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Home My WebLink About2008-12-01 CC Packet TNt: a..TII'lAI:I OF MUlIEI.TA AGENDA CITY OF STILLWATER CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street DECEMBER 1, 2008 (MONDAY) MEETING DATE CHANGED REGULAR MEETING RECESSED MEETING CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Restricted Waters Discharge Assessment - Bob Barth, Bonestroo 2. Library Update - Richard Edstrom / "...~ /:, "', # 5. City E.9gineer/~WB , )7. Finance Director a. Discu'ssion o~the widtti ~ of Che!tnut Stre'et .....)./ 6. Cit\l<:,ome) 8. City Administrator ~~ . ,~~ ~~ 7:00 P.M. AGENDA) ..... CALL TO ORDER ~...... \" ROLL CALL ~ ...."'\. PLEDGE OF ALLEGIANCE /' ,~. ) APPROVAL OF MINUTES - Possi5Ie....app~oval of.th~e November 18,2008 regular meeting minutes PETITIONS, INDIVIDUALS, BOG~~N~ &IC~MMENDATIONS 1. Possible approvaroi"~qllffiCt'fpr'i009 Stillwater Marathon (Resolution - Roll Call) (Moved from 4:30 meeting)~' "\ J. OPEN FORUM A . \ '"' '> The Open Foru'm~s">a pprtion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The~ eouncil may take action or reply at the time of the statement or may give direction to staff rega~di~g investigation-of the concerns expressed. Out of respect for others in attendance, please limit your comm~iits to 5 minutes or less. ..c::: ,,'- I ~~> ...... ... C9NSENl AGENDj\* (Roll Call) ~Re~oJ.ution~2008-163, directing payment of bills 2. Pbssibleiollover of capital funds - Library 3. R~plution 2008-164, accepting work and ordering final payment for Phase II Utilities Project (Project 2006-09 A & B) 4. Resolution 2008-165, approving maintenance agreement with PWC for Public Works Radio System 5. Resolution 2008-166, adopting Lake Elmo Bank assessment 4:30 P.M. 7:00 P.M~ , ~.. , ~ '1' -~ ,(). ) ~f 4:30 P.M. AGENDA STAFF REPORTS 1. Police Chief 3. City Clerk 2. Fire Chief Paid-an-call Staffing Request 4. Community Dev. Director Nuisance property update PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or less. 1. This is the date and time for a public hearing for Truth in Taxation. Notice was published in the Stillwater Gazette on November 24, 2008. 2. Case No. 08-46.This is the date and time for a public hearing to consider a request from the City of Stillwater for a zoning text amendment to the sign regulations, Section 31-509, Subd. 8, related to signage in the BP-Business Park zoning district and any variances related thereto. Notice was published in the Stillwater Gazette on November 21, 2008. (Ordinance - 151 Reading - Roll Call) 3. This is the date and time for a public hearing to consider approving the Review Draft of the 2030 Comprehensive Plan. Notice was published in the Stillwater Gazette on November 25, 2008. COMMUNICA TIONS/REQUESTS '''' ~ . \ / <.... -/ 2. Possible approval to donate Frisbee Golf Equipment to Stillwater Junior High SchOOl ., Y NEW BUSINESS ./~. \ ~ 1. Possible appointment/reappointment for Planning Commission (Resolutio''h~-;;:: RolI,Call) L 2. Possible appointment/reappointment for Park & Recreation Commission (Reso!uti6n,vRbll Call) 3. Possible approval of acquisition of property in the Myrtle Street Ravine (Resolufiol] -,Roll Call) 4. Donation -Washington County Historical Society ( , -.. ,< ~, PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) C ~-<;: ~ ........- UNFINISHED BUSINESS 1. Capital Purchases COUNCIL REQUEST ITEMS , '.., STAFF REPORTS (continued) ~ ~... '\~,. ).. ~ ADJOURNMENT /~ "v * All items listed under the consent agenda are co~sipered to be routine by the City Council and will be enacted by one motion. There will"b~no 's~parate!discussion on these items unless a Council Member or citizen so requests, in which e~e~,~h~mS~ill.t5e removed from the consent agenda and considered separately. / c- ~ ) ). /, --- "" } ~ ' "Y L... "} ., /' "-:......l ..,' ), l ~ "\. '" '- I'" . " ) ~o;f' Page 2 of 2 · lwater TNE I..T.PLACE Of ....II.T.. CITY COUNCIL MEETING November 18, 2008 REGULAR MEETING Mayor Harycki called the meeting to order at 7 p.m. \. " Present: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor H[1rycki ~ Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnolag Finance Director Harrison ,,--, Fire Chief Glaser " Police Chief Gannaway Public Works D.irector~an. a~. . \ City Clerk Ward "":\.., _ " .. J! Mayor Harycki noted the P~Qg of forrn~e~.co. u. ~ilme'mbers Ann Bodlovick and Ed Simonet. ~'~)j '( . A ~ ./\... "?3 PLEDGE OF ALLEGI~~€E~~ Mayor Haryck~~the Counciran~ence in the Pledge of Allegiance APPROVALOF~UTES Motion bY_GOUncil~ber~ag, Se~nded by Councilmember Polehna to approve the October 28, 200,8~regula\and retessed m~~ting minutes and the November 6,2008 special meeting minut6s. All in'}favor. y ~,,'--- , PETITIONS}.INaIVIOlJAI.:S, DELEGATIONS & COMMENDATIONS 2009 Mara~).st. ~ Events Dave ECk~, St. Croix Events, updated the Council on plans for the first-ever marathon. Four races will be held - a 12K, 20-mile, half-marathon and marathon and the races will be held Sunday, May 24, 2009, beginning at 7 a.m. The start lines for the four races will be somewhat different but all will be south of the Andiamo office. The finish line for the 12K and half-marathon will be in Pioneer Park, with the 20-mile and marathon finishing in Lowell Park. Mr. Eckberg reviewed a map of the proposed route(s). He said mailings would be done to all residents on the route(s), explaining plans and giving a contact number for questions/concerns. He also stated staff persons City Council Meeting November 18, 2008 would be located on each block in the residential areas of the routes to assist persons who need to impact the route; he also spoke of plans to have block captains to assist in the various neighborhoods. He reviewed the times runners would pass through various locations on the course(s). He spoke to plans for garbage removal; the provision of and removal of porta-potties; provision of water stops and aid stations and emergency plans. Mr. Eckberg also addressed plans for parking for participants, likely either at Andersen corporate or Washington County Government Center and barricading the public parking lots in downtown Stillwater until after the race start. He reviewed some of the accompanying events, such as a pasta feed and handing out gO"bdie bags'.p[omoting local businesses, as well as an ecumenical worship service,/{ ~\ /-.. '\. \ " . Mr. Eckberg also addressed the potential economic impact of the'races; Jennifer Severson, Greater Stillwater Chamber, provided son;e-a1ra abo~Mtle~ econon\jt impact. Ms. Severson reviewed the Chamber's position on~he marathon p(op.osal an~ the Chamber's five suggestions regarding the prop6~aL~On a q~stion by'M~Y.'6'r Harycki, Mr. Eckberg said there will be no COmmerCia~-::~,"d<lr$'in.lP{p~k.} y Police Chief Gannaway said he thOU9ht,tt::~arathon~uld woriyNilh the proposed route but said there are some issues th~ 'CounciLshould b~a~are of - the proposed route requires come type of traffic.~ntrJI~aT82 intersections,)so the potential for delay, and complaints, exists at any oMheinters~ctio~ pote'ritial disruption of Sunday morning church traffic; route...vfill ha~e~b be marked andJposted the day prior to the race, which could cost up t6'$500 in personnel cost..aiid cost of additional signage; regarding personnel, Chief GaXhaway s8'id this wo'"l:i'id be a voluntary assignment for the Stillwater Department10 officer~rom othe('juhsdictions would be brought in to complete the needed"3~!J:~ per~-Rnnel the ~~nt will require. Chief Gannaway also noted volunteers'will neea~pr~er~uipment and some training; Mr. Eckberg stated he will be using)li'e~e people as~be ~oes for Lumberjack Days, people who have had quite a ~xperien~training. ~ Mr. Eckberg stated~e City ~ill be reimbursed 100 percent by St. Croix Events for any costs,:""Chief Gannaway state'd;a possible towing program brought up by Mayor Harycki /a."'....<iIV1i., Eckberg iikely w. i~n'Of work due to liability issues among other issues. Chief A6anna~a~ also exp?es~.el concern about the finishing point at Pioneer Park due to 16<gis~ic JridJraffic con.t}61 issues; he also spoke to the importance of submitting a safety plan~of'appr~tf" spoke of the potential for delayed Fire/EMS response time to various'parts of the City during the event. Fire Chief Glaser said the concern regarding parking"'''is~""QtjUst for the route itself, but significant one-side parking may be required on adjacen!,streets to provide access for emergency vehicles. Chief Glaser also spoke of possiblJ' staffing issues due to the holiday weekend. Chief Glaser stated he thought the event was do-able but noted there is a significant amount of work that needs to be done to be sure things run smoothly. Mayor Harycki asked about any liability for the City. City Attorney Magnuson responded that if the City takes great care in developing a budget, assigning out staff and has a decent plan, the City has discretionary immunity. In addition, Mr. Magnuson suggested Page 2 of 12 City Council Meeting November 18, 2008 the City should purchase a liability insurance policy through the League of Cities to cover the City to the tort immunity level. Mr. Eckberg suggested the insurance issue is similar to Lumberjack Days, except it is a different insurance policy. Mayor Harycki stated that he wanted to be sure the event has a positive impact on downtown and called for the Chamber and S1. Croix Events to work closely together to ensure that is the case. Councilmember Gag said he was definitely in favor of the concept, but suggested more detail is needed and things documentecl....Councilmember Gag suggested the possibility of a special use fee, such as a fee:'penu~r...that can be used for downtown beautification, and he suggested a simila~se fee should"be utilized for other events that make use of Lowell Park and impact.dow{l,!~wn. Coun~iLTrmber Gag suggested having several Councilmembers appointed to work with the Ol;1amber and CVB and marathon organizers to come to som~~.type'of agr~rffenUsolutibA in the next several weeks. Councilmember Milbrandt said he saw~he pro~~1 as a!positive and that he was somewhat surprised at the con~r~s of thej~bwntowri'g~d"'6s, pointing out that other than roping off of the public parking lots~tbE/{iS ~ott1il1g ~ut positive in having the start and finish in downtown. Cotfn~ilmem~r Milbrandt Jfuted he was more concerned with having two of the racesihd at P1bneer Pa~~ln ~~SeIY populated area of town, suggesting a possible finisQ~for those~r13ces at"Sfonebridge School. Mr. Eckberg spoke of the reasons.f.~~h~f.C'.(of.eion!'ei'...p.ark).f the finish for those races. ..' ~ .)) Motion by Councilmember Milbra4econded, bY,. Co~ihnember Nyberg to give concept approval and have S1. Croix Events work with thefhamb~f and City Attorney Magnuson on final details to be brought ba& to the C6uncil at the,ITec~mber 1 meeting. Councilmember Gag and ~~gg~ed addin~Orking with the CVB, as well as the Chamber. 7~ ~ councilmember{M.i1bJand~~ Nyberg agreed to add that as an amendment to the motion. All in favor.. ,V } Motion...~u~cilmember:.rolehna, seconded by Councilmember Nyberg to appoint Co~~i~emb~r Fag and Maioi1Harycki to work with S1. Croix Events and the Chamber on the final detail~. Alllin~favor. y C~~-~1na acknowledged Stillwater resident David Francis, who spoke in support"of'th~marathon both for the economic impact and the community-building aspect of1aees. Mr. Francis explained he sought out Mr. Eckberg to assist in organizing and mana~ng an event in honor of his son, Jon Francis, a member of the national championship Pony track team, who died in an accident in 2006; the half-marathon will be a named event, the Jon Francis Half-Marathon. Mayor Harycki acknowledged the attendance of several Boy Scouts who were working on their Citizenship in the Community Merit Badge. Page 3 of 12 City Council Meeting November 18, 2008 OPEN FORUM No public comments. STAFF REPORTS City Clerk Ward noted the next Council meeting will be Monday, December 1, with a 4:30 and 7 p.m. session; packets will be delivered Wednesday, Novo:'\26, due to the Thanksgiving holiday. Ms. Ward also thanked the 141 election j.U'dges"'a~~staff members Sue Moore, Kathy Rogness, Jennifer Roeller, Mi~etOgge, Belh~OJf, Sheila Wiegand, Rose Holman, Rich Bornt, Dave Fleischhacker,.ehaCl~Rogness, Cody Denucci, Mike Hagen, and Dave Adams for their work in~prep~ration of and during the 2008 Primary and General elections. . ~ \.. j Public Works Director Sanders stated the Middle4-Croix Water Management Organization discussed the storm water cregits at thei~'la>,(~e)ting.anQ~a'pproved allowing the credits for municipalities onlYfl;:je~said th~City. would b~'receiving a revised resolution to sign in the near future; CoJncilme~ber Mili3'r'8~'dt note'd that all communities in the Water Management\6[9alJlzation~will h~vft6~pprove of the measure. ~ ( " _ _ , ; Mayor Harycki asked Mr. Sande(s,to'check'"Ori a pre~s question regarding the narrowing of Chestnut Streettds part-ot'the street impro~vement project. ~ ,,~~~.~ Finance Director Harrison told t~e Council~tfie, City Has been awarded the Certificate of Achievement for Finantial Repo)1ing for the'}I'consecutive year. City Administn;'!lfflotl~~ind~,the Council the Truth in Taxation hearing will take place on December 1. Mayor Aar:y'c~i~asked about the new sales tax revenues. Mr. Hansen saicf1he City". had received ~~emo from the League of Minnesota Cities and it '" m~ '" appears#'tha\grants that~will be issued from the sales tax revenues will be awarded to existing agenci~s;,,~arding'grants to arts organizations, and it appears the Legislature will~be.decidin9'tb~t~ssue a~H'advised that any arts groups looking to apply for grants /.O{'~ ght~to'cpnt act tAeyir~Stat~LegiSlators. Mayor Harycki asked for an update in spring. h.\." '4 CONSENT~ M~r~ryC~ that items 7-12 be pulled for further discussion. Motion by coun~mber Milbrandt, seconded by Councilmember Nyberg to approve the Consent Agenda'items 1-6 and 13. Ayes: Council members Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None 1. Resolution 2008-151, directing payment of bills 2. Resolution 2008-152, approving 2009 liquor and tobacco licenses Page 4 of 12 City Cauncil Meeting Navember 18, 2008 3. Resolution 2008-153, approving cantract with Lemicke far snawplawing services - Recreatian Center 4. Resolution 2008-154, approving 2009 Dack Permit far 8t. Craix Baat & Packet 5. Resolution 2008-155, approving 8t. Croix Catering management agreement far Recreatian Center 6. Resolution 2008-156, approving agreement with Washingtan Caunty Canservatian District ~ 7. Passible 3pprov31 to. purch3se two. bptaps far /\dm)j.istr3tian~3nd..Firo Dep3rtmonts / J... " \ 8. Passible 3pprov31 to. purch3se 3 calar scanner farEngineering, Cb,mmunity Develapment 3nd Building .. '" 1 9. Passible 3pprov31 to. purch3se two. camputers for the Palice Dep3rt~ent 10. Passible 3pproV31 to. purch3se digit31 ~aJ~ recard,Rrs PoI~e.....o;~6rtment 11. Passible 3pproV31 to. purch3se se'Ner"camera SO\\~r Dep3rtyment 12. Passible 3pprov31 to. purchase.tr. affjf cau'nt~~r...'" ) 13. Possible approval of utility bill ai;lJu'strll~'"t ~ . Regarding items 7-12, Mayar Harycki s((ke af tbe.state afthe ecanamy, nating that the City currently has a hiring freeze ~a(nan~e~WJCY-S~vicei1a'hd that he wauld like the Council to consider a capital spel\diQ@ freeze for non-1rgenCY items as well. Councilmember Poiehna fe~t It~ll sew)-r.;::emera, to be an emergency item. Cauncilmember Gag,s'tJggeste~iVing same'discretian to. City Administratar Hansen as to. whether an item'isro.a~cessity,'btherwise 1J'k/wauld be camfartable with the propased spending freezetand that"h;-Wauld\secand the matian with that caveat. Mayar Harycki amended his*~n to. inclu~grantihg the City Administratar discretian in determining whether anfft-em is a~cessity. Ca~dlmember Nyberg said he thaught the Cauncil had dane a pitf\~Q~ad jG;,1:>,of crunching the budget aver the last two. years, and that he did nat want to. g\t in..U;E3" pasitia~. af strapping City staff with equipment that daesn't functian properly'. Caun~il~ember Pol~hna agreed with the freeze in cancept but said he had a g165lem 'when it hb~"s~Gentr~functians af the cammunity, like the sewer camera; if A.rh~se it}, ;s are left t~e"C;ty Administrator's discretion, he wouldn't have a problem with the proRasal. , " Chief~Ga~away explained the necessity af the two. requested camputer purchases far his dePa~m~Jlt (Item 9). Cauncilmember Milbrandt painted aut that the Cauncil had reviewed line~tems in setting the budget and suggested this was mare af a knee-jerk reactian ta'capital items than a prudent management af resaurces; he suggested changing the matian to. have all capital items came to. the Cauncil with justificatian to. be included in the agenda packet. Matian by Mayar Harycki, secanded by Cauncilmember Gag to. institute a capital spending freeze far nan-emergency items. Matian passed (4-1, Cauncilmember Milbrandt) Page 5 af 12 City Council Meeting November 18, 2008 Polehna asked how such capital requests would be handled - whether the Council would simply approve requests that City Administrator Hansen had reviewed and found necessary or review the requests line item by line item; Mayor Harycki and Councilmember Gag said they envisioned having Mr. Hansen review the justification for the requests, like the process used in this year's budget setting. It was consensus to send items 7-12 to Mr. Hansen for review. Councilmember Nyberg said he thought City staff does an outstanding job of going through the budget and wanted to assure staff that the Council would continue to support the services staff ne ed'S~~ UNFINISHED BUSINESS ~ Possible 2nd readinq of Ordinance 999. an Ordinance amendinq the Oharter of the OitY' of Stillwater . . / '"'\ "'" L City Attorney Magnuson stated that thIS IS housekeeRlng measure that~was brought to the City's attention by the Charter Commissi9~' '<<." )~. y Motion by Councilmember Nyberg, seconded b~nC.i1member,"YpOJehl"la..to adopt Ordinance 999, an Ordinance amending the Charter of th~\City of Stillwater ~/ A~\ Ayes: Councilmembers Gag, MilbrandtfNyberg, Polehna and Mayor Harycki Nays: None A " ' J' Server room update ,~~ ~ MIS Specialist HOI~~oted shenad been as~d to check into the feasibility of getting a waterless fir~pres~bn~ste~~Lnstalled ~in the server room before moving the server to a differenelocation at Gity'":Hall. She stated that she was advised there are a b ,\ number ~tt)ings that need to be donetto the room to prepare for such a system, includin.g se~Ii,~g o~0e+loom and additional electri?al work. She said she tho~ght something nee..asJo be donJ~and suggested spending $19,000 to protect equipment w~rth~~~out $99,~oq, not ta~i~g into consideration the value of protecting the data, is '1elnNo-0h the investmen~st<e said it is her recommendation to move the server Ae~iPm1nJ to the eXi~t\~g..May~r's. office ~s the room currently housing the equipment is very~m~JI~a~d there I?,"a security Issue With the current location. Mayor Haryckl sUggesfed~utiTIZing.th"e existing space by moving some Finance Department equipment and ~h}l"lging th'Etl~cks versus relocating the server equipment to the Mayor's office. City Ad~n~t~t.>ator Hansen noted that the proposal to move to the Mayor's office will address tlie>need for future space. Ms. Holman spoke to several advantages of moving, including ~cessibility for installation of the needed HV AC equipment, security and size. On a request by Mayor Harycki, this issue was tabled for future consideration. Page 6 of 12 City Council Meeting November 18, 2008 NEW BUSINESS Discussion of utilitv bill charqes Finance Director Harrison informed the Council that as a result of the last internal review it was discovered that 10 accounts had not been billed for services received, residents who had hooked up to City sewer were not being billed. Rast~Rractice has been to bill the customers back to the time of hookup for service?receiv~~he amount of back billing ranged from $11.70 to $3,015.20. She noted t~e has been,some concern regarding the fairness of the practice of back billin~~a71d asked the €guncil for direction. /' ~ }) Mayor Harycki noted that City Attorney Magnuson~Had look~d into th~i~su~of statutory limitations; Mr. Magnuson said he did not think.~y:Of the billi'Qgs would\~e,t5arred by the statute. Mr. Magnuson stated that he advis.ed Ms)-1arfl(on lhat\it is.ei~tirely within J'" ,,,' 'j.. the City's discretion to adjust the billing. Mayor~arycKi'st'ated he haa~heard the residents with the two largest back billin~~ who were loo'ki~,"for Qrftibns. City Administrator Hansen said he had recei'\lEld a cClU~fronJ a resid\n('vvho stated her opinion that people who receive~tt' se~Q,uld,;..b~billeg1"Mr. Hansen also stated that he received about three other~si'milar calls in the la1t'several weeks. Mr. Hansen stated that, in his opinion, bec~use the're was an error 0~4the City's part, if the Council does decide to back bill, the"'c~arge shbu)j~e ir;terest~ee, and the customer should be given a time to repay the back 'i:iIIing eq~~the tM;e of the error. Councilmember Ga~med t~est of the j>';ru;,Cil that he had received numerous phone calls fro)!l~folks ;no~b~lt~ve t~at everyone should pay their fair share and he thought t~e ~~ir~ay. of dealing..~~\would be that. suggested ~y. Mr. H~nsen - interest free, carrled'on a sA assessment'equal to the time of the onglnal mistake. Karen R~~' 2854 Ni9ht,~gale Court, stated that she and her husband had moved in;~~thefit~ se~e~~I~~ea.rs ad)> and hooked up to City se~er after ex~erienc!ng /,gro.blems. \wlth thel~"eRtJc ~ystem, but that she was surpnsed to receive a bill that stated A,rto be p\id December,~21She said they realize they do owe the money because they re~E!ived the services.a~d she thought it would be fair to acknowledge they had been re"'ce~i~!:rthe~iC'e'tor three years and have three years to pay back the money. She said\h~~thought it'is important for new customers to be informed about things such as '" '\. methocfs~}~~!.Iing/assessments, etc. The resident of1017 Fourth Avenue S., the person who had the largest bill, said she was shocked to receive the bill. She suggested that billing back to 1997 is something that she could not do to her business customers. She noted that as part of their purchase agreement, the sellers were to put in the septic, which may have contributed to the problem. Mayor Harycki pointed out that if the $3,000 is spread out over 10 years, payments would be just over $300 a year which could ease the financial burden. Page 7 of 12 City Council Meeting November 18, 2008 Ms. Harrison recommended that rather than a special assessment on the property taxes, the amount be carried as a balance on the City's sewer bill, which will give the City more control and discretion. Ms. Harrison said she would like the customers in question to call her office and let the City know how they want to make payments and stated that she would like to make the repayments as flexible as possible. Motion by Council member Milbrandt, seconded by Councilmember Nyberg directing the Finance Director to do the billing and give the customers in question as rnanY-y'ears as they were not charged to repay the amount, at no interest, with staff to conta;nhe.c~tomers individually regarding the arrangements. All in favor. ~ 1. Discussion on sidewalk siqn policy r" I '" ' I Community Development Director Turnblad noted..fIiat the ~~uncil had "c.,tppointed a task force to look at the issue of sidewalk signage inlh~'downtown~rea a~(j,ct1"arged that task force with putting together a recommended policy of~g1ideline~ for.p~rmitting such signs downtown. Mr. Turnblad said the rec~mendatio~ was taken)tb the Heritage Preservation Commission, and the HPO'U'nanirri(,usly recommended that the guidelines be adopted. The Planning Commission ~Jpp~~~djhe~g!Jid~lin~n a split (4-2) vote, he noted, with concerns regarding thl3~ost ~f...tbe 2!Jnual...sign pe)mit, concerns regarding state law which prohibits comme1ciJI"advertising ~ithin't~e right-of-way of state streets and other streets not in the City's ju1isdiction, and conce.r~s regarding liability. Mr. Turnblad said regarding th(cdncern o~l3~state ~atut( staff has discussed the issue with the Minnesota Dep.artment~f Trans~G~ation (rolnDOT) on several occasions and MnDOT has indicat~d"IDformally it is alright"witlythe policy. Regarding the liability concern, Mr. Turnblad",said-additi~hallanguaae"has been added to reduce any City liability that might~comefrom 'issui~g sign permits to utilize state right-of-way and MnDOT hasfdicat'ed it is airiQht.~hat language. counciln;(1ll0er NY~~Sked about the sign permit, whether it would be some type of sticker, and hoW~t~ignag~yvould be approved. Councilmember Gag, who served on the...tetsk force, 'r'es~onded thJbit would be a sticker similar to an annual license tab and a~Dsiniss owne;'w~uld ha. ~e to fill out paperwork regarding the proposed sign. /. .... '10 ra...."'T. A €ouncilmember Nybe\g asked about enforcement; Councilmember Gag said it was the fe~ling o~,the task forqe'that if the signage is going to be used, there should be some 9Uid~li~es"'a~ettype of permit. Fire Chief Glaser pointed out there may be situatio~s where a business cannot meet code for egress due to a sandwich board sign placem'eq,f; it~as suggested that language be added indicating signage is permitted contingentl,on meeting fire code. Mayor Harycki expressed a concern about the proposed -$50 permit fee, noting businesses are already paying property taxes; Council member Gag pointed out there are a number of businesses that will not be able to have sidewalk signage because of setbacks and the task force felt a permit fee that would be designated for downtown improvement projects would be a more fair approach. Councilmember Polehna pointed out that a change in MnDOT personnel could negate the whole policy and that he was a little nervous regarding a verbal agreement as suggested. City Attorney Magnuson stated the City will not get any more Page 8 of 12 City Council Meeting November 18, 2008 than a verbal okay from MnDOT and pointed out that in the not too distant future, there likely will be a turn-back of Main Street to City jurisdiction when a new bridge is constructed. City Attorney Magnuson stated MnDOT is comfortable with the policy and the City made changes in the language to accommodate their concerns. Mr. Turnblad noted there are other communities in the state in similar situations that have worked out informal arrangements with MnDOT. Councilmember Polehna expressed a concern about the appearance of some of the previous signs and asked if there is some protection in the guidelines. Councilmember Milbrandt suggested this&i~ good start that should be implemented on a trial basis for a year and evalu~ed-after t~at time to see if there are any minor changes that ought to be made~ "\.\ Motion by Councilmember Milbrandt, seconded by Councilmember Ny~rg to a~~~~.) Resolution 2008-157, approving Sidewalk Sign Policy, imRl6'ilitnted o~~a ~trial basis for a year and evaluated after that time to see if there are any minOr~nge~t o,Jg~P.i~ade Possible approval to enter into fuel purchase proqram ~l\i1nDBT ~ y Public Works Director Sanders revieweAosal~~i,ciPate"rn a fuel consortium purchase program through MnDOT. He~t~-1bere~are tw1,~pro~rams - a fixed price program, with a set price for fuel fo~he entire ~(iOd-ott~e C!.dn"ual contract, and a spot price program based on the dailfaverage price. He saia MnDOT and other agencies are recommending that partiGipants'n~)"~ubmit j 00 perc~nt of their monthly fuel usage for the fixed price program,1>erhaps 50'!;80'p'erc~t:;-s~s to allow for the possibility of lower fuel prices. On ~,qUestio~\bY Mayo"r.~~(tCki.""Mr. Sanders informed the Council that MnDOT would Ru~~he contr~ct out for bid ~December, typically the lowest month of the year for fuel-J1riceS':--Mr. Sa~~ers said to'k City could participate in the spot price program only it:the COU~i1"~desi}~s. On a question by Councilmember Milbrandt, Mr. Sanders said~th~is a contracHor"bbth diesel and unleaded gasoline. Motion by cour4elT1be'i:~9' seconde::; Councilmember Nyberg to adopt Resolution 2008-158, approval"to"entJr'into FJel Purchase Program with MN/DOT, at 50% fixed. Possible~q of f~~biiitY rep&tor 2009 Street Improvements A\ \l '\'/ Rublic ~orkl:? DirectorJSanders reviewed the proposed 2009 street improvement project. H~~~teCI~the!P.70posal includes both mill and overlay projects and total street reconst}uction;-R~ said the proposal includes about 2.1 miles; if costs come in too high, sc>m~st;eets might have to be eliminated. Mayor Harycki asked staff to look at some temRorary fix in front of the Post Office on Third Street. ~ Councilmember Gag stated that before entering into any feasibility study, it might be wise for the Council to decide on a long-term road improvement policy. Councilmember Nyberg said he is in favor of a long-term policy but suggested with the current state of the economy, it is the wrong time to be raising citizen contribution or instituting a blanket City fee. City Administrator Hansen pointed out that ordering the feasibility report is not tantamount to ordering the project and there will be opportunity before project approval Page 9 of 12 City Council Meeting November 18, 2008 to "pull the plug." Councilmember Polehna asked about the inclusion of Oak Glen Trail, saying he had received a number of calls about the condition of that street. Mr. Sanders pointed out the City have 16 miles of streets rated "poor" or worse, and the City is only doing 2 miles a year in its annual street improvement projects. Motion by Councilmember Nyberg, seconded by Council member Milbrandt to adopt Resolution 2008-159, ordering preparation of report for 2009 Street Improvements. Page 10 of 12 City Council Meeting November 18, 2008 Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2008-162, approving municipal license for encroachment on Washington Square Park, as recommended by the City Attorney. Ayes: Council members Gag, Milbrandt, Polehna and Mayor Harycki Abstain: Councilmember Nyberg Possible approval of donation of Frisbee Qolf equipment to Stillwater J~~ City Administrator Hansen informed the Council he was cett~ted by An~son, physical education teacher at Stillwater Junior High, w~Sk~~;!l1e City woul~ consider donating the Frisbee golf equipment to th7:d~niOr"'Hi9h. M~Hansen ~~id upon inspecting the equipment, Mr. Olson determined that abouh~ne hoie~of the]J'qUiPment can be salvaged, and Mr. Hansen suggested thcft~a),y' pub~~use of th~,~q,Uipment would be better than simply keeping it and letting it)o~>il1Slora~. ~. H..~nsen said the school proposes to take the equipment insi(j~).,hen n~t~h.use to pret,ent the past problem with vandalism. CouncilmemberNYbe~noted the 'equipm~t was donated to the City and asked whether the donor h~<l.bee!lJ'Onta~.d"7 Motion by Councilmember Milbrandt, s~'ded~ CO~ilm~l:>er Polehna to donate the equipment subject to the donor's, ~se R~ appry Councilmember Polehna asked~f the COU~OUld be open to the public; he noted that Frisbee golf is becomi~g increasihgly popu~<~nd.wondered whether the equipment is something the CitYJ{-P-afk.commi\;~n might)iRe to utilize. Councilmember MilbAwith~~iqn, Councilmember Polehna withdrew his second and Council dire~!~ the re'~uest to the Park~Commission. Staff was also directed to contact Sunrise Rotary,regcacding tbe)r.@quest. ~V ..~~ \. COMMUl\IlGATIOI\IS/RElilUESZ ~~mber ~~,noted the Human Rights Commission is meeting November. t~a ch~t,ge due to tQ\{Thanksgiving holiday. ,,~~ COUNCIL REQUEST ITEMS Mayor ~~ asked about the outcome of a previous issue regarding encroachment at Kolliner Park. City Attorney Magnuson stated that the survey shows that some improvements made by a private landowner are on encroaching on City property. St. Croix County asked that the City approve a variance to allow for the encroachment, and advised the Council that the City could not agree to and nothing else has occurred to date. There was a question as to whether the City could grant a license as it did for Washington Square. City Attorney Magnuson said the City could do that as it is a private landowner in Wisconsin, with no municipal powers. Councilmember Milbrandt Page 11 of 12 City Council Meeting November 18, 2008 pointed out that land will come into play when the new bridge is constructed and that he would not like any license issued before trail locations are determined. Councilmember Nyberg asked about issuing a temporary license, year by year, until the bridge issues are resolved. There was a question about liability; City Attorney Magnuson said an indemnity clause could be included in any license. STAFF REPORTS Finance Director Harrison told the Council she had receive notik~r~countant's resignation and that she would be returning with information..a"o'out the impadt,\f the resignation on her department and the hiring freeze. ~ I , ADJOURNMENT ~ "'''' Motion by Councilmember Nyberg, seconded by Counc~mel)lber ~I~hna to adjourn at 9:45 p.m. All in favor. ~ '\.-( J\ Y \' -~ '\.. K~~YCki"YOr)' ATTEST: ~~ ~, . Diane F. Ward, City Clerk ~ . ReSOIUtiC ~direCling pay':nt of bills Resolution 20~1!~1"52, ;Ppr~ving 2009 liquor and tobacco licenses R~solu~on 20d8.t53, apprJ~ing contract with Lemicke Construction A~es-o'u'\ti'~n 2008-' ~"~8P%ing 2009 Dock Permit for St. Croix Boat & Packet R~solution 2008-155, approving St. Croix Catering management agreement for R' .!, C Y ecreatl9n~ enter R~s~hftion~2Ob-8::t56, approving agreement with Washington County Conservation Distric~' ~ Resolution.2008-157, approving Sidewalk Sign Policy Resoluti6'n.2008-158, approval to enter into Fuel Purchase Program with MN/DOT Resoluti~ 2008-159, ordering preparation of report for 2009 Street Improvements Resolution 2008-160, approving appointment to the Board of Water Commissioners Resolution 2008-161, approving appointment to the Downtown Parking Commission Resolution 2008-162, approving municipal license for encroachment on Washington Square Park Ordinance 999, an Ordinance amending the Charter of the City of Stillwater Page 12 of 12 ... '" To: Stillwater City Council From: Stillwater Business Owners, Employees and Customers, Residents and Friends Date: November 24, 2008 Re2ardinl!: Proposed Marathon Contract Terms Being Drafted Now Between City of Stillwater and the promoter Petitioll<"~; In order to do no harm to the existing downtown retail, fine dining and other small businesses in these extremely difficult economic times, a City contract authorizing a marathon event in Stillwater must contain the following parameters or be tabled until 2010 to allow for adequate notice and opportunity to be heard: 1. Do not start or end a marathon in the Downtown Historic District or within 1 mile of the Historic District on Highways 36 and 95. 2. Do not authorize.a marathon to occur any weekend between and including Memorial Day Weekend andLabor Day Weekend. 3. If an approved marathon route runs through Downtown Stillwater or the Historic District, ensure that a user fee is assessed in the contract for a permanent fund for a Beautification and Bathroomsi fup<i for the Historic Pistrict 4. If an approved Il18rathon route runs through Downtown Stillwater or the Historic District, ensure thatalll"tJ.Dllers are through these areas by 9:00am. 5. Provide~andemorce.. alternate and adequate parking and transportation for marathon participants and sPectators outside the Historic District and prohibit marathon participants and spectators from parking in the City's parking lots in the Historic District. Name Business Signatures: Address Phone/Email 6.' . 7. 8. 9. 10. ' II. 12. 13. .. ~ '2..llc 1'--11.4. N .-- \_ .5C?, <=7",3 - .,.:. '...} . 4- .,...' , PetitioJr.:- ~: To: Stillwater City Council From: Stillwater Business Owners, Employees and Customers, Residents and Friends Date: November 24, 2008 Ret!ardine:: Proposed Marathon Contract Terms Being Doafted Now Between City of Stillwater and the promoter In order to do no harm to the existing downtown retail, fine dining and other small businesses in these extremely difficult economic times, a City contract authorizing a marathon event in Stillwater must contain the following parameters or be tabled until 2010 to allow for adequate notice and opportunity to be heard: i fl. Do not start or end a marathon in the Downtown Historic District or within 1 mile of the Historic District on Highways 36 and 95. ':\1. Do not authorize a marathon to occur any weekend between and including Memorial Day Weekend and Labor Day Weekend. '-::., ~ If an approved marathon route runs through Downtown Stillwater or the Historic District" ensure that a user fee is assessed in the contract for a permanent fund for a Beautification and Bathrooms fund for the Historic District. ,,9: If an approved marathon route runs through Downtown Stillwater or the Historic District, , ensure that all runners are through these areas by 9:00 am. I (). Provide and enforce alternate and adequate parking and transportation for marathon participants and spectators outside the Historic District and prohibit marathon participants and spectators from parking in the City's parking lots in the Historic District. Signatures: Address i., Ii. . "1" k"'~*~ ,,... , ,.-..--....... -, l \ ' -"..L. .,',; .~;,.),,\, -. j " ,,,,' "'c""", ............. . .....,.,. .. .... ~!/' /r'l/ :'}t-i'{ILot-':.c<22 '{L-<:..,.o ;:7{)et '. ~i"~~>~:;!(23 ~ '<\~~".~ ..:':~.~,.,:~i~~;;~~ 24. 25. 26. /.4 .; c- L . l; S- t ,} t+ ~r-(-i'~(~) ~~~ l-{ .~,) .:;;-:2.. ~~ In order to do no harm to the existing downtown retail, fine dining and other small b~inesses in these extremely difficult economic times, a City contract authorizing a marathon event in Stillwater must contain the following parameters or be tabled until 2010 to allow for adequate notice and opportunity to be heard: 11. Do not start or end a marathon in the Downtown Historic District or within 1 mile of the Historic District on Highways 36 and 95. 12. Do not authorize a marathon to occur any weekend between and including Memorial Day Weekend and Labor Day Weekend. 13. If an approved marathon route runs through Downtown Stillwater or the Historic District, ensure that a user fee is assessed in the contract' for a permanent fund for a Beautification and Bathrooms fund for the Historic District. 14. If an approved marathon route funs through Downtown Stillwater or the Historic District, ensure that all rwmers are through these areas by 9:00 a.m. 15. Provide and enforce alternate and adequate parking and transportation for marathon participants and spectators outside the Historic District and prohibit marathon participants and spectators from parking in the City's parking lots in the llistoric District. :".:1/?1 Signatures: .,t Name Business Address PhonelEmail)':;~(~ ~ ~- ;;J~ "::'.::',;'),~:1' ":';'\1~~ 2 7, ~ . "- -- [ftr? S...2: 45f . Sft) ;'Uv 5SD r L (;,J-I -'t ;~: )#~ ~~~-~p:::J1 30. Kr:I..W1J. fidb 7(s~ ~PtJ,-L80-Hl~ . ~3.1<t,:t>'~~ 31. 51 l GS-/-2~ti . ".ij 32. /~/ vl'k:fl-; .s""J~ "~\;;j~~t ~. ~ .::.':<,- ;:':'- i.\(\::~ Petition . :, To: Stillwater City Council From: Stillwater Business Owners, Employees and Customers, Residents and Friends · ~- November 24, 2008 Ret!:ardine:: Proposed Marathon Contract Te~s Being Drafted Now Between City of Stillwater and the promoter ".:::.:::'j,.:i C,;-,:';; :-(?!:i.i~ '::.;\;~;ut: .,.....>ii' ::'::(\J(~ {::f~ .<.:~; .:':~~j ii ::!~I . ,'>Hw~~1 :(::})~~J :.::'~~~; ,-t~; ~ To: Stillwater City Council FroB!: Stillwater Business Owners", Employe"es and Customers, Residents and Friends Jfate~ovember 24, 2008 Ret!ardin2: Proposed Marathon Contract Terms<<.Being Drafted Now Between City of Stillwater and the promoter Petition " Name ~3 27. '?y 28. ~'e; 29'- ~~ 30. ,." '~ 7;731. ~fj 32. 3\.1. 33. 34. 35. 36. 37. 38. 39. In order to do no harm to the existing downtown retail, fine dining and other small businesses in these extremely difficult economic times, a City contract authorizing a marathon event in Stillwater must contain the following parameters or be tabled until 2010 to allow for adequate notice and opportunity to be heard: ~l. Do not start or end a marathon in the Downtown Historic District or within 1 mile of the Historic District on Highways 36 and 95. " ~2. Do not authorize a marathon to occur any weekend between and including Memorial Day " Weekend and Labor Day Weekend. ~:3. If an approved marathon route runs through Downtown Stillwater or the Historic District, ensure that a user fee is assessed in the contract for a permanent fimd for a Beautification and Bathrooms fimd for the Historic District. ~4. If an approved marathon route runs through Downtown Stillwater or the Historic District, , ensure that all runners are through these areas by 9:00 am. {~5. Provide and enforce alternate and adequate parking and transportation for marathon ' participants and spectators outside the Historic District and prohibit marathon participants and spectators from parking in the City's parking lots in the Historic District. Signatures: Address Xl 'r IX:.- 'Or( .. ~ It;>5l-4.~C1'' 7c)JS r,;/2- ~7.2lr "7/ ~ ~cJ.. 03770 C~. JeanneM. Anderson, at Law Licensed in lvlinneso{a &: 'Wisconsin December l, 2008 Curt Geissler Mark Berthelson Sheryl E-Marshall Executive Board Stillwater Area Chamber of Commerce 106 Main Street Stillwater, MN 55082 1:57 P.M. Via email to:curtg@lakeview.org;markberthelson@comcast.net;sheryle@pressenter.com; Re: Marathon Dear Curt, Sheryl and Mark: Stop the bullet train! Hopefully I am correct in guessing that the Executive Board is a committee of the Board of Directors and it includes the Officers, Curt as President, Sheryl as Vice President at Large, and Mark as Secretary. And normally we'd have the Past President there too, except that she has resigned her post some time ago. It appears from the email message I received that the three of you actually will be making the decision on behalf of the full Board of Directors. Do the Chamber Bylaws allow an Executive Committee to make Board-level decisions? I am copying the rest of the Board of Directors on this letter in order to pose this question, as well as notify them of my objections outlined in this letter. (I have used the list on the web site so I am likely missing the new members but will add the two I am aware of). Do the Bylaws address whether this is an open or closed meeting and proper meeting notification? This is done to prevent a small group of people from making decisions that are not consistent with the desires of the overall membership. I would be surprised if the Chamber did not have some language regarding this subject matter somewhere in its governing documents. I need a copy of the Chamber's Bylaws immediately. Please have staff scan and email or fax them to me now. As I write this letter, in response to the 9:44 A.M. email I received here at the office today, I feel pressured by such short notice, to be having to try to read and understand the Marathon proposal in a big rush, or it will be too late to say anything at all, since there is a meeting at 4:30 P.M. today - so I'm pushing my business aside to try to address this as best I can here. This does indeed feel like a high-speed train zooming by and if I don't throw something on it now, my chance to have even a little impact on the decision will be gone in seconds. Page 1 of 4 How can it be fair to Chamber Members to receive an email 10 A.M. the day of asking for comments due before a 4:30 decision-making meeting? Many downtown restaurants & retail are closed on Monday. Others don't use email or at least not often. I see now suddenly the Downtown Merchants Association is involved. Did the DMA have a meeting to discuss this. with advance notice of the Agenda? Did they vote? Was there a Resolution adopted? As directed by this morning's email message, I am copying Jeff Swanson, the DMA Chair on this letter as well. Even if some business owners do receive this now, I have always said to my clients "Never to make a big decision in a hurry." It's too easy to make mistakes. Big decisions should be made over a period of time, with careful research, thought and discussion about the options and the consequences, including unintended consequences. To use a cliche, I always say "Sleep on it." The process used here by the Chamber has not allowed real input from all of the Chamber's Members. Perhaps some have had access to information in advance of the rest of us. I do not consider input valid unless it's meaningful. It is not meaningful unless a written plan is available to study and discuss with enough advance notice before having to give the feedback. I believe this process which is occurring makes for very poor quality decision-making. It will benefit a few, to the detriment of others who have had no say in the decision. Is this the way the Chamber wants to be making its decisions? Is this fair to all Chamber Members? I am having to write this letter as I read through the long email message and the contract. This is my first time seeing the contract since this was Thanksgiving this past week. So I have just a few minutes to study an 8-page contract. It will be easier for me than for many Chamber members to read and understand this so quickly. So, under extreme protest about the last-minute manner in which the Chamber has communicated to its Members, I am attempting to give feedback here - and, I would like to have sent a separate letter to the City Council but due to no advance notice of this proposed contract, I am having to copy them on this same letter, since they are also meeting tonight either at 4:30 of 7:00 or both, and I hold the City Council to answer these same questions posed here: 1. Right away I can see that the most important points to the business owners I have spoken with is, that the race not start or end in downtown, is clearly violated in the proposed contract on Page I, Paragraph 3 "Marathon Route." It should definitely not end in downtown. That is going to be a huge disruption to the downtown business owners, especially retail and fine dining. Apparently this may flood some downtown bars. Is it fair to favor some businesses over others? Or perhaps one business over many? Have yOU seen the Petition which was hastily prepared and circulated around downtown Stillwater in the last few days? I am attaching a copy of it here for you. 2. I question Paragraph I on Page I under "Recitals" (which, incidentally, should be removed since these are not recitals, they are the actual contract paragraphs - the term "Recitals" makes it sound insignificant, just like housekeeping provisions) that the purpose of the Marathon is to for the purposes stated. The purpose is for the promoter to make a profit. I heard this stated in the City Council meeting Page 2 of 4 that this event has to make a profit. Didn't anyone else hear this? Attached is a printout from the Minnesota Secretary of State showing that this contract is being awarded to a for-profit corporation. I also don't understand why we rent the town for free to a for-profit business. 3. In Paragraph 5 the number of participants is too high. Multiply the almost 6000 runners by the 2 or 3 supporting friends and family and that is potentially 18,000 people. We do not have the infrastructure to handle this magnitude of event here in the tiny Historic District. Something like 2000 participants would be more reasonable. Multiplied by, that is still 6,000 people. Does the Chamber have an events policy which has a clear vision for the entire downtown business community? Number of events? The scal e? 4. The date is also objectionable. This is one of the prime shopping days of the year for retail and fine dining. Local residents will once again be pushed out of the downtown area, as occurs during the summer rock concert festival. This new proposed event appears to be yet another extension of the summer rock concert festival owned by one business. Why not a week day instead of taking up the precious few weekend shopping days available which haven't already been given away to this same business owner? 5. Who owns the City of Stillwater Lumberiack Logo? Why is it allowed to be used by a private for-profit business in Paragraph 17 for no compensation? Or is the City getting paid for this? Is the City a co- sponsor or is this iust a permit? Curt, Sheryl and Mark, I consider you among my friends, as I do the rest of the Chamber Board and staff. I am sure you want to do the right thing. Under the circumstances, it would be patently wrong for the Chamber to endorse this event or Contract. Yours truly, ":: /'JU., l C ",^"-,,...-.~ Jeanne M. Anderson Anderson Legal Services, P.L.L.C. Chamber Member Resident Business Owner Commercial Real Estate Owner of Property In Historic District Copies: Page 3 of 4 Downtown Merchant Association Chair Jeff Swanson, at ieff@autoumncottage.com; Stillwater Area Chamber of Commerce Board of Directors: Curt Geissler curtg@lakeview.org; Sheryl E-Marshall shervle@pressenter.com; Curt Swanson cswanson@genesisfts.com; Mark Berthelsen markberthelsen@comcast.net; Laura Domagala lauradomagala@comcast.net; Dean Johnston deaniohnston@comcast.net; Gail Pundsack northland@concordegrp.com Patsy Rollwagen prollwagen@comcast.net Scott Zahren hopehouse9@ao1.com Glenn Hill glenhill@mnfoodassociation.org Diane Iten diane@dianeitenautobrokers.com Chamber Staff: director@ilovestillwater.com and info@ilovestillwater.com. Stillwater City Council Jim Rausch City Council Member-Elect Micky Cook City Council Member-Elect Page 4 of 4 ~ RESOLUTION 2008-163 DIRECTING THE PAYMENT OF BILLS BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the bills set forth and itemized on Exhibit "An totaling $232,732.04 are hereby approved for payment, and that checks be issued for the payment thereof. The complete list of bills (Exhibit "An) is on file in the office of the City. Clerk and may be inspected upon request. Adopted by the Council this 1st day of December, 2008. Ken Harycki, Mayor ATIEST: Diane F. Ward, City Clerk LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2008-163 1ST Line/Leewes Ventures LLC A-1 Maintenance, Inc. Adams, Dave Advanced Sportswear AI's Coffee Company American Classic Homes Aramark Aramark Uniform Services Aspen Mills B J Haines Tree Service BCA/Training & Development Board of Water Commissioner Boyer Ford Trucks Burschville Construction Inc. Carquest Auto Parts Cates Construction CDW Government, Inc. Coca-Cola Bottling Company Comcast Computer Services of Florida Continental Research Corporation Corporate Mechanical Cub Foods Dakota Supply Group Denny Hecker Auto Connection Emergency Medical Products, Inc Empson, Donald Fleishhaker, Dave GCR Minneapolis Truck Tire Center General Security Services Corp Infratech, Inc. International Assoc. For Property & Evidence Johnson Controls Kraftson, Torry L.T.G.Power M/ A Associates, Inc. Mac Queen Equipment Inc. Menards MN Office Of Enterprise Technology MN Police & Peace Officer Assoc. Office Depot Oswald Hose & Adapters Concession Supplies 711 S. Greeley - Clean Up Services Reimburse for Mileage Uniform Shirts/Rec Center Concession Supplies Grading Escrow Refund Uniform Shirt/Building Dept. Uniform Cleaning Uniforms/Police Dept. Tree Removal Training September 2008 WAC Charges Equipment Repair Supplies Final Payment Application/Phase III Utility Equipment Repair Supplies Grading Escrow Refund Diskeeper 2008 Maintenance Agreement Soda for Concessions Cable/Rec Center Equipment Repair Supplies Equipment Repair Supplies Repair Wiring and Gas Line at PW Facility Donuts for Concessions Equipment Repair Supplies Vehicle Repairs Medical Supplies for Medic Bags in Squads Professional Services Work Boot Reimbursement Squad Tires Alarm Monitoring Services Storm Sewer Repair Police Training HVAC System Repairs Reimburse for Parking Fees Handguard, Handle Bar Kit Janitorial Supplies Equipment Repair Supplies Equipment Repair Supplies November 2008 Wide Area Network Usage Membership Dues Office Supplies Equipment Repair,Supplies ~ 910.45 798.75 38.26 302.25 1,505.05 1,500.00 33.99 134.40 814.60 426.00 180.00 12,771.00 26.82 21,545.32 207.87 1,500.00 450.78 686.42 136.66 437.10 196.42 1,101.75 48.68 144.97 71.27 337.35 3,000.00 75.00 632.40 71.22 15,245.00 325.00 658.44 8.00 108.84 240.58 898.16 60.51 65.00 35.00 1,289.63 414.66 ... EXHIBIT II A" TO RESOLUTION #2008-163 Papco, Inc. Polar Chevrolet & Mazda Professional Wireless Communications Riedell Shoes, Inc. Short Elliott Hendrickson Simplex Grinnell LP St. Croix Recreation Co. Sun Newspapers Symbol Arts Twin Cities Wrecker Sales Inc. United Refrigeration, Inc. UPS Freight USA Mobility Wireless, Inc. USAble Life Wal Mart Community Washington County Auditor/Treasurer Washington County Recorder Washington County Sheriff's Office Yocum Oil Company Zack's Inc. Zee Medical Service LIBRARY Ace Hardware ACP Direct Avenet Web Solutions Baker & Taylor, Inc. Bertalmio, Lynne Budget Lighting, Inc. BWI Book Wholesalers CDW Government, Inc. DeSteno, Deborah G & K Services Jones Library Sales, Inc. MN Office Of Enterprise Technology National Geographic Society Office Depot Office Max People Friendly Places, Inc. Stringer Business Systems Vend Print, Inc. Washington County Library Squeegee Blades Sewer Television Van Guardian Monthly Svc, Cell Antenna, Beacon Skates for Resale Consulting Engineer Services Repairs to Fire Alarm Tot Seats Publications Employee Recognition Program Coins Hammerlock Equipment Repair Supplies Freight Pager Service December 2008 Term Life Insurance Equipment Repair Supplies Monies From Forfeitures Recording Fees Terminal Access Charges Fuel Snow Pusher First Aid Supplies General Supplies Labsonic Personal Headphone 12 Month Service Package Books, Reference Materials Reimburse for Mileage Light Bulbs Children's Books Supplies for Library Server Room Professional Services Rug/Towel Service Shelving Telephone Nonfiction Book Office Supplies Office Supplies Children's Program Equipment Maintenance Contract Vend print Professional Print Management Electronic Database Page 2 115.34 31,613.00 212.89 418.89 2,216.05 1,262.15 330.59 86.67 930.00 317.97 68.75 30.00 10.68 435.12 76.43 285.78 373.00 6,105.00 4,218.99 107.80 56.45 177.01 83.70 600.00 1,953.12 95.94 391.48 10.18 337.66 194.76 179.84 7,800.00 280.74 15.90 62.88 696.31 1,263.00 15.56 5,575.00 275.00 EXHIBIT" A" TO RESOLUTION #2008-163 ADDENDUM Clark, Luann Delta Dental Magnuson Law Firm Qwest Stillwater, Oak Park Heights CVB Wal Mart Community Xcel Energy Cleaning at City Hall & Public Works December 2008 Cobra Professional Services Through 11/21/08 Telephone Third Quarter Lodging Tax General Supplies Electricity & Natural Gas Adopted by the City Council this 1st Day of December, 2008 TOTAL Page 3 ~ 1,057.50 303.60 6,495.83 117.29 54,908.96 95.45 31,040.18 232,732.04 .,. " Summary of Proceedings Washington County Board of Commissioners November 25, 2008 J.:.~ , Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; Myra Peterson, District 4; and Lisa Weik, District 5. Absent none. Board Chair Hegberg presided. Commissioner Reoorts - Comments - Questions The Commissioners reported on the following items: Commissioner Peterson - reported that the Counties Transportation Improvement Board discussion included a financial analysis of the Y4 cent sales tax from S'pringsted; the Holiday Train will run in Cottage Grove, St. Paul Park and Newport on December12 with a goal of raising $30,000 for the local food shelf; she will attend a meeting with Olmsted County to discuss having them join the joint powers agreement for high-speed rail and they are looking at establishing a Regional Rail Authority; she asked Public Works staff to attend a passenger Rail Plan and Comprehensive Freight Plan for her as she will be attending the AMC Conference in Duluth; she wished everyone a Happy Thanksgiving; Commissioner Pulkrabek - reported that he attended the State Senate recount last week and thanked Kevin Corbid and Carol Peterson for a very smooth professional process; Commissioner Kriesel - attended the Mental Health Advisory Council meeting last week and presented a Commissioners' A ward to Cameron Winter who will be deported to Iraq after the birth of his child and will be there for 12 to 18 months; Commissioner Weik - attended a workshop at the Woodbury City Hall regarding the 1-94 corridor coalition; she also attended the Public Health and Emergency Preparedness Advisory Committee meeting which discussed the county's response to the tornado in Hugo last May; she and Commissioner Peterson will co-host the County Insight program with Hennepin County Commissioner Peter McLaughlin; and she also wished everyone a Happy Thanksgiving; Commissioner Hegberg - reported on the Counties Transportation Improvement Board meeting and was surprised to learn that Wisconsin expects to have high-speed rail to La Crosse by 2012; he attended the Rush Line Corridor meeting and that group was anxious to learn where the County stood on the 288 bus line; he reported on the event involving persons with disabilities and it was a reminder that some people have challenges in life, and he was disheartened to hear that alcohol syndrome is still a problem; and, the Metro Family Alliance met and discussed funding and he suggested talking with the state and federal lobbyists to see if targeted funds are available. Community Corrections Approval to amend the 2008 Title II Grant with the Minnesota Department of Public Safety, Office of Justice, to extend the term of the grant to June 30, 2009. Community Services Approval to receipt $175 from the American Legion #491 Auxiliary Bayport, Minnesota, to the Community Services Veterans Services Division for the Emergency Assistance Fund. " '. General Administration Approval of the following actions: Update from the Metropolitan Mosquito Control Board on the 2008 programs and an overview of the 2009 budget and plans; Introduction of Sherry Broecker, Metropolitan Council District 12 Representative; Board correspondence was received and placed on file. Human Resources Approval to ratify the 2009 health insurance for Teamsters CO/911 employees. Librarv Approval of the following actions: Resolution No. 2008-151, amend Policy #6006, Advisory Committees, Boards and Commissions to payment of per diems to include Library Board members; Resolution No. 2008-153 revised county Library hours. Property Records and Taxpayer Services Board workshop held to discuss the proposed 2009 property taxes. Public Works Approval of the following actions: Resolution No. 2008-152 state cost-share assistance contract with Washington Conservation District, S1. Croix Bluffs Regional Park buckthorn treatment; Award of bid for carpet tile replacement services at the Oakdale Library to St. Paul Linoleum and Carpet Company; Contract with Bruette Roofing, Inc. to re-roof the North Maintenance Shop small salt storage shed; Update on the partial collapse ofthe J.A.R. Bridge in S1. Paul Park that occurred on November 22; Workshops held for an updates on park and trail acquisitions and the Historic Courthouse. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. " .' 1. 9:00 2. 9:00 3. 4. 9:10 9:10 5. 9:25 6. 9:50 7. 10:20 8. 9. 10:35 10. 10:40 to 11 :25 Washington ~ ~County BOARD AGENDA Dennis C. Hegberg, Chair Districl1 Bill Pulkrabek Dislricl2 Gary Kriesel Districl 3 Myra Peterson, Vice Chair Dislrict 4 DECEMBER 2, 2008 - 9:00 A.M. Lisa Welk Districl5 Roll Call Pledge of Allegiance Comments from the Public Visitors may share their comments or concerns on any issue thatsia responsibility or junclion of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meegiiJegins and give it to the County Board secretary orthe County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more thanfive minutes. The Boarthwr reserves the right to limit an individual's presentalion if it becomes redundant, repetitive. overly argumentative, or if it is not relevant /l) asue that is part of Washington County's responsibilities, The chair may also limit the number of individual presentations tGfWmmodate the scheduled agenda items. Consent Calendar Public Health and Environment - Jill Timm, Program Manager Information Only - Partnership with Children's Dental Services Public Works- A. Comment Letter to the Denmark Township Board - Ann Pung Terwedo, Sr. Planner B. 2008 Construction and Pavement Preservation Projects - Cory Slagle, Engineering Manager General Administration - Jim Schug, County Administrator Discussion of Possible Changes to the Preliminary 2009 Budget Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on commillee aclivities. make comments orallers of interest and information. or raise quesliDs to the staff This action is not intended to result in substantive board action during this time, Any action necessary because of discussion will be scheduledfor ajuture board meeting. Board Correspondence Adjourn Board Workshop with Public Works Allocation of$950,000 Awarded to Washington County by the Counties Transit Improvement Board (CTIB) * * * * ** *** ** * * *** *** ************* * * ** ***** ** * ***** ********* ************ * ** REMINDER: NO BOARD MEETING ON DECEMBER 9, 2008 - AMC Conference, Duluth, Minnesota Date December 4 December 7-10 December 10 December 11 December 11 MEETING NOTICES Committee Wash. County Truth-in- Taxation Hearing Association of Counties Annual Conference MICA Community Services Advisory Committee MELSA Time Location 7:00 p.m. Various Times 2:00 p.m. 8:00 a.m. 12:00 p,m. Washington County Board Room Duluth Entertainment Convention Center 161 St. Anthony Avenue- St. Paul Lake Elmo Inn - Lake Elmo 1619 Dayton A venue - St. Paul Assistive listening devices are availabte for use in the County Board Room . .. . EQUAL EMPLOYMENT OPFORTUNITY / AFFIRMATIVE ACTION EMPLOYER ~ WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * DECEMBER 2, 2008 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of the November 18,2008 Board Meeting minutes. B. Approval of resolution recognizing Sandy Shiely, Cottage Grove Mayor, who is retiring at the end of the year. C. Approval of the Regional Parcel Data Sharing and Distribution Agreement with Public Parties between the Metropolitan council and the Counties of Anoka, Carver, Dakota, Ramsey, Hennepin, Scott and Washington. Library D. Approval to temporarily close the Oakdale Branch Library from December 21, 2008 through December 29, 2008 for re-carpeting, Public Health and Environment E. Approval to enter into an agreement with the Washington Conservation District to fund general operations and services to county departments and county residents. F. Approval to enter into an agreement with the Washington Conservation District for services related to the Wetland Conservation Act. G. Approval to accept Natural Resource Block Grant funding in the amount of $70,973 from the Minnesota Board of Water and Soil Resources for 2009. H. Approval of the Service Contract with the University of Minnesota Center for Sustainable Building Research to conduct post-occupancy evaluations for the Service Centers in Forest Lake and Cottage Grove and authorize execution by the Board Chair and County Administrator. Public Works I. Approval of resolution, grant an easement for ingress and egress to Oak Park Heights resident at 15055 N. 60th Street, which is on the south side of the Washington County Government Center Campus. J. Approval to enter into property lease agreement with Jerome and Lois Grundhofer through the signatures of the Chair of the Washington County Board of Commissioners and the County Administrator for county owned property located within Big Marine Park Reserve. Sheriff's Office K. Approval to amend the Retention Schedule as contained in the County General Records Retention Schedule Sheriff/Law Enforcement. L. Approval to award the contractto Independent Emergency Services for 9-1-1 telephone customer prem ise equipment at the Washington County Sheriff's Office Public Service Answering Point dispatch Clnter. · Consenl Calendar ilemsare generally defined as ilems of routine business, nol requiring discussion, and approved in one vole. Commissioners may elecllo pull a Consent Calendar ilem(s) for discussion and/or separate action. ....... ....... ::r"....... (1) IZl _0 cr:~ @ ::l >-t 0 '-<"0 ....... (1) ::l @ NO. 00 O::l :.oe. ::Tl S' ~ ...., ~@-e:g" (1) 0... ....... 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Source: National Weather Service, 1975-2007, Oakdale, South Sf. Paul, and Water Wetland " for impervious coverage signify the absence of the following relationship between impervious coverage n/a n/a Surface Railroad Road 40 40 0,28 0,28 0,00 0,00 400 400 o o 0,83 0,83 0,00 0,00 40 40 o o 289 289 o o Park or Open Space Research & Development Park M Neighborhood Commeri ca 90 70 6 70 0,58 0.46 0,07 0,46 350 350 250 350 52 20 0,13 20 40 40 216 40 607 480 112 480 ixed Use Manna Medium Density Residentia 70 45 0,46 OJ 350 450 20 03 40 40 480 32 Residentia Low-Medium Density Low Density Residentia nstitutiona High Density Residentia ndustria 6 65 70 70 30 35 0,07 0.43 0.46 0.46 0,22 0,25 550 450 350 450 450 450 0.29 1.44 1.20 1,54 0.72 0,83 6 40 40 40 40 40 2 448 480 480 225 257 Buildings Golf Course Commercial Lands and 70 0.46 350 20 2 40 480 Tab/e 2. 1 - Input Values used for Stll/water Loading Assessment ~ AGENDA CITY OF STILLWATER CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street DECEMBER 1, 2008 (MONDAY) MEETING DATE CHANGED REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Restricted Waters Discharge Assessment - Bob Barth, Bonestroo 2. Library Update - Richard Edstrom 3. Possible approval of contract for 2009 Stillwater Marathon (Resolution - Roll Call) STAFF REPORTS 1. Police Chief 3. City Clerk 5. City Engineer/PWD a. Discussion on the width of Chestnut Street 6. City Attorney 7. Finance Director 2. Fire Chief Paid-on-call Staffing Request 4. Community Dev. Director Nuisance property update 8. City Administrator 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES - Possible approval of the November 18,2008 regular meeting minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. CONSENT AGENDA* (Roll Call) 1. Resolution 2008-162, directing payment of bills 2. Possible rollover of capital funds - Library 3. Resolution 2008-163, accepting work and ordering final payment for Phase II Utilities Project (Project 2006-09 A & B) 4. Resolution 2008-164, approving maintenance agreement with PWC for Public Works Radio System 5. Resolution 2008-165, adopting Lake Elmo Bank assessment PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or less. 1. This is the date and time for a public hearing for Truth in Taxation. Notice, was published in the Stillwater Gazette on November 24, 2008. 2. Case No. 08-46.This is the date and time for a public hearing to consider a request from the City of Stillwater for a zoning text amendment to the sign regulations, Section 31-509, Subd. 8, related to signage in the BP-Business Park zoning district and any variances related thereto. Notice was published in the Stillwater Gazette on November 21,2008. (Ordinance _1st Reading - Roll Call) 3. This is the date and time for a public hearing to consider approving the Review Draft of the 2030 Comprehensive Plan. Notice was published in the Stillwater Gazette on November 25, 2008. UNFINISHED BUSINESS 1. Capital Purchases 2. Possible approval to donate Frisbee Golf Equipment to Stillwater Junior High School NEW BUSINESS 1. Possible appointment/reappointment for Planning Commission (Resolution - Roll Call) 2. Possible appointment/reappointment for Park & Recreation Commission (Resolution - Roll Call) 3. Possible approval of acquisition of property in the Myrtle Street Ravine (Resolution - Roll Call) 4. Donation -Washington County Historical Society PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICA TIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. Page 2 of 2 Stillwater Fire Department Memo DatI8= ReI: Mayor Harycki and Council /'.\(y Stuart W. Glaser, Fire Chief/- lany D. Hansen, City Administrator Novefnber20,2008 Paid-on-Call Staffing Request To: Frum: 00: Backaround As you know, the fire department relies heavily on the response of paid-on-alll personnel to respond and protect the citizens of Stillwater during emergency situations. The Fire Department has recently had three members resign or retire in the past year. I am also aware of several additional resignations which may occur in the near future. In order to maintain an adequate number of response personnel, I respectfully request permission to begin the hiring process for paid-on-call firefighters. I anticipate advertising through December and conducting testing and interviews in mid to late January, 2009. Upon selection of qualified candidates a thorough criminal background, psychological evaluation, and drug screening is conducted. Once the candidate successfully completes the screening process a conditional offer of employment is made and a hire date is determined. I anticipate the new hires to be on duty by March, 2009. Funds to hire paid-on-call personnel are budgeted annually to ensure adequate paid-on-call staffing is maintained. Council ActIon Request Council approval to advertise and begin the hiring process for paid-on-call firefighters. 1 riI Iwa ter '''-- - - ~ , 'fiE BiRTHPlACE OF MINNESOTA J Memo Community Development Department To: From: City Council Michel Pogge, City Planner ~ Wednesday, November 26, 2008 Property Maintenance Date: Re: Message: To date in 2008 the City has used a contractor to clean up or mow grass on six properties in the community. The first two were completed by Max Todo Marine Services Inc. prior to the City soliciting bids and entering into an ongoing property clean up contract with A-1 Maintenance in July. The following table summarizes all of the clean up/mowing cases. All of the outstanding balances were initially invoiced after Oct 15th and if left unpaid will be assessed to the property's taxes on Nov. 15, 2009. Address Property Status Issue Amount of Invoice Paid Tall Grass/Weeds/Junk/ 1224 2nd St N Foreclosed Securing Property $ 3,426.87 Yes 519 Laure St W Foreclosed Securing Property $ 670.10 Yes 316 William St N Foreclosed Mowing $ 159.75 No 1309 Cornelian St N Foreclosed Mowing and Junk $ 625.69 No 1902 Swenson St Foreclosed Mowing $ 159.75 No 711 Greeley St S Occupied Rental Junk $ 798.75 No Total $ Outstanding Balance $ 5,840.91 1,743.94 From the desk of... Michel Pogge, AICP . City Planner . City of Stillwater '216 N. 4th Street . Stillwater, MN 55082 651.430-8822 . Fax: 651.430-8810 'email: mpogge@ci.stillwater.mn.us To put this in perspective, annually the eso's handle between 60 and 80 nuisance cases that require follow-up. A vast majority of the cases are taken care of after the first contact. Additionally, so far the City has not made any repeat visits to clean up or mow foreclosed properties. After the city sent out the contractor, the property owners took care of the property. In fact, mortgage company Wells Fargo has been very proactive in maintaining properties they control. Finally, staff has been very pleased with the work by A-l Maintenance and the process established with having an on call contractor. This process has allows staff to act quickly in addressing problem properties and avoid the process required to bid out each clean up or mowing issue separately. Snow Removal In order to provide an option for sidewalk snow removal, staff solicited and received bids from three companies. The following summarizes the bids the City received:, A-l lehmicke Steve Junker DescriDtion Maintenance Construction landscaDinl! Single Street Residential Sidewalk (92' x $30.00 per $40.00 per 4' -5' average) 1.5"-4" snow cover $24.00 per time time time Single Street Residential Sidewalk (92' x $40.00 per $60.00 per 4' _5' average) 4"-8" snow cover $35.00 per time time time Corner Lot Residential Sidewalk (182' x $40.00 per $75.00 per 4' _,5' average) 1.5" -4" snow cover $45.00 per time time time Corner Lot Residential Sidewalk (182' x $50.00 per $95.00 per 4'-5' average) 4"-8" snow cover $67.00 per time time time Other non-residential sidewalk snow $40.00 per $85.00 per removal $39.00 per hour hour hour If the council desires to enter into a contract for snow removal staff would suggest selecting A-l Maintenance since their bid for interior lots is lower than the other bids. This seems logical since a majority of the properties in the community are interior lots. From the desk of... Michel Pogge, AICP . City Planner . City of Stillwater . 216 N. 4th Street . Stillwater, MN 55082 651.430-8822 . Fax: 651.430-8810 . email: mpogge@ci.stillwater.mn.us CITY COUNCIL MEETING November 18, 2008 REGULAR MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7 p.m. Present: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward Mayor Harycki noted the passing of former Councilmembers Ann Bodlovick and Ed Simonet. 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 28,2008 regular and recessed meeting minutes and the November 6,2008 special meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2009 Marathon - St. Croix Events Dave Eckberg, St. Croix Events, updated the Council on plans for the first-ever marathon. Four races will be held - a 12K, 20-mile, half-marathon and marathon and the races will be held Sunday, May 24, 2009, beginning at 7 a.m. The start lines for the four races will be somewhat different but all will be south of the Andiamo office. The finish line for the 12K and half-marathon will be in Pioneer Park, with the 20-mile and marathon finishing in Lowell Park. Mr. Eckberg reviewed a map of the proposed route(s). He said mailings would be done to all residents on the route(s), explaining plans and giving a contact number for questions/concerns. He also stated staff persons City Council Meeting November 18, 2008 would be located on each block in the residential areas of the routes to assist persons who need to impact the route; he also spoke of plans to have block captains to assist in the various neighborhoods. He reviewed the times runners would pass through various locations on the course(s). He spoke to plans for garbage removal; the provision of and removal of porta-potties; provision of water stops and aid stations and emergency plans. Mr. Eckberg also addressed plans for parking for participants, likely either at Andersen corporate or Washington County Government Center and barricading the public parking lots in downtown Stillwater until after the race start. He reviewed some of the accompanying events, such as a pasta feed and handing out goodie bags promoting local businesses, as well as an ecumenical worship service. Mr. Eckberg also addressed the potential economic impact of the races; Jennifer Severson, Greater Stillwater Chamber, provided some data about the economic impact. Ms. Severson reviewed the Chamber's position on the marathon proposal and the Chamber's five suggestions regarding the proposal. On a question by Mayor Harycki, Mr. Eckberg said there will be no commercial vendors in the park. Police Chief Gannaway said he thought the marathon could work with the proposed route but said there are some issues the Council should be aware of - the proposed route requires come type of traffic control at 82 intersections,. so the potential for delay, and complaints, exists at any of the intersections; potential disruption of Sunday morning church traffic; route will have to be marked and posted the day prior to the race, which could cost up to $500 in personnel cost and cost of additional signage; regarding personnel, Chief Gannaway said this would be a voluntary assignment for the Stillwater Department so officers from other jurisdictions would be brought in to complete the needed 30 or so personnel the event will require. Chief Gannaway also noted volunteers will need proper equipment and some training; Mr. Eckberg stated he will be using the same people as he does for Lumberjack Days, people who have had quite a bit of experience/training. Mr. Eckberg stated the City will be reimbursed 100 percent by St. Croix Events for any costs. Chief Gannaway stated a possible towing program brought up by Mayor Harycki and Mr. Eckberg likely will not work due to liability issues among other issues. Chief Gannaway also expressed concern about the finishing point at Pioneer Park due to logistic and traffic control issues; he also spoke to the importance of submitting a safety plan for approval and spoke of the potential for delayed Fire/EMS response time to various parts of the City during the event. Fire Chief Glaser said the concern regarding parking is not just for the route itself, but significant one-side parking may be required on adjacent streets to provide access for emergency vehicles. Chief Glaser also spoke of possible staffing issues due to the holiday weekend. Chief Glaser stated he thought the event was do-able but noted there is a significant amount of work that needs to be done to be sure things run smoothly. Mayor Harycki asked about any liability for the City. City Attorney Magnuson responded that if the City takes great care in developing a budget, assigning out staff and has a decent plan, the City has discretionary immunity. In addition, Mr. Magnuson suggested Page 2 of 12 City Council Meeting November 18, 2008 the City should purchase a liability insurance policy through the League of Cities to cover the City to the tort immunity level. Mr. Eckberg suggested the insurance issue is similar to Lumberjack Days, except it is a different insurance policy. Mayor Harycki stated that he wanted to be sure the event has a positive impact on downtown and called for the Chamber and St. Croix Events to work closely together to ensure that is the case. Councilmember Gag said he was definitely in favor of the concept, but suggested more detail is needed and things documented. Councilmember Gag suggested the possibility of a special use fee, such as a fee per runner that can be used for downtown beautification, and he suggested a similar use fee should be utilized for other events that make use of Lowell Park and impact downtown. Councilmember Gag suggested having several Councilmembers appointed to work with the Chamber and CVB and marathon organizers to come to some type of agreemenUsolution in the next several weeks. Councilmember Milbrandt said he saw the proposal as a positive and that he was somewhat surprised at the concerns of the downtown groups, pointing out that other than roping off of the public parking lots, there is nothing but positive in having the start and finish in downtown. Councilmember Milbrandt stated he was more concerned with having two of the races end at Pioneer Park, in a densely populated area of town, suggesting a possible finish for those races at Stonebridge School. Mr. Eckberg spoke of the reasons for the choice of Pioneer Park as the finish for those races. Motion by Council member Milbrandt, seconded by Councilmember Nyberg to give concept approval and have St. Croix Events work with the Chamber and City Attorney Magnuson on final details to be brought back to the Council at the December 1 meeting. Councilmember Gag and Polehna suggested adding working with the CVB, as well as the Chamber. Councilmembers Milbrandt and Nyberg agreed to add that as an amendment to the motion. All in favor. Motion by Councilmember Polehna, seconded by Councilmember Nyberg to appoint Councilmember Gag and Mayor Harycki to work with St. Croix Events and the Chamber on the final details. All in favor. Councilmember Polehna acknowledged Stillwater resident David Francis, who spoke in support of the marathon both for the economic impact and the community-building aspect of races. Mr. Francis explained he sought out Mr. Eckberg to assist in organizing and managing an event in honor of his son, Jon Francis, a member of the national championship Pony track team, who died in an accident in 2006; the half-marathon will be a named event, the Jon Francis Half-Marathon. Mayor Harycki acknowledged the attendance of several Boy Scouts who were working on their Citizenship in the Community Merit Badge. Page 3 of 12 City Council Meeting November 18, 2008 OPEN FORUM No public comments. STAFF REPORTS City Clerk Ward noted the next Council meeting will be Monday, December 1, with a 4:30 and 7 p.m. session; packets will be delivered Wednesday, Nov. 26, due to the Thanksgiving holiday. Ms. Ward also thanked the 141 election judges and staff members Sue Moore, Kathy Rogness, Jennifer Roeller, Mike Pogge, Beth Wolf, Sheila Wiegand, Rose Holman, Rich Bornt, Dave Fleischhacker, Chad Rogness, Cody Denucci, Mike Hagen, and Dave Adams for their work in preparation of and during the 2008 Primary and General elections. Public Works Director Sanders stated the Middle St. Croix Water Management Organization discussed the storm water credits at their last meeting and approved allowing the credits for municipalities only. He said the City would be receiving a revised resolution to sign in the near future; Councilmember Milbrandt noted that all communities in the Water Management Organization will have to approve of the measure. Mayor Harycki asked Mr. Sanders to check on a previous question regarding the narrowing of Chestnut Street as part of the street improvement project. Finance Director Harrison told the Council the City has been awarded the Certificate of Achievement for Financial Reporting for the 19th consecutive year. City Administrator Hansen reminded the Council the Truth in Taxation hearing will take place on December 1. Mayor Harycki asked about the new sales tax revenues. Mr. Hansen said the City had received a memo from the League of Minnesota Cities and it appears that grants that will be issued from the sales tax revenues will be awarded to existing agencies; regarding grants to arts organizations, and it appears the Legislature will be deciding that issue and advised that any arts groups looking to apply for grants ought to contact their State Legislators. Mayor Harycki asked for an update in spring. CONSENT AGENDA Mayor Harycki asked that items 7-12 be pulled for further discussion. Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to approve the Consent Agenda items 1-6 and 13. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None 1. Resolution 2008-151, directing payment of bills 2. Resolution 2008-152, approving 2009 liquor and tobacco licenses Page 4 of 12 City Council Meeting November 18, 2008 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 purohase two laptops for Administration and Fire Departments 8. Possible approval to purchase a color soanner for Engineering, Community Development and Building 9. Possible approval to purchase two oomputers for the Polioe Department 10. Possible approval to purchase digital voioe reoorders Polioe Department 11. Possible approval to purchase sewer camera Sewer Department 12. Possible approval to purchase traffio counters 13. Possible approval of utility bill adjustment Regarding items 7-12, Mayor Harycki spoke of the state of the economy, noting that the City currently has a hiring freeze for non-emergency services and that he would like the Council to consider a capital spending freeze for non-emergency items as well. Councilmember Polehna felt that Item 11, a sewer camera, to be an emergency item. Councilmember Gag suggested giving some discretion to City Administrator Hansen as to whether an item is a necessity, otherwise he would be comfortable with the proposed spending freeze, and that he would second the motion with that caveat. Mayor Harycki amended his motion to include granting the City Administrator discretion in determining whether an item is a necessity. Councilmember Nyberg said he thought the Council had done a pretty good job of crunching the budget over the last two years, and that he did not want to get in the position of strapping City staff with equipment that doesn't function properly. Councilmember Polehna agreed with the freeze in concept but said he had a problem when it hurts central functions of the community, like the sewer camera; if those items are left to the City Administrator's discretion, he wouldn't have a problem with the proposal. . Chief Gannaway explained the necessity of the two requested computer purchases for his department (Item 9). Councilmember Milbrandt pointed out that the Council had reviewed line items in setting the budget and suggested this was more of a knee-jerk reaction to capital items than a prudent management of resources; he suggested changing the motion to have all capital items come to the Council with justification to be included in the agenda packet. Motion by Mayor Harycki, seconded by Councilmember Gag to institute a capital spending freeze for non-emergency items. Motion passed (4-1, Councilmember Milbrandt) Page 5 of 12 City Council Meeting November 18, 2008 Polehna asked how such capital requests would be handled -:- whether the Council would simply approve requests that City Administrator Hansen had reviewed and found necessary or review the requests line item by line item; Mayor Harycki and Councilmember Gag said they envisioned having Mr. Hansen review the justification for the requests, like the process used in this year's budget setting. It was consensus to send items 7-12 to Mr. Hansen for review. Councilmember Nyberg said he thought City staff does an outstanding job of going through the budget and wanted to assure staff that the Council would continue to support the services staff needs. UNFINISHED BUSINESS Possible 2nd readino of Ordinance 999. an Ordinance amendino the Charter of the City of Stillwater City Attorney Magnuson stated that this is housekeeping measure that was brought to the City's attention by the Charter Commission. Motion by Councilmember Nyberg, seconded by Councilmember Polehna to adopt Ordinance 999, an' Ordinance amending the Charter of the City of Stillwater Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Server room update MIS Specialist Holman noted she had been asked to check into the feasibility of getting a waterless fire suppression system installed in the server room before moving the server to a different location at City Hall. She stated that she was advised there are a number of things that need to be done to the room to prepare for such a system, including sealing off the room and additional electrical work. She said she thought something needs to be done and suggested spending $19,000 to protect equipment worth about $99,000, not taking into consideration the value of protecting the data, is well worth the investment. She said it is her recommendation to move the server equipment to the existing Mayor's office as the room currently housing the equipment is very small and there is a security issue with the current location. Mayor Harycki suggested utilizing the existing space by moving some Finance Department equipment and changing,the locks versus relocating the server equipment to the Mayor's office. City Administrator Hansen noted that the proposal to move to the Mayor's office will address the need for future space. Ms. Holman spoke to several advantages of moving, including accessibility for installation of the needed HVAC eq.uipment, security and size. On a request by Mayor Harycki, this issue was tabled for future consideration. Page 6 of 12 City Council Meeting November 18, 2008 NEW BUSINESS Discussion of utilitv bill charaes Finance Director Harrison informed the Council that as a result of the last internal review it was discovered that 10 accounts had not been billed for services received, residents who had hooked up to City sewer were not being billed. Past practice has been to bill the customers back to the time of hookup for services received. The amount of back billing ranged from $11.70 to $3,015.20. She noted there has been some concern regarding the fairness of the practice of back billing and asked the Council for direction. Mayor Harycki noted that City Attorney Magnuson had looked into the issue of statutory limitations; Mr. Magnuson said he did not think any of the billings would be barred by the statute. Mr. Magnuson stated that he advised Ms. Harrison that it is entirely within the City's discretion to adjust the billing. Mayor Harycki stated he had heard the residents with the two largest back billings who were looking for options. City Administrator Hansen said he had received a call from a resident who stated her opinion that people who received the service should be billed; Mr. Hansen also stated that he received about three other similar calls in the last several weeks. Mr. Hansen stated that, in his opinion, because there was an error on the City's part, if the Council does decide to back bill, the charge should be interest free, and the customer should be given a time to repay the back billing equal to the time of the error. Councilmember Gag informed the rest of the Council that he had received numerous phone calls from folks who believe that everyone should pay their fair share and he thought the fairest way of dealing this would be that suggested by Mr. Hansen - interest free, carried on a special assessment equal to the time of the original mistake. Karen Richtman, 2854 Nightingale Court, stated that she and her husband had moved into the City several years ago and hooked up to City sewer after experiencing problems with their septic system, but that she was surprised to receive a bill that stated "to be paid December 12. She said they realize they do owe the money because they received the services and she thought it would be fair to acknowledge they had been receiving the service for three years and have three years to pay back the money. She said she thought it is important for new customers to be informed about things such as methods of billing/assessments, etc. The resident of1017 Fourth Avenue S., the person who had the largest bill, said she was shocked to receive the bill. She suggested that billing back to 1997 is something that she could not do to her business customers. She noted that as part of their purchase agreement, the sellers were to put in the septic, which may have contributed to the problem. Mayor Harycki pointed out that if the $3,000 is spread out over 10 years, payments would be just over $300 a year which could ease the financial burden. Page 7 of 12 City Council Meeting November 18, 2008 Ms. Harrison recommended that rather than a special assessment on the property taxes, the amount be carried as a balance on the City's sewer bill, which will give the City more control and discretion. Ms. Harrison said she would like the customers in question to call her office and let the City know how they want to make payments and stated that she would like to make the repayments as flexible as possible. Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg directing the Finance Director to do the billing and give the customers in question as many years as they were not charged to repay the amount, at no interest, with staff to contact the customers individually regarding the arrangements. All in favor. Discussion on sidewalk sian policv Community Development Director Turnblad noted that the Council had appointed a task force to look at the issue of sidewalk signage in the downtown area and charged that task force with putting together a recommended policy of guidelines for permitting such signs downtown. Mr. Turnblad said the recommendation was taken to the Heritage Preservation Commission, and the HPC unanimously recommended that the guidelines be adopted. The Planning Commission approved the guidelines on a split (4-2) vote, he noted, with concerns regarding the cost of the annual sign permit, concerns regarding state law which prohibits commercial advertising within the right-of-way of state streets and other streets not in the City's jurisdiction, and concerns regarding liability. Mr. Turnblad said regarding the concern over state statute, staff has discussed the issue with the Minnesota Department of Transportation (MnDOT) on several occasions and MnDOT has indicated informally it is alright with the policy. Regarding the liability concern, Mr. Turnblad said additional language has been added to reduce any City liability that might come from issuing sign permits to utilize state right-of-way and MnDOT has indicated it is alright with that language. Councilmember Nyberg asked about the sign permit, whether it would be some type of sticker, and how the signage would be approved. Councilmember Gag, who served on the task force, responded that it would be a sticker similar to an annual license tab and a business owner would have to fill out paperwork regarding the proposed sign. Council member Nyberg asked about enforcement; Councilmember Gag said it was the feeling of the task force that if thesignage is going to be used, there should be some guidelines and some type of permit. Fire Chief Glaser pointed out there may be situations where a business cannot meet code for egress due to a sandwich board sign placement; it was suggested that language be added indicating signage is permitted contingent on meeting fire code. Mayor Harycki expressed a concern about the proposed $50 permit fee, noting businesses are already paying property taxes; Councilmember Gag pointed out there are a number of businesses that will not be able to have sidewalk signage because of setbacks and the task force felt a permit fee that would be designated for downtown improvement projects would be a more fair approach. Councilmember Polehna pointed out that a change in MnDOT personnel could negate the whole policy and that he was a little nervous regarding a verbal agreement as suggested. City Attorney Magnuson stated the City will not get any more Page 8 of 12 City Council Meeting November 18, 2008 than a verbal okay from MnDOT and pointed out that in the not too distant future, there likely will be a turn-back of Main Street to City jurisdiction when a new bridge is constructed. City Attorney Magnuson stated MnDOT is comfortable with the policy and the City made changes in the language to accommodate their concerns. Mr. Turnblad noted there are other communities in the state in similar situations that have worked out informal arrangements with MnDOT. Councilmember Polehna expressed a concern about the appearance of some of the previous signs and asked if there is some protection in the guidelines. Councilmember Milbrandt suggested this is a good start that should be implemented on a trial basis for a year and evaluated after that time to see if there are any minor changes that ought to be made. Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to adopt Resolution 2008-157, approving Sidewalk Sign Policy, implemented on a trial basis for a year and evaluated after that time to see if there are any minor changes that ought to be made Possible approval to enter into fuel purchase program with MnDOT Public Works Director Sanders reviewed the proposal to participate in a fuel consortium purchase program through MnDOT. He stated there are two programs - a fixed price program, with a set price for fuel for the entire period of the annual contract, and a spot price program based on the daily average price. He said MnDOT and other agencies are recommending that participants not submit 100 percent of their monthly fuel usage for the fixed price program, perhaps 50-80 percent, so as to allow for the possibility of lower fuel prices. On a question by Mayor Harycki, Mr. Sanders informed the Council that MnDOT would put the contract out for bid in December, typically the lowest month of the year for fuel prices. Mr. Sanders said the City could participate in the spot price program only if the Council so desires. On a question by Councilmember Milbrandt, Mr. Sanders said there is a contract for both diesel and unleaded gasoline. Motion by Councilmember Gag, seconded by Councilmember Nyberg to adopt Resolution 2008-158, approval to enter into Fuel Purchase Program with MN/DOT, at 50% fixed. Possible orderino of feasibility report for 2009 Street Improvements Public Works Director Sanders reviewed the proposed 2009 street improvement project. He noted the proposal includes both mill and overlay projects and total street reconstructions. He said the proposal includes about 2.1 miles; if costs come in too high, some streets might have to be eliminated. Mayor Harycki asked staff to look at some temporary fix in front of the Post Office on Third Street. Councilmember Gag stated that before entering into any feasibility study, it might be wise for the Council to decide on a long-term road improvement policy. Councilmember Nyberg said he is in favor of a long-term policy but suggested with the current state of the economy, it is the wrong time to be raising citizen contribution or instituting a blanket City fee. City Administrator Hansen pointed out that ordering the feasibility report is not tantamount to ordering the project and there will be opportunity before project approval Page 9 of 12 City Council Meeting November 18, 2008 to "pull the plug." Councilmember Polehna asked about the inclusion of Oak Glen Trail, saying he had received a number of calls about the condition of that street. Mr. Sanders pointed out the City have 16 miles of streets rated "poor" or worse, and the City is only doing 2 miles a year in its annual street improvement projects. Motion by Councilmember Nyberg, seconded by Councilmember Milbrandt to adopt Resolution 2008-159, ordering preparation of report for 2009 Street Improvements. Ayes: Councilmembers Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: Councilmember Gag Possible appointment to Water Board Mayor Harycki asked when the vacancy would take place. City Attorney Magnuson said the appointment will take effect immediately. Mr. Magnuson also stated there are no rules/statutes that preclude a council person from serving on the Water Board. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to adopt Resolution 2008-160, approving appointment to the Board of Water Commissioners, appointing Adam Nyberg. Ayes: Councilmembers Gag, Milbrandt, Polehna and Mayor Harycki Abstain: Councilmember Nyberg Possible appointment to Downtown Parkino Commission (Resolution - Roll Call) Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to adopt Resolution 2008-161, approving appointment to the Downtown Parking Commission, appointing David Junker. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible approval of license for encroachment issue with Washinoton Park City Attorney Magnuson reviewed the issue of the encroachment on Washington Park. He noted that because the City has owned Washington Park since its dedication, a survey was never completed and the corners never located with any certainty. Due to the recent improvements to the Park that were financed by the benefactors, a survey was done, and it was determined that the westerly line is about 10.5 feet east of where it was thought to be. As a result, it has been discovered that a garage and shed of a home on West Abbott Street encroach on the Park. Mr. Magnuson said it is his recommendation that the City grant a license to the homeowner in question allowing the encroachment unless the buildings are destroyed or need to be rebuilt at some point in which case the structures would be located on the owner's property and any remnants removed from City property. Page 10 of 12 City Council Meeting November 18, 2008 Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to approve the drafting of a municipal license for encroachment as recommended. Ayes: Councilmembers Gag, Milbrandt, Polehna and Mayor Harycki Abstain: Councilmember Nyberg . Possible approval of donation of Frisbee qolf equipment to Stillwater Junior Hiqh City Administrator Hansen informed the Council he was contacted by Andy Olson, physical education teacher at Stillwater Junior High, who asked if the City would consider donating the Frisbee golf equipment to the Junior High. Mr. Hansen said upon inspecting the equipment, Mr. Olson determined that about nine holes of the equipment can be salvaged, and Mr. Hansen suggested that any public use of the equipment would be better than simply keeping it and letting it rot in storage. Mr. Hansen said the school proposes to take the equipment inside when not in use to prevent the past problem with vandalism. Councilmember Nyberg noted the equipment was donated to the City and asked whether the donor had been contacted. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to donate the equipment subject to the donor's, Sunrise Rotary approval. Councilmember Polehna asked if the course would be open to the public; he noted that Frisbee golf is becoming increasingly popular and wondered whether the equipment is something the City's Park Commission might like to utilize. Councilmember Milbrandt withdrew his motion, Councilmember Polehna withdrew his second and Council directed the request to the Parks Commission. Staff was also directed to contact Sunrise Rotary regarding the request. COMMUNICA TIONS/REQUESTS Councilmember Polehna noted the Human Rights Commission is meeting November. 19, a change due to the Thanksgiving holiday. COUNCIL REQUEST ITEMS Mayor Harycki asked about the outcome of a previous issue regarding encroachment at Kolliner Park. City Attorney Magnuson stated that the survey shows that some improvements made by a private landowner are on encroaching on City property. S1. Croix County asked that the City approve a variance to allow for the encroachment, and advised the Council that the City could not agree to and nothing else has occurred to date. There was a question as to whether the City could grant a license as it did for Washington Square. City Attorney Magnuson said the City could do that as it is a private landowner in Wisconsin, with no municipal powers. Councilmember Milbrandt pointed out that land will come into play when the new bridge is constructed and that he Page 11 of 12 City Council Meeting November 18, 2008 would not like any license issued before trail locations are determined. Councilmember Nyberg asked about issuing a temporary license, year by year, until the bridge issues are resolved. There was a question about liability; City Attorney Magnuson said an indemnity clause could be included in any license. STAFF REPORTS Finance Director Harrison told the Council she had receive notice of her accountant's resignation and that she would be returning with information about the impact of the resignation on her department and the hiring freeze. ADJOURNMENT Motion by Councilmember Nyberg, seconded by Councilmember Polehna to adjourn at 9:45 p.m. All in favor. ' Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2008-151, directing payment of bills Resolution 2008-152, approving 2009 liquor and tobacco licenses Resolution 2008-153, approving contract with Lemicke Construction Resolution 2008-154, approving 2009 Dock Permit for St. Croix Boat & Packet Resolution 2008-155, approving St. Croix Catering management agreement for Recreation Center Resolution 2008-156, approving agreement with Washington County Conservation District Resolution 2008-157, approving Sidewalk Sign Policy Resolution 2008-158, approval to enter into Fuel Purchase Program with MN/DOT Resolution 2008-159, ordering preparation of report for 2009 Street Improvements Resolution 2008-160, approving appointment to the Board of Water Commissioners Resolution 2008-161, approving appointment to the Downtown Parking Commission Ordinance 999, an Ordinance amending the Charter of the City of Stillwater Page 12 of 12 LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2008-162 1ST Line/leewes Ventures llC A-1 Maintenance, Inc. Adams, Dave Advanced Sportswear AI's Coffee Company American Classic Homes Aramark Aramark Uniform Services Aspen Mills B J Haines Tree Service BCA/Training & Development Board of Water Commissioner Boyer Ford Trucks Burschville Construction Inc. Carquest Auto Parts Cates Construction COW Government, Inc. Coca-Cola Bottling Company Comcast Computer Services of Florida Continental Research Corporation Corporate Mechanical Cub Foods Dakota Supply Group Denny Hecker Auto Connection Emergency Medical Products, Inc Empson, Donald Fleishhaker, Dave GCR Minneapolis Truck Tire Center General Security Services Corp Infratech, Inc. International Assoc. For Property & Evidence Johnson Controls Kraftson, Torry l.T.G.Power M/ A Associates, Inc. Mac Queen Equipment Inc. Menards MN Office Of Enterprise Technology MN Police & Peace Officer Assoc. Office Depot Oswald Hose & Adapters Papco, Inc. Polar Chevrolet & Mazda Professional Wireless Communications Riedell Shoes, Inc. Concession Supplies 711 S. Greeley - Clean Up Services Reimburse for Mileage Uniform Shirts/Rec Center Concession Supplies Grading Escrow Refund Uniform Shirt/Building Dept. Uniform Cleaning Uniforms/Police Dept. Tree Removal Training September 2008 WAC Charges Equipment Repair Supplies Final Payment Application/Phase III Utility Equipment Repair Supplies Grading Escrow Refund Diskeeper 2008 Maintenance Agreement Soda for Concessions Cable/Rec Center Equipment Repair Supplies Equipment Repair Supplies Repair Wiring and Gas Line at PW Facility Donuts for Concessions Equipment Repair Supplies Vehicle Repairs Medical Supplies for Medic Bags in Squads Professional Services Work Boot Reimbursement Squad Tires Alarm Monitoring Services Storm Sewer Repair Police Training HVAC System Repairs Reimburse for Parking Fees Handguard, Handle Bar Kit Janitorial Supplies Equipment Repair Supplies Equipment Repair Supplies November 2008 Wide Area Network Usage Membership Dues Office Supplies Equipment Repair Supplies Squeegee Blades Sewer Television Van Guardian Monthly Svc, Cell Antenna, Beacon Skates for Resale 910.45 798.75 38.26 302.25 1,505.05 1,500.00 33.99 134.40 814.60 426.00 180.00 12,771.00 26.82 21,545.32 207.87 1,500.00 451.00 686.42 136.66 437.10 196.42 1,101.75 48.68 144.97 71.27 337.35 3,000.00 75.00 632.40 71.22 15,245.00 325.00 658.44 8.00 108.84 240.58 898.16 60.51 65.00 35.00 1,289.63 414.66 115.34 31,613.00 212.89 418.89 EXHIBIT" A" TO RESOLUTION #2008-162 Short Elliott Hendrickson Simplex Grinnell LP St. Croix Recreation Co. Sun Newspapers Symbol Arts Twin Cities Wrecker Sales Inc. United Refrigeration, Inc. UPS Freight USA Mobility Wireless, Inc. USAble Life Wal Mart Community Washington County Auditor/Treasurer Washington County Recorder Washington County Sheriff's Office Yocum Oil Company Zack's Inc. Zee Medical Service LIBRARY Ace Hardware ACP Direct Avenet Web Solutions Baker & Taylor, Inc. Bertalmio, Lynne Budget Lighting, Inc. BWI Book Wholesalers CDW Government, Inc. DeSteno, Deborah G & K Services Jones Library Sales, Inc. MN Office Of Enterprise Technology National Geographic Society Office Depot Office Max People Friendly Places, Inc. Stringer Business Systems Vend Print, Inc. Washington County Library Consulting Engineer Services Repairs to Fire Alarm Tot Seats Publications Employee Recognition Program Coins Hammerlock Equipment Repair Supplies Freight Pager Service December 2008 Term Life Insurance Equipment Repair Supplies Monies From Forfeitures Recording Fees Terminal Access Charges Fuel Snow Pusher First Aid Supplies General Supplies Labsonic Personal Headphone 12 Month Service Package Books, Reference Materials Reimburse for Mileage Light Bulbs Children's Books Supplies for Library Server Room Professional Services Rug/Towel Service Shelving Telephone Nonfiction Book Office Supplies Office Supplies Children's Program Equipment Maintenance Contract Vend print Professional Print Management Electronic Database Page 2 2,216.05 1,262.15 330.59 86.67 930.00 317.97 68.75 30.00 10.68 435.12 76.43 285.78 373.00 6,105.00 4,218.99 107.80 56.45 177.01 83.70 600.00 1,953.12 95.94 391.48 10.18 337.66 194.76 179.84 7,800.00 280.74 15.90 62.88 696.31 1,263.00 15.56 5,575.00 275.00 Stillwater Public Library 224 N. Third St. Stillwater MN 55082 www.stillwaterlibrarv .on! 651.275.4338 MeVltt.o To: Mayor and City Council From: Lynne Bertalmio, Library Director Re: Rollover of 2008 Capital Funds November 19,2008 I have just been informed that the delivery date has been delayed on one of our 2008 capital items. $4,000 is included in our capital budget for children's programming equipment. The first shipment of the equipment, costing $1,263 has arrived, but the second shipment of the equipment has been delayed to mid-January. We would like to roll $$2,737 of our capital funds into 2009 to accommodate this delay. Memorandum To: Mayor and City Council From: Shawn Sanders, Pubtft Works Director Date: November 24, 2008 Subject: Phase III Utilities Project (project 2006-09A&B) Acceptance of Work and Final Payment DISCUSSION The work on the above project has been completed. The contractor has submitted their applications for payment and required information to allow for final payment. If Council accepts the work and authorizes final payment the one-year warranty will begin. RECOMMENDATION Staff recommends that Council accept the work and authorize final payment to Burschville Construction, Inc. in the amount of$21,545.32. ACTION REQUIRED If Council concurs with staff recommendation, Council should pass a motion adopting Resolution No. 2008-_, ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR PHASE III UTILITIES PROJECT (PROJECT 2006-09A&B) RESOLUTION 2008-164 ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR PHASE III UTILITIES (PROJECT 2006-09A&B) WHEREAS, pursuant to a written contract signed between the City and Burschville Construction, Inc. for installation of trunk sewer main and watermain to serve Millbrook Development on the Phase III Utilities Project (Project 2006-09A&B) and their work has been completed with regard to the improvement in accordance with such contract, BE IT FURTHER RESOLVED: That the city clerk and mayor are hereby directed to issue a proper order for the final payment of$21,545.32 on such contract, taking Burschville Construction, Inc. receipt in full. Adopted by the Council this 1st day of December 2008. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk /L1.fl{;re/eS$ CommunicatiOnS 451 Cliff Road East, Suite 101, Burnsville, MN 55337 Phone: 952-746-2500 Fax: 952-746-2300 Maintenance Contract Agreement Name: Address: City, State, Zip: Contact Name: Superintendent Telephone: Fax Number: Stillwater Public Works 216 North 4rth Street Stillwater, MN 55082 Tim Thomsen/ Date: 11/24/2008 Maintenance Period: Jan. 12009 - December 31,2009 Payment Schedule: Quarterly Special Instructions/Comments: 651-275-4102 651-351-2844 Radio System Maintenance Program Item Quantity Description Location Monthly Fees Place of Service Rate/Mo. Total I I Basel Kenwood Mobile **city hall Customer site $ 8.00 $ 8.00 2 I Basel Kenwood Mobile * * front desk Customer site $ 8.00 $ 8.00 3 13 Mobilesl maxtracl ***maxar Public works Customer site $ 8.00 $ 104.00 4 16 Kenwood TK 762 Mobiles Public works Customer site $ 8.00 $ 128.00 5 7 Kenwood/ Motorola Portables Public works PWC shop $ 7.00 $ 49.00 6 3 Mobile Radios Engineering Customer site $ 8.00 $ 24.00 7 2 Portable Radios Engineering PWC shop $ 7.00 $ 14.00 8 I Motorola Base wi Pwr Supply Wilkins Street Time & Materials 0.00 0.00 9 3 Kenwood TK 7160 Mobiles Warranty Warranty 0.00 0.00 399/400/526 (thru 09) . * * covers radio; miclpwr spply are above contract ** parts are scarse. Radio may need to be replaced Monthly Total $ 335.00 . Maintenance Agreement customers receive priority service on all equipment repairs. . Trip Charge is Included. . . Normal Service Hours are Mon.- Fri. 8AM - 4:30PM excluding holidays. Calls coming in after 3PM may receive service the next day. After Hour Emergency Service is available for an extra fee. . This agreement covers all repairs. Physical, liquid or damage other than normal wear & tear will be considered above contract. . Batteriesl antennasl mics are accessory items. . Annual Preventive Maintenance is Included on all Infrastructure. Professional Wireless Communications Customer By: By: Date: . . . . . . . . Professional Wireless Communications By: Customer By: Date: Professional Wireless Hardware Support Agreement General Provisions Schedule Maintenance: Includes the labor and parts necessary to inspect, clean, maintain and repair equipment at the service center listed on the reverse side of this Agreement, according to the coverage selected (See Rate 1 or Rate 2). Rate 1: This rate reflects coverage limited to internal components of the chassis and control head (if applicable) only. Service for all supporting accessories (i.e., vehicle battery, power supply, wiring to radio, antenna parts, microphone, speaker) will be at regular rates (Time & Material). Rate 2: This rate reflects coverage to all chassis, control head, and accessories supporting the operation of the 2-way radio. Power to the radio must be free from noise interference and supply proper radio power levels. Field Service: Is included in maintenance agreement. T & M calls will be charged a trip fee. Unlimited Number of Service Calls: During the Contract period, all parts and labor are included as described under Rate 1 or Rate 2 in the yearly charge. When requested, service will be furnished during normal business hours of 8:00am - 5:00pm, Monday through Friday (Except on National Holidays). 24-hour on-call service is available with charges over and above the Contract rate. Service provided under this Agreement shall not include labor, parts or expenses necessary to repair damage caused by acts of God, strikes, fire, water, accident, misuse, or service by unauthorized personnel. Professional Wireless Inc., will not be liable, for any failure or delay in performance due in whole or part to any cause beyond Professional Wireless control. Professional Wireless shall not be liable for loss or profit or other economic loss, indirect, special, consequential or other similar damages arising out of any breach of this Agreement or obligations under this Agreement. Invoices will be rendered and payment is to be made in advance on a basis at the current rates. No Service will be performed if your account is 30 days past due. This Agreement will renew itself automatically each year at the rates in effect at the time of renewal and will continue on an annual basis unless cancelled by either party by 30 day written notice. Units added to the existing Contract Agreement will be pro-rated to maintain annual renewal of all covered units. Customer will pay, or reimburse, PWC for all state and local taxes imposed on Customer or PWC as a result of this Agreement. This Agreement may be assigned only with the prior written consent of PWC. This Agreement is governed by the Laws of the State of Minnesota. FCC records and requirements are the responsibility of the licensee. However, Professional Wireless will assist with renewal or initiation of a new license upon customer request. This Agreement includes an annual preventive maintenance check of system to ensure maximum uptime per customer request. Agreement is contingent upon verification of quantities, serial numbers and units in good working condition. SA Customer will receive a 5% discount on battery and accessory items. Customer will receive a 5% discount for annual billing. * When signed on the reverse side, this Agreement shall be in effect as described above. RESOLUTION 2008-165 APPROVAL TO ENTER INTO AGREEMENT WITH PWC (PROFESSIONAL WIRELESS COMMUNICATIONS BE IT RESOLVED by the City Council of Stillwater, MN that the maintenance agreement with PWC (Professional Wireless Communication> for Public Works Radio System Maintenance, as on file with the City Clerk, are hereby approved and authorizes the Mayor to enter into and sign said agreement. Adopted by the Stillwater City Council this 1 st day of December, 2008 Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk , RESOLUTION 2008-166 A RESOLUTION ADOPTING AN ASSESSMENT WHEREAS, pursuant to Minn. Stat. ~514.67 and Stillwater City Code, Chapter 33 ~33-3, the City Council of the City of Stillwater, Washington County, Minnesota, met and considered charges against property for governmental services and consultant services; and WHEREAS, Notice of the charges that remain unpaid were sent to the present owner on September 3,2008 and the charges remain unpaid. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater: 1. The proposed assessment, a copy of which is attached hereto and made a part hereof as Exhibit "A," is hereby accepted and shall constitute a first and prior lien against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. The assessment shall be payable in one installment to be payable on or before the first Monday in January, 2009 and bear interest at the rate of five and one-half (5 lh%) percent per annum from the date of the adoption of this resolution. To this installment shall be added interest on the entire assessment from the date ofthis Resolution until December 31, 2009. 3. The owner of the property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest, accrued to the date of payment to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this Resolution; and may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment with interest. Such payment must be made before December 15, 2008 or interest will be charged through December 31, 2009. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by affirmative vote of all the members of the City Council this 1 st day of December, 2008. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk \ STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) I, Diane F. Ward, Clerk of the City of Stillwater, hereby certify that the above and foregoing is a true, full and correct copy of a Resolution adopted by the City of Stillwater at a meeting held, according to law, at Stillwater, Minnesota on the 1st day of December, 2008, as the same appears on file and of record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City, this 1 st day of December, 2008. Diane F . Ward, City Clerk EXHIBIT "A" ACTIVITY STATEMENT SEND TO CUST NO DATE: Lake Elmo Bank Brian Kenmitz 1937 Greeley Street South Stillwater, MN 55082 100578 11110/2008 ACCOUNT 0000050 AR account for 100578 STATEMENT PERIOD All Account History PREVIOUS BALANCE: 0.00 ACTIVITY THIS PERIOD: REF. DATE TYPE DESCRIPTION AMOUNT BAL. FWD 0024376 06/19/2007 INVOICE Developer Billing See Attached 12,544.02 12,544.02 0024585 07/10/2007 INVOICE Developer Billing See Attached 2,188.62 14,732.64 0025703 10/09/2007 INVOICE Developer Billing-See Attached 928.16 15,660.80 0026586 01/23/2008 INVOICE Developer Billing-See Attached 312.50 15,973.30 0026957 02/21/2008 PAYMENT -312.50 15,660.80 0029283 10/21/2008 INVOICE Developer Billing-See Attached 250.00 15,910.80 BALANCE FORWARD: 15,910.80 Please remit payment for the balance of your account to: For questions regarding your statement, please contact: City of Stillwater 216 North 4th Street Stillwater, MN 55082 ~ .... w CD .... 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C) C -- .t: fn 3! ~ .c -C Q) -C -- > o ... c. c o -- ....... ca E ... ~ t: - C) l- e: .- (1) E ('- ~ ('- ca 0 ('- ~ CJ tn s... e: 0 -- 0 ~ ~ en .- ~ ... tn 'I- 0 ~ 0 ~ ~ ~ ~ a ~ e: -- co () .c: I- ~ City Council DATE: November 24, 2008 CASE NO.: 08-46 APPLICANT: City of Stillwater REQUEST: A zoning text amendment to the sign regulations (Section 31-509 Subd. 8 through Subd. 11) related to signage in the BP-Business Park zoning district. CC DATE: December 1, 2008 PREPARED BY: Michel Pogge, City Planner ~~~Q REVIEWERS: Community Development Director BACKGROUND On July 14 the Planning Commission held a public hearing and reviewed a request from Edina Realty for a second sign on the property in the Business Park - Commercial' zoning district. At that meeting, the Commission elected to table the item and request that the City Council consider an amendment to allow additional signage in the BP zoning districts. The Council considered the Commission request at their August 12th meeting and authorized the Commission to recommend changes to the sign regulations for the BP zoning districts. DISCUSSION Attached are the proposed changes to the BP signage regulations. The basic change is first to allow more than one sign on each site and second to establish a cap on the total amount of signage permitted on each individual site. The cap or total in signage ("Total Allowable Sign Area") is proposed to be 15 percent of the total wall surface facing the street. Each property would be permitted a minimum of 100 square feet and a maximum of 300 square feet of total sign area. For buildings that face two or more streets, the average of the wall surfaces facing public streets would be used to calculate the total sign area. This formula is similar to that used in Oak Park Heights and it makes some sense to have consistent signage on both sides of the highway 36 corridor. , BP Signage Page 2 For wall signage, the existing ordinance allows one wall sign with a size limit of 1 square foot of signage per linear foot of building frontage. This would remain. Additionally, each property would still be limited to 1 freestanding sign that is up to 100 square feet in size. As revised, it is proposed that a building could now have both a wall sign and a freestanding sign. Currently only one or the other is permitted. Related to Edina Realty they have 1050 square feet of wall surface (70' by 15') facing Highway 36. Fifteen percent of the wall surface is 157.5 square feet. Using this proposed ordinance change, Edina Realty existing 100 square foot freestanding sign and 54.58 square foot building sign would be permitted. NOVEMBER 3, 2008 HERITAGE PRESERVATION COMMISSION MEETING The Heritage Preservation Commission reviewed the proposed code. Staff made changed to the code to address the HPC's suggestions. The Commission made no formal recommendation to the Planning Commission on the amendment. NOVEMBER 10,2008 PLANNING COMMISSION MEETING The Planning Commission reviewed the proposed code. With a few minor changes to clarify the language, the Commission voted 6-0 to recommend the proposed ordinance to the City Council. AL TERNATIVES The City Council has the following options: 1. Approve the proposed ordinance amendment. 2. Deny the proposed ordinance amendment. 3. Continue the public hearing until the December 16, 2008 City Council meeting. RECOMMENDATION Review and take an action. 7 legislative Version ~'~ID€I~,Permitted signs by a sign permit in BP-business park districts. All commercial, office and industrial signs in all BP districts are subject to the following conditions: signs. Wall signs in the BP district shall meet the following requirements: (1) Area. The gross surface area of a wall sign may not exceed one square foot for each foot of building, parallel or substantially parallel to the front lot line. (2) Location. A wall sign must be located on the outermost wall of any principal building but may not project more than 16 inches from the wall to which the sign is affixed. The location and arrangement of all wall signs is subject to the review and approval of the community development director. (3) Height. A wall sign may not project higher than the parapet line of the wall to which the sign is affixed or 20 feet as measured from the base of the building wall to which the sign is affixed, whichever is lower. (4) Special cOnditions. Where a principal building is devoted to two or more uses, the operator of each use may install a wall sign upon each share of the building. _A sign plan must be submitted for the entire building that shows the location, sizes, types and elevations of all signs are subject to the following restrictions: i. All signs must be visually consistent in location, design and scale. lL_ The total gross signage for the entire building shall not exceed one square foot for each foot of building face parallel, or substantially parallel, to a street lot line or a minimum of 25 square feet per (hH,~L___Freestanding signs. Freestanding signs in the BP district shall meet the following requirements: (1) Area. The gross surface area of a may not exceed 100 square feet for each exposed face nor exceed an aggregate gross surface area of 200 square feet. (2) Location. A must be set back 15 feet from the front or side property line. (3) Height. Obt may not project higher than 1 ~measured from base of sign or grade of the nearest adjacent roadway, whichever is lower. (4) Number. There may be one freestanding sign per development site. {z:::itrll,____..__Awning, canopy or marquee signs. Awning, canopy or marquee signs in the BP district shall meet the following requirements: (1) Area. The gross surface area of an awning, canopy or marquee sign may not exceed 50 percent of the gross surface area of the awning, canopy or marquee to which the sign is affixed. (2) Location. A sign may be affixed to or located upon any awning, canopy or marquee. (3) Height. An awning, canopy or marquee sign may not project higher than the top of the awning, canopy or marquee to which the sign is affixed. {fll{,s:L_,.Multitenant master signfJfEJib~. according to the following requirements: (1) Building master identification signs may not contain the names of any tenants or occupants of'the center. (2) If the multitenant commercial building has a floor area of 40,000 square feet or less, the building may have a freestanding sign with a maximum of one square foot of sign for each five feet of building frontage or 40 square feet maximum with a maximum height of eight feet. (3) If the multitenant commercial building has a floor area greater than 40,000 square feet, but less than the 100,000 square feet, the entry may have a master identification sign with a maximum of 75 square feet on each side and with a maximum height of 20 feet. HLlf the multitenant commercial building has a floor area of greater than 100,000 square feet, the center may have a master identification sign with a maximum area of 120 square feet on each side and a maximum height of 25 feet. Subd 9. Directory signs. Directory signs are used to guide pedestrians to individual businesses within a multitenant commercial area and are permitted in BP business park districts, subject to design (a) Placement. Directory signs must be placed on the site of the development and may be erected only in internal pedestrian access areas and not in vehicle access areas. (b) Area. A directory sign may have maximum area on one square foot for each business listed on the sign and four square feet for the name of the building or complex. (c) Size. Directory signs may be freestanding but may not exceed 6 1/2 feet in height. (d) Use. A directory sign may only be used for directions and identification. ORDINANCE NO.: AN ORDINANCE AMENDING CHAPTER 31, ENTITLED ZONING ORDINANCE BY CHANGING REGULATIONS RELATED TO SIGNAGE IN THE BP-BUSINESS PARK ZONING DISTRICT. THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amending. 931-509 Subd. 8 through Subd. 11 related signage in the BP- Business Park zoning district is stricken and replaced as follows: Subd 8. Permitted signs by a sign permit in BP-business park districts. All commercial, office and industrial signs in all BP districts are subject to the following conditions: (a) Number of signs. A property may have one freestanding sign, one wall sign per building face, and as many, awning, canopy, marquee, or multitenant master signs as permitted in this Subdivision 8. (b) Wall signs. Wall signs in the BP district shall meet the following requirements: (1) Area. The gross surface area of a wall sign may not exceed one square foot for each foot of building, parallel or substantially parallel to the front lot line. (2) Location. A wall sign must be located on the outermost wall of any principal building but may not project more than 16 inches from the wall to which the sign is affixed. The location and arrangement of all wall signs is subject to the review and approval of the community development director. (3) Height. A wall sign may not project higher than the parapet line ofthe wall to which the sign is affixed or 20 feet as measured from the base of the building wall to which the sign is affixed, whichever is lower. (4) Special conditions. Where a principal building is devoted to two or more uses, the operator of each use may install a wall sign upon each share ofthe building. A sign plan must be submitted for the entire building that shows the location, sizes, types and elevations of all signs. Upon submittal of a sign permit request for an operator within a multiple-use or multiple-tenant building, proof must also be provided by the applicant that a sign plan has been approved for the entire building. If no such sign plan has been approved by the Heritage Preservation Commission, then a sign plan shall be submitted and approved by the Heritage Preservation before a sign permit may be approved for the single operation or use in question. The signs are subject to the following restrictions: i. All signs must be visually consistent in location, design and scale. ii. The total gross signage for the entire building shall not exceed one square foot for each foot of building face parallel, or substantially parallel, to a street lot line or a minimum of 25 square feet per business, whichever is more. (5) Number. There may be one wall sign per building face. (c) Freestanding signs. Freestanding signs in the BP district shall meet the following requirements: (1) Area. The gross surface area of a freestanding sign may not exceed 100 square feet for each exposed face nor exceed an aggregate gross surface area of 200 square feet. , (2) Location. A freestanding sign must be set back 15 feet from the front or side property line. (3) Height. Along State Highway 36 freestanding signs may not project higher than 25 feet. Along County Road Five from Highway 36 to Croixwood Boulevard and South Greeley from Orleans to Highway 36 freestanding sings may not project higher than 20 feet. In all other location, a freestanding sign may not project higher than 6 feet. Signs shall be measured from base of sign or grade of the nearest adjacent roadway, whichever is lower. (4) Number. There may be one freestanding sign per development site. (d) Awning, canopy or marquee signs. Awning, canopy or marquee signs in the BP district shall meet the following requirements: (1) Area. The gross surface area of an awning, canopy or marquee sign may not exceed 50 percent of the gross surface area of the awning, canopy or marquee to which the sign is affixed. (2) Location. A sign may be affixed to or located upon any awning, canopy or marquee. (3) Height. An awning, canopy or marquee sign may not project higher than the top ofthe awning, canopy or marquee to which the sign is affixed. (e) Multitenant master sign. Each multitenant or multi-use building is permitted one building master identification sign according to the following requirements: (1) Building master identification signs may not contain the names of any tenants or occupants of the center. (2) If the multitenant commercial building has a floor area of 40,000 square feet or less, the building may have a freestanding sign with a maximum of one square foot of sign for each five feet of building frontage or 40 square feet maximum with a maximum height of eight feet. (3) If themultitenant commercial building has a floor area greater than 40,000 square feet, but less than the 100,000 square feet, the entry may have a master identification sign with a maximum of 75 square feet on each side and with a maximum height of 20 feet. . (4) If the multitenant commercial building has a floor area of greater than 100,000 square feet, the center may have a master identification sign with a maximum area of 120 square feet on each side and a maximum height of 25 feet. (f) Total Allowable Sign Area. The total aggregate sign area allowed on a property for all signs permitted in subparts (a) through (e) above shall be as follows: a minimum of 100 square feet; and at a rate of 15% ofthe building wall area facing a public street, up to a maximum of 300 square feet. When a building faces two or more public streets, the building wall area shall be determined by adding the wall area of each building wall that faces a public street and dividing by the number of public streets the building faces. Subd 9. Directory signs. Directory signs are used to guide pedestrians to individual businesses within a multitenant commercial area and are permitted in BP business park districts, subject to design review. The sign area used in a directory signs shall not be calculated against the Total Allowable Sign Area in Subdivision 8. (a) Placement. Directory signs must be placed on the site of the development and may be erected only in internal pedestrian access areas and not in vehicle access areas. \ (b) Area. A directory sign may have maximum area on one square foot for each business listed on the sign and four square feet for the name of the building or complex. (c) Size. Directory signs may be freestanding but may not exceed 6 1/2 feet in height. (d) Use. A directory sign may only be used for directions and identification. Subd 10. Reserved Subd 11. Reserved 2. Savin1!. In all other ways, the City Code will remain in full force and effect. 3. Effective Date. This Ordinance will be in effect from and after its passage and publication according to law. Adopted by the City Council ofthe City of Stillwater this _ day of ,2008. Ken Harycki, Mayor ATTEST: Diane F. Warct, City Clerk ( DATE: November 20, 2008 TO: Mayor & City Council REGARDING: Review draft of 2030 Comprehensive Plan HEARING DATE: December 1,2008 FROM: Bill Turnblad, Community Development Director q BACKGROUND Throughout the summer, draft chapters of the 2030 Comprehensive Plan were developed with the direction and approval of the General Plan Steering Committee and the Downtown Plan Steering Committee. The chapters were compiled into a single volume referred to as the Review Draft, which was released for public review on October 17, 2008. Copies were given to the Stillwater Library and were made available at City Hall and on-line from the City's website. The Review Draft was presented to the City Council for comments at the October 28,2008 work session. It was also the subject of an Open House for the general public on October 29, 2008. Following that, the Heritage Preservation Commission, the Joint Board, and the Planning Commission all considered the Review Draft. On November 19, 2008 the Planning Commission held a public hearing on the Review Draft. Suggested changes so far have been more cosmetic in nature than substantive. This may be due to the quality of the committee work, comments from the public at visioning sessions and workshops, as well as all the review that has been done by City Commissions and the City Council throughout the past two years. All of that work created good draft chapters for the updated plan. 2030 Comprehensive Plan Review Draft Page 2 of3 SPECIFIC ACTION REQUESTED On December 1st the City Council's task will be twofold: 1) Conduct a public hearing to consider the Review Draft; and 2) Decide whether to approve the Review Draft. RECOMMENDATIONS Steering Committees The General Plan Steering Committee and the Downtown Plan Steering Committee both unanimously recommended approval of the individual chapters of the Review Plan. T oint Planning Board The Joint Board offered no specific comments on the Review Draft. Though, the Township's members on the Joint Board have both been involved on the General Plan Steering Committee throughoutthe entire update process. And, as noted above, the Steering Committee unanimously recommended approval of each of the draft chapters. Park Commission The Park Commission has been involved in the draft of the Park and Trail Chapter and has approved the preliminary draft of it. However, they will not be considering the final version of the Review Draft until November 24, 2008. Heritage Preservation Commission The Heritage Preservation Commission unanimously recommended approval of the Heritage Resources Chapter. Planning Commission At the close of their public hearing on November 19, the Planning Commission unanimously recommended approval of the Review Draft. NEXT STEPS 1. If the City Council approves the Review Draft on December 1, 2008 then on about December 10, 2008 City staff will distribute it to surrounding jurisdictions1 for their statutory review period of up to 6 months. I Washington County, City of Oak Park Heights, City of Lake Elmo, City of Bayport, City of Grant, Stillwater Township, School District 834, Watershed Districts and WMO, MnDOT (?), DNR (?) 2030 Comprehensive Plan Review Draft Page 3 of3 2. When jurisdictional comments are returned they will be discussed with the Planning Commission and City Council to determine whether they should be incorporated into the 2030 Plan. 3. On June 16, 2009 (earlier if surrounding jurisdictions do not use the entire 6 month period) the City Council could consider approving the 2030 Comprehensive Plan (with the condition that it be found acceptable to the Metropolitan Council before it is officially adopted by the City.) 4. On June 30, 2009 (earlier if surrounding jurisdictions do not use the entire 6 month period) City staff could submit the plan to the Metropolitan Council. They would have 60 days to determine if the plan is consistent with their systems. 5. If the Metropolitan Council finds the 2030 Plan acceptable, the City Council could adopt it on September 15, 2009 (earlier if surrounding jurisdictions do not use the entire 6 month period). I 752 Stillwater Road Mahtomedi, MN 55115 Fax6516311500 Voice 651 247 7007 dennis@dennisproperties.com www.dennisproperties.com November 25,2008 Via Hand Delivery Honorable Mayor and City Council Members City of Stillwater c/o Bill Tumblad City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Re: Comprehensive Plan Gateway Property/50 acres at Manning Avenue and Highway 36 Dear Mayor and City Council Members: I am the principal partner of Crescent Development, LLC, the owner of the 50 acres in the northeast quadrant of Manning and 36. I attended the Planning Commission meeting on November 19,2008, and made a brief presentation during the public hearing. Unfortunately, I am out of town on December 1,2008, and therefore unable to attend the City Council meeting. The primary point that I make is that it is unrealistic to think that the Stillwater market can absorb hundreds of thousands of square feet of office on the Gateway site. We believe a mixed use of retail and office is much more viable. Attached to this letter is the letter that I sent to the Planning Commission. The attached letter contains additional details about our goals for this very important site. My partner and I also emphasize our desire to work amicably with the City. Denny Trooien .<>~teJENN9S 08 properties 752 Stillwater Road Mahtomedi, MN 55115 Fax6516311500 Voice 651 247 7007 dennis@dennisproperties.com . ~\VW .del1Ilispumertis;s.com November 13, 2008 Via Hand Delivery Stillwater Planning Commission c/o Bill Tumblad City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Re: Stillwater Draft 2030 Comprehensive Plan The GA TEW A Y Property Dear Planning Commission Members: This letter is being written to you to provide input on the draft 2030 Comprehensive Plan as it ~elates to the 50 acres of land that is located in the northeast quadrant of Manning Avenue and Highway 36, which we refer to as The Gateway property. 1'. (~~ .....,,-....-+...., -:::;_~ rr;....._ n ~ ~ 1_;._ ~__ _1 T .-__ _~ +L _ ~,~__1 _ ~ ,,__...._ __~_,......, __.r n....._~ ,"" __...... ....... n -....,?.....1 ~ ...._~_ ':'......... T T 0 "",......1... =.""i 1...... In] PGlHI1i;;I, IIIH '-.-a~Hlii, aHU I ali;; Liii;; ~Vli;; VvViiCI~ VI '-.-IC;:,CCIH Ui;;V\,;iVl.i1iiCl1l, LJ..AJ, VVIii\.ill is the record owner of The Gateway. My company, DENNIS Properties, is a principal in the ownership of more than $75,000,000 of commercial real estate, primarily in the Twin Cities. Tenants include the headquarters for the Minnesota Department of Education and Minnesota Department of Corrections. I have lived in White Bear Lake for 30 years and have always regarded Stillwater as a neighbor city. We are quite proud to be the owners of a Gateway site into the City of Stillwater. I have attended a large majority of the Comp Plan meetings over the last year. Tim and I do appreciate the time and consideration which the staff, committees, Planning Commission, and City Council have expended in this process. As we have pointed out in this process, we support development of approximately half of The Gateway into a first 1 class businessparkLOurinvestmentst:yle is to own quality Qfflce.buildingso-leaseihem._, and own them for a very long time. However, we do have a concern that the City is unrealistic as to the amount of office space which the City of Stillwater can support from now through 2020, or even 2030. The City did no market study for office space at The Gateway as part of the Comp 'plan process. The current draft of the 2030 Comp Plan contemplates the entire 50 acres as corporate facilities, which could be 450,000 square feet or so of office space--and that does not include the 20 acres which Paul Bergmann owns to the north and east of us. It simply is not realistic to think that Stillwater, as far east as it is from theTwin Cities' concentration of work force and executives, could ever support that much office space. To give you some idea of the sizeof 450,000 square feet, it would be enough office space for 2,250 employees needing over 15 acres of parking lots. We also doubt that the City would want a warehouse or distribution type of facility, which certainly could bring living wage jobs, but not in the size or magnitude of other high quality development. It is because of this that we urge the City to consider other types of high quality uses, including some retail, as a part of The Gateway. This is true especially on the western portion of The Gateway. Attached is a map done by City staff that shows the cur;rent use of the western portion of The Gateway as Commercial. We do recognize that the current draft of the 2030 Comp Plan does have more flexibility in it than what was discussed earlier this year. Specifically, the draft currently states: Through implementation of the Comprehensive Plan the city will update this zoning district to expand the list of uses allowed to support the goal of a high quality development that will increase the city's tax base and provide high-paying jobs. We support that flexibility, particularly for some potential retail on the westerly side of The Gateway (but NOT all big boxes on the entire 50 acres). Tim and I do want to emphasize our desire to work with the City to achieve The Gateway image, jobs, and tax base that we all desire. Very truly yours Denny Trooien cc: Tim Cashin 2 Set forth below is a portion of the City's map entitled "Site Analysis" which shows existing land uses on the GATEWAY (Bergmann Nursery) site. The red is Commercial and the is The owner and developer of the GATEWAY SITE propose that: RED area be designated a type of Commercial/Retail on the Comp Plan and be designated a type of )th on the Comp Plan 3 MEMORANDUM TO: Mayor and Council FROM: City Administrator Hansen DATE: November 26,2008 SUBJECT: Capital Purchases At the last council meeting the City Council adopted a spending freeze for all non-emergency purchases, with discretion given to the Administrator on necessary purchases. Items 7-12 of the consent agenda were pulled for reconsideration. I will address them as follows: #7 Two Laptops for Administration and Fire Department. The laptop requested for Administration was to replace the City Administrator's computer, which is 7 years old. The replacement of this computer can be delayed until next year. The laptop for the Fire Department is not an emergency and can be delayed at this time. However, I would like to recommend the purchase of a laptop with a port replicator for Sharon Harrison in the Finance Department. There is money available for this purchase and since Sharon recently lost the accountant in her department she anticipates a need to work at home to keep up. Cost $1,554 plus tax. #8 Color high Speed Scanner. This is not an emergency purchase, but correlates with our use of Laserfiche, our document imaging system. Over the last 7 years we have invested a great deal of money and effort on this project. Great strides have been made in Administration and Finance to incorporate all their documents into the system. In 2008 Engineering, Community Development and Building inspections began to input their documents into the system. However, little has been accomplished because they do not have the equipment necessary to assist them with this project. A workstation would be set up in the common area of the 3rd floor to be used by all departments on that floor to incorporate their departments into Laserfiche. This project will continue with Police and Fire in the upcoming years and is ongoing in all departments. Purchase of this scanner is recommended. Cost is $6,493.26. #9 Two Computers for the Police Department. The computers requested for the Police Department were to replace the computers of Linda Thompson and Monica Belle Isle, the Dispatch secretaries. Linda's computer is 5 years old and has been having some problems. Monica's computer is 4 years. Both computers are heavily used and connected to the BCA, the Criminal Justice Information System, PS Portals which sends over all teletypes for notification to the Police Department and Washington County Dispatch. It is very important to the Police Department to keep these two computers in good working order as they are the most essential computers in the operation of the Police Department. I strongly recommend their replacement. Cost is $2,133.72. #10 Digital Voice Recorders for Police Department. The digital voice recorders in the Police Department are assigned to each officer. They are used to dictate police reports and take statements. When the officers download these statements to be dictated, the recorders automatically label the reports or statement with the correct officers badge number and places it in the correct folders on the network depending on confidentiality. The recorder is able to do this because it is programmed for each officer, so sharing of recorders makes it very difficult to maintain confidential and accurate statements. Weare required by law to record all statements taken from suspects. These three recorders are replacing recorders that are broken or not working properly. I recommend their purchase. Cost is $1,434.55. # 11 Purchase of sewer camera. This camera is a replacement for a camera purchased in 1995 that is in a state of constant disrepair. It is used on smaller sewer lines and services that our larger camera can't reach. We use it to locate clogs and potential clogs. Without it our citizens could suffer increased incidents of sewer backups. I recommend purchase. Cost is $3,917.50. #12 Possible purchase of traffic counters. During recent years the council has had increased requests for traffic studies. Staff therefore thought the purchase of our own counters might be prudent. This is definitely not an emergency purchase and is therefore not recommended. f1; ,;;NNfS01A ') City Council DATE: November 25, 2008 ITEM: Request from Stillwater Jr. High School for the donation of the City's Frisbee Golf Equipment CITY COUNCIL DATE: December 1, 2008 PREPARED BY: Michel Pogge, City Planner /1/JP DISCUSSION Mr. Andy Olson, a physical education instructor from Stillwater Jr. High School, made a request that the City donate the Frisbee Golf equipment from Browns Creek to the School District. The City took the equipment down in 2005 due to vandalism issues with the equipment. The school would like to use the equipment to create a 9 hole course at the Stillwater Jr. High School. Mr. Olson has stated that the equipment would be taken down when not in use to prevent theft and vandalism to the equipment. The Sunrise Rotary Club of Stillwater originally donated the Frisbee Golf Equipment to the City. Councilmember Gag has contact the group and they are supportive of the donation of the equipment to the Stillwater Jr. High School. The City Council first considered the request at their November 18, 2008 meeting. They referred the request to the Park and Recreation Commission for review and recommendation. PARK AND RECREATION COMMISSION RECOMMENDATION The Park and Recreation Commission discussed the request at their November 24, 2008 meeting. The Commission voted 6-0-1 (Christensen abstaining) to recommend the City Council donate the Frisbee Golf Equipment to the Stillwater Jr. High School. RECOMMENDATION Review and take an action on the request. 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 Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 11/25/2008 Re: Planning Commission Appointments Interviews were held for the Planning Commission and the recommendation is to appoint: 3 terms expiring - 1 resignation Dave Middleton John Malsam Michael Kocon Councilmember Milbrandt and Chair Middleton also recommended to readvertise for the commission to try and fill the remaining vacancy with someone from Ward 1 and Ward 4 for balance on the Commission. That advertisement has been sent to the newspapers and interviews will commence after receipt of applications after the deadline of December 8. That vacancy would be for the term ending January 1, 2011 (unexpired term of Erica Fultz) If Council agrees with the recommendation they should pass a motion adopting Resolution 2008-_! approving appointment to the Planning Commission Commission. APPROVING APPOINTMENT TO THE PLANNING COMMISSION NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, hereby appoints the following to Planning Commission Dave Middleton Term ending - 01-January 2012 John Malsam Term ending - 01 January 2012 Michael Kocon Term ending - 01 January 2012 Adopted by Council this 1 st day of December, 2008 Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk Apply Now for an Opening on the Planning Commission Applications are being accepted for an opening on the Planning Commission. This is volunteer position, appointed by the City Council. Interested citizens willing to volunteer their services may pick up an application at City Hall or call 430-8800. The Planning Commission acts as the City's planning agency. The Planning Commission conducts public hearings on applications for special use permits, conditional use permits, variances to the zoning ordinance, subdivision and other areas that are covered by the City's Zoning Ordinance. The Planning commission consists of nine members, one member is a councilmember. The members serve for a period of three years. The Planning Commission meets the 2nd Monday of each month. Completed applications must be returned no later than December 8, 2008. Criteria for evaluation includes, but is not necessarily limited to): needs to be a resident from Ward 1 or Ward 4; personal and professional experience relating to the subject area of the commission; knowledge of the community; knowledge of city government; experience from similar appointments. Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 11/25/2008 Re: Park & Recreation Commission Appointment Interviews were held for the Park & Recreation Commission and the recommendation is to appoint: 3 - terms expiring Scott Christensen Linda Amrein Sandy Snellman If Council agrees with the recommendation they should pass a motion adopting Resolution 2008-_, approving appointment to the Park & Recreation Commission. APPROVING APPOINTMENT TO THE PARK AND RECREATION COMMISSION NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, hereby appoints the following to Park & Recreation Commission. Linda Amrein Term ending - 01-January 2011 Term ending - 01 January 2011 Term ending - 01 January 2011 Scott Christensen Sandy Snellman Adopted by Council this 1 st day of December, 2008 Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk /' . MEMORANDUM TO: Mayor and City Council FROM: Torry Kraftson Assistant City Engineer DATE: November 24, 2008 SUBJECT: Property in the Myrtle Street Ravine DISCUSSION: Significant erosion problems exist in the Myrtle Street ravine which is bounded by Myrtle Street, William Street, Olive Street, and 6th Street. The ravine contains primarily sandy soils which are transported down through the ravine during significant rainfall events. Sediment is deposit in the lower reaches of the ravine and is also carried into the Saint Croix River. In the upcoming 2009 construction season, it is proposed that a pipe be installed throughout the length of the ravine to convey the storm water runoff without eroding the ravine bottom. A map of the ravine is attached. The City owns a majority of the property in the ravine. There are two stretches of private property along the bottom of the ravine. These private property owners were sent a letter expressing the City's interest in acquiring drainage and utility easements for the purposes of installing a storm sewer pipe. Kenneth Seefert, one of these homeowners, is interested in selling his property to the City. His property consists of two vacant lots (Lots 9 & 11, Block 12; Thompson, Parker, and Mower's Second Addition) which total 0.29 acres. The lots are non-buildable and he does not own any adjoining property. The City received an estimate to do an appraisal of the Seefert property for $900. Subsequent to receiving this appraisal estimate, Mr. Seefert was contacted to determine how much he would be willing to sell the lots for. Mr. Seefert indicated that he would be willing to sell his property in the ravine for $2,500. By purchasing these vacant lots, the City would have the capacity to install and maintain a storm sewer pipe and to maintain the open space within the ravine. RECOMMENDATION: Staff feels that the Mr. Seefert is offering a very equitable sale price and recommends that Council consider approving the purchase of Lots 9 & 11, Block 12; Thompson, Parker, and Mower's Second Addition. ACTION REQUIRED: If Council concurs with the staff recommendation, they should consider passing a motion adopting Resolution No. 2008-_, RESOLUTION APPROVING THE PURCHASE OF LOTS 9 AND 11, BLOCK 12, THOMPSON, PARKER AND MOWER'S SECOND ADDITION. ~ . . i ~ i 2 ~ ~ i e I ~fF al~! 'u} Jlil or IIi 1 so! 1 0:1 I~_ fll ~ i.v a$i f - , ;;:: -< ~ ~m z~ m;o m m -I ~ C/) m ;;:: m z -I C/) " '::!l Cl :r ~ I[] m r- '1J '1J Cl '1J m ;0 0 ::::; ::0 G) 0 Ul -< 0 m '1J Ul '1J Z 0 CD '1J 0 Ul r ::0 Ul 0 fT1 fT1 0 fT1 0 '1J 0 )> fT1 Ul Cl ::0 fT1 -I 0 -I )> 0 c -< Ul ::0 [Q fT1 s:: ;;:: -I fT1 Ul 6 z fT1 Z -I ~ Ul ::0 i[",/,."mm. "lld' I ~,' \'~ , ,H !' i j · ,\ "". 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'+., ,.~<.:\tt.-:-~~\\",.." '-'\~)? \,\ ,: '\ + ,', .- \\, +'; ~~:f\~\ \\~Vi;.>~ oJ' J)";'; f/"'~' &' i ."- + +.~ r~'~+' \\,~ ' \\,'.','\,",' ' -' .- ~ + -t\" 4' ' \.. \\ ';.i.' i .".,',.."",.""",1"",, ,~'.',d .~, i .,' ,i I} i ;,+ .,ilt ++:t~ \~',j\ ~ rim ::: ," / ,/miL': ,m", L :;, },",i ., ~'\;\';~~:~~~(~\ m L..,ij " . r'cL ;'1,'" .,.., \'v'y"',\I" ~~ ~.' "'~ .~~ 0:' ,,,LXI' \sy>v~ " L:J.i~.:~ \Q:,L\, J ;\-POGi~.~,) .,\'i~ \{ ,~"";;;<:,;.~'" ,~".",.' \.:~,..,.,.,,'~~,".":':y(i',}\ \~ ,.,,\ .~) ,," \ ~~\:\ .\'i~"'~{~~~~,'~~~;:;~\~ \\~ '::::~\ \ . \'u,.. ; ,',. \ \.""iii:3:;';!;:~::;~;;:"s ~\ ~,~ \ i\ ..: , .~:, ",1 ~:':;;;;b~+':):: \ rf;~:i%\ "; ~;;;i; 2;;~G\.; \ / \ ,,;....,. 'C'V~c\> .. .'~('\~?~'\\~~~;~\' ':~::~ .,-,__h:1 (~\\ ;:(~\\ \t \i\\:; \\ \ \G <.:.>- <'i, ~~ lJ"'if " ":: !".": 21".., :,:. .!;! <, ) ~ l!:r~Jl , ~ ""~:::::::::"'::::2 6 # J' RESOLUTION APPROVING THE PURHCASE OF LOTS 9 AND 11, BLOCK 12, THOMPSON, PARKER AND MOWER'S SECOND ADDITION FROM KENNTH F. SEEFORT WHEREAS, Significant erosion problems exist in the Myrtle Street ravine which is bounded by Myrtle Street, William Street, Olive Street, and 6th Street; and WHEREAS, The ravine contains primarily sandy soils which are transported down through the ravine during significant rainfall events and sediment is deposited in the lower reaches of the ravine and is also carried into the Saint Croix River; and WHEREAS, in the upcoming 2009 construction season, it is proposed that a pipe be installed throughout the length of the ravine to convey the storm water runoff while preventing the ongoing erosion of the ravine bottom; and WHEREAS, Kenneth Seefert, one of the homeowners along the ravine is interested in selling his property to the City which consists of two vacant lots (Lots 9 & 11, Block 12; Thompson, Parker, and Mower's Second Addition) which total 0.29 acres; and WHEREAS, by purchasing these vacant lots, the City would have the capacity to install and maintain a storm sewer pipe and to maint~in the open space within the ravine; and NOW THEREFORE, BE IT RESOLVED by the City Council of Stillwater, MN approves the purchase of Lots 9 & 11, Block 12, Thompson, Parker and Mower's Second Addition in the amount of $2,500. Adopted by the Stillwater City Council this 1 st day of December, 2008. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk W~mIHGTOH (OUHTV .uIHO~I(~L ~O(I.rrV November 14, 2008 Gateway to Minnesota History Larry Hansen, City Administrator City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082 Dear Mr. Hansen: As Minnesota's sesquicentennial year draws to a close, the Washington County Historical Society is proud to have been a part of it, helping citizens all around Washington County celebrate our heritage, and giving the new residents of this area a chance to take part in the history of Minnesota's oldest county. Over the course of the past years, the cultural and heritage communities of Washington County have not been funded particularly well. Washington County Historical Society is the ONLY county historical society in the state of Minnesota which does not receive any assistance from its county. Without proper funding the treasures and stories of the past and present will be lost for future generations. We are asking for your help. Over the course of nearly 75 years, the Washington County Historical Society has been "collecting, preserving, and interpreting" the history of all the communities of Washington County. The WCHS purchased and opened the Warden's House as a museum in 1941- the second "house" museum opened to the public in the state. The Society holds city of Stillwater birth, death and police records as well as the original hand drawn plat of Stillwater from 1848. These items, plus many other photos and documents from the leading Stillwater citizens of the 19th and 20th century, take space, time and care to preserve. We do this not for the next ten or twenty years but forever. Unfortunately costs continue to rise and it becomes more difficult to maintain the quality that WCHS has become well known for throughout the area. We are asking for a small donation that will help keep our collections stable and available to the public. As we all know times are tough, but a donation of$150, $500 or even $1,000 will go a long way to help to continue to preserve our heritage for today and into tomorrow. Thank you in advance for your consideration of our request and if you have any questions please feel free to contact me at any time. t T. Peterson Executive Director Washington County Historical Society ED. Box 167, Stillwater, MN 55082-0167 - 651-439-5956 - www.wchsmn.org " ~~ , CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING MONDAY, DECEMBER 8, 2008 The City of Stillwater Planning Commission will meet on Monday, December 8 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. CA LL TO ORDER 2, APPROVAL OF NOVEMBER 10, 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 proposed item. The Lhairperson will then ask if there is anyone present who wishes to speak for or against the proposed item. The Chail])erson may- require a time limit on the number of minutes each member of the public may speak, normally fIVe minutes. Members of the public who wish to speak will be requested to step forward to the podium and must state their name and address. At the conclusion of all public testimony the Commission will close the publiC hearing and will deliberate and take action on the proposed item. 3.01 Case No. 08-49. A Zoning Text Amendment to allow a senior care facility by special use in the Lakeshore Residential District and a Comprehensive Plan Amendment to change future land use from single family small lot to single family large lot for the property located at 12525 75th Street North in the AP, Agricultural Preservation District. Stillwater Select Properties, Greg Johnson, applicant. 3,02 Case No. 08-50. A special use permit request for 8 apartment units and a variance to the parking regulations at 124 South Main Street in the CBD, Central Business District. Mark Balay, applicant. 4. OTHER BUSINESS 4.01 Case No.08-48. A resubdivision of one lot into two lots located at 915 West Abbott Street in the RB, Two Family Residential District. Ray LOida, Jr., applicant. 1. 9:00 2. 9:00 3. 4. 9:05 9:05 5. 9:30 Washington ~ -~County ., ~....., ..... Dennis C. Hegberg, Chair District 1 Bill Pulkrabek District 2 Gary Kriesel District 3 Myra Peterson, Vice Chair District 4 BOARD AGENDA Lisa Welk District 5 NOVEMBER 25, 2008 - 9:00 A.M. Roll Call Pledge of Allegiance Comments from the Public Visitors may share their comments or concerns on a!l issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must jill out a comment card before the meeg;iJegins and give it to the County Boardsecretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than jive minutes. The Boarr:hliir reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not reln/eto an issue that is part of Washington County s responsibilities. The chair may also limit the number of individual plftltations to accommodate the scheduled agenda items, Consent Calendar Metropolitan Mosquito Control - Jim Stark, Executive Director 2008 Program and Overview of the 2009 Budget Library - Patricia Conley, Director Library Service Hours 7. 10:15 8. 9. 10:30 Commissioner Reports - Comments - Questions This period of time shall be used by the Commissiol'll!S to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board iwf during this time. Any action necessary becallle of discussion will be scheduledfor afuture board meeting. Board Correspondence Adjourn 10. 10:30 to 11: 15 - Board workshop with Property Records and Taxpayer Services Proposed 2009 Property Taxes 11. 11:15 to 12:05 - Board Workshop with Public Works A. Update on park and Trail Acquisitions B. Historic Courthouse Update ************************************************************************* REMINDER: NO BOARD MEETING ON DECEMBER 9, 2008 - AMC CONFERENCE, DULUTH, MINNESOTA Date November 24 MEETING NOTICES Committee Time Location Library Board 6:30 p.m. 8595 Center Park - Woodbury Assistive listening devices are available for use in the County Board Room . . .. . EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * NOVEMBER 25, 2008 The following items are presented for Board approval/adoption: DEP ARTMENT/AGENCY ITEM Community Corrections A. Approval of amendment to the 2008 Title II Grant with the Minnesota Department of Public Safety, Office of Justice, to extend the term of the grant to June 30, 2009. Community Services B. Approval to accept funds in the amount of $175 for the Community Services Veterans Services Division from the American Legion #491 Auxiliary in Bayport, for the Emergency Assistance Fund. Human Resources C. Approval to ratify the 2009 health insurance for Teamsters CO/911 employees. Library D. Approval of resolution amending Administrative Policy #6006 relating to Advisory Committee, Boards and Commissions to permit the payment of per diems to the County Library Board members. Public Works E. Approval of resolution to enter into Partners for Fish and Wildlife Habitat Development Agreement with the u.s. Fish and Wildlife Service and with State cost-Share Assistance Contract with Washington Conservation District for reimbursement of costs for the treatment of Buckthorn in St. Croix Bluffs Regional Park. F. Approval to award contract for carpet tile replacement services at the Oakdale Library to St. Paul Linoleum and Carpet Company and to authorize execution of the contract through the signatures of the County Board Chair and County Administrator without further action from the County Board. G. Approval of contract with Bruette Roofing, Inc. to re-roofthe North Maintenance Shop small salt storage shed and to authorize execution of the contract through the signatures of the Chair of the Washington County Board of Commissioners and the Washington County Administrator without further action from the County Board. * 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 andlorsparate action. 11/24/2008 WASHINGTON COUNTY BOARD OF COMMISSIONERS Preview of Coming Attractions DECEMBER 2 Agenda - Review of Completed 2008 Construction Proiects Workshop - Counties Transit Improvement Board fundinQ Allocation DECEMBER 4 Hold Truth-in-Taxation MeetinQ DECEMBER 9 Board MeetinQ Canceled Due to the Association of Minnesota Counties Conference in Duluth. Minnesota DECEMBER 16 Hold Public HearinQ to Review Comments on and to Adopt the Five-vear CIP AQenda - Adopt the 2009 BudQet AQenda - Set 2009 Salaries for Commissioners, County Attorney, Sheriff and County Administrator Aoenda - Approval of AMC and MICA Leoislative Platforms FUTURE Workshop - Metropolitan Council's Principal Arterial Study Workshop - Community Health Assessment JANUARY 27 Workshop - Offender Reentry Leaoue of Local Governments - January 27.2009 - Prom Center JUNE 16 Board of Equalization (with possible follow UP meetino on June 23) BID OPENINGS December 3 2009 Newspaper Bids - Administration M:\USERSIADM\PRRADDA\WPIAGENDA\Workshops\Preview.doc Summary of Proceedings Washington County Board of Commissioners November 18,2008 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; Myra Peterson, District 4; and Lisa Weik, District 5. Absent none. Board Chair Hegberg presided. Oath of Office The Honorable Judge Elizabeth Martin administered the Oath of Office to newly elected Commissioner from District 5, Lisa Weik. Commissioner Reports - Comments - Questions The Commissioners reported on the following items: Commissioner Peterson - reported on a meeting held with the Olmste'd County Board about establishing a Regional Rail Authority; attended a Wakota Bridge meeting and learned in the paper that a settlement was reached with the designers of the bridge for $20 million which she hopes will be an incentive to complete the bridge faster; she testified at the Capitol yesterday on the 2030 Transportation Plan; and noted that Irv Anderson, former Minnesota Speaker of the House passed away; Commissioner Pulkrabek - reported that he attended the November 7 canvassing board; attended two Veteran's Day events, one in Woodbury and one in Lake Elmo; an~ attended the first ever Oakdale- Lake Elmo Prayer Breakfast; Commissioner Kriesel- reported on a semiunition training he attended with the County Sheriff last week; attended a ribbon cutting ceremony for Manning Avenue; and that Ann Bodlovic, a long-time Stillwater Councilwoman passed away; Commissioner Weik - thanked Commissioner Dick Stafford for his many years of dedicated service to Washington County and that he has offered his help during the transition; she has met with the County Administrator and a few of the County Department heads; she thanked Judge Betsy Martin for administering her Oath of Office this morning; she reported on the ceremony in Woodbury dedicating the Veterans Memorial; the Hargis Parkway is now open; attended the Woodbury City Council meeting where they commented on the 2030 Transportation Plan; and she will be attending the Public Health Emergency Preparedness Advisory Committee meeting on November 20; Commissioner Hegberg - requested that the Board discuss a letter from the Metropolitan Energy Policy Coalition requesting the county's support of federal funding of the Energy Efficiency and Conservation Block Grant; attended the Transportation Alliance meeting which discussed federal funding of projects; he urged the Federal lobbyist to push for an earlier construction of the Stillwater Bridge; reported on a PERA meeting he attended and noted that the investments were down 19.5% which was lower than the Dowwhich was down 46%; attended an open house in Mahtomedi to discuss options for the intersection of 244 and County road 12; urged the Sheriffs Department to use PATROL which is a computerized training operation; and asked the County Attorney to review a letter from White Bear Township suggesting a solution to the road problem between Grant, Hugo and the Township. Community Corrections Approval to amend Contract #4808 with BI Monitoring, Inc. for a term of November 20, 2007 through December 31,2008. Communitv Services Approval of the following actions: Amend Contract #4110 with Employment Action Program to modify the budget and length of the project with EAC and the Andersen Dislocated Worker Project; Amend Contract #4105 with Workforce Resource to modify the budget, number of participants served by Workforce Resource, and length of project with the Andersen Dislocated Worker Project; Amend Contract #41 06 with HIRED, Inc. to modify the budget, number of participants serviced by HIRED, and the length of project with the Andersen Dislocated Worker Project. General Administration Approval of the following actions: Resolution No. 2008-114, appreciation to R.H. "Dick" Stafford, retiring Commissioner from District 5; October 28 and November 4, 2008 Board meeting minutes; December 9,2008 County Board meeting cancelled because of the Association of Minnesota Counties Annual Conference in Duluth, Minnesota; Maps made available for the Counties Transit Improvement Board meeting that will be held at the Minneapolis Park Board Administration Offices on November 19,2008; Check from the Minnesota Counties Insurance Trust in the amount of$3 73,810 and deposited in the Post Employment Retirement fund; Congratulations given to newly elected Commissioner Lisa Weik and to Commissioner Dennis Hegberg and Commissioner Gary Kriesel on their re-election; Board correspondence was received and placed on file. Librarv Approval of Resolution No. 2008-145, donation of Washington County Library's hot air balloon basket to the Farnsworth Aerospace Elementary School. Property Records and Taxpaver Services Approval of the following actions: Resolution No. 2008-148, classification of 10 parcels as non-conservation land; Resolution No. 2008-149, repurchase of tax forfeited property by former owner; Review of the Election Day turnout and update on the process for the recount in the Minnesota Senate Race. Public Health and Environment Approval of Resolution No. 2008-150, appoint a hearing examiner for formal board hearing in the matter of a solid waste hauler license suspension for Dan Theobald, d/b/a! Dan's Container Services, Ltd. Public Works Approval ofthe following actions: Comments on the cities of Scandia and Cottage Grove Draft Comprehensive Plans; Agreement with the Township of Grey Cloud Island providing for the sale of a county-owned truck; Resolution No. 2008-146, Trunk Highway 95 detour agreement with the Minnesota Department of Transportation; Award contract to Division 27B Elevator Modernization to Minnesota Elevator, Inc. for $145,230 to modernize two hydraulic passenger elevators in the Law Enforcement Center; Cooperative agreement with the City of Cottage Grove for CSAH 22 and Hardwood Avenue traffic signal construction cost reimbursement and maintenance; Maintenance agreement with Grey Cloud Island Township for the performance of winter maintenance, including snow and ice removal of County Road 75, located in the Township; Resolution No. 2008-147, award of parks farm land for 2009 to: Joe O'Malley for Lake Elmo Park Reserve; and Gordon Tank for St. Croix Bluffs Regional Park; 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 corridor. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 620d Street N., Stillwater, Minnesota. Navember 13, 2008 STILLWATER TOWN BOARD MEETING Tawn Hall 7:00 P.M. PRESENT: Chairpersan Linda Cauntryman, Supervisars Jim Hiniker, David Jahnsan, Sheila-Marie Untiedt and Jim Dariatt, Clerk Pat Bantli, Deputy Clerk Kathy Schmaeckel, Attarney Saren Mattick, Planner Sherri Buss, Engineer Paul Pearsan, Chief af Palice Steve Nelsan and Park Manager Rick Jacabsan. 1. AGENDA - M/S/P Hiniker/Dariatt maved to. adapt the agenda as amended. (5 ayes) 2. MINUTES - M/S/P UntiedtjHiniker maved to. apprave the 10/23/08 Stillwater Tawn Baard Meeting minutes as written. (5 ayes) 3. CLAIMS AND CHECKS - Claims and Checks #18905 thraugh #18932 were appraved far payment. 4. PLANNER- a) Place af Warship/SchaaLQrdinance - The Planning Cammissian will hald the public hearing at their December 4, 2008 meeting. b) Wind Energv Canversian Systems - There was discussian as to. whether this shauld also. apply in the transitian zane. Planner Sherri Buss will get input fram the City af Stillwater to. affer at the public hearing at the December Planning Cammissian meeting, c) Matt Dean - He shauld be invited to. a Tawn Baard meeting to. discuss the green acres issue and ather issues and haw we can wark tagether in the future. d) Cannan Aoplicatian - The Planner has received the applicatian far a change in ardinance and far a CUP to. allaw far special events. The two. issues will be treated separately. The Planning Cammissian will first cansider the ardinance change and thEm hald a public hearing and then cansider the CUP. Will this also. need to. be cansidered by the Jaint Baard? 5. ENGINEER- a) Traffic Cantrol at 94th and Newgijte - Chief af Palice Steve Nelsan had been cantacted abaut this intersectian. There are two. residences at the narth end. This interSectian is a mo.dified. "T". Engineer Paul Pearsan recammends a "Yield" sign at the na"ithwest carner, He is nat aware af any accidents there. M/S/P Jahnsan/Hiniker maved to. accept Engineer Paul Pearsan's recammendatian far a "Yield" sign at .94th and Newgate. (5 ayes) b) Plo.wing Standard~"- There are gUidelines in the Tawnship maintenance cantract far 2007 giving the criteria far plawing. Stillwater Town Board Mtg. - 11/13/08 #'4 .. Page 2 6. PLANNING AND PARK COMMISSION TERMS OF OFFICE - Letters, will be sent to those whose terms are expiring to ask If they wish to be reappointed. 7. AXDAHL PARK DEDICATION - The Park Committee had recommended that we accept this parcel as the park dedication for the Otchipwe Bluffs development to be used either as a passive park or a mowed area could be used as a practice field. There was discussion of the actual value of the land. M/S/P Johnson/Untiedt moved that the township board hire an appraiser for not more than $1,000 to set a value on the Axdahl property. (5 ayes) , S, CHIEF OF POUCE - Steve Nelson gave his monthly report: a) 14 burning permits, one for buckthorn. b) One dog Impounded. c) Emergencv Management Meeting - He recommends It be scheduled after January . d) Conditional Use Permits - He is in the process of checking on them and has done . elgl1.t with three left to do. e) Boat Issue - They have gone to court and they have until December 31st to remove the boat and if it is not done we can do It and put the cost on their taxes. 9. OTCHIPWE TRAILS TAX FORFEIIED PROPERlY - Attorney Soren Mattick has relayed to the homeowners' association that the County will be selling the property for approximately $12,000, 10. MONEY FOR ORGANIZATIONS THAT BENEmIHE TOWNSHIP - Soren Mattick reported that the law allows the electorate to authorize up to $10,000 for the expenditure of this type of funds. We can consider a service contract with these entities which would not require public approval at the annual meeting, Those groups wishing consideration will be invited to the budget meeting on December 3, 200S. They will be asked to provide information on the percentage of participation of Stillwater Township residents. There was discussion as to whether other communities are participating at the same rate as we do. Soren Mattick will proVide service agreements for those entities the Board chooses to send funding to. 11. CLERK - a) The annual Township dinner meeting will be held at the Dock Restaurant on Monday, February 2, 2009. b) Carpet cleaning is scheduled for Tuesday, November 18th. 12. HOUDAY UGHTS - There was discussion of putting holiday lights on the town hall. The consensus was to not do this. 13. ADJOURNMENT - M/S/P Johnson/Dorlott moved to adjourn the meeting. (5 ayes) '.. . Stillwater Town Board Mtg. - 11/13/08 Page 3 The meeting was adjourned at 9:35 p.m. Clerk Chairperson Approved