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HomeMy WebLinkAbout2008-10-28 CC Packet AGENDA CITY OF STILLWATER CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street October 28, 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 . Discussion on Special Event - 2009 Marathon - S1. Croix Events 2. Comp Plan Review STAFF REPORTS 1 . Police Chief 2. Fire Chief 3. City Clerk 4. Community Dev. Director itlance Director City Admin~strator CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES - Possible approval of Octob PETITIONS, INDIVIDUALS, DELEGATIONS OPEN FORUM The Open Forum is a portion of th the meeting agenda. The Council staff regarding investigation of the limit our comments to 5 mi to address Council on subjects which are not a part of ply at the time of the statement or may give direction to d. Out of respect for others in attendance. please yment of bills of resolution allowing the accumulation and use of storm water credits laptop & docking station-Administration & Fire purc se upgrade software for SOL Server - MIS , resolution appointing additional election judges and fixing compensation ing for well Park reproduction plaque o I to purchase 5 roadtemp sensors - Public Works -147, resolution adopting an assessment roval to replace the failed expansion valve module board on the rooftop chiller- PUBLIC or less. INGS - Out of respect for others in attendance. please limit your comments to 10 minutes 1. This is the date and time to consider an ordinance amending the Charter of the City of Stillwater as it relates to Councilmembers serving on the Charter Commission. Notice was published in the Stillwater Gazette on October 9,2008. (Tabled from 10/21/08 meeting - 1st reading - Roll Call) UNFINISHED BUSINESS 1. Case No. 08-39. Possible 2nd reading of Ordinance 1001, an ordinance amending the Stillwater City Code by changing Section 31-204, Subd. 6 entitled "Permit Life Cycle". (2nd reading - Roll Call). r- NEW BUSINESS 1. Possible approval of designation of Oak Street (between 4th & 5th Street) as a one way street (Resolution - Roll Call) 2. Liberty Stop Study 3. Discussion and possible appointment to Downtown Parking Commission (Resolution - Roll Call) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS * All items listed under the consent agenda are considered to b enacted by one motion. There will be no separate discussi citizen so requests, in which event, the items will be remo separately. ouncil and will be less a Council Member or t agenda and considered STAFF REPORTS (continued) ADJOURNMENT Page 2 of 2 October 29 November 3 November 5 November 10 November 19 November 24 December 2 2008 Comprehensive Plan Update Schedule over next several months Open house on review draft: Council Chambers; 7 PM Heritage Preservation Commission consideration of review draft: Council Chambers; 7 PM Joint Planning Board consideration of review draft: Council Chambers; 7 PM Planning Commission consideration of review draft: Council Chambers; 6 PM Planning Commission public hearing to consider recommending approval of the review draft: Council Chambers; 7 PM Park Commission consideration of park chapter: Council Chambers; 7 PM City Council public hearing to consider approving draft to release for jurisdictional review: Council Chambers; 7 PM .' ,< ARTIIUR V. PALMER POSTAl ADDRESS: P.O. BOX 250 StIllwater MN 55082'()250 651/253-1680 (PERSONAL CELL) artpafmOgmaH.com Stillwater City Council Stillwater MN 55082 Thursday, August"" 2008 RE: 2008 STILLWATER COMPREHENSIVE PLAN Dear Council Members, I reqU88t that .. pert of the 2008 Comprehensive Plan, the future land U88 designation of my property at Hwy 96 and Manning Avenue be changed from I'88identiaI to commercial. DESCRIPnON: The parcel, as well as its now-plattecl, adjoining Millbrook parcel, was previously subjected in the 1970s, to nearly 4 decades of failed ruraVurban planning-1M futilely, with Stillwater Township and then subsequently unsuccessfully, with the City. The un-annexed, N.W., 3-acre, buildable parcel (adjoining 5 acres of wetlands and approximately 9 acres of Browns Creek Watershed District, designated "Buffer Zone" and 2.5 acres of .Conservancy") was assigned the designation of " park-and-ride. " This designation was changed when its value, as a "delightful," residential site, was belatedly discovered during final stages of orderly annexation. GOOD NEWS: It is not that my half-century of property ownership and personal patience have survived decades of what I kindly refer to as the .brittle" relationship between city and township. . . but that I have outlived all to the point of witnessing what has matured as a genuinely compatible relationship between previously contentious, now happily adjoined, govemment units. BACKGROUND: You may be interested in knowing that in 1995, I retained counsel to litigate the legal viability of the Orderly Annexation Agreement. The statutory grounds Were similar to those involving my favorable, 19708, Minnesota Supreme Court decision against Stillwater Township, which clearly emphasized a township, "could not dictate land use to the city." As Mr. Magnuson may recall, my litigation, to mount a legal challenge to Joint Powers, was agreeably abandoned. RATIONALE: I aCcepted a Township Supervisor's and Mayor's personal suggestions that amendment procedures were available as a future possibility under Joint Powers. I was asked to give the well-deserved, long-planned, orderly annexation concept a chance to go forward without further controversy or delay. My consent to thereby participate in such an amicable resolution is still not regretted, despite a decade of questioning if the 2015, 2o-year extension for the property. Was this not, in reality, the Township's, adamant imposition of "sweet revenge?" FUTURE LAND USE MAP UPDATE: Little was it possible to know then it would be 13 years later such an inclusion would be requested-as a, revised, logical, land use component of the 2008 Stillwater Comprehensive Plan. This course should be both simple and mutually preferable to engaging in the various deferred aspects of a future application to amend. CONCLUSION: Notwithstanding anything contrary to the foregoing, it is anticipated to be a logical and fitting time for both township and city to exercise their wise and judicious "sense of proportion" by revisiting this land use classification matter. Such deserves consideration from both rational and positive perspectives. The due diligence aspects, embedded in such far-sighted reviews, can then be conclusively, as well as equitably, applied to the significance of respecting all land use matters from the standpoint of balancing equities between private and public interests as they might pe , and be correctly evaluated by, officials of both governmental units. Sincerely, pog P ical Acreage-allocation & Description Maps enls\A A VP _WORK FILES AND WORK FILES\CITY OF STlLLW ATRIZONlNG REQUEST AU8_ 4.doc an 12008 c:\Uscrs .-;r June 25, 2008 Mr. Bill Tumblad City of Stillwater 216 North Fourth St. Stillwater, MN 55082 Re: Comprehensive Plan Update Dear Mr. Tumblad, We are the owner~ of a combined area of approximately 47 acres south of Boutwell Road and north of CSAH 12 in Stillwater Township. As property owners, it is our intention to jointly plan for the development of the property which is depicted as the Proposed Planning Area ("Planning Area") on the attached Land Use Plan Detail. To clarify, we do not plan to simultaneously "build out;" however, we do desire to be in agreement as adjoining property owners. We believe this cooperative effort will provide a framework that will promote compatibility and continuity among the various parcels. We have reviewed the Draft Proposed 2030 Land Use Plan, Draft Parks and Trails Plan, and the Draft Transportation Plan proposed by the City of Stillwater as part of the Comprehensive Plan update. We wish to provide the following comments for your consideration: o We fully support the Land Use Plan's intention to provide sewered residential uses within the Planning Area. o We request the city to consider amending the residential land use within the Planning Area to provide a single consistent land use designation of LowlMedium Density Residential as shown on the attached Land Use Plan Detail. This consistent land use designation will promote creativity and flexibility when considering housing types and locations throughout the Planning Area. o The Draft Parks and Trails Plan depicts two parallel future trails aligned north/south adjacent to and within the Planning Area as shown on the attached Parks and Trails Plan Detail. We believe parallel trails are unnecessary and the trail to the west provides a superior location as a portion of the trail currently exists and the natural area provides a better experience. o \Ne understand the Draft Transportation Plan presented to the General Plan Committee and City Council included information by Iteris regarding the possible extension of Neal Avenue and intersection design at CSAH 12. It is our preference to not extend Neal Avenue through the Planning Area, especially in a straight line "thoroughfare" design. However, if the city decides to extend Neal Avenue and connect to CSAH12, we would prefer an intersection design that limits through traffic. We strongly encourage the city to resolve the issues regarding the Neal Avenue alignment, as it significantly limits our ability to effectively plan for development of our properties. We welcome the opportunity to meet with you to discuss our comments and the comprehensive plan update. We would greatly appreciate any additional input the city can provide regarding the future development of our properties. Please contact us if you have any questions or require additional information. 'v Property owner issues: area south of Boutwell Land Use Plan Detail - YV(... J. I . ~ f J~~ ....'" . ~ i Proposed Planning Area J ,.f L. .... Adams I -T-'-*-" ; i , r 11 I I I Lohmer I I Bruggeman Constructi on 'It, f .~ "" I '" 1 h i e I Schultz I,'" " _. ~:.: ,-{ Provide Low/Medium Density Residential ",' in These Areas .. Parks and Trails Plan Detail I . , , . . , I -I i I , t ~,) , . J II t ....,.. . -" ; I r ~;,~ k.~ Ink, Bruggeman onstruction Co. (651) 209-1711 Boutwell Road N (651) 439-3044 C: Mayor Ken Harycki Councilman Wally Milbrandt Councilman Adam Nyberg Councilman Robert Gag Councilman Mike Polehna ~ o [Q)~~~D~ properties 752 Stillwater Road Mahtomedi, MN 55115 Fax 651 631 1500 Voice 651 247 7007 dennis@dennisproperties.com www.dennisproperties.com June 10, 2008 Via Hand Delivery Bill Turnblad Community Development Director City of Stillwater 216 N. 4th St. Stillwater, MN 55082 Re: Comprehensive Plan Comments Dear Bill: As you know, we are the developer of the 50 acre parcel in the northeast quadrant of Manning and highway 36. This letter is,a follow up to our discussion last Thursday at the Comp Plan Open House. 1. Correction of the 2030 ComD Plan "chart" We discussed that the Proposed 2030 Business ParklIndustrial Land Use Plan Categories and the fact that the most recent chart puts the CRD zoning district as part of the "Business ParklIndustrial2030 Land Use Category". (See enclosed chart) It is my understanding that City staff will be correcting that chart to show the CRD zoning district as part of the 2030 "Research and Development Park" Comp Plan Designation. 2. Creation of more flexibility in the 2030 Research and Development Park Guided Uses To date, the only zoning district that is part of the Research and Development Park uses is Campus Research and Development. As we pointed out in our earlier Handout for The Gateway (enclosed with this letter as well), placing only this zoning district in the R& D 1 Park Comp Plan extremely limits the types of permitted uses available to future City Councils. a. We gave illustrations of why Campus R & D is likely to be too industrial We said in that Handout: If the GATEWAY is guided and zoned Campus Research and Development, here are examples of buildings that are permitted (clockwise: Tight assembly; print shop; funeral home; photo and print) 2 We also said in that handout: If the GATEWAY is guided and zoned Campus Research and Development, here are examples of buildings that are NOT permitted (clockwise: drugstore; insurance company; hotel and restaurant; hospital) 3 b. Campus and Research Parks are almost alwavs affiliated with collee:es and universities. and this affiliation is not available at the Stillwater Gatewav. We as developers, and CB Richard Ellis as our brokers and investment advisors, both concluded months ago that a campus and research park at the Gateway location is highly unlikely because of the lack of a market for it. Since then, we have done additional research which explains why this is the case. All of the research that we have done indicates that virtually all successful research and development business parks require an affiliation with a college or university. One of the leading reports on the subject is "Characteristics and Trends in North American Research Parks: 21 st Century Directions." This Report was done in cooperation with the Association of University Research Parks and prepared in October 2007. The executive Summary is enclosed. The entire Report can be found at http://www.aurp.net/more/pr 102607 .cfm. This Report clearly demonstrates the critical affiliation which is needed between the private sector and a college or university research department. This cannot be achieved in Stillwater. There are no major colleges or universities near the Gateway site and none are planned. The University of Minnesota has research office requirements, but they are located either at the Minneapolis campus or at the 5000 acre U More Research Park in Rosemount. See http://www.umorepark.umn.edu/ Also enclosed are but a few examples of website pages from university affiliated campus research parks: University Research Park at Irvine, California; The University & Corporate Partnership at the University of Albany, New York; and the Research Park at the University of Illinois. All of these are partnerships between a private developer and a public university. c. If the Goals of the Citv are to encourae:e iobs and create tax base at the Gatewav. it should create a new name for the Comp Plan desismation and include appropriate zonine: districts to carrv out those e:oals. We discussed that the name "Research and Development Park" does not accurately reflect the developments that could encourage jobs and tax base in Stillwater, or for that matter create a "Gateway" appearance. The name does not accurately reflect the uses that are being permitted to the east of us, in the R & D zoning district. The current 2030 Land Use designation is, in fact, quite industrial in the contemplated uses and look. We would encourage the City to adopt a different name for the 2030 Land Use category and also to broaden the types of zoning districts that could be considered in that Comp Plan category. We envision a mixed use development including components of retail and office, as well as ancillary services for both uses. We envision this to take place in an integrated, high quality "Gateway" master development plan. 4 .' Please share the thoughts of my team with the City Council. Y\1"Y yours, Denny Trooien cc: CB Richard Ellis 5 Proposed 2030 Business Park/Industrial Land Use Plan Categories Stillwater Adopted Land Use Categories Proposed 2030 Future Land Use Corresponding Zoning Districts Met Council Categories Categories BPI Business Park Industrial BP.I Business Park Industrial' INO -Industrial RDP Research & Development Park BPI Business Park/Industrial IB General Heavy Inllustry EXT -Extractive CRO Campus Research & Dev, ',~.I . v' .. THI IIIT.'lACE OF MIIINI.." CITY COUNCIL MEETING October 21, 2008 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 Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Planner Pogge Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to approve the October 14, 2008, regular and recessed minutes. All in favor. OPEN FORUM State Representative Julie Bunn reintroduced herself to the district and highlighted some of her work during the last legislative session. Charles Hooley Jr., representing his parents, Charles and Nancy Hooley, read a letter into the record highlighting the Hooleys' concerns regarding Lakeview Hospital's proposed expansion and the proposed change in ordinance. The letter expressed concerns about safety and loss of market value and called for an independent study that addresses the safety, economic and environmental impacts of the expansion on the surrounding area. ... City Council Meeting October 21, 2008 STAFF REPORTS Public Works Director Sanders stated the Brown's Creek Watershed District Board has requested the joint meeting with the Council be rescheduled. 'The joint meeting had been scheduled for the second Council meeting in November, he noted. It was decided to reschedule the meeting for the 4:30 p.m. workshop session of the first meeting in December. CONSENT AGENDA (Roll Call) Mayor Harycki asked that Resolution 2008-142 be removed from the Consent Agenda for further study. . Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the Consent Agenda excluding Resolution 2008-142. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Resolution 2008-136, directing payment of bills Resolution 2008-137, approval of maintenance agreement with Loffler for firewall Resolution 2008-138, approval of maintenance agreement for ESRI ArcView Software Resolution 2008-139, approval of agreement with SafeAssure Consultants, Inc. Resolution 2008-140, approval of Public Works Garage security monitoring agreement Possible approval to purchase trash lids for downtown trash cans Resolution 2008-141, a resolution amending Resolution No. 2002-157 Resolution 2008 142, resolution allo'J.'ing the accumulation ::md use of storm 'Nater credits UNFINISHED BUSINESS Possible consideration of assessments for 321 W Mvrtle. 316 4th Street N. and condominiums on 4th and Oak Streets (from 10/7/08 meetinq) Public Works Director Sanders said staff believes the proposed assessments on the properties in question should be upheld and included in the assessment role. Regarding the property at 321 W. Myrtle at the corner of Sixth Street, Mr. Sanders explained there is a wider than normal right-of-way, which varies from 80' at the south end of the property to 50' at the north end. He said the lot is viewed as a regular corner lot and, according to policy, would be assessed half of the normal assessment rate. On a question by Mayor Harycki, Mr. Sanders explained that the right-of-way is not a separate parcel; it is part of the regular City right-of-way. Attorney Magnuson explained that the street was relocated, and this property is right at the juncture of two plats. There was a mistake in one of the plats, a mistake corrected by an act of the Legislature, which resulted in moving boundaries of some lots in town. Page 2 of 6 City Council Meeting October 21, 2008 Regarding the condominiums at Fourth and Oak, Mr. Sanders said they are not objecting to the assessments, but wanted to ensure than any future assessment would have the same assessment rate as this year's project. Mr. Sanders said he didn't know if the City could do that, given the fact that project costs change over time. He said that owner also is requesting that the adjacent portion of Oak be changed to a one-way street. Mr. Sanders said staff had done some traffic/speed counts and suggested studies do not indicate a high volume of traffic or traffic traveling at a high speeds and he didn't think a one-way street is warranted from Fourth to Third, as requested. He said the City could try a one-way from Fourth to Fifth for a time. He said the roadway does vary in width and suggested that the street could be posted no-parking on one side of the street to alleviate concerns. Mr. Sanders said City crews did patch the roadway as requested by the owner at the previous meeting. It was agreed to have Mr. Sanders come back with a recommendation regarding areas of the street that might be posted as no-parking. Mr. Sanders also noted that the property behind the condominiums, the property at 316 Fourth St. S., did receive benefit from the street project as the driveway does access from a reconstructed street; it also was noted that this property is being assessed at one-half the normal assessment. Motion by Councilmember Milbrandt, seconded by Councilmember Gag to adopt Resolution 2008-142 resolution adopting assessment for 2008 Street Improvement Project (Project 2008- 02, L.1. 379), as recommended by staff. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Case No. 08-39. Possible first readinQ of an ordinance for a ZoninQ Text Amendment to Section 31-204. Subd. 6(a)(1) of the ZoninQ Code to allow a Special Use Permit or a Conditional Use Permit to have a 10nQer validity period than two years for phased proiects and any variances related thereto and review of proposed development aQreement lanQuaQe. (from 10/7/08 meetinQ) Mayor Harycki pointed out that at this point, the Council only has sample development agreement language as the Hospital and staff has not had time to negotiate actual development agreement language. During discussion, it was noted that this language should be more general in nature and describe a process, a means to negotiate permits that are valid for longer than two years through the use of a development agreement; the specific language of development agreements will be crafted in negotiations for specific projects, it was pointed out., Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to approve the first reading of Ordinance 1001, an ordinance amending the Stillwater City Code by Changing Section 31-204, Subd. 6 entitled "Permit Life Cycle". Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Page 3 of 6 . " City Council Meeting October 21, 2008 Mayor Harycki suggested, and it was agreed, that City Attorney Magnuson, representatives of Lakeview Hospital, Councilmember Gag, as the project is in his Ward, and the Mayor work at negotiating the framework of a development agreement for the Hospital project to be brought back to the Council. Councilmember Gag left the meeting at 7:30 p.m. due to a work commitment. Possible second readino of Ordinance 1000. an ordinance amendino the Stillwater City Code. Chapter 31. entitled Zoning Ordinance by addino "amusement & recreational establishments" in the BP-C, Business Park-Commercial Zonino District as a specially permitted use Planner Pogge noted this is the second reading of the ordinance and is related to the proposed hockey training facility on Curve Crest Boulevard, making that use a permitted use under the City ordinances. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to adopt Ordinance 1000, an ordinance amending the Stillwater City Code, Chapter 31, entitled Zoning Ordinance by adding "amusement & recreational establishments" in the BP-C, Business Park- Commercial Zoning District as a specially permitted use an ordinance. Ayes: Councilmembers Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None PUBLIC HEARINGS This is the date and time to consider an ordinance amendino the Charter of the City of Stillwater as it relates to Councilmembers servino on the Charter Commission. Notice was published in the Stillwater Gazette on October 9. 2008. City Attorney Magnuson suggested the Council might want to table this item until the next meeting when the full Council was present, noting that a full vote is required. This item was tabled as advised by Mr. Magnuson. NEW BUSINESS Discussion on Server Room Rose Holman, MIS specialist, answered questions regarding the proposal to move the server room into the Mayor's office. Councilmember Milbrandt asked whether the server room had to be located at City Hall or whether there might be a more appropriate location off the premises - at the Library of Public Works building, for example. Ms. Holman said there are options for off-site backup, but that she didn't know of any other space that would work better than the Mayor's office space for the server room. Councilmember Polehna said he would like to look at more alternatives for space that would meet the needs for 10-15 years in the future. Ms. Holman spoke of connectivity problems with a location at Public Works. There was discussion of going to fiber in the Page 4 of 6 " City Council Meeting October 21, 2008 future. Administrator Hansen asked whether the proposal represented a five- or 10-year solution; Ms. Holman said the proposal could be a permanent solution, but at some point the City would have to consider doing something regarding sprinkling of the room. It was decided to have Ms. Holman obtain quotes for a fire protection system before taking action. Possible approval of contract for Owner's Representative for Parkina Ramp Construction City Administrator Hansen reviewed three quotes that were received to act as the City's owner's representative for the parking ramp project. Mr. Hansen said he had spoken with the firms and was recommending CPMI. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to adopt Resolution 2008-143, approving agreement with CPMI, as owner's representative as recommended by Mr. Hansen. Ayes: Councilmembers Polehna, Milbrandt, Nyberg and Mayor Harycki Nays: None Request to reduce annual fee for parkina spaces - Keith Becklin Planner Pogge stated a requested had been received from Keith Becklin to reduce the fee for two parking spaces he rents from the City for the carriage rides he operates during the summer. Mr. Pogge said the current fee is $1,000 -- $500 per space; Mr. Becklin is asking that the fee be reduced to $500 retroactive to 2007. There was a question about other such agreements. Mr. Pogge said he was aware of only one another arrangement, that with the trolley company; that arrangement includes a fee of $1,000 for two spaces, as well as space for an office in the south end of Lowell Park. Councilmember Polehna expressed a concern about setting a precedent in retroactively lowering a fee. Councilmember Nyberg agreed with the concern about lowering the fee retroactively, however he wouldn't have a problem lowering the fee in the future as the company is an asset to the downtown. Councilmember Polehna agreed that he wouldn't have a problem renegotiating a lower fee for the upcoming year. Councilmember Milbrandt noted staff could communicate to Mr. Becklin that the City's might be willing to negotiate a lower fee for future years. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt deny the request. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDA liONS Councilmember Milbrandt stated he had represented the Mayor at a recent ceremony celebrating the 30th anniversary of the Youth Service Bureau. He said the City, as a Page 5 of 6 " City Council Meeting October 21,2008 founding member of the organization, was presented with a plaque acknowledging the City's support. The plaque was given to City Clerk Ward for appropriate display. ADJOURNMENT Motion by Councilmember Nyberg, seconded by Councilmember Milbrandt to adjourn at 7:48 p.m. All in favor. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2008-136, directing payment of bills Resolution 2008-137, approval of maintenance agreement with Loffler for firewall Resolution 2008-138, approval of maintenance agreement for ESRI ArcView Software Resolution 2008-139, approval of agreement with SafeAssure Consultants, Inc. Resolution 2008-140, approval of Public Works Garage security monitoring agreement Resolution 2008-141, a resolution amending Resolution No. 2002-157 Resolution 2008-142 resolution adopting assessment for 2008 Street Improvement Project (Project 2008-02, L.1. 379) Resolution 2008-143, approving agreement with CPMI Ordinance 1000, an ordinance amending the Stillwater City Code, Chapter 31, entitled Zoning Ordinance by adding "amusement & recreational establishments" in the BP-C, Business Park-Commercial Zoning District as a specially permitted use an ordinance. Page 6 of 6 LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2008-144 Abbott Paint Advanced Sportswear AI's Coffee Company Carquest Auto Parts CATCO Parts and Service Comcast Community Volunteer Service Cub Foods Denny Hecker Auto Connection Ecolab Vehicle Care Division Force America Hafner, Jane Heritage Printing, Inc. Infratech, Inc. J.H. Larson Electric L.T.G.Power Magnuson Law Firm Menards Minnesota/Wisconsin Playground O'Niell Christy Office Depot proguard Sports, Inc. Pump & Meter Service, Inc. R & R Specialties, Inc. Red Horse Truck Body & Hoist LLC Riedell Shoes, Inc. Scott Lighting Service on a Shoestring United Refrigeration, Inc. USA Mobility Wireless, Inc. Yocum Oil Company LIBRARY Baker & Taylor Baker & Taylor, Inc. BWI Book Wholesalers MN Office Of Enterprise Technologies Peterson, Kirsten Quill Corporation Young, Peter Paint Uniforms for Skating Instructors Coffee & Supplies for Concessions Equipment Repair Supplies Equipment Repair Supplies Cable October 2008 Allocation Donuts for Concessions - Rec Center Wipers Blue Coral Wash & Wax Equipment Repair Supplies Refund Learn to Skate Program Printing of Envelopes Televise 36" Storm Sewer Cable Ties Air Filter, Lid Cleaner Professional Services through Oct 22nd Equipment Repair Supplies Nets for Soccer Goals Refund Learn to Skate Program Office Supplies Concession Supplies For Pro Shop Equipment Repair Supplies Equipment Repair Supplies Snow Plow Cutting Edges Skates for Resale General Supplies Recycling Coordinator Service Venter Motor and Wheel, Venter Housing Quarterly Pagers for Fire Department Fuel Reference Adult Books - Fiction/Non Fiction Children's Books September 2008 Telecom Billing Terrace Chair And Table Set Up Office Supplies Terrace Chair and Table Set Up 157.58 328.00 402.30 19.39 143.75 68.33 4,062.50 29.56 277.97 206.48 202.88 65.00 293.99 717.50 29.84 31.57 13,098.33 25.69 702.05 50.00 21.07 261.45 62.40 485.07 961.50 329.57 76.20 3,250.00 362.29 1,299.64 4,180.83 321.29 1025.03 6.65 294.77 14.21 127.49 120.79 EXHIBIT II A" TO RESOLUTION #2008-144 ADDENDUM Action Rental Adams, Dave Anderson, Richard DBA Lowell Inn Carquest Century Power Equipment Clark, Luann Force America Gerlach Outdoor Power Equipment IKON Office Solutions Jefferson Fire & Safety MIA Associates, Inc. On Site Sanitation Pioneer Rim & Wheel Qwest Stender, Jeffrey Stork Twin City Testing T.A Schifsky & Sons Tri-State Bobcat, Inc. TruGreen USAble Term Life Insurance Viking Industrial Center Xcel Yocum Oil Zoller, Rob Adopted by the City Council this 28th Day of October, 2008 Concrete & Trailer Reimburse for Work Boots 50% 1st Half 2008 Property Tax Abatement Equipment Repair Supplies Chains Cleaning at Public Work & City Hall Credit for Inv #01306959 Belt & Kit Maintenance Agreement Suspenders Blue Shop Towels Portable Restroom Rentals Equipment Repair Supplies Telephone and Tl Lines Reimburse for Meals at a Conference Professional Services 2008 Street Asphalt 36" Digger, Bushing Fertilizing & Broad Leaf Control Rec Center November 2008 Life Insurance Chest Waders, Suspenders, Boots Electricity & Natural Gas Fuel Reimburse for Hotel for Conference TOTAL Page 2 " " 117.15 24.92 3,896.32 16.67 83.45 1,057.50 -130.46 260.24 87.48 273.73 365.85 1,222.56 11.54 418.05 41.32 2,596.10 894.39 771.73 320.25 435.12 350.85 13,039.96 1,920.32 221.78 62,409.78 .. .~ :" lit Johnson ~j Controls 2605 Fernbrook Lane N Plymouth, MN 55447 Tel. 866-854-4733 Fax 763-585-5169 INGENUITY WELCOME Mr. Rich Bomt City of Stillwater 216 North Fourth Street Stillwater, MN 55082 PROPOSAL: Replace the failed expansion valve module board on the rooftop chiller at City Hall. Johnson Controls will provide labor needed to replace the failed expansion valve module board on the rooftop chiller at the City of Stillwater, City Hall building. Included in the proposal is: · Mechanical Labor · Expansion Valve Module Board · Mileage to site The following items are not included in this proposal: · Overtime labor Total Labor and Material Cost not to exceed..................$845.00 (Eight hundred and forty-five 00/100 Dollars). Notes and Comments; Proposal is based upon performing the work during standard business hours Additional repairs outside the scope of this agreement will be performed at the direction of Hewlett Packard This proposal includes all freight, taxes, tool charges and labor costs to complete the repairs This quotation is good for 30 days. (IMPORTANT: This proposal incorporates by reference the terms and conditions on the following page.) This proposal is hereby accepted and Johnson Controls is authorized to proceed with the work; subject, however, to credit approval by Johnson Controls, Inc., Milwaukee, Wisconsin. City of Stillwater Johnson Controls, Inc. Signature; Signature; Name; Name: Andi Zacher Title: Title: Service Operation Agent Date: Date: 10/24/2008 POi: .. .. TERMS AND CONDITIONS By accepting this proposal. Purchaser agrees to be bound by the following terms and conditions: I, SCOPE OF WORK. This proposal is based upon the use of straight time labor only. Plastering, patching and painting are excluded, "In-line" duct and piping devices, including. but not limited to, valves. dampers. humidifiers, wells, taps, flow meters, orifices, etc.. if required hereunder to be furnished by Johnson, shall be distributed and installed by others under Johnson's supervision but at no additional cost to Johnson. Purchaser agrees to provide Johnson with required field utilities (electricity, toilets, drinking water. project hoist, elevator service. etc.) without charge. Johnson agrees to keep the job site clean of debris arising out of its own operations. Purchaser shall not back charge Johnson for any costs or expenses without Johnson's written consent. Unless specifically noted in the statement of the scope of work or services undertaken by JCI under this agreement. JCI's obligations under this agreement expressly exclude any work or service of any nature associated or connected with the identification, abatement. clean up, control. removal, or disposal of environment Hazards or dangerous substances, to include but not be limited to asbestos or PCBs, discovered in or on the premises. Any language or provision of the agreement elsewhere contained which may authorize or empower the Purchaser to change. modify. or alter the scope of work or services to be performed by JCI shall not operate to compel JCI to perform any work relating to Hazards without JCI's express written consent. 2. INVOICING & PAYMENTS. Johnson may invoice Purchaser monthly for all materials delivered to the job site or to an off-sire storage facility and for all work performed on-site and off-site. Purchaser shall pay Johnson at the time purchaser signs this agreement an advance payment equal to 10% of the contract price, which advance payment shall be credited against the final payment (but not any progress payment) due hereunder and purchaser agrees to pay Johnson additional amounts invoiced upon receipt of the invoice. Waivers of lien will be furnished upon request, as the work progresses, to the extent payments are received. If Johnson's invoice is not paid within 30 days of its issuance, it is delinquent, 3, MATERIALS. If the materials or equipment included in this proposal become temporarily or permanently unavailable for reasons beyond the control and without the fault of Johnson, then in the case of such temporary unavailability, the time for performance of the work shall be extended to the extent thereof, and in the case of permanent unavailability, Johnson shall (a) be excused from furnishing said materials or equipment, and (b) be reimbursed for the difference between the cost of the materials or equipment permanently unavailable and the cost of a reasonably available substitute therefor. 4. WARRANTY. Johnson warrants that the equipment manufactured by it shall be free from defects in material and workmanship arising from normal usage for a period of one (I) year from delivery of said equipment, or if installed by Johnson. for a one (I) year from installation, Johnson warrants that for equipment fumished and/or installed but not manufactured by Johnson, Johnson will extend the same warranty terms and conditions which Johnson receives from the manufacturer of said equipment. For equipment installed by Johnson. if Purchaser provides written notice to Johnson for any such defect within thirty (30) days after the appearance or discovery of such defect, Johnson shall at its option. repair or replace the defective equipment. For equipment not installed by Johnson, if Purchaser returns the defective equipment to Johnson within thirty (30) days after appearance or discovery of such defect. Johnson shall, at its, option, repair or replace the defective equipment and return said equipment to Purchaser, All transportation charges incurred in connection with the warranty for equipment not installed by Johnson shall be borne by the Purchaser, These warranties do not extend to any equipment which has been repaired by others, abused. altered, or misused, or which has not been properly and reasonably maintained, THESE WARRANTIES ARE IN UEU OF AIL OTHER WARRANTIES. EXPRESS OR IMPUED, INCLUDING, BUT NOT LIMITED TO. THOSE OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE. 5. LIABILITY. Johnson shall not be liable for any special, indirect or consequential damages arising in any manner from the equipment or material furnished or the work performed pursuant to this agreement. 6. TAXES, The price of this proposal does not include duties, sales. use, excise, or other similar taxes, unless required by federal, state or local law , Purchaser shall pay, in addition to the stated price, all taxes not legally required to be paid by Johnson or, alternatively, shall provide Johnson with acceptable tax exemption certificates. Johnson shall provide Purchaser with any tax payment certificate upon request and after completion and acceptance of the work, 7, DELAYS. Johnson shall not be liable for any delay in the performance of the work resulting from or attributed to acts or circumstances beyond Johnson's control, including, but not limited to. acts of God, fire, riots, labor disputes, conditions of the premises, acts or omissions of the Purchaser, Owner, or other Contractors or delays caused by suppliers or subcontracts of Johnson, etc. 8. COMPLIANCE WITH LAWS. Johnson shall comply with all applicable federal, state and local laws and regulations and shall obtain all temporary licenses and permits required for the prosecution of the work, Licenses and permits of a permanent nature shall be procured and paid for by the Purchaser, 9, ATTORNEY'S FEES. Purchaser agrees that he will pay and reimburse Johnson for any and all reasonable attorneys' fees which are incurred by Johnson in the collection of amounts due and payable hereunder. 10. INSURANCE. Insurance coverage in excess of Johnson's standard limits will be furnished when requested and required, No credit will be given or premium paid by Johnson for insurance afforded by others. II. INDEMNITY. The Parties hereto agree to indemnify each other from any and all liabilities, claims. expenses, losses or damages. including attorney's fees. which may arise in connection with the execution of the work herein specified and which are caused, in whole or in part, by the negligent act or omission of the indemnifying Party. 12. OCCUPATIONAL SAFETY AND HEALTH. The Parties hereto agree to notify each other immediately upon becoming aware of an inspection under, or any alleged violation of, the Occupational Safety and Health Act relating tin any way to the project or project site, /3, ENTIRE AGREEMENT, This proposal. upon acceptance, shall constitute the entire agreement between the parties and supersedes any prior representations or understandings. 14, CHANGES. No change or modification of any of the terms and conditions stated herein shall be binding upon Johnson unless accepted by Johnson in writing, ,l'; ~VI5E. ~ RESOLUTION NO. 2008-146 A RESOLUTION ADOPTING AN ASSESSMENT WHEREAS, pursuant to Minn. Stat. ~514.67 and Stillwater City Code, Chapter 33 933-3, the City Council of the City of Stillwater, Washington County, Minnesota, met and considered charges against property for governmental services; and WHEREAS, Notice of the charges that remain unpaid were sent to the present owner on December 6, 2007 and the Developer has refused to pay the charges. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof as Exhibit "A," is hereby accepted and shall constitute a first and prior lien against the lands named therein and each tract of land therein included is hereby foUnd to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in one installment to be payable on or before the first Monday in January, 2009 and bear interest at the rate of five and one-half (5 Y2%) percent per annum from the date of the adoption of this resolution. To this installment shall be added interest on the entire assessment from the date of this Resolution until December 31, 2009. 3. The owner of the property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest, accrued to the date of payment to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this Resolution; and may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment with interest. Such payment must be made before December 15, 2008 or interest will be charged through December 31, 2009. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by affirmative vote of all the members of the City Council this 28th day of October, 2008. Ken Harycki, Mayor . ATTEST: Diane F. Ward, City Clerk ~. ~ STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) I, Diane F. Ward, Clerk of the City of Stillwater, hereby certify that the above and foregoing is a true, full and correct copy of a Resolution adopted by the City of Stillwater at a meeting held, according to law, at Stillwater, Minnesota on the _ day of October, 2008, as the same appears on file and of record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City, this _ day of October, 2008. Diane F. Ward, City Clerk EXHnUT A Legal. C rtificate U it Owne F Per Unit' Total har As e I n rs PID#- ees C roe sessment 63629 202 IFour Slllr Land DewIIoprnent of SlillwaIef l.lC 28.030,20,13,0190 $ 46.00 $316,77 $316,77 63630 :!elf) IFour StIlI land O&veIoomeot of Stillwater U,C 28,030,20,13.0191 $ 20,00 $316,77 $316,77 63531 208 Four Star land OoI;re1opmeot 01 Still\lolhlr LlC 26,030,20,13.0192 $ 1000 $316,77 $3IEI77 63633 212 Four Slar lllnd OeveloprnMl of Sti1Iwaler LLC 28.030,20.13,0194 $ 20.00 $316.7'7 $31677 63635 2Hl four Slar lar.:! I III StilIwaler LLC 28.030.20,13,0196 $ 20,00 $316.77 $316,77 63636 220 four Star Land 0evel0pIllet'11 01 stllfwalw LLC 28,030,20,13.0191 $ 20.00 $3113.17 $316.77 63637 222 FOllr Star land Dl!Yeloprnenl of SlIllwIIt!lr LlC 26030,20.13.0196 $ 2000 $316,77 $316,77 63638 224 Four Star tend of Stillwater LLC 28.030.20,13,0199 $ 20.00 $316.76 $316,76 ~ 22ll FQ\ll' SIror Land 01 Stillweler LLC 26.030.20,13.0201 $ 2IlOO $316.78 $316,78 6364:1 232 FOUl Sl8r Land DeveIopmenlol Stillwater lLC 28,030,20.13.0203 $ 20.01) $31tl.18 $316.78 63645 236 FOlfr StIlI Land of Stillwater LLC 26,030,20.13,0206 $ 20.00 $316.78 $316,76 63646 240 FlllK star tand ~ of Stillwater LLC 28.030.20,13,0207 $ 20.00 $316,78 $316,78 63647 242 Four Sler Land nl 01 Stillwater LLC 2(\,030,20.13.0208 $ 10,00 $316,78 $3ul1a 63648 244 Foor StIlI Land >1M Iopmeot or Stlllwmr LLC 28.030,20.13,0200 $ 20,00 $316.78 $316.76 63652 252 Four StIlI land of $I.ll/wttlw LLC 28.030.20,13.0213 $ 20.00 $316,76 $316.76 63653 :154 Foor Star Land Jew Iopmeot of Stillw8lw LLC 28030.20,11l0214 $ 20,00 $316,78 $316.78 63658 300 Four Star land of StUlwlIt<< LLC 2lUl3O.20.13.0219 $ 20,00 $3HI.78 $31676 636S9 302 Four Slar Land Ol!\/ell)pmenl of stKlt.omler LLC :7.8.030.20,13,0220 $ 20,00 $316,78 $316.76 63661 306 Four Slar land ~oprnent of SlIllwa1ar LLC 28,030,:/0,13.0222 $ 20,01) $316,18 $316.78 6300:! 306 Four Slllr Land of SlIllwa1ar LLC 26030,20.13,0223 $ 20,00 $3Ul78 $311l.78 !l3OO.1 310 Four Sler l.end DeIieloprnent of Stillwater LLC 28,030.20,13-0224 $ 20.00 $316,78 $316,76 63IJ65 314 Four Star Land of SllI1waler LLC 21l.O30.2O,13,0228 $ 20,00 $316,78 $316,78 63009 324 Four E.'tar Land Development of SlIllt.omler LLC 28,030,20.13,0230 $ 20,00 I $316.78 $316,76 53670 ~ 0/ StiIlwatwLLC 28,030,20,13,0231 $ 20.00 $316.78 $316.78 63671 328 OllVblopmonl of Stillweter LLC 26,030,20,13,0232 $ 20,00 $316.78 $316.76 63672 330 Four star land O<3velopmenl of StIllw8ter LLC 2\Hl3O,20 13.0233 $ 20,00 $31&78 $311$.78 6367t\ 3.>6 I"our Slat land OeielOpmeot of StilIwaler LLC 28.030.20.13,0237 $ 20,00 $318,78 $316.78 63681 . =: Four Slar land Development 01 Slillwalw u.e 28,030,20 13. Cl242 ~ $316.76 $316"78 63663 FOllT Star land of SlIllwehlr LLC 28030 ,20, 130244 $318,78 $316.78 63684 354 Four Star Land of stlllwaler LLC 28,!l3O.2O,13,0245 $ 20,00 $316,76 $$115.76 63687 360 Four Star latld Development of SlillwallOr LLC 28,030,20.13.0248 $ 20.00 $316,76 $3lEU8 ll3669 364 Four Sler Land of SlillW&ler l.lC 26.030.20.13,0250 $ 2000 $316.78 $316,78 63692 404 Four Star Land OeWopm\lnl of SlillwallOr Ll.,C 28.030.20,130253 $ 20,00 $316,78 $316.78 636(6 410 Four SI..- Land DewIopment o! SllllwllIer lL C 26,030,20,13.0256 $ :ZO,OO $316,7e $316.78 63896 4i2 Four Star LaM Dewloprnent of Stillwatw LlC 28030.20.13.0257 $ 20,00 $316:16 ,~ 60097 414 Four Star Land Development of S~ LtC 28,030,20 13.0258 $ 20,00 $316,78 $316,711 63009 418 Four Star land of Stlllw!llllr LLC 211.030,20,13.0260 $ 20,00 $316.78 $316,78 63700 4;IQ Four Star Land Oeiel<lp!mmt of Stillwater tLC 28.030,20, 13,0:161 $ 20.00 $316,76 $316,78 637\l!1 434 Four Slar Land Oe'1Ieiopmeot of StilIwaler LLC 28,o.~,20,13.0269 $ 20.00 $316,76 $S1tn6 63710 436 Four ShY land DeIieloprnenl of StUlwlIt<< LLC 28,030.2013,0271 .10~'6.78 $316,78 63711 440 Four Star laM of Stillwater LLC 28,030.20.13,0272 $ 16,78 $316,78 6371:2 44:! Four Star Land of SlIllwater LLC :2lI.03O,20.13,0273 $ 20.00 $31678 5316.78 6371/l 450 Four st..- Land Development 01 Sti~ LLC 26.030,2013,0271 $ 20,00 $316,76 $31678 1>3717 452 Four Star Land Dewlopment of Stillwetllr LLC 26,030,20.13,0218 $ 20,00 $316,78 $316.78 6:l'fle <154 Four star laM or StJIlweter l.lC 28.030.20.13,0279 $ 20.00 $316,76 $316.18 6372:/ 464 Four SIar land Ol!\lt!lopmeni 0/ stillwater ltC 26,030,2O,13'c1283 $ 20,00 $316,18 $31/1.78 TOTAl $9<46,00 $14.571.81 r~illwat~ .... ._----:::;:;--- .--=::;;; '~ Administration ') Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 10/28/2008 Re: Downtown Parking Commission I have received an application from Curt Newcomb expressing his interest to serve on the Downtown Parking Commission. Also asking for reappointment is Michael Rice and Chair Kevin LaCasse. Staff has been continually advertising for applicants for this Commission, as well as placing information on the City's web site and has only received Mr. Newcomb's application so far. In an attempt to fill the commission, Council revised the bylaws in March 2008 to allow for more residents to participate on the Commission. Even if Council would appoint Mr. Newcomb and reappoint Mr. Rice and Mr. LaCasse, the commission is still two (2) members short. Council has changed its process of appointments to a commission, therefore I request direction if the Council wishes to interview Mr. Newcomb, Mr. Rice and Mr. LaCasse or appoint/reappoint them at this time. I have spoken to Councilmember Gag and he wishes this to be a discussion item at tonight's meeting. After discussion, if Council wishes to appoint/reappoint Curt Newcomb, Michael Rice, and Kevin LaCasse they should pass a motion to adopt a resolution appointing them to the Downtown Parking Commission. ~~ , CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING MONDA V, NOVEMBER 10, 2008 Workshop Meeting 6:00 p,m. for review of 2008 Comprehensive Plan Update. The City of Stillwater Planning Commission will meet on Monday, Noyember 10, 2008, at 7 p.m. in the Coundl Chambers at 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. AGENDA 1. CALL TO ORDER 2. APPROVAL OF OCTOBER 13, 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 presentatlOn,.( the Chairperson will then ask for comments from the applicant on the proRosed item. The chairperson will then ask if there is anyone present who wishes to speak for or against the proposed item. The Chail:Person may require a time limit on the number of minutes each member of the public may speak, normally fIVe minutes. Members of the Rublic who wish to speak will be requested to stej;) fOlWard to the j;)odium 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. Case No. 08-40. A street vacation request for a 166 x 30 foot portion of Panama Avenue and a 82 x 60 foot portion of Hubert St in the APt Agricultural Preservation District. Washington County Public Works, applicant. Continued from the September 8, 2008 meeting. Case No. 08-44. A variance request for the height regulations from an adjacent structure for the final phase of Maple Island located at 225 Main Street North in the CBD, Central Business District. Mainstream Development LLC, Vem Stefan, applicant. Continued from the October 13, 2008 meeting. Case No. 08-47. A variance reQuest for the construction of an inground pool located at 224 Rutherford Road in the TR, Traditional Residential District. Valley PoolS & Spas, representing Donald and Janine Harvieux, applicant. Case No. 08-46. A zoning text amendment to the sign regulations to Section 31-509 Subd. 8 related to signage in the BP-Business Park zoning district. City of Stillwater, applicant. 4. OTHER BUSINESS 3.01 3.02 3.03 3.04 AGENDA CITY OF STILLWATER CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street October 28, 2008 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA STAFF REPORTS 1. Police Chief 2. Fire Chief 3. City Clerk 4. Community Dev. Director Fift1.ir;:loe Direotor City Administrator CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Discussion on Speoial Event - 2009 Marathon - St. Croix Events 2. Comp Plan Review 7:00 P.M. AG!:NDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES - POSSibl~.abpr~~al of Octo~.~r 21, Tuesday) '. meeting minutes (available PETITIONS, INDIVIDUALS, ~.!=LEG S OPEN FORUM The Open Forum iSl;! portion of th Counc:il{jfi~eting.t~address Counoil on subjects which are not a part of the meeting agenda. The Council m ke actidl')~rreply at the time of the statement or may give direction to staff regarding investigaticm of the concerl1$expressed. Out of rescect for others in attendance, please limit your comments tOi5minutes or les$~ CONSENT AGENDA * 1. Resol~tion~008-143, direqtingpayrnent of bills 2. Resolution2EJQ~-144, approval of resolution allowing the accumulation and use of storm water credits 3. Possible';CiPpro~~I~~~wchase laptop & dooking station-Administration & Fire 4. Possible~~~~pval top ase upgrade software for SOL Server - MIS 5. ResolutioQi2'008-145,'0Iution appointing additional election judges and fixing compensation 6. Possible fun~ing for Lowell Park reproduction plaque 7. Possible appF~yal(to purchase 5 roadtemp sensors - Public Works 8. Resolution 20Q&:;"146, resolution adopting an assessment PUBLIC HEARINGS - Out of respect for others in attendance. clease limit your comments to 10 minutes or less. 1. This is the date and time to consider an ordinance amending the Charter of the City of Stillwater as it relates to Councilmembers serving on the Charter Commission. Notice was published in the Stillwater Gazette on October 9,2008. (Tabled from 10/21/08 meeting - 1st reading - Roll Call) UNFINISHED BUSINESS 1. Case No. 08-39. Possible 2nd reading of Ordinance 1001, an ordinance amending the Stillwater City Code by changing Section 31-204, Subd. 6 entitled "Permit Life Cycle". (2nd reading - Roll Call). NEW BUSINESS 1. Possible approval of designation of Oak Street (between 4th & 5th Street) as a one way street (Resolution - Roll Call) 2. Liberty Stop Study PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed under the consent agenda are consideredtP be routil'l~by the Cif~ Council and will be enacted by one motion. There will be no separate discussion on thes~jt~ms unless a Council Member or citizen so requests, in which event, the it~I'tI$Will.beJemoved from the c::ori~~rlf agenda and considered separately. Page 2 of 2 ., :l Hi ,"'. 4tlt St....~et ~-UiUu.'"'e,.~ iffl~ 55tW:l Teleplunw: 651.4::&O-BBmJ t'Q-x: (J51430-81~09 APPl.ICATION FOR SPECIAl.. EllENT All items on application MUST be completed and received by the City 45 days prior to proposed event ' Incomplete applications will not be processed Submittal Date: APPLICANT INFORMA nON Organization. Contact Person Address City Daytime Phone ,I J4.J 0 ~ I J Email Address: b Ec.r< e.t:, i.c.. ~ S:.-r (t<o pC EvE~ . <:tll)! S-rH...u..J'" nR. In,,,IJ..''''''-rfo-J / >T. ~;)( Evt...,.) Type of I Organiza~ion -""_'~'-"-.,,. ."-...~ \ I j .....L-..~... /Aolco<..foL-.J..TH"'4 '-..1 ~ 6ClL~ . <,1\4 v E.. Ec:.t; e.~k.Go P.o. "&0.)( s." S.,-,u...c)..Ln'( state rn N. Zip .s-.s-o.s...\.- ~/'" ~o -~.,o(. Alternate Number ~s: /- .}<::~... ~clC).f (c..e: c.~ EVENT iNFORMA TiON (Special Events involving the use of City Property may require Park Board or Parking Commission Review. Events on Private Property may require Planning Commission review) Date(s) of Event m A'I..J";' ,), cc'1 (YYl43 ~~', ~oo"l \ $."e-r- C( P ) Hours of EVElnt R <>l ('."E. s;.T.,)~ 1"::. . 7.#. "l . (Special Events conducted after 1(J;OO p.m., require Council approval of a variance to the noise ordinance) E-",J:..5. ;A/ /-hJl.'i--- Yvw~4 Trla-4 ~c>,,~J..~ A Il~..o '{Y}", (. <0 .,. o.(cs .J A AI ,"rI.<Jw4.L mo1;..Ji7'I::H:>4 . ProposecH.ocation of Event (be specific). ~ /(e"t.E..... w ,LL th -r,.j. ':, 1/41. f- v.j'C;. ~ IttC..s.~...~u . Type of Event ~ ""J. I () If Lowell Park is to be , '" ~o I() e.c... Yo, ""<' . "6Jt..~ used: - North Lowell Park or "&6~ ?/01-7'-I d ~ South Lowell ParI< j (Circle which one or both) <>I~ R.rc~<<.~!!:.n"..tCt> 7-1<{)/ {(v.~...;,o.t{. ~..,c.,,-('J'o) Estimated number of people to attend U '-1/{ N (J vtJ '" Following Information must be supplied (Put a check next to items pertaining to your event. If not applicable.. Please put N/A in the space) Selling Alcohol Permit to Consume Site Map (required) Impact on Parking (required) Temporary Liquor Licenses are ONt Y available to non.proflt organizations. $25.00 per dily (for the consumption of beer, wine, wine coolers, and hard liquor on public property (parks) . $35.00 fee) f'\ ~ (attach to application) i ':! ~oe~~E, Describe: "t-.<cP~~~ ~ Q", ~ ()~TH.., e. oJ -fI.. ~ ~ ~ e'T'r c.:pv!: t..e\lE. c. . I (CONTINUE ON BACK) 'lA. Special Signage x Describe: .$-rv,J..."J.... {ct"A!;"'~ ,e<>l'~ .s",ol~ Letter of Approval by Property Owner if on Private .J /~ ' Property (attach to application) *- Tents or Membrane Structures Cooking Operations Water Activities (River/Lakes) ~!::. Size e.<"'tCA./flV<J ~ ..... Propane l-[ ~s. ~ River Lake Name: Location NMffl f ~T'" Exiting Points Deep fat frying Other EMS Needs Open Flame or Burning Operations Fireworks Street Closure ~EMTStandbY ~"s .!!fL Ambulance Standby "1 €.s, <J Fire Department Standby ~ D Describe Police Officer Needed Restrooms (Portable) .!I.:..-. " No"- A '-/T.e., f...... 1.-. What Streets: (Required if alcohol is being served on public property and attendance is over 75 people o( at the discretion of the Police Chief) - Contact Stillwater Police (651- ;a-"~ - rbJ;J 4351-4900) to arrange for officer -A.. (Applicant to pay for restrooms - Contact Public Works 275-4100) Live Entertainment 1L . Type of Music ~U(~()""il) - /ol'5.f,r!VT~tJ<-L Level of Promotion/Advertisement /0 ~<L APPIiC~~~~ / (~,i~ ~ e.-re. (. 01 "'.1 ~ ':> - Community Development 0 Comments: City Administrator 0 City Clerk 0 Fire Chief 0 Police Chief 0 Public Works Director 0 Public Works Superintendent 0 Parks Board Approval Required D Planning Comm. Appr. Required 0 City Council Approval Required D FEES (if applicable) Permit to Consume: Temporary Liquor License $25,00 per day Event Fee Deposit $250.00 Other Fees: TOTAL FEES it. Diane Ward J Stuart Glaser Thursday, January 17, 2008 11:36 AM Diane Ward; Beth Wolf; Bill Turnblad; John Gannaway; Larry Hansen; Michel Pogge; Nick Chaves; Shawn Sanders; Tim Thomsen Tom Ballis RE: 2009 Event - Marathon From: Sent: To: Cc: Subject: This event has the potential to have considerable impact on multiple communities and agencies. Items needing to be addressed; 1, EMS - Course runs through multiple EMS provider coverage areas and each will need to be notified to determine participation, resource needs and cost 2, Will participation be limited? If not, potential for thousands of participants, e.g., Grandmas Marathon hosts approximately 10,000 +, Twin Cities hosts over 10,000 as well. This will significantly impact downtown and traffic at at the finish area. 3, Porta potties a must 4. Finish line medical area a must 5. City Council will need to determine if they are providing police and fire personnel and absorbing the cost or if this will be billed to event promoter. 6, Food vendors will be inspected and invoiced fire inspection fee of $1 OO.OO/per vendor. Additional planning items will surface as this moves forward but this is a start. Stuart W. Glaser Fire Chief City of Stillwater 216 North Fourth Street Stillwater, MN 55082 651.351.4970 Office 651.351.4967 Fax mailto: sglaser@ci.stillwater.mn.us From: Diane Ward Sent: Thu 1/17/2008 10:52 AM To: Beth Wolf; Bill Turnblad; John Gannaway; Larry Hansen; Michel pogge; Nick Chaves; Shawn Sanders; Stuart Glaser; Tim Thomsen Subject: 2009 Event - Marathon Attached is a special event application from St. Croix Events for a marathon to be held on May 24, 2009. This event will require Council approval. Any comments/questions I'll send to Dave. This item could go before Council the 1st or 2nd meeting in February, depending on any other commission review - Parks Board. Please let me know your concerns/comments. Thank you 1 .. Diane Ward From: Sent: To: Cc: Shawn Sanders Thursday, January 17, 2008 11 :02 AM Diane Ward Beth Wolf; Bill Turnblad; John Gannaway; Larry Hansen; Michel pogge; Nick Chaves; Stuart Glaser; Tim Thomsen RE: 2009 Event - Marathon-comments Subject: Needs to check with Mn/ Dot for use/shared use of their right-or way. Better description of coned off areas and Lowell park usage Will have impacts to parking, Should be looked at by parking commission May result in loss of parking in downtown area. He should be responsible for cleanup of the park Shawn Sanders, PE Director of Public Works City of Stillwater Phone (651)430-8835 e-mail ssanders@ci.stillwater.mn.us From: Diane Ward Sent: Thursday, January 17, 2008 10:53 AM To: Beth Wolf; Bill Turnblad; John Gannaway; Larry Hansen; Michel pogge; Nick Chaves; Shawn Sanders; Stuart Glaser; Tim Thomsen Subject: 2009 Event - Marathon Attached is a special event application from St. Croix Events for a marathon to be held on May 24,2009. This event will require Council approval. Any comments/questions I'll send to Dave. This item could go before Council the 1st or 2nd meeting in February, depending on any other commission review - Parks Board. Please let me know your concerns/comments. Thank you Diane F. Ward, City Clerk City of Stillwater 216 4th Street N Stillwater. MN 55082 Phone: 651-430-8802 Fax: 651-430-8809 4 ~ Diane Ward From: Sent: To: Subject: Larry Hansen Thursday, January 17, 2008 11 :23 AM Diane Ward RE: 2009 Event - Marathon Will require park board and council approval. Coordination with police and fire and public works. From: Diane Ward Sent: Thursday, January 17, 2008 10:53 AM To: Beth Wolf; Bill Turnblad; John Gannaway; Larry Hansen; Michel Pogge; Nick Chaves; Shawn Sanders; Stuart Glaser; Tim Thomsen Subject: 2009 Event - Marathon Attached is a special event application from St. Croix Events for a marathon to be held on May 24,2009. This event will require Council approval. Any comments/questions I'll send to Dave. This item could go before Council the 1st or 2nd meeting in February, depending on any other commission review - Parks Board. Please let me know your concerns/comments. Thank you Diane F. Ward, City Clerk City of Stillwater 216 4th Street N Stillwater. MN 55082 Phone: 651-430-8802 Fax: 651-430-8809 3 First Race: Start Time: Starting Point: Finish Line: Marathon Course: Sub Race Course(s): Traffic Control Points: .. Stillwater Marathon Fact Sheet May 24, 2009 (Sunday) 7:00 a.m. Title Race - Marathon (26.2 miles) Franconia Trail & State Highway 95 Sub Race(s) - 20 miler, half marathon both under consideration. To be determined 100 Feet South of the Flagpole in Lowell Park. On the north shoulder of Minnesota State 95 (coned) to Arcola Trail (18.7 miles from start); Arcola Trail (coned) back to Minnesota State 95; Minnesota State 95 (coned) to Mulbury Street; Mulbury Street (coned) to Lowell Park; through Lowell Park to Sam Bloomer Way; Sam Bloomer Way to finish. TBD - All course(s) will stay on the Marathon Course. No Road closures anticipated. Officer needs to be determined. Water Stops & Aid Stations: To be determined. Race Start Staging: Finish Line: Course Mileage Marks: Marathon - Franconia Sculpture Garden and by bus from Stillwater parking lots. (High School, Andersen, etc.) Sub Race(s) - TBD Lowell Park - Downtown Stillwater. Franconia TraiVState 95 - 0.0 Osceola Cut/State 95 - 4.30 Washington County/Chisago County Line-7.00 Marine on the St. Croix -14.30 State 95/ Arcola Trail- 18.70 Arcola Trail/State 95 - 22.75 ,. , " l 'St.Croix .. . ~YE NTS ,I N. C Mr. Larry Hansen .. City Admini~trator City of Stillwa.ter 216 North: Fourth Street Stillwater, Minlle~ota 5~082 Re; ....,. I i.",', ..' '. '..... Stillwater Marathon '09 Park Reservation Dear Larry: Weare moving llilead with the Stif1w~ter Marathon project, With that in 1,11ind I thought . ,sending iri a park reservatiot} form would be agood start. Iherefore,. enclosed is that . form. I am also enclosing a "Fact Sheet" Ot} the races. .... . . As you can see atthis time the project is in its f011Ila~ivestage. IwiIlkeep youinfonned " as various areas of the race:becOIl1efitn1. ' , I,am 100kingforWardt~'ma.king.this'a wonde~l evel1t for oUr city. amI area. . V dry best regards, DAVE ECKBERG . Coordinator. I .,j '. P.O. Box 31.1 · Stillwater, MN 55082' .Phone65J /43,0:-2306 · Fax651/430-0563 LIST OF BILLS EXHIBIT II A" TO RESOLUTION #2008-143 Abbott Paint Advanced Sportswear AI's Coffee Company Carquest Auto Parts CATCO Parts and Service Comcast Community Volunteer Service Cub Foods Denny Hecker Auto Connection Ecolab Vehicle Care Division Force America Hafner, Jane Heritage Printing, Inc. Infratech, Inc. J.H. Larson Electric L.T.G.Power Magnuson Law Firm Menards Minnesota/Wisconsin Playground O'Niell Christy Office Depot proguard Sports, Inc. Pump & Meter Service, Inc. R & R Specialties, Inc. Red Horse Truck Body & Hoist LLC Riedell Shoes, Inc. Scott Lighting Service on a Shoestring United Refrigeration, Inc. USA Mobility Wireless, Inc. Yocum Oil Company LIBRARY Baker & Taylor Baker & Taylor, Inc. BWI Book Wholesalers MN Office Of Enterprise Technologies Peterson, Kirsten Quill Corporation Young, Peter Paint Uniforms for Skating Instructors Coffee & Supplies for Concessions Equipment Repair Supplies Equipment Repair Supplies Cable October 2008 Allocation Donuts for Concessions - Rec Center Wipers Blue Coral Wash & Wax Equipment Repair Supplies Refund Learn to Skate Program Printing of Envelopes Televise 36" Storm Sewer Cable Ties Air Filter, Lid Cleaner Professional Services through Oct 22nd Equipment Repair Supplies Nets for Soccer Goals Refund Learn to Skate Program Office Supplies Concession Supplies For Pro Shop Equipment Repair Supplies Equipment Repair Supplies Snow Plow Cutting Edges Skates for Resale General Supplies Recycling Coordinator Service Venter Motor and Wheel, Venter Housing Quarterly Pagers for Fire Department Fuel Reference Adult Books - Fiction/Non Fiction Children's Books September 2008 Telecom Billing Terrace Chair And Table Set Up Office Supplies Terrace Chair and Table Set Up 157.58 328.00 402.30 19.39 143.75 68.33 4,062.50 29.56 277 .97 206.48 202.88 65.00 293.99 717.50 29.84 31.57 13,098.33 25.69 702.05 50.00 21.07 261.45 62.40 485.07 961.50 329.57 76.65 3,250.00 362.29 1,299.64 4,180.83 321.29 1025.03 6.65 294.77 14.21 127.49 120.79 MEMORANDUM To: Mayor and City Council <)J>6 From: Shawn Sanders, Public Works Director Date: October 17, 2008 Subject: Resolution Allowing the Accumulation and Use Of Storm Water Credits In Member Communities with the Middle St. Croix Watershed Management Organization. DISCUSSION During the past year, City staff initiated discussion with the Middle St. Croix Watershed Management Organization (MSCWMO) regarding the allowing of storm water credits for construction projects in the City. This was initiated because of last year's street reconstruction on Eagle Ridge Trail where a number of rain gardens and infiltration basins were constructed that exceeded their MSCWMO volume control requirements. Staff felt that because of this excess and since future street projects may not be conducive for rain gardens because of space constraints, site conditions etc. there should be some way of using these excess amounts for future use. The MSCWMO considered this request, and has since prepared a resolution that would amend their Management Plan. RECOMMENDATION Since this could potentially benefit the City on future construction projects staff recommends that Council should approve the attached Resolution Allowing the Accumulation and Use of Storm Water Credits in Member Communities. ACTION REQUIRED If Council agrees with the recommendation they should pass Resolution No. _ Resolution Allowing The Accumulation And Use Of Storm Water Credits In Member Communities. MIDDLE ST. CROIX WATERSHED MANAGEMENT ORGANIZATION RESOLlmON ALLOWING THE ACCUMUlATION AND USE OF STORMW A TER CREDITS IN MEMBER COMMUNITIES WHEREAS Section 5.1.4 of the Middle St. Croix Watershed Management Plan states that runoff must be managed through on-site infiltration; and WHEREAS member communities have stated that on-site infiltration is not always feasible due to sity limitations; WHEREAS to assist member communities in implementing the Policies and Performance Standards of this Watershed Management Organization; WHEREAS the Board proposed the following addition to the Watershed Management Plan as a minor amendment on August 14th, 2008: When specific site conditions make the installation of infiltration features unfeasible, stormwater management requirements set forth by the MSCWMO may be met using accumulated storm water credits. Criteria for an unfeasible site will be any project site where infiltration BMPs cannot be built due to the presence of: o Low soil permeability o Bedrock within three feet of the bottom of the infiltration feature DWells o Utility locations o Karst areas o Contaminated soils o The high potential for groundwater contamination due to infiltration o The cost to build the infiltration feature exceeds the cap set annually by the MSCWMO board o Other hardships determined by the MSCWMO board Applicants may accumulate storm water credits through the creation of excess infiltration area on project sites where favorable conditions exist and space allows - for their own future use. The amount of excess infiltration area built will be calculated one year after the features area constructed. Once official measurements of excess infiltration have been documented, the applicant may use the accumulated storm water credits at a ratio of 1: 1. The MSCWMO will document the accumulation and use of storm water credits. Projects requiring the use of stormwater credits must obtain these credits from a site nearest to the project location using the following sequencing: o Within the same drainage area o Within the same sub-watershed o Within the same city or township Storm water credits may only be used on sites where infiltration BMPs are not feasible (see criteria above), regardless of the amount of credits an applicant holds. A maintenance agreement must be submitted when implementing the stormwater credit policy that ensures the existing stormwater feature will be maintained and continue to function properly. THEREFORE BE IT RESOLVED that the above resolution was passed and adopted by the City of Stillwater on this 28th day of October, 2008. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk STAFF REQUEST ITEM Department: Administration/Fire Date: 10/24/08 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of two laptops w/docking stations for the Administration and Fire Departments. 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 budget. Total cost will be $3108.00 plus tax. 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: 10/24/08 Find a Laptop, Notebook, Desktop, Server, Printer, Software, Service, Monitor or TV at ... Page 1 of2 MLI.M Dell recommends Windows Vista4ll Business. View/Print Cart ~ Print Page Close State and Local Government Retail Store E-auote Number: 1008057372437 Saved By: Rose M Holman Phone Number: (651) 430-8804 rholman@ci.stillwater,mn,us Purchasing Agent: Saved On: Wednesday, October 22, 2008 Notes/Comments: Expires On: Friday, November 21, 2008 Additional Comments: Description Latitude E5500 - New! Date & Time: October 24,200812:23 AM CST SYSTEM COMPONENTS Latitude E5500 - Newl Qty 2 Intel4ll Core™ 2 Duo T7250 (2,00GHz, 2M L2 Cache, 800Mhz FSB), Genuine Windows Vista4ll Business Downgrade,XP Unit Price $1,554.00 Professional SP3 Install,E Catalog Number: 84 W130 Module Latitude E5500 Operating Systems Memory Internal Keyboard Graphics Primary Storage Touchpad and Fingerprint Reader Options LCDs AC Adapter Primary Optical Device Wireless LAN (802.11) System Documentation Primary Battery Carrying Cases Hardware Support Services Installation Services Processor Branding Description Show Details Intel@Core™ 2 Duo T7250 (2.00GHz, 2M L2 Cache, BOOMhz FSB) Genuine Windows Vista@ Business Downgrade,XP Professional SP3 Install,E 2.0GB, DDR2-BOO SDRAM, 2 DIMMS Internal English Dual Pointing Keyboard Mobile Intel@ Graphics Media Accelerator 4500MHD BOGB Hard Drive, 5400 RPM Touchpad and Trackstick dual pointing 15.4 inch Wide Screen WXGA LCD Panel 90W Slim AlC Adapter (3-pin) BX DVD+/-RW w/Roxio and Cyberlink PowerDVDTM Dell Wireless™ 1397 B02.11b/g Mini Card Resource DVD - Contains Diagnostics and Drivers 9 Cell Battery Deluxe Large Nylon Carrying Case 3 Year Basic Limited Warranty and 3 Year NBD Onsite Service No Onsite System Setup Intel Core 2 Duo Processor http://premierecomm.dell.comldellstorelPopUps/popup -print_ cart.aspx?c=us&cs=rc9782... 10/23/2008 , Find a Laptop, Notebook, Desktop, Server, Printer, Software, Service, Monitor or TV at ... Page 2 of2 os Labels Docking Solutions Vista Premium Label E-Port Plus, Port Replicator TOTAL:$3,108.00 Total Price Sub-total $3,108.00 Total Price 1 @2008 Dell For customers of the 50 United States and the District of Columbia only, Site Terms I Terms of Sale I Privacy I Feedback ... Tc~ Large Text sn ECM2 http://premierecomm.dell.com/dellstorelPopUps/popup -print_ cart.aspx?c=us&cs=rc9782... 10/23/2008 STAFF REQUEST ITEM I Department: MIS I Date: 10/24/08 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of upgrade to SQL Server Software with Software Assurance. 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 will be $4540.00 plus tax. Money has been allocated in the 2008 capital outlay budget for this purchase. ADDITIONAL INFORMATION ATTACHED Yes No X 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: 10/23/08 RESOLUTION 2008-145 APPOINTING ADDITIONAL 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 in October, 2008 at the City of Stillwater and eligible to serve at the General Election to be held on November 4,2008. Last Name First Name Address Jackson Mary Jo 310 Birchwood Drive N Needham Patrick 124 Lakeside Drive Reed Maureen 8596 Kimbro Lane N 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 that the City will provide food to judges as part of their compensation. Adopted by the Stillwater City Council this 28th day of October, 2008. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk ~~te~ '.I[ B'"lHPLACE 01 MiNNESOrA ") City Council DATE: October 24, 2008 ITEM: Possible funding for Lowell Park Reproduction Plaque CC DATE: October 27, 2008 PREPARED BY: Michel Pogge, City Planner M ~ DISCUSSION This spring local stonemason Paul Johnson volunteered his time to replace and restore the stonework at the base of the Lowell Park Flagpole. During the same time, the flagpole was rebuilt and artistic leaf work on the base flagpole was restored. The last remaining item to be address is the replacement of the plaque that was stolen from the flagpole in the late 1980' s. City Staff has been working with various plaque vendors (including the company that made the original plaque) to complete a reproduction of the original plaque. In order to obtain a design and a firm price, a layout of the plaque needs to be completed. Staff has contacted local sculpture Paul Nesse, who works with St. Paul Foundry, and he has agreed to complete a layout of the plaque for $200.00. The Park and Recreation Commission and the Historic Preservation Commission have discussed the replacement of the plaque. The HPC believe since the flagpole itself is a contributing item in the Downtown Stillwater Historic District as listed on the National Registry of Historic Places that a restriction plaque is appropriate in the case. FISCAL IMPACT Since the replacement would be a custom crafted plaque the cost of the replacement plaque will be more than a standard" off the shelf" plaque. A standard plaque that replaces the sculpted Lion's Head with the Lion's Club logo would run between $500 to $600. It's estimated that a reproduction plaque will cost between $4000 to $5000. Since the flagpole is listed on the National Registry of Historic Places, the City's insurance, through the League of Minnesota Cities, has agreed to cover all costs over $1000 for a reproduction plaque. The Lion's Club has tentatively agreed to pay $333.00 towards the plaque. The City would cover the remaining cost out of the park operations budget ($333.00) and the HPC's historic restoration account ($334.00). STAFF RECOMMENDATION Approve the expenditure of $200.00 to have a design layout completed for the Lowell Park Flagpole Plaque. STAFF REQUEST ITEM I Date: 10-24-08 I Department: Streets DESCRIPTION OF REQUEST (Briefly outline what the request is) Request to purchase 5 roadtemp sensors for our plow trucks. These sensors monitor air and road temperature and will aid drivers in the amount of salt spread on city roads. 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: $3,676.75 + shipping & tax. 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. I Submitted by: 4 ~ I Date: l(rZ-'i-og IUIZZIU~ IZ:~~ ~" ~U, ~UK~t: A.er~ca Inc. ~UK~t: A.er~ca Inc ~age Z ot ~ .~~~~9U 01 MINNEAPOLIS SERVICE CENTER FORCE AMERICA INC. 601 E CLIFF RD BURNSVILLE, MN 55337-1583 Quotation# Location# Date Page 164543 01 10/22/08 1 OF 1 ** Quotation ** 020697 CITY OF STILLWATER 216 NORTH 4TH ST. STILLWATER, MN 55082-4807 Ship To: CITY OF STILLWATER 216 NORTH 4TH ST. STILLWATER, MN 55082-4807 Ord-Date:10/22/08 Expire:01/20/09 Written:SMK Terms:NET 30 DAYS Cust P/O:ROAD TEMP Reps:101/SSC Ship Via:UPS GROUND =============================================================================== =============================================================================== Product/Description Quantity Price U/M Extension ------------------------------------------------------------------------------- 51 0 OSA-ROADTEMP-SENSOR ROADTEMP & TCOMP MODULE, SENSOR & HARNESS I~ 735.35 EA 5,882.80 =============================================================================== ***Unless Otherwise Noted, Prices Do Not Include Freight. Merchandise Total' ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- 6,265'.18 ------------------------------------------------------------------------------- Accepted: By: Date: ƒ ) •0-a) 0. \� 30 /\/ ±% Iƒ ±2£ ai 2\ /K onLL M„ -2 \ / ± 0 \I o\ § y2 of . 6\ \e = \ ]/ . \e E5 ci 0= = - Ey ±ƒ E K 2 / 0)+ \ & \ a % E E 7 % - 5» -0 a 0 1- %/ \\ 2\ 2} #k &7 0 ƒ6 o \\ • Sensor Features: RoadWatch SS ca \/ • ct a \o o 3/ as CC oadwatch Safety System CZ cn cu C. E N4. EoO_ a) 0U) A az CO • _Y ^y�, • L N -c4 . cA Lif) al o Vl O CU ,�' E a�i a) �' c U - N C a) O a) O ca CP , 'i a a) w Y o c Y E Y w N .N -O O '? C .. a) d L cA C} _O N O O E cG U co o a p a O L ca m c c E O a) c) v c) E N o cc) •° s c Z U f� C d U O cn L a) CO d co © co CO N C O-0 U �• N c p a O VT f:" s. in E > 9F O c O d *-+ "' o tsc5 - ` > ayEi _' E 0 Ui 3a 2 - - U° a) co ) 0 L a) _ C f!) E y �, en COc P. `� w m a) [n E V3 Q. U c N a7 m 4) O L CL)Y O L m cn 0.y c=a rn v> `n � cca o) >, v) .CES u) y a o 0 aJ d co U =O Y Q a c? E E c=o ? 3 axi c a a m o o .c) C. c o_c _= o a cd in s 3 8 i O .', a .N E° 2 s coo cc Q o •�' CP CC W aci 7, a .� CD C m coi.l x 0 O y J MAGNUSON LA wFlRM LICENSED IN MINNESOTA AND WISCONSIN TIlE DESCH OFFICE BUILDING 333 NORTH MAIN STREET' SUITE1i202 . STILLWATER, MN 55082 TELEPHONE: (651)439-9464 . FAX: (651)439-5641 WWW.MAONUsONLAwF1RM.COM DAVID T, MAGNUSON DTMAGNUsoN@MAGNUSONLAwFIRM,COM JOHN D. MAGNUSON JDMAGNUSON@MAGNUSONLAWFIRM.COM MEMORANDUM TO: Mayor, City Council and Staff FROM: David T. Magnuson DATE: October 24, 2008 RE: Certification of Unpaid Administration Fees for Collection with Real Estate Taxes Municipalities routinely ask for reimbursement from a Developer for the expenses of municipal consultants that are required to work on a Developer's zoning application. In Minnesota there is a statute that provides that "any expense incurred by the government in offering these services, is a first lien upon the property of the person causing the expenditure." Further, we have adopted Chapter 33, Section 33-3 of the Stillwater City Code, which provides that when any consultant fees are unpaid 30 days after notice given by the City, fees and costs may be spread against the property in the development as a service charge and certified to the County for collection with the real estate taxes. In this instance, units that were sold to consumers have been excluded from the assessments, and that assessments are only levied against those units remaining in the ownership of the Developers. Inm Respectfully, ~~ RESOLUTION NO. 2008-146 A RESOLUTION ADOPTING AN ASSESSMENT WHEREAS, pursuant to Minn. Stat. 9514.67 and Stillwater City Code, Chapter 33 933-3, the City Council of the City of Stillwater, Washington County, Minnesota, met and considered charges against property for governmental services; and WHEREAS, Notice of the charges that remain unpaid were sent to the present owner on December 6, 2007 and the Developer has refused to pay the charges. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof as Exhibit "A," is hereby accepted and shall constitute a first and prior lien against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in one installment to be payable on or before the first Monday in January, 2009 and bear interest at the rate of five and one-half (5 Y2%) percent per annum from the date of the adoption of this resolution. To this installment shall be added interest on the entire assessment from the date of this Resolution until December 31,2009. 3. The owner of the property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest, accrued to the date of payment to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this Resolution; and may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment with interest. Such payment must be made before December 15, 2008 or interest will be charged through December 31, 2009. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by affirmative vote of all the members of the City Council this 28th day of October, 2008. Ken Harycki, Mayor . ATTEST: Diane F . Ward, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) I, Diane F. Ward, Clerk of the City of Stillwater, hereby certify that the above and foregoing is a true, full and correct copy of a Resolution adopted by the City of Stillwater at a meeting held, according to law, at Stillwater, Minnesota on the _ day of October, 2008, as the same appears on file and of record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City, this _ day of October, 2008. Diane F. Ward, City Clerk PUBLIC NOTICE CITY OF STILLWATER COUNTY OF WASHINGTON STATE OF MINNESOTA The City Council of the City of Stillwater, County of Washington, State of Minnesota, will hold a public hearing on Tuesday, October 21, 2008 at approximately 7:00 p.m., at City Hall, 216 North Fourth Street, Stillwater, Minnesota, on a proposal recommended by the Charter Commission to change the City Charter by Ordinance. What follows is the text of the proposed amendment as approved by the Mayor. All those desiring to be heard are invited to attend or to send written comments prior to the meeting to the City Clerk. "ORDINANCE NO.: AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF STILL WATER The City Council of the City of Stillwater does ordain: 1. AMENDING. Article 15.07 of the City Charter, upon the effective date of this amendment, is amended by adding the following sentence: "Members of the City Council of the City of Stillwater may not serve as members of the Charter Commission." 2. SAVING. In all other ways, the Stillwater City Code shall remain in full force and effect. 3. EFFECTIVE DATE. This Ordinance shall be effective 90 days after its passage and publication according to law." Approved, this day of ,2008. Ken Harycki, Mayor ATTEST: Diane F . Ward, City Clerk Publish: Stillwater Gazette - October 9,2008 ORDINANCE 1001 AN ORDINANCE AMENDING THE STILLWATER CITY CODE BY CHANGING SECTION 31-204, SUBD. 6 ENTITLED "PERMIT LIFE CYCLE" THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amendinf!. Section 31-204, Subd. 6 Permit Life Cycle is amended by adding the following clause to (i): "If a project is proposed that cannot feasibly be completed within two years; the life of any approvals or permits may be controlled by the terms of a Development Agreement that is made between the City and the Developer. 2. effect. Savinf!. In any other ways the City Code will remain in full force and 3. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law Adopted by the City Council of the City of Stillwater this 28th day of October, 2008. CITY OF STILL WATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk .j . MEMORANDUM TO: Mayor and City Council From: Shawn Sanders, Director of Public Works ~~ Date: October 24, 2008 Subject: Oak Street One Way DISCUSSION Attached is a proposed sign layout for a one way street designation for Oak Street between Fourth and Fifth Street. Since the street widths are less than standard width, It also proposed to add no parking on the south side of the street for this segment. RECOMMENDATION Staff recommends that Council approve the attached sign layout for Oak Street between Fourth and Fifth and also the no parking designation of the same segment. ACTION REQUIRED If Council approves the recommendation they should pass a motion Approving The Designation Of Oak Street Between Fourth And Fifth Street As A One Way Street And Designate No parking on the south side of the street on the same segment. ~^, . APPROVE DESIGNATION OF OAK STREET BETWEEN 4TH AND 5TH STREET AS A ONE WAY STREET AND NO PARKING ON SOUTH SIDE OF STREET WHEREAS, a proposal for the installation of a street signs and designation of Oak Street between 4th St S and 5th St S as a one-way street was presented to City Council; and WHEREAS, this street segment does not provide adequate width for parking on both sides of the street NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: that the City shall designated Oak Street between 4th Street South and 5th Street South a one-way street and no parking of motor vehicles on the south side of Oak Street between 4th Street South and 5th Street South at all times. Adopted by the Council this 28th day of October 2008. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk ",' ~ (l) bI) ~ ~ bI) .~ END I END [/) ONE ! ONE '\j I wAY I I wAY I (l) i I~ 00 0 I I I I ~ I I I 0 , I ~ \ ~ \~ . \ ~ [/) I I \ I ~ \ I I ~ BEGIN BEGIN 0 ONE ONE ~ wAY wAY 00 ----- I (l) ~_J ~ MEMORANDUM To: Mayor and City Council From: Shawn Sande#tirector of Public Works Date: October 23,2008 Subject: Liberty Stop Study ISSUE At the start of the Manning Avenue Construction Project, temporary stop signs were installed at four intersections in the Liberty neighborhood. These signs were installed at the request from residents who had noticed an increase traffic volumes and speed because of the closing of Manning A venue for construction. Intersections where temporary stop sign were installed include: 1. Tall Pine Trail and Rutherford Road 2. Settlers Way and Liberty Parkway 3. Liberty Parkway and Country Road/Pioneer Place 4, Reunion Road and Newman Trail Since then it has been requested that staff study these locations to determine if these temporary stop signs should be made permanent. FINDINGS The Liberty development neighborhood was constructed in the late 1990's and the early 2000's.and were designed to reduce through traffic and to control the flow of traffic. The streets of Liberty Parkway, Liberty A venue, Rutherford Road, Settlers Way and Reunion Road were intended as the through streets for the neighborhood. This shows in the design of streets since they all have a 28' street width. With the exception of the intersection at Tall Pine Trail and Rutherford Road, stop signs were installed as follows: northbound Reunion Road at Newman Trail, northbound Liberty Parkway at Settlers Way, and westbound Pioneer Place and eastbound Country Road at Liberty Parkway. The Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD) which lists criteria that should be considered in an engineering study for a multi-way stop sign installation (Chapter 2b.7) which states: A, Where traffic control signals are justified, the multi-way stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for the installation of the traffic control signal. B. A crash problem, as indicated by 5 or more reported crashes in a 12 month period that are susceptible to correction by a multi-way stop installation. Such crashes include right- and left-turn collisions as well as right-angle collisions. C Minimum volumes, 1. The vehicular volume entering the intersection from the major street approaches( total of both approaches) averages at least 300 vehicles per hour for any 8 hours of the day, and 2. The combined vehicular, pedestrian, and bicycle volume entering the intersection form the minor approaches (total of both approaches) averages at least 200 units per hour for the same 8 hours, with an average delay to minor street vehicular traffic of at least 30 seconds per vehicle during the highest hour. 3. lfthe 85th percentile approach speed of the major traffic exceeds 40 mph, the minimal vehicle volume warrants are 70 percent of the above values, D. Where no single criterion is satisfied, but where Criteria B,Cl and C2 are all satisfied to 80 percent of the minimum values Criteria C.3 is excludedfrom this condition. In order to conduct a study, the city borrowed traffic counters from Washington County. Approach counts were taken at each of the legs of the four intersections for a minimum period of 48 hours. This data is then analyzed and used to determine the major and minor approach volumes. Approach speeds were not taken since the speed limit on the residential streets is 30 mph. Accident reports were provided by the Stillwater Police Department. Multi-way stop evaluation forms for each of the intersections are attached and they show that none of the criteria for a multi-way stop are not met at any of the intersections, (The highest volume for both approaches, major and minor, at any of the intersections was at the Liberty Parkway and Settlers Way with an average 125 and 72 vehicles, respectively, for any 8-hour period, far below the minimum standards.) The police reports showed that there was only one accident reported at any of these intersections, and this was due to winter conditions. DISCUSSION Stop signs should not be used for speed control and should be installed in a manner that minimizes the number of vehicles having to stop. They can be installed at intersections by assigning right-of way to "major" traffic or if sight views are restricted. For Liberty, it appears that streets with the higher volumes are those with the wider street width and stop signs are installed on the minor streets approaches, except for Tall Pine Trail and Rutherford Road, where no stop sign is installed on Tall Pine Trail. There are some intersections where sight views are limited but these locations are addressed with existing stop signs. Also it should be pointed out that the installation of unwarranted stop signs often leads more violations for failure to stop, increase in speeding between signs and an increase in accidents. Studies have shown that where stop signs are installed and not warranted, there is a low level of compliance. In these studies motorists were observed either rolling or running a stop sign. When a driver does not believe that a stop sign appropriately reflects the condition, the drive often disregards it. This is based on the drivers feeling that the signs have no traffic control purpose. Staff spent one hour at each of the four intersections during a peak volume hour to observe driver compliance at the stop signs and of the 602 observed vehicles cars at these intersections only 33 vehicles or 17% made a complete stop. RECOMMENDATION According to the criteria established by the MNMUTCD, none of the four intersections in the Liberty neighborhood where the temporary stop signs were installed meet the criteria for a multi-way stop. It is recommended that all the temporary stop signs be removed, except that a permanent stop sign be installed at eastbound Tall Pine Trail and Rutherford Road. ACTION REQUIRED If Council concurs with the recommendation they should pass a motion directing staff to remove the temporary stop sign at the above-mentioned four intersections. Pass a motion to install a permanent stop sign at eastbound Tall Pine and Rutherford Road, or if council does not agree with the recommendations they should consider the locations and direct staff to install permanent stop signs at any, at all or at none of these intersections. @ @ ~ OUSS O\..\-'\ Sc\-,\O c\?- / /.-.... , II [I [I r CRT !11 I cati / ,/ : f i! W I J . ; ; ! ! 1/ / N o 500 Feetw~E L--~ T s ()O o p:! D~Lt\ C;t> ;oz -10 //-~...._......,,\ ! 8'RHE~~ \ \ I I \ \ \ \~GND \ \, '.\ \\\ \,\\ \ \ \. \ '. \ \\\ )) \ ",../! \...--."'...., '\. / / \. "-',,-___,/1 // "''''''- -/// 0:: o 2 JUDD <( 2 ~ 0:: ill co zl? I- 62nd CURVE C~_ C/) ~ OJ I I 0 < "U() o II / / 1;=BR:EW1fEJ SP ~ z o -J , LONG :K DR \ " '\ ,/' I~.... 1- 0,\ :'r N e vv England Place t Liberty Parkway Ruthertor ; Road allpine trail Permanent "STOP" Temporary "STOP" 0 50 Feet'" Liberty Parkway & Pioneer Place (Country Road Newman Trail & Reunion Road Permanent "STOP" Temporary "STOP" 50 Feetw 0 , City of Stillwater Multi-way Stop Warrant Date of Traffic Count 9/29/08-10/01/08 Intersection of Liberty Parkway and Settlers Way A. INTERIM MEASURE SATISFIED NOT SATISFIED x Where traffic controls signals are justified N/A B. ACCIDENTS SATISFIED NOT SATISFIED x A crash problem indicated by 5 or more reported crashes in a 12-month period that are susceptible to correction by a multi-way stop installation. None C. MINIMUM VOLUMES CRITERIA SATISFIED 1. The vehicular volume entering the intersection from the major street approaches (Total from both approaches) averages at least 300 vehicles per hour for any eight hours of an average day, and NOT SATISFIED X Settlers Way 125 < 300 2. The combined vehicular, pedestrian and bicycle volume entering the street approaches (total of both approaches) averages at least 200 units per hour for the same 8 hours, Liberty Parkway 74< 200 with an average delay to the minor street vehicular traffic of at least 30 seconds per vehicle during the highest hour 3. If the 85th percentile approach speed of the major-street Traffic exceeds 40 mph, the minimum vehicular volume warrants are 70 percent of the above volumes. N/A D. EIGHTY PERCENT CRITERIA SA TISISFI ED NOT SATISFIED X Where no single criteria is satisfied, but where criteria B, C1 and C2 are all satisfied to 80 percent of the minimum values. , City of Stillwater Multi-way Stop Warrant Date of Traffic Count 9/25/08-9/27 /08 Intersection of Newman Trail and Reunion Road A. INTERIM MEASURE SATISFIED NOT SA TISFI ED x Where traffic controls signals are justified N/A B. ACCIDENTS SATISFIED NOT SATISFIED x A crash problem indicated by 5 or more reported crashes in a 12-month period that are susceptible to correction by a multi-way stop installation. None C MINIMUM VOLUMES CRITERIA SATISFIED 1. The vehicular volume entering the intersection from the major street approaches (Total from both approaches) averages at least 300 vehicles per hour for any eight hours of an average day, and NOT SATISFIED X Reunion Road 64 < 300 2. The combined vehicular, pedestrian and bicycle volume entering the street approaches (total of both approaches) averages at least 200 units per hour for the same 8 hours, Newman Trail with an average delay to the minor street vehicular traffic of at least 30 seconds per vehicle during the highest hour 46< 200 3. If the 85th percentile approach speed of the major-street Traffic exceeds 40 mph, the minimum vehicular volume warrants are 70 percent of the above volumes. N/A D. EIGHTY PERCENT CRITERIA SATISISFIED NOT SATISFIED X Where no single criteria is satisfied, but where criteria B, C1 and C2 are all satisfied to 80 percent ofthe minimum values. City of Stillwater Multi-way Stop Warrant Date of Traffic Count 9/29/08-10/1/08 Intersection of Rutherford Road and Tallpine Trail A. INTERIM MEASURE SATISFIED NOT SATISFIED x Where traffic controls signals are justified N/A B. ACCIDENTS SATISFIED NOT SATISFIED x A crash problem indicated by 5 or more reported crashes in a 12-month period that are susceptible to correction by a multi-way stop installation. None C. MINIMUM VOLUMES CRITERIA SATISFIED 1. The vehicular volume entering the intersection from the major street approaches (Total from both approaches) averages at least 300 vehicles per hour for any eight hours of an average day,and NOT SATISFIED X Rutherford Road 82 < 300 2. The combined vehicular, pedestrian and bicycle volume entering the street approaches (total of both approaches) averages at least 200 units per hour for the same 8 hours, Tall Pine Trail with an average delay to the minor street vehicular traffic of at least 30 seconds per vehicle during the highest hour 10< 200 3. If the 85th percentile approach speed of the major-street Traffic exceeds 40 mph, the minimum vehicular volume warrants are 70 percent ofthe above volumes. N/A D. EIGHTY PERCENT CRITERIA SATISISFIED NOT SATISFIED X Where no single criteria is satisfied, but where criteria B, Cl and C2 are all satisfied to 80 percent of the minimum values. City of Stillwater Multi-way Stop Warrant Date of Traffic Count 9/25/08- 9/27/08 Intersection of Liberty Parkway and Country Road/ Pioneer Road A. INTERIM MEASURE SATISFIED NOT SATISFIED x Where traffic controls signals are justified N/A B. ACCIDENTS SATISFIED NOT SATISFIED x A crash problem indicated by 5 or more reported crashes in a 12-month period that are susceptible to correction by a multi-way stop installation, None C. MINIMUM VOLUMES CRITERIA SATISFIED 1. The vehicular volume entering the intersection from the major street approaches (Total from both approaches) averages at least300 vehicles per hour for any eight hours of an average day,and NOT SATISFIED X Liberty PArkway 94 < 300 2. The combined vehicular, pedestrian and bicycle volume entering the street approaches (total of both approaches) averages at least 200 units per hour for the same 8 hours, with an average delay to the minor street vehicular traffic of at least 30 seconds per vehicle during the highest hour Pioneer Place 36< 200 3. If the 85th percentile approach speed of the major-street Traffic exceeds 40 mph, the minimum vehicular volume warrants are 70 percent of the above volumes. N/A D. EIGHTY PERCENT CRITERIA SATISISFIED NOT SATISFIED x Where no single criteria is satisfied, but where criteria B, C1 and C2 are all satisfied to 80 percent of the minimum values. Muiti-way Stops - The Research Shows the MUTCD is Correct Page 1 of 11 Multi-way Stops - The Research Shows the MUTCD is Correct! W. Martin Bretherton Jr., P.E.(M) Abstract This paper reviewed over 70 technical papers covering all-way stops (or multi-way stops) and their success and failure as traffic control devices in residential areas, This study is the most comprehensive found on multi-way stop signs The study looked at how multi-way stop signs have been used as traffic calming measures to control speed. There have been 23 hypotheses studied using multi-way stop as speed control. The research found an additional 9 hypotheses studied showing the effect multi way stops have on other traffic engineering problems. The research found that, overwhelmingly, multi-way stop signs do NOT control speed except under very limited conditions. The research shows that the concerns about unwarranted stop signs are well founded. Introduction Many elected officials, citizens and some traffic engineering professionals feel that multi-way stop signs should be used as traffic calming devices. Many times unwarranted stop signs are installed to control traffic. The Manual on Uniform Traffic Control Devices (MUTCD)(16) describes warrants for installing multi-way stop signs. However, it does not describe many of the problems caused by the installation of unwarranted stop signs. These problems include concerns like liability issues, traffic noise, automobile pollution, traffic enforcement and driver behavior. This paper is a result of searching over 70 technical papers about multi-way stop signs. The study concentrated on their use as traffic calming devices and their relative effectiveness in controlling speeds in residential neighborhoods. The references found 23 hypotheses on their relative effectiveness as traffic calming devices. One study analyzed the economic cost of installing a multi-way stop at an intersection. The reference search also found 9 hypotheses about traffic operations on residential streets. The literature search found 85 papers on the subject of multi-way stops. There are probably many more references available on this very popular subject The seventy-one references are shown in Appendix A. There was a problem finding the 14 papers found in literature searches. The 14 papers are listed in Appendix B for information only. Most of the papers were from old sources and are probably out of print Multi-Way Stop Signs as Speed Control Devices A summary of the articles found the following information about the effectiveness of multi-way stop signs and other solutions to controlling speeds in residential neighborhoods. 1. Multi-way stops do not control speeds. Twenty-two papers were cited for these findings. (Reference 1,2,7,8, 10, 12, 13, 14,15,16,17,19,20,39,45,46,51,55,62,63,64,66 and 70), http://www.ci.troy.mi.us/trafficengineering/multiway.htm 8/22/2008 Multi-way Stops - The Research Shows the MUTCD is Correct Page 2 of 11 2. Stop compliance is poor at unwarranted multi-way stop signs. Unwarranted stop signs means they do not meet the warrants of the MUTCD. This is based on the drivers feeling that the signs have no traffic control purpose. There is little reason to yield the right-of -way because there are usually no vehicles on the minor street. Nineteen references found this to be their finding. (Reference 7,8,10,12,13,14,15,17,19,20,39,45,46,51,55,61,62,63 and 64), 3. Before-After studies show multi-way stop signs do not reduce speeds on residential streets. Nineteen references found this to be their finding. (Reference 19 (1 study), 55 (5 studies), 60 (8 studies) and 64(5 shldies)), 4. Unwarranted multi-way stops increased speed some distance from intersections. The studies hypothesizing that motorists are making up the time they lost at the "unnecessary" stop sign. Fifteen references found this to be their finding,( Reference 1,2,7,8,10,13,14,17,19,20,39,45,46,51,55,70 and 71). 5. Multi-way stop signs have high operating costs based on vehicle operating costs, vehicular travel times, fuel consumption and increased vehicle emissions. Fifteen references found this to be their finding. (Reference 3, 4, 7, 8, 10, 14, 15,17,45,55,61,62,63,67 and 68), 6. Safety of pedestrians is decreased at unwarranted multi-way stops, especially small children. It seems that pedestrians expect vehicles to stop at the stop signs but many vehicles have gotten in the habit of running the "unnecessary" stop sign. Thirteen references found this to be their finding. (References 7, 8,10,13,14,15,17,19,20,45,51,55 and 63), 7. Citizens feel "safer" in communities "positively controlled" by stop signs. Positively controlled is meant to infer that the streets are controlled by unwarranted stop signs. Homeowners on the residential collector feel safer on a 'calmed' street. Seven references found this to be their finding. (Reference 6, 14, 18,20,51,58 and 66), Hypothesis twelve (below) lists five references that dispute the results of these studies. 8. Speeding problems on residential streets are associated with" through" traffic. Frequently homeowners feel the problem is created by 'outsiders'. Many times the problem is the person complaining or their neighbor. Five references found this to be their finding. (References 2,15,45,51 and 55), 9. Unwarranted multi-way stops may present potential liability problems for undocumented exceptions to accepted warrants. Local jurisdictions feel they may be incurring higher liability exposure by 'violating' the MUTCD. Many times the unwarranted stop signs are installed without a warrant study or some documentation. Cited by six references. (Reference 7, 9,19,46,62 and 65), 10. Stop signs increase noise in the vicinity of an intersection. The noise is created by the vehicle braking noise at the intersection and the cars accelerating up to speed. The noise is created by the engine exhaust, brake, tire and aerodynamic noises. Cited by five references. (Reference 14, 17,20,45,55). 11. Cost of installing multi-way stops are low but enforcement costs are prohibitive. many communities do not have the resources to effectively enforce compliance with the stop signs. Five references found this to be their finding. (Reference 1, 10,45,51,55 ). 12. Stop signs do not significantly change safety of intersection. Stop signs are installed with the hope they will make the intersection and neighborhood safer. Cited by five references. (Reference 55,60,61,62,63), Hypothesis seven (above) lists seven references that dispute the results of these studies. 13, Unwarranted multi-way stops have been successfully removed with public support and result in improved compliance at justified stop signs. Cited by three references. (Reference 8, 10, 12), 14. Unwarranted multi-way stops reduce accidents in cities with intersection sight distance problems and at intersections http://www.ci.troy.mi.us/trafficengineering/multiway.htm 8/22/2008 Multi-way Stops - The Research Shows the MUTCD is Correct , Page 3 of 11 with parked cars that restrict sight distance. The stop signs are unwarranted based on volume and may not quite meet the accident threshold. Cited by three references. (Reference 6, 18,68), 15. Citizens feel stop signs should be installed at locations based on traffic engineering studies. Some homeowners realize the importance of installing 'needed' stop signs. Cited by two references. (References 56, 57 ), 16. Multi-way stops can reduce cut-through traffic volume ifmany intersections along the road are controlled by stop signs. If enough stop signs are installed on a residential or collector street motorists may go another way because ofthe inconvenience of having to start and stop at so many intersections. This includes the many drivers that will not stop but slowly 'cruise' through the stop signs. This driving behavior has been nicknamed the 'California cruise'. Cited by two references. (Reference 14,61), 17. Placement of unwarranted stop signs in violation of Georgia State Law 32-6-50 (a) (b) (c). This study was conducted using Georgia law. Georgia law requires local governments to install all traffic controls devices in accordance with the MUTCD. This is probably similar to traffic signing laws in other states. Cited by two references. (Reference 19,62). 18. Special police enforcement of multi-way stop signs has limited effectiveness. This has been called the 'hallo' effect. Drivers will obey the 'unreasonable' laws as long as a policemen is visible. Cited by two references. (Reference 39, 46), 19. District judge orders removal of stop signs not installed in compliance with city ordinance. Judges have ordered the removal of 'unnecessary' stop signs. The problem begins when the traffic engineer and/or elected officials are asked to consider their intersection a 'special case'. This creates a precedent and results in a proliferation of 'special case' all-way stop signs. Cited by two references. (Reference 59, 62). 20. Some jurisdictions have created warrants for multi-way stops that are easier to meet than MUTCD. The jurisdiction feel that the MUTCD warrants are too difficult to meet in residential areas. The reduced warrants are usually created to please elected officials. Cited by two references. (Reference 61 and 70). 21. Citizens perceive stop signs are effective as speed control devices because traffic "slows" at stop sign. If everybody obeyed the traffic laws, stop signs would reduce speeds on residential streets. Cited by one reference. (Reference 55). 22. Removal of multi-way stop signs does not change speeds but they are slightly lower without the stop signs. This study findings support the drivers behavior referenced in item #4, speed increases when unwarranted stop signs are installed. Speed decreases when the stop signs were removed! Cited by one reference. (Reference 64). 23. Multi-way stops degrade air quality and increase CO, HC, and Nox. All the starting and stopping at the intersection is bad for air quality. Cited by one reference. (Reference 68), Speed Control Issues 24. There area many ways to "calm" traffic. Cited by twenty-two references. (Reference 1, 14,20,32,33,34,35,36,37,38, 40,41,42,44,45,46,47,48,50,51,53 and 66), They include: (a) Traffic Chokers (f) Sidewalks and Other Pedestrian Solutions (b) Traffic Diverters (g) Neighborhood Street Design http://www.ci.troy.mi.us/trafficengineering/multiway.htm 8/22/2008 Multi-way Stops - The Research Shows the MUTCD is Correct Page 4 of 11 . (c) Speed Humps (h) On-Street Parking (d) Roundabouts (i) One Way Streets (e) Neighborhood Speed Watch (j) Street Narrowing 25. Other possible solutions to residential speed. Most speeding is by residents - Neighborhood Speed Watch Programs may work. This program works by using the principle of 'peer' pressure. Cited by seven references. (Reference 2,30,31,36, 42,48 and 53). 26. Reduced speed limits are not effective at slowing traffic. Motorists do not drive by the number on the signs, they travel a safe speed based on the geometries of the roadway. Cited by five references. (Reference 1,20,39,46 and 69), 27. Local streets should be designed to discourage excessive speeds. The most effective way to slow down traffic on residential streets is to design them for slow speeds. Cited by two references. (Reference 43, 52). 28. Speeding on residential streets is a seasonal problem. This is a myth. The problem of speeding is not seasonal, it's just that homeowners only see the problem in 'pleasant' weather. That's the time they spend in there front yard or walking the neighborhood. Cited by one reference. (Reference 2), 29. Speed variance and accident frequency are directly related. The safest speed for a road is the speed that most of the drivers feel safest driving. This speed creates the lowest variance and the safest road. Cited by one reference. (Reference 47), 30. The accident involvement rate is lowest at the 85th percentile speed. The 85th percentile speed is the speed that most drivers feel comfortable driving. The lowest variance is usually from the 85th percentile speed and the 10 mph less. Cited by one reference. (Reference 47). 31. Psycho-perceptive transverse pavement markings are not effective at reducing the 85th percentile speed but do reduce the highest speed percentile by 5 MPH. Cited by one reference. (Reference 47). 32. The safest residential streets would be short (0.20 miles) non-continuous streets that are 26 to 30 feet from curb to curb width. The short streets make it difficult of drivers to get up to speed. Cited by one reference. (Reference 52). Economics of Multi-Way Stop Signs Studies have found that installing unwarranted stop signs increases operating costs for the traveling public. The operating costs involve vehicle operating costs, costs for increased delay and travel time, cost to enforce signs, and costs for fines and increases in insurance premiums. The total costs are as follows (Reference 55): Operating Costs (1990) $ 111,737/year ($.042911Stop) Delay & Travel Costs (1990) $ 88,556 /year ($.03401lStop) http://www.ci.troy.mi.us/trafficengineering/multiway.htm 8/22/2008 Mufti-way Stops - The Research Shows the MUTCD is Correct Page 5 of 11 Enforcement Costs (1990) $ 837/year Cost of Fines (19 per year) $ 1,045/year Cost of 2 stop signs (1990) $ 280 Costs of increased insurance (1990) $7,606/year Total (1990) $210,0611year/intersection The cost to install two stops signs is $280. The cost to the traveling public is $210,061 (1990) per year in operating costs. This cost is based on about 8,000 vehicles entering the intersection per day. Another study (62) found that the average annual road user cost increased by $2,402.92 (1988 cost) per intersection when converting from two to four way stop signs for low volume intersections. Summary of Stop Signs as Speed Control Devices Researchers found that multi-way stop signs do not control speed. In analyzing the 23 hypotheses for multi-way stop signs, five were favorable and 18 were unfavorable toward installing unwarranted all-way stop signs. The Chicago study (6) was the only research paper that showed factual support for "unwarranted" multi-way stop signs. They were found to be effective at reducing accidents at intersections that have sight distance problems and on-street parking. It is interesting to note that residential speeding problems and multi-way stop sign requests date back to 1930 (63). The profession still has not "solved" this perception problem. Summary of Economic Analysis Benefits to control speeds by installing multi-way stop signs are perceived rather than actual and the costs for the driving public are far greater than any benefits derived from the installation of the multi-way stop signs. W. Martin Bretherton Jr., P.E. Chief Engineer, Traffic Studies Section Gwinnett County Department of Transportation 75 Langley Drive Lawrenceville, Georgia 30045 770-822-7412 http://www.ci.troy.mi.us/trafficengineering/multiway.htm 8/22/2008 Multi-way Stops - The Research Shows the MUTCD is Correct Page 6 Qf 11 brethema@co.gwinnett.ga.us Appendix A References used in Research of Multi-Way Stop Signs 1. Gerald L. Ullman, "Neighborhood Speed Control - U.S. Practices", ITE Compendium of Technical Papers, 1996, pages 111-115. 2. Richard F. Beaubein, "Controlling Speeds on Residential Streets", ITE Journal, April 1989, pages 37-39. 3. "4 Way Stop Signs Cut Accident Rate 58% at Rural Intersections", ITE Journal, November 1984, pages 23-24. 4. Michael Kyte & Joseph Marek, "Collecting Traffic Data at All-Way Stop Controlled Intersections", ITE Journal, April 1989, pages 33-36. 5. Chan, Flynn & Stocker, "Volume Delay Relationship at Four Way Stop Controlled Intersections: A Response Surface Model", ITE Journal, March 1989, pages 27-34. 6. La Plante and Kripidlowkdki, "Stop Sign Warrants: Time for Change", ITE Journal, October 1992, pages 25-29. 7. Patricia B. Noyes, "Responding to Citizen Requests for Multi Way Stops", ITE Journal. January 1994, pages 43-48. 8. Chadda and Carter, "Multi-Way Stop Signs - Have We Gone Too Far?", ITE Journal, May 1983, pages 19-21. 9. Gary Moore,"Gwinnett County Legal Opinions on Unwarranted Multi-Way Stops", March 6,1990. 10. Chadd a and Carter, "The Changing Role of Multi-Way Stop Control", ITE Compendium of Technical Papers, 1983, pages 4-31 to 4-34. 11. Lovell and Haver, "The Safety Effect of Conversion to All-Way Stop Control", Transportation Research Record 1068, pages 103-107. 12. "Indiana Suggests Ways to Halt Stop Sign Misuse", Transafety Reporter, February 1989, page 7. 1978. 14. "State of the Art: Residential Traffic Management", US DOT, FHW AJRD-80/092, December 1980, pages 63-65, 22- 23. 15. Dick Williams, "A New Direction for Traffic Dispute", Atlanta Journal, January 14,1988, Section E, page 1. http://www.ci.troy.mi.us/trafficengineering/multiway.htm 8/22/2008 Multi-way Stops - The Research Shows the MUTCD is Correct Page 7 of 11 16. "Warrants for Multi-Way Stop Signs" (2B-6), Manual on Uniform Traffic Control Devices, US DOT, FHWA, pages 2B-3 to 2B-4. 17. "Stop and Yield Sign Control", Traffic Control Devices Handbook, US DOT, FHWA, 1983, pages 2-14 to 2-16. 18. La Pante & Kropidlowdki, "Stop Sign Warrants ", Presented at ITE Conference, San Diego, CA, September 18, 1989. 19. Walt Rekuc, "Traffic Engineering Study of Multi-Way Stop Signs", City of Roswell, February 15, 1988. 20. Homburger, etal, Residential Street Design and Traffic Control, ITE, Washington, DC, 1989. 21. Speed Zone Guidelines, ITE, Washington, DC, 1993. 22. A Policy on Geometric Design of Highways and Streets, AASHTO, Washington, DC, 1994. 23. A.J. Ballard, "Efforts to Control Speeds on Residential Collector Streets", IrE Compendium of Technical Papers, 1990, pages 445-448. 24. C.E. Walter, "Suburban Residential Traffic Calming", ITE Compendium of Technical Papers, 1994, pages 445-448. 25. K.L. Gonzalez, "Neighborhood Traffic Control: Bellevue's Approach", ITE Journal, Vol. 43, No.5, May 1993, pages 43-45. 26. Brian Kanely & B.E. Ferris, "Traffic Diverter's for Residential Traffic Control-The Gainesville Experience", ITE Compendium of Technical Papers, 1985, pages 72-76. 27. Marshall Elizer, "Guidelines for the Design and Application of Speed Humps", ITE Compendium of Technical Papers, 1993, pages 11-15. 28. T. Mazella & D. Godfrey, "Building and Testing a Customer Responsive Neighborhood Traffic Control Program", ITE Compendium of Technical Papers, 1995, pages 75-79. 29. W.M. Bretherton and lE. Womble, "Neighborhood Traffic Management Program", ITE Compendium of Tee hnica 1 Papers, 1992, pages 398-401. 30. lE. Womble, "Neighborhood Speed Watch: Another Weapon in the Residential Speed Control Arsenal", ITE Journal, Vol. 60, No.2, February 1990, pages 1- 17. 31. Michael Wallwork, "Traffic Calming", The Genesis Group, unpublished. 32. Doug Lemov, "Calming Traffic", Governing, August 1996, pages 25-27. 33. Michael Wallwork, "Traffic Calming", The Traffic Safety Toolbox, ITE, Washington, DC, 1993, pages 234-245. http://www.ci.troy.mi.us/trafficengineering/multiway.htm 8/22/2008 Multi-way Stops - The Research Shows the MUTCD is Correct Page 8 of 11 34. Ransford S. McCourt, Neighborhood Traffic Management Survey, ITE District 6, Technical Chair, unpublished, June 3, 1996. 35. Halbert, etal, "Implementation of Residential Traffic Control Program in the City of San Diego", District 6 Meeting, July 1993. 36. Anton Dahlerbrush, "Speed Humps & Implementation and Impact on Residential Traffic Control", City of Beverly Hills, California, District 6 Meeting, July 1993. 37. Firoz Vohra, "Modesto Speed Hump Experience", District 6, ITE Meeting, July 1993. 38. Patricia Noyes, "Evaluation of Traditional Speed Reduction in Residential Area", District 6 ITE Meeting, July 1993. 39. Cynthia L. Hoyle, Traffic Calming, American Planning Association, Report No 456, July 1995. 40. Sam Yager, Use of Roundabouts, ITE Technical Council Committee, 5B- 17, Washington, DC, February 1992. 41. Guidelines for Residential Subdivision Street Design, ITE, Washington, DC, 1993. 42. Residential Streets, 2nd Edition, ASCE, NAHB & ULI, 1990. 43. Traffic Calming, Citizens Advocating Responsible Transportation, Australia, 1989. 44. Traffic Calming in Practice, Department of Transport, etal, London, November 1994. 45. Todd Long, "The Use of Traffic Control Measures in the Prevention of Through Traffic Movement on Residential Streets", unpublished, Masters Thesis, Georgia Tech, September 1990. 46. Patricia Noyes, "Evaluation of Traditional Speed Reduction Efforts in Residential Areas", ITE Compendium of Technical Papers, District 6 Meeting, 1993, pages 61-66. 47. G.E. Frangos, "Howard County's Speed Control in Residential Areas Utilizing Psycho-perceptive Traffic Controls", ITE Compendium of Technical Papers, 1985, pages 87-92. 48. Halbert, etal, "Implementation of Residential Traffic Control Program in the City of San Diego", ITE Compendium of Technical Papers, District 6, 1993, pages 23-60. 49. Radwan & Sinha, "Gap Acceptance and Delay at Stop Controlled Intersections on Multi-Lane Divided Highways", ITE Journal, March 1980, page 38. 50. Borstel, "Traffic Circles: Seattle's Experience", ITE Compendium of Technical Papers, 1985, page 77. 51. D. Meier, "The Policy Adopted in Arlington County, VA, for Solving Real and Perceived Speeding Problems on Residential Streets", ITE Compendium of Technical Papers, 1985, page 97. http://www.ci.troy.mi.us/trafficengineering/multiway.htm 8/22/2008 MuHI-way Stops - The Research Shows the MUTCD is Correct Page 10 of 11 J 71. Wes Siporski, "Stop Sign Compliance", posting on Traffic Engineering Council List Serve, Jan 15, 1999. Appendix B Additional References for Multi-Way Stop Signs Not included in Analysis - Reports not available 1. Improving Traffic Signal Operations, ITE Report IR-081, August 1995. 2. Kunde, "Unwarranted Stop Signs in Cities", ITE Technical Notes, July 1982, page 12. 3, "In search of Effective Speed Control", ITE Technical Notes, December 1980, pages 12-16. 4. "Stop Signs Do Not Control Speed", ITE Technical Notes, July 1978, pages 6-7. 5. "An Evaluation of Unwarranted Stop Signs", ITE San Francisco Bay Area, February 1979. 6. "Cost of Unnecessary Stops", Auto Club of Missouri, Midwest Motorists, 1974. 7. Nitzel, Schatter & Mink, "Residential Traffic Control Policies and Measures", ITE Compendium of Technical Papers, 1988. 8. Weike and Keirn, "Residential Traffic Controls", ITE Com12endium of Technical Papers, Washington DC, August 1976. 9. Landom and Buller, "The Effects on Road Noise in Residential Areas", Watford, United Kingdom, October 1977. 10. Wells and Joyner, "Neighborhood Automobile Restraints", Transportation Research Record 813, 1981. 11. Byrd and Stafford, "Analysis of Delay and User Costs of Unwarranted Four Way Stop Sign Controlled Intersections", TRR 956, Washington, DC, 1984, pages 30-32. 12. Marconi, "Speed Control Measures in Residential Areas", Traffic Engineering, Vol. 47, No.3, March 1977, pages 28-30. 13. Mounce, "Driver's Compliance with Stop Sign Control at Low Volume Intersections", TRR 808, TRB, Washington, DC, 1981, pages 30-37. 14. Orlob, "Traffic Diversion for Better Neighborhoods", Traffic Engineering, ITE, Vol. 45, No.7, July 1975, pages 22- 25. http://www.ci.troy.mi.us/trafficengineering/multiway.htm 8/22/2008 1. 9:00 2. 9:00 3. 4. 9:10 9:10 5. 9:30 6. 7. 9:35 9:45 8. 9. 10:00 10. 10:10 to 11:00 W~hington ~ ~COunty BOARD AGENDA Dennis C. Hegberg, Chair District 1 OCTOBER 28, 2008 - 9:00 A.M. Bill Pulkrabek District 2 "'1 Mym P...:.L. Chok District 4 ~, R.H. Stafford District 5 Roll Call Pledge of Allegiance Comments from the Public Visitors may share their comments or concerns on any issue thats 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 meegibegins and give it to the County Board secretary f1I 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 Board1fi1r reserves the right to limit an individual's presentation if it becomes redundant, repetitive. overly argumentative, or if it is not relevantltD issue that is part of Washington County's responsibilities, The chair may also limit the number of individual presentationSl1l1commodate the scheduled agenda items, Consent Calendar Public Hearing - Public Health and Environment - Judy Hunter, Senior Program Manager Consider Repeal ofthe Solid Waste Management Ordinance #167 to be Replaced by Solid Waste Management Ordinance #178 Public Works - Don Theisen, Director Environmental Center Development Agreement with the City of Woodbury General Administration - Jim Schug, County Administrator Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities. make comments matters of interest and information, or raise questions to the staff. This action is not intended to result in sulmtive board action during this time, Any action necessary because of discussion will be scheduledfor afuture board meeting Board Correspondence Adjourn Board Workshop with Public Works A. Discuss County Comments on the Metropolitan Council 2030 Transportation Policy Plan B. Update on the Counties Transit Improvement Board Meeting for October 29, 2008 ************************************************************************* REMINDER: NO BOARD MEETING ON NOVEMBER 11, 2008 - HOLIDAY Date October 27 October 29 October 30 MEETING NOTICES Committee Library Board Counties Transit Improvement Board Red Rock Corridor Commission Time Location 6:30 p.m. 8:30 a.m. 3:30 p.m. 8595 Center Park - Woodbury 90 West Plato Blvd. - St. Paul 7516 80th Street South - Cottage Grove Assistive !istening device~ are ,avaitabte for use in the County Board Room EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER -'" ,...~ WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * OCTOBER 28, 2008 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of the October 14,2008 Board meeting minutes. B. Approval of resolution authorizing the transfer ofthe excess donations received for the acquisition of a Civil War cannon to the Stillwater Veterans Memorial. C. Approval of Commissioners' Service Awards for two citizen members of the Community Development Block Grant Citizen's Advisory Committee: Jeffery Feist and Rosemary Armstrong. County Attorney D. Approval to accept grant funding from State of Minnesota Office of Justice Programs in the amount of $69,496 for the Victim/Witness Division. Human Resources E. Approval to ratify the 2009 wages and health Insurance for Confidential Supervisors. Public Health and Environment F. Approval of resolution to accept grant funds in the amount of $24,500 and authorization to enter into an agreement with the Office of Traffic Safety in the Minnesota Department of Public Safety for the Safe Communities Coalition project. G. Approval to enter into an agreement with Megan Moon an independent contracted wellness program staff for onsite county Employee Wellness activities, and authorization for the County Board Chair and Administrator to sign the agreement. Public Works H. Approval of comments on the cities of Hugo and Columbus draft comprehensive plans. Sheriff s Office 1. Approval of Change Order #1 to contract with Sabre Towers and Poles, Inc. for supplying a monopine type stealth tower for the 800 MHz public safety radio system at the Afton Radio Site. J. Approval of Change Order #1 to contract with Harris Stratex to supply, install and commission microwave equipment for the 800 MHz radio system. * Consent Calendar itemsare generally defined as items of routine business, not requiring discussion, and approved in one vote, Commissioners may electto pull a Consent Calendar item(s) for discussion and/or seprate action. "", - ,--- Summary of Proceedings Washington County Board of Commissioners October 21, 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 that the Metropolitan Council will hold a hearing to receive comments on their 2030 Transportation Plan and that additional comments will be taken until the first week of November; attended a federal transportation reauthorization meeting; the first recommendations were made at the Grant Evaluation and Ranking System Committee to the Counties Transit Improvement Board; the Association of Minnesota Counties District X will meet next week to discuss the redesign of county government and various county legislative packages; Commissioner Pulkrabek - reported that he attended the Oakdale Business Professional Association Candidate Forum; Commissioner Kriesel- asked for a report on the projects recommended by the Grant Evaluation and Ranking System Committee to the Counties Transit Improvement Board; Commissioner Stafford - reported on the Grant Evaluation and Ranking System Committee; Commissioner Hegberg - reported on the Metro Family Alliance meeting which discussed targeted case management and that a meeting has been scheduled for October 30 with the various stakeholders to discuss funding. General Administration Approval of the following actions: Application for a Department of Natural Resources Community Assistance Grant to develop a targeted conservation plan to guide the implementation of the Land and Water Legacy Program; Reappoint Don Scheel, Afton, and David Bucheck, Lake Elmo to the Valley Branch Watershed District Board of Managers to three-year terms expiring November 13,2011; Board meeting preceded by a recognition breakfast for employees with 20,25,30 and 35 years of service; Board correspondence was received and placed on file; Board workshop held to discuss possible changes to the county's preliminary 2009 budget and property tax levy. Librarv Approval of Washington County Library holiday and training closings for 2009. Public Health and Environment Approval to appoint Joe Moore, Denmark Township, to the Public Health Emergency Preparedness Advisory Committee to a first term expiring December 31, 2009. ... -. ..--.... Public Works Approval 0 the following actions: Resolution No. 2008-135, Minnesota Department of Transportation Agreement Number 91871; Resolution No. 2008-136, support for the Minnesota Department of Natural Resources land purchase, William O'Brien State Park; Work Orders 2-6 to the CSAH 15 road construction project contract with Tower Asphalt; Change Order #004 to Frerichs Construction Company for the Disaster Recovery Center located at the R.H. Stafford Library; Resolution No. 2008-137, final payment to Frerichs Construction Company for the Disaster Recovery Center; Amendment #3 to Contract #4202 with SRF Consulting Group for completion of the 2008 Washington County Comprehensive Plan; Resolution No. 2008-138, Metropolitan Council recreation open space acquisition grant agreement, partial reimbursement for Grundhofer parcel purchase; Cooperative agreement with the City of Stillwater for CSAH 15 construction cost reimbursement and maintenance; Comments on the City of Woodbury draft comprehensive plans; Cooperative Agreement with the City of Lakeland for the sale of two county owned trucks; Resolution No. 2008-139, agency agreement for cultural resources/architectural history investigation for CSAH 18 reconstruction. Sheriff's Office Approval of the following actions: Xybix Systems, Inc. Change Order # 1 to the furniture purchase agreement; Amendment #1 to lease agreement with the City of Woodbury for 8"00 MHz antennas and equipment located at the Woodbury water tower on Hudson Road. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 620d Street N., Stillwater, Minnesota.