Minnetrista Elizabeth Glidden, Councilmember, Minneapolis 2008 Legislative Policies 35 Committee Rosters Tom Goodwin, Councilmember, Apple Valley Brian Heck, Administrator, Lauderdale Wes Hovland, Councilmember, Blaine Susan Hoyt, Administrator, Lake Elmo Schawn Johnson, Asst. to the City Manager, New Brighton Dean Johnston, Mayor, Lake Elmo Larry Lee, Comm. Dev. Dir., Bloomington Thomas Link, Comm. Dev. Dir., Inver Grove Heights Linda Loomis, Mayor, Golden Valley Terry Schneider, Councilmember, Minnetonka Wendy Underwood, Govt. Relations Rep., St. Paul Pierre Willette, Govt. Relations Rep., Minneapolis Michelle Wolfe, Administrator, Arden Hills Ron Wood, City Manager, Blaine Wendy Wulff, Councilmember, Lakeville Municipal Revenue & Taxation Marcia Glick (Chair), City Manager, Robbinsdale Clark Arneson, Asst. City Manager, Bloomington Patrick Born, Chief Financial Officer, Minneapolis Tom Burt, City Manager, Golden Valley Lori Economy - Scholler, Chief Financial Officer, Bloomington Jerry Faust, Mayor, St. Anthony Village Walt Fehst, City Manager, Columbia Heights Susan Iverson, Finance Dir. /Treas., Arden Hills Dan Kealey, Councilmember, Burnsville Tom Lawell, Administrator, Apple Valley Dean Lotter, City Manager, New Brighton Linda Masica, Councilmember, Edina Mary McComber, Councilmember, Oak Park Heights Justin Miller, Administrator, Falcon Heights Bruce Nawrocki, Councilmember, Columbia Heights Scott Neilson, Administrator, Mahtomedi Tammy Omdal, Deputy City Manager /CFO, Burnsville Calvin Portner, Asst. City Manager, Brooklyn Park Richard Pribyl, Finance Dir. - Treas., Fridley Don Rambow, Finance Dir., White Bear Lake Gene Ranieri, IGR Director, Minneapolis Robin Roland, Finance Dir., Farmington Ryan Schroeder, Administrator, Cottage Grove Danna Elling Schultz, Councilmember, Hastings Steve Sinell, City Assessor, Eden Prairie Matt Smith, Dir. Office of Financial Services, St. Paul Erin Stwora, Asst. to the City Administrator, Dayton Mike Wilhelmi, Dir. of Govt. Relations., St. Paul 36 2008 Legislative Policies Committee Rosters Dick Woodruff, Councilmember, Shorewood Wendy Wulff, Councilmember, Lakeville Transportation & General Government Dave Osberg (Chair), Administrator, Hastings Doug Anderson, Mayor, Dayton Janis Callison, Mayor, Minnetonka Pam Dmytrenko, Asst. To City Manager, Richfield Karen Divina, Asst. City Manager /HR Dir., West St. Paul Steve Elkins, Councilmember, Bloomington Matt Fulton, City Manager, Coon Rapids Mike Funk, Administrator, Minnetrista Randy Gilbert, Mayor, Long Lake Dan Gustafson, Councilmember, Burnsville Chuck Haas, Councilmember, Hugo Mary Hamann - Roland, Mayor, Apple Valley William Hargis, Mayor, Woodbury Tom Harmening, City Manager, St. Louis Park Sandy Hewitt, Councilmember, Plymouth Greg Hoag, Public Works Dir., Arden Hills Brenda Holden, Councilmember, Arden Hills Susan Hoyt, Administrator, Lake Elmo Gordon Hughes, City Manager, Edina Marvin Johnson, Mayor, Independence Schawn Johnson, Asst. to the City Manager, New Brighton Dean Johnston, Mayor, Lake Elmo R. Michael Leek, Comm. Develop. Dir, Shakopee Robert Lilligren, Councilmember, Minneapolis Linda Loomis, Mayor, Golden Valley John Maczko, City Engineer, St. Paul Mary McComber, Councilmember, Oak Park Heights Mark McNeill, Administrator, Shakopee Mike Mornson, City Manager, St. Anthony Village Veid Muiznieks, Chief of Police, Newport Samantha Orduno, Administrator, Dayton Bud Osmundson, Dir. of Public Works /City Engineer, Burnsville Dave Pokorney, Manager, Chaska Mark Sather, City Manager, White Bear Lake Danna Elling Schultz, Councilmember, Hastings Ellsworth Stein, Airport Rel. Commission, Mendota Heights Dick Swanson, Councilmember, Blaine John Sweeney, Mayor, Maple Plain Wendy Underwood, Government Relations Rep., St. Paul Karen Lowery. Wagner, Government Relations, Minneapolis Jon Wertjes, Director of Transportation Services, Minneapolis 2008 Legislative Policies 37 Committee Rosters Ady Wickstrom, Councilmember, Shoreview Wendy Wulff, Councilmember, Lakeville 38 2008 Legislative Policies Association of Metropolitan Municipali s 145 UniversityAve. W. St.;Paul, Minnesota 5510372044 Phone: (651) 215 -4000 Fax: `(651) 281 -1299 Website: vw:amrri145.org Staff members: Louis Jambois Executive Director 651-215-4001 Louis @amm145.org }• Association of Meettropo oCities litan Muni 145 University Avenue W,e St. ,Paul, Minnesota 55103 2 51- 215 -4000 Fax: 651 ica Nauman Government Relati 651 -215 -4002 Patricia@amm145.org 1 -1299 Website: www.a )Laurie Jennings Office, Manager 651 - 215 -4004 Laurie@amm145.org M CITI E S ETRO PRESIDENT Janis Callison Mayor Minnetonka DIRECTORS Douglas Anderson Mayor Dayton Paul Anderson Councilmember North St. Paul Susan Arntz Administrator Waconia BOARD OF DIRECI ORS July 2008 - July 2009 Myron Bailey Councihnember Cottage Grove VICE PRESIDENT Dave Osberg Administrator Hastings PAST PRESIDENT Tom Goodwin Councilmember Apple Valley Mike Gamache Mayor Andover Diane Hofstede Councilmember Minneapolis Dave . Kelso Councihnember Circle Pines Linda Masica Councilmember Edina Mark Sather City Manager White Bear Lake Wendy Underwood Legis. Liaison St. Paul Mary McComber Councilmember Oak Park Heights Pierre Willette Gov't Relations Rep. Minneapolis Mark Bernhardson Manager Bloomington Mark McNeill Administrator Shakopee Holly Dahl Mayor Lakeville Mike Maguire Mayor Eagan Updated 6/13/08 THE METRO CITIES MISSION is to represent the collective interests of all metropolitan area cities on metropolitan issues and statewide issues with metropolitan significance ABOUT METRO CITIES Metro Cities is the only metro -wide service and lobbying organization representing cities in the Twin Cities Metropolitan Area. Our membership currently consists of 86 cities from all 7 metro counties, that make up more than 85% of the metro area's population. ADMINISTRATIVE STRUCTURE Metro Cities is governed by a 19- member Board of Directors and served by a four- person staff. Board membership is comprised of local elected and appointed officials representing each class of city, and is geographically distributed to reflect the composition of our membership. MAJOR FUNCTIONS Metro Cities represents metropolitan cities before the Metropolitan Council on issues such as comprehensive land planning, zoning, transportation, growth, housing, wastewater and water resources, and livable communities. Metro Cities represents metropolitan cities before the Legislature on transportation funding, economic development, housing, LGA and other state aids, property taxes, tax increment financing and other issues with metro and statewide significance. Metro Cities provides a forum for policy development with four committees (Municipal Revenues, Metro Agencies, Housing /Economic Development and Transportation /General Government) comprised of local officials and staff that meet annually to develop policies that guide Metro Cities in its representation of city interests before the Legislature and Met Council. Metro Cities provides important services to its membership, including the License and Permit Fee Survey, Salary Survey, and staff support for the Metropolitan Area Management Association (MAMA). POLICY DEVELOPMENT A vital function of Metro Cities is to provide a forum for policy development and consensus building that allows city officials to deepen their awareness and understanding of other communities, collaboratively problem solve, and develop consensus based policies. As the only general purpose metro -wide city organization, and with membership that includes the central cities, inner ring and developing suburbs as well as freestanding communities, Metro Cities is uniquely suited for this task. METRO CITIES RELATIONSHIPS WITH LMC AND MET COUNCIL While Metro Cities is affiliated with the LMC and routinely cooperates on important issues, our mission is separate. A key distinction is Metro Cities' work with the Metropolitan Council. Metro Cities, created subsequent to the Council, coordinates with and monitors the Council's work on a range of issues and responds as appropriate to protect the interests of metro cities. Although, °Metro Cities and LMC work collaboratively on a wide array of city issues with metro and statewide importance, there have been and likely will be issues where our metro focus will dictate a different approach. METRO CITIES Ten Good Reasons tobea Metro Cities Member ♦ 86 Metropolitan Area member cities means we deliver a comprehensive and uniquely Metro area message to the legislature, the Governor's Office and the Metropolitan Council. • Metro Cities covers a comprehensive list of Metro issues from transporta- tion to levy limits to housing to wastewater treatment - 60 issues in all That means greater influence on a wider variety of issues. • Committee members from the core cities, developed suburbs and develop- ing cities, create Metro Cities' advocacy positions through an inclusive consensus process. Created in 1974, Metro Cities is the only municipal advocacy organization to monitor and influence Metropolitan Council issues before the Council makes final decisions. ♦ A 19- member Board comprised of a mix of elected officials and profes- sional managers means balance between important political and practical management solutions to Metro Area problems. ♦ Ten TAB and eight TAC appointments means influence on regional trans- portation spending exceeding $100 million per year. ♦ Close ties with LMC means coordinated and cooperative legislative plat- forms and lobbying efforts. ♦ Low overhead means affordable dues, full attention to important member issues and concerns, and maximum return on investment. ♦ Important services including the License & Permit Fee Survey and the 2006 MN Local Government Salary & Benefits Survey means added value for your membership dues. Laurie, Louie, Patty and Sarah have over 70 years of combined legislative, local government, community development, and association management experience and are loyal, trustworthy, courteous, kind, cheerful and thrifty. 145 University Ave W, Saint Paul, MN 55103 -2044 Telephone: (651) 215 -4000 Fax: (651) 281 -1299 www.amm145.org Metro Cities Membership 2008 1. Albertville* 2. Andover 3. Anoka 4. Apple Valley 5. Arden Hills 6. Bayport 7. Blaine 8. Bloomington 9. Brooklyn Center 10. Brooklyn Park 11. Burnsville 12. Carver 13. Champlin 14. Chanhassen 15. Chaska 16. Circle Pines 17. Columbia Heights 18. Coon Rapids 19. Cottage Grove 20. Crystal 2L Dayton 22. Eagan 23. Eden Prairie 24. Edina 25. Elko New Market 26. Excelsior 27. Falcon Heights 28. Farmington 29. Forest Lake 30. Fridley 31. Golden Valley 32. Hastings 33. Hopkins 34. Hugo 35. Independence 36. Inver Grove Heights 37. Jordan 38. Lake Elmo 39. Lake St. Croix Beach 40. Lakeland 41. Lakeville 42. Lauderdale 43. Long Lake 44. Mahtomedi 45. Maple Plain 46. Maplewood 47. Medicine Lake 48. Mendota Heights 49. Minneapolis 50. Minnetonka 51. Minnetrista 52. New Brighton 53. Newport 54. North St. Paul 55. Oak Grove 56. Oak Park Heights 57. Oakdale 58. Orono 59. Osseo 60. Plymouth 61. Prior Lake 62. Ramsey 63. Richfield 64. Robbinsdale 65. Rosemount 66. St. Anthony Village 67. St. Francis 68. St. Louis Park 69. St. Michael* 70. St. Paul 71. St. Paul Park 72. Savage 73. Shakopee 74. Shoreview 75. Shorewood 76. South St. Paul 77. Spring Park 78. Sunfish Lake 79. Three Rivers Park Dist.* '80. Victoria 81. Waconia 82. Wayzata 83. West St. Paul 84. White Bear Lake 85. Woodbury 86. Woodland *= Affiliated Members Updated: 1/15/08 ETRO CITIES Association of Metropolitan Municipalities Association of Municipalities Metro Cities Legislative Policy Committees The following committees annually develop policy based on input from member city representatives. The committees submit their policy recommendations to the Board for review, modification and distribution to the general membership. The membership meets in November before each legislative session to debate and adopt the Metro Cities' policies. Metropolitan Agencies Considers legislative issues and other policies related to the Met Council and metro agencies. It monitors the structure and relationship between the regional and local units of government and reviews amendments to the Metro Development Guide Policy Chapters. It has previously developed policy on land use planning, solid waste management and the Met Council selection process. It reviews the council's yearly budget and this year will monitor the policies and plans being developed to implement the Growth Management plan. Municipal Revenues Considers any matter concerning city revenues, property taxes and city expenditures, including state aid formulas and dollars, levy limits, property tax assessments and fiscal disparities. Housing & Economic Development Considers all issues related to economic development and housing, including affordable housing and activities of the metro HRA (Housing and Redevelopment Authority). It also reviews all amendments to the Met Council's Housing Guide Policy Chapter and develops policy dealing with economic development issues, HRAs, TIF (Tax Increment Financing) and development authorities. Transportation & General Government Considers all major issues related to air and surface transportation, including funding sources at all government levels, and issues which have impact on metropolitan area cities outside the scope of other Metro Cities committees. Metro Cities' members of the Transportation Advisory Board (TAB) and Technical Advisory Committee (TAC) are encouraged to join, along with other city officials. This committee has developed policy on issues such as municipal consolidation, pensions, PELRA, comparable worth, data privacy, contractor licensing and local control/authority. -v::'i1 145 University Ave W., St. Paul, MN 55103-2044 (651) 2'15-4000 Fax: (651) 281-1299 www.amm145.org METRO CITIES Association of Metropollfan Municipalities Name: Title: City: (Street Address or P.O. Box) 2008 LEGISLATIVE POLiCY C ,MMITTEE SIB. N-UP FORM (ZIP code) (Daytime Phone, please list type of phone e.g. city, home, cell) (E-mail) (fax) Committee Choices: Transportation & General Govt. (Mondays) July 14th 2:00-4:00 pm July 28th 11:30-1:30 pm Aug. 18th 11:30-1:30 pm Sept. 8th 2:00-4:00 pm Municipal Revenue and Taxation (Tuesdays) July 15th 11:30-1:30 pm July 29th 11:30-1:30 pm Aug. 19th 11:30-1:30 pm Sept. 9th 2:00-4:00 pm Metropolitan Agencies (Wednesdays) July 16th 11:30-1:30 pm July 30th 11:30-1:30 pm Aug. 20th 11:30-1:30 pm Sept. 10th 2:00-4:00 pm Housing & Economic Develop. (Fridays) July 18th 11:30-1:3.0 pm Aug. 1st 11:30-1:30 pm Aug. 22nd 11:30-1:30 pm Sept. 12th 11:30-1:30 pm Issues which should be studied: Please mail or fax completed form to: ATTN: Laurie Jennings, Metro Cities 145 University Avenue West, St. Paul, MN 55103-2044 Fax: 651-281-1299 ♦ Phone: 651-215-4000 L\s\policycommittees2008\sign up form-2008 Stillwater Fire Department Memo To: Mayor Harycki and Council From: Stuart W. Glaser, Fire Chief Date: June 26, 2008 Re: Fire Station Site Discussion Background: The need to identify a suitable site to re- locate and build a new centrally located single fire station deployment option has been discussed for several years. As the City continues to grow to the west it has become increasingly apparent a more centrally located fire station is required to serve the population of Stillwater. In 2005 the Council approved a Fire Service Delivery Study which was conducted by Emergency Services Consulting, Inc. (ESCi). This study identified a potential single fire station deployment model utilizing the City owned property at the old dump site on West Myrtle Street. This site was reviewed and was found to have the potential for considerable costs involved to clean up the site due to the potential for contamination. Based on this information, Council has requested that other sites be considered. ESCi also provided the City with a two station deployment option which would consist of building a new station on the West side of the City and keeping the current station location. Council has indicated they are not interested in a two station deployment model due to the increased operating costs involved and the staffing required with operating from two stations. At the March 24 Council Meeting I was directed to investigate altemative sites for the construction of a new fire station. The site needs to be able to support a single station deployment and centrally located to provide acceptable service to the entire City of Stillwater. Per the Fire Service Delivery Study the site should be at least three to three and one half acres in size capable of supporting a 16,500 square foot facility. Utilizing the assistance of the University of Wisconsin — River Falls advanced GIS class, several potential property sites were modeled for drive time analysis. In addition, data was compiled identifying the number of structures protected and total estimated market value of properties protected based on response time. Ideally the goal is to provide the most consistent, quickest drive time to the most properties from a single fire station location within the City of Stillwater. The analysis included the following properties: 1. Staples Field (not mapped) This site is located at Wilkins Street and North Martha Street. Currently the site is a small park area located within an established Stillwater neighborhood. This site is not suitable for several reasons. First, the site is too small. The property needs for a single station deployment is a minimum of 3 to 3.5 acres. In addition, the site is not centrally located and response times to the south and west side of the city is excessive. 1 2. City Parking Lot Area near Owens and Mckusick Road (not mapped) This site is publicly owned property directly across from Gannon's Auto Body and the Harbor Bar. Currently this site is used as a public parking lot for access to the City trail system along McKusick Lake. This site is not suitable for several reasons. First, the site is too small and will not support a 3 to 3.5 acre parcel of land. In addition, the site does not provide for easy road access to the rest of the city and is located at the bottom of Owens Street hill making for unsafe access to the roadway. 3. Brick and Myrtle Street (not mapped) This site is located at the southwest comer of Brick and Myrtle Street. This site is not suitable for several reasons. First, the site is too small and will not support a 3 to 3.5 acre parcel of land. In addition, the majority of the site is wetland and may not be buildable without significant remediation and special approvals. 4. Dome Site Facility This site is publicly owned property next to Brine's Meat Market in the commercial business district. Currently this site is being utilized as a skateboard park. This site is not suitable for several reasons. First, the site is located in the southem most area of the fire department's response district which would compromise response times to the majority of the city. Response times would increase significantly and average from six (6) to nine (9) minutes. This is worse than from our current location. In addition, road access to the rest of the city is not ideal for response from this location. 5. Northland Avenue to Deerr ath Site Facility Corridor The most suitable area to build a new fire station based on the GIS modeling appears to be along the Myrtle Street corridor between Deerpath and Northland Avenue. Building a facility within this general area appears to provide the best overall single station coverage for the entire City. This analysis is consistent with the 2005 Fire Service Delivery Study. Locating in this corridor provides: 1. Good road access east and west and allows for quick access to north south arterial streets. 2. Potential available property: a. Jaycee /Dump Site (public property) b. Northland Park Area (public property) c. Private property purchase potential 3. Acceptable drive response times throughout the entire City of Stillwater. Majority of structures within six (6) minute drive time from these locations. 4. Parcel sizes large enough to support a 3 to 3.5 acre site for the facility. Recommendation: Council direction on how to proceed with this project. Enclosures: Drive Time Analysis Maps Structure Protection Data • Page 2 1 Analysis of Service Area from Jaycee Facility Prepared for Geog 460 David Blatz, Kelsey Swanson, Douglas D'Jock May 2008 Source: Washington County. City of Stillwater. The Lawrence Mapping Group Foamy Service Area ToCumul_time 0 -1 minutes - 1 -2 minutes 2 -3 minutes 3 -4 minutes 4 -5 minutes 5 6 minutes 6 -7 minutes 7 8 minutes - 8 -9 minutes 0 0.5 1 2 Miles orki Analysis of Service Area from Existing Facility in „�.- '1111111111. 11 11111 111 11111 ,-rte 1111.mir ► / , Prepared for Geog 460 David Blatz, Kelsey Swanson, Douglas D'Jock May 2008 Source, Washington County, City of Stillwater, The Lawrence Mapping Group Facility Service area Cumulative time - 0 -1 minutes 1 -2 minutes 2 3 minutes 3 -4 minutes 4 -5 minutes 5 -6 minutes 6 7 minutes - 7 -8 minutes 8 -9 minutes 0 0.5 1 2 Miles okk Analysis of Service Area from Dome Facility Prepared for Geog 460 David Blatz, Kelsey Swanson, Douglas D'Jock May 2008 Source Washington County, City of Stillwater. The Lawrence Mapping Group Facility Service Area Cumulative Time 0-1 minutes 1 -2 minutes ® 2 -3 minutes m 3 4 minutes 4 5 minutes 5 -6 minutes 6 -7 minutes 7 -8 minutes 8 -9 minutes 0 0.5 1 2 Miles Analysis of Service Area from Northland Facility Prepared for Geog 460 David Blatz. Kelsey Swanson. Douglas D'Jock May 2008 Source: Washington County, City of Stillwater, The Lawrence Mapping Group Facility Service Area Cumulative Time 0 -1 minutes - 1 -2 minutes 2 3 minutes 3 -4 minutes 4 -5 minutes 5-6 minutes 6-7 minutes ® 7 -8 minutes 8-9 minutes 0 0.5 1 2 Miles Structures by Drive Time - City of Stillwater Existing Facility Jaycee Facility Northland Facility Drive Time Number of Structures 0 - 6 Minutes 6,096 6 - 9 Minutes 758 9 + Minutes 4 Total 6,858 0 - 6 Minutes 6,814 6 - 9 Minutes 40 9 + Minutes 4 Total 6,858 0 -6 Minutes 6,726 6 - 9 Minutes 126 9 + Minutes 6 Total 6,858 Estimated Total Market Value of Properties Protected Within 8 Minute Plus From Existing Facility $185,518,600.00 From Proposed Facility $5,748,800.00 t Tx[ ullrx►111cE OF MI CITY OF STILLWATER CITY COUNCIL MEETING JUNE 17, 2008 REGULAR MEETING Mayor Harycki called the meeting to order at 7 p.m. Present: Councilmembers Milbrandt, Polehna and Mayor Harycki Absent: Councilmembers Gag and Nyberg Staff present: City Administrator Hansen Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders Administrative Secretary Moore PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to approve the June 3, 2008, regular and recessed meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Possible approval of Bond Sale — Dee Dee Kahring, Springsted Ms. Kahring stated bids had been accepted on behalf of the City for $5.34 million General Obligation Tax Increment bonds. She explained the bonds were structured around the TIF revenues, and the Moody's rating of AA3 was reaffirmed. She said the recommended bid is to Stifel, Nicolaus & Co., Inc. with the low bid of a true interest rate cost of 4.22, compared with the recommendations of Springsted about a month ago of 4.201. She noted there were four bidders, with the high bid at 4.563. City Administrator Hansen noted the market has been fairly volatile and to come within 1 basis point of the estimated rate is pretty good in today's market. 1 City Council Meeting June 17, 2008 Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2008 -82, resolution accepting proposal on the competitive negotiated sale of $5,345,000 General Obligation Tax Increment Bonds, Series 2008B, and Pledging Tax Increments for the Payment thereof. Ayes: Councilmembers Milbrandt, Polehna and Mayor Harycki Nays: None OPEN FORUM There were no public comments. STAFF REPORTS Police Chief Gannaway asked the Council to consider approval of the purchase of a Polaris Ranger utility vehicle for use by the Police Department and for parking enforcement. He noted this was inadvertently included in the Consent Agenda. He stated the vehicle is basically an ATV with two seats and a cargo bed; he said it is more maneuverable downtown during heavy traffic times and gets about 30 miles per gallon. He noted the vehicle can be used for parking enforcement for about seven months of the year; he stated currently, the City borrows such a vehicle from a local vendor for use during Lumberjack Days. He said the Downtown Parking Commission supports the proposed purchase. He said five bids were received, with the low bid of $9,930 for a 2008 Polaris Ranger submitted by 61 Marine and Sports. He said the Parking Fund has money available to pay for the purchase. It was decided to leave this item on the Consent Agenda. Public Works Director Sanders reported that work on the Manning Avenue project would begin June 18. It was noted that information about the project is available on the Washington County web site, with a link to the site on the City web site. CONSENT AGENDA Mayor Harycki noted that item No. 3 in the Consent Agenda should be removed as the liquor license is covered by the caterer's license. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt, to approve the Consent Agenda. Ayes: Councilmembers Milbrandt, Polehna and Mayor Harycki Nays: None Resolution 2008 -80, directing payment of bills Possible approval of temporary liquor license — Ascension Episcopal Church — Sept. 27, 2008 Page 2 of 6 City Council Meeting June 17, 2008 July 1, 2008 Possible approval to purchase a water boiler for the Recreation Center Resolution 2008-81, approval of maintenance agreement with Loffler for City copiers Possible approval to purchase play structure for Sunrise Park Possible approval to purchase & replace chain Zink fence and top rail at Lily Lake ball field Possible approval of temporary liquor license — Lumberjack Days Festival Assoc. — July 24 -27, 2008 Possible approval of purchase of Polaris Ranger Utility Vehicle for Police Department PUBLIC HEARINGS No public hearings. UNFINISHED BUSINESS Possible acceptance of bids and awarding contract for 2008 Sealcoat Project Public Works Director Sanders stated bids were opened June 12 for this year's sealcoat project. He noted two bids were received, with the low bid of $339,495 submitted by Allied Blacktop Co. He pointed out that other communities join in the City's bid, with the City's portion of the bid $150,130. Only $125,000 was budgeted, so it is being recommended that about 1 mile of streets be removed from the project in order to stay within budget. On a question by Councilmember Milbrandt, Mr. Sanders said staff could inform residents in the project area whose streets will be deleted from the project. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to adopt Resolution 2008 -83 accepting bid and awarding contract for 2008 Street Sealcoat Project (Project 2008 -06). Ayes: Councilmembers Milbrandt, Polehna and Mayor Harycki Nays: None NEW BUSINESS Possible agreement for temporary use of Youth Services Bureau, 1825 Curve Best — Paul Weiler Mayor Harycki noted this item is being removed from the agenda as the request is being taken to the Planning Commission. Discussion on Coffee Shop Equipment — Library City Administrator Hansen stated the coffee shop at the Library shut down about a week ago, and the Library Board is interested in purchasing the equipment. On a question by Page 3 of 6 City Council Meeting June 17, 2008 Councilmember Milbrandt, Mr. Hansen said he did not have any idea of the possible cost. It was decided to put this item on the next agenda and have a member of the Library Board present for the discussion. Possible award of contract for mowing and clean up services for nuisance properties Community Development Director Turnblad explained that partly in response to some of the problems with mortgage foreclosures the City is experiencing, the Council authorized staff to go to bid for mowing and cleanup services. He said contractors were allowed to bid on one of the requested services or all three services. He explained that Outdoor Specialists was low bidder for mowing and cleanup services, with A -1 Maintenance the low bidder for securing of property. Councilmember Milbrandt reaffirmed that if services are required, the cost goes against the property in question for future collection. It was noted the contract is for one year only to provide time to evaluate how well the program works. City Administrator Hansen noted that there are a couple of minor word changes that will be needed for the contracts, other than that, the contracts have been reviewed by the City Attorney. Mayor Harycki pointed out that staff has yet to address the point of contact issue. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to adopt Resolution 2008 -84, accepting bid and authorizing contract for the 2008 -2009 annual contract for mowing and clean up services, with staff to clear up the scrivener issues in the contract language. Ayes: Councilmembers Milbrandt, Polehna and Mayor Harycki Nays: None Case No. 08 -28 — Discussion of concept master plan for Lakeview Hospital campus Community Development Director Turnblad noted that the Lakeview Hospital Board has been looking at options for future growth, whether to remain at the current site in Stillwater or relocate to another site. He stated the hospital board has decided they would like to remain at the current site, even though the site is limited and presents challenges. He stated the hospital has retained BWBR Architects to develop a staged growth plan to regenerate the hospital at the current site. He stated after discussion of the concept plan, discussed by the Planning Commission at its June 9 meeting and tonight's discussion by the Council, a finalized master plan /special use permit application will be submitted to the City. He pointed out the intent is to also hold a neighborhood meeting prior to submission of the final plan /permit application. Pete Smith and Shannon Banberry of BWBR Architects and Jeff Robertson, CEO of Lakeview Health, were present to review the concept plan, which includes expansion that would occur in four phases, and answer questions. Phase 1 expansion would be a horizontal expansion of two levels on Everett Street, with Phase 2 a vertical expansion of the phase 1 building. It was noted that phases 1 and 2 are anticipated to be completed in the near -term future — 12 -15 years. Phase 3 would essentially replace the Page 4 of 6 City Council Meeting June 17, 2008 existing Greeley Street clinic building, with the program component of this phase yet to be determined; this expansion is expected to occur in the mid -term future — after 12 -15 years. Phase 4, a horizontal expansion of two levels would be located directly north of the existing hospital and west of the existing clinic building. Mayor Harycki asked about the future main entrance to the hospital; it was noted the main entrance likely will remain in approximately its current location, with the same access point but that is subject to resident comment and input. Mayor Harycki stated he was pleased that the hospital would like to stay with its current site as it is a great asset to the community. Mr. Turnblad explained the SUP process. He noted that there will be enough information about phases 1 and 2 to provide details about landscaping, parking analysis, traffic circulation, facade details, etc., as opposed to phases 3 and 4, where the process might be to give concept approval. Mayor Harycki asked if giving concept approval would provide the hospital with enough certainty to expend millions of dollars on the first two phases; Mr. Turnblad explained that it would provide the hospital with assurance that in concept form, the footprint and potential impact seem to be acceptable but more detail is required. Mr. Turnblad noted there has been some discussion about giving a special use permit for all four phase; the problem with that, he said, is that the up -front cost of generating that kind of design detail this far in advance is very large. What is more likely, Mr. Turnblad said is approval of the special use permit for the first two phases and conceptual approval of the final two phases. Councilmember Milbrandt noted that if conceptual approval is granted to the final two phases, it will mean going back to the public hearing process to revisit those phases prior to issuance of the special use permit. Councilmember Milbrandt said he was skeptical of the traffic capacity of the residential streets going from a facility of 180,000 square feet to a proposed addition of 460,000 square feet; he said he would need a lot of information to be convinced that this would not adversely affect the neighborhood, while acknowledging that the hospital is a tremendous asset to the community. Mayor Harycki noted there are options for mitigating traffic impact. In response to Councilmember Milbrandt's comments about the size of the additions, it was noted that parts of the existing hospital will come down and the net increase will not result in doubling or tripling the size of the hospital, the net effect 25 years down the road is that the hospital will be much the same size as it is today, just reconfigured and modernized, Mr. Robertson stated. Possible approval of feasibility report for the 2008 Sidewalk Rehabilitation Project Public Works Director Sanders told the Council $50,000 is budgeted for this year's sidewalk rehabilitation project; this year the project will focus on sidewalks in the North Hill area, north of Myrtle, east of Owens, and in the downtown area. He said it is anticipated that 63 properties can be done this year, about 46,000 square feet, which would put the cost at $49,352, 50 percent of which would be assessed at a rate of $5.30 a square foot. He said some work around City parks would be included in the project, about $5,000 worth of repair. He said if the feasibility report is approved, a public hearing would be scheduled for July1, with construction in August and September. Mayor Harycki asked if the City is beginning to catch up with the sidewalk repairs; Mr. Page 5 of 6 City Council Meeting June 17, 2008 Sanders responded in the affirmative and suggested that perhaps next year, the project could be downsized. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to adopt Resolution 2008 -85, resolution receiving report and calling hearing on 2008 Sidewalk Rehabilitation Project (Project 2008 -05). Ayes: Councilmembers Milbrandt, Polehna and Mayor Harycki Nays: None COUNCIL REQUEST ITEMS Councilmember Polehna asked about the possibility of an intern doing a tree inventory. Public Works Director Sanders stated he had contacted the University of Minnesota and he is still trying to determine whether the University has a program where an intern or graduate student might be available to do that for the City. Councilmember Polehna also noted that Stillwater has been chosen as the site for the Minnesota sesquicentennial celebration 4th of July fireworks display. He said a number of special events are planned, including music. He said the final song will be the 1812 Overture, with the firing of cannons in conjunction with the fireworks display. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Milbrandt, to adjourn at 7:52 p.m. All in favor. Ken Harycki, Mayor Attest: Larry D. Hansen, Acting City Clerk Resolution 2008 -80, directing payment of bills Resolution 2008 -81, approval of maintenance agreement with Loffler for City copiers Resolution 2008 -82, resolution accepting proposal on the competitive negotiated sale of $5,345,000 General Obligation Tax Increment Bonds, Series 2008B, and Pledging Tax Increments for the Payment thereof Resolution 2008 -83 accepting bid and awarding contract for 2008 Street Sealcoat Project (Project 2008 -06) Resolution 2008 -84, accepting bid and authorizing contract for the 2008 -2009 annual contract for mowing and clean up services, with staff to clear up the scrivener issues in the contract language. Resolution 2008 -85, resolution receiving report and calling hearing on 2008 Sidewalk Rehabilitation Project (Project 2008 -05) Page 6 of 6 LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2008 -86 Accurate Radar Specialties Action Rental, Inc. American Payment Centers Aspen Mills B J Haines Tree Service BCA BTS Braun Pump & Controls Carquest Auto Parts Cartridge World CDW Government, Inc. Century Power Equipment Chemsearch Clark, Luann Coca -Cola Bottling Company Comcast Community Volunteer Service Cottage Grove Crime Prevention Board Creative Product Sourcing, Inc. - DARE Cub Foods Custom Remodelers Denny Hecker Auto Connection Disaster Management Systems Emergency Automotive Technologies, Inc. Emergency Medical Products, In Fire Safety U.S.A. Galles Corporation Gannaway, John GFOA Handy Hitch & Welding Co. Inc. Hardwood Creek Lumber Inc. Harris Service Hawk Labeling Systems Hedberg Aggregates Helmets R Us Inc Heritage Embroidery & Design Heroux, Brianne Ice Skating Institute Iceman Industries, Inc. J.H. Larson Electric Johnson Controls Kroll, Katie L.T.G.Power Laxton, Kristin Calibration Liquid Propane Payment Box Service (Cub) Uniform Shirts & Patches Tree trimming & Removal Intoxilyzer 5000 Recertification Class Greeley St Lift Station Pump Repair Equipment Repair Supplies Replacement Toner Verbatim DVD -R 50PK Equipment Repair Supplies Janitorial Chemicals Cleaning At City HaII /Public Works Soda for Concessions Cable July 2008 Allocation Bike Class Training Insulated Lunch /Cooler Bag Party /Food Supplies Refund 80% of Permit Fee Vehicle Repair Charges Fire Department Equipment Vehicle Repairs & Set Up Of New Police Vehicle Medical Supplies Polo Uniform Shirts Janitorial Supplies Reimburse for Meals for a Meeting Topics in Performance Measurement Equalizer Lath Equipment Repair Supplies Labels Red Cedar Mulch Bicycle Helmets Polo Uniform Shirts /Parking Attendants AFLAC Refund Badges for Learn to Skate Liquid Dust Control Parking Lot Lights Air Conditioner Service Park Deposit Refund Equipment Repair Supplies Park Deposit Refund 470.00 333.34 81.00 1,816.73 2,369.63 50.00 5,808.64 675.80 53.24 41.19 83.13 617.72 1,057.50 387.51 136.66 4,062.50 300.00 13.50 155.16 66.60 822.55 1,118.40 7,531.04 244.40 1,540.00 409.45 70.26 475.00 552.68 300.87 223.95 55.62 1,065.00 184.75 193.92 45.68 482.50 1,094.15 31.97 179.00 100.00 216.66 100.00 EXHIBIT " A" TO RESOLUTION #2008 -86 Magnuson Law Firm Menards Middle St Croix Watershed WMO Miller Excavating, Inc. MINNCOR Industries MN Chief of Police Association MSP Communications NELCOM Wireless Comm. Office Depot OnSite Sanitation Peterson, Austin Polfus Implement Professional Wireless Communications Reed's Sales & Service Riedell Shoes, Inc. Royal Enterprises America Sani- Masters, Inc. Short Elliott Hendrickson Sirchie Finger Print Lab, Inc. St. Paul Harley- Davidson, Inc. Stillwater Equipment Co Stillwater Towing Streicher's Stripe A Lot Sun Newspapers T.A. Schifsky & Sons, Inc. Telemetry and Process Controls Tru Green Limited Partnership USAble Life Watson Company, Inc. The WET Technology, Inc. Yocum Oil Company Page 2 Professional Services through June 20, 2008 Equipment Repair Supplies Second Half 2008 Contribution Dump Site Cleanup /Storm Pond Maintenance Office Furniture Permits to Acquire Placement of Parking Ad Emergency Siren Repairs Office Supplies Portable Restroom Rental Uniform Shirts Fertilizer Spreader 2 Way Radio, & Quarterly Antenna Charges 2 Commercial Push Mowers Skates for Resale Inlet Protection Replacement Bags Coat Sandstone Flag Base Engineering Services Phenolphthalein Blood Test Belt Rental fee Siren Switchbox for a Fire Truck Vehicle Towing Uniform Boots Striping Crosswalks, Arrows Publications Asphalt Replace Circuit Breaker in Echo Lane Lift Station Fertilizer & Broad Leaf Control Term Life Insurance Concessions Supplies Chemicals for Cooling Tower Fuel 8,348.33 261.93 15,433.55 9,465.00 4,333.38 31.63 795.00 497.03 1,391.76 1,041.52 36.00 420.00 2,047.17 1,132.63 1,003.85 905.25 35.00 785.37 56.41 825.00 410.40 1,256.97 448.69 9,500.00 108.34 2,483.46 599.27 883.96 478.32 176.36 582.56 15,009.45 STAFF REQUEST ITEM Department Fire Date: June 25, 2008 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request to purchase multi -use rescue tool combination package for vehicle stabilization, extrication, confined space, elevator rescue, and collapse shoring purposes. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) The Department has funding to purchase this piece of equipment through the Friends of Fire Account from donations received supporting the Fire Department. RES- Q-Jack RJ3 4 -point combo package $ 2,870.00 RJ3 Round point/angle/chain grab combo $ 178.89 RJ3 Beam plate $ 171.39 Shipping $ 289.70 Total Cost $ 3,509.98 ADDITIONAL INFORMATION ATTACHED Yes' X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Stuart W. Glaser, Fire Chief Date: June 25, 2008 Date: 6/23/2008 TO: Stillwater Fire Dept. ATTN: John Buckley Quantity Part/Model Number Description Unit Price Total .Price 1 RJ3- 2AS2JS RES -Q -JACK RJ3 4 -POINT COMBO PKG: (2) ADJUSTABLE STANDS & (2) JACKING STANDS $2,870.00 $2,870.00 1 SHIPPING SHIPPING ON ABOVE PACKAGE $289.70 $289.70 • 1 RJ3- ARGEND RJ3 ROUND PT. /ANGLE /CHAIN GRAB COMBO $178.89 $178.89 1 RJ3- LPLATE RJ3 BEAM PLATE $171.39 $171.39 Above quote good for 60 Days Above price does not include freight * *RES- Q-JACK 4 -POINT COMBO PACKAGE COMES STANDARD WITH FOUR RJ3- CRGEND END FITTINGS ** P.O. Box 109 13148 269th Ave. Zimmerman, MN 55398 612 - 221 -7621 — office 763 -856 -8483 — fax www.midwestfirerescue.com Memorandum To: Mayor and City Council From: Diane Ward, City Clerk Date: 06/27/2008 Subject: Liquor License Name Change — Oak Glen A revised application for a name change has been received from Oak Glen LLC, DBA: Oak Glen. The corporation name will not change, but the name will be changed to The Grotto. Approval should be contingent upon final approval of Minnesota Liquor Control. ACTION REQUIRED: If approved, Council should adopt a resolution - APPROVING NAME CHANGE FROM OAK GLEN LIMITED PARTNERSHIP, DBA: OAK GLEN COUNTRY CLUB TO OAK GLEN LLC, DBA: OAK GLEN COUNTRY CLUB RESOLUTION 2008 -87 APPROVING NAME CHANGE FROM OAK GLEN LIMITED PARTNERSHIP, DBA: OAK GLEN COUNTRY CLUB TO OAK GLEN LLC, DBA: OAK GLEN COUNTRY CLUB WHEREAS, a revised application for a name change has been received from approving name change from Oak Glen Limited Partnership, DBA: Oak Glen Country Club to Oak Glen LLC, DBA: Oak Glen Country Club; and WHEREAS, all required forms have been submitted. NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the name change conditioned upon Minnesota Liquor Control. Adopted by Council this 1st day of July, 2008. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Memorandum To: Mayor and City Council From: Diane Ward, City Clerk Date: 06/27/2008 Subject: TRANSFER OF ON SALE & SUNDAY LIQUOR LICENSE The applicant, Jeremy Scheffert as submitted an application for the transfer of the on -sale and Sunday liquor license from Stillwater Restaurants, DBA: St. Croix Crab House to St. Croix Seafood Company, LLC, DBA: St. Croix Seafood Company. Approval should be contingent upon successful leasing of the property, filing all required documentation and final approval by Police, Fire, Inspection, and Finance Departments and Minnesota Liquor Control. ACTION REQUIRED: If Council approves, they should pass a motion to adopt a resolution, APPROVING TRANSFER OF OWNERSHIP OF THE ON SALE & SUNDAY LIQUOR LICENSE FROM STILLWATER RESTAURANTS, DBA: ST. CROIX CRAB HOUSE TO ST. CROIX SEAFOOD COMPANY, LLC, DBA: ST. CROIX SEAFOOD COMPANY APPROVING TRANSFER OF OWNERSHIP OF THE ON SALE & SUNDAY LIQUOR LICENSE FROM STILLWATER RESTAURANTS, DBA: ST. CROIX CRAB HOUSE TO ST. CROIX SEAFOOD COMPANY, LLC, DBA: ST. CROIX SEAFOOD COMPANY WHEREAS, Jeremy Scheffert as submitted an application for the transfer of the on- sale and Sunday liquor license from Stillwater Restaurants, DBA: St. Croix Crab House to St. Croix Seafood Company, LLC, DBA: St. Croix Seafood Company. NOW THEREFORE, BE IF RESOLVED, that the City Council of Stillwater, Minnesota, hereby approves the transfer of the on -sale and Sunday liquor license conditioned upon filing all required documentation, approval by Police, Fire, Inspection Departments, and Minnesota Liquor Control. Adopted by Council this 1st day of July, 2008 Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk MEMORANDUM To: Mayor and City Council From: Torry Kraftson, Assistant City Engineer Date: June 25, 2008 Re: 2008 Sidewalk Rehabilitation Project Project 2008 -05 DISCUSSION The public hearing for the 2008 Sidewalk Rehabilitation Project is scheduled for July 1st, 2008 at 7:00 pm. Attached are copies of the feasibility report memo and the public hearing notice sent to the affected property owners. RECOMMENDATION It is recommended that Council hold the required public hearing and if Council desires, pass a resolution ordering the improvement and directing the engineer to prepare plans and specifications. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting RESOLUTION 2008- ORDERING IMPROVEMENTS AND PLANS & SPECIFICATIONS FOR THE 2008 SIDEWALK REHABILITATION PROJECT 2008 -05 ORDERING IMPROVEMENT AND PREPARATION OF PLANS & SPECIFICATIONS FOR THE 2008 SIDEWALK REHABILITATION PROJECT (PROJECT 2008 -05) WHEREAS, a resolution of the City Council adopted on June 17, 2008 fixed a date for a council hearing on the proposed 2008 Sidewalk Rehabilitation project; and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 1st day of July 2008, at which time all persons desiring to be heard were given an opportunity to be heard thereon; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. Such improvement is necessary, cost - effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 1st day of July 2008. 3. City of Stillwater Engineering Department is hereby designated as the engineer for this improvement. They shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 1st day of July 2008. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk MEMORANDUM TO: Mayor and City Council FROM: Torry Kraftson, Assistant City Engineer TR X DATE: June 12, 2008 SUBJECT: Feasibility Report for 2008 Sidewalk Rehabilitation Project (Project 2008 -05) DISCUSSION A sidewalk rehabilitation project is proposed for the 2008 construction season. The criteria for inclusion in the project is sidewalks that are severely cracked, heaved, settled, or misaligned, such that they may cause people to trip. Inspection for this year has focused on the north hill and downtown (see attached map), There are 63 properties with sidewalk repair proposed. The proposed sidewalk repair area is approximately 4,650 square feet. The estimated construction cost of the project including removal, replacement, and restoration is $39,482. The total project cost with engineering, inspection and administration is $49,352. It is proposed to assess 50% or $24,676 to the affected property owners. This amounts to an assessment rate of $5.30 per square foot (compared to $3.55 per square foot for the 2007 sidewalk project). The remaining share would be paid for by the City. Property owners would have up until the time construction starts to replace the sidewalk on their own or else they would be included in the project and assessed for their portion of the project cost. There is $5,000 in the budget for sidewalk rehabilitation adjacent to City property. This project includes 380 square feet of sidewalk repair at 7 locations adjacent to City property at an estimated cost of $4,919. If the feasibility report were approved at the June 17th Council Meeting, the timeline for the project would be as follows: Public Hearing July 1, 2008 Award Contract August 5, 2008 Construction AugustlSeptember Assessment Hearing September /October RECOMMENDATION Since the project is feasible from and engineering standpoint and the project is cost effective, it is recommended that Council accept the feasibility report for the 2008 Sidewalk Rehabilitation Project and order a public hearing to be held on July 1, 2008. ACTION REQIRED If council concurs with the recommendation, they should pass a motion adopting RESOLUTION NO. 2008 - RECEIVING REPORT AND CALLING HEARING ON 2008 SIDEWALK REHABILITATION PROJECT (PROJECT 2008 -05). Sidewalk Pavers Ped 102 2nd St N 9 3.5 31.5 301 2nd St N 9.5 4.5 42.75 8 1 8 1005 2nd St N 2.5 5 12.5 1124 2nd St N 4 5.5 22 1206 2nd St N 4 4 16 1302 2nd St N 24 4 96 1310 2nd St N 5 4 20 308 3rd St N 14 6 84 415 3rd St N 33 6 198 402 4th St N 5 4 20 420 4th St N 3.5. 4 14 626 4th St N 10 4 40 703 4th St N 20 6 120 709 4th St N 55 6 330 713 4th St N 78 6 468 1121 4th St N 12 5 60 108 5th St. S. 11 5.5 40.5 222 Cherry 54 6 324 451 Everett 2.4 6 14.4 515 Everett 10 4 40 810 Everett 17 6 102 106 Greeley 8 3.8 30.4 1401 Cottage Drive 29 5 145 117 Greeley 24 6 144 104 Greeley St. S. 11.5 7.5 86.25 104 Greeley St. S. 12 5 60 102 Harriet 7 4.5 31.5 233 Harriet 10 5 50 302 Hickory 9 6 54 406 Hickory 20 5 100 422 Hickory 15 4 60 615 Hickory 14 5 70 221 Laurel 22.5 6 135 115 Linden 10 4.5 45 120 Linden 13 5.4 70.2 704 Linden 19.5 6 117 270 Main 4 3.5 14 410 Main 10 4 40 221 Main N 0 13 1 13 350 Main St 5 4 20 101 Main St N 2.8 6.5 18.2 319 Main St N 3 6 18 319 Main St N 0 5 2 10 326 Main St S 2.8 5.6 15.68 326 Main St S 9.6 4.7 45.12 423 Main St S 6.2 4 24.8 315 Maple 29 5 145 238 Martha 10 5.5 55 702 Martha 35 4 140 406 Mulberry 7 5 35 422 Mulberry 13 5 65 507 Mulberry 5 5 25 413 Nelson 3.5 5 17.5 107 Owens 7 4 28 119 Owens 6.5 4 26 416 Owens 4.7 4 18.8 813 Owens 4 4 16 905 Owens 9 5 45 917 Owens 8 4 32 918 Owens 4 4 16 927 Owens 9 4 36 1001 Owens 10 4 40 1119 Owens 9 4 36 409 Wilkins 36 6 216 505 Wilkins 12 5 60 tty, L� North 2.2 3 6.6 Ctty� =S. Brick Alley 4.3 1.7 7.31 2 10 20 ci J S. Mulberry 5 5 25 Parks Building 8.5 7 59.5 Ci p Churchill /Greeley 8 3 24 1 Wilkins /3rd 29 4 116 M S usick Park (at CBs) 21 4 84 Total I 4864.5 51 1 2008 SIDEWALK REHABILITATION PROJECT DOWNTOWN AND NORTH HILL AREAS VEST SYCAMORE EAST SYCAISRE ST 1316 1310 -.., VEST ST CROIX AVENLE VEST STILLWATER AVE IIEZ Wow," STILLVA VILKINS STREET ® ®ti Ci 81 = 0 810 504 ®® 238 cn n.TO R 1 F�SI� 231 3 °n:Iii ?_ 233 415 6 N7P1213 215 _ F ®�02 rIW�iGti^ mon 2p5�� F�F7'•� fldlPa�YJ > RICE STREET �] 1211 1226 116 � Era -112 11i1F� o figi ` 1 ® � s16 108 �j1 604 104 E VEST .172 s Otto _■iw �• E s:: :: COELLLLG1 [rEenflrr NOTE: PROJECT ALSO INCLUDES SIDEWALK NOT SHOWN AT 1401 COTTAGE DRIVE, WASHINGTON PARK, AND LILY LAKE PARK 300 600 THE BIRTHPLACE IF NINNEESTA SCALE Summary of Proceedings Washington County Board of Commissioners June 24, 2008 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; and Myra Peterson, District 4. Commissioner Dick Stafford, District 5, absent. Board Chair Hegberg presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: - Commissioner Peterson — wished Woodbury Mayor Bill Hargis the best in his upcoming surgery; and indicated that the Association of Metro Cities will meet to make appointments to the Counties Transit Improvement Board's Grant Evaluation and Ranking System Committee at the end of this month; Commissioner Hegberg — reported on the meeting with Metropolitan Council last week in Forest Lake; Commissioner Pulkrabek — Reported on Oakdale's Summerfest held this past weekend. Community Services Approval of the following actions: - Appoint Kristine Jarchow, Cottage Grove, to the Family Homeless Prevention and Assistance Program Citizen Advisory Committee to a first term expiring June 30, 2010; Wayland Campbell, Department of Human Services Director, Child Support Enforcement Division, presented the Board with a Certificate of Achievement for Outstanding Compliance with State and Federal Child Support Regulations. General Administration Approval of the following actions: - Senator Katie Sieben, District 57, updated the Board on efforts for Minnesota to become part of the Midwest Regional Rail which consists of high -speed passenger rail service from St. Paul to Chicago and other destinations in the Midwest; - Minnesota Inter - County Association (MICA) report on actions of the 2008 State Legislature and the impact on MICA county members; - 2008 legislative session wrap up with county's legislative liaison; - Resolution No. 2008 -090, proclamation on the acceptance and placement of the Historic Civil War Era Cannon at the Historic Courthouse; - Dedication ceremony unveiling the cannon will be held on July 4, 2008 at the Historic Courthouse beginning at 10:30 a.m. - July 1, 2008 Board meeting canceled; - Board correspondence was received and placed on file. Information Technology Approval of an agreement with Zix Corporation to provide an email encryption solution. Property Records and Taxpayer Services Approval of the following actions: - Resolution No. 2008 -086, application to conduct excluded bingo by the St. Paul East Park Lions Club; - Resolution No. 2008 -087, repurchase of tax forfeited property by heir of former owner. Public Works Approval of the following actions: Contract with Short Elliott Hendrickson, Inc., construction staking services for reconstruction of CSAH 18 in Lakeland and Lakeland Shores; - Resolution No. 2008 -088, State of Minnesota lease at the Washington County Woodbury Service Center; Resolution No. 2008 -089, Amendment No. 1 to Metropolitan Council grant agreement #SG- 2006-71 for the Transit Center in Forest Lake; - Set public hearing date to consider an amendment to the Washington County Subdivision Ordinance for July 22, 2008. Regional Railroad Authority Approval of the following actions: - June 3, 2008 RRA meeting minutes; - Resolution No. RRA- 2008 -003, Amendment No. 2 to Grant Agreement 85937 with the Minnesota Department of Transportation. Sheriff's Office Approval of the following actions: - Contract with Harris Stratex to supply, install, and commission microwave radio systems for the 800 MHz Radio System; Contract with PSC Alliance, Inc. for consulting services to complete the 800 MHz Radio System; - Amend contract with Vinco, Inc. for construction services for five 800 MHz Radio Sites, to extend the contract to July 31, 2008. 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. 6/27/2008 WASHINGTON COUNTY BOARD OF COMMISSIONERS Preview of Coming Attractions JULY 1 Board Meeting for July 1 Canceled JULY22 Public Hearing — Amendment to the Subdivision Ordinance AUGUST 5 Workshop — Review the Revised Performance Measurement Indicator Report COUNTY BOARD 2009 BUDGET REVIEW August 12 — Introduction of 2009 Budget to County Board The County Board will review major impacts on proposed budget. Property Records and Taxpayer Services present 2009 budget decision points. August 19 — 2009 Budget Department Review The County Board will receive 2009 budget decision points from: Public Works, Library, Internal Services (Financial Services, Human Resources, Information Technology, and Administration), General Operations, and Housing and Redevelopment Authority. August 26 — 2009 Budget Department Review The County Board will receive 2009 budget decision points from: Community Services and Public Health and Environment. September 2 — 2009 Budget Department Review The County Board will receive 2009 budget decision points from: The Criminal Justice group (County Attorney, Community Corrections, and Sheriff) and Court Administration. September 9 — 4:30 p.m. Open House The County Board will hold an open house, followed by the County Board meeting to adopt the preliminary levy. September 16 — Set Truth -in- Taxation Hearing October 7 — Review the Draft CIP for Release for Community Review and Comment October 7 — Workshop with Water Conservation District and Watershed Districts to Review Budgets December 4 — Hold Truth -in- Taxation Meeting December 9 — Adopt the 2009 Budget December 16 — Hold Public Hearing to Review Comments on and to Adopt the Five -year CIP FUTURE Workshop - Review the Land and Water Legacy Operating Policies Comp Plan Updates — Periodically During the Planning Process Workshop — Metropolitan Council's Principal Arterial Study BID OPENINGS August 12 Public Works — North Maintenance Shop, North Wing, Roof Replacement Bid M: \USERS\ADM \PRRADDA \WPWGEN DA \Workshops \Preview.doc