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Home My WebLink About2008-11-18 CC Packet4go ter. THE EIE,n/L.CE 71 MINMiEEtA REGULAR MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street November 18, 2008 7:00 P.M. APPROVAL OF MINUTES — Possible approval of October 28, 2008 regular and recessed minutes and the.. November 6, 2008 special meeting minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. 2009 Marathon — St. Croix Events OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit vour comments to 5 minutes or less. STAFF REPORTS 1. Police Chief 3. City Clerk 5. City Engineer/PWD 7. Finance Director 2. Fire Chief 4. Community Dev. Director 6. City Attorney- 8. City Administrator CONSENT AGENDA (Roll Call) 1. Resolution 2008-151, directing payment of bills 2. Resolution 2008-152, approving 2009 Liquor and tobacco licenses 3. Resolution 2008-153, approving contract with Lemicke for snowplowing services — Recreation Center 4. Resolution 2008-154, approving 2009 Dock Permit for St. Croix Boat & Packet 5. Resolution 2008-155, approving St. Croix Catering management agreement for Recreation Center 6. Resolution 2008-156, approving agreement with Washington County Conservation District 7. Possible approval to purchase two laptops -for Administration and Fire Departments 8. Possible approval to purchase a color scanner for Engineering, Community Development and Building 9. Possible approval to purchase two computers for the Police Department 10. Possible approval to purchase digital voice recorders — Police Department 11. Possible approval to purchase sewer camera — Sewer Department 12. Possible approval to purchase traffic counters 13. Possible approval of utility bill adjustment PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or less_ UNFINISHED BUSINESS 1 Possible 2"d reading of Ordinance 999, an Ordinance amending the Charter of the City of Stillwater (Roll Call). 2 Server room update NEW BUSINESS 1. Discussion of utility bill charges 2. Discussion on sidewalk sign policy 3. Possible approval to enter into fuel purchase program with Mn/DOT (Resolution — Roll Call) 4. Possible ordering of feasibility report for 2009 Street Improvements (Resolution — Roll Call) 5. Possible appointment to Water Board (Resolution — Roll Call) 6. Possible appointment to Downtown Parking Commission (Resolution — Roll Call) NEW BUSINESS Cont. 7. Possible approval of license for encroachment issue with Washington Park (Resolution — Roll Call) 8. Possible approval of the donation of Frisbee golf equipment to Stillwater Junior High PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 2 AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street November 18, 2008 REGULAR MEETING 7:00 P.M. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE STAFF REPORTS 1. Police Chief 2. Fire Chief 3. City Clerk 4. Community Dev. Finance Director City Administrator APPROVAL OF MINUTES - Possible approval of October 28,2008 regular an PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. 2009 Marathon - St. Croix Events OPEN FORUM The Open Forum is a portion of the Council meeting to a the meeting agenda. The Council may take action or reply staff regarding investigation of the concerns expressed."ut of limit your comments to 5 minutes or less. co licenses 0i~;nowplowing services - Recreation Center lease limit our comments to 10 minutes UNFINISHED BU 1 .Possible 2n (Roll Call). 2 Server room u NEW BUSINESS 1. Discussion of utility bill charges 2. Discussion on sidewalk sign policy 3. Possible approval to enter into fuel purchase program with MnlDOT (Resolution - Roll Call) 4. Possible ordering of feasibility report for 2009 Street Improvements (Resolution - Roll Call) 5. Possible appointment to Water Board (Resolution - Roll Call) 6. Possible appointment to Downtown Parking Commission (Resolution - Roll Call) 7. Possible approval of license for encroachment issue with Washington Park (Resolution - Roll Call) 8. Possible approval of the donation of Frisbee golf equipment to Stillwater Junior High PETITIONS,INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICA TIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed under the consent agenda are considered to be routine by the enacted by one motion. There will be no separate discussion on these items u citizen so requests, in which event, the items will be removed from the consent a separately. il and will be il Member or d 2 .. .1~~ T.. "'"T.'''C' OF .'..II~ CITY COUNCIL MEETING October 28, 2008 REGULAR MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward OTHER BUSINESS Discussion on Special Event - 2009 Marathon - St. Croix Events Eric Thole, representing St. Croix Events, said organizers are looking to tweak the event a bit for aesthetic reasons. He explained that the initially proposed route that began at Taylors Falls is too hilly so they are looking at a different starting point and it is hard from a fans' standpoint to watch the marathon as the route goes along the highway. He said marathons that are fan-friendly are those with easy access for spectators. He said they would now like to start and end the race in Stillwater, perhaps incorporating some of the City's landmarks in the route. He said they are hoping to work with the Police Department and staff to come up with a better aesthetic route, however from a policing standpoint, most of the route will be outside City boundaries. He stated that the marathon is planned for the Sunday of Memorial Day weekend and suggested that many residents will be out of town. Mayor Harycki pointed out if the route goes through more neighborhoods that will have an impact on policing and barricading of local street intersections. Dave Eckberg, St. Croix Events, stated they would reimburse the City for 100 percent of costs, but noted they would like the same consideration as given to the bicycle race - 5 officers. Mr. Eckberg also noted that at this point, the number of participants isn't known, as this is a first-ever event, but that the number of participants will be limited. It was noted that the Council had previously given concept approval to the event. Mayor Harycki said he would expect feedback from the Chamber and Visitors' Bureau within the next month or so. Mr. Eckberg said their goal is to have an official announcement, with the route and other details, by December 1. Councilmember Polehna said parking is one of the issues that need to be addressed in the final details. ~ City Council Meeting October 28,2008 After discussion, it was agreed to have Mr. Eckberg return with more details, including the proposed route, at the November 18 meeting before giving final approval. Comp Plan Review Community Development Director Turnblad noted the Council has been involved in working on the Comprehensive Plan for more than two years, having approved the goals, objectives, policies and programs and individual chapters in the plan. However, he pointed out the Council has not seen the document as a vyhole, a single review document. Mr. Turnblad said there would be time for comments after presentations by Tina Goodroad and Jeff Martin of Bonestroo, but noted that comments would be received until December 2. Mr. Turnblad outlined the schedule for comments and review by the various City advisory commissions as well as the schedule of public hearings and review by neighboring communities. Tina Goodroad and Jeff Martin of Bonestroo gave an overview of the individual chapters in the draft document. Ms. Goodroad highlighted several issues related to the land use chapter and issues related to the transportation chapter. Mr. Martin reviewed the downtown sections and downtown framework plan. Councilmember Gag asked a question about the process for dealing with comments, whether comments become discussion items. Mr. Turnblad stated if comments deal with substantive issues, they will be put into a memo for consideration at public hearing. Mayor Harycki asked about a chapter/policy dealing with alternative energy; Mr. Turnblad responded that the plan talks about alternative energy to the extent that the City is required to by state mandate. Mr. Turnblad suggested that alternative energy is a policy document that should be generated independently rather than incorporated in the Comprehensive Plan. Ms. Goodroad spoke of several examples of how other communities have dealt with the alternative energy issue. STAFF REPORTS Police Chief Gannaway gave an update on the administrative citations. He said at the time of the Council meeting, the program had been implemented for 20 days with 29 citations issued, most for speeding. Public Works Director Sanders provided an update on the Manning Avenue project, noting that the roadway is all paved, with striping to begin soon. Weather permitting the road should be open the week following the Council meeting. The meeting was recessed at 5:55 p.m. RECESSED MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7 p.m. Page 2 of 8 City Council Meeting October 28,2008 Present: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Fire Chief Glaser Police Chief Gannaway 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 Gag, seconded by Councilmember Polehna to approve the October 21, 2008, regular meeting minutes. All in favor. OPEN FORUM No public comments CONSENT AGENDA* Mayor Harycki asked that Consent Item 2 - Resolution 2008-144, approval of resolution allowing the accumulation and use of storm water credits and Item 3- Possible approval to purchase laptop & docking station-Administration & Fire be pulled for discussion. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to approve the Consent Agenda, excluding Items 2 and 3. Resolution 2008-143, directing payment of bills Resolution 2008 144, approval of resolution allowing the aocumulation and use of storm '.vater credits Possible approval to purchase laptop & docking station !\dministration & Fire Possible approval to purchase upgrade software for SOL Server - MIS Resolution 2008-145, resolution appointing additional election judges and fixing compensation Possible funding for Lowell Park reproduction plaque Possible approval to purchase 5 roadtemp sensors - Public Works Resolution 2008-146, resolution adopting an assessment Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Page 3 of 8 City Council Meeting October 28, 2008 Mayor Harycki said he would like to see the language in Item 2 (Resolution 2008-144) related to credits for rain gardens tightened up a bit before adoption. Public Works Director Sanders suggested providing some flexibility, for example due to topography issues, isn't necessarily a bad thing to have. Councilmember Milbrandt suggested keeping the language broad provides some negotiation room when the City is seeking approvals from the various watershed entities, but said he would not have a problem limiting that flexibility to the City, rather than individual developers. It was agreed to send the Resolution back to the Middle St. Croix Watershed Management Organization for clarification. Regarding Item 3 (purchase of laptops and docking stations); Mayor Harycki questioned the need for the docking stations and that he would like the purchase of the docking stations removed. Councilmember Milbrandt suggested the docking stations relate to security issues. Councilmember Polehna said he thought it would be worth the $400 purchase price for the docking stations to provide for security. It was agreed to bring this item back to MIS specialist Holman for additional information about whether the request is due to security issues. PUBLIC HEARINGS This is the date and time to consider an ordinance amendina the Charter of the City of Stillwater as it relates to Councilmembers servina on the Charter Commission. Notice was published in the Stillwater Gazette on October 9.2008. (Tabled from 10/21/08) City Administrator Hansen explained the amendment would preclude City Councilmembers from serving on the Charter Commission, and that the amendment is recommended by the Charter Commission. He noted it requires a unanimous vote of the Council for passage. On a question by Councilmember Nyberg, City Attorney Magnuson said he had no concerns with the proposed amendment to the Charter, noting that state law was changed in 2002 to allow the preclusion of Councilmembers from serving on a Charter Commission. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg, moved to approve the first reading of the ordinance. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None UNFINISHED BUSINESS Case No. 08-39. Possible 2nd readina of Ordinance 1001. an ordinance amendina the Stillwater City Code by chanaina Section 31-204. Subd. 6 entitled "Permit Life Cycle". Page 4 of 8 City Council Meeting October 28, 2008 Community Development Director Turnblad noted this is the second reading, and as there were no requested changes at the first reading, the amendment is the same as approved at the previous consideration. Motion by Councilmember Nyberg, seconded by Councilmember Gag to adopt 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 NEW BUSINESS Possible approval of desianation of Oak Street (between 4th & 5th Street) as a one way street Public Works Director Sanders reviewed the proposal to designate Oak Street, between Fourth and Fifth streets, a one-way street. He stated this was the result of a request from residents of the Salem Church condominiums. He reviewed the signage; he also noted it is proposed to have no-parking on the south side of the street due to the width of the road. Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2008-148, approve designation of Oak Street between 4th and 5th Street as a one way and no parking on the South side of street. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Liberty Stop Study Public Works Director Sanders informed the Council that at the beginning of the Manning Avenue project due to concerns about cut-through traffic, temporary stop signs were installed at four different intersections - Tall Pine Trail and Rutherford Road, Settlers Way and Liberty Parkway, Liberty Parkway and Country Road, and Reunion Road and Newman Trail. He said a request was received to make those signs permanent, and a stop sign study was conducted to determine if the signage is warranted. He referred to the state criteria for determining whether stop signs are warranted and that according to the traffic studies; none of the intersections meet the state criteria for volume. He said the most traffic recorded was at Settlers Way and Liberty Parkway; information from the Police Department indicates there was one reported accident in the past five years at the intersection and that was due to winter driving conditions. Mr. Sanders said the study also looked at compliance, as it has been shown that when stop signs are installed at unwarranted locations, drivers simply disregard them; the compliance study indicated only 17 percent of drivers actually came to a complete stop at the four intersections in question. He stated staff is recommending that the temporary signage be removed, with the exception of the Page 5 of 8 City Council Meeting October 28,2008 intersection at Tall Pine Trail and Rutherford Road as Rutherford Road serves as something of a collector street for the neighborhood and all of the other minor streets that outlet onto Rutherford have stop signs. Mayor Harycki suggested that the stop signs have the affect of slowing speed. Police Chief Gannaway said it is documented that drivers will speed up to get to the next stop sign, actually increasing speed. Councilmember Gag asked about the cost of installing stop signs; Mr. Sanders said the material and time for making the signs amounts to about $250 each, with about three hours of labor time for installation per intersection. Councilmember Polehna said he had spoken with members of the Home Association and it is pretty much unanimous in favor of the stop signs and as a compromise he would suggest permanent signage at Settlers Way and Liberty Parkway where there are a lot of kids crossing to the park and store, along with the sign at Tall Pine and Rutherford Road, and leave the temporary signage at the other two intersections until Manning has been open to traffic for a while to determine traffic patterns. Mayor Harycki noted that there had been a request from the traffic committee of the Homeowners Association for two additional stop signs, one at Heritage and Country and another at Heritage and Homeward; he suggested that temporary signs be installed at those intersections as well. Councilmember Nyberg expressed a safety concern about placing temporary signage and then later taking the signs down. Councilmember Gag noted that the traffic counts that have been taken are probably high due to the traffic from the Manning Avenue project and he would not be comfortable with moving forward with installing the signage at a cost of about $1,000 per intersection on a traffic study during a time when there are not normal traffic patterns. Councilmember Nyberg expressed concern about setting a precedent by installing stop signs that are unwarranted in this neighborhood, as there likely are similar requests from other neighborhoods. Councilmember Gag agreed that there needs to be criteria. Councilmember Milbrandt pointed out that the City has been implementing its stop sign study from several years ago, and the trend is removing signs that are unwarranted;, but would be comfortable with leaving the temporary signage until Manning has been open to traffic for a time to determine traffic patterns. Mayor Harycki said residents had a good feel for the traffic. Motion by Mayor Harycki, seconded by Councilmember Polehna to make the signage at all four intersections permanent and requested that the Council take a further look at the Country Road intersections. Motion failed (2-3 Councilmembers Gag, Milbrandt and Nyberg voting nay). Motion by Councilmember Nyberg, seconded by Councilmember Polehna to adopt Resolution 2008-149, approving permanent stop signs at Tall Pine and Rutherford Road and Settlers Way and Liberty Parkway. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Page 6 of 8 City Council Meeting October 28,2008 Motion by Councilmember Polehna, seconded by Councilmember Gag to keep the remaining temporary signage in place and revisit the issue of that signage in a month. Motion passed (3- 2 Councilmembers Nyberg and Milbrandt voting no. Discussion and possible appointment to the Downtown ParkinQ Commission City Clerk Ward stated she had received an application from Curt Newcomb to serve on the Downtown Parking Commission, noting that Commission is still two members short. Ms. Ward said she asked Councilmember Gag if he wished to interview the applicant. Mr. Gag asked that this be a discussion item for the Council and noted that the City continually advertises for members for this Commission but has had difficulty filling openings. Councilmember Gag said he promotes interviews for applicants when there are more applicants than there are positions to be filled, but that this is an instance where the City is just happy to have people apply. Councilmember Gag suggested it would be prudent to appoint Mr. Newcomb and reaffirm the other two members who are seeking reappointment. Councilmember Milbrandt suggested that the interview policy be amended to suspend interviews for the Parking Commission and Human Rights Commission until those bodies are at full membership. Motion by Councjlmember Gag, seconded by Councilmember Milbrandt to adopt Resolution 2008-150, approving appointments to the Downtown Parking Commission and approve the amended interview policy as suggested. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None . COUNCIL REQUEST ITEMS Councilmember Gag asked Mayor Harycki for an update on the CVBB. The Mayor said revenues are greater than expected and the organization recently began several new advertising programs. The Bureau also is working on a video and generally is making quite a bit of progress. Mayor Harycki asked Public Works Director Sanders to look at the intersection of Sherburne and Rice for possible placement of stop signs due to cut-through traffic. Chief Gannaway said his department has received complaints from that area. ADJOURNMENT Motion by Councilmember Nyberg, seconded by Councilmember PQlehna, moved to adjourn at 7:45 p.m. All in favor. Ken Harycki, Mayor Page 7 of 8 City Council Meeting October 28,2008 ATTEST: Diane F. Ward, City Clerk Resolution 2008-143, directing payment of bills Resolution 2008-144, NOT USED Resolution 2008-145, resolution appointing additional election judges and fixing compensation Resolution 2008-146, resolution adopting an assessment Resolution 2008-148, approve designation of Oak Street between 4th and 5th Street as a one way and no parking on the South side of street. Resolution 2008-149, approving permanent stop signs at Tall Pine and Rutherford Road and Settlers Way and Liberty Parkway Resolution 2008-150, approving appointments to the Downtown Parking Commission Ordinance 1001, an ordinance amending the Stillwater City Code by changing Section 31-204, Subd. 6 entitled "Permit Life Cycle" Page 8 of 8 An Advocate for Wilderness Search and Safety Bringing Jon Home By David Francis Bringing Jon Home is the story of Jon's brief, remarkable life and ministry, our grief and loss and the search to find him and bring him home. Accepted for publication. Available in 2009. Excerpt from Chapter 6, Journey of Sorrow: "There's a hole in the world now. In the place where he was, there's now just nothing.... "The world is emptier. My son is gone. Only a hole remains, a void, a gap, never to be filled." — Nicholas Wolterstorff, Lament for a Son. "That summer, prayer vigils for Jon were held in churches all across the country. On August 16rn Ascension Lutheran held a memorial service for Jon. Pastor David Kiel spoke for the congregation when he said; `We are here today to give thanks to God for the life of Jonathan David Francis! Jon did not live for himself. He loved the Lord. We all knew that ... we all saw that. His whole life was about loving and serving God by loving and serving God's people. That's why he worked at a Christian Camp. That is why he served this congregation as our Minister of Youth. That is why he led groups of people to work at Habitat for Humanity and to serve those less fortunate at St. Anne's Center here in Ogden. That's why Jon was coming back to Ascension after being at camp this summer and having worked at camp at least four summers in a row. That is why Jon was planning on going to seminary in a year. He loved the Lord and he lived for the Lord. Jon loved life! We saw it. We experienced it. His love for life made us all smile! And we all know that his love for life was grounded deeply in his love for God. Jon lived an abundant life —and it was abundant because he was a servant of Christ. It gave his life purpose and meaning. That's why Jon was so endearing to us. That's why we can thank God for him. That's why we can celebrate Jon this day in the midst of what we don't understand —in the midst of our sadness —in the midst of our loss." Jon —we love you and we miss you deeply! Please know that you made a difference in our lives. Please know that you touched us all with the love of God. We will spend the rest of our lives in an attempt to honor you by serving each other just as you served us! We thank God for you and we'll carry you in our hearts always! "' Pastor M. David Kiel of Ogden, Utah Jonathan David Francis was a remarkable young man, an All American Runner in Minnesota, a Bible Camp Counselor in Idaho, a youth minister in Utah, a mountain climber and the finest son a parent could ever have. We raised our son in our Christian tradition and Jon grew to have a pastor's heart. After college he moved to Ogden, Utah to serve as Director of Youth Ministry at Ascension Lutheran church. He was on his way to seminary. Jon never completed his journey. At age 24, he died in a mountain climbing accident in Idaho, July 15, 2006. We have learned that the loss of a child is the deepest sorrow known to humanity. Unresolved loss - to not know what happened, to not be able to find and lay your loved one to rest piles grief upon grief. jovr.. FrQ wc"ts Jon gained the summit of Grand Mogul in the Sawtooth Mountain Range of Central Idaho. He did not return. A searcher brought down the note that Jon had left in the summit registry. "07/15/06. Jon Francis, *LHBC (Luther Heights Bible Camp) and Ogden, Utah. Climbed avalanche field to east face and east ridge. It read: i �'' Great times bouldering! All Glory to God for the climb and the beautiful Sawtooths." Our year long search for Jon attracted national attention and the support of hundreds of volunteers and search and rescue resources. We succeeded in the recovery of Jon's remains on July 24, 2007. Jon was laid to rest, at home in Minnesota, on October 9, 2007. Jov-'s Legacy Jon loved deeply and was deeply loved. He was a teacher, mentor and an inspirational leader. In his ministry, Jon taught, "It's not what we gather, but what we scatter, that defines the kind of life you have lived." During his brief life he left many footprints. Jon touched and inspired others. He ran long distances and climbed mountains, not only to challenge himself, but also to glorify God. Jon loved others unconditionally, held a reverence for life and stood in awe of God's creation. In 2007, to honor Jon's brief, remarkable life and ministry and to pass on his legacy of making a positive difference in the world, we created the jovu frawois foLw0at'LovL. The mission of the jov,, frawcts fou.vwdatLovL (JFF) is to support and empower others, coping with the disappearance of a loved one, by providing hope, knowledge and resources and to reduce incidents of loss through wilderness safety training and information. "May God bless you with tears ... to shed for those who suffer from pain... so that you may reach out your hand to comfort them..." - A Franciscan Blessing. 51-.. Jon Fraiwis On a flat road runs the well -train d runner. He is lean and sinewy with muscular legs. He is thinly clothed, he leans forward as he runs, with lightly closed fists and arms partially rais'd. - The Runner by Walt Whitman 1997 Stillwater High School Boy's Cross Country Team Minnesota State High School and National Champions (From left to right: Coach Scott Christensen, Sean Graham, Luke Watson, Greg Wikelius, Chris Boldt, Jon Francis, Joel Samuelson and Pete Prince) An Awesome Year When Jon entered High School in 1997, he made Varsity Cross Country. Jori s first year of High School Varsity Cross Country was an awesome year. As a sophomore, Jon was the number 4 runner on the 7 member team led by the legendary Luke Watson. The 1997 Stillwater High School Boy's Cross Country Team went undefeated. They were Conference, Section and State Champions (winning the State Meet by over 100 points) and were voted by the sports' writers (USA Today/ Harrier's) as National Champions (Ranked 1st. out of 23,000 High School boy's teams). Jon finished 8th at the Sectional, completing the 5K course in 16:18, and qualifying for his first Minnesota State Meet. At the Minnesota State High School Cross Country Running Meet, on November 1st at St. Olaf College in Northfield, Jon was the 15th• Competitor and the 4th Stillwater runner to cross the finish line. Jon earned All Conference and All State honors that year. Jon's Running Resume ❑ Three Sport Athlete in High School (Track, Cross Country and Cross Country Skiing) ❑ Member of the SAHS Varsity Track Team for four years. ❑ Competed in seven (7) State Meets. ❑ Contributed to four (4) State Championships. ❑ Member of Stillwater Boy's Varsity Track which won State in 1996,1997 and 1998 and True Team in 1997 and 2000. ❑ Winner of the 2000 Meter Steeplechase at the 100d~ Annual Carleton College Invitational Track and Field Meet with a time of 6:11.98. ❑ One of the "Magnificent Seven," the Stillwater Boy's Cross Country Team that went undefeated, won the Minnesota State Meet and were voted National Champions. ❑ In 1998, Jon was consistently ranked in the top ten of high school runners, was named All - American, ran a 5K personal best of 15:58, finished 2nd at the Sectionals and was 6th overall (4th among team runners) at the Minnesota State High School Meet. Jori s time of 16:02 was his personal best and the 4th fastest time for a Stillwater runner at the State Meet. ❑ Jori s Personal Bests: o 800 meters: 2:04 o 1600 meters (1 mile): 4:23.67 (Minnesota Honor Roll) o 3200 meters (2 miles): 9:36.26 (Minnesota Honor Roll) o 5K:15:58 o 10K: 31:21.21 o 3000 meter Steeplechase: 9:41.47 o Half-Marathon:1:14.36 o Marathon:3:12.54 (In his own words) ❑ I have been racing competitively since 1995, eighth grade. ❑ Ran varsity on USA Today/ Harrier's National #1 ranked cross country team, Stillwater Area High School,1997. ❑ Three time All- State Cross Country, Minnesota High School (1997-99). ❑ All- Conference 10K Track, North Central Conference 2002. ❑ Winner of 2004 Gopher to Badger Half - Marathon, 2004. ❑ NCAA Division II, NCAA All- Academic Team Division, 2004. ❑ Finisher of 2005 Lincoln, Nebraska Marathon. ❑ Four time Captain (2001-04) of the Augustana College, Sioux Falls, South Dakota (NCAA Division II) Cross Country Team. ❑ I have trained for distances ranging from the 1600m to the marathon. • Name: Jon Francis • Year: Senior • Spring Sport: 7frack • Vitals: Prances is winding down. a long and tutwessful'career of running cross country and track for the Ponies. He was part of the Ponies' national champion cross country learn in 1997 and has been a mainstay at the state cross country and track meets every year, . • Career Highlights: Francis' 157 most recent highlight was break- ing the 4:30 mark in the 1,600 meters, which he accomplished at the section true -team meet with a time of 4:25.10. • Interests: Jon likes playing kickhall and ultimate frishee and making mix tapes, which he pass- es out to friends. "It's fun, and people seem to like them." Next year, he will attend Auguslana and major in religion or education, 1 think they're both pretty important." Ile will also run cross country and track. • On his team: "We have the talent to be a great team, but it's up to us to decide." • Coach Scott Christensen says: "He's certainly running the best time of his career in May of his senior year, and as a coach that's cer- tainly what YOU hope for. He's the last tie to our dominant teams, and while we've still heen very good, we've not been as dominant. But he and (Dan) Cinnamon are the last lies to that group, and they've been looking to show the other kids how it's done." Augustana coach runs for missing athlete, St Reprinted with permission by Mick Garry WHEN THE ROAD GOT TOUGH in Sunday's Seattle Marathon, Augustana track and cross country coach Tracy Hellman glanced down at the picture of Jon Francis printed on his shirt. Francis had always been a special part of Hellman's program at Augustana. The Stillwater, Minnesota, ath- lete was his first recruit as head coach of the Vikings, a five-year runner within the program, and also a friend. It was July 15 that Francis left a bible camp near Ketchum, Idaho, to climb Grand Mogul peak in the Sawtooth Mountains. The youth minister was never'seen again, presumed dead on the mountain and the victim of a climbing accident, although his body has never been found.The circumstances regarding Hellman's effort in mem- ory of Francis are heartwarming. The details regarding his former athlete's disappearance are tragic. Somewhere between, those close to Jon Francis continue to deal with the sadness of the loss. "I tried to picture him running in the marathon," Hellman said. "The last five miles of the race there were some huge hills to deal with. I know Jon's goal was to break three hours, so it was my goal, too. I glanced down at the picture, and it gave me the moti- vation to keep pushing." Hellman, who finished 13th overall with a time of 2:54:19 on a cold and sloppy Seattle day, had been .. ........... -------- __T asked by the Francis family to run in place of Jon, who had registered to run in the race before his disappearance. David and Linda Francis were retrieving Jon's belong- ings in Ogden, Utah, where Jon was working as a youth minister at a Lutheran church. They came across his registration for the marathon and began thinking about possible ways to honor their son. David Francis, who has also run marathons, considered run- `'.. ning in his son's place, but aid- ing the search, coupled with ET&TWIrl grief and a campaign for a Minnesota state senate seat, made training impossible. "Our daughter suggested Tracy, and she asked him if he'd be willing to run for Jon," David Francis said. "We're all doing grief work by David and Linda Francis Home Town: Stillwater, Minnesota High School: Stillwater, Class of 2000 College: Augustana, Sioux Falls, South Dakota, Class of 2005 Majors: Religion, Spanish and International Studies Career Highlights: Boo meters, 2:04. 1600 meters, :zy. 3200 meters, 9:36.26. 5K, 15:58. ioK, 31:21.21. 3000 meter Steeplechase, 9:41.47. 2000 meter Steeplechase, 6:11.98. Lincoln Marathon, 3:12.54. Winner - Gopher to Badger Half Marathon (1:14.36). Born to Run We could see that our son, Jon Francis, was built for running when he was five years old. As a beginning soccer player, Jon was quick to the ball and would race back and forth on the field faster than anyone else. on water runner Jon Francis ------------- ..... ............ _ --------- ................. ----------- at different paces and in different ways. We thought it was important that Jon's ' life be honored and recognized. This was Tracy's way of doing it." i Hellman contacted the marathon's organizers and explained the situation. He was given Jon's registration number and ran wearing a shirt with his former 1 runner's face screen -printed on the front. "I felt the best for a marathon I've ever felt, which is odd, because I wasn't able to train for it like I have for some of the others I've run," Hellman, a Redfield native, said. "I had bronchitis, which kept me from running for about a month. I wasn't sure how welCl was going to do. I just wanted to finish for Jon." I Hellman began the race conservatively and then, when he realized lie was feeling pretty good, began running harder. "I talked with my family and friends afterward," Hellman said. "It was like Jon was watching over me." r Francis, an avid climber, was working at Luther Heights Bible Camp near jKetchum, Idaho, when he left to climb the Grand Mogul peak this summer. He J made it to the top, writing "Great boulderin91" and "All glory to God for the climb and the beautiful Sawtooths" in a log registry at the summit, There has been no sign of him since. More than 3O0 people have helped in the search since then. The farnily has not {J given up, though the winter will prohibit them from searching again until May. i "We're all in agreement that we're not going to give up," David Francis said. "I think Jon is in a place where he wants to be now, but as parents and loved ones, it's not finished until we find his remains. We want to give him a proper 1 Christian burial in the tradition." i Included in the vain search in the first week after the disappearance was Hellman, who drove with assistant coach Chris Bradford to Idaho to help. "It's really tough to put into words what I was feeling when I was running," Hellman said. "To be running in memory of one of my former runners, who they haven't found yet, I just can't put it into words. It's just hard to believe they had Iso many people on that mountain and nobody could find anything." At www.jonfrancis.org, people can find ways to aid in the search effort. In addition, the family will start the Jon Francis Foundation in January. The organi- zation will seek to help families put in the same position the Francis family faced during those terrible first days. "When we arrived in Idaho on July ib, we didn't know anything about search methods, or how to organize people or raise money," David Francis said. "These are things I never wanted to know, but now I know. We want to help people who are trying to find climbers and hikers who go missing," Information about the foundation can be found at, www.jonfrancis.org. "Jon was such a positive instrument for Augustana's program," Hellman said. "He brought an energy to everything he did. He was a talented runner, but it was his positive outlook that was most memorable, He was the glue that held the team together." m MAR(II/APRII. 2007 IM M I S S I N G Y o U: Augustana coach runs for missing athlete Jon was born in Northfield, Minnesota, on March 5, 1982, our fourth child and our only son. The Francis family moved to Stillwater when he was eight. Jon continued to play soccer, but was drawn to competitive running as he began to realize his God given talent. When he was a ninth grader, in Stillwater Junior High, Jon was selected for the Stillwater High School varsity track team and jun- ior varsity cross country. When Jon entered High School in 1997, he made varsity cross country. An Awesome Year Jon's first year of high school varsity cross country was an awe- some year. There is no other superlative than awesome that really fits. As a sophomore, Jon was the number four runner on the seven member team led by the legendary Luke Watson. The 1997 Stillwater High School Boy's Cross Country team went undefeated. They were Conference, Section and State Champions and were voted by the sports writers as National Champions (ranked first out of 23,000 high school boy's teams). Jon finished eighth at the Sectional, completing the 5K course in 1&18, and qualifying for his first Minnesota State Meet. At the Minnesota State High School Cross Country Running Meet, on the first weekend in November at St. Olaf College in Northfield, Jon was the 15th competitor and the fourth Stillwater runner to cross the fin- ish line. Jon earned All Conference and All State honors that year. This was a "three -peat" for Stillwater, their third consecutive Boy's Cross Country Championship. Local sports writers dubbed them "The Magnificent Seven." Jostens created a "super bowl style" championship ring for the team. Jon would not order a ring. We encouraged him to buy one. But Jon said: "Dad, I don't need a ring. I know what we did." (touching his heart) he said: "I carry it in here." Great Genetics and Great Coaching The team's success was not just the result of hard work, talent and good genetics. It stemmed from the outstanding coaching of one of the best high school coaches in the country, Scott Christensen. Christensen's intelligent, scientific and disciplined training philosophy was a good match for Jon's speed, intensity and work ethic and helped Jon reach his highest potential as a high school athlete. In 1998, Jon's junior year, and second year of varsity cross country, he was consistently ranked in the top 10 of high school runners, was named All -American, ran a 5K personal best of 15:58, finished second at the Sectionals and was sixth overall (fourth among team runners) at the Minnesota State High School Meet. Jon's time of 16:02 was his personal best and the fourth fastest time for a Stillwater runner at the State Meet. Unfortunately, Stillwater placed third that year at the State Cross Country Meet in Northfield. Off Course In his senior year of high school cross country, Jon was elected team captain and was the last of "The Magnificent Seven" on the team. That year he made headlines at the Sectional Meet when the golf cart driver took a wrong turn. Jon was in the lead, on record pace and following the cart. When Jon realized his mistake, he and several others had taken a 200 yard detour. Jon regained the course and finished 11th. Not finishing among the top io individuals meant that Jon did not qualify for the State Meet. Jon accepted personal responsibility for the error. However, others did not, and heavily lobbied the media and The State High School League to own up to the official's mistake and to enter Jon into the 1999 State High School Meet. It worked, and Jon ran his third and final Minnesota State High School Cross Country Running Meet as an individual competitor. One of his fans placed a sign on the road side in Northfield that read: "Welcome Home Jon." On Track As an outstanding middle distance track runner, Jon qualified for the State High School Track Meet and True Team for four consecu- tive years and is listed on the honor roll for his 3200 metertime of 9:36.26 and 1600 meter time of 4:25.10. Stillwater Boy's Track won State in 1996, 1997 and 1998 and True Team in 1997 and 2000. In z000, Jon also finished first in the z000 meter Steeple Chase at the tooth Annual Carleton College Invitational Track and Field Meet with a time of 6:11.98. Off to College Jon was heavily recruited by colleges but chose Augustana College in Sioux Falls, South Dakota, because he was attracted by the community of faith and its running coach, Tracy Hellman. We drove Jon to Sioux Falls in the fall of z000 along with dozens of running shoes and his old, tattered "lucky" running shorts. At Augustana, Jon ran track and cross country for five years, often competing against his high school classmates, including a few of the "Magnificent Seven" from Stillwater. . Honor is bittersweet for Francis family OAK PARK HEIGHTS — David Francis was honored to present the awards and trophies to the top finishers in the 3,200-meter teun race — an event which now shares the name of his son, Jon — at the Pony Classic. David and his wife, Linda, don't need reminders because Jon is on their minds daily, but there were mixed emotions on Saturday. "Bittersweet is probably the best word to describe this," David said. "I would much rather be sitting here with Jon than being out on the field giving awards out to an event named after trim. It would be great to have both. Certainly, if I could trade, I would rather have Jon with us than com- ing to memorial events." Jon, a standout runner whose legacy is marked as much by his leadership and character away from the track as his numerous athletic achieve- ments, went missing while climbing in the Sawtooth Mountains of Idaho last summer. The search for Jon is scheduled to resume in June. led by David and his family, who are also starting the. Jon Francis Foundation in his memory, a non- profit dedicated to wilderness search and safety. "Joel was such a remarkable young man that we're certainly honored that he gets this recogni- tion, but we feel he earned it the way that he Iived his life, his accomplishments as a person and as an See Francis, page 8 Francis (Continued from page 6) athlete," David said. `"Phis is very meaningful to us, but it's also, I think, the kind of respect and honor that Jon really deserved by the way he lived his life." Ponies coach Scott Christensen echoed those thoughts about a former athlete turned friend. ,,I'm still coming to terms with it. myself," the coach said. "I still expect hirwto walk through the gate like he always has. I can',t come to grips with it myself. One of the things -with naming an ath- letic event after somebody is you,don't dwell on Pony Classic 3,200-meter, team Pace pays tribute to Jon Francis The following announcement was read prior to the start of the 3,200-meter team race at Saturday's Pony Classic: Jon I-'rancis was a 2000 graduate Of Stillwater High School. He war captain of both the track and cross country teams his senior year. 11e matriculated to Augustana in S4oux Palls. South Dakota and competed at the Division 11 level of the iVCAA for• four years. He was all -conference three tunes in college. As Stillwater, his 1,600 personal best of 4:23,67 earned hirer a trip to state and he ranks 15th on the all-time Stillwater list. He also ran in the 3,200 meters at state. He minks.12th on that list. In cross corrnrry he ran in .state three times. The 1997 team won state and 1998 was third. He was a vital member of the 1997 team that was named the best cross country team in the nation by USA Today newspaper. Last July 15, Jon become lost in the Idaho wilderness while on a climbing trip. An avid climber. lie had climbed with Ponies coach Scott Christensen. Jon remains unfound, with search- es continuing. The 3,200-nieter team race at the Pony Classic will forever bear his name. the sorrow or the mournful part of it, you rejoice. He was the top two -miler in the Pony Classic twice and he did it by running from the front." Not surprisingly, Stillwater's relay team of Ryan Nichols, Jeff Lee, Rio Bailey and Patrick Swanson -- whose older brother Andy was a cap- tain and teammate with Jon — ran much the sane way while winning on Saturday. 111'm just glad Stillwater won," David said. "It was great that they won the first annual Jon Francis race. "It was just great to be here. Scott was not only a strong influence in Jon's athletic and personali- ty development, but lie's become a good friend to us." — Stuart Groskreutz 44 lw-!� Jon and David at a Minnesota State Cross Country Championship Stillwater Marathon Fact Sheet First Date: May 24, 2009 (Sunday) Start Time: 7 :00 a.m. Starting Point: Marathon (26.2 miles).. ..20 Mile.. ..Half Marathon... .12K Highway 95 - Just South of Downtown Finish Lines: Pioneer Park - 12K & Half Marathon Lowell Park - 20 Mile & Marathon Marathon Route Starting on Minnesota State 95 with start lines between the Andiamo Main Office and the Oasis Cafe.... South on 95 through Bayport to 22nd Street... .22nd Street West to Stagecoach.. ..Stagecoach North to 23 (Beach Road).... Beach Road to 4th Avenue.. ..North of 4th Avenue to Burlington....West on Burlington to 6th Ave.... North on 6th Avenue to Churchill.... West on Churchill to Greeley....North on Greeley to Myrtle. ...West on Myrtle to Minar.. ..North on Minar to Boutwell... .East on Boutwell to NeaL.. .North on Neal to Mc Kusick Road... .East on Mc Kusick (Using the Trail) to Amundson... .North on Amundson to Sycamore... . Sycamore to Stonebridge TraiL.. .North on Stonebridge Trail to Highway 95... . South on Highway 95 to Mulberry Street... .East on Mulberry Street to Lowell Park. . . .Finishes in Lowell Park. 20 Mile Course Follows the Marathon Course to 5th Street in Bayport.. ..West on 5th Street to Stagecoach. . . .Back onto the Marathon Course to finish. Half Marathon Course Follows the Marathon Course to Myrtle and Owens.. ..North on Owens to Laurel. . . .East on Laurel to Pioneer Park finish. 12 K Course Follows the Marathon Course to 5th Street in Bayport... .West on 5th Street to Stagecoach... .Back onto Marathon Course to Myrtle and Owens... .North on Owens to Laurel. . . .East on Laurel to Pioneer Park finish. Map included in the packet Traffic Control Points: At all intersections by Police or event staff Officer costs to be paid by the event. Traffic will be allowed to cross the course at the direction of the officers or event staff. Street Impact Timelines: (Stillwater) Highway 95 south to 36 - 0645 to 0720 4th Avenue and Orleans - 0725 to 0945 (soft closure) Greeley and Myrtle - 0735 to 1005 (soft closure) Finish Line 12 K & Half - Pioneer Park - 0739 - 1023 Finish Line 20 Mile & Marathon - Lowell Park - 0840 - 1330. Course Comments: Traffic will be allowed to cross the course at every intersection runner traffic permitting. In addition, race staff will assist residents with homes on the course in getting out of their driveways and escorting them to the nearest cross street runner traffic permitting. Residences with homes on the course will receive a direct mailing from the Marathon informing them of specific race timelines and will be given a direct "Hot Line" number to reach on race day. Trails on Myrtle and Mc Kusick will used instead of roads further reducing race day impact. The course will be coned versus roads closed wherever possible. Garbage Removal: Any Garbage generated by the event will be removed that day. In addition Sentence to Serve will be on site to do a general cleanup of all areas. Porta Potties: Approximately 250 (Start, Finishes and along the courses) Water Stops & Aid Stations: Start, Finishes and approximately 18 and 12 respectively along the course. The Aid station plan will be designed by leading Marathon medical experts and implemented by local healthcare professionals. Emergency Plan: The Marathon emergency plan will be designed with the assistance of national Marathon experts and local police, and fire departments and Lakeview Health. ,. Race Parking: Roundtrip shuttles will be provided from area hotels/motels and from large parking lots on the hill (i.e. Andersen corporate and Washington County Government Center). Race participants will be directed to use the shuttles in their race packets. Economic Impact: Local non-profit organizations, youth groups, etc. will be offered the opportunity to provide staffing at the race in return for a donation to their organizations. Estimated donation for this staffing is expected to exceed $25,000. Marathons events have proven to have a very positive economic impact in the communities that host them. Hotel and Motel rooms are filled by visiting runners and their supporters subsequently filling restaurants and generating traffic in area businesses. It is estimated that each local race participant is accompanied by several supporters which creates a large pool of potential local business visitors. Community Involvement: Community members will be encouraged to line the course and support the runners. A fan support contest will be developed to award unique and enthusiastic supporters and groups of supporters. Runner Tracking; The Stillwater Marathon will utilize a timing chip system that allows people to track their favorite runners by computer during the race. Stillwater Marathon Race Weekend Schedule Mav 23 Packet Pickup, Expo and Pasta Feed - Stillwater Area High School May 24 0630 - Ecumenical Church Service - Lowell Park 0700 - Races Start 1330 - Marathon Ends ~"2l!m.'''CTN 3' i CARLIo~NE':-.N.~~/ !rJO ~:. 33 ~ ~~r ~ ~ - i ~I OL'"'."m.";~ I'.... . ~ "':_>-.-:::' '~~_, . ,_. ~f r~ ~.~ ,~ ' :.:." ~.:~.: I " " " "" ""I'''''' ~.~.. ..... ~ ':::' i""'" l ----- ,~. -- --- " " ':::' -. .".. dfii.' ~"'THSr. (..~ - - ~.. - ",..' .' " '." C l' ....~ ""0'" ' ST . ~~'.". q"..,... ,\\ \ \' tf 2 I \m",o 1~' L"::'~~;::.~lIn 'Ilo. ',~ 1I-.~.. ,;J ,,1: wrf \ . ~ .. - I '''~Shop ~/ 'J-_ . 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L"~l" .....J. i c ~ it~oJ~T1jsr!'.j:-~_~ l,.m~ ~~J ~ ~I _, N'AV~ 't- 1M,," I" ~.~ ~ .~ ~ ., ~ ;l t~ ~-' l\< - - '( LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2008-151 1ST Line/Leewes Ventures LLC Abbott Paint Abrahamson Nurseries Ace Hardware Advanced Sportswear Ancom Communication, Inc. Applied Images Aramark Archetype Signmakers Aspen Mills AT&T Babcock, Matt BCA BTS Board of Water Commissioners Boyer Ford Trucks Brines Market Bryan Rock Products, Inc. Buberl Black Dirt, Inc. Carquest Auto Parts Cartridge World CATCO Parts and Service COW Government, Inc. Century College Chemsearch City View Electric, Inc. Coca-Cola Bottling Company Cole Papers Cub Foods Curb Masters, Inc. Dakota Supply Group Denny Hecker Auto Connection Dive Rescue International, Inc Dragonfly Gardens Fastenal Company Fed Ex Force America Frank Madden & Associates Fuhr Trenching GCR Minneapolis Truck Tire Center Gopher State One Call, Inc. Grand Prix Vending Johnson, Ronald Concession Supplies Paint Landscaping for Street Project Icemelt/Hardware Uniforms Antenna Par Tags Uniforms Dasher Ads Uniforms Telephone Mileage Reimbursement - Lacrosse Training - A Peterson/Kopel/Heroux Plumbing supplies for irrigation Equipment Repair Supplies Election Judge Dinners Lime Black Dirt Equipment Repair Supplies Office Supplies Minor Equipment Mircro Soft Key Board Catt, Jozefow, Marchetti, Stewart, Werpy Janitorial Low Voltage Fire Alarm Test Concession Beverages Multifold Towels, Liners, Tissue, House Food for Election Judges/Concession Supplies Remove Pedestrian Ramp Lamps Vehicle Service/Rotate Tires Tuition Landscaping for Eagle Ridge Street Proje Misc Shop Supplies Shipping Datalux for Repair Roadtemp Sensors. Council approved 10-2 Professional Services Rendered Repair service line at Linden St & Robin Tires Tickets Concession Food Reimburse for Horn Button 476.25 94.55 1,000.00 731.43 74.00 17.57 56.29 234.93 103.84 766.68 315.28 665.31 150.00 1,594.27 13.77 780.68 696.55 63.90 517.00 69.21 42.92 43.27 1,500.00 246.11 213.00 1,374.72 505.98 235.93 1,900.00 122.05 70.92 227.95 39.40 355.93 31.48 3,932.81 1,243.19 6,155.00 640.88 368.30 298.20 151.14 EXHIBIT" A" TO RESOLUTION #2008-151 l.T.G.Power Legislative Associates Linner Electric Co. Loffler Companies, Inc. Menards Metropolitan Council Miller Excavating, Inc. Mitchell Hanson Electric, Inc. MN Chief of Police Association MN State Patrol Neigh, Charlotte NEOPOST Newman Traffic Signs NXKEM PRODUCTS Office Depot Office Max Oil Air Products, Inc. OnSite Sanitation Onvoy Prairie Equipment Co. Ra-Mar Plumbing, Inc. Rick's 36 Automotive Service Riedell Shoes, Inc. River Valley Printing Inc. RiverTown Newspaper Group Schuster Co. Sentry Systems, Inc. Sprint PCS St. Croix Boat & Packet Co. State Treasurer Stillwater Towing Sun Newspapers SunSource T-Mobile T.A. Schifsky & Sons, Inc. Toll Gas & Welding Supply Tri State Bobcat, Inc. Twin City Saw Co. Verizon Wireless Washington County Dept of Public Water Works Irrigation LLC Waterous Company Watson Appliance Service Wolf, Beth Wulfing, David Parts Monthly Legislative Billing Repair Parking Lot Lights Sonicwall Dynamic Support Roller Cover Wastewater Charge Gravel Power Score Board & Underground Repair Permits to Acquire Light Bars Arbitration Services Meter Rental (100) Stop Signs Brake Cleaner Yellow Copy Paper Office Supplies Orings Portable Restroom Unit# 1440 Telephone Flange, Gaskets and Plugs Equipment Repair Charges 2007 Chev Silvera do Skates for Resale Inspection Sheets Publications 3000 Direct Deposit Advice Slips (118.20 Monitoring Services Telephone Monthly Services/3 Periods Monies from Forfeitures Towing Public Accuracy Test Rebuilt Motor on Sweeper Cell Phone Asphalt Acetylene Parts Equipment Repair Supplies Verizon Bill Food License Install irrigation on Public Works Ball Parts Repair Dryer Reimbursement for Conference Expenses Reimburse for gas Page 2 270.30 2,791.66 271.00 4,968.19 151.93 104,990.71 780.10 1,077 .00 31.63 250.00 2,000.00 886.02 3,003.30 345.58 250.57 50.38 67.20 611.28 510.95 450.07 686.25 69.97 1,697.97 355.71 80.50 403.51 140.32 689.27 57,592.82 142.89 90.53 439.83 1,087.63 51.64 1,669.16 27.81 177.58 14.27 930.70 746.00 14,500.00 23.60 387.43 645.44 33.37 EXHIBIT" A" TO RESOLUTION #2008-151 Yocum Oil Company LIBRARY Archetype Signmakers Baker & Taylor Baker & Taylor, Inc. Budget Lighting, Inc. BWI Book Wholesalers Crandall, Allison Croft, Matthew DeSteno, Deb East Suburban Resources, Inc. G & K Services George Siegfriend Construction Co. Karsnea, Carol Mid-America Business Systems MN Historical Society National Geographic Society Pony Express Security Response Services Inc Stringer Business Systems Water Works Irrigation LLC Xcel Energy Page 3 Fuel Signage Nonfiction Books Library Materials Light Bulbs Children's Books Refund Cleaning Services Professional Services Shredding Service Rug/Towel Service Capital Improvement Refund Supplies Microform Nonfiction Book Subscription Security Monitoring Maintenance Contract Service Utilities 3,397.51 145.00 232.84 3,354.85 42.25 89.03 16.00 625.24 194.76 5.70 179.84 15,600.00 24.00 211.50 32.50 15.90 15.00 155.67 53.28 125.00 4,007.04 RESOLUTION 2008-152 APPROVING RENEWALS OF ON-SALE, OFF-SALE, CLUB, WINE, SUNDAY ON-SALE, ON-SALE 3.2%, OFF-SALE 3.2% LIQUOR LICENSES AND TOBACCO LICENSES FOR 2008 WHEREAS, requests for renewals have been requested by the businesses listed below: and WHEREAS, approval is contingent upon receipt of all required documentation, completion of background investigations, and the fulfillment of all requirements for eligibility to hold a liquor and/or tobacco license in the City of Stillwater; NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater,Minnesota, hereby approves the renewals of the businesses listed below for On-sale, Off-sale, Club, Wine, Sunday On-sale, On-sale 3.2%, Off-Sale 3.2% liquor licenses and tobacco licenses for 2009. Aca ulco Mexican Restaurant American Le ion Brine's Bar & Restaurant Cesare's Wine Bar Cub Discount Li uor Cub Foods Dock Cafe Ele hant Walk B & B Famous Dave's BSQ Frei ht House Hansen's Li uors Harbor Bar Holida Kwik Tri #415 Lens Famil Foods Libert Wine & S irits Lo ers Lowell Inn Luna Rossa Trattoria & Wine Bar Mad Ca er Marx Wine Bar and Grill Meister's Bar & Grill MGM Li uor Warehouse Murasaki Aca ulco of Stillwater, Inc. Stillwater American Le ion #48 Brine's Bar & Restaurant, LLC Cesare's Wine Bar LLC Su erValu, Inc. Su erValu, Inc. Dock Cafe Cor . Ele hant Walk Inc. D & D of Minnesota Frei ht House Inc. Hansen's Li uors LLC EKS Inc. Yocum Oil Com an Kwik Tri , Inc. Lens Famil Foods Libert Villa e Wine & S irits, Inc. Lo ers Inc. St. Croix Boat & Packet Co. Luna Rosa, Inc Mad Ca er Saloon & Eate Inc. B.A. Mensch, Inc. Meister, Eileen V. Raeburn & Associates C & G Suko ,LLC ONSALE,SUN CLUB, TOBACCO ONSALE,SUN WINE W/SB 3.2 ONSALE OFFSALE ONSALE,SUN WINE ONSALE,SUN ONSALE,SUN OFFSALE, TOBACCO ONSALE,SUN,TOBACCO TOBACCO 3.2 OFFSALE,TOBACCO TOBACCO OFFSALE, TOBACCO ONSALE,SUN,TOBACCO ONSALE,SUN ONSALE,SUN, OFFSALE ONSALE,SUN ONSALE, SUN ONSALE OFFSALE ONSALE, SUN Northern Vine ards Oak Glen Oasis Market Oasis Market P.D. Pa 's Rivertown Inn Rub Be onia's Savories Shane's on Main Smalley's Carribbean Barbe ue South Hill Li uor Store St. Croix Seafood & Grille Stillwater Count Club Stillwater De ot Stillwater K.C. Hall Stillwater Lod e Stillwater Station Stillwater Tobacco Sho Stone's Restaurant Sutler's Wines & S irits The Chefs Galle The Grand Water Street Inn White's VDR Inc. E & K Convenience, Inc. North Hill Li uor Ltd. Minnesota Winegrowers Coo erative Oak Glen Limited pts . Twin Cities Stores, Inc. Twin Cities Stores, Inc. Beach Blanket Bin 0 Inc. Rivertown Inn, LLC DJ Com anies of Stillwater Savories LLC The O'F acto Bad Latitude, LLC Meister, Eileen V. St. Croix Seafood Com an Stillwater Count Club, Inc. Stillwater De ot LLC Stillwater K.C. Hall, Inc. BPOE Lod e 179 Moreno Diversified, Inc. Stillwater Tobacco Sho , Inc. Stone's Restaurant LLC Sutler's Inc. The Chefs Galle ,LLC St. Croix Boat and Packet Co. St. Croix Preservation Co., Inc. DNR Pro erties LLC Adopted by Council this 18th day of November, 2008. ATTEST: ONSALE,SUN TOBACCO OFF SALE 3.2 ONSALE ONSALE,SUN 3.2 OFFSALE,TOBACCO 3.20FFSALE,TOBACCO ONSALE,SUN WINE ONSALE,SUN ONSALE,SUN WINE W/SB ONSALE,SUN OFFSALE ONSALE,SUN CLUB ONSALE,SUN CLUB, TOBACCO CLUB 3.20FFSALE,TOBACCO TOBACCO ONSALE,SUN OFFSALE, TOBACCO WINE W/SB WINE W/SB ONSALE,SUN,TOBACCO ONSALE,SUN, OFFSALE, TOBACCO Ken Harycki, Mayor Diane F. Ward, City Clerk Memorandum To: From: Date: Mayor and City Council Doug Brady, St. Croix Valley Recreation Center Manager November 14, 2008 Subject: Approval of Proposal for Snow Removal Services at the St. Croix Valley Recreation Parking Lot DISCUSSION Attached is a proposal from Lehmicke Construction, Inc. for the snow removal purposes for the St. Croix Valley Recreation Center parking lot. Lehmicke Construction has been providing this service for a number of years and we have been satisfied with the company's operation and prices. RECOMMENDATION Staff recommends that Council approve Lehmicke Construction, Inc proposal for snow removal services for the St. Croix Valley Recreation Center. ACTION REQUIRED If Council concurs with staff recommendation, Council should pass a motion adopting a resolution approving an agreement for snow removal services. AGREEMENT FORM SNOW REMOVAL SERVICES 2008 - 2009 THIS AGREEMENT, made and entered into this 18th day of November 2008, by and between Lehmicke Construction Inc., 13880 Lynch Road N, Hugo, MN 55038 party of the first part, and the City of Stillwater, a municipal corporation of Washington County, Minnesota, part of the second part: WITNESSETH: The party ofthe first part agrees to provide a Bobcat or equivalent with snowblower, bucket or angle blade for the purpose of sidewalk and trail snow removal and heavy equipment for snow removal on parking lots and upon notification by the City, the party of the first part agrees to perform snow removal services as specified in the proposal of the said party dated September 24,2008 (attached), and in the snow removal specifications dated October 3, 2000, on file in the office of the City Clerk, and made a part hereof by reference the same as if set out here in full, for and in consideration of the sum of listed on the attached bid proposal. Payment to be made within thirty days after a legal claim therefore, is presented. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written and the same shall be equally binding upon each parties and their successors and assigns. LEHMICKE CONSTRUCTION INC BY In the presence of: CITY OF STILLWATER BY Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Lehmicke Construction Inc. 13880 Lynch Road N Hugo, MN 55038 651-351-7440 Estimate Date Estimate # 9/24/2008 2008 - 09 Fax 651-351-0744,/ Name\Address City of Stillwater Diane Ward, City Clerk 216 N 4th St Stillwater, MN 55082 Project Item Description Rate Total Snowplowing 863 Bobcat single axle truck loader 0-4" Snow accumulation 578.00 4-8" Snow accumulation 743,00 I.. 8+" Snow accumulation 880.00 .. Bobcat with 7' blade Unit price per hour-estimated time-l hour 72.00 Bobcat with 5' bucket Unit price per hour-estimated time-l hour 72. 00 LEHMICKE CONSTRUCTION WILL NOT BE RESPONSIBLE FOR ANY SLIP AND FALL ACCIDENTS PLEASE SIGN AND RETURN BY 10/20108. Total $0.00 Signature RESOLUTION 2008-153 APPROVAL AGREEMENT FOR SNOW REMOVAL SERVICES 2008-2009 WHEREAS, Lehmicke Construction Inc. has successfully provided snow removal services in the past, and agrees to provide snow removal services in accordance with the proposal and specs on file in the City Clerk's office; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: . That the Mayor and the City Clerk are hereby authorized and directed to enter into a contract in the name of the City with the Lehmicke Construction Inc. for the plowing of said areas for the contract price aforesaid and in accordance with the proposal and specifications therefore. Motion passed by the Council this 18th of November 2008. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk ~i_twate~ 'HE BIRTHPLACE 0" M'NN[~O!A 'J CITY COUNCIL DATE: November 13, 2008 ITEM: St Croix Boat and Packet Co. Annual dock permit COUNCIL DATE: November 18, 2008 REVIEWERS: City Administrator and Community Development Director PREPARED BY: Michel Pogge, City Planner Ji1-sP BACKGROUND As a condition of approval for the Special Use Permit issued to the St Croix Boat and Packet Co., an annual review is required prior to issuing a Dock Permit by the City. . The Annual Dock Permit for the St. Croix Boat and Packet includes a Wharfage Permit for the Gondola on the St. Croix that uses the public dock for boarding. The City has received no complaints of substance on the operation or maintenance of the dock areas. The St Croix Boat and Packet Co. operate six boats from the docks and provides transient boat dockage to the general public. Their 2008 trip and passenger counts are as follows: St. Croix Boat and Packet Co. Charters Excursions Boats Trips PassenQers Trips Passengers Andiamo Showboat 127 9,543 135 8,086 Avalon 54 16,217 62 15,146 Andiamo 52 1,682 1 53 Jubilee II 55 5,303 69 5,028 Empress Andiamo 47 6,684 73 8,719 Anastasia 147 6,257 14 431 Total 482 45,686 354 37,463 The total passenger count in 2008 of 83,149 is down from the total passenger count of 93,354 in 2007. The gondola booked approximately 1000 passengers in 2008. St Croix Boat and Packet Co. Dock Permit Page 2 The attached 2009 dock permit includes an increase of $50.00 per boat over the 2008. The resulting fee of $1,600 per boat represents a 3.2% increase over 2008. The total fees for 2009 are proposed to be $9,600.00. Overall this is a reduction from 2008 since the Andiamo, which was normally docked at Sunnyside Marina, was sold by Mr. Anderson and will no longer be included in the permit. The 2009 permit covers a total of six boats including 4 charter boats permanently docked in Downtown Stillwater; 1 charter boat that occasionally docks in Downtown Stillwater but normally is docked at the Sunnyside Marina; and one 26' service boat. STAFF RECOMMENDATION Staff recommends approval of the 2009 Dock Permit. Attachments: Proposed 2009 Dock Permit DOCK PERMIT Pursuant to Chapter 48.6 ofthe Stillwater City Code, the Stillwater City Council ("City") hereby grants to the St. Croix Boat and Packet Company ("Company") a Dock Permit upon the following terms and conditions: 1. LOCATION. The Dock may be maintained in the St. Croix River approximately 150 feet south of East Nelson Street, on the parcel owned by the City and located immediately south of the Dock Cafe parcel ofland. 2. OTHER RULES. The company must abide by the rules and regulations and permit conditions of the Corps of Engineers of the United States Army and the Minnesota Department of Natural Resources. Any charter or excursion vessels carrying passengers for hire and using docks must abide by applicable U.S. Coast Guard regulations. 3. NO GAS PUMPS. No gas pump may be located on the dock. 4. NO DISCRIMINATION. The Company may not discriminate against any person on the basis of race, creed, national origin, sex or social status. 5. WATERFRONT REGULATIONS. The Company must abide by all rules and regulations and restrictions set forth in Chapter 48.6 ofthe Stillwater City Code relative to the waterfront. 6. SPECIAL USE PERMIT. The Company must abide by the conditions as set forth in the Special Use Permit (SUP/88-00) issued to Company by the Stillwater City Council, dated July 18,2000. 7. SCHEDULE OF FEES AND REPORT OF ACTIVITY. Upon request of the City, the Company must submit a schedule of fees charged for the general and transient boat docking and a report of summarizing the boating activity for the year. The activity report must state the number of boating trips made each week and the number of passengers carried during the week. 8. INSURANCE. The Company must provide the City with Certificate of Insurance evidencing One Million/Three Million General Liability Coverage of their operation, naming the City as an additional insured under the policies as their interest may appear. 9. PUMP OUT PRIVILEGES. The Company must provide pump-out privileges for marine heads for any boater requesting this privilege at the same rate and fee charged to boats that are moored at the dock for a fee. 10. INSPECTIONS. The City reserves the right to request inspections of heads, electrical systems or other unsafe conditions on or about the dock or any vessel moored thereto. 11. USAGE. The moorage at the dock facilities is limited to four (4) charter and or excursion boats and one (1) service boat not exceeding 26 feet in length. Up to two (2) additional charter and or excursion boats or vessels may dock/moorage at the dock facilities as permitted by the U.S. Army Corp of Engineers and the Minnesota Department of Natural Resources for repairs and/or passenger loading. The Company must accommodate a reasonable number of public "walk on" passengers and Company must also accompany a reasonable number of transient boats. In no event must the number of boats or vessels exceed the moorage limitation contained in the permits issued by the U.S. Army Corp of Engineers and the Minnesota Department of Natural Resources. 12. PERMIT FEE. The annual permit fee is $1,600.00 each for the Avalon (a 675 passenger rear wheeler), Empress Andiamo (a 325 passenger rear wheeler), Andiamo Showboat (a 150 passenger rear wheeler), Jubilee II (a 200 passenger rear wheeler), and the transient and Company boat docks. Additionally the company shall pay an annual permit fee of$I,600.00 for the right to dock, repair at and/or load passengers for the following boats that are normally moored at Sunnyside Marina: the Anastasia (a 75 passenger rear wheeler). The total permit fee for 2009 shall be $9,600. The permit shall also allow a 26-foot service boat. 13. TRANSIENT BOATS. Transient boats are defined as vessels that use the dock as a stopover privilege on a trip that does not originate from the dock. Transient boats must be limited to dock up not more than 24 hours per stay. "Bareboat" charter vessels are considered transient boats if the origination of the trip, including loading of passengers, takes place elsewhere. 14. PARKING. The City reserves the right to request the Company's assistance in assuring that patrons and guests of the Company will park in a designated municipal parking lot. 15. FIRES. No person may build a fire in any area of the docking premises or in any vessel moored at the dock. - 2 - 16. OBSTRUCTIONS. The City does not by granting this permit accept any responsibility for dredging the dock area or making the dock area free from obstructions or other hazards to navigation. 17. STORAGE. The City is not responsible for storage of the docks during the off-season and the Company must abide by any decision of the City with regard to storage. 18. RESERVATION OF RIGHTS. The City reserves the right to add or amend these rules when needed to protect the health, safety and welfare of the City. 19. RIGHT OF ENTRY. The Company agrees to grant the City a right of entry upon any portion of the City property upon which the Company has constructed tenant owned improvements for the purposes of constructing Phase III of the Stillwater Levy Wall project during the year 2009, subject to reimbursement to Company of any expenses associated with moving tenant owned improvements that are lawfully due to Company and under the Federal Relocation Standards Act. 20. DURATION. The duration of this permit is from January 1, 2009 through December 31, 2009. 21. TERMINATION. This permit may be terminated by the City at anytime it is deemed necessary for the . protection of the public safety, health or welfare or for a violation of any conditions of this permit. , 2008. CITY OF STILL WATER Dated this of By: Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk - 3 - APPROVAL OF DOCK PERMIT FOR ST. CROIX BOAT AND PACKET BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the 2009 Dock Permit for St. Croix Boat and Packet, as on file with the City Clerk, is hereby approved, and the Mayor and City Clerk are hereby authorized to sign said 2009 Dock Permit. Adopted by Council this 18th day of November, 2008. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk r ~i I (water .... - - ~---~ --- " THE BIA1'HPl.ACf. Of. MiNNF..SOTA J City Council DATE: ~ovember13,2008 ITEM: 2008 St. Croix Valley Recreation Center and Lily Lake Arena Management Agreement CITY COUNCIL DATE: ~ovember18,2008 PREPARED BY: Michel Pogge, City Planner tM){J DISCUSSION Accompanying this memo is the proposed agreement between the City of Stillwater and St. Croix Caterers for the management of the St. Croix Valley Recreation Center and Lily Lake Arena for the calendar year 2008. The agreement is identical to last year's agreement. The management fees have not changed and remain as: 5% of the gross. revenues not to exceed $35,000. In staff's opinion, St. Croix Caterers provide an excellent management service for the facilities. The results of operations continue to exceed expectations and provides for increased funding for debt service. Since there is basically no change in the contract and the service continues to exceed expectation, staff recommends the renewal of the Agreement. STAFF RECOMMENDATION That the City Council approve the recreation facilities management agreement between the City of Stillwater and St. Croix Caterers for the calendar year 2009. APPROVAL OF ST. CROIX VALLEY RECREATION CENTER AND LILY LAKE ARENA MANAGEMENT AGREEMENT BE IT RESOLVED by the City Council of Stillwater, MN that the contract between the City of Stillwater and St. Croix Caterers, Inc. for management of the St. Croix Valley Recreation Center and Lake Arena for 2009, as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign said agreement. Adopted by Council this 18th day of November, 2008. ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk ST. CROIX VALLEY RECREATION CENTER AND LILY LAKE ARENA MANAGEMENT AGREEMENT This Management Agreement ("Agreement") is made this~day Of~, 2008, between the CITY OF STILLWATER, a Minnesota Municipal Corporation (the "City"), and HOME RULE CITY OF THE THIRD CLASS with offices at 216 N. 4th Street, Stillwater, MN 55082, and ST. CROIX CATERERS, INC., a Minnesota Corporation, with offices at 301 S. Second Street, Stillwater, MN 55082 ("St. Croix"). WITNESSETH The City is the owner of Lily Lake Ice Arena ("Lily Lake") and the St. Croix Recreation Center, 1675 Market Drive, Stillwater, Minnesota, which features two (2) indoor ice rinks, and a multipurpose domed field house (collectively, the "Facilities"). St. Croix is in the business of managing and marketing ice rinks and sports and entertainment facilities. St. Croix has the knowledge and expertise to manage and market the Facilities. NOW, THERE FORET in consideration of mutual promises and other consideration the parties agree as follows: ARTICLE I OPERATING CONDITIONS Section 1. Term. Commencing January 1, 2009 and continuing until December 31, 2009, St. Croix will provide the City with the services set forth in this Article. Notwithstanding the foregoing, the City will have a right to terminate this Agreement, for its convenience, upon not less than sixty (60) days prior written notice to St. Croix. In this event the City must pay to St. Croix all amounts owing to St. Croix and accrued through the date of termination, it being understood that the purpose of this termination right is to comply with so-called "safe harbor" guidelines for management contracts under Section 1301(e) of the Tax Reform Act of 1986. Section 2. ResDonsibilities. 2.01 St. Croix's Responsibilities: a. Marketina and Promotion. St. Croix must perform all marketing activities, which will be undertaken to maximize the use of the Facilities by all persons, provide maximum revenue, as defined in Paragraph 2.01 (n) below. St. Croix will conduct a promotional campaign for the Facilities in accordance with a plan for promotion, which must be prepared and submitted, to the City for approval within forty-five (45) days after the date of the agreement. b. Scheduling. St. Croix must develop and maintain all schedules for events held at the Facility and scheduling must be accomplished in accordance with a rate schedule and facility use policy established by City policy, applicable law, and Page 1 of 11 in a manner to maximize the use of the Facilities so as to provide maximum Revenue, for the City. c. Concessions. St. Croix will provide concession services at the Facilities for the sale, through manual service, vending machines and other methods (collectively, "Concessions"). d. Maintenance. St. Croix must perform all minor maintenance of the Facilities; provided that the responsibilities are limited to ordinary and routine maintenance. e. Custodial and Cleanina Services. St. Croix must provide all routine cleaning and janitorial services at the Facilities. f. Pest Control. St. Croix must perform all necessary pest control services, whether performed by St. Croix or a pest control service engaged by St. Croix. g. Snow Removal. St. Croix must perform all snow removal services on the pathways and sidewalks adjacent to the Facilities. h. Trash Removal. St. Croix is responsible for removal of all trash from the Facilities and agrees that it will not permit any employee, to place refuse outside the buildings on the Facility, except in designated Dumpsters, the location of which must be approved by the city. i. Operational Services. St. Croix will direct all services required to stage (set up and take down) the Facilities for each event including, but not limited to, loading in and loading out the ice rink, dasher boards, the soccer floor and other sports event setups. St. Croix must hire and manage all management staff, ticket sales personnel, ushers and other personnel required for the operation of the Facility, including, but not limited to, ticket taking, program distribution and assistance to patrons general, including the handicapped. j. Ticket Sales. St. Croix must perform all aspects of ticket sales for events and activities including computerized tickets. Ticket sales services will include ordering, selling and accounting for tickets, reporting ticket revenues for a given event for each user of the Facility, cash and credit card processing, complete auditing and accounting for each event. k. Securitv. St. Croix must arrange for proper security for events at the Facility and for general security when events are not in progress. The security may be provided by St. Croix or by contract, in its discretion. St. Croix must review exterior crowd management and traffic control with the Stillwater Police. I. Licenses and Permits. St. Croix must obtain and maintain, on behalf of the City, all licenses and permits necessary for management and operation of the Facilities. m. Separate Fund Established. On or before the effective date of this Agreement, the City will establish separate funds, separate from any other City funds which will be the exclusive use of all receipts and disbursements related to this Agreement ("Sports Facilities Fund"). Page 2 of 11 n. Collection of Revenues. St. Croix will be responsible for the collection of all revenue. "Revenue" is defined as the total amount received by St. Croix or any other person or entity operating on St. Croix's behalf from third parties, directly or indirectly arising out or the connected with and on behalf of the facility, including without limitation rental fees, use fees, concession sales, transactions for cash, less applicable taxes and except for contributions, interest earnings or other Revenues that may be collected by the City from time to time. All Revenues generated by the use of the Facilities and collected by St. Croix will be deposited by St. Croix in a designated depository within twenty-four (24) hours of receipt. The City will also deposit any Revenues it may collect from time to time related to the Facilities in the appropriate depository. The City is authorized at any time to obtain information and records from St. Croix concerning proof of payment and verify and inspect any records. o. Disbursements. The City will make disbursements from the Sports Facilities Fund to pay budgeted operating expenses. Any authorized expense incurred by the City or by St. Croix must be disbursed by the City from the Fund. St. Croix must use a purchasing system approved by the City and similar to the purchasing system established for other City funds. p. Meetinas. St. Croix must, upon ten (10) days written notice, attend meetings held by the City of Stillwater Parks and Recreation Commission for the purpose of providing reports on the operations of the Facilities and/or to discuss issues or problems concerning the operations of the Facilities. Attendance at meetings held by the City Council will also be required, upon ten (10) days written notice, for discussion of issues or problems that may require such meetings. 2.02 City's Responsibilities: a. Dperatina Hours. Determine the operating hours and rate schedule of the Facilities and its various components in consultation with St. Croix. b. Trash Removal. Haul trash from the site, provided trash is placed in dumpsters provided by the City. c. Snow Removal. Plow snow from parking lot areas to be used by visitors to the Facilities and St. Croix staff. d. Maintenance. Maintain all outdoor areas of the Facilities unless specifically listed as a St. Croix responsibility. e. Marketina. Assist St. Croix when possible in its promotion and marketing efforts. f. Fee Approval. Approve all fees to be charged by St. Croix, including "mark- up" for resale items such as sports equipment and food and beverages. g. Bond Payments. Make all debt service payments in connection with the Tax exempt Revenue Bonds used to construct the project and all related accounting and legal services associated with this bond issuance. It is understood that the debt service payments are to be made from Revenues generated by the Facilities, to the extent available. Page 3 of 11 h. Budaet. Approve and/or amend the annual budget and work program as specified in Section 3.01. Section 3. Budaet and Revenue ReDorts. 3.01 The City, in consultation with St. Croix, will develop an estimated Revenue and Expense Budget for the period beginning January 1,2009 and ending December 31,2009. The budget will become a part of this Agreement and will be attached as Exhibits "A", liB" and "C". The budget will be used as a tool for the effective management of the Facilities and for evaluating the results of operations. The City and St. Croix will use their best efforts to ensure the effective management of Revenues and expenses related to the Facilities. 3.02 The proposed budget must be reviewed by St. Croix within thirty (30) days after submission. Upon approval by St. Croix, which approval will not be unreasonably withheld, the proposed annual budget will become the final budget for the period until December 31,2009. 3.03 St. Croix and the City may revise the Budget at any time by mutual written agreement. 3.04 Within fifteen (15) days after the end of each calendar month and within forty-five (45) days after the end of the Contract Year, St. Croix must deliver to the City a true and correct statement certified as true and correct by an officer of St. Croix, of all Revenues of the preceding calendar month and Contract Year, as the case may be, together with any reasonable supporting documentation requested by the City. 3.05 St. Croix must deliver to the City on a daily basis a copy of the deposit made for that day and a revenue report by type of Revenue, including dollar amount and purchaser that reconciles to the daily deposit. Revenue reports for Saturday and Sunday deposits will be delivered to the City on the next business day. Section 4. The Manaaement Fee. Additional Fees. 4.01 St. Croix will be paid a fee equal to five percent (5%) of the gross revenues ("Management Fee") , not to exceed a total fee of thirty-five thousand and no/100 dollars ($35,000.00) for providing management services. The fee will be paid as follows: The fees will be paid at the rate of two thousand nine hundred sixteen and no/100 dollars ($2,916.00) per month thereafter to the end of the Agreement. The final payment will be adjusted, if necessary, so that the total fees do not exceed the lessor of five percent (5%) of the gross revenues or thirty-five thousand and no/100 dollars ($35,000.00). If after the adjustment the fees paid to St. Croix exceed five percent (5%) of the gross revenues or thirty-five thousand and no/100 dollars ($35,000.00), St. Croix must rebate to the City the amount overpaid. St. Croix will pay any rebate due to the City no later than thirty (30) days after the expiration of this Agreement. In the event of underpayment, any amount due to St. Croix will be paid no later than thirty (30) days after the expiration of this agreement. Page 4 of 11 4.02 The Management Fee is based upon an evaluation of the responsibilities of each party under existing circumstances. In the event of a substantial change in responsibilities based upon changed circumstances, the parties agree to meet and confer with regard to a modification of the Management Fee that is commensurate with the changed responsibilities. Section 5. Pavment of Manaaement Fees Personal Services and Ooeratina Exoenses. 5.01 From the Sports Facility Fund, the City will pay the Management Fee on the first business day of each month for the preceding month and will pay the Personal Services Expenses, as defined in attached Exhibit B as developed pursuant to Paragraph 3.01 above, as they are incurred in the ordinary course of business and within twenty (20) days after receipt of a Personal Service Expense invoice from St. Croix. That portion of the Operating Expenses that will remain the responsibility of the City and will be paid directly by the City are defined on Exhibit C as developed pursuant to Paragraph 3.01 above. 5.02 In the event that the Sports Facility Fund is insufficient to cover the Operating Expenses and the Management Fee due and payable during a month, the Deficiency will be paid by the City. 5.03 Representatives of St. Croix's management and the City must meet not later than the twentieth (20th) day of each calendar month to review revenues and operating expenses for the prior calendar month. Section 6. Ooerations. 6.01 St. Croix will cause the Concessions to be operated and conducted so that all persons who patronize the Facility will always be promptly and satisfactorily served. All foods and beverages sold must always be of the highest standard of quality and purity, must be stored and handled at all times consistent with excellent standards of sanitation, preservation and purity, must always be well prepared and satisfactorily served and must always conform to the requirements of all applicable federal, state and municipal laws, statutes, ordinances and regulation. No imitation, adulterated or misbranded commodities may be stored, displayed or sold by St. Croix or any employees or contractors. 6.02 The City and St. Croix acknowledge that it is not always feasible to operate all the Concessions on a daily basis. Periodically, the City and St. Croix will confer in an effort to agree upon the nature and scope of operation, which is consistent with their respective interests. St. Croix will provide reasonable and adequate service consistent with the activities at the location for each event. ARTICLE II CONCESSIONS Section 7. Caoitallmorovements EauiDment ReDair and Maintenance. 7.01 It may be desirable to consider additional capital improvements ("Additional Capitallmprovementsll) and the purchase of additional Page 5 of 11 equipment ("Additional Equipment") for the Premises. At any time St. Croix or the City may request a meeting to confer to consider the advisability of any Additional Capital Improvements and Additional Equipment. No purchases of Additional Capital Improvements or Additional Equipment may be undertaken without the prior written agreement of the City. 7.02 St. Croix must maintain and repair the Equipment, the Additional Equipment, and replacements thereof, the Additional Capital Improvements and replacements thereof in accordance with the Budget and all manufacturers' warranty and preventive maintenance requirements, and the cost thereof. 7.03 The City, at its expense and not as an Operating Expense, must replace all Equipment, Additional Equipment, Additional Capital Improvements, and replacements, using prudent business judgment giving due effect to the nature, age, obsolescence and imminent obsolescence of such assets. 7.04 St. Croix will be responsible for the ordinary housekeeping and cleaning of the Facility and the Equipment, Additional Equipment and Additional Capital Improvements. ARTICLE III GENERAL TERMS AND CONDITIONS Section 8. Representation of the City. The City represents and warrants to St. Croix as an inducement to St. Croix entering into this Agreement, that it is the City's intent that the Facility will be permitted to be open to the paying public in a manner consistent with industry practices. Section 9. Standard of Operation. St. Croix represents and warrants to the City that it will maintain an efficient and high quality operation at the Facility comparable to other locations containing facilities similar to those of the Facilities. Section 10. Accounting Records. Reports and Practices. 10.01 St. Croix must maintain accounting records relating to the Facilities using accounting practices in accordance with generally accepted accounting principles consistently applied. 10.02 St. Croix must establish internal financial control policies and practices which are in accordance with generally accepted standards in the industry and reasonably acceptable to the City. 10.03 The City will have unlimited access to all accounting records and supporting documentation of St. Croix relating to the Facility during the term of this Agreement and for a period of three (3) years thereafter. The right to access will be exercised in a reasonable manner. Section 11. Default. Right to Cure. Consent to Jurisdiction and Waiver of JUry Trial. 11.01 It will bean event of default ("Event of Default") hereunder if either party hereto: Page 6 of 11 a. Fails to payor deposit sums due by one party to the other within seven (7) days after written notice by the other of such failure, or b. Fails to perform or comply with any other obligation of such party hereunder within thirty (30) days after written notice by the other of such failure (which notice will specify, in sufficient detail, the specific circumstances so as to give the defaulting party adequate notice and the opportunity to cure the same); provided however, that if the default is of a nature that it cannot be cured within thirty (30) days, then the defaulting party will not be deemed in default hereunder if it commences to cure the default within ten (10) days after the effective date of the notice of such default and diligently process to cure such default within ninety (90) days after the effective date of notice. 11.02 The parties agree that it is in their best interests to resolve any disputes or defaults, and, accordingly, agree, that prior to the exercise of any remedy granted hereunder, at law or in equity, upon an Event of Default, the parties will, in good faith, consider alternative dispute resolution procedures, including, without limitation, arbitration and mediation. The party who wishes to exercise its remedies will notify the other party thereof, which notice will specify the alternative dispute resolution mechanism that the exercising party wishes to employ (the "Exercise Notice"). The parties will attempt in good faith to resolve the default by the alternative dispute resolution mechanism to which they agree, (including, without limitation, the binding nature of any such alternative dispute resolution proceeding); provided however that if no such resolution has been achieved within ninety (90) days after the effective date of the Exercise Notice, the exercising party may proceed to exercise its other remedies, including, without limitation, termination of this Agreement. 11.03 The parties and each of them hereby irrevocably submits to the jurisdiction of Washington County Minnesota District Court over any action or proceeding arising out of or relating to this Agreement any other document evidencing the transaction contemplated by this Agreement. Section 12. Insurance. 12.01 In connection with the employment of its employees, St. Croix will pay all applicable social security, re-employment, workers' compensation or other employment taxes or contributions of insurance, and will comply with all federal and state laws and regulations relating to employment generally, minimum wages, social security, re-employment insurance and worker's compensation. St. Croix will indemnify and hold harmless the City from all costs, expenses, claims or damages resulting from any failure of St. Croix to comply with this Section 12.01. . 12.02 The City will procure and maintain a General Comprehensive Liability policy covering operations of the City at the facility and will name St. Croix as an additional insured on this policy with a combined single limit of the City's legal tort liability Limit as set by the Statutes of Minnesota. Page 7 of 11 12.03 City must procure all Risk Property Insurance for the completed value of the Facility to cover the Facility including St. Croix's use, occupancy and operation of the Facility against the perils of fire and other perils normally covered by an All Risk policy. The City must be named insured on the property insurance. The City and St. Croix agree to waive all rights against each other, and each other's subsidiaries, affiliates, agents and employees, for damages covered by the property in.surance. Section 13.lndemnitv. St. Croix agrees to indemnify, hold harmless, protect, and defend City or City's agents, representatives and any affiliated or related entities against any and all claims, loss, liability, damages, costs and expenses, including reasonable attorney's fees, that are alleged to have occurred as a result of or due to the breach of contract, negligence or willful misconduct of St. Croix, its agents, consultants, subcontractors, employees or representative, to the extent that such claim, loss, liability, damage, cost or expense is alleged to have been caused by St. Croix, its agents, consultants, subcontractors, employees or representative. St. Croix hereby waives any claims it may, now or in the future, have against City, which claims are or should have been covered by the insurance specified in this Agreement. By this indemnity, which is not intended to be the procurement of insurance, the City in no way knowingly or intentionally waives its "maximum liability" as specified in Minn. Stat. ~466.04. Section 14. Damaae to and Destruction of the Location. If all or part of the Location is rendered untenantable by damage from fire and other casualty which, in the reasonable opinion of the City, a. Can be substantially repaired under applicable laws and governmental regulations within three hundred sixty-five (365) days from the date of such casualty (employing normal construction methods without overtime or other premium), the City will forthwith at its own expense repair damage other than damage to its improvements, furniture, chattels or trade fixtures. During the period during which the Facility or any part thereof remains untenantable until the Facility resumes full operation. i. The Management Fee must be reduced accordingly, and St. Croix and the City must jointly decide on an operating budget for the duration of the repair period and jointly determine . whether to retain personnel during the repair period, and ii. Subject to applicable law, the term of the Agreement will be extended by the amount of time in which the Facilities are closed to the general public due to the damage. b. Cannot be substantially repaired under applicable laws and governmental regulations with three hundred sixty-five (365) days from the date of such casualty (employing normal construction methods without overtime or other premium), then the City must notify St. Croix thereof. In such case, either the City or St. Croix may elect to terminate this Agreement as of the date of the casualty by written notice delivered to the other. Page 8 of 11 Section 15. EmDlovees. 15.01 All persons engaged at the Facility in operating any of the services hereunder are the sole and exclusive employees of St. Croix and must be paid by'St. Croix. In connection with the employment of its employees, St. Croix will pay all applicable social security, reemployment insurance, workers' compensation or other employment taxes or contributions to insurance plans, and retirement benefits, and must comply with all federal and state laws and regulations relating to employment generally; minimum wages, social security, re-employment insurance and worker's compensation, and will defend, indemnify and save the 'City harmless from any responsibility therefore. St. Croix must comply with all applicable laws, ordinances and regulations including, without limitation, those pertaining to human rights and nondiscrimination set forth in Minn. Stat. ~ 181.59, Minn. Stat. Ch 363 and the Stillwater City Code as the same may be amended from time to time, all of which are incorporated herein by reference. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be canceled or terminated by the City for a violation of this paragraph, in addition to the penalty provisions which may be invoked by the City pursuant to the above cited statutes and ordinances. 15.02 St. Croix will employ trained and neatly dressed employees and the employees must conduct themselves at all times in a proper and respectful manner. Any dismissal must be in accordance with applicable federal, state or local laws which may be in effect, and St. Croix will defend, indemnify and save the City harmless from any claim, cause of action, expense (including attorneys' fees), loss, cost or damage of any kind or nature arising there from, except in the case of express written direction from the City. Section 16. Nonwaiver. The failure of either party at any time to enforce a provision of this Agreement will in no way constitute a waiver of the provision, nor in any way affect the validity of this Agreement or any part hereof, or the right of the party thereafter to enforce each and every provision hereof. Section 17. Amendment. The parties may amend this Agreement only by written agreement executed by the parties. Section 18. Choice of Law. The laws of the State of Minnesota will govern the rights and obligations of the parties under this Agreement. Section 19. Severabilitv. Any provision of this Agreement decreed invalid by a court competent jurisdiction will not invalidate the remaining provisions of this Agreement. Section 20. Notices. 20.01 Any notice required herein will be in writing and will be deemed effective and received (a) upon personal delivery; (b) five (5) days after deposit in the United States mail, certified mail, return receipt Page 9 of 11 4 ,," .. requested, postage prepaid; or (c) one (1) business day after deposit with a national overnight air courier, fees prepaid, to St. Croix or City at the following addresses: If sent to the City: City AdministratorlTreasurer City of Stillwater 216 North 4th Street Stillwater, MN 55082 If sent to St. Croix: Richard Anderson St. Croix Catering, Inc. 301 South Second Street Stillwater, MN 55082 20.02 The City's representative to St. Croix in connection with Facility operations will be the City Administrator or a person named by the City and Consultant shall designate the St. Croix On-site Manager. Either party may designate an additional or another representative or address for notices upon giving notice to the other party pursuant to this paragraph. For the purposes of this Agreement, "business day" will mean a day which is not a Saturday, a Sunday or a legal holiday of the United States of America. Section 21. Force Maieure. 21.01 Neither party will be obligated to perform hereunder, and neither will be deemed to be in default, if performance is prevented by fire, earthquake, flood, act of God, riot, civil commotion or other matter or condition of like nature, including the unavailability of sufficient fuel or energy to operate the Location, or any law, ordinance, rule, regulation or order of any public or military authority stemming from the existence of economic controls, riot, hostilities, war or governmental law and regulations. 21.02 In the event of a labor dispute which results in a strike, picket or boycott affecting the Facility or the services described in the Agreement, St. Croix will not be deemed to be in default or to have breached any part of this Agreement. 21.03 Notwithstanding any other provision of this Agreement, in the event that the State of Minnesota changes or terminates the statutory authority of the City for building, operating and maintaining the Facilities, and the changes make this Agreement impractical or unlawful to carry out, the City has the right to terminate this Agreement. Section 22. Inteoration. This Agreement and all appendices and amendments hereto embody the entire agreement of the parties relating to the services to be provided hereunder. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement will supersede all previous communications, representationsT or agreements, either oral or written, between the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. Page 10 of 11 , CITY OF STILLWATER a Minnesota Municipal Corporation Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk CROIX CATERERS, INC. ~~~ ~ Richard Anderson, President .-J STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON ) On this day of , 2008, before me, a Notary Public within and for said County, appeared Ken Harycki and Diane F. Ward, to me personally known, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed on behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public STATE OF MINNESOTA ) )ss COUNTY OF WASHINGTON ) On this day of , 2008, before me, a Notary Public within and for said County, appeared Richard Anderson, to me personally known, who, being duly sworn, did say that he is the President of St. Croix Caterers, Inc. and that this instrument was signed as the free act and deed of the corporation. NANCY A ROELOFS Notary Public.State of Minnesota My COmmission Expires JanUary 31.2012 VL~ RDu,,/rd Notary Public - Page 11 of 11 MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Pirector of Public Works '?~. DATE: November 4,2008 SUBJECT: East Water Resource Education Program DISCUSSION: Since 2007, the City has been a member of the East Metro Water Resource Education Program. This program, through the Washington Conservation District, educates citizens in the east metro area about water resource, stormwater and groundwater management in order to improve water quality. Being a part of this program helps the City meet the requirements off the first two components of its Municipal Separate Storm Sewer System (MS4) Permit for public outreach! education and participation. There are seventeen other agencies in Washington County who are members, ranging from cities to watershed districts, who each contribute to the program to cover the annual budget. The current agreement expires in May 2009, and attached is a new agreement that would run through 2012. The City's contribution would be $2000.00 beginning in 2009 and would increase 3.5% for the following three years. The City funds this program through the storm water utility. RECOMMENDATION Since the East Metro Water Resource Education Program provides education in the area of storm water management and water quality improvements to our citizens and it aids the City in meeting its requirement for it MS4 permit, it is recommended that the city continue its membership East Metro Water Resource Education Program. ACTION REQUIRED If Council agrees with the recommendation they should pass a motion approving the AGREEMENT BETWEEN W ASIDNGTON CONSERVATION DISTRICT AND THE MEMBERS OF THE 2009-2012 EAST METRO WATER RESOURCE EDUCATION PROGRAM . Contract Number: 09-EMWREP AGREEMENT BETWEEN WASHINGTON CONSERVATION DISTRICT AND MEMBERS OF THE 2009-2012 EAST METRO WATER RESOURCE EDUCATION PROGRAM A. PARTIES This Agreement is made and entered into by Washington Conservation District, hereinafter referred to as HOST, and members of the East Metro Water Resource Education PrograDl, hereinafter referred to individually as a PARTNER. A PARTNER is defined as an entity that executes this agreement. Eligible PARTNERS include watershed organizations and municipalities partially or wholly within Washington County. B. PURPOSE WHEREAS, the PARTNER has a common objective of educating the citizens of the Twin Cities east metro area about water resource, stormwater, and groundwater management in order to improve water quality; and WHEREAS, the PARTNER has identified a need for education assistance; and WHEREAS, 9 watershed organizations in Washington County have education components in their respective watershed management plans; and WHEREAS, 23 communities, including multiple watersheds and the County, in Washington County are required to obtain a Municipal Separate Storm Sewer System (MS4) Permit from the Minnesota Pollution Control Agency (MPCA), which requires nonpoint source pollution education; and WHEREAS, the PARTNER agrees it is in their best interest to define their respective responsibilities and obligations; and WHEREAS, the PARTNER agrees that collaborative efforts are needed to more effectively and efficiently deliver water resource education and meet MS4 permit education requirements; and WHEREAS, the PARTNER requests assistance from the HOST to implement the policies specified in MINN. STAT. ~~ 103A.206; and WHEREAS, the HOST is authorized to enter agreements to provide such assistance pursuant to MINN. STAT. ~~ 103C.331, SUBD. 3 and 7. NOW, THEREFORE, the PARTNER agrees as follows: C. TERM OF CONTRACT The term of this agreement shall be from May 1, 2009 to. December 31, 2012 unless extended or terminated earlier as provided herein. D. MEMBERSHIP STRUCTURE In accordance to the program. goals of collaboration and partnership, entities may become a PARTNER by signing the Signature Page at the end of this Agreement. A newP ARTNER shall apply to the HOST and sign a separate contract and their signature page shall be attached to the original document. The HOST will coordinate with each PARTNER, update the project budget, and distribute it to each PARTNER. 2009-2012. Share Water Resource Education Program Agreement Each PARTNER will assign a member to the Steering Committee of the East Metro Water Resource Education Program. This Committee will assist the Shared Water Resource Educator and HOST to prepare the Annual W orkplan, Annual Budget, and Annual Report. A Membership Summary will be included in the Annual Report prepared ~ythe HOST. E. SCOPE OF SERVICES The HOST will perform for the PARTNER the services and furnish and deliver work products generally described in Exhibit A, attached and made part of this agreement. PARTNER-specific services will be defined in the Annual Workplan noted in Exhibit A. The targeted PARTNER-specific services will be approximately 15% of the total annual workplan. Eighty-five (85) percent of the total annual workplan will be committed to shared, multi-jurisdictional benefit educational activities. F. COST In full consideration for services under this agreement, the PARTNER shall provide their portion of the annual costs to the HOST in accordance with their executed Signature Page at the end of this Agreement. The total annual budget for the program is shown in Exhibit B with contributions outlined in Paragraph G. If PARTNER Contributions are below the Total Budget, educational material expenses will not be incurred. In the case that overall funding contributions from all of the PARTNERS exceeds the budget in Exhibit B by less than 20%, the excess contributions will be used to fund additional educational materials or support staff. Once the revised overall funding contribution from all of the PARTNERS exceeds the budget in Exhibit B by 20%, the PARTNERS have the option of having their proportional amount of the excess budget returned or can direct the funds to be used forEMWREP activities. G. FUNDING STRUCTURE Each PARTNER is suggested to contribute annually in accordance with the following funding structure: County: $IO.OOO/year Small Watershed Districts (Taxable Market Value < $1 Billion): $10.000/year Medium Watershed Districts (TMV $1-5 Billion): $15.000/year Large Watershed Districts (TMV >$5 Billion): $20,OOO/year Watershed Management Organizations: $5.000/year Watershed Districts with existing educational staff: $2,OOO/year Large MS4 Cities: $2,ooO/year (population> 5,000) Small MS4 Cities: $500/year (population < 5,000) In-kind matches from existing educational staff from within partner organizations are also encouraged. The WCD shall provide $10.000 of in-kind match to the program per year. As shown in Exhibit B, PARTNER contributions will increase by 3.5% per year to account for inflation. B. PAYMENTS. 1. The services in Exhibit A provided by the HOST will be billed in accordance to Exhibit B. Invoices will be sent on a quarterly basis and will summarize the work performed. Invoices are payable within 60 days. 2. Office supplies, in-house reproduction expenses, and transportation are included in the overhead noted above. Out source reproduction, special bulk mailings and other direct costs beyond the actual current budget (the combined contributions of each PARTNER) noted in Paragraph F are to be reimbursed at actual cost with prior approval from the PARTNERs. 2009-2012 Share Water Resource Education Program Agreement I. EQUAL EMPLOYMENT OPPORTUNITY- CIVIL RIGHTS During.the performance of this Agreement, the HOST agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance, criminal record, creed or national origin, be excluded from full employment rights in, be denied the benefits of, or be otherwise subjected to discrimination under any program, service, or activity under the provisions of and all applicable federal and state laws against discrimination including the Civil Rights Act of 1964. J. STANDARDS The HOST shall comply with all applicable Federal and State statutes and regulations as well as local ordinances now in effect or hereafter adopted. Failure to meet the requirements of the above may be cause for cancellation of this contract effective the date of receipt of the Notice of Cancellation. K. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purpose in the course of the HOST's performance of the Agreement is governed by the Minnesota Government Data Practices Act, Minnesota 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. The HOST agrees to abide by these statutes, roles and regulations and as they may be amended. L. AUDITS, REPORTS, AND MONITORING PROCEDURES The HOST will: 1. Maintain records that reflect all revenues, cost incurred and services provided in the performance of the Agreement. 2. Agree that the County, the State Auditor, or legislative authority, or any of their duly authorized representatives at any time during normal business hours, and as often as they may deem reasonably necessary, shall have access to the rights to examine audit, excerpt, and transcribe any books, documents, papers, records, etc., and accounting procedures and practices of the HOST which are relevant to the contract. The annual audit conducted for the Washington Conservation District that includes EMWREP activities. M. INDEMNITY The HOST and PARTNER mutually agrees, to the fullest extent permitted by law, to indemnify and hold each other harmless for any and all damages; liability or cost (including reasonable attorneys' fees and costs of defense) arising from their own negligent acts, errors or omissions in the performance of their services under this agreement, to the extent each party is responsible for such damages and losses on a comparative basis of fault. The PARTNER agrees to provide proof of contractual liability insurance upon request. This paragraph does not diminish with respect to any third party, any defense, immunity, or liability limit that the HOST or PARTNER may enjoy under the law. N. INDEPENDENT CONTRACTOR It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the HOST as the agent, representative, or employee of PARTNER organization for any purpose or in any manner whatsoever. The 2009-2012 Share Water Resource Education Program Agreement HOST is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The HOST represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of the HOST or other person, while engaged in the performance of any work or services required by the HOST under this Agreement, shall have no contractual relationship with the PARTNER and shall not be considered employees of the PARTNER. O. MODIFICATIONS Any material alteration or variation shall be reduced to writing as an amendment and signed by the parties. Any alteration, modification, or variation deemed not to be material by written agreement of the HOST and the PARTNER shall not require written approval. Contract extensions will be handled in this manner. P. MERGER It is. understood and agreed that the entire agreement of the parties is contained here, except as modified during the term of the Agreement by a writing under Paragraph 0 above concerning a non-material change, and that this contract supersedes oral agreements and negotiations between the parties relating to this subj~t matter. All items referred to in this contract are incorporated or attached and deemed to be part of the contract. Q. TERMINATION This agreement shall commence when executed by all parties and shall continue until terminated. This agreement shall terminate immediately upon completion of the activities enumerated herein and the program duration expires. Any party to this agreement may withdraw participation with ninety days written notice prior to the annual anniversary for this Agreement (January 1 of each year). Termination by any one PARTNER shall not constitute the termination of this agreement in whole and pro-rated contributions will be returned to the terminated PARTNER. Termination by the HOST will constitute termination of this agreement in whole and pro-rated contributions will be returned to each PARTNER. R. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All property of the HOST or PARTNER used, acquired or created in the performance of work under this Agreement, including documents and records of any kind, shall remain the property of the HOST and PARTNER. The HOST and PARTNERS shall have shared rights to use, sell, license, publish, or otherwise disseminate any product developed in whole or in part during the performance of work under this Agreement. Durable goods purchased by the HOST, such as office equipment and computers, shall remain the property of the HOST. 2009-2012 Share Water Resource Education Program Agreement CONTRACT BETWEEN WASHINGTON CONSERVATION DISTRICT AND MEMBERS OF THE EAST METRO WATER RESOURCE EDUCATION-PROGRAM HOST: Washington Conservation District PARTNER: City of Stillwater Annual Contribution Amount: 52,000 (with 3.5% annual increase beginning in 2010) Term: May 1, 2009 to December 31, 2012 IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. APPROVED: PARTNER HOST BY: BY:~~&.i" 4.tu/~ Itl-9-6J8 BOMd. &e Title BY: Title Approval as to form and execution: Date 2009-2012 Share Water Resource Education Program Agreement EXHIBIT A SCOPE OF SERVICES EAST METRO WATER RESOURCE EDUCATION PROGRAM HOST responsibilities: 1. Hire, employ and supervise the Water Resource Educator/s that will successfully serve the education needs as prescribed herein. 2. Obtain fmancial reimbursement from each PARTNER as prescribed in this agreement. 3. Work in good faith to achieve the goals identified in this agreement. 4. Maintain a strict accounting of all financial transactions. 5. Develop and disseminate annual summaries of accomplishments and budgetary analysis to partners of the East Metro Water Resource Education Program. 6. Provide office space. office furniture, computer. transportation. and phone. Equipment purchased by the HOST will remain the property of the HOST following the term. of this agreement. PARTNER responsibilities: 1. Provide a single representative to the Steering Committee of the East Metro Water Resource Education Program. This person shall actively participate in the Steering Committee and assist in employee selection, Annual W orkplan Development. and other tasks as needed. 2. Provide funds for the East Metro Water Resource Education Program described herein. 3. Provide appropriate and timely feedback to the HOST manager regarding the performance of the Water Resource Educator/s. 4. Share equipment. staff, and educational resources to facilitate Education Program planning and implementation. 5. As initiated by the HOST, discuss the progress of the Water Resource Educator/s and agree to take any action that is appropriate to ensure the successful fulfi11men~ ofproject objectives. 6. Work with the Water Resource Educator/s to ensure that services are being used to address high priorities at the local level. Water Resource Educator/s responsibilities: 1. Prepare. coordinate, and revise East Metro Water Resource Education Program Plan annually with the Steering Committee of the East Metro Water Resource Education Program. 2. Review and advise watershed district PARTNERS annually on educational aspects of their watershed district plans. 3. Develop annual plan of work with the Steering Committee of the East Metro Water Resource Education Program. Workplan will reference Washington County MS4 education programs and watershed district PARTNERS education plans. 4. Implement annual work plan, including planning. implementing, evaluating, and reporting on such anticipated activities as presentations, workshops. in-field training, demonstration projects, and published materials. S. Pursue grants. and other funding sources to enhance the East Metro Water Resource Education Program. 6. Coordinate with "Watershed Partners" and other entities conducting water resource education efforts to minimi7.e overlap and maximize effectiveness. 7. Main..tain educational information for web-based East Metro Water Resource Education Program. 8. Presents papers as appropriate at professional meetings within Minnesota. 9. Prepare annual education report (which meets MS4 requirements) and conduct shared MS4 annual meetings for participating East Metro Water Resource Education Program members 2009-2012 Share Water Resource Education Program Agreement .. EXHIBIT B BUDGET Shared Water Resource Educator Position - Washington Conservation District Estimate Hourly Rate Yearly Salary (I) Benefits (25%) Subtotal (2) Overhead (40%) (3) Total Appx. 2009 $23.08 48,000 12,000 60,000 24,000 84,000 Salary . . (I) WCD benefits include: health, dental (optional), basic life insurance, retirement, deferred compensation, vacation and holiday. (2) WCD overhead includes administrative and clerical support, equipment, mileage, supplies, rent, and in-house reproduction expenses. Overhead does not include out source reproduction, special bulk mailings, displays, books, or other educational program hard-goods and expenses. (3) WCD total does not include some costs, such as managerial, accounting, reporting and clerical support, which would be provided as an in-kind contribution. Year Salary, Benefits, and Materials Total Overhead* 2009 $84,000 $5,000 589.000 2010 $88,200 $5,250 593.450 2011 $92,610 $5,512.50 598.122.50 2012 $97,240.50 $5,788. 5103.029 · Budget includes 5% annual increase for wage adjustments and inflation. MEMBERSHIP STRUCTURE AND CASH CONTRIBUTIONS** PARTNER 2009 Annual 2010 Annual 2011 Annual 2012 Annual Contribution Contribution Contribution Contribution SWWD $20,000 $20,700 $21,425 $22,174 VBWD $15,000 $15,525 $16,068 $16,631 BCWD $15,000 $15,525 $16,068 $16,631 CLFLWD $15,000 $15,525 $16,068 $16,631 Washington County $10,000 $10,350 $10,712 $11,087 WCD (in-kind) $10,000 $10,350 $10,712 $11,087 LSCWMO $5,000 $5,175 $5,356 $5,544 MSCWMO $5,000 $5,175 $5,356 $5,544 RWMWD $2,000 $2,070 $2,142 $2,217 RCWD $2,000 $2,070 $2,142 $2,217 Cottage Grove $2,000 $2,070 $2,142 $2,217 Forest Lake $2,000 $2,070 $2,142 $2,217 Lake Elmo $2,000 $2,070 $2,142 $2,217 Stillwater $2,000 $2,070 $2,142 . $2,217 Dellwood $500 $518 $536 $554 Willernie $500 $518 $536 $554 West Lakeland Twp $500 $518 $536 $554 $108,500 $112,299 $116,225 $120,293 .. Partner Contributions includes 3.5% annual contribution increase to cover inflation and program expenses. 2009-2012 Share Water Resource Education Program Agreement MEMORANDUM Date: Mayor and Council Rose Holman, MIS Specialist ~ November 14,2008 To: From: Subject: Laptops and Docking Stations At the last Council meeting I had requested approval to purchase two laptops with docking stations for the Administration and Fire Departments. There was some discussion at the Council Meeting regarding the need for the docking stations. The product that I was proposing to purchase was actually a port replicator, which I should indicated on my staff request. A port replicator is similar to a docking station, but docking stations provide additional slots for adding expansion boards and storage devices. To put this in perspective, we will be keeping these laptops for at least 4 years. The cost of the port replicator is $179.00 per laptop. If you break down the cost of the port replicator over that four year period the cost is about $44.75 per year. A port replicator provides the expansiveness of the desktop environment and makes connecting peripherals to your notebook more convenient. Instead of having to plug in your network cable, monitor, keyboard, mouse and printer every morning and afternoon you can just plug your laptop into the port replicator. This will save users time each day that could be put to better use. However, other than convenience this saves a lot of wear and tear on the ports of the laptop allowing the City to keep the laptop longer before replacement. The port replicator also charges the battery on the laptop while it is attached saving on the life of the battery. Last, there is an element of security while the laptop is locked down in the port replicator making it harder for an outsider to pick up the laptop and walk away with it. I feel that the benefits of these port replicators far outweigh the cost per year to purchase them. And most of the port replicators that Dell sells are able to be used on all laptops in the Latitude line, which means that we may not even have to replace the port replicator when the laptop is replaced. I am resubmitting my request to purchase the laptops with port replicators and requesting approval to purchase. Thank you for time and consideration of this matter. 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 D1I&E' Dell recommends Windows Vlstae Business. View/Print Cart ~ Print Page Close State and Local Government Retail Store EoQuote Number: 1008057372437 Saved By: Rose M Holman Phone Number: (651) 430-8B04 rholman@ci.stlllwater.mn.us Purchasing Agent: Saved On: Wednesday, October 22, 200B Notes/Comments: expires On: Friday, November 21 , 2008 Additional Comments: Description latitude E5500 . New! Date & Time: October 24,2008 12:23 AM CST SYSTEM COMPONENTS latitude E5500 . New! Qty 2 Intee Cora no 2 Duo T7250 (2.00GHz, 2M l2 Cache, BOOMhz FSB), Genuine Windows VISta4!l Business Downgrade,XP Unit Price $1,554.00 Professional SP3 Install,E Catalog Number: 84 W130 Module Description Show Details latitude E5500 Operating Systems Memory Internal Keyboard Graphics Primary Storage Touchpad and Fingerprint Reader Options LCD. AC Adapter Primary Optical Device Wireless LAN (802.11) System Doeumentatlon Primary Battery Carrying Cases Hardware Support Services Installation Services Processor Branding Intele Core™ 2 Duo T7250 (2.00GHz, 2M L2 Cache, 800Mhz FSB) Genuine Windows VistalBl Business Downgrade,XP Professional SP31nstall,E 2.0GB, DDR2-800 SDRAM, 2 DIMMS Internal English Dual Pointing Keyboard Mobile IntellBl Graphics Media Accelerator 4500MHD 80GB Hard Drive, 5400 RPM Touchpad and Trackstick dual pointing 15.4 inch Wide Screen WXGA LCD Panel 90W Slim AlC Adapter (3-pin) ax DVD+/-RW wlRoxio and Cyberlink PowerDVDTM Dell Wireless TM 1397 802.11 big Mini Card Resource DVD . Contains Diagnostics and Drivers 9 Cen 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.comldellstore/PopUps/popup -print_ cart.aspx?c=us&cs=rc9782... 10/23/2008 i'ma a Laptop, Notebook, Uesktop, ~erver, Pnnter, ~ottware, Service, Monitor or TV at... Page 2 of2 OS Labels Docking Solutions Vista Premium Label E-port Plus, Port Replicator TOTAL:$3.108.00 Sub-total Total Price 1 Total Price $3,108.00 C 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 .... Tor Large Text sn ECM2 http://premierecomm.del1.comldellstore/PopUps/popup -print_ cart.aspx?c=us&cs=rc9782... 10/23/2008 STAFF REQUEST ITEM Department: Engineering/CD/Inspections Date: 11/14/08 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of a high speed scanner for the use on the 3rd floor. This scanner will be used to set up a workstation that can be used by all departments to scan documents into our document imaging system. 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 scanner has been allocated in the 2008 capital outlay budget. Total cost will be $6493.26. 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: 11/14/08 Page 1 · The Right Technology. Right Away. ... SALES QUOTATION www.CDWG.com 800-808-4239 ROSE HOLMAN ~ 216 4TH ST N L L CITY OF STILLWATER T STILLWATER, MN 55082-4807 o CITY OF STILLWATER ~ 216 4TH ST N I P ROSE HOLMAN STILLWATER, MN 55082-4898 ~ Contact: ROSE HOLMAN 651-430-8804 Customer P.O. # CACON DR 9080C QUOTE Customer Phone # 6514308804 1 545485 CANON DR-9080C SHTFEDSCAN 90PPM SCSI Mfq#: CAC-8926A002 Contract: GSA SCHEDULE GS-35F-0195J 6082.68 6082.68 SUBTOTAL FREIGHT SALES TAX 6082.68 .00 410.58 TOTAL . US Currency 6,493.26 CDW Government, Inc. 230 North Milwaukee Ave. Vernon Hills, IL 60061 General Phone: 847-371-5000 Fax: 847-419-6200 Account Manager's Direct Fax: 312-705-9247 Please remit payment to: CDW Government, Inc. 75 Remittance Drive Suite 1515 Chicago, IL 60675-1515 STAFF REQUEST ITEM I Department: Police I Date: 11/14/08 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase two computers for the Police Department. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Money for the was allocated in the 2008 capital outlay budget. Total cost will be $2133.72 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: 11/14/08 Find a Laptop, Notebook, Desktop, Server, Printer, Software, Service, Monitor or TV at ... Page 1 of2 M4.I.M Dell recommends Windows Vista@ Business. View/Print Ca rt ~ Print Page Close Minnesota State Store - NASPO I WSCA Contract# A63307 E-auote Number: 1006911124655 Saved By: Rich Bomt Phone Number: (651) 430-8811 rbornt@ci.stillwater.mn.us Purchasing Agent: Saved On: Thursday. November 13, 2008 Notes/Comments: Expires On: Sunday. December 28, 2008 Additional Comments: Description Radeon Xstasy X1300 256 MB PCle - DUAL LINK. Small Form Factor Manufacturer Part# VTKX 1300256SFF Dell Part# A0662672 Qty 1 Unit Price $104.39 TOTAL:$104.39 2 GB (2 x 1 GB) Memory Module Kit for OptiPlex GX620 Systems Manufacturer Part# SNPU8622CK2/2G Dell Part# A0944571 Qty 1 Unit Price $44.99 TOTAL:$44.99 OptiPlex 760 Small Form Factor - New! Date & Time: November 13,2008 2:06 PM CST SYSTEM COMPONENTS OptiPlex 760 Small Form Factor - Newl Qty 2 OptiPlex 760 Small Form Factor Base Standard PSU. Genuine U't P . $992 17 Windows Vista@ Business Downgrade, XP Professional SP3, E nI nce . Catalog Number: 84 W1333 Module Description Show Details OptiPlex 760 Small Form Factor OPERATING SYSTEM(s) Processors Memory Keyboard Monitors Video Cards Boot Hard Drives Floppy Drive Options Mouse OptiPlex 760 Small Form Factor Base Standard PSU Genuine Windows Vista@ Business Downgrade, XP Professional SP3, E Intel@ Core™ 2 Duo Processor E8400 (3.0GHz. 6M, 1333MHz FSB) 2GB DDR2 Non-ECC SDRAM,800MHz, (2 DIMM) Dell USB Keyboard, No Hot Keys No Monitor 256MB ATI RADEON HD 3450 (2 DVI and 2 VGA /1 TV-out), low profile 80GB SATA 3.0Gb/s and 8MB DataBurst Cache™ No Floppy Drive Dell USB 2-Button Entry Mouse with Scroll, Black http://premierecomm.dell.com./dellstore/PopUps/popup yrine cart.aspx?c=us&cs=rc9568... 11/13/2008 Find a Laptop, Notebook, Desktop, Server, Printer, Software, Service, Monitor or TV at ... Page 2 of2 Large Text sn ECM4 Systems Management Mode Removable Media Storage Device Thermal Speakers Power Supply DOCUMENTATION Energy Efficiency Options Resource DVD Hardware Support Services SHIPPING PACKAGING OPTIONS Mouse Pad Labels Intel AMT Advanced Hardware Enabled Systems Management ax Slimline DVD+/-RW Roxio Creator™ CyberlinkPowerDVD TM Heat Sink, Mainstream, Small Form Factor Internal Dell Business Audio Speaker OptiPlex 760 Small Form Factor Standard Power Supply Opti 760 Documentation English No Energy Smart Selected No Resource DVD 3 Year Basic Limited Warranty and 3 Year NBD Onsite Service Shipping Material for System, Small Form Factor Mouse Pad Vista Premium Downgrade Relationship Desktop TOTAL:$1,984.34 Total Price Sub-total Shipping & Handling Total Price1 $2,133.72 $0.00 @ 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 .... To~ http://premierecomm.dell.comldellstore/PopUps/popup yrint_ cart.aspx?c=us&cs=rc9568... 11/13/2008 STAFF REQUEST ITEM I Department: Police I Date: 11/14/08 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of digital voice recorders to replace or supplement recorders used in existing dictation system. 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 $1434.55. Money has been allocated in the 20087 capital outlay budget for these items. ADDITIONAL INFORMATION ATTACHED Yes 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: 11.14.08 STAFF REQUEST ITEM I Department: Sewer I Date: 11-12-08 DESCRIPTION OF REQUEST (Briefly outline what the request is) Two bids were received with the lowest quote from Infratech to purchase a sewer camera including monitor, keyboard, software, battery pack and transmitter. This allows us to televise 4" sewer lines in the city. 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 $3,917.50 + tax Money budgeted in 2008 machinery & equipment capital outlay. 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: ~~ I Date: 'll, vlo f MEMO INFRA TECH John Herbert Selvog Infrastructure Technologies, Inc. 21040 Commerce Blvd. Rogers, Minnesota 55374 www.infratechonline.com John@infratechonline.com 612-747-2748 website e-mail cell 763-428-6488 I 800-533-4244 I FAX 763-428-6489 Date: 10/20/08 Attention: Nick Chaves Organization: City of Stillwater Public Works Reference: ProCam Power Control Unit & Accessories Hi Nick, Please review the following information and don't hesitate to call if you have any questions. 1.....ProCam PCU w/key board, DDU1 software (on-screen footage & text), DVD and 10" LCD rnonit~r,c()~pJp.~... ....../!. . .'. .*otat:"f~18bb~~"3.495~()O/complel~ Note: optional battery pack kit for above, (includes 2';position charger w/battery) @ 750.00 Extra battery @ 202.40 1.. ...In-line camera transmitter (512HZ) @ 422.50/ea (Works with your existing receiver) New System Complete 1.....ProCam DVD ultra system wI PCU, 200ft push rod, Self Leveling camera upgrade & in-line transmitter @ 6,517.50/complete. Thanks Nick! Sincerely, John Herbert Selvog UEMSI OCTOBER 22, 2008 NICK CHAVES CITY OF STILLWATER PUBLIC WORKS DEAR MR. CHAVES, THANK YOU FOR YOUR INTEREST IN OUR PRO CAM SYSTEMS. THE EQUIPMENT AND PRICING IS AS FOLLOWS: PRO CAM DVD ULTRA COLOR INSPECTION SYSTEM, INCLUDES: · PRO EYE SELF-LEVELING COLOR CAMERA HEAD UPGRADE · 200' OF VIDEO PUSH CABLE · 10.4" LCD COLOR MONITOR · BUILT-IN DVD RECORDER / PLAYER · HAND HELD MICROPHONE · LIGHTWEIGHT BRIEFCASE STYLE PCU CASE · AC/DC OPERATION · SNAP-ON SUNSHIELD · 4" - 6" BRUSH SKID · DATA DISPLAY I SYSTEM. WHICH INCLUDES DIGITAL ON-SCREEN FOOTAGE AND KEYBOARD · IN-LINE TRANSMITTER THE PRICE ON THIS SYSTEM IS $ 6,818.00, INCLUDING FREIGHT. OR PRO CAM DVD ULTRA PCU, INCLUDES: · 10.4" LCD COLOR MONITOR · BUILT-IN DVD RECORDER / PLAYER . HAND HELD MICROPHONE · LIGHTWEIGHT BRIEFCASE STYLE PCU CASE . AC/DC OPERATION · SNAP-ON SUNSHIELD · DATA DISPLAY I SYSTEM, WHICH INCLUDES DIGITAL ON-SCREEN FOOTAGE AND KEYBOARD THE PRICE ON THIS PCU IS $ 3,645.00, INCLUDING FREIGHT. 2) OPTIONS: IN-LINE TRANSMITTER IS $ 442.50. RECHARGABLE BATTERY PACK IS $ 800.00. (INCLUDES A 14.4 VOLT BATTERY AND DUAL BAY CHARGER) ADDITIONAL RECHARGABLE BATTERY IS $ 222.40. * THIS QUOTE IS GOOD FOR 30 DAYS. IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT ME. THANK YOU, BRIAN KOTECKI VICE PRESIDENT OF SALES/MARKETING UEMSI MEMORANDUM To: Mayor and City co~ From: Shawn Sanders, DIrector of Public Works Date: November 12,2008 RE: Request to Purchase Traffic Counters DISCUSSION: Staffhas been exploring the option of purchasing traffic counters for the department. Purchasing counters would allow us to conduct future volume counts and speed counts on our own, instead of the reliance of borrowing counters from others or paying a consultant. In addition, MNDOT's Office of State Aid is requires the City conduct traffic counts on all its Municipal State Aid. Streets in 2009. This amounts to 41 different segments in'the City. Staffhas received quotes from JAMAR Technologies to purchase 4 used traffic counters, 'with software, installation kit and a charger in the. amount of $2634 and includes a one year warranty. If purchased new, the cost of these counters would be over $5600. This was not a budgeted item, but there are available funds from, the engineering operating budget to purchase these counters. Staff is requesting approval from Council for the purchase of these traffic counters. ACTION REQUIRED If council agrees they should pass a motion approving the purchase of traffic counters from JAMAR Technologies in the amount of $2634.00 ~~ JAMAR Technologies, Inc. TRAFFIC COUNTING EQUIPMENT AND SUPPLIES DISTANCE MEASURING EQUIPMENT AND SUPPLIES 1500 Industry Road. Suite C Hatfield. PA 19440 Phone 215-361-2244 · Fax 215-361-2267 ~UOTATION DATE: 11/4/2008 QUOTATION NO. 61601 P - (651) 430-8835 Ext. 0000 F - (000) 000-0000 Ext. 0000 STILLWATER; CITY OF 216 N. 4TH STREET STILLWATER MN 55082 .. A'l"I'N: JOHN JUREK 1 EACH J-7711-K USED COUNTERS - SPECIAL OFFER. FULL 1 YEAR WARRANTY . TRAXPRO W/MANlJAL, CABLE- SINGLE USER LICENSE - NO CHARGE WINTER MINI TUBE INSTALLATION KIT - TRAX, 4RT TRAX SMART CHARGER $0.0000 $0.00 1 EACH 1 EACH K-IOOO-W-TRAX-4RT JT-0002L $352.0000 J;75.0000 $352.00 $75.00 By of( .PRICE QUOTE IS VALID FOR 30 DAYS UNLESS OTHERWISE NOTED. Subtotal Mise Tax Freight Total $2,527.00 $0.00 $0.00 $107.00 $2,634.00 TRAX Plus - AutomatIc Trame Data Recorders You are here: Home> Products> Automatic Data Recorders> TRAX I Plus Page 1 0[2 ~~~~~fn! .tiQffi~ f'rodu~ J>eIviG.!l~ DOJNnloa~ Support About,jAMA~S TRAX I Plus Automatic Traffic Data Recorders SR~cjaLlrjld~~InJ:)1f~r Introduced in 2003, the TRAX I Plus is the workhorse of the traffic data collection industry, having been used to count and classify millions of cars in thousands of applications. These units were the first data recorders in the industry to come equipped with dual data processors for increased speed in data recording. They also introduced the concept of on-board road tube testing and GPS compatibility. Data collected with the TRAX Plus recorders can be analyzed in a variety of ways (such as volume, classification, speed and gap) using our powerful IRAX8m software. . Features of the TRAX Plus Series Store GPS coordinates Dual Processors for highest accuracy Up to 4 Road Tube Input Data forvolume, class, speed & more Retrieve data while collecting Store up to 150 different studies Four Line LCD Display RealTime & Date Clock Rechargeable Battery powI11Q~~ BrQ~h!,lI~ Precision-molded Aluminum Housing Off/On Switch . Solar Panel Standard RS-232 Serial Port for Download 16 MB Memory The Power of Time-Stamped Data - When collecting data, the TRAX Plus recorders have the ability to time-stamp every axle recorded during the count. With this time-stamping, you can record one set of data and get traffic volume, speed, classification and gap data all from that one data set. What's more, the time stamp data actually lets you fix problems after the data has been collected. With many traffic counters, if you set something up wrong the data collected would not be usable and there wasn't anything you could do but recount. However, with time-stamped data you can change things like the layout used, the tube spacing used and several others after the data has been collected, reducing the need for recounting. Save Time and Money with Built-in Sensor Diagnostics Few things are more frustrating than spending time & money to do a traffic study only to find out later the data is no good because of a road tube problem. With a TRAX Plus, you can greatly reduce this possibility. TRAX Plus data recorders use built-in diagnostics to analyze the strength of air pulses that are received from road tubes. MoreJietails,-,~ Coordinate data with GPS Compatibility ()na nf tha rnn<>t I ,nin, ,a fa<:lh ,ra<> nf tha TP d Y Ph ,<> <>ana<> i<> it<> <:Ihilihl tn In<:lrl <:Inri http://www.jamartech.com/traxplus.html 11/13/2008 1.K.AA .t'iUS - Automanc lraUlC uata Kecoraers Page 2 of2 '-'II" V. ~II,", IIIV..;J" UIII\.,t'..."" . \.I(;.U.U 1 "'~ VI "..v I I "'" I IU~ ,,""'..........;J I..;J .....;J UUIIILI LV .Vc;AU Uti"" store GPS coordinates. Simply plug your GPS unit into a TRAX Plus and the TRAX Plus will retrieve and store exact latitude and longitude information. This information is then downloaded with your study! MQnLg~tIDI~", TRAX I Plus - 4 Road Tube Part #JT + 16M-4RT-S R.eguest a Quote Questions? Contact us and our sales staff will be happy to assist you. http://www.jamartech.comltraxplus.html 11/13/2008 "ORDINANCE NO.: 999 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 upon its passage and publication according to law on January 1,2009." Approved, this 18th day of November, 2008. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk MEMORANDUM To: Mayor and Council a cf}--; Rose Holman, MIS Specialist \^7 November 14, 2008 From: Date: Subject: Server Room At the Council meeting on October 21 we had a discussion regarding moving our current server room into the Mayor's office. Council requested that I look into what it would take to remove the existing sprinkler system and replace it with a waterless fire suppression system. There are many considerations that need to be taken into account when installing this type of system. After I spoke with the fire equipment company it became necessary for me to gather more information in order to give you an accurate accounting of what we will need to do. The room will need to be sealed for proper containment of the clean agent. The fire equipment company recommended that we use a Novec 1230 waterless fire suppression system. This system is not harmful to humans and is a environmentally safe system. The existing HV AC system will need to be modified in order to seal off any duct work that leads into the rest of the building. Additional electrical work will be needed and the system will need to be connected to our existing fire alarm system. While investigating what it would take to accomplish all of this and have the HV AC company do a more thorough inspection of the cooling requirements I have come up with the following recommendations. We have two choices, we can leave the servers in the existing server room and add a fire suppression and reliable air conditioning unit or we can move it the Mayor's office. The cost to remain in the existing room would be about $16,100. The cost to move into the Mayor's office would be about $19,900. I am recommending that we move the equipment into the Mayor's office. I recommend this for a couple of reasons in addition to the problems already identified. The existing room is shared with Finance. The room is already too small to house all that is in there and that problem will only get worse. The second problem is security. The servers should be housed in a room that can be accessed only by IT personnel. This eliminates any problems that may arise by inappropriate access to the City's data and also provides a safer, more efficient environment. This may seem like quite a bit of money to spend on the protection of that equipment, however, the value of the equipment loss is not the only consideration in making the decision to protect the contents of this server room. Even so, the equipment value alone would be enough to justify the cost involved with making this room acceptable as a reliable, efficient data center. A more serious consideration would be the loss of data. If, for example, a fire occurred and the sprinkler heads went off destroying our bank of servers, the lost data would not be easy to recover. It would involve weeks of precious time and nerve- racking problems to recover data even to the approximate extent the ruined system was in before the disaster. The value of the data highly exceeds the mere cost of the servers, as we would have to pay a great amount of money to reproduce the system as it was before. Over the years the need for technology has increased and the amount of data maintained and stored in our system has grown substantially. We are much more dependent on that data to provide the kind of services that our residents require and the need to protect that data becomes even more important. There would be many consequences of a loss of our data center that would be far reaching and hard to recover from. The money we spend today to make the server room a reliable environment would be a wise investment in the future. Costs Associated with Server Room Mayor's Office Purchase and installation of Fire Suppression system Purchase and installation of mini-split AC unit Electrical work for entire project Equipment needs Carpet Removal/Tile Install Connection to existing Fire Alarm System Sealing off of room $8,967.00 $4,278.00 $1,800.00 $1,950.00 $1,113.30 $800.00 $1,000.00 $19,908.30 Existing Room Purchase and installation of Fire Suppression system Purchase and installation of mini-split AC unit Electrical work for entire project Connection to existing Fire Alarm System Sealing off of room $8,967.00 $4,278.00 $1,000.00 $800.00 $1,000.00 $16,045.00 rdini Fire Elfldpmenl Ca., Inc. October 24, 2008 www.nardinifire.com City of Stillwater City Hall 216 N. 4th'Street Stillwater, MN 55082 Attn: Ms. Rose Holman (651) 430-8804 RE: Server Room Clean Agent Fire System Dear Ms. Holman Pursuant to your request, we wish to offer pricing for the installation of one independent clean agent fire suppression system to protect the Server room at your facility. All work proposed shall be per your verbal directives, the information gathered during our site visit on 10/23/08, manufacturer's requirements, local codes, and this proposal. One independent 3M Novec1230 clean agent fire suppression system shall be provided to protect the 1,404 cu-ft. Server room at your facility. The agent cylinder shall be floor mounted inside the protected space; discharge plping will be installed from the cylinder to an agent discharge nozzle that will be located at the lay-in ceiling of the protected space. A 3PDT pressure switch is provided and shall be installed' on the agent discharge line for interface by others to HVAC equipment and computer equipment for shutdowns as required. A UL/FM fire suppression control panel (FSCP) is provided with battery backup; this panel will be wall mounted inside the Server room. Cross-zoned smoke detectors are provided for automatic release of the clean agent system and shall be installed at the lay-in ceiling of the protected space at no greater then 78 sq-ft. intervals. Activation of a smoke detector will enunciate an alarm device in the protected space and operate a dry contact for interface with the building's monitoring system. Activation of a second smoke will enunciate a second alarm and initiate a 30-second discharge delay sequence. Upon expiration of the delay, the clean agent system will discharge. Manual release and system abort stations shall be installed at the point of egress from the protected space. Audio visual alarm devices are provided for fire annunciation and shall be located inside and outside the protected space as required. A maintenance bypass switch is provided and shall be installed adjacent to the (FSCP). The bypass switch will allow for the systems releasing circuit to be disabled during room maintenance. o Saint Paul 405 County Road E W Saint Paul, MN 55126 Phone: (651) 483-6631 Fax: (651) 483-6945 o Fargo 303 20th St. N. Fargo, ND 58102 Phone: (701) 235-4224 Fax: (701) 235-5089 , 0 Brainerd Lakes PO Box 305. Merrifield. MN 56465 Phone: (218) 765-3450 Fax: (218) 765-8364 o Virginia Virginia. MN Phone: (800) 247 -132 Fax: (218) 765-8364 City of Stillwater October 24, 2008 The following items are excluded from this proposal: 1. Interface wiring with ventilation equipment for shut-downs 2. Sealing of hazard area to prevent agent leakage-PLEASE READ THE INFORMATION PROVIDED BELOW 3. Painting and patching . 4. Fire dampers, operators, and interface wiring 5. Hydraulic door closers 6. Interface wiring to the building fire alarm or monitoring system 7. 110VAC dedicated power circuit to the fire suppression control panel 8. Interface wiring to the computer equipment for power shutdown In accordance with this proposal, the following is provided: 1 - 3M Novec 1230 cylinder w/ bracket and actuator 1 -Agent discharge nozzle 1 - 3PDT pressure operated switch 1 - Warning sign 1 - UUFM fire suppression control panel w/battery pack 1 - Discharge strobe 1 - Alarm horn/strobe 1 - Manual release station 1 - Abort station 1 - Maintenance bypass switch 2 - Smoke detectors 1 - Lot drawings and calculations 1 - Lot mechanical installation 1 - Lot low voltage electrical installation 1 - Lot startup, functional testing, and training 1 - Lot room integrity fan test 1 - Lot freight, tax, and permit TOTAL COST: $8,967.00 *PLEASE REVIEW THE FOLLOWING INFORMATION A. SEALING OF ROOMS FOR PROPER CONTAINMENT OF CLEAN AGENTS This bulletin has been prepared to assist anyone who must seal a room for a clean agent fire suppression system. It is critical that the clean agent remains in the protected area until emergency personnel have a chance to deal with a possible continuing source of ignition. Current testing protocol requires that an integrity test be performed on the protected space. This includes positive and negative pressurization to ensure the environment's ability to maintain the agent during and after discharge. The following items are important pieces to the overall operation of the clean agent fire system: City of Stillwater October 24, 2008 1. All OUTER PERIMETER DOORS leading from the clean agent protected areas or into another clean agent zone shall have drop seals or sweeps on the bottoms, weather stripping around the jams, latching mechanisms and door closure hardware. In addition, double doors shall have a weather stripped astral to prevent leakage between doors and a coordinator to assure proper sequence of closure. In general, doors shall be treated as though they are being weatherproofed for outside use with the least amount of light possible passing around all sides. Doors, which for any reason cannot be kept normally closed, should be equipped with electromagnetic holders designed to release on alarm. 2. All DUCT-WORK leading from or into a protected area may be permanently sealed off, airtight, with metal plates caulked and screwed in place. Ductwork left in service from the building air handling unit must have butterfly blade type dampers installed with neoprene seals. Dampers must be spring-loaded or motor operated energized open fail close, to provide 100% air shut-off. It is further recommended that the building air handling units be shut down to prevent the spread of smoke or clean agent into other areas of the building. Some dedicated ductwork may not required dampers - ask Nardini for advice. 3. SELF CONTAINED AIR HANDLING UNITS within the protected zone need to shut down upon agent discharge. 4. PROTECTED AREAS should be enclosed with all exterior perimeter wall extended slabMto-deck. This is not required, but is recommended, especially for new construction. This will create a solid fire resistant envelope for the high value area. It will also significantly enhance the protected area's ability to reain the agent. All lay-in ceiling tiles should be clipped in place within 8 feet of any discharge nozzle. 5. ANY HOLES, CRACKS OR PENETRATIONS leading into or out of the protected area must be sealed. This includes pipe chases and wire troughs. All walls should be caulked around the inside perimeter of the room where the walls rest on the floor slabs and where the walls intersect with the ceiling slab above. 6. IF A RAISED FLOOR continues out of the clean agent protected area into adjoining rooms, bulkheads must be installed under the floor directly under above-floor border partitions. These bulkheads must be caulked top and bottom. If the adjoining rooms share the same underfloor air handlers, then the bulkheads must have dampers installed the same as required for ductwork. See Item #2. 7. ALL FLOOR DRAINS should have traps and the traps should be designed to have water in them at all times. City of Stillwater October 24, 2008 8. POROUS BLOCK WALLS must be sealed slab-to-slab to prevent gas from passing through the block. Two or three coats of paint are normally required. Unpainted block walls are totally unacceptable. 9. IN GENERAL, the basic intent is to make clean agent protected areas as air tight as possible during and after clean agent discharge. Clean agents are heavier than air and therefore, openings below floors are usually more critical than those above a ceiling. However, during discharge the room does get pressurized to some extent and any gas that can be pushed out of the room will not return. Smaller rooms are much harder to seal than larger rooms because each little crack becomes much more significant as the surface area to volume ratio changes. 10. ONCE THE GAS IS DISCHARGED, in most jurisdictions, it must remain in the room at its designed concentration at least ten minutes. The length of time that the aas will remain is directly proportional to the "air tiahtness" of the room. The 1 0 points, which are offered here, do not claim to be all-inclusive or to guarantee that the concentration test will pass. They are; however, presented as the most common items, which affect clean agent concentration tests. If, in addition to presenting a few specific areas of concern, they provoke thought about the overall "air tightness" of the enclosure, then they will have served a good purpose. Thank you for the opportunity to offer you our product and services. Enclosed you will find information on the system we propose. If you have any questions, please call. Sincerely, Nardini Fire Equipment Co., Inc. ai0 ~i Chris Gendron Sales Representative CG/tlm City of Stillwater October 24, 2008 ACCEPTANCE OF PROPOSAL COMPANY NAME SIGNATURE PRINTED NAME P.O. NUMBER DATE -THIS QUOTE WILL REMAIN VALID FOR 30 DA YS- ORPORATE ECHANI HVAC Commercial/Industrial Installation . Scheduled Maintenance 24 hr Service . Energy Management . Design Build Engineering PROPOSAL DATE: 11.14.08 SUBMITTED TO: Rose Holman and Rich Bornt FROM: Chris A1varado JOB NAME: Install ~ni-Split LOCATION: 216 N 4TH St, Stillwater, MN 55082 We propose the following: Install a 2-ton mini-split AC unit for the server room. Corporate Mechanical will provide material, install and start-up labor. The City of Stillwater will provide an electrician for the wiring. We propose hereby to furnish material and labor- complete in accordance with above specifications for the sum of $4278. Four-thousand, two-hundred and seventy-eight dollars. All material is guaranteed to be as specified. All work to be completed in a workman like manner according do standard practices. Any alteration or deviation from above specifications involving extra cost will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. Due to market vo~ati~ity, price is firm for 30 days on~y. ~~ AUTHORIZED SIGNATURE: for Chris Alvarado ACCEPTANCE OF PROPOSAL: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. AUTHORIZED SIGNATURE: DATE OF ACCEPTANCE: 5114 Hillsboro Ave N . New Hope,MN 55428 Phone: (763) 533-3070. Fax: (763) 533-3464. e-mail: service@corporatemechanical. com LINNER ELECTRIC CO., INC. 14580 61ST ST. COURT N. · STillWATER, MN 55082 (651) 439-4072 Attn: Rose Submitted To: City of Stillwater Address: 216 N. 4th St. Job Name: Date: 10/31/08 City/State/Zip: St ill water Phone: Install a 8 circuit panel in room Orange and wire for 2 new outlets Sprinkler System in Server Room. and change out existing outlets to IG in IG Orange. Run a new circuit to All Low Voltage Wiring by others. ~ocJ' r}.v.\ ()}A ~~ ~~?fi'OO' Fifty & No/100--------------- Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for their contributions. Under Miunesota law you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due them from us until 120 days after completion of the improvement unless we give you a lien waiver signed by those persons who supplied any labor or materials for this improvement and who gave you timely notice: By executing this proposal, I/we are admitting service of and receipt of the Mechanics' Lien Notice. (Initials ) (Initials) ACCEPTANCE OR PROPOSAL - The above prices, specifications, conditions, and mechanics' lien notice are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. If payment is not made as agreed, you shall be entitled to all costs of collection you incur, including reasonably attorney's fees. Date of Acceptance Signature Signature Quotation STILLWATER CARPET SERVICE 704 6th Ave S Stillwater, MN 55082 Quote Number: new/computer mt. Quote Date: Oct 14, 2008 Quoted to: City of Stillwater 216 N 4th Street Stillwater, MN 55082 Page: 1 Customer ill Good Tlru Payment Terms Sales Rep 5271 City Hall 11-13-08 C.O.D. Quantity Item Description Unit Price Extension 160 . 00 IVCT.MATERIAL.& INSTA MATERIAL & INSTALL.Manington 4.25 680.00 Vinyl Composition Tile 160 . 00 ~ake Up Tear Up Old glued down carpet. 0.60 96.0( 160 . 00 lJi'loor Prep prep floor for new vinyl 0.88 140.80 ~omposition tile.remove old ~dhesive ridge and spread ardex floor filler. 50.0( lBASE ~ALL BASE INSTALLATION.6 inch 3.75 187.50 roved vinyl base.installed. 3.00 ~etal n>ransition vinyl reducer in 3.00 9.00 ~oorway Subtotal 1,113.30 Sales Tax \D 5 E <5 1lO 1:: 0 0 ~ e .... 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U U U U U U U U U U Memo DATE: November 14, 2008 TO: Mayor and City Council Sharon Harriso~ Finance Director~ Back Billing FROM: RE: At part of my job as the Finance Director, it is my responsibility to make sure that the City is billing all of its customers receiving utility services from the City. On occasion, the Finance Department will do an internal review of its accounts for proper billing. On occasion, unfortunately, we do find accounts that haven't been billed for services received. This last review revealed 10 accounts that hooked up to City sewer but were not being billed (Since the time I started working here in 1994 there have been six other accounts). Hookup for some of these accounts went back as far as 1997 and some were as recent as 2006. With that being said, our past practice/policy has been to back bill these customers, and in this case back to the time of hookup, for services received from the City but not billed for. The amount of back-billing for these 10 customers are as follows: Customer # 1: $11.70 Hooked up 5/2006 Customer #2: $429.00 Hooked up 1212005 Customer #3: $1,268.20 Hooked up 612003 Customer #4: $3,015.20 Hooked up 9/1997 Customer #5: $663.00 Hooked up 7/2004 Customer #6 $1,805.60 Hooked up 10/1997 Customer #7: $817.90 Hooked up 5/2004 Customer #8: $624.00 Hooked up 8/2004 Customer #9: $312.00 Hooked up 10/2006 Customer #10:$351.00 Hooked up 7/2006 There has been some concern expressed regarding the fairness of this past practice/policy and that is the reason for this discussion tonight. Staff is requesting Council direction. ~il~te~ TI'E 8IRTHPlAC! Of MdlNESOfA ') City Council DATE: November 13, 2008 ITEM: Proposed Guidelines for Downtown Sidewalk Signs CC DATE: November 18,2008 REVIEWERS: Community Dev. Director PREPARED BY: Michel Pogge, City Planner ~ DISCUSSION After a request from the Downtown Merchant's Association the City Council appointed 8 members to a task force to develop guidelines for sidewalk signage in Downtown Stillwater. This task force included members from the Heritage Preservation Commission, Planning Commission, the Downtown Merchant's Association, and at- large members. The task force was tasked to return a draft policy for City Council consideration by December I, 2008. The task force met on August 20 and October 8. The task force looked at several areas including the completion of a visual preference survey; the right-of-way, street, and sidewalk width of historic communities in central Minnesota; and draft sidewalk sign guidelines from the Greater Stillwater Chamber of Commerce. With a fairly clear and concise set of guidelines the task force elected to use the chamber's suggested guidelines as a base for the sidewalk sign guidelines. The attached guidelines are recommended by the task force to the HPC, Planning Commission and City Council for their consideration. City Staff have reviewed our ordinances. As they currently stand, the ordinances permit the Council to grant exceptions and allow temporary signs in the right of way for a specified period of time. The policy as written meets this code requirement. Downtown Sidewalk Signs Page 2 NOVEMBER 3. 2008 HERITAGE PRESERVATION COMMISSION MEETING The Heritage Preservation Commission reviewed the request at their November 3rd meeting and, on an unanimous vote, recommended that the Planning Commission and City Council approve the proposed sidewalk side policy as presented. NOVEMBER 10. 2008 PLANNING COMMISSION MEETING The Planning Commission reviewed the request at their November 10th meeting. The Commission raised two items of concern. Some members felt the $50.00 annual permit was too low. Ultimately the Commission chose to keep the fee at $50.00 per year. Some Commissioners were also concerned about how MN DOT would react to the new policy. While the task force developed the policy, City Staff had a series of discussions with MN DOT on the proposed policy. MN DOT has informally agreed to the proposed policy and will not enforce state statutes if the proposed policy is followed. Ultimately, this policy does not follow state statutes concerning advertising in public right-of-way. To address this concern, and to limit the City's liability, additional language has been added to the policy. The Commission voted 4-2 (Milbrant and Luke voting no) to recommend City Council approval of the proposed policy. RECOMMENDATION Review and make a recommendation to the City Council on the proposed guidelines. Downtown Sidewalk Signs Page 3 Current City Code as it applies to Signs in the Right-of-Way Chapter 31 ZONING ORDINANCE ARTICLE V. PERFORMANCE STANDARDS DIVISION 2. RESIDENTIAL AND NON-RESIDENTIAL STANDARDS Sec. 31-509. Sign regulations. Subd. 3. General provisions. The following provisions apply to signs located in all zoning districts: (c) No signs other than governmental signs may be erected or temporarily placed within any street right-of-way or upon public lands or easements or right-of-ways without city council approval. (g) The city may grant a permit to locate signs or decorations on, over or within the right-of-way for a specified period of time. Chapter 38 NUISANCES Sec. 38-1. Generally. Subd. 2. Public nuisance. Public nuisances are any of the following: (2) A nuisance also means any substance, matter, emission or thing which creates a dangerous or unhealthy condition or which threatens the public peace, health, safety or sanitary condition of the city or which is offensive or has a blighting influence on the community and which is found upon or in any street, alley, highway, railroad right-of-way, vehicle, railroad car, water, excavation, building, erection, lot, grounds or other property located within the city. A nuisance includes: bb. Any use of property abutting on a street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the streets or sidewalks, except as permitted by the city council. cc. All hanging signs, awnings and other similar structures over streets or sidewalks or so situated as to endanger public safety, except as permitted by the city council. GUIDELINES FOR SIDEWALK SIGNS DOWNTOWN STILLWATER **DRAFT** The Stillwater City Council appointed 8 members to a task force to develop guidelines for sidewalk signage in Downtown Stillwater. The task force met on August 20 and October 8. The task force looked at several areas including the completion of a visual preference survey; the right-of-way, street, and sidewalk width of historic communities in central Minnesota; and draft sidewalk sign guidelines from the Greater Stillwater Chamber of Commerce. With a fairly clear and concise set of guidelines the task force elected to use the chamber's suggested guidelines as a base for the sidewalk sign guidelines. The following guidelines are recommended to the City Council by the task force, the HPC, and the Planning Commission. The purpose of these guidelines are to assist the downtown businesses attract more customers to their businesses. Business owners shall obtain an annual permit from the City of Stillwater for all sidewalk signs. The permit fee is $50.00 with permits valid from January 1 st to December 31 st. Uponapplication and payment of the permit fee, the City will issue a sticker to the business owner for their sign that must be adhered to the sign. Revenues from the sign permit will in invested in streetscape improvements in downtown Stillwater. Signs shall be an A-frame or single-panel style. Signs must be portable and stable. These guidelines do not allow for portable interchangeable copy signs, typically placed on highways. 3. Size & Shape 3.1. Signs may consist of an overall size of up to 30" wide x 36" high x 24" deep. 3.2. Signs may be silhouette cut into a shape. Protruding sections which could cause a hazard to pedestrian traffic will not be permitted. 4. Colors 4.1. Signs must be within approved Heritage Preservation Commission approved color scheme for building front and signage. 4.2. Sign cannot mimic traffic sign (including yellow traffic signs or construction zone orange) or contain sign-grade reflective material. GUIDELINES 1. Generally 1.1. Business owners assume the liability of the signs placed on public property. 1.2. Various roads in Downtown Stillwater are under the jurisdiction of the Minnesota Department of Transportation and/or Washington County. The City of Stillwater will enforce its sign regulations along these streets and not those of other agencies or jurisdictions. The City of Stillwater will not be responsible for the removal of signs placed in right-of-ways controlled by other jurisdictions. 2. Type 2.1. 2.2. 2.3. 5. Design & Features 5.1. Business owners will be free to design high quality, creative signage with minimum restrictions, encouraging hand painted, carved and unique signage on a flat surface. 5.2. No interchangeable letters or letter copy on rails is permitted. 5.3. Sidewalk signs shall not be illuminated, animated, have moving parts, or electrically powered in any way. 5.4. Signs shall contain a device (such as: braces, chain, rope, cable, etc.) to prevent sign panels from spreading. 5.5. Signs shall not have more than two (2) sign faces. 5.6. All signs shall be maintained in a high quality state, with no peeling, broken, cracked, or faded paint/vinyl. 6. Materials 6.1. Signs shall be constructed using quality exterior, weatherproof, sign board materials. 6.2. Signs constructed with light materials such as plastic should be weighted, to remain stationary on windy days. 6.3. No loose or lightly attached sign panels. 7. Installation 7.1. Each business shall be allowed to display only one sandwich board-type sign at a time. 7.2. Placement on private landscaped areas in front of business, between front of building and sidewalk (but not on the sidewalk), is permitted. 7.3. Buildings with more than one tenant (such as the Grand Garage and River Exchange Building) will be allowed one sidewalk sign per 20 linear feet of building frontage. 7.4. Signs shall be temporary and displayed during business hours only. Signs must be removed and stored indoors after hours. 7.5. Signs on private property maybe placed on any ground surface that does not conflict with pedestrian circulation. Signs on public sidewalk must be setback 1 foot from the back of curb with the comer of the sign placed in the hexagon paver block area. 7.6. Signs must be setback a minimum of 15 feet from any intersection. 7.7. Signs must not interfere with access to business, the passage of pedestrians on the . sidewalk, or the opening of the doors of parked vehicles. 7.8. Signs cannot be placed in front of or adjacent to another business, commercial enterprise, or vacant land, unless permission is given by the building or business owner. In addition, placement of such signs is prohibited on all City property, including but not limited to parking lots, streets, or alleys. 7.9. Five feet of clearance must be maintained and unobstructed by signs between the building and street for pedestrian circulation. 7.10. Signs shall not be displayed after a two inch snow event until all snow removal operations are completed. 8. Area in Which these Guidelines Would Affect 8.1. This guideline shall be applicable to the areas within Stillwater's Historic Design Review District. I MEMORANDUM TO: Mayor and City Council FROM: Shawn sanders:tirector of Public Works DATE: November 4,2008 SUBJECT: FUEL CONSORTIUM PURCHASE PROGRAM DISCUSSION: This past summer and fall, staff has been attending meetings with other government agencies, including metro cities, counties and MNDOT, on the possibility of a bulk purchase of gasoline and diesel products. A bulk purchase of fuel has been in Ramsey and Hennepin County for a number of years and saved their cities a considerable amount of money. MnDOT has since announced that they will take the lead and will solicit bids and include agencies that are currently a Cooperating Purchasing Venture member and: are willing to participate in the program. MnDOT's solicitation would be based on two programs: a Fixed. Price Program and a Spot Price Program. The Fixed Price Program would be a set price for fuel for the entire period of the annual contract, and each agency would be required to take 100% of their committed fuel amount for each month. The Spot Price Program would be the Daily Rack Average Price plus the vendors bid constant for profit, overhead and delivery cost. One advantage of participating in a program for bulk purchase of fuel would be a budget stabilizer. Under the fixed price program, agencies would know what the. price of fuel would be for the entire year, and not have to deal with the cost of fuel increases. There are some risks, for instance, during the contract period, the fixed price for fuel could be higher than market price and you would be committed to pay that fixed price until you reach your required monthly usage. It is suggested that an agency submit only 50% - 80% of their monthly usage under the fixed price program to allow for the chance of lower prices or if there are cutbacks that decrease the amount of gas or diesel usage. The remaining amount fuel for the month would be purchased using the Spot Price Program. Staffhas kept records of the fuel usage for each department and can come up with a good estimate of our monthly fuel usage for the year. There would be a program in place in the MnDOT contract so that if you do not use your monthly quantity, other participating agencies may purchase the unused gallons or the unused gallons could be sold on the open market. If it is the latter, either a debit or credit would be made to the original purchaser. It would be the vendors responsibility to report to all participating agencies fuel usage of all agencies, in the event that a agency falls short of fuel for a given month and another has extra they could purchase the others fuel for the fixed price amount vs. the spot price, if the spot price is higher that week. MnDOT is requesting that if cities want to participate in the program, they need to submit their monthly fuel quantities for the Fixed Price program to MnDOT by November 25. By submitting these quantities ~ we would be agreeing to participate in the Fixed Price Program. MnDOT would use the quantities to prepare the bid for the interested vendors. The bid opening would be in December and MnDOT has stated they would like a contract with a vendor in place to start on January 1,2009. RECOMMENDATION Staff recommends that council consider participation in the Fuel Consortium Purchase Program through MnDOT and if they chose to participate the city submit monthly quantities for the Fixed Price Program in the amount of 80% of the normal usage ACTION REQUIRED If council concurs with the recommendation, they should pass a motion approving the participation the Fuel Consortium Purchase Program f DATE: OCTOBER 28, 2008 2009 FUEL CONSORTIUM MEMBERS FUEL CONSORTIUM PURCHASE PROGRAM FOR STATE OF MINNESOTA AGENCIES AND COOPERATIVE PURCHASING VENTURE MEMBERS TO: RE: FROM: JACKIE FINGER - STATE OF MINNESOTA ACQUISITION MANAGEMENT SPECIALIST The State of Minnesota is preparing a solicitation for bulk purchases of diesel and gasoline products. The purchase program will be based on two price strategies: 1. Fixed Price Program - This will require a participating agency or entity to be: · Located primarily in the seven county metropolitan area unless otherwise approved, · to agree and comply with the terms and conditions of the Contract, · to be able to take either gasoline or diesel fuel in the required product type and as delivered by the Contract Vendor in quantities of at least 500 gallons per delivery, · to commit to a specific amount of the fuel for a ,monthly delivery, · to take 100 percent of the committed monthly amount at a fixed price contracted on its behalf. 2. Spot Price Program - This price program may be used by any participating agency/entity, on an as needed basis, and will require a participating agency/entity to be: · Located within the borders of Minnesota, · to agree and comply with the terms and conditions of the Contract, · to place orders 'directly with the Contract Vendor for its requested amount and product type; , · will pay the Contract Vendor the amount based on the Spot Price formula contracted which is the Daily Rack Average Price plus the Contract Vendor's Total Bid Constant (profiVoverhead/delivery cost) per gallon delivered. * NOTE: Your agency must be a current member of Cooperative Purchasing Venture (CPV) in order to participate in the Fuel Consortium Program. If you are not a current CPV Member and want to join the program, please contact Sherry Brown at 651.201.2404. CAREFULLY REVIEW THE FOLLOWING INFORMATION!!! Only those agencies that Will.~~,~~,~i.~ip~~i~.~~I~" t~~,.~.i.~ed~ri~e,.~~?9ram must complete the fuel questionnaire and return it to my attention "'''.<<____11;;;;_. Please be careful to provide accurate information. If YOU are reauired to obtain approval by your aovernina Board, plan accordinaly. Participation in the Spot Price Proaram does not require quantities to be submitted and may be used on an as needed basis by any State agencies and CPV members if they so choose. If you have any questions, please feel free to contact me by phone at 651.201.2436, by fax at 651.297.3996, or via E-mail (PREFERRED):iackieJinqer@state.mn.us. Thank you. a'E,'0"'"yi'''Y'RlI''''' "0" 'Q' "" -t '~""",c'.\ -Xi ".-' .; _;_, -'( -,:..-'- ,.-:.-> ,- .. j;, '<-..:.........:,..,: ::.,-.-.,.......,.:;:...>. '; .:..', -:""'-:", .. ";.A t:,::_.:":.,_.,,. ::_,.:',,:~_.,.. ',','" ....,.'._",.. ,~_........ ..--,..-.,- <.,........" -'" "-,"" , .. ".', , FUEL CONSORTIUM - OVERVIEW FIXED PRICE PROGRAM. The agencies listed on the Fixed Price Schedule are required to take 100% of its monthly quantity listed and the Contract Vendor is required to provide 100% of the monthly quantities contracted. If the original purchaser is unable to take all of the monthly committed gallons, the Contract Vendor will be responsible for contacting other locations participating in the Fixed Price Contract to determine if they are able to take additional gallons. If the Contract Vendor is able to ship the unused gallons from the original participating purchaser to another participating agency, there will be no cost to the original participating agency. If the Contract Vendor is unable to ship the unused gallons from the original participating purchaser to another participating agency, they may sell the unused gallons on the open market and either debit or credit the difference in price back to the original participating purchaser based on the open market sell price. If the Contract Vendor is unable to provide all of the monthly committed gallons to a participating member by the due date and time, the participating member may purchase the product on the open market and charge the Contract Vendor for any additional costs incurred. SPOT PRICE PROGRAM. In addition to a fixed price quantity for participants in the metropolitan area; the Contract will also be available to all State agencies and CPV members on a statewide basis to meet their fuel requirements. Purchasers will use the spot prices offered by the Contract Vendor. Quantities for spot price purchases are currently unknown but it is the intention of the Department of Administration to broadcast the availability of the Spot Price Contract to all State agencies and curren,t CPV members. If the Contract Vendor is unable to provide the order quantity to a State agency or CPV member by the required due date and time, the State agency or CPV member may purchase the product on the open market and charge the Contract Vendor for any additional costs incurred. I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'. .'... . ..,._..... . . . . . Only State agencies and CPV Members primarily located 'in the seven county Metropolitan area may participate in the Fixed Price Program unless otherwise approved. Once final Contracts are executed, the participating agency or entity will be notified of the price and the name of the Contract Vendor. The signature below agrees to all terms, conditions and prices of any Contract agreement entered into on its behalf by the State of Minnesota which includes, but is not limited to, taking 100% of the monthly fuel quantities submitted for the Fixed Price Program on the Fuel Order Form. There is no requirement to take any product using the Spot Price Program. AGENCY NAME: ADDRESS: CONTACT PERSON: PHONE NO.: TITLE: FAX NO.: E-MAIL: AUTHORIZED SIGNATURE: m,C:"'.k.jl::IM_~I::i:!) .p' .1"\;_ ~~~:'-:,~':':1t;1_~'_41:::'::~Q{M~~:~:S:,,<n:-~~g.; . ~1VJ.Im*j~S. ~itJOa ......... '. . "'~' , ..' '.' .....- 1!1 MEMORANDUM TO: Mayor and City Council Torry Kraftson, Assistant City Engineer 1-/<.,1< FROM: DATE: November 12, 2008 RE: Feasibility Study for 2009 Street Improvement Project (Project No. 2009-02) DISCUSSION Engineering staff would like to proceed with the 2009 Street Improvement Project. Authorization of a feasibility study is the first step in the process. It is proposed that the following streets be considered for the 2009 Street Improvement Project: The total length of the streets listed above is 2.1 miles. All of these streets were rated in poor or worst condition in the 2007 pavement management study. It is proposed to use a variety of pavement reconstruction methods to maximize the length of streets being reconstructed. The feasibility study will analyze pavement conditions, subsurface soils, curb needs, stonn sewer needs, watershed requirements, sidewalk considerations, street lighting, and utility needs. RECOMMENDA TION Staff recommends council pass a resolution authorizing the preparation of a Feasibility Study for street, water main, sidewalk, sanitary, stonn sewer and street lighting improvements for the streets listed above for the 2009 Street Improvement Project. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 2008- ,RESOLUTION ORDERING PREPARATION OF REPORT FOR 2009 STREET IMPROVEMENTS (Project 2009-02). ", .... ~ RESOLUTION 2008- RESOLUTION ORDERING PREPARATION OF REPORT FOR 2009 STREET IMPROVEMENTS (PROJECT 2009-02) BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 18th day of November 2008. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk .. . PROPOSED 2009 FEASIBiliTY STUDY AREA illwater ~ 1_, THE IIITHPlACE IF MINNESITA o 1000 2000 I ~ I SCALE IN 4000 I FEET <c ~ HARRIET STREET MARTHA STREET EVERETT STREET (SOUTH or MYRTLE) \f ~ ~ U',;. /' BOARD OF WATER COMMISSIONERS 204 North Third Street P.O. Box 242 Stillwater, MN 55082-0242 Phone: 651-439-6231 . FAX: 651-439-4061 November 4, 2008 Diane Ward 216 4th St N Stillwater, MN 55082 Re: Board of Water Commissioners Member Application Dear Diane I feel that Adam Nyberg would be a good candidate to serve on the Board of Water Commissioners. With his current experience on the City Council, and other City Commissions, Adam would also be able to act as liaison between The Board of Water Commissioners and the City Council. I recommend Adam Nyberg for the open position on the Board of Water Commissioners. "- APPROVING APPOINTMENT TO THE BOARD OF WATER COMMISSIONERS NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, hereby appoints the following to the Board of Water Commissioners to fill the unexpired term of Jay Kimble. Adam Nyberg term expires June 30, 2010 Adopted by Council this 18th day of November, 2008 Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk ,4 ~nillwater . .....~ --- ------=----~, Administration . l BOARD OF WATER COMMISSIONERS Members Date Appointed Ward Term Expires Bob Thompson appt'd 6/02 W2 30-Jun-08 re-appt'd 6/21/05 Stillwater, MN 55082 James O'Brien appt'd 2/6/96 WI 30-Jun-09 (unexpired term of Weaver) Stillwater, MN 55082 re-appt'd 7/97, 6/00, 6/03,6/06 Fourth full term Jay Kimble appt'd 6/07 W2 30-Jun-l0 Stillwater, MN 55082 The Board of Water Commissioners is organized per City Charter-Article XIII and manages and operates the city's water system. The Board consists of three members and are appointed by the City Council. The commissioners serve for a period of three (3) years. Rev. 6/07 " rltillVYater "-,--=---. ~---~, Administration ;, Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 11/14/2008 Re: Downtown Parking Commission I have received information that David Junker is interested to serve on the Downtown Parking Commission. It is recommended that Mr. Junker be appointed for a one year term so that expiration of terms are staggered with two terms expiring in 2010 and three in 2011. If appointed there will be only once vacancy on this commission. If Council wishes to appoint Mr. Junker to the Commission, they should pass a motion adopting Resolution 2008-_, approving appointment to the Downtown Parking Commission. " APPROVING APPOINTMENT TO THE DOWNTOWN PARKING COMMISSION NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, hereby appoints the following to the Downtown Parking Commission David Junker term expires January 1, 2010 Adopted by Council this 18th day of November, 2008 Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk ,. DOWNTOWN PARKING COMMISSION MEMBERS Members Business Date Appointed Term Expires Kevin LaCasse The Grand Garage appt'd 2/97 o 1-Jan-ll (Chair) (Fourth term) Michael Rice Resident appt'd 9/18/07 01-Jan-ll David Korte Resident appt'd 2/08 01-Jan-lO Curt Newcomb Resident appt'd 10/08 Ol-Jan-ll Robert Gag John Gannaway Police Chief 216 N. 4th St. Dennis Pasket Parking Enforcement Officer 216 N. 4th St. David Magnuson City Attorney 333 N. Main St. Also: Larry Hansen, Shawn Sanders and Mayor and City Council The Downtown Parking Commission is organized per Resolution No. 92-249 and amended per Resolution No. 2008-36. The Commission consists of seven members; one member shall be a Council representative (voting member) and six members shall be either downtown business or property owners or residents of the City. Members serve two year terms. The Downtown Parking Commission is established to oversee the development and implementation of the Downtown Parking Plan. This includes planning for long-range parking lot improvements and day-to-day regulation of public parking spaces. Rev. 10/08 MAGNUSON LAw FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OffICE BUILDING 333 NORTH MAIN STREET' SUITE#202 . STILLWATER, MN 55082 TELEPHONE: (651)439-9464 . FAX: (651)439-5641 WWW.MAGNUSONLAwFIRM.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: November 6, 2008 RE: Encroachment Issue - Washington Park As part of the renovation of Washington Park, a survey was performed to locate the boundaries of the Park with certainty. Pins and monuments were found that were placed based upon the perfected plat of the City. This new survey revealed that the west line of the Park was actually approximately 10-1/2 feet east of where it had been assumed to be. Since the dimensions of the Block are determined by the location of the westerly line, the easterly line of the Block was moved the same distance, resulting in the revelation that a garage and shed of the home located at 915 West Abbott Street, actually encroach on the Park. Further, a variance was granted to this property to allow the construction of an attached garage in 1991 with the assumption that with the variance, a garage could be constructed with a zero lot line against the Park on the basis that homes would never be built to the west of the garage. In 1991, a survey was not required regarding the location of the line, no doubt because of the expense of this sort of survey, and instead, the City relied on drawings and measurements provided by the owner. At this time, the City Council has several options with respect to this problem: 1. Since adverse possession cannot be obtained against the State, the City could require that these encroachments be removed. 2. Another option would be to grant the adjacent owner an ea,sement that would allow the encroachments to remain in perpetuity. Such an easement would allow the buildings to be rebuilt and replaced should they bum or deteriorate. 3. A further, The third option would be to grant a "license" to the adjacent owner that would allow the structures to remain in place and be maintained with the proviso that if the buildings were destroyed by fire or calamity, or to deteriorate to the point where they need rebuilding, the structures would be located on the owner's property and any remnants removed from the City land. My recommendation would be the license option, since with a license, at some point the correct boundary of the Park would be restored, but not required until the demolition or destruction of the encroaching buildings. A shrunken copy of this survey is included as an attachment to this memo. Inm Attachment 2 l " hi ~ j1i! ~. al~d ~~ b ~ ! ( u ~z> ~<< h O~ .. ~z > ~ ~ I~ r: i)u u ~ IJ ..~ ihi~ l';h Ii "I h~'! Ih ii8~hi~~i! iiUl KIt · l!ll~l!III!. i lllllllij!i il!! ll!!!lilli i ~ mih !11th HI allll!~iilill ,d.it h !!I i"li ;i'h'~ld! ~ mil! mi~1 ! i < !Ui,EII= ~ m if H~ln l f lMn I~J.! .: ..; ,.l.; .. II . . it D ~I g !I i!1 II d II. ~~i III 'I ih i'- ail !I' - . ~ IiU~~ ~ i11liEj ~ I ih 't: ~.. -~~ - \. ,,", .. "- "" '" ... <> y- o '" -- A. (PDJ "..., ,'-. m1l15 JJ1~!) IUnos .> ~--------r--------, ; '\ I I I I , I :H ~ k NOIJIr.'U. : S.N"S'4'lN U:J17....: I I I I I I ,I::: trd ! z th 1 ~ Irl I ~ II! I ~ 's' .l Ii fl-l- ~ u .,1 \ , , '~X~ ~ XV g ^ i X~ . ~ ~ " ~ ii * ., i L ~ ~ . ~ fi. I ! E! ~m f l ; ~!;I' i~ II " 'It i I! ~ u 51!tll II i Ii ! !EWI i~ ! Ii IUh II ,n .mn d I ~ I I I .. I " I <>, I ~ tl, '" ,.,...~:.,......, :,;;.; 1 umw !h.. iiP . .. 111 ~G ~> af!: ::l J~ III rr . UJU z! 0,; 1-1 lQ> UJ! z' c.:~ .. 8! ,Ii I! i I~iih D ~ ." .: ~ ~ ~. f~~ (tl= ~ . a . ~ r 01' Iii!! illl/ 9 H i h~i z ID~lId! . ;~.~. f)" . L"::R"",,.i! . !!I iil !ii tb t ~J I ' ~I ........ L , +-+- p:r-' ;>.m:'- I ~. I I :b :.ill ;;1 I~I; ~. 'II ~ '; " .~ ~.-.,;., !HI ~l ~ r----------------~-~-------- I ,,11'1 .Ii I <,.1 .11 I .~ I <>'" I I Larry D. Hansen City Administrator 216 Fourth Street North Stillwater, MN 55082 November 4, 2008 Dear City Council, Stillwater Junior High's Physical Education department would like to request the donation of the Frisbee golf equipment from the Browns Creek Park course. It was taken down due to theft and vandalism and is currently stored in the Northland Park building. I have inspected the equipment at the request of Larry Hansen, and have determined it is in good condition. Our plan would be to use the equipment to create a 9 hole course at Stillwater Junior High School. This would be a removable course so that we could prevent the same theft and vandalism that impacted the previous course. By allowing us this opportunity, one which we would likely never see on our own, you will give hundreds of students the opportunity to experience this great activity and lifetime sport. Please let me know if there is any additional information I can provide. I can be reached at the address below. Upon notification, I will help to create an official announcement for the local media and school board. Thank you for this incredible opportunity! Andy Ols Teacher Stillwater Jr. High School 523 W. Marsh Street Stillwater, MN 55082 651-351-6938w 651-430-0410h 0Isona@stillwater.k12.mn.us " Diane Ward ~ .J-. , Subject: FW: Constitutional Amendment From: Johnson, Craig [mailto:Oohnson@lmc.org] Sent: Wednesday, November 12, 2008 10:19 AM To: Diane Ward Cc: Higgins, Ann Subject: RE: Constitutional Amendment Diane - The water from the clean water, parks and trails, and arts and historic areas will all be allocated by the legislature. For the clean water funding, agency expenditures will be recommended by the state agencies and the Clean Water Council will serve as their advisory group, but the legislature will make all of the decisions. For environmental capital infrastructure proposals, however, they will probably not be holding hearings on individual city projects every year. They will almost certainly channel the money through the existing programs at the Public Facilities Authority (PFA). That money would mostly go through the TMDL grants program, the Phosphorus Reduction grants program, and the Small Community Wastewater Treatment grant and loan program, with some going to the Wastewater Infrastructure Fund grants program. It is also possible that some will go into the state Clean Water Revolving Loan program that provides discounted loans to qualified city water, sewer, and stormwater projects. The existing state project priority process would be used to rate eligible projects relative to each other. All projects would have to meet the requirements of the appropriate program and be technically approved by the Minnesota Pollution Control Agency to be considered. The PFA website is found at http://www.deed.state.mn.us/Communitv/assistance/pfa.htm. The requirements for projects for each of these programs can be found there, as well as the contact information for PFA staff. I would start with Jeff Freeman if you have questions. As for the arts money, the legislature will make the call. I have not been involved with the folks who worked on that part of the ballot measure, but that is more likely to be a series of legislative hearings on proposed projects in front of committees related to tourism, education, and historical spending. Having a legislator offer a bill for any specific project is probably the best approach, unless the state historical society includes it in their list of priorities, which would be even better. Hope this helps! Let me know if you need further information. - Craig Craig A. Johnson I Intergovernmental Relations Tel: 651.281.1259 I Toll free: 800.925.1122 I Fax: 651.215.4116 ciohnson<Q>.lmc.oro I www.lmc.oro League of Minnesota Cities 145 University Avenue West I Saint Paul, MN 55103 Connecting & Innovating since 1913 1 CITY OF STILLWATER PLANNING COMMISSION NOTICE OF M EffiNG MONDAY, 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, November 10, 2008, at 7 p.m. in the Council 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 prop-osed item. The l-hairperson will then ask if there is anyone present who wishes to speak for or against the proposed item. The Chair:Person may require a time limit on the number of minutes each member of the public may speak, nonnally fIVe minutes. Members of the public who wish to speak will be re~uested to step forward to the podium and must state their name and address. At the conclusion of all public testimony the Commission will close the public hearing and will deliberate and take action on the proposed item. 3.01 Case No. 08-40. 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. 3.02 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. 3.03 Case No. 08-46. A zoning text amendment to the sign regulations to Section 31-509 Subd. 8 through Subd. 11 related to signage in the BP-Business Park zoning district. City of Stillwater, applicant. 4. OTHER BUSINESS 4,01 Review and recommendation on Downtown Sidewalk Sign Policy CITY OF STILLWATER PLANNING COMMISSION NonCE OF SPECIAL MEETING WEDNESDAY, NOVEMBER 19, 2008 The City of Stillwater Planning Commission will meet on Wednesday, November 19, 2008, at 7 p.m. in the Council Chambers at Stillwater City Hall, 216 North Fourth Street. AGENDA 1, CALL TO ORDER 2. PUBLIC HEARINGS 2.01 Consider approval of the Draft 2030 Comprehensive Plan 3. OTHER BUSINESS General Ledger Qt;illwate~ Monthly Report User: colleen1 Printed: 11/13/0814:48:39 , " ;-; '" " n '" " M'"." ~') Period 01 - 10 Fiscal Year 2008 - 2008 2008 2008 2008 Description Budget Y-T-D Variance GENERAL FUND Revenue TAXES 7,214,509.00 3,664,875.06 3,549,633.94 LICENSES AND PERMITS 478,559.00 425,015.75 53,543.25 SPECIAL ASSESSMENTS 3,500.00 3,599.38 -99.38 INTERGOVERNMENTAL 958,816.00 823,381.42 135,434.58 CHARGES FOR SERVICES 1,213,502.00 849,531.39 363,970.61 FINES AND FORFEITS 120,700.00 102,762.37 17,937.63 MISCELLANEOUS 236,000.00 52,205.68 183,794.32 OTHER FINANCING SOURCES 1,217,466.00 0.00 1,217,466.00 11,443,052.00 5,921,371.05 5,521,680.95 Revenue 11,443,052.00 5,921,371.05 5,521,680.95 Expense MAYOR & CITY COUNCIL PERSONNEL SERVICES 77,225.00 67,439.26 9,785.74 SERVICES AND CHARGES 49,764.00 34,575.42 15,188.58 MISCELLANEOUS 19,150.00 14,894.90 4,255.10 DEPRECIATION 0.00 0.00 0.00 MAYOR & CITY COUNCIL 146,139.00 116,909.58 29,229.42 ELECTIONS PERSONNEL SERVICES 30,513.00 10,276.23 20,236.77 SUPPLIES 750.00 959.94 -209.94 SERVICES AND CHARGES 7,246.00 6,076.00 1,170.00 MISCELLANEOUS 2,500.00 244.10 2,255.90 CAPITAL OUTLAY 0.00 0.00 0.00 DEPRECIATION 0.00 0.00 0.00 ELECTIONS 41,009.00 17,556.27 23,452.73 MIS SUPPORT SERVICES PERSONNEL SERVICES 138,404.00 107,546.37 30,857.63 SUPPLIES 10,500.00 7,648.63 2,851.37 SERVICES AND CHARGES 27,336.00 19,110.84 8,225.16 MISCELLANEOUS 150.00 134.94 15.06 CAPITAL OUTLAY 89,000.00 50,497.31 38,502.69 DEPRECIATION 0.00 0.00 0.00 MIS SUPPORT SERVICES 265,390.00 184,938.09 80,451.91 FINANCE PERSONNEL SERVICES 344,061.00 271,982.05 72,078.95 SUPPLIES 6,700.00 1,951.22 4,748.78 SERVICES AND CHARGES 63,641.00 59,062.81 4,578.19 MISCELLANEOUS 1,750.00 1,580.94 169.06 CAPITAL OUTLAY 4,500.00 8,761.32 -4,261.32 DEPRECIATION 0.00 0.00 0.00 1 2008 2008 2008 Description Budget Y-T-D Variance FINANCE 420,652.00 343,338.34 77,313.66 ADMINISTRATION PERSONNEL SERVICES 444,493.00 267,170.79 177,322.21 SUPPLIES 5,700.00 1,326.22 4,373.78 SERVICES AND CHARGES 143,422.00 142,155.12 1,266.88 MISCELLANEOUS 4,650.00 2,294.37 2,355.63 CAPITAL OUTLAY 34,600.00 21,449.09 13,150.91 DEPRECIATION 0.00 0.00 0.00 ADMINISTRATION 632,865.00 434,395.59 198,469.41 LEGAUCITY ATTORNEY PERSONNEL SERVICES 122,873.00 97,958.65 24,914.35 SUPPLIES 1,500.00 2,416.60 -916.60 SERVICES AND CHARGES 161,775.00 131,777.50 29,997.50 MISCELLANEOUS 2,000.00 46.00 1,954.00 LEGAL/CITY ATTORNEY 288,148.00 232,198.75 55,949.25 PLANT/CITY HALL PERSONNEL SERVICES 0.00 0.00 0.00 SUPPLIES 17,000.00 9,478.26 7,521.74 SERVICES AND CHARGES 158,652.00 102,256.79 56,395.21 MISCELLANEOUS 1,250.00 232.31 1,017.69 CAPITAL OUTLAY 100,000.00 0.00 100,000.00 DEPRECIATION 0.00 0.00 0.00 PLANT/CITY HALL 276,902.00 111,967.36 164,934.64 COMMUNITY DEVELOPMENT PERSONNEL SERVICES 220,319.00 173,959.94 46,359.06 SUPPLIES 9,350.00 5,563.18 3,786.82 SERVICES AND CHARGES 94,610.00 114,554.93 -19,944.93 MISCELLANEOUS 2,100.00 2,606.67 -506.67 CAPITAL OUTLAY 8,100.00 809.21 7,290.79 DEPRECIATION 0.00 0.00 0.00 COMMUNITY DEVELOPMENT 334,479.00 297,493.93 36,985.07 POLICE PERSONNEL SERVICES 2,363,050.00 1,714,162.96 648,887.04 SUPPLIES 102,000.00 89,203.47 12,796.53 SERVICES AND CHARGES 193,295.00 70,627.45 122,667.55 MISCELLANEOUS 16,000.00 13,568.65 2,431.35 CAPITAL OUTLAY 295,300.00 255,524.87 39,775.13 DEPRECIATION 0.00 0.00 0.00 POLICE 2,969,645.00 2,143,087.40 826,557.60 FIRE PERSONNEL SERVICES 936,799.00 720,926.40 215,872.60 SUPPLIES 39,770.00 32,559.41 7,210.59 SERVICES AND CHARGES 125,482.00 33,396.93 92,085.07 MISCELLANEOUS 6,350.00 4,709.71 1,640.29 CAPITAL OUTLAY 240,900.00 36,826.58 204,073.42 DEPRECIATION 0.00 0.00 0.00 FIRE 1,349,301.00 828,419.03 520,881.97 INSPECTIONS PERSONNEL SERVICES 196,010.00 156,517.97 39,492.03 2 2008 2008 2008 Description Budget Y-T-D Variance SUPPLIES 8,700.00 5,265.58 3,434.42 SERVICES AND CHARGES 37,678.00 18,861.43 18,816.57 MISCELLANEOUS 14,608.00 5,256.24 9,351.76 CAPITAL OUTLAY 28,800.00 3,300.00 25,500.00 DEPRECIATION 0.00 0.00 0.00 INSPECTIONS 285,796.00 189,201.22 96,594.78 CIVIL DEFENSE SUPPLIES 50.00 82.43 -32.43 SERVICES AND CHARGES 5,961.00 2,215.48 3,745.52 MISCELLANEOUS 550.00 812.68 -262.68 CAPITAL OUTLAY 6,300.00 6,739.38 -439.38 DEPRECIATION 0.00 0.00 0.00 CIVIL DEFENSE 12,861.00 9,849.97 3,011.03 ENGINEERING PERSONNEL SERVICES 332,077.00 264,252.81 67,824.19 SUPPLIES 13,400.00 13,361.58 38.42 SERVICES AND CHARGES 40,621.00 16,334.88 24,286.12 MISCELLANEOUS 2,950.00 1,443.02 1,506.98 CAPITAL OUTLAY 3,500.00 3,152.96 347.04 DEPRECIATION 0.00 0.00 0.00 ENGINEERING 392,548.00 298,545.25 94,002.75 STREET PERSONNEL SERVICES 561,310.00 429,375.78 131,934.22 SUPPLIES 225,300.00 216,970.77 8,329.23 SERVICES AND CHARGES 328,421.00 215,207.76 113,213.24 MISCELLANEOUS 10,300.00 4,954.89 5,345.11 CAPITAL OUTLAY 383,800.00 309,484.24 74,315.76 DEPRECIATION 0.00 0.00 0.00 STREET 1,509,131.00 1,175,993.44 333,137.56 UNALLOCATED PERSONNEL SERVICES 454,716.00 427,598.50 27,117.50 SERVICES AND CHARGES 222,250.00 538,074.03 -315,824.03 MISCELLANEOUS 35,000.00 13,424.86 21,575.14 CAPITAL OUTLAY 0.00 0.00 0.00 DEPRECIATION 0.00 0.00 0.00 UNALLOCATED 711,966.00 979,097.39 -267,131.39 OPERATING TRANSFERS OTHER FINANCING USES 1,806,220.00 1,505,183.34 301,036.66 OPERATING TRANSFERS 1,806,220.00 1,505,183.34 301,036.66 Expense 11,443,052.00 8,868,174.95 2,574,877.05 Revenue Total 11,443,052.00 5,921,371.05 5,521,680.95 Expense Total 11,443,052.00 8,868,174.95 2,574,877.05 Grand Total 0.00 -2,946,803.90 2,946,803.90 3 General Ledger <Sillwate~ Monthly Report User: colleenl Printed: 11/13/08 14:52:33 '"' """'"'' " M'"""~') Period OJ - 10 Fiscal Year 2008 - 2008 2008 2008 2008 Description Budget Y-T-D Variance SPECIAL EVENTS FUND Revenue MISCELLANEOUS 30,000.00 15,000.00 15,000.00 OTHER FINANCING SOURCES 57,500.00 47,916.68 9,583.32 87 ,500.00 62,916.68 24,583.32 Revenue 87,500.00 62,916.68 24,583.32 Expense SPECIAL EVENTS SERVICES AND CHARGES 35,500.00 37,762.44 -2,262.44 MISCELLANEOUS 52,000.00 57,313.83 -5,313.83 SPECIAL EVENTS 87 ,500.00 95,076.27 -7,576.27 Expense 87,500.00 95,076.27 -7,576.27 Revenue Total 87,500.00 62,916.68 24,583.32 Expense Total 87,500.00 95,076.27 -7,576.27 Grand Total 0.00 -32,159.59 32,159.59 1 General Ledger ~iIlwater~ Monthly Report User: colleenl Printed: 11/13/08 14:53:21 Period 01 - 10 THE BIRTHPLACE Of MINNESOTA iJ Fiscal Year 2008 - 2008 2008 2008 2008 Description Budget Y-T-D Variance ST CROIX VALLEY REC CENTER Revenue REVENUES CHARGES FOR SERVICES 1,403,917.00 1,097,355.41 306,561.59 MISCELLANEOUS 60,000.00 0.00 60,000.00 OTHER FINANCING SOURCES 390,800.00 0.00 390,800.00 REVENUES 1,854,717.00 1,097,355.41 757,361.59 Revenue 1,854,717.00 1,097,355.41 757,361.59 Expense RECREATION CENTER PERSONNEL SERVICES 0.00 0.00 0.00 SUPPLIES 117,500.00 118,205.47 -705.47 SERVICES AND CHARGES 634,446.00 518,613.10 115,832.90 MISCELLANEOUS 18,500.00 7,091.06 11,408.94 CAPITAL OUTLAY 44,800.00 8,357.89 36,442.11 DEPRECIATION 0.00 0.00 0.00 OTHER FINANCING USES 454,169.00 0.00 454,169.00 RECREATION CENTER 1,269,415.00 652,267.52 617,147.48 FIELDHOUSE PERSONNEL SERVICES 0.00 0.00 0.00 SUPPLIES 6,200.00 6,515.39 -315.39 SERVICES AND CHARGES 249,721.00 184,623.41 65,097.59 MISCELLANEOUS 3,200.00 2,394.75 805.25 CAPITAL OUTLAY 60,000.00 0.00 60,000.00 FIELDHOUSE 319,121.00 193,533.55 125,587.45 LILY LAKE ARENA SUPPLIES 10,700.00 6,972.49 3,727.51 SERVICES AND CHARGES 164,678.00 115,879.11 48,798.89 MISCELLANEOUS 1,150.00 635.00 515.00 CAPITAL OUTLAY 286,000.00 150,146.36 135,853.64 LILY LAKE ARENA 462,528.00 273,632.96 188,895.04 Expense 2,051,064.00 1,119,434.03 931,629.97 Revenue Total 1,854,717.00 1,097,355.41 757,361.59 Expense Total 2,051,064.00 1,119,434.03 931,629.97 Grand Total -196,347.00 -22,078.62 -174,268.38 1 General Ledger c5tillwate~ Monthly Report User: colleenl Printed: 11/13/0814:57:10 THE~IRTHPlACE OF MINNESOTA '~ Period 01 - 10 Fiscal Year 2008 - 2008 2008 2008 2008 Description Budget Y-T-D Variance LmRARY FUND Revenue CHARGES FOR SERVICES 35,000.00 31,188.69 3,811.31 MISCELLANEOUS 37,000.00 21,370.48 15,629.52 OTHER FINANCING SOURCES 1,110,325.00 856,729.18 253,595.82 1,182,325.00 909,288.35 273,036.65 Revenue 1,182,325.00 909,288.35 273,036.65 Expense LmRARY OPERATIONS PERSONNEL SERVICES 731,166.00 573,625.99 157,540.01 SUPPLIES 104,640.00 64,911.19 39,728.81 SERVICES AND CHARGES 58,556.00 44,449.12 14,106.88 MISCELLANEOUS 2,750.00 -1,160.11 3,910.11 CAPITAL OUTLAY 65,250.00 8,545.12 56,704.88 DEPRECIA nON 0.00 0.00 0.00 LmRARY OPERATIONS 962,362.00 690,371.31 271,990.69 LIBRARY PLANT PERSONNEL SERVICES 94,775.00 72,117.02 22,657.98 SUPPLIES 11,800.00 5,461.54 6,338.46 SERVICES AND CHARGES 94,388.00 70,138.02 24,249.98 MISCELLANEOUS 2,000.00 2,017.15 -17.15 CAPITAL OUTLAY 17,000.00 2,271.21 14,728.79 LmRARY PLANT 219,963.00 152,004.94 67 ,958.06 Expense 1,182,325.00 842,376.25 339,948.75 Revenue Total 1,182,325.00 909,288.35 273,036.65 Expense Total 1,182,325.00 842,376.25 339,948.75 Grand Total 0.00 66,912.10 -66,912.10 1 General Ledger <Sillwater~ Monthly Report User: colleenl Printed: 11/13/08 14:58:59 TH~IATHPlAC~ OF MINNESOTA ~ Period 01 - 10 Fiscal Year 2008 - 2008 2008 2008 2008 Description Budget Y-T-D Variance PARKS FUND Revenue LICENSES AND PERMITS 1,500.00 1,110.85 389.15 INTERGOVERNMENTAL 0.00 0.00 0.00 CHARGES FOR SERVICES 12,000.00 13,040.98 -1,040.98 MISCELLANEOUS 16,000.00 31,967.85 -15,967.85 OTHER FINANCING SOURCES 920,245.00 598,454.18 321,790.82 949,745.00 644,573.86 305,171.14 Revenue 949,745.00 644,573.86 305,171.14 Expense PARK PERSONNEL SERVICES 527,510.00 413,158.22 114,351.78 SUPPLIES 61,000.00 64,146.95 -3,146.95 SERVICES AND CHARGES 148,935.00 77,467.10 71,467.90 MISCELLANEOUS 10,200.00 1,859.67 8,340.33 CAPITAL OUTLAY 202,100.00 129,080.01 73,019.99 DEPRECIA nON 0.00 0.00 0.00 OTHER FINANCING USES 0.00 0.00 0.00 PARK 949,745.00 685,711.95 264,033.05 Expense 949,745.00 685,711.95 264,033.05 Revenue Total 949,745.00 644,573.86 305,171.14 Expense Total 949,745.00 685,711.95 264,033.05 Grand Total 0.00 -41,138.09 41,138.09 1 General Ledger <$iIlYYate~ Monthly Report User: colleenl Printed: 11/13/08 14:59:48 Period 01 - 10 THE B'"THPlACE D~ MINNESOTA ~ Fiscal Year 2008 - 2008 2008 2008 2008 Description Budget Y-T-D Variance WASH CO RECYCLING Revenue INTERGOVERNMENTAL 33,378.00 34,050.00 -672.00 MISCELLANEOUS 0.00 0.00 0.00 33,378.00 34,050.00 -672.00 Revenue 33,378.00 34,050.00 -672.00 Expense WA CO RECYCLING PERSONNEL SERVICES 0.00 0.00 0.00 SERVICES AND CHARGES 11,000.00 1,111.91 9,888.09 MISCELLANEOUS 22,378.00 12,192.06 10,185.94 WA CO RECYCLING 33,378.00 13,303.97 20,074.03 Expense 33,378.00 13,303.97 20,074.03 Revenue Total 33,378.00 34,050.00 -672.00 Expense Total 33,378.00 13,303.97 20,074.03 Grand Total 0.00 20,746.03 -20,746.03 1 General Ledger ~iIlwater~ Monthly Report User: colleenl Printed: 11/13/08 15:04:47 , "' .."",,,,, " M'." ..~') Period 01 - 10 Fiscal Year 2008 - 2008 2008 2008 2008 Description Budget Y-T-D Variance DARE FUND Revenue MISCELLANEOUS 500.00 0.00 500.00 OTHER FINANCING SOURCES 2,500.00 2,083.30 416.70 3,000.00 2,083.30 916.70 Revenue 3,000.00 2,083.30 916.70 Expense DARE SUPPLIES 3,000.00 831.21 2,168.79 DARE 3,000.00 831.21 2,168.79 Expense 3,000.00 831.21 2,168.79 Revenue Total 3,000.00 2,083.30 916.70 Expense Total 3,000.00 831.21 2,168.79 Grand Total 0.00 1,252.09 -1,252.09 1 General Ledger Otillwate~ Monthly Report User: colleenl Printed: 11113/08 15:07:36 ,.;-;",."",,, M'.."~':l Period 01 - 10 Fiscal Year 2008 - 2008 2008 2008 2008 Description Budget Y-T-D Variance SEWER FUND Revenue TAXES 0.00 0.00 0.00 SPECIAL ASSESSMENTS 0.00 0.00 0.00 CHARGES FOR SERVICES 2,134,000.00 2,178,625.32 -44,625.32 MISCELLANEOUS 101,000.00 41,395.43 59,604.57 OlliER FINANCING SOURCES 0.00 0.00 0.00 2,235,000.00 2,220,020.75 14,979.25 Revenue 2,235,000.00 2,220,020.75 14,979.25 Expense SEWER PERSONNEL SERVICES 317,218.00 254,308.70 62,909.30 SUPPLIES 25,000.00 26,120.38 -1,120.38 SERVICES AND CHARGES 1,699,123.00 1,446,812.70 252,310.30 MISCELLANEOUS 2,000.00 5,345.74 -3,345.74 CAPITAL OUTLAY 738,500.00 68,580.94 669,919.06 DEPRECIATION 264,000.00 0.00 264,000.00 OlliER FINANCING USES 40,000.00 0.00 40,000.00 SEWER 3,085,841.00 1,801,168.46 1,284,672.54 III SUPPLIES 10,000.00 7,462.24 2,537.76 SERVICES AND CHARGES 31,500.00 58,596.18 -27,096.18 CAPITAL OUTLAY 0.00 25,909.32 -25,909.32 III 41,500.00 91,967.74 -50,467.74 Expense 3,127,341.00 1,893,136.20 1,234,204.80 Revenue Total 2,235,000.00 2,220,020.75 14,979.25 Expense Total 3,127,341.00 1,893,136.20 1,234,204.80 Grand Total -892,341.00 326,884.55 -1,219,225.55 1 General Ledger ~iIlwate~ Monthly Report User: colleenl Printed: 11/13/08 15:01 :08 Period 01 - 10 TH~IRTHPlACE O~ MINNESOTA ~ Fiscal Year 2008 - 2008 2008 2008 2008 Description Budget Y-T-D Variance STORM SEWER FUND Revenue SPECIAL ASSESSMENTS 0.00 0.00 0.00 CHARGES FOR SERVICES 485,904.00 486,312.00 -408.00 MISCELLANEOUS 32,000.00 9,755.88 22,244.12 517 ,904.00 496,067.88 21,836.12 Revenue 517,904.00 496,067.88 21,836.12 Expense MISCELLANEOUS PERSONNEL SERVICES 216,407.00 174,262.77 42,144.23 SUPPLIES 3,000.00 5,884.67 -2,884.67 SERVICES AND CHARGES 128,503.00 89,465.92 39,037.08 MISCELLANEOUS 33,561.00 33,930.72 -369.72 CAPITAL OUTLAY 0.00 0.00 0.00 DEBT SERVICE 0.00 0.00 0.00 DEPRECIATION 1,600.00 0.00 1,600.00 OTHER FINANCING USES 150,000.00 0.00 150,000.00 MISCELLANEOUS 533,071.00 303,544.08 229,526.92 OPEN PERSONNEL SERVICES 0.00 0.00 0.00 SERVICES AND CHARGES 0.00 0.00 0.00 OPEN 0.00 0.00 0.00 Expense 533,071.00 303,544.08 229,526.92 Revenue Total 517,904.00 496,067.88 21,836.12 Expense Total 533,071.00 303,544.08 229,526.92 Grand Total -15,167.00 192,523.80 -207,690.80 1 General Ledger ~iIlwate~ Monthly Report User: colleenl Printed: 11/13/08 15:01 :40 THE BIRTHPLACE OF MINNESOTA ~ Period 01 - 10 Fiscal Year 2008 - 2008 2008 2008 2008 Description Budget Y-T-D Variance SIGNS & LIGHTING FUND Revenue CHARGES FOR SERVICES 370,000.00 370,636.00 -636.00 MISCELLANEOUS 0.00 0.00 0.00 370,000.00 370,636.00 -636.00 Revenue 370,000.00 370,636.00 -636.00 Expense SIGNS & LIGHTING PERSONNEL SERVICES 90,225.00 74,100.85 16,124.15 SUPPLIES 18,800.00 12,424.26 6,375.74 SERVICES AND CHARGES 231,742.00 190,363.61 41,378.39 MISCELLANEOUS 500.00 0.00 500.00 CAPITAL OUTLAY 2,500.00 0.00 2,500.00 DEPRECIATION 300.00 0.00 300.00 OTHER FINANCING USES 28,433.00 0.00 28,433.00 SIGNS & LIGHTING 372,500.00 276,888.72 95,611.28 Expense 372,500.00 276,888.72 95,611.28 Revenue Total 370,000.00 370,636.00 -636.00 Expense Total 372,500.00 276,888.72 95,611.28 Grand Total -2,500.00 93,747.28 -96,247.28 1 General Ledger ~iIlwater~ Monthly Report User: colleenl Printed: 11/13/0815:02:17 THE BIRTHPLACE' OF MINNESOTA ~ Period 01 - 10 Fiscal Year 2008 - 2008 2008 2008 2008 Description Budget V-T-D Variance PARKING FUND Revenue LICENSES AND PERMITS 40,000.00 28,895.00 11,105.00 CHARGES FOR SERVICES 143,000.00 116,387.70 26,612.30 FINES AND FORFEITS 85,000.00 23,463.33 61,536.67 MISCELLANEOUS 16,000.00 974.03 15,025.97 284,000.00 169,720.06 114,279.94 Revenue 284,000.00 169,720.06 114,279.94 Expense PARKING PERSONNEL SERVICES 103,157.00 81,675.34 21,481.66 SUPPLIES 15,200.00 3,302.12 11,897.88 SERVICES AND CHARGES 46,872.00 47,575.79 -703.79 MISCELLANEOUS 1,000.00 7,579.28 -6,579.28 CAPITAL OUTLAY 28,000.00 44,969.63 -16,969.63 DEBT SERVICE 0.00 0.00 0.00 DEPRECIA nON 30,000.00 0.00 30,000 .00 OTHER FINANCING USES 0.00 0.00 0.00 PARKING 224,229.00 185,102.16 39,126.84 RIVERVIEW PARKING LOT-3RD ST SERVICES AND CHARGES 17,388.00 13 ,041. 00 4,347.00 RIVERVIEW PARKING LOT-3RD ST 17 ,388.00 13,041.00 4,347.00 Expense 241,617.00 198,143.16 43,473.84 Revenue Total 284,000.00 169,720.06 114,279.94 Expense Total 241,617.00 198,143.16 43,473.84 Grand Total 42,383.00 -28,423.10 70,806.10 1 ....... Washington ~ ~County Dennis C. Hegberg, Chair District 1 Bill Pulkrabek District 2 Gary Kriesel District 3 BOARD AGENDA Myra Peterson, Vice Chair District 4 R.H. Stafford District 5 NOVEMBER 18, 2008 - 8:45 A.M. 8:45 Oath of Office Administered to Lisa Weik, Commissioner District 5 by the Honorable Judge Elizabeth Martin 1. 9:00 2. 9:00 3. 4. 5. 9:10 9:20 9:20 6. 9:25 7. 8. 9:40 9:50 9. 10. 10:05 Roll Call Pledge of AllegiarJce Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Governnt{!whether or not the issue is listed on this agenda. Persons who wisho address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, tltfJ'our name and address, and present your ([)mments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not reloJlto an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate tirIheduled agenda items. Resolution of Appreciation for R,H. Stafford Consent Calendar Property Records and Taxpayer Services - A. Classification as Non-Conservation & Sale or ConveYarJce of 10 Tax-Forfeited Parcels - Steve GrarJsee, Division MarJager B. Repurchase of Tax Forfeited LarJd - Kevin Corbid, Director Public Health and Environment - Lowell Johnson, Director Appeal of Solid Waste Hauler License - DarJ's Container Services, Ltd. - Mr. DarJiel Theobald 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 substantive bed action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. Board Correspondence Adjourn * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Date November 18 November 18 November 18 November 19 November 19 November 19 November 19 November 20 November 20 November 20 MEETING NOTICES Committee Time Location Finance Committee 10:30 a.m. Housing & Redevelopment Authority 3 :30 p.m. Mental Health Advisory Council 4:00 p.m. Counties Transit Improvement Board 8:30 a.m. Workforce Investment Board 8:30 a.m. Metropolitan Mosquito Executive Committee 9:00 a.m. Metro Transportation Advisory Board 1 :30 p.m. Minnesota Extension 5:00 p.m. Public Health Emergency Preparedness 6:00 p.m. Parks and Open Space Commission 7:00 p.m. Washington County Government Center 1584 Hadley Avenue North - Oakdale Washington County Government Center 100 Empire Drive - St. Paul 8444 Eagle Point Drive - Lake Elmo 2099 University Avenue West 390 Robert Street North - St. Paul Washington County Government Center Washington County Government Center Washington County Government Center Assistive listening devices are available for use in the County Board Room EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER ~ WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * NOVEMBER 18, 2008 The following items are presented for Board approval/adoption: DEPARTMENTIAGENCY ITEM Administration A. Approval of the October 28 and November 4,2008, Board meeting minutes. Accounting and Finance B. Approval of the Theft and Misuse Policy to bring county administrative policies into compliance with statutory requirements. Community COlTections C. Approval to amend Contract #4808 with BI Monitoring, Inc. for a tenn 11/20/07 - 12/31/08 and a cost up to and not exceeding $36,000. Community Services D. Approval of contract amendment number two for Contract #4110 with Employment Action program to modify the budget and length of the project with EAC and the Andersen Dislocated Worker Project. E. Approval of contract amendment number two for Contract #41 05 with Workforce Resource to modify the budget, number of participants served by Workforce Resource, and length of project with the Anderson Dislocated Worker Project. F. Approval of contract amendment number two for Contract #4106 with HIRED, Inc. to modify the budget, number of participants served by HIRED, and the length of project with the Andersen Dislocated Worker Project. G. Approval of Amendment #2 to the 2008 - 2011 contract with Haven Chemical Health Systems, LLC to add out-patient chemical dependency treatment services for adult women at their Scandia site, Rebecca's Residence. Library H. Approval of resolution approving the donation of the Library's hot air balloon basket to the Farnsworth Aerospace Elementary School in St. Paul, Minnesota. Public Works I. Approval of comments on the cities of Scandia and Cottage Grove Draft Comprehensive Plans. 1. Approval to enter into cooperative agreement with the Township of Grey Cloud Island providing for the sale of a county-owned truck. K Approval of resolution, authorization to enter into an agreement with the Minnesota Department of Transportation, to provide road life compensation to the county for the detour of traffic off of TH 95 onto county roads. L. Approval of contract to award Division 27B Elevator Modernization to Minnesota Elevator, Inc. for $145,230 to modernize two hydraulic passenger elevators located in the Law Enforcement Center. M. Approval of W ashington County/City of Cottage Grove Cooperative Agreement for CSAH 22 and Hardwood A venue traffic signal construction cost reimbursement and maintenance. N. Approval of maintenance agreement between Washington County and Grey Cloud Island Township for the perfonnance of winter maintenance, including snow and ice removal of County Road 75, located in the township. O. Approval of resolution, award the bid for the lease of agricultural land in Lake Elmo Park Reserve and St. Croix Bluffs Regional .Park for 2009 and enter into Agricultural Lease Agreements with Gordon Tank (St. Croix Bluffs Regional Park) and Joe O'Malley (Lake Elmo Park Reserve). P. Approval and execution of licenses for the Star Trail Association to operate snowmobiles and to build and maintain trails within the parameters of Cottage Grove Ravine Regional Park, Lake Elmo Park Reserve and the Hardwood Creek Regional Trail cOlTidor. * Consent Calendar itemsare generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action.