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Home My WebLink About2009-03-03 CC Packet REVISED AGENDA CITY OF STILLWATER CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street March 3, 2009 REGULAR MEETING RECESSED MEETING 4:30 P.M. AGENDA Finance Director City Administrator CALL TO ORDER ROLL CALL OTHER BUSINESS 1. CVB Update 2. Discussion of Special Events Task Force STAFF REPORTS 1. Police Chief 2. r=ire Chief 3. City Clerk 4. Community Dev. Director ADJORN TO EXECUTIVE SESSION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE OPEN FORUM The Open F the meeting a staff regar . limit ou ular m ting meetings of February 17, 2009 APPROVAL OF MINUTES - Possible app PETITIONS, INDIVIDUALS, DELEG 1. 800 Mhz Update - Washin 2. Proclamation: Washingt C 3. Meritorious Conduct Peltier, and Steve 0 4. Meritorious Cond NDA TIONS Day , Jonas Werpy and Unit Citation for Chris Zeuli, Jon Bell, Rob n Olson, Steve Zoller and Unit Citation for Jonas Werpy ortion e Council meeting to address Council on subjects which are not a part of uncI may take action or reply at the time of the statement or may give direction to estig f the concerns expressed. Out of respect for others in attendance. please ts to 5 minutes or less. 09-42, directing payment of bills 2009-43, approving Washington County On-Line Software Access Agreement tion 2009-44, amending the Personnel Policy of the City (FMLA) R ution 2009-45, abatement of special assessment Resolution 2009-46, approval of license to use real property (Lily Lake Park for Hazardous Waste Day) PUBLIC HEARINGS - Out of respect for others in attendance. please limit your comments to 10 minutes or less. 1. Case No. OS-51.This is the date and time for a public hearing to consider a request from City of Stillwater for a variance to the river and bluff setback for Bergstein and Shoddy Mill located at 805 South Main Street in the IB, Heavy Industrial District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on February 0,2009. 2. Case No. 09-03. This is the date and time for a public hearing to consider a request fro BR Architects, Shannon Brambery, for a special use permit request for the remodel and exp mechanical room located at 927 West Churchill Street (Lakeview Hospital) in th Residential District and any variances related thereto. Notices were mailed t and published in the Stillwater Gazette on February 20,2009. (Applicant to March 17, 2009) UNFINISHED BUSINESS 1. Possible approval of Stillwater Criterium (Bike Race) Contract ( 2. Possible second reading of Ordinance NO.1 005, an ordinanc Emergencies of the Stillwater City Code (2nd reading - Roll PETITIONS, INDIVIDUALS, DELEGATI COMMUNICATIONS/REQUESTS ection 38-3, Noise Control and NEW BUSINESS 1. Possible first reading of Ordinance No.1 006, an ordina Regulations of the Stillwater City Code (1st Rea 'ng-Rol 2. Possible approval of design for Legends Park S a Board of Commissioners (Resolution - Roll Call) 3. Possible approval of Capital outlay purchase of a n 4. Approval of software purchase for the unity D e Well House received by the Water and a sweeper opment Department ENDATIONS (continued) ADJOURNMENT * All items Ii enacte citize se consent agenda are considered to be routine by the City Council and will be e motio here will be no separate discussion on these items unless a Council Member or ts in which event, the items will be removed from the consent agenda and considered Page 2 of 2 -- STILLWATER , STILL WATER & OAK PARK HEIGHTS CONVENTION AND VISITORS BUREAU Stillwater and Oak Park Heights CVB 2008- Year in Review The Stillwater and Oak Park Heights Convention and Visitors Bureau has worked hard during its first year to make the lodging tax experiment a success and bring tourists to Stillwater to enjoy all that we have to offer. Thank you for your patience as we worked through the paperwork and all that it takes to set up an entity that depends SOlely on public funds. That thought was always present as we moved forward with the plans we thought would be best for our ad campaigns. We take seriously the responsibility that comes with spending any tax dollars, not willing to be wasteful, we look for vendors we can build good working relationships with that understand our mission and are willing to work within our timelines. Thank you for your support, we look forward to continued service. Your Stillwater and Oak Park Heights CVB Board of Directors, Steve RolI~President Chuck Dougherty~ Treasurer Jerry Heimberger-Secretary Alex Rojas Chad Kollness Mayor Ken Harycki, Stillwater City Council representative~nonvoting member Mayor Dave Beaudet, Oak Park Heights City Council representative ~nonvotjng member Sheryl E~Marshall, Stillwater Area Chamber of Commerce representative ~nonvoting member "The mission of the Stillwater and Oak Park Heights CVB is to increase the economic benefit of tourism with an emphasis on overnight stays. H January . Completed Articles of Incorporation . Held a Press conference on January 16 at the Stillwater Public Library for the official signing of the Articles of Incorporation · Worked on completion of by~laws February . Completed work on by~laws . Held long Range Planning session on February 27 March . Started work on implementations of long range plan . Began the process of web development, brand, logo, and print ad development . Started work on Policy manual April . Web development · Began the work for a grant from the Minnesota Tourism for a winter mailing promotion that will run in the winter of 2009 May . Received first installment of lodging tax (we finally had some money to work with) . CVB voted for a listing in the fall publication of Explore Minnesota $100 the first actual marketing expenditure . Met with Nelson' Anderson to discuss web, branding, and logo design June . Met with Pressenter to discuss web, branding, and logo design . Set meeting with Jordan Simken of Zooom Productions to develop television commercials July · Received grant from Explore Minnesota for the winter mailing promotion · Approved funding for the Girls Night Out ad to run in the MSP magazine ($3295) · Chose Webaloo and Nelson/Anderson to partner with CVB to develop web site and marketing materials . Approved Zooom Productions to begin the commercial August . Continue work on web site development as well as brand and logo · Continue work on commercial . Approved funding for Explore Minnesota Travel Guide ad ($3515) September . Continued work with Webaloo, Nelson/Anderson and Zooom Productions . Approved funding for the Stillwater B&B Association to run a radio ad campaign introducing the Stillwater A to Z website. ($5500) The ad to run on Cities 97 during November. . Approved funding for an ad in Itineraries Minnesota fall/winter issue ($1005) . Continued work on policy manual October . Commercials began airing in western suburbs. All commercials are on Comcast. (approx. $5000/mo) . Continued work on winter mailing promotion, website, branding and logo. . Approved funding for SCRVTA ad ($900), and to join the DMAI($250) November . Endorsed the Stillwater Marathon . Approved logo . Approved funding for ad placement in Explore Minnesota($2500), and MSP magazine($3875) . Approved Zooom Productions to begin Christmas, Wedding and Spring scenes for commercial December · Presentation from KlBB radio regarding advertising possibilities . Presentation from Greater Stillwater C of C regarding the Stillwater Marathon, economic impact study, and the Stillwater Visitors Guide. · Approved funding for the storage and distribution of the Visitors Guide($5000) January-09 · Held meeting to discuss plan for 2009 · Held meeting with C of C Board of directors to discuss the role of the CVB and the C of C concerning Stillwater Tourism 2:21 PM 01/06109 Accrual Basis STILLWATER AND OAK PARK HEIGHTS eve Profit & loss January through December 2008 Jan. Dee 08 Ordinary Income/Expense Income LODGING TAX INCOME Lodging Tax OPH Lodging Tax Stillwater Total LODGING TAX INCOME Totellncome Expense Business Expenses Business Registration Fees Totel Business Expenses Dues and Memberships MARKETING Girls Weekend Logo / Ad design Photograph Print Ad Radio/B& B TV Ad Visitor's Guide Website MARKETING. Other Total MARKETING Operations Supplies Total Operations 14,189.24 120,151.65 134,940.89 134,940.89 70.00 70.00 400.00 2,970.00 3,550.00 50.00 7,895.00 5,490.00 15,591.61 5,000.00 3,775.00 0.00 44,321.61 126.90 126.90 Total Expense 44,918.51 90,022.38 90,022.38 Net Ordinary Income Net Income Page 1 CVB Budget Proposed 2009 Carry over from 2008 $ 90,000 Income lodging Tax 2009 $ 140,000 Total Cash $ 230,000 Expense Business Exp $ 500 DUES & MEMBERSHIP Stillwater Chamber $ 400 Other $ 2,500 Total Dues & Membership $ 2,900 MARKETING Website $ 12,000 TV Ads $ 50,000 Radio Ads $ 50,000 Print Ads $ 25,000 Ad Designs $ 5,000 Photography $ 3,000 Visitor's Guide $ 5,000 Co-Op Ads / Grants $ 20,000 Total Marketing $ 170,000 Fulfillment $ 15,000 Website Domain Purchase $ 5,000 Office Exp. $ 1,200 Misc. $ 10,000 Total Exp. $ 204,600 Cash after expo $ 25,400 Marketing Break Down visitors conference / meetings / groups weddings Other 50% 30% 10% 10% Stillwater and Oak Park Heights Convention and Visitors Bureau Strategic Plan Established February 27, 2008 Mission statement The mission of the Stillwater and Oak Park Heights CVB is to increase the economic benefit of tourism with an emphasis on overnight stays. Long Range Shared Vision Within Five Years . Reach out beyond our traditional markets. . Have more reasons for people to come year round. . The Downtown is busy year round. . Establish a visible presence for the CVB. . Realize an increase in economic growth and investment through increased tourism. . Develop successful relationships and partnerships within the community. Interim Goals Within Three Years . Establish who we are and what we do. . Develop marketing materials and a fulfillment plan. . Gain buy-in for the CVB and its mission. . Implement an effective advertising and promotion plan. Stillwater and Oak Park Heights Convention and Visitors Bureau Strategic Plan n___ , _r., Short Term Action Plan Within 12 - 18 Months Marketing: . Develop our brand and marketing plan. . Identify target markets. · Evaluate "Cold Feet, Warm Hearts" as a positioning statement. . 'Develop a web site. . Develop printed materials. . Apply for grants. Defining Tourism Roles: . Hold a joint meeting of the CVB, Chamber and DMA to share our plan and determine expectations. . Deftne roles for the Chamber and the CVB regarding tourism and defme roles for the Board members. . Develop a smooth transition with the Chamber. . Sell the mission statement. Communications: · Develop an e-newsletter to communicate with stakeholders. Policies and Procedures: . Develop a policies and procedures manual. . Determine how we want to handle associate members. . Identify and prioritize partnerships with other associations. . Set policies for unsolicited solicitations. Stillwater and Oak Park Heights Convention and Visitors Bureau Strategic Plan n ___ .... _1'.... STILLWATER & OAK PARK HEIGHTS CONVENTION & VISITORS BUREAU BYLA WS ARTICLE I - GENERAL Section 1. The name of the corporation shall be Stillwater & Oak: Park Heights Convention & Visitors Bureau, Inc., hereafter referred to as CVB. Section 2. The objective of the CVB shall be to promote tourism and marketing of the Stillwater and Oak: Park Heights areas. The intent of the CVB shall be to attract overnight visitors, groups, meetings and conventions with the expressed goal of benefiting the businesses which collect the lodging tax. Section 3. No assets of the corporation shall inure to the benefit of or be paid to any person who is a member, director, officer, or other private person, except that reasonable compensation may be allowed for services rendered in furtherance of the goals of the CVB. ARTICLE II - MEMBERSHIP Section 1. Full membership in the CVB shall be limited to lodging properties within Stillwater and Oak: Park Heights which collect and remit a local option lodging tax as defined in Minnesota Statutes 469.190 and authorized by city ordinance. Section 2. It is acknowledged that there shall be two lodging classification types: 1. Properties operating more than ten rental rooms shall be known as a Hotel or large property. 2. Any property having ten rooms or less shall be known as a Bed and Breakfast or small property. Section 3. Associate membership may be granted to individuals or businesses meeting the associate member requirements as set forth by the CVB Board of Directors at their discretion and upon payment of any applicable dues. Section 4. Any associate member may be suspended or revoked for cause as determined by the Board of Directors provided that such membership may appeal to the board at the next regular or special meeting of the members, at which time he/she may be reinstated by a majority vote of the Board. ARTICLE III - DIRECTORS Section 1. The affairs of the CVB shall be under the management of a Board of Directors and such officers, agents, employees or committees as the Board may elect, employ or appoint. Section 2. Any full member in good standing is eligible to serve on the Board of Directors. The Board of Directors shall consist of the following seats, based on a percentage of revenue collected, with full voting privileges: . One (1) representative from Oak Park Heights Hotels and Bed and Breakfasts, appointed by the representative group . One (1) representative from Stillwater Bed and Breakfasts or small properties, appointed by the representative group . Three (3) representatives from Stillwater Hotels or large properties, appointed by the representative group Three non-voting seats shall include: . A representative of the City of Oak Park Heights . A representative of the City of Stillwater . A representative of the Greater Stillwater Chamber of Commerce Mid-term Board vacancies will be appointed by the appropriate representative group. Section 3. Powers and Duties of the Board of Directors shall include, but not be limited to . Election of Officers. . Employ personnel and set salaries. . Set all dues and fees for associate membership to the CVB. . Keep the membership informed of the CVB's activities. · Make decisions on expenditures of CVB revenues. . Formulate marketing plans and advertising campaigns. . Authorize representatives to attend trade shows, conferences or other tourism related functions. . Enter into agreements or contracts with other finns, businesses or individuals working in furtherance of the CVB' s stated goals. Section 4. The Board of Directors shall elect officers at the first regular meeting held in even numbered years. Only members of the Board shall be elected as officers. Officers of the Board of Directors shall be limited to members in good standing. The duties of the officers shall include but not be limited to: President . Preside at all general meetings of the CVB and at all meetings of the Board of Directors. · Make appointments to fill any vacancies among the Officers of the Board for the remainder of the term, subject to the Board's approval. · Supervise the duties of all employees or agents of the CVB, as directed by the Board of Directors. . Represent the CVB at any meeting, conventio~ or other gathering where the interests of the CVB are at issue, or when so directed by the Board of Directors. Vice President · Perform all duties of the President in his absence. . In the event of death, resignation or retirement of the President, assume the Presidency for the remainder of the current term and supervise the appointment of a new Vice President. . Represent the Board at the request of the President. Secretary . Oversee the record keeping of the CVB's meetings and activities. . Represent the Board at the request of the President. Treasurer . Provide a full and accurate account of receipts and disbursements of the CVB that be kept in books belonging to the CVB. . Sign all checks and drafts that are properly drawn on CVB funds. . Supervise annual financial review. . Ensure that all monies are deposited in the name of the eVB, in such depositories or safety vaults that may be designated by the Board of Directors. . Represent the Board at the request of the President. Section 5. Directors and Officers may serve terms of two years and may be elected to consecutive terms. Section 6. Any Director who misses three consecutive meetings, without a valid reason given to the President in writing prior to the third missed meeting, shall cause his/her membership on the board to be vacated. Section 7. Directors must submit their resignation to the President. Section 8. A Conflict of Interest policy will be included in this organization's policy manual. ARTICLE IV - MEETINGS Section 1. At least one annual meeting of the membership of the CVB shall be held at such time and place as designated by the Board of Directors. Each member shall be notified bye-mail or postal mail at least three weeks in advance of said meeting. Annual meetings shall be open to all members of the CVB in good standing with all dues and assessments paid in full. Any and all business matters pertaining to the CVB may be considered and acted upon at the annual meeting, provided the same be in writing and presented to the Board of Directors at least fifteen days prior to the meeting, so said business may be placed on the agenda. Section 2. An annual report will be made to participating city councils. Those meetings will be open to the public. Section 3. The Board of Directors will meet at least four times per year, at such time and place as they may determine. Additional meetings by the Board may be held throughout the year as is deemed necessary by the Board. Board meetings are open to the general membership and invited guests for observation; however, the President may invite membership comments at a specified time period and the President may ,call for a closed meeting at her or his discretion or the Board upon a majority vote. Section 4. Due to the nature of this organization, it is recognized that occasions may arise requiring timely action by the Board of Directors which make impractical a meeting in person. In such instance, the President may initiate a meeting by email (preferred) or telephone.. The President shall make full record of such meeting and, provided that a quorum is reached, any action taken shall then be in effect. Section 5. A quorum shall be reached at meetings, in which at least a simple majority of the Directors with full voting privileges are present. ARTICLE V - AMENDMENTS Section 1. These bylaws shall be brought forward for adoption or amendment by a two-thirds vote of the Board of Directors. Section 2. Upon approval of the Boar~ the President shall notify the membership of the pending bylaw amendments and the right to call a vote. Section 3. Upon notice, any member in good standing may call for a balloted election of the bylaw amendments. Requests for a Call to Vote shall be filed with the President within ten (10) Days after notice has been given of the pending amendments. Section 4. If no Call to Vote is filed within the designated period, the pending bylaw amendments shall be voted upon by the Board of Directors at their regular meeting. If a Call to Vote is receive~ pending bylaw changes shall be placed on a ballot. The President shall mail this ballot to all full members in good standing at least fifteen (15) days before the next regular Board meeting. Section 5. The President and Secretary, or their designee, shall validate the ballots and election. They shall report the results of the vote to the Board of Directors. Section 6. The Board of Directors shall, at its regular Board meeting, declare the amendments adopted or not adopted according to the majority of the votes cast. ARTICLE VI - DISSOLUTION In the event of, or at the time of dissolution of the CVB, any funds or assets remaining after paying all costs and expenses of such dissolution shall revert to one or more qualified charitable organizations as selected by the Board of Directors as defined under IRS Section 501(c)(3). T\VO DAYS IN MINNESOTA'S OLDEST CITY " - STILLWATER I . ~ ----- [!1J7D .- 101 S JJtUt'rStrrel '~_ StiJ/wlltt'r, MN 55082 6S 1-4J9-6(NJIJ WWlY. waterstrc!etilm.lIs I t:'il It II ',I;. u ~_ _ '-iI !!J ~" 1[~~~~i 1!~1 . I r 'I ~'''~''::::~9..:::~ :.~ -.' \\\\\\.ilo\I'slill\\/Ill"I'.I'(J111 I~. __ Just for Me Spa & \Vcllncs~ Center ftIamg J unlqut a.- fIlt WSIIig/d lpIIlIlUlIIIIIIIabanl ::.';~c:"~~.~ -: ,. . CD/peral. ~ . I . lob, & Bridal Sh_n , [ I I I . fonWy Imi4:III . ..UN".I'~ i I 'Cfl'" o...lMralllhti 651.439..4662 www,ju)lformoJpo.cOP'l 110 S. Greeley SIreel SIiIwoIer. MN 55082 !~ , .... "", \; '" : -- .M. k I ~~,'3 I~~J ~~ e. . ..a... '~ ~1; , ~ t-, F; if. S.-\INT l~ROIX \1!1\EYARl)S '''),,'~ {~~. If ini' ~\f in nesota( I 'iut's . ...:; I ok ' ~. ~ 1 " . (,) I 4' l~ )) 1\'1 ~""'\ \. "l" \ to, p, .~ '-'f'l S1;;.1I ',"1, ~ R - ... . . ",~ I o J\- 't ~ 13- 11' .,-"V'J ul'"r." , t", .J .l-' I( J"~' S .l 1(. \~I.,tl - :f\'t~O}l. '':'''\lJ'atet, ..: ..:fl. . "S= -,ll.l. . -"''3!rnU'>> ~ c..otn '0" "'onS, . 'J:U1e'j 1.1- 'q\1e S" < . f~ St. Ctop(. . OtieS. O\1t ~ d b'j \l.\l. the be\l.\1t\ the 't~n be en\o'je S E1-\,\ote d tniswtes e\l.st .ot '3,t\d \od~ny, C\l.n t >J\l.C\l.UOn ...vith ~ . \OC\l.te d s~ e\<.end 0 . tine > \l. -q/e . :1\ g;&etles, d s\,enu u Qiu. C tne fot the \l.'j, ,\\ be glad. "fo o "iou \l. - - -~ -- - - ~ 0'1 :2 U1 < - :.:.~ c w ~ 1O ;:.~ :.:...0 ~O c; - '""" rt /'l ""' '"' 3 u;u..(:".:~ ".'1.;> . Ji :~iUli~l~ . ~I!J ~ 1:,- ~ .Itl::la ..Ii. .S~iB~ ~ !f!l .~'IlB c"Ei:l.!I ..~Eit(ij...'!o~ IiIL t!EiII.m~ .I:i/l!' :=r:J'~~; If F-~(;~'E~;' E "Ii f.l . Pl'I ~ ~ t ~ ~ . .. ~ .. ;E~I~ .1 ~l ~.; ,.'.......~ .. ~l ~. .t~ ' STILLWATER JJf~~~ ~ .-' ------;- , _ ~__1_ ."1.,..tl.,."g1.0't~ ~()- OO'f"~"'I.:ft<JI J /' . \ dt ~, '\ .", .......".......... '1't>""';~ . . ,!~c,\ (tOt1\ St CtOP- ~"t t\\\1\' . \.lte" e 'pe~\.l d tntn ~ote tnC \oc~te " r,1'-\' '\\'>lI~tct, . \.le "no\, ' . n\!, Stl. O\.lt \.lntUl cn~t(!\l . otic". d,;tn\!, c\1.n .t"",tn ttd \0 " 0\ tne d\t\l.n\!, \). t'ne d\1.,\, . ftnc tot lJl\epC", _ '\ Cot1\C . t'n \.l'" g . ed 'p'l .'" . C\1.uo(\ "",\ 'pc ett\o'l d ot ",It d ~ '>lIeekett && "pen \ a )'O\l 'lou\\ be g, \\. ,~ .--'651.439.4001 .'" www.ilovestillwutcr.com I ~, I Ui '" <II a; -0 ~ ~ Z CD c "to ~ & Q. om ~2 & ~~~ 21 Q.I g ai ~8%: ~ ~ ~'~ ~ o ill"'<\l a. ~g~ ~ ~ ~ ~ "2 ~~~li g ~.~ j -; 1! P g> : ~.~ .~ It! ft -- 0 5~ ~ g . ~ ~ ::; :s . ~ C I ~~::~ ~~ ~ ~ ~ 2 ~ 11 ~.~~ ~ ~ .... . ~ .... ~ ';;> ~.~ --- ..,.a_ -- -- ----~ '.Ii -'1.' l ~~' I'~ ~.. ~~ 0 . (~~~~J ~ ~~/ -- -.--"- d~ ...- - J?~ ,1 IfJ ::.1 '"' o ~ L ,.. ':" o Z /-// /' THE TOWN WHERE IT All BEGAN! -Jh~l~ ., -- - - .... J .A. ,.. J.... ~/L :~__'" ,,~--t.~~ ~'r(]~I.'" .\'.E.B &. ()AJi I"A Ill\' 11 J-:[Oll'1~ " . "'Minne-"lJIlI ',\ Birthplace - J 8./8 "Nille dwrmillg lied & Bretlkftlsl111T1s *Fi\'(: Holds tllltlTlI'o llislorh: I""... *V"ilJuC! Shops, Galleries & Wineries "'Fahulous ReMtJura11ls ;'(ialell'ay 10 lite SI. Croix Ri,'er "'Lam/mark Archilecture "'Amazing ve/1lIes pn W('ddillg,\, IImwYll/Oons (1/1(1 Romanlh' Escapes LIST OF BILLS EXHIBIT II A" TO RESOLUTION #2009-42 1ST line/Leewes Ventures lLC Abbott Paint Advanced Sportswear Air Down There AI's Coffee Company Ancom Technical Center Aramark Uniform Services Board of Water Commissioner Bonestroo Bornt Rich Business Radio licensing C & T Hockey Inc. Carquest Auto Parts Cartridge World CATCO Parts and Service CDW Government, Inc. City View Electric, Inc. Clark luann Coca-Cola Bottling Company Comcast Computer Services of Florida Cub Foods Denny Hecker Auto Connection Ecolab Fire Apparatus Emergency Equip Force America Fury Dodge Chrysler General Safety Equipment General Security Service Cor Hartland Fuel Products, llC Iceman Industries, Inc. J.H. Larson Electric Johnson, Jeff Lawton Printing, Inc. , league of Minnesota Cities Magnuson law Firm David Magnuson dba Menards MN Chief of Police Association MN Dept of labor & Industry MN Park Supervisors Assoc. Moodys Investors Service Mulcahy Company, Inc. Northland Home Exteriors, Inc. Office Max Concession Supplies Paint for Picnic Tables Jersey for Adult leagues Scuba Equipment Concession Supplies Repair Minitor IV Mats, Mops & Uniforms pymt of S/ A Certified to 2008 Prop Taxes Boutwell Road Phase III Network Cat 5 e Cable FCC licensing Pucks Auto Maintenance Supplies Toner Equipment Repair Supplies Cable for 800 MHZ Radios Annual Alarm Monitoring Cleaning at City Hall Concession Supplies Cable Service Agreement Concession Supplies Vehicle Repair Charges laundry Soap Subscription Equipment Repair Supplies Vehicle Repair Charges Chainwheel Assembly for On-Spot System Alarm Monitoring Services UL Fuel Additive for Road Salt lamps Reimburse Mileage MPCA Meetings Write on Tabs for Code Books 2009 Newly Elected Conference Metro Prosecution Hardware Permits to Acquire Energy Code Seminar May 27,2009 2009 General Membership Issuance Fee GO CABonds 2009 A Pump for Showers Reimburse 80% Permit 2009-935 Office Supplies 1096.81 59.34 1063.50 11190.00 2300.75 13.50 872.75 123.53 700.00 90.74 110.00 1053.00 33.43 77.73 134.45 73.93 306.72 1057.50 2038.70 39.00 501.00 81.33 180.86 468.04 12.00 320.49 26.47 467.42 71.22 2555.09 1757.25 3121.71 99.00 33.50 285.00 8314.33 127.54 29.82 100.00 35.00 3850.00 271.74 89.00 401.41 EXHIBIT II A" TO RESOLUTION #2009-42 OnSite Sanitation Paramount Sk8s, Inc. Peltier Robert Professional Wireless Communications Proguard Sports, Inc. R.W. Kirchner Riedell Shoes, Inc. River Valley Printing Inc. St. Joseph Equipment Stewart, Aaron Stillwater Medical Group Stillwater Towing Streicher Sun Newspapers Tousley Ford Tri State Bobcat, Inc. Tri Tech Dispensing Uniforms Unlimited, Inc United Refrigeration, Inc. UPS USA Mobility Wireless, Inc. USAble Life Viking Auto Sprinkler Co. Washington County Assessment Washington County Dept of Public Watson Company, Inc. The LIBRARY Baker & Taylor Baker & Taylor, Inc. Comcast G & K Services M N Office Of Office Depot Office Max Overhead Door Company Random House, Inc. Scholastic Library Publishing Stringer Business Systems Northland Park Unit Rental Custom Skates Toilet Seat Guardian Monthly Rental Pro Shop Supplies Appraisal Report SW Flood Control proj Skates for Resale Envelopes Tensioner Fire Apparatus Operator Drug Screening Towing Uniform Advertisement Vehicle Repair Speed Sensor and Tires Evidence Collection Kits Uniforms Equipment Repair Reznor Pilot Freight to Return to USA Mobility Pager service January Term life Insurance Fire Sprinkler Inspection Name,Address,legal,Stillwater C Hazardous Waste Generator Concession Supplies Books Books Telecommunications Rugs & Towels Telephone labels & Paper Supplies Building Repair Audio Children's Books Maintenance Agreement Page 2 112.88 359.00 19.97 212.89 307.97 5000.00 2464.96 97.98 140.53 418.23 97.00 207.68 100.98 44.55 36.93 1161.55 97.50 147.15 172.38 11.26 305.23 425.52 920.00 90.00 60.00 174.77 102.39 1897.48 49.90 196.40 294.21 198.40 10.91 297.39 36.00 247.00 38.09 EXHIBIT II A" TO RESOLUTION #2009-42 ADDENDUM Ace Hardware Air Down There Scuba BJ Haines CDWG Delta Dental Fastenal Co. Identisys MacQueen Equipment Inc. Menards North American Salt Co. Office Depot Qwest Stillwater Gazette,Sun Newspaper TR Computer Sales Verizon Xcel Adopted by the City Council this 3rd Day of March, 2009 Page 3 Supplies Scuba Equipment Tree Removal Computer Supplies Accounts Payable Cobra light Bulbs for Park lights Office Supplies Debris Hose for Jetter Paint Road Salt Wall Sign Telephone Publications Seminar Permit Works Cell Phones Electricity, Gas 59.77 33.54 532.50 217.40 313.80 402.52 71.74 376.54 32.41 9856.26 8.51 521.87 39.69 396.00 1561.98 52663.01 TOTAL 129,277.22 RESOLUTION 2009-46 APPROVING LICENSE TO USE REAL PROPERTY BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Agreement between the City of Stillwater and Washington County for the use of Lily Lake Ice Area and Parking lot for the annual household hazardous waste collection event on May 16, 2009, as on file with the City Clerk, is hereby approved, and the Mayor and Clerk are authorized to sign said Agreement. Adopted by Council this 3rd day of March, 2009. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk LICENSE TO USE REAL PROPERTY This Agreement is entered into this 9th day of February 2008 between The City of Stillwater, and the County of Washington, as Licensee: WHEREAS, Washington County wishes to hold a one time collection of household hazardous waste from residents at the Lily Lake Ice Arena; and WHEREAS, the collection of household hazardous waste would benefit the residents of Stillwater and surrounding cities. NOW, THEREFORE, IT BE HEREBY MUTUALLY AGREED AS FOLLOWS: I GRANT OF LICENSE The City of Stillwater hereby grants to Washington County a license to collect household hazardous waste at the following described site: Lily Lake Ice Arena 1208 S. Greeley Street Stillwater, MN II LIMITATION TO DESCRIBED PURPOSE AND TERM The licensed premises may be used by Licensee solely for the purpose of collecting household hazardous waste and for incidental purposes related hereto on Saturday, May 16, 2009. III PAYMENT Licensee shall pay the City of Stillwater $250 per collection event. Payment shall be submitted 30 days after the collection event. Payment shall be made to: City of Stillwater 216 North Fourth Street Stillwater, MN 55082 IV INDEMNIFICATION AND INSURANCE The Licensee agrees to indemnify, defend, and hold harmless Licensor for any and all claims arising out of the Licensees negligent and otherwise wrongful acts or omissions occurring on or at the licensed premises except such damage expenses, demands and claims caused by the negligent or wrongful acts of the Licensor, its ., ." ~ .. below. BY: TITLE: DATE: VIII INTEGRATION This Agreement embodies the entire understanding of the parties and there are not further or other agreement or understandings, written or oral, in effect between the parties, relating to the subject matter hereof. This instrument may be amended or modified only by an instrument of equal formality signed by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated WASHINGTON COUNTY BY: Chair, Washington County Board of Commissioners :4;:10;~ DATE: BY: Jim Schug County Administrator DATE: BY: Lowell Johnson, Director Department of Public Health and Environment DATE: APPROVED AS TO FORM. ./-....~ BY: ~ssistant Washington County Meredeth Magers DATE: 07--' l q. lOOCf- . ~ .'. .. Summary of Proceedings Washington County Board of Commissioners February 24, 2009 1:-" 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 Peterson presided. Commissioner Reports - Comments - Questions The Commissioners reported on the following items: Commissioner Hegberg - reported on the town meeting he attended in Woodbury and the gist of the testimony was don't raise any taxes and don't cut any services; he attended the Counties Transit Improvement Board and project contracts were let and everything is going as expected; he reported on his first meeting of the Metropolitan Area Agency on Aging which discussed the Dial-a-Ride program and Metro Mobility; he will be attending his first meeting of the Community Action Partnership of Ramsey and Washington Counties; Commissioner Pulkrabek - asked for more detailed information on the stimulus package about where this money is coming from, how the interest will be paid, and what percentage of future budgets will be dedicated for debt/interest payments; Commissioner Weik - reported that she attended two listening sessions in the last three days, one at the Guardian Angels Church in Oakdale and one in W oodbury; te~timony was limited to a minute and a half; she attended the Counties Transit Improvement Board which reviewed the economic stimulus package and reviewed the transitway map for 2020; on March 16 the CTIB will hold a workshop to discuss the long-term investment framework and review the financial analysis of the quarter cent sales tax; she attended the Public Health and Emergency Preparedness Advisory Committee; that group is recruiting for medical reserve corps and she asked that it be linked to the advisory committee/citizen involvement page on the web; and, she mentioned an article in the Pioneer Press regarding the increased use of libraries; Commissioner Peterson - noted that once the stimulus dollars are received the reporting on what the money is used for, and how many jobs were created will be intense and thorough; reported that she met with Representative Marsha Swails to discuss consolidation and efficiencies in government; the Transportation Advisory Board discussed the stimulus package for the metro area and she advocated that the money be spent on big projects rather than spend it on a lot of little projects; Commissioner Kriesel - reported he spoke to the Hilltoppers at Trinity Church regarding the campus expansion and concerns they had about budget cuts; a committee has been formed to have Washington County become a Yellow Ribbon initiative county and a meeting has been scheduled for March 9 involving citizens and local community leaders to encourage support to . families of the soldiers who are currently deployed; he attended the Lower St. Croix Valley Alliance meeting where they are seeking the county's assistance in developing a legislative agenda and how to form joint power agreements so communities could work together on common efficiencies; Commissioner Kriesel referred to a group of Extension and 4-H people who addressed the Board and his suggestion to them is to bring their message to the legislators that if they are going to cut county funding it will have an impact on what the county provides. Community Corrections Approval to appoint Anthony Carr, Stillwater, to the Community Corrections Advisory Board to a term expiring December 31, 2009. l ~; " Communitv Services Approval of the following actions: Agreement with Community Services, the Sheriff, and the County Attorney to administer the Child Support Enforcement program; Master grant agreement with the Minnesota Department of Employment and Economic Development for April 1, 2009 to March 31, 2012; Contract with East Suburban Resources to partner with the Workforce Center on the EXTRA - Tasking Action on Racial Disparities project for African American Minnesota Family Investment Program customers; Amendment #1 to Contract No. 4281 with State Operated Services to ~djust the rates for two registered nurses providing services to county clients; Board workshop to discuss the county human service delivery systems. General Administration Approval of the following actions: Comments regarding the proposed budget change for Extension received from the following Citizens: Steve Anderson, Ag Society, Jason Campbell, Lake Elmo, Mike Clemens, and Rebecca Tenpas, Lake Elmo; February 10,2009 Board meeting minutes; Resolution No. 2009~019, appreciation for Supervisor John McPherson upon his retirement from the West Lakeland Township Board; Legislative update presented; Board correspondence was received and placed on file. Human Resources Approval of the Voluntary Leave Without Pay Program by increasing the leave from 40 hours per year to 120 hours per year subject to Department Head approval. Propertv Records and Taxpaver Services Approval of the following actions: Contract with Expedite! Direct Mail for printing and mailing of 2009 property tax related documents; Renew off sale liquor license for SSG Corporation, April 1 , 2009 through March 31, 2009; Resolution No. 2009-018, supporting a fee increase for deputy registrars. Public Works Approval of the following actions: Agreement with Washington Conservation District for 2009 professional services; Contract with Kucera International Inc. to perform county-wide aerial photography; Professional service contract amendments for the Campus 2025 Phase 5 improvements with Wold Architects and Engineers, and Kraus-Anderson Midwest Construction. 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. ". 4. Summary of Proceedings Washington County Board of Commissioners February 17, 2009 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 Peterson presided. Commissioner Reports - Comments - Questions The Commissioners reported on the following actions: - Commissioner Kriesel- reported on the deployment ceremony for the.Red Bull 34th Infantry Division last Tuesday; he thanked all the communities who adopted resolutions of support which were presented to the Generals and will become a part of the Red Bull Infantry history; Commissioner Weik - reported on the tour she took of the Oak Park Heights prison; she attended the Minnesota Inter-County Association meeting; listened to testimony at the State Capitol on Red Rock Corridor Transitway; she will attend the Counties Transit Improvement Board, and the Public Health and Preparedness Advisory Committee meeting next week; she announced that the visitation for Judge David Doyscher will be held on Friday and the funeral services will be on Saturday; Commissioner Hegberg - reported on the Community Action Program for Ramsey and Washington Counties; reported that MICA discussed levy limits and what the true impacts might be on counties; and he will attend his first Metropolitan Area Agency of Aging meeting next week; Commissioner Pulkrabek - reported he will be attending the 1-94 corridor group meeting on February 20; Commissioner Peterson - reported that the Legislative Committee Conference will be held on April 29 and 30 at the Crowne Plaza, and cities, counties, schools, and townships will have a joint legislative meeting. Community Services Approval of the following actions: Appoint Carol Banister, Lake Elmo, to the Community Development Block Grant Citizen's Advisory Committee to a term expiring December 31, 2011; Appoint Jen Peterson, Cottage Grove, to the Family Homelessness Prevention and Assistance Program Citizen Advisory Committee, to a term expiring June 30,2010; Presentation of the 2008 Child Protection Citizen Review Panel Annual Report. General Administration Approval of the following actions: February 3, 2009 Board meeting minutes as amended; Establish reserves and designations of fund balances for the fiscal year ended 12/31/08; Review of the Clean Water, Land and Legacy constitutional amendment authorizing three-eights of one percent to be collected on taxable sales and proposed projects developed by Washington County; 2009 Legislative update given; The Legislators will hold two town hall meetings in Washington County in Woodbury on February 23 and Forest Lake on February 26; Commissioner comments at the town hall meetings to be written and distributed to the leadership of both parties; J., ..& Commissioner Weik appointed to the Minnesota Inter-County Association board to replace Commissioner Hegberg; Commissioner Weik appointed as an alternate to the Metropolitan Emergency Services Board; Board Correspondence was received and placed on file; Board workshop held to discuss the 2009 budget. Library Approval to amend County Fee Policy #1032 to change or add certain fees for service charged in order to anticipate some of the reduction in state aid to counties. Property Records and Taxpaver Services Approval to set the first meeting date and time for the 2009 County Board of Appeal and Equalization for Tuesday, June 16,2009 at 5:00 pm. Public Health and Environment Approval of the following actions: Contract amendment with the Stillwater Medical Group to provide medical services for jail inmates, and public health services for treatment of tuberculosis in Washington County residents; Renew two-year agreements with the cities of Grant, Hugo, Lake1and, Marine on St. Croix, and St. Paul Park to provide individual sewage treatment system inspection services; Resolution No. 2009-017, amendment to agreement for financial audit services with Olsen Thielen & Co. Ltd related to the County Environmental Charge Accept the 2008 Community Health Assessment Report and authorize its submission to the Minnesota Department of Health. Public Works Approval ofthe following actions: Appoint Andy Joyce, Woodbury, to the Parks and Open Space Commission, to a term expiring December 31,2011; Comments on the City ofMahtomedi and the City of Maplewood draft comprehensive plans; Distribution of township road allotments for construction or reconstruction to township roads to: Baytown, Denmark, Grey Cloud Island, May, Stillwater and West Lakeland; Contract with Lockridge Grinda1 Nauen, P.L.L.P. for Federal relations services; Update on CSAH 17 (Lake Elmo Avenue )/TH 36 intersection project; Urban Project of the Year Award and an American Council of Engineering Companies Grand Award to the Radio Drive (CSAH 13) Safety and Mobility Project in Woodbury; Attorney-Client closed session held to discuss the final settlement of CSAH 15, the Crescent Development; Approval of the CSAH 15 Crescent Development on the attorney's fees and appraisal fees in the amount of $46,390.77. 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. Feb 04 O~ Ub:Jbp f-'at banlll v;"';l""t~~""t/vv tJ. I . Stillwater Township Calendar Chair Hiniker February '5 Planning Commission 7:00 PM February 12 Town Board Meeting 7:00 PM February 26 Town Board Meeting - ~ % 7:00 PM Cbair.Jobnson · _ (c', Y S" p. (Y\, March 5 Planning Commission 7:00 PM March 9 Park Committee 7 :00 PM . March 10 Annual Meeting 7:pO PM 'MB:l'eh 12 T vwu Boatd Meeting C Q:Y\. C e.-L 7:00 PM March 26 Town Board Meeting 7:00 PM Chair Johnson April 2 Planning Commission 7:00 PM April 9 Town Board Meeting 7:00 PM April 13 Park Committee 7:00 PM April 23 Town Board Meeting 7 :00 PM Chair Untiedt May 7 Planning Commission 7:00 PM May 11 Park Committee 7:00 PM May 14 Town Board Meeting 7:00 PM May 28 Town Board Meeting 7:00PM Chair Untiedt JW1e 4 Planning Commission 7:00 PM June 8 Park Committee 7:00 PM June 11 Town Board Meeting 7:00 PM June ' 25 Town Board Meeting 7:00 PM Town Board Superv'SQrSmay attend .ny or all of the above meetings. . ~~9S !.re1d in the town hall unless otherwise specified. p~- February 3, 2009 Clerk, Stillwater Township t: v-' February 12, 2009 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson Jim Hiniker, Supervisors Linda Countryman, David Johnson, Sheila-Marie Untiedt and Matt Beane, Stillwater Township Clerk Pat Bantli, Deputy Clerk Kathy Schmoeckel, Treasurer Carol Collins, Planner Sherri Buss, Engineer Paul Pearson, Attorney Cynthia Kirchoff and Police Chief Steve Nelson. 1. AGENDA - M/S/P UntiedtjJohnson moved to adopt the agenda as written. (3 ayes) 2. MINUTES - M/S/P Untiedt/Hiniker moved to approve the 1/22/09 Stillwater Town Board Meeting minutes as written. (3 ayes) Linda Countryman arrived. 3. ZONING ORDINANCE AMENDMENT - CEREMONY FACILITIES - Planner Sherri Buss distributed the draft ordinance with the changes suggested by the Planning Commission and the Joint Board. There was discussion of re-Iooking at allowing this in the entire Township rather than just in the Transition Zone when ordinances are amended when the Comprehensive Plan has been completed. M/S/P Johnson/Untiedt moved adoption of the Ordinance Regulating Performance Standards to allow Ceremony Facilities. (3 ayes, Countryman nay) 4. CONDITIONAL USE PERMIT - CANNON/TRELLIS WEDDINGS - Planner Sherri Buss highli9h,t~g the chang~sth~ft,ncaS~~~n~M.i,a~$~S~.,~yt.he.,rl~nnii'\g Comrpis~ion which included the number of events per day, the'monthsthe activity would be allowed and the letter of apology. M/S/P Untiedt/Johnson moved approval of the Conditional Use Permit for Peter and Sherri Cannon, Trellis Weddings and Events, LLC with the recommendations #3 and #10 from TKDA's memorandum dated February 1, 2009 deleted. (3 ayes, Countryman nay) 5. TREASURER- a) Claims and Checks - #19027 through #19042 were approved for payment. Matt Beane arrived. b) Budget - Carol Collins distributed the latest proposed budget figures which were reviewed. There was discussion of changing the payment dates for the fire contract with the City of Stillwater. David Johnson will check with Larry Hansen to get his Input. Raleigh will be Invited to a May meeting to discuss maintenance Issues. J \ Stillwater Town Board Mtg. - 2/12/09 Page 2 M/S/P Johnson/Countryman moved to recommend the following levy for 2010: $366,000 $223,000 $155,000 $744,000 (5 ayes) General Fund Road and Bridge Capital Improvements Total c) Board of Audit - The Board of Audit will be before the next meeting, 6:45 p.m. on February 26. 6. PLANNER- a) Wind Energy Conversion Systems Ordinance - M/S/P Johnson/Untiedt moved to approve the Wind Energy Conversion Systems Ordinance to include a 75 foot height limitation in the Transition Zone. (5 ayes) b) Fee Schedule - Planner Sherri Buss distributed a suggested fee schedule for 2009. Fees should cover Township overhead and escrow should cover staff expenses. M/S/P Countryman/Untiedt moved to adopt the Fee Schedule for 2009 with the fee for a CUP raised to $250.00. (5 ayes) c) Carnelian-Marine Watershed - Planner Sherri Buss had received a letter from them saying that we need no changes to our surface water plan. They also complimented the Township on the plan. 7. POLICE CHIEF - a) Monthly reoort - Police Chief Steve Nelson gave his monthly report. There have been six burning permits, none were for buckthorn. Two dogs were impounded and both were claimed and fees paid. b) Dog License Update - Steve Nelson reviewed the procedures. There are now 379 dogs licensed and usually we have between 400 to 425. He suggested the possibility of a late fee. c) Bruette Roofing - After receiving a complaint, he visited Bruette Roofing and saw a lot of junk in the yard. He told them to clean it up which they have done. 8. ENGINEER- a) Mastic Cable Permit - Engineer Paul Pearson reviewed their form. He will identify himself as the emergency contact. The plans should go directly to him as well as any permits from Xcel Energy. M/S/P Countryman/Untiedt moved to add a $100 fee for utility permits to the Fee Schedule. (5 ayes) b) 2009 Bituminous Material Unit Prices - Paul Pearson's estimates were reviewed. 9. ANNUAL MEETING AGENDA - The proposed Annual Meeting Agenda was discussed. ~ · Stillwater Town Board Mtg. - 2/12/09 Page 3 M/S/P Untiedt/Beane moved to authorize $100.00 payment to the Washington County Historical Society for the annual meeting speaker. (5 ayes) . . Jack Kramer will be invited to speak at the meetingabout~unding permits. Matt Beane will discuss Parks and Trails, Linda Countryman will discuss the Joint Board, Sheila-Marie Untiedt will discuss the Planning Commission and the Communication Committee and Jim Hiniker will cover the levy. Rick Jacobson will be asked to put'up signs along with Matt Beane about the annual meeting. 10. COMMUNICATION COMMITTEE - The next newsletter will be coming out shortly and will include notice about the annual meeting and the suggested levy information. Fred Brandt had information about signs to market the Township's website. M/S/P Johnson/Untiedt moved approval of 2 banners, one permanent sign and vinyl lettering to go on the glass inside the bulletin board with the expenditure not to exceed $500. (5 ayes)' 11. AXDAHL PARK DEDICATION - The Axdahls have proposed donating an approximately 2-1/2 acre parcel at 116th and Arcola in lieu of their cash park dedication for their Otchipwe Bluffs development. David Johnson had contacted a local real estate agent for an approximate determination of the land's value. The agent felt the land was not worth more than $30,000. The consensus was that this parcel does not fit our plan. David Johnson will ask the agent to put something in writing to show to the Axdahl's. 12. ST. CROIX VA~LEY PRESS - Sheila-Marie Untiedt had written an article for this newspaper which she will submit. 13. BOOMSITE - David Johnson had received an e-mail about the possibility of the City of Stillwater buying the Boomsite. There has, however, been nothing official. It is currently owned by the State of Minnesota and controlled by the DNR. 14. METROPOUTAN COUNCIL - Linda Countryman had a letter from the Metropolitan Council saying they would like to meet with us to review regional issues. She will invite them to the first meeting in April. 15. ADJOURNMENT - The meeting was adjourned at 10:25 p.m. Clerk Chairperson Approved M~ AGENDA CITY OF STILLWATER CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street March 3, 2009 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. CVB Update 2. Discussion of Special Events Task Force 3. Discussion on Staples Field ST AFF REPORTS 1. Police Chief 2. Fire Chief 3. City Clerk 4. Community Dev. Director 5. City Engineer/PWD 6. City Attorney 7. Finance Director 8. City Administrator ADJORN TO EXECUTIVE SESSION 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES - Possible approval of regular meeting meetings of February 17,2009 PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. 800 Mhz Update - Washington County 2. Proclamation: Washington County Historical Day 3. Meritorious Conduct Award-Gold Tim Bell, Jonas Werpy and Unit Citation for Chris Zeuli, Jon Bell, Rob Peltier, and Steve Zoller 4. Meritorious Conduct Award-Silver Ken Olson, Steve Zoller and Unit Citation for Jonas Werpy OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the .statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance. please limit your comments to 5 minutes or less. CONSENT AGENDA* 1. Resolution 2009-42, directing payment of bills 2. Resolution 2009-43, approving Washington County On-line Software Access Agreement 3. Resolution 2009-44, amending the Personnel Policy of the City (FMLA) 4. Resolution 2009-45, abatement of special assessment PUBLIC HEARINGS - Out of respect for others in attendance. please limit your comments to 10 minutes or less. . 1. Case No. 08-51.This is the date and time for a public hearing to consider a request from City of Stillwater for a variance to the river and bluff setback for Bergstein and Shoddy Mill located at 805 South Main Street in the IB, Heavy Industrial District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on February 20,2009. 2. Case No. 09-03. This is the date and time for a public hearing to consider"a request from BWBR Architects, Shannon Brambery, for a special use permit request for the remodel and expansion of the mechanical room located at 927 West Churchill Street (Lakeview Hospital) in the RB, Two Family Residential District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on February 20, 2009. UNFINISHED BUSINESS 1. Possible approval of Stillwater Criterium (Bike Race) Contract (Resolution - Roll Call) 2. Possible second reading of Ordinance No. 1005, an ordinance amending ~ection 51-5, Snow Emergencies of the Stillwater City Code NEW BUSINESS 1. Possible first reading of Ordinance NO.1 006, an ordinance amending Section 38-3, Noise Control and Regulations of the Stillwater City Code (1st Reading-Roll Call) 2. Possible approval of design for Legends Park Shelter and bid for the Well House received by the Water Board of Commissioners (Resolution - Roll Call) 3. Possible approval of Capital outlay purchase of a new loader and a sweeper 4. Approval of software purchase for the Community Development Department PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. Page 2 of 2 ~i! tyy'!l~~,~ Administration 'J Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 2/20/2009 Re: Discussion on Special Event Task Force At the Council's February 3rd meeting, comments from Mayor and Council were presented relating to the formation of a Special Event Task Force. At that time I was waiting for information from the League of Minnesota Cities on what other cities do for special events. Unfortunately I haven't received much from the League or the list-serv. I have attached the information I did receive for your review. Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 1/30/2009 Re: Discussion on Special Events Task Force At the last meeting Council directed staff to place the discussion of a Special Events Task Force on the February 3, 2009 agenda. I have an inquiry into the League of Minnesota Cities to see what other cities do for special events (such as costs, fees etc.) but have not received anything yet. The followina comments have been received from Mavor and Council: . The task force should have a representative of the chamber on it as well as CVB and parks board . To have the event applicants coordinate with the chamber so they can include information about local businesses in their promotional material for the' event. For instance, give everyone who signs up for the bike race a packet with information or coupons or some other advertising material to promote the Stillwater business community. . Some of this was discussed informally at the meeting last night, but I want to emphasize the need for the city to at least be reimbursed for the use of any city staff, i.e. Police, Fire, Public Works, etc. And because we often don't calculate or anticipate other costs, perhaps a user fee would be appropriate. I think the committee or city staff should contact the League of Minnesota Cities to see what other jurisdictions do. I don't think we have to reinvent the wheel every time we take action. . Other big concern has to do with how the public is noticed about these events. It has been my experience, and others have expressed similar complaints, that we learn about the events after they have been basically granted permission to move forward with their plans. Most of these events impact the entire city including both residents and business owners. I think we should have a minimum of 2 published notices which offer an opportunity for public input. Maybe the website could include an alert or a flashing symbol that signifies this is an upcoming issue so it catches people's attention. Once someone contacts the city to have an event, everything moves so quickly that people don't have a chance to react. I think we need to spend some time thinking through options to keep people informed in a timely manner. I am not being critical of your previous efforts to do so; I am trying to find new and improved ways of communicating with the public. February 20, 2009 . Limit the negative impact an event has on the community. Parking is always a problem as is traffic. Noise and nuisance issues also affect the quality of lif~ for residents, particularly if you happen to live close to the downtown area where these events usually take place. We also need to find a way to take into consideration the impact this has on the local businesses. Our season is short in Minnesota and businesses depend on nicer weather to bring people out. If we jam up every weekend with an event, many business owners believe it have a direct negative effect on their sales and ultimate viability. We have to provide some recourse for people with disputes and negotiate a compromise that addresses both sides of an issue. . Task Force should be created with the following members: - Two Council Members - Chief Gannaway - Chief Glaser - Bill Turnblad - Mike Pogge - Chair of the Parks - Chair of the Planning Commission - Chamber Representative - Jenn - CVB - Representative Bill Turnblad is the lead on this. . Goals and Objectives: . Three Month Task Force - Meet on Wednesday's if possible . Create standards for Downtown and City Parks throughout the City . Create streamlined application process - goal not to task City Staff . Create fees that are fair to the city and the applicant . Creation of Downtown Beautification Fee . Set monetary standards for paying back Police and Fire for services rendered This group will need to report to the Planning and Parks Commission before coming in front of the City Council . Main concerns of the downtown business owners are: 1) Public restrooms : 2) Main Street congestion 3) Downtown parking 2 Diane Ward From: Sent: To: Subject: Stangl, Alexis [AStangl@lmc.org] Tuesday, February 10, 2009 8:46 AM Diane Ward FW: Using Police and Fire staff for evening event Hello Diane, I am writing to follow-up on your request for information on how other cities handle events that require city staff to be present. I did post your question on the League's clerk-administrator listserv. A response from Mark Karnowski, the administrator in Princeton. If you have questions for Mark, you may reach him at 763-389-2040. I will forward to you any other responses that I receive. I also spoke with the clerk in Glyndon. There, if the city staff needed at the event is an employee (usually police), the person holding the event is responsible to pay the rate for the. person on duty, including over time if that applies. Thus, the rate may vary depending on who is working that day. As for firefighters, they have a more. difficult situation because they have volunteer fire fighters so it is difficult to determine how much they should be paid. If the city is considering allowing police officers to "moonlight" to be at these events, the city should consider the liability aspects of this arrangement. The League's memo "Moonliahtina: What's The City's Liabilitv?" will help the city to understand this issue a bit better. I am providing this information for general informational purposes. It is not intended to provide legal advice and should not be used as a substitute for competent legal guidance. Please consult the city attorney for advice concerning specific situations. I hope this information is helpful. Please let me know if you have any other questions. Thank you for contacting the League of Minnesota Cities! Alexis C. Stangl I Staff Attorney Tel: (651) 281-12271 Fax: (651) 2154127 astangl@lmc.org 1 www.lmc.org League of Minnesota Cities 145 University Ave. West I Saint Paul, MN 55103 Connecting & Innovating since 1913 From: Mark Karnowski [mailto:mark@princetonmn.org] Sent: Monday, February 09,20092:14 PM To: Clerk! Administrators Subject: RE: [c1erk-admins] Using Police and Fire staff for evening event We calculate what our actual out of pocket expenses are and charge accordingly. Is the officer on O.T or is he/she a part-timer on straight time? What's the city's cost for the PERA, FICA, etc.? We make some assumptions on the "average" cost to the city regardless of the employee who is assigned or volunteers and charge accordingly. We're not trying to make money on the deal, but it's not fair to the taxpaying citizenry to have them subsidize another either. Mark K. Princeton From: Slavens, Vanessa [mailto:vslavens@lmc.org] Sent: Monday, February 09, 2009 12:34 PM To: Clerk! Administrators Subject: [c1erk-admins] Using Police and Fire staff for evening event 1 Hello Listmates, A member city has asked what other cities charge when it is necessary to have city staff (such as police, fire, or public works) present at an event. For example, if a police officer is required to be at an event, how much does your city charge to have the officer present at the event? I would greatly appreciate any information you could share with me on this issue. My direct email is astanal@lmc.ora. Thank you for your help! Alexis C. Stangl 1 Staff Attorney Tel: (651) 281-12271 Fax: (651) 215-4127 astangl@lmc.org 1 www.lmc.org League of Minnesota Cities 145 University Ave. West I Saint Paul, MN 55103 Connecting & Innovating since 1913 You are currently subscribed to clerk-admins as: mark@princetonmn.org To unsubscribe send a blank email to leave-138136- 26931.14b14198b6e26157b7eba06b390ab763@listserv.lmc.or9 You are currently subscribed to clerk-admins as: astangl@lmc.org To unsubscribe send a blank email to leave-138161- 17918.11757761dafa3e68756adb17cfa9d730@listserv.lmc.or9 2 LEAGUE OF MINNESOTA CITIES CONNECTING & INNOVATING SINCE 1913 RISK MANAGEMENT INFORMATION FESTIVALS, FAIRS, AND FUN.... OH MY! Festivals, fairs, holiday celebrations, and special events add to community spirit and are quite popular in Minnesota cities. Liability exposures are often overlooked when organizing these events. Liability exposures and their "worry factor" can be greatly reduced by carefully analyzing the risks, proper planning, and effective coordination of the celebration. Risks are Present Attitudes may be the first obstacle to controlling liability in your city's event. "We've never been sued," or "that never happens here" are sentiments waiting only for something to be proven wrong. Accidents and injuries do happen. It's easier to spend time in preparation for a successful event than in repair of public opinion to litigation following injuries or damage to others. Whose Event Is This? Many celebrations are the cooperative effort of several groups in the community. Their spirit of cooperation should be fostered as long as all contribute to the well-being and success of the event. If the event is sponsored by one party or the city itself-direction becomes clearer. Broadly based community events should have a leader and effective organization, identified as planners and coordinators of the event. All participants should be insured and be willing to provide evidence of insurance including general liability, workers' compensation and any other coverages necessary to the planned event. Most service clubs are insured by their parent or national club organization and have the appropriate coverages available. The event organization may be incorporated to give it independent status. Consideration should be given to having the event separately insured to help avoid dilution of the city's insurance coverage. Municipal planned events The event should be planned well in advance of the actual event date. Planning meetings with all involved (including all affected outside parties) will help assure that all aspects are covered to include contingencies. Meetings should be documented and minutes of those meetings distributed to all involved to assure agreement and eventual completion of all directed tasks. In addition to pre-event planning, checklists should be developed and used to determine if policies, procedures and loss exposures have been addressed. This material Is provided as general information and Is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 145 UNIVERSITY AVE. WEST PHONE: (651) 281-1200 FAX: (651) 281-1298 ST. PAUL. MN 55103.2044 TOll FREE: (800) 925-1122 WEB: WWW.LMC.ORG Be selective The city's support of an event gives the city a stake in its success. Some events pose a high probability of loss and should be avoided. The public is best served with successful events providing quality recreation without endangering the well-being of the city. Some examples of events/activities which should be avoided include vehicle races, amusement rides, liquor sales, fireworks, etc. These risks are best avoided; however, they can be transferred by contracts with vendors or sponsors who are insured or with insurance purchased specifically to protect the city from these risks. Contract out the event To minimize or control liability exposures to the city, contract as much as possible to an independent party such as an event coordinator or contractor. Generally, the city is not liable for negligence of an independent contractor; however, proper evidence of insurance is necessary from that contractor. A void hiring or assigning the event to an independent party and then retaining the power to control specific details of planning and work. Agree with the independent party on the goals of the event and the specific items the city wants to include, but leave the independent party the discretion to decide the specifics of how to accomplish those goals. Note: Contracting with an independent party will not relieve a local government of all of its responsibilities. Cities that allow events to occur on their property may be held liable for any injuries arising from the condition of the property. The city should abate known hazards on property owned and maintained by the locality prior to the event occurrence. Non-Municipal events A special event policy should be established by the city setting guidelines for those events sponsored by groups other than the city. That policy should guide those groups and assist the city in determining the feasibility of an event based on the cities service demands. Use checklists to determine hazards and their control Checklists are helpful tools to determine whether or not hazards exist and what controls are needed. Each event, whether a fair, a festival, an athletic event, a race, or a rodeo has its own areas of liability concerns and each area should be addressed. Use indemnification agreements The city should implement an indemnification agreement between the city and any parties involved in the event to help avoid liability for injuries suffered as a result ofthe event. Use waivers or pre-event releases Waivers or pre-event releases advise and/or enhance participants' assumption of the specific risks involved with the event. Although some past court decisions have not always held up their validity, waivers/releases should still be used. Lawsuits arising out of high risk events such as races, triathlons, etc, can be better defended when the party filing suit was effectively put on notice of the risks they face while participating. 2 Special events must be managed with the safety and health of the participants in mind, the protection of public property considered, and the impact of non-participatip.g citizens minimized. Departments within the city must work together to eliminate liabilities arising from special events. For further information contact the League of Minnesota Cities Insurance Trust or your Loss Control Consultant. Bernie Szczesniak 10/07 3 . . .. TJ-lt" i:!.ff{rHPLAC!- (Jf. Mi ') City Council DATE: February 27, 2009 ITEM: Staples Field Basketball Court CITY COUNCIL DATE: March 3, 2009 REVIEWERS: Community Dev. Director and Public Works Director PREP ARED BY: Michel Pogge, City Planner ~1f BACKGROUND Since the basketball court at Staples Field was closed, the Parks Commission has regularly received requests from the public to reopen the court or to convert the site to another park use. In response to a request in the Summer of 2008 to reopen the court the Parks Commission held an open house on August 25th concerning the future of the Staples Field basketball site. At that meeting the Commission outlined a plan on how to proceed including: 1. Providing a list of possible re-uses for the Board to consider in September. 2. Sending out a neighborhood survey to area residents in early October. 3. Hold a neighborhood open house in October to review and discuss the options. 4. Commission would review the survey and make a recommendation to Council in November. Staff drafted a survey in regards to Staples Fields and specifically the basketball court. The commission approved a draft survey at their September meeting. The Survey was mailed on October 6th with a due date of October 31 st. An open house was also held on October 14th to answer any questions about the survey. Five people attended the open house. . " J Staples Field Basketball Court Page 2 Following is the list of options related to the basketball court as included in the survey. . Reopen the basketball court . Convert the area to a 100' x 56' outdoor winter ice rink with hockey boards and remove all basketball equipment from the site (Note: The City would stop flooding the baseball field for ice use) . Convert the area to a 100' x 56' outdoor winter ice rink without hockey boards and remove all basketball equipment from the site (Note: The City would stop flooding the baseball field for ice use) . Remove surface & equipment and install a playground structure . Remove surface & equipment and install picnic/ gazebo facilities . Remove surface & equipment and use as open space . Remove surface & equipment and install volleyball . Other SURVEY RESULTS Attached is a copy of the original survey, a map of the area that was surveyed, and the compiled results. The surveys were coded in to three groups. The first were i:rnrnediately adjacent to the park, the second were properties that faced toward the park, and the final group are those in an outer perimeter around the park site. Individual responses cannot be determined from the coding. The attached map shows the three areas. Related to the future use of the Basketball Court site there is no clear direction from the survey results. Overall 73.8 percent of those surveyed preferred an active park use (basketball, ice rink, volleyball, and/ or playground) were 27.7 percent favored some type of passive park use (picnic/ gazebo and/ or open space). [Note: Since some people selected more than one item therefore the totals will not add up to 100%. No survey was counted more than once in an aggregated tota1.] For the active park uses, 38.5 percent felt that the basketball court should be reopened, 30.8 percent favored a Hockey /Ice Rink use, 13.8% preferred a playground and 9.2 percent favored a volleyball court. The survey also asked if West Aspen St or North Martha Street should be closed in order to improve safety and to increase the park area. The responses concerning West Aspen St were nearly evenly split and for North Martha Street the preference was against closing the street. Without a clear majority it may not be prudent to consider closing either street. . , Staples Field Basketball Court Page 3 PARK AND RECREATION COMMISSION RECOMMENDATION On November 24, 2008, City Staff reviewed the survey results on Staples Field with the Commission. The Commission expressed disappointment that the survey did not result in a clear direction from the neighborhood. The Commission spent around an hour and a half discussing various options between the commission members and the five residents that were in attendance. A motion was made by Amrein and seconded by Snellman to conduct a second follow up survey that narrows the options down. Motion failed 3-4 (McGarry, Nyberg, Brandt, and Christensen voting no). McGarry made a motion and seconded by Nyberg to recommend that the City Council reopen the basketball court with only the east side hoop on a trial basis with the situation to be revisited as needed. The court is to be locked at night. Approved 7-0. STONEBRIDGE SCHOOL BASKETBALL COURT In 2005, the City donated $30,000 to the Stonebridge PTA for the development of new playground equipment. At the same time there was discussion of developing a full size regulation court on the school property. The School district raised concerns with having adults on school property during the day and ultimately the district installed four additional youth adjustable basketball standards that could extend up to 9 feet in height which is below the normal 10 foot height for basketball hoops. The court design allows for one full court game or two half-court games. Ultimately, the area serves as a multi-purpose youth court with six youth regulation basketball hoops, four-square courts, and hopscotch courts all on the same surface. Attached are the minutes and staff reports from this discussion. RECOMMENDATION Review and take an action. , ~4 Staples Field Neighborhood Survey Completed October 2008 For the Stillwater Parks and Recreation Commission City of Stillwater Community Development Department 216 North Fourth Street Stillwater, MN 55082 651-430-8820 eo G> ... <( >. G> ~ :1 en "C - G> .- LL fA G> - C- eo ...., en -c s:: Q) C') Q) ..J o ns Q) ... ns ~ Q) '= :::s en N C"') ...... '" C ell X E ~. t:: 0 "'- ~ Z 5ralN<X) ~ob5:g2: ~~.c~~ caE'SZ~ ~c.o~~ :E~~G31 (1)>t::-o o~o~~ .2:' z;:<X) U ~(O Ui 0 ~N ~ E ' E It; o (0 U Qj ell !La a <D 0 It) ~ 0 Qj 0 ~ M 0 0 (') II .c. 0 <.> It) .5 It) ,... 0 z~ Staples Field Neighborhood Survey The City of Stillwater is committed to providing excellent recreation facilities for your use. Stillwater Parks and Recreation Commission would like your assistance in their planning efforts for Staples Field. To help us understand which outdoor activities are most important to the community we are asking you to complete the enclosed survey. Please return the completed survey by October 31, 2008. If you have questions or concerns, please call Mike Pogge at 651-430-8822, via e-mail at mpogge@cLstillwater.mn.us, or contact any member of the Parks and Recreation Commission. Thank you for your assistance! Aboutvou 1. Are you or any member of your family current users of Staples Field? DYes D No If yes, which areas: D Tennis Courts D Baseball Field D Other: D Ice Rink D Playground Equipment 2. How often do you visit Staples Field? D Daily D Monthly D Weekly D Special events 3. What is your normal means of transportation to Staples Field? D Walk D Bicycle D Car D Other: 4. How long have you lived in the City of Stillwater? D less than 1 year D 10 - 14 years D 1- 2 years D 15 - 19 years D 3 - 5 years D 20 - 29 years D 6 - 9 years D 30 years or more About StaDles Field 5. Have you experienced any problems when using Staples Field? DYes D No If yes, would you please elaborate: 6. What should happen with the closed basketball court? D Reopen the basketball court D Convert the area to a 100' x 56' outdoor winter ice rink with hockey boards and remove all basketball equipment from the site (Note: The City would stop flooding the baseball field for ice use) D Convert the area to a 100' x 56' outdoor winter ice rink without hockey boards and remove all basketball equipment from the site (Note: The City would stop flooding the baseball field for ice use) D Remove surface & equipment and install a playground structure D Remove surface & equipment and install picnic/gazebo facilities D Remove surface & equipment and use as open space D Remove surface & equipment and install volleyball D Other: 7. Should the City convert one of the tennis courts at Staples Field to a basketball court? DYes 0 No 8. Please rate Staples Field in the following areas: (1 poor, 3 average, 5 excellent): Lawn/grounds 01 02 03 04 05 Park benches/picnic areas 01 02 03 04 05 Playground equipment 01 02 03 04 05 Baseball! Athletic fields 01 02 03 04 05 Tennis courts 01 02 03 04 05 Ice Rink 01 02 03 04 05 Restrooms 01 02 03 04 05 Security 01 02 03 04 05 9. Would you be in favor of closing West Aspen St between the Tennis Courts and the closed Basketball Court (intersection of West Aspen St and North Martha St would remain open)? DYes 0 No 10. Would you be in favor of closing North Martha St between the Baseball Field and the closed Basketball Court (intersection of West Aspen St and North Martha St would remain open)? DYes 0 No 11. Overall, how satisfied are you with Staples Field? ( 1 Very Dissatisfied - 3 Neutral - 5 Very Satisfied) 01 02 03 04 05 12. Please provide any other comments you feel would make Staples Field better. 13. Overall, how satisfied are you with the City Park System? ( 1 Very Dissatisfied - 3 Neutral- 5 Very Satisfied) 01 02 03 04 05 14. Please provide any other comments you feel would make our service to you better. Thank yOU! Please make sure you have answered all questions and then simply mail your completed survey in the postage-paid envelope provided. Number of Surveys Sent and Response Rate by Area. Number Number Response Area Sent Received Rate 1 21 14 66.7% 2 35 11 31.4% 3 144 40 27.8% TOTAL 200 65 32.5% Question 1. Part 1. Are you or your family current users of Staples Field? Yes % No % 1 11 78.6% 3 21.4% 2 7 63.6% 4 36.4% 3 29 72.5% 11 27.5% Total 47 72.3% 18 27.7% Question 1. Part 2. Which area do you use? Playground - Yes Playground - No 9 5 4 20 7 20 33 32 Question 2. How often do you visit? Special Events - Yes Special Events - No o 14 4 7 12 28 16 49 Question 4. How long have you lived in Stillwater? 1 2 o 3 TOTAL 2 Question 5. Have you experienced any problems at Staples Field? 1 % % 3 % Total % Yes 4 28.6% 8 20.0% 13 20.0% No 8 57.1% 27 67.5% 45 69.2% No Response 2 14.3% 5 12.5% 7 10.8% TOTAL 14 100.0% 40 100.0% 65 100.0% Question S. Please elaborate on oroblems YOU have exoerienced at staoles field: · Teenagers too old for playground equipment hangout, smoking, cussing, necking · "Not with park but with children ""hanging out"" and being ill mannered." · Ungraded and unkept field. Teenage loitering, drug use and litter. Adjoining homes unreceptive to park use. · There is often trash in the sand, the hand sanitizer is always empty in the port-a-potty, it is overgrown by the fence by the playground. · Have had frequent difficulty with the lights on the tennis courts not working correctly · out of town basketball players being loud. · There isn't a garbage can - there is trash all over the little park and bench. · Bathroom would be nice · In past - at night the basketball court attracted some problems - this can be cure by shutting lights by 9 PM in both tennis and basketball courts. Can't play in the dark? · Neighboring property owners think they run the park (rude). · People walking their dogs on the tennis court and leaving dung. · Foul language. Two neighbors yelling at kids all the time. · gang kids making noise late at night · The sand is filthy - wood chips would be better · Drunks, drugs, urination, vandalism, intimidation of both adults and children = ('.. ..... .... :::l o U l'll .0 ..... Q) ~ III l'll .0 "C Q) III o U Q) .r. ..... o ..... c Q) 0.. 0.. l'll .r. ~ 1.0 :::l C 0 o~ ~...., Q) l'll :::l.r. 0'$ Question 6. Summary - What should happen to the closed basketball court 1 % 2 % 5 45.5% 1 9.1% 3 27.3% 4 36.4% 1 9.1% 1 9.1% 10 90.9% 1 .6 Notes on table above: The bold items are an aggregate of the various options. Some participants selected more than one item for question 6. Due to this the aggregate may be less than the adding the options together in order to account for multiple selections. Question 6. What should haDDen with the closed basketball court - Other. · If you are going to use as ice rink please think about families that want to use it to teach their children how to skate. Please don't give it strictly to hockey. · What about community vegetable gardens? I am open to all ideas that support families and healthy living. · Where is the money coming from to make these changes? · Quiet garden with trees pong and benches · City garden with gazebo/picnic · Turn this into area that everyone can use - benches - tables - water feature or community garden. · Can not help without any info. · bike riding area (for younger children) · Leaving it closed (as it had been) is foolish! · Have a warming facility for the ice rink - small structure · Some trees, bushes, flowers and a couple of picnic benches - no big slab like Pioneer Park as it wouldn't fit the smaller space. · Maintaining a non-hockey skating opportunity was very important to me when my children were young and I believe is important to other young families. · public quiet space - gardens for handicapped elderly (a sponsored project like como park Japanese garden, etc.) Question 7. Should one of the tennis court be converted to a basketball court? 1 % 3 % Total % Yes 2 14.3% 6 15.0% 11 16.9% No 11 78.6% 30 75.0% 49 75.4% No Response 1 7.1% 4 10.0% 5 7.7% Total 14 100.0% 40 100.0% 65 100.0% Question 8. Average Rating on Staples Field Facilities Question 9. Should West Aspen St be closed? 1 % 3 % Total % Yes 7 50.0% 23 57.5% 35 53.8% No 7 50.0% 11 27.5% 23 35.4% No Response 0.0% 6 15.0% 7 10.8% Total 14 100.0% 40 100.0% 65 100.0% Question 10. Should North Martha St be closed? 1 % 3 % Total % Yes 6 42.9% 14 35.0% 24 36.9% No 8 57.1% 19 47.5% 33 50.8% No Response 0.0% 7 17.5% 8 12.3% Total 14 100.0% 40 100.0% 65 100.0% Question 11. Overall, how satisfied are you with staples field? TOTAL No Response 1 2 7 1 9 4 5 15 6 Average Rating 3.28 Question 12. Please Drovide anv other comments vou feel would make StaDles Field better. · Trash cans. Children playing or slow down signs. Had signs but were stolen by a neighbor. · Reopen the basketball court for the neighborhood! This would be the least expensive and prudent option. Provide bathroom facility/porta potty!! And the basketball area. · Its nice to have a park that is little and simple. Please do not make like pioneer park. It is so hard to watch little children there. That's one thing all the parents say they like about Staples park -- that is small enough and simple enough for kids to use and parents to monitor play. · The field is unlevel, not groomed properly and the backstop need to be enlarged. The restroom facilities needs to be upgraded. The playground equipment need upgrading · "My kids call staples ""Little Park"" because the playground area is too small. My 4 and 5 year olds get tired of it quickly, so we usually drive to other parks." · top dren (71) the athletic field · I'm glad toy are looking at options for improving it. It is a shame to have the basketball court as wasted space and I hope the lights will be fixed so that they work on a consistent basis. Thanks. · Could the park be made safer for the little members of the public (traffic control) · I really like the tennis courts. The lights never work at tennis courts. The north end needs attention. · Consider neighbors - how vandalism yelling, loud noises affect them. The basketball court is right next to people homes, so should be a designated quite area. Also, I don't see that Staples Field serves all the seniors living in the area at all. · Open the basketball court. Post signs with the rules and enforce them. Don't keep the court closed because of the inappropriate behavior of a few years ago and the few neighbors who complained. There are many in the neighborhood who would like to use it. · you could remake this are in to a beautiful park with a little time and a little money · Please invest to make it a great place for kids and families to meet and play. North hill has lots of new, young families that use the park system. Staples park needs: bathrooms, picnic tables, shelter/shade, a larger play structure (for more than 2-5 kids to play on) and water fountain if we want to truly make this a community meeting grounds. · The north hill neighborhood is peaceful - the kids are good. We do not want a teen hang out. · Security, bathrooms, maintenance ,. · Staples is an old fashioned baseball/ice rink park. The area of field - tennis court - basketball court can be improved for all ages of near by facilities - walkways would improve it. Need more than 1 restroom to accommodate need. Certainly want Staples to remain · Thanks for asking! The lights are the tennis court don't work anymore. . · Baseball field is always in terrible condition. The basketball court has been closed for 15 years. Our daughter, now graduated, had to be driven to other park to practice shooting when we had a closed court one block away. · 1) reopen basketball court. Park employees could open it in the AM when they come thru and a squad could lock it in the PM. 2) Turn the lights that are in the tennis court on! Why not use them if they are there? · Our community needs a place for kids to play · support the local family wishes please · Change sand to wood chips or the rubber flooring. Warming house, more benches for ice skating rink, maintain ice so its skateable! · 1. While viewed as a neighborhood park, Staples is a City park and residents from the whole city should not be locked out of one of the City's amenities - The basketball ct. 2. Hockey rink wi boards on baseball field in winter 3. more playground equipment and swings in existing playground area. · closing the road between the basketball court and tennis court would slow the traffic down. We get a lot of speeders on this road. · Remove the surface and equipment of basketball court and turn it into a nice playground. Close either west Aspen or North Martha to increase safety. · Refer to # 6 - a warming house to put on and remove skates · better bathrooms keep tennis courts lights for night skating no basketball tell crabby neighbors they shouldn't have moved near a park if they want quiet. · We use the park because it is close and convenient not because it is excellent. Flowers, bushes, trees, a trash can, a restroom with running water and potable water, a bigger skating rink - all would be welcome if monies permit. More swings would solve many arguments .... · The size and location of Staples Field severely restrict it use for anything by t-ball. The basketball court I thought was closed permanently by action ofthe City Council. Parking can be another problem. And no buffer zone. · should never have closed the basketball court @ staples · I am glad it there. I think it adds value to the neighborhood but I think it could be upgraded and made more welcoming. Maybe if it was used to host more neighborhood activities and scouting event it would get more visibility. · Its nice to see baseball field use in summer. Ice rink is very under utilized - lights in night would be nice - benches for putting on skates... · Stillwater parks do not have to be sports activity based. I believe we have a lack of "quiet space"- afterall, the reason this controversy exists is because it is a "loud space" with potential of being worse. .~ Question 13. Overall, how satisfied are you with the City Park System? TOTAL No Response 1 2 4 5 27 13 Average Rating 3.79 Question 14. Please Drovide any other comments you feel would make our service to vou better: · Police monitored. A lot of school skipping teenagers hangout. Noise ordinance. Hanging of shady characters that don't even have children at the park but observe the children. · I think staples field is a wonderful neighborhood playground. For those of us on the north hill it is convenient and within walking distance. We use it often with our grandson and never have had any problem. We would like to see it continue "as is". · Thanks for the survey. · I have never use this field. Children grown and out of state. I'm sure whatever improvement you make will be appreciated by all who use these facilities. Sorry I couldn't be of any help. · I think the City of Stillwater has great parks. Please do not think that bigger is better though. Some of use parents like the "simple" things too. I'd love to see a skating warming house like Bayport has. Maybe ask for volunteers to help build and manage? · A year ago we put up at the tennis court and took down garbage sacks. There is now a garbage container at the tennis courts. Thank you. · Most of the city parks are in disrepair. They need regarding and more attention to upkeep (mowing, grooming fields, etc) many of the parks are becoming non-family friendly; teenage loitering, drug use, litter. Most of the residents live on 50' x 150' lots. We rely on our open space for recreation. Fix and maintain them. · Not related to staples but Washington Square it would be nice if they would not mow the lawns in the morning when the most kids are there. Also, the drinking fountain was leaking for a long time. I called about it, never received a call back, and it remained leaking for several months (I'm really not sure it's fixed now). · a dog park would be really great · Kill the weeds they are bad for the public's health · It would be wonderful to combine the 3 separate areas in to one cohesive park. · Please spend tax money on improving the streets. How about selling the lot for a house so we can get more property taxes to pay for much needed improvements. · Lack of quite accessible green spaces. No soft paths to walk on. (All area hard surfaces - hard on joints) It seems that every park around had become a noisy playground - Playgrounds for kids are great, but how about a few adult, garden oriented types. Yes. A lot of our neighbors are senior citizens, but there aren't any park facilities for them. I think other, like ourselves, might even be willing to help some with a quiet park - gardening - bird feeders. Etc. . The gully off of 4th north that goes to 2nd sty should be developed into a park area like you did with the gully that starts by the harbor bar and runs down to the library area. It is wasted space. . We love Stillwater parks & would appreciate & treasure a park like staples that we can walk to and meet neighbors all year round! . It's improving - the smaller parks need some improvement - more benches/tables for families. We could use some bike/walking trails within town. . What ever uses the least tax payer dollars. . The new parks are great! . No hockey rink! Would disturb the same people who found the basketball court too noisy. . Thanks for this input opportunity! . Truly wish we had a city pool. A city our size should have a place for children and families to go in the summer to swim. . Granted time have changed and the kids don't seem to playa lone, or with their friends any more, but leave staples field, always available to all ages. Please don't close it- . Recommend City flood more often in winter to maintain good ice. Thanks for asking and for moving forward. Green space must be used. . If you close Martha where would people park who use the park? And where would the Thompson's park their vehicles and access their driveway and garage? Just leave the park a small neighborhood park it has worked fine all these years. Also closing one of the tennis courts for a basketball court would just move the problems a few feet south. The same problems would remain. We need some quite areas. . I'm 71 and I really don't use the park. However I think neighborhood parks are very important and would like to see this facility improve and maintained for the benefit of the children on the North Hill. Thinks for asking families what they want and need. . Open a dog park somewhere in the City - maybe at the apparently unused park at the north end of 4th St in Dutchtown? . The old prison site should have been a park is there any way to rip out those god-damned condos and make that very historic spot available for use by all Stillwater residents! Save the old Stonebridge. It is deteriorating and will soon be gone if nothing is done. The city should claim adverse possession or some other legal way to claim that road and make it into a park for all to enjoy. . A wading pool for little one would be a terrific addition. . Please remember the citizens whose property borders these facilities have the same rights to privacy in their home as every other citizen in the City. And these rights should not be infringed. . What does it do besides playground and a few ice rinks? How does it support education and recreational programs in the community? How about a community swimming pool? . Overall Stillwater it better than average whit what its park system offers but compared to it potential because of its natural beauty I am a bit disappointed. . Can't imagine why consider moving basketball ct. I believe it was close due to rough kids using...so find a way to monitor that. Its been a large waste of money - installation expense and locking it up so quickly! Give teenagers a place to play! . I've had friends/clients that have come to Stillwater and comment about the lack of planting including flower gardens that would enhance our public spaces. Red wing for example is famous for their flowering baskets on main street. Our uniquely historic city has a minimum of landscape considerations in both parks and public places. t;' , ~ STILL WATER PARKS AND RECREATION BOARD JANUARY 24,2005 Present: Linda Amrein, vice chair David Brandt, W<!l1y Milbrandt, Cathy Sewilo and Sandy Snellman Others: Community Development Director Steve Russell Absent: Paul Dona and Rob McGarry Vice Chair Amrein called the meeting to order at 7 p.m. Approval of minutes: Ms. Amrein asked that the minutes of Dec. 20, 2004, be changed to reflect that Gary Kriesel was absent. She also asked that the reference t~ the Courage Center in the discussion of the Mary Rita Trail be changed to Courage St. Croix, rather than the Courage Center. Mr. Milbrandt, seconded by Ms. Snellman, moved approval of the Dec. 20, 2004, meeting as amended. New members David Brandt and Cathy Sewilo introduced themselves. Stonebridge playground request Scott Kneeskern, a representative of the Stonebridge PT A Community Playground Committee, addressed the Board asking that the Board consider some level of financial assistance. and a resolution of support for the project. Also in attendance were the Committee fund-raising co-chairs, Rich Tregilgas and Bev Bergstrom. Mr. Kneeskem pointed out that the existing play structure at Stonebridge Elementary School is nearly 30 years old, is deteriorating, and cannot adequately serve school students let alone the surrounding community. Portions of the structure have been removed due to safety concerns. The PTA Committee's goal is to raise $192,000 for new handicap-accessible playground structures that will serve both the school and the community as a whole. The Committee has reached the 60 percent mark in its fund- raising goal. Mr. Kneeskem noted that Stonebridge is located in a part of the Stillwater community that has no significant playground/park for children to walk or bike to or is handicap- accessible. He called the requested financial support "fiscally responsible" and a "strong investment," one that would "foster a strong community" through play. Ms. Amrein questioned a statement in the project brochure that the new structures would be the largest handicap-accessible structures in the county. Mr. Tregilgas and Ms. Bergstrom said they thought that statement was a reference to the minimum requirements that such equipment be 25 percent accessible. The new Stonebridge equipment will exceed minimum requirements - 33 percent of the structure will be handicap-accessible. << , . I Mr. Milbrandt noted that with the City's closing of Staples Field, this request was not totally unexpected. He asked about the status of the Community Development Block Grant the City has submitted with this project in. mind. He also asked whether a basketball court was part of the Committee's plans. Mr. Kneeskern stated there are no plans for a basketball court at this time. Ms. Snellman also referred to the lack of park/playground facilities in the Stonebridge neighborhood and spoke of considering this request in the context of the community as a whole, Mr. Russell stated he had contacted Mr. Dona and Mr. McGarry for any comments they might have regarding the meeting agenda. Mr. McGarry is an advocate for ba~ketball due to the closing of Staples Field. Mr. Dona expressed a concern about this request considering the Board's position regarding the similar request from Oak Park Elementary School parents, as well as the fact that financial support for the Stonebridge* project is not a budgeted item for 2005. Ms. . Amrein asked it the City would have a problem giving money to a school district project. Mr. Milbrandt noted this is not a school'district undertaking, this is a non-profit organization. Mr. Russell noted that the €ity has participated in other school partnerships - contributing to the Oak Park School equipment and putting some play equipment both at the Old Athletic Field and the former Washington School. There was a question about the Committee's timeframe. The goal is to have funding committed by April 15. The equipment is scheduled to be installed, by volunteers, on Aug. 20. Mr. Brandt asked what would happen if the Committee doesn't achieve its fund- raising goal. Mr. Tregilgas responded that the structure will be built, but might have to he scaled back. Ms. Amrein asked if it would create a problem if older kids used the facility should a basketball court be included in the project. Committee representatives noted that the school/playground is a community asset and is used after school for many functions and by many people. Ms. Amrein said she hopes the City will look favorably on the request. She noted that it would cost more to include basketball in the Stonebridge plans and suggested that, if possible, the City fund that extra cost plus additional financial assistance. Mr. Milbrandt spoke of the "sense of support" among Board members. He noted that while this project is not included in the 2005 budget there is money in the city's capital budget, which could be redirected. He brought the discussion to a close by suggesting that the request be brought back to the Board's February meeting for a full board discussion. In the interim, Mr. Russell will check on the status of the Community Development Block Grant and Administrator Hansen will be asked to look at possible funding sources. Brown's Creek Park and Natural Area master plan / {i'vtL-s ~ Re(,r t"v. f,'c,J'Eov. ~R --- feb z ~ Z~Y/ 5 ( Stonebrids;e playground A memo from Mr. Russell indicated the 2005 budget for capital park improvements is $70,000, with $60,000 designated for a skateboard park. ML Russell stated a decision on the City's application for a Community Development Block Grant, which included a number of line-item park improvements, including about $70,000 for the Stonebridge playground, should be made in within the next month. However, Mr. Russell indicated he is not optimistic the City will receive the full grant request. Several members of the Stonebridge parent fund-raising committee were in attendance. Mr. Milbrandt noted the Board is supportive of the request for assistance; it is a matter of finding a funding source. He said when the City hears about the grant application, the Board can made a decision. Mr. Milbrandt asked about the possibility of a phased commitment from the City. Rich Tregilgas, Stonebridge committee co-chair, noted that plans are to install the playground structures on Aug. 20 and pointed out that most vendors do business with a committee such as theirs on a cash-and-carry basis. Mr. Tregilgas suggested that perhaps the basketball component, which the Board would like to see but is not included in the initial playground plans, may be a phased-in funding pIece. Mr. Milbrandt said he would like to see what, if any, block grant money the City receives before making a decision as to how to proceed. Mr. Tregilgas asked about a timetable. Mr. Russell stated the City should know about the grant request by the March Park Board meeting; the soonest the Board's recommendation could go hefore the Council would be April. The Stonebridge request will be an agenda item for the Board's March meeting. McKusick Lake trail extension This item was on the agenda at the request of Mr. Milbrandt. He briefly updated the Board on a situation stemming from a parcel at the east end of the lake, which is needed to make the trail connection. He stated the City does have a certain amount of easement over the parcel in question. However, there are some litigation issues. He said staff has indicated it would be appropriate for the Board to consider whether to make a recommendation to proceed with the issue. Ms. Snellman moved to recommend that the City Council proceed with necessary steps to make the McKusick Lake trail connection. Mr. Dona seconded the motion; motion passed 5-0 (Mr. Brandt left at 8:30 p.m.). Lumberiack Days advisory committee update Mr. McGarry, who served as the Board's representative on the committee, gave a brief update on the committee's recommendations. He said initially there was discussion of encouraging the use of South Lowell Park for kids' and family activities; however, that was not in the final recommendations forwarded to the Council. The committee's recommendations include eliminating all activities in Lowell Park on Sunday; moving concert start times one hour ahead, so concerts conclude at 10 p.m. He suggested there still will be issues regarding policing and the beer garden. There was a general discussion of the event. Mr. Milbrandt expressed some of his concerns regarding media publicity, site plans and the beer garden area. Ms. Snellman thanked Mr. McGarry for serving on the committee. , Montlay, January 17, 2005 12;07;28 PM EST Precision Data Stonebridge PTA Community Playground (A non-profit 501-C-3 Tax-Exempt Charitable Organization) 900 North Owens Street, Stillwater MN 55082 651-351-8700/www.stonebridgeplayground.org Page 30f4 . January 17, 2005 Steve Russell Community Development Director City of Stillwater - Park and Recreation 216 4th Street N Stillwater, MN 55082 Dear Mr. Russell: I am a volunteer writing to you on behalf of the Stonebridge Elementary School PTA Community Playground Committee regarding the need to bring Washington County's oldest elementary school playground up-to-date to meet safety and accessibility standards. Significant pieces from the original 28-year old structure have been removed because of rotting; leaving three remaining play structures which are substandard and cannot adequately serve the 200-plus students using the playground during the eight daily recess breaks let along the children of the community. The Stonebridge PTA cannot ignore this need any longer and has begun a major fundraising campaign. Our goal is to raise $192,000 to create the largest free handicap-accessible playground in Washington County. (See attached fact sheet on current and proposed playground). Currently, we have raised $115,511.48 through intensive internal and business support. While we are still continuing these efforts, we need the City's support to achieve our goal. Some key points I'd like to bring to your attention include: · Of the 465 students currently at Stonebridge, 283/ive within the Stillwater city limits. · Of the 283 students within the city limits, 198 live within the Stonebridge attendance area, and 85 are within the City of Stillwater but outside the attendance area. · There. are 164 k-6 students within our attendance area that live within the City, but attend elsewhere. . I understand that our committee has already provided information to you to assist in the application for a Community Development Block Grant (CDBG), as this project will help to support lower income and handicapped individuals. We are writing to request three areas of support from you: 1. To be put on your agenda for next Monday's meeting on January 24th. 2. To receive a resolution of support from the city council for the project. 3. To identify an appropriate level of funding for this important project. We are at a critical time to make an investment that over the next 30 years will impact more than 28,000 school age children - more than 36,000 children if you include the broader community that will benefit from school, community and sporting activities. Also, as we are a non-profit organization, Mondav. Januarv 17. 200512;07:28 PM EST Precision Data Pane 3 of 4 . Monday, January 17, 2005 12:07:28 PM EST Precision Data . Page 4,of 4 your donation is tax deductible. I will call you soon to answer any questions and to confirm your support to be on the agenda for the 24th, Sincerely, Scott Kneeskern 1520 W Linden St Stillwater, MN 55082 651-351-0792 dc: Richard H. Tregilgas I Fundraising Chair - Stonebridge PTA Community Playground Committee 651-436-3642 Mondav. Januarv 17. 2005 12;07;28 PM EST Precision Data Pane 4 of4 Monday, January 17, 2005 12:07:28 PM EST Precision Data Page 2 of Existing Playground Facts .3 _onabridge has the oldest elementary school playground in Washing_on County, wi_h three remanino structures. There are exposed bolts and missing pieces on the structure_ and faux leather _amps that are not hardiaar, accessible. The playground cannot adequately serve the 200- sLjdenLs using iL during any one of the eight daily -ecess breaks. The .structure has non -challenging climbing heights of two -three feet, and there are no footholds for the dlimbiro wall. New Playground Facts e. www. stun ebri dgeplay groun d. or The new uc•ture -s desiened to: • Ac•:ommc•date the large and varied number of=hildren playing on it. !l3 largos„ fiuc ••ul.dnnr Nandi car-n•:cr.sFi]-•le comrnur_ity p13/.g_ound in Washingtun C:uurty. Zi nr.l`vr.r c1'mhirn wa11n and reatures that aaCely c_fer horizontal and -..7e__i•:al cha=lenges up :o eight feet. k °ffet foot and hand holds and th•: ability to nv,vu laterally. ■ W' Lhr.l.and nary vr.arn nf in wi L1- prev.ium conetruc=ion and nc :xpused I..,•=ts and hardware. ■ Cumnly with sate_=y guidelines iron Lht WaLioral Prop -an for Playground :safety for su_'face, des`gr., spacing, equirtien= inatallatioa and maintenance. Monday. January 17. 2005 12:07:28 PM EST Precision Data Page 2 of 4 Stillwater Parks and Recreation Board March 28, 2005 Present: Linda Amrein, chair David Brandt, Paul Donna (8 p.m.), Rob McGarry, Wally Milbrandt, Cathy Sewilo and Sandy Snellman Others: Community Development Director Steve Russell Absent: None Ms. Amrein called the meeting to order at 7 p.m. Approval of minutes: Ms. Amrein noted a correction to the spelling of Mr. Donna's name. Mr. Milbrandt, seconded by Ms. Snellman, moved approval of the Feb. 28, 2005, minutes as corrected. Stonebridge playground funding request: Mr. Russell informed the Board that the City did not receive the requested Community Development Block Grant, a portion of which was designated for the Stonebridge project. Mr. Russell also pointed out that a proposed subdivision near Stonebridge will be paying $10,000 in park dedication fees, a possible source for any City contribution. Mr. Milbrandt stated that Stillwater Township has pledged a 1:3 match of any City of Stillwater contribution, up to $15,000. Mr. Milbrandt moved to recommend that the City contribute $30,000 to the project, $15,000 in unallocated park funds and $15,000 from other park fund sources. Ms. Amrein seconded the motion. There was some discussion regarding construction of a basketball court at Stonebridge. Mr. Milbrandt noted that a basketball court is scheduled to be constructed at the Public Works Department site this year. He suggested the possibility of doing the Stonebridge court first and rescheduling the Public Works project for next year. Ms. Snellman, Mr. Brandt and Ms. Sewilo supported that suggestion. Mr. McGarry agreed that a court at Stonebridge likely would get the most use, but said he would be hesitant to take away a project from a city-owned site without good reason. Mr. Milbrandt suggested directing Parks Director Tim Thomsen to work with the Stonebridge committee to see if there would be any cost savings if the basketball court is constructed in conjunction with the playground project rather than installed at a later date. It was the Board's consensus to have staff look into possible cost savings of constructing the basketball court with the playground facility. Motion to recommend that the City contribute $30,000 to the Stonebridge playground passed 6-0. Consideration of possible canoe access next to McKusick Lake: Present for the request were Tony Mudder, owner of the property adjacent to the City- owned parcel on the east end of McKusick Lake, and Nancy Brown, former owner of the Stillwater Parks and Recreation Board April 25, 2005 Present: Linda Amrein, chair David Brandt, Rob McGarry, Wally Milbrandt and Cathy Sewilo Others: Community Development Director Steve Russell Absent: Paul Donna and Sandy Snellman Ms. Amrein called the meeting to order at 7 p.m. Approval of minutes: Mr. Milbrandt, seconded by Mr. Brandt, moved approval of the minutes of March 28,2005, as submitted. Motion passed unanimously. Naming of city-owned parks: Ms. Amrein, Mr. Brandt and Ms. Sewilo had prepared a possible policy for consideration; the city of Hugo's was used as a model. Mr. Milbrandt questioned the naming of a park after present or historical items, including people, stating he thought there should be some timeframe. Ms. Amrein stated the city of Hugo's policy stipulates that a person must be deceased for at least 50 years to be considered as a park namesake and she and the other committee members felt 50 years was an excessive amount oftime; the committee discussed 20 years as a possible timeframe. Mr. McGarry suggested 25 years as a time frame; members agreed that was reasonable. There was some discussion as to item No.4 in the proposed policy. Ms. Amrein said the intent of item No. 4 was to exempt existing parks/trails from the policy. It was agreed to remove the language <<Existing parks/trails are exempt from this policy unless their name is changed in the future" and make that a separate item, item No.6, stating "existing parks/trails are grandfathered and not subject to this policy." Mr. Milbrandt moved to approve the proposed naming policy as amended and submit the policy to the Council for approval. Mr. McGarry seconded the motion; motion passed unanimously. Basketball court at Stonebridge School: Rick Tregilgas of the Stonebridge playground parent committee was present. Mr. Russell stated that Parks Director Tim Thomsen had met with Mike Brabender of School District 834 regarding the District's plans for a basketball court at Stonebridge. Mr. Russell stated his understanding is that the District plans to install two additional hoops for older aged kids at Stonebridge. With the District's planned improvements, Stonebridge would be more of a neighborhood quality court, he said. He said there was some concern on the District's part regarding the possibility of use of the court by older groups. He said the feeling on the part of City staff is that it would be appropriate to have Stonebridge's court a neighborhood facility, rather than a destination facility. Mr. Russell stated Public Works Director Klayton Eckles felt that the higher quality/adult court should be constructed at the Public Works site; Mr. Eckles will be at the May Parks Board meeting. Mr. Tregilgas stated he did not fully understand what the City wants. Mr. Tregilgas said he had scheduled a meeting with Mr. Brabender to discuss the issue. Mr. McGarry volunteered to be the Park Board's contact person should any questions arise during Mr. Tregilgas's meeting with Mr. Brabender. Consideration of alternative park plan: Sherri Buss and Anna Nelson of Bonestroo, Rosene, Anderlik & Associates, planning consulting firm, were present with concept plans for the Munkelwitz property park. Ms. Buss briefly reviewed three different concept plans; the plans utilized different themes - creek, farmstead and wagon wheel. Ms. Buss explained the different features of the three concepts. Ms. Nelson reviewed playground equipment and play features for the three concepts. Ms. Amrein opened the meeting to public comment. Marty Guinee asked about the budget for improvements. Mr. Milbrandt noted that these are concept plans and nothing has been specifically budgeted for improvements. Ms. Buss noted that the "big ticket items" are buildings - shelter, restroom, wanning house, etc. Pat O'Neal, VanTassel Drive, talked of the existing parking problems during ski meets, noting that more people will make parking a bigger issue. He also spoke of the existing drainage problems in the area and asked about plans to deal with that issue. Ms. Buss noted that the City will have to deal with the drainage problems in conjunction with road improvements. She stated trails in the park could be constructed without the drainage improvements. Mr. O'Neal also inquired as to whether the restrooms would be on site year around and how they would be maintained. Joanna Eckles, Creekside Court, said she liked the warming house and skating rink, suggesting they be on the north side of the site to free up more open space. She also spoke in favor of keeping the area as natural and informal as possible. She also suggested that an existing grove of pine trees in the Creek concept be retained to serve as a natural play area. Rob McKim, Eagle Ridge Crest, also called for softening the design and using more natural elements for the play equipment, as well as natural, native plantings for landscaping. He also expressed a concern about traffic on Neal Avenue and a potential safety hazard for kids. Tom Nyman, Van Tassel Drive, asked about the capacity of the park. Ms. Buss stated it would be hard to predict and there were no firm numbers in mind. Craig Podratz, Neal Avenue, spoke in favor of the Creek plan concept. He also said he had concerns about drainage. He asked about a "rumor" regarding the splitting of several parcels of property around the Munkelwitz homestead; he suggested that it might be more financially advantageous to the City to sell the property as one parcel. Mr. Russell asked those in attendance if it would be important to provide a youth soccer field at the park. The consensus was that there should be no formal field. Marty Guinee , ' MEMORANDUM o TO: Park Board and Steve Russell, Community Development Director FROM: Klayton Eckles, Director of Public Works DATE: April 21, 2005 SUBJECT: Proposed Improvements to the Stonebridge Elementary Basketball Court DISCUSSION City staff has been in contact with representatives of the School District regarding the expansion of the basketball facilities at Stonebridge Elementary . We discussed the possibility of expanding the existing basketball facility to a full size adult basketball facility. Representatives of the School District raised some concern about mixing of adult basketball on and elementary school site. In hearing this concern and our experience at Staples Field, staff concurs there could be some compatibility issues. In our discussions we also learned that the ScllOOl District is intending to improve the existing basketball facilities on the site. The School District does not intend to make the facilities a full size court. Rather, the school district would resurface the blacktop, restrip the area, move the existing standards and provide for better youth basketball opportunities (ie. seven or eight foot high baskets). Given that the School District is already planning to make some significant improvements, we asked the School District representatives if as part of their improvements, they would also be able to offer additional basketball standards set at an adult height. It appears that this is something that could be achievable within the scope of the overall playground improvement project. If so, the result would be a reasonable basketball court and hard surface area. It would provide basketball opportunities for a multiple range of age groups. Such an arrangement would not cater to the adult regional basketball community. Instead it would be serving more the immediate neighborhood. Based on our discussions, city staff felt that the School District's efforts in the proposed playground enhancements would probably result in a basketball facility that met the City's needs. This approach would also avoid the need to expend between$20-40,OOO on construction of a first class full court basketball facility at this site. RF,rOMMF.Nn A TTON Staff recommends that the Park board endorse the proposal as described above. If the Park Board does so, city staff will continue to work the School Board to ensure improvements that do take place at the school complement city recreation opportunities. The Park Board may also wish to give staff direction to continue to pursue basketball facilities at the Public Works playground area. / It rk's 4- P'e G r r d-/Oi0 /vtlr, Z 5/ GD 0 S- cc,~x . Ms. Buss asked what the Board/City desired as a next step. Mr. Russell suggested that a possible concept plan could be brought back, perhaps as part of the Brown's Creek master trail plan. Park benches in Pioneer Park: Warren Pladsen and his daughter, Karen, were present. Mr. Pladsen had requested placing a memorial bench in Pioneer Park to honor his late wife. Mr. Pladsen said in his original correspondence with the City he h ad proposed four possible sites. He had since revised his plan to include one preferred site and one alternate site. He stated he and his wife had spent many enjoyable times in Pioneer Park and purchasing the bench would mean a great deal to himself and his family. Mr. Thomsen stated there is only one potential bench site remaining in Pioneer Park and that is reserved for Friends of Stillwater Parks. He stated the City has received so many requests that 30 such requests have been denied in the last couple of years. He pointed out that many large events take place in Pioneer Park restricting the amount of space for benches. Mr. Thomsen noted there are other areas that have been identified for possible bench locations and also noted that there currently are five benches under the pergola in Pioneer Park that could be replaced with memorial benches, but acknowledged that was probably not the most desirable location for a memorial bench. The Park Board thanked Mr. Pladsen for his interest. Kolliner Park maintenance agreement: This item was discussed briefly at the April meeting when Jim Gannon was. in attendance; Mr. Gannon was not present at the' May meeting. Mr. Milbrandt asked if the City had recei ved any feedback regarding the current maintenance agreement with Mr. Gannon's group, formerly called Valley Cruisers car club. Mr. Thomsen said the group did the cleanup and the City received no complaints. It was the consensus to continue the agreement with Mr. Gannon's group. If there is any further discussion about the Stillwater Legion joining in the effort, the issue is to be brought back to the Board. StonebridgelPublic Works basketball courts: Mr. Thomsen and Mr. Eckles said in discussions with School District 834 it has been detennined that because adults are not allowed on school grounds during school hours, it would not be wise to construct a large basketball court at Stonebridge SchooL Plans for the Stonebridge basketball court include the placement of two adult standards, and two lower standards for younger kids. Mr. Eckles noted that the City's contribution of $30,000 toward the Stonebridge playground project should be considered contribution enough for the District to provide two additional standards. Therefore, there is still money in this year's budget to proceed with the basketball court at the Public Works parks site, Mr. Eckles said. It was noted that the new court may not be a full-size court, however. Additional information will be brought to the Board as plans proceed. National Guard training center update: Included in the agenda packet was a report from Ankeny Kell which found that the Recreation Center site could accommodate a National Guard training center/community center. Mr. Russell pointed out the updated study doesn't mean the project is going to proceed, as the Guard has no funding at this time. The earliest possible date that funding might be available is 2012, he said. Mr. Milbrandt .. p CITY COUNCil MEETING February 17, 2009 REGULAR MEETING 7:00 P.M Mayor Harycki called the meeting to order at 7 p.m. Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Assistant Engineer Kraftson Public Works Director Sanders City Clerk Ward PLEDGE OF AllEGIANCE Fire fighters and police officers in attendance led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Roush, seconded by Councilmember Polehna to approve th February 3, 2009, regular and recessed minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Certificate of Appreciation - Retirement - Ron Johnson Mayor Harycki read a Certificate of Appreciation for Ron Johnson recognizing hi years of service to the City of Stillwater. Motion by Councilmember Gag, seconded by Councilmember Roush to adopt Resoluti n 2009-36, Certificate of Appreciation to Ronald N. Johnson. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Fire Chief Glaser presented the certificate and plaque to Captain Johnson. ,. City Council Meeting February 17,2009 .. OPEN FORUM No public comments. STAFF REPORTS Police Chief Gannaway told the Council that office hours have been altered due to budget cuts. New office hours will be 7 a.m. to 4:30 p.m., rather than 7 a.m. to 6 p.m. Chief Gannaway noted that the office will not always be open due to staffing; he requested residents who need some type of administrative assistance from his office, they should call ahead to make sure the office will be open. Mayor Harycki asked if the police department was ready to resume truck inspections in the spring. Chief Gannaway said two officers will likely be attending commercial vehicle inspection school, a free, two-week school, which will enable the local department to do its own inspections without having to bring in the Highway Patrol. Mayor Harycki asked City Administrator Hansen to find out if there is anything in the federal Stimulus Bill that might apply to the City. Mr. Hansen that there are two items which might be applicable, including some energy assistance which might have bearing on the 9ity's plans to insulate the dome at the Recreation Center, as well as funding for water infrastructure which he sent to Mr. Benson at the Water Department. Mr. Hansen s~id cities had been asked to list projects which might be ready to go, and that he did submit the City's flood control project as one of those projects. Councilmember Polehna said he had seen some information regarding parks and recreation funding, which he passed along to Public Works Director Sanders. Mr. Sanders stated he has been in contact with the Municipal State Aid Office and has submitted a list of about six or seven state aid streets for possible mill and overlay projects, about $3 million in projects. CONSENT AGENDA (Roll Call) Mayor Harycki asked that Item 6 be pulled for discussion. Motion by Councilmember Polehna, seconded by Councilmember Cook to approve the Consent Agenda, Items 1-5. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None 1. Resolution 2009-30, directing payment of bills 2. Resolution 2009-31, resolution approving of CLG Grant application for Landmark Homes program 3. Resolution 2009-32, reapportioning special assessments for subdivision of Parcel No. 21.030.20.24.0016 (1802 4th Street N) pursl:lant to subdivision of land Page 2 of 11 City Council Meeting February 17, 200 4. Resolution 2009-33, resolution relating to financing of certain proposed projects to be undertaken by the City of Stillwater; establishing complianc reimbursement bond regulations under the Internal Revenue Code 5. Resolution 2009-34, approving the 2009 Service Agreement for water mo itoring with the Washington Conservation District 6. Resolution 2009-35, approval of Washington County Communications Sy tern Subscriber Agreement (800 MHz radio system) Regarding item No.6, City Administrator Hansen said when this item was tabled last Council meeting, he had contacted County Administrator Schug and the sta member in charge of the 800 MHz system and found out that all users of the syst m will be charged the same, whether the user is a county entity or city entity or other. r. Hansen stated the fee is $93 per radio, per year, which will go to the Metro Emer ency Services Board, with $306 per radio, per year going to Washington County for maintenance of the system. Mr. Hansen stated his only issue is with the radios for volunteer fire fighters, who might use the system only once or twice a year and t at the issue is still open for discussion and he is serving on a special committee that wil be looking at those charges in the future. Mayor Harycki questioned signing the agr ement if that is still an open issue. It was noted that the new system is to be turned on i several weeks and if the City does not sign the agreement, it will be on its own. Councilmember Polehna asked whether each firefighter is issued a radio or whet er the City has a bank of radios. Fire Chief Glaser responded that the City has a bank 0 radios and does not issue a radio to each person; the proposal is to replace the urrent bank of radios for the 800 system. City Attorney Magnuson pointed out the agreement does provide an opportunity or re- negotiation prior to annual renewal of the agreement. Mayor Harycki suggested igning the agreement with an addendum that the agreement is being signed with the understanding that the City will be given a credit for unused radios, and he sugg sted not make payments until the issue is resolved. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2009-35, approving communications system subscriber agreement, with the addendum as suggested by the Mayor and request a formal meeting with County officials and the Ma or and City Administrator. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Councilmember Roush asked about Item No.5, the service agreement for water monitoring for Lily Lake. Public Works Director Sanders explained it is a program that utilizes volunteers for the water sampling but not many residents have volunteer d in the past so the City has paid for the program. Mr. Sanders stated that the Middle St. Croix WMO pays for the monitoring of McKusick and Brick Pond. Mr. Sanders s id he Page 3 of 11 City Council Meeting February 17, 2009 could put something on the City website to see if more people will volunteer to do the sampling. PUBLIC HEARINGS No public hearings. UNFINISHED BUSINESS Libertv Stop Sions Motion by Mayor Harycki, seconded by Councilmember Gag to change the agenda, moving this item to item 4A on the revised agenda. All in favor. Discussion on Downtown Parkino Permit prooram as it relates to residents Councilmember Gag said the Downtown Parking Commission had held a special meeting on February 5,2009, and discussed this issue. He said there was a lengthy discussion, with many scenarios put forth. Councilmember Gag stated there are 1,626 public spaces downtown of which 216 or 13.3% are pay spaces, leaving 72.9%t of the spaces totally free to residents at all times. On weekends and after 6 p.m., Mr. Gag stated that 86.7% of the spaces are free to residents. He said there was discussion of the importance of the 3-hour limit to keep traffic moving, as well as discussion about the importance of revenue for the downtown, such as providing for the paving of the lots and perhaps installation of security cameras. He said the Commission wanted to emphasize to the Council that this is a critical time due to the parking ramp and the levee project and it will be looking at a different operational plan, including charges in the parking ramp, hours, access, etc. Councilmember Gag stated the Parking Commission felt at this time, there should not be any changes and that any changes should be in the operational plan moving forward. No action was taken. NEW BUSINESS Possible approval of recommendations for General Oblioation Capital Outlav Bonds. Series 2009B. Series 2009C & Series 2009D - Brenda Krueoer - Sprinosted Brenda Krueger, Springsted, Inc. reviewed the pricing for the' refunding of three city bonds. She stated the pricing of all three refundings with Northland Securities amounts to a total present value to the City of $467,916, or an annual average savings in debt service of $56,577. She noted that as part of the pricing, they were also able to reduce the outstanding principal by $150,000. Mayor Harycki asked if the refunding extended the terms of any of the bonds; Ms. Krueger responded in the negative. At the request of Councilmember Cook, Ms. Krueger briefly explained the benefit of the refunding to City residents. Page 4 of 11 City Council Meeting February 17,200 Motion by Councilmember Gag, seconded by Councilmember Cook to adopt Resolutio 2009-38, resolution providing for the issuance and sale of $1 ,005,060 General Obligation Capital Outlay Bonds Refunding Bonds Series 2009B and levying a tax for the payment thereof Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Motion by Councilmember Gag, seconded by Councilmember Cook. to adopt Resolutio 2009-39, resolution providing for the issuance and sale of $1,420,000 General Obligation Sports Facility Revenue Refunding Bonds Series 2009C and levying a tax for the paym nt thereof. Ayes: Councilmembers Cook, Gag. Polehna, Roush and Mayor Harycki Nays: None Motion by Councilmember Gag, seconded by Councilmember Cook to adopt Resolutio 2009-40, resolution providing for the issuance and sale of $4,095,000 General Obligation Capital Outlay Bonds Refunding Bonds Series 2009D and levying a tax for the payment thereof. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible a roval of feasibilit re ort and callin for hearin on 2009 Street 1m roveme ts Assistant Engineer Kraftson reviewed the feasibility report for the 2009 street improvement project, which was included in the agenda packet. He noted the str ets proposed to be included in this year's project range in age from 25-40 years and II are exhibiting different signs of pavement failure. The presentation reviewed the components of the project as well as storm sewer and drainage improvement, in luding rain gardens, and sanitary sewer and water services replacements. The present tion highlighted proposed financing and assessment rates. He noted the proposal inc udes four different assessment rates based on the different types of construction mill and overlay only, pavement reclamation, residential with existing curb and gutter and residential with new curb and gutter. The total street project cost amounts to $1,607,850, which, he noted, is just several thousand under estimated budget, w th $718,744 to be assessed to property owners and a City share of $857,106; he n ted the Myrtle Street ravine project, which is proposed to be bid in conjunction with the s reet project, is estimated at $300,000, a cost that will be paid for by the City. Mr. Kraftson reviewed issues raised at a neighborhood meeting held January 13, 2009. He said there was an issue raised about the width of Owens Street, between Oli e and Pine, which staff is recommending be reduced to a 28-foot width from the existin 44- feet width. Councilmember Gag suggested going to a 32' width as a compromise and volunteered to host a town meeting to explain the proposal and obtain resident i put; Page 5 of 11 City Council Meeting February 17, 2009 Mr. Kraftson said an additional neighborhood meeting is planned before the official public hearing. Mr. Kraftson said there was one other issue raised regarding parking and traffic on Ramsey between Greeley and Olive; two residents on the south side of the street would like no-parking on the south side of the street, due to the existing commercial parking in the area; he stated residents also wou.ld like the street made a one-way, east-bound street due to its use by cut-through traffic. Mr. Kraftson noted that generally, one-way streets are discouraged due to traffic circulation, but suggested the .street could be posted for no left turn to eliminate cut-through traffic. Mr. Kraftson said he felt no-parking on the south side of the street makes sense if those residents are requesting that; however based on the study the County did just several years ago, it doesn't appear that a one-way is justified at this time, but that could be considered sometime in the future if the Council so desires. Mr. Kraftson also reviewed the preliminary project schedule, again noting that another neighborhood meeting will be scheduled before the public hearing in March. Councilmember Polehna suggested encouraging residents in the project area to do their own rain gardens; Mr. Kraftson said they are trying to partner with the watersheds to do just that. Motion by Councilmember Gag, seconded by Councilmember Cook to adopt Resolution 2009-41, resolution receiving report and calling for hearing on 200g.Street Improvement Project (Project 2009-02). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible first readinQ of an ordinance amendinQ Section 38-3. Noise Control and ReQulations of the Stillwater City Code City Attorney Magnuson said the intent of the ordinance is to provide some formality to the procedure for granting exceptions from the City's noise regulations. He said this would apply the same standards regarding notice that are in place for zoning cases - 10 days published notice and 10-days mailed notice to property within 300 feet of the parcel under consideration. Councilmember Roush asked about the responsibility for the cost of public notice. Clerk Ward stated there is a fee for zoning cases, but no fee for noise variance requests. City Attorney Magnuson suggested perhaps a similar fee should be added to the noise ordinance to cover the cost of mailing/publication, which could be done for the second reading. Councilmember Polehna suggested it seemed excessive to require public hearings for folks who want to have an outdoor party in their yards. Mayor Harycki noted the library is located in a Public Administration zone and perhaps the ordinance could be crafted to only apply to the PA district and exempt the residential district. After discussion, it was consensus to table this matter pending a new draft. Page 6 of 11 City Council Meeting February 17, 200 Presentation on traffic seminar - Chief Gannawav & Public Works director Sanders Police Chief Gannaway and Public Works Director Sanders reported on a traffic seminar, "Solving Neighborhood Traffic Problems," they attended in Madison, WI. The presentation reviewed the description of the different types of neighborhoods - p e WWII, post WWII and neo-traditional- and the four residential traffic tools - traffi control, education, traffic management and traffic calming. The presentation high ighted the effectiveness of the various measures and the sample co.st estimates. The presentation listed possible next steps, including formation of a traffic safety com ittee and development of a traffic calming policy. Mayor Harycki and Councilmembers Gag and Cook spoke in favor of forming a committee. Mayor Harycki suggested having Chief Gannaway and Public Works Director Sanders come back with a recommendation about possible committee membership. Councilmember Gag also suggested contacting other cities to see i they have stated goals and objectives. It was agreed to have Chief Gannaway and M . Sanders report back at the March 17, 2009 meeting Libertv Stop Siems Public Works Director Sanders reviewed the request for installation of new stop igns at five intersections in the Liberty neighborhood. Mr. Sanders noted three intersecti ns, Newman Trail and Reunion Road, Liberty Parkway and Country Road, Rutherfor Road and Tall Pine Trail, were studied to determine if they met the criteria for multi-wa stop signs as established by the Minnesota Manual of Uniform Traffic Control Devise and the study indicated that the additional stop signs were not justified and were not approved by the Council. Mr. Sanders briefly addressed the request for the othe two intersections, Homeward Way and Heritage Avenue and Heritage Avenue and C untry Road. Councilmember Polehna asked about the possible installation of additional cros walks, saying that was a concern he heard in a Liberty neighborhood meeting. Council ember Polehna also asked that the issue of crossings of trails be looked at. Councilme ber Cook said she had visited the neighborhood and the most persuasive piece for h r was the requested stop signs appear to be driven by a concern for the safety of child en; but that she would be against the offer of the Homeowners Association to pay for th signage, saying it sets a bad precedent. Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Res lution 2009-37, approving traffic control changes, as presented on the Liberty stop sign map nd proposal, with the directive to also study and add crosswalks in the coming months. Councilmember Gag said he had researched the reasons for the 2003 report wh ch established criteria to make informed decisions for the entire City, drove the pro osed streets, discussed the stops signs with a University of Minnesota transportation tudy Page 7 of 11 City Council Meeting February 17, 2009 officer to get his take on the neighborhood, and evaluated his own neighborhood and all the cut-through traffic that neighborhood experiences. Councilmember Gag suggested that there are other measures the Homeowners Association can take to address problems in the neighborhood. He stated that there were several stop signs he could support due to blind spots but that he could not support all of the signs included. Councilmember Gag spoke for taking a look at the entire City, and said he did support Councilmember Cook's position regarding not accepting payment for the signs from the Homeowners Association. Councilmember Roush clarified that his motion does not include the Homeowners Association paying for the stop signs. Ayes: Councilmembers Cook, Polehna, Roush and Mayor Harycki Nays: Councilmember Gag Possible first reading of an ordinance amendinQ Section 51-5. Snow EmerQencies of the Stillwater City Code City Attorney Magnuson explained there has been a complaint by visitors to the Good Samaritan care center on Owens Street that there isn't adequate parking due to the City's odd-even parking ordinance, especially after the roadshave been cleared when there appears to be adequate open parking, but it is prohibited. He said it is recommended that this section of Owens Street be added to the list of areas exempt from the odd-even ordinance. Motion by Councilmember Polehna, seconded by Councilmember Roush to approve the first reading of an ordinance amending Section 51-5, snow emergencies of the Stillwater City Code. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval to hire temporary seasonal ParkinQ Attendants and CSO - Police Department Chief Gannaway reviewed the request to hire one Community Service Officer (CSO), one parking enforcement officer and 4-6 parking attendants for the upcoming summer season. He stated that normally, the request is to hire two CSOs, but one position was cut in the budget process. He said one position is paid for by the Police Department, with the parking enforcement officer paid through the Downtown Parking Commission. He noted that CSOs handle many of the duties that regular officers handle during the winter months, freeing up officers to handled the increased call load in the summer. Mayor Harycki asked if the CSOs would be working with the new program that monitors the condition of homes in foreclosure; Chief Gannaway responded in the affirmative. He also spoke of the necessity of the parking attendants, also paid for through the Parking Commission's enterprise fund. Page 8 of 11 , ~ City Council Meeting February 17, 200 Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the h ring of the temporary, seasonal parking attendants and CSO as requested: All in favor. Possible approval to hire temporary seasonal for Public Works Public Works Director Sanders reviewed the request to hire three seasonal empl yees. In the past, his department has typically hired eight seasonal employees. Prima functions of the seasonal employees, he said would be working in the parks and othole patching; he noted the City has the ability to schedule seasonal workers to work n weekends for events in Teddy Bear Park and Washington Square resulting in a s vings from having to pay overtime to full-time employees. On a question by Mayor Ha cki, Mr. Sanders said reducing the number of seasonal employees may result in som changes to the weekly or bi-weekly schedule of maintenance. Councilmember Rush asked if the satellite facilities would be available as in the past; Mr. Sanders stated that service has not been cut at this point. Motion by Councilmember Polehna, seconded by Councilmember Cook to approve the iring of three seasonal employees as requested. All in favor. Possible approval to hire/replace police officer Police Chief Gannaway reviewed a request to hire a replacement for a full-time 0 Icer who will be retiring March 1. He noted with the retirement, the complement of sw rn officers will be 19 officers, down from 23 authorized officers. He said the current umber of officers will affect staff levels especially in the coming summer months. He not d part-time licensed officers are not available to the City due to POST Board regul tions; he also noted there will be a cost savings in hiring a full-time officer at entry-level pay to replace the retiring officer who is at the top of the pay scale. Mayor Harycki sugg sted there might be licensed officers willing to work on a part-time basis; he also note there is a possibility that one of the officers currently on medical leave may return as e rly as May. Motion by Councilmember Gag, seconded by Councilmember Cook to table this reques until the next Council meeting. All in favor. Community Development Department - Annual Report Community Development Director Turnblad presented the building inspection div'sion and planning department's annual report. He noted the economy has affected th building inspection division in two ways: as expected, the number of new home s arts has declined rather precipitously, but the number of building permits has actually increased in the residential sector due to remodeling projects. The report noted t at the number of inspections per person is the highest than at any time in the building inspection division, but revenue generated is dropping. The report also highlight d the 2008 accomplishments for the building inspection division and the planning divisi n. Page 9 of 11 , City Council Meeting February 17, 2009 . The report reviewed the number of cases before the Planning and Heritage Preservation Commission, and the types of cases. Mr. Turnblad briefly spoke to the increase in the number of demolition requests. Councilmember Cook spoke to the issue of demolition by neglect and asked whether there is any mechanism to deal with that issue. Mr. Turnblad noted the City does not have a housing maintenance code to deal with that issue. Mayor Harycki stated his concern regarding instances where demolition has knowingly occurred without permit and suggested the requirement of a performance bond might be of value; Councilmember Cook said she could bring up the issue with the Heritage Preservation Commission, as well as the issue of demolition by neglect. There was discussion of a housing code, the cost associated with enforcing such a code such as building inspection staff time. COUNCIL REQUEST ITEMS Mayor Harycki asked about the status of the solicitation of interest for lobbying services. City Administrator Hansen stated he expected to have more information for the next meeting. Mayor Harycki asked about the status of the bicycle race. Clerk Ward said she had sent a draft copy of the agreement to the Mayor and Councilmember Gag bye-mail. Mayor Harycki also asked that options regarding the four-plex on Wilkins Street be brought back to the Council. Mayor Harycki also asked for a closed meeting regarding options for a legal matter with a police officer; City Administrator Hansen suggested holding such a session prior to a 7:00 p.m. meeting. Councilmember Cook provided some photos of downtown Stillwater showing trash, cigarettes etc. She said she would like something done immediately to clean up the downtown. City Administrator Hansen suggested it likely will have to be a joint effort of property owners and the City and said the issue would be discussed at a staff meeting. The possibility of using a Sentence to Serve or Youth Service Bureau crew on a regular basis was suggested. Councilmember Roush asked that discussion of the light and sign fee be added to the next agenda. He also asked that the Park Board look at options/feasibility of adding trailhead signs. He also asked if there was any information about the domelturf cleaning issue that had come to the Council's attention recently. Councilmember Polehna said he had talked with Recreation Center Manager Doug Brady and thought the issue had been satisfactorily resolved. . Councilmember Polehna asked if the outdoor ice rinks had been closed and, if so, suggested the lights should be shut off; Public Works Director Sanders said the rinks may be re-f1ooded depending on the weather. Page 10 of 11 City Council Meeting February 17,200 STAFF REPORTS (continued) Community Development Director Turnblad gave an update on the parking ramp project, noting that pile driving has started, and a process that should be complet d within the next week. He said during the pile driving, they encountered better soil conditions than expected, which should result in some cost savings. ADJOURNMENT Motion by Councilmember Gag, seconded by Councilmember Cook to adjourn at 10:20 .m. All in favor. ' Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2009-30, directing payment of bills Resolution 2009-31, resolution approving of CLG Grant application for Landmar Homes program Resolution 2009-32, reapportioning special assessments for subdivision of Parc I No. 21.030.20.24.0016 (1802 4th Street N) pursuant to subdivision of land Resolution 2009-33, resolution relating to financing of certain proposed projects to be undertaken by the City of Stillwater; establishing compliance with reimbursement bond regulations under the Internal Revenue Code Resolution 2009-34, approving the 2009 Service Agreement for water monitorin with the Washington Conservation District Resolution 2009-35, approval of Washington County Communications System Subscriber Agreement (800 MHz radio system) Resolution 2009-36, Certificate of Appreciation to Ronald N. Johnson Resolution 2009-37, approving traffic control changes Resolution 2009-38, resolution providing for the issuance and sale of $1,005,00 General Obligation Capital Outlay Bonds Refunding Bonds Series 2009B and Ie ying a tax for the payment thereof Resolution 2009-39, resolution providing for the issuance and sale of $1,420,00 General Obligation Sports Facility Revenue Refunding Bonds Series 2009C and levying a tax for the payment thereof Resolution 2009-40, resolution providing for the issuance and sale of $4,095,00 General Obligation Capital Outlay Bonds Refunding Bonds Series 2009D and Ie yin9 a tax for the payment thereof. Resolution 2009-41, resolution receiving report and calling for hearing on 2009 treet Improvement Project (Project 2009-02) Page 11 of 11 City o~ g tiQQwate/l. uUlnnegota cP /locQamatlon WHEREAS, the Washington County Historical Society is celebrating its 75th anniversary this year; and WHEREAS, in 1934 people from around the county met at the Stillwater Public Library and formed this organization to "collect, preserve and disseminate" the history of Washington County and the State of Minnesota; and WHEREAS, over the course of 75 years the historical society has purchased buildings, a cemetery and published books about the counties heritage; and WHEREAS, the collections of the WCHS are extensive with newspaper collections from the Stillwater Gazette and the South Washington County Bulletin, including lumber company records, store records, hotel registers, rural school records and much more; and NOW, THEREFORE, I, KEN HARYCKI, as Mayor of the City of Stillwater, Minnesota do hereby proclaim March 26, 2009 to be WASHINGTON COUNTY HISTORICAL SOCIETY DAY in Stillwater, Minnesota, and urge my fellow citizens to observe this day. 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'!I'..':.. - lit: '<}:-~:.:. - .~ (J) ...'; .~/ .S!:. . .5. 1'" OJ - (1) , .., . -ni, ~:::~. ..i :~.....{'.. ..:..1........';;.......,..:......;". "'~-il/~"i~.. .-,. ... :;, .... 1,.- ::I. . il.. ... ~ 'J'if'.:;. .... . .A.... '... ..... ...... .................. . ..,..... . V~ __'''' __ i"''''.:;;; - . '.. i..:.......::..ih '.. .. ,'-\~\. .;-; ,.:........(1. A.'~ ,. .,,:.,.,.. c .....t....g... . \(1) l}f- a at I .., ... LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2009-42 1ST LinelLeewes Ventures LLC Abbott Paint Advanced Sportswear Air Down There AI's Coffee Company Ancom Technical Center Aramark Uniform Services Board of Water Commissioner Bonestroo Bornt Rich Business Radio Licensing C & T Hockey Inc. Carquest Auto Parts Cartridge World CATCO Parts and Service CDW Government, Inc. City View Electric, Inc. Clark Luann Coca-Cola Bottling Company Comcast Computer Services of Florida Cub Foods Denny Hecker Auto Connection Ecolab Fire Apparatus Emergency Equip Force America Fury Dodge Chrysler General Safety Equipment General Security Service Cor Hartland Fuel Products, LLC Iceman Industries, Inc. J.H. Larson Electric Johnson, Jeff Lawton Printing, Inc. League of Minnesota Cities Magnuson Law Firm David Magnuson dba Menards M N Chief of Police Association MN Dept of Labor & Industry MN Park Supervisors Assoc. Moodys Investors Service Mulcahy Company, Inc. Northland Home Exteriors, Inc. Office Max Concession Supplies Paint for Picnic Tables Jersey for Adult Leagues Scuba Equipment Concession Supplies Repair Minitor IV Mats, Mops & Uniforms pymt of SI A Certified to 2008 Prop Taxes Boutwell Road Phase III Network Cat 5 e Cable FCC Licensing Pucks Auto Maintenance Supplies Toner Equipment Repair Supplies Cable for 800 MHZ Radios Annual Alarm Monitoring Cleaning at City Hall Concession Supplies Cable Service Agreement Concession Supplies Vehicle Repair Charges Laundry Soap Subscription Equipment Repair Supplies Vehicle Repair Charges Chainwheel Assembly for On-Spot System Alarm Monitoring Services UL Fuel Additive for Road Salt Lamps Reimburse Mileage MPCA Meetings Write on Tabs for Code Books 2009 Newly Elected Conference Metro Prosecution Hardware Permits to Acquire Energy Code Seminar May 27,2009 2009 General Membership Issuance Fee GO CABonds 2009 A Pump for Showers Reimburse 80% Permit 2009-935 Office Supplies 1096.81 59.34 1063.50 11190.00 2300.75 13.50 872.75 123.53 700.00 90.74 110.00 1053.00 33.43 77.73 134.45 73.93 306.72 1057.50 2038.70 39.00 501.00 81.33 180.86 468.04 12.00 320.49 26.47 467.42 71.22 2555.09 1757.25 3121.71 99.00 33.50 285.00 8314.33 127.54 29.82 100.00 35.00 3850.00 271.74 89.00 401.41 EXHIBIT" A" TO RESOLUTION #2009-42 OnSite Sanitation Paramount Sk8s, Inc. Peltier Robert Professional Wireless Communications Proguard Sports, Inc. R.W. Kirchner Riedell Shoes, Inc. River Valley Printing Inc. St. Joseph Equipment Stewart, Aaron Stillwater Medical Group Stillwater Towing Streicher Sun Newspapers Tousley Ford Tri State Bobcat, Inc. Tri Tech Dispensing Uniforms Unlimited, Inc United Refrigeration, Inc. UPS USA Mobility Wireless, Inc. USAble life Viking Auto Sprinkler Co. Washington County Assessment Washington County Dept of Public Watson Company, Inc. The LIBRARY Baker & Taylor Baker & Taylor, Inc. Comcast G & K Services M N Office Of Office Depot Office Max Overhead Door Company Random House, Inc. Scholastic library Publishing Stringer Business Systems Northland Park Unit Rental Custom Skates Toilet Seat Guardian Monthly Rental Pro Shop Supplies Appraisal Report SW Flood Control proj Skates for Resale Envelopes Tensioner Fire Apparatus Operator Drug Screening Towing Uniform Advertisement Vehicle Repair Speed Sensor and Tires Evidence Collection Kits Uniforms Equipment Repair Reznor Pilot Freight to Return to USA Mobility Pager service January Term life Insurance Fire Sprinkler Inspection Name,Address,Legal,Stillwater C Hazardous Waste Generator Concession Supplies Books Books Telecommunications Rugs & Towels Telephone Labels & Paper Supplies Building Repair Audio Children's Books Maintenance Agreement Page 2 112.88 359.00 19.97 212.89 307.97 5000.00 2464.96 97.98 140.53 418.23 97.00 207.68 100.98 44.55 36.93 1161.55 97.50 147.15 172.38 11.26 305.23 425.52 920.00 90.00 60.00 174.77 102.39 1897.48 49.90 196.40 294.21 198.40 10.91 297.39 36.00 247.00 38.09 Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 2/24/2009 Re: Tract Index Website Access ~i!~ClJ~r~ Administration 'J The attached agreement with Washington County is for access to Washington County records and recorded information (such as doing research - City easements, deeds). At the present time, we can either go to the court house and research information or request documents by fax on demand. This service will allow us to do the research online and get documents by email.This service will save staff time in researching records at Washington County. This service is free to local government entities for their use only. It is recommended that Council authorize the execution of the agreement for the service at no cost to the City Diane Ward Subject: Attachments: FW: Tract Index Website Access -IMPORTANT Service Change Notice - Eft. March 1, 2009 I nternetContract0301 09. pdt; Authorization Form0309. pdt Washington ,r--",C ty ~ oun Property Records; Taxpayer Services Kevin Corbid Director February 23, 2009 Dear tract index web site customer: In an effort to improve tract index web access, Property Records is excited to announce e-mail delivery service of document requests via tract index web access. Beginning March 1, 2009, recorded documents ordered via online access will be sent to the user bye-mail, improving system stability and allowing customers to save or e-mail document images. In addition to this enhanced delivery, images from January 1, 1984 to the present will now be available on the remote access website. In order to facilitate this change, the fax on demand service and existing Washington County on-line service agreements will be cancelled effective February 28, 2009. To maintain uninterrupted service, please execute and return the attached On-line Software Access Agreement and user setup to: Kathy Cunnien Washington County Property Records 14949 62nd Street N Stillwater, MN 55082 Effective March 1, 2009, the fees for the tract index web access and e-mail delivery service are $50/month, $2/document request and $5/certificate oftitle; however, as a local government entity. we will continue to offer this service to you at no charge. Please let me know if you have any questions or concerns. We appreciate the opportunity to partner with you to provide great service for the citizens of Washington County. NOTE: All existine contracts and services are cancelled as of February 28. 2009. In order to maintain uninterrupted online tract index access. please execute and return the attached documentation. Jennifer Wagenius Division Manager Property Records Washington County 651.430.6757 Jen nife r. Wageni us@co.washington.mn.us 1 WASHINGTON COUNTY ON-LINE SOFTWARE ACCESS AGREEMENT This Agreement is entered into by and between the County of Washington, through its RecorderlRegistrar's Office, 14949 62nd Street North, Stillwater, Minnesota 55082, a body corporate and politic existing under the laws ofthe State of Minnesota, hereinafter referred to as "County," and (insert full legal name and mailing address) hereinafter referred to as the "User." WIT N E SSE T H: WHEREAS, the County Recorder has created data bases and electronic data compilations relating to certain real property records maintained by the County as a political subdivision of the State of Minnesota; and WHEREAS, the County may charge a reasonable fee for providing enhanced access to data otherwise accessible; and WHEREAS, "remote access" to the above mentioned data base, electronic data compilations, and fax on demand images copies are not available to the public at the present time because of the County's technological limitations and the related prohibitive technological development costs; and WHEREAS, the User wishes to have "remote access" to the above-mentioned data bases and electronic data compilations made available to the User pursuant to the terms and conditions set forth in this Agreement below. NOW, THEREFORE, in consideration of the mutual covenants and promises between the parties set forth herein, it is hereby agreed that: I. COUNTY DATA BASE ACCESS A. License The County grants the User a nonexclusive, nontransferable, limited license to access certain real property databases and electronic data compilations through enhanced remote access during the term of this Agreement. B Limitation of License The enhanced remote access provided by the license herein is not made available to the general public because of the County's technological limitations and the related prohibitive technological development costs. There is no public entitlement to this enhanced remote access. Neither the databases, electronic data compilations, nor any portion of either thereof, accessed through means of the enhanced remote access, may be used outside the scope of the Fair Use Provision of the United States Copyright Act, 17 U.S.C. 9 107 and the Minnesota Data Practices Act, Minn. Stat. Ch. 13 unless authorized by the County's prior written permission. The County acknowledges that the User's "regular course of business" includes using the information provided by the County in the preparation of title searches, title work, title abstracts, and title insurance; all of which will be prepared and/or furnished for resale to the User's customers. The User acknowledges that the County's databases and electronic data compilations have commercial value. 2 C. Rights and Data Except for the license granted herein, all rights, title, and interest to all processes, formats, languages and media throughout the world, which record, demonstrate, and, or facilitate, the creation and utility of the County's data bases and electronic data compilations, including all copyrights available thereto, are and shall continue to be the exclusive property of the County. D. County Charges Charges payable by the User for the enhanced remote access to the County's data bases and electronic data compilations described in this Agreement are set forth in Schedule A. The County's charges for this non-entitlement service may be modified upon thirty (30) days' notice to the User in writing or on-line. E. Disclaimer of Warranties and Limitation ofLiabilitv The County's goods and services provided pursuant to this Agreement are provided "as is," without warranty of any kind, express or implied, including, but not limited to, the warranties of performance, merchantability and fitness for a particular purpose. The User's exclusive remedy and the County's entire liability hereunder, if any, for any claim(s) for damages relating to the County's data bases and, or electronic data compilations, which are made against them, individually, or jointly, whether based in contract or negligence, shall be limited to the amount of the remote access charges paid by the User relative to the period of occurrence of the events which are the basis ofthe claim(s); provided, however, that the County shall have no liability whatsoever to the User for any claim(s) relating in any way to (1) the User's inability or failure to perform legal, professional, or other research or related work or to perform such work properly or completely, even if assisted by the County; or (2) any lost profits or other consequential, exemplary, incidental, indirect or special damages relating in whole or in part to 3 the User's rights hereunder or use of, or inability to use, the County's data bases and, or electronic data compilations, even if the County has been advised of the possibility of such damages. Further, the County shall have no liability whatsoever to the User for any claim(s) relating in any way to any data base and, or electronic data compilation. F. Confidentiality The User agrees not to disclose any information relating to the User's access code, password, or any other information relating to the County's computer security system. Any violation of this section by the User shall constitute a material breach ofthis Agreement. G. Access The County shall maintain the right to deny, postpone, or cancel the enhanced remote access at any time and without prior notice. Such termination of access will not constitute a material breach of this Agreement if the customer's enhanced remote access is reinstated within a reasonable period of time. II. SOFTWARE AND EQUIPMENT FOR INTERNET ACCESS User's Equipment The User's enhanced remote access to the County's databases and electronic data compilations shall be facilitated via the Internet. However, the County's data bases and electronic data compilations are not in the public domain of the Internet. The User is responsible for providing and maintaining all hardware, software, modem, telephone access, and all other equipment required to access the County's data bases and data compilations through the enhanced remote access. 4 III. GENERAL PROVISIONS A. Billing and Payment The User shall maintain an escrow account for payment of all charges. Upon the commencement of each billing cycle, the User's escrow account shall be reduced by the amount of all copy charges and the charge for the current billing cycle. If such payment is unavailable in the User's escrow account, the User's "remote access" to the County Recorder's database may be discontinued. B. Taxes Charges are exclusive of sales, use and other taxes, which are the responsibility of the User. C. Responsibility of User The User shall be responsible for all remote access to and use ofthe County's data bases and data compilations by the User's personnel or by means ofthe User's equipment or passwords, whether or not the User has knowledge of or authorized such remote access and use. D. Limitation of Claims Except for claims relating to charges of improper use of the County's data bases and, or data compilations, no claim, regardless of form, which in any way arises out of this Agreement or the use of, or inability to use the County's data bases and, or electronic data compilations, may be made nor action based upon such claim brought, to any party hereto more than one year after the basis for the claim becomes known to the party desiring to assert it. D. Termination This Agreement shall continue in force until terminated by prior written notice of termination to the other party. Notwithstanding the foregoing, this Agreement may be terminated at any time by the County, with or without cause. The User may terminate this Agreement, with 5 or without cause, upon thirty (30) days' written notice to the County. F. Integrated Agreement This Agreement contains all of the terms and conditions agreed to by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. G. Representations No representations not set forth herein have induced the making ofthis contract. The undersigned have read and understand the entire contract and now state, and in consideration of this Agreement agree, that no representation, promise, or agreement not expressed in this Agreement has been made to induce the undersigned to enter into it. H. Amendments All materials alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly executed by authorized representatives of the parties. Any alterations, modifications, or variations deemed not to be material by agreement of the parties shall not require written approval. I. Force Maieure The County's performance hereunder is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies, and the like. J. Governing Law and Venue This Agreement shall be governed by and construed under the laws of the state of Minnesota and any legal actions taken pursuant to the terms and conditions of this Agreement shall be venued in state district court located in Stillwater, Minnesota. 6 K. Assignment Neither this Agreement nor any part or portion hereof shall be assigned, sublicensed, or otherwise transferred by the User without the County's prior written consent. L. Savings Clause Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shal! not be affected thereby. M. Nonwaiver Failure of any party to enforce any provision ofthis Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. N. Incorporation Attachment A is incorporated verbatim as a part of this Agreement. O. Notices All notices hereunder shall be delivered in person or by United States mail to the following: USER (insert name, title and mailing address) WASHINGTON COUNTY Kevin J. Corbid Recorder/Registrar 14949 62nd Street North Stillwater, MN 55082 7 IN WITNESS WHEREOF, the authorized representatives of the parties hereto have executed this Agreement effective this day of USER BY: Name Title: BY: Name Title: WASHINGTON COUNTY BY: Kevin J. Corbid, Recorder/Registrar Date: 8 WASHINGTON COUNTY ON-LINE SOFTWARE ACCESS AGREEMENT SCHEDULE A 1. The County, at its sole option, may terminate or interrupt the enhanced remote access to its data bases and electronic data compilations at any time, without prior notice, and for any reason. 2. The User is allowed remote access to certain County databases and electronic data compilations. Remote access will be unavailable from approximately 4:00 a.m.-6:00 a.m. CST Monday and 5:00 a.m.-6:00 a.m. CST Tuesday through Thursday. Document copy requests will be unavailable from approximately 7:45 p.m.-9:00 p.m. CST Monday through Thursday and 5 :45 p.m.-l0:00 p.m. CST Friday. 3. The User hereby agrees to pay the County an initial setup and license fee of$50 for each registered user and $50 per month thereafter whether or not the User accesses the database. 4. Initial setup payment may be made by check or through the escrow system. Monthly access payments shall be made in advance by escrow payment system. 5. The User Company is responsible for payment of all copy requests l1!ade by the registered users of the company. Payment for copies shall be made through the escrow system. The User hereby agrees to pay the County $2.00/document and $5.00/certificate oftitle. 9 User Information Company Name Street Address City Telephone # ( ) Contact Name Contact Email User Name: Password: Additional Users Contact Name User Name Password Email Address Contact Name User Name Password Email Address WASHINGTON COUNTY OFFICE OF COUNTY RECORDER/REGISTRAR OF TITLES Remote Access and Escrow Authorization Form Tax Id # State . ZIP Fax ~ ( ) (computer generatedfrom Contact first name initial and last name) (set own password must be 6 characters) (computer generatedfrom Contact first and last name) (set own password must be 6 characters) (computer generatedfrom Contact first and last name) (set own password must be 6 characters) (Please attach the above information for each additional user included in this company) Escrow Data Please access escrow account number for (license/setup) (service and copy) fees. please circle above On behalf of the above company, I authorize Washington County Recorder/Registrar to reduce my escrow balance for the remote access and copy service charges incurred. Authorized Signer: Title: Date -, Additional Users Contact Name User Name Password Email Address Contact Name User Name Password Email Address Contact Name User Name Password Email Address Contact Name User Name Password Email Address Contact Name User Name Password Email Address Contact Name User Name Password Email Address Contact Name User Name Password Email Address Contact Name User Name Password Email Address (computer generatedfrom Contactfirst and last name) (set own password must be 6 characters) (computer generatedfrom Contact first and last name) (set own password must be 6 characters) (computer generatedfrom Contact first and last name) (set own password must be 6 characters) (computer generatedfrom Contactfirst and last name) (set own password must be 6 characters) (computer generated from Contact first and last name) (set own password must be 6 characters) (computer generatedfrom Contact first and last name) (set own password must be 6 characters) (computer generatedfrom Contact first and last name) (set own password must be 6 characters) (computer generatedfrom Contact first and last name) (set own password must be 6 characters) Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 2/25/2009 Re: Amending the City's Personnel Policy Effective January 28, 2008, the National Defense Authorization Act (NDDA) amends the Family and Medical Leave Act (FMLA) to permit an eligible employee to take up to 26 work weeks of leave during a 12 month period to care for a service member who has suffered a serious injury or illness and who is the employees spouse, son, daughter, parent or "next of kin". The attached resolution reflects the changes that are needed in the City's Personnel Policy to be compliant with the federal law change. RESOLUTION 2009-44 AMENDING SECTION 10-4 FAMILY MEDICAL LEAVE ACT BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that Section 10-5, Family Medical Leave Act of the Personnel Policy shall be amended to read as follows: In accordance with the Family and Medical Leave Act (FMLA), effective August 5, 1993 and amended effective January 28, 2008, the City of Stillwater will grant job protected, unpaid family and medical leave to eligible employees for up to 12 weeks per 12-month period for any or one or more of the following reasons: A. The birth of a child and in order to care for such child or the placement of a child with the employee for adoption or foster care (leave for this reason must be taken within the 12- month period following the child's birth ,or placement with the employee); or B. In order to care for an immediate family member (spouse, child, or parent) ofthe employee if such immediate family member has a serious health condition; or C. The employee's own serious health condition that makes the employee unable to perform the functions of his/her position, or. D. Any exigency arising out ofthe spouse, son, daughter or parent being called to active duty in the Armed Forces in support of a contingency operation. Eligible employees can take up to 26 work weeks of unpaid leave during a 12 month period to: 1. Care for a spouse, son, daughter, parent or "next of kin" who is a covered service member of the Armed Forces and who suffered a serious injury or illness while on active duty. a. During the single l2-month period, an eligible employee shall be entitled to a combined total leave of 26 workweek for a leave that falls under the general FMLA requirements and for leave under the service member family leave requirements. DEFINITIONS D. "Serious Health Condition" means: 1. An illness, injury, impairment or physical or mental condition that involves either inpatient care or continuing treatment by a health care provider for three (3) or more consecutive days. 2. Any period of incapacity because of pregnancy or prenatal care. " 3. Any period of incapacity because of chronic serious condition. 4. Any period of absence to receive multiple treatments by health care providers for reconstructive surgery after an accident or injury, for conditions that would result in a period of incapacity of more than three (3) consecutive days if left untreated. 5. An injury or illness incurred by a member in the line of duty while on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank or rating. E. "Covered Service Member" - means a member of the Armed Forces, including a member ofthe National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy is otherwise in outpatient status or on the temporary disability retired list, for a serious injury or illness. In all other ways, the City's Personnel Policy and Section 10-4 shall remain in full force and effect. Adopted by the City Council this 17th day of March 2009. Ken Harycki, Mayor ATTEST: Diane F . Ward, City Clerk Memo DATE: February 20, 2009 TO: Mayor and City Council Sharon Harrison, ~ l Finance Director~ Abatement Request FROM: RE: BACKGROUND A utility payment was received on October 28,2008 in the amount of$218.30 for parcel number 30.030.20.33.0076 (3677 Pine Hollow Place). The payment was inadvertently applied to the wrong utility account thus generating a certification to the County for the 2009 property taxes. RECOMMENDATION Staff recommends abating the assessment from the property taxes for the payable year 2009 for PID #30.030.20.33.0076 project number LI #001. ACTION REQUIRED If Council agrees with staffs recommendation, Council needs to pass a resolution abating the assessment from the 2009 property taxes for PID #30.030.20.33.0076 project number LI #001. RESOLUTION 2009-45 ABATING SPECIAL ASSESSMENTS WHEREAS, the following parcel was inadvertently assessed and certified to Washington County for nonpayment of a utility bill: 30.030.20.33.0076 - LI 001 - $218.30 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, that the special assessment, as stated above for Parcel Number is hereby abated. Adopted by the City Council this 3rd day of March, 2009. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk ') Planning Report DATE: February 23, 2009 CASE NO.: 08-51 APPLICANT: City of Stillwater REQUEST: 1) River setback variances 2) Bluff setback variances ZONING: Base District: IB, Heavy Industrial Overlay District: St. Croix River District Overlay District: Flood Fringe LOCATION: 805 South Main Street PUBLIC HEARING: January 8 and February 9, 2009 ~ Planning Commission March 3,2009 - City Council PREPARED BY: Bill Turnblad, Community Development Director1)-:-r BACKGROUND On June 7, 2005 the City Council agreed to provide a site for relocation of two historic buildings that are currently in Oak Park Heights. The buildings are located where a ramp to the new St. Croix River Bridge will eventually be constructed. One of the buildings, a single story field stone structure, is the former shoddy mill where the Bergstein Family mattress business had rags turned into shoddy, which was used for stuffing mattresses. The second building is a two story wood-framed warehouse, which was used for storage and mattress production. After agreeing to provide a new location for the historic buildings, the City had an assessment report completed, which identified the Aiple Towing Company's former terminal building as the relocation site for the two structures. The report was completed by the 106 Group and SRF Consulting in January of 2006. That report is attached. October 31,2006 the City Council adopted Resolution 2006-239 approving the Memorandum of Understanding for the new river crossing project, including a Bergstein Variances February 23,2009 Page 2 of 4 confirmation of the commitment to provide the relocation site for the Bergstein buildings. The actual move and its costs will be the responsibility of the Minnesota Department of Transportation (MnDOT). Relocating the buildings is planned to occur just prior to construction of the new bridge. The target date for letting the bridge contract is July 2013. This date was set after the Minnesota legislature recently authorized funds for Minnesota's portion of the project costs. However, in an attempt to assemble all the necessary permits for the project, MnDOT is requesting the City to grant the variances for the relocation site sooner rather than later. SPECIFIC REQUEST The proposed site for the two buildings is located within the required 100 foot setback area of the St. Croix River as well as within the 40 foot "bluff" setback area. Therefore, the following specific variances are being requested: A) Warehouse 1) + / - 55 foot variance from the required 100 foot setback from the St. Croix River in order to allow the warehouse building to be located within + / - 45 feet of the river. 2) +1- 16 foot variance from the required 40 foot setback from the top of the bluffline nearest the St. Croix Riyer in order to allow the warehouse building to be located within + / - 24 feet of the bluffline. 3) + / - 29 foot variance from the required 40 foot setback from the toe of the bluff west of the warehouse in order to allow the warehouse building to be located within + /- 11 feet of the toe of the bluff. B) Shoddy mill 1) + / - 35 foot variance from the required 100 foot setback from the St. Croix River in order to allow the shoddy mill building to be located within + / - 65 feet of the river. 2) + / -14 foot variance from the required 40 foot setback from the toe of the bluff west of the shoddy mill building in order to allow the warehouse to be located within + /- 26 feet of the toe of the bluff. COMMENTS ON REQUEST The purpose of a variance is to allow variation from the strict application of the terms of the zoning ordinance where, by reason of the exceptional narrowness, shallowness or unusual shape of a specific piece of property or by reason of exceptional size, shape, topographic conditions or the extraordinary condition of the property; the literal enforcement of the requirements of the zoning ordinance would involve practical difficulties or would cause undue hardship. Findings required. A variance may be granted only when all of the following conditions are found: Bergstein Variances February 23, 2009 Page 3 of 4 (1) A hardship peculiar to the property, not created by any act of the owner, exists. Personal, family or financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance. a. In this instance, "exceptional size, shape, topographic conditions" peculiar to the property create the practical difficulty. The terracing of bluffs, location of the trails to be constructed by MnDOT and narrowness of the site all combine to eliminate all potential building locations. (2) A variance is necessary for the preservation and enjoyment of substantial property rights; and, if granted, would not constitute a special privilege not enjoyed by neighbors. a. Of concern here is that granting the variances should not create a precedent that would be used by other property owners to ask for the same type of variance. If there are other owners with the same property characteristics, they should be treated the same, otherwise a "special privilege" claim could be made. In this application, the use of the buildings will be for passive public recreational activities. Specifically, there will be signs or plaques for explanation of the historic significance of the buildings, public restrooms and likely an opportunity for users of the future trail to rest. This passive public re-use of the buildings together with the specific set of topographic features that characterize the site combine to create a very unique situation. Chances of other property owners claiming" special privilege" are quite slim because the property and situation are so unique. (3) The authorizing of the variance will not be of substantial detriment to adjacent property and will not materially impair the purpose and intent of the zoning ordinance or the public interest nor adversely affect the cQmprehensive plan. a. The residential properties to the west are situated high above the subject property on top of the limestone bluffs. In addition, the planned passive recreational use of the site should be compatible with the residential property to the west. b. In terms of the comprehensive plan, both the 2020 Plan and the 2030 Plan show the site guided for park and open space purposes. The proposed uses of the relocated structures are recreational. c. Both the Minnesota Department of Natural Resources (DNR) and the National Park Service (NPS) have interest in this project. They have been involved in the discussions related to the proposal for a number of years now. Both agencies have provided verbal comments on the variances. The DNR would like to see all stormwater runoff treated on site before it is released to the river. The NPS would like to see the shoreline in front of the two buildings re-Iandscaped as naturally as possible. The Department of Transportation has committed to addressing both of these concerns as they improve the site. Both agencies should eventually submit written comments. If written comments from either agency presents concerns that impact the specific building setbacks, the project will need to go back to the Planning Commission for reconsideration. However, since both groups have been Bergstein Variances February 23, 2009 Page 4 of 4 involved in this project, and they are both generally supportive of it, staff does not expect this to happen. A note on the bluff setback standards: Though generally speaking no bluffs are recognizable within 40 feet of the proposed building relocation site, any 12% slope in the St. Croix River Overlay District is technically considered to be a "bluff". And a setback of 40 feet is required from both the top and from the ~ of every 12% slope. There are two such "bluffs" near the subject site. They can both be seen in the attached exhibits. Normally only the Planning Commission reviews variance requests. However, in the St. Croix River Corridor (everything "riverward" of the railroad tracks), the City Council must also hold a public hearing.1 AL TERNATIVES The City Council has several alternatives. A. Approve If the proposal is found acceptable to the City Council, it could approve the variances, with the condition that any concerns expressed by the DNR or NPS that impact the location of the buildings will require reconsideration by the Planning Commission. B. Deny If the City Council finds tltat the variances are not advisable, it could deny them. With a denial, the basis of the action should be given. C. Table If the City Council feels that there is a likelihood that the DNR or NPS may have serious concerns with the proposal, it could table the case until the City has received written comments from them. RECOMMENDATIONS Planning Commission The Planning Commission unanimously recommended approval of the variances with the condition that any concerns expressed by the DNR or NPS that impact the location of the buildings will require reconsideration by the Planning Commission. Staff Staff finds the variance criteria to be satisfied and therefore recommends approval of the variances with the condition that any concerns expressed by the DNR or NPS that impact the location of the buildings will require reconsideration by the Planning Commission. attachments: Resolution Location Map Site Map Site Assessment Report I City Code, Ch 31, Section 31-401, Subd. 6( e). RESOLUTION NO. 2009- RESOLUTION APPROVING SETBACK VARIANCES FOR THE RELOCATION OF THE HISTORIC BERGSTEIN BUILDINGS TO PROPERTY LOCATED AT 805 SOUTH MAIN STREET CASE NO. 2008-51 WHEREAS, during studies completed for the proposed new bridge crossing the S1. Croix River, "the Bergstein property", including a two-story warehouse and a stone shoddy mill, was determined to be eligible for listing in the National Register of Historic Places, yet the two buildings were found to be located directly in the path of improvements required for the bridge construction; and WHEREAS, as a part of the mitigation plan developed for the bridge project, the Minnesota Department of Transportation committed to bearing the responsibilities for relocating the two buildings; and WHEREAS, pursuant to Resolution No. 2006-239 the City of Stillwater approved the Memorandum of Understanding with the Department of Transportation, which included a confirmation of the City's commitment to allow the buildings to be relocated on property it owns at 805 South Main Street; and WHEREAS, the City of Stillwater has made application for approval of setback variances to accommodate the relocation of the two historic structures to its property at 805 South Main Street; and WHEREAS, on January 8, 2009 the ,Planning Commission held a public hearing for the variances, which it continued on February 9, 2009, and during the public hearing no testimony opposed to the proposed setback variances was offered; and WHEREAS, the Planning Commission unanimously recommended approval of the variances with the condition that any concerns expressed by the Department of Natural Resources or the National Park Service that impact the specific location of the two buildings will require reconsideration by the Planning Commission.; and WHEREAS, on March 3, 2009 the City Council held a public hearing on the variances and received no public testimony opposed to the setback variances. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the setback variances as detailed in the planning report dated February 23, 2009, on file in the Community Development Department of City Hall, with Resolution No. 2009- Bergstein Property Variances Page 2 of2 the condition that any concerns expressed by the Department of Natural Resources or the National Park Service that impact the specific location of the two buildings will require reconsideration by the Planning Commission. Enacted by the City Council of the City of Stillwater, Minnesota this 3rd day of March, 2009. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk Bergstein Relocation Site J ~~A 11>~\\ ' ~ \M~r-' ~ ~I ~ ~ ~~~\w ~~ \~n\~ ~ ~ Ir- '\...- .-;- --X".\im,l" JJ ~:\ ~\..)l~ :E~ '':i '" --4~::- ~ .t= -'~-1'\U r \~tt~\ ~ ~ J '\ ~u0~ ~ ~~ o~'" '\ -1\---\ ~~; ~ ~gfj~Trl ~~ ~~~ -\WW\~Ti ~~.... 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' T ~IJ \ " ~ ~ I ~ ~~ ~ ~ -H II ~ ..~~\ ~ - ,I- -- f- __r- c-r- k'.f- ~ ~~ ~ ~ \---rJ ~ HT - l~ -- -... -- --- O!~-U L I I I I I II Case no. 08-51 Municipal Boundary City of Bergstein Relocation Site Setback Variances . \ "Ie \ \ \ Case no. 08-51 .BERGSTEIN PROPERTY Ri<:LOCATION MITIGATION PROJECT PROPOSED SITE ASSESSMENT SUBMITTED BY THE 106 GROUP LTD. AND SRF CONSULTING GROUP TO THE CITY OF STILLWATER JANUARY 2006 INTRODUCTION During studies completed for the proposed S1. Croix River Crossing, the Bergstein property (W A-OHC-001 and W A-OHC-On), which includes a two-story warehouse and stone shoddy mill, was determined to be eligible for listing in the National Register of Historic Places (NRHP). The currently proposed crossing would require the removal of the Bergstein property. The Environmental Impact Statement (EIS) for the S1. Croix River Crossing states that mitigation of effects to the Bergstein shoddy mill and warehouse may include moving the buildings. The City of Stillwater has identified a proposed new site within a city-owned parcel known as the Aiple Property, at the location of the current Terra Terminal building. As a result of this location choice - adjacent to the St. Croix . River and within a floodplain - federal, state and city agencies have an interest in the placement of the historic buildings and/or have regulatory oversight. These agencies include: Ii The National Park Service (NPS), which has oversight within the St. Croix Scenic RiveIWay planning area, where the new location for the buildings is proposed; The Minnesota Department of Natural Resources (DNR), which reviews projects within the floodplain; The City of Stillwater, which regulates construction within the Floodplain and BluffiandlShoreland Overlay Districts, and is responsible for the implementation ofthe Aiple Property Master Plan; and The Minnesota State Historic Preservation Office (SHPO) and the Minnesota Department of Transportation (Mn/DOT), which have Section 106 responsibilities for the project with regard to its historical considerations. .. f3 .. The purpose of this assessment is to document compliance with the above-noted federal, state, and city requirements for the proposed site, and to determine to what extent the proposed site meets the recommended guidelines for placement of the historic structures. Site plan and cross-section drawings illustrating setting and elevation were prepared to illustrate the placement of the buildings at the proposed site. In addition, a brief outline of how the historic buildings would fit into the existing and proposed Aiple Property Master Plan, with potential reuses, is provided. Bergstein Propel1y Relocation Mitigation Project Proposed Site Assessment Page 2 STATEMENT OF SIGNIFICANCE The Bergstein shoddy mill and warehouse have been determined eligible for listing in the NRHP under Criterion A in the area of social history - association with the events that have made a significant contribution to the broad patterns of our history. The following excerpt from the Minnesota Architecture-History Inventory Form describes the significance of the property: The story of the Moritz Bergstein family is both characteristic and unusual. Like .many Jewish immigrants, he engaged in commercial endeavors involving used goods and recycled materials. But, in contrast with typical urban Jewish immigrant activities, the Bergsteins living in a small town distant from other Jews and Jewish institutions, engaged (for a time) in light manufacturing, owned property soon after coming to America, and hired non-Jewish workers. Furthermore, Moritz and Bertha Bergstein emigrated in 1880 when thousands of Jews fled Eastern Europe, but it appears they were both in Germany and Bohemia, respectively, as were their parents. In the 19th and early 20th century, Jewish settlers were nire in the St. Croix valley, and properties associated with their way of life are accordingly scarce. Six. buHdings on two sites are directly associated with the Bergstein's home and shoddy mill and junkyard and the family's adaptations to American life. (Minnesota Architecture-History Inventory Form W A-OHC-On). Although the residence and other domestic structures associated with the property are no longer extant, the shoddy mill and warehouse continue to exemplify the economic pursuits of the Bergstein family and remain a rare aspect of local Minnesota culture. While moving historic properties is discouraged because the relocation alters the relationship between the property and its surroundings, in this case the removal of the Bergstein property is considered to be a means of mitigation in preference to the demolition of the buildings for the construction of the St. Croix Crossing project. PROPERTY DESCRIPTION Setting The Bergstein property currently stands on the edge of the bluffs west of the St. Croix River Valley on the east side of Stagecoach Trail (formerly Main Street) in the City of Oak Park Heights, immediately south of Stillwater, Minnesota. The property was once set in a semi-rural location, on the outskirts of Stillwater, although by the 1920s, the surrounding area was built up into a sparsely populated residential neighborhood. Due to the demolition of those houses in recent years, the property is once again set within a fairly isolated area. Stands of young trees and scrub currently obstruct the view of the river valley, and it is unknown what the nature of the vegetation would have been during the property's period of significance. Bergstein Property Relocation Mitigation Project Proposed Site Assessment Page 3 The extant Bergstein propeIty includes a stone shoddy mill and wood-framed warehouse. Historically, these two work structures have always been together; they were separated from the Bergstein residence and other domestic structures by a railroad and a wood viaduct (not extant) to the west (Figure 1). The warehouse is rectangular, numing east to west, with the mill 25 to 30 feet due south of its center. The warehouse's gable end faces the road (west) and the mill's primary fayade faces onto the south side of the warehouse (Figures 2 and 3). Although most of the property where the buildings are located is level, the terrain drops precipitously to the river valley on the east, exposing the northeast comer of the warehouse foundation. Buildings The warehouse is constructed of timber framing, designed to support heavy loads and was used in the Bergstein mattress-making operation (Figure 4). The second floor space provided a room where workers stuffed mattresses. The stuffing was lifted to the second story through a trap door by a large wooden pulley, moved along a catwalk, and then dumped into the stuffing room through a canvas chute. The shoddy mill is a simple, one-story, rectangular-plan building constructed of rubble stone with liberal amounts of mortar (Figure 5). Access is provided by a replacement wood door located on the east end of the north (front) fayade. A brick, segmental arch sets off the window opening on the west fayade. The; stone mill housed Bergstein's rag- processing operation, where rags would be turned to shoddy using a rag-tearing machine, known as a devil. A wood-fueled engine was located within the structure and had a 25- foot chimney at the rear. R>YOl'f1(/579J Source: Sanborn Fire Insurance Map Company, 1924. FIGURE t. HISTORIC ARRANGEMENT OF BERGSTEIN PROPERTY, 1924 Bergstei n Properly Relocation Mitigation Project Proposed Site Assessment Page 4 FIGURE 2. BERGSTEIN WAREHOUSE AND SHODDY MILL, FACING NORTHEAST FIGURE 3. STAGECOACH ROAD AND BERGSTEIN PROPERTY, FACING NORTH Bergstein Properly Relocation Mitig,~tioJ1 Project Proposed Site Assessment Page 5 FIGURE 4. BERGSTEIN WAREHOUSE, FACING NORTHEAST FIGURE 5. BERGSTEIN SHODDY MILL, FACING EAST Bergstein Property Relocalion Millgalion Pr.oject Proposed Sltc Assessment Page 6 REGULATORY FRAMEWORK The proposed relocation site is subject to various regulatory guidelines or requirements and would be subject to review an,d approval by the City of Stillwater, the DNR, the NPS, MnfDOT and SHPO. Brief outlines ofthe applicable requirements are addressed below. Floodplain and Bluffland/Shoreland Overlay Districts Regulations . Construction within the Aiple Property is subject to City of Stillwater review under its Floodplain and BlufflandlShoreland Overlay Districts ordinances. Under these ordinances, buildings placed within this zone are required to have a building's first floor elevations at a minimum of one foot above the 1 00 Year Floodplain Elevation. In the case of the relocation site, the 100 Year Floodplain Elevation is approximately 692 feet; the building's first floor would need to be at 693 feet. In addition, any required fill must extend 15 feet from the structures at or above 693 feet. The required setback is at least 100 feet from the Ordinary High Water Mark (OHWM) (which is 675 feet) and 40 feet from any bluffline (slopes of 12 percent or steeper). The building height maximum is 35 feet. Exterior surface colors must be "earth or summer vegetation tones" and vegetative screening of structures is required from the vantage of the river. Placement of fill is allowed with a permit. Variances would be necessary for requirements that are not met. Conditional use permits would be necessary for proposed uses of the structures other than those specified as "permitted uses." Variances and conditional use permits require approval processes by the City and DNR. St. Croix National Scenic Riverway the St. Croix National Scenic Riverway, administered by the National Park Service (NPS), has jurisdiction for properties within its boundaries. Changes to properties within this area would need to be evaluated under the National Scenic Waterway Act (7 A Evaluation). A 7 A Evaluation was completed with regard to the St. Croix Crossing project and specific mitigation measures for the adverse effects resulting from the crossing were identified. Among these mitigative measures are the removal of the Terra Terminal building and restoration of the shoreline for the purpose of enhancing the scenic value of that location. The Terra Terminal building measures approximately 350 by 40 feet, and is visible from the river up to 23,000 feet to the south and 13,000 feet to the north. Future development on the Terra Terminal site should not negate the benefits gleaned from its removal. Effective screening from river vantage points, natural shoreline restoration, and adherence to the City of Stillwater's Floodplain and Bluffland/Shoreland Overlay Districts Regulations would help to make any development on the site less inconspicuous when viewed from the river. Other concerns expressed in a conversation with NPS staff included the consideration of the Aiple Property as a transitional zone for the developed downtown area of Stillwater to a more natural shoreline farther south. Development and siting plans should maintain and enhance that transition. The NPS urges the public use of the buildings within a park setting; use of the buildings as a restaurant or other private facility are discouraged. Bergslcill Property Relocation Mitigation Project PnJposed Site Assessment Page 7 Historical Considerations With regard to the placement of the historic buildings, the EIS recommends that the new location must be comparable to their historic location and compatible with the property's historical significance in terms of: · Orientation, · Setting, and II General environment. Furthermore, if the new location has other in-place historic buildings that are located nearby, particular attention will be needed to guard against creating a false sense of history, while still creating a "natural" setting. PROPOSED NEW SITE A new site for the Bergstein warehouse and shoddy mill has been proposed within a parcel owned by the City of Stillwater known as the Aiple Property. The Aiple Property is being developed into a city park, with a trail system and active programming facilities. The proposed site is approximately one mile north of the existing Bergstein site within a thin strip of deciduous flood-plain forest running parallel to, and between Highway 95 and the St. Croix River. Historically, several mills and plants lined the shoreline. The specified new~ite within the Aiple Property is currently occupied by ~n abandoned fertilizer building, known .as the Terra Terminal building, and is accessible by a gravel road off Highway 95. The proposed site was within the area of potential effect for the St. Croix River Crossing project for both archaeological and architecturaVhistorical resourc~s, and therefore has been evaluated for historic significance. Archaeological surveys completed in May 2005 by Two Pines Resource Group identified the Terra Terminal building area has having low potential for intact precontact or post contact archaeological resources. The proposed site is located within the Stillwater Cultural Landscape District, an NRHP-eligible historic district. The Terra Terminal building, although never individually inventoried, is presumed to be a non-contributing property within this district. An assessment of the effects to that district resulting from the relocation of the Bergstein property should be completed to comply with Section 106 of the National Historic Preservation Act of 1966. During the master planning process for the Aiple Property, completed in 1998, several alternatives for the property were conceived. Within the area of the proposed location of the Bergstein buildings, plans indicate the construction of a 10- foot paved multi-use trail east of the existing railroad bed, a river edge promenade and overlook, visitor boat slips, and the Cayuga barge working river exhibit The TeITa Tenninal building would be removed under the preferred plan. The current proposal for the Bergstein property would result in the demolition of the Terra Terminal building and the placement of the warehouse and shoddy mill (Figures 6 and 7). Bergstein Property Relocation itilitigation Project Proposed Site Assessment Page 8 1'"'lriir�ii rst_ 'f p� FIGURE 6. PROPOSED LOCATION WITHIN MASTER PLAN DESIGN FIGURE 7. VIEW OF PROPOSED SITE AND EXISTING TERRA TERMINAL BUILDING, FACING NORTHEAST Bergstein Pruperly Relucation i'vfitigal:un Project Proposed Site A3scssment Page 9 EVALUATION OF PROPOSED SITE The relocation of the Bergstein shoddy mill and warehouse to the Aiple Property presents several challenging requirements to accommodate both the historical considerations of the two buildings and the zoning and scenic considerations of the riverside site. Graphic illustrations of the concept plan and cross sections for the relocated buildings on the proposed site are found in the Attachments. Floodplain and Bluffland/Shoreland Zoning Overlays The proposed site and necessary building configuration would not meet the Floodplain and Bluffland/Shoreland Zoning ordinances, and would therefore require a City variance and DNR approval. The Terra Terminal site is entirely within the 100-foot setback of the OHWM; no buildable sites within the immediate vicinity of the Terra Terminal site could accommodate the placement of the shoddy mill and warehouse buildings outside of the setback. As conceived in the concept plan, the warehouse would be placed about 40 feet, and the shoddy mill about 60 feet from the OHWM. The Terra Terminal site is partially within the 40-foot bluffline setback; no buildable site within the vicinity of the Terra Terminal site could accommodate the placement of the shoddy mill and warehouse buildings outside of the bluffline setback. Elevation of the buildings would need to be raised to 693 feet (one foot above 100 Year Floodplain Elevation) in order to comply with the zoning regulations. This could be accomplished by placing the buildings on foundations and adding fill to the area. The fill would be slightly sloped to the east for water run-off and would be 2 to 3 feet deep and should extend 15 feet from the structures at or above the 693~foot elevation. A permit from the City would be necessary for the placement of the fill. Not only is raising the elevation of the first floor above the floodplain important for meeting the zoning requirements, it would also be important to keep the buildings out of danger from flooding, thereby preserving and protecting their historic materials. To place the buildings within a site that would create an undo threat to their material integrity would be considered unacceptable. St. Cro;x National Scenic Riverway The placement of the shoddy mill and warehouse buildings on the site would require the demolition of the Terra Terminal building, thereby meeting this mitigation requirement for the St. Croix River Crossing project. The development of the site should not, however, negate the beneficial effects of the Terra Terminal building's removal. Although the plan would not be able to meet the shoreline and bluffline setback requirements of the Floodplain and Bluffland/Shoreland Zoning Overlays, the shoddy mill and warehouse would be a significantly smaller presence on the site than that of the existing Terra Terminal building. Natural and existing vegetation will offer mitigative screening between the. shore and the buildings on the east and north side and would contribute to making the buildings as inconspicuous as possible. Natural shoreline restoration also would serve to mitigate what potential adverse effects the placement of the buildings may have to the scenic qualities of the waterway. Care should be taken to Bergstein Property Relocation Mitigation Project Proposed Site Assessment Page ]0 limit the vegetation to areas outside the mill and warehouse compound, to retain the sense of a working facility. Most vegetation within the historic building compound should be minimized and avoid decorative and domestic planting schemes. Historical Considerations Orientation The shoddy mill and warehouse would be situated on the parcel to retain an orientation and spatial relationship comparable or identical to that of its original location. The buildings would be placed 25 to 30 feet from each other and reconstructed in an arrangement that would simulate the historic configuration. The buildings would also be oriented to recreate the approximate original cardinal directions. Moreover, the presence of a railroad bed to the west of the new site spatially resembles the historic relationship of the Bergstein property to the railroad. Since the presence of the railroad bed emulates the historical setting of the property, it would not be considered the creation of a false sense of history, as would the presence of other historical buildings not associated with the historical setting of the Bergstein property. Although the site would require the buildings to be placed on a foundation and raised to a level of 693 feet (one foot above the 100 Year Floodplain Elevation), the addition of fill into the area would recreate a mostly level setting (the grade would be slightlys:loped to the east for water run-off) that would simulate the historical vertical orientatioI;l of the Bergstein property. The elevation of the buildings at this level wourd also help to protect the historic materials from most flood events. Setting The proposed new location is on the St. Croix River floodplain, just off the heavily traveled Highway 95 corridor. In its new location, the mill and warehouse would stand adjacent to the river, creating a visual association not present at its historical site. Screening from the river would not only help to minimize the visual presence of the nearby river, it would also help to diminish the effects of the buildings from the vantage point of the river, a national scenic waterway. The original setting of the property included its placement on four 50-foot-wide lots. Previous relocation feasibility documentation completed by Claybaugh Preservation Architecture Inc. in 2005 suggested that a parcel with dimensions of I 50-feet by 150-feet would be adequate for the new building site. The proposed site does not meet this recommendation in tenns of site depth (east-west), although the parcel would be of sufficient width (north-south). Other buildings or landscape features constructed within this zone, such as driveways or structures that emulate the non-extant structures once associated with the mill and warehouse, should be related to the historical setting of the Bergstein property. The historical setting on the bluff above the St. Croix River Valley does not appear to be significant in the property's setting or to its industrial function. Its adjacency to the Bergstein Properly Relocation MilipLL)1\ Project Proposed Slle ,\.,sessment Page II railroad, and the semi-rural location, outside the City of Stillwater, are of greater relevance. The new site should not significantly alter the setting of the buildings themselves. The proposed new location saw several industry-related buildings come and go over the last century and a half; relocated, the shoddy mill and warehouse would be compatible with the general history of this environment. General Environment The general environment of the Bergstein property would be changed from a location on the edge of a low-density residential community to a city park. The park setting, however, is not an entirely bucolic, natural setting, but is instead one comprised of sawmill ruins, railroad corridors, and other features indicating the presence of historical industry. This type of environment would be complementary to the industrial heritage of the mill and warehouse, and therefore would be a compatible environment. Care should be taken in the placement of future park facilities, such as playgrounds, picnic shelters, marinas or other incompatible facilities; they should not be placed within the vicinity of the relocated historic buildings. RE-USE AND INTERPRETIVE POTENTIAL WITHIN A PARK SETTING The master plan for the Aiple Property includes the development of an events area, walking and biking thoroughfares, picnic areas and interpretive markers. The shoddy mill and warehou~e would be on display in a public context, and the potential for its adaptive re-use and interpretation are tremendous. The City of Stillwater has expressed interest in adapting the buildings as trail head and/or interpretive center facilities or as a hostel. A Site Plan Concept of the relocated buildings within the Aiple Property can be found in the Attachments. The following guidelines are recommended for the reuse and interpretation of the Bergstein shoddy mill and warehouse: · Implement re-use options that are compatible with the historic buildings and with the public park setting. s Follow the Secretary of the Interior's Standards and Guidelines for Rehabilitating Historic Buildings (httlJ://www.cr.nps.gov/ht>s/tlJs/standguidelindex.htm) when adapting to the new use of the historic buildings. · Preserve the interior features and structural elements of the buildings that are unique to, and illustrative of, their historical uses. .. Preserve and/or restore the exterior fas;ades of the buildings to their historic appearance. D Utilize these industrial buildings as a transition between the urbanized setting of Stillwater on the north and the more natural areas along the St. Croix Scenic Riverway to the south. · Interpret the shoddy mill and warehouse within the context of its Jewish cultural and economic origins to shed light on a unique cultural and industrial aspect of Minnesota and Stillwater history. /I Explicitly describe the Bergstein buildings' original site and physical context and the circumstance of their relocation. Bergstein Property Relocation Mitigation Project Proposed Site Assessment Page 12 II Interpret the industrial context of shoddy milling, as well as the other historical archaeological industrial properties authentically associated with the Aiple property, such as the Hersey & Bean Planing Mill, the Hersey & Bean Sawmill and Slab Alley, which together comprise the proposed Stillwater South Main Street Archaeological District that provides insights into Stillwater's nineteenth century lumber industry and working-class life. Interpretation should make clear what is authentic to the site (sawmill ruins, etc.) and what is not (shoddy mill and warehouse) in order to avoid presenting a false sense of history. Other visitor services or general river interpretation may take place within the buildings. Construction of other structures and landscape features, such as walkways, driveways, and furnishings within the vicinity of the Bergstein buildings should be kept to a minimum, should be based. on historical precedent, when possible, and should be expressed as distinguishably modem, yet compatible, forms, III .. SUMMARY CONCLUSIONS Floodplain and BlufflandlShoreland Zoning Overlays The proposed relocation site would result in the placement of the warehouse and shoddy mill within 40 and 60 feet of the OHWM, respectively. The proposed relocation site would not meet the Floodplain and Bluffland/Shoreland Zoning Overlay ordinances requirements because: .. the proposed site is within the 100-foot setback from the OHWM; and · the proposed site is within the 40-foot setback from the bluffline. The proposed relocation site would not exceed the 35-foot height limit, and would therefore meet that requirement. The buildings would be raised to an elevation of one foot above the 100 Year Floodplain Elevation, thereby meeting the requirement for building elevation. Two to three feet of fill with 15 feet of the buildings would be required. By raising the building to this elevation, historic materials would be protected from 100-year flooding events. The plan, as proposed, would need to seek a variance from the City of Stillwater Planning Commission, and would require DNR approval. Furthermore, non-compliance with the zoning requirements may not meet the goals of the NPS with regard to the mitigation measures for the removal of the Terra Terminal building if the placement of the buildings is perceived to negate the benefits of the removal of the Terra Terminal building. The proposed plan would also require a permit for the fill material. St. Croix National Scenic Riverway . The proposed relocation plan would not meet the City of Stillwater's zoning regulations for the property, and therefore may not meet the goals of the NPS, which are to restore the natural and scenic qualities of the riverway. Vegetative screening and restoration of the natural shoreline may sufficiently mitigate the effects of the proposed plan on the scenic qualities ofthe S1. Croix River. .. Bergstein Property Relocation Milig~l(ion Project Proposed Site Assessment Page [3 Historical Considerations The proposed site meets many of the criteria necessary for the historical considerations of the Bergstein property. The orientation, setting and general environment of the proposed site would be altered from, although largely compatible with, the property's original site. .. The shoddy mill and warehouse could be configured on the proposed site in an arrangement that would approximate the historical plan with respect to the orientation of the buildings to each other, to the railroad bed, and to the approximate cardinal directions. .. The shoddy mill and warehouse would be raised on foundations to an elevation of one foot above 100 Year Floodplain Elevation (693 feet). Two to three feet of fill would raise the surrounding area to appear level and would simulate the existing vertical orientation of the buildings. Historic building materials would be protected from 100-year flooding events. .. The previous recommendation that a parcel measuring 150 feet by 150 feet would be ideal for a relocation site could not be met at the proposed site. Vegetation at the river's edge, however, may serve to mitigate for the lack of lot depth on the proposed site and would simulate the current forested bluff setting on the east end of the original lots. .. The proposed site would be compatible with the historical significance of the Bergstein property, and would continue to be located within a semi-rural setting on a site historically associated with industry. .. The park setting, which is comprised of sawmill ruins, railroad corridors and other industrial remnants, is complementary to the industrial heritage represented in the shoddy mill and warehouse. The placement of the buildings would not be considered out of place within this environment. Because the proposed site is within an NRHP-eligible historic district (the Stillwater Cultural Landscape District), an assessment of the effects to that district resulting from the relocation of the Bergstein property should be completed to comply with Section 106 of the National Historic Preservation Act of 1966. Re-Use and Interpretive Potential The relocation of the shoddy mill and warehouse to the Aiple Property provides an excellent opportunity to adapt the buildings for use as a visitor and/or interpretive center within the park's public context. Rehabilitation of the shoddy mill, warehouse and immediate surrounding landscape should be sensitive to the historical character of the property and should utilize the Secretary of the Interior's Standards and Guidelines for Rehabilitating Historic Buildings. Interpretive materials should include discussion of the shoddy mill and warehouse within the context of its Jewish cultural and economic heritage, and should specifically describe the buildings' original site and physical context and the circumstance of their relocation. Additional interpretation could tie-in with the industrial heritage authentic to the Aiple Property and environs, which includes both sawmill ruins and working-class domestic artifacts. 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Qtil~ate~ 'H:-:-'~!HP"Cf Of ""NNf~~) Planning Report DATE: February 23, 2009 CASE NO.: 2009-03 APPLICANT: Shannon Bambery, BWBR Architects PROPERTY OWNER: Lakeview Hospital REQUEST: Special Use Permit for mechanical room addition LOCATION: 927 W, Churchill St. PUBLIC HEARING: February 9, 2009 - Planning Commission March 3,2009 - City Council REPORT AUTHOR: Bill Turnblad, Community Development Director BACKGROUND Last year Lakeview Hospital requested the City to approve a multiple-phase campus expansion plan. The hospital board decided not to proceed with that plan and withdrew their request. Instead of expansion, the board would like to proceed with a remodeling plan. At some time in the future, an expansion plan may be re-examined. The current remodeling project incorporates three main components: 1. Relocate the existing oncology department from Circle 2C into the Greeley Clinic building and remodel the vacated space to provide patient rooms. 2. Remodel the existing pharmacy to meet USP 797 requirements and provide additional storage/work area. 3, Remodel the existing patient rooms in Circles lA, IB, Ie. Remodeling the existing patient rooms triggers a requirement that the air handling units for the patient rooms be upgraded. This in turn necessitates an expansion of the mechanical room in order to stage construction and keep departments functioning, The required mechanical space would be approximately 2,500 square feet to accommodate a larger single air handler, which would replace four existing smaller units, However, with the potential for future remodeling or expansion, the hospital would like to construct a 5,500 square foot addition for mechanical equipment. The hospital would likely bid the larger size as an add Lakeview Hospital Page 2 of3 alternate to the construction documents, but might not construct the extra space at this time. Never the less, the hospital felt they should request approval of the "worst case" largest size. SPECIFIC REQUEST Approval of a Special Use Permit to allow the construction of a 5,500 square foot mechanical room addition. EVALUATION OF REQUEST The hospital site is located within two different zoning districts. The northern portion of the site is zoned RB, Two-Family Residential. The southern portion of the site is zoned RA, Single Family Residential. The mechanical addition would be located wholly within the RA district. Hospitals are allowed by Special Use Permit in the RA Zoning District. Each expansion project since 1976 has been by Special Use Permit. The proposed mechanical room would also need a Special Use Permit. Key Issues a) Building Height Buildings in the RA Zoning District are limited to 35 feet or less in height. The mechanical addition will be 14' 3" tall, which is permitted in the Zoning District. Perhaps more importantly, the height of the addition is largely masked from view by the topography of the property and the existing parking ramp, Since it would be located at the lower south level of the facility, the building as seen from Everett Street would only be about four to six feet above grade. This can be seen in the attached graphics. b) Parking & Traffic Parking and traffic volume should not change with the remodeling, The plan is not to increase capacity, rather to reorganize and update existing space. c) Impervious cover The current impervious coverage for the RA zoned portion of the site is 25.12%. The proposed coverage would be increased to 26.68%, The RA district allows 30% impervious coverage. Therefore, no variance is required. Special Use Permit requests for hospital and other institutional uses are required to have a public hearing before both the Planning Commission and the City Council. The Planning Commission held their hearing on February 9,2009. ALTERNATIVES The City Council has the following options available: I. Approve the Special Use Pelmit for the mechanical room addition. 2. Deny the Special Use Pelmit. Findings of fact should accompany a motion for denial. Lakeview Hospital Page 3 of3 3. Table the request for more information. RECOMMENDATIONS Plannin~ Commission The Planning Commission unanimously recommended approval of the Special Use Permit for the mechanical room addition with two conditions: I. Middle St. Croix Water Management Organization (WMO) rules shall be satisfied in terms of stormwater management and erosion control. Prior to issuance of a building permit, the grading plan for the project must incorporate the WMO rules and be approved by the City Engineer. 2, The exterior architectural treatment of the wall facing Everett Street shall compliment the exterior treatment of the existing hospital. Staff Staffrecommends approval of the Special Use Permit request with the two conditions adopted by the Planning Commission. cc: Shannon Bambery, BWBR Architects attachments: Resolution Plan and elevation graphics (6 pages) RESOLUTION NO. 2009- RESOLUTION APPROVING A SPECIAL USE PERMIT TO CONSTRUCT A MECHANICAL ROOM ADDITION FOR LAKEVIEW HOSPIT AL AT 927 WEST CHURCHILL CASE NO. 2009-03 WHEREAS, Lakeview Health Systems made application for approval of a Special Use Permit for a 5,500 square foot mechanical room addition to Lakeview Hospital, located at 927 W Churchill; and WHEREAS, the property upon which Lakeview Hospital is located is zoned both RA, Single Family Residential and RB, Two Family Residential; and WHEREAS, hospitals are allowed by Special Use Permit in both the RA and the RB zoning districts, as are additions to hospitals; and WHEREAS, City Code Chapter 31, Section 31-207 establishes a process for reviewing requests for specially permitted uses; and WHEREAS, according to the established process, the Planning Commission held a public hearing on February 9, 2009 to discuss the mechanical room addition, during which time no public testimony was offered, and the Planning Commission made a unanimous recommendation that the City Council approve the Special Use Permit with conditions, which are found below; and WHEREAS, on Mar~h 3, 2009 the City Council held a public hearing to consider the Special Use Permit request and found it to be consistent with the City's Comprehensive Plan and compatible with its surrounding neighborhood. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves a Special Use Pelmit for a 5,500 square foot mechanical room addition to be located on the southeastern portion of the Lakeview Hospital property, with the following conditions: 1. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department: · Proposed Addition (site plan) dated 1/16/09 · Bird's Eye View from Southeast dated 1/16/09 · Street Level View from Southeast dated 1/16/09 2. Middle St. Croix Water Management Organization (WMO) lUles shall be satisfied in telms of stollnwater management and erosion control. Prior to Lakeview Hospital Page 2 of2 issuance of a building permit, the grading plan for the project must incorporate the WMO rules and be approved by the City Engineer, 3, The exterior architectural treatment of the wall facing Everett Street shall compliment the exterior treatment of the existing hospital. Enacted by the City Council of the City of Stillwater, Minnesota this 3rd day of March, 2009. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk a) ca • Total Area = 196,700 sf ■ Existing Set Backs O II II N = II N i 2 aa) 0Ow �= IIIIIIIIIIIIII Illllllllf III BWBR Architects / 2008.122.00 / January 16, 2009 Revised Building • Total Area = 202,200 sf Mechanical Room Addition: 0 ila TD C a) ,o J co N i d Q O 0 W 711 11) E 4.1 N Q) > ' as CO o J = J r r CC a ■ ■ N BWBR Architects / 2008.122.00 / January 16, 2009 M IMCIWAMM co w 0 2 0 cc w w >- w cr _ .Utz - e : sa lio; Massing: Mechanical Room Addition = IRD EYE VIEW FROM SOUTHEA 1;-`TiI-AI=M-MWeIsIMP.)1c1=IMpffnll • N LAK EVIEW STREET LEVEL VIEW FROM SOUTHEAST BWBR Architects / 2008.122.00 / January 16, 2009 ' assin • : ' ec anuca = oom A • • itio STREET LEVEL VIEW FROM SOUTHEAST BWBR Architects / 2008.122.00 / January 16, 2009 8TH ANNUAL NATURE VALLEY GRAND PRIX STILL WATER CRITERIUM THIS AGREEMENT is made this _ day of February, 2009 between the CITY OF STILLWATER, Washington County, Minnesota ("City"), and the MINNESOTA BICYCLE FESTIVALS, INC., a Minnesota nonprofit corporation ("Festival"). RECITALS I. Bicycle Race. The City hereby authorizes Festival to organize and conduct a bicycle race to be known as the "Stillwater Criterium" (and/or the "Race") in order to foster and promote tourism within the City of Stillwater and the St. Croix Valley and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City, The Race will be set up on June 13,2009 and the Race held on June 14,2009. 2. The Race. The Stillwater Criterium will include three divisions: pro/elite men, which will be 60 minutes; pro/elite women, which will be 45 minutes; and advanced amateurs, which will be 40 minutes; and a two block long kids race. 3. Race Route. The races will start at the intersection of Chestnut and 2nd Street, traveling south on 2nd Street to Pine Street, turn east on Pine. to Broadway; then south on Broadway to Churchill, west on Churchill to 1 st Street, north on I st Street to Willard, west on Willard to 2nd Street, north on 2nd Street to Pine to the finish line. 4, Starting and Finish Line. The Race starting line will be on Chestnut and 2nd Streets. Pine and Second will be the finish line. .' 5, Fees. Festival will pay to the Greater Stillwater Chainber of Commerce (Chamber), for retention in a fund held for beautification of Downtown Stillwater, an impact fee of [$ 1,00] per participant. This impact fee will not be itemized as a separate charge on registration forms or other race related documents. 6. Parking Control. The purpose of the Parking conditions is to ensure that Downtown businesses retain parking availability for their customers during the Race. To further this purpose, (a) The City will: 1. Close Downtown City parking lot on Second Street between Chestnut and Olive and post it "No Parking on Race Day." (b) Festival will: 1. Promote parking inside the course or up the hills by Race participants, volunteers, officials, organizers and anyone traveling to Stillwater specifically for the race by including a parking map and information, along with confirmation cards sent to all Race participants, and on other pre-Race promotional literature. 11. Festival will also encourage participants to travel to the event by bicycle and will provide a secure bike corral. 7. Traffic Control Points, The intersections of all streets and roads on the Race Course (Course) will be controlled by Police or event staff. Traffic will be allowed to cross the course at every intersection, bicycle traffic permitting. In addition, Race staff will assist residents with homes on the course in getting out of their driveways and escorting them to the nearest cross street, bicycle traffic permitting. Residences with homes on the course will receive a direct mailing from Festival informing them of specific Race timelines and will be given a direct "hot line" number to reach on Race day. Further, on the night before the Race, Festival will attempt to make personal contact with owners of 2 vehicles that appear to be parked on the Race course. This will be done in conjunction with the Stillwater Police Department. Every effort will be made to minimize or even eliminate the involuntary towing of vehicles because of the Race. By April 1, 2009, a Road Closure Plan must be agreed upon by Festival and the Stillwater Police Chief. 8, Garbage and Rubbish Removal. All garbage and refuse generated by the Race, including that left by spectators, will be removed properly and disposed of by sundown on the day of the Race, 9. Portable Toilets, Festival will provide approximately _ portable toilets that will be placed near the starting line, near the finish line, and spotted throughout the course in keeping with Standard Race Requirements, All portable toilets will be removed by the close of business on Monday, June 22, 2009. In the event that all portable toilets are not removed in accordance with this requirement, the City is authorized to contract for and remove the toilets and add to costs so incurred to the costs that Festival is required to pay pursuant to S 17 of this Agreement. 10. Water Stops and First Aid Stations. Water and first aid stations will be established at the start, finishes, and throughout the race course in keeping with national standards for bicycle races. 1 I, Emergency Plan. The Race emergency plan will be designed by Festival with the assistance of Police, Fire Departments, and Lakeview Hospital Emergency Services. 12. Closing of the Course. Barricades and cones will be pre-placed on the Friday or Saturday before the Race and pulled into place on June 14th prior to the race. 3 ..( '.. ~ .. All barricades and cones will be removed and the Race courses clos~d by 4:00 p.m. on Race day. 13. Insurance. Hold Harmless. and Indemnity. The Festival agrees to indemnify and hold harmless the City with regard to any claims, causes of action or demands that might be brought against the City arising out of the events authorized by this Agreement; and further, Festival a grees to provide to the City evidence of insurance coverage of at least $1,200,000 of combined single limits covering claims that might be brought against them that arise out of the events authorized by this Agreement and to name the City as an additional insured on their policy "as their interest may appear." 14. Public Information. Festival will make every reasonable effort to notify property owners and businesses along the Race courses of any restrictions that might be placed upon their movements during the Race, Leaflets providing this information will be delivered to each such owner by mail two weeks before the race aild delivered to the mailbox of each owner on the Friday before Race day. 15. Police Power. The City reserves the right to shut down the Race in the event the Chief of Police determines that the public safety is threatened, or the health or safety of Race participants is threatened because of weather, temperatures, or any unforeseen cause that threatens the public health or safety or if closure is directed by the Medical Doctor designated by the Race in the Emergency Plan. 16. Use of Triangle Park. A picnic will be held in Triangle Park in conjunction with the Race, Stillwater area groups will be encouraged to add family activities to the activities at the neighborhood picnic. 4 . " 'r~" 17. City Costs. Festival must reimburse the City for the costs of the City Police Department, Public Works Department, and Fire Department needed to safely conduct and maintain the Race and supporting events, A deposit must be made with the City by Festival no later than one week before the Race in the estimated amount of City costs, as determined by the City Administrator after consultation with Festival. 18. Term. The term of this Agreement will be one year unless terminated earlier by the City on public safety grounds. IN WITNESS WHEREOF, the parties have set their hands effective the day and year first written above. MINNESOTA BICYCLE FESTIVALS, INC., a Minnesota Nonprofit Corporation By Andrew Dahl Its STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _ day of February, 2009, by Andrew Dahl, the , the duly authorized agent for MINNESOTA BICYCLE FESTIVALS, INC., a Minnesota nonprofit corporation. Notary Public 5 41- . . CITY OF STILL WATER Ken Harycki, Its Mayor ATTEST: Diane F. Ward, Its City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _ day of February, 2009, by Ken Harycki, Mayor, and Diane F. Ward, Clerk, for the City of Stillwater. Notary Public 6 ORDINANCE NO.: 1005 AN ORDINANCE AMENDING STILLWATER CITY CODE, CHAPTER 51, TRAFFIC THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Addine:. The City Code is hereby amended to add a new Section 51.5, subd (8) that will hereafter read as follows: "(8) After all snow has been cleared, parking is allowed on both sides of Owens Street between Wilkins Street and St. Croix Avenue." 2. Savine:. In all other ways the City Code will remain in force and effect. 3. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law Adopted by the City Council of the City of Stillwater this 3rd day of March, 2009. CITY OF STILL WATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk ORDINANCE NO.: AN ORDINANCE AMENDING THE STILL WATER CITY CODE, CHAPTER 38-3, NOISE CONTROL REGULATION THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amendinl!. Stillwater City Code Section 38-3, Noise Control Regulation, is amended by adding Section 38-3, Subd. 4 that will hereafter read as follows: "Section 38-3, Subd. 4 Variances, (a) The City Council is empowered to grant requests for waivers from the literal provisions of the Noise Control Regulation because of circumstances unique to the individual property under consideration. (b) For property in the PA Public Administration Zoning District, no waivers may be granted until a public hearing is held by the City Council and a notice of the time, place and purpose of the hearing must be published in the official newspaper of the municipality at least 10 days prior to the day of the hearing. Similar notice must be mailed at least 10 days before the day of the hearing to each owner of property situated wholly or partly within 350 feet of the property to which the request for a waiver relates. (c) In all other Zoning Districts, for events such as block parties and backyard gatherings for birthdays and weddings, the City Council may proceed to hear and grant waivers without notice if the applicant provides written letters of support from adjoining neighbors," 2. SavinI!. In all other ways the City Code will remain in full force and effect. 3. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law 2009. Adopted by the City Council of the City of Stillwater this _ day of February, CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk --- .._--------" 0] A ") BIF!:HPi,Acr or. MiNN[ City Council DATE: February 27, 2009 ITEM: Final Design and authorization to proceed with construction of the shelter in Legends Park CITY COUNCIL DATE: March 3,2009 PREPARED BY: Michel Pogge, City Planner~i BACKGROUND The Stillwater Water Board received and opened bids for the new well house at Legends Park on February 24th. Over all the bids of the project were approximately 25% under the engineer's estimate for the project. The favorable bids are a product of the current favorable bidding environment, The water board designed a replacement shelter for the Legends Park that was in the bid package for the pump house as a bid alternate, The structure is 24-foot by 16-foot and is large enough to accommodate four picnic tables. Design wise the structure carries many of the same features as the well pump house and the homes in the neighborhood. Attached is the plan for the shelter. The bids for the shelter were $17,900, $31,000, and $41,000. The low bid for the shelter was also the low bid for the well house. Staff has looked into various prefabricated options and found that the bid price of $17,900 is below what a typical prefabricated shelter of this size would cost to purchase and install. The cost of the shelter will be covered by the $90,000 that the Water Board has agreed to give the City for use of the park site for the well. JANUARY 26.2009 PARK AND RECREATION COMMISSION RECOMMENDATION On January 26, 2009, the Park and Recreation Commission reviewed and discussed the proposed plans for the well house and shelter. The Commission recommended approval of the Legends Park pump house and shelter design as presented. STAFF RECOMMENDATION Approve the final design and authorize the water board to proceed with the construction of the shelter in Legends Park at the bid price of $17,900. 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UJ 1- U UJ ....J I~ 1- W'" , :c I~ u cc 0- '" -;: z - We (/) E-t 0: UJ tv UJ z: C1i z UJ L " O~b ~o~i5 fu~rg g:~~~ ~~f' ~~Q1'5 ~~~~ ~t-~~ rUO", I-W"w I-;o..~ g~~~ a:a::Zro ~~g~ ~~~~ ffi~~ffi ~~~~ _aJ..:..:;:l Ii u :J w >- '" ~ ~ ~ 8 c m ~ .. u >= ~ u; ~ .. o z o r;: ii' U '" W o >- m ~ d z ZOdH 'wve'~ lW.p.~.~V\sfWp.lp./V\Q()OOJSt~\P~S'\Z_tl\:)t;&UMU ~ 6OOl:I9~HO :l'JlllOlOId =>K>OB 0131;1 I> MEMORANDUM To: Mayor and City Council From: Shawn S~~rs, Director of Public Works Date: February 25,2009 RE: Capital Outlay Purchase of New Loader DISCUSSION For your consideration is a request to purchase a Caterpillar Loader. Snow plowing is one of the core responsibilities of the Public Works Department and adequate equipment is essential to complete this. We currently have three graders in our fleet, and they are primarily used in the winter time for snow plowing. One of these graders is a 26 year old Caterpillar grader and it has been scheduled for replacement for quite some time. The grader had been scheduled for replacement since 2007, but the purchase has been delayed because of Capital Outlay funding limits. While the graders work fine for plowing main line streets it is time consuming when it comes to cul-de-sacs because it cannot plow in tighter areas. This is done with a I -ton plow. By replacing the grader with a loader, we would use one piece of equipment to plow both streets and cul-de-sacs instead of two. Also, a loader gives us better utilization of the equipment for street and sewer repairs and would be used in emergency situations such as flood fighting and downed trees. Through working with a vendor on the State bid list, we were able to find a 2009 Caterpillar Model 928Hz Wheel Loader, from Ziegler Inc, in Minneapolis, from their Demo/Rental fleet and including the snow plow and wing attachment at a cost of $ 111,116.76. This amount would be lowered depending on the amount of hours used while being used as a rental. This includes a trade-in of the 26 year old Cat grader of $40, I 00 even after the vendor inspected it and determined that the grader is need of $22,000 of repairs. Staffhas also explored other opportunities for the acquisition of a new loader, including rental during the winter months and purchasing a used model. Rentals are not offered anymore, but one vendor gave us a rough estimate of $9300 per month or $40,000- $50,000 per year. Used equipment generally does not come with a warranty, may come with hidden defects that could cause a major breakdown, and the purchase costs could be higher than the State bid. We figure that loaders have a 12 year life, using the contract price of$1 11,000 and an estimated trade-in value of $47,000. The 12 year annualized cost is $5300. Estimated annual maintenance 4 cost of the grader is $3500 per year, this does not include the amount of the work listed by the vendors inspection of $22,000. Purchase of the Loader would be funded through the Streets Capital Outlay, which 155,000 was budgeted. RECOMMENDATION It is recommended that Council approve the purchase of the 2009 Caterpillar Model 928Hz Wheel Loader grader with snow plow and wing attachment from Ziegler Inc. in the amount $1 I 1,1 16.76. This amount would be lower depending on the amount of hours used. ~~~ d~~ Memo To: Shawn Sanders From: Nick Chaves cc: Date: 2/24/2009 Re: Replacement of # 30 1983 Cat Grader with Purchase of 2009 Cat Loader Snow Plow & Wing The Cat Grader is 26 years old and is currently only being used as a snow plowing piece of equipment in the Croixwood area of the City, We have been looking at ways to better utilize the equipment the city owns to be more cost effective and efficient with the ability to multiple jobs. With replacing the grader with a loader setup with a snowplow and wing we still have snow removal capabilities and a machine that can be used year round assisting with the other work the Public Works Department is involved with. We currently have two frontend loaders setup with snow plows & wings and find them to be the most efficient way to plow snow in the neighborhood streets with cul-de-sac's and dead end's, at this time we use two different pieces of equipment in the Croixwood area, the grader plows the streets and a small truck with a plow cleans out the cul-de-sac's and dead end's. The loader with better visibility and turning radius should be able to do the route without help. We are at the point where we need to rearrange our current plow routes, With the current new development and as it build's out in the western part of the city with narrow streets, center islands and roundabouts freeing up the equipment and manpower from the Croixwood area would greatly improve our efficiency with snow plowing operations. Over the past few years of operation we have had to reinforce and weld cracks on the wing mounts, weld cracks on the frame, cut out and replace worn gear on the circle turn table by cutting out areas on the circle that were in good condition and welding into the areas that were worn out and adding stops to limit the turning radius of the circle, The only way to fix this again would be to replace the entire circle turn table, and at this time the machine is in need of some costly repairs as listed: 1983 Caterpillar Grader Department Purchased Date Purchased Price Estimated Life Replacement Cost Streets 6/30/1983 $93,800,00 20 years $155,000,00 Description Replace Tires Est. Cost (Parts & Labor) $5,500.00 Replace EMS Panel in Cab (non- functioning) $650,00 Replace broken front glass on Cab $750,00 Replace cylinder head gasket (leaks severely) $3,850.00 Replace leaking hydraulic oil cooler $1,050.00 Replace LH side battery cables $350.00 Lubricate transmission controls $150,00 Reseal leaking articulation cylinders $1,850.00 Reseal leaking LH tandem $2,200.00 Reseal leaking lift cylinders $1,700.00 . Reseal circle drive pinion $950,00 Repair crack on moldboard $350.00 Repair snow wing edge $350,00 Clean, complete fluid/filter PM Service $2,800.00 Total Current Repairs Needed: $22,500.00 This list was put together by Ziegler the local Caterpillar dealer when they inspected the unit for a trade value, most of the repairs needed are engine and hydraulic oil leaks which result from the machine sitting most of the time, causing the drying out the seals and gaskets which will make them leak. Even with the needed repairs Ziegler has offered the city a trade value of $40,100.00 on the purchase of a 2009 928 Cat loader from their Demo/Rental Fleet and would set it up with a snowplow and wing, MNDOT 2008-2009 State Contract # L-331 Frontend Loader expires March 31st 2009 At the time of this quote the machine had 90hrs but is still being rented any additional hours would be deducted from the purchase price @ $23.00/Hr . Page 2 Date: January 26, 2009 I Z1IIJ.ERI1 901 West 94th Street Minneapolis MN 55420-4299 ]:2: City of Stillwater Public Works Dept. 3325 Boutwell Road Stillwater, MN 5508.2 Altn,: Nick Chaves EQu.ioment: One (1) Caterpillar Model 928Hz Wheel Loader ,ziegler Inventory Unit L4185 MNOOT Contract L-331 (5) SEQ #760-108. ===================~===~;==--==========~=====~Q==--=========================== WE PROPOSE TO FURNISH IN ACCORDANCE WITH THE FOllOWING SPECIFICATIONS, TERMS AND CONDITIONS: SPECIFICATIONS 928HZ ELECTRICAL 24 volt direct electric starting 95-ampere alternator Backup alarm Directional Signals (front & rear) Halogen work lights (front & rear) Ignition key start/stop switch Switch; battery disconnect Thermal starting aid Two 950 CCA maintenance free batteries OPERATOR ENVIRONMENT Adjustable tilt steering column Cab, pte$SUrtzed & sound suppressed (ROPSIFOPS) Air conditioning/heater/defroster Radio ready Cigar lighter Coat hook Doors, sliding glass windows Electric Horn, steering wheel mounted Floormat, rubber, removable Gauges Digital gear & direction Digital hour meter/odometer Digital speedometer Digital tachometer Engine coolant temperature Fuel level POWERTRAIN Air cleaner, dry type Autosrnftlram,mission (4FWD/3REV) Axle seal guards (rear axle) Caterpillar 06.6 AC!:RT DIT MC low Emission Diesel Engine Turbocharged Aftercooled Conventional differentials - front and rear Coolant protec;tion -36C. -33F Electric engine fuel priming pump Enclosed, wet-dl~p. full hyd brake~ Engine speed control Fuellwaler separator LUbed for life drive shaft u-joinls Muffler Programmable brakeltransmission neutralizer Radiator. unit serviceable with remote reservoir Single lever lransmis~i()n control w/FNR SOS port. engine oil SOS port. transmission oil Torque converter T ransmi$sion oil level gauge Transmission 011 cooler OTHER STANDARD EQUIPMENT . Page 3 Hydraulic oil temperature Torque converter temperature Ground level cab door releases Hydraulic control lever lockout Interior & exterior auxiliary power sockets Interior light Lunch box storage w/cup holder Operator waming system indicators: Brake charge pressure low Electrical system voltage low Engine oil pressure low Hydraulic oil filter bypass Parking Brake applied Primary steering malfunction Transmission oil filter bypass Pilot hydraulic implement controls Rear view mirrors Rear window defroster, electric Seat. suspension Adjustable height, backrest. armrest Fabric or vinyl - Seat belt, 3 inch (75mm) retractable Tinted front safety glass Toolbox Wet arm wiper/washer, intermittant front llemNo. 1,1 2,2 2,3 2.5 2.6 3.1 3.2 4.1 Descriotion Base Machine Price Cab, Deluxe AMIFM Radio wI CD Ride Control Seat. air suspension Differential, limited slip. front Differential, limited slip, rear Strobe light, Whelan 1200 Tires, 20.6R25 Bridgestone VSW Hydraulics, 3 valve. 2 lever wI FNR Caterpillar FUSION Quick Coupler Bucket, 3,0 cyd GP wI SOCE Freight to Little Falls Falls PR1243 plow, LOL10 wing Falls joystick w/3 diverter valves Fenders, roading, front & rear Deduct for 90 Demo Hours @ $23/hr Total Machine Price: 6.4 7.7 7.9 7,37 7.39 8,11 12.1 Continued on Next Page . Page 4 Automatic bucket/fork positioner Automatic lift kickouts Fenders. front Recovery hitch wfpin Remote mounted lubrication points Secondary and parking brake Swing-out hydraulic driven demand fan Vandalism protection - lockable service points Z-bar lift linkage with sealed pins HYDRAULIC SYSTEMS Heavy duty hydraulic oil cooler Hydraulic controls, 2 valve. 1 Iever/FNR Hydraulic diagnostic connectors Hydraulic oil level sight gauge Load sensing steering system SOS port, hydraulic oil $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Price 96,004.00 405.00 325.00 1 ,965.00 535.00 1,305.00 1,474,00 645.00 8,500,00 2,116.00 3,850.00 4,415.00 750.00 17,591.00 5,300.00 1,325.00 12,070.00} 144,435.00 Trade-in: '83 Cat 120G sin 87V06841 Net Price: 6.5% MN Sales Tax: $ (40.100,00) $ 104,335,00 $ 6.781.76 GRAND TOTAL: $ 111,116.76 TERMS AND CQ'NOmONS -- - the prices quoted are current and are subject to change to those in e~ct at the timeo! shipment. Caterpillar products are sOld subject to the terms of the applicable Caterpillar warranty. Copies Of the warranties applicable to ttli$ purchase are attached hereto, and the purChaser by signing this order acknowledges receipt of the Caterpillar warranties. The Purc/\aser agrees to pay any "nd all taxes. assessments, licenses. and !jovemment charges of every kind .and nature whatsoever upon said equipment which may be imposed or assessed against or resulting to the Seller on account of the possession or use of said equipment by Purch.aser. All provisions hereof are contingent upon government restrictions. strikes. accidents, delays Of carrier and other delays unavoidable and beyond Seller's control. It is intended and understood thattitie and ownership of said equipment is and shall remain vested in the Seiter. notwithstanding delivery or possession. until the entire price is paid by cash in full. THIS PROf>OSALSUBJECT TO ALL PROVISIONS OF THE CO,...mACT AND W~AANTY AS SPECIFIED HEREIN: ~-=========::t:t~ . - _=========::::::;;;===:=====:::=.==~-==::~_""""_============= ACCEPTED: City ofStUlwaterPUblic Works Oept. By By Its Approved: By . Page 5 Our current replacement schedule for frontend loader is 12 years With the purchase price of $104,335,00 and estimated trade value of $47,000,00 (based on today's market for 12 year old machines) we would have an annual cost of ownership of less than $5000.00 MNDOT Contract Price: Less Est. Value after 12 years: Total acquisition cost for 12 years: 12 year annualized cost: $ 104,335,00 $ 47,000.00 $ 57,335,00 $ 4,778.00 With the 1983 Cat Grader in its current condition with the needed repairs and the annual repairs and maintenance needed to keep it in good operating condition which could possibly cost us as much as $2000 - $5000 per year, I would recommend that we replace the 1983 Cat Grader at this time, I had also asked Ziegler of the possibility of a 1 -3 year old machine that they might have in their current rental fleet; they have two loaders that would fit the city's needs and that is what the above quote is based on. The other loader is the same as the one quoted but with less hours on it. If the City was to look at purchasing a used machine 2 - 3 years old, we would not be able to buy from the MN State Bid Contract. We would have a machine without a warranty and possibility of it having unknown defects that could cause major breakdowns. It could cost the City as much if not more to purchase a used machine then to buy the 2009 loader Ziegler has quoted the City on the 2008-2009 MN State Bid Contract. HighlLowJAverage Nnlr"th ~ir.lA; ~ i""d~ J'DW n~~r-:-cjf..i~ fu~d: Highest price fo....d' L.awesi:..price_d, Vou $earcbed For-: Cafe.gory = WHEEL LOADER; Manufacturer =, CATERPILLAR;;: Model = 828G; Year From = 20:06; 'Year To = 2009; C'Dunby = US.A"; Listed Since = ....n1J20D5 .~.,,"".__...- -.L!!iI.J......=-I;-~m-..- 3 2 US $'H7.ooo US $137.500 US $S7,(K)tJ US _.500 Here is an at-a-gliance view' of current "~icksale". auction price_s~ and also c::urrent BSkina~ CM'" "Tetail"'. prices. we have done computations. on both "Equipment FO.T Safe" & '''Auction Res~ Ii:s:tiinJgs 'for the type. or equipment you 'specified. .AJboveyou see. the ,average price "Iiound. the highest & lowest prices. .and the avetrave price COIl'lpt.Jl.'ted again ,softer .t~ing out the highest & !Joowest prices:. FOr daril9cation. we.ve afiso displayed the nurnbeT ,of'listings on 'Which the computations. were pec-fOnned. (N'OTE: lte:rns without a price have been orni'tted 'from the calcUlations.) ~ C,onovricr:hf g I _n:11o~ :No1-icp !Prwar.v PDlicy s.it.... M'an Contact U,c; Copvr"gld~ ~~" by $,lUlIBdtle :Publlo.f"llrllQCornpu!;'lY' 2:00,5:. At,j t1,,~ 'r9U<<V9d'. . Page 6 ." 41 To: MEMORANDUM Mayor ~ .Ejty Council Shawn S~d~rs, Director of Public Works Nick Chaves, Assistant Public Works Superintendent Date: 2/2612009 From: Re: Street Sweeper Replacement We would like to recommend the trade of the 2001 Broom Bear Sweeper on the purchase of a 2009 Elgin Crosswind Street Sweeper for the following reasons: The City of Stillwater currently owns two street sweepers which get an average use of750 hours per year, per sweeper. With this amount of usage the Public Works Department feels it is in the best interest of the city to stay on the current replacement schedule of 8 years. This decision is based on the fact that we can still get a high trade-in value and the cost of maintenance goes up significantly when a sweeper reaches approximately 5000 hours, our 2001 Broom Bear has 4416 hours, MacQueen Equipment has inspected our 2001 Broom Bear and is offering us $40,000 for the sweeper on trade value, in the condition it is in. Right now the Broom Bear needs approximately $1 1,500.00 in repairs (see page 4), and would need a major "rebuild" within the next year($20,000 estimated), Below is a brief description and annual maintenance costs of the 2001 Broom Bear 2001 Freightliner Sweeper Department Purchased Date Purchased Price Estimated Life Replacement Cost Storm Sewer 6/3012001 $142,186.00 8 years $185,000.00 Yearly Maintenance Costs 2008 $5,580.90 2007 $6,003.38 2006 $2,393.84 2005 $1,171.57 2004 $7,225,66 2003 $7,037,85 $29,413.20 .. ~ RECOMMENDATION I would recommend we take advantage ofthe possible savings and purchase the sweeper under the 2008-2009 State Bid Contract. I would suggest option 2- the Demo Unit at a purchase price of $136,121.00. It has low miles and only 20 sweeping hours; it also comes with a full warranty and is approximately $9600,00 less thim new. $185,000.00 was budgeted for the replacement of the sweeper in the 2009 CIP Storm Sewer Surface Water Management Fund. ~~~ fJ~~ ,. .4 M........a...cQ. ueen Eq...uipment, Inc. ',. .." ,,'.. ......._c.......",...";"<?<.::,...- "'-"',. .:,' '.' . .' . Distributor of Municipal & Contractor Equipment 595 Aldine st. St. Paul, MN 55104 651-645-5726 651-645-6668fax www.lllaCQueene(j.eOlll 1-28-09 Nick Chaves Public Works Supervisor City Stillwater Public Works Stillwater, MN Mr, Chaves. Following is a quote for an Elgin Crosswind J+ street sweeper. I have included in the price the specification you have required. This pricing is based offthe 2008-2009 Minnesota State Contract No, 439459, Release No. S-843(5), Elgin Crosswind 1+ Price includes: Freightliner M2 chassis All standard items on Minnesota State Contract Rear vision camera Auxiliary hydraulic system Hydraulic wandering hose 2-4' extensions Right side gutter broom tilt LED lights package for chassis LED arrowboard Rear strobe Hopper deluge 6" hopper drain with hose Hopper inspection door with step & handle High pressure wash down Anti siphon Am/fm CD radio Remote control, heated, S/S mirrors 2-Bostrom hi back, air ride, cloth seats Air Dryer Trade-in 2001 Broom Bear Demo unit discount Total MN 6.5% sales tax Total $175,814.00 -40,000,00 -8,000.00 $127,814.00 $8.307.91 $136,121.91 '" 0), MacQueen Equipment, Inc. Distributor of Municipal & Contractor Equipment 595 Aldine sl. SI. Paul, MN 55104 651-645-5726 651-645-6668fax www.macqueeneq.com 1-28-09 Nick Chaves Public Works Supervisor City Stillwater Public Works Stillwater, MN Mr, Chaves. Following is a quote for an Elgin Crosswind J+ street sweeper. I have included in the price the specification you have required. This pricing is based off the 2009 Minnesota State Contract No. 439459, Release No. S-843(5), Elgin Crosswind J+ Price includes: Freightliner M2 chassis All standard items on Minnesota State Contract Rear vision camera Auxiliary hydraulic system Hydraulic wandering hose 2-4' extensions Right side gutter broom tilt LED lights package for chassis LED arrowboard Rear strobe Hopper deluge 6" hopper drain with hose Hopper inspection door with step & handle High pressure wash down Anti siphon Amlfm CD radio Remote control, heated, S/S mirrors 2-Bostrom hi back, air ride, cloth seats Air Dryer Dual Arm Rests Trade-in 2001 Broom Bear Total MN 6.5% sales tax Total $176,824.00 -$40,000,00 $136,824.00 $8893.56 $145,717.56 Freight, delivery & on-site training included. Yearly service inspection offered at no charge. Yearly service schools available in March, Factory training for mechanic included, MEMORANDUM To: Mayor and Council From: Rose Holman, MIS Specialist Date: February 27,2009 Subject: Software Purchase I am requesting the approval of a software purchase for the Community Development Department. This is for an upgrade to the building inspections software, PermitWorks, to include a Planning and Contractors license module. Originally, we were going to purchase a different program that would encompass all that we needed to have done, but decided that in order to save money we could make the program we were using work with some minor upgrades, The first phase of this software upgrade was approved and purchased in mid 2008, After we were up and running we moved on to the second phase which incorporated the contractors module and integration with other City of Stillwater applications. We were able to create a link with Laserfiche to capture the information from this application into our document imaging system. We have also been working at entering the precincts so that we can create precinct finders, redistrict and track election data easily, We are working on creating an import for Spring brook, our financial system, which will allow Finance to bring in permitting information to be invoiced and input to the correct accounts. This project has benefited many departments and will make many of the processes used within the City run more efficiently. The additional cost will be $3,930.32 to purchase the rest of the software and finish the integration. Money was rolled over from the 2008 Capital Outlay to pay for this upgrade and is below what was budgeted for it. ~ TR Computer Sales DATE: FEBRUARY 6, 2009 2074 E Cty Rd E, White Bear Lake, MN 55110 Phone 651.762.2453 Fax 651.762,9418 Support@PermitWorks,net TO City of Stillwater I Contractor License Module i Configuration Estimate - 6 hours @ $115/hr $1695.00 $ 690.00 Set upllmport License and Contractor Types. Set up/Import license fees and attach to License Types, Contractor Licenses end-user training to include instruction on: - use of standard features and functions - creating, issuing, and editing contractor licenses - relationship with Permits & Inspections module - license renewal process - cash receipting process - use of standard reports Annual SSP for Contractor Licensing Module I $ 395.00 i i I "~---'-----'----"~---'----"-'-~-'-~-'----'-'-'----'-.--...-----.-..------...-..-------_.!.---_---...--.-- i..__..___.._.__......__.. ~:~= I Configuration Services Estimate i ~-._"._"~~.~~..~~"...?~!'-_~....!~.~J.~~~~-~~~~..-~~~....ot~~~L. L_____ " __"_-.!otal_~~st ~ti~~~~ $1695.00 $ 110.18 $ 690.00 $ 400.14 $2895.32 Service estimates are based on prior experience multiplied by our standard hourly rate. Price Quotations are Valid for 120 Days unless specified otherwise in writing. Estimated costs cover only those products/ services described above, Any services provided outside this quotation will be billed at the standard hourly rate, Products purchases are invoiced at the time of installation and payment is due within 30 days. Services are invoiced monthly, and payment is due within 30 days. .. PermitWorkslM QUOTE TR Computer Sales FEBRUARY 18, 2009 2074 E Cty Rd E, White Bear Lake, MN 55110 Phone 651.762.2453 Fax 651.762.9418 Support@PermitWorks.net TO City of Stillwater PermitWorks G/l link with Springbrook Estimate - 8 hours @ S 115/hr S 920.00 Create Import from Springbrook into PermitWorks Create Export from PermitWorks for import into Springbrook Training 1 hour S 115.00 Total Cost Estimate I $1035.00 I QUOTATION PREPARED BY: MARYN LUTZ Service estimates are based on prior experience multiplied by our standard hourly rate, Price Quotations are Validlor 120 Days unless specified otherwise in writing, Estimated costs cover only those products/ services described above. Any services provided outside this quotation will be billed at the standard hourly rate. Products purchases are invoiced at the time of installation and payment is due within 30 days. Services are invoiced monthly, and payment is due within 30 days, ~E",\"'NEIS~1o Minnesota Department of Transportation ~ E Metropolitan District ~ R Waters Edge ~OF11'''''''!i 1500 West County Road B-2 Roseville, MN 55113-3174 '" February 1 0, 2009 Shawn Sanders Director of Public Works City of Stillwater - 216 North Fourth Street Stillwater, MN 55082 Re: Stillwater Resolution No. 2008-125 Speed Limit Authorization Requests Dear Mr. Sanders: This letter is to formally acknowledge receipt of Stillwater City Council Resolution 2008- 125, which requested "speed studies" of approximately 360 Stillwater streets. Receipt of the resolution was previously acknowledged by telephone; but it is our understanding a written response is also needed. We do have concerns regarding the number of streets included in Stillwater's request. Establishment of authorized speed limits for all roads in a city is of questionable value. Not only can doing so be expensive, it can be of questionable benefit, and difficult to maintain over time. It is also likely that statutory speed limits, whether posted or not, would be adequate for speed enforcement on many streets in the city. Please keep in mind that posted speed limits are of the greatest benefit when used on arterial or collector roads, where there is through traffic and speed-enforcement is likely. Posting speed limits for all roads in a city is very unusual and very expensive. It has also been our experience that maintaining such signing is very difficult. I suggest a meeting to define, prioritize, and possibly reduce the number of streets submitted in Resolution No. 2008-125.. Please contact Ed Brown, at the above address, if you are interested (651-234-7806). ~e~ Lars Impola, P.E. District Traffic Engineer - Program Support L1:EB An equal opportunity employer 1. 9:00 2, 9:00 3, 4, 9:10 9:10 5. 9:25 6, 9:30 7. 9:35 8. 9:50 9, 10. 10:10 11. 10:10 to 10:40 Washington -- -;:County ,.-- .A - Dennis C, Hegberg District 1 Bill Pulkrabek, Vice Chair District 2 Gary Kriesel District 3 Myra Peterson, Chair District 4 BOARD AGENDA Lisa Welk DistrictS FEBRUARY 24, 2009 - 9:00 A.M. Roll Call Pledge of Allegiance Comments from the Public Visitors may share their comments or concerns on any issue thtlis a responsibility or jUnction of Washington County Government, whether or not the issue is listed on this agenda, Persons who wish to address the Board mustJiIl out a comment, card before the meegiilegins and give it to the County Board secretaryor 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 Boarthfiir reserves the right to limit an individual's presentation if it becomes redundant. repetitive. overly argumentative, or if it is not relevalJtan issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentatiora accommodate the scheduled agenda items. Consent Calendar Public Works- Don Theisen, Director A. Contract Award to Kucera International, Inc. for Aerial Photography Mike Welling, County Surveyor B. Contract Amendments for the Campus 2025 Phase 5 Improvements (Wold Architects and Engineers/Kraus-Anderson Midwest Constructio,p Human Resources - Kay McAloney, Director V oluntary Leave Without Pay Program Property Records and Taxpayer Services- Kevin Corbid, Director Deputy Registrar Fees General Administration - Jim Schug, County Administrator A. Resolution of Appreciation for Supervisor John McPherson, West Lakeland Township B. Legislative Update Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the jUll Board on committee activities, make comments tIIlltters of interest and information, or raise questions to the staff This action is not intended toresult in substantive Board action during this time, Any action necessary because of discussion will be scheduledfor ajUturd30ard meeting. Board Correspondence Adjourn Board Workshop with Community Services- Dan Papin, Director County Human Service Delivery Systems ************************************************************************************* Date February 24 February 24 February 25 February 25 February 26 February 26 MEETING NOTICES Committee Finance Committee Personnel Committee Metropolitan Mosquito Control Regional Solid Waste Management Red Rock Corridor Commission Town Hall Meeting - Forest Lake Time 11 :00 a.m. 11 :45 a.m. 9:00 a.m. 10:30 a.m, 3:30 p,m, 6:30 p,m. Location Washington County Government Center Washington County Government Center 2099 University A venue West - St. Paul 2099 University Avenue West- St. Paul 7516.80th Street South - Cottage Grove F.L. City Hall- 220 North Lake Street Assistive listening devices are available for use in the County Board Room EQUAL EMPLOYMENT OPPORTUNITY / AFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISS10NERS CONSENT CALENDAR * FEBRUARY 24, 2009 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of the February 10,2009, Board meeting minutes. B. Approval to appoint Anthony Carr, Stillwater, to the Community Corrections Advisory Board as a minority representative to fill an unexpired term to December 31, 2009. Community Services C. Approval of agreement with Community Services, the Sheriff, and the County Attorney to administer the Child Support Enforcement program. D. Approval of the' master grant agreement between the Washington County Workforce Center and the Minnesota Department of Employment and Economic Development for April I, 2009 to March 31, 2012. E, Approval of contract with East Suburban Resources to partner with the Workforce Center on the EXTRA - Taking Action on Racial Disparities project for African American Minnesota Family Investment Program (MFIP) customers. F. Approval of Amendment #1 to Contract No, 4281 with State Operated Services to adjust the rates for two registered nurses providing services to county clients. Property Records and Taxpayer Services G. Approval of contract with Expedite! Direct Mail for printing and mailing of 2009 property tax-related documents. H. Approval of renewal of application of off sale liquor license for SSG Corporation, April 1, 2009 through March 31, 2010, in Denmark Township, Public Works 1. Approval of agreement with Washington Conservation District for 2009 professional services. * Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action, Summary of Proceedings Washington County Board of Commissioners February 10, 2009 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. Board Chair Peterson presided. Commissioner Reports - Comments - Questions The Commissioners reported on the following items: Commissioner Hegberg - reported on a meeting this week with Public Works about future plans for the overpass over Highway 36 and Lake Elmo Drive, the city of Grant contacted him because of concerns with disruptions in the neighborhoods; Commissioner Pulkrabek - attended his first Metropolitan Energy Policy Coalition committee meeting last week; Commissioner Kriesel - attended the Metropolitan Energy Policy Coalition meeting last Thursday where there was general discussion on programs pertaining to' energy conservation in government buildings; he plans to attend the deployment ceremony today in support of the 34th Red Bull Infantry Division; Commissioner Weik -reported Woodbury's town hall meeting by the legislature will be on Monday, February 23,2009 at 6:00 p.m. at 8595 Central Park Place, Woodbury; attended a town hall meeting last Saturday at Woodbury City Hall with Representative Marsha Swails, Representative Julie Buon and Senator Kathy Saltzman in attendance; she attended morning meetings at the Transportation Day at the Capitol last week; met last week with Senator Kathy Saltzman and Representative Marsha Swails to discuss Washington CoUnty's priorities with the 1-94 Corridor and the alternatives analysis study. She spoke briefly with them about the County's efforts with Minnesota Inter-Counties Association and the Association of Minnesota Counties on the repeal of the maintenance of effort and under funded mandate suspensions; Commissioner Peterson -commended Kevin Corbid, Property Records and Taxpayer Services Director, for his efforts in testifying at the United States Senate election contest hearing last week; mentioned there will be testimony given today at the House about high speed rail and on Thursday at the Senate. General Administration Approval of the following actions: January 27,2009 Board meeting minutes; Appoint Brian Zeller, Lakeland, to the Parks and Open Space Commission representing District 3 to a first term expiring December 31, 201 I ; Appoint Jen Peterson, Cottage Grove, to the Community Development Block Grant Citizen Advisory Committee, to a first term expiring December 31, 2011; Appoint Jeremy Jenkins and Regina Walker, Consumer Representatives to the Mental Health Advisory Council to a first term expiring December 3 I, 2011; Update on 2009 legislative session; Board correspondence was received and placed on file. Librarv Approval of the following actions: Presentation on the first "One County, One Book" program; Board workshop held to discuss issues related to facilities planning. Property Records and Taxpaver Services Approval of software license, software maintenance, and hardware warranty agreement with Premier Election Solutions, Inc., January 2, 2009, to December 31,2009. Public Works Approval of the following actions: Supplemental Agreement No.1, Work Order 16 and Change Orders 7-8, 10-13 with CS McCrossan Construction for the CSAH 13 road construction project; Comments on the city of Stillwater and the city of Hastings draft Comprehensive Plans; Resolution No. 2009-016, authorization to enter into Agreement No. 93903-P with the Minnesota Department of Transportation for Demolition of Bridge 5600; Contract to Veit & Company, Inc., the lowest cost qualified contractor for the demolition of Bridge 5600; Updated the Board on a request made on behalf often property owners to remove their privately owned parcels from the official map of the Big Marine Park Reserve; request was referred to staff for an informal review and to report back to the County Board in 60 days; Board workshop held to provide an update and review of the Campus 2025 Improvements - Phase 5 (South wing) Detailed Design. Sheriff Approval of Resolution No. 2009-015 for 2009 State Boat and Water Safety Grant. 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. 2/25/2009 WASHINGTON COUNTY BOARD OF COMMISSIONERS Preview of Coming Attractions MARCH 10 Workshop - Update on Maior Sections of the Comprehensive Plan MARCH 24 Lower St. Croix Watershed Management Organization Meroer Positions MARCH Metro Parks Foundation - Met Council Chair Peter Bell APRIL 7 Workshop - Update on Maior Sections of the Comprehensive Plan Report on Request to Demap 10 parcels from the Bio Marine Park Reserve APRIL 14 Workshop - Update on Maior Sections of the Comprehensive Plan APRIL 21 Aoenda - Community Volunteer Services Community Involvement Awards JUNE16 County Board of Appeal & Equalization - Evenina Meetina to be held @ 5:00 ".m. (2 hoursl JUNE 23 County Board of Appeal & Equalization (if needed) FUTURE Workshop - Metropolitan Council's Principal Arterial Study Workshop - Metropolitan Council Members The County Board will meet with Metropolitan Council members to discuss issues of mutual interest and concerns, MeetinQ with the City of Newport The County Board will meet with Newport to discuss Red Rock and future park-n- ride/commuter train station in their city. BID OPENINGS March 17 Public Works - Courtroom AudioNisual Technology Mary 17 Public Works - 2025 Campus Improvements Window Shades Pckage M:\USERSIADM\PRRADDA\WPIAGENDA\Workshops\Preview,doc , . WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * MARCH 3, 2009 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval to appoint John Rheinberger, Stillwater, to the Groundwater Advisory Committee to a first term expiring December 31, 2010. B. Approval of a service agreement with the Washington County Conservation District in the amount of $34,000 to prepare a conservation plan for the Land and Water Legacy Program. Human Resources C. Approval of a special project position of Eligibility Specialist (.25 F. T .E.) in the Community Services Department through December 3 I, 2009. Information Technology D. Approval to amend the County Fee Policy (#1032) to change or add certain fees for service charged by the Washington County Department of Information Technology. Property Records and Taxpayer Services E. Approval of resolution, application for exempt permit of Minnesota Lawful Gambling from Ruffed Grouse Society, Missi-Croix Chapter. F. Approval to renew application for on sale and Sunday liquor license for Afton Alps, Inc. for the period April I, 2009 through March 3 I, 2010. G, Approval to renew application for on sale and Sunday liquor license for the Outing Lodge at Pine Point, LLC, for the period April 1, 2009 through March 31,2010. H. Approval to renew application for on sale and Sunday liquor license for the Point, Inc. for the period April 1 , 2009 through March 31,2010. I. Approval to renew application for on sale and Sunday liquor license for Stoneridge Golf Club for the period April I, 2009 through March 31,2010. Public Works J. Approval of contract with WBS and Associates, Inc. for preliminary design services for the TH 244 and CSAH 12 safety and mobility intersection reconstruction project in Mahtomedi and Willemie for a cost not to exceed $52,760. * Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote, Commissioners may elect to rull a Consent Calendar item(s) for discussion and/or separate action, Washington ",--- --"" C ty ""'= ~ oun fI"" ~ 1. 9:00 BOARD AGENDA Board of Commissioners Dennis C. Hegberg, District 1 Bill Pulkrabek, District 2 Gary Kriesel, District 3 Myra Peterson, Chair, District 4 Lisa Weik, District 5 2. 9:00 MARCH 3, 2009 - 9:00 A.M. Roll Call Pledge of Allegiance Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County GOVPlI1It, whether or not the issue is listed on this agenda. Persons who wish to address the Board mustfill out a comment card before the meefjiJegins and give it to the County Board secretary or the County Administrator. The County Board Chair will a~u to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Boartbfiir reserves the right to limit an individual's presentation if it becomes redundv, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate thheduled agenda items. Consent Calendar Community Services - Josh Beck, Associate Planner 2009 Annual Action Plan for Community Development Block Grant and HOME Programs Public Works - Jacob Gave, Design Engineer I Final Design Services for the Hardwood Creek Trail Bridge Over CR 83 in Forest Lake General Administration - Jim Schug, County Administrator A. Position Reductions B. Legislative Update Commissioner Reports - Comments - Questions This period of time shall be used by the Commisioners 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 necessarybecause of discussion will be scheduledfor afuture board meeting. Board Correspondence Adjourn ************************************************************************* 3. 4. 9:10 9:10 REMINDER: NO BOARD MEETING ON MARCH 31, 2009 - 5th Tuesday 5. 9:20 6. 9:30 7. 9:45 8. 9. 10:05 Date March 3 March 3 March 4 March 5 MEETING NOTICES Committee Interview with applicant for the Planning Advisory Commission Finance Committee Metro ESB Executive Committee Metropolitan Energy Policy Coalition Time Location Washington County Government Center 8:30 a,m. 10:15 a.m. 10:30 a.m. 12:00 p.m. Washington County Government Center 2099 University Avenue- St. Paul lOO Empire Drive -:- St. Paul Assistive listening devices are available for use in the County Board Room . , . . . nt"".... .,"~~.. AM MM EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER We are here today to address the concerns of getting a three way stop sign and crosswalks on Northwestern Ave. and Curve Crest Boulevard along with a walking lane down the side of Northwestern Ave. We are presenting you a list of over 500 signatures on a petition from local businesses and residents who are concerned with the safety of fellow residents. On April of 2007 Cheryl Jensen was in her wheelchair crossing Curve Crest Boulevard when she was hit by a car. She was on her way to a doctors appointment located on Northwestern Ave. Cheryl was not seriously hurt and is able tell her experience, but what will be the outcome for the next person? They might not be so lucky. Many families with small children, senor citizens and people with disabilities rely on many businesses that are located on Curve Crest Blvd. A few of those businesses are: Stillwater Medical Group, Valley Outreach our local food shelf, and The Courage Center. The only mode of transportation that many of these people have are walking, bicycles, and wheelchairs. Which makes crossing this heavily traveled road very dangerous. We hope that you can make our roads safer so no one else gets hurt. Thank You. E Vallex,Ql1E!:~~ch Cara McLain Food Shelf Director 1911 Curve Crest Boulevard West. Stillwater, MN 55082 Telephone: 651.430.2739. Facsimile: 651.439.1697 cara.mclain@valleyoutreachmn.org . www.valleyoutreachmn.org ~ I I ..... ) ~i~ ~ I~ 'p ~t ~ I ~ '; ~O ~() v- 1(\ , ~,,~ / ~ ~",,' ./ "':'<~~I 0 ~,.., ~ \.... : ~ u ! I , ... ~r~"""" ~ /7 '\ '" ~ , ~;J ~,>- .a~ ~ ~~~V~. '.,~~ l/..~I-':~''\ ~~ ~'~ ! 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