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Home My WebLink About2008-08-12 CC Packet TItE IIITII'LACI O' M""III'" REVISED AGENDA CITY OF STILLWATER CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street August 12,2008 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Update on the safety of storm ponds and catch basins on the North Hill project. STAFF REPORTS 1. Police Chief 2. Fire Chief Lumberjack Days Report 3. City Clerk 4. Community Dev. Director 5. City Engineer/PWD 6. City Attorney 7. Finance Director 8. City Administrator 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES - Possible approval of special and regular meeting minutes of July 15, 2008, and minutes of the special meeting of July 22, 2008. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Gene "Taco" Bealka 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. CONSENT AGENDA* (ROLL CALL) 1. Resolution 2008-95, directing payment of bills 2. Resolution 2008-96, approving election judges and fixing compensation 3. Resolution 2008-97, accepting work and ordering final payment for 2007 Sidewalk Rehabilitation Project (2007-05) 4. Resolution 2008-98, accepting work and ordering final payment for Stillwater Clinic Pond Project (2005-07) 5. Possible approval to purchase high resolution digital camera - Community Development 6. Possible approval to purchase permit and case tracking software - Community Development 7. Possible approval to renew licenses for backup software for the City's servers - MIS 8. Possible approval of Utility Bill Adjustments 9. Possible approval of Fire Prevention Week Sign/Banner placements 10. Possible approval to purchase posts & fence around basketball & tennis courts - Lily Lake Park 11. Possible approval to use Lily Lake Tennis Court for the selling of Christmas Trees - Stillwater Elks 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 application for anew 3.2% On-sale Liquor License for Minnesota Winegrowers Cooperative, DBA: Northern Vineyards located at 223 N. Main Street. Applicant: Robin Partch. Notice was published in the Stillwater Gazette on August 1, 2008. (Resolution - Roll Call). UNFINISHED BUSINESS 1. Emergency Operations Center information NEW BUSINESS 1. Appointing members to the Downtown Sandwich Board Task Force 2. Possible approval of storm sewer improvement at the intersection of Greeley Street and Curve Crest Boulevard (Resolution - Roll Call) 3. Discussion of the Planning Commission motion to allow increased signage in the West Business Park 4. Discussion of the Park Board motion regarding a permit fee for use of City property to film movies or commercials (Resolution - Roll Call) 5. Possible acceptance of bids and awarding of contract for the 2008 Sidewalk Project (Resolution-Roll Call) 6. Stillwater Water Board well house in Legend's Park 7. Possible approval of parking maintenance agreement between the City, SuperValu, Inc. and Veteran's Memorial Committee (Resolution - Roll Call) 8. Stop Sign Control Modifications 9. Possible adoption of resolutions amending Resolutions 2003-230 & 2004-188 relating to Taxable Tax Increment Revenue Note (Territorial Springs LLC Project), Series 2003 & 2004. (Resolutions - Roll Call) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICA TIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. Page 2 of 2 ~,. RESOLUTION 2008-95 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 $761,393.97 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. I Adopted by the Council this 12th day of August, 2008 / ATTEST: Wally Milbrandt, Vice Mayor Diane F. Ward, City Clerk LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2008-95 3D Specialties, Inc. Ace Hardware Advanced Sportswear Ancom Communication, Inc. APWA Archetype Signmakers ASCAP AT&T B J Haines Tree Service Ballis, Tom Big Ink Inc. Board of Water Commissioner Bonestroo Brines Market Carquest Auto Parts Cartridge World CATCO Parts and Service CCIS-Cross Connection COW Government, Inc. Clarey's Safety Equipment Clark, Luann Coca-Cola Bottling Company Cornerstone Land Surveying, Inc Curb Masters, Inc. Dakota Supply Group Dell Marketing L.P. Department of Natural Resources Dustcoating, Inc. Electric Pump Emergency Medical Services Fastenal Company Force America Forestry Suppliers, Inc. Frank Madden & Associates Galles Corporation GFOA Gopher State One Call, Inc. Grainger Graphics Media, LLC Greeder & Mondor Electric Co. Hydrocon Hydrologic IKON Office Solutions International Code Council, Inc Ped Xing Signs Equipment Repair Supplies Uniforms, Hockey Jerseys 2 VHF Pagers MN Chapter Dues & Member Fees Dasher Add Music License Fee Telephone Tree Removal from Meadowlark Park Reimburse for Minor Equipment Dasher Board July 2008 WAC Charges Boutwell Road Wetland Monitoring Lunches for Budget Meeting Equipment Repair Supplies Ink Cartridges Equipment Repair Supplies Test & Reports, Materials, Labor Printer/Back Up License Extinguisher Inspection Cleaning at City Hall/Public Works Soda for Concessions Stillwater Parking Garage/Topography Final Bill for 2007 Sidewalk Rehabilitation Project Light Bulbs Computer Equipment MN Future Resources Fund Decal/LAWCON Chloride for Dustcoating Gravel Roads Safety Hatch & Access Cover for Lift Station Medical Rescue Supplies General Supplies Equipment Repair Supplies General Supplies Arbitration & Administrative Hearings Janitorial Supplies GAAFR Review July 2008 Billable Tickets Equipment Repair Supplies Coated Ink Jet, Inkjet Bond Electrical Repairs Stillwater Clinic Pond Sprinkler Heads at Lily Lake Park Maintenance Agreement Annual Conference Fees 1,029.96 422.67 4,459.10 1,021.34 166.25 103.84 15.83 141.85 3,727.50 425.36 394.06 6,435.00 343.00 65.94 511.92 295.89 222.18 464.92 3,050.15 32.50 1,152.50 645.80 400.00 751.13 2,970.43 53.67 18.17 2,250.00 5,511.38 148.59 395.19 54.21 289.23 6,628.93 373.52 50.00 466.90 193.88 135.27 822.00 5,702.43 396.28 144.93 495.00 EXHIBIT" A" TO RESOLUTION #2008-95 J.H. Larson Electric Jansen Chad Johnson Controls Kirvida Fire, Inc. Kramer Jan L.T.G.Power League of MN Cities Insurance Trust Legislative Associates Linner Electric Co. LSA Design, Inc. Melstrom, Jeff Menards Metro Athletic Supply Metropolitan Council Midwest Fire & Rescue Supply Miller Excavating MN Dept of Labor & Industry MN Historical Society MN Ice Arena Managers MN Office Of Enterprise Technologies MN Recreation & Park Association NAPA Auto Parts NEOPOST Office Depot Oil Air Products, Inc. OnSite Sanitation Pioneer Rim and Wheel Co. Plant Health Associates Polehna, Michael Premier Glow ProAction Uniforms PROBUILD Professional Wireless Communications Pump & Meter Service, Inc. Quill Corporation R & R Specialties, Inc. Red Bud Supply, Inc. Riedell Shoes, Inc. RiverTown Newspaper Group Roeller, Jennifer Roof Tech Sprint PCS St. Croix Boat & Packet Co. St. Joseph Equipment Regulator for Water Heater Tuition Reimbursement Repairs to Air Conditioner Pumper 6108 Repairs Park Deposit Refund Equipment Repair Supplies LMCIT Claim #11058844, 11050186, 11064784 Professional Services Wiring for New Compressor Stillwater Parking Ramp Reimburse for Work Boots Equipment Repair Supplies Volleyball Nets September 2008 Wastewater Charge Res-Q-Jak 2008 Street Project Pfreon/Misc Conference Registration Fall Conference Fees July 2008 Wide Area Network Usage 2008 Emerging Recreation Leaders Course Equipment Repair Supplies Standard Maintenance Office Supplies Equipment Repair Supplies Portable Restroom Rental Equipment Repair Supplies Professional Services through 06/30/08 Reimburse Mileage National Night Out Steel Toe Boot Charge for Move of Water Boiler Guardian Monthly Svc, Cell Antenna, Beacon Labor, Shop Supplies, Fuel Surcharge Supplies Repair Valves for Zamboni White Sandbag Skates for Resale Publications Reimburse for Mileage to User Group Meeting Air Compressor Installation Cell Phone July 2008 Arena Billing Equipment Repair Supplies Page 2 298.71 708.33 1,172.92 1,565.39 100.00 336.27 4,428.46 2,791.67 1,053.20 35,478.94 75.00 284.88 148.89 112,217.71 3,509.98 216,118.96 70.00 270.00 350.00 140.83 590.00 30.87 1,466.51 391.68 80.07 4,751.92 116.75 1,433.50 21.72 293.10 96.60 79.88 212.89 116.72 49.49 1,201. 70 112.65 2,186.14 77.00 56.16 292.87 344.04 36,909.11 521.57 EXHIBIT" A" TO RESOLUTION #2008-95 Stillwater Equipment Co Stillwater Medical Group Stillwater Public Library Foundation Stork Twin City Testing Corporation Sun Newspapers Sweeney Brothers T-Mobile T.A. Schifsky & Sons, Inc. Tessman Seed Co. - St. Paul Tri State Bobcat, Inc. Twin City Seed Company United Refrigeration, Inc. United Rentals University of Minnesota US Bank Valley Trophy Inc. Viking Industrial Center Wally Carlson & Sons, Inc. Washington County Transportation Waste Management Watson Company, Inc. Wenck Wicker, Steve Yocum Oil Company Youth Service Bureau Zack's Inc. Zee Medical Service JULY MANUALS Ancom Communication, Inc. Aspen Mills Ballis, Tom Belle Services Corporation Bonestroo COW Government, Inc. City of Bayport City of St. Paul Clarey's Safety Equipment County Materials Corporation Cub Foods Dell Marketing L.P. Denny Hecker Auto Connection Fury Dodge Chrysler Grafix Shoppe Lights & Sirens for Polaris Ranger Vaccination July 4th Event Funds Professional Services2008 Street Project Summary Financial Report Window for Grader Cell phone Asphalt RIV Razor Pro Equipment Repair Supplies Seed Mixture Reznor Pilot Kit Equipment Repair Supplies Pesticide Applicator Recertification Workshop Acceptance Fees Add Name to Plaque Protective Gloves Diesel Fuel for Gen Set/Rec Center Road Striping 1st Payment of 2008 Garbage Assessment Snacks for Concessions Professional Services July 2008 Reimburse for Work Boots Fuel August 2008 Allocation General Supplies Medical Kit Supplies Batteries Uniforms Lowrance Fish Locator/Sounder Towelletes 2008 Comprehensive Plan Fax Machine for 3rd floor Lunch for Safety Camp Asphalt Minor Equipment Joint Sealer Bottled Water Dell OptiPlex 755 Repairs on Crown Vic Vehicle Repairs Charges Graphics for Polaris Ranger Page 3 2,393.83 48.00 3,015.00 595.90 693.90 726.57 51.62 6,193.18 766.80 234.46 580.43 454.48 2,273.14 220.00 575.00 7.99 163.80 1,380.24 9,794.28 28,643.02 215.09 1,885.77 30.00 15,813.86 27,000.00 177.12 152.70 304.06 348.49 669.29 63.58 27,156.05 308.87 249.00 203.84 49.83 759.60 324.00 6,472.56 1,575.54 1,044.17 239.63 EXHIBIT II A" TO RESOLUTION #2008-95 Handy Hitch & Welding Co. Inc. Imagineering J.H. Larson Electric L.T.G.Power Loffler Companies, Inc. Mainstream Development McBroom Construction Co., Inc Menards MN Department of Public Safety NEXTEL Communications Postmaster ServiceMaster State of MN Dept. of Public Safety Stillwater Collision & Restoration Stillwater Motor Company Streicher's Stripe A Lot Toll Gas & Welding Supply Uniforms Unlimited, Inc USA Mobility Wireless, Inc. USAble Life Vandalism Reward Vandalism Reward Vandalism Reward VenTek International, Inc Verizon Wireless Wal Mart Community Washington Conservation District Washington County License Center Washington County Sheriff's Office Washington County Transportation Waste Management - Blaine Xcel Energy Yocum Oil Company ADDENDUM Ace Hardware CCIS-Cross Connection Holiday Napa Auto Parts Oxygen Service Company Polfus Implement Qwest Hitch Off/On Site Counseling Equipment Repair Supplies Equipment Repair Supplies Repairs to Phone System First Half 2008 TIF #1 Collections Chain Link Fence General Supplies "Police" Plates Cell Phone Quarterly Utility Billing Postage Carpet Cleaning Connect Charge Refinish Polaris Ranger (6) Keys Police Uniforms Striping Parking Lot, Curbs, Street Parking General Supplies Uniforms Quarterly Pagers Term Life Insurance Vandalism Reward Vandalism Reward Vandalism Reward Repair Parking Machine Cell Phone Pens 2nd Quarter Billing for Water Monitoring Renewal Tabs for License Plates Quarterly Mobil Cop & Radio Charges Labor Hours & Fringe Garbage Waivers Electricity Fuel Equipment Repair Supplies Test & Reports, Materials, Labor Fuel for Rec Center Core Return Air Cylinders Belt T1 Lines & Telephone Page 4 552.68 1,144.10 7.44 32.53 218.75 21,242.53 7,300.00 35.79 18.00 1,333.26 2,355.73 399.38 270.00 263.00 215.92 877.73 3,895.45 26.91 1,731.44 1,302.26 439.92 250.00 500.00 250.00 832.77 878.77 3.66 1,693.00 11.25 8,500.00 419.44 66.39 26,022.99 2,945.81 128.25 339.92 11.05 -6.39 6,905.19 22.20 874.06 EXHIBIT" A" TO RESOLUTION #2008-95 Rose Floral TruGreen Washington Conservation District Xcel Bedding Plant/Benson Park Fertilizer & Broadleaf ControljRec Center Eco Analysts Electricity & Natural Gas TOTAL Page 5 41.83 319.50 180.00 36,754.97 761,393.95 TO: FROM: DATE: SUBJECT: 1 CITY OF STILLWATER MEMORANDUM Mayor and City Council Sharon Harrison. Finance Director ~ August 12, 2008 Utility Billing Adjustments Descriotion Recommendation Leaky Toilet Adjust winter average to 5,000 gallons starting second quarter billing - 2008 Memorandum August 13, 2008 To: City Council Members From: Assistant Chief, Robert Zoller Fire and Life Safety Educator Re: Fire Prevention Week Sign/Banners National Fire Prevention Week has been set aside this year for the week of October 5 - 11, 2008. The Stillwater Fire Department will be promoting fire and life safety the month of October along with the National Fire Protection Association's theme "Prevent Home Fires". In 2006 U.S. fire departments responded to almost 400,000 home structure fires. Many could have been prevented by taking some simple precautions. We will be visiting area schools, both public and private, teaching fire educational lessons and sending fire safety messages home with the students for their parents to review with their child, delivering fire safety messages to area business, distributing fire safety messages to city employees, the continuation of our free smoke alarm campaign and our "open house" at the fire station planned for Saturday October 11th. As in past years we are again planning to display a number of signs and banners with fire safety messages at various locations around the city. These will be placed on city property and remain through the month of October. The fire department is requesting the City Council permission to display these life safety messages. Following is a list of locations where these sign/ banners will be placed. Banners to hang on the outside ofthe fire station, 216 N. 4th St. Sign at Lily Lake recreational area, South Greeley St. Sign at water department well house property, 1320 South 4th St. Sign at water department well house property, 1304 West Olive St. Sign at water department well house property, 1013 North Owens St. Sign at water department well house property, 1800 West Orleans St. Sign at water department well house property, Rutherford & England PI. Sign at City Lift Station, West Myrtle St. near the Jaycee Complex Sign at Heritage Park, Heritage Ct. & Liberty Parkway Sign at Legends Park, Barons Way & Reunion Way Sign at Park, Myrtle & Greeley St. Sign at City Public Works Building, Boutwell Rd. N. Thank you for your time in reviewing this request. If you have need for further information please contact the department administrative aid, Linda Thompson, at 351-4963 and she will assist you. /rfz Cc: Stu Glaser, Fire Chief STAFF REQUEST ITEM I Department: Parks I Date: August 11,2008 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request to replace posts and fence around basketball and tennis courts at Lily Lake Park. 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) Quotes have been received with lowest quote from Freedom Fence. Total quote $29,939.00 Budgeted under 2008 capital outlay park improvements. ADDITIONAL INFORMATION ATTACHED YesL No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. I Submitted by: ~U--- I Date: rI# A/' 7:rn 7k~UAJ FREeDOM FENCE t COMMERCiAL. RES'DENTfAL ' - CHA&NLINK · VINYL . \:\1000 . , REPAIRS · SPECiAl..lZED KENNELS~ (763) 286-1213 Customer: ~ 'Sir 1 ( \~tl! .J.e r .~ rks Address: dJ& IJ L/JS+- ..5+, . I { We.< -k r 1--110 S So~ Phone: fo5/ - .;:J. 75 - ~/o.;l. (77;nJ ~hain Link o Cedar o Vinyl 04' I .Mather /0 05' 06' .~M~;~~....:;;". o 11 ga. fMga. DOther . /,.,CYA' Job Specifications: t~Q...V ? Ir o J,'.-.c.. .A J (.(/<< .ad 1~t:. / .sf- In {p J1r/lI€ qe. k , / -rP~l.r "'I L--I- et.'" d ", ot~u. ( J') IA)~ t/ / Estimate Date: 7//J~/~r Fence Diagram 15 f '" !,:Z.D.t ;- 7 I J..I. I 1~ ~n. , S () - i>. II IQ,< ' , iD' n' ~ 5 /)T LA),'", w,'f-'j., '7;~ MI:!J/~ h,n.,LkJ,o., Ro,'/ e#'k/?-I- ' 3 I f.,Jt:.~ fA- q I wv/.I- ",.-:.ok..- ./ ./ [Ililial Freedom Fence receives half down after posts are sell:hen other half on completion. I understand the estimates. If change price will change. Signature G'd 8LOLLGv89L ToJ~ 7, '739. c>O aoue:l wopeeJ:l FRqM : TPPLE RIVER FENCING INC FAX NO. : 7152475718 Apr. 16 2008 08:45AM P2 749 22Dth Avenue Somerset, WI 54025 Office (715) 247-5718 Email: dave@acyclonefence.com [r Proposal Dat~ct=l5" ":'rY6.. 'lROS Phone ~F ;;n;:,--<ttDh staiod - - ~ ,.OrderDate_ ".-. .. BusPhone__... ...-llU..-...,- o Set Posts Only RanlLJ ~_ --.' . ! Fax-6~=_;).?5' - ~':_. 0 ~ate.rjal$ Only PermitrJ ! Name $'f.plJJa;Jey !Ji.L~~ - 1._ JobSrte_ 'Address_. ~ .. --.- ._~ stl!'eeT . -C>~.. ~. "_. citylStatefZiP..st~ A1~ S32;cgd ._ Contact JCDJI ~r) I~ Mat~ri~ Size .. Type Conditions Conditions Yes No !OOIS Yes No a Picket Spacing _. ._ Good Side In 0 Q Jack Hammer 0 0 ~:~ail ~ Soallop Depth Haul Old Fence 0 Q Post Puller 0 a Une Post 3 1;'---; -. . ._ Terrain _. ._ Q 0 Buggy 0 0 Tenn Post 5~' -. - Conc/Break Trim Shrubs Q 0 Chain Saw a 0 Gate Post Walk Gate Cables Drive Gate Footings Pickets -~ ""'+-f'" . '" t r i Ii 1F\i:....;k." 1 ",.. ..I..... . 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Thi$ oKat is made ~ to tIlfI ~ terms and DIO'I!s;ons 0Il1!lll_ !lido. White. Contract Yellow. Customer Pink. Office '-'0_"- 7:~ ~~ 11__ ___.J. _.Jl,",.._J. ""'lil . FR~M : TPPLE RIUER FENCING INC FAX NO. 7152475718 Apr. 16 2008 08:46AM P4 ~ Cyclone ~~~:~~:25 FENCE PROPOSAL r Fence Office (715) 247.5718 (Hereinafter Contractor) Email: dave@acyclonefence.com I PIO~ D,,"~4 -' IS ~ Res p"'n~_(s.l.::';;lJs.--4jD.bmlnstalied-" '-' -Ow~ Order Date_..__ __. Bus Phone __._.__._ CJ Set Posts Only Rent Q . Fax 16/-;)25:"'11/2-._ CJ Materials Only Perm~o i Name SE1t(1klf~~~'=-.= .=~ JobS~e---=-- "___'-~---=-- ! Address .'8J~ L.if!;;; s::t.._ . _. '__ CitylStatelZip. S+dJ~_~. Contacl._ '_. Conditions Conditions Yes No Tools 0,._. "'. Picket Spacing _. _ Good Side In 0 0 Jack Hammer 0 Cl Scallop Depth -_ Haul Old Fence 0 0 Post Puller a 0 ~:s . 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Telephone: (651) 439-5276 E-mail: stillwaterelks@yahoo.com 1905 Greeley Street South Stillwater, MN 55082 August 11, 2008 City of Stillwater Stillwater, MN 55082 To Whom It May Concern, Elks Lodge #179 would like to use the Lily Lake Tennis Courts for the sale of Christmas trees again this year. This will be our 22nd year of offering trees to the Stillwater community and again we will use this project to provide trees to those families who cannot afford to buy one. As in the past, we will cleanup after ourselves and leave the courts in excellent condition. We expect to continue to help the citizens of the Stillwater area with contributions to scouting, city parks, United Way, research foundations, Hoop Shoot and Soccer Shoot competitions, scholarships, area schools, etc. Thank you and the City of Stillwater for your support. Fraternally, Leonard W. Schrade, Chairman 1711 W. Olive Street Stillwater, MN 55082 Phone: (651) 439-4884 RESOLUTION 2008-96 APPOINTING ELECTION JUDGES AND FIXING COMPENSATION BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the following named persons, shall be appointed as Election Judges, subject to the attendance of a two hour training to be held on August 20,21,27, or 28, 2008 at the City of Stillwater and Washington County Training for Head Judges held in June eligible to serve at the Primary Election to be held on September 9,2008 Election to be held on November 4,2008. Bo Brandt Burton Calkins Carter Carter Celski Celski Christiansen First Name Leslie Linda Ph His John Ma Jud B rdie Don S Ivia Bette John Ma Last Name A ard Amrein Anderson Baer Baker Ball Beber Beber Ber Berube Bickner Bickner Bickner Miriam Anita Orwin Francis Karen Barbara Last Name First Name Address Condon Marilyn Last Name First Name Address Johnson Richard Last Name Monio Moore Moore Mundt Nelson Nelson Nelson Nelson Nes'e Nes'e Norris Norris Pearson Peters Peterson Plocher Polehna Poskozim Read Renfrow Rice Rider Ritzer Rivard Roan,Sr. Rock Roett er Roett er Ruch Samuelson Sandber Sandeen First Name Glenn ce Gwen Sue Jo ce Carol Jeanette Ma Alice Ron Carmen Merald Anna Robert Kent Ga Ie Donna Michelle Joni Sharon Anna.Dee Shirle Ma Lou Janet Michelle Denise Robert Carroll Barbara Carol Ma Ellie Susan Ma Ann Address Last Name Schaubach Schroeder Scullen Sisola Sisola Sisson Sobieski S rin born S rin born Staloch Steeves Stene Ste an Stuart Swanson Swanson Swerine Tibbetts Turnblad Turnblad Vadnais First Name Shell Sharon Doroth Ed Susan Karen Pat Ma Ma Beth Richard Jill Barbara David Mar aret Lori Norma Brian Dean Gretchen Vincent Kathleen Da "",in S.t1e Wa ne Janet Beth James Sandra Mark Wolden Wolf Wolfe Wood Wolfe Wood Zem el BE IT FURTHER RESOLVED, that the compensation to be paid to the regular Judges of Election be, and the same is hereby fixed at $9.00 per hour; and the compensation for the Head Judges is hereby fixed at $11.55 per hour and that the City will provide food to judges as part of their compensation. Adopted by the Stillwater City Council this 12th day of August, 2008. Wally Milbrandt, Vice Mayor ATTEST: Diane F. Ward, City Clerk ,.. . illwater ~ ~ THE BIRTHPLACE OF MINNESOTA ~~ , August 5,2008 Senator Kathy L. Saltzman 75 Rev. Dr. Martin Luther King Jr. Blvd. Capitol Building, Room 306 St. Paul, MN 55155-1606 Dear Senator Saltzman: As you are very much aware, there have been a number of incidents over the past years when the Stillwater lift bridge had to be shut down as the result of truck accidents. Recently a delivery truck damaged overhead cross bracings and closed the St. Croix River span. Work continued on the repair of the cross bracings, until Saturday, August 2, 2008 Because of the bridge's design, it is considered "fracture critical" in that there is no built-in redundancy to prevent the entire 1,050 foot structure from collapsing if one compo.nent fails. This is the same design that was used in the construction of the 1-35 Bridge in Minneapolis. There is no. doubt that large semi-trailer trucks crossings the 27 foot wide bridge create a critical problem for the safety of other motorists and cyclists, MNDOT has said that trucks cannot be further restricted fro.m using the bridge based on their weight. During the current repair work on the bridge, MNDOT has restricted trucks taller than 8'6" feet tall from using the bridge. The City would like to have that height restriction become permanent. This would improve the safety of the bridge, give the structure some protection from further accidents, and preserve the life of the bridge until the Interstate River Crossing is completed. The closing of the lift bridge for repairs creates another serious problem. Stillwater and St. Joseph Township have an agreement whereby Stillwater provides fire and EMS services to the Township. Obviously, these services cannot be provided when the bridge is clo.sed for repairs. We are asking you to assist us in making permanent the 8'6" height restrictions currently in place during repair. We are also asking that emergency vehicles be exempt from this height restriction. We will be happy to work with you, MNDOT o.fficials or with the Legislature in the 2009 Session. Thank you for your continuing suPpo.rt. CITY HALL: 216 NORTH FOURTH STREET · STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 · WEBSITE: www.cLstillwater.mn.us .... ". August 5,2008 Representative Julie Bunn 521 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. Saint Paul, Minnesota 55155 (651) 296-4244 Dear Representative Bunn: As you are very much aware, there have been a number of incidents over the past years when the Stillwater lift bridge had to be shut down as the result of truck accidents. Recently a delivery truck damaged overhead cross bracings and closed the St. Croix River span. Work continued on the repair of the cross bracings, until Saturday, August 2, 2008 Because of the bridge's design, it is considered "fracture critical" in that there is no built-in redundancy to prevent the entire 1,050 foot structure from collapsing if one component fails. This is the same design that was used in the construction of the 1-35 Bridge in Minneapolis. There is no doubt that large semitrailor trucks crossings the 27 foot wide bridge create a critical problem for the safety of other motorists and cyclists, MNDOT has said that trucks can not be further restricted from using the bridge based on their weight. During the current repair work on the bridge, MNDOT has restricted trucks taller than 8'6" feet tall from using the bridge. The City would like to have that height restriction become permanent. This would improve the safety of the bridge, give the structure some protection from further accidents, and preserve the life of the bridge until the Interstate River Crossing is completed. The closing of the lift bridge for repairs creates another serious problem. Stillwater and St. Joseph Township have an agreement whereby Stillwater provides fire and EMS services to the Township. Obviously, these services cannot be provided when the bridge is closed for repairs. We are asking you to assist us in making permanent the 8'6" height restrictions currently in place during repair. We are also asking that emergency vehicles be exempt from this height restriction. We will be happy to work with you, MNDOT officials or with the Legislature in the 2009 Session. Thank you for your continuing support. Respectfully yours, ---- CITY HALL: 216 NORTH FOURTH STREET · STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 · WEBSITE: www.cLstillwater.mn.us August 5,2008 THE BIRTHPLACE OF MINNESOTA Senator Ray Vandeveer 100 Rev. Dr. Martin Luther King Jr. Blvd. State Office Building, Room 107 St. Paul, MN 55155-1206 Dear Senator Vandeveer: As you are very much aware, there have been a number of incidents over the past years when the Stillwater lift bridge had to be shut down as the result of truck accidents. Recently a delivery truck damaged overhead cross bracings and closed the St. Croix River span. Work continued on the repair of the cross bracings, until Saturday, August 2, 2008 Because of the bridge's design, it is considered "fracture critical" in that there is no built-in redundancy to prevent the entire 1,050 foot structure from collapsing if one component fails. This is the same design that was used in the construction of the 1-35 Bridge in Minneapolis. There is no doubt that large semi-trailer trucks crossings the 27 foot wide bridge create a critical problem for the safety of other motorists and cyclists, MNDOT has said that trucks cannot be further restricted from using the bridge based on their weight. During the current repair work on the bridge, MNDOT has restricted trucks taller than 8'6" feet tall from using the bridge. The City would like to have that height restriction become permanent. This would improve the safety of the bridge, give the structure some protection from further accidents, and preserve the life of the bridge until the Interstate River Crossing is completed. The closing of the lift bridge for repairs creates another serious problem. Stillwater and St. Joseph Township have an agreement whereby Stillwater provides fire and EMS services to the Township. Obviously, these services cannot be provided when the bridge is closed for repairs. We are asking you to assist us in making permanent the 8'6" hefght restrictions currently in place during repair. We are also asking that emergency vehicles be exempt from this height restriction. We will be happy to work with you, MNDOT officials or with the Legislature in the 2009 Session. Thank you for your continuing support. CITY HALL: 216 NORTH FOURTH STREET · STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 · WEBSITE: www.cLstillwater.mn.us THE BIRTHPLACE OF MINNESOTA August 5,2008 Representative Matt Dean 327 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. Saint Paul, Minnesota 55155 Dear Representative Dean: As you are very much aware, there have been a number of incidents over the past years when the Stillwater lift bridge had to be shut down as the result of truck accidents. Recently a delivery truck damaged overhead cross bracings and closed the St. Croix River span. Work continued on the repair of the cross bracings, until Saturday, August 2, 2008 Because of the bridge's design, it is considered "fracture critical" in that there is no built-in redundancy to prevent the entire 1,050 foot structure from collapsing if one component fails. This is the same design that was used in the construction of the 1-35 Bridge in Minneapolis. There is no doubt that large semi-trailer trucks crossings the 27 foot wide bridge create a critical problem for the safety of other motorists and cyclists, MNDOT has said that trucks cannot be further restricted from using the bridge based on their weight. During the current repair work on the bridge, MNDOT has restricted trucks taller than 8'6" feet tall from using the bridge. The City would like to have that height restriction become permanent. This would improve the safety of the bridge, give the structure some protection from further accidents, and preserve the life of the bridge until the Interstate River Crossing is completed. The closing of the lift bridge for repairs creates another serious problem. Stillwater and St. Joseph Township have an agreement whereby Stillwater provides fire and EMS services to the Township. Obviously, these services cannot be provided when the bridge is closed for repairs. We are asking you to assist us in making permanent the 8'6" height restrictions currently in place during repair. We are also asking that emergency vehicles be exempt from this height restriction. We will be happy to work with you, MNDOT officials or with the Legislature in the 2009 Session. Thank you for your continuing support. , CllY HALL: 216 NORTH FOURTH STREET · STILLWATER, MINNESOTA 55082 PHONE; 651-430-8800 · WEBSITE: www.cLstillwater.mn.us ,- Summary of Proceedings Washington County Board of Commissioners August 5, 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 The Commissioners reported on the following items: Commissioner Peterson - reported on the Association of Minnesota Counties Policy Committee meeting held last week and distributed information on the federal fuel tax, and Minnesota Department of Transportation' s policy on control of vegetation and mowing; attended a meeting with Senator Sieben, Ramsey County and MN/DOT to discuss highspeed rail; she encouraged everyone to attend National Night Out in their communities this evening; acknowledged Don Drigans who was voted an outstanding senior citizen and who serves on the Veteran's Rest Camp Board; and noted that AMC will be hold a Leadership Development Summit in Rochester August 20 through 22; Commissioner Hegberg - reported he attended a session about Metro Family Alliance at the AMC Policy Committee meetings last week which discussed targeted case management state wide; the Environment Committee discussed a proposal that would ask for an additional tax on real estate for watershed basins, which he opposed; reported on the Counties Transit Improvement Board meeting which discussed definitions of transitways. Community Services Approval of the following actions: Appoint Laura Stevenson, Forest Lake, to the Family Homeless Prevention and Assistance Program Citizen Advisory Committee to a first term expiring June 30, 2010; New detoxification fee schedule effective August 1, 2008; Amendment No. 14 to contract with Greater Metropolitan Housing Corporation of the Twin Cities to provide additional Community Development Block Grant fup.ds to the Washington County Owner-Occupied Rehabilitation Program; Amendment No. 1 to the 2008 contract with Human Services, Inc. 2008-2009 contract with Capstone Services, LLC to provide home and community based services for persons on medical assistance waivers. General Administration Approval of the following actions: July 15,2008 Board meeting minutes; Resolution No. 2008-100, appreciation of Derek Olson for his exceptional accomplishments as a teacher at Afton-Lakeland Elementary School; Board correspondence was received and placed on file; Board workshop held for a status report on the Land and Water Legacy Program. " Human Resources Executive (closed) Session held to discuss negotiation strategy for 2009 health insurance. Property Records and Taxpaver Services Approval of the following actions: Joint Powers Agreement with the City of Woodbury to provide election administration services; 4% increase in the Assessment Fee Schedule for 2009; Resolution No. 2008-097, authorizing Washington County elections to establish an absentee ballot board to accept and reject absentee ballots for elections held within Washington County. Public Works Approval of the following actions: Change Order #6 to the Radio Drive road construction contract with CS McCrossan for additional bituminous milling; Resolution No. 2008-098, concur with Ramsey County's bid award for CSAH 25 and CSAH 16 reconstruction to Danner, Inc. Resolution No. 2008-099, support of the Metro Transit fare increase; Board workshop held to discuss the advancement of the 1-94 Corridor; Board workshop held to discuss the Parks and Open Space and Natural Resources sections of the Comprehensive Plan Update 2030. 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. ,; THt: tIlT.PLICE OF M'..EI'TA AGENDA CITY OF STILLWATER CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street August 12, 2008 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Update on the safety of storm ponds and catch basins on the North Hill project. STAFF REPORTS 1. Police Chief 2. Fire Chief Lumberjack Days Report 3. City Clerk 4. Community Dev. Director 5. City Engineer/PWD 6. City Attorney 7. Finance Director 8. City Administrator 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES - Possible approval of special and regular meeting minutes of July 15, 2008, and minutes of the special meeting of July 22, 2008. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Gene "Taco" Bealka 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. CONSENT AGENDA* 1. Resolution 2008-95, directing payment of bills 2. Resolution 2008-96, approving election judges and fixing compensation 3. Resolution 2008-97, accepting work and ordering final payment for 2007 Sidewalk Rehabilitation Project (2007-05) 4. Resolution 2008-98, accepting work and ordering final payment for Stillwater Clinic Pond Project (2005-07) 5. Possible approval to purchase high resolution digital camera - Community Development 6. Possible approval to purchase permit and case tracking software - Community Development 7. Possible approval to renew licenses for backup software for the City's servers - MIS 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 application for a new 3.2% On-sale Liquor License for Minnesota Winegrowers Cooperative, DBA: Northern Vineyards located at 223 N. Main Street. Applicant: Robin Partch. Notice was published in the Stillwater Gazette on August 1, 2008. (Resolution - Roll Call). UNFINISHED BUSINESS 1. Emergency Operations Center information \. NEW BUSINESS 1. Appointing members to the Downtown Sandwich Board Task Force 2. Possible approval of storm sewer improvement at the intersection of Greeley Street and Curve Crest Boulevard (Resolution - Roll Call) 3. Discussion of the Planning Commission motion to allow increased signage in the West Business Park 4. Discussion of the Park Board motion regarding a permit fee for use of City property to film movies or commercials (Resolution - Roll Call) 5. Possible acceptance of bids and awarding of contract for the 2008 Sidewalk Project (Resolution-Roll Call) 6. Stillwater Water Board well house in Legend's Park 7. Possible approval of parking maintenance agreement between the City, SuperValu, Inc. and Veteran's Memorial Committee (Resolution - Roll Call) 8. Stop Sign Control Modifications 9. Possible adoption of resolutions amending Resolutions 2003-230 & 2004-188 relating to Taxable Tax Increment Revenue Note (Territorial Springs LLC Project), Series 2003 & 2004. (Resolutions - Roll Call) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICA TIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. Page 2 of 2 MEMORANDUM To: Mayor and City Council From: Torry Kraftson, Assistant City Engineer7~1( Date: August 6, 2008 Re: Annual Storm Water Meeting (5/6/08) Citizen Concerns In accordance with the City's storm sewer permit, an annual public storm water meeting was held at the May 6th City Council meeting. Stillwater resident, Steve Keister at 1721 2nd St. N., raised concerns about two aspects of the City storm sewer system. His first concern was about catch basins with large openings and the second concern was regarding the safety of the storm water ponds at 2nd Street! Poplar Street and at 2nd Street! Hazel Street. On May 20th, City staff met with Josh Fitch, Loss Control Consultant with the League of Minnesota Cities. Following this meeting, Mr. Fitch sent the attached letter dated May 2ih. The letter states that, "The older catch basins throughout the city appear to have larger openings than the newer DOT installed basins. In addition to the citizen's concern, if the city also feels that these openings are too wide and would allow small children to accidentally enter, then a retrofit program should be developed to address this issue." An inventory of 157 high capacity catch basins throughout the City was completed by staff. The catch basins were broken into three types. The catch basins designated as Type I are old concrete structures or reinforced concrete slabs with a void underneath. There were 77 Type I catch basins identified. Most of them are located on the North Hill. Opening height sizes on Type I catch basins range from 3 to 15 inches. Type I (Reinforced slabl flume) Type I (Old concrete structure) The catch basins designated as Type II are a MNDOT design (Standard Detail 4020) that has been superseded. There were 10 Type II catch basins identified with openings ranging from 6 to 8 inches high. I .. _ . . . .1 ~ - ... ... -":J '->-, _ ~..,ja;~",;;..-~~.., _ -,,',,' ,:;';,.--':\"--."; '''3,~'~~ik~~_.w~~~~~~>~d'~^'c,,--!~ -;' - " Type II (MNDOT Detail Plate 4020- now superseded) The newer style MNDOT catch basins (Plate 4021) are designated as Type III. These catch basins have 6-inch openings and account for 70 ofthe high capacity catch basins which were inventoried. MNDOT approved the design of the Type III catch basin style in 1973 and has had no documented safety incidents with them in the past 35 years. Type III (MNDOT Detail Plate 4021) The following table summarizes the inventoried catch basins: Total All Sizes 77 10 70 157 The City will continue to replace substandard catch basins during street reconstruction projects. To accelerate the replacement it is proposed that storm water utility funds be used to purchase replacement catch basins. The new catch basins would be installed by the public works department. The estimated cost to replace a catch basin is $4500, including labor and materials. It is estimated that 4 to 6 catch basins could be replaced each year based on time and money available. The replacement would prioritize the structures with the largest openings. By undertaking this approach, the 24 catch basins with openings 10-inch or larger could be replaced in 4 to 6 years. We would then proceed to replace the 33 catch basins with 7 to 9 inch openings in similar fashion. We propose to leave the Type III (MNDOT 4021) 6-inch high catch basins in place. The League did not recommend any action on these catch basins and neither MNDOT nor other Cities we have spoken with have had any safety issues with this style of catch basin. In his letter Mr. Fitch addressed the safety ofthe storm water ponds at 2nd St./ Poplar St. and at 2nd St./Hazel St. No recommendations were made regarding the storm water pond at the southwest comer of 2nd St./ Poplar St. as there was no apparent safety concern. The pond on the north side of 2nd St./ Hazel St. has the Zephyr railroad track running along the north side of the pond. It was recommended that a sign be placed adjacent to the railroad right of way to indicate private property or no trespassing. If unauthorized access across the tracks is observed following placement of a sign a fence would be recommended adjacent to the railroad track. There was discussion at the public hearing about the appropriateness of fencing around storm water ponds. Fencing was not recommended by Mr. Fitch for the pond at 2nd St./Poplar St. or the pond at 2nd St./Hazel St. A League of Minnesota Cities article entitled Storm Water Ponds: Don't Get in Over Your Head (attached) discusses when storm water pond fencing should be considered. The letter from Mr. Fitch recommended more frequent maintenance of storm water ponds based on the MPCA Storm Water Manual. The City performs required pond inspections once every four years with a focus on water quality issues. Most City ponds are observed on a regular basis for inappropriate uses and any other obvious visible concerns. To conclude staff is recommending two actions at this time. The first is to place a sign at the railroad right way on the north side of the pond at 2nd St./Hazel Street in accordance with the letter from Mr. Fitch. The second recommended action is to initiate a plan to replace 4 to 6 of the Type I catch basins each year with priority placed on structures with the largest (10 to 15 inch) openings. An update of these issues will be presented at the annual storm water meeting to be held in the Spring of2009. LEAG UE OF MINNESOTA CITIES CONNECTING & INNOVATING SINCE 1913 OS/27/08 Shawn Sanders Public Works Director/City Engineer City of Stillwater 216 North 4th St. Stillwater, MN 55082 Re: Loss control park surveys: 5/20/2008 Dear Mr. Sanders: On the above date, I met with you and Mr. Torry Kraftson, Assistant City Engineer, and conducted a Loss Control survey at a couple storm water ponds. These surveys were in conjunction with your participation in the League of Minnesota Cities Insurance Trust workers compensation and property casualty insurance program. As a result of the Loss Control surveys, I have reached some general conclusions. Those conclusions and our discussion are outlined below. Conclusions: · Our discussions and the Loss Control Surveys of the catch basins and storm water ponds identified a few loss control concerns, which are outlined in the attached Appendix. · The city has a program of updating older catch basins during street remodels/upgrades. Discussion: As we discussed, the request for these particular surveys was a result of a citizen's concern during a city council meeting. The storm water ponds surveyed were located at: · N. Second St. and Poplar St. - no recommendations · N. Second St. and Hazel St. - see attached Appendix We also discussed Loss Control issues surrounding catch basins, including taking preventative measures to minimize the risk of small children crawling into these basins. The older catch basins throughout the city appear to have larger openings than the newer DOT installed basins. In addition to the citizen's concern, if the city also feels that these openings are too wide and would allow small children to accidentally enter, then a retrofit program should be developed to address this issue. This is in addition to ensuring that the city is within DOT standards and the current street remodeling/upgrade program. LEAGUE OF MINNESOTA CITIES INSURANCE TRUST LOSS CONTROL FIELD SERVICES 222 SOUTH 9TH ST., SUITE 1300 PHONE: (612) 766-3000 FAX: (612) 766-3199 MINNEAPOLIS, MN 55402-3332 TOLL FREE: (800) 449-7707 WEB: WWW.LMC.ORG City of Stillwater 5/2712008 Page 2 of 4 I have left a message with Bruce Irish at the MN Department of Transportation - Metro District (651) 234-7535, regarding the opening design specifications of catch basins. I have not heard back from him yet. As I will be out of the office for a couple of weeks, please feel free to contact Mr. Irish, in the meantime, regarding this and any other questions you may have. In addition, please refer to recommendation #2. Lastly, we tool a look at a city-owned railing along N. 1 st St. and Churchill St. 60 Day Response: . I have submitted new recommendations for your consideration as a tool to help guide your risk management efforts. The decision to complete the recommendations, either in part or in full or the decision not to complete recommendations lies entirely with the insured. The League of Minnesota Cities Insurance Trust believes completion of recommendations can ultimately reduce property, liability or workers' compensation losses as the case may be. I am available to offer additional assistance if needed. Please contact me by mail, fax, telephone or e- mail within the next 60 days to let me know what, if any, progress you are making on each recommendation. I look forward to hearing from you. Sincerely, ~~~ Josh Fitch, M.S. Loss Control Consultant (612) 766-3161 ifitch@berkleyrisk.com Enclosed: MPCA Storm Water Pond Maintenance and Inspection Schedule LMCIT memo: Storm Water Ponds - Don't Get In Over Your Head c: Larry Hanson, City Administrator, City of Stillwater, 216 North 4th St., Stillwater, MN 55082 Torry Kraftson, Assistant City Engineer, City of Stillwater, 216 N. 4th St., Stillwater, MN 55082 Robert McGarry, Agent, McGarry-Kearney Agency, 243 South Main St., Stillwater, MN 55082 Recommendations and comments are provided for loss control and risk exposure improvement purposes only in conjunction with the insurance program referenced above. They are not made for the purpose of complying with the requirements of any law, rule or regulation. We do not infer or imply in the making of these recommendations and comments that all sites were reviewed or that all possible hazards were noted. The final responsibility for conducting loss control and risk management programs must rest with the insured. City of Stillwater 5/27/2008 Page 3 of 4 APPENDIX Recommendations: 1-5/08 The city should include the MPCA Storm Water Inspection Time Table within their current storm water inspection procedures. During our discussion, it was noted that the city is inspecting its storm water ponds every 5 years. According to the MPCA, inspections should be done more frequently than that. A more aggressive inspection schedule will help to identify potential Loss Control issues (unauthorized use of the pond, damage, vandalism, water flow issues, etc.) in a timelier manner. Please refer to the MPCA Storm Water Inspection/Maintenance Time Table, included with this letter, for more detailed information. This table is located in the MPCA Storm Water Manual, Chapter 12-6. 2-5/08 The city should document the current plan to have the older catch basins slowly upgraded to new basins, installed by the Minnesota Department of Transportation (MNDOT). Included in this documentation should be the fact that the city has balanced the factors associated with this street improvement process, such as time, budget, safety considerations, citizen concerns, etc., in order to have the most practical improvement plan as possible. This will help reduce any potential future liability in this area. This documentation is essential in helping the city achieve discretionary immunity. o Ide.r catch basin N e,\' catch basin 3-5/08 Document citizen concerns/complaints regarding city storm water ponds. The city should ensure that all of the citizens' concerns have been documented and addressed. This means that the city has reviewed those concerns and documented that the city has either acted or not acted. The reasons for acting or not acting should be documented as well. Recommendations and comments are provided for loss control and risk exposure improvement purposes only in conjunction with the insurance program referenced above. They are not made for the purpose of complying with the requirements of any law, rule or regulation. We do not infer or imply in the making of these recommendations and comments that all sites were reviewed or that all possible hazards were noted. The final responsibility for conducting loss control and risk management programs must rest with the insured. City of Stillwater 5/27/2008 Page 4 of 4 4-5/08 Install a warning sign by the railroad tracks at the storm water pond located at N. Second St. and Hazel St. During the survey, it was noted that there is a railroad track that runs near the storm water pond. The Zepher Dinner Train crosses this location approximately twice a clay. While the city is unsure whether there is any unauthorized use (skating, children playing, sledding, etc.) at this location, installing a sign to either indicate that this is private city property or no trespassing, may help to reduce any potential liability to the city. Please contact Chris Smith, Risk Management Attorney, (651) 281-1269 or csmith{r hnc.org, for specific sign wording. In addition, the city should begin/continue to monitor this location to observe any unauthorized use.. The city can contact the Zepher Dinner Club for help with monitoring this location. If continued unauthorized use occurs, the city should consider installing a fence along the train tracks at this location. Lastly, the city should document all actions regarding monitoring, safety signs, etc. Zepher railroad track Cit • storm water pond 5-5/08 Maintain or remove the railing at N. 1st St. During our survey of this area, it was mentioned that the city is not currently maintaining this railing. If maintained, the railing should be repainted and any sharp edges, paint chips, etc. removed. There appears to be no immediate hazards in this location because of the added landscaping on the homeowners side of the sidewalk, therefore; once the city reviews any other applicable codes/regulations, the railing could be removed.. The city should make and also document the decision on whether to begin maintaining the railing or remove it completely, including the reasons for doing either option. The city should also continue to maintain the sidewalk at this location. Recommendations and comments are provided for loss control and risk exposure improvement purposes only in conjunction with the insurance program referenced above. They are not made for the purpose of complying with the requirements of any law, rule or regulation. We do not infer or imply in the making of these recommendations and comments that all sites were reviewed or that all possible hazards were noted. The final responsibility for conducting loss control and risk management programs must rest with the insured. f" (r'rli V); LEAGU E OF MINNESOTA CITIES CONNECTING & INNOVATING SINCE ]913 RISK MANAGEMENT INFORMATION STORM WATER PONDS: DON'T GET IN OVER YOUR HEAD Definition and Purpose StOilll water ponds are constructed ponds that retain a permanent pool of water. The purpose is to capture and tTeat the pollutants contained in the runoff from the surrounding watershed. Pollutants could include metals, nutrients (fertilizers), sediments, and organics. The primary pollutant removal mechanism is sedimentation, which combined with bacterial decomposition and the uptake from aquatic plants and algae give the pond the capacity to remove most urban pollutants. Pond Numbers Increasing Passage of the Federal Clean Water Act in the 1970s, followed by its application in the 1990s to stOilll water runoff~ has resulted in the rapid development of stann water ponds over the last fifteen years. Even cities with little new construction may be required to construct these stonn water retention ponds if stOilll water runoff is affecting water quality of nearby lakes, rivers, or streams. Potential Claims Cities may have claims made against them because of stonn water ponds and the area in the vicinity of the ponds. These claims could include drowning and injuries related to slip/falls, however the most common claims occur because pond overflows contribute to water related damage to nearby properties Cities have the responsibility to exercise reasonable care in the design and maintenance of the ponds Design and Control Stoilll water retention pond design should be completed with consideration of secondary uses. These may include \valking trails and bridges, skating, and nearby recreational activity such as playgrounds or ball fields, Techniques for controlling these activities may include: fencing or natural barriers, signs, public notices, and maintenance. Maintain for Other Uses If the pond is being used for purposes other than water quality improvement, make sure it is maintained for those purposes. For example, if a city is allowing a pond to be used for skating in the winter, the depth and condition of the ice needs to be monitored. If a pond area is being used for picnic grounds, fishing, or walking paths, maintenance needs to reflect the increased activity in the area. Ponds where these activities occur should be made part of the city's park system and be maintained with the same diligence. [ --This-;;;ateri~Ir;P;~ide-d~ener;;!~fort~~ti~~, and is not a substitute for legal adVi:=Je. Consult your attorney for advice concerning specific situations. ---------.--"----,.--.- " -,.._-----_.._--,--_._--~---_._~------- LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 145 UNIVERSITY AVE WEST PHONE (651) 281-1200 fAX (651) 281-1298 s r PAl! 1. MN ]O;,204.j rOLL FREE (800) 925- 1122 WEB: WWWLMCORCi Restricting Uses If the city intends that a pond be used only for drainage retention, but the city has knowledge that the pond is being used by the public for other uses which are not allowed, then the city should post signs that make it clear that other uses are not allowed. (e.g. No Swimming, No Fishing, No Skating, No Boating, etc.) The city should enforce lts pond rules. Citles should also publicize then' pond rules in newsletters and city web sites. Signage If the pond has dangerous conditions that the city cannot eliminate, signs should be posted to give a warning of those conditions. (e.g. Thin Ice, Caution - Steep Slope.) Fencing Fencing should be considered if available land allO\vs only steep sloped sides, or the city knows that the pond is used for recreational pmvoses even though it is not intended to be used that way (e.g. swimming, fishing, ice skating). Lastly, a fence may be the only way to separate a nearby recreational activity and the pond. Docks Private docks should not be allowed on city storm water ponds. Since the dock would be placed in a city easement, the dock would create potential liability for the city for any injuries resulting from use of the dock. In addition, a dock may make it more difficult for the city to maintain the pond. If the city does allow a private dock, the city should require the dock owner to have liability insurance and sign a comprehensive indemnification agreement. Sloping The side slopes of ponds should be no steeper than 3: 1. Flatter slopes help prevent erosion of the banks and make maintenance tasks, such as mowing and removing debris easier. Slopes of 3: 1 also make getting out of the pond easier if someone should fall in Natural Strip Encourage the growth of a vegetative strip around the pond that is not mowed but allowed to grow wild. These areas help to filter runoff water before it reaches the pond and discourage animals and people from entering the pond. Maintenance of Ponds Proper maintenance can help reduce the potential for claims relating to f100ding and water damage, and personnel injuries. Maintenance may include: mowing, removing debris, repairing erosion, repairing broken mechanical parts, repairing signs, ensuring the emergency spillway is not blocked or damaged, removing sediment around outlets, and monitoring pond sediment which may have to be removed every 5-25 years. Docu ment Keep records of any decisions you make in designing, inspecting, and maintaining your ponds. These records can be extremely helpful in defending the city's actions, and in supporting a discretionary immunity defense. 2 Resources Minnesota Pollution Control Agency (MPCA) 11 t t12 : /1 WW\'LJ29 a. s ta t~ nm u s/w a Lcd s.Lo r111 \\jJ1gJjs.l()lrn\V(l1CLJmlmlC1U1tL~11 Metropolitan Council, Wet Ponds 11 Un:! / www.rnetrocouncil. 0 rg/ en vi 1'onn1 g]1tL,\:y,jtQLsheQl.fiMpi C II~L:)Tl~Q1s:nWglEDn cLnQf Joe Ingebrand 1] 107 i Ius]1rectioI1 I'tems Maintenance Hems Frequency . Ensure that at least 50% of wetland plants survive Replant wetland vegetation One time - After First . Year . Check for invasive wetland plants . Check that maintenance access is free and clear . Inspect low flow orifices, reverse flow pipes, and other pipes for clogging . Mowing ~ minimum Spring and . Check the pennanent pool or dry Fall Monthly to Quarterly pond area for floating debris, . Remove debris or After Major Storms undesirable vegetation (>] ") . Repair undercut, eroded, and . Investigate the shoreline for erosion bare soi I areas . Monitor wetland plant composition and health . Look for broken signs, locks, and other dangerous items . Trash and debJis clean-up day . Monitor wetland plant composition Remove invasive plants . and health . Harvest wetland plants Semi-annual to annual . Identify invasive plants . Replant wetland vegetation . Ensure mechanical components are functional . Repair broken mechanical components ifneeded . All routine inspection items above . Inspect liser, banel, and Pipe and Riser Repair . embankment for damage . Forebay maintenance and Every I to 3 years . Inspect al] pipes sediment removal when needed . Monitor sediment deposition in pond and forebay . Monitor sediment deposition in . Forebay maintenance and 2-7 years pond and forebay sediment removal when needed . Remote television inspection of . Sediment removal from mam reverse slope pipes, underdrains, pond/wetland 5-25 years and other hard to access piping . Pipe replacement ifneeded 4 Stillwater Fire Department Memo To: Mayor Harycki and Council CC: Lany Hansen, City Administrator FnMII: Stuart W. Glaser, Fire Chief ~ Date: August 5, 2008 He: Lumberjack Days 2008 Staff Report Resoonse Activities Lumberjack days 2008 consisted of five (5) days of events and activities throughout the City of stillwater with some events occurring outside the immediate downtown area. stillwater Fire responded to 55 calls for service from Wednesday, July 23 through Sunday, July 27. The following is a breakdown of these calls. · 36 medical responses - heat, falls, etc. · 8 miscellaneous calls - service calls, CO detectors, buming complaint, etc. · 5 vehicle accidents - four with injuries · 3 water related responses - swimmers and/or boaters in distress · 2 gas leaks - including 1 propane tank leak at a downtown food vendor · 1 Severe thunderstorm - wires down, power outages, vendor damage Note: Lumberjack Days 2008 included one additional day aeating a five day event versus four day event in previous years. Code EnforcementIInsDeCtions The department spends numerous hours throughout the year working to ensure the venue is safe and complies with fire code regulations. In addition, onsile inspections are conductecl daily during the event In 2008 SFD logged 37.5 hours towards code enforcement activities. · Food Vendor Inspections . Investigating Complaints · Fireworks Inspections · Venue site plan review 1 Event Coveraae and Staffina In order to provide adequate response and protection for Lumberjack Days as 'Nell as the rest of the Departmenfs response area, staff is assigned to work shifts throughout peak hours during the event. Generally staff is assigned to work from 5:00 pm until midnight. In the event activities are slow or crowds do not appear overly large, aews are released. Crews were released from duty early on several days in 2008 (Thursday and Sunday), which reduced overall operational costs. >> Paid-on-Call Hours 407.0 $4,517.75 >> Overtime Hours 87.5 $2,628.10 >> Administrative Hours 161.0 Salaried positions Total number of staff hours 655.5. $7,145.85 Note: Lumberjack Days 2007 hours 549.5 and cost $8,498.05 Activities and events staffed by fire department personnel include: · Lumberjack Days Concerts · Cabela's Dogs and Logs EMS Standby · Freight House 5K and 10 mile run · Vendor Inspections . Emergency Response · Parade Coverage · Fireworks -Inspections and launch . Page 2 , .ter TM' "'""'UCE Of .'MNEI~ CITY OF STILLWATER CITY COUNCIL MEETING JULY 15, 2008 SPECIAL MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Staff present: City Administrator Hansen Finance Director Harrison OTHER BUSINESS\ Budaet Discussion Councilmember Milbrandt asked about the direction given to department heads in preparing their budget requests. City Administrator Hansen said staff was asked to submit budget requests that were flat in the items they can control, noting that the City has no control over such things as the price of gas or increases due to contracts. Finance Director Harrison reviewed her memo, which listed the significant operating increases in each department's budget; she noted that most of the increases are personnel related. Mayor Harycki asked about any measures taken to control fuel consumption. Fire Chief Glaser responded to the Mayor's question about fuel consumption. Chief Glaser said the major step was the purchase of the small, quick-attack pumper which saves a considerable amount of fuel; he also said the department does not send multiple vehicles on calls unless needed, but he noted the volume of calls is increasing. Chief Glaser reviewed his proposed operational budget. He said the budget request is flat except for personnel costs, fuel and the MHz radio system. There was discussion of the cost of the radio system. Mayor Harycki questioned the proposed purchase of a Chevy Tahoe for use as command vehicle/chief response. Chief Glaser explained the need for space to carry required gear; there was additional discussion about vehicle needs. Mayor Harycki called for looking at additional options before approving the requested vehicle purchase; Councilmember Nyberg encouraged those who questioned the need for the requested vehicle to spend some time in the fire department to see first-hand what is needed. Mayor Harycki asked about the amount of revenue being generated by the new fire inspection fees imposed last year. Chief Glaser said that as of the end of June, the fees had generated $18,596; Finance Director Harrison said it is anticipated the fee will generate about $50,000 for the year. Mayor Harycki called for eliminating the fees. Chief Glaser noted that last year departments were asked to look at ways to generate additional revenue. The inspections have to be done, he noted, and spoke of the cost involved in doing the required inspections. City Administrator Hansen suggested staff could look at some fee options before adoption of the preliminary budget. r City Council Meeting July 15, 2008 City Administrator Hansen pointed out $100,000 is in the budget for"continued work on a new fire hall, whether for site work or down payment on a contract for deed or other work. Chief Glaser reviewed his memo related to the need for a new fire hall. Councilmember Polehna noted there is $25,000 in carry-over funds for the fire hall study. City Administrator Hansen said the $100,000 was included to initiate the discussion of whether the Council wishes to proceed with developing a new fire hall at some point in the future, noting that if land isn't secured now, and the opportunity will be gone. It was noted that the City could bond for property, outside of this budget deliberation. The discussion regarding the proposed fire budget was summed up that there are three major issues remaining - the vehicle purchase, inspection fees, and the $100,000 related to a future new fire hall. Police/Civil Defense/DARE/ParkinQ Mayor Harycki asked Chief Gannaway about his department's fuel C?onsumption. Chief Gannaway stated all cars are shut off, unless there are severe weather conditions. The Chief said the motorcycle is being used more this summer for traffic enforcement. He said they are also looking at the option of bulk buying fuel, either through a consortium or the state. Chief Gannaway also responded to a question about the parking enforcement vehicle, saying it is a multi-purpose vehicle and was paid for through parking funds. Mayor Harycki reviewed Ms. Harrison's memo about major increases - gas, personnel costs, and MHz radio system. There was discussion about the number of radios. The capital budget request also was reviewed. There was discussion of a fuel-efficient vehicle for use as the unmarked car. City Administrator Hansen stated the budget for Civil Defense is unchanged, and DARE is a small budget ($2,500). Parking also is unchanged. City Administrator Hansen called the parking program a success, now that the City has taken it over from a private vendor. Community Development Mayor Harycki reviewed Ms. Harrison's memo. It was noted Community Development's budget is down from last year. Councilmember Nyberg asked about projections for building inspections in 2008. Community Development Director Turnblad said fees are up, partly due to the Washington County project, but also due to home improvement/remodeling projects; he said he anticipated about the same in 2009. It was noted there was no vehicle replacement request in this department. The meeting was adjourned at 5:45 p.m. REGULAR MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7 p.m. Present: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Page 2 of 9 City Council Meeting Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward July 15, 2008 PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Gag, seconded by Councilmember Nyberg to approve the July 1, 2008, regular, recessed and Executive Session meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Presentation of Human Riahts Award to Eric Anderson Mayor Harycki presented the annual Human Rights Award to Eric Anderson in recognition of his efforts at helping children, teachers, students and parents explore diversity issues. Mr. Anderson expressed his appreciation for the award and stated that none of the work he does would be possible without the support of the District 834 School Board, school district administrators and the widespread support of the staff and student body. Councilmember Polehna stated the Human Rights Commission was very impressed with the work Mr. Anderson does in District 834 schools and pleased to recognize his efforts with the Human Rights Award. Youth Service Bureau - Paul Weiler Paul Weiler, executive director of the Youth Service Bureau, gave a presentation highlighting the programs, outcomes and mission of the agency and asking for the Council's continued funding support. He concluded his presentation by pointing out that a recent study indicates that for every dollar spent on early intervention and prevention programs, such as offered by the Youth Service Bureau, results in a return of $8.18 to the community. He noted that the Youth Services Bureau partners with School District 834 in many of its programs, and he offered his congratulations to Eric Anderson, as well. Community Volunteer Services & Senior Centers - Valerie Jones Valerie Jones, executive director of Community Volunteer Services & Senior Centers, gave a presentation highlighting the history, mission and programs of the agency. She also shared some of the highlights of the agency's recent year of service to the community and asked for the City's continued funding support. Proclamation: National Niaht Out (Auaust 5.2008) Mayor Harycki read a proclamation designating August 5,2008, as National Night Out in the City of Stillwater. Page 3 of 9 City Council Meeting July 15, 2008 OPEN FORUM Tom Loome, Chestnut Street Books, spoke to the signage issue in the downtown area. He questioned why the Council was worrying about signs, stating it is an old Stillwater tradition to have many signs. He said signs waken the illusion of activity and are particularly helpful for businesses not on Main Street. The resident of 110 S. Sherburne St. spoke of the issue of excessive speeding and noise. She noted that Sherburne Street is often used as a cut-through street. She said she had communicated her concerns to her Council representative, the Chief of Police and Mayor. She said a speed radar sign was subsequently placed on the street, and she said drivers took notice of the sign and slowed down. When the sign was removed, the speed increased again, she said. She said in the Mayor's response to her e-mail of concern, he indicated the City had considered traffic calming options and she encouraged the Council to reconsider what the traffic calming options are for Sherburne as well as Owens and Myrtle. She noted there is a lot of traffic in the Owens/Myrtle area, vehicle as well as pedestrian traffic. Mayor Harycki briefly spoke of the City's radar check-out program, and also noted the Council is looking for a traffic calming school that police and public works staff could attend. Ellie Samuelson, 904 S. Third St., thanked the Council for honoring .Eric Anderson with the Human Rights Award. STAFF REPORTS Police Chief Gannaway encouraged neighborhoods to hold a block party on National Night Out and said every attempt would be made to have an officer and fire equipment show up at the gatherings. Mayor Harycki asked Chief Gannaway for an update on the enforcement of the City's noise ordinance. Chief Gannaway said he had just requested.officers, particularly the motorcycle officers, to step up enforcement. Councilmember Polehna expressed a concern about vehicle speed through neighborhoods due to the Manning Avenue detour as well as signage for businesses affected by the detour; he said he had contacted the Washington County Highway Department regarding his concerns and said the County will be installing additional signage directing vehicles to the businesses, but said there is still a concern about the speed of vehicles entering Legends and Liberty developments. Councilmember Polehna asked the Chief to step up patrols and be proactive regarding the speed issue. Mayor Harycki agreed with Councilmember Polehna's concerns about speeding. . Fire Chief Glaser reported that the fire department cannot cross the lift bridge due to the recent damage. He noted Stillwater's Fire Department has a mutual aid agreement with St. Joseph Township, and St. Joseph's vehicles cannot enter Stillwater either. He said for the Lumberjack Days fireworks, vehicles will have to go to Hudson to cross the river. City Clerk Ward stated that candidate filings closed at 5 p.m. July 15, and she listed those candidates who had filed for office. She noted the Ward 2 council position will be on the primary ballot on Sept. 9. Public Works Director Sanders reminded the Council and audience the lift bridge will be closed July 16-22, reopen for Lumberjack Days, and close again to traffic July 28 through the completion date, which MnDOT estimates to be Aug. 8. Mayor Harycki pointed out there is a Page 4 of 9 City Council Meeting July 15, 2008 section of concrete on the lift section that is damaged; Mr. Sanders said he would communicate that to MnDOT. Councilmember Milbrandt pointed out that when the bridge reopens for Lumberjack Days, traffic will still be restricted to cars and light trucks. City Administrator Hansen told the Council that he and all department heads have been taking emergency management training, which includes three internet training sessions and a two- day class, one day of which is scheduled the same day as the Council's first meeting in August. CONSENT AGENDA* Motion by Councilmember Milbrandt, seconded by Councilmember Gag, moved approval of the Consent Agenda. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Resolution 2008-92 directing payment of bills Possible approval to purchase a printer - Administration Department Possible approval of utility bill adjustments Resolution 2008-93, resolution to enter contract between Washington Conservation District for the East Metro Water Resource Education Program (EMWREP)' Acceptance of Board of Water Commissioner's Financial Statement for period ending December 31, 2006 and 2007 PUBLIC HEARINGS - Out of respect for others in attendance. please limit your comments to 10 minutes or less. UNFINISHED BUSINESS Discussion on sandwich board/siQns City Attorney Magnuson reviewed his memo related to sign boards on Main Street. He noted the City's current ordinance prohibits sign boards. He said the Council could amend the ordinance to regulate the signage, but that does not address the issue of state law which prohibits advertising or other signage in the state right-of-way. He pointed out the right-of-way goes from building face to building face on Main Street; he suggested the City could ask MnDOT to amend its Order describing the right-of-way to exclude the sidewalk and establish the right-of-way at the street curb. He stated his recommendation against having regulations that are not enforced or are enforced selectively, which he said is bad for the administration of justice and for the confidence people have in local government. Mayor Harycki asked about the process for requesting MnDOT to change the right-of-way. City Attorney Magnuson suggested it would be appropriate to pass a resolution directing staff to prepare the necessary paper work for changing the Order for the right-of-way. Councilmember Polehna said he thought it would be a good idea, noting that the City currently is responsible for maintaining the sidewalks and ought to have control of them. Page 5 of 9 City Council Meeting July 15, 2008 Motion by Councilmember Polehna, seconded by Mayor Harycki to direct staff to proceed with preparing the appropriate paperwork to change the right-of-way. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Councilmember Milbrandt asked about the course of action until the City hears back from MnDOT. There was discussion about the City's existing ordinance and state statute. Mayor Harycki noted the Chamber has prepared a compromise position regarding sign boards. Councilmember Gag suggested there needs to be a lot of work and thought put into developing guidelines/ordinances to ensure the City has a safe and attractive street system. Councilmember Milbrandt asked what steps had been taken regarding enforcement. Community Development Director Turnblad said informational brochures had been sent, but no follow-up letters to businesses in the downtown area at this time. Mayor Harycki spoke against the current ordinance and in favor of developing new regulations. Councilmember Nyberg spoke in favor of repealing the current ordinance and then developing new regulations for sign boards, saying the City can't turn its back on an ordinance that is on the books. Councilmember Polehna agreed the City shouldn't selectively enforce its ordinances and suggested referring the issue to the Heritage Preservation Commission and/or the Planning Commission to develop new guidelines. Councilmember Milbrandt pointed out the Council will be receiving a recommendation from the Planning Commission to revisit the ordinances related to signage in the Highway 36 corridor and until such times as that is done, the Planning Commission is re~ommending that the ordinances not be enforced in that area. Councilmember Milbrandt said he would not be opposed to turning a deaf ear to enforcement of the ordinances and taking the winter months to develop new, sensible regulations/policies. Councilmember Milbrandt suggested appointing a task force with representatives of Planning and Heritage Preservation Commissions, downtown business owners/Chamber, and a Council representative. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to appoint a task force to look at the downtown's use of sidewalks, with the task forc~ to include two representatives from the HPC, two representatives from Planning Commission, two representatives nominated by the Chamber, two citizens at large, and one Councilmember. Councilmember Milbrandt added a due date of the first week in December for a recommendation to Council. All in favor. Motion by Councilmember Nyberg, seconded by Councilmember Polehna, to appoint Councilmember Gag as the Council representative on the task force. All in favor. Councilmember Nyberg asked about the status of the current ordinance and whether if would be enforced. Councilmember Milbrandt suggested requesting that local businesses present themselves to the best of their ability to visitors during the Republican National Convention and Lumberjack Days. City Attorney Magnuson suggested the City should still be able to respond and enforce the ordinances in instances of public safety while the task force study is under way. Councilmember Gag asked that the task force study address the issues of appropriate cigarette containers and cleaning of sidewalks; Councilmember Nyberg asked that sidewalk chalk drawings be added to the agenda. Page 6 of 9 , City Council Meeting July 15, 2008 NEW BUSINESS Noise Variance ReQuest - Lisa McNeil - 1309 Meadowlark Drive City Clerk Ward stated Ms. McNeil has requested a variance to the noise ordinance until 11 or 11 :30 p.m. to provide for enough time for cleanup after a family reunion/graduation/pool party. Councilmember Milbrandt pointed out there is a misconception that a variance gives carte blanch to have music as loud as they want, but if a complaint is received after 10 p.m., police will still investigate. City Clerk Ward said she would indicate in her response to Ms. McNeil that if any complaints are received, police will respond. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to grant the variance until 11 :30 p.m., with the condition noted that police will respond to any complaints. All in favor. Possible approval of plans & specifications and authorization for bids for 2008 Sidewalk Proiect. Councilmember Nyberg asked if staff had checked on the parcel in question on Main Street. Public Works Director Sanders responded in the affirmative and said that owner was incorrectly notified the parcel would be in the project. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2008-94, to approve plans & specifications and ordering advertisement for bids for the 2008 Sidewalk Rehabilitation Project (Project 2008-05). Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible adoption of resolution supportino a permanent heioht reduction for Stillwater Lift Bridoe Mayor Harycki stated this issue came up in conjunction with efforts to get truck traffic off Main Street and out of downtown. He noted that state legislators will not support a permanent ban on trucks, so requesting MnDOT to keep the temporary height restrictions, 8'6" down from 13'2", was seen as a possible alternative. Councilmember Gag suggested exempting public service vehicles. Mayor Harycki said he was suggesting sending a letter to MnDOT and the City's state legislators requesting a permanent reduction in the height limitation, with an exemption for public safety vehicles. Councilmember Milbrandt asked that a draft of the letter be submitted to Council at the next meeting for review. Discussion on meetino dates Mayor Harycki stated there are some meeting date conflicts due to the upcoming elections. City Clerk Ward noted that the first Council meeting in August has been moved to the second Tuesday of the month due to National Night Out; she asked if the Council wished to keep the date as the second Tuesday or change it to the first Monday, August 4. Several members indicated they will be out of town that week, and it was agreed to leave the meeting as the second Tuesday. City Clerk Ward asked that the Council consider meeting on Tuesday, Oct. 28, as November 4 is the general election and the following Tuesday is Veterans' Day. Page 7 of 9 , City Council Meeting July 15, 2008 Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to move the first meeting in November to Tuesday, October 28, 2008. All in favor. . City Clerk Ward also noted their will be a municipal primary election and asked the Council to set the meeting of the Canvassing Board for 8 a.m. September 11 and the Canvassing Board for the general election for 8 a.m. November 6. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to schedule the Canvassing Board meetings as requested by City Clerk Ward. All in favor.. Capital Day at the State Fair Mayor Harycki told the Council the City has received an invitation from the Sesquicentennial Committee to have representation at the State Fair in recognition of the City's status of runner- up for Capitol for a Day. The Chamber and CVB will have space at the Fair to pass out literature promoting Stillwater. Mayor Harycki also stated the City had been invited to participate in the parade that day. Chamber Executive Director Jennifer Severson said the Chamber was willing to coordinate efforts for Capitol for a Day if someone from the City would provide some input. She said there is an opportunity to have a float in the parade, August 24, as well as the informational booth. She invited volunteers from the community as well as from the Councilor staff to help. COMMUNlcA TIONS/REQUESTS Councilmember Nyberg said the group seeking to find a place for an indoor skate park is under some time constraints as to how long they might be able to hold their spot and the donated ramps. Mayor Harycki said he had talked with the landlord and believed the space had been leased to a different party, so the main issue at this point is the ramps. Mayor Harycki explained the issue is finding a location where an indoor skate park is a permitted use under the City's zoning ordinance. Community Development Director Turnblad said the core issue is that the property that had been leased is zoned for office uses only.' Mr. Turnblad said the City's skate park is located a short distance away but is zoned differently. City Administrator Hansen noted there are also some fire code issues related to the ramps. It was agreed that Councilmember Nyberg and Mr. Turnblad would look into the issue further and try to find a suitable location. COUNCIL REQUEST ITEMS Councilmember Polehna asked staff if the City has a tree planting program, similar to its bench program, as he had been contacted by someone interested in donating some trees to the City. Councilmember Polehna provided a brochure and suggested the City might want to consider having some type of memorial tree planting program. Page 8 of 9 , City Council Meeting July 15, 2008 STAFF REPORTS (continued) Finance Director Harrison stated that due to the change in the first meeting in August, there will be a four-week lag between payment of bills. To avoid late payment fees, she asked Council approval to issue manual checks for those bills that would result in late payment fees. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to approve the issuance of the manual checks as needed. All in favor. Public Works Director Sanders noted the lift bridge would close at 9 a.m. July 16 and reopen at 5 a.m. July 23. ADJOURNMENT Motion by Councilmember Nyberg, seconded by Councilmember Polehna, moved to adjourn at 8:30 p.m. All in favor. Wally Milbrandt, Vice Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2008-92 directing payment of bills Resolution 2008-93, resolution to enter contract between Washington Conservation District for the East Metro Water Resource Education Program (EMWREP) Resolution 2008-94, approve plans & specifications and ordering advertisement for bids for 2008 Sidewalk Rehabilitation Project (Project 2008-05). Page 9 of 9 ,; City of Stillwater Special City CounCil Meeting July 22, 2008 Mayor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Staff: City Administrator Hansen Finance Director Harrison City Attorney Magnuson OTHER BUSINESS Budaet Discussion Enaineerina. Streets. Parks. Sanitary Sewer. Storm Sewer and Signs/Liahtina Finance Director Harrison referred to her memo highlighting the significant changes in the proposed budget. Public Works Director Sanders stated for the Engineering Department, the actual decrease in operating budget from last year is $24,000, a 6.2 percent decrease. Mayor Harycki noted that some of that decrease is a result of transfer of salaries; Mr. Sanders said the salary transfers relate to part-time, summer help charged to construction projects. In the Street Department, Mr. Sanders said the proposal represents an overall decrease in the operating budget of $25,000 from last year, and that includes taking into consideration the increase in fuel cost and the personnel changes that have been requested. There was discussion of the personnel changes and level of service. There was discussion about the use of summer interns and the duties that interns can perform. Councilmember Milbrandt said at some point he would like to see a breakdown in hours spent on duties/functions to consider in a decision to possibly outsource some functions. Mr. Sanders explained the requested capital purchases, which includes a loader to replace a grader and replacement trailer for asphalt patching. Regarding the Parks Department, Mayor Harycki asked about the operation/programming of Teddy Bear Park and whether the City had assumed that role. City Administrator Hansen said park donor, Mr. Armstrong, had committed to continuing the programming at least through 2009; the City will make a contribution of $15,000 for next year for maintenance. Mr. Hansen also stated the City will be making an increased effort to promote the rental of the building at Teddy Bear Park, as requested by Mr. Armstrong. There was discussion of the cost of park/play equipment and possibly placing money in reserve for future replacement. Mayor Harycki raised the '- Special City Council Meeting July 22, 2008 recycling containers in the parks; Tim Thomsen reviewed the. City's various recycling efforts. Councilmember Polehna described the use of recycling containers in County parks. Councilmember Milbrandt asked about a proposed expenditure for "other services;" Mr. Sanders explained that is for the services of the City Forester. There was discussion of park maintenance; Councilmember Nyberg pointed out that one of the Park Board's priorities is irrigation of high-use parks, but that has been limited by budget constraints. Councilmember Milbrandt suggested that perhaps the staff person for the Parks Board should be from the Public Works Department, rather than Planning/Community Development. There was discussion of .the possibility of beginning work on Lowell Park before the completion of the levee wall project. Mr. Sanders noted that Sanitary Sewer is a revenue fund; there is a proposed 2.9 percent, $35,000 increase in the operational budget due to increases in fuel cost, electricity, etc. Councilmember Gag asked about oversight of rate increases; Mr. Sanders said that is through public hearings conducted by the Met Council. City Administrator Hansen stated City increases are due to the larger number of houses served each year, a number that reflects what the City is charged by Met Council; Mr. Hansen said the intent is to basically break even with the sanitary sewer rate. There was discussion about lining the sewers in the downtown area. Ms. Harrison reviewed some changes in the Storm Sewer budget due to the Surface Water Management program/law. There were no questions regarding Signs/Lighting. Mayor Harycki recapped issues with these proposed budgets as recycling in the parks and use of interns/seasonal help. There was discussion of break times and efficiencies. There was discussion about possibly trading some winter hours for summer hours, the possibility of hiring additional summer seasonal help or outsourcing some duties. Councilmember Nyberg spoke in favor of putting money away for future park equipment replacement. Mr. Sanders addressed the issue of rising fuel costs and said there are opportunities for some cost savings, including the possibility of participating in a consortium for the purchase of fuel. Management Information Systems MIS Specialist Holman reviewed her memo regarding computers for the police squad cars and the reasons for going to a new system. It was noted there is not much change in the MIS proposed operating budget. Councilmember Milbrandt asked about the difference in cost between a computer for the Streets Department and one for the Engineering Department; Ms. Holman said that was a typo, it should be two computers for Engineering at a total cost of $2,400. There was discussion of cabling upgrades versus wireless. Councilmember Gag asked Ms. Holman if she saw any major needs in the future; Ms. Holman responded that she thought the server would have to be replaced, speaking of problems created by the room where the server is located. Mayor Harycki asked about the library computers; Ms. Holman explained the City's and Washington County's responsibility for the library service. Page 2 of 6 Special City Council Meeting July 22, 2008 St. Croix Valley Recreation Center Finance Director Harrison told the Council that Recreation Center revenues exceeded expenditures by $276,000 in 2007. The excess revenues will be applied to the debt service, it was noted. It also was noted that money is set aside each year for replacement/upgrade of equipment, such as turf for the field house. Doug Brady, manager, reviewed some of the programming and rates for the coming season. There was a question about the proposed purchase of a skid loader; Mr. Brady explained half the money for the purchase had been put away last year (2008). There was discussion about sharing equipment with Public Works. There was a question about clocks in the locker rooms; Mr. Brady said the clocks had been removed from the budget. Stillwater Public Library Lynne Bertalmio, Director, informed the Council the library had received donations to enable the purchase of 300 chairs and tables to seat 300 to get the library's rental program off to a good start. In addition, the donors have agreed to pay a year's costfor a coordinator to market the rental program. Ms. Bertalmio reviewed the library budget request, with a major component being the restoration of Sunday hours and materials purchase. Ms. Bertalmio reviewed the areas of increases, noting that 72 percent of the library's budget is personnel. She also spoke to an upcoming increase in insurance costs. There was a question about janitorial services. Councilmember Milbrandt asked about the proposed purchase of an additional self-checkout machine; Ms. Bertalmio responded that there are lines waiting for self-checkout and machines are less expensive than people. There was a question about computer replacement; Ms. Bertalmio said the library is on a four-year replacement schedule so they are hoping to replace one-quarter of the computers. A correction in figures was noted: $10,000 in new public computer stations and $18,000, rather than $23,000, for replacement computers. There was discussion about wedding rentals and the noise issue. City Attorney City Attorney Magnuson said the only proposed increase is the increase in fixed retainer. He provided a breakdown of prosecution efforts and hard expenses, which were up 10.25 percent due to increases in rent, wages, etc. It was noted there has been a marked decrease in billable work due to the slowdown in development. Councilmember Nyberg asked about the cost of wages, withholding, etc.; Mr. Magnuson said that is not his salary, he pays a bookkeeper, two secretaries, another employee- out of pocket expenses - as is the rent. It was noted that the proposed increase in retainer is a 3 percent increase. Councilmember Nyberg asked about having a city attorney on staff; Mr. Magnuson stated that outside of Minneapolis and St. Paul, the only metropolitan area city that has done that is the City of Bloomington, and he addressed the reasons for suburban cities not having an attorney on staff. There was discussion of the possible impact of the City's new administrative citations. Mr. Magnuson also spoke to difficulties created by the state and county budget cuts in the court system. Page 3 of 6 Special City Council Meeting July 22, 2008 Mavor and Council City Administrator Hansen pointed out that with the upcoming elections; family insurance had to be added to the budget for at least one member, possibly two, as it is not known who will get elected. The only other change, he said, is the addition of $6,024 for membership in Metro Cities. He noted that under contractual services, there is $33,500 for lobbying efforts, which the Council has indicated it wished to discuss. Councilmember Milbrandt suggested dropping membership in the National League of Cities to cover the cost of membership in Metro Cities. There. was discussion about lobbying efforts; with Mayor Harycki pointing out that lobbying efforts related to the new bridge ought to be focused in St. Paul and Madison and questioned efforts related to the levee wall given the position of the Corps of Engineers. The Mayor noted that the third previous effort - an armory - has taken care of itself. Mayor Harycki suggested that what remains to be done on the three issues could be done by the City/Council. Councilmember Milbrandt suggested giving the lobbyist the required 90-day notice. Mayor Harycki suggested keeping some of the lobbying budget money in reserve for bridge-related efforts. There was discussion about the levee wall project and the cost of federal funding. Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to direct staff to utilize the 90-day out clause with the current lobbyist. All in favor. There was a question about the line-item for other professional services; it was agreed to put this as a follow-up item for August. It was also consensus to drop the National League membership. . FinancelWashinQton County RecvclinQ Finance Director Harrison said her budget increase basically is due to personnel and contractual rate increases. Ms. Harrison noted that the recycling fund is a grant from the County that is used to fund the residential recycling efforts. Councilmember Polehna suggested some of the grant money could be used to purchase recycling containers for the parks. . Administration City Administrator Hansen stated salaries are down due to the position freeze. Part-time salaries are up a little bit, due to the recording secretary position. Maintenance cost for equipment also is up, otherwise there is little change, he said. The good news is that the budget is down significantly. There was a question about the.increase for other professional services; Mr. Hansen noted that is for the labor attorney and all six union contracts are up in 2009. Councilmember Milbrandt questioned the proposed purchase of a projector; Mr. Hansen stated he would get more information regarding the request. Page 4 of 6 Special City Council Meeting July 22, 2008 City Hall City Administrator Hansen noted there is no longer an employee for City Hall for maintenance. He said the $25,000 under contractual is for cleaning services and generally the contract for service is working well, with some assistance from Public Works. Other professional services relates to an agreement for heating and cooling systems, he said. Mr. Hansen requested to carry over $69,000 for water proofing. Unallocated Unallocated, Mr. Hansen said, relates to retirees' medical expenses; he noted that anyone hired prior to 1988 is eligible for that benefit. He noted that Community Volunteer Services and Youth Service Bureau also is included in this category, and based on Council direction, the agencies were given a zero percent increase. There was a question about funding for the Lucy Winton Bell complex. Mr. Hansen said that last year, the Council eliminated funding entirely for that facility. Councilmember Milbrandt said he would like to put $5,000 in funding for the athletic complex, if possible. There was discussion about a possible increase in funding for the Youth Service Bureau. Special Events There was discussion about the City's 35 percent share of the Lumberjack Days' gate revenues. The professional services portion of the budget, Mr. Hansen said it relates to the outside police and fire personnel hired for Lumberjack Days. Under fireworks, he said the City's share was increased to $40,000. Ms. Harrison reviewed her information regarding the general tax levy. She said the exact figures won't be known until August, as the County's tax base won't be known until then. She reviewed the debt service levy and fiscal disparities funding. Using the local taxable value the County estimated back in April, about' a one percent increase, results in a tax rate of 48.402, she said. City Administrator Hansen noted that last year's budget process was made more difficult by the loss of $300,000 in LGA Mayor Harycki reviewed undecided items from the previous budget requests, including the vehicle purchase in the Fire Department, fire inspection fee, and future fire station. Mayor Harycki spoke to some potential overlaps in a new fire station and new armory and having a conversation to find out if there are any possibil.ities for a cooperative effort of some sort. Councilmember Nyberg said his priority would be the levee wall and fire station versus an armory. Councilmember Polehna spoke of the need for other communities to become involved if the City were to proceed with some type of community facility in conjunction with an armory. Councilmember Milbrandt said he would not be opposed to a "phone call" to explore the possibility of a fire station/armory, but said he would not be in favor of expending additional resources for a new fire station. Councilmember Nyberg said he would support a stand-alone fire station for the Page 5 of 6 Special City Council Meeting July 22, 2008 future. Councilmember Gag said at some point the Council needs to communicate the need to plan for a future fire hall or take the issue off the table, rather than continuing to circle the issue. City Administrator Hansen said he would make a call regarding the armory suggestion. Regarding the fire inspection fee, Councilmember Milbrandt suggested that for events such as Summer Tuesdays, there should be a flat fee, but said he wanted information on the current fees before making a decision on an alternate fee. There was discussion about the justification for the fee; Mayor Harycki stated the fee should not be a revenue producer, just cover cost. Councilmember Gag pointed out that last year, the Council directed Chief Glaser and other department heads to find ways to generate additional revenue. City Administrator Hansen pointed out that if the Council eliminates the fee entirely, it will have to find another $50,000 to cover the estimated lost revenue. There was discussion of the cost of inspections. Mayor Harycki summed up the discussion regarding the fire department budget: it was consensus to approve the requested vehicle purchase, remove the $100,000 related to the fire station, and get more information on the current insp~ction fee. There was discussion about increasing funding for street projects. Councilmember Nyberg asked about assessing city-wide for street projects. City Administrator Hansen said that is not possible because an increase in value has to be shown when assessing. There was discussion about possible ways to implement Councilmember Nyberg's suggestion. City Attorney Magnuson spoke to legal issues involved. Mr. Hansen talked of possible levy limits coming into play, and Ms. Harrison spoke of the impact on the tax rate. It was decided to discuss this further at another meeting. It was decided to address the remaining open budget items at a workshop session or special meeting in August. Ms. Harrison noted the hope is to adopt the budget the first meeting in September. The meeting was adjourned at 9:03 p.m. Wally Milbrandt, Vice Mayor ATTEST: Larry D. Hansen, City Administrator Page 6 of6 LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2008-95 3D Specialties, Inc. Ace Hardware Advanced Sportswear Ancom Communication, Inc. APWA Archetype Signmakers ASCAP AT&T B J Haines Tree Service Ballis, Tom Big Ink Inc. Board of Water Commissioner Bonestroo Brines Market Carquest Auto Parts Cartridge World CATCO Parts and Service CCIS-Cross Connection COW Government, Inc. Clarey's Safety Equipment Clark, Luann Coca-Cola Bottling Company Cornerstone Land Surveying, Inc Curb Masters, Inc. Dakota Supply Group Dell Marketing L.P. Department of Natural Resources Dustcoating, Inc. Electric Pump Emergency Medical Services Fastenal Company Force America Forestry Suppliers,lnc. Frank Madden & Associates Galles Corporation GFOA Gopher State One Call, Inc. Grainger Graphics Media, LLC Greeder & Mondor Electric Co. Hydrocon Hydrologic IKON Office Solutions International Code Council, Inc Ped Xing Signs Equipment Repair Supplies Uniforms, Hockey Jerseys 2 VHF Pagers MN Chapter Dues & Member Fees Dasher Add Music License Fee Telephone Tree Removal from Meadowlark Park Reimburse for Minor Equipment Dasher Board July 2008 WAC Charges Boutwell Road Wetland Monitoring Lunches for Budget Meeting Equipment Repair Supplies Ink Cartridges Equipment Repair Supplies Test & Reports, Materials, Labor Printer Extinguisher Inspection Cleaning at City Hall/Public Works Soda for Concessions Stillwater Parking Garage/Topography Final Bill for 2007 Sidewalk Rehabilitation Project Light Bulbs Computer Equipment MN Future Resources Fund Decal/LAWCON Chloride for Dustcoating Gravel Roads Safety Hatch & Access Cover for Lift Station Medical Rescue Supplies General Supplies Equipment Repair Supplies General Supplies Arbitration & Administrative Hearings Janitorial Supplies GAAFR Review July 2008 Billable Tickets Equipment Repair Supplies Coated Ink Jet, Inkjet Bond Electrical Repairs Stillwater Clinic Pond Sprinkler Heads at Lily Lake Park Maintenance Agreement Annual Conference Fees 1,029.96 416.40 4,459.10 1,021.34 166.25 103.84 15.83 141.85 3,727.50 425.36 394.06 6,435.00 343.00 65.94 511.92 295.89 222.18 464.92 3,050.15 32.50 1,152.50 645.80 400.00 751.13 2,970.43 53.67 18.17 2,250.00 5,511.38 148.59 395.19 54.21 289.23 6,631.93 373.52 50.00 466.90 193.88 135.27 822.00 5,702.43 396.28 144.93 495.00 EXHIBIT" A" TO RESOLUTION #2008-95 J.H. Larson Electric Jansen Chad Johnson Controls Kirvida Fire, Inc. Kramer Jan L.T.G.Power League of MN Cities Insurance Trust Legislative Associates Linner Electric Co. LSA Design, Inc. Melstrom, Jeff Menards Metro Athletic Supply Metropolitan Council Midwest Fire & Rescue Supply Miller Excavating MN Dept of Labor & Industry MN Historical Society MN Ice Arena Managers MN Office Of Enterprise Technologies MN Recreation & Park Association NAPA Auto Parts NEOPOST Office Depot Oil Air Products, Inc. OnSite Sanitation Pioneer Rim and Wheel Co. Plant Health Associates Polehna, Michael Premier Glow ProAction Uniforms PROBUILD Professional Wireless Communications Pump & Meter Service, Inc. Quill Corporation R & R Specialties, Inc. Red Bud Supply, Inc. Riedell Shoes, Inc. RiverTown Newspaper Group Roeller, Jennifer Roof Tech Sprint PCS St. Croix Boat & Packet Co. St. Joseph Equipment Regulator for Water Heater Tuition Reimbursement Repairs to Air Conditioner Pumper 6108 Repairs Park Deposit Refund Equipment Repair Supplies LMCIT Claim #11058844 Professional Services Wiring for New Compressor Stillwater Parking Ramp Reimburse for Wook Boots Equipment Repair Supplies Volleyball Nets September 2008 Wastewater Charge Res-Q-Jak 2008 Street Project Pfreon/Misc Conference Registration Fall Conference Fees July 2008 Wide Area Network Usage 2008 Emerging Recreation Leaders Course Equipment Repair Supplies Standard Maintenance Office Supplies Equipment Repair Supplies Portable Restroom Rental Equipment Repair Supplies Professional Services through 06/30/08 Reimburse Mileage National Night Out Steel Toe Boot Charge for Move of Water Boiler Guardian Monthly Svc, Cell Antenna, Beacon Labor, Shop Supplies, Fuel Surcharge Supplies Repair Valves for Zamboni White Sandbag Skates for Resale Publications Reimburse for Mileage to User Group Meeting Air Compressor Installation Cell Phone July 2008 Arena Billing Equipment Repair Supplies Page 2 298.71 708.33 1,172.92 1,565.39 100.00 336.27 4,428.46 2,791.67 1,053.20 35,478.94 75.00 284.88 148.89 112,217.71 3,509.98 216,118.96 70.00 270.00 350.00 140.83 590.00 30.87 1,466.51 391.68 80.07 4,751.92 116.75 1,433.50 21.72 293.10 96.60 79.88 212.89 116.72 49.49 1,201. 70 112.65 2,186.14 77.00 56.16 292.87 344.04 36,909.11 521.57 EXHIBIT" A" TO RESOLUTION #2008-95 Stillwater Equipment Co Stillwater Medical Group Stillwater Public Library Foundation Stork Twin City Testing Corporation Sun Newspapers Sweeney Brothers T-Mobile T.A. Schifsky & Sons, Inc. Tessman Seed Co. - St. Paul Tri State Bobcat, Inc. Twin City Seed Company United Refrigeration, Inc. United Rentals University of Minnesota US Bank Valley Trophy Inc. Viking Industrial Center Wally Carlson & Sons, Inc. Washington County Transportation Waste Management Watson Company, Inc. Wenck Wicker, Steve Yocum Oil Company Youth Service Bureau Zack's Inc. Zee Medical Service Lights & Sirens for Polaris Ranger Vaccination July 4th Event Funds Professional Services2008 Street Project Summary Financial Report Window for Grader Cell phone Asphalt RIV Razor Pro Equipment Repair Supplies Seed Mixture Reznor Pilot Kit Equipment Repair Supplies Pesticide Applicator Recertification Workshop Acceptance Fees Add Name to Plaque Protective Gloves Diesel Fuel for Gen Set/Rec Center Road Striping 1st Payment of 2008 Garbage Assessment Snacks for Concessions Professional Services July 2008 Reimburse for Work Boots Fuel August 2008 Allocation General Supplies Medical Kit Supplies Page 3 2,393.83 48.00 3,015.00 595.90 693.90 726.57 51.62 6,193.18 766.80 234.46 580.43 454.48 2,273.14 220.00 575.00 7.99 163.80 1,380.24 9,794.28 28,643.02 215.09 1,885.77 30.00 15,813.86 27,000.00 177.12 152.70 RESOLUTION 2008-96 APPOINTING ELECTION JUDGES AND FIXING COMPENSATION BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the following named persons, shall be appointed as Election Judges, subject to the attendance of a two hour training to be held on August 20,21,27, or 28, 2008 at the City of Stillwater and Washington County Training for Head Judges held in June 200e, and eligible to serve at the Primary Election to be held on September 9,2008 and/or the General Election to be held on November 4,2008. Last Name First Name Address Agard Leslie Last Name First Name Address Deaner Marilyn Last Name First Name Address Knowles Kellie Koester Kathleen Last Name First Name Address Norris Robert Last Name First Name Address Swanson Lori BE IT FURTHER RESOLVED, that the compensation to be paid to the regular Judges of Election be, and the same is hereby fixed at $9.00 per hour; and the compensation for the Head Judges is hereby fixed at $11.55 per hour and that the City will provide food to judges as part of their compensation. Adopted by the Stillwater City Council this 12th day of August, 2008., Wally Milbrandt, Vice Mayor ATTEST: Diane F. Ward, City Clerk Memorandum To: Mayor and City Council From: Torry Kraftson, Assistant City Engineer~.R?( Date: August 1, 2008 Subject: 2007 Sidewalk Rehabilitation Project (project 2007-05) Acceptance of Work and Final Payment DISCUSSION The work on the above project has been completed. The contractor has submitted their applications for payment and required information to allow for final payment. If Council accepts the work and authorizes final payment the one-year warranty will begin. RECOMMENDATION Staff recommends that Council accept the work and authorize final payment to Curb Masters, Inc. in the amount of$751.13. ACTION REOUIRED If Council concurs with staff recommendation, Council should pass a motion adopting Resolution No. 2008-_, ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR 2007 SIDEWALK REHABILITATION PROJECT (PROJECT 2007-05) RESOLUTION 2008-97 ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR 2007 SIDEWALK REHABILITATION PROJECT (pROJECT 2007-05) WHEREAS, pursuant to a written contract signed between the City and Curb Masters, Inc. forrehabilitation of sidewalks on the 2007 Sidewalk Rehabilitation Project (Project 2007- 05) and their work has been completed with regard to the improvement in accordance with such contract, BE IT FURTHER RESOLVED: That the city clerk and mayor are hereby directed to issue a proper order for the final payment of $751.13 on such contract, takihg Curb Masters, Inc. receipt in full. Adopted by the Council, this 12th day of August 2008. Wally Milbran.dt, Vice Mayor Attest: Diane F. Ward, City Clerk Memorandum To: From: Mayor and City Council 1( Torry Kraftson, Assistant City Engineer~ July 24, 2008 Date: Subject: Stillwater Clinic Pond Project (Project 2005-07) Acceptance of Work and Final Payment DISCUSSION The work on the above project has been completed. The contractor has submitted their applications for payment and required information to allow for final payment. If Council accepts the work and authorizes final payment the one-year warranty will begin. RECOMMENDATION Staff recommends that Council accept the work and authorize final payment to Hydrocon, Inc. in the amount of$5,702.43. ACTION REQUIRED If Council concurs with staff recommendation, Council should pass a motion adopting Resolution No. 2008-_, ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR STILLWATER CLINIC POND PROJECT (PROJECT 2005-07) RESOLUTION 2008-98 ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR STILLWATER CLINIC POND PROJECT (pROJECT 2005-07) WHEREAS, pursuant to a written contract signed between Hydrocon, Inc. and the City of Stillwater for the Stillwater Clinic Pond Project (Project 2005-07), the work has been completed with regard to the improvement in accordance with such contract. BE IT FURTHER RESOLVED: That the city clerk and mayor are hereby directed to issue a proper order for the final payment of $5,702.43 on such contract, taking Hyrdocon, Inc. receipt in full. Adopted by the Council this 12th day of August 2008. Wally Milbrandt, Vice Mayor Attest: Diane F. Ward, City Clerk STAFF REQUEST ITEM Department: Community Development Date: 7/23/2008 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request approval to purchase a high resolution digital camera. 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) Money for this purchase was allocated in the 2008 Capital Outlay. Total cost for the purchase is $942.77. 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: Bill Turnblad Date: 7/25/2008 Item Amazon.com NeE Proex Photo Canon Digital Rebel XSi 12MP Digital SLR Camera with EF-S 18-55mm fj3.5-5.6 IS Lens (Black) $826.99 $849.99 $899.00 4GB SDHC CARD (SD 2.0 SPD Class 6) $17.13 $64.99 $40.00 Canon 2400 SLR Gadget Bag for EOS SLR Cameras $32.05 $19.79 $50.00 Tiffen 58mm UV Protection Filter $6.99 $49.49 $15.00 Sub Total $883.16 $984.26 $1,004.00 SALES TAX $59.61 $68.53 $67.77 Grand Total $942.77 $1,052.79 $1,071.77 o:t .... o I:: '" .) CO s:: 8: o s:: fJ S o u = o N 8 :t: CE ('. t:Il c '0. Co :c (f) >- III o . o ~ I- UJ UJ a: LL l.. CI) cu a.lra cu GlI- Q. .... l.. E ::::J .... ""'o-ov.!CO'l .- C l.. S ~ IV ..., W Q..- .n"", cuwQ.Q. . ... -. III l.. """ .- Q. ..., 'tJ CI) 0'1 C ::::J ... s::. .- ..., ::::J l.. CU c.2 CI) u.. v.! s::. ra 0 o ii: .- ~ ..., l.. CI) 'tJ ~ l.. = Q.,~ cu u cu a.. cu U g ra.e-~-;.! >::::J cu cu >;.i~:E ~~ g,~'5 ,..... (I) '- (I) ..c .:::.t. .!:! U (I)' Cl Cl o 0. ..... 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Corrosive TOTAL T INFORMATION ....I'-d,::-'" V'jr dl'J ",,1 ~n'l':; rr-ll'1r".1" 'a/VJ..... r;lir;t, rCifT1 P.O.- Type _ o CredIt Card: o Mastercard 0 Visa 0 Oiscover 0 Amerh;;an Express CredIt Card # Exp. Date 3-Dig1t Security # Invoice # o Billing Address Verified 0 Billing Zip Code Verified rtMM L( 6-3 ~75 {JW! 'ir;( f#fri7 '0 ;fSO--&O $/s-- ~s- Proex Phot 1 C:t~..O M 0 and Portrarl .. <.' arket 0 . . St".' rive I iwater, MN 55082 612/351-0033 STAFF REQUEST ITEM Department: Community Development Date: 7/23/2008 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request approval to purchase permit and case tracking software for the Planning Division. 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) Money for this purchase was allocated in the 2007 Capital Outlay. Total cost for the purchase is $8,552.61. 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: Bill Turnblad Date: 7/25/2008 PRICE QUOT A TION Date: 7/18/2008 PermitW orks - TR Systems, LLC 2074 East County Road E White Bear Lake, MN 55110 Quoted by: Maryn Lutz 651-762-2453 City of Stillwater 216 Fourth Street North Stillwater, MN 55082 Attn: Mike Pogge Description of Project or Services PermitWorks™ Geobase & Planning Modules $4,995.00 Implementation & Training Estimate Planning Module - 16 hours Conversion of Planning History -12 hours Rate: $115 per hour $3,220.00 Annual Support $ 995.00 Software Subtotal Sales Tax - Minnesota 6.5% Configuration Services Estimate $4,995.00 $ 337.61 $3,220.00 Total Cost Estimate $8,552.61 Approved by Title Date City of Service estimates are based on prior experience multiplied by our standard hourly rate. Price Quotations are Valid/or 120 Days unless specified otherwise in writing. Estimated costs cover only those products! services described above. Any services provided outside this quotation will be billed at the standard hourly rate. Products purchases are invoiced at the time o/installation and payment is due within 30 days. Services are invoiced monthly. and payment is due within 30 days. STAFF REQUEST ITEM I Department: MIS I Date: 08/01/08 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request to renew licenses for Backup software for the City's servers. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Total cost $1107.68. Money has been allocated for this in the 2008 operating budget. 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: 08/01108 Page 1 · The Right Technology. Right Away. 1M SALES QUOTATION www.CDWG.com 800-808-4239 ROSE HOLMAN ~ 216 4TH ST N L L CITY OF STILLWATER T STILLWATER, MN 55082-4807 o CITY OF STILLWATER ~ 216 4TH ST N I P ROSE HOLMAN T STILLWATER, MN 55082-4898 o Contact: ROSE HOLMAN 651-430-8804 Customer Phone # 6514308804 Customer P.O. # SYMANTEC RENEWAQUOTE 1 1479882 RNW BE SRV 12 WIN ESS 1+ 124.69 124.69 Mfg#: SY4-14053873 Contract: MN NORTH CENTRAL COOP CONTRACT 006.1G 1 1479900 RNW BE AGT SQL 12 ESS 1+ 124.69 124.69 Mfg#: SY4-14054031 Contract: MN NORTH CENTRAL COOP CONTRACT 006.1G 2 1405507 SYG BE AGT F/WIN SYSS 12 WIN STD+ESS 395.35 790.70 Mfg#: SY4-13571935 Contract: MN NORTH CENTRAL COOP CONTRACT 006.1G SUBTOTAL 1040.08 FREIGHT .00 SALES TAX 70.20 BUY WITH CONFIDENCE. CDW IS A FORTUNE 500 COMPANY. TOTAL . US Currency 1,110.28 COW Government, Inc. 230 North ~lwaukee Ave. Vernon Hills, IL 60061 General Phone: 847-371-5000 Fax: 847-419-6200 Account Manager's Direct Fax: 312-705-9247 Please remit payment to: CDW Government, Inc. 75 Remittance Drive Suite 1515 Chicago,IL 60675-1515 Memorandum To: From: Date: Mayor and City Council Diane Ward, City Clerk 08/06/2008 Subject: New On-sale 3.2% Liquor License - Northern Vineyards As required, a public hearing must be held for the issuance of new liquor licenses. A liquor license application has been received for an On-Sale 3.2% Liquor License from Minnesota Winegrowers Cooperative, DBA: Northern Vineyards located at 223 N. Main Street. Approval for the license should be contingent upon approval by Police, Finance, Fire, Building Departments and Minnesota Liquor Control. ACTION REQUIRED: If Council desires to issue a new On-Sale 3.2 liquor license they should pass a motion to adopt a resolution entitled APPROVING AN ON-SALE 3.2 % LIQUOR LICENSE FOR MINNESOTA WINEGROWERS COOPERATIVE; DBA: NORTHERN VINEYARDS APPROVING AN ON-SALE 3.2% LICENSE FOR MINr+-:IESOTA WINEGROWERS COOPERATIVE; DBA: NORTHERN VINEYARDS WHEREAS, an application has been received for a new On-sale 3.2% liquor license for Minnesota Winegrowers Cooperative; DBA: Northern Vineyards; and WHEREAS, a public hearing on the new liquor license was held on August 12, 2008; and WHEREAS, all required forms have been submitted and fees paid. NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the issuance of a new On-Sale 3.2% liquor license conditioned upon approval by Police, Fire, Building Inspection and Finance Departments, and Minnesota Liquor Control. Adopted by Council this 12th day of August, 2008 Wally Milbrandt, Vice Mayor Attest: Diane F. Ward, City Clerk ~ f Memorandum Date: July 2, 2008 To: Mayor and City Council Members Cc: City Administrator Larry Hansen From: Chief John Gannaway Subject: Emergency Operations Center As I mentioned at the July 1 City Council meeting, we are looking at making the Police/Fire Training room into a dual purpose room so it can also function as an Emergency Operations Center. An Emergency Operations Center (EOC) is a room/area/facility that functions as a central point for City Departments, elected officials, and other forms of government and vital agencies to plan, coordinate, and communicate response, rescue, and recovery in the event of large emergency event such as natural disaster or other catastrophe should occur. We first began this discussion over a year ago, and identified the Training Room and the most desirable location based upon the physical location and access to City technology. We were sidetracked in this process as we began working on and building the Mobile Command Post. The Mobile Command Post, in case of an emergency event, would be located at or nearby the actual scene of the event itself. Its function would be to serve as basically a satellite location to help coordinate the response on the scene. The majority of planning, coordinating, long-term recovery, and executive decisi~n making would come from the EOC. To be frank, the tornado that devastated Hugo spurred our EOC process again. While many things went right in Hugo, one of the glaring needs was for a central EOC, as city officials and other entities were operating from their own individual offices and communication/response became jumbled at times. We did discuss alternate EOC locations within the City. The two that were discussed were at the new Public Works facility and the Washington County Emergency Operations Center,.located in the subterranean level ofthe Sheriff's Office. The Public Works facility definitely has the room, but has no infrastructure/technology built in and we would have to start from scratch, making it financially difficult. It is also not centrally located in the City. The Washington County EOC, while having substantial infrastructure and technology already built, does not have access to our technology, which would be essential in a crisis, is not centrally located in the City, and has limited key-card access to Washington County personnel (which could be rectified, but could .create some temporary bureaucratic headaches). ~ , We did discuss potentially using those locations as secondary facilities, should some kind of event occur at or near City Hall. We have identified some upgrades necessary to make the Training Room better equipped to handle EOC operations. While City Hall currently has generator/emergency power, it does not extend to the Training Room. The emergency power is essential to power the technology needed to help facilitate an emergency operation. There are some technology upgrades that are essential. New televisions are needed and are essential in an EOC to monitor media reports/weather updates, etc... They can also assist in displaying computer information relevant to the operation. We had a 'Smart Board' donated, but we will need a new power point projector and a podium compatible to this ~ardware. These upgrades will cost in the neighborhood of $7,500, and we have that available ($6,300 in Civil Defense, originally budgeted for an EOC, $1,500 in Command Post Maintenance, and some Fire Dept. funding). These upgrades will also have a multipurpose, as it will be used for the multiple training sessions that occur in the room. .> Emergency Operations Center Costs Upgrade Electrical and put on Generator 2 - 47" LCD Televisions Mounting hardware for televisions Media Podium Power Strips Projector TOTAL * We have $6300.00 in the EOC budget. $1,500.00 $2,150.00 $600.00 $2,200.00 $120.00 $1,000.00 $7,570.00 ) Memo Community Development Department To: CC: From: Date: Re: City Council Larry Hansen and Bill Turnblad n Michel Pogge, City Planner '^~ Friday, August 08, 2008 Downtown Sidewalk Task Force At the request of the Council, staff has placed notice on the City's website and worked with local media to solicit persons to serve on the Downtown Sidewalk Task Force. The following people have indicated their desire to serve on this task force: City Council Representative Rob Gag (WI) Heritage Preservation Commission Representatives Phil Eastwood (W2) Roger Tomten (WI) Planning Commission Representative Erica Fultz (W2) Chamber of Commerce Representatives Jennifer Safe, Supreme Bean Scott Zahren, Alesci Furniture Gallery At-Large Representative Debra Stiles (W4) Only one representative has been identified to serve in both the Planning Commission and At-Large positions. Staff anticipates that the first meeting will be August 20, 2008. Recommendation Review and consider approving the above individuals to serve on the Downtown Sidewalk Task Force. 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 MEMORANDUM TO: Mayor and City Council FROM: Torry Kraftson, Assistant City Engineer ~ R- ~ DATE: July 21,2008 RE: Storm Sewer Improvements Greeley Street! Curve Crest Boulevard Intersection DISCUSSION: During significant rainfall events, runoff pools to a depth of several inches in Curve Crest Boulevard just west of Greeley Street. This drainage on the roadway creates unsafe driving conditions for vehicles. The intersection was designed so that runoff on eastbound Curve Crest Boulevard flows through a curb cut in the median and across the westbound lanes to a catch basin in the northwest comer of the intersection. The drainage problems are primarily due to a lack of catch basins and flat pavement grades. To improve the drainage situation it is proposed that 3 catch basins be added to the intersection. A topographic survey and storm sewer plan have been completed. Two quotes have been received for the work and are summarized as follows: Burschville Construction, Inc. Fuhr Trenching, Inc. $50,335.00 $34,330.24 It is proposed that the project be paid for with money from the Storm Water Utility Fund. RECOMMENDATION It is recommended that Council approve the quotes and award the project to Fuhr Trenching, Inc. in the amount of $34,330.24. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting the Resolution 2008- AWARDING THE WORK FOR THE CURVE CREST BOULEVARD DRAINAGE IMPROVEMENTS TO FUHR TRENCHING, INC. ACCEPTING QUOTES AND AWARDING CONTRACT FOR CURVE CREST BOULEV ARD DRAINAGE IMPROVEMENTS PROJECT (Project 2008-03) WHEREAS, quotes for the Curve Crest Boulevard Drainage Improvement Project were received, opened and tabulated according to law and it appears that Fuhr Trenching of Stillwater, Minnesota has the lowest responsible quote. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILL WATER, MINNESOTA, The Mayor and Clerk are hereby authorized and directed to enter into a contract with Fuhr Trenching of Stillwater, Minnesota in the name of the City of Stillwater for the improvement of Curve Crest Boulevard Drainage according to the plans and specifications on file in the office of the City Clerk. Adopted by the City Council this 12th day of August 2008. Wally Milbrandt, Vice Mayor ATTEST: Diane F. Ward, City Clerk 4' BITUMINOUS PARKING WESTBOUND CURVE CREST BOULEVARD EASTBOUND CURVE CREST BOULEVARD » » • BITUMINOUS Ater THE BIRTHPLACE OF MINNESOTA » » CONCRETE 1- w w re F— co >> >- w _J w w EXISTING CATCH BASIN PROPOSED CATCH BASINS 1 0 15 30 ■ SCALE IN 60 FEET CURVE CREST BLVD. / GREELEY ST. DRAINAGE IMPROVEMENT SKETH J Memo Community Development Department To: CC: From: Date: Re: City Council Larry Hansen and Bill Turnblad Michel Pogge, City Planner ~ Friday, August 08, 2008 r"'r West Business Park Signage Edina Realty opened their office at 14430 N 60th Street in about 2003. At that time the company requested a variance to allow a freestanding sign in addition to their wall sign.The City's sign ordinance allows either a freestanding sign or a wall sign, but not both. The Planning Commission denied the variance request on May 12, 2003. Sometime after the denial the freestanding sign was erected. In late spring ofthis year several council members urged staffto enforce the City's sign ordinance. That effort began in the West Business Park area by driving past each property and taking note of non-compliant signage. One of the non-compliant signs identified in this way was the freestanding Edina Realty sign. Consequently a courtesy notice was sent notifying Edina Realty of the sign code violation and asking them to bring the property into compliance. In response to the courtesy notice, Edina Realty made application for a variance to allow both the freestanding sign and the wall sign to remain in place. The purpose of the variance process is to allow variation from the strict application of the terms of the Zoning Ordinance where, by reason of the exceptional narrowness, shallowness or unusual shape of a specific piece of property or by reason of exceptional size, shape, topographic conditions, the literal enforcement of the terms of the ordinance would create a hardship. In this case, the size of the lot, building massing and Highway 36 frontage location are not unusual or exceptional characteristics peculiar to the subject property. A variance does not seem appropriate for this case. Due to this the Planning Commission requested the Council consider changing the zoning code to allow for additional sign age for business in the BP zoning versus simply granting another variance. This change would require an amendment to the zoning code. 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 First, this issue is made difficult since about 60% of the corridor is controlled by a different jurisdiction (Oak Park Heights). Oak Park Heights currently allows both wall and freestanding signs on the same property within a set of strict regulations. If the Edina Realty site was in Oak Park Heights they would be permitted to have up to a total of 100 square feet of sign age or 135 square feet of signage if request a conditional use permit and agree to certain conditions (like landscaping, high level of design, etc.) Currently Edina Realty has just over 150 square feet of sign age on the site and fails to meet the design requirements that the Oak Park Heights code requires. Additionally, their 25 feet tall freestanding sign could only be 20 feet tall in Oak Park Heights. The other difficulty the City faces is historically the City has allowed additional sign age in the BP-C district with either a Variance or a Planned Unit Development permit. Examples include Lake Elmo Bank (variance), Famous Dave's (variance), Rose Floral & Greenhouse (variance), Target (PUD) and Cub Foods (PUD). By setting this pattern of allowing additional sign age places the City is in a difficult position to deny similar requests for exceptions to the Sign Code. Like many communities, Stillwater has historically had fairly strict sign regulations. For highway oriented business, like those on State Highway 36, it is not uncommon for communities to allow both a free standing and building signs. Stillwater has resisted this historically in order to have the regulations for business along highway 36 is similar to those for Downtown Business. To compensate a little for our code tends to allow businesses in the BP zoning district to have one slightly larger sign than what would normally be allowed by other a communities. If an amendment is done the City should consider reviewing the allowable sign sizes. If the Council finds it prudent to consider a code amendment staff would propose working with the Planning Commission to develop this code and then present it to the City Council for approval. Recommendation Discuss and provide direction on how to proceed. 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 ,. illwater ______ n____ _c--- 4.: ') j-{ City Council DATE: August 8,2008 ITEM: Motion Picture Production Permit Fee CITY COUNCIL DATE: August 11, 2008 PREP ARED BY: Michel Pogge, City Planner ~ DISCUSSION The City Council has discussed establishing permit fees for motion pictures that use City property. Currently, the City typically issues six permits per year for motion pictures. About half of the permits are issued to student's doing schoolj college projects. Commercial ventures using our property are required to pay for any extraordinary costs associated with the production such as police and public works assistance. Beyond covering city cost related to the request the City does not charge any group to use our property. At the request for the Council the Park and Recreation Commission considered two possible options: 1) Continue to only require that any extraordinary costs incurred by the City be covered by the permit holder. 2) In addition to covering extraordinary costs, the City could charge commercial users a permit fee. For example, Washington County currently charges commercial ventures $500.00 to use the Historic Courthouse for movie productions. It is worth noting that the City does receive the benefit of extra recognition each time a production is done in the community. Revenues generated by the permit fee would go to the City's general fund. PARK AND RECREATION COMMISSION RECOMMENDATION The Park and Recreation Commission discussed the issue at their December 17, 2007 meeting. Commission voted 5-1 (Nyberg voting no) to recommended Council continue to charge the (motion picture) permit holder only any extraordinary costs incurred by the City and regular park fees that might be involved for the use of a shelter or exclusive use of a park. STAFF RECOMMENDATION Review the issue and consider and action. ~ Stillwater City Council Meeting October 30, 2007 *** EXCERPT *** Councilmember Polehna asked whether the Park Board had looked at the issue of commercial use of the parks, for example, using a park for shooting of a commercial, movie or advertisement; Councilmember Nyberg said he didn't remember that issue being raised, only discussion of profit vs. not-for-profit groups. City Administrator Hansen noted that the City does have a separate ordinance related to motion pictures/commercials; rather than address the issue haphazardly, he suggested that staff be directed to look into the rates in that ordinance. Councilmember Polehna suggested the City will be seeing additional requests in the future, and those folks should be paying for use of a park facility. City Attorney Magnuson said he thought the issue should be addressed in the park policy. It was agreed to refer the issue of commercial use of parks to the Park Board. Stillwater City Council Meeting November 20, 2007 *** EXCERPT *** Movie Permit Ordinance City Administrator Hansen reviewed the process for issuing a Movie Permit within the City of Stillwater and that typically he issues approximately six per year. He informed the Council that about half of the permits issued are to student's doing a school/college project and that any commercial venture is required to pay for any extraordinary costs associated with the production such as police and public works assistance. He stated that any Movie Permit for a major movie production would come before the City Council for approval. Councilmember Polehna felt that any commercial venture should be charged a minimum of $500 for the permit and pay for any extraordinary costs as well. Mayor Harycki felt that any production done in the City would be a benefit as it would be portraying Stillwater. It was the consensus of the Council that the issue should be referred to the Park & Recreation Commission for their input and recommendation. City of Stillwater Parks and Recreation Board Dec. 17, 2007 *** EXCERPT *** Present: Linda Amrein, chair David Brandt, Scott Christensen, Rob McGarry, Adam Nyberg and Sandy Snell man Staff present: Planner Mike Pogge Absent: Cathy Sewilo Ms. Amrein called the meeting to order at 7:10 p.m. Motion picture production permits - Mr. Pogge told the Board that the City Council had asked that the Board consider a policy on motion pictures that are produced in parks. He noted that sometimes such uses require nothing extra from the City, but other times, there are special requests involved, such as police presence or a road closure, for '~xample. He noted that any time staff costs are incurred, the applicant is charged for those costs, but otherwise no fee is charged for a motion picture permit. He said typically about six permis are issued per year, about half to students and half to commercial ventures. He pointed out that such uses generate free advertising for the City, so there is some benefit even if a fee isn't charged for the permit. Washington County does charge a fee for such permit, he noted. Mr. Nyberg pointed out this issue came up when the Council was considering other user fees; he stated he didn't think a $500 fee would keep any potential users from filming here, and he said he thought students or other non-profit groups could be exempt from any fee. Ms. Snell man questioned the need to take any action at this point, given the number of permits involved. Mr. Nyberg noted the move has been to charge more park fees and wondered why the City shouldn't charge a commercial enterprise to utilize a park for making a movie; Ms. Amrein agreed with Mr. Nyberg, but said she thought news reports should be exempt. Mr. McGarry pointed out that other park fees are related to reserving a park shelter - the use of a structure - or exclusive use of a park; he spoke against charging a fee just to get money from a "commercial venture," and he questioned the need to institute a fee given the few number of permits that are issued each year. Mr. Nyberg moved to approve the permit fee as presented ($500), excluding news media and non-profit uses. Mr. McGarry seconded the motion to bring the issue to a vote. Mr. Brandt said he had an issue with charging $500 versus $100 for other park fees, and agreed it seems like a minor issue at this point. Motion failed 1-5, with Mr. Nyberg voting in favor. Mr. Brandt moved to continue to charge the (motion picture) permit holder only any extraordinary costs incurred by the City, other than regular park fees that might be involved such as use of a shelter or exclusive use of a park. Ms. Snellman seconded the motion; motion passed 5-1, with Mr. Nyberg voting no. Mr. Brandt and Mr. McGarry suggested that this would be an issue worth discussion for its citywide impacts, and it was suggested the issue could be brought back to the Board if the number of permits increases dramatically. MEMORANDUM TO: Mayor and City Council FROM: Torry Kraftson, Assistant City Engineer ~1( DATE: August 6, 2008 RE: 2008 Sidewalk Rehabilitation Project Project 2008-05 DISCUSSION: Bids for the 2008 Sidewalk Rehabilitation Project were opened on Wednesday, August 6th, 2008. The City received two bids with the low bid of $34,390.00 submitted by Curb Masters, Inc. (See attached resolution). The engineer's estimate for this project was $40,600.00. RECOMMENDATION I recommend that the City accept the bids submitted for the 2008 Sidewalk Rehabilitation Project, Project 2008-05 and award the contract to Curb Masters, Inc with a low bid of $34,390.00. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting the Resolution 2008- ACCEPTING BID AND AWARDING CONTRACT FOR 2008 SIDEWALK REHABILITATION PROJECT (PROJECT 2008-05). ACCEPTING BID AND AWARDING CONTRACT FOR 2008 SIDEWALK REHABILITATION PROJECT (Project 2008-05) WHEREAS, pursuant to an advertisement for bids for the 2008 Sidewalk Rehabilitation Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement; BIDDER BID AMOUNT Curb Masters, Inc., Stillwater, Minnesota $34,390.00 Bailey Construction, Stillwater, Minnesota $37,750.00 $40,600.00 ENGINEER'S ESTIMATE and WHEREAS, it appears that Curb Masters, Inc. of Stillwater, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILL WATER, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Curb Masters, Inc. of Stillwater, Minnesota in the name of the City of Stillwater for the rehabilitation of sidewalks according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 12th day of August 2008 Wally Milbrandt, Vice Mayor ATTEST: Diane F . Ward, City Clerk water . -~--.... MiNNrSOl.t\ ') City Council DATE: August 8, 2008 ITEM: Stillwater Water Board Well House in Legends Park at Deland Way and Baron Way. CITY COUNCIL DATE: August 11, 2008 PREPARED BY: Michel Pogge, City Planner ~ DISCUSSION The Stillwater Water Board has been searching for a location for a new well house in the southwest quadrant of the City. The only viable location found to date has been in Legends Park. The well house will require a structure that is approximately 40' x 30' for the pump and associated treatment equipment. The design of the pump house would be such that it would fit into the residential setting developed in Legends. PARK AND RECREATION COMMISSION RECOMMENDATION On July 28, 2008 the Park and Recreation Commission held a neighborhood open house and discussed the issue. No public comments were received against the proposed well house. Those who spoke at the meeting wanted to see the contribution from the Water Board spent in the park for new irrigation, a new pavilion, new playground equipment, and turf improvements. Commission voted 5-0 to recommended Council approval of the Water Boards request for a well site and that the funds being donated by the Water Board be designated for use in Legends Park. BACKGROUND The Water Board spent several years looking for a site that would provide sufficient water flows and water quality for the new well house. Due to potential impacts to Browns Creek the Water Board is limited by the DNR to placing any new well site in an area generally south of West Myrtle/75th Street North. After they were unable to locate a privately owned site for a new well the Water Board requested permission from the Park Commission and City Council in the fall of 2007 to conduct testing on the Legends Park site in order to determine if the park would be a viable well. The tests are now completed and show that the site could provide sufficient water supply and water quality for a well at this site. Well House in at Legends Park Page 2 If approved by the Council, the Water Board intends to return to the Park Commission in August or September with elevation designs of the building for review and approval by the Commission and the City Council. Additionally, the Water Board has indicated their willingness to complete $80,000 to $90,000 of improvements to the park in exchange for the ability to use a portion of the site for a well house. The type of improvements that could be done with these funds could include park irrigation, new play equipment, new picnic pavilion, turf improvements, etc. This is a limited amount of money so it may not be possible to do all of these improvements. STAFF RECOMMENDATION Consider conceptual approval of the request by the Water Board to install a well pump in Legends Park, subject to final architectural plan approval and the establishment of an escrow in the amount of $90,000 for park improvements in Legends Park. . MEMO TO: Mayor & Council FROM: City Administrator Hansen DATE: August 8, 2008 SUBJECT: Assignment Agreement - Riverview Parking Lot Gentlemen: As you may recall, in 2007 the City, Super Value, Inc. and the Veteran's M~morial Committee reached an agreement whereby the Veterans took over maintenance responsibilities ofthe above noted parking lot. This was done for a trial period of one year. In talking to all of the parties involved the agreement worked well. This new agreement extends the prior agreement for 3 more years. RECOMMENDATION: Council approval of a 3 year extension to the Assignment Agreement. . ASSIGNMENT This Assignment is made this _ day of , 2008 between the CITY OF STILL WATER, MINNESOTA, a Home Rule City of the Third Class ("City"); SUPER V ALU, INC., a Delaware Corporation, 421 South Third Street, Stillwater, Minnesota. 55082, and CUB, as Assignor, and VETERAN'S MEMORIAL COMMITTEE, P.O. Box 137, Stillwater, Minnesota 55082. ("Veterans" and "Assignee"). INTRODUCTION The City is the owner of Riverview Parking Lot and is also a party to a Parking Lot Maintenance Agreement with Cub that was effective March 7, 1995 and is attached to this Agreement as Exhibit "A" ("Maintenance Agreement"). It is Cub's intention to assign its rights under the Parking Lot Maintenance Agreement to the Veterans, which Assignment the Veterans are willing to accept, and it is the City's intention to consent to that Assignment, subject to the observation of the following conditions: 1. The Assignment will be effective for three years, effective July 1, 2008; 2. That the level of maintenance described in the Agreement and established by Cub during its term under the Maintenance Agreement must be followed by the Veterans; 3. Any snowplowing event, as described in the Maintenance Agreement, must be completed by 6:00 o'clock a.m. when Cub employees begin arriving for work and the surfaces of the parking lot and any cross walks used by Cub employees to reach their office building from the parking lot must be treated in a manner as to provide safe use and passage. 4. The City agrees to maintain the payment schedule established for the period July 1, 2007 through July 1, 2008 until adjusted pursuant to Section (g) on page 2 of the Maintenance Agreement. 5. That Cub agrees to pay to the City for the initial year of this Agreement, the sum of Ten and No/lOO Dollars ($10.00) per permit, per month, which will be payable to the City in equal quarterly installments, with the first two installments being due on August 1, 2008 and, thereafter, on the 30th of each September and December until fully paid for the first year, and then quarterly for the remainder of the term. 6. Out of sums received by City, ninety percent (90%) of each monthly installment must be remitted to the Veterans within ten (10) days of receipt with ten percent (10%) to be held by the City and reserved for the payment of future seal coating and resurfacing costs for the parking lot. 7. The Veterans agree to devote 100% of the funds receive~ from the City to the duties of maintenance as set forth in the Maintenance Agreement and use the funds received for no other purpose. 8. In all other ways, except as modified by this Assignment, the Maintenance Agreement will remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands this _ day of , 2008. SUPERV ALU, INC. By Its VETERANS MEMORIAL COMMITTEE By Its 2 CONSENT Dated: August 12, 2008 CITY OF STILLWATER Wally Milbrandt, Ma~or ATTEST Diane F . Ward, Clerk 3 EXHIBIT A MAINTENANCE AGREEMENT SPRING CLEAN-UP Remove all debris, leaves and other foreign material around trees, shrubs, flower beds, etc.; Trim shrubs and hedges as required; Police entire area for paper, cans, etc.; Seed as required; Replenish all mulch as required; and Ensure parking lot is swept and loose sand removed. MOWING Mow as necessary to maintain grass height of 2,5" - 4"; Trim around fence, shrubs, trees, etc., as necessary; and Blow all grass residue from pavers, walkways and other hard surfaces. FERTILIZER WEED CONTROL Apply fertilizer and weed control in Spring, Mid-Summer and Fall. TREE & SHRUB TRIMMING Trim trees to less than 12 feet tall annually; and Trim shrubs, as required, to maintain a uniform, neat appearance. FALL CLEAN-UP Same as Spring clean-up, minus trimming. WINTER MAINTENANCE Ensure all drives, walkways and parking areas are plowed prior to 0600 when 2" or more snow falls overnight; Clean-up residual snow within 24 hours of snow cessation; Remove snow from stairs and sidewalks in accordance with the above schedule; and Salt parking lots, sidewalks, crosswalks and stairs as required. MISCELLANEOUS Perform miscellaneous landscaping/beautification actions as directed by the Stillwater Veterans Memorial Board of Directors and/or Memorial Site Maintenance Coordinator. 4 Memorandum To: Mayor and City Council Shawn Sanders, Director of Public Works July 28, 2008 ~~ From: Date: Subject: Stop Sign Control Modifications DISCUSSION A few years ago, the City completed a Stop Sign Inventory study that analyzed the appropriateness of all of our current intersection controls. Staff has been making some of the recommended modifications from this report in the order of five or six each year. To continue with the process staff recommends we make modifications to the following intersections. o River Heights Drive and North 2nd Street- add westbound stop sign o Sycamore Street and North 2nd Street-add westbound stop sign o Laurel Street and North 2nd Street-add westbound stop sign o Olive Street and North 4th Street -add southbound stop sign o Stillwater Avenue and North 4th Street- add westbound stop sign Also, staff has had a few requests for the installation of stop signs at the intersection of William Street and Maple Street. According to the Minnesota Manual on Uniform Traffic Control Devices (MNMUTCD), Stop signs should not be used unless engineering judgement indicates that one or more of the following conditions exist: A. Intersections of a less important road with a main road and where application of the normal ofthe normal right-of-way rule would not be expected to provide reasonably safe operation; B. Street entering a through highway or street; C. Unsignalized intersection in a signalized area; and/or D. High speeds, restricted view or crash records that indicate a need for control of a STOP sign. After an analysis of the intersection it was determined that the sight distance is limited at the northeast corner of the intersection and meets the warrant for the installation of a stop sign. It is recommended that stop signs be installed on north and south bound William Street at Maple Street. The proposed changes will involve notification of immediate neighbors, advanced warnings and flagging. RECOMMENDATION As a result of the traffic study previously approved by Council, Council should authorize staff to make the recommended changes and add stop sign(s) at the above-mentioned locations. 2 Rug 08 2008 3:20PM Magnu50nLawFirm 651-439-5641 p.2 MAGNUSON LAw FIRM LICENSED IN MlNNESOT A. AND WrsOONSIN Tml DESCH OFI'Ia BTJILDJNG 3:33 Non.'IHMAlN S1'RBI!'P 8trrn! f#2()2 . STn.tWArn, MN ",",OB2 1'HLHPHONB: (6H) 439.9464 . FAX: (6S1)439-S641 WWW.MAc>>n1SmrLAwF:IIlM.COM DAVID T. MAGNUSON DTMAONUSON@MA~v.'Fl&M.COM JOHN D. MAGNuSON JDMAONTJ'SON@MAGNUlIONLAWFIIl.M0a4 MEMORANDUM TO: Mayor, City Council and Staff FR.OM: DATE: David T. Magnuson August 8, 2008 RE: Reque.st to Extend Mandatory Call Date on Territorial Springs, Series 2003 and 2004 Tax Increment B01W Both the 2003 and 2004 Tax Increment Revenue Bonds sold for the TetTa Springs Project had a manda.tory call date of August 1,2008. This is the initial call for the 2003 Bond. The 2004 first mandatory call date was last summer, but extended to coincide with the August 1 at date of this year. Because of market C'.onditions and because the project is not fully built out and on the tax rolls, there appears to be DO market for a restructured bond which would be needed to refund both of these existing bonds. Accordingly, the underwriter has asked, and the bond holders have lWcepted, a proposal to ertend the mandatory call date until August 1, 2009 with the hope that market conditions and occupancy conditions at the project will both improve by that time. If your approval is given by resolution tonight, it is with the understanding that the amending resolution will not be delivered until evidence is received of the consent of each of the Rug 08 2008 3:20PM Magnu50nLawFirm 651-439-5641 p.3 bond holders and the signatures are delivered to the City reaffirming the guarantors obligation to fund any deficiencies. I will be happy to answer any questions a.bout this. Respectfully~ ~~ Da.vid T. Magnu D Stillwater City ~ omey DTMljmo 2 .J RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 2004-188, A RESOLUTION AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR THE ISSUANCE OF A TAXABLE TAX INCREMENT REVENUE NOTE (TERRITORIAL SPRINGS, LLC PROJECT), SERIES 2004 BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota (the City), as follows: SECTION 1. RECITALS 1.01. Authorization. The City has heretofore authorized the establishment of a municipal development district designated as Development District No. 1 (the "Development District") pursuant to Minnesota Statutes, Sections 469.124-469.134, as amended. The City has heretofore approved the establishment of Tax Increment Financing District No. 10 (the "TIP District"), pursuant to Minnesota Statutes, Sections 469.174-469.179, as amended (the "Tax Increment Act"), within the Development District, and has adopted a tax increment financing plan for the purpose of financing certain improvements within the TIP District and the Development District. SECTION 2. BONDS. 2.01 Bonds. Pursuant to Minnesota Statutes, Section 469.176, the City was authorized to issue and sell its bonds for the purpose of financing a portion of the capital and administration costs of the Development District. Such bonds are payable from all or any portion of revenues derived from the TIP District and pledged to the payment of the bonds. The City determined that it was in the best interests of the City that it issue and sell a Taxable Tax Increment Revenue Note (Territorial Springs, LLC Project), Series 2004 in an original principal amount of $2,923,000 (the "Note"), for the purpose of financing certain capital and administration costs of the TIP District. SECTION 3. ISSUANCE. SALE AND TERMS OF THE NOTE. 3.01 Issuance of Note. The Note was issued in accordance with that certain Contract For Private Redevelopment between the City and Territorial Springs, LLC, a Minnesota limited liability company (the "Developer") dated August 19, 2003, as amended, (the "Agreement"). Dougherty Funding LLC (the "Remarketing Agent") was retained to arrange the sale of participations in the Note. The City authorized issuance of the Note in accordance with terms set forth in the Resolution. The Note is payable in semi-annual installments of principal and interest in the amounts, at the rates and on the dates (the "Payment Dates") as negotiated by the Remarketing Agent, the Developer and the City Administrator-Treasurer and set forth in the final form of the Note. '- SECTION 4. CHANGE IN MANDATORY TENDER DATE. 4.01 Mandatory Tender Date. Pursuant to the Remarketing Agreement, the Remarketing Agent has presented Consents of holders of participation interests in the 2004 Note that the Mandatory Tender Date of the 2004 Note be extended until August 1, 2009 to coincide with an August 1, 2009 Mandatory Tender Date of the $3,255,000.00 Taxable Tax Increment Revenue Note (Territorial Springs, LLC Project), Series 2003, and in order to address market rates that the interest rate be reset to 6.25% from its current rate of7.25% SECTION 5. AMENDMENTS. In order to facilitate the extension of the Mandatory Tender Date of the Note, and the reset of interest rates, Resolution No. 2004-188, as adopted by the City Council on September 15, 2004 (the "Resolution") is hereby amended as follows: 5.01. Section 1.02 of the Resolution is amended by changing the interest rate of the Note from 7.25% per annum to not to exceed 6.25% per annum. 5.02 Section 5 of the Note entitled "Mandatory Tender" is amended to hereafter read as follows: 5. Mandatory Tender. This Note is subject to mandatory tender for purchase on August 1, 2009 and on each five year anniversary thereof prior to the Maturity Date (collectively the "Purchase Date"). The purchase price of this Note on the Purchase Date is equal to the then outstanding principal amount of this Note plus accrued interest hereon to the Purchase Date (the "Purchase Price"). 5.03 That in the event that the Remarketing Agent markets participation in the Note to participants other than those presently holding a participation interest in the Note and that have consented to the extension of the Mandatory Tender Date then, and in that event, the Remarketing Agent is directed to modify the Private Placement Memorandum prepared for the initial private placement effort to comply with Amendments to Resolution No. 2004-188 and the Note that are made by this Resolution. SECTION 6. EFFECTIVE DATE. This Resolution is effective August 1, 2008, nunc pro tunc. SECTION 7. SAVING. In all other ways Resolution 2004-188 remains in full force and effect. Enacted by the City Council of the City of Stillwater this _ day of August, 2008. APPROVED: Ken Harycki, Mayor ATTEST: Diane Ward, City Clerk -2- AFFIRMATION OF GUARANTY 1. A Guaranty, dated as of September 1, 2004 (the "Guaranty") was made to induce Dougherty Funding, LLC, a limited liability company under the laws of the State of Delaware, and its successors and assigns including any future registered owners of the Note (defined below) (collectively or individually, the "Registered Owner") to purchase the Taxable Tax Increment Revenue Note (Territorial Springs, LLC Project), Series 2004, in the original aggregate principal amount of $2,923,000, issued by the City of Stillwater, Minnesota (the "City"), dated as of September 15, 2004 (the "Note"), pursuant to Resolution No. 2004-188 of the City dated as of September 15, 2004 (the "Resolution"). 2. At the request of Dougherty Funding, LLC, acting as Remarketing Agent, pursuant to a Remarketing Agreement existing between the City, Dougherty and Territorial Springs, LLC, the City will consider adopting its Resolution authorizing the extension of the Mandatory Tender Date of the Note from August 1,2008 to August 1,2009 on the condition that the Guaranty remain in effect and that the decrease in the interest rate and extension of the Mandatory Tender Date not be considered a waiver by the Holders of the Note or any other party benefited by the Guarantee of a right to act pursuant to the Guaranty. 3. The Guarantors, therefore, by this instrument and to induce the City to enact its Resolution extending the Mandatory Tender Date, hereby affirm the Guaranty as if restated verbatim and acknowledge and agree that the decrease in the interest rate and extension of the Mandatory Tender Date shall not be considered a waiver by the Holders of the Note or any other party benefited by the Guarantee of a right to act pursuant to the Guaranty. IN WITNESS WHEREOF, this Affirmation of Guaranty has been duly executed by the Guarantors as of this _ day of August, 2008. David Frauenshuh Brian Sweeney Gary Lindstrom Randy McKay Richard Wicka - 3 - .. RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 2003-230, A RESOLUTION AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR THE ISSUANCE OF A TAXABLE TAX INCREMENT REVENUE NOTE (TERRITORIAL SPRINGS, LLC PROJECT), SERIES 2003 BE IT RESOL YED by the City Council of the City of Stillwater, Minnesota (the City), as follows: SECTION 1. RECITALS 1. 0 1. Authorization. The City has heretofore authorized the establishment of a municipal development district designated as Development District No. 1 (the "Development District") pursuant to Minnesota Statutes, Sections 469.124-469.134, as amended. The City has heretofore approved the establishment of Tax Increment Financing District No. 10 (the "TIP District"), pursuant to Minnesota Statutes, Sections 469.174-469.179, as amended (the "Tax Increment Act"), within the Development District, and has adopted a tax increment financing plan for the purpose of financing certain improvements within the TIP District and the Development District. SECTION 2. BONDS. 2.01 Bonds. Pursuant to Minnesota Statutes, Section 469.176, the City was authorized to issue and sell its bonds for the purpose of financing a portion of the capital and administration costs of the Development District. Such bonds are payable from all or any portion of revenues derived from the TIP District and pledged to the payment of the bonds. The City determined that it was in the best interests of the City that it issue and sell a Taxable Tax Increment Revenue Note (Territorial Springs, LLC Project), Series 2003 in an original principal amount of $3,255,000.00 (the "Note"), for the purpose of financing certain capital and administration costs of the TIP District. SECTION 3. ISSUANCE~ SALE AND TERMS OF THE NOTE. 3.01 Issuance of Note. The Note was issued in accordance with that certain Contract For Private Redevelopment between the City and Territorial Springs, LLC, a Minnesota limited liability company (the "Developer") dated August 19, 2003, as amended, (the "Agreement"). Dougherty Funding LLC (the "Remarketing Agent") was retained to arrange the sale of participations in the Note. The City authorized issuance of the Note in accordance with terms set forth in the Resolution. The Note is payable in semi-annual installments of principal and interest in the amounts, at the rates and on the dates (the "Payment Dates") as negotiated by the Remarketing Agent, the Developer and the City Administrator-Treasurer and set forth in the final form of the Note. .. SECTION 4. CHANGE IN MANDATORY TENDER DATE. 4.01 Mandatory Tender Date. Pursuant to the Remarketing Agreement, the Remarketing Agent has presented Consents of holders of participation interests in the 2003 Note that the Mandatory Tender Date of the 2003 Note be extended until August 1, 2009 to coincide with an August 1, 2009 Mandatory Tender Date of the $2,923,000.00 Taxable Tax Increment Revenue Note (Territorial Springs, LLC Project), Series 2004, and in order to address market rates that the interest rate be reset to 6.25% from its current rate of 5.75% SECTION 5. AMENDMENTS. In order to facilitate the extension of the Mandatory Tender Date of the Note, and the reset of interest rates, Resolution No. 2003-230, as adopted by the City Council on October 28, 2003 (the "Resolution") is hereby amended as follows: 5.01. Section 1.02 of the Resolution is amended by changing the interest rate of the Note from 5.75% per annum to not to exceed 6.25% per annum. 5.02 Section 4 of the Note entitled "Mandatory Tender" is amended to hereafter read as follows: 5. Mandatory Tender. This Note is subject to mandatory tender for purchase on August 1, 2009 and on each five year anniversary thereof prior to the Maturity Date (collectively the "Purchase Date"). The purchase price of this Note on the Purchase Date is equal to the then outstanding principal amount of this Note plus accrued interest hereon to the Purchase Date (the "Purchase Price"). 5.03 That in the event that the Remarketing Agent markets participation in the Note to participants other than those presently holding a participation interest in the Note and that have consented to the extension of the Mandatory Tender Date then, and in that event, the Remarketing Agent is directed to modify the Private Placement Memorandum prepared for the initial private placement effort to comply with Amendments to Resolution No. 2003-230 and the Note that are made by this Resolution. SECTION 6. EFFECTIVE DATE. This Resolution is effective August 1, 2008, nunc pro tunc. SECTION 7. SAVING. In all other ways Resolution 2003-230 remains in full force and effect. Enacted by the City Council of the City of Stillwater this _ day of August, 2008. APPROVED: Ken Harycki, Mayor ATTEST: Diane Ward, City Clerk -2- AFFIRMATION OF GUARANTY 1. A Guaranty, dated as of December 1, 2003 (the "Guaranty") was made to induce Dougherty Funding, LLC, a limited liability company under the laws of the State of Delaware, and its successors and assigns including any future registered owners of the Note (defined below) (collectively or individually, the "Registered Owner") to purchase the Taxable Tax Increment Revenue Note (Territorial Springs, LLC Project), Series 2003, in the original aggregate principal amount of $3,255,000, issued by the City of Stillwater, Minnesota (the "City"), dated as of December 10, 2003 (the "Note"), pursuant to Resolution No. 2003-230 of the City dated as of October 28,2003 (the "Resolution"). 2. At the request of Dougherty Funding, LLC, acting as Remarketing Agent, pursuant to a Remarketing Agreement existing between the City, Dougherty and Territorial Springs, LLC, the City will consider adopting its Resolution authorizing the extension of the Mandatory Tender Date of the Note from August 1,2008 to August 1,2009 on the condition that the Guaranty remain in effect and that the increase in the interest rate and extension of the Mandatory Tender Date not be considered a waiver by the Holders of the Note or any other party benefited by the Guarantee of a right to act pursuant to the Guaranty. 3. The Guarantors, therefore, by this instrument and to induce the City to enact its Resolution extending the Mandatory Tender Date, hereby affirm the Guaranty as if restated verbatim and acknowledge and agree that the increase in the interest rate and extension of the Mandatory Tender Date shall not be considered a waiver by the Holders of the Note or any other party benefited by the Guarantee of a right to act pursuant to the Guaranty. IN WITNESS WHEREOF, this Affirmation of Guaranty has been duly executed by the Guarantors as of this _ day of August, 2008. David Frauenshuh Brian Sweeney Gary Lindstrom Randy McKay Richard Wicka - 3 - MEMORANDUM FYI TO: Mayor and City Council FROM: Torry Kraftson, Assistant City Engineer ~fZ- J( DATE: August 6, 2008 SUBJECT: 2008 Street Improvement Project Update The contractor has been working on the street project for approximately 6 weeks. Progress has been slowed in several instances by the challenges of working around aging pipes and infrastructure. The first phase of the project involves reconstructing the streets north of Pine Street (Chesnut St., Oak St., 4th St., 5th St., and 6th St.). The utility work is nearly completed and much of the new curb is in place. Residents have been very patient and cooperative with the construction. It is anticipated that bituminous will be placed in the first phase next week. The contractor also plans to reclaim the existing pavement and place new bituminous pavement on Orwell Court next week. The contractor will move right into the street and utility work on the second phase of the project to the south of Pine Street (Willard St., 4th St., 5th St., and 6th St.). Updates of the project are being kept on the Engineering Department link on the City web site. A declaration of cost will be presented to Council in September and a date will be set for the assessment hearing. Existing Water and Sewer on 5th St. New Curb on 4th Street (looking South from Pine) BROWN'S CREEK W ATE RS H E 0 DISTRICT ]380 '^' FRONTAGE RD HIGHVVAY 36 STILLWATER. MN 5 5 0 8 2 651.275.1]36 x26 [PHONE] 651.275.]254 [ FAX] VVVV,,",v. BCVVD.ORG ~~' REGULAR MEETING OF THE BOARD OF MANAGERS Monday, August 11,2008 1. Call Regular Meeting to order @ 6:30 PM Regular Board Meeting will be held at the Washington Conservation District Offices in Valley Ridge Mall at 1380 West Frontage Road, Hwy 36, Stillwater, MN 2. 3. . Approve Regular Meeting Agenda and Discussion Agenda Public Comments 4. Approve minutes - Board Action a) July 14,2008 Regular Board Meeting b) July 17,2008 Joint Board/CAC Meeting c) July 24, 2008 Budget Workshop 5. Treasurer's Report a) Review Authorized Funds Spreadsheet b) Current Items Payable-Board Action c) PennitFee Statements Review 6. PennitlRules a) BCWD Pennit #07-07 Fairway Villas - Pennit Extension - Board Action 7. Projects!Programs a) Herberger's Pond Modifications - Board Action Required b) BMP Projects - Board Action Required o Elisabeth Nelson - Contract Amendment - Board Action o Execute Contracts - Stephens/Bartkey/Ostlie 8. Old Business a) Kern Center Pond Investigation - soils investigation scope - Board Action 9. New Business a) BCWD Rules Guidance Documents Scope - Will be distributed at Meeting - Board Action b) 2009 Budget- Taxable Market Values 10. Discussion Agenda - No Action Required a) Billing Review Process/Audit b) Pennit Review - Current Inspection Update c) CAC Update d) Groundwater Dependent Natural Resources Management Plan Update b) Stonebridge Restoration e) MSCWMO/BCWD/WCD Stonnwater Audit f) Communications & Reports o MA WD Resolution Process o City of Grant Comp Plan Review o Met Council re:, May Township Water Resources Management Plan o Met Council re: Oak Park Heights Local Surface Water Management Plan o Stillwater Township Comp Plan o May Township Comp Plan g) September 2008 BCWD Board Agenda .11. Adjournment MANAGERS: CRAIG LEISER, PRESIDENT · RJCK VANZWOL, VICE-PRESIDENT · CONNIE TAILLON. TREASURER · GERALD JOHNSON, SECRETARY · GAIL PUNDSACK, MANAGER ~~I CITY OF STILLWA TER PLANNING COMMISSION NOTICE OF MEETING MONDAY, AUGUST 11, 2008 The City of Stillwater Planning Commission will meet on Monday, August 11, 2008, at 7 p.m. in the Council Chambers of Stillwater City Hall, 216 North Fourth Street. City of Stillwater Planning Commission regular meetings are held at 7 p.m on the second Monday of each month. All City Planning Commission meetings are open to the public. 1. CALL TO ORDER 2. APPROVAL OF July 14, 2008 MINUTES 3. PUBLIC HEARINGS. Public Hearings are held during the Planning Commission's regular meetings. The Chairperson opens the hearing and will ask City Staff to provide background on the proposed item. After the staff presentation, the Chairperson will then ask for comments from the applicant on the proposed item. The Chairperson will then ask if there is anyone present who wishes to speak for or against the proposed item. The Chairperson may require a time limit on the number of minutes each member of the public may speak, normally five minutes. Members of the public who wish to speak will be requested to step forward to the podium and must state their name and address. At the conclusion of all public testimony the Commission will close the public hearing and will deliberate and take action on the proposed item. 3.01 Case No. 08-30. A street vacation request for a 150 foot portion of Aspen Street between 1001 N 4th Street and 920 N 3rd St in the RB, Two Family Residential District. Scott Junker, representing David and Bev Junker applicant. Continued from the July 14, 2008 meeting. 3.02 Case No. 08-3i. A variance request to the sign regulations for the-ouilding located at 14430 fd' Street North, Edina Realty, in the BP-C, Business Park Commercial District. Schad Tracy Signs, applicant. 3.03 Case No. 08-34. A Zoning Text Amendment to allow "amusement and recreation establishments by special use permit in the BP-O, Business Park Office District" and a special use permit for a skate board center located at 1901 Curve Crest Blvd, Suite 101. Paul Weiler, Youth Service Bureau, Inc., applicant. 3.04 Case No. 08-35. A special use permit for a business out of residence, Aayleen's Attire, located at 623 West Oak Street in the RB Two Family Residential District. Grace Morgan applicant. 3.05 Case No. 08-28. A request for approval of a senior care living facility to-be 1Qcated at 12525 - 75th St. No. The specific request is for aPRroval of: 1) a City Code text amendment to allow senior care living facilities by Special Use Permit (SUP) in the Shoreland Overlay District; 2) a SUP for a 101 unit senior care living facility in the Shoreland Overlay District and the RB, Two Family Residential District; 3) a rezoning of the property from AP, Agricultural Preservation to RB, Two Family Residential; 4) a Rarking varianc~ 5) a preliminary pla!;u and any related variances. Greg Johnson, applicant. 3.06 Case No. 08-30. A variance to ttie srreet side setback and rear yard setback for the construction of a garage with an attached breezeway located at 1104 sth St So in the RB, Two Family Residential District. Kevin Riley representing Steohen and Beverly Diemler, applicant. 3.07 Case No. 08-37. A special use permit and variance request fOr a restaurant (Dairy Queen) with a walk-up window located at 132 So Main Street in the CBD, Central Business District. Mark S. Balay Architects, aDp'licant. 3.08 Case No. 08-38. A special use permit for a massage therapy business out of a residence located at 1017 S 1st Street in the RB, Two Family Residential District. Heidi Presslein and Heidi Jo Knudson, applicants 3.09 Case No. 08-39. A zoning text amendment to Section 31-204, Subd. 6(a)(1) of the Zoning Code to allow a Special Use Permit or a Conditional Use Permit to have a longer validity period than two years for phased projects. City of Stillwater, applicant. 4. OTHER BUSINESS A GENOA Summary of Proceedings Washington County Board of Commissioners July 22, 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 The Commissioners reported on the following items: Commissioner Peterson - Reported on the Transportation Advisory Board meeting and was happy to learn that four bridges identified for replacement in 1989 are included in the 2020 plan for the Minnesota Department of Transportation; She asked that a letter be sent to Carol Lovro, Association of Minnesota Counties who is retiring; Commissioner Pulkrabek - Reported on the National Association of Counties conference he attended last week in Kansas City; Commissioner Kriesel - Reported on a tour of the Cottage Grove Armory hosted by Colonel John Morris; last Sunday he met with neighbors of the Manning Avenue reconstruction project; and he encouraged everyone to attend the Lumberjack Days in Stillwater this week; Commissioner Stafford - Reported that the key element in meeting with Colonel Morris was the role counties could play in helping them connect with other counties in the state for services for returning service people; he mentioned that Woodbury Mayor Hargis has been diagnosed with cancer and he wished him the best; Commissioner Hegberg - Reported on the National Association of Counties conference and seminars he attended including ethanol, global warming, discussion on President Lincoln, and foster care. Community Services Approval of the following actions: Charge a licensing inspection and background study fee for corporate adult foster providers, effective August I, 2008; Memorandum of Understanding with Washington County Workforce Service area partners. General Administration Approval of the following actions: July 8, 2008 Board meeting minutes and the Board of Appeals and Equalization for 2008; No Board meeting on July 29, 2008, 5th Tuesday; Washington County Fair opens on Wednesday, July 30 and runs through August 3; Board correspondence was received and placed on file. Property Records and Taxpaver Services Approval oftemporary on-sale 3.2 malt liquor license for the Greeder-Hinds-Comfort Post #323 to be used at the Washington County Fair July 30 through August 3. Public Health and Environment Approval of the following actions: Cooperative Agreement with the State of Minnesota Department of Agriculture for the continuation of the Minnesota Waste Pesticide Collection Program; Contract with Oertel Architects to provide architectural and engineering services for South Shop/Household Hazardous Waste Facility/City of Woodbury site master planning. Public Works Approval of the following actions: Cooperative agreement with Woodbury for CSAH 25 and CSAH 16 construction cost reimbursement, contingent upon County Attorney approval; Resolution No. 2008-095, authorize a deed relinquishing access control on a portion ofCSAH 2 right of way; Contract with Automated Logic Twin Cities to provide HV AC control module replacement services for the Government Center South wing; Public hearing held to consider an amendment to the Subdivision Ordinance; Resolution No. 2008-096, amending the Washington County Development Code Chapter Three, Subdivision Regulations, Section 5, Minor Subdivision, Ordinance No: 177; Change Orders #2 through #9 with Sowles Company, the Campus 2025 improvements steel erection contractor; Board workshop held for an update on the draft Counties Transit Investment Board and the interim transit investment framework; Board workshop held to discuss the Housing and Land Use Sections of the Comprehensive Plan Update 2030. Sheriff's Office Approve the Joint Powers Agreement with the City ofSt. Paul to provide law e;nforcement assistance during the 2008 Republican National Convention. 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. . 8/6/2008 WASHINGTON COUNTY BOARD OF COMMISSIONERS Preview of Coming Attractions AUGUST 12 Workshop - Local Mental Health Advisory Committee Report to the Board Introduction of 2009 Budaet to County Board The County Board will review major impacts on proposed budget. Property Records and Taxpayer Services present 2009 budget decision points. Finance Committee - Housina and Redevelopment Authority - Red Oaks AUGUST 19 Workshop - Review the Revised Performance Measurement Indicator Report 2009 Budaet 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 Budaet Department Review The County Board will receive 2009 budget decision points from: Community Services and Public Health and Environment. SEPTEMBER 2 2009 BudQet 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 - 2009 Preliminary BudQet The County Board will hold an open house, followed by the County Board meeting to adopt the preliminary levy. SEPTEMBER 16 September 16 - Set Truth-in-Taxation HearinQ OCTOBER 7 Review the Draft CIP for Release for Community Review and Comment Workshop with Water Conservation District and Watershed Districts to Review BudQets DECEMBER 4 Hold Truth-in-Taxation MeetinQ DECEMBER 9 Adopt the 2009 Budaet DECEMBER 16 Hold Public Hearina to Review Comments on and to Adopt the Five-year CIP FUTURE Comp Plan Updates - Periodically Durina the Plannina Process Workshop - Metropolitan Council's Principal Arterial Study Leaaue of Local Governments - January 27. 2009 - Prom Center BID OPENINGS August 12 Public Works - North Maintenance Shop, North Wing, Roof Replacement Bid Aug ust 28 Public works - Environmental Center M:\USERS\ADM\PRRADDA \WP\AGENDA\Workshops\Preview.doc Summary of Proceedings Washington County Board of Commissioners July 8, 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. Accountine: and Finance Approval to amend Policy #5032 and Policy #6008 to increase mileage for individuals using personal vehicles on county business, and establish the new mileage rate at 58.5 cents per mile effective June 29, 2008. Commissioner Reports - Comments - Questions The Commissioners reported on the following items: Commissioner Peterson - reported that the South Washington County Youth Service Bureau Garden Tour was held this past weekend and raised over $11,000; the Family Means Garden Tour will be held this weekend; Commissioner Pulkrabek - reported he received an e-mail from a Woodbury resident from this district who praised the roundabout in Woodbury and hoped the county installed more; Commissioner Kriesel - reported that the cannon dedication held on the 4th of July at the Historic Courthouse was a great success; and that former Administrator of the Pine Point Nursing Home, Walter Schmidt, passed away this past week; Commissioner Stafford - reported on a meeting he had with Commissioner Kriesel, Senator Kathy Saltzman and staff to discuss the I -94 corridor; Commissioner Hegberg - reported that the Metropolitan Mosquito Control approved the budget levy and that there is more spraying of mosquitoes this year; also, there is a new Asian mosquito making its way to Minnesota that carries both encephalitis and West Nile disease. Community Services Approval of the following actions: Accept $4,583.33 for reimbursement for implementing the Children's Mental Health Crisis Services Evaluation Plan and to accept a change in the previous one-time amount from $150,704.52 to $171,849.66; Amendment one to the Tree Trust contract to provide youth employment services for the summer of2008; Workforce Investment Act Plan update for 2008 effective July 1,2008 through June 30, 2009. General Administration Approval of the following actions: Terminate grant agreement with the State of Minnesota Department of Natural Resources to acquire a conservation easement on property owned by Lars and Judith Steltzner; 2007 report of the Audit Committee presented; Commissioner Hegberg designated as the voting delegate and Commissioner Pulkrabek as alternate to the 2008 National Association of Counties annual conference July 11-15, 2008; Resolution No. 2008-094, appreciation to Washington County staff for exceptional work in the Hugo tornado recovery efforts; Board correspondence was received and placed on file. Property Records and Taxpaver Services Approval of the following actions: Resolution No. 2008-091, conveyance of tax forfeited parcels No. 05.032.21.12.0004 and 05.032.21.12.0001 to the Comfort Lake-Forest Lake Watershed District; Resolution No. 2008-093, requesting property damaged in the May 25 tornado in Hugo be reassessed. Public Health and Environment Approval of the following actions: Recycling grant agreement with the City of Mahtomedi for distribution of curbside recycling funds; Amendment #2 of the Public Health Emergency Preparedness grant agreement with the Minnesota Department of Health to receive funds from the Centers for Disease Control and Prevention. Public Works Approval of the following actions: Resolution No. 2008-092, quit claim interest of Old Wildwood Road (formerly County Road 79) to the City of Mahtomedi; Amendment # 1 to the SRF Consulting Group contract for additional preliminary design services for the development of the County Road 83 overpass at I-35 in conjunction with the CSAH 2 (Broadway Avenue) improvement project in Forest Lake; Update on current facility projects: Campus 2025 improvements; household hazardous waste facility in Woodbury; and the transportation north shop improvements; Board workshop held to discuss the transit component of the Comprehensive Plan. Ree:ional Railroad Authoritv Approval of the following actions: June 24, 2008 Regional Railroad Authority meeting minutes; Use of Red Rock Corridor fund balance to complete the Commuter Bus Feasibility Study. Sheriff's Office Approval to purchase 25 replacement home detention field monitoring devises for the Sheriff's Office. 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 July 15, 2008 Present were Commissioners Gary Kriesel, District 3; Myra Peterson, District 4; and Dick Stafford, District 5. Commissioners Dennis C. Hegberg, District 1; and Bill Pulkrabek, District 2, absent. Board Vice Chair Peterson presided. Commissioner Reports - Comments - Questions The Commissioners reported on the following items: Commissioner Kriesel - reported that the Board will tour the Cottage Grove Armory this afternoon and meet with Major Chaplin John Morris; Commissioner Peterson - reported she will be attending the Transportation Advisory Board meeting where the Minnesota Department of Transportation will be seeking input for 2009 to 2028 transportation plans. Community Corrections Board workshop held to discuss juvenile placements. Community Services Approval of the following actions: Reappoint Jon Larson as Washington County Veterans Officer effective May 16,2008; Overview of adult protection services in Washington County. General Administration Approval of the following actions: June I T and 24, 2008 Board meeting minutes; Commissioners Hegberg and Pulkrabek attending the National Association of Counties annual conference in Kansas City, Missouri; Commissioners invited to tour a bus rapid transit vehicle tomorrow in Apple Valley; Board correspondence was received and placed on file including a petition from residents in Marine on St. Croix with concerns about camping in the Big Marine Park Reserve; staff to address those concerns and update them on the county's plans. Public Health and Environment Approval of recycling grant agreements with the Cities of Forest Lake, Lake Elmo, Oakdale, and Woodbury for distribution of curbside recycling funds. Public Works Approval of the following actions: Petition to the City of Woodbury for public utilities to serve the household hazardous waste facility; Submit a proposal for a $10,000 restoration grant from the Minnesota Historical Society to replace the damaged 1870's tile in the main floor restroom and jail lobby areas of the Historic Courthouse; Cooperative agreement with Ramsey County for CSAH 25 and CSAH 16 construction cost reimbursement; Board workshop held to discuss the Transportation Chapter, Facilities and Culture Resources Sections of the Comprehensive Plan update. 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. July 24, 2008 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson David Johnson, Supervisors Jim Hiniker, Linda Countryman, Sheila-Marie Untiedt, Jim Doriott, Clerk Pat Bantli, Deputy Clerk Kathy Schmoeckel, Attorney Soren Mattick, Planner Berry Farrington, Engineer Paul Pearson and Park Manager Rick Jacobson. 1. AGENDA - M/S/P Hiniker/Countryman moved to adopt the agenda as amended. (5 ayes) 2. MINUTES - M/S/P Hiniker/Countryman moved to approve the 7 /10/08 Stillwater Town Board Meeting minutes as written. (5 ayes) 3. TREASURER- a) Report given. b) Engineer Paul Pearson is reviewing the work done by Raleighs, especially to identify the extra expenses involved with ditches. The changes made to the trail at Little Carnelian Park can come out of the park fund since it is an improvement rather than just maintenance. Building permits are down from last year. Crosswinds Church has paid a different amount than was billed. The difference involves work done by the planner and attorney with respect to the lighting issue. M/S/P Untiec;tt/Hiniker moved to credit Crosswinds Community Church for the billing directly related to the lighting issue. (5 ayes) c) Claims anp checks #18755 through #18769 were approved for payment. d) Election Judge Fees - Pay rates for election judges are $13.00 per hour and $18.00 per hour for the head judge. 4. PLAN~ER- a) Minimum ~ot Siz~ - The Planning Commission has recommended an increase in the minimum lot size for places of worship to 10 acres. The Planning Commission is also looking at minimum lot sizes for other uses. The consensus is to wait to adopt an ordinance after all issues have been dealt with. . . b) Public Hearing For Comorehensive Plan - The Public Hearing will be at the October 2, 2008 Planning Commission meeting. The Planner will send a letter to the surrouflding (:ommUl1ities to advise them of the date. Notice will also be posted on the web site. c) Review OfSurroundJng Communiti~s' Comprehensive plans - Planner Sherri Buss will review the plans to see if any items impact Stillwater Township and will bring these items to the Planning Commission for input. Stillwater Town Board Mtg. - 7/24/08 Page 2 d) Letter To MetroDolitan Council - Planner Sherrl Buss had sent a letter to the Metropolitan Council regarding their proposed MUSAline. The Metropolitan Council staff will be Invited to the August 7, 2008 Planning Commission meeting which the Town Board will also attend. A letter will be sent to Peter Bell to advise him of the situation. e) Cannon Property - Berry Farrington reviewed the history of this property where wedding events had been held. Attorney Kevin Shoeberg,..representlng the Cannons, wa~ present. He reported that they had also discussed this with the City of Stillwater. They would like to move forward with amending the ordinance and they are looking for guidance before they proceed. The nature ot-the business Is wedding ceremonies only, no receptions. They do have a public address syst~m but it Is contained In the tent. The area is screened and well landscaped. It Is a safe environment for people to come Into. The event is usually over In about three hours. The period they do this In is from May to October. They are close to the public works department and ball field and they believe this 1$ consistent with what Is In the neighborhood. Mr. Shoeberg has checked with the neighbors and found no objection. The City has Indicated they would need tp go through a similar process so they thought It would make more sense to go through Stillwater Township since the property is In the Township. They believe the Township ordinance with respect to the Transition Zone would handle this Issue better than the City ordinance. The County has suggested that they check wJth the Township first. With respect to Brown's Creek, the Cannons had provided additional drainage for the City's publiC works facility. The City has indicated that they would accept the Township's decision. The Cannons will be back for the meeting on August 14 with further Information. 5. AXDAHL DEVELOPMENT - Brian Axdahl was present to request that his letter of credit be released since all work has been done except for the final lift. He was advised that the park dedication fee of $47,750 has not been paid and that the test of the Infiltration basin has not been done. M/S/P Hinlker/Untiedt moved to authorize the reduction of the Axdahlletter of credit from $476,2~0 to $118,000 with the condition that when the park dedication Is paid it may be further reduced. Upon receipt of $4,500 the escrow will be reduced to $4,000. (5 ayes) 6. GALLUS ADDRESS - Brian Gallus was present to request his address be changed. M/S/P Untiedt/Countryman moved to authorize the secretary to Issue a letter to the Stillwater Postmaster to change the address of this parcel from 11286 Oxford Road to 14793 114th Street North. (5 ayes) 7. AITORNEY- a) Donation Resolution - Attorney Soren Mattick has suggested resolutions to deal with donations made by the Township. He will forward them to the Treasurer with instructions to bring them to the second meeting in March for the Town . Stillwater Town Board Mtg. - 7/24/08 Page 3 Board's consideration. These amounts can be included as budgeted items. This can be a newsletter item. b) Ballot Language - Clerk - Attorney Soren Mattick has proposed language for the proposed ballot question. The newsletter can explain the reason for the change. M/S/P Countryman/Hlniker moved to adopt the ballot question "Should the Town of Stillwater Clerk's position become appointed rather than Elected?" (5 ayes) Clerk Pat Bantli will publish this language along with the three supervisor positions and the public accuracy test date. A job description for an appointed clerks position has been drawn up. c) Assessment Resolutions - Gohlike owes $687.50 which includes attorney's fees. He has paid $200 so he still owes $487.50. M/S/P Hinik~r/Doriott moved to have the amount of $487.50 owed from Gohlike to be certified to the tax roles. (5 ayes) d) Axdahl prooerty - The property previously qualified as green acres. The taxes will be reallocated to each lot in 2009. A copy of the proposal will be sent to the Axdahls. e) Tax Forfeiture Parcels - Two parcels in Otchipwe Trails totaling approximately 42 acres have been forfeited due to non-payment of property taxes. The Clerk will invite the neighboring property owners to the people portion (8:00 p.m.) at the August 14 Town Board meeting to hear an explanation of the situation and discuss what options are available. f) Meinecke Boat Issue - This will go back to court unless it can be resolved. If the owner agrees, the Township can come on the property to demolish the boat and the costs can be assessed against the property owner, or a mover might be found to take it away. g) Data Practices - Discussion among Board members via e-mail of Township business is a violation of the open meeting law. 8. ENGINEER- a) Bids for the Otta sealing of 90th Street have been advertised and should be received by August 12. They will be discussed at the next Town Board meeting. b) Maintenance Punch List - There was discussion as to why Items have been carried forward from 2007. The items have not been completed. 9. FARMER~' MARKET - Park Manager Rich Jacobson said he would be willing to manage a farmers' market. He pointed out that the park is already full on Wednesday nights. He will attend the next Planning Commission meeting for further discussion. 10. PARK COMMITTEE - a) Chips For The Otto Berg Playaround - M/S/P Doriott/Untiedt moved to accept the quote of $1,150 from Valley Green for wood chips and installation. (5 ayes) Stillwater Town Board Mtg. - 7/24/08 Page 4 . b) M/S/P Doriott/Countryman moved to appoint Bonnie Haines to the Park Committee subject to receipt of a completed application. (5 ayes) c) Rick Jacobson reported that there are still three dead elm trees to be removed on Township property. d) Townshio Picnic - Jim Doriott gave an update of plans for the picnic. e) Park Land Acquisition - Rod Hunter's e-mail dated July 21, 2008 was discussed. The attorney will be asked to look into issues involved. The Park Committee should look at the park map and see what parcels they would like to look at. f) Signs - Paul Pearson will be asked to order signs. g) The net climber in Otto Berg Park should be replaced. Rick Jacobson will check into it. 11. ADJOURNMENT - M/S/P Hinlker/Countryman moved to adjourn the meeting. (5 ayes) The meeting was adjourned at 10:40 p.m. Clerk Chairperson Approved ~ , July 10, 2008 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson David Johnson, Supervisors Jim Hiniker, Linda Countryman, Sheila-Marie Untiedt, Jim Doriott, Clerk Pat Bantli, Deputy Clerk Kathy SChmoeckel, Attorney Soren Mattick, Planner Sherri Buss, Engineer Paul Pearson, Park Manager Rick Jacobson and Chief of Police Steve Nelson. 1. AGENDA - M/S/P Countryman/Hiniker moved to adopt the agenda as amended. (5 ayes) 2. MINUTES - M/S/P Untiedt/Hiniker moved to approve the 6/26/08 Stillwater Town Board Meeting minutes as written. (4 ayes, Countryman abstain) 3. ELECTION UPDATE - Clerk Pat Bantli gave an update on the upcoming elections. Filings are from August 26 through September 9 at 5:00 p.m. She reviewed filing procedures. 4. TREASURER- a) Claims and checks #18730 through #18752 were approved for payment. b) The Treasurer should check to see what is the effective date for the IRS mileage increase and make the necesSary adjustments on next month's claims. c) The Treasurer will be made aware of short courses for treasurers given by the Minnesota Association of Townships and be asked to get back to the Board if any of the classes are of interest to her. 5. PLANNER- a) Cannon PropertylTrellis We9~in9s Zoning Enforcement - A large quantity of gravel has been placed on this property to build a half-acre parking lot without the required permits. The property was tagged by the Building Inspector, who in~icated that all work should stop. A grading permit from the Township would be needed as well as a permit from the Watershed District. The permitting process would be different for a personal use or a commercial use. Despite the Building Inspecfor's tag, the grading work on the parking lot was completed late last week. The property owner is also operating an "Events" business at the property, which is not an allowed use in the zoning district. Mrs. Cannon was present and she said she believed she had the necessary permits. She had prepared her gardens, etc., for her niece's upcoming wedding and she would like to have other weddings on this property if possible. The Planner and Attorney indicated 'that an events business use could only be allowed if the Township's Zoning Ordinance were amended to allow it. Mrs. Cannon indicated Stillwater Town Board Mtg. - 7/10/08 .. Page 2 \. that she may have booked three additional weddings at the site. The wedding for her niece does not violate the ordinance, since she Is a family member. However, an events business is not an allowed use, and no additional events may be scheduled at the property. The Board recommended the following: 1) Use of the property for a commercial Events business is not an allowed use in Stillwater Township. . 2) Mrs. Cannon may apply to the Township to request that they Change their ordinance to allow this use; or may apply to the City of Stillwater for Annexation and rezoning of the property to allow this use. Dave Johnson noted that both of these avenues may be uphill ~attles, and would require public hearings and application processes that are at least several months long. 3) Mrs. Cannon should inform the Planner as soon as she makes a decision about whether she will apply for a commercial use of the property, or discontinue the Events business at her property to conform to Township Ordinances. This decision will determine which Watershed permits are required for the grading activity at the property. 4) The Planner will coordinate the permits with the Watershed District and Township Engineer. S) The Board requested that she contact the three non-family parties that have requested scheduling a wedding at the property, to determine if any of them can find an alternative site for their event. If some of them cannot find an alternative, the Board has requested that she provide Information to them at the July 24 or August 14 meeting about these events - such as the proposed dates and numbers of attendees. The Board will make a decision at that meeting about whether those events might be allowed at the property . 6) The Board noted that the Township's Ordinance provides for doubling permit fees In cases where work was done without obtaining the required permits. The Board has levied these doubled fees In other, similar cases. The Board directed staff to require a double fee In this case, given that a) The initial work was started without obtaining the required permits, and b) additional work on the parking lot was completed, despite the Building Inspector's red tag and staff direction that indicated that nq additional work should be done until the required permits had been obtained from the Township and Watershed District. b) Comprehensive Plan - The Comprehensive Plan is out for review. The Metropolitan Council has identified certain communities as "Diversified Rural Areas" of which Stillwater Township is one. A meeting had been held by Metropolitan Council to discuss concerns of these communities but Stillwater Township had not been Invited. The City of Stillwater's Comprehensive Plan has stated that they do not plan to expand further into Stillwater Township. ,. .. Stillwater Town Board Mtg. - 7/10/08 Page 3 The Planner will contact Metropolitan Council to have them reschedule another meeting so that township representatives may attend. There has been previous correspondence with them asking that the map be changed. 6. CHIEF OF POUCE a) Harry Firth was present to discuss his concerns about increased traffic and speeding on Minar Avenue. This is possibly a temporary problem as people are using this as a cut through while Manning Avenue is under construction. The neighbors will be asked to attend a meeting at the Town Hall at 6:00 p.m. on Thursday, August 14 to discuss the issue and possible solutions. b) Monthly report given. c) Bouthilet and Lassonde Residential Kennel Licenses - There have been no problems or complaints for either of these. Susan McMillan will be giving up her residential kennel license. M/S/P Hiniker/Untiedt moved to approve the Bouthilet and Lassonde residential kennel licenses. (5 ayes) d) Stonebridge Trail Speeding - Previously there had been complaints about speeding on the county portion of Stonebridge Trail. The road has been monitored and the speeds do not seem to be excessive. The sheriff and our Police Chief will continue to monitor the situation at least through the next month. 7. ACCESSORY BUILDINGS - HUNTERS RIDGE - Suzanne Schlichting, who is representing a possible purchaser of the property at 11929 Quail Avenue North, was present to discuss the outbuildings on the property. A variance had been granted in 1996 allowing the buildings to remain for a certain period but it had never been followed up on. What is the status of these buildings now? There is a.policy statement in the Comprehensive Plan calling for the preservation of historic buildings, but it has not been put into ordinance form. Application should be made to amend the 1996 variance. Review of the application will allow the Board to determine which accessory buildings can remain on the property. 8. ENGINEER- a) The grading permit has been held on the Cannon property until the Brown's Creek authority has looked at it and Mrs. Cannon comes to a decision whether to pursue a commercial enterprise. There should be a fine of a double fee since the work had been ,done without a permit. b) Infiltration SpeCification Review - A new document has been developed that the Engineer would like to send out to developers who have infiltration basins. M/S/P UntiedtfHiniker moved to adopt the changes to the Infiltration Specification Review as proposed by the Engineer. (5 ayes) c) Otta Seal - Jim Hiniker will contact the Langer family residents on 90th Street about the Otta Sealing of their road. Stillwater Town Board Mtg. - 7/10/08 \ Page 4 " 9. COMMUNICATION COMMmEE - Jim Hlnlker reported on the status .of the web site changes. The next meeting for the committee will be August 21 at 7:00 p.m. 10. STONES FOR STONE BRIDGE - Linda Countryman reported that a similar bridge In southeast Minnesota had been destroyed by the recent floods and It will be demolished. The stones may be available for the Stone Bridge. 11. ADJOURNMENT - The meeting was adjourned at 9:30 p.m. Clerk Chairperson Approved 1. 9:00 2. 9:10 3. 9:10 4. 9:20 5. 9:20 6. 9:25 7. 9:35 8. 9:45 9. 10. 10:00 Washington tr_ ~County '-- ~ tr Dennis C. Hegberg, Chair District 1 Bill Pulkrabek District 2 Gary Kriesel District 3 BOARD AGENDA AUGUST 12,2008 - 9:00 A.M. Myra Peterson, Vice Chair District 4 R.H. Stafford District 5 Washington County Regional Railroad Authority Convenes A. Roll Call B. Pledge of Allegiance C. Meeting Minutes from July 8, 2008 D. Terminate the Metropolitan Light Rail Transit Joint Powers Agreement E. Adjourn Washington County Board of Commissioners Convene Roll Call Comments from the Public Visitors may share their comments or concerns on any issutthat is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board mustfill out a comment card before the meegihegins and give it to the County Board secret1ry or the County Administrator. The County Board Chair will ask you to come to the podium. state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board'lfi1r reserves the right to limit an individuals presentation if it becomes redundant, repetitive, overly argumentative, or if it is not rela/ao an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual pre~entatisJto accommodate the scheduled agenda items Consent Calendar Public Works - John Elholm, Parks Director 2007 Award of Excellence - Phase I of Big Marine Park Reserve Community Services - Richard Backman, Division Manager Services Available for Older Youth Transitioning to Adulthood from Foster Care General Administration - Jim Schug, County Administrator Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioner to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board ill1I during this time. Any action necessary becauB of discussion will be scheduledfor afuture board meeting. Board Correspondence Adjourn 11. 10:10 to 10:55 - Board Workshop with the Mental Health Advisory Council Review the Unmet Needs of Children and Adults 12. 11 :00 to 12:00 - Board Workshop to Receive the Proposed 2009 Budget Recommendations A. 2009 Annual Budget - Administrator's Recommendations' B. Property Records and Taxpayer Services Recommended Budget * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Date August 12 August 13 August 13 August 13 MEETING NOTICES Committee Finance Committee Metro Emergency Services Board MELSA MICA Time 12:15 p.m. 10:30 a.m. 12:00 p.m. 2:00 p.m. Location Washington County Government Center 2099 University Avenue West- St. Paul 1619 Dayton A venue - St. Paul 161 St. Anthony Avenue- St. Paul Assistive listening devices are available for use in ~he County Board Room EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * AUGUST 12, 2008 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of the July 22, and August 5,2008 Board meeting minutes. Human Resources B. Approval to revise Human Resources Policy #5008 Respectful Workplace Policy. C. Approval of one regular full-time Management Analyst II position for the Department of Administration. D. Approval of Post Employment Health Care Savings Plan for Confidential Supervisors. Public Works E. Approval of resolution, final payment to American Pavement Solutions in the amount of $6,307.16 for the crack sealing road maintenance project. Sheriff s Office F. Approval of contract with Ramsey County for boarding inmates during the Republican National Convention to make space in the Ramsey County Jail for any arrests made in conjunction with the convention. * Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. .