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Home My WebLink About2009-10-20 CC Packet• I N/ ater TIE $IITKPLACE Of MINNESOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street October 20, 2009 REGULAR MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES — Possible approval of October 6, 2009 regular and PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Resolution 2009 -173, statement of support for the Guard and Reserve OPEN FORUM The Open Forum is a portion of the Council meeting to ad the meeting agenda. The Council may take action or reply at` <t staff regarding investigation of the concerns expressed. •, " t o limit your comments to 5 minutes or less. 7:00 P.M. sed minutes STAFF REPORTS 1. Police Chief 3. City Clerk 2. Fire Chief 4. Community Dev. CONSENT AGENDA (Roll Call) 1. Resolution 2009 -172, directin s Council n time of the sfi • ect for othe bjects'tyhich are riot a part of ent or%ay give direction to atte ce • lease PUBLIC HEARINGS - Out of re or Tess. 1. This is the date and a for a p license to Oliver &,.z "ouis, Inc., DBA.1 Notice was pub published in the Stillwater or other* in atten 7. Finance Director 8. City Administrator ce, please limit your comments to 10 minutes aring to co side e issuance of a Wine & Strong Beer liquor Bikery lo c ed at 904 4th Street, Oliver Vrambout, applicant. tte on 'lober 7, 2009 (Resolution — Roll Call) UNFINISHED BUSINE 1. Possible remova NEW BU SS 1. Pos 2. Possi 3. Possib 4. Possible 5. Recomm %ii — Roll Call) 6. Heritage Pre 7. Possible appr (Resolution — stop signs at royal to ilro� :` crossing on Hazel Street (Resolution — Roll Call) back-'• solution for City network I to purc wall for the St. Croix Valley Recreation Center Willard Street stairs repair n of feasibility report for 2010 Street Improvements (Resolution- Roll Call) ntown Parking Commission on Parking Structure Fee Schedule (Resolution ton from rvation Commission Request of SafeAssure Contract and quotation for work at Public Works facility for training II CaII). 8. Discussion on Dairy Queen proposal for St. Croix Valley Recreation Center 9. Possible approval to apply for Legacy Grant for Hersey Bean Wall Restoration (Resolution — Roll Call) 10. Possible approval of St. Croix Valley Recreation Center & Lily Lake Management Agreement (Resolution - Roll Call) 11. Possible reappointments to Library Board (Resolution — Roll CaII) 12. Discussion on entering into 2010 Fuel Consortium (Resolution — Roll Call) 13. Traffic Committee recommendation on request for crosswalk at Northwestern and Curve Crest 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 ess a Council Member or citizen so requests, in which event, the items will be removed from the consentt -end considered separately. 2 RESOLUTION 2009 -172 DIRECTING THE PAYMENT OF BILLS BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the bills set forth and itemized on Exhibit "A" totaling $749,362.47 are hereby approved forjpayment, and that checks be issued for the payment thereof. The complete list of bills (Exhibit "A ") is on file in the office of the City Clerk and may be inspected upon request. Adopted by the Council this 20th day of October, 2009. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2009 -172 10,000 Lakes Chapter of ICC Action Rental, Inc. Adolfson & Peterson Construction Amdahl Locksmith, Inc. Aramark Uniform Services ARM of MN Aspen Mills AT &T Ballis, Tom Brines Market Bryan Rock Products, Inc. Buberl Recycling & Compost Carlson Sports Marketing CARQUEST Auto Parts CATCO Parts and Service Chestnut LLC City of Mahtomedi Clark, Luann Coca -Cola Bottling Company Commissioner of Transportation CPMI Cub Foods Dept. of Employment and Economic Dev. Emergency Automotive Technologies, Inc. Emergency Medical Products, Inc Ess Brothers & Sons Inc. Fixmer, Don Fleishhaker, Dave GFOA Gopher State One Call, Inc. Hartland Fuel Products, LLC Heritage Printing, Inc. Holiday Credit Office Horwath, Patrick Hotsy Equipment of Minnesota Hydrologic I.C.E. Marketing & Consulting Ltd. Ice Skating Institute International Code Council, Inc 1 & L Electrical Services J.H. Larson Electric L & D Sign L.T.G.Power Lake Superior College Mechanical Code Seminar 12/16/09 Concrete and Rental of Mixing Trailer Stillwater Parking Structure Service Call 216 Wilkins St. W. (Kilbourne) Mats, Janitorial Supplies, & Uniforms Recertification Courses Uniforms Telephone Reimburse for Supplies /Fire Open House Funeral Officer Heroux Lime Tree Removals DQ Blizzard Ice Rink Sign Equipment Repair Supplies Vehicle Repair Charges Parking Ramp Rental 6 Parking Stalls Annual Rec Center Ice Arena Installment Clean at City Hall /PW Soda for Concessions Bituminous Street Recertification Stillwater Parking Structure Fire Prevention Dinner, Breakfast & Concessions Unemployment Benefits Third Quarter Vehicle Repair Charges Safety Equipment Manhole Rings Repair and Clean Maxkie Mixer Audio Reimburse Work Boots Membership 11/1/2009- 10/31/2010 Billable Tickets September Fuel Business Cards Fuel Grading Escrow Refund 655 Newman Trl Nozzle Equipment Repair Supplies Equipment Repair Supplies Bronze, Gold, Silver Metals for Rec Center General Code Supplies Lift Station Repair Market Drive Equipment Repair Supplies Lift Station Repair Equipment Repair Supplies Mn /DOT Technical Certification Program 170.00 950.70 494, 769.49 75.00 747.64 150.00 1,329.13. 79.42 444.54 359.95 87.31 650.00 110.00 277.29 76.84 120.00 17,500.00 1,057.50 585.15 150.00 2,025.16 284.28 2,422.91 31.02 166.24 1,192.12 128.62 50.00 190.00 548.10 2,683.05 172.76 17.28 1,500.00 11.42 19.53 278.25 105.00 440.89 147.00 520.14 161.60 10.39 150.00 EXHIBIT " A" TO RESOLUTION #2009 -172 Page 2 League of Minnesota Cities Lennar of Minnesota Linner Electric Co. LMC Insurance Trust LogoStitch, Ltd. LSA Design, Inc. Mac Queen Equipment Inc. Magnuson Law Firm Maximum Solutions, Inc. Menards Metro Fire Municipal Code Corp. Nardini Fire Equipment Northwest Health and Safety Inc. Office Depot OnSite Sanitation Plant Health Associates Quill Corporation Riedell Shoes, Inc. Snap On Tools St. Croix Boat & Packet Co. Stillwater Collision & Restoration Stillwater Medical Group Stillwater Towing Stork Twin City Testing Corporation Sun Newspapers SW /WC Service Cooperatives T- Mobile T.A. Schifsky & Sons, Inc. Toll Gas & Welding Supply USA Mobility Wireless, Inc. Washington Conservation Distr Washington County Dept of Public Zack's Inc. Worker's Compensation Insurance Grading Escrows Refund Electrical Supplies LMCIT Litigation Costs Bruggeman Embroidered Sweatshirt/Rec Center Stillwater Parking Ramp Equipment Repair Supplies Prosecution Services Annual Service Agreement Equipment Repair Supplies Leather Front for Helmets 64 Supplement Pages Annual Fire Extinguisher Maintenance Alarmed AED Defibrillator Cabinet Office Supplies Unit Rental Fall Art Show Professional Service for September Office Supplies Skates for Resale Equipment Repair Supplies Monthly Arena Billing Painting New Squads Physicals New PT Fire Fighters Towing, Dodge Caravan SE 2009 Street Project Publication Retiree Health Insurance Cell Phone Curb and Fine Asphalt Acetylene Pagers Lab Charges Food License Renewal Measuring Wheels 2,777.41 9,000.00 205.20 4,531.17 43.00 17,633.14 413.65 7,689.33 785.66 148.65 73.07 1,375.70 77.50 297.69 411.68 516.82 600.00 159.64 691.85 16.29 49,184.75 2,000.00 884.00 106.88 147.50 182.25 43,604.44 42.12 874.91 28.29 47.00 527.12 746.00 122.08 EXHIBIT " A" TO RESOLUTION #2009 -172 Page 3 LIBRARY Ace Hardware Arney, Barbara /Mapworks Baker &Taylor Baker & Taylor , Inc. BWI Book Wholesalers Demco, Inc. G & K Services Mid - America Business Systems Midwest Tape Random House, Inc. Scholastic Library Publishing Value Line Publishing Inc. Washington County Library Waste Management - Blaine Water Works Irrigation LLC ADDENDUM Aramark Uniform Services Aspen Mills BCA /Training & Development Campion, Barrow & Associates CDW Government, Inc City of Oak Park Heights Cole Papers GCR Minneapolis Truck Tire Ctr Kustom Signals, Inc Lennar of MN Lunn, William Menards Midwest Gang Investigation Association Office Depot Qwest Shorty Laundromat Stillwater Equipment Company Inc. Stillwater Gazette Streicher's Veterans Memorial Janitorial Supplies Books Rental Books Film /Video Books Processing Supplies Rug & Towel Service Maintenance Contract Rental DVD's Audio Books A1A Investment Survey Data Base Searching Garbage Pickup 9/24/09 Winterization Lawn Sprinkler System Mats Uniforms Training Registration Professions Services Printer Ink Coverage for Officer Heroux's Funeral Janitorial Supplies Tires General Supplies Grading Escrow Refund Refund Overpayment on Admin Citation Measuring Wheel Training Registration Office Supplies T1 line to Public Works /Washington County Dry- cleaning EZ -Jim Car Door Opener Yearly Subscription Supplies for Hand Gun Parking Lot Maintenance Agreement 413.90 42.00 149.68 2,307.05 14.61 28.06 453.92 745.00 253.89 24.00 148.20 898.00 1,847.56 88.35 150.00 56.10 161.56 120.00 390.00 96.74 1,231.78 439.84 459.57 75.81 9,500.00 10.00 49.99 20.00 260.75 669.84 66.00 86.00 109.00 48.07 4,347.00 EXHIBIT " A" TO RESOLUTION #2009 -172 Page 4 Washington County Washington County West Government Services West Title, LLC, Voyager Bank West Title, LLC, Voyager Bank Xcel Energy Zayo Adopted by the City Council this 20th Day of October, 2009 September Radios Third Quarter MDC'c September Contract Charges for CLEAR Refund Garbage Payment Accidently Cashed Refund Duplicate Assessment Payoff Electricity, Natural Gas City Hall Phone Total 1,566.98 5,625.00 84.70 306.34 670.54 35,980.87 475.28 749,362.47 Summary of Proceedings Washington County Board of Commissioners October 13, 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 items: Commissioner Weik — reported on the Woodbury Lion's meeting which heard a presentation by the Woodbury City Administrator dealing with alternative energy system ordinances in the city and sustainable design; She attended the I -94 corridor meeting the where County was designated the fiscal agent and they added Baytown Township as a non - voting member; Today she will be taping the County Insight with segments to include a Community Corrections visit, tour of the new court rooms and an update on the Yellow Ribbon initiative; 4 -H youth has partnered with Pampered Chef to host a fund raising event at the County fairgrounds on Sunday, October 18; and she will attend an annual business network convention for businesswoman this weekend in St. Cloud; Commissioner Kriesel — reported on the Metropolitan Emergency Services Board meeting which learned that the Minnesota Department of Health will be setting up a 1 -800 number to handle the H1N1 medical calls coming in which is designed to alleviate a lot of those calls going to 911; he reported on a 4 -H and Minnesota Extension meeting he attended to discuss the possibility of looking for state funding for 4 -H and other options such as the United Way; and he received a letter from Colonel Kevin Gerdes, Director of Personnel for the National Guard, stating that Washington County has been named the first Yellow Ribbon Network County in the State of Minnesota; Commissioner Hegberg — met with the City of Hugo to discuss business retention; he attended the Public Employee Retirement Association meeting and reported they will probably propose to the legislature an increase to employer contributions of 1/4% of wages and to suspend COLA increases for a couple of years; the Minnesota Counties Insurance Trust will be considering a name change at their annual meeting in December, not taking on school districts, and phasing out some other organizations they have included over the years; and he will not be at next week's Board meeting he will be attending the Association of Government Risk Pools meeting; Commissioner Peterson— stated she will be filming the County Insight today, will attend the Wakota Bridge meeting on Wednesday, and the State Rail Plan will be presented at the Union Depot on Wednesday; Thursday, Ray LaHood, U.S. Secretary of Transportation, will be the speaker at the economic speaker's luncheon at the Hyatt Regency; and she participated in the Counties Transportation Improvement Board interview for administrative services and they are recommending that Richardson- Reichert be selected. Community Services Approval of the following actions: - Appoint Janet Snell, Oakdale, and Margaret Hart, Oak Park Heights, to the Child Protection Citizen Review Panel, to first terms expiring June 30, 2011; - Biennial Service Agreements for the Minnesota Family Investment Program and the Children and Community Services Act for the period effective January 1, 2010 to December 31, 2011; Agreement with Housing and Redevelopment Authority to use $104,347 in 2009 Community Development Block Grant funds to assist in the purchase and rehabilitation of up to eight foreclosed upon rental units; Agreement with Minnesota Department of Employment and Economic Development to administer a grant and provide reemployment services to laid -off Andersen Windows employees. General Administration Approval of the following actions: - Resolution No. 2009 -109, 2009 AMC Achievement Award applications for the Community Correction summer urban boat project; Resolution No. 2009 -110, 2009 AMC Achievement Award applications for the Public Health and Environment Environmental Center; Grand opening of the Environmental Center will be held on October 19 beginning at 4:00 p.m. Board correspondence was received and placed on file; Board workshop held for an update on active Land and Water Legacy Program projects. Property Records and Taxpayer Services Adoption of Resolution No. 2009 -104, recommending approval to set aside a portion of the annual distribution of net revenue from tax forfeited land sales. Public Health and Environment Adoption of Resolution No. 2009 -105, certification of unpaid County Environmental Charges. Public Works Approval of the following actions: - Resolution No. 2009 -106, final payment on CSAH 19 construction project to Valley Paving, Inc., Resolution No. 2009 -108, approve memorandum of understanding for the County Road 83 project in Forest Lake, Minnesota. Sheriff's Office Approval of the following actions: - Accept donation for the Explorer Program from Pinky's Environmental Sewer Service in the amount of $200; Dispose of the county's two baggage scanners by donating them to the Chisago County Sheriff's Office; Sub -grant agreement with the Metropolitan Emergency Services Board which awarded Washington County $99,588.37 in Public Safety Interoperable Communications System grant funding and authorize the expenditure of up to $24,897.09 in county funds to meet the match requirement in the sub -grant agreement; Resolution No. 2009 -107, grant agreement with the State of Minnesota for the auto theft prevention project. f A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners October 6, 2009 Present were Commissioners Dennis C. Hegberg, District 1; Gary Kriesel, District 3; Myra Peterson, District 4; and Lisa Weik, District 5. Commissioner Bill Pulkrabek, District 2; absent. Board Chair Peterson presided. Accounting and Finance Approval to continue independent audit services with Larson Allen, LLP for the next three fiscal years (2009- 2011). Commissioner Reports — Comments — Questions The Commissioners reported on the following items: Commissioner Weik — reported that the number for Library usage is up and that in Woodbury alone there were almost 10,000 more loans this August than last year; She attended the Woodbury city -wide Yellow Ribbon event kickoff held on September 28; the Metropolitan Energy Policy Coalition held a discussion with a state legislative panel on energy priorities for next year; and she attended the City of Woodbury development tour last week; Commissioner Kriesel — reported that the Metropolitan Energy Policy coalition also discussed global warming; he attended the Grant Evaluation and Ranking System Committee which appointed Mayor Bill Hargis of Woodbury to the Counties Transit Improvement Board as a non- voting member; and he attended several meetings of the Yellow Ribbon committee in Woodbury, Mahtomedi, and Lake Elmo; Commissioner Hegberg — reported that on his economic development bus tour of Hugo they found that some of the houses that planners thought would sell have not sold; and he attended a meeting regarding Judicial Ditch 2; Commissioner Peterson — announced that the Transportation Alliance will hold their annual meeting on Thursday, November 5 in St. Cloud; on September 30 she testified at the LCCMR meeting and explained why the county hadn't sold bonds for land purchase; the AMC has changed the formula for dues because the assessed evaluation has changed dramatically throughout the State; next Wednesday there will be a presentation of the State Rail Plan at the Union Depot; and she encouraged all the Commissioners to attend an economic speaker's luncheon at the Hyatt Regency on October 15. Community Services Approval of the following actions; - Appoint Martha Gerkey, Stillwater Township, and Guy Sederski, Oak Park Heights, to the Child Protection Citizen Review Panel, to first terms expiring June 30, 2011; - Contract with HealthPartners, Inc. to provide Mental Health Targeted Case Management for individuals diagnosed as seriously and persistently mentally ill and to purchase the county's vendor network for individuals on Medical Assistance waivers. General Administration Approval of the following actions: September 8, 15, and 22, 2009 board meeting minutes; Designate the 2009 Association of Minnesota Counties Delegates; Board correspondence was received and placed on file; Board workshop held to discuss the proposed 2010 budget with Public Health and Environment, Accounting and Finance, Human Resources, Information Technology, and Administration; Board workshop held to review draft criteria for the Land and Water Legacy Conservation Plan. Human Resources Approval of Post Employment Health Care Savings Plan for the Captains and Commanders. Property Records and Taxpayer Services Adoption of Resolution No. 2009 -103, approving the classification of 25 tax- forfeited parcels as non - conservation. Public Health & Environment Approval to enter Amendment #1 with Comfort Keepers, Cottage Grove, for home and community based health services. Public Works Approval of the following actions; Budget amendment in the amount of $43,000 for replacement of well at the Lake Elmo Park Reserve primitive campground; Resolution No. 2009 -099, trunk highway 95 detour agreement with the Minnesota Department of Transportation; Resolution No. 2009 -100, bid award for turn lane construction project on CSAH 13 in the City of Lake Elmo to Tower Asphalt, Inc.; Resolution No. 2009 -101, agreement to state transportation fund local improvement program grant terms and conditions for CSAH 13 turn lane construction in the City of Lake Elmo; Executive Session held to discuss the proposed cost of right of way and appraisal in connection with the SW quadrant of County Road 83 and I -35. Sheriff's Office Adoption of Resolution No. 2009 -102, Minnesota State patrol grants for 2009 -2012 including: Safe & Sober, Night Cap, HEAT, Motorcycle Task Force and EUDL. 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. • October 8, 2009 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson Linda Countryman, Supervisors Jim Hiniker, David Johnson, Sheila -Marie Untiedt and Matt Beane, Stillwater Township Clerk Pat Bantli, Deputy Clerk Kathy Schmoeckel, Attorney Soren Mattick, Engineer Paul Pearson, Planner Sherri Buss, Treasurer Carol Collins and Chief of Police Steve Nelson. 1. AGENDA - M /S /P Hiniker /Beane moved to adopt the agenda as amended. (5 ayes) 2. MINUTES - M /S /P Untiedt /Hiniker moved to approve the 9/10/09 Stillwater Town Board Meeting minutes as written. (5 ayes) 3. TREASURER - a) Report given. b) Treasurer Resignation - Carol Collins has a new full time job and would like a replacement as soon as possible. c) The following claims and checks were approved for payment. 19264 Billie P. Bantli $ 454.77 19265 Matthew R. Beane 314.46 19266 Carol L. Collins 246.40 19267 Kathleen Nelson 435.20 19268 Stephen Nelson 1,089.73 19269 Robert P. Ranalia Sr 332.46 19270 Kathryn Schmoeckel 339.35 19274 Allied Insurance 100.00 19275 Billie P. Bantli 153.08 19276 Bryan Rock Products, Inc. 2,227.51 19277 Carol L. Collins 63.75 19278 James Doriott 114.71 19279 Campbell Knutson, PA 3,809.19 19280 MJ Raleigh Trucking, Inc. 10,156.46 19281 MFRA 8,739.38 19282 Kathleen Nelson 123.20 19283 Stephen Nelson 1,020.05 19284 On Site Sanitation 318.48 19285 Qwest 108.42 19286 Robert P Ranalia Sr 79.26 19287 Kathryn Schmoeckel 33.20 19289 Stillwater Gazette 211.98 19290 Valley Green Lawn & Landscape 1,006.97 1• Stillwater Town Board Mtg. — 10/8/09 Page 2 19291 Washington Co. Public Safety Radio 33.34 19299 Security Response Services 404.42 90024 Xcel Energy 111.00 90025 Internal Revenue Service 583.86 90026 PERA 246.13 90027 MN Dept of Revenue 17.77 4. CLERK - Clerk Pat Bantli will contact Mantyla Well to turn off the water in Otto Berg Park after checking with Rick Jacobson to see if any events are planned. 5. ATTORNEY - a) Otchipwe Trails - The homeowners' association is prepared to buy the tax forfeited parcels. The Township will buy them from the County and then sell them to the homeowners' association for that amount plus administrative expenses. M /S /P Hiniker /Beane moved to authorize the Attorney to send a check in the amount of $11,708.11 to the County after receiving funds from the homeowners' association for escrow in the amount of $13,500. (5 ayes) b) Website - There was discussion as to whether there is liability to the Township if our website has a classified type advertising and does it matter if the ads are paid for or free. There will be more discussion at the next meeting. 6. PLANNER - a) Zoning Ordinance Amendment - Plant Nurseries Commercial - Planner Sherri Buss reviewed the discussion at the public hearing from the last Planning Commission meeting. There was discussion of the process with respect to the Bergmann COC and whether to delay voting on the ordinance amendment to give Mr. Bergmann further opportunity to review the wording or to pass it now to move the process ahead. The "agritainment" aspect of his business will be dealt with in his COC. M /S /P Untiedt /Countryman moved to approve the Zoning Ordinance amended for the Plant Nurseries - Commercial. (3 ayes, Hiniker, Johnson nay) b) Bergmann COC - Mr. Bergmann has asked for a time extension. He has requested a preamble to the COC giving the history of his business. The consensus was to use our standard COC. c) Trooien COC - Sherri Buss summarized this application which involves a COC for land clearing to be done as soon as possible after approval of the COC. She reviewed the proposed conditions in her memorandum dated October 2, 2009 with updates. Engineer Paul Pearson added a seventh condition that "The Applicant shall get an NPDES permit if the disturbance is more than one acre." M /S /P Johnson /Beane moved to approve the Trooien Certificate of I • Stillwater Town Board Mtg. — 10/8/09 Page 3 Compliance with the conditions 1 -6 in TKDA's memorandum as amended with the addition of condition #7 from Paul Pearson. (5 ayes) d) Communications Approach for Quick Decisions on Application Process - There was discussion as to how to handle issues that arise between meetings that need a quick response. Sherri Buss has the authority to decide on her own, to call the Chair, or to tell the applicant they need to come to the next meeting. e) Dog Kennel Ordinance - There will be a public hearing at the next Planning Commission meeting as well as a public hearing on the Sewer System Ordinance. f) Palmer Property - Sherri Buss received a question regarding retail use on the Palmer property. 7. CHIEF OF POLICE - a) Report given. There were 12 burning permits with 3 for buckthorn. One dog was impounded that was not claimed. b) Steve Nelson finished the annual firearms qualification and there is a new requirement for an OSHA policy on noise. He is looking into it. c) He has started his annual CUP checks. Bruette needs to be cleaned up. There will be more information at the next meeting. d) He had pictures of the buckthorn clean -up at Little Carnelian Park. He has put in a request to Sentence to Serve for next year. He suggested the Park Committee should look into plantings including shrubs or a fence for the neighbor's privacy. e) He is working on updating policies and procedures. f) There have been bear and coyote sightings. 8. ENGINEER - a) 2009 Road Maintenance Contract - A bid was received from Raleigh for a 2 year or a 3 year period. Paul Pearson compared the two periods and believes the 3 year period is a little less expensive if inflation is around 3 -1/2 %. M /S /P Untiedt/Hiniker moved to approve the Three Year Road Maintenance contract. (5 ayes) Paul Pearson will work with Soren Mattick in developing the contract to be effective October 9, 2009 and he will also talk to Carol Collins about the numbers for the budget. b) McKenzie /Laabs Trail Easement - As soon as the leaves fall they will be out doing the survey work. Attorney Soren Mattick had left a phone message with the McKenzies to advise them that the survey work will be done but he has not heard back from them to reconfirm their intentions. He will continue to try to contact them. The survey should not be done until we have the McKenzies approval. The survey should cost about $2500 to $3000. c) Road Signage - In 1990 OSM had done a report on sign replacement. Paul Pearson had checked with Washington County to see what kind of program they have and they send two people to drive around at night to see if the signs are Stillwater Town Board Mtg. — 10/8/09 Page 4 still reflective. David Johnson offered to work with Paul Pearson to set something up. Supervisors were asked to notify Paul Pearson if they see any signs that need to be replaced. Steve Nelson will also be asked to check on signs when he is out driving at night. 9. PLANNING COMMISSION - Jim Hiniker reported on the recent Planning Commission meeting. 10. PARK COMMITTEE - Matt Beane reported that the Park Committee has recommended approval of a Friends of Stillwater Parks program. The attorney will be asked what is involved. The issue of a .dog park was discussed and whether we could work with the City of Stillwater to establish one on the Township property across from the Town Hall. 11. COMMUNICATION COMMITTEE - Pictures of the Town Board will be taken to be put on the website. Sheila -Marie Untiedt gave an update of the last meeting. There was discussion of posting voting records on the website and the consensus of the Board is that the record is already posted in the minutes. 12. BOOM SITE RESOLUTION, - The Township supports the transfer of management and ownership to the National Park Service. The resolution will be signed at the next meeting. 13. TREASURER POSITION - Sheila -Marie Untiedt will have something put on the web site and an ad will be placed in the Stillwater Gazette. If interest is not sufficient by early November, an item will also be placed in the upcoming newsletter. 14. ADJOURNMENT - The meeting was adjourned at 9:45 p.m. Clerk • Chairperson Approved Yellow Ribbon City Action Plan Stillwater, Minnesota Purpose: Train and empower common reintegration. City to mentor: City of Hugo Apprentice City Contact: Chuck Haas, City Council Member Date of Apprentice City Training: leaders to support service members and their families during deployment and 1) Mission Statement In continuing Minnesota's proud history of supporting our nation's military, Stiliwater's Yellow Ribbon Campaign is a diverse group of citizens and community leaders dedicated to engaging local communities by; providing community education, organizing family support and recognizing military service members and their families. 2) Focus Areas (minimum of 3) a) Veteran care: b) Family member care: c) You th care: d) Community support: 3) Action Ideas City Leadership — Mike Polehna, Council Member Idea (What you intend to do) Develop Awareness Campaign Owner (Who will be in charge) Mayor, City Administrator, Committee Chai Coordinate Training for local agencies City Leadership -State Yellow Ribbon Training Program Facilitate development of community Major and City Administrator action plan Communicate committee activities to City Leaders for ongoing support /awareness Committee Chair Employers — Chamber of Commerce Idea (What you intend to do) Create Veteran - Friendly hiring opportunities Owner (Who will be in charge) Employers Time (When you plan to accomplish) Continuous Area (What Focus Area does this affect) Family Member Care, Community Support Family Member Care, Youth Care All Continuous - Meeting minutes sent to All Mayor and City Council Monthly Formal quarterly update to Council at City Council Meeting Time (When you plan to accomplish) Area (What Focus Area does this affect) Family Member Care Solicit businesses to provide free /discount services for Families of deployed Service Members Committee Chair On going Family Member Care Updates to Stillwater Rotary Club and Committee Chair Stillwater Chamber of Commerce Quarterly Family Member Care Provide representation from Business Committee Chair Leaders to Warrior to Citizen Committee Family Member Care High Demand Services Employers Can Provide Auto Repair YES Tax preparation YES Carpentry YES'' Electrical Repair YES Child Care YES Computer Assistance YES Appliance Repai YES Plumbing Repair YES Financial Management YES Legal Assistance NA Events Committee — Mike Polehna Idea (What you intend to do) - Co Chair, Buzz Kr esel - Co Chair Owner (Who will be in charge) Time (When you plan to accomplish) Committee Monthly Area (What Focus Area does this affect) All Monthly meeting to provide oversight and coordination of action plan activities Care packages /cards to deployed Soldiers Committee Chair Quarterly Family Member Care Organize and Sponsor Reintegration Events Committee Chair As required Veteran and Family Member Care Assist in Coordinating 4th of July Programs Committee Chair, VFW Annually July Veteran Care and Community Support Assist in Coordinating Lumberjack Days Programs Committee Chair, VFW Annually -July Veteran Care and Community Support Assist in Coordinating Veterans Day Programs Committee Chair, VFW Annually - November Veteran Care and Community Support Military Mother/ Grandmother Recognition Luncheon Committee Chair Annually starting Family Member Care Free baby sitting for Military Families Committee Chair, Local Participants As required Family Member Care, Youth Care Arrange help /get together with deployed unit families Committee Chair, Veterans Organizations As required(partnership with local FRG leaders) Family Member Care Military Family Day /Sports Camp Committee Chair, Veterans Organizations Annually starting Family Member Care, Youth Care Adopt Local Families of deployed Service Members Committee Chair, Veterans Organization As required Family Member Care, Youth Care, Community Support Partner with community organizations to provide volunteer services from veterans and committee members Faith Based Communities Idea (What you intend to do) Provide prayer, counseling, and comfort to families Offer marriage retreats for deploying /reintegrating couples Committee Chair Owner (Who will be in charge) Local Churches As required Time (When you plan to accomplish) Ongoing TBD Community Support Area (What Focus Area does this affect) Family Member Care Family Member Care Offer youth activities /camps for children of deployed Service Members Warrior to Citizen, Local Churches TBD Family Member Care, Youth Care Train faith based communities to become "military- friendly" and set outreach /relationship opportunities Committee Chair, Veterans Organizations, Faith Based Community Leaders Family Member Care, Youth Care, Community Support High Demand Services Faith Based Coml unities Can Provide Lawn- mowing & raking YES Snow shoveling YES Child care YES Light home maintenance Yes Yard & garden upkeep YES Meal preparation YES Housecleaning YES Painting YES Health and Wellness — Paul Erickson, Lakeview Hospital Foundation Chair Idea (What you intend to do) Provide family care Provide family care Provide family care Provide family care Owner (Who will be in charge) Time (When you plan to accomplish) Area (What Focus Area does this affect) Lakeview Hospital Ongoing Human Services,' Family Me K -12 Teachers & Administration Family Member Care Family Member Care Family Member Care Family Member Care Idea (What you intend to do) Conduct staff and faculty training on unique challenges of children and staff with a deployed family member Owner (Who will be in charge) Time (When you plan to accomplish) Area (What Focus Area does this affect) Family Member, Youth Care Coordinate Early Childhood Family Education classes on parenting for Service Members and Families of deployed Administration and Counselors Develop Support Groups at Stillwater Administration and Counselors Junior and Senior High Schools Family Member, Youth Care Family Member, Youth Care Law Enforcement — Stillwater Police Chief John Gannaway Idea (What you intend to do) Conduct training for law enforcement officers to increase awareness of Veteran challenges Prepare law enforcement leaders for reintegration of returning Veterans to the force Host events for military families to Meet and Greet local law enforcement /tour police department Owner (Who will be in charge) Time (When you plan to accomplish) Completed - Additional training Area (What Focus Area does this affect) Family Member Care, Veteran Care As required Family Member Care, Veteran Care Family Member Care Veterans Organizations — Christopher Johnsen Co Idea (What you intend to do) Provide mentorship to returning Veterans Chair, Johnnie Johnsen Co - Chair Owner (Who will be in charge) VFW and American Legion Commanders Time (When you plan to accomplish) Area (What Focus Area does this affect) Family Member Care Honor the service and sacrifice of deployed /reintegrating Soldiers Communicate Veterans benefits to local Service Member VFW and American Legion Continuous Veteran Care VFW and American Legion Continuous Veteran Care Education / Presentations VFW and A Community Support and Veteran Care Volunteer and Community Service Organizations — Jim Rausch — Chair, Ken Harycki - Vice Chair Idea (What you intend to do) Owner (Who will be in charge) Time (When you plan to accomplish) Area (What Focus Area does this affect) Provide an adopt a family program Local Boy Scout Troops Ongoing Family Member Care Rotary Club High Demand Services Volunteer and Community Service Organizations Can Provide Lawn- mowing & raking YES Snow shoveling YES Child care YES Light home maintenance Yes Yard & garden upkeep YES Meal preparation YES Housecleaning YES Painting YES X Gary Kriesel X Ken Harycki Warrior to Citizen Community Leader Mayor, City of Stillwater X Mike Polehna Mayor, City of Stillwater er INE EIEINIL✓1 CE Nf NINNEEEI► CITY COUNCIL MEETING October 6, 2009 REGULAR MEETING Mayor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Gag, Polehna, Roush and Mayor Harycki Absent: Councilmember Cook Staff: City Administrator Hansen City Attorney Magnuson Public Works Director Sanders Browns Creek Watershed District: Rick Vanzwol Gail Pundsack Connie Taillon Gerald Johnson Craig Leiser (Absent) Karen Kill, BCWD Administrator Middle St. Croix WMO: Dave Beaudet Amy Carolan, MSCWMO Administrator Washington Conservation District: Erik Anderson OTHER BUSINESS Workshop with Brown's Creek Watershed District 4:30 P.M. Vice President Rick Vanzwol called the Brown's Creek Watershed District meeting to order. He noted that District President Craig Leiser was unable to attend. Also in attendance were Treasurer Connie Taillon, Secretary Gerald Johnson, Administrator Karen Kill and Vice President Gail Pundsack. The agenda was approved as presented. Water Monitoring Data — Erik Anderson, Washington Conservation District, reviewed the water sampling data. He explained sampling methods and noted that samples are analyzed for Total Phosphorus, chlorophyll A and transparency. City Council Meeting October 6, 2009 Mr. Anderson noted the trend indicates Long Lake is improving in transparency, while Lily Lake has shown no Tong -term trend but has been improving since 2006, and McKusick Lake has shown an overall improving trend. On a question by Mayor Harycki, Mr. Anderson said there are many factors that impact the trends, such as rainfall, temperature fluctuations, water levels, and changes in the lake community. Mr. Anderson said data indicates that Long Lake is improving for total phosphorus content but is still at the MPCA impairment level. Lily Lake also has shown fluctuations in total phosphorus but has been improving since 2006, and McKusick would indicate no trend but is improving over the long -term. Mayor Harycki pointed out that while Lily Lake has been improving since 2006, it is still not back to the transparency levels of 2002 -04; he also pointed out that McKusick was in better shape in 2000 -01 than it is now. Mr. Anderson agreed that while the lakes are not back to previous levels, they are hopefully improving to get back to that point of cleaner water. Regarding the algae, chlorophyll A, component, Mr. Anderson said trends indicate Long Lake is improving, while Lily Lake is getting worse and McKusick Lake is fluctuating but has been increasing since 2006. He stated that taking in account the three components, the lakes, based on the Metropolitan Council's grading system, would rate about a C grade for the last several years. Based on long -term analysis, the results would indicate no trend for Lily Lake as results have fluctuated so often, with McKusick and Long Lake both showing improvement trends for transparency and TP results. Mr. Anderson reviewed 2008 sample results at the Brown's Creek diversion structure. He said samples are tested for Total Suspended Solids, Total Phosphorus and e-coli and heavy metal analyses. He spoke of the samples that were above the MPCA impairment thresholds for total suspended solids and the higher e-coli test results. He also spoke to the results for heavy metals testing. Also highlighted were results of 2009 grab samples taken from Long Lake to the diversion structure, as well as the McKusick tributary at the Jaycees ball field. These samples measure Total Suspended Solids, Total Phosphorus along with a flow measurement, he explained. He said moving downstream from the Long Lake outlet, generally flows increase as do the sampling results, except at the Jackson WMA where there is some settling that takes place of the nutrients. Mayor Harycki asked if there is enough data yet to determine where the phosphorus that is getting to McKusick Lake is coming from. Mr. Anderson noted there have been just five sampling dates, and he suggested that the amount of flowage is an important piece to be considered as well as Total Phosphorus measurements. Ms. Kill pointed out the intent is to do a detailed analysis of the data after two more samples have been taken yet this year. Mr. Anderson spoke to the two samples taken at the Jaycee ball field pond and the Meadowlark outlet; and that the results indicate the pond is settling out the nutrients. In discussion, Mr. Vanzwol noted that while the thought is that Long Lake flow is contaminating McKusick, there was no flow from Long Lake or Jackson WMA during June and July, indicating the contaminants is coming from elsewhere. Mr. Vanzwol stated Brown's Page 2 of 15 City Council Meeting October 6, 2009 Creek does intend to have their engineers do a full analysis of this data and said monitoring will be continued next year. Long Lake Sediment Coring Data — Mr. Vanzwol said he interpreted the data from a report just recently received as indicating the sediment is safe enough to be disposed of without considering it a hazardous waste, which means excavating and pumping down would cost on the order of $40,000. Ms. Kill said the Watershed budgeting $30,000, with the understanding that the City would do the pumping and man the pumps and a private contractor would remove and dispose of the sediment. Mr. Vanzwol said the Watershed Board has not had a chance to discuss the report. Mayor Harycki suggested that the Watershed contact the City's Public Works Department to see if there are some areas for assistance. Mr. Vanzwol referred to a statement in the report that the reason for the removal of the sediment would be for aesthetic and recreational purposes, not necessarily for the health of the lake. Mayor Harycki said there is some concern among residents at the south end of the lake that development in the Cub Foods/Target area has created the sediment deltas; those residents would like to see the lake restored to pre - development levels. Mr. Vanzwol reiterated that the Board has not had a chance to discuss the report, but said he felt the homeowners ought to be contributing something as well the Watershed and City. Mayor Harycki asked if state law had changed regarding approvals for draw downs; Mr. Vanzwol responded in the affirmative. There was discussion about the fact there is no public access to Long Lake and regarding the issue of spending taxpayer dollars for improvements to benefit homeowners' aesthetic and recreational opportunities. Mayor Harycki noted the City is trying to establish a public access; he also suggested there might be ways the City could help reduce the overall cost of the project. Long Lake Milfoil — Ms. Kill stated the Watershed Board approved a vegetation study at both Long Lake and the Jackson Wildlife Management Area. That study has been completed and that the good news is that the Eurasian milfoil is not yet into the Jackson WMA pond; however, there is limited milfoil in the channel area and by the outlet structure. She said engineers will be making some management recommendations and that discussions with the DNR have not been encouraging regarding the success of removing milfoil once it has become established. She stated that at a very minimum, the Board has given direction to notify homeowners surrounding the lake about the presence of milfoil and the danger of spreading the invasive species. Ms. Kill noted the Board of Managers has not discussed this report or possible actions; Mr. Vanzwol said at this point, it is a matter of informing the homeowners. 62nd Street/Furgala Culvert - Ms. Kill stated there is a property owner at the south end of 62nd Street where there is an inlet from the drainage of the Bradshaw /Bergmann /Kern's Page 3 of 15 City Council Meeting October 6, 2009 Center area that experiences periodic flooding. She said an analysis was done in 2003- 04 and looking at models for 100 -year storm event indicated the driveway of the impacted property owners would be flooded for two days. She said at that time there was a 24" culvert and a structure in front of the culvert; the City did remove the structure which helped the situation, but the culvert was not replaced. She said the Watershed is interested in possible cost - sharing with the City for a new culvert and has budgeted $7,500 for such a project. Public Works Director Sanders said he had received two quotes earlier this year, ranging from a low of $6,300 to $7,300, plus $1,500 for road repair. Mr. Sanders said City staff could probably do the road repair, but looking at the budget for this year, there would be no funds available so cost -share would have to be limited to the road repair. Mayor Harycki asked if this was something the storm sewer fund could absorb; Mr. Sanders said there is no money for the rest of the year other than MSA4 inspections which are required. Mr. Vanzwol proposed that the Watershed District provide the culvert and excavation and the City do the road repair. He stated that Watershed Board would discuss and presumably approve the funding for the culvert and excavation at its upcoming meeting and then direct Ms. Kill to work with Mr. Sanders to get the project done. Watershed Budget — Ms. Kill provided an overview of the Watershed's preliminary budget and levy for 2010. She said the overall levy, as proposed, will decrease by 2 percent from 2009; some programs will be put on a slower track. She said the Watershed will be able to continue its contribution to the fund for a McKusick project once studies have been completed and a potential project identified. Mayor Harycki asked about funding for storm sewer maintenance; Ms. Kill said funding is still available for some potential improvements in the Market Place /Menards area. Ms. Kill noted funding is included for the sediment delta area, with the understanding that pumping is not included. She stated the Watershed is also building up funding for specific projects for Brown's Creek itself to get the Creek back into compliance. Mr. Vanzwol noted that watershed districts are required to have a citizens' advisory committee; he stated the advisory committee had reviewed the proposed budget and there were some who spoke against reducing the levy by the 2 %. Watershed Tour — Mr. Vanzwol stated the tour had fallen apart for a number of reasons. It was decided to look at having a tour late next spring or early summer. Ms. Kill noted a best management practices tour organized through the Washington County Water Consortium was scheduled for the day after the Council meeting; she highlighted various stops on the tour. Opportunities For Collaboration — Mayor Harycki asked when analysis of the sampling data might be available so there is a clearer picture of what might be impacting McKusick. Ms. Kill stated the monitoring data will become available sometime in January, with analysis of the diversion structure sampling likely started in late Page 4 of 15 City Council Meeting October 6, 2009 November; she anticipated more data might be available to share with the City in February/March. It was agreed to tentatively schedule another joint meeting for February or March. There was discussion of the value of continued studies and the necessity to make a commitment to a project at some point. Councilmember Polehna asked if there would be any decision regarding the elevation of Long Lake; Mr. Vanzwol said he would be more willing to make a decision if there was public access on Long Lake. A resident of the south end of Long Lake asked about participation in an excavation /draw down project, saying he thought there would be a lot of interest in such a project. The resident asked what level of participation the Watershed might be looking at and a possible mechanism for participation. There was discussion about the possibility of establishing a special taxing district. Mr. Vanzwol suggested that the homeowner attend the upcoming Watershed Board of Managers meeting to bring up the issue. The Watershed Board adjourned at 5:48 p.m. on a motion by Mr. Johnson. Mayor Harycki recessed the Council meeting at 5:48 p.m. RECESSED MEETING 7:00 P.M. Mayor Harycki called the recessed meeting to order at 7 p.m. Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Finance Director Harrison Fire Chief Glaser Planner Pogge Police Chief Gannaway Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Stillwater firefighters led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Cook, seconded by Councilmember Gag to approve the September 1, 2009, regular & recessed minutes and September 15, 2009, regular meeting minutes. All in favor. Page 5 of 15 City Council Meeting October 6, 2009 PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation: Fire Prevention Week — October 4 -10, 2009 Mayor Harycki read a proclamation designating October 4 -10, 2009, as Fire Prevention Week in the City of Stillwater. Fire Chief Glaser introduced Assistant Chief Rob Zoller, who has coordinated Fire Prevention Week in the City for many years. Mr. Zoller spoke of the importance of testing smoke alarms and being fire safe and invited the public to attend the annual open house at the fire department on Saturday, October 10. Chief Glaser recognized Captain Jeffrey Cutler, who recently retired after 22 years of service, and Firefighter Engineer Tom Crotty, who retired after 19 years of service to the City. Chief Glaser presented a Distinguished Service Award to Tim Bell in recognition of his 40 years of service with the fire department. Outdoor Ice Rinks — Stillwater Hockey Association — Bob Kaufman Bob Kaufman, Stillwater Area Hockey Association, gave a presentation highlighting the Hockey Association's proposal for an outdoor ice skating area at the Recreation Center. He said the Hockey Association would fund all the upfront costs, and that ongoing maintenance costs should be minimal because the infrastructure — parking lot, restrooms, warming area — is in place. He spoke of the benefit to the community as a whole, as well as the Hockey Association's need for additional ice. On a question by Mayor Harycki, Mr. Kaufman said the proposal is to have a space large enough so free, open skating is available at all times, as well as space for hockey practices. Mr. Kaufman said the proposal includes lighting of the area, with the Association to pay the upfront cost. He said the Hockey Association would pay to sod the area in the spring. Mayor Harycki asked if new sod would be needed after each skating season; Mr. Kaufman responded there are several options, such as putting plastic down, over - seeding, or long -term, using the old artificial turf from the Rec Center dome. Councilmember Roush asked about possible lighting pollution issues; Mr. Kaufman said a proposal from Musco Lighting would utilize a structured green system in which lights are dark at 150' away. Mr. Kaufman reviewed the possible upfront costs. While he said the Hockey Association will pay all the upfront costs, it would be helpful to have those costs spread over a couple of years, so the Association may ask the City to enter into a payment plan agreement with Musco Lighting, on behalf of the Association. Regarding ongoing costs, estimated at $3,400 - $8,500, Mr. Kaufman suggested this would be the best money spent at the Rec Center to provide something for the entire community. He said the hope is that if the Hockey Association spends $50,000 to build the facility, the operating costs can be covered through City funds and ice time rentals to other associations. Page 6 of 15 City Council Meeting October 6, 2009 Councilmember Polehna asked about parking; Mr. Kaufman said the only time there is an issue with parking is during high school games at the Center and that perhaps the outdoor area would have to be shut down during those few hours. Councilmember Roush asked about kids coming into the Rec Center to use facilities with their skates on; Mr. Kaufman said that extra matting would have to be installed. Motion by Mayor Harycki, seconded by Councilmember Roush to support the concept and have the matter come back to Council at a later date when more details are available. Councilmember Cook spoke of budget constraints and stated she wanted to be sure the City was not committing to anything financial at this point by creating an expectation that the City would fund something. Mayor Harycki said he didn't think there were enough specific details at this point to indicate anything other than support of the concept of a rink at this location. Mayor Harycki said as more details are available; the Council can receive input from Rec Center Manager Doug Brady as to what it might take to manage this facility and rental expectations to offset the ongoing maintenance costs. Mr. Kaufman said Mr. Brady has told him he would agree to fund the operating costs through his existing budget. Councilmember Gag said he would be in support of exploring the idea further. City Administrator Hansen spoke of the long -time relationship the City has had with the Hockey Association and that to his knowledge; the Hockey Association has fulfilled every single agreement with the City. Councilmember Cook said while not opposed to the concept, she is extremely cautious about committing in any way to any possible financial obligation. Motion to support the concept passed 4 -1, with Councilmembers Gag, Polehna, Roush and Mayor Harycki voting in favor and Councilmember Cook voting no. OPEN FORUM No public comments STAFF REPORTS Police Chief Gannaway gave an update on commercial vehicle enforcement related to the truck line on the lift bridge. Since the law has been enacted the Stillwater police have initiated 38 stops with 18 citations issued for over - length commercial vehicles. He stated the State Patrol has also been conducting enforcement efforts, including a recent saturation effort. Chief Gannaway said the number of trucks using the bridge has definitely gone down, but he thought spot monitoring was still necessary. Page 7 of 15 City Council Meeting October 6, 2009 Mayor Harycki asked about the issue with signage. Public Works Director Sanders said he has requested additional signs from Minnesota Department of Transportation (MnDOT); and that MnDOT has responded that it will install additional signs, but the City will be responsible for the cost of the signs. Public Works Director Sanders reported that as part of MnDOT's Highway 95 mill and overlay project, the railroad tracks at Chestnut Street will be removed beginning at 9 p.m. October 20. City Administrator Hansen said the benchmarking committee would be meeting October 12, and he anticipates bringing some ideas from that committee to the Council. Mr. Hansen said he had not had an opportunity to contact Mr. Miller from the League of Minnesota Cities but would do so the following day. CONSENT AGENDA 1. Resolution 2009 -159, directing payment of bills 2. Possible approval of Railroad Lease Increase to St. Croix Boat & Packet 3. Resolution 2009 -160, approval of cooperative purchasing agreement with Minnesota Administration Materials Management Division 4. Possible approval of Utility Bill Adjustments Councilmember Cook asked for information regarding Item No. 3, whether in fact this is the most economical way to do business. Administrator Hansen responded that the City is not compelled to use the agreement, it is simply gives the City the option of using the state purchasing contract, and if the City can get a better deal elsewhere, it certainly will do so. Councilmember Cook asked about the $33,000 monthly utility bill; City Administrator Hansen said he wasn't sure if that was the bill for City Hall or the Recreation Center but that it is a typical average bill. Councilmember Cook suggested having an energy audit done and attempt to reduce that bill by 10 %. Finance Director Harrison said she would check on the bill. It was noted that the City did have an energy audit done and some changes were made to the Recreation Center as a result. It was decided to table action on the Consent Agenda until Ms. Harrison researched the bill. Later in the meeting, Ms. Harrison reported the bill includes a number of items, such as lift stations, parks, etc, and was not for one particular City facility. Public Works Director Sanders said he had talked with someone about an energy audit on lights at City Hall earlier this year, and it was determined that all the lights have been updated with fluorescent lighting and there is nothing more that can be done at City Hall regarding lighting. Mr. Sanders said there were some recommendations regarding the Page 8 of 15 City Council Meeting October 6, 2009 storage /garage area at the Public Works building, but the cost was about $5,000 - $7,000 for a seven -year payback. Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the Consent Agenda. Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None PUBLIC HEARINGS This is the date and time for the public hearing to consider the proposed assessments for the 2009 Sidewalk Project. Notices were mailed to the affected property owners and published in the Stillwater Gazette on September 21, 2009. Public Works Director Sanders reviewed this year's sidewalk project and the proposed assessments. The total project cost was $45,917, with residents proposed to be assessed $20,416, or $5.47 per square foot of sidewalk replaced. The average assessment would be about $300. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Motion by Councilmember Gag, seconded by Councilmember Roush to adopt Resolution 2009 -161, resolution adopting assessment for 2009 Sidewalk Rehabilitation Project (Project 2009 -05, L. I. 385). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None UNFINISHED BUSINESS Update on Cayuga City Administrator Hansen said there was some type of miscommunication and Mr. Anderson, St. Croix Boat & Packet, does not believe the Cayuga can be disposed of at no cost. He said Mr. Anderson believes it can be done for about $8,000, but it may be necessary to have some environmental studies done first. Mr. Hansen said he thought the City should move forward as the Cayuga is a liability. Mayor Harycki wondered if there might not be grants to help pay for the costs related to environmental issues; Mr. Hansen said he would check into that. Mr. Hansen said he would come back to the Council before expending any funds. NEW BUSINESS Page 9 of 15 City Council Meeting October 6, 2009 Possible approval of contract with Great River Greening for water quality improvements at Lily Lake Boat Launch Public Works Director Sanders described a water quality improvement project, involving best management practices, proposed for the Lily Lake boat launch area. He said most of the project is being funded by the Great River Greening group and the Middle St. Croix Water Management Organization. He said the City is being asked to do ongoing maintenance of the area, along with assistance in some minor grading work and removal of some blacktop. Mr. Sanders noted the contract includes a depreciation schedule so that if the City does not maintain the plantings, it would have to reimburse Great River Greening for the cost of the plantings, $1,800 and that the contract calls for a five -year maintenance agreement. Councilmember Roush asked whether the City would be responsible for plants that die through no fault of the City; Mr. Sanders said the contract states that if faulty plants are installed, Great River Greening would be responsible for the cost of replacement. Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Resolution 2009 -162, awarding contract with Great River Greening for Water Quality Improvements at the Lily Lake Boat Launch. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of transfer of the City's Board of Review Duties to Washington County City Administrator Hansen said the City has the option of conducting the Board of Review or transferring that duty to Washington County. If the City does the Board of Review, a minimum of one Councilmember must take the state training. He stated that generally, a real estate expert also sits on the committee which listens to people who are contesting the amount of assessment. Mr. Hansen noted that the City pays the County about $88,000 a year to do its assessments, and the City has for a number of years transferred the board of review duties to the County. He said whenever the City has an objection or wants a certain property looked at, the County has always done a good job of doing so. Mayor Harycki suggested that having the County do the board of review takes it out of the political arena and into independent hands. Councilmember Cook asked if there would be any benefits to the local taxpayers in having the City take over the board of review duties. City Attorney Magnuson spoke of the years when the Charter required the Council to serve as the board of review and when the City Attorney was required to advise the Council as to any instances of under assessments; the meetings were very stressful and rarely did the Council choose to reduce any assessments. If the Council did choose Page 10 of 15 City Council Meeting October 6, 2009 to reduce any assessments, it would have to argue with its own assessor, making it a very awkward situation. Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2009 -163, approving the transfer of the City's Board of Review Duties to Washington County. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of Memorandum of Understanding with Friends of Stillwater Area Doq Park, Inc. City Attorney Magnuson said he had met with the promoters of a dog park and had helped them with the formation of their own non - profit corporation which has been done with other fund - raising efforts, whereas the City has agreed to act as the depository for the holding of contributions; if the funds are not adequate to construct a dog park facility, the funds will be returned without interest. Councilmember Roush verified that this would not represent any obligation for funds on the part of the City. Councilmember Polehna wondered why the City would be doing this when there has been no commitment on the part of the City to build a dog park and stated that the Parks Commission has looked at possible sites but no decision has been made. Councilmember Roush asked City Administrator Hansen if he would be willing to commit staff efforts to holding the funds; Mr. Hansen responded in the affirmative. Motion by Councilmember Gag, seconded by Councilmember Roush to adopt Resolution 2009 -164, approval of Memorandum of Understanding with Friends of Stillwater Area Dog Park, Inc. Councilmember Cook asked about the language in the agreement, "for valuable considerations." City Attorney Magnuson said a contract must have considerations before it is binding and legal and the recitation of "consideration" should make it binding and legal. He said the City's consideration is the possible benefit it would get from having private citizens fund a public park in the future; their benefit would be they can tell their donors their contribution is tax - deductible. Mr. Magnuson explained other language details. Councilmember Polehna said he did not like the words "for the dog park," suggesting this represents a commitment to do a dog park in Stillwater. Mayor Harycki suggested this is no different than what the City did for the Hockey Association, noting this just gives the dog park promoters the ability to move forward and attempt to raise funds. Page 11 of 15 City Council Meeting October 6, 2009 Councilmember Gag suggested adding language in this document or an attaching document that states there has been no understanding that the Council is approving in any way that this, a dog park, will be constructed in the City. Attorney Magnuson noted this agreement is similar to other agreements the City has entered into — the soccer dome, second sheet of ice at the Rec Center, library improvement — and does not obligate the City to ultimately construct a dog park. Ayes: Councilmembers Gag, Roush and Mayor Harycki Nays: Councilmembers Cook and Polehna Possible approval authorizing the City to apply for the reconveyance of Tax Forfeited land City Clerk Ward explained there are three tax - forfeited parcels available to the City, two of which could be used for future storm water drainage and a third parcel behind the Maple Island building. She said staff is recommending that the three parcels be acquired. There was discussion of the parcel behind Maple Island and it was noted there is no cost to the City to acquire the properties. Motion by Councilmember Gag, seconded by Councilmember Roush to adopt Resolution 2009 -165, authorizing the City to apply for the reconveyance of Tax Forfeited land. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of request to extend mandatory call date on Territorial Springs Series 2003 & 2004 Tax Increment Bonds Attorney Magnuson explained the request, noting these are "conduit" bonds with no obligation on the part of the City. Councilmember Roush asked if this would in any way delay TIF payments; Mr. Magnuson responded in the negative. Motion by Councilmember Polehna, seconded by Mayor Harycki to adopt Resolution 2009- 166, a resolution amending Resolution No. 2003 -230, a resolution awarding the sale of and providing the form, terms, covenants and directions for the issuance of a Taxable Tax Increment Revenue Note (Territorial Springs, LLC Project), Series 2003 Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2009 -167, a resolution amending Resolution No. 2004 -188, a resolution awarding the sale of and providing the form, terms, covenants and directions for the issuance of a Taxable Tax Increment Revenue Note (Territorial Springs, LLC Project), Series 2004 Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Page 12 of 15 City Council Meeting October 6, 2009 Nays: None Possible approval of parking restrictions for Washington Avenue Public Works Director Sanders explained that Washington Avenue is a municipal state aid street and one of the requirements for obtaining approval for the upcoming mill and overlay project from the Office of State Aid is to designate the street as "no parking." Mr. Sanders noted the City could opt to allow parking on Washington north of Curve Crest but said staff would recommend designating no parking from Highway 36 all the way to West Orleans Street. Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Resolution 2009 -168, possible approval of parking restrictions for Washington Avenue. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of plans & specifications and ordering advertisement for bids for the Washington Avenue Mill & Overlay Public Works Director Sanders stated plans have been submitted to the Office of State Aid for final approval. He said a bid opening would be scheduled for mid - November, which would meet the timeline for obtaining stimulus funding before the end of the year. Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Resolution 2009 -169, approve plans and specifications and ordering advertisement for bids for Washington Avenue Mill and Overlay Project (Project 2009 -10) Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of Voluntary Leave without Pay Program City Administrator Hansen said the proposed voluntary leave without pay program has been modeled after Washington County's program and two other cities. He reviewed some of the guidelines. Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Resolution 2009 -170, approval of Voluntary Leave without Pay Program. Councilmember Cook wondered whether there would be a tracking of cost savings as a result of the program; City Administrator Hansen said he thought that would be possible. Councilmember Cook pointed out a language change that should be made in Bullet No. 7. Page 13 of 15 City Council Meeting October 6, 2009 Mayor Harycki wondered why the program would be limited to 120 hours; City Administrator Hansen explained his reasoning for limiting the program. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of stop sign placement Public Works Director Sanders explained that each year some modifications are done to implement the recommendations made in the SEH stop sign study of 2003. He stated that this year, the recommendation is to add six stop signs and remove two. He said the modifications were presented to the traffic committee. If approved, the neighbors would be notified of the changes and advanced warnings placed at the locations. Councilmember Cook asked if there was any process for public input; Mr. Sanders some input would be received when notices are sent to the surrounding neighbors, but said in the past there has been little negative comments. Mayor Harycki asked that the railroad tracks on Hazel Street be brought to the traffic committee for consideration of possible change; Mr. Sanders said staff felt the issue with that sign was more a traffic control issue than a railroad issue, but that he would bring that to the traffic committee for discussion. Motion by Councilmember Gag, seconded by Mayor Harycki to adopt Resolution 2009 -171, resolution approving traffic control sign changes. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None COUNCIL REQUEST ITEMS Councilmember Gag asked if the City has any jurisdiction regarding the traffic signal at 62nd and Osgood Avenue. Public Works Director Sanders stated the City approved the light and shares the cost of electricity with Oak Park Heights, but has no jurisdiction. Councilmember Gag spoke of the traffic backup that occurs between 3 and 6 p.m. Mr. Sanders said he would contact the County. Councilmember Gag suggested the barge terminal property is not pedestrian friendly and suggested that class 5 or some other short-term improvement be made to provide a pathway. It was agreed to have the Parks Commission look at the issue. Councilmember Polehna reported that the trees for Manning Avenue would be installed within the next several weeks. Page 14 of 15 City Council Meeting October 6, 2009 Councilmember Roush asked when the 2010 street improvement neighborhood meetings would be scheduled. Mr. Sanders said authorization for the feasibility study would be brought to the next Council meeting, and if approved, the public input process would be started after that, likely January or February. Councilmember Roush asked why the Water Department didn't want to do joint utility billings. Ms. Harrison said the Water Board did not want to participate in City business and would have to hire an additional person to do the City billing. Councilmember Roush asked to invite the Water Board to a Council meeting to discuss the Water Board's position on the billing issue. There was discussion of the possible cost - savings involved. Councilmember Polehna noted a Yellow Ribbon meeting was scheduled for 7 p.m. October 8 at the River View room at City Hall and invited all interested residents to attend. Councilmember Polehna spoke about the condition of the intersection of Highway 36 and Washington Avenue, right in front of Perkins, and wondered if it would be possible to get the Mn /DOT to maintain the area. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Roush, moved to adjourn at 9:03 p.m. All in favor. ATTEST: Diane F. Ward, City Clerk Ken Harycki, Mayor Page 15 of 15 IM3R EMPLOYER SUPPORT OF THE GUARD AND RESERVE Statement of Support Program T Page 1 he Statement of Support Program is the cornerstone of ESGR's effort to gain and maintain employer support. The intent of the program is to increase employer support for the Guard and Reserve by developing employers into advocates for employee participation in the military. Employers signing a Statement of Support make the following three commitments to their employees serving in the military: • Employers will recognize, honor and enforce the Uniformed Services Employment and Reemployment Rights Act; • Employers will provide their leadership with the resources necessary to effectively manage Guard and Reserve employees; • Employers will continually recognize and support service members and their families in peace, crisis and war. The first Statement of Support was signed in the Office of the Secretary of Defense by the Chairman of the Board of General Motors on December 13, 1972. President Nixon was the first President to sign a Statement of Support. In 2005, every federal Cabinet Secretary and all federal agencies signed a Statement of Support to signify their continuing efforts to be a model employer. Since its inception, thousands of employers have signed a Statement of Support, pledging their support to Guard and Reserve employ- ees. Since 2005, ESGR has seen significant increases in the number of Statements of Support signed by employers across the nation. To request your Statement of Support please visit www.esgr.mil. STATEMENT OF SUPPORT FOR THE GUARD AND RESERVE * * * ** ( Your Company ) We recognize the National Guard and Reserve are essential to the strength of our nation and the well -being of our communities. In the highest American tradition, the patriotic men and women of the Guard and Reserve serve voluntarily in an honorable and vital profession. They train to respond to their community and their country in time of need. They deserve the support of every segment of our society. If these volunteer forces are to continue to serve our nation, increased public understanding is required of the essential role of the Guard and Reserve in preserving our national security. Therefore, we join other employers in pledging that: • We fully recognize, honor and enforce the Uniformed Services Employment and Reemployment Rights Act (USERRA). • Our managers and supervisors will have the tools they need to effectively manage those employees who serve in the Guard and Reserve. • We will continually recognize and support our country's service members and their families in peace, in crisis, and in war. Date Cnw..,, Nation Comdr.. for Employer Sapporo ofte Gaand end Reserve l 317 EMPLOYER SUPPORT OF THE GUARD AND RESERVE S.neroy ODD ESGR, 1555 Wilson Blvd., Suite 200, Arlington, VA 22209 -2405 1- 800 - 336 -4590 www.esgr.mil 04_09 / B144-09 Fact Sheet Number 6 1M31.1q EMPLOYER SUPPORT OF THE GUARD AND RESERVE Recognizing Outstanding Support P Page 2 ositive employer support enhances retention rates in the Armed Services and in the end, strengthens our national security. To honor those employers who assist their Guard and Reserve employees, ESGR has initiated several recognition programs including: • The Patriot Award • The Above and Beyond Award • The Pro Patria Award • Secretary of Defense Employer Support Freedom Award The Patriot Award The Patriot Award honors individual supervisors for their superior support to Guard and Reserve employees. Award nominations must be made by National Guard and Reserve members or their families. Nominated employers receive a Patriot Award certificate and accompanying lapel pin. Please visit the ESGR website www.esgr.mil to request a Patriot Award for your supervisor. The Above and Beyond Award The Above and Beyond Award is the second level of ESGR employer recognition awards. The awards are selected and presented by ESGR field committees and recognize employers at the state level who have gone above and beyond the legal requirements of the Uniformed Services Employment and Reemployment Rights Act. The Pro Patria Award The Pro Patria award is presented annually by each ESGR field committee to one small, one large and one public sector employer in their state or territory who has provided the greatest support to Guard and Reserve employees through their leadership practices and personnel policies. The Secretary of Defense Employer Support Freedom Award The Secretary of Defense Employer Support Freedom Award is the highest recognition given by the U.S. Government to employers for their outstanding support of employees who serve in the National Guard and Reserve. Each year, National Guard and Reserve employees, or their family members, have the opportunity to nominate their employer for the Freedom Award. The ESGR field committees review nominations and submit one recommendation in each of the three categories: small employer, large employer and public sector. A national selection board comprised of senior Department of Defense officials and business leaders selects 15 employers to receive the Secretary's prestigious award. More information on the Secretary of Defense Employer Support Freedom Award is available at www.FreedomAward.mil. ESGR, 1555 Wilson Blvd., Suite 200, Arlington, VA 22209 -2405 1800- 336 4590 www.esgr.mil 04 09 / 5144-09 Fact Sheet Number 6 tv RESOLUTION 2009 -173 STATEMENT OF SUPPORT FOR THE GUARD AND RESERVE WHEREAS, the City of Stillwater recognizes the National Guard and Reserve are essential to the strength of our nation and the well -being of our communities; and WHEREAS, in the highest American tradition, the patriotic men and women of the Guard and Reserve serve voluntarily in an honorable and vital profession. They train to respond to their community and their country in time of need. They deserve the support of every segment of our society; and WHEREAS, if these volunteer forces are to continue to serve our nation, increased public understanding is required of the essential role of the Guard and Reserve in preserving our national security. NOW THEREFORE BE IT RESOLVED that the City of Stillwater joins other employers in pledging that: • We fully recognize, honor and enforce the Uniformed Services Employment and Reemployment Rights Act (USERRA). • Our managers and supervisors will have the tools they need to effectively manage those employees who serve in the Guard and Reserve. • We will continually recognize and support our country's service members and their families in peace, in crisis, and in war. Adopted by the Stillwater City Council this 20th day of October, 2009 Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2009 -172 10,000 Lakes Chapter of ICC Action Rental, Inc. Adolfson & Peterson Construction Amdahl Locksmith, Inc. Aramark Uniform Services ARM of MN Aspen Mills AT &T Ballis, Tom Brines Market Bryan Rock Products, Inc. Buberl Recycling & Compost Carlson Sports Marketing CARQUEST Auto Parts CATCO Parts and Service Chestnut LLC City of Mahtomedi Clark, Luann Coca -Cola Bottling Company Commissioner of Transportation CPMI Cub Foods Dept. of Employment and Economic Dev. Emergency Automotive Technologies, Inc. Emergency Medical Products, Inc Ess Brothers & Sons Inc. Fixmer, Don Fleishhaker, Dave GFOA Gopher State One Call, Inc. Hartland Fuel Products, LLC Heritage Printing, Inc. Holiday Credit Office Horwath, Patrick Hotsy Equipment of Minnesota Hydrologic I.C.E. Marketing & Consulting Ltd. Ice Skating Institute International Code Council, Inc J & L Electrical Services J.H. Larson Electric L & D Sign L.T.G.Power Lake Superior College Mechanical Code Seminar 12/16/09 Concrete and Rental of Mixing Trailer Stillwater Parking Structure Service Call 216 Wilkins St. W. (Kilbourne) Mats, Janitorial Supplies, & Uniforms Recertification Courses Uniforms Telephone Reimburse for Supplies /Fire Open House Funeral Officer Heroux Lime Tree Removals DQ Blizzard Ice Rink Sign Equipment Repair Supplies Vehicle Repair Charges Parking Ramp Rental 6 Parking Stalls Annual Rec Center Ice Arena Installment Clean at City Hall /PW Soda for Concessions Bituminous Street Recertification Stillwater Parking Structure Fire Prevention Dinner, Breakfast & Concessions Unemployment Benefits Third Quarter Vehicle Repair Charges Safety Equipment Manhole Rings Repair and Clean Maxkie Mixer Audio Reimburse Work Boots Membership 11/1/2009- 10/31/2010 Billable Tickets September Fuel Business Cards Fuel Grading Escrow Refund 655 Newman TrI Nozzle Equipment Repair Supplies Equipment Repair Supplies Bronze, Gold, Silver Metals for Rec Center General Code Supplies Lift Station Repair Market Drive Equipment Repair Supplies Lift Station Repair Equipment Repair Supplies Mn /DOT Technical Certification Program 170.00 950.70 494,769.49 75.00 747.64 150.00 1,329.11 79.42 444.54 359.95 87.31 650.00 110.00 277.29 76.84 120.00 17,500.00 1,057.50 585.15 150.00 2,025.16 284.28 2,422.91 31.02 166.24 1,192.12 128.62 50.00 190.00 548.10 2,683.05 172.76 17.28 1,500.00 11.42 19.53 278.25 105.00 440.89 147.00 520.14 161.60 10.39 150.00 EXHIBIT " A" TO RESOLUTION #2009 -172 Page 2 League of Minnesota Cities Lennar of Minnesota Linner Electric Co. LMC Insurance Trust LogoStitch, Ltd. LSA Design, Inc. Mac Queen Equipment Inc. Magnuson Law Firm Maximum Solutions, Inc. Menards Metro Fire Municipal Code Corp. Nardini Fire Equipment Northwest Health and Safety Inc. Office Depot OnSite Sanitation Plant Health Associates Quill Corporation Riedell Shoes, Inc. Snap On Tools St. Croix Boat & Packet Co. Stillwater Collision & Restoration Stillwater Medical Group Stillwater Towing Stork Twin City Testing Corporation Sun Newspapers SW /WC Service Cooperatives T- Mobile T.A. Schifsky & Sons, Inc. Toll Gas & Welding Supply USA Mobility Wireless, Inc. Washington Conservation Distr Washington County Dept of Public Zack's Inc. Worker's Compensation Insurance Grading Escrows Refund Electrical Supplies LMCIT Litigation Costs Bruggeman Embroidered Sweatshirt/Rec Center Stillwater Parking Ramp Equipment Repair Supplies Prosecution Services Annual Service Agreement Equipment Repair Supplies Leather Front for Helmets 64 Supplement Pages Annual Fire Extinguisher Maintenance Alarmed AED Defibrillator Cabinet Office Supplies Unit Rental Fall Art Show Professional Service for September Office Supplies Skates for Resale Equipment Repair Supplies Monthly Arena Billing Painting New Squads Physicals New PT Fire Fighters Towing, Dodge Caravan SE 2009 Street Project Publication Retiree Health Insurance CeII Phone Curb and Fine Asphalt Acetylene Pagers Lab Charges Food License Renewal Measuring Wheels 2,777.41 9,000.00 205.20 4,531.17 43.00 17,633.14 413.65 7,689.33 785.66 148.65 73.07 1,375.70 77.50 297.69 411.68 516.82 600.00 159.64 691.85 16.29 49,184.75 2,000.00 884.00 106.88 147.50 182.25 43,604.44 42.12 874.91 28.29 47.00 527.12 746.00 122.08 EXHIBIT " A" TO RESOLUTION #2009 -172 Page 3 LIBRARY Ace Hardware Arney, Barbara /Mapworks Baker &Taylor Baker & Taylor, Inc. BWI Book Wholesalers Demco, Inc. G & K Services Mid- America Business Systems Midwest Tape Random House, Inc. Scholastic Library Publishing Value Line Publishing Inc. Washington County Library Waste Management - Blaine Water Works Irrigation LLC Janitorial Supplies Books Rental Books Film /Video Books Processing Supplies Rug & Towel Service Maintenance Contract Rental DVD's Audio Books A1A Investment Survey Data Base Searching Garbage Pickup 9/24/09 Winterization Lawn Sprinkler System 413.90 42.00 149.68 2,307.05 14.61 28.06 453.92 745.00 253.89 24.00 148.20 898.00 1,847.56 88.35 150.00 Administration Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 10/15/2009 Re: Issuance of a new Wine & Strong Beer liquor license As required, a public hearing must be held for the issuance of new liquor licenses. A liquor license application has been received for a Wine & Strong Beer liquor license from Oliver & Louis, Inc., DBA: The Bikery located at 904 4th Street. Approval for the license should be contingent upon approval by Police, Finance, Fire, Building Departments and Minnesota Liquor Control. ACTION REQUIRED: If Council desires to issue a new On -Sale liquor license they should pass a motion to adopt Resolution No. 2009- APPROVING ISSUANCE OF A THE WINE & STRONG BEER LIQUOR LICENSE TO OLIVER & LOUIS, INC., DBA: THE BIKERY APPROVING ISSUANCE OF A THE WINE & STRONG BEER LIQUOR LICENSE TO OLIVER & LOUIS, INC., DBA: THE BIKERY WHEREAS, an application has been received for a liquor license application has been received for a Wine & Strong Beer liquor license from Oliver & Louis, Inc., DBA: The Bikery located at 904 4th Street; and WHEREAS, a public hearing on the new liquor license was held on October 20, 2009; and WHEREAS, all required forms have been submitted and fees paid. NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the issuance of a new Wine & Strong Beer Liquor license conditioned upon approval by Police, Fire, Building Inspection and Finance Departments, and Minnesota Liquor Control. Adopted by Council this 20th day of October, 2009. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: October 14, 2009 Subject: Stop sign Removal on Hazel and Railroad Crossing DISCUSSION The City was recently notified by the Minnesota Department of Transportation that the railroad track used by the Minnesota Zephyr is no longer in use. The Commissioner has ordered that "EXEMPT" signs be installed at the two crossing in the City. Along with the exempt signs being installed, any in place "STOP" signs are to be removed. This situation occurs at one location along the tracks on Hazel Street, just west of TH 95. This item was presented to the Traffic Committee and they recommended that the "STOP" Signs should be removed at this location. RECOMMENDATION It is recommended that Council approve the removal of the "STOP" signs at the railroad crossing on Hazel Street, just west of TH 95. ACTION REQUIRED If Council agrees with the recommendation, they should pass Resolution No. Removal of the Stop Signs at the railroad crossing on Hazel Street . RESOLUTION APPROVING THE TRAFFIC CONTROL SIGN CHANGES WHEREAS, upon notification from the Minnesota Department of Transportation the stop signs located along the railroad track used by the Minnesota Zephyr be removed and exempt signs be installed at the two crossings; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA, to implement the traffic control sign changes. Attest: Adopted by the Council this 20th day of October 2009. Diane F. Ward, City Clerk Ken Harycki, Mayor �\IANES0 o Z° Minnesota De, .ment of Transportation E: 73 !4St Office of Freight and Commercial Vehicle Operations °P—m0 MS 470 395 John Ireland Blvd. St. Paul, MN 55155 -1899 September 21, 2009 Phone: 651/366-3667 tom.gellerman@dot.state.mn.us David Paradeau Attn: Joe Gustafson Owner Don J Theisen Minnesota Zephyr Limited Washington Co. Engineer 10242 Heronwood Ln. 11660 Myeron Road No. West Palm Beach, FL 33412 -1522 Stillwater, MN 55082 Re: Addendum to: Exempting all the public MZL crossings in and near Stillwater Note to remove Stops Dear Mr. Paradeau and Mr. Gustafson: Enclosed please find Exempt Order Y -56 -01 for the above crossings. Since there is no use of the track, the crossing warrants installing exempt signs. The railroad is agreeable to having the local road authorities [ LRA's] install exempt signs at the crossings. The LRA's are required to install advance exempt signs at all of the crossings. The local road authorities will let me know when the signs are in place so that I will update the database accordingly. Please remove any STOP signs and STOP AHEAD signs, if present, at the crossings or in advance of the crossings under your jurisdiction. Sincerely, &rAt Tom Gellerman — Manager, Rail Grade Crossing Data Freight, Railroads & Waterways, Mn/DOT Enclosure as stated CC: Brad Hinseth Grant Road Commissioner Rick VanWagner Project Manager Mn/DOT Pat Bantli Stillwater Township Clerk Shawn Sanders Stillwater City Engineer An equal opportunity employer BEFORE THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF MINNESOTA TOM SOREL COMMISSIONER * * * * * * * * * * * * * * * * * * * * * * ** EXEMPT CROSSING ORDER * * * * * * * * * * * * * * * * * * * * * * ** Y -56 -01 D -6449 series, F -1166, D -5890 To: Minnesota Zephyr Limited, (MZL) To: Washington County To: City of Grant To: Stillwater Township To: City of Stillwater Rail service at the crossings listed below meets requirements for use of exempt signs based on the fact that the tracks are no longer in use. The Commissioner is ordering "EXEMPT" signs at the following at -grade crossings. The railroad has authorized the local road authorities to install "EXEMPT" signs (R15 -3) at the crossings and they shall also install yellow "EXEMPT" signs (W10 -1a) in advance of the crossings. Exempt Crossings - Minnesota Zephyr Limited STATE FEDERAL ROAD COUNTY NUMBER NUMBER AUTHORITY Washington 82 -56 -033 Washington 82 -56 -034 Washington 82 -56 -035 Washington 82 -56 -036 Washington 82- 56 -036A Washington 82 -56 -037 Washin.ton 82 -56 -038 061397E Grant 061398L Grant 061400K Grant 061401S Washington Co. not assigned Stillwater Twp. 061404M Stillwater 061406B Washin•ton Co. ashington 82- . -I • 417N Stillwater ROAD NUMBER LOCATION FILE MUN RD Kimbro Ave. N. MUN 33 88th St. N. MUN 27 Lofton Ave. N. CSAH 15 Manning Ave. N. TWN 832 Marylane Ave. N. MSAS 117 Neal Ave. N. CNTY 64 McKusick Rd. N. UN 237 Hazel St. N. D -6449 D -6449A D -6449B F -1166 D -6449C D -6449D D -6449E �- :•1 - STOP S I6 The railroad shall inform the Department of Transportation, Office of Freight & Commercial Vehicle Operations at least 30 days prior to increasing train moves or reactivating this line. Date of Service: hr'' St. Paul, Minnesota BY ORDER OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION A William D. Gardner Freight & Commercial Vehicle Operations for Tom Sorel, Commissioner STAFF REQUEST ITEM Department: MIS Date: 10/12/09 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of backup solution. Currently we backup up to a Network Area Storage (NAS) device and then to a backup tape autoloader. We are running out of space on the NAS and the tape autoloader is not reliable. It has been replaced many times and is no longer under warranty. It is very important that we get a more reliable backup solution in place soon. The solution I am proposing would provide two backup devices, one at City Hall and one out at the Public Works building. Data for each location would be backed up to each device and also replicated to the other location. This would allow for offsite backup and disaster recovery options. It would also allow us to backup up our exchange server as a separate backup and replicate that offsite to Public Works. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Total cost of this solution would be $13,596.00 plus tax. Money has been allocated for this purchase in the 2009 Capital Outlay budget. ADDITIONAL INFORMATION ATTACHED Yes X_ No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Rose Holman Date: 10/12/09 HP Public Sector Online Store http: // gem. compaq. com /gemstore /gemcart/printpage.asp 123 t fl v • Rt ONLINE PRICE QUOTATION Quote Number: 4249443 Today's Date : 10/7/2009 7:30:10 PM Created By: bob.powell @prodsg.com Quote Name: City of Stillwater D2D Quote Created Date : 10/7/2009 7:29:45 PM Contract: MN - STATE OF MINNESOTA (WSCA/NASPO) ( 441940 ) Product availability and product discontinuation are subject to change without notice. The prices in this quotation are valid for 30 days from quote date above. Please include the quote number and contract from this quote on the corresponding purchase order. Use the File - Print option to print this form for your future reference. Items /description Part no Unit price Qty HP StorageWorks D2D2503i Backup System Base $5,199.00 2 $5,199.00 Ext price $10,398.00 HP StorageWorks D2D2503i Backup System EH945A Form factor 1U Rack Performance Up to 75MB /s transfer rate Drive interface (2) 1 Gb Ethernet iSCSI interfaces Maximum number of servers supported per D2D system Supports up to 6 servers Total Raw Capacity 3TB raw capacity Total Usable Capacity 2.25TB usable capacity Disk Type Uses 750GB SATA drives Deduplication Includes Dynamic deduplication and low bandwidth replication HP StorageWorks D2D2500 Replication LTU EH990A $1,599.00 2 $3,198.00 $1,599.00 Subtotal: $13,596.00 The terms and conditions of the MN - STATE OF MINNESOTA (WSCA/NASPO) will apply to any order placed as a result of this inquiry, no other terms or conditions shall apply. To access the HP Public Sector Online Store where this quote was created, go to: http: / /gem.compaq.com/gemstore /entry.asp ?SiteID =13158 * HP is not liable for pricing errors. If you place an order for a product that was incorrectly priced, we will cancel your order and credit you for any charges. In the event that we inadvertently ship an order based on a pricing error, we will issue a revised invoice to you for the correct price and contact you to obtain your authorization for the additional charge, or assist you with return of the product. If the pricing error results in an overcharge to you, HP will credit your account for the amount overcharged. This quotation may contain open market products which are sold in accordance with HP's Standard Terms and Conditions. HP makes no representation regarding the TAA status for open market products. Third party items that may be included in this quote are covered under the terms of the manufacturer warranty, not the HP warranty. * Please contact HP Public Sector Sales with any questions or for additional information: K12 Education: 800 - 888 -3224 Higher Education: 877 - 480 -4433 State Local Govt: 888- 202 -4682 Federal Govt: 800 - 727 -5472 1 of 2 10/7/2009 2:30 PM STAFF REQUEST ITEM Department: MIS Date: 10/12/09 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of a firewall for the St. Croix Valley Recreation Center. The current firewall is not working correctly and is not longer supported by the manufacturer because it reached end of life 2 years ago. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Total financial impact is $1383.00. Money has been allocated for this in Capital Outlay for 2009. ADDITIONAL INFORMATION ATTACHED Yes _X_ No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Rose Holman Date: 10/12/09 LOFFLER 1101 East 78th Street * Bloomington, MN 55420 Phone: 952- 285 - 2155 * Fax: 952- 925 -6853 Bill To: City of Stillwater Rose Holman City Hall 216 N 4th Street Stillwater, MN 55082 Phone: 651 -430 -8804 Fax: 651- 430 -8809 Ln # Qty Contact: Jeff Gullickson Email: jullickson@loffler.com QUOTE Ship To: City of Stillwater Rose Holman City Hall 216 N 4th Street Stillwater, MN 55082 Phone: 651 -430 -8804 Fax: 651-430-8809 Terms Net 10 days Rep ColinE P.O. Number Ship Via Description 1 1 TZ 210 MADE IN AMERICA 2 1 2YR COMP GATEWAY SEC STE TZ 210 3 SubTotal Unit Price Ext. Price $1,305.00 Total Investment $1,305.00 Sales Tax $78.30 Shipping $0.00 Total $1,383.30 PRICES SUBJECT TO CHANGE - PRICES BASED UPON TOTAL PURCHASE - ALL DELIVERY, TRAINING OR CONSULTING SERVICES TO BE BILLED AT PUBLISHED RATES FOR EACH ACTIVITY INVOLVED - GENERALLY ALL HARDWARE COMPUTER COMPONENTS PROPOSED ABOVE ARE COVERED BY A LIMITED ONE YEAR WARRANTY, COVERING PARTS AND LABOR ON A DEPOT BASIS - WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR WITH REGARD TO ANY LICENSED PRODUCTS. WE SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, INTERRUPTION OF BUSINESS, NOR FOR INCIDENTIAL OR CONSEQUENTIAL MERCHANTABILITY OR FITNESS OF PURPOSE, DAMAGES RELATED TO THIS AGREEEMENT. MINIMUM 15% RESTOCKING FEE WITH ORIGINAL PACKAGING. Page 1 Sti Ier 7 ki E 6 1 fi f li P I A C p{ MENNOSOTA MEMORANDUM TO: Mayor and City Council FROM: Tim Moore, Assistant Superintendant of Public Works DATE: October 14, 2009 SUBJECT: Willard Street Stairs Repair BACKGROUND On January 26, 2009 the Park and Recreation Commission approved their Capital Improvement Program of $62,000.00. $15,000.00 was budgeted to repair the Willard Street stairs. City Council approved the plan at the February 3rd, 2009 council meeting. DISCUSSION The concrete rehabilitation portion of the work is complete at a cost of $3800.00. The railing on the south side of the stairs is failing and needs to be replaced. Staff has received two quotes, a verbal from AWI diversified for $2000.00 and a written quote from Northside Welding & Repair for $1000.00. STAFF RECOMMENDATION Staff recommends that the City Council approve the capital expenditure of $1000.00 to Northside Welding & Repair to replace the railing on the south side of the Willard Street stairs. Oct 13 2009 1:15PM NORTHSIDE WELDING & REPAI 7637842747 r City of Stillwater 216 North 4th Street Stillwater, MN 55082. 1 Attn: Mr. Tim Moore - Assistant Superintendent - Public Works L J Project: Railing Replacement and Repair Corner of Willard Street and First Street Stillwater, MN 55082 Architect: P. 1 In accordance with the plans and specifications of the project referred to above we are pleased to quote on the following materials indicated- $ 1,000.00 Sales or Use Tax: Included (7.125%) Net 30 Days, Freight allowed to: Job Site No Retainage Addenda considered: None AIternates considered: None Bid not valid after 30 day Field Measurements: I ncl uded Erection: Included SPECIFCATIONS: Railing Replacement and Repair We propose to provide labor and materials to complete the following: - Remove existing railing on one side of stair - Furnish and install a new railing using a steel clip angle and anchoring it to existing concrete curb, going down the side of the stair • - Complete minor repairs to the existing railing along the sidewalk in the same area - All materials would be prime painted and finish painted gloss black - Our quote to complete the above described work is $1,000.00 including 7.125% sales tax. Please contact us if you have any questions regarding our proposal. Thank you for the opportunity to quote this project to you! Accepted: NORTHSIDE WELDING & REPAIR, L L C By By C.-OA-Lk./ Milton Click Date Date September 23, 2009 CERTIIIIiD AS A SMALL AND WOMAN -OWNED BUSINESS ENTERPRISE AND TARGETED BUSINESS GROUP 1475 9lst Avenue N.E. • Blaine, MN 55449 • 763 - 784 - 2270 • Fax 763 - 784 - 2747 MEMORANDUM TO: Mayor and City Council FROM: Torry Kraftson, Assistant City Enginee &.' DATE: October 12, 2008 RE: Feasibility Study for 2010 Street Improvement Project (Project No. 2010 -02) DISCUSSION Engineering staff would like to proceed with the 2010 Street Improvement Project. Authorization of a feasibility study is the first step in the process. It is proposed that the following streets be considered for the 2010 Street Improvement Project: Street Name Anticipated Reconstruction Method Oak Glen Trail Oak Glen Crescent Swenson Lane Oak Glen Circle Heifer McKissick Road Court Lookout Street Echo Lane Sunnyslope Lane Street South (Orleans to Willard Pavement reconstruct/ save concrete curb Pavement reconstruct/ save concrete curb Pavement reconstruct/ save concrete curb ` tit �_� ff sav a curb Pavement reconstruct/ save concrete curb Pavement mill and overlay y Pavement mill and overlay Pavement mill and overlay Pavement reconstruct/ save concrete curb Pavement mill and overlay The total length of the streets listed above is 4.0 miles. In the 2007 pavement management study, the above mill and overlay streets were primarily in fair condition and the pavement reconstruction streets were primarily in poor and worst condition. The feasibility study will analyze pavement conditions, subsurface soils, curb needs, storm sewer needs, sidewalk considerations, and utility needs. RECOMMENDATION Staff recommends council pass a resolution authorizing the preparation of a Feasibility Study for street, water main, sidewalk, sanitary, and storm sewer and improvements for the streets listed above for the 2010 Street Improvement Project. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 2009- , RESOLUTION ORDERING PREPARATION OF REPORT FOR 2010 STREET IMPROVEMENTS (Project 2010 -02). RESOLUTION ORDERING PREPARATION OF REPORT FOR 2010 STREET IMPROVEMENTS (PROJECT 2010 -02) BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 20th day of October 2009. ATTEST: Diane F. Ward, City Clerk Ken Harycki, Mayor PROPOSED 2010 FEASIBILITY STUDY AREA THE BIRTHPLACE BF MINNESOTA OAK GLEN DRIVE OAK GLEN TRAIL OAK GLEN PLACE OAK GLEN CRESCENT OAK GLEN LANE SWENSON LANE OAK GLEN COURT OAK GLEN CIRCLE HEIFORT COURT MCKUSICK ROAD COURT LEGEND (PROJECT TYPE) - RECONSTRUCT MILL AND OVERLAY 0 1000 2000 4000 SCALE IN FEET DawoOD NORTH SECOND STREET N Z 80th S 00 DR. OKOU ST. LINDEN ECHO LA. RUNG WAY SLOPE LA. L_IF mak PIA Mil =NMI tag* Imuilumwm r ....inam.. .. Now. P ®n ...N. rr �r il .. . r 'iiui uII I UTH FOURTH !y lU STREET .1 Ilidll City Council DATE: October 16, 2009 REQUEST: Approve parking rates for new parking facility FROM: Bill Turnblad, Community Development Director BACKGROUND The City's parking ramp is nearing completion. Though it may not be open Monday, November 2 °a as originally scheduled, it will be completed sometime in November. Prior to opening the facility to the public, parking rates need to be established. The Downtown Parking Commission has been working on a rate structure since about the beginning of this year. On October 15th they finished their work. SPECIFIC REQUEST Approval of the Downtown Parking Commission's recommendation to adopt the following parking rates for the Stillwater Parking Ramp: 1 Permit Parking (Contract Parking)1 Uncovered, individual daily space $10 /month Uncovered, individual 24/7 space2 $12 /month Covered, individual daily space $15 /month Covered, bulk rate daily spaces $12 /month Covered, bulk rate 24/7 spaces3 $15 /month Covered, reserved daily space $20 /month 2. Event Parking4 Weekends (Fr 5 PM -Sun 8PM, 5/1- 10/31) $5 flat rate Special Events (LJD, July 4, Bike Race) $10 flat rate 3. Hourly Parking' $3 flat rate I Daily space permits = weekdays from 6 AM — 6 PM; parking before and after hours charged flat hourly rate or event rate, as appropriate. 24/7 permits allow the vehicle to be parked in the ramp all day, every day as long as the permit is valid. 2 24/7 spaces impact the number of event permits that can be sold. Event permits are the largest revenue generator for the ramp. Therefore, 24/7 permits may only be approved by the City Council. 3 The only bulk rate 24/7 permits approved to date are for the 23 Lowell Inn rooms. Approval was given in the Development Agreement for the ramp project. Rivertown Commons is expected to request these permits as well. 4 No overnight parking is allowed with the sale of an event parking ticket. Any parking beyond 2 AM will incur the flat hourly rate of $3 every additional day in the ramp and/or event rate, as appropriate. 5 Hourly rate vehicles that stay in ramp into event parking hours are charged an additional event rate. d' Parking Ramp Rates Page 2 of 2 COMMENTS • The City's consultants suggest that the City plan on revenues equally $345 /space /year for operation costs, equipment costs, as well as short and long term maintenance costs. That equals $87,630 per year. Staff believes these numbers may be higher than will actually be necessary given our downtown parking system. As the City gains operating and maintenance experience with the facility, reduction of the total annual revenue goal may be possible. • The total estimated revenue that would be generated annually based upon the Parking Commission's recommended rate schedule would be $99,964. This is more that the $87,630 revenue goal. However, the Commission does not expect annual revenues to actually hit $99,964 for a few years. Also, in case the rate assumptions and estimates are off, the Commission would like to see a buffer built into the rates. Therefore, the Commission feels the $99,964 revenue goal is prudent. • All of the Commission's rate assumptions are available in the attachments. ALTERNATIVES The City Council has the following options available: 1. Approve the Downtown Parking Commission's recommendation 2. Approve an amended version of the Parking Commission's recommendation 3. Table action until the next Council meeting. ALTERNATIVES If the City Council tables action on the parking ramp rate structure, the Downtown Parking Commission recommends using the rate structure of our current 3 hour parking lots until rates for the ramp are established. The 3 hour lots downtown allow parking for free up to 3 hours. Any parking beyond 3 hours requires a $10 monthly permit. If this interim arrangement is adopted by the Council, then the arms on the ramp entrance and exit equipment will be left in the upright position until specific rates are adopted. attachments: Revenue Summary Recommended Rates Event assumptions Contract permit assumptions Hourly permit assumptions Stillwater Parking Ramp Summary Estimated total annual revenue Total annual parking ramp revenue Permit revenue expected Event revenue expected Hourly revenue expected Total projected revenue $13,560.00 $59,764.00 $26,640.00 $99,964.00 The assumptions supporting the three revenue streams have been reviewed by a national parking ramp consultant and by a local company that services parking ramps. Both groups find the assumptions reasonable. Our consultants suggest that the City should plan on $345 /space /year for operations costs, equipme costs, as well as short and long term maintenance costs. That equals $87,630 per year. However, staff believes these numbers are considerably higher than will be necessary given the parameters of our parking system. As the City gains operating experience with the ramp, actual operation and maintenance figures will be available. 10/16/2009 Stillwater Parking Ramp Recommended Rates 10/16/2009 Permit Parking (Contract Parking) uncovered, individual daily space $1O per month covered, individual daily space $15 per month covered, reserved daily space $20 per month covered, bulk r te daily spaces $12 per month uncovered, individual 24/7 space $12 per month covered, bulk 24/7spaces $15 per month L 2 Event Parking (no overnight Weekend parking w/ event permit) '----- $5 flat rate Special Events $10 flat rate .� 3 Hourly Parking (no overnight park ng w/ hourly permit) Flat rate $3 1 BuIk rate = 5 or more monthly permits Weekend = Friday at 5 PM through Sunday at 8 PM, April lst October 31st Special Event currentJy means Lumberjack Days, July 4 and the Bike Race | 10/16/2009 r Contract (Permit) Parking Revenue Assumptions Bulk Rate, Covered, 24/7 Pemits Bulk Rate, Covered, Office Hour Permits Total Covered Standard Rate, Covered, Off. Hr. Prmts Covered, Reserved, Office Hr. Permit Total Uncovered Uncovered, Office Hr. Prmts Est. number 12 11 8 0 0 Est. revenue 52,160.00 51,980.00 51,440.00 50.00 50.00 Est. number 10 10 10 0 0 Est. revenue 51,440.00 51,440.00 51,440.00 50.00 $0.00 Spaces Est. number 0 10 10 0 0 Est. revenue 50.00 51,800.00 51,800.00 $0.00 $0.00 Est. number 0 5 5 0 0 Est. revenue 50.00 51,200.00 51,200.00 50.00 $0.00 Spaces Est. number 0 0 0 15 0 Est. revenue Total spaces Total Permits Total Revenue Level 1 39 0 39 22 53,600.00 Level 2 78 0 •. 78 36 56,420.00 Level 3 78 0 78 33 $5,880.00 Level 4 0 59 $1,8 50.00 59 15 51,800.00 3rd Street lot 0 29 29 0 $0.00 Total 31 55,580.00 30 54,320.00 195 20 53,600.00 10 52,400.00 88 15 51,800.00 283 106 517,700.00 • bulk rate, covered, 24/7; annual cost /permit 5180.00 Equiv. mo. rate 515.00 bulk rate, covered, office hours; annual cost/permit $144.00 Equiv. mo. rate $12.00 20% more than current parking permits, but space is covered Rexry ed covered; annual cost /permit 5240.00 Equiv. mo. rate 520.00 100% more than current parking permits but space is covered and reserved covered; annual cost/permit $180.00 Equiv. mo. rate 515.00 50% more than current parking permits, but space is covered uncovered; annual cost/permit $120.00 Equiv. mo. rate 510.00 Same price as current parking permits Permits valid M -F 6 AM to 6 PM Bulk rate 24/7 = 23 for Lowell Inn and 8 for Rivertown Commons: confirmed Currently sell 44 permits to Gartner Studios and 20 to WR Medical. Assumed these will continue and upgrade to parkin ramp. In addition to the confirmed 24/7 and Gartner/WR sales, it is assumed that another 11 permits will be sold to new Trininty office bldg and others Bulk rate means purchasing 5 or more permits Projected permit revenue $17,700.00 Projected net revenue $13,560.00 (Not including Lowell Inn fees, which are credited agains cost of land contributed to project) 10/16/2009 Event Parking Revenue Assumptions Total spaces 24/7 Permit Spaces Event Spaces Level 1 39 12 27 Level 2 78 11 67 Level 3 78 8 70 Level 4 59 0 59 3rd Street lot 29 0 0 Total 283 31 223 Assumption Scenarios Weekend peak season sales A: May - September; Fri -Sun = 60 days @ one $5 sale per day in 70% of total event spaces Weekend peak season sales B: May -Sept; Fri -Sun = 60 days @ one $5 sale per day in 50% of total event spaces Weekend peak season sales C: May -Sept; Fri -Sun = 60 days @ one $8 sale per day in 70% of total event spaces Weekend peak season sales D: May -Sept; Fri -Sun = 60 days @ one $8 sale per day in 50% of total event spaces Weekend peak season sales E: 60 days @ 1.5 sales per day of $5 in 70% of total event spaces Weekend peak season sales F: 60 days @ 1.5 sales per day of $5 in 50% of total event spaces Lumberjack Days sales A: Thurs + Fri = 75% occupancy of total event spaces @$5; Saturday + Sunday = 1.75 sales for each of total event spaces @ $5 Lumberjack Days sales B: Thurs + Fri = 75% occupancy of total event spaces @$10; Saturday + Sunday = 1.75 sales for each of total event spaces @ $1C Weekend peak season sales A Weekend peak season sales B Weekend peak season sales C Weekend peak season sales D Weekend peak season sales E Weekend peak season sales F 4th of July $5 parking; 100% 4th of July $8 parking; 100% 4th of July $10; 100% Lumberjack Days sales A Lumberjack Days sales B Event revenue (low): Event revenue (medium). Event evenue (high): $46,830.00 $33,450.00 $74,928.00 $53,520.00 $70,245.00 $50,175.00 $1,115.00 $1,784.00 $2,230.00 $5,575.00 $11,150.00 $40,140.00 Weekend peak B; $5 July 4; Lumberjack sales A $59,764.00 Weekend peak A; $10 July 4; Lumberjack sales B $83,625.00 Weekend peak E; $10 July 4; Lumberjack sales B 10/16/2009 Stillwater Parking Ramp Hourly Parking Space Revenue Assumptions 10/16/2009 Total spaces 24/7 Permit Spaces Monthly Permit Spaces Hourly spaces Level 1 39 12 10 17 Level 2 78 11 25 42 Level 3 78 8 25 45 Level4 59 0 15 44 3rd Street lot 29 0 0 0 Total 283 31 75 148 Assumption Scenarios Hourly sales (very conservative): Not including events (peak weekend days, 4th of July or Lumberjack Days) = 300 days; $3 FLAT RATE; 1 sale for 10% of total hourly spaces Hourly sales (conservative): Not including events (peak weekend days, 4th of July or Lumberjack Days) = 300 days; $3 FLAT RATE; 1 sale for 20% of total hourly spaces Hourly sales (moderately conservative): Not including events (peak weekend days, 4th of July or Lumberjack Days) = 300 days; $3 FLAT RATE; 1 sale for 30% of total hourly spaces i ! , NOTES: Third Street lot is free 24/7 Permits are the 23 for the Lowell Inn and 8 for Rivertown Commons. This will be charged established rate. Currently sell 64 monthly spaces to WR Medical and Gartner Studios 148 spaces will be available for hourly parking Annual hourly revenue Very conservative Conservative Moderately conservative $13,320.00 $26,640.00 $39,960.00 Equivalent to an avg. of 14 sales per day Equivalent to an avg. of 28 sales per day Equivalent to an avg. of 42 sales per day 10/16/2009 S Memo B R I H PLA E Cif. PdINNESO i A. Community Development Department To: City Council CC: Lary Hansen and Bill Turnblad From: Michel Pogge, City Plannert4 Date: Friday, October 16, 2009 Re: Downtown Enforcement Message: At the HPC's September 9th meeting the Commission discussed particular property violations including violation of the sign ordinance, building code, use of structures that were not approved by the City, unapproved lighting, and unscreened trash enclosure. An excerpt from the HPC's minutes are attached. At the end of the discussion the Commission requested that staff forward a request from the HPC to the Council that the City move from enforcing by complaint to an active inspection and enforcement program in the downtown area. Since this is a policy change it needs to be discussed by the full council for consideration and direction. A program like this requires: 1) additional personnel and 2) community and political support. RECOMMENDATION Review the HPC's request and provide direction to City Staff. From the desk of... Michel Pogge, AICP • City Planner • City of Stillwater 216 N. 4th Street • Stillwater, MN 55082 651.430 -8822 Fax: 651.430 -8810 email: mpogge @ci.stillwater.mn.us City of Stillwater Heritage Preservation Commission September 9, 2009 ** EXCERPT ** Present: Howard Lieberman, Chair, Micky Cook, Gayle Hudak, Jeff Johnson, Jerry Krakowski, Roger Tomten and Scott Zahren Staff present: Planner Mike Pogge Chair Lieberman called the meeting to order at 7 p.m. Water Street Inn — Mr. Johnson brought up several issues with the Water Street Inn, including draped lighting that comes off the top of the building that can be seen from Pioneer Park, canopies with brand name advertising, temporary advertising banners that have been on the railing for more than 30 days, the plywood structure used as the outdoor bar, the fire escape that should have been enclosed many years ago. Mr. Zahren pointed out there are many establishments that have the umbrellas with the brand name advertising. It was noted that is just one of many violations at this establishment. Mr. Johnson said the Council must direct staff to enforce violations, but suggested that the HPC could ask staff to forward that request to the Council. Mr. Pogge stated the issue with the trash enclosure is being addressed. Mr. Johnson asked Mr. Pogge to ask the Council, on the HPC's behalf, to enforce at this particular property violations of the sign ordinance, the life and safety building code for the fire escape violations, outdoor liquor sales in the plywood fish house, banner and lighting, and trash enclosure. Mr. Zahren asked whether the issue with advertising on umbrellas should be included, suggesting that the Council should direct staff to address all signage violations. Mr. Pogge talked about political reality regarding signage issues. Mr. Tomten suggested rather than singling out one business, do it across the board. Mr. Pogge stated he could look into the issue of the fire escape at the Water Street Inn since that is a code matter. There was continued discussion. Mr. Johnson asked Ms. Cook if she thought the Council might be supportive of a request to begin the process of getting signage into compliance as the summer season is winding down. Ms. Cook said, while she could not speak for the Council, she would support that and said she thought doing that would be consistent with the Council's efforts to address the issue with garbage enclosures. Ms. Cook said she thought it would be important not to single out any specific business. She suggested it might be good to get an inventory of signs and other items that need to be cleaned up; Mr. Pogge said that has been done and well over 100 different violations were discovered downtown. Mr. Lieberman suggested asking the Council to look at categories of violations — umbrella violations, signage violations, etc. so one business is not singled out. 1 Administration Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 10/15/2009 Re: SafeAssure Contract Reviewed by: Larry D. Hansen, City Administrator Since 1999 the City has contracted with SafeAssure to provide safety training, however due to Council's desire to rebid contracts every four years, this professional service was submitted to two vendors and have received two quotes. As a method to reduce costs in safety training but not reduce the required training, Assistant Public Works Superintendent Chaves, contacted surrounding communities to see if they wished to participate in the safety training the City of Stillwater receives with Stillwater acting as the host for location for this training. At this time there are five surrounding communities that are interested in this safety training cooperative. As part of the discussion with the vendors we asked for a quotation based on the same level of service that the City has required from SafeAssure, a cooperative of five communities and the City of Stillwater as the host community. The quotations are as follows: SafeAssure $6875.00 Chess, Inc. $6.900.00 Hosting Credit ($2975.00) 0 Contract Cost $3900.00 $6,900.00 Though the cooperative with other cities, the City will receive an annual savings of $2,975.00 (see attached memo relating to modifications to Public Works for training). RECOMMENDATION: Staff recommends that the safety training contract be awarded to SafeAssure. ACTION REQUIRED: Should Council agree with the recommendations of both memos, they should pass a motion adopting a resolution approving the contract with SafeAssure and authorizing staff to proceed with the modifications to the Public Works facility that will enable Stillwater to be the host city for the training to realize the annual savings in the future. MEMORANDUM TO: Larry Hansen FROM: Nick Chaves DATE: 10/13/2009 RE: Improvements needed at Public Works to Host OSHA/Safety Training DISCUSSION: We anticipate creating a cooperative with surrounding cities in our area for our mandatory OSHA training, and reduce the cost of training for our City employees. We plan on hosting the training at the Public Works Building, the type of training that Public Works staff receives is a lot of hands on training that involves the equipment that they use. This would involve having a training room that would accommodate 50 — 60 people. The second floor at Public Works is an ideal space for this type of training room and all the equipment is stored at the site as well. Improvements that are needed to the second floor would be to add 30' of ductwork, cap the end and add registers to quiet the noise, at this time the HVAC unit just blows straight into the room and is quite loud. I received two quotes with Corporate Mechanical being the lowest. There could be two ways of accomplishing this: Minimum cost $1790.00, this would be enough work for what we need at this time, however if future work be needed in this area, this would have to be reconfigured. Maximum cost of $3000.00, more ductwork could be installed with the slope of the roof so if in the future the room is finished off for office space or something else, it would not have to be reconfigured again. We will also need to spend approximately $300 on sheetrock taping supplies and paint, and the work would be done by Public Works staff. I would also request to spend up to $1000.00 for good used tables and chairs from the MN Dept of Administration Surplus Store to furnish the room so people have a place to sit and take notes or test. We don't anticipate the cost to be this high, but the City has never used this venue to purchase items and depends on what they have available at this time. RECOMMENDATION I would recommend the maximum cost of $3000 so that in the future the HVAC system does not have to be reconfigured. By partnering with other cities for our OSHA training the City of Stillwater will see an annual savings of $2975.00 which would pay for all the improvements in less than two years. We do have funds available in the 2009 Budget (Building Repair Funds) to cover all the costs 7 HVAC Commercial/Industrial Installation ♦ Scheduled Maintenance • 24 hr Service Energy Management • Design Build Engineering DATE: SUBMITTED TO: FROM: JOB NAME: LOCATION: PROPOSAL 9.30.2008 Nick Chaves, City of Stillwater, MN Chris Alvarado Supply air distribution for 2nd floor Stillwater, MN We propose the following: Supply air distribution for the 2 "d floor: • Cap existing 20x24 duct and install 20" round take off on end cap • Provide and install 30' of 20" round supply duct with (6) 20x6 flush mount registers We propose hereby to furnish material and labor- complete in accordance with above specifications for the sum of $1790.00 DOLLARS ($). (One thousanc, seven hundred and ninety dollars) Alternate #1 (Add): Extra material and labor to install ductwork with pitch of roof. We propose hereby to fumish material and labor- complete in accordance with above specifications for the sum of $1200.00 DOLLARS ($). (One thousand, two hundred dollars) All material is guaranteed to be as specified. All work to be completed in a worlanan like manner according do standard practices. Any alteration or deviation from above specifications involving extra cost will become an extra- charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. Price is firm for 30 days. AUTHORIZED SIGNATURE: Chris Alvarado ACCEPTANCE OF PROPOSAL: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. AUTHORIZED SIGNATURE: DATE OF ACCEPTANCE: 5114 Hillsboro Avenue North ♦ New Hope, MN 55428 Phone: (763) 533 -3070 • Fax: (763) 533 -3464 ♦ e -mail: ccorpmech@cs.com PROPOSAL MODERN Heating & Air Conditioning 2318 First Street Northeast • Minneapolis, MN 55418 • Phone: (612) 781 -3358 • Fax: (612) 781 -3428 PROPOSAL SUBMITTED TO: PHONE: FAX: DATE: CITY OF STILLWATER 651- 275 -4103 651- 275 -4112 October 13, 2009 STREET: JOB NAME: 3325 BOUTWELL ROAD Miscellaneous Repairs CITY, STATE AND ZIP CODE: JOB LOCATION: Stillwater, MN 55082 Public Works ATTENTION: MISCELLANEOUS JOB INFORMATION: NICK CHAVES HVAC Modifications MHAC is pleased to provide a proposal for HVAC for the above mentioned project. The following items are included in this proposal. Modern Heating and Air Conditioning will provide all necessary labor, tools and equipment to: Option #1 ➢ Provide and install supply ductwork for the mezzanine D Furnish and install 30 feet of 20 inch round pipe > Furnish and install 6 duct mounted supply diffusers > Permits Price: $3,146.00 Option #2 D Provide and install supply ductwork for the mezzanine > Furnish and install two 90's and run ductwork 15 feet above existing supply. > Furnish and install 30 feet of 20 inch round pipe > Furnish and install 6 duct mounted supply diffusers > Permits Price: $3,465.00 Exclusions: > Service, repair and warranty of existing equipment WE PROPOSE hereby to furnish material and labor - complete in accordance with above specifications, for the sum of: SEE ABOVE All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alternation or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. AUTHORIZED SIGNATURE: NOTE: This proposal may be withdrawn by us if not accepted within 60 days. Mike Houle, Service Manager ACCEPTANCE OF PROPOSAL — The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. DATE OF ACCEPTANCE: SIGNATURE: Fleet and Surplus Services - Admin Minnesota Fleet & Surplus Services Home Fleet Services Surplus Services Disposal of State Property Su rpl us P rope rty for Agencies & D igri PI e r rgan izations Su rpI us P rope rtv For The Public Staff Directory Auctions Contact Us Page 1 of 2 Admin > Division Fleet and Surplus Services Division The Surplus Store - Open To The Public State surplus property is available for purchase by the general public. Items first -served basis, as -is, with no warranty. Returns are not allowed. Store hours: 8:00 - 3:00, Tuesdays &t Thursdays (excluding State holidays) Location: Minnesota Surplus Distribution Center 5420 Old Highway 8. (County _Road _I _ tt 35W.) Arden Hills, Minnesota Telephone: 651.639.4022 CASH ONLY - NO CHECKS OR CREDIT CARDS ACCEPTED Employees of the State and its political subdivisions are not allowed to purch through the garage sale process (Minn. Stat. S15.054). Office Furniture Desks (metal or wood) Chairs File Cabinets (metal or wood) Lateral File Cabinets (metal or wood) Tables Shelving Units (metal or wood) Computer Equipment Computers (includes mouse, keyboard, £t power cord) Monitors Printers Scanner Server Racks Miscellaneous Computer Cables Printer Supplies (toner /ink) Laptop Bags Office Equipment /Supplies http://www.fss.state.mn.us/garagesale.htm $20.00 - $100. $5.00 - $20.00 $5.00 per dray $10.00 per dra $5.00 - $75.00 $10.00 - $25.0 $70.00 - $85. $5.00 - $20.0 $10.00 - $20( $10.00 $20.00 - $50. $1.00 $5.00 $3. 00 10/8/2009 October 6, 2009 Larry Hansen Stillwater City Administrator 216 Fourth St. North Stillwater, MN 55082 The St. Croix Valley Recreation Center, Paul Williquett of Stillwater Dairy Queen, and Greg Gartner of Gartner Studios have discussed DQ management assuming responsibility for the operation of the concession area within the facility. Discussions have included the following details: • Paul Williquett and Stillwater Dairy Queen would have exclusive operation of the concession area. Recreation Center management would require access to the space. • The Recreation Center would be guaranteed $60,000 per year. This amount is equal to the current net revenue generated from concessions (after food and employee cost). • The agreement will be for a ten year period. • Paul Williquett would be responsible for the purchase and installation of all equipment to include: 1) 6' x 36" or 40" vented hood 2) 30" two tier fryer 3) 24" char grill 4) Additional storage shelving 5) Table top ice cream machine 6) New popcorn machine 7) Replace current counter tops where required 8) Additional seating and tables if determined to be necessary. • Any alterations to the building and all permanently installed equipment would stay with the facility at the end of the lease period. • The following existing equipment would be used for the DQ operation: 1) Refrigerator /Freezer 2) Soft drink cooler 3) Hot Dog machine 4) Coke product dispenser. Paul Williquett must honor the current contact between Coke and the recreation center. 5) Coffee /cappuccino mach • The Recreation Center will provide gas and electrical service. • Paul Williquett is responsible for meeting all health department requirements and for obtaining a food license. • Paul Williquett has been provided essential dates and hours of operation. • The concession area will be staffed and supervised by local Dairy Queen management. • The Recreation Center would be allowed to offer beverages and snack food products in the facility office /pro shop area when the concession area is not open. • Note: Dairy Queen International is requiring Paul Williquett to have one full year of operation in the downtown Stillwater location before allowing a "mini DQ" at the Recreation Center. Therefore, in year one Paul Williquett will be using an alternate soft ice cream mix but will be selling DQ frozen products e.g. Dilly Bars. I understand that this potential agreement requires the city's approval before it can be fully implemented. Thank you for your consideration. Regards, Doug Brady, Facility Manager St. Croix Valley Recreation Center Stillwater, MN 55082 City Council DATE: REQUEST: October 15, 2009 Minnesota Cultural Heritage Grant Application for Hersey & Bean Planing Mill Wall Stabilization Plan CC MEETING DATE: October 20, 2009 PREPARED BY: Michel Pogge, City Planner BACKGROUND As part of the Clean Water, Land, and Legacy Amendment $6.75 million was set aside for Minnesota Cultural Heritage Grant for projects between July 2009 and June 2011. This is our first request for funding through this new program and is requesting $4,260 for the development of a stabilization plan for the Hersey & Bean Planing Mill Wall which is rapidly deteriorating. This is located on City property on the Stillwater Barge Terminal site approximately 1,100 feet south of the entrance across from the Oasis Cafe. With this grant the City seeks to develop plans for the immediate stabilization and long term preservation of the remaining rear wall of the Hersey & Bean Planing Mill. The goal of this phase of the project is to: • Complete a structural site investigation of the limestone wall including photo - documentation and measured drawings. • Review State and City Historic Preservation files for information regarding wall history and construction to determine requirements for restoration. • Complete a condition assessment report outlining the cause of the collapse and provide recommendations for both immediate stabilization and long -term preservation. As part of this a cost estimate for each course of action will be developed. Due to the hazard the wall presents in its current condition it is also important that this work be completed prior to the development of a recreational trail through the Stillwater Barge Terminal site. Staff believes that this is an important resource to preserve. Additionally, since this site is currently in the process of being listed on the National Register of Historic Places it would be looked upon poorly by the State Historic Preservation Office for the City to simply demolish the wall. Minnesota Cultural Heritage Grant Application for Hersey & Bean Planing Mill Wall Stabilization Plan Page 2 It is our intention to apply for additional grant funding once the plan is competed to actually complete the stabilization work. Grant Budget The budget for this phase of the project is $4,795. The grant provides $4,260 from the Minnesota Cultural Heritage Grant fund. The City portion would include a $535 of in- kind City Staff time to support the project. No cash contribution is required by the City for this level of grant funding. A budget is included in the grant request. RECOMMENDATION Review and consider approving the Minnesota Cultural Heritage Grant application for the Hersey & Bean Planing Mill Wall Stabilization Plan. attachment: Minnesota Cultural Heritage Grant Application 4 AUTHORIZING THE MINNESOTA CULTURAL HERITAGE GRANT FOR HERSEY & BEAN PLANING MILL WALL STABILIZATION PLAN THROUGH THE MINNESOTA HISTORICAL SOCIETY BE IT RESOLVED, by the City Council of Stillwater, Minnesota authorizes the Minnesota Cultural Heritage Grant for application for the Hersey & Bean Planing Mill Wall Stabilization Plan through the Minnesota Historical Society with a grant request of $4,795.00 and a local in -kind match of $535.00. Adopted by the City Council this 20th day of October, 2009. ATTEST: Diane F. Ward, City Clerk Ken Harycki, Mayor Minnesota Cultural Heritage Grants Applicant City of Stillwater ARTS AND CULTURAL HERITAGE FUND MINNESOTA CULTURAL HERITAGE GRANTS APPLICATION FORM Name of Applicant 216 N 4th St Mailing Address Mailing Address Stillwater MN 55082 City State Zip Are you acting as a sponsor for another entity? [1 Yes Name of Sponsored Entity Authorized Officer 10/20/2009 Signature Date Ken Harycki (651) 430 -8822 Name Telephone (Day) Mayor Title Project Director Michel Pogge City Planner Name Title City of Stillwater Organization Name (if different from Applicant) 216 N 4th St Mailing Address Mailing Address Stillwater MN 55082 City State Zip (651) 430-8822 612- 998 -3349 Telephone (day) (alternate) mpogge((ci.stillwater.mn.us E-mail Address Staff Use. Only Date received Project number: October 2009 Project Title Hersey & Bean Planing Mill Wall Stabilization Project Category History Projects: Collections Care and Management O Digital Conversion and Access riInterpretive Programs • Museum and Archives Environments • Oral History Publications and Research Historic Preservation Projects: Historic Properties Survey and Inventory 0 Evaluation flNational Register Nomination Preparation O Heritage Tourism and Public Education El Preservation Planning Brief Summary of Project This project seeks to develop plans for the immediate stabilization and long term preservation of the remaining rear wall of the Hersey & Bean Planing Mill Wall. Anticipated Completion Date March 1, 2010 Budget Information Check One: X' Small (up to $7000) Ej Mid -Size ( <$50,000) Q Large ( >$50,000) Grant Request: $4,260.00 Optional Applicant Match: TOTAL Project Budget: $535.00 $4,795.00 Your answers must fit in the space provided • Use at least a 10 -point font • See guidelines for more details 1. Project Description What is the specific purpose of your project? Describe its scope and goals. This project seeks to develop plans for the immediate stabilization and long term preservation of the remaining rear wall of the Hersey & Bean Planing Mill Wall. The goal of this phase of the project is to: • Complete a structural site investigation of the limestone wall including photo - documentation and measured drawings. • Review State and City Historic Preservation files for information regarding wall history and construction to determine requirements for restoration. • Complete a condition assessment report outlining the cause of the collapse and provide recommendations for both immediate stabilization and long -term preservation. As part of this a cost estimate for each course of action will be developed. 2. Need and Rationale What research or activity led you to know that this project is needed? This site was surveyed and inventoried as part of the new St. Croix River Crossing by Michelle M. Terrell of Two Pines Resource Group, LLC. The work resulted in the Stillwater South Main Street Archaeological District which is currently under consideration for listing in the National Register of Historic Places. Lumbering was the main economic driver during early European American settlement of Stillwater and the St. Croix River Valley. The Hersey & Bean Lumber Company's sawmill was constructed in 1854 on the riverbank of the St. Croix River at the south end of the downtown Stillwater. The sawmill complex was erected on a half -mile -long, level section of riverfront that is bound to the west by a steep wooded bluff and to the east by the bank of the St. Croix River. At it peak production, this technologically advanced mill was one of the largest lumber producers and employers in the river valley. The mill completed its last season of operation in 1905. The location of the Hersey & Bean Lumber Company's mill site has remained largely undeveloped since the mill was dismantled in 1906. Today the City of Stillwater owns the property were the rear portion of the Hersey & Bean planing mill wall (hereinafter "wall ") sits today and a majority of the site that was used by Hersey & Bean between 1854 and 1906. Between May 26, 2007 (Photograph A and B) and April 30, 2007 (Photograph C and D) a partial collapse of the wall occurred. As freeze /thaw cycles continue it is likely the future deterioration of the wall will occur (Photograph E and F). If this site is not stabilized quickly the City is fearful that the resource will be permanently lost. Long term the City hopes to complete an interpretive signage of the Hersey & Bean Lumber Company site as part of the new St. Croix River crossing loop trail and the Bergstein Shoddy Mill relocation. Your answers must fit in the space provided • Use at least a 10 point font • See guidelines for more details 3. Work Plan and Timetable Provide a detailed schedule showing the sequence and duration of each task. If this request is funding, the City expects to retain a contract consultant with the work to be completed within 90 days. b Your answers must fit in the space provided • Use at least a 10 -point font • See guidelines for more details 4. Project Personnel List those who will work on the project, their qualifications, and the specific tasks they will carry out. If contractors /consultants are to be hired, what qualifications will you require? The City will seek a consultant contractor for this project that meet the U.S. Secretary of the Interior's Professional Qualifications Standards in the area of architectural history and has expertise in structural evaluation. 5. Evaluation Describe your project's outcomes and your plan for measuring results. How will you know the project has succeeded? This project will be successful with the development of both immediate stabilization and long -term preservation plans that both follow the Secretary of Interior's standards for Preservation and that are cost effective for the City, who is the long -tern steward of the resource, to complete and follow. Your answers must fit in the space provided • Use at least a 10 point font • See guidelines for more details 6. Enduring Value and Sustainability In what ways will the project have a lasting impact? Describe your capacity to carry on the work beyond the life of the grant. The City of Stillwater has made a long term commitment in preserving our cultural history. To that end, the City see the development of both the immediate stabilization and long -term preservation of the Hersey & Bean planing mill wall as assisting us in our commitment. Depending on the cost and scope of the stabilization and preservation needs the City may seek additional grant funding to assist in this work. The City plans to continue to own this site perpetually. 1 7. BUDGET— Provide detailed project budget, including sources of match if applicable. Budget Item Grant Amount Requested Optional Cash Match In -Kind Total Hire consultant complete work (contract amount) $4,210 $4,210 Reimbursable Expenses to consultant $50 $50 12 hours of City Staff work $535 $535 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Totals: $4,260 $0 $535 $4,795 How were the above figures determined? Consultant fees are based on scope of work the City solicited and received. City in -kind match is based on actual current wage and benefits paid by the City. OPTIONAL Matching Funds: If you decide to include matching funds, please describe the source of the matching funds to be used on this project. Be as specific as possible. Do not use terms such as "anticipated" or "planned." If the funds are not already secured, describe how and when they will be. 1. Cash Match: Source Status Amount TOTAL: $0 2. In -Kind Match: Person /Title Hourly Pay Rate (see note below) Hours Wage Value Michel Pogge, City Planner $38.43 8 $307.44 Bill Turnblad, Community Development Director $56.96 4 $227.84 $0.00 $0.00 $0.00 $0.00 $0.00 Item(s) Donated Value TOTAL: $535 Note: If an employee, use the employee's current wage and benefits paid by the organization. If a volunteer, use the cur- rent minimum wage for non - skilled general labor. If a volunteer is providing service in the area of his /her training, cal- culate the value at his /her usual hourly rate of pay. TOTAL VALUE OF APPLICANT MATCH: (add totals of 1 -2 above) $535 1W10/411).4 " . . I • , • \I-Atig Photograph A - 07/30/2004 l-iersey & Bean planing mill Wail Stillwater. MN ) i • ). • . - -...,, ..-....1 . • ...-..4 ,''. 1 -t'-_,,,If.•!' _.--1; ‘- ... ..1, ,, ------,--- - • .. .:0•,.... „_:, •-:•• ?;1 . fr6r4. ' - . 1 ...' : • .- • . '4., , _,. ' •—ii-iii._ul , ...;v- ,- —.., .... _. .. ,.,.... .- vt . i.i;•- .• . 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I i.: t f4. ,...; . : .... ....,..., . , (7) iti. . ,t '.- ,g ' ,, l ..r;:.•s .1.. • ‘1 ' . ; ,. , ,•...... ,. ., I. ::13 •... 4 J'y ,.,.... ..:-',I. ''',/,•:7,;,...,...:1 it, .„ .. .11 ,,!(1,0", .... 'i • . , i• ,e.7 ;il 5 " il $1, , '1:`..: . i'• , • 4"-i.: 1 . i• • si: , -,.. ,k, t;.L 1 ,r;:` 1'.6_ -.- ;/. ,_-• i:: ''''./. ',"2 ..,(.5., 1 .., ;Li _ , _ . , q,1 . . : • ' l' -Allv.:.. .. ( • ). ' . .:,. ', .._. . ,..., , .... • I; w, t • .4c • , • • ; • . -••'..; ,i4•4 • is f 41111. _ rar:z.„1::?. • - •••-• 11 ; • • . L ) # !el • 0,4 kJ' MEMORANDUM TO: Mayor & Council FROM: City Administrator Hansen SUBJECT: St. Croix Valley Recreation Center and Lily Lake Arena Management Agreement DATE: October 13, 2009 The annual management agreement for the Recreation Center and Lily Lake Arena is up for renewal. This is an annual agreement due to IRS "Safe Harbor Rules" (see City Attorney Magnuson's memo). The facilities have been very well managed by St. Croix Caterers, Inc. since 1998 and the management fee ($35,000 per year) has not risen since the beginning. All employees of the facility are employees of St. Croix Caterers and Doug Brady, the manager, does an excellent job of keeping both facilities full and satisfying the needs of the various groups that want ice time, etc. Although the contract can certainly be bid out, I do not believe it would be in the best interest of the City to do so and it is not required. RECOMMENDATION Renew the contract at the annual rate of $35,000. Larry Hansen From: Dave Magnuson [ dtmagnuson @magnusonlawfirm.com] Sent: Friday, October 09, 2009 4:55 PM To: Larry Hansen Subject: Sports Center Management Contract Larry, I looked at the history of the arrangement that the City has had with St. Croix Catering. In 1993 the City terminated the manager of the Lily Lake Ice Arena, and looked at hiring a replacement. It appears that Dick Anderson approached the.City with a proposal to manage the rink as a way of keeping his summer tour boat employees working during the winter months. The arrangement worked well and after a one year trial period the agreement was renewed for an initial three year term and for a second three year term. In 1998, during the pre- opening period for the new ice arena and soccer dome, the City negotiated a similar arrangement with Anderson's company, St. Croix Catering for management of the new facility. The new agreement took effect at least a year before the opening of the facility and required and extensive promotional effort so that the facility would be making money immediately once the doors were open. The agreement was for management, and was not a lease, because of the "Safe Harbor Rules" enacted by the IRS. Because of these Rules, and concern that a longer and more fixed agreement would render our Tax Exempt Bonds taxable, the management agreement was and has continued to be a year to year contract and should be a year to year until the Bonds for the facility have been retired. Further, since the agreement was for management and consulting the Public Bidding Laws of Minnesota were not applicable. So, initially and to date it does not appear that alternative proposals were publically solicited. I hope this information is helpful. Dave David T. Magnuson Magnuson Law Firm 333 North Main Street, Suite 202 Stillwater, MN 55082 Phone (651) 439 -9464 Fax (651) 439 -5641 Cell (651) 492 -0997 DTMagnusonPmagnusonlawfirm.com NOTICE: This message is covered by the Electronic Communications Privacy Act, Title 18, United States Code, §§ 2510 -2521. This e-mail and any attached files are deemed privileged and confidential, and are intended solely for the use of the individual(s) or entity to whom this e-mail is addressed. If you are not one of the named recipient(s) or believe that you have received this message in error, please delete this document and notify the sender immediately. Any other use, re- creation, dissemination, forwarding or copying of this e-mail is strictly prohibited and may be unlawful. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney - client, work product, or other applicable privilege. 1 ST. CROIX VALLEY RECREATION CENTER AND LILY LAKE ARENA MANAGEMENT AGREEMENT This Management Agreement ( "Agreement ") is made this )1(1/ day of , 2009, between the CITY OF STILLWATER, a Minnesota Municipal Corporation (the "City "), and HOME RULE CITY OF THE THIRD CLASS with offices at 216 N. 4th Street, Stillwater, MN 55082, and ST. CROIX CATERERS, INC., a Minnesota Corporation, with offices at 301 S. Second Street, Stillwater, MN 55082 ( "St. Croix "). WITNESSETH The City is the owner of Lily Lake Ice Arena ( "Lily Lake ") and the St. Croix Recreation Center, 1675 Market Drive, Stillwater, Minnesota, which features two (2) indoor ice rinks, and a multipurpose domed field house (collectively, the "Facilities "). St. Croix is in the business of managing and marketing ice rinks and sports and entertainment facilities. St. Croix has the knowledge and expertise to manage and market the Facilities. NOW, THEREFORE, in consideration of mutual promises and other consideration the parties agree as follows: ARTICLE I OPERATING CONDITIONS Section 1. Term. Commencing January 1, 2010 and continuing until December 31, 2010, St. Croix will provide the City with the services set forth in this Article. Notwithstanding the foregoing, the City will have a right to terminate this Agreement, for its convenience, upon not less than sixty (60) days prior written notice to St. Croix. In this event the City must pay to St. Croix all amounts owing to St. Croix and accrued through the date of termination, it being understood that the purpose of this termination right is to comply with so- called "safe harbor" guidelines for management contracts under Section 1301(e) of the Tax Reform Act of 1986. Section 2. Responsibilities. 2.01 St. Croix's Responsibilities: a. Marketing and Promotion. St. Croix must perform all marketing activities, which will be undertaken to maximize the use of the Facilities by all persons, provide maximum revenue, as defined in Paragraph 2.01(n) below. St. Croix will conduct a promotional campaign for the Facilities in accordance with a plan for promotion, which must be prepared and submitted, to the City for approval within forty -five (45) days after the date of the agreement. b. Scheduling. St. Croix must develop and maintain all schedules for events held at the Facility and scheduling must be accomplished in accordance with a rate schedule and facility use policy established by City policy, applicable law, and Page 1 of 11 in a manner to maximize the use of the Facilities so as to provide maximum Revenue, for the City. c. Concessions. St. Croix will provide concession services at the Facilities for the sale, through manual service, vending machines and other methods (collectively, "Concessions "). d. Maintenance. St. Croix must perform all minor maintenance of the Facilities; provided that the responsibilities are limited to ordinary and routine maintenance. e. Custodial and Cleaning Services. St. Croix must provide all routine cleaning and janitorial services at the Facilities. f. Pest Control. St. Croix must perform all necessary pest control services, whether performed by St. Croix or a pest control service engaged by St. Croix. Snow Removal. St. Croix must perform all snow removal services on the pathways and sidewalks adjacent to the Facilities. h. Trash Removal. St. Croix is responsible for removal of all trash from the Facilities and agrees that it will not permit any employee, to place refuse outside the buildings on the Facility, except in designated Dumpsters, the location of which must be approved by the city. i. Operational Services. St. Croix will direct all services required to stage (set up and take down) the Facilities for each event including, but not limited to, loading in and loading out the ice rink, dasher boards, the soccer floor and other sports event setups. St. Croix must hire and manage all management staff, ticket sales personnel, ushers and other personnel required for the operation of the Facility, including, but not limited to, ticket taking, program distribution and assistance to patrons general, including the handicapped. Ticket Sales. St. Croix must perform all aspects of ticket sales for events and activities including computerized tickets. Ticket sales services will include ordering, selling and accounting for tickets, reporting ticket revenues for a given event for each user of the Facility, cash and credit card processing, complete auditing and accounting for each event. k. Security. St. Croix must arrange for proper security for events at the Facility and for general security when events are not in progress. The security may be provided by St. Croix or by contract, in its discretion. St. Croix must review exterior crowd management and traffic control with the Stillwater Police. I. Licenses and Permits. St. Croix must obtain and maintain, on behalf of the City, all licenses and permits necessary for management and operation of the Facilities. g. m. Separate Fund Established. On or before the effective date of this Agreement, the City will establish separate funds, separate from any other City funds which will be the exclusive use of all receipts and disbursements related to this Agreement ( "Sports Facilities Fund "). Page 2 of 11 n. Collection of Revenues. St. Croix will be responsible for the collection of all revenue. "Revenue" is defined as the total amount received by St. Croix or any other person or entity operating on St. Croix's behalf from third parties, directly or indirectly arising out or the connected with and on behalf of the facility, including without limitation rental fees, use fees, concession sales, transactions for cash, less applicable taxes and except for contributions, interest earnings or other Revenues that may be collected by the City from time to time. All Revenues generated by the use of the Facilities and collected by St. Croix will be deposited by St. Croix in a designated depository within twenty -four (24) hours of receipt. The City will also deposit any Revenues it may collect from time to time related to the Facilities in the appropriate depository. The City is authorized at any time to obtain information and records from St. Croix concerning proof of payment and verify and inspect any records. o. Disbursements. The City will make disbursements from the Sports Facilities Fund to pay budgeted operating expenses. Any authorized expense incurred by the City or by St. Croix must be disbursed by the City from the Fund. St. Croix must use a purchasing system approved by the City and similar to the purchasing system established for other City funds. p. Meetings. St. Croix must, upon ten (10) days written notice, attend meetings held by the City of Stillwater Parks and Recreation Commission for the purpose of providing reports on the operations of the Facilities and /or to discuss issues or problems concerning the operations of the Facilities. Attendance at meetings held by the City Council will also be required, upon ten (10) days written notice, for discussion of issues or problems that may require such meetings. 2.02 City's Responsibilities: a. Operating Hours. Determine the operating hours and rate schedule of the Facilities and its various components in consultation with St. Croix. b. Trash Removal. Haul trash from the site, provided trash is placed in dumpsters provided by the City. c. Snow Removal. Plow snow from parking lot areas to be used by visitors to the Facilities and St. Croix staff. d. Maintenance. Maintain all outdoor areas of the Facilities unless specifically listed as a St. Croix responsibility. e. Marketing. Assist St. Croix when possible in its promotion and marketing efforts. f. Fee Approval. Approve all fees to be charged by St. Croix, including "mark- up" for resale items such as sports equipment and food and beverages. Bond Payments. Make all debt service payments in connection with the Tax exempt Revenue Bonds used to construct the project and all related accounting and legal services associated with this bond issuance. It is understood that the debt service payments are to be made from Revenues generated by the Facilities, to the extent available. g. Page 3 of 11 h. Budget. Approve and /or amend the annual budget and work program as specified in Section 3.01. Section 3. Budget and Revenue Reports. 3.01 The City, in consultation with St. Croix, will develop an estimated Revenue and Expense Budget for the period beginning January 1, 2010 and ending December 31, 2010. The budget will become a part of this Agreement and will be attached as Exhibits "A ", "B" and "C ". The budget will be used as a tool for the effective management of the Facilities and for evaluating the results of operations. The City and St. Croix will use their best efforts to ensure the effective management of Revenues and expenses related to the Facilities. 3.02 The proposed budget must be reviewed by St. Croix within thirty (30) days after submission. Upon approval by St. Croix, which approval will not be unreasonably withheld, the proposed annual budget will become the final budget for the period until December 31, 2010. 3.03 St. Croix and the City may revise the Budget at any time by mutual written agreement. 3.04 Within fifteen (15) days after the end of each calendar month and within forty -five (45) days after the end of the Contract Year, St. Croix must deliver to the City a true and correct statement certified as true and correct by an officer of St. Croix, of all Revenues of the preceding calendar month and Contract Year, as the case may be, together with any reasonable supporting documentation requested by the City. 3.05 St. Croix must deliver to the City on a daily basis a copy of the deposit made for that day and a revenue report by type of Revenue, including dollar amount and purchaser that reconciles to the daily deposit. Revenue reports for Saturday and Sunday deposits will be delivered to the City on the next business day. Section 4. The Management Fee, Additional Fees. 4.01 St. Croix will be paid a fee equal to five percent (5 %) of the gross revenues ( "Management Fee "), not to exceed a total fee of thirty -five thousand and no /100 dollars ($35,000.00) for providing management services. The fee will be paid as follows: The fees will be paid at the rate of two thousand nine hundred sixteen and no /100 dollars ($2,916.00) per month thereafter to the end of the Agreement. The final payment will be adjusted, if necessary, so that the total fees do not exceed the lessor of five percent (5 %) of the gross revenues or thirty -five thousand and no /100 dollars ($35,000.00). If after the adjustment the fees paid to St. Croix exceed five percent (5 %) of the gross revenues or thirty -five thousand and no /100 dollars ($35,000.00), St. Croix must rebate to the City the amount overpaid. St. Croix will pay any rebate due to the City no later than thirty (30) days after the expiration of this Agreement. In the event of underpayment, any amount due to St. Croix will be paid no later than thirty (30) days after the expiration of this agreement. Page 4 of 11 4.02 The Management Fee is based upon an evaluation of the responsibilities of each party under existing circumstances. In the event of a substantial change in responsibilities based upon changed circumstances, the parties agree to meet and confer with regard to a modification of the Management Fee that is commensurate with the changed responsibilities. Section 5. Payment of Management Fees Personal Services and Operating Expenses. 5.01 From the Sports Facility Fund, the City will pay the Management Fee on the first business day of each month for the preceding month and will pay the Personal Services Expenses, as defined in attached Exhibit B as developed pursuant to Paragraph 3.01 above, as they are incurred in the ordinary course of business and within twenty (20) days after receipt of a Personal Service Expense invoice from St. Croix. That portion of the Operating Expenses that will remain the responsibility of the City and will be paid directly by the City are defined on Exhibit C as developed pursuant to Paragraph 3.01 above. 5.02 In the event that the Sports Facility Fund is insufficient to cover the Operating Expenses and the Management Fee due and payable during a month, the Deficiency will be paid by the City. 5.03 Representatives of St. Croix's management and the City must meet not later than the twentieth (20th) day of each calendar month to review revenues and operating expenses for the prior calendar month. ARTICLE II CONCESSIONS Section 6. Operations. 6.01 St. Croix will cause the Concessions to be operated and conducted so that all persons who patronize the Facility will always be promptly and satisfactorily served. All foods and beverages sold must always be of the highest standard of quality and purity, must be stored and handled at all times consistent with excellent standards of sanitation, preservation and purity, must always be well prepared and satisfactorily served and must always conform to the requirements of all applicable federal, state and municipal laws, statutes, ordinances and regulation. No imitation, adulterated or misbranded commodities may be stored, displayed or sold by St. Croix or any employees or contractors. 6.02 The City and St. Croix acknowledge that it is not always feasible to operate all the Concessions on a daily basis. Periodically, the City and St. Croix will confer in an effort to agree upon the nature and scope of operation, which is consistent with their respective interests. St. Croix will provide reasonable and adequate service consistent with the activities at the location for each event. Section 7. Capital Improvements Equipment Repair and Maintenance. 7.01 It may be desirable to consider additional capital improvements ( "Additional Capital Improvements ") and the purchase of additional Page 5 of 11 equipment ( "Additional Equipment ") for the Premises. At any time St. Croix or the City may request a meeting to confer to consider the advisability of any Additional Capital Improvements and Additional Equipment. No purchases of Additional Capital Improvements or Additional Equipment may be undertaken without the prior written agreement of the City. 7.02 St. Croix must maintain and repair the Equipment, the Additional Equipment, and replacements thereof, the Additional Capital Improvements and replacements thereof in accordance with the Budget and all manufacturers' warranty and preventive maintenance requirements, and the cost thereof. 7.03 The City, at its expense and not as an Operating Expense, must replace all Equipment, Additional Equipment, Additional Capital Improvements, and replacements, using prudent business judgment giving due effect to the nature, age, obsolescence and imminent obsolescence of such assets. 7.04 St. Croix will be responsible for the ordinary housekeeping and cleaning of the Facility and the Equipment, Additional Equipment and Additional Capital Improvements. ARTICLE III GENERAL TERMS AND CONDITIONS Section 8. Representation of the City. The City represents and warrants to St. Croix as an inducement to St. Croix entering into this Agreement, that it is the City's intent that the Facility will be permitted to be open to the paying public in a manner consistent with industry practices. Section 9. Standard of Operation. St. Croix represents and warrants to the City that it will maintain an efficient and high quality operation at the Facility comparable to other locations containing facilities similar to those of the Facilities. Section 10. Accounting Records, Reports and Practices. 10.01 St. Croix must maintain accounting records relating to the Facilities using accounting practices in accordance with generally accepted accounting principles consistently applied. 10.02 St. Croix must establish internal financial control policies and practices which are in accordance with generally accepted standards in the industry and reasonably acceptable to the City. 10.03 The City will have unlimited access to all accounting records and supporting documentation of St. Croix relating to the Facility during the term of this Agreement and for a period of three (3) years thereafter. The right to access will be exercised in a reasonable manner. Section 11. Default, Right to Cure, Consent to Jurisdiction and Waiver of Jury Trial. 11.01 It will bean event of default ( "Event of Default ") hereunder if either party hereto: Page 6 of 11 a. Fails to pay or deposit sums due by one party to the other within seven (7) days after written notice by the other of such failure, or b. Fails to perform or comply with any other obligation of such party hereunder within thirty (30) days after written notice by the other of such failure (which notice will specify, in sufficient detail, the specific circumstances so as to give the defaulting party adequate notice and the opportunity to cure the same); provided however, that if the default is of a nature that it cannot be cured within thirty (30) days, then the defaulting party will not be deemed in default hereunder if it commences to cure the default within ten (10) days after the effective date of the notice of such default and diligently process to cure such default within ninety (90) days after the effective date of notice. 11.02 The parties agree that it is in their best interests to resolve any disputes or defaults, and, accordingly, agree, that prior to the exercise of any remedy granted hereunder, at law or in equity, upon an Event of Default, the parties will, in good faith, consider alternative dispute resolution procedures, including, without limitation, arbitration and mediation. The party who wishes to exercise its remedies will notify the other party thereof, which notice will specify the alternative dispute resolution mechanism that the exercising party wishes to employ (the "Exercise Notice "). The parties will attempt in good faith to resolve the default by the alternative dispute resolution mechanism to which they agree, (including, without limitation, the binding nature of any such alternative dispute resolution proceeding); provided however that if no such resolution has been achieved within ninety (90) days after the effective date of the Exercise Notice, the exercising party may proceed to exercise its other remedies, including, without limitation, termination of this Agreement. 11.03 The parties and each of them hereby irrevocably submits to the jurisdiction of Washington County Minnesota District Court over any action or proceeding arising out of or relating to this Agreement any other document evidencing the transaction contemplated by this Agreement. Section 12. Insurance. 12.01 In connection with the employment of its employees, St. Croix will pay all applicable social security, re- employment, workers' compensation or other employment taxes or contributions of insurance, and will comply with all federal and state laws and regulations relating to employment generally, minimum wages, social security, re- employment insurance and worker's compensation. St. Croix will indemnify and hold harmless the City from all costs, expenses, claims or damages resulting from any failure of St. Croix to comply with this Section 12.01. 12.02 The City will procure and maintain a General Comprehensive Liability policy covering operations of the City at the facility and will name St. Croix as an additional insured on this policy with a combined single limit of the City's legal tort liability Limit as set by the Statutes of Minnesota. Page 7 of 11 12.03 City must procure all Risk Property Insurance for the completed value of the Facility to cover the Facility including St. Croix's use, occupancy and operation of the Facility against the perils of fire and other perils normally covered by an All Risk policy. The City must be named insured on the property insurance. The City and St. Croix agree to waive all rights against each other, and each other's subsidiaries, affiliates, agents and employees, for damages covered by the property insurance. Section 13. Indemnity. St. Croix agrees to indemnify, hold harmless, protect, and defend City or City's agents, representatives and any affiliated or related entities against any and all claims, loss, liability, damages, costs and expenses, including reasonable attorney's fees, that are alleged to have occurred as a result of or due to the breach of contract, negligence or willful misconduct of St. Croix, its agents, consultants, subcontractors, employees or representative, to the extent that such claim, loss, liability, damage, cost or expense is alleged to have been caused by St. Croix, its agents, consultants, subcontractors, employees or representative. St. Croix hereby waives any claims it may, now or in the future, have against City, which claims are or should have been covered by the insurance specified in this Agreement. By this indemnity, which is not intended to be the procurement of insurance, the City in no way knowingly or intentionally waives its "maximum liability" as specified in Minn. Stat. §466.04. Section 14. Damage to and Destruction of the Location. If all or part of the Location is rendered untenantable by damage from fire and other casualty which, in the reasonable opinion of the City, a. Can be substantially repaired under applicable laws and governmental regulations within three hundred sixty -five (365) days from the date of such casualty (employing normal construction methods without overtime or other premium), the City will forthwith at its own expense repair damage other than damage to its improvements, furniture, chattels or trade fixtures. During the period during which the Facility or any part thereof remains untenantable until the Facility resumes full operation. i. The Management Fee must be reduced accordingly, and St. Croix and the City must jointly decide on an operating budget for the duration of the repair period and jointly determine whether to retain personnel during the repair period, and ii. Subject to applicable law, the term of the Agreement will be extended by the amount of time in which the Facilities are closed to the general public due to the damage. b. Cannot be substantially repaired under applicable laws and governmental regulations with three hundred sixty -five (365) days from the date of such casualty (employing normal construction methods without overtime or other premium), then the City must notify St. Croix thereof. In such case, either the City or St. Croix may elect to terminate this Agreement as of the date of the casualty by written notice delivered to the other. Page 8 of 11 Section 15. Employees. 15.01 All persons engaged at the Facility in operating any of the services hereunder are the sole and exclusive employees of St. Croix and must be paid by St. Croix. In connection with the employment of its employees, St. Croix will pay all applicable social security, reemployment insurance, workers' compensation or other employment taxes or contributions to insurance plans, and retirement benefits, and must comply with all federal and state laws and regulations relating to employment generally, minimum wages, social security, re- employment insurance and worker's compensation, and will defend, indemnify and save the City harmless from any responsibility therefore. St. Croix must comply with all applicable laws, ordinances and regulations including, without limitation, those pertaining to human rights and nondiscrimination set forth in Minn. Stat. § 181.59, Minn. Stat. Ch 363 and the Stillwater City Code as the same may be amended from time to time, all of which are incorporated herein by reference. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be canceled or terminated by the City for a violation of this paragraph, in addition to the penalty provisions which may be invoked by the City pursuant to the above cited statutes and ordinances. 15.02 St. Croix will employ trained and neatly dressed employees and the employees must conduct themselves at all times in a proper and respectful manner. Any dismissal must be in accordance with applicable federal, state or local laws which may be in effect, and St. Croix will defend, indemnify and save the City harmless from any claim, cause of action, expense (including attorneys' fees), loss, cost or damage of any kind or nature arising there from, except in the case of express written direction from the City. Section 16. Nonwaiver. The failure of either party at any time to enforce a provision of this Agreement will in no way constitute a waiver of the provision, nor in any way affect the validity of this Agreement or any part hereof, or the right of the party thereafter to enforce each and every provision hereof. Section 17. Amendment. The parties may amend this Agreement only by written agreement executed by the parties. Section 18. Choice of Law. The laws of the State of Minnesota will govern the rights and obligations of the parties under this Agreement. Section 19. Severability. Any provision of this Agreement decreed invalid by a court competent jurisdiction will not invalidate the remaining provisions of this Agreement. Section 20. Notices. 20.01 Any notice required herein will be in writing and will be deemed effective and received (a) upon personal delivery; (b) five (5) days after deposit in the United States mail, certified mail, return receipt Page 9of11 requested, postage prepaid; or (c) one (1) business day after deposit with a national overnight air courier, fees prepaid, to St. Croix or City at the following addresses: If sent to the City: City Administrator/Treasurer City of Stillwater 216 North 4th Street Stillwater, MN 55082 If sent to St. Croix: Richard Anderson St. Croix Catering, Inc. 301 South Second Street Stillwater, MN 55082 20.02 The City's representative to St. Croix in connection with Facility operations will be the City Administrator or a person named by the City and Consultant shall designate the St. Croix On -site Manager. Either party may designate an additional or another representative or address for notices upon giving notice to the other party pursuant to this paragraph. For the purposes of this Agreement, "business day" will mean a day which is not a Saturday, a Sunday or a legal holiday of the United States of America. Section 21. Force Majeure. 21.01 Neither party will be obligated to perform hereunder, and neither will be deemed to be in default, if performance is prevented by fire, earthquake, flood, act of God, riot, civil commotion or other matter or condition of like nature, including the unavailability of sufficient fuel or energy to operate the Location, or any law, ordinance, rule, regulation or order of any public or military authority stemming from the existence of economic controls, riot, hostilities, war or governmental law and regulations. 21.02 In the event of a labor dispute which results in a strike, picket or boycott affecting the Facility or the services described in the Agreement, St. Croix will not be deemed to be in default or to have breached any part of this Agreement. 21.03 Notwithstanding any other provision of this Agreement, in the event that the State of Minnesota changes or terminates the statutory authority of the City for building, operating and maintaining the Facilities, and the changes make this Agreement impractical or unlawful to carry out, the City has the right to terminate this Agreement. Section 22. Integration. This Agreement and all appendices and amendments hereto embody the entire agreement of the parties relating to the services to be provided hereunder. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement will supersede all previous communications, representations, or agreements, either oral or written, between the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. Page 10of11 CITY OF STILLWATER a Minnesota Municipal Corporation Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk CROIX CATERERS, INC. Richard A on, President STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON ) On this day of , 2009, before me, a Notary Public within and for said County, appeared Ken Harycki and Diane F. Ward, to me personally known, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed on behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. STATE OF MINNESOTA )ss COUNTY OF WASHINGTON Notary Public On this o'q"' -day of duad-tmiatr, 2009, before me, a Notary Public within and for said County, appeared Richard Anderson, to me personally known, who, being duly sworn, did say that he is the President of St. Croix Caterers, Inc. and that this instrument was signed as the free act and deed of the corporation. NANCY A ROELOFS Not.' y Put tc -State of Minnesota My Canmission Expires January 31, 2012 Page 11 of 11 Stillwater Public Library 224 N. Third St. Stillwater MN 55082 651.275.4338 www.stillwaterlibrary.org To: Mayor and City Council From: Lynne Berta lmio jorr Re: Reappointment of Three Members of the Library's Board of Trustees October 14, 2009 The library's Board of Trustees recommends the reappointment of Richard Edstrom, Ned Gordon, and Jane Dickinson to the Board for terms beginning in January of 2010. All three are valuable members of the Board, have signified their willingness, and are eligible for reappointment. REAAPPOINTING RICHARD EDSTROM, NED GORDON AND JANE DICKENSON TO THE LIBRARY BOARD NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, hereby reappoints Richard Edstrom, Ned Gordon and Jane Dickenson to the Library Board with terms ending January 1, 2013. Adopted by the Stillwater City Council this 20th day of October 2009. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk MEMORANDUM To: Mayor and City Council ( From: Shawn Sanders, D11- 'ettor of Public Works Date: October 15, 2009 Subject: 2010 Fuel Consortium DISCUSSION This past year, through the State of Minnesota and their Cooperative Purchasing Venture program, City was part of a fuel consortium program along with other government agencies in the metro area that purchased in bulk both gasoline and diesel fuel. As part of our commitment to the program the City agreed to purchase 31,500 gallons of fuel at the fixed rate. This is approximately one -half of the city's annual fuel usage. The remaining amount of fuel is purchased as needed at the daily rack rate for that particular day. In previous years, the City would purchase all its fuel from a distributor based on the daily rack. To date, the City has purchased 45,700 gallons of fuel at a cost of $91,041. Participation in this program of purchasing 50% of our fuel at the fixed rate the City has saved approximately $2000 than if it had purchase all of it fuels at the daily rack rate. In contrast, if the City had purchased 100% of it fuel at the fixed rate an additional $2800 could have been saved. (However, it is suggested that an agency submit only 50% — 80% of their monthly usage under the fixed price program to allow for the chance of lower prices or if there are cutbacks that decrease the amount of gas or diesel usage.) If the City wants to continue participation in the program, we would need to decide how much fuel quantity we want commit for the fixed price program. (For 2009 we committed to roughly 50% our annual fuel usage.) This quantity would have to be submitted to the State by November 9. The program would start on January 1, 2010 and run through January 31, 2011. If the Council so chooses, they should mass a motion directing staff to enter the Fixed Price Fuel Program for 2010 TO: CURRENT FUEL CONSORTIUM MEMBERS CPV MEMBERS LOCATED IN THE 9 COUNTY METROPOLITAN AREA (Anoka, Carver, Dakota, Hennepin, Scott, Sherburne, Ramsey, Wright and Washington) CPV MEMBERS LOCATED WITHIN 50 MILES OF REPORTING FUEL TERMINALS IN: ALEXANDRIA DULUTH MANKATO MARSHALL ROCHESTER MARSHALL FROM: JACKIE FINGER — STATE MATERIALS MANAGEMENT DIVISION RE: FIXED PRICE FUEL PROGRAM FOR 2010 The State intends to lead a solicitation again for 2010 for a fixed price fuel program for qualified participants. There will be two separate solicitations issued - one for participants in the nine county metropolitan area and one for participants located within 50 miles of reporting fuel terminals. The qualification requirements are as follows: • Participant must be a CPV member and agree to, and comply with, all terms and conditions of the Contract. • Participant must be located in the areas defined above. • The tanks must be owned and maintained by the CPV member. • Participant must be able to take either gasoline or diesel fuel in the required product type and as delivered by the Contract Vendor in quantities of at least 500 gallons per delivery, • Participant must take 100 percent of the committed monthly amount at the fixed price contracted on its behalf. • Fill rate must be at least 500 gallons or more. CAREFULLY REVIEW THE FOLLOWING INFORMATION!!! Only those agencies that will be participating in the Fixed Price Program must complete the fuel questionnaire and return it to my attention no later than November 6, 2009. LATE RESPONSES WILL NOT BE CONSIDERED. If you are required to obtain approval by your, governing board, plan accordingly: Please be careful to provide accurate information. Participation in the Spot Price Program does not require quantities to be submitted and may be used on an as needed basis by any participants in the Fixed Price Fuel Program if they so choose. If you have any questions, please feel free to contact me via E-mail (PREFERRED): iackie.finger[cr].state.mn.us. by phone at 651.201.2436, by fax at 651.297.3996. Thank you. RETURN ORDER FORM NO LATER THAN NOVEMBER 6, 2009. r FUEL CONSORTIUM — OVERVIEW FIXED PRICE PROGRAM — The agencies listed on the Fixed Price Schedule are required to take 100% of its monthly quantity committed and the Contract Vendor is required to provide 100% of the monthly quantities contracted. The program will be for 13 months, ending January 31, 2011. If the original purchaser is unable to take all of the monthly committed gallons, the Contract Vendor will be responsible for contacting other locations participating in the Fixed Price Contract to determine if they are able to take additional gallons. If the Contract Vendor is able to ship the unused gallons from the original participating purchaser to another participating agency, there will be no cost to the original participating agency. If the Spot Price is less than the Fixed Price, participants are not required to take more than the monthly amount they committed to. If the Contract Vendor is unable to ship the unused gallons from the original participating purchaser to another participating agency, they may sell the unused gallons on the open market and either debit or credit the difference in price back to the original participating purchaser based on the open market sell price. If the Contract Vendor is unable to provide all of the monthly committed gallons to a participating member by the due date and time, the participating member may purchase the product on the open market and charge the Contract Vendor for any additional costs incurred. SPOT PRICE PROGRAM. In addition to a Fixed Price program, the solicitation will include a Spot Price program for participants to handle extra fuel needs over and above the committed quantities in the Fixed Price program. Participants-are not required to use the Spot Price program and may use other State Spot Price programs currently in place or may purchase their additional fuel needs independently. If the Contract Vendor is unable to provide the order quantity to a State agency or CPV member by the required due date and time, the State agency or CPV member may purchase the product on the open market and charge the Contract Vendor for any additional costs incurred. Only qualified State agencies and CPV Members may participate in the Fixed Price Program unless otherwise approved. Once final Contracts are executed, the participating agency or entity will be notified of the price and the name of the Contract Vendor. The signature below agrees to all terms, conditions and prices of any Contract agreement entered into on its behalf by the State of Minnesota which includes, but is not limited to, taking 100% of the monthly fuel quantities submitted for the Fixed Price Program on the Fuel Order Form. There is no requirement to take any product using the Spot Price Program. AGENCY NAME: ADDRESS: CONTACT PERSON: TITLE: PHONE NO.: FAX NO.: E -MAIL: AUTHORIZED SIGNATURE: RETURN ORDER FORM NO LATER THAN NOVEMBER "6, 2009. PRODUCT 2009 FUEL DELIVERIES GALLONS FIXED RACK PAID DATE DELIVERED PRICE PRICE PRICE gas 1/2/2009 1000 gals 1.7727 1.5636 1.7727 winter diesel 1/2/2009 500 gals 2.3552 2.1072 2.3552 ' winter diesel 1/2/2009 500 gals 2.3552 2.1072 2.1072 gas g 1/13/2009 1005 gals 1.7727 1.6013 1.7727 winter diesel 1/13/2009 1005 gals 2.3552 2.1514 2.1514 1/22/2009 1000 gals 1.7727 1.6733 1.6733 diesel 1/22/2009 600 gals 2.3552 2.0737 2.0737 winter diesel 2/2/2009 505 gals 2.4152 2.1127 2.4152 gas 2/2/2009 1005 gals 1.7927 1.7737 1.7927`'' gas 2/9/2009 1001 gals 1.7927 1.702 1.7927 gas 2/18/2009 1001 gals 1.7927 1.6399 1.6399 winter diesel 2/18/2009 500 gals 2.4152 1.8271 1.8271 Aa winter diesel 3/2/2009 500 gals 2.4152 1.7036 2.4152 gas 3/2/2009 1003 gals 1.7927 1.7253 1.7927 6, winter diesel 3/5/2009 500 gals 1002 gals 2.4152 1.7927 1.57492 1.6751 2.4152 1.7927 gas 3/10/2009 diesel 3/10/2009 1004 gals 2.2527 1.5643 1.5643 a; gas 3/20/2009 1200 gals 1.7927 1.7798 1.7798 x? gas 3/26/2009 1012 gals 1.7927 1.8682 1.8682 gas 4/8/2009 1311 gals 1.7927 1.6964 1.7927 gas 4/20/2009 311 gals 1.7927 1.7925 1.7925 gas 4/20/2009 689 gals 1.7927 1.7925 1.7927 diesel 4/20/2009 500 gals 2.2927 1.9328 2.2927 gas 5/1/2009 1007 gals 1.7927 1.8513 1.7927 ?s diesel 5/1/2009 500 gals 2.3256 1.8931 2.3256 gas 5/12/2009 993 gals 1.7927 2.068 1.7927 gas 5/12/2009 500 _als 1.7927 2.068 2.068 diesel 5/12/2009 499 gals 2.3256 2.0155 2.0155 diesel 5/12/2009 5 gals 2.328 2.018 2.018 i/ diesel 5/22/2009 500 gals 2.3256 2.0938 2.0938 gas 5/22/2009 514 gals 1.83268 2.29599 2.29599 gas 5/28/2009 600 gals 1.7927 2.4408 2.4408'; x gas 6/2/2009 1500 gals 1.7727 2.446 1.7727 diesel 6/11/2009 500 gals 2.3056 2.3998 2.3056 gas 6/11/2009 500 gals 1.8127 2.5152 1.8127 w„ gas 6/18/2009 1515 gals 1.7727 2.4028 2.4028 a a" gas 6/26/2009 1200 gals 1.7727 2.2228 2.2228 diesel 7/2/2009 500 gals 2.2816 2.2779 2.2816 "x diesel 7/2/2009 500 gals 2.2816 2.2779 2.2779 7/2/2009 500 gals 1.8287 2.2848 1.8287 p gas 7/13/2009 1004 gals 1.7887 1.8089 1.7887 "a gas 7/17/2009 496 gals 1.7887 2.1191 1.7887 f ; gas 7/17/2009 504 gals 1.7887 2.1191 2.1191 gas 7/23/2009 1008 gals 1.7887 2.2265 2.2265 diesel 7/23/2009 500 gals 2.3216 2.2753 2.2753 gas 8/3/2009 1500 gals 1.7887 2.3683 1.7887 ha gas 8/13/2009 500 gals 1.7887 2.3099 1.7887 gas 8/13/2009 1000 gals 1.7887 2.3099 2.3099 diesel 8/13/2009 500 gals 2.3216 2.5496 2.3216 . ". gas 8/24/2009 800 gals 1.8287, 2.3182 2.3182, diesel 9/1/2009 500 gals 2.2816 2.3547 2.2816' + "''.. diesel 9/1/2009 500 gals 2.2816 2.3547 2.3547::;` ": gas 9/1/2009 1500 gals 1.7887 1.9214 1.7887 gas 9/11/2009 500 gals 1.7887 2.183 1.7887. gas 9/11/2009 500 gals 1.7887 2.183 2.183 gas 9/18/2009 1400 gals 1.7887 2.2347 2.2347 diesel 9/18/2009 1000 gals 2.2816 2.3659 2.3659 gas 10/1/2009 1500 gals 1.7887 2.1478 1.7887 r. gals gals „Ak gals gals gals h gals gals gals gals fixed rack paid $ 1,772.70 $ 1,563.60 $ 1,772.70 $ 1,177.60 $ 1,053.60 $ 1,177.60 $ 1,177.60 $ 1,053.60 $ 1,053.60 $ 1,781.56 $ 1,609.31 $ 1,781.56 $ 2,366.98 $ 2,162.16 $ 2,162.16 $ 1,772.70 $ 1,673.30 $ 1,673.30 $ 1,413.12 $ 1,244.22 $ 1,244.22 $ 1,219.68 $ 1,066.91 $ 1,219.68 $ 1,801.66 $ 1,782.57 $ 1,801.66 $ 1,794.49 $ 1,703.70 $ 1,794.49 $ 1,794.49 $ 1,641.54 $ 1,641.54 $ 1,207.60 $ 913.55 $ 913.55 $ 1,207.60 $ 851.80 $ 1,207.60 $ 1,798.08 $ 1,730.48 $ 1,798.08 $ 1,207.60 $ 787.46 $ 1,207.60 $ 1,796.29 $ 1,678.45 $ 1,796.29 $ 2,261.71 $ 1,570.56 $ 1,570.56 $ 2,151.24 $ 2,135.76 $ 2,135.76 $ 1,814.21 $ 1,890.62 $ 1,890.62 $ 2,350.23 $ 2,223.98 $ 2,350.23 $ 557.53 $ 557.47 $ 557.47 $ 1,235.17 $ 1,235.03 $ 1,235.17 $ 1,146.35 $ 966.40 $ 1,146.35 $ 1,805.25 $ 1,864.26 $ 1,805.25 $ 1,162.80 $ 946.55 $ 1,162.80 $ 1,780.15 $ 2,053.52 $ 1,780.15 $ 896.35 $ 1,034.00 $ 1,034.00 $ 1,160.47 $ 1,005.73 $ 1,005.73 $ 11.64 $ 10.09 $ 10.09 $ 1,162.80 $ 1,046.90 $ 1,046.90 $ 942.00 $ 1,180.14 $ 1,180.14 $ 1,075.62 $ 1,464.48 $ 1,464.48 $ 2,659.05 $ 3,669.00 $ 2,659.05 $ 1,152.80 $ 1,199.90 $ 1,152.80 $ 906.35 $ 1,257.60 $ 906.35 $ 2,685.64 $ 3,640.24 $ 3,640.24 $ 2,127.24 $ 2,667.36 $ 2,667.36 $ 1,140.80 $ 1,138.95 $ 1,140.80 $ 1,140.80 $ 1,138.95 $ 1,138.95 $ 914.35 $ 1,142.40 $ 914.35 $ 1,795.85 $ 1,816.14 $ 1,795.85 $ 887.20 $ 1,051.07 $ 887.20 $ 901.50 $ 1,068.03 $ 1,068.03 $ 1,803.01 $ 2,244.31 $ 2,244.31 $ 1,160.80 $ 1,137.65 $ 1,137.65 $ 2,683.05 $ 3,552.45 $ 2,683.05 $ 894.35 $ 1,154.95 $ 894.35 $ 1,788.70 $ 2,309.90 $ 2,309.90 $ 1,160.80 $ 1,274.80 $ 1,160.80 $ 1,462.96 $ 1,854.56 $ 1,854.56 $ 1,140.80 $ 1,177.35 $ 1,140.80 $ 1,140.80 $ 1,177.35 $ 1,177.35 $ 2,683.05 $ 2,882.10 $ 2,683.05 $ 894.35 $ 1,091.50 $ 894.35 $ 894.35 $ 1,091.50 $ 1,091.50 $ 2,504.18 $ 3,128.58 $ 3,128.58 $ 2,281.60 $ 2,365.90 $ 2,365.90 $ 2,683.05 $ 3,221.70 $ 2,683.05 $ - $ $ - $ - $ $ - $ - $ $ - $ - $ $ - $ - $ $ $ $ - $ - $ $ - $ - $ $ - $ - $ 45699 TOTALS $ 88,290.71 $ 93,155.98 $ 91,041.50 $ (4,865.27) MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: October 16, 2009 Subject: Curve Crest Boulevard and Northwestern Avenue Crosswalk DISCUSSION Earlier this year, a request was made for installation of a crosswalk at the intersection of Curve Crest Boulevard and Northwestern Avenue. Information and data was gathered on the request over the summer and presented to the Traffic Committee at the September meeting. The attached memo from the committee includes data on the intersection, discussion on the city's Crosswalk Policy, other considerations and their findings and their findings. Based on this information, the recommendation the committee was that no marked crosswalk be installed at this time. CURVE CREST BOULEVARD AT NORTHWESTERN AVENUE CROSSWALK REQUEST Request: A request was received from a citizen to sign and mark a crosswalk on Curve Crest Boulevard at Northwestern Ave. The stated concern was a number of handicapped individuals crossing Curve Crest Boulevard at this wide intersection. Background: Curve Crest Boulevard is a four lane divided roadway and serves as the major east /west street in the large industrial park. It is a Collector Street in the City's Transportation Plan. Northwestern Ave is one of several north /south local streets providing access to individual properties. There are few pedestrian facilities in the area due to its original concept of being an industrial /employment area. A trail was later constructed on the north side of Curve Crest Boulevard from Greeley Street to Washington Ave, and on the south side, west of Washington Ave. There are sidewalks along parts of a few streets such as Orleans Street, Market Drive, and Greeley Street. Most streets have no pedestrian facilities. Pedestrians are apparently generated from the Assisted Living Facility at Orleans Street and from other nearby multiple dwelling units. Any destinations south of Curve Crest Boulevard are assumed to be the few medical facilities and retail stores in that area. Data: The City took pedestrian counts at the intersection for four days from 7 AM to 3 PM (8 hours each day). Pedestrians crossing Curve Crest Boulevard were counted as were pedestrians using the trail on the north side of Curve Crest Boulevard. A total of 58 pedestrians crossed Curve Crest Boulevard during the 32 hours of counting, or an average of less than two per hour. During the last two days, notice was taken of those who appeared to be handicapped on both the trail and the crossing. No one crossing Curve Crest Boulevard appeared handicapped. There were 95 pedestrians using the Curve Crest Boulevard Trail during the 32 hours of counting, or an average of three per hour. 110/C. ¥ee were six crashes at the Northwestern Avenue intersection in a five year period. None involved pedestrians. One involved an illegally parked vehicle on Curve Crest Boulevard and another was a single vehicle crash involving a southbound vehicle from a driveway. The four remaining crashes all apparently involved left turning vehicles. The number and type of crashes does not indicate a problem with the intersection or approaching streets. Sight distance at the intersection is good and exceeds design standards. The intersection is relatively large due to it being located at an angle on a curve and needing to accommodate large trucks. It is consistent with other intersections and with the environment of the area. Traffic volumes on Curve Crest Boulevard are between 9,000 and 11,000 vehicles per day. Traffic flow is constant most of the day with that volume. The volume is consistent with the design and classification of the street. City Crosswalk Policy: The City adopted a Crosswalk Policy in October 2007. The Policy indicates that pedestrian crosswalks shall only be in an area that has in excess of 20 pedestrians per hour crossing during any 8 hour period. The proposed crossing has an average of only 2 crossings per hour, or about 10% of the needed number. The Policy also has provisions for crosswalks on school routes, adjacent to high use public facilities or public parks, and for designated trails. The proposed crossing meets none of those criteria. The Policy also has a provision for locations where significant numbers of handicap or senior citizens cross. With an average of only two crossings per hour and none noted as handicap, the proposed crossing does not meet that provision. Other Considerations: The intersection and the area streets were not designed to accommodate pedestrians. There are few sidewalks in the area. There are also few pedestrian generators. The few current pedestrians generally walk in the street adjacent to the curb. Since there are usually few vehicles parked along the streets, the pedestrians are generally away from direct conflict with moving vehicles and are visible to drivers. Pedestrians walking in the street are required to walk facing traffic and thus could be on either side of the street. Observations in the area indicate that existing pedestrian traffic seems to primarily be associated with the Fitness Center or be recreational and wellness walkers from the area. There are few businesses in the area that are normally considered pedestrian destinations. A review of the area showed that all facilities only had driveways between the street and the building; none seemed to anticipate pedestrian traffic by providing sidewalks. The intersection at Northwestern Avenue and Curve Crest Boulevard has no sidewalks approaching the curb in any quadrant. There are no pedestrian "safe landing zones" in any quadrant. Paved connections between the trail and the street exist only at driveways. There are no sidewalks or trails south of Curve Crest Boulevard. Findings: The proposed crosswalk does not meet any of the Guidelines for installation under the City Policy. It meets only 10% of the volume needed and does not meet any other criteria. The Policy is intended to improve City wide safety at crosswalks and installing a crosswalk that is inconsistent with the policy could reduce overall pedestrian safety. The preamble to the Policy Guidelines provides the reasoning for careful installation of any marked crosswalks in the City. It also indicates that an unmarked crosswalk can still be safe and effective based on studies of existing crosswalks. There are few major destinations for pedestrians south along Northwestern Ave. The fitness center, some of the stores in the Valley Ridge Mall, and a few other facilities will draw a few pedestrians, but not enough to develop a noticeable pedestrian traffic pattern. Directing pedestrian traffic down Northwestern Ave will place pedestrians in the streets and may lead them to the Highway 36 frontage roads which could best be termed as pedestrian unfriendly. A marked crosswalk on the east side of the intersection (or west) would require marking a crosswalk on the south side as well to allow pedestrians to abide by the walking facing traffic rules. Safe landing areas would need to be constructed in at least three quadrants of the intersection, and those on the south side would be difficult to design to truly be safe and usable by pedestrians. It would be better to look at the industrial commercial area south of Orleans Street as a whole to determine if any pedestrian facilities would be desirable and then provide an overall plan. The existing City Trail Plan would be a good starting resource. A sidewalk along Washington Avenue to and across Highway 36 may provide better service to pedestrians and a safer overall system. Recommendation: Do not install a marked crosswalk on Curve Crest Boulevard at Northwestern Ave. Stillwater Traffic Review Committee 9/18/09, based on discussion at the September 8, 2009 Committee meeting. Washington BOARD AGENDA OCTOBER 20, 2009 - 9:00 A.M. 1. 9:00 Washington County Regional Railroad Authority Convenes A. Roll Call B. Pledge of Allegiance C. September 8, 2009 RRA Minutes D. Red Rock Corridor Station Area Planning Study E. Adjourn 2. 9:10 Washington County Board of Commissioners Convenes 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 Fy, 3. 9:10 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Governntewhether or not the issue is listed on this agenda. Persons who wish to address the Board musll out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podiustate your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Boarchtlr reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly a, tentative, 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 the scheduled agknitems. 4. 9:15 Consent Calendar 5. 9:15 Community Corrections — Tom Adkins, Director Accept $5,000 from Target Corporation for Juvenile Programming 6. 9:25 General Administration — Jim Schug, County Administrator A. Establishing County Commissioners' Salaries and Expenses and Benefits for 2010 B. Renew Employment Contract and Establish the 2010 Salary for the County Administrator C. Establish the Salaries for the County Sheriff, County Attorney, and Assistants for 2010 D. Ratification of 2010 Wages and Health Insurance for Department Heads 7. 9:45 Commissioner Reports — Comments — Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments mutters of interest and information, or raise questions to the staff. Tk action is not intended to result in substantive board action duringhis time. Any action necessary because of discussion will be scheduled for a future board meeting. 8. Board Correspondence 9. 10:00 Adjourn 10. 10:05 to 10:35 — 2010 Budget Workshop Public Works 11. 10:35 to 11:05 — Board Workshop with the Office of Administration Discuss the 2010 - 2014 Capital Improvement Program 12. 11:05 to 11:35 — Regional Railroad Authority Workshop with Public Works Review the October 21 Counties Transit Improvement Board Agenda ** *MEETING NOTICES LISTED ON BACK * ** Assistive listening devices are available for use in the County Board Room If w,, n.Pt1 accict n, 1111P to ricahility nr lannuanP harrier nlaasPJ'Pll IR. 11d4r1RrHU1 EQUAL &'vIPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR* OCTOBER 20, 2009 The following items are presented for Board approval /adoption: DEPARTMENT /AGENCY ITEM Administration Community Corrections Community Services A. Approval of county comments on the City of Lakeland's proposed modification to the Tax IncrementFinancing (TIF) District No. 1 -1, which will expand the budget of the original TIF plan. B. Approval of resolution, grant agreement with the Office of Justice Programs, Minnesota Department of Public Safety in the amount of $187,425. C. Approval of a comment letter to the Metropolitan Council regarding the Dial -A -Ride service changes. D. Approval to accept a donation of car seats to the Community Services Department from the King of Kirgs Lutheran Church, Woodbury. E. Approval of a cooperative agreement with Olmsted County to jointly purchase web -based software for adult protection assessments. Information Technology F. Approval to purchase computer server hardware and three (3) year hardware support with Hewlett Packard. Library G. Approval of resolution, Joint Purchasing Agreement with Carver County for purchases related to the electronic kiosk services library project. Public Health and Environment H. Approval of the Public Health Emergency Response, Phase I/II agreement with the Minnesota Department of Health and authorization for the County Board Chair and County Administrator to enter into the agreement. *Consent Calendar items are generally defined as items of routine busies, not requiring discussion, and approved in one voteCommissioners may elect to pull a Consent Calendar item(s) for discussion and /or separate action. ********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MEETING NOTICES ** (**Meeting dates, time, and locations may change. Contadhe Office ofAdministration or individual agencies for the most current information.) Date October 20 October 20 October 21 October 21 October 21 October 21 October 22 Committee Time Housing and Redevelopment Authority Board 3:30 p.m. Historic Courthouse Advisory Council 5:00 p.m. Counties Transit Improvement board 8:30 a.m. Workforce Investment Board 8:30 a.m. Metro TAB Programming & Advisory Board 12:00 p.m. MICA 2:00 p.m. Community Corrections Advisory 7:30 a.m. Location 1584 Hadley Avenue North— Oakdale 101 West Pine — Stillwater 90 West Plato Blvd. — St. Paul 6043 Hudson Road — Woodbury 390 Robert Street North — St. Paul Kelly Inn, Sibley Room 2nd Floor — St. Paul Washington County Government Center