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HomeMy WebLinkAbout2010-10-05 CC Packet"fillwater TMF IIITM ►IA CE OF ■IIIE10iI REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street October 5, 2010 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Presentation Downtown Pedestrian Plaza & North Lowell Parking options 2. Discussion and possible approval of Special Events Task Force recommendations STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Dev. Director 7. Public Wks Dir/ 8. Finance Dir. 9. City Attorney 10. City Administrator City Engr. 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 11. Possible approval of the September 21, 2010 regular meeting minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 12. Bridgid Dowdal- Judge candidate 13. Proclamation: Fire Prevention Week — October 3 -9 OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. CONSENT AGENDA (Roll Call) 14. Resolution 2010 -149, directing payment of bills 15. Resolution 2010 -150, adopting delinquent cleanup services charges 16. Resolution 2010 -151, approving agreement with John T. Ballis PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or less. UNFINISHED BUSINESS NEW BUSINESS 17. Possible approval of parking limits — Lens (Resolution — Roll Call) (AVAILABLE TUESDAY) 18. Discussion regarding waste hauler contract. 19. Possible accepting quotations to demolish nuisance garage (Resolution — Roll Call) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS /REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. MINNESOTA STATUTES 2010 466.04 466.04 MAXIMUM LIABILITY. Subdivision 1. Limits; punitive damages. (a) Liability of any municipality on any claim within the scope of sections 466.01 to 466.15 shall not exceed: (1) $300,000 when the claim is one for death by wrongful act or omission and $300,000 to any claimant in any other case, for claims arising before January 1, 2008; (2) $400,000 when the claim is one for death by wrongful act or omission and $400,000 to any claimant in any other case, for claims arising on or after January 1, 2008, and before July 1, 2009; (3) $500,000 when the claim is one for death by wrongful act or omission and $500,000 to any claimant in any other case, for claims arising on or after July 1, 2009; (4) $750,000 for any number of claims arising out of a single occurrence, for claims arising on or after January 1, 1998, and before January 1, 2000; (5) $1,000,000 for any number of claims arising out of a single occurrence, for claims arising on or after January 1, 2000, and before January 1, 2008; (6) $1,200,000 for any number of claims arising out of a single occurrence, for claims arising on or after January 1, 2008, and before July 1, 2009; (7) $1,500,000 for any number of claims arising out of a single occurrence, for claims arising on or after July 1, 2009; or (8) twice the limits provided in clauses (1) to (7) when the claim arises out of the release or threatened release of a hazardous substance, whether the claim is brought under sections 11513.01 to 11513.15 or under any other law. (b) No award for damages on any such claim shall include punitive damages. Subd. la. Officers and employees. The liability of an officer or an employee of any municipality for a tort arising out of an alleged act or omission occurring in the performance of duty shall not exceed the limits set forth in subdivision 1, unless the officer or employee provides professional services and also is employed in the profession for compensation by a person or persons other than the municipality. Subd. lb. Total claim. The total liability of the municipality on a claim against it and against its officers or employees arising out of a single occurrence shall not exceed the limits set forth in subdivision 1. Subd. 2. Inclusions. The limitation imposed by this section on individual claimants includes damages claimed for loss of services or loss of support arising out of the same tort. Subd. 3. Disposition of multiple claims. Where the amount awarded to or settled upon multiple claimants exceeds the applicable limit under subdivision 1, paragraph (a), clauses (2) to (4), any party may apply to any district court to apportion to each claimant a proper share of the total amount limited by subdivision 1. The share apportioned each claimant shall be in the proportion that the ratio of the award or settlement made to each bears to the aggregate awards and settlements for all claims arising out of the occurrence. History: 1963 c 798 s 4; 1976 c 264 s 1 -3; 1983 c 121 s 28; 1983 c 331 s 2,3; 1986 c 444; 1989 c 325 s 50; 1997 c 210 s 3,4; 2006 c 232 s 2 Copyright © 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. a7 p f �4 lor d e .A Koji I R I L-4MW m t d S P } li� t , I aA� � i 10 i- P i 1 -1 � r RESOLUTION 2010 -149 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 $304,171.59 are hereby approved for payment, 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 5th day of October, 2010. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk 0 LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2010 -149 10,000 Lakes Chapter of ICC CEU Seminar 210.00 1ST Line /Leewes Ventures LLC Concession Supplies 939.11 3M Sign sheeting 1,299.97 A -1 Maintenance, Inc. Biweekly Mowing, Nuisance Properties 1,763.41 Abrahamson Nurseries Rock for Street Project 10.69 Action Rental, Inc. Concrete Mixer 197.72 Aramark Uniform Services Mats for the Parking Ramp 390.47 ARENASERV LLC Board Cleaning 1,000.00 Aspen Mills Uniforms /Fire 186.91 Bell's Trucking Inc. Excavate and grade holding ponds 5,694.00 Board of Water Commissioner WAC Charges 9,207.00 Carlson Sports Marketing Dasher Board Banner 92.00 CARQUEST Auto Parts Equipment Repair Supplies 361.20 Century Power Equipment Kit, cutter housing 144.57 Clark, Luann Cleaning At City Hall 1,057.50 Comcast Cable 303.97 County Materials Corporation Manhole Block 2,124.53 Cub Foods Food for Pancake Breakfast 31.00 Force America Keyed bolt for Repair #15 351.93 Holiday Credit Office Fuel 12.00 1/0 Solutions, Inc. Test scoring firefighter applicants 248.00 Johnson Controls HVOC repair invoice # 1- 1594438777 2,849.88 L & D Sign Electrical work 169.45 Menards 31 gal trash can 169.21 Metro Fire Equipment Repairs 95.58 Metropolitan Council July 2008 Monthly SAC 18,711.00 MN Dept of Labor & Industry Quarterly Surcharge 3,825.03 MN Pollution Control Agency Certification Renewal 23.00 MTI Distributing Filters 119.12 NAPA Auto Parts Oil Filter 3.20 Newman Signs Sign blanks 1,211.97 Office Depot Office Supplies 12.91 Onsite Sanitation Portable Sanitation Rent SN# 10796 1,052.68 R & R Specialties, Inc. Ice Paint 1,020.66 Riedell Shoes, Inc. Skates for Resale 613.82 Roberts Company, Inc. Uniform Supplies 66.90 Rose Floral Friends of Stillwater Parks 60.24 Sherwin Williams Paint 196.80 Springsted Continuing Disclosure 20008 GO Water 2,600.00 Sprint Building Dept Cell Phones 88.59 EXHIBIT " A" TO RESOLUTION #2010 -149 Page 2 319.24 Stillwater Fire Relief Assoc Fire State Aid 100,411.00 Stillwater Gazette Stillwater Gazette 218.00 Sun Newspapers Planning Commission 17.82 T.A. Schifsky & Sons, Inc. Asphalt 846.70 Tague, Tina Park Deposit Refund 100.00 Telemetry and Process Controls Repair Lift Station SCAD alarm system 290.00 Tousley Ford Vehicle Repairs 150.08 University of MN Erosion /Sediment RD 3501 Design of Construction Storm water 155.00 UPS Postage 55.83 USAble Life Term Life Insurance 403.20 Verizon Wireless Cell Phone 1,863.51 Waste Management - Blaine Garbage Waiver 409 Holcombe St. S 36.97 Watson Company, Inc. Concessions Supplies 303.90 Yocum Oil Company Fuel 3,585.00 Zoller, Rob Reimburse for Fire Open House supplies 69.26 LIBRARY Ace Hardware Janitorial Supplies 319.24 Baker & Taylor Library Books 1,839.57 BWI Book Wholesalers Children Books 1,157.60 Comcast Telecommunications 49.90 Fed Ex Shipping 14.60 Hansen, Ann Reimburse for Postage 10.02 Midwest Tape Rental DVD's 125.95 Nardini Fire Equipment Extinguisher Inspection 127.00 National Trust For Historic Preservation Membership 15.00 Peterson, Andrew D Event Preparation 21.32 Petrie, Angela Reimburse for Children's Books 145.23 Quill Corporation Office Supplies 235.35 Rosentreter Hannah Event Preparation 28.42 Stringer Business Systems Maintenance Contract 26.45 Sunset Cleaning /Donna Rosentreter Cleaning Services 230.00 Washington County Library Electronic Databases 1,182.02 Young, Peter Event Preparation 28.42 AUGUST MANUALS Our Design Embroidered Flag /Fire Department 48.89 Xcel Energy Electricity & Natural Gas 3,870.33 EXHIBIT " A" TO RESOLUTION #2010 -149 Page 3 ADDENDUM Ace Hardware Equipment Repair Supplies 160.12 Action Rental Concrete & Mixer 475.59 American Test Center Ladder Testing 1,195.00 Aramark Uniform Services Mats 56.10 Aspen Mills Uniforms 218.29 Bosin, Jim Refund Park Deposit 100.00 Carquest Equipment Repair Supplies 108.43 CCP Foundation Refund Park Deposit 100.00 City of St. Paul Police Education 300.00 Cole Papers Janitorial Supplies 996.63 Delta Dental Cobra Dental 196.55 Jefferson Fire & Safety Uniforms 754.48 Kirvida Fire, Inc Repairs to Ladder Truck 1,398.99 Lakeview Hospital Legal Blood Draw 40.00 Law Enforcement Targets, Inc. Police Supplies 84.87 Mac Queen Equipment Equipment Repair Supplies 1,893.38 Magnuson Law Firm Professional Services 6,126.83 Menards Equipment Repair Supplies 10.85 Metro Fire General Supplies 135.58 MNGFOA Seminar Fees 15.00 Miller Excavating Gravel 354.97 Municipal Clerks & Finance Officers Assoc. Membership 35.00 Office Depot Office Supplies 77.25 On Site Sanitation Portable Restroom Services 214.82 Qwest Telephone 193.46 Richard D Johnson Professional Services 1,300.00 River Valley Printing Letterhead & Envelopes 275.75 Roberts Company Uniform Emblem 25.50 Service Master Carpet Cleaning 384.75 Software House Int Microsoft Licensing 10,198.01 St. Croix Boat & Packet Catering for Lumberjack Days 631.18 State of MN Dept of Transportation Lab Tests 36.78 Stillwater Gazette Subscription 109.00 Stillwater Motors Vehicle Repairs 125.14 Stillwater Towing Towing Charges 320.64 Sun News Papers Publications 99.63 SW /WC Services Retiree /Cobra Health Insurance 43,050.18 Sykes, Kyle Investigator Apparel 376.29 Thompson, Linda Reimburse Travel Expenses for Conference 119.15 Tristate Pump & Controls Equipment Repair Supplies 948.59 EXHIBIT " A" TO RESOLUTION #2010 -149 Wal -Mart Washington County License Center Washington County Public Safety Xcel Energy Adopted by the City Council this 5th Day of October, 2010 General Supplies Duplicate Engineering Vehicle Tabs 3rd Quarter Radios Electricity & Natural Gas Page 4 64.44 9.50 4,100.82 50,256.45 TOTAL 304,171.59 RESOLUTION 2010 -151 APPROVING AGREEMENT WITH JOHN T. BALLIS BE IT RESOLVED by the City Council of Stillwater, MN that the agreement with John T. Ballis and the City of Stillwater, for background checks, as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign the agreement. Adopted by the Stillwater City Council this 5th day of October, 2010. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Oct 05 10 09:31a John Ballis AGREEMENT An Agreement Dated: October S, 2010 651 - 429 -1140 p.1 By and between City of Stillwater ("City ") and John T. Ballis (°Consultant ") Whereas, the City of Stillwater has need of specialized services and other functions, and consultation as needed to assist the city with the hiring process regarding applicants for the position of, Police Officer/ Firefighter and other positions of City Employment; and Whereas, consultants by training and experience warrants that he/she possess the skill and expertise to conduct thorough pre - employment background consultations as needed to assist the city with the hiring process of individual/applicants as to their fitness and suitability for the position of Police Officer/Firefighter, and/or other positions of City Employment, now therefore, It is agreed by the City of Stillwater and the consultant as follows that: 1. For the consideration hereinafter stated, consultant will perform pre- employment background investigations as needed by the City of Stillwater, regarding persons who are app[icant/candidates for the position of Police OfficenTirefighter and/or other positions of City employment. 2. For the consultant's faithful performance of his/her duties, the consultant will be paid the sum of S25.00 per hour or $1100.00 per candidate/applicant. 3. - depth written interviews of all persons The consultant will produce in contacted by the consultant with an accompanying written commentary and analysis supported by documentation when applicable as to the consultant's own evaluation of the fitness of the applicant/candidate. 4. The City of Stillwater shall be responsible for setting the consultant's hours and methodology of conducting any /all functions and consultations as needed to assist the city with the hiring process and such time lines as the City of Stillwater may establish for the completion of any consultation. S. The consultant shall keep confidential all investigative reports and other documents as may come into his/her possession and shall turn over the same to the City of Stillwater for its use. Oct 05 10 09:32a John Ballis 651- 429 -1140 p.2 Name: 6. The City of Stillwater will furnish the consultant with such items or identification and equipment that are needed to establish the consultant's relationship and perform his/her duties with the City of Stillwater.. All items of identification and equipment furnished to the consultant shall be returned upon termination of this agreement. 7. The consultant is at all times hereunder an independent contractor and not an employee of the City of Stillwater and is not entitled to any of the rights, privileges or benefits granted regular City of Stillwater employees. 8. This agreement may be terminated without cause by either party upon forty- eight (48) hours written notice from one to the other and the City of Stillwater shall be liable for the value of the consultant's service to the effective date of the notice. 9. The City of Stillwater liaison for the purpose of this agreement will be the Chief of Police/Fire Chief or his designee. 10. The effective date of this agreement shall be the date first noted above and unless terminated as provided herein at an earlier date, shall continue indefinitely. 11. That the City of Stillwater will indemnify and hold harmless the consultant for any claims arising out of the consultant's performance herein, the consultant agrees to give his full cooperation and assistance in the defense of any claims. Address: City /State/Zip: City of Stillwater Liaison/Representative: City: Mayor: City Clerk: r water 8 r R T H P L A C E O F M I N N F S 0 A Memo To: City Council From: Michel J. Pogge, City Plann %59 Date: October 1, 2010 Re: 356 Ramsey St W Backeround In July of 2008, the Planning Commission approved variances for the reconstruction of a home at 356 Ramsey St W. As part of that approval, a dilapidated garage was required to be removed and grading was to be completed to control storm water runoff from the site. The garage and grading work has not yet been completed. Staff contacted the property owner and her contractor a number of times starting this past spring in an attempt to get the work completed. The garage was never removed and the property has now fallen into foreclosure. The City mailed an abatement order on August 10, 2010, which required that the garage be removed and the storm water controls be started by September 9, 2010. Both the owner and the bank received the notice on August 13, 2010 via certified mail. Both the owner and bank had until August 18, 2010 to file an appeal of the order to the City Council, which was not done. The Bank contacted me on August 20, 2010 and requested an extension of the September 9th deadline to September 15, 2010 which I granted. Later the bank contacted me and stated that they would not control the property until December 4, 2010 at the earliest, when the redemption period is completed. Cindy Shilts and I visited the site on September 24, 2010. It is Cindy's opinion that the garage needs to be demolished as soon as possible. The entire garage has deteriorated, the south block wall (which serves as a retaining wall as well as a wall of the garage) is separated into five different sections, and the wall is bowing inward. The entire garage is leaning to the north and east. This garage needs to be demolished as soon as possible to avoid collapsing on its own and possibly onto the neighbor's garage and property to the north. Discussion Staff solicited and received three quotes to remove the garage, complete the associated storm water controls, and retaining wall on the site. The bids are as follows: Bell's Trucking Inc. $7,800.00 Fuhr Trenching, Inc. $8,360.00 Miller Excavating $10,352.05 Fiscal Impact If the City completes this work, the costs of the project will be billed to the property owner. Any unpaid bill as of October 15, 2011 will be assessed against the home's property taxes. Staff Recommendation Staff recommends that the City Council approve a contract with Bell's Trucking for $7,800.00 plus building permit fees ($162.15) to remove the garage and complete the associated storm water improvements at 356 Ramsey St W. ACCEPTING QUOTATIONS TO DEMOLISH NUISANCE GARAGE WHEREAS, quotes were received for the demolition of a nuisance garage; and WHEREAS, quotes were received as follows: Bell's Trucking, Inc. $7,800.00 Fuhr Trenching, Inc. $8,360.00 Miller Excavating $10,352.05 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater that the quotation from Bell's Trucking; Inc. in the amount of $7,800.00 be accepted. Adopted by the Stillwater City Council this 5th day of October 2010. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk U C�t�t� I�✓! OY' �C TGsL ce� n Cc 4e ozw tib M4,%I _ ( / O)r )NoAecn') gtl 4 1 � a47 Gtr j, Z�*r, I lot t � wok • � G�►��' � �' UJ,p i-l.;:2t, 4Ga� ar a4,), bu ds- -h r�, , c cv�. dto ibr� 1� our�,�,►G d.s� ; I i I *g­ .ter IMF 110TOFI.ACF Of ■IIIFIOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street October 5, 2010 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Presentation Downtown Pedestrian Plaza & North Lowell Parking options 2. Discussion and possible approval of Special Events Task Force recommendations STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Dev. Director 7. Public Wks Dir/ 8. Finance Dir. 9. City Attorney 10. City Administrator City Engr. 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 11. Possible approval of the September 21, 2010 regular meeting minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 12. Bridgid Dowdal- Judge candidate 13. Proclamation: Fire Prevention Week — October 3 -9 OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. CONSENT AGENDA (Roll Call) 14. Resolution 2010 -149, directing payment of bills 15. Resolution 2010 -150, adopting delinquent cleanup services charges PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or less. UNFINISHED BUSINESS NEW BUSINESS 16. Possible approval of parking limits — Lens (Resolution — Roll Call) (AVAILABLE TUESDAY) 17. Possible approval of 2011 Marathon Agreement (Resolution — Roll Call) 18. Discussion regarding waste hauler contract. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS /REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. s i ter 0 f N €H N F S 6 i A Memo To: City Council From: Michel J. Pogge, City Plann�c� Date: October 1, 2010 ' 1j � Re: Pedestrian Plaza Background Back in 2005, the City set aside $375,000 for the development of a pedestrian plaza that would connect Main Street and Lowell Park along the Commercial Street corridor. The pedestrian plaza concept was also shown as part of the 2030 comprehensive plan and was expanded to the front of the new parking ramp at 2nd Street. Recently Mike Deem and Roger Tomten of ArchNet provided pro bono services to develop a more detailed concept plan to help guide the City in the development of the Pedestrian Plaza. Discussion The plan calls for the development of a pedestrian way between Lowell Park and the parking ramp at 2 Street along the Commercial Street corridor. Modifications to the intersections at 2 Street, Main St, and Water Street would be made to emphasize pedestrian crossings. Between 2 Street and Main Street along Commercial Street, the sidewalk would be widened with Commercial Street being made a one -way (westbound) street. A drive lane and two rows of parking would be eliminated in the parking lot between Main Street and Water Street and the area would be incorporated into the plaza. The plaza would end at what is currently the west end of the existing gravel parking lot and what is to be the future amphitheater. As shown on the plans, the portion of the plaza between Water Street and Lowell Park is located on property owned by the Water Street Inn. Staff believes this alignment is an important element for the plaza. To accomplish this we would likely need to acquire property from the Water Street Inn or enter into some other arrangement. Within the plaza, there are a number of elements shown including information kiosks, pergolas, human chessboard, water features, bike racks, a new bathroom facility and various landscaping elements. These element or others could be incorporated depending on the board, council, public feedback and ultimate funding. E Next Steps If the City Council wish to proceed with the project, staff would begin working on the following next steps: 1. Staff would begin negotiations with the Water Street Inn to purchase the north 40 feet of their parking lot Any possible purchase would be subject to City Council approval. 2. Set an open house for the general public and Downtown business /property owners to review and obtain feedback on the plan. Specifically feedback would be sought on what elements should be developed in the plaza. Tentatively the Parks and Recreation Commission has set the date and time for the open house at 6:00 PM to 7:30 PM on Monday October 25. 3. Secure a design professional that can complete construction plans and cost estimates for the project. Staff plans to secure two to three quotes for design services and return with them to the Council on October 19 or 26th for action. 4. Staff would continue to work to find additional funding sources. Parks and Recreation Commission Action Staff reviewed the plans with the Parks and Recreation Commission at their September 27, 2010 meeting. The Commission recommend that the City Council approve the concept plan and authorize staff to proceed with the Next Steps outlined above. Staff Recommendation Staff recommends that the City Council approve the concept plan and authorize staff to proceed with the Next Steps outlined above. • E-� qzl STILLWATER COMMERCIAL AVENUE WALKWAY Revisions Item Date Sheet Information Project No 10 -107 Drawing No Drawn By Checked By Date 7/9/ ( 2010 ARCHNET, Inc. O < < m rn �7 - water - t 81 RTH P I _. Hf- P!'CNNEcO iA. Memo To: City Council From: Michel J. Pogge, City PlanneAc� Date: October 1, 2010 �� VV�� Re: Parking Options along Lowell Park north of Myrtle St Background The Commission and Council have been discussing future improvements for Lowell Park in conjunction with improvements to the Levy Wall, Downtown Parking, and the Pedestrian Plaza. One topic area has been related to future parking lot configuration along Lowell Park. Discussion Attached are three parking options that have been developed by staff. In all of the plans, the River Market lot is proposed to be expanded by adding an additional bay of parking in the lot. Additionally the parking area west of P.D. Pappies is proposed to be paved. All three plans allow for an amphitheater and a 10 -foot wide trail. Option "A" minimizes the amount of parking and expands the park into the existing riverside lot. This plan results in a loss of 24 parking spaces overall. Staff has concerns with this plan in part since it becomes more difficult to construct a temporary levy during high water events. Additionally, underground storm water systems that are needed when the temporary levy is constructed will be impacted. These underground storm sewers are needed when a temporary levy is in place and blocking the normal surface water flows to the St. Croix River. For these reasons, staff would recommend against option "A ". Option "B" allows for the amphitheater and straight and continuous trail through the site while maintaining a parking field north of the amphitheater and east of the River Market lot. This plan results in a loss of 2 parking spaces overall. This plan is the closest to the plan that was developed and shown in the comprehensive plan. A paved single bay of parking with a drive lane will be added north of the amphitheater. This will give a location to build the temporary levy on a hard surface. The western edge of the amphitheater is being built up to create a true amphitheater. Due to this little to no additional levy will be needed in this location when the City is required to construct a temporary levy. Staff believes this is a good compromise between all of the interests between the improvement of Lowell Park, Parking needs of the Downtown area, and the ability to construct a temporary levy wall when needed i Option "C' maximizes the overall parking. This plan results in 44 additional parking spaces overall. The plan calls for adding two bays of parking and a driving lane north of the amphitheater and east of the River Market lot. Due to space constraints, the trail would need to be rerouted around the parking areas, which creates an undesirable bend in the trail. Staff would recommend against option "C" due to the overall impacts to the trail and park area. Downtown Parking Commission Action Staff reviewed these plans with the Downtown Parking Commission at their July 16 meeting. The Commission agreed with staff and recommended to City Council that they pursue Option „ B „ Parks and Recreation Commission Action Staff reviewed these plans with the Parks and Recreation Commission at their July 26th meeting. The Commission agreed with staff and recommended to City Council that they pursue Option "B ". Staff Recommendation Staff recommends that the City Council direct staff to develop plans to build the parking layout as shown on Option "B ". Current Conditions k ¢ 1 �� ` •. �� B PD Pappy's Ow as Desch tyFe,a• * ° " 1 i _ A , . do North Riverfront �. "A / !, V it . , • ` � '� .+�+" �* ,,,'`•, , ..-- 1 ..� ''� +MIS ' a� . er South Riverfront 4- River Market �lit rrs to ,s i 'a s, s N 0 30 60 120 180 240 A Fee; i; City of Stillwater, MN Community Development Department 216 North Fourth Street Stillwater, MN 55082 651 -430- 8820 — 651. 430 -8810 fax Option "A" V \fir ��- *4 V dP I P 119 i S� a a ' - ` \ i N 0 30 60 120 180 240 A Feet City of Stillwater, MN Community Development Department 216 North Fourth Street Stillwater, MN 55082 651- 430 -8820 — 651 -430 -8810 fax Option "B" AP it ' �. ft4.• 1� 1 1� iL . rc, Ir -1, V , r" .3 '. _ ,� ► � � 10 4P 0 4 Iwo 4. ti I� ,4 A —A 000k _ ` _ S N 0 30 60 120 180 240 A Feet City of Stillwater, MN Community Development Department 216 North Fourth Street Stillwater, MN 55082 651 -430 -8820 — 651 -430 -8810 fax Option "C" � A k rx'- < go A A 40 iov g AI A A' _ ., • :�. �! t Yv N 0 30 60 120 180 240 A Feet City of Stillwater, MN Community Development Department 216 North Fourth Street Stillwater, MN 55082 651-430- 8820 - 651 -430 -8810 fax s r Ater �1 w THE BIRTHPLACE OF MINNESOTA TO: Mayor & Councilmembers FROM: Special Events Task Force DATE: September 27, 2010 RE: Special Events Task Force Recommendations BACKGROUND On April 7, 2009 the City Council approved a list of eight items for the Special Events Task Force to study. Subsequently, two items were removed from the list. The discussion on whether the city should encourage or solicit specific events was reassigned by the City Council to a future group. And, since the envisioned beautification fee was not ultimately recommended by the Task Force, it was felt by the group that a public forum to discuss recommendations was no longer necessary. The remaining six items are: 1. Establish a standardized process and requirements for larger events that have an impact on residential neighborhoods, businesses or city facilities (e.g. parks, streets) and services (e.g. public safety and public works). Establish a threshold for determining which of these larger events must follow the new process instead of the existing special events permit process. 2. Establish a threshold for determining which special event applications are to be considered by the City Council and /or the Park Commission. 3. Establish procedures for public comment and for notification to event neighbors and businesses; and establish thresholds to determine which events would trigger the need for this public comment and /or notification. 4. Establish a threshold for determining which events must pay for city facilities and services; deciding which city services should be paid for and at what rates. The goal is to require reasonable fees for services without discouraging event planners from considering Stillwater as their event venue. 5. Establish a Downtown Beautification Fee; how it will be used, how much it will be, and establish a threshold to determine which events are to pay the fee. 6. Establish a threshold for determining which events will be required to pay the $500 Public Park Usage Fee. The Special Events Task Force (SETF) met once or twice a month for a year. In addition committees of the SETF met occasionally to work on specific assigned tasks. The voting members of the group were: Councilmember Micky Cook (co -chair of task force), Councilmember Rob Gag (co -chair of task force), at -large resident Debbie Johnson, at -large resident Chris Murphy, at -large downtown merchant Vienette Olson, Park 0 1 Special Events Task Force September 27, 2010 Page 2 of 11 Commissioner Rob McGarry, CVB representative Jerry Helmberger, Chamber of Commerce representative Jenn Severson. The non - voting members of the group were Community Development Director Bill Turnblad and Police Chief John Gannaway. TASK FORCE RECOMMENDATIONS The tasks were organized into the following groupings: A) definitions and thresholds, B) public notification and public comment, C) beautification fee program, and D) fees for city services and facilities. Recommendations in each of these groupings are presented below. A) Definitions and Thresholds Event Special Event Special Event With Contract A gathering is considered an A gathering is considered a special A special event requires a event when any one of the event when any one of the contract with the city if.• following thresholds applies: following thresholds applies: 1) Closure of street - At least one 1) Closure of street - At least one block of a residential street is closed block of a residential street is closed for up to 5 hours; or any portion of a for more than 5 hours; or more than commercial street is closed for up to one block of a residential street is 2 hours. closed for any length of time; or any portion of a commercial street is closed for 2 hours or more. 2) Public parking lot use -1 to 9 2) Public narking lot use -10 or spaces in a public parking lot are more spaces in a public parking lot reserved. are reserved. 3) Street use - The event has a 3) Street use - The event has a route route on a public street(s), such as on a public street(s) (such as a race, races, walks, or parades. walk or parade) that requires street closure, traffic control, street sweeping, or the use of "no parking signs" along the route. 4) Number of people in a park - 250 or more people are expected at a time in a public park. (Note: Any athletic event that has a park reservation approved by the City's park reservation staff is not subject to this threshold). Contract with city required - Overtime of city employees is necessary, OR extra paid personnel are necessary, OR extra - ordinary city employee support or city materials are necessary, OR any out -of- pocket expenses are incurred by the city. Special Events Task Force September 27, 2010 Page 3 of 11 B) Public Notification and Public Comment 1. Organizers of gatherings small enough to be considered an "event" (as distinguished from larger gatherings that are considered "special events ") are not required to provide public notification or an opportunity for public comment. 2. Organizers of "special events" that occur entirely within a park (and do not require a contract with the city) are not required to provide public notification or an opportunity for public comment. 3. Organizers of "special events" that are not entirely within a park are required to provide public notification to immediately adjacent property owners. a. For special events that are not located entirely within a park and DO NOT require a contract with the city, public notification to immediately adjacent properties will be in the form of a simple flyer. i. A public notification form will be included in the special event application materials available from the city. ii. The public notification must include the organizer's name and contact information for questions. iii. The public notification must be approved by city staff before it is distributed by the organizer. b. For special events that REQUIRE a contract, notification to immediately adjacent properties must be in the form of a direct mailing or hand delivered flyer. i. A public notification form will be included in the special event application materials available from the city. ii. The public notification must include the organizer's name and contact information for questions. iii. The public notification must be approved by city staff before it is distributed by the organizer. iv. The public notification must be distributed by the organizer at least 7 days before the special event. v. The public notification must state that a post event questionnaire will be available on the city's website. Any comments on the event may be posted there. vi. If there is a website for the special event, the website address must be included in the notice. The link for the website should also be provided on the city's website. 4. Special events that REQUIRE contracts will need to provide an opportunity for public comment. a. Public comment must be in the form of a neighborhood meeting that must occur prior to consideration of the special event request by any of the applicable Commissions or the City Council. Notices for the neighborhood meeting will be prepared and mailed by the city to immediately adjacent property owners. The city will host the neighborhood meeting. A staff member will be in attendance, as will the Councilmember whose ward the event occurs within. The costs for noticing and hosting the meeting must be paid by the applicant for the special event together with any applicable permit application fees. Special Events Task Force September 27, 2010 Page 4 of 11 b. Any special event that has a contract with the city in 2010 will be considered "grandfathered ". This is to say that these special events will not have to conduct a neighborhood meeting before their contracts are renewed each subsequent year, unless there are substantive changes to the event that impact city services or neighborhoods. c. Whether a special event operating under a contract is "grandfathered" or not, all special events with contracts will be required to conduct a post - event questionnaire. The questionnaire will be offered on the city's website. [It will consist of three to five questions - the same questions would be used for all special events. The questionnaire should also include the chance for anyone to submit general comments.] The comments will be tabulated and given to the event organizer within 30 days of the event and the results will also be included in the review of the next year's special event application request. 5. A fully completed application form must be received by the city at least 60 days prior to a "special event" or "special event with contract ", and 30 days prior to an event. Any applications that are incomplete, or received after the deadline will be rejected by the city. A summary of the public notice and public comment recommendations is as follows: Event Special Event Special Event with Contract No neighborhood notice Neighborhood notice not Neighborhood notice by required required if special event event host required occurs completely within a city park. If it does not, then neighborhood notice is required. No public comment No public comment Neighborhood meeting is required required required, unless the event is " randfathered". No post -event No post -event questionnaire A post -event questionnaire is questionnaire required required required. This requirement also applies to "grandfathered" special events. Reviewed only by city Reviewed by City Council, Reviewed by City Council, staff, unless a noise city staff, and applicable city staff, and applicable variance is requested. Commissions Commissions The Council must review a noise variance. Any special event that already has a contract with the City during 2010 is considered "grandfathered" and as its contract is renewed annually, it is not required to provide an opportunity for public comment, unless there are substantive changes to the event. Special Events Task Force September 27, 2010 Page 5 of 11 C) Beautification Fee and Program The Task Force conceptually adopted a beautification fee program and fee amount. But, upon examination of the cumulative impact of this fee together with all other proposed city event fees, the Task Force on a 5 -1 vote recommended that a beautification fee should not be charged to event organizers. The Task Force agreed that beautification downtown is expected by both residents of the city and guests, and that it is critical to continue with these efforts. They also agreed that it is not equitable for the same few merchants to carry the burden of these beautification costs year after year. Moreover, a majority of the group came to believe that the beautification fee would potentially drive away smaller events and were therefore no longer in favor of it as a revenue source for beautification. The group believed that the city should pay for the beautification costs downtown, as do many other communities. Therefore, the SETF recommends that beautification costs should be paid from the city's general funds, and that the amount budgeted next year should be $15,000. Though the Task Force did not specifically say that the other elements of the Beautification Fee Committee's planning documents should be implemented, it was implied that the applicable portions should form the basis of an annual work plan and budget that would be executed by the Public Works Department. D) Fees for City Services and Facilities 1. Out -of- pocket expenses - Fees for city services will be limited to the city's out -of- pocket expenses. Out -of- pocket expenses include such things as overtime pay for city employees, equipment that the city would need to rent for the event, office supplies, billables (e.g. postage), and any contracted services. 2. "Event" application fee - No application fee will be charged for a gathering that meets the definition of an "event ". An application for this type of gathering is reviewed only by staff, so out -of- pocket costs are very low. 3. "Special event" application fee - A $50 application fee will be charged for a gathering that meets the definition of a "special event ". An application for this type of gathering requires review by city staff, the Park Commission and /or Downtown Parking Commission, and by City Council. Production and distribution of the agenda packets for these groups would be covered by the application fee. 4. "Special event with city contract" application fee - A $50 base application fee will be charged. In addition the cost of mailing notices for the public input meeting for this type of gathering must be paid by the applicant. The cost of the mailing will be 50 cents per address. 5. Equipment - Equipment operated by city personnel to support an event will not be paid for by the event organizer, unless the equipment has to be rented by the city specifically for the event. 6. Materials - Since event use of materials owned by the city (e.g. barriers, cones, signs) creates wear and tear on those materials, that use must be paid for by the event Special Events Task Force September 27, 2010 Page 6 of 11 organizer. As long as the equipment and services are appropriate for the event, and the event can be run safely in the estimation of city staff, the organizer could contract for services and materials elsewhere. The fee schedule for city materials is: Picnic Tables Park Benches — City Delivers Park Benches — User Delivers Orange Fencing Portable Bleachers Safety Vests — Orange Safety Vests - Yellow Spray Paint Event Trash Containers 1.5 cy Dumpsters Refuse Collection Refuse Collection — MN Charge $10.00 /item/day $6.00 /item/day $3.00 /item/day $2.50 /lineal foot $75.00 /item/day $13.50 /item/day $27.50 /item/day $5.50 /item/day $8.00 /item/day $16.50 /item/day $56.50 /ton + MSW tax $17.09 + $2.91 MSW tax Electricity — $20.00 4 hrs /facility; $ 30.00 +4 hrs /facility Type 1— 12' Barricades $2.00 /item/day Type I with Type A Flasher $3.00 /item/day Type III — 4' Barricades $2.00 /item/day Type III — 8' Barricades $3.00 / item/day Drums $1.00 /item/day Reflective Cones $1.00 /item/day Stop Sign on Stand $2.00 /item/day No Right /Left Turn Sign on Stand $2.00 /item/day 60" x 30" Closed to Thru Traffic $2.00 /item/day PD No Parking Signs $1.00 /item/day 7. Park Usage Fee - Standard park reservation and facility use fees will apply. In addition, a $500 Park Usage Fee may be charged. Whether the $500 Park Usage Fee is charged or not will be left up to the Park Commission with advice from the city park maintenance department. The $500 fee is charged if an event is expected to produce extraordinary wear - and -tear on park turf. In the case of events that occur annually, if the turf sustained an extraordinary beating one year, the Park Commission should require a $500 Park Usage Fee the next year. MISCELLANEOUS The Special Events Task Force believes that without a beautification fee, hosting a public forum on the other recommendations is probably not necessary. If the City Council feels strongly that a public forum of some sort should still be offered, that could be scheduled. Special Events Task Force September 27, 2010 Page 7 of 11 NEXT STEPS If the City Council accepts the Special Event Task Force recommendations, staff can draft a policy statement in resolution format, which would be brought back to the City Council for approval. Also, an event permit application form would be developed and brought back together with the policy resolution. The application fee and other potential charges would be adopted with the 2011 Fee Schedule. Attachments: Beatification Fee Committee Report, November 18, 2009 Review process flow charts & time line bt Special Events Task Force September 27, 2010 Page 8 of 11 Downtown Beatification Planning Document This document represents a consensus of the Special Events Task Force. It sets out the vision, long term objectives, strategies, beautification elements, organization structure and budget. Vision To provide a pleasing environment for the residents of Stillwater, their guests and the visitors that enjoy the Historic Downtown commercial district throughout the year. To foster and promote tourism within the city of Stillwater and the St. Croix Valley and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City. Values • Know you're approaching a special destination - Know you've arrived someplace special • Welcoming, clean, festive, pleasing sounds • Encourage a slower pace, strolling, shopping, sitting by river, eating inside%utside • Tied into the river, the town's architecture and its history with identifying and historical reference points Long -Term Objectives • Fund the beautification budget from the city's general revenue. • Develop a maintenance plan • Create a repeatable, sustainable process • Establish beautification/visual impact standards and work with event planners to ensure Stillwater's esthetics and beauty are highlighted for attendees and retained after events are completed Strategies • Implement existing and new beautification elements within the context of the city's comprehensive plan Goals - To be developed by city: must have specified time frame and be measurable. Beautification Elements: • Flower Pots: Spring /Summer & Fall /Winter • Hanging Pots • Christmas Lights • Banners & Brackets • Directory Kiosks • Information Area • Benches • Bike Racks • Picnic Tables • Murals • Art & Sculpture Walk (changing) • Trash & Cigarette Receptacles • Clean sidewalks 01 Special Events Task Force September 27, 2010 Page 9 of 11 Annual Maintenance Budget • Flower Pots Spring (70 -80) $2,000 • Flower Pots Summer (70 -80) $4,500 • Flower Pots Fall/Winter (70 -80) $4,500 • Business Directory Maps (5) $600 • Flower Pot Watering (Summer) ? • Christmas Light Installation/Storage ? • Banner Installation Spring /Summer ? • Banner Installation Fall/Winter ? • Sidewalk cleaning ? Development Budget • New Banners • Additional Flower pots — replace damaged pots • Hanging Pots with watering system (80 -100) • Directory Kiosks ( +2) • Information Area (short term /long term) • City Entrance Signs —city in cooperation with beautification & subject to comprehensive plan • Benches - city in cooperation with beautification & subject to comprehensive plan • Bike Racks - city in cooperation with beautification & subject to comprehensive plan • Picnic Tables - city in cooperation with beautification & subject to comprehensive plan • Murals — grants & sponsorships • Art & Sculpture Walk (changing) — grants & sponsorships • Trash & Cigarette Receptacles - city in cooperation with beautification & subject to comprehensive plan Beautification Organization: • The city's Public Works Department should develop an annual work plan and request approval of its budget from the City Council. Special Events Task Force September 27, 2010 Page 10 of 11 Review Process and Timeline Permit for an Event 1. Application fee and submittal deadline a. Submit completed event permit application (no fee) at least 30 days before event. 2. City Review a. No neighborhood meeting, event notice or post -event questionnaire is required. b. Event permit application is reviewed and approved by staff. 3. Permit issuance deadline a. Event permit issues within 30 days of submitted permit application Permit for a Special Event 1. Application fee and submittal deadline a. Submit completed special event application with $50 fee at least 60 days before event. 2. City review a. Reviewing groups i. City staff will review all special event permit applications. ii. Parking Commission will review if 10 or more public parking spaces are requested. iii. Park Commission will review if Lowell Park is the special event venue. iv. The City Council will consider recommendations from staff and commissions and decide upon issuance of the special event permit. b. Public meeting i. No public meeting is required. c. Notice of Event i. A notification flyer must be written by event organizer according to the sample included in the permit application packet. ii. The notification flyer must be approved by City staff. iii. After staff approval and at least 7 days prior to the event, the event organizer distributes notification flyer to residents of all property immediately abutting the event venue. 3. Permit issuance deadline a. Event permit issues within 60 days of submitted permit application 4. Post -event questionnaire a. No post -event questionnaire is required. Special Events Task Force September 27, 2010 Page 11 of 11 Permit for a Special Event with Contract 1. Application fee and submittal deadline a. Submit completed application with $50 fee plus $0.50 per neighborhood meeting notice addressee at least 60 days before event. 2. City review a. Reviewing groups i. Upon recommendation from City staff and any applicable Commissions, the City Council will consider and decide upon issuance of the Special Event Permit. b. Public meeting i. Two to four weeks after the completed application is submitted to the city, but no later than three weeks prior to the event, the city will hold a neighborhood meeting for public comment. The neighborhood meeting must be held prior to consideration of the permit request by any of the applicable Commissions or the City Council. Notices for the neighborhood meeting will be prepared and mailed by the city to immediately adjacent property owners. c. Notice of Event i. A notification flyer must be written by event organizer according to the sample included in the permit application packet. ii. The notification flyer must be approved by City staff. iii. After staff approval and at least 7 days prior to the event, the event organizer distributes notification flyer to residents of all property immediately abutting the event venue. iv. The notification flyer must include the organizer's name and contact information for questions. v. The public notification must state that a post event questionnaire will be available on the city's website. Any comments on the event may be posted there. vi. If there is a website for the special event, the website address must be included in the notice. The link for the website should also be provided on the city's website. 3. Permit issuance deadline a. Event permit issues within 60 days of submitted permit application 4. Post -event questionnaire a. A post -event questionnaire will be offered on the city's website. The comments will be tabulated and given to the event organizer within 30 days of the event and the results will also be included in the review of the next year's special event with contract application request. Bill Turnblad From: Shawn Sanders Sent: Tuesday, September 28, 2010 12:59 PM To: Bill Turnblad Subject: RE: Revisions to draft recommendations Bill, I'm sorry for the late response, but I see this is planned for the next council meeting Here is a revised fee schedule for the Special Events Report Picnic Tables Park Benehes City Deliver $10.00 /item/day $6.00 Ate - Park Benehes - maser Delivers $3.00 hte Orange Fencing Pertable Ble-aehers y $2.50 /lineal foot $75.00 Tiie~�p Sa€e� Vests Orange $13.50 AteffIA4-ay Saf0ty Vests- YePOW $2 Spray Pain $5.50 At Even t Trash Containers 1.5 ey Dumpster-s t r a� $8.00 Atem/day $16.50 temday Refuse Collection Staff time per hour Portable toilets $60/ event / unit Portable toilet - Handicap $150 /event /unit Electrical use (Parks) $10.00 per day Electrical use(Lowell Park) $20.00 per electrical box 4' -12' Barricade $2.00 /item/day 4' -12' Barricade w/Flasher Type 1 with-T-ffle A Flasher $5.00 / item/day $5-00 litew Tl '' Barricade $2:00 Aterry pew ape —8' Barricades $3.001 zi Drums I $1.00 Atem/day Reflective Cones Stop Sign on Stand $1.00 /item/day $7 00 A N igWL-e€t� � Sign on S n idd 6F1 toT Tf�a'Ytie ew. Q? - 0 l it�y $2.04TIL /day ��[�os wa Traffic Sign on Stand $2.00 /item/day PD No Parking Signs $1.00 /item/day Shawn From: Bill Turnblad Sent: Friday, August 27, 2010 2:50 PM To: Beth Wolf; Bill Turnblad; Chris Murphy; Debbie Johnson; Diane Ward; Helmberger, Gerald M; Jennifer Severson - Director, Chamber of Commerce; John Gannaway; Micky Cook; Micky Cook (upchestnuthill @comcast.net); Rob Gag; Rob McGarry ; Robert Gag; Vienette Olson Cc: Larry Hansen; Shawn Sanders Subject: Revisions to draft recommendations Fees Cost Event Special Event Special Event w /contract Application fee NA $50 $50 + 50¢ /mailed notice Out-of-pocket city costs NA As needed As needed Materials As needed As needed As needed Park Usage Fee NA Probably not Probably $500 Examples: Brine's Bocce Ball Tournament Cost Special Event Application fee $50 Out -of- pocket city costs $0 Materials $p Park Usage Fee $p TOTAL $50 Antique Car Show Cost Special Event Application fee $50 Out -of- pocket city costs $0 Materials $96 Park Usage Fee $p TOTAL $146 Rivertown Art Festival Cost Special Event w /contract Application fee $50 Out-of-pocket city costs $430 Materials $12 Park Usage Fee $500 TOTAL $992 Andersen Relav Race Cost Event Application fee $p Out -of- pocket city costs $p Materials $12 Park Usage Fee $p TOTAL $12 Criterion Bike Race Cost S ecial Event w /contract Application fee $50 Out -of- pocket city costs $0 Materials $p Park Usage Fee $p TOTAL 1 $50 1 No fees charged in the past. 2 4 barricades for each of the 12 weeks. 3 Four portable toilets 4 4 barricades on Sam Bloomer 5 Last year the Chamber of Commerce paid only $500 for the Park Usage Fee. Since this is a contract event, the total fees could be negotiated down. 6 4 barricades 7 Last year the race was charged $24. 8 Owed $1,400 last year: $1,000 toward city costs and $400 for beautification fee ($1 per biker). Contract event, fee could be negotiated. MONTHLY PUBLIC WORKS HIGHLIGHTS - SEPTEMBER 2010 ADMINISTRATION ACTIVITIES 1. Attended Water Quality Advisory committee meeting for the St. Croix River Crossing Project 2. Met with Washington County about Armory Site 3. Attended cost participation meeting with County 4. Meeting with SEH to discuss Flood Control Project; 5. Met with Property owners on water service leak; 6. Met with developer on proposed site on Bergmann Property 7. Met with loss control agent from LCMIT STREETS ACTIVITIES 1. Continued pot patching (75% of the city now complete); graded and treated the downtown parking lot. Sam Bloomer Way blocked off for highwater; crosswalk striping ( borrowed Bayport striping machine); loaned asphalt hot box to the City of Lakeland. SANITARY / STORM SEWER ACTIVITIES 1. Excavated Brick street Pond, 2. Excavated outlet at Rec Center, Wildpines pond, Cottages Pond 3. Clean filter at Herbergers pond for BCWD at Herbergers Pond 4. Routine lift station maintenance; 5. power failures reported on 9/19 at seven lift stations; 6. Repaired failed catch basin at Fourth and Hickory; 7. pump failure at Aiple Lift Station; 8. Rasied buried sanitary manhole on Mulberry 9. Repaired damaged storm sewer on Everett Street. 10. Swept downtown area 8 times; repaired catch basin north Everett. 11. Assisted county on storm sewer televising 12. Assisted Bayport on sanitary sewer televising ADDITIONAL PARKS ACTIVITIES 1. Fall fertilizing and seeding completed; 2. Took over maintenance responsibility at Millbrook Park 3. Irrigation system installed at Legends Park 4. Replaced slide at Pioneer Park 5. Football began at Lily Lake; Fall baseball at Lily Lake 6. Blew out irrigation system at City parks 7. Completed landscaping at parking ramp. 8. Installed safety guidelines at all playgrounds 9. Borrowed County plug aerator. 1. Completed MS4 inspections 2. Began street sign plans for State Aid 3. Inspection of cleaning and Televising of Downtown Sanitary sewer 4. Victoria Pond dredging completed 5. Millbrook 4ch utility inspection 6. Attended a Minimum impact Design Standards(MIDS) for St. Croix River 7. Gave Presentation at Clean Water Summit Public Works Department Monthly Work Summary Ccntamhar 10R/79/1 n thm OQ /7S /l nil Amount Ell Hours DESCRIPTION Sep -10 Sep -09 YTD Previous YTD Sep -10 Sep -09 YTD Previous YTD STREET MAINTENANCE 0 0 0 0 690 379.5 Salt/ Sand Material (TONS) 0 Streets swept (MILES) 177 0 1044 491 158 152 1125.5 1241 Asphalt mix (TONS) 34.02 0 281.5 486 142.25 227 1565.5 2349.5 Creak sealing (LBS) 01 27.75 3800 Snow Event (2'- 6 ") 0 0 186 194 Street grading (MILES) 4 -- 36 0 10 3 70.5 102 Streets treated (MILES) 0 Snow Plow Complaints 28 0 0 38 0 Painting crosswalks /symbols (GAL) 25 -- 57 -- 33 0 213.5 32 Trees removed (EA) 0 58 0 0 17.5 285 17.5 trees trimmed (EA) 1 4 -- 59 0 121 5 398.5 5 Trees installed (EA) 1 01 1 4 01 0 2 0 SNOW AND ICE CONTROL Snow Removal (LOADS) 0 0 0 0 0 690 379.5 Salt/ Sand Material (TONS) 0 Regulatory Repair /Replace 0 0 0 491 711.75 Plowed Streets (MILES) 0 0 0 0 0 519 486 Snow Event (0 " -2 ") 0 55.5 0 Other Repair /Replace 101 27.75 22 Snow Event (2'- 6 ") 0 77.5 0 -- -- -- -- Snow Event (6" +) 0 8.5 0 -- -- -- -- Snow Plow Complaints 0 0 -- -- -- -- Snow Shoveling -- 151 -- 0 0 321.5 264.5 Snowplow Trails /Sidewalks -- -- 0 0 268 312 Snowplow Parking Lots -- 96 -- 0 0 980.51 0 SIGNS AND LIGHTING Lift Station Alarms (EA) Regulatory New 0 20 89 0 0 0 66.5 0 Regulatory Repair /Replace 0 46 80 154 0 0 113.75 0 Other Sign New 0 129.5 64 634.5 0 0 55.5 0 Other Repair /Replace 101 27.75 22 Manhole Castings Replaced (EA) 14.5 77.5 310.25 633.25 Street ID New 421 244.5 115 0 8.5 4 42 20 Street ID Repair /Replace 20 Sanitary Sewer Repaired (EA) 26 11 0 30 21.5 Manufacturing Regulatory 31 1 151 5 6 0 58 16.25 Manufacturing Other 0 64 14 0 1 0 39 13.5 Manufacturing Street ID 96 250 77 21 143 2 Street Light Out Calls (EA) 11 82 0 01 4 0 Traffic signal repaired (Contract) 0 1 -- -- 1 -- -- SANITARY SEWER Lift Station Alarms (EA) 9 20 7 0 21 56 Sanitary Sewer Televised (FT) 11533 15733 46 8 154 160.5 Sanitary Sewer Cleaned (FT) 17675 79505 51.5 129.5 396.25 634.5 Manhole Castings Inspect (EA) 821 143 8 1 0 27.75 0 Manhole Castings Replaced (EA) 0 24 0 180.5 133 244.5 Lift Station Repairs (EA) 0 17 0 0 268.75 0 Sanitary Sewer Repaired (EA) 0 0 0 0 11 0 Sewer Backup Complaints (EA) 1 5 0 0 19 2 One Call Requests (ea) 214 1742 14 01 871 9 Public Works Department Monthly Work Summary Sentember (08/29/10 thru 09/2S/1011 Amount N Hours DESCRIPTION Sep -10 Sep -09 YTD Previous YTD Sep -10 Sep -09 YTD Previous YTD STORM SEWER 39 24 230 224 -- -- -- -- Storm sewer cleaned (FT) 0 7 0 127. 0 0 0 16 storm sewer repaired (EA) 1 2 2 01 3 0 Storm sewer inspected (EA) 10 16 3 17 10 22 Catchbasins inspected (EA) 501 66 17 53.5 40.5 61.5 Catchbasins cleaned (EA) 48 146 16 6 48 312.5 Catchbasin repair (EA) 2 12 64 161 204.5 522 Catchbasin replace (EA) 2 7 80 53.5 136 61.5 Manholes inspected (EA) 0 17 I F1, 0 0 3 0 Manholes repair (EA) 1 1 I 5 22 10 97 21 Outfalls inspected (EA) 2 18 1 3 0 21 0 Outfall repaired (EA) 4 10 16 14 176 42 Outfall replaced (EA) 0 0 0 01 0 0 Televising storm sewer (EA) 2 71 3 17 18 22 PARKS Park Reservations occurred (EA) 39 24 230 224 -- -- -- -- Special Events Occurred(EA) 10 7 142 127. 28.5 17.5 381 330 Graffitti removed (EA) 2 25 2 2 60.5 2 Vandalism repaired (EA) 0 10 0 3.5 11 28 Mowing (ACRES) 191 1260.00 217.5 288.5 1921.50 1631 Bathroom maintenance (HRS) -- -- 60 60 387.5 393 Trash & debris cleanup (HRS) -- -- 209 202 1517.5 1578.5 Turf maintenance (HRS) -- -- 64 80 392.5 513 Ice rink maintnenance (HRS) -- -- I F1, 01 0 774.51 469.5 Playground repair(EA) /inspect (HRS) 38 I 116.00 82.5 112 486.00 581.5 Field maintenance (HRS) -- -- 1 01 01 240.751 232.75 ENGINEERING Right of Way Permits Issued 6 -- -- -- -- Obstruction Permits Issued 0 -- -- -- -- Grading Permits Issued 2 -- -- -- -- ate 11F 111TNFLACE Of ■I11E111A CITY COUNCIL MEETING September 21, 2010 REGULAR MEETING Mayor Harycki called the meeting to order at 7 p.m. 7:00 P.M. Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Director Turnblad Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Polehna, seconded by Councilmember Gag to approve the September 7, 2010, regular, recessed, and executive session minutes. All in favor. OPEN FORUM No public comments STAFF REPORTS Assistant Fire Chief Ballis provided information regarding the Fire Department's annual open house. Clerk Ward stated that absentee ballots are now available at City Hall during regular office hours and the Saturday prior to the November election from 10 a.m. to 3 p.m. She also stated she had acquired stickers for compost bins from Waste Management and Waste Management will pick up privately -owned bins with the appropriate sticker; in discussion it was noted these bins do not have to be of a standard style, they can be Rubber Maid plastic containers. It was noted that the contact with Waste Management is up this year; Mayor Harycki asked that the master contract list be distributed to the Council again, as he has had inquiries about other contracts. City Council Meeting September 21, 2010 Councilmember Roush asked that the arrangement regarding the compost bins /stickers be profiled in the next City Newsletter; Ms. Ward stated the next newsletter likely won't be until January; however the information has been posted on the City website. Councilmember Polehna suggested sending some of the agenda material electronically as a way of saving paper; Mayor Harycki said the City looked at a shared electronic agenda format with the School Board several years ago and it might be good to re -visit that issue. Councilmember Polehna also suggested that some of the agenda materials, like all the quotes, might be provided in a summary format to save paper and staff time. Community Development Director Turnblad provided an update on the parking ramp. He said the final punch list has been completed. He said the last piece of final construction is to install the video surveillance equipment; bids have gone out for that equipment and will be reviewed by the Parking Commission on October 21 prior to coming to the Council on November 2. Public Works Director Sanders talked about the state mandate to replace street identification signs and that it appears the City might be able to use some state aid monies to pay for the state aid street sign replacement, He stated that 20% of the City's streets are dedicated as state aid streets, which amounts to 450 signs or about $10,000 413,000. Mr. Sanders said he had received a number of requests for the signs that are being replaced; Mayor Harycki noted the concept was to sell the old signs and suggested that Mr. Sanders work with Finance Director Harrison on an arrangement for selling the old signs. Mr. Sanders said he would bring back more information regarding the sale /purchase of the signs. Mr. Sanders also reported that the trees at Liberty Park are scheduled to be replaced by the end of the month. Councilmember Polehna expressed appreciation for the quality of work done on the Washington Avenue project. CONSENT AGENDA Resolution 2010 -141, directing payment of bills Resolution 2010 -142, approval of Agreement for Assessments with Washington County Resolution 2010 -143, approval of Community Movie Tour Book Agreement with CGI Communications, Inc. Resolution 2010 -144, approval of quotations for Lily Lake Shelter improvements Mayor Harycki asked that the Community Movie Tour Book Agreement be pulled for discussion. Page 2 of 8 City Council Meeting September 21, 2010 Motion by Councilmember Gag, seconded by Councilmember Polehna, moved approval of the Consent Agenda without the Community Movie Tour Book Agreement. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Mayor Harycki asked if approval of Community Movie Tour Book agreement with CGI Communications is an extension of an agreement the City made several years ago. City Administrator Hansen responded in the affirmative, stating that CGI has provided some enhancements to what they offer; otherwise it is an identical contract. Mr. Hansen also stated the City can update the segments at any time. Motion by Mayor Harycki, seconded by Councilmember Roush to adopt Resolution 2010 -143, approval of Community Movie Tour Book Agreement with CGI Communications, Inc. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None PUBLIC HEARINGS No public hearings UNFINISHED BUSINESS Request to purchase a new fire engine City Administrator Hansen stated the committee working on this matter was able to obtain a purchase price of $377,903, considerably less than what he had anticipated. He said the apparatus is a basic, generic truck, not a custom -built unit. He said the City had been setting aside about $100,000 a year toward the purchase of new equipment, with about $290,000 available in that fund. He informed the Council that Fire Chief Glaser has indicated he might be able to reprogram some of the capital funds not spent from prior years for an additional $20,000. Mr. Hansen said Finance Director Harrison has indicated there is adequate funding to come up with another $67,903 from prior capital money. He noted that capital funds have to be spent for capital purchases and cannot be rolled over into the general fund or used for operating expense, but the City does have the ability to change priorities as to how those funds are spent on capital purchases. Mr. Hansen said he does support the request, noting that the price will certainly go up in future years and that the truck this apparatus will be replacing is 24 years old. Mr. Hansen said because there is no resale value to the existing truck, the plan is to keep it for a reserve unit. Page 3 of 8 City Council Meeting September 21, 2010 Assistant Chief Ballis said the old truck can also be used for training purposes. On a question by Mayor Harycki, Chief Ballis said the last engine was purchased in 1996. Mr. Hansen pointed out it will take about 6 -9 months for the unit to be received once the order is placed; he reiterated that this is a standard truck, not a custom - built unit. Councilmember Cook pointed out this is something that has been budgeted for and saved for and is an essential part of the infrastructure. Motion by Councilmember Gag, seconded by Councilmember Cook, to adopt Resolution 2010 -145, approval of agreement with General Safety Equipment LLC. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible adoption of resolution establishing polices related to private use of public parking spaces in Downtown Stillwater Community Development Director Turnblad stated the policy is the same as reviewed by the Council two weeks prior but reformatted in a resolution form. He noted the resolution sets forth the policy, but not the rates. He stated that the rates will be incorporated in the fee schedule adopted at the end of the year for 2011. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2010 -146, establishing policies related to private use of public parking spaces in downtown Stillwater. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Councilmember Roush asked if this would be an annual item. Mr. Turnblad stated the policy would stay in effect until changed, but the fee schedule is adopted annually. In discussion, it was noted that these fees could be changed at any time on the recommendation of the Parking Commission. Possible 2nd reading of Ordinance 1019, an Ordinance amending the Stillwater City Code Chapter 31, Entitled Zoning Ordinance by adding "Restaurants" in The Village Commercial Zoning District as a Specially Permitted Use Councilmember Roush said he thought Mr. Turnblad did a good job at wordsmithing the ordinance to reflect the Council's intent as discussed at the last meeting. Page 4 of 8 City Council Meeting September 21, 2010 Motion by Councilmember Roush, seconded by Councilmember Cook to adopt Ordinance 1019, an Ordinance amending the Stillwater City Code Chapter 31, Entitled Zoning Ordinance by adding "Restaurants" in The Village Commercial Zoning District as a Specially Permitted Use Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible 2nd reading of Ordinance 1020 an ordinance regulating Subsurface Sewage Treatment Systems in the City of Stillwater City Attorney Magnuson explained that this ordinance adopts the policy adopted by Washington County on Sept. 23, 2009. He said the policy allows non- conforming system to remain as long as they are not a health hazard, which is a benefit for property owners. Motion by Councilmember Polehna, seconded by Mayor Harycki to adopt Ordinance 1020, an ordinance regulating Subsurface Sewage Treatment Systems in the City of Stillwater Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None NEW BUSINESS Possible approval of Stillwater Harvest Fest — Main Street Stillwater IBA & Stillwater CVB (Sponsor) Cory Buettner was present representing the IBA. He said the request also includes the request for a pumpkin regatta. Mayor Harycki noted one issue with the regatta was the provision for a safety boat. Mr. Buettner said he has been working with the Washington County Sheriff's Department and Coast Guard and that a safety boat can be provided by a private party. He stated that they had made arrangements for at least two safety boats. He also stated due to concerns about the temperature of the water, participants will be provided with wet suits. Councilmember Gag said this has been a great event in the past. Motion by Councilmember Gag, seconded by Councilmember Roush to approve the Stillwater Harvest Fest special event. All in favor. Councilmember Polehna spoke of the importance of setting deadlines, noting that this request was not reviewed by the Parks Commission due to the lateness of the request. Page 5 of 8 City Council Meeting September 21, 2010 Councilmember Gag said deadlines for requests are included in the policy that is being developed by the special events task force. Mr. Buettner pointed out that this is the first year the IBA has handled the event, taking it over from the Chamber. Possible approval of Addendum No. 1 to Agreement between City of Stillwater, Stillwater Public Library and The Episcopal Church of the Ascension City Attorney Magnuson explained that this was an agreement primarily between Ascension Church and the library to deal with the church's need for parking and the library's need for its parking structure to encroach into a lot the City had acquired from Ascension in 1912, which was obligated to provide open space for the library. He explained that in order for the library's parking structure to be built, the City had to negotiate with the church for a release of the covenant on the lot in question. Mr. Magnuson said what was not envisioned in the agreement was construction of the City's new parking ramp which provides free parking for all neighborhood churches on Sunday, so Ascension felt this agreement was no longer of value to them and the payment to the City of $200 a month was a burden on their budget as well. He explained that this addendum codifies the cancellation of the original agreement; and that the City is a party to the agreement only because it owns the real estate. Motion by Councilmember Cook, seconded by Councilmember Polehna to adopt Resolution 2010 -147, approval of Addendum No. 1 to agreement between City of Stillwater, Stillwater Public Library and the Episcopal Church of the Ascension. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of recommendation from Traffic Committee for "No Parking' on Alder Public Works Director Sanders said the City had received a request from the owner of Wolf Marine to prohibit parking on Alder Street from TH 95 to Schulenburg Alley. He said the street is already signed "no parking" for three - fourths of the road. Mr. Sanders said the owner of the marina has observed that boat trailers are being parked on this segment of the road during the summer, making it difficult for cars to pass. Mr. Sanders stated that the Parking Committee reviewed the request and considered a number of options and recommended installing "no boat trailer parking" signage on this segment of the road. Councilmember Roush asked about the ownership of a small parcel west of the area in question; Mr. Sanders said that is owned by the state of Minnesota. Page 6 of 8 City Council Meeting September 21, 2010 Councilmember Roush asked if the Traffic Committee considered alternatives for parking of boat trailers. Mr. Sanders said the Committee did not do that; he noted the trailers are coming from people using the Boom Site launch area. Councilmember Polehna spoke of the need for a boat launch and that this problem would continue to grow. Mr. Sanders said he finally has a contact for possible use of the former Cayuga site as a boat launch. Councilmember Cook asked if there had been any public input; Mr. Sander said there has been no community input except by the Traffic Committee. Councilmember Roush suggested that this is the request of only one person. City Attorney Magnuson pointed out this would have to be a resolution to be enforceable. Councilmember Polehna spoke of the quality of work being done by the Traffic Committee. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2010 -148, designating no boat trailer parking on portion of East Alder Street. Ayes: Councilmembers Cook, Gag, Polehna and Mayor Harycki Nays: Councilmember Roush COUNCIL REQUEST ITEMS Councilmember Cook asked for approval to invite representatives from the Chemical Health Collaborative to make a short presentation at the next Council meeting to make the Council aware of what is happening and things the City can do to be more proactive on this issue. It was Council consensus to provide the presentation at the October 5th meeting. Mayor Harycki said the Council had received the donation of a book, "Images of Stillwater," and suggested donating it to the library. Mayor Harycki noted that at the last meeting Mr. Eckberg had indicated a willingness to work with a committee to try to improve the quality of the Lumberjack Days parade; he wondered whether the City should advertise for persons interested in serving on such a committee and then forward names to Mr. Eckberg. It was consensus to proceed in that manner. Councilmember Roush suggested that an option be added to the recommendations regarding pool covers /fences that will be coming to the Council — that an auto -cover or safety cover be required to have a manual opening /closing feature in the event that fences are not required. Page 7 of 8 City Council Meeting September 21, 2010 Councilmember Polehna noted that several area communities would be honored as Yellow Ribbon Communities during the annual Governor's summit. He informed the Council that on Veteran's Day, a service for Red Bulls will be conducted at Trinity Lutheran Church; he suggested a possible gift, an enlargement of a photo of Stillwater and the welcome home banner, to be presented to the National Guard in the Red Bulls' honor, a gift Councilmember Gag said he would arrange. ADJOURNMENT Motion by Councilmember Roush, seconded by Councilmember Polehna to adjourn at 7:55 p.m. All in favor. ATTEST: Diane F. Ward, City Clerk Ken Harycki, Mayor Resolution 2010 -141, directing payment of bills Resolution 2010 -142, approval of Agreement for Assessments with Washington County Resolution 2010 -143, approval of Community Movie Tour Book Agreement with CGI Communications, Inc. Resolution 2010 -144, approval of quotations for Lily Lake Shelter improvements Resolution 2010 -145, approval of agreement with General Safety Equipment LLC Resolution 2010 -146, establishing policies related to private use of public parking spaces in downtown Stillwater. Resolution 2010 -147, approval of Addendum No. 1 to agreement between City of Stillwater, Stillwater Public Library and the Episcopal Church of the Ascension Resolution 2010 -148, designating no boat trailer parking on portion of East Alder Street Ordinance 1019, an Ordinance amending the Stillwater City Code Chapter 31, Entitled Zoning Ordinance by adding "Restaurants" in The Village Commercial Zoning District as a Specially Permitted Use Ordinance 1020, an ordinance regulating Subsurface Sewage Treatment Systems in the City of Stillwater Page 8 of 8 City 0� Sti.QPwaten, (VMiuln ThodaunatioR WHEREAS, the City of Stillwater is committed to ensuring the safety and security of all those living in and visiting our community; and WHEREAS, fire is a serious public safety concern, both locally and nationally, and homes are where people are at greatest risk to fire; and WHEREAS, nearly 3,000 people die each year as a result of home fires; and WHEREAS, roughly two- thirds of home fire deaths resulted from home fires in which no smoke alarms or no working smoke alarms were present; and WHEREAS, working smoke alarms cut the chance of dying in a reported fire in half; and WHEREAS, the National Fire Protection Association recommends at least one smoke alarm on every level of the home (including the basement) outside all sleeping areas, and in all bedrooms; and WHEREAS, informing the public about the importance of smoke alarm installation and maintenance serves an essential step toward increasing the public's safety from home fires; and WHEREAS, the Stillwater Fire Department is dedicated to reducing the occurrence of home fires and home fire deaths and injuries through prevention and proper education; and WHEREAS, the City of Stillwater and surrounding communities residents are responsive to public education measures and are able to take personal responsibility to increase their safety from fire, especially in their homes; and WHEREAS, the Fire Prevention Week 2010, October 3 -9 theme, " Smoke Alarms: A Sound You Can Live With 1" actively works to motivate Stillwater residents to implement smoke alarm recommendations in their homes; THEREFORE, I Ken Harycki, Mayor of the City of Stillwater, do hereby proclaim October 3 -9, 2010 as Fire Prevention Week, and I urge all people of Stillwater and surrounding communities to protect their homes and families by heeding the potentially life - saving messages of Fire Prevention Week 2010, and to support the many activities and efforts of the Stillwater Fire Department. Mayon LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2010 -149 10,000 Lakes Chapter of ICC CEU Seminar 210.00 1ST Line /Leewes Ventures LLC Concession Supplies 939.11 3M Sign sheeting 1,299.97 A -1 Maintenance, Inc. Biweekly Mowing, Nuisance Properties 1,763.41 Abrahamson Nurseries Rock for Street Project 10.69 Action Rental, Inc. Concrete Mixer 197.72 Aramark Uniform Services Mats for the Parking Ramp 390.47 ARENASERV LLC Board Cleaning 1,000.00 Aspen Mills Uniforms /Fire 186.91 Bell's Trucking Inc. Excavate and grade holding ponds 5,694.00 Board of Water Commissioner WAC Charges 9,207.00 Carlson Sports Marketing Dasher Board Banner 92.00 CARQU EST Auto Parts Equipment Repair Supplies 361.20 Century Power Equipment Kit, cutter housing 144.57 Clark, Luann Cleaning At City Hall 1,057.50 Comcast Cable 303.97 County Materials Corporation Manhole Block 2,124.53 Cub Foods Food for Pancake Breakfast 31.00 Force America Keyed bolt for Repair #15 351.93 Holiday Credit Office Fuel 12.00 1/0 Solutions, Inc. Test scoring firefighter applicants 248.00 Johnson Controls hvac repair invoice # 1- 1594438777 2,849.88 L & D Sign Electrical work 169.45 Menards 31 gal trash can 169.21 Metro Fire Equipment Repairs 95.58 Metropolitan Council July 2008 Monthly SAC 18,711.00 MN Dept of Labor & Industry Quarterly Surcharge 3,825.03 MN Pollution Control Agency Certification Renewal 23.00 MTI Distributing Filters 119.12 NAPA Auto Parts Oil Filter 3.20 Newman Signs Sign blanks 1,211.97 Office Depot Office Supplies 12.91 OnSite Sanitation Portable Sanitation Rent SN# 10796 1,052.68 R & R Specialties, Inc. Ice Paint 1,020.66 Riedell Shoes, Inc. Skates for Resale 613.82 Roberts Company, Inc. Uniform Supplies 66.90 Rose Floral Friends of Stillwater Parks 60.24 Sherwin Williams Paint 196.80 Springsted Continuing Disclosure 2000B GO Water 2,600.00 Sprint Building Dept Cell Phones 88.59 Stillwater Fire Relief Assoc Fire State Aid 100,411.00 Stillwater Gazette Stillwater Gazette 218.00 Sun Newspapers Planning Commission 17.82 EXHIBIT " A' TO RESOLUTION #2010 -149 T.A. Schifsky & Sons, Inc. Tague, Tina Telemetry and Process Controls Tousley Ford University of MN Erosion /Sedim UPS USAble Life Verizon Wireless Waste Management - Blaine Watson Company, Inc. Yocum Oil Company Zoller, Rob LIBRARY Ace Hardware Baker & Taylor BWI Book Wholesalers Comcast Fed Ex Hansen, Ann Midwest Tape Nardini Fire Equipment National Trust For Historic Preservation Peterson, Andrew D Petrie, Angela Quill Corporation Rosentreter Hannah Stringer Business Systems Sunset Cleaning /Donna Rosentreter Washington County Library Young, Peter Page 2 Asphalt 846.70 Park Deposit Refund 100.00 Repair Lift Station SCAD alarm system 290.00 Vehicle Repairs 150.08 RD 3501 Design of Construction Stormwater 155.00 Postage 55.83 Term Life Insurance 403.20 Cell Phone 1863.51 Garbage Waiver 409 Holcombe St. S 36.97 Concessions Supplies 303.90 Fuel 3585.00 Reimburse for Fire Open House supplies 69.26 Janitorial Supplies 319.24 Library Books 1839.57 Children Books 1157.60 Telecommunications 49.90 Shipping 14.60 Reimburse for Postage 10.02 Rental DVD's 125.95 Extinguisher Inspection 127.00 Membership 15.00 Event Preparation 21.32 Reimburse for Children's Books 145.23 Office Supplies 235.35 Event Preparation 28.42 Maintenance Contract 26.45 Cleaning Services 230.00 Electronic Databases 1182.02 Event Preparation 28.42 RESOLUTION 2010 -150 ADOPTING DELINQUENT CLEANUP SERVICES CHARGES WHEREAS, it is the policy of the City of Stillwater to certify to the County the delinquent cleanup service charges. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, which the attached list constitutes the delinquent cleanup service charges and is hereby levied as an assessment against those parcels and the total is $9,404.95. Adopted by the Stillwater City Council this 5th day of October, 2010 Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk City of Stillwater 2010 Certification of Delinquent Clean Up Services For Collection with the 2011 Property Taxes Project #00041 Year —10% Interest Certification PID Amount 28.030.20.12.0055 320.62 28.030.20.13.0101 32.030.20.13.0070 33.030.20.32.0016 20.030.20.23.0035 31.030.20.14.0051 33.030.20.12.0139 33.030.20.12.0054 21.030.20.34.0149 28.030.20.33.0061 28.030.20.31.0011 28.030.20.24.0073 28.030.20.31.0088 19.030.20.44.0042 TOTAL 480.94 1,603.11 801.55 801.56 160.31 801.56 801.56 641.25 641.25 267.19 160.31 320.63 1,603.11 9,404.95 10/01/2010 MARATHON AGREEMENT THIS AGREEMENT is made this 5th day of October, 2010 between the CITY OF STILLWATER, Washington County, Minnesota ( "City "), and the ST. CROIX EVENTS, INC., a Minnesota corporation ( "St. Croix "), 421 South Main Street, Stillwater, MN. RECITALS 1. Marathon The City hereby authorizes St. Croix to organize and conduct a marathon race to be known as the "Stillwater Marathon" (and /or the "Race ") in order to foster and promote tourism within the City of Stillwater and the St. Croix Valley and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City. The Marathon will be set up on the Friday and Saturday, and run on the Sunday before Memorial Day. 2. The Race The Stillwater Marathon will include a full marathon race of 26.2 miles; a 20 mile race course; a half marathon race course; and a 12 kilometer race course. 3. Marathon Route (a) Full Marathon Course. The race will start on Minnesota State Highway 95 (Main Street) with start lines between the Andiamo Main Office and the Oasis Cafe and continue south on Highway 95 through Bayport to 22nd Street. 22nd Street West to Stagecoach. Stagecoach North to 23 (Beach Road). Beach Road to 4th Avenue. North on 4th Avenue to Burlington. West on Burlington to 6th Avenue. North on 6th Avenue to Churchill. West on Churchill to Greeley. North on Greeley to Myrtle. East on Myrtle to Minor. North on Minor to Boutwell. East on Boutwell to Neal. North on Neal to McKusick Road. East on McKusick (using the trail) to Amundson. North on Amundson to Sycamore. Sycamore to Stonebridge Trail. North on Stonebridge Trail to Highway 95. South on Highway 95 to Mulberry Street. East on Mulberry Street to finish line in Lowell Park. (b) 20 Mile Course. Follows the Marathon Course to 5th Street in Bayport. West on 5th Street to Stagecoach. Back on to the Marathon Course to finish. (c) Half Marathon Course. Follows the Marathon Course to Myrtle and Owens. North on Owens to Laurel. East on Laurel to finish line in Pioneer Park. (d) 12K Course. Follows the Marathon Course to 5th Street in Bayport. West on 5th Street to Stagecoach. Back on to Marathon Course to Myrtle and Owens. North on Owens to Laurel. East on Laurel to finish in Pioneer Park. (e) Changes in the Race Course that deviate from the race course described in this section may be made only by agreement of the Parties, and far enough in advance of the Race to allow for public safety and health considerations to be smoothly adapted to any changes. 4. Starting and Finish Line The Marathon starting line will be on Highway 95 (Main Street), south of the Brick Alley. Pioneer Park will be the finish line for 12K and Half Marathon. Lowell Park will be the finish line for the 20 Mile and the full Marathon. Changes to the finish line that deviate from the finish line described in this section may be made only by agreement of the Parties, and far enough in advance of the Race to allow for public safety and health considerations to be smoothly adapted to any changes. 5. Limitations St. Croix agrees that the number of Race participants for all races will be limited to a total of 6,000 participants. 6. Parking Control The purpose of the Parking conditions is to ensure that Downtown businesses retain parking availability for their customers during the Marathon. To further this purpose, (a) The City will: i. Close Downtown City parking lots from 1:00 a.m. on Sunday, until the start of the Race. (b) St Croix will: i. Promote remote parking by Race participants by including a parking map and information, along with confirmation cards sent to all Race participants, and on other pre -Race promotional literature. ii. St. Croix will submit a Remote Shuttle Plan to the City Parking Commission for the review and comment of the Chamber by April 1, of each year. Race participants will not be allowed to park in parking lots in the Stillwater Central Business District. Shuttle service will end no earlier than 7:00 p.m. on Race Day. iii. Arrange for large parking lots, such as the Andersen Corporate lot or the Washington County Government Center, for the parking of Race participants and connect the remote lots to the Race starting and finish points by remote shuttle. At a minimum, St. Croix will reserve at least 3,500 remote parking spots for use of Race participants. iv. The parties agree to monitor the parking disbursal plan for the finish of the Race that addresses and mitigates parking congestion in the Downtown, in order that normal businesses housed in the Downtown are not damaged by Race congestion. The plan must be finalized by St. Croix in consultation with the Stillwater Parking Commission, Stillwater Police Chief and the Chamber by April 1, of each year. V. Parking Commission will work with St. Croix Events to establish a holding area for shuttles. vi. St. Croix will work with the Parking Commission to periodically update the written overall parking plan based upon actual Race experience. vii. St. Croix must pay to the city for exclusive use of the public parking spaces in the Downtown on race day, $2.25 per space for use of 100 spaces on race day. 7. Traffic Control Points The intersections of all streets and roads on the Race Course (Course) will be controlled by Police or event staff. Traffic will be allowed to cross the course at every intersection, runner traffic permitting. In addition, Race staff will assist residents with homes on the course in getting out of their driveways and escorting them to the nearest cross street, runner traffic permitting. Residences with homes on the course will receive a direct mailing from St. Croix informing them of specific Race timelines and will be given a direct "hot line" number to reach on Race day. Further, on the night before the Race, St. Croix will attempt to make personal contact with owners of vehicles that appear to be parked on the Race course. C This will be done in conjunction with the Stillwater Police Department. Every effort will be made to minimize or even eliminate the involuntary towing of vehicles because of the Race. By April 1 st of each year, a Road Closure Plan must be agreed upon by St. Croix and the Stillwater Police Chief. 8. Garbage and Rubbish Removal All garbage and refuse generated by the Marathon, including that left by spectators, will be removed properly and disposed of by sundown on the day of the Race. 9. Portable Toilets St. Croix will provide approximately 250 portable toilets that will be placed near the starting line, near the finish line, and spotted throughout the course in keeping with Standard Race Requirements. All portable toilets at the starting line must be removed by 9:30 a.m. on the day of the Race. All other toilets must be removed by sundown on the day of the Race In the event that all portable toilets are not removed in accordance with this requirement, the City is authorized to contract for and remove the toilets and add to costs so incurred to the costs that St. Croix is required to pay pursuant to §24 of this Agreement. 10. Water Stops and First Aid Stations Water and first aid stations will be established at the start, finishes, and throughout the race course in keeping with National Race Standards for marathons. 11. Emergency Plan The Race emergency plan will be designed by St. Croix with the assistance of National Marathon experts, Police and Fire Departments for the communities through which the Race will pass, and Lakeview Hospital Emergency Services. This plan must be updated after each year's race and must be received by the city at least 60 days prior to the race. in Further, St. Croix will retain a qualified medical doctor (MD) with expertise regarding marathons to review and approve the life safety aspects of the Emergency Plan. The City reserves the right to review and approve the MD so selected, and St. Croix must provide proof to the City that the MD so selected has been retained for this purpose. St. Croix agrees to authorize the MD to cancel the Race as required to protect the health and safety of the Race participants. 12. Food, Liquor and Vending St. Croix will not provide commercial food, liquor or vending, nor will they license others to provide these services to race participants in City parks. This provision will not prevent St. Croix Events from reaching agreement with the Chamber and Stillwater Marathon to develop a food vending program and beer coupon plan by April I st of each year. This provision does not prevent St. Croix from providing free standard recovery food and nonalcoholic beverages to Race participants. 13. Closing of the Course All barricades and cones will be removed by St. Croix and the Race courses closed by 1:00 p.m. on Race day. 14. Insurance, Hold Harmless and Indemnity St. Croix agrees to indemnify and hold harmless the City with regard to any claims, causes of action or demands that might be brought against the City arising out of the events authorized by this Agreement; and further, St. Croix agrees to provide to the City evidence of insurance coverage of at least the amount of the maximum liability of the city as set forth from time to time in Minnesota Statutes Section §466.04, covering claims that might be brought against them that arise out of the events authorized by this Agreement and to name the City as an additional insured on their policy "as their interest may appear." 15. Public Information St. Croix will make every reasonable effort to notify property owners and businesses along the Race courses of any restrictions that might be placed upon their 5 movements during the Race. Leaflets providing this information must be delivered to each such owner by mail one week before the race and delivered to the mailbox of each owner on the Friday before Race day. 16. Promotional Activities St. Croix will consult with the Convention and Visitors Bureau (CVB) and the Independent Business Association (IBA) and the local Chamber to develop a promotional plan that includes information to promote local business and restaurants. St. Croix will also display the City of Stillwater Lumberjack Logo on all promotional advertising, whether in print or web based. 17. Economic Impact Survey An Economic Impact Survey (the "Survey ") will be completed by a party agreed to by St. Croix Events and the City, that will study the economic impact of the Marathon on the economic health of the Stillwater area. The survey for the 2010 race will be evaluated by the city to determine whether further studies will be required. The cost of any Survey will be paid by St. Croix. The results of any Survey will be made available to all parties. 18. Hospitality Insert The Chamber will have the right to develop an insert, at its own cost, that will include local marketing information and items intended to promote local businesses. This insert will be distributed to Race participants by St. Croix as part of the hospitality bag during registration. This cooperation by St. Croix will be done without charge to the Chamber. The bag will be used to distribute St. Croix's Race information as well as the Chamber's materials. 19. Community Participation The City will work with St. Croix and the Chamber to encourage community participation in Race preparation and Race conduct. This effort will R include press releases, mail and media announcements that will describe opportunities for the involvement of local citizens in this Marathon Event. 20. Runner Tracking St. Croix will equip each runner with a computerized chip and provide a link for the public to access that information by remote computer. Any kiosk or computer that is established for the viewing of the Race at remote locations will be given access to the website. 21. Police Power The City reserves the right to shut down the Race in the event the Chief of Police determines that the public safety is threatened, or the health or safety of Race participants is threatened because of weather, temperatures, or any unforeseen cause that threatens the public health or safety or if closure is directed by the Medical Doctor designated by the Race in the Emergency Plan. 22. Use of Lowell Park and Pioneer Park St. Croix is entitled to the use of both Pioneer Park and Lowell Parks during set up, execution of the Race, and tear down. St. Croix agrees to allow continued casual public use of the Parks during this period. However, if in any year the finish line for all races is determined to be in Lowell Park, Pioneer Park will not be used for the event. 23. City Costs St. Croix must reimburse the City for the costs of the City Police Department, Public Works Department, and Fire Department needed to safely conduct and maintain the Marathon and supporting events. A deposit must be made with the City by St. Croix no later than two weeks before the Race in the estimated amount of City costs, as determined by the City Administrator using the prior year's actual expenses as a basis for the estimate. The final payment, if any, must be made to the city by June 15 or the next business day thereafter in each year. 7 In the event of a cancellation of this Race after the deposit is made, the City will be entitled to deduct actual out of pocket costs incurred in preparation for the Marathon, before returning the balance to St. Croix. 24. Naming Rights Rights to the name "Stillwater Marathon" and any logo or brand developed for the Race will remain the property of St. Croix. Registration of the name or logo as a trade name or trade mark is reserved in St. Croix. In the event that the event is abandoned by St. Croix, St. Croix will convey all rights to the name and logo to the City for $1.00. 25. Term The term of this Agreement will be three years unless terminated earlier by the City on public safety grounds, with either party having the right in each year to reopen discussion of contract terms if circumstances change so as to require contract adjustments. IN WITNESS WHEREOF, the parties have set their hands effective the day and year first written above. STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) ST. CROIX EVENTS, INC. Its David Eckberg President The foregoing instrument was acknowledged before me this day of October, 2010, by David Eckberg, the President, the duly authorized agent for ST. CROIX EVENTS, INC., a Minnesota corporation. Notary Public CITY OF STILLWATER Ken Harycki, Its Mayor ATTEST: Diane F. Ward, Its City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of October, 2010, by Ken Harycki, Mayor, and Diane F. Ward, Clerk, for the City of Stillwater. Notary Public E MEMORANDUM TO: Mayor & Council FROM: City Administrator Hansen SUBJECT: Refuse Contract DATE: October 1, 2010 The City's contract with Waste Management is up for renewal or re -bid at the end of the year. The City has been with Waste Management for over 20 years and receives excellent service at very competitive rates. In fact, despite a large increase in county tipping fees and the increase in fuel costs, our citizens pay less than they paid in 1992. In addition to the excellent service, State Law (§ 115A.94) provides haulers with certain protections so that it is difficult to replace them. If the City were to re -bid, the law requires a 90 day period to invite all interested haulers to participate in the planning of any changes to the contract, and to record its decision in writing. After this 90 day period of discussions, an additional 90 days is required before awarding a contract, and again the reasons must be in writing. Absent valid reasons for a change, the City would likely be sued. Garbage haulers take this protection very seriously. (See City Attorney Magnuson's Memorandum and attached court findings.) If lieu of a re -bid, I suggest we renegotiate another 5 year extension. In so doing, we can check to make sure our rates and service remain competitive and add or delete any provisions to make services better. RECOMMENDATION Renegotiate a 5 year contract extension. Dave Magnuson From: Dave Magnuson [dtmagnuson @magnusonlawfirm.com] Sent: Tuesday, September 21, 2010 11:18 AM To: 'Larry Hansen' Subject: Solid Waste Contract Larry, It is my opinion that the City could negotiate an extension to the existing contract without following the procedural requirements of Minn. Stat. 115A.94, however, if the plan is to seek public bids, the City must follow the planning and notice requirements of that statute. I found no Supreme Court cases on point, but I did obtain copies of the 2006 and 2007 Hennepin County case involving Minneapolis Refuse, Inc.(MRI) and the City of Minneapolis. In that setting, Mpls had contracted with MRI since 1971 and had renewed each five year contract continually. In 2006 Mpls voted to proceed with an RFP process under which they would seek competitive bids. They followed the procedures in the City Charter, but did not follow Sec. 115A.94. MRI sued and a District Judge ordered them to comply. This statute requires the City to announce its intent to organize, invite the participation of interested parties in planning and establishing the system or in our case any RFP, abide by two 90 day periods for participation and discussion and make its findings regarding any decision in writing. I have made copies of the Judgments in the Mpls case for your review, and I will send them along with this memo. 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 DTMagnuson @magnusonlawfirm.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 STATE OF MINNESOTA ; -y r•..v ` COUN OF 1 - L Minneapolis Refuse, Inc.; c F �A TOR Plaintiff, VS. City of Minneapolis, DISTRICT COURT aURTH JUDICIAL DISTRIC FINDINGS OF FACT, CONCLUSIONS OF LAW, ORDER & MEMORANDUM DENYING SUPPLEMENTAL TEMPORARY INJUNCTION Court File No. 27 -CV -06 -5520 Defendant. This matter came before the Honorable William R. Howard on February 23, 2007 at 1:15 P.M. in Courtroom 1353 of the Hennepin County Government Center, on Plaintiff's motion for a supplemental Temporary Injunction. The Plaintiff was represented by Michael Rothman and Aimee Dayhoff, of Winthrop and Weinstine. The Defendant was represented by James Moore and Lisa Needham, of the City Attorney's Office. The parties both submitted Memoranda in support of their arguments. After a review of the arguments presented and the entire file herein, this court hereby makes the following: FINDINGS OF FACT and PROCEDURAL HISTORY 1. On June 7, 2006, Plaintiffs filed for a Temporary Injunction, seeking to prevent the City of Minneapolis from proceeding with a planned request for proposals (RFP) process with regard to its system of garbage collection and hauling in certain sections of the city. 2. This Court granted the Injunction on September 15, 2006, pursuant to a . Stipulation between the parties that they were in agreement that the only issue in the case was the single Dahlberg factor of whether or not MRI was likely to prevail on the merits — whether or not Minn. Stat. I I5A.94 applied to the city in this.circumstance; if so, the temporary injunction was proper. 3. For this proceeding, the relevant portion of the statute provides: Subd. 4. Cities and towns; notice; planning. (a) At least 180 days before implementing an ordinance, franchise, license, contract or other means of organizing collection, a city or town, by resolution of the governing body; shall announce its intent 1 to organize collection and invite the participation of interested persons, including persons licensed to operate solid waste collection services, in planning and establishing the organized collection system. (b) The resolution of intent must be adopted after a public hearing. The hearing must be held at least two weeks after public notice and mailed notice to persons known by the city or town to be operating solid waste collection services in the city or town. The failure to give mailed notice to persons or defect in the notice does not invalidate the proceedings, provided a bona fide effort to comply with notice requirements has been made. (c) During a 90 -day period following the resolution of intent, the city or town shall develop or supervise the development of plans or proposals for organized collection. During this 90 -day planning period, the city or town shall invite and employ the assistance of persons licensed as of the date of the resolution of intent to operate solid waste collection services in the city or town. Failure of a licensed collector to participate in the 90 -day planning period, when the city or town has made a bona fide effort to provide the person the opportunity to participate, does not invalidate the planning process. (d) For 90 days after the date ending the planning period required under paragraph (c), the city or town shall discuss possible organized collection arrangements with all licensed collectors operating in the city or town who have expressed interest. If the city or town is unable to agree on an organized collection arrangement with a majority of the licensed collectors who have expressed interest, or upon expiration of the 90 days, the city or town may propose implementation of an alternate method of organizing collection as authorized in subdivision 3. (e) The city or town shall make specific findings that: (1) describe in detail the procedures it used to plan and to attempt implementation of organized collection through an arrangement with collectors who expressed interest; and (2) evaluate the proposed organized collection method in light of at least the following standards: achieving the stated organized collection goals of the city or town; minimizing displacement of collectors; ensuring participation of all interested parties in the decision - making process; and maxis ruzing efficiency in solid waste collection. M.S.A. 115A.94 2 (2005). 4. Pursuant to the Court's temporary Injunction order, the City abided by the Statute regarding the resolution of intent process and the first 90 day period. MRI now contests the City's actions with regard to the second 90 day period, contending that the intent behind the statute is that the City is required to negotiate solely with the incumbent haulers, NM. CONCLUSIONS 1. The plain language of the statute does not require the City to negotiate only with the incumbent haulers. 2. There is no evidence, at this time, that the City's actions violate the statute. 3. The general intent of the statute is to minimize displacement of haulers, not to guarantee contract rights. ORDER 1: Plaintiff's motion for a Supplemental Temporary Injunction is Denied; 2.. The City may proceed with its organized collection contract process as established in the resolution and the first 90 day period. 3. The City must still negotiate fairly and in good faith and continue to abide by the statutory requirements of Minn. Stat. 115A.94, including the creation of full findings regarding the process and decision. 4. The following memorandum is incorporated herein.. DATED:. BY THE COURT: algukMIA William R. o d Judge of District ourt 3 wwr4t. WASTE MANAGEMENT September 16, 2010 Mayor and City Council Members City of Stillwater 216 Fourth Street North Stillwater, MN 55082 Honorable Mayor and City Council Members: This letter is to respectfully request that you negotiate an extension to your current environmental services contract with Waste Management. You may not think about Waste Management when you think about the look and feel of the City. What would Stillwater look like without Waste Management? Imagine a City with garbage piling up at the curb. Imagine a City with leaves clogging your gutters. Our drivers ensure that the City is kept clean and neat. Everything is picked up and clean before your residents arrive home for the evening. Imagine Stillwater without Waste Management. Your residents would not have the peace of mind that our friendly drivers are watching out for them and their children. You would not have the safety etiquette that we bring to your streets. We have collaborated with Stillwater for more than 20 years. You may ask why the City has utilized Waste Management for so long. The environmental program we provide to the City allows you to worry about other issues in your City. Waste Management provides all of the customer service, billing, and clean up needs that Stillwater requires. We make it look easy. That makes it easy for you to be unaware of the value we bring to Stillwater. Again we respectfully request the opportunity to negotiate an extension of our agreement with the City. Please do not make a rash decision that will affect every household in Stillwater. Please do not risk a program that your residents appreciate and have come to expect. Sincerely, Jennefer Klennert Community and Municipal Relations Manager Waste Management Phone (763) 783 -5429 Cell Phone (612) 221 -0954 E -Mail jklenner @wm.com Refuse Services: 1) Weekly carted trash service. 2) Billing and handling of receivables for all residents and apartments in the City. Including remittance of all taxes and fees to the State of Minnesota and Washington County. 3) Large bulky item pick up on the same service day as trash. Recyclable Services: 1) Every other week carted recycle service. 2) Appliance pick up and recycling on the same service day as trash. 3) Electronics pick up and recycling on the same service day as trash. Yard Waste Services 1) Unlimited weekly pick up of lawn and leaf debris and branches from April 1 to November 30. This includes unlimited amounts picked up during the heavy leaf system on the same service day as trash. THE BLUE STAR AWARD PROGRAM 360 North Robert Street #400 Saint Paul, MN 55101 Phone: (651) 222 -2193 Ext.18 Fax: (651) 222 -6005 info @bluestarmn.org Recognizing Excellence in Community Stormwater Management Dear Torry, I am writing you to congratulate the City of. Stillwater on winning the Blue Star Award for Excellence in Community Stormwater Management. Your community's achievement is a reflection of your remarkable commitment to preserving and protecting Minnesota's water re ,§otjrces. As Minnesota communities look to protect our lakes, streams, and wetlands from stormwater pollution, it is my hope that they will look to Stillwater as model for excellence in stormwater management. Additionally, I want to thank you for being one of the first communities in Washington County to earn the award. With all the attention being paid to water quality concerns in the St. Croix River, along with the launch of a number of new initiatives ir) the St. Croix Waterstied - including Minimum Impact Design Standards (MIDS) and Non -Point Education for Municipal Officials (NEMO), I am grateful to the City of Stillwater for taking a leadership role in addressing stormwater management issues. I've included several items in this parcel: • Your Blue Star Award for public display • A Certificate of Award you can proudly post in your office • Blue Star Award buttons to share with your staff or wear at public events A separate parcel with ten copies of your Blue Star Award Posters will arrive shortly. I encourage you to visit your awards page at www.bluestarmn.org. The awards page•can be viewed by logging in to www.bluestarmn.org anct visiting your "dashboard" through the link on the right hand side cglumn. Your awards page has editable tools — like draft press releases, newsletter articles, and utility bill inserts — that you can use to publicize your Award. These materials will be regularly uod' ated, and we'll be sure to let you know when new materials are available for use. ff you wish to work with Blue Star Award program staff to spread the word about your award - winning status, please don't hesitate to contact me. I am happy to lerfd a hand in any way necessary to help publicize your achievement. Again, congratulations on your Blue Star Award and thank you for your community's efforts to protect, preserve and enhance Minnesota's water resources. Best Wishes, 7 Trevor A. Russell 'Program Administrator Minnesota Blue Star Award Program Phone: 651 - 222 -2193, ext. 18 Email: info @bluestarmn.org www.bluestarmn.org BLUE STAR AWARD Ucog tW% Excellence in Community Stormwater Management THE BLUE STAR AWARD PROGRAM The City of Stillwater For its Committment to Protecting and Preserving Minnesota's Water Resources- Hereby Recognizes Washington .-=County BOARD AGENDA OCTOBER 5, 2010 — 9:00 A.M. 1. 9:00 Washington County Regional Railroad Convenes A. Roll Call Board of Commissioners Dennis C. Hegberg, District 1 Bill Pulkrabek, Chair, District 2 Gary Kriesel, District 3 Myra Peterson, District 4 Lisa Weik, District 5 B. Pledge of Allegiance C. Amendment No. 1 to Financial Management Services Agreement with the Red Rock Corridor Commission D. Adjourn 2. 9:05 Washington County Board of Commissioners Convenes Roll Call 3. 9:05 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant repetitive, overly argumentative, or if it is not 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 agenda items. 4. 9:15 Consent Calendar — Roll Call Vote 5. 9:15 General Administration — Jim Schug, County Administrator A. Distinguished Budget Presentation Award for 2010 B. Report on the Department of Natural Resources Plans to Acquire the Minnesota Zephyr Rail Line for a State Trail 6. 9:30 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 on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 7. Board Correspondence 8. 9:50 Executive (Closed) Session with the Department of Public Works Discuss Settlement Option for County Road 83 with BBP Development LLC in the City of Forest Lake 9. 10:10 Adjourn ** *MEETING NOTICES LISTED ON BACK * ** Assistive listening devices are available for use in the County Board Room 0,9UAL cnnrw T NICN I vrrVK I UNI IT / ArHKMA I IVt AG I IVN tMVLUYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR OCTOBER 5, 2010 The following items are presented for Board approval/adoption: DEPARTMENT /AGENCY ITEM Administration A. Approval of the September 21 and 28, 2010 Board meeting minutes. B. Approval to appoint Erika Ashe to the Mental Health Advisory Council representing People Inc., to a first term expiring December 31, 2013. Accounting and Finance C. Approval to Policy #2803 to include fund 321, 2005 CEP Refunding Bonds. Property Records and D. Approval of resolution setting aside 20% of the net proceeds from the Taxpayer Services tax forfeited sale funds to the county park fund for the acquisition and maintenance of parks and recreational areas. E. Approval of contract with Manatron Inc. for support services for property tax software system. Public Health and Environment F. Approval of resolution certifying to the County Auditor unpaid outstanding County Environmental Charges and order the County Auditor to extend the assessments with interest upon the tax rolls of the county. Sheriff's Office G. Approval of resolution authorizing the Washington County Sheriff's Office to enter into a Joint Powers grant agreement, Amendment #1, for the Child Sexual Predator Program for investigative overtime reimbursement, training and equipment, with the State of Minnesota, acting through its Commissioner of Public Safety, Bureau of Criminal Apprehension. H. Approval to accept a donation in the amount of $200 from Residential Mortgage Group on behalf of Ian Foslien of Maplewood, MN, and Anton H. Jensen of Lake Elmo, MN. *Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. MEETING NOTICES" ( "Meeting dates, time and locations may change. Contact the Office of Administration or individual agencies for the most current information) Date Committee Time Location October 5 Open House, East Metro Rail Capacity Study 5:00 p.m. Union Depot — St. Paul October 6 MESB Executive Committee 10:30 a.m. 2099 University Avenue West — St. Paul October 7 MN Transportation Alliance Regional 10:00 a.m. 13000 Ravine Parkway South — Cottage Grove Meeting/Candidate Forum October 7 Metro Energy Policy Coalition 12:00 p.m. 100 Empire Drive — St. Paul 7 Summary of Proceedings Washington County Board of Commissioners September 21, 2010 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 Pulkrabek presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: - Commissioner Heaberg — reported that the Counties Transit Improvement Board approved Washington County's plan to defer its projects to 2012; he reported on the Transportation Advisory Board meeting which discussed using road money for transit; and he reported on the Association of Minnesota Counties Policy Committee meetings and that the environmental committee discussed the use of Lessard funding to preserve aggregate resources; - Commissioner Kriesel — reported on the Veteran's Rest Camp budget process; attended the Parks and Open Space Commission which discussed ski trails in Lake Elmo Park Reserve; and noted that the Washington County Historical Society will hold its annual meeting on September 30 and that St. Paul Saints owner Mike Veeck will be the guest speaker; - Commissioner Peterson — reported on the Association of Minnesota Counties Water Governance meeting; she attended the Transportation Alliance Legislative Committee meeting which discussed next year's legislative session; and noted that the Transportation Alliance will hold its annual meeting on November 3 in Minneapolis; - Commissioner Weik — reported that the next Counties Transit Improvement Board meeting will be held on October 29 at 10:00 a.m. at the Minnesota Counties Insurance Trust Building; reported on the Public Health Emergency Preparedness meeting which discussed cities readiness initiatives and alternative dispensing modalities; reported on the Minnesota Inter - County Association meeting and noted that Hennepin County has asked about membership; and they discussed Anoka and Carver counties broadband fiber optic network projects; - Commissioner Pulkrabek — reported that he will be attending today's groundbreaking ceremony for the Red Oak Preserve in Oakdale and he will be attending the MICA Candidate Forum this evening. Community Services Approval of the following actions: - Agreement with Dakota County to receive $225,153 in HOME Investment Partnership funds as part of the Dakota County Consortium; - Grant contract with the Minnesota Department of Human Services for the Chemical Health Care Home Pilot Project. General Administration Approval of the following actions: - September 7, 2010 Board meeting minutes; - Reappoint Craig Leiser, Grant, and Gail Pundsack, Stillwater, to the Brown's Creek Watershed District Board of Managers to three -year terms expiring October 21, 2013; Reminder that Washington County will host the Minnesota Inter- County Association candidate forum this evening at 6:30 p.m.; Board correspondence was received and placed on file; Workshop held with the Housing and Redevelopment Authority to receive its 2011 proposed budget. Human Resources Approval of the 2011 AFSCME bargaining unit contract re- opener for health insurance. Public Works Approval of the following actions: - Resolution No. 2010 -134, Gilbertson house lease, Marine, Minnesota; - Resolution No. 2010 -135, assignment of Counties Transit Improvement Board Capital Grant Agreement No. 1- 2010 -8 between Washington County and Washington County Regional Railroad Authority; - Resolution No. 2010 -136, Metropolitan Council Grant Agreement SG2010 -095 for winter recreation area planning and development; - Resolution No. 2010 -137, final payment for edgeline striping on various county roads to Century Fence Company; - Resolution No. 2010 -138, final payment for construction of transit center, trailhead facility, parking lot and trail connection project in the City of Forest Lake to Lund -Martin Construction, Inc. Regional Railroad Authority Adoption of Resolution No. RRA- 2010 -007, assignment of Counties Transit Improvement Board Capital Grant Agreement No. 1- 2010 -8 between Washington County and Washington County Regional Railroad Authority. 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 62 nd Street N., Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners September 14, 2010 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 Pulkrabek presided. Commissioner Reports — Comments — Ouestions The Commissioners reported on the following items: - Commissioner Weik — reported on the Woodbury Development tour she participated in last week; and she attended the I -94 Gateway Corridor meeting which heard a presentation on the Minnesota Department of Transportation highway study; - Commissioner Peterson — reported on the Counties Transit Improvement Board Executive Committee meeting and it was their consensus to recommend that Washington County be given permission to bank its dollars; and she asked that a Commissioner's Award be prepared for Glen and Lorraine Brown who are celebrating their 60'' Wedding Anniversary; - Commissioner Kriesel — reported he attended the Public Works training day at the Lake Elmo Regional Park; he attended the Gateway Corridor Commission meeting and met with the Stillwater Area Chamber on the Stillwater Bridge; - Commissioner Hegberg — reported that the Rush Line Corridor approved the contract to allow buses to go from Forest Lake to St. Paul which will begin on October 15; he and Commissioner Kriesel met with the City of Hugo Mayor to discuss gravel pits; and he attended the Transportation Advisory Board meeting. Community Services Approval to appoint Danni Schifsky, Willow Haven, to the Mental Health Advisory Council to a first term expiring December 31, 2012. General Administration Approval of the following actions: - Craig Leiser, Brown's Creek Watershed District, reported that they have put in a bid to purchase the Jackson Wildlife Management Area from the Department of Natural Resources for a managed wildlife space, an interpretative nature area offering trails and natural study sites; - 2011 proposed budget presentations by Property Records and Taxpayer Services, County Attorney, Administration, Human Resources, Information Technology, and Accounting and Finance; - Resolution No. 2010 -129, certifying proposed property payable 2011; - Resolution No. 2010 -130, certifying proposed property payable 2011, Regional Rail Authority; - Resolution No. 2010 -131, certifying proposed property Housing and Redevelopment Authority for payable 2011; - Resolution No. 2010 -132, adopting the Washington proposed budget for payable 2011; tax levy for Washington County tax levy for Washington County tax levy for Washington County County Regional Rail Authority Resolution No. 2010 -133, adopting the Washington County proposed budget for payable 2011; Board correspondence was received and placed on file. Public Works Approval of the following actions: - Change Order #9 to contract with Ramsey Excavating, Inc. in the amount of $5,207.60; - Change Order #13 to contract with Sowles Company in the amount of $19,902.31; - Change Order #4 to contract with St. Paul Linoleum and Carpet Company in the amount of $12,558; - Change Order #4 to contract with WL Hall Company in the amount of $1,650. Regional Railroad Authority Approval of the following actions: - July 20, 2010 Regional Railroad Authority meeting minutes; - Gateway Corridor I -94 Alternative Analysis Study. Sheriffs Office Approval of the following actions: - Award bid for 9 -1 -1 Communications Audio Data Solution to Tierney Brothers, Inc.; - Update given on recent homicide that occurred in Lake Elmo. Two suspects were apprehended and have been charged with 2 nd degree homicide. 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 62 nd Street N., Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners September 7, 2010 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 Pulkrabek presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: - Commissioner Hegberg — reported that the Rush Line Corridor will meet on September 8 and finalize the bus transit from Forest Lake to St. Paul starting October 15; - Commissioner Kriesel — reported that the Metro Energy Policy Coalition met and discussed energy savings on lighting and next year's legislative session; and reported that the Commissioner/Department Head retreat held at the Hardwood Creek Service Center last week was successful; - Commissioner Peterson — reported that the Metropolitan Mosquito Control met and they are holding their preliminary levy flat for 2011 and that the first case of West Nile and Encephalitis have been reported; and she noted that the Wakota Bridge Coalition will hold its last meeting next Wednesday; - Commissioner Weik — congratulated the organizers of the Woodbury Days on a great event; and acknowledged an article that appeared in the Star Tribune on truck only lanes. General Administration Approval of the following actions: - Jim Martin, candidate for Representative District 56A, introduced himself to the County Board; - Commissioner's Award presented to Katie Miron, Hugo, who is the reigning Princess Kay of the Milky Way; - August 17 and 24, 2010 Board meeting minutes; - Public hearing held to receive comments on the proposed 2030 comprehensive Plan; - Resolution No. 2010 -123 adopting the Washington County 2030 Comprehensive Plan, Ordinance No. 184, and repealing the 2020 Comprehensive Plan; - Board correspondence was received and placed on file; - Workshop held with the Departments of Community Corrections, Community Services, and Public Health and Environment to discuss their proposed 2011 budgets. Public Health and Environment Adoption of Resolution No. 2010 -121 authorizing facilitation and participation in the Hazard Mitigation Planning Process. Public Works Approval of the following actions: - Change Order #12 to contract with Gresser Companies, Inc., in the amount of $35,786.86; Change Orders #12 and #13 to contract with Glewwe Doors, Inc., in the amounts of $5,771 and $1,210 respectively; Change Orders #10 and #11 to contract with Wasche Commercial Finishes, Inc., in the amounts of $9,673 and $2,547 respectively; Resolution No. 2010 -124, bid award for construction of Hardwood Creek Regional Trail pedestrian bridge over CSAH 2 in the City of Forest Lake to S.M. Hentges & Sons, Inc.; - Contract with Bonestroo, Inc. to provide construction inspection and administrative services necessary to construct the Hardwood Creek Regional Trail overpass at Broadway Avenue in the City of Forest Lake; Resolution No. 2010 -125, bid award for bituminous reclamation and paving on CSAH 8 in the City of Hugo to Hardrives, Inc.; Cooperative construction and maintenance agreement with the City of Hugo for construction on CSAH 8; Resolution No. 2010 -126, supporting the submittal of an application to the Counties Transit Improvement Board for grants payable in fiscal year 2011 for a local match to the Red Rock Corridor Station Area Planning Study; - Resolution No. 2010 -127, supporting the submittal of an application to the Counties Transit Improvement Board for grants payable in 2011 for the Newport Transit Station; Resolution No. 2010 -128, supporting the submittal of an application to the Counties Transit Improvements Board for grants payable in fiscal year 2011 for use on 2012 Washington County Priority Transit Projects. Sheriffs Office Approval of the following actions: - Resolution No. 2010 -122 authorizing execution of grant agreement with the Minnesota Institute of Public Health; - Accept a donation from the Schultz family, Eagan, Minnesota, in the amount of $50; - Joint Powers Agreement with the National Park Services, Unites States Office of the Interior, acting through the Superintendent of St. Croix National Scenic Riverway for mutual aid assistance. 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 62 Street N., Stillwater, Minnesota. Washington C BOARD AGENDA SEPTEMBER 28, 2010 - 9:00 A.M. 1. 9:00 Roll Call Pledge of Allegiance. 2. 9:00 Comments from the Public Board of Commissioners Dennis C. Hegberg, District 1 Bill Pulkrabek, Chair, District 2 Gary Kriesel, District 3 Myra Peterson, District 4 Lisa Weik, District 5 Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board (fair reserves the right to limit an individual's presentation if it becomes redundan4 repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. 3. 9:10 Consent Calendar — Roll Call Vote 4. 9:10 Public Health and Environment — Amanda Strommer, Program Manager A. Amend Policy #1032, Fee Schedule, 2011 Fee Schedule B. Subsurface Sewage Treatment System Inspection Services with the City of Lake Elmo 4. 9:25 General Administration — Jim Schug, County Administrator Resolution Recognizing Chief Deputy Sheriff Mike Johnson 5. 9:35 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 on matters of interest and information, or raise questions to the sta This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 6. Board Correspondence 7. 9:55 Adjourn 8. 10:00 Board Workshop with the Office of Administration to 10:45 Direction on Balancing the Proposed 2011 Budget ****************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MEETING NOTICES" ( "Meeting dates, time and locations may change. Contact the Office of Administration or individual agencies for the most current information) Date Committee Time Location September 27 Library Board 6:30 p.m. 8595 Central Park Place - Woodbury September 28 Planning Advisory Commission 7:00 p.m. Washington County Government Center September 30 Red Rock Corridor 3:30 p.m. Cottage Grove City Hall Ass dve listening devices are available for use in the County Board Room �.xv uni w�rvwvi vrrlJK 1 UI`4IIT / ArrIKMA I IV C Al— I IVIV CMYLVYtK WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR SEPTEMBER 28, 2010 The following items are presented for Board approval/adoption: DEPARTMENT /AGENCY ITEM Administration A. Approval of the September 14, 2010 Board meeting minutes. B. Approval of contracts with Martha Albertson and Megan Hunt for legal services for Children in Need of Protection (CHIPS) and Termination of Parental Rights (TPR) cases. Human Resources C. Approval to revise Policy #5011, Time Off to Vote. Public Health and Environment D. Approval of amendment to the Public Health Preparedness and Cities Readiness Initiatives project agreement with the Minnesota Department of Health, and authorization for the County Board Chair and County Administrator to enter into the agreement. E. Approval and execution by Board Chair and Administrator of Recycling Grant agreement with the City of Stillwater for distribution of curbside recycling funds. F. Approval of resolution authorizing the identification of $33.69 per ton as the market price for purposes of the Solid Waste Management Tax effective January 1, 2011; and authorize the Department of Public Health and Environment to submit this market price and supporting documentation to the Minnesota Pollution Control Agency. Sheriff's Office G. Approval to accept a donation to the Washington County Sheriff s Office K -9 Unit from the City of Hugo residents, Afton and Nick Brundell, in the amount of $25.00. H. Approval to accept a donation to the Washington County Sheriff's Office K -9 unit from M & I Bank in the amount of $130.05. *Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action.