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HomeMy WebLinkAbout2011-03-15 CC PacketTOE 111OTO►IOCE Of ■I111E /OIO REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street March 15, 2011 REGULAR MEETING 7:00 P.M. 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. Possible approval of the March 1, 2011 regular and recessed minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2. Swearing in of Officer Daniel Young 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. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Dev. Director 7. Public Wks Dir /City Engr. 8. Finance Dir. 9. City Attorney 10. City Administrator CONSENT AGENDA (Roll Call) 11. Resolution 2011 -42, directing payment of bills PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or less. 12. This is the date and time for the public hearing to consider the transfer of the On Sale and Sunday Liquor License from Stillwater Kitchens LLC, DBA: Kitchen in Stillwater to Shanghai Stillwater, LLC, DBA: Shanghai Bistro located at 324 Main Street S., Applicant: David Tank and Henry Chan. Notice was published in the Stillwater Gazette on March 3, 2011. (Resolution — Roll Call) 13. This is the date and time for the public hearing on the 2011 Street Improvement Project. Notices were mailed to affected property owners and published in the Stillwater Gazette on February 25th and March 4th, 2011. (Resolution — Roll Call) UNFINISHED BUSINESS 14. Possible approval of second reading of Ordinance 1027, An Ordinance Amending The Stillwater City Code, Section 31 -1, Subdivision 5 Entitled Establishment Of Districts (Kaufman — Nelson at 1754 and 1650 Washington Avenue ) (Ordinance -Roll Call) 15. Discussion of Downtown Pedestrian Walkway concept plans NEW BUSINESS 16. Possible approval of Certificate of Termination and Release — Langola Corp. - Stillwater Industrial Park (Resolution — Roll Call) 17. Possible adoption of resolution supporting construction of the St. Croix River Crossing Bridge (Resolution — Roll Call) 18. Possible accepting of bids and awarding contract for Sewer Lining Project (Resolution - Roll Call) 19. Possible approval of resolution approving the updated 2011 Emergency Operations Plan for the City Of Stillwater (Resolution — Roll CaII) 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. TI! IIRTXll1CI Of ■1111111111 CITY COUNCIL MINUTES March 1, 2011 REGULAR MEETING Mayor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Cook, Menikheim, Polehna, and Mayor H Absent: Councilmember Roush 4:30 P.M. Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director S. ders City Clerk Ward OTHER BUSINESS Workshop on TIF projects and financin City Administrator Hanse indicated that staff had resulted in some very District 1 ends o City follows the state Auditor' Q timely m it mig'� the Cif, located in payments bem ,. so no general d ti iewe is memo regarding possible use of TIF revenue. He 4,,- ity's bond counsel, Mary Ippel, on February 18 that ositive ne e Specifically, he pointed out that even though TIF er 31, 2011, funds can be expended after that date as long as the g plan and the funds are spent on eligible expenditures. He noted the e likelyould exert pressure on the City if the funds are not spent in a r a 4 . 'f is recommending a very conservative approach in areas where question. to whether an expenditure is TIF- eligible. Mr. Hansen added that use revenues from TIF District 1 for the parking ramp, even though the ramp is District 10; and that he is recommending up to three years of parking ramp from TIF District 1 funds, which would build a cushion in TIF District 10, evenue public tax dollars ever have to be expended on the ramp. Mr. Hansen then referred to City Planner Pogge's memo regarding possible projects and expressed that the only recommendation he did not support was expanding the district to include the entire City, which could cause some problems and definitely would raise some questions at the state Auditor's Office. Mr. Hansen explained that this issue would be brought back to Council in the near future when staff has prepared a recommended amended funding plan. Councilmember Cook stated that she thought a list of projects would be presented at this time and she was unclear what is eligible for TIF funding. City Attorney Magnuson responded City Council Meeting March 1, 2011 that TIF cannot be used to fund the general business of a municipality or to build city halls or parks; and that in general, utilities, streets and sidewalks are eligible expenditures. Mr. Hansen replied that the funding plan would provide the Council with flexibility regarding project funding. Kurt Klitzke, 420 Linden St. W., and owner of InnovaGraft Biologics at 1815 Greeley St. S., suggested the availability of this funding source presents an opportunity for the City. He spoke of his recent experience appearing before the Heritage Preservation Commission, where the Commission heard a demolition request dealing with a vac klder home. He had observed during the recent City election, several candidates ran on the slue of economic development, and he suggested that the view of economic development downtown- oriented is myopic — it should include the entire City. He indicated that, currenothing is �i/ being done to attract any jobs from big employers into the City. He �_gested exploring the idea of providing seed money for the formation of a redevelopmen hority which could address a lot of the problems downtown and the business/. ia �;a % � well as the problems of vacant, older homes. Councilmember Polehna pointed out that staff was working issues. Mr. Hansen reported that staff has been workin possible projects and that part of the programs proposed b help bring those projects about. Mr,ansen ad; ®° will enable the City to bring a project tp fruit benefit to the City. Mr. Magnuson pointed out th Council ah ad has all the powers of a Housing and Development Authority, an Economic Authority and a Municipal Development District under state statute; and th %hie did not think it necessary to create a new entity or separate level of government to a nomic development eral developers about r P ogge and Mr. Turnblad can trying to provide the tools that e Council deem that project of Councilmember Cgo fl red that the Council may have the authority, but perhaps does not have the expert e red ed Mr. Klitzke indicated that he was talking about a concerted redevelopment rf on thine that need redeveloping — homes, businesses, downtown — not just the a nds on a certain project; he talked about recruiting efforts. Count ber Menikheim spoke of being creative and innovative in approaching this issue. Mayor i stated that he liked the idea of a City -wide approach, rather than a focused approach o 'town, noting that while the downtown is important and helps define the City's image, i er areas of the City cannot be ignored. Mr. Klitzke suggested it would not require a lot of money to get this started and that he would be happy to make phone calls to possible resource people. Washington County Commissioner Gary Kriesel reported that the County is taking a more active role in economic development for the region; he suggested that the City have a presentation by the Itasca Group, and said he would provide their contact information. Page 2 of 13 City Council Meeting March 1, 2011 Mayor Harycki expressed that he would like more information about the benefits or drawbacks of establishing some type of economic development/redevelopment authority. Community Development Director Turnblad answered that there is no mystery regarding the formation of an economic development authority, the question is one of funding and finding the right person to have ownership of long -term commitment to economic development. Mr. Turnblad pointed out that at this point, the City cannot afford to hire a full -time economic development coordinator; and that other options require a lot of priv., e involvement. After additional discussion, it was agreed to schedule a presentation by tasca Group. Mr. Klitzke volunteered to contact other resources in the community 'an.� •rt back to the Council on interest in participation and possible levels of participation. STAFF REPORTS Police Chief Gannaway provided an update on flood pl indicated its support in that area. He reported that meetin business owners regarding planning efforts and possibl, department, he indicated that he is finishing hiring the pos Fire Chief Glaser reported that the airboat has bee° •loy an incident north of the City and another on a utual a d cal there was a recent serious fire apart Bayport responding on mutual -aid; and that the no injuries. He added that the Red C, was co indicated that data collection has begun' N. scheduled for April 19 -20. He also oted the preparation efforts. Councilmember Menikheiri aware of what is being do ■during cidents such as the air boat rescues and the apaitment fire. state has ith downtown egarding the police by Council. e last two weeks -- at sorest Lake. He also noted on Greeley Street South, with ined to one unit and there were to assist residents. Chief Glaser the shared services study, with a site visit ent is continuing to participate in flood ggested the City needs to make residents Community Deve surveillance c noting that ther neighbor library south the City. Director Turnblad explained to the Council that the parking ramp op ational. He also updated the Council on the rezoning project, e alrea been over 1800 hits on the web site. He informed them that ngs a cheduled for March 8 at the Margaret Rivers Room of the orth nts March 10 at Stillwater Junior High for the South Hill and rea residents, and March 22 at Rutherford Elementary for the western portions of Councilmemb Cook expressed appreciation for the web site and spoke of the savings in staff time as the result of folks using that resource. Public Works Director Sanders stated that quotes had been received for the fill materials for the flood control sandbags, with the low bid submitted by Raleigh Trucking. He noted that the department has been working with Community Thread for the organization of volunteer efforts; and that there is a link on the web site for volunteering. He pointed out that they are anticipating two to three weeks of sandbagging. He provided information regarding the Page 3 of 13 City Council Meeting March 1, 2011 closing of the Plymouth Avenue Bridge in Minneapolis as requested by Councilmember Cook. He noted that at the most recent Parks and Recreation Commission, the Commission recommended approval of a private resident's donation of several benches for the Lake McKusick trail. Motion by Councilmember Polehna, seconded by Councilmember Cook, to accept the benches to be placed on the Lake McKusick trail as recommend by the Parks Commission. All in favor. Councilmember Menikheim commended Mr. Sanders for his recent presentation at a Lions Club meeting. Finance Director Harrison informed the Council that the auditors will be at preliminary audit work for several days during the week following theCouncil mri+ stated that the main audit will take place during the first week in Apri l and that i Councilmembers may be contacted during that time. all doing g. She possible City Attorney Magnuson referred to the proposed agreement ith thy-" owner of the Water Street Inn. He indicated that when the agreement was put'ether, stae =noticed that the curb on Myrtle Street on both the hotel and parking lqt/izside is j j ugherty s property by about 3', so an easement was added to the agreement However, Mr. Dougherty was not amenable to providing the easement he noted that tom' City has used the property and ,�h maintained it publically for many years, so it would be a prescriptive easement regardless of Mr. Dougherty action. He suggested tl velopment agreement shouldn't be derailed over this issue. He also noted that language ded to the agreement that should hazardous materials be discovered during A roveme' 6 he parking lot, it will be the owner's responsibility, not the City's, to do a y necessa ° emediation efforts. The meeting was recesse RECESSED MEET Mayor Harycki call Present: Staff presen recess meeting to order at 7 p.m. /% Cook, Menikheim, Polehna, Roush and Mayor Harycki Administrator Hansen orney Magnuson Co' y'' unity Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward Page 4 of 13 7:00 PM City Council Meeting PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES March 1, 2011 Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve the February 15, 2011, regular meeting minutes. All in favor. OPEN FORUM There were no public comments. CONSENT AGENDA 1. Resolution 2011 -34, directing payment of bills 2. Possible approval of waiver of garbage collection c 3. Resolution 2011 -35, approving the abatement of ce "; special sessments Councilmember Cook asked about the Xcel uti y bill for the y and the addendum and whether that was a monthly charg r. Hans the addendum is a combination of charges for various City facilities suc as S eation Center, lift stations, City Hall etc. Finance Director Harrison add Xcel', s m. erally a monthly bill. Councilmember Cook expressed , cern abo ount and wondered if there is anything that can be done to reduce the chars. Mr. Hansen noted the City has had an energy audit performed, with a number . Jchange implemented. Councilmember Polehna talke buildings. On a question possible s • Motion b Agenda. state mandated B3 report and state retrofitting of cki, Chief Gannaway responded that they are still looking at a f idling of squad cars. ncilmember Polehna, seconded by Councilmember Cook to approve the Consent Ayes: Councilm ers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None LIFT BRIDGE DISCUSSION Rachel Horn of Congresswoman Bachmann's office was present. She informed the Council that Rep. Bachmann's bill authorizing a four -lane bridge across the St. Croix was introduced in Congress earlier that day, with several co- sponsors, two from the Wisconsin side of the Page 5of13 City Council Meeting March 1, 2011 river. She noted there is no funding request in the bill and it does not change the river's protected status. Councilmember Roush asked if Congresswoman Bachmann was aware of the City's discussions regarding the lift bridge; and Ms. Horn responded in the affirmative, saying the Congresswoman's concern is that any legal action by the City not interfere with the bill that has been introduced and appears to be moving forward. City Attorney Magnuson indicated that he has researched possible closure of the lift bridge and that there appears to be three approac 'es: expansion of traffic on the bridge over time in violation of the Wild ai and pollution, impairment and destruction of a protected resource — downtown. He stated that all three of the approaches need expert en suggested suspending things at this time, but in the meantime cont engineering firm with national status that would be willing t pect said it appears that Congresswoman's Bachmann bill might be heard in the federal budget situation. Ms. Horn also asked that Bc inn's o City applies for a FEMA grant during the flooding for t °assistan gather the background data as suggested by City ; ttorne other action at this time. 1 action regarding afety approach, -c River Act, e a d the y. He interest Ms. Horn h the peering to ring a pu. PUBLIC HEARINGS 'depending on ice be notified if the It was consensus to n and hold off on any Case No. 2011 -02. This is the date and time, r a publfc hearing to consider a request from Craig Johnson for a resubdivision ofk4 a lot into, wo lots located at 1801 Market Drive in the BP -C, Business Park Commercial District and a variances related thereto. Notices were mailed to affected property own rss and p =bushed in the Stillwater Gazette on February 18, 2011. Community Development Direct blad reviewed the request. He explained that Super Valu has made a , for stores nationwide to split the grocery and gas station operations into different p celsTe said there would be no changes to the physical layout of the property, with t ease nts to provide access to the gas station. He noted the Planning Commiss,he s Public gearing and recommended approval with the two conditions as listed. Council er Cook asked about the reason for the request; City Attorney Magnuson said it appears Super Valt wants the option of selling the gas station operations to another entity if it so chooses atysome point in the future. Councilmember Cook asked if this request would have an impact on the City if it were granted. Mr. Turnblad said land use is generally not associated with ownership and if there are no changes physically, a change in ownership shouldn't be of concern to the City. On a question by Councilmember Roush, Mr. Turnblad said the new parcel meets minimum lot size requirements and is also part of a PUD. Page 6 of 13 City Council Meeting March 1, 2011 Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Resolution 2011 -36, approving the final plat for Stillwater Marketplace 5th Addition. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Case No. 2011 -03. This is the date and time for a public hearing to c Robert Kaufman and Roger Nelson for a Comprehensive Plan Amendm Amendment for the properties located at 1754 and 1650 Washington Av! Business Park Industrial District and any variances related thereto. N affected property owners and published in the Stillwater Gazette on Feb 18, 201 er a request from d Zoning Map in the BP -I, ailed to Mr. Turnblad reviewed the request. He noted the Pla approval as it found the requested rezoning is consist compatible with the neighborhood and surrounding uses. granted a special use permit, contingent on the Council' that while the property is currently zoned industri so the rezoning is consistent with the way the property is actual commends ndards and is lanning Commission urnblad pointed out commercial in nature Councilmember Cook expressed concern, abou referred to the earlier discussion about mic dev the Recreation Center, which is w st "o i u, • rope parcels will both be rezoned to P and Op He also noted that two other adjacent properties/ the block in question that iurrentl > zoned in' industrial in the block n' E there are a number of . arcels i industrial use. Mayor Harycki d the public hearing. No comments were received, and the hearing was closed ndustrially -zoned property, and nt. Mr. Turnblad pointed out that and the property adjacent to these during the upcoming rezoning project, e both used commercially, so everything in ustrial will be phased out; he said having no ent complex makes sense. Mr. Turnblad pointed out tore land use map available for manufacturing/light Motion uncilmember Polehna, seconded by Councilmember Roush to adopt Resolution 2011 -37, ap g a comprehensive plan land use map amendment changing the future land use for property lo on Washington Avenue from Industrial to Commercial and approving the first reading of the esolution for the rezoning. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Page 7 of 13 City Council Meeting UNFINISHED BUSINESS March 1, 2011 Consider recommendation by the Downtown Parking Commission regarding the parking fee for the Nature Valley Grand Prix event Mr. Turnblad reviewed the recommendation for parking fee, noting that the Council had previously approved the contract for the event, the 10th annual, contingent on the fee for reserving the two requested parking lots and on- street parking. He said the Parking Commission recommended following the adopted parking fee schedule ith a discount for on- street spots on Third Street, which would make the total fee $1,434 Hp; said staff would recommend charging one -half of that amount, $717, as this is the 10th year event and a parking fee has never been charged before. He noted that the Council has � option of negotiating the fee for contract events, such as the bike race. Lee Stylos, representing the race organizers, explained their o al course and y direct people to the parking ramp, providing revenue for th liep ohe'parking fee. Councilmember Cook stated that she would be agreeable it for,, year. She stated that ,,: the Special Event Task Force's charge was not parking is %�� /,,, ever the mission of the Special Event Task Force was to treat events consistently aid" equitably. It was not to Special Events Task Force and not generate re„ pe b tit to balance everything out and not penalize events but to be consistent as much as = " an. Mr. Turnblad stated that the Parking Commission looked at by balancing t books and the based on what it takes for maintaining the parking and realized,that i1 coup negotiate those fees. Mayor Harycki said he would be lling to t I its option for a year if there is a strong, coordinated effort to direct,( ople to ramp, suggesting this might get folks in the habit of heir proposed directional signage to direct people to using the /�� the ramp. Councilmemberfolelfa suggested posting information on the race web site regarding parking. Mayor ycki no h ce is on Sunday when fees generally are not charged until noon; he sutr . -d the possibility of changing that for this event; Mr. Turnblad noted that parking is free u .m. but people will be charged if they leave after 1 p.m. Councilmemb �' oush said people should be made aware that the parking in the ramp is not free; Mr. Stylos said they could add that to their signage and information on the web site. Motion by Councilmember Cook, seconded by Councilmember Menikheim, moved to accept the option in lieu of the parking fees. All in favor. Page 8 of 13 City Council Meeting Consider a .. rovin an a March 1, 2011 reement between the Cit and Chuck Dou ' he for ac . uisition of private property needed for the Pedestrian Walkway City Attorney Magnuson reviewed the proposed contract, noting there are just two changes from the preliminary terms as discussed at the last meeting: a provision that the owner is responsible for environmental monitoring and cleanup should any contaminants be found during the parking lot improvements, and the elimination of the provision regarding straightening out the right -of -way of Myrtle Street to conform to the .. acement of the curbs as discussed at the 4:30 p.m. session. He said with those changes'- ould recommend Council approval of the agreement. Councilmember Polehna asked about timelines, specifically a timefr g the garbage enclosure. Mr. Turnblad said there is no timeline given, bu oted that pis fall, the City hopes to construct on the area where the trash enclosures a ated; he noted that if Mr. Dougherty hasn't finished his own trash enc oval for an enclosure in a new location, he will have to store the tras which make it in his best interest to have the new enclosures constructed by th Mr. Magnuson spoke of upcoming decisions t deadlines on this aspect of the agreement. Councilmember Cook said she would be votin this is an issue that should have been ad seed in t difficult to impose of the trash enclosure issue, as Motion by Councilmember Rous seconder a 4Councilmember Menikheim to adopt Resolution 2011 -38, approving an aFement wi the St. Croix Preservation Company for acquisition of private property r the Pe/ strian Walkway Ayes: Councilmembers Memkheirn a, Roush and Mayor Harycki Nays: Councilmember Discussion on support ytf Sunda off- -Sale legislation tuber 1. 4� r�'he has asked that the Council consider approve sending a letter legislature in support of legislation allowing Sunday off-sale liquor. He noted that ta's Border States allow Sunday sales and also noted Sunday sales would be store owner. Councilmember Roush also pointed out that Stillwater is current law as it is a border community. Counc to the, all of optional, u impacted by t Police Chief Gannaway said he was ambiguous about the proposal and said he wasn't sure how dramatic an impact a change in the law might have. Councilmember Menikheim said he wasn't sure if this was constituent driven or Council driven. Page 9 of 13 City Council Meeting March 1, 2011 Councilmembers Polehna and Cook said they had heard no comments on this issue. Motion by Councilmember Roush, seconded by Mayor Harycki, moved to send a letter to state legislators in support of House File No.375. After discussion, motion by Councilmember Polehna, seconded by Councilmember Cook moved to table pending action at the legislature. NEW BUSINESS Possible approval of an equipment upgrade for the municipal parking ramp /% Mr. Turnblad reviewed the request, noting that when the City purchased or the parking ramp, it selected entry level equipment that could be easily u t 9, ded. Aft ` °a year of customers are familiar with at other ramps, so customer operation, the City has learned that its equipment is not stand d as c� ��� �� °equipment confused, Mich has led to numerous problems, including equipment damage and 1 • s custo -rs. He also said this system is difficult and time - consuming for staff to con r e the ®i ipment. He said the Parking Commission is recommending two upg card reader and entry ticket dispensers; cost of the recommended up& ades is $38,1 , e said, that would be paid through the Parking Enterprise Ft, Mayor if there would be any salvage value to the equipment being replaced, Mr. Turn . said that is possible as the equipment is not old and said staff would check into ppossibility.. Councilmember Roush asked if there is any used equipment that the Crt coup' y y,,, phase rather than new; Mr. Turnblad said that possibility could be looked at asi, ell City Administrator Hansen spoke in favor of the requested purchase. Councilmember Vlenikhei referred to the savings in staff time that will be realized. Motion by Councilmember Mem® seconded by Councilmember Polehna, to adopt Resolution 2011-39A zing purchase of entry ticket dispensers for the municipal parking ramp and Resoluti 20 398 authorizing purchase of proximity card reader system for the municipal parking r Ayes: Co nelmemb Nays: C member Roush enikheim, Polehna and Mayor Harycki Possible appro request by Stillwater Family Dental to lease eight parking spaces in the parking ramp lot Mr. Turnblad reviewed the request, noting that Stillwater Family Dental specializes in providing services for handicapped clients and would like to lease eight spaces in the ramp surface lot to serve the needs of those clients. Mr. Turnblad reviewed current use of the spaces in question and said the use shouldn't significantly impact current users. He said the Parking Commission is recommending that the spaces be leased at the same rate as spaces in uncovered portions of the ramp, $10 per month, for a total of $960 annually. He noted that Page 10 of 13 City Council Meeting March 1, 2011 the spaces would be used during business hours only and would be available for public parking during large events. Councilmember Polehna questioned why the request isn't for handicapped spaces, rather than leasing eight spaces. Mr. Turnblad noted that often a family member drives a handicapped person to the office, so designated handicapped spaces would not achieve the requested spaces. Councilmember Cook expressed concern about the proposed fee, suggesting that $10 per month is excessively low. Motion by Councilmember Menikheim, seconded by Mayor Harycki to prove the requested lease of eight parking spaces in the parking ramp by Stillwater Family De There was discussion of the current number of reserved spaces and con paces and the current fees. City Administrator Hansen pointed out that when rates set, the Council wanted to keep fees low to get people accustomed to using a ramp he =d that rates could be increased at any time in the future, should the Counci member Polehna noted that several requests for reserved spaces have m - , toy ® °fin the past. Mr. Hansen pointed out that in negotiations for the 1 ramp; Trinity Lutheran Church and Lowell Inn were told they could co t t" publ parking toward their parking requirements for their buildings. Councilmem Roush ed the Council just approved an expenditure to upgrade the parking ra syst businesses to validate their customers' parking and suggested that n system be u zed rather than leasing the spots. Mayor Harycki pointed out m; spots in e .lready free parking, not within the ramp gates, and not generating any re enue. may: Ayes: Councilmember Menikheim and May Nays: Councilmembers Cook, Poleh = and Rou Mayor Harycki asked about 'fa cons ction crane parking near the spaces in question and asked Mr. Turnblad to low t ,r that is allowable. Possible approval to r r or- Chief Gannawar be utilized Cook more hours fo coordinate City might be -Time Police Officer position request. He noted this is a licensed, sworn position and would ams, such as a volunteer reserve program. Councilmember about whether there is flexibility to perhaps allow this person to work during the summer. Mr. Hansen pointed out that there are two issues related to time employees, PERA and union protection qualification; he said he would with Chief Gannaway if approved. There was discussion as to whether the Ale for an unemployment claim. Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the request as presented. All in favor. Page 11 of 13 City Council Meeting Possible approval of resolution declaring a State of Emergency March 1, 2011 Chief Gannaway informed the Council that this resolution is the formal resolution recommended by emergency managers and FEMA and must be approved by a full Council. He noted there is no ending date included in the resolution. Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Resolution 2011 -40, resolution declaring a State of Emergency. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Har Nays: None Possible appointment to Downtown Parking Commission City Clerk Ward reviewed the recommendation of the Downt ;y, ' A rk and Council Representative. Motion by Councilmember Cook, seconded by Councilme 2011 -41, approving the appointment of Gerald Commission. Ayes: Councilmembers Cook, Menikheim, Polehn Nays: None COUNCIL REQUEST ITEMS j ssion Chair to adopt Resolution Downtown Parking /Mayor Harycki Councilmember Cook refe ed to a ,quest to do a study on the possibility of establishing a Designated Historic Pre e str ct that had been removed from the agenda due to lack of funding. She said the impetu e request is the state of many of the City's historic homes and finding o chanism to protect that legacy. She wondered if the TIF funding ,y, could be used fir this dy.�ity Administrator Hansen said he would ask Mr. Magnuson to put together a list oIwhat is and what is not a TIF- eligible expenditure. Mayor H. i it would like the HPC to attend a Council meeting for a discussion on such issu Counciliti er Menikheim told the Council that General Kelley and a number of other National Cis presentatives have agreed to come out and speak to neighbors of the proposed arm y site later in the week. Mayor Harycki said he would be attending the meeting along with Councilmember Menikheim. Mayor Harycki said during the meeting with downtown merchants regarding flood preparations, there was a question as to what is planned for parking during the flood, both for patrons and employees. He said the feeling was that if parking is restricted, the City should open up the ramp without charge. Mr. Turnblad said the requests received would likely drive the number of spaces that would have to be reserved in the ramp beyond what the City can Page 12 of 13 City Council Meeting March 1, 2011 provide and still honor existing contracts for spaces. Mr. Turnblad said staff has suggested that the City sell vouchers at $1 each, first come -first serve, which would still allow the City to honor its existing contract parking. After discussion, Mayor Harycki said the important thing is that staff is trying to accommodate the concerns. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Roush moved to adjourn at 8:55 p.m. All in favor. ATTEST: Diane F. Ward, City Clerk Ken Harycki, Mayor Resolution 2011 -34, directing payment of bill Resolution 2011 -35, approving the abatem Resolution 2011 -36, approvinge final pl Resolution 2011 -37, approving a com changing the future land use for pro to Commercial Resolution 2011 -38, approvi for acquisition of private proper; for the Pe Resolution 2011- 39A,'thoriziripurchas ,,, of certain sped ' assessments r Marketplace 5th Addition d use map amendment hington Avenue from Industrial rehe "plan 1 located n. a parking ramp Resolution 2011 -39B, autho municipal park Resolution 201 Resolution Parki o ih the St. Croix Preservation Company trian Walkway of entry ticket dispensers for the municipal rchase of proximity card reader system for the resolution declaring a State of Emergency 1, app ving the appointment of Gerald Helmberger to the Downtown sion Page 13 of 13 RESOLUTION 2010 -165 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 $128,447.31 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 26th day of October, 2010. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk LIST OF BILLS EXHIBIT "A" TO RESOLUTION #2011 -42 10,000 Lakes Chapter of ICC Ace Hardware Action Rental, Inc. Aramark Uniform Services Armor Security Inc. Aspen Mills Association of Training B &B Products /Rigs and Squads Ballis Tom Becker Arena Products Bixby Portable Toilet Service Board of Water Commissioner Brady, Doug Briggs and Morgan, P.A. Bruchu Brian Burnsville Police Department Campion, Barrow & Associates Carquest Auto Parts CATCO Parts and Service CDW Government, Inc. Chemsearch Clark,Luann Daly, John Freight House Dell Marketing L.P. Flexible Pipe Tool Co. Frontier Ag & Turf Gartner Restaurant Holdings LLC Halaska, Joe Heritage Printing, Inc. Holiday Credit Office Hotsy Equipment of Minnesota Ice Skating Institute Iceman Industries, Inc. Lake Elmo Oil, Inc League of MN Cities Insurance Trust (0049) Menards Metropolitan Council Metropolitan Mechanical Contractors, Inc. MN Pollution Control Agency MTI Distributing Needels Supply, Inc. NEOPOST North American Salt Co. Office Depot 2011 Seminar 2009 MN Plumbing Code Supplies Concrete Electric Vibrator Uniforms, Mats, Towels & Mops Monitoring Service 4/1- 6/30/11 Uniforms Investigating Internet Related Criminal Repaired Strobes Reimburse for Wristbands for Flood Volun Temper Glass for Rink Unit Rental Hydrant Repair on Hwy 95 Reimburse Mileage Professional Services TIF 10 Reimburse for Paint Purchased CSI Registration LeMoine and Crayne Daniel Young Equipment Repair Supplies Equipment Repair Supplies Computer Equipment & Supplies Brake Job aerosol and yield aerosol Cleaning Public Works & City Hall Refund SUP Application 2011 -07 Equipment Supplies Enz Replacement Ceramic Insert Graphite Concession Supplies Health Care Provider Refresher Window Envelopes Fuel for Skid Loader Bulk Sodium Metasillicate Skater Memberships Salt treatment Fuel 2nd Installment Workers Comp,Municipality Repair Supplies April 2011 Wastewater Charge Boiler Repair Stillwater Stage 3 Flood Equipment Repair Supplies Caster for Mop Bucket Supplies for Postage Machine Salt, Sand Office Supplies 85.00 325.16 39.54 942.38 89.78 502.99 100.00 180.00 57.01 903.03 154.02 293.64 81.60 1,750.00 96.94 1,300.00 390.00 145.44 797.79 4,606.74 478.21 1,057.50 500.00 141.71 68.23 47.89 9,714.35 330.00 218.72 407.96 506.64 52.00 1,977.19 177.22 104,705.50 216.57 119,240.94 1,755.01 2,437.50 111.81 20.79 222.77 22,898.07 475.41 EXHIBIT "A" TO RESOLUTION #2011 -42 Page 2 Papco, Inc. Pioneer Manufacturing Co. Pogge Michel Pump & Meter Service, Inc. R & R Specialties RiedelI Shoes, Inc. Sanders, Wacker, Bergly Inc. Sirchie Finger Print Lab, Inc. Stillwater Collision & Restoration Stillwater Medical Group Stillwater Motor Company Stillwater Towing Streicher's Sun Newspapers SW /WC Service Cooperatives Sykes Kyle A T- Mobile The Sandbagger Corporation Toll Gas & Welding Supply Tri State Bobcat, Inc. Unique Paving Materials, Inc. US Bank Corporate Trust Svcs Washington County Surveyor Yocum Oil Company Zack's Inc. Zayo Enterprise Networks,LLC Ziegler, Inc. LIBRARY Ace Hardware Aramark Baker & Taylor Continuation BWI Bornt, Rich Brodart Budget Lighting Hansen,Ann Henry, Marvin Mid Amerca Business Systems Midwest Tapes Minnesota Library Association N.A.D.A. Quill Xcel Energy Idler Assembly Field Turf Paint Reimburse Expenses Hose and meter for flood pumps Equipment Repair Supplies Skates for Resale Pedestrian Walkway Supplies for Evidence Room Repair Vehicle Flu Vaccine, Single comb Immunization Vehicle Repair Charges Towing Vehicles Holster Paddle Publications Health Insurance Cobra & Retiree Ins. Reimburse for Cell Phone Battery Cell Phone Sandbags Cylinder /Demurrage Equipment Repair Supplies Asphalt Paying Agent Fees Surveying Supplies Fuel Shovels for Flood Telephone Equipment Repair Supplies Janitorial Supplies Rug & Towel Service Library Materials Library Materials Minor Equipment Library Materials Light Bulbs Supplies Reimburse for Tire Repair Microform Reader Supplies AV Materials MILE Conference Fee Reference Subscription Office Supplies Utilities 146.26 485.70 19.71 324.27 1,112.94 203.26 6,035.00 392.69 2,832.80 55.00 239.06 320.64 47.75 148.42 56,033.08 35.34 27.77 6,782.00 18.42 97.24 448.78 5,726.88 13.36 5,859.10 339.00 568.75 1,197.92 9.46 73.66 69.38 691.70 44.97 1,199.29 169.27 20.35 28.56 236.08 212.65 285.00 90.00 91.68 4,488.08 EXHIBIT "A" TO RESOLUTION #2011 -42 Page 3 ADDENDUM Bornt, Rich CDW Government Emergency Sery Consulting, Inc. IAFC Int Association of Fire Chiefs Loffler Magnuson Law Firm Natural Resource Group Paulson & Clark Engineering, Inc. Performance Plus LLC Qwest Trans Union LLC Verizon Wireless WS & D Permit Service Xcel EXHIBIT "A" TO RESOLUTION #2011 -42 Adopted by the City Council this 15th Day of March, 2011 Reimburse for Purchase for Police Dept Computer Equipment Feasibility Study for Shared or Co -op Services Membership Repair Voice Mail System Professional Service Environmental Consulting Systems Designer /Drafter - Parking Ramp Mask Fit Telephone Professional Service CeII Phone Internet Refund Permit 2011 -00068 Electricity,Gas 299.94 6,164.33 3,729.60 254.00 250.00 10,501.83 846.25 1,975.00 25.00 858.90 17.42 50.36 37.05 33,460.32 TOTAL 436,294.32 Carol Danielson From: Lisa Nelson Lee [evangelisa @yahoo.com] Sent: Monday, March 14, 2011 7:56 PM To: Carol Danielson Subject: Fw: Don't hate me because I am beautiful. - -- On Sat, 3/12/11, Lisa Nelson Lee <evanRelisa(a,yahoo.com> wrote: From: Lisa Nelson Lee <evangelisaayahoo.com> Subject: Don't hate me because I am beautiful. To: esandin@acnpa_pers.com Date: Saturday, March 12, 2011, 3:21 PM - -- On Fri, 3/11/11, Lisa Nelson Lee <evan_ #e /isa(d yahoo.com> wrote: From: Lisa Nelson Lee <evangelisaavahoo.com> Subject: Sorry, this is a better version. To: lettersapioneerpress. com Date: Friday, March 11, 2011, 12:17 PM From: Lisa Nelson <evangelisatc'ryahoo.com> Subject: Bridge Proposal To: mdivineapioneeroress.com Date: Thursday, March 10, 2011, 12:37 PM To Whom it May Concern, The proposed Stillwater bridge should be scaled back to 2 lanes only. A hero polititian would come up with this idea to save "tax payers millions of tax dollars ". The lawyer who preaches the Gospel of "no new taxes ", failed to take her own medicine when she proposed the four lane bridge in a bill to congress. I hear the girl has a red "H" for hypocracy tatooed on her chest. I prefer to give my neighbor the benefit of the doubt, and hope that it is really a red "I" for idiocy. The unheard of "secret benefits" of a "scaled back- slowed down ", new bridge includes the following: 1- Preserves property values in Stillwater and surrounding areas. No one wants to listen to the noise created b) the friction of tires speeding along concrete at 60 mph, i.e. a freeway. 2- Sound carries better than anywhere else over water. This is especially true when the air is still. All vehicles will be coming to a secreting halt anyway at Stillwater's too many red lights. So- what's the rush? 3- Current plans would put a wet dish rag onto everyone's hot dream of making downtown Stillwater a tony, tiny Stockholm -like tourist destination. This would benefit absolutely everyone. 4- A two -lane bridge is much more likely to attract supporters due to the lessened impact upon the St.Croix River Valley. So, you have read the "secret benefits ". Now test your knowledge with the folowing multiple choice POP QUIZ. #1) If the current bridge plans are not corrected- 1 a: Property values on the "purple" side of the river decrease faster than you can skim a rock. b: Property values on the "green" side of the river win the Super Bowl. c: Stockholm will remain the cleanest and most beautiful city in the world. d: Sprawl will turn property values belly -up permanently. e: We will have traffic, like schools of fish. f: Stillwater and Bayport Police Departments get to fish for speeders. g: "Catch and release" would free Bachmann to blow bubbles out of her mouth once again. This "Who in Whoville" is screaming as loud as she can, to get the "powers that be ", to finally come to their senses. Please dear reader, scream as loud as you can to save Whoville from the above destructive forces before it is too late! Lisa Nelson Stillwater (651) 439 -0160 (651) 278 -2812 2 BROWN'S CREEK WATERSHED DISTRICT 1380 O E RD H I G H Y 6 ST ILLWAT N 5 5 0 8 2 651.275.1136 x26 [PHONE] 651.2 75.12 54 [ FAX ] WWW.BCWD.0RG 1. 2. 3. 4. 5. REGULAR MEETING OF THE BOARD OF MANAGERS Monday, March 14, 2011 at 6:30 PM Call Regular Meeting to order Approve Regular Meeting Agenda and Discussion Agenda Public Comments Regular Board Meeting will be held at the Washington Conservation District Offices in Valley Ridge Mall at 1380 West Frontage Road, Hwy 36, Stillwater, MN Approve Board Meeting minutes — February 14, 2011 Regular Meeting — Board Action Treasurer' s Report a) Review Authorized Funds Spreadsheet b) Permit Fee Statements Review c) Current Items Payable -Board Action 6. Permits a) BCWD Permit #10 -21 - Stone Arch Bridge —Board Action 7. Projects/Programs a) Stormwater Audit — Amy Carolan, WCD b) 2010 BMP Summary — Rusty Schmidt, WCD c) U of MN Springshed Study Results — John Barry, EOR d) Groundwater Update - John Barry, EOR e) Oak Glen — Brown's Creek Thermal Reduction — Board Action f) BMP Projects — Board Action g) CR 15 Infiltration Analysis — Board Action h) THPP — MAWD Presentation - Discussion 8. Old Business a) Joint meeting draft agenda b) BCWD Managers Tour — St. Anthony Falls Lab — Choose Date — Board Action 9. New Business a) DNR 2011 Stream Health & Restoration Workshops o The Ditching Dilemma Workshop — Board Action b) Protecting the St. Croix Conference — April 5, 2001 UW River Falls — Board Action 10. Discussion Agenda - No Action Required a) Administrator Updates Permit Updates DNR Flooding Seminar Lily, Long, McKusick TMDL SCC Signage & What's Blooming Tour b) Communications & Manager Reports o Legislative Update c) April 2011 BCWD Board Agenda — Please BMP Signage North Marketplace BMP Survey 2010 Audit Administrator Leave — March 18 -25 Note Meeting Date Change to Monday, April 18, 2011 11. Adjournment MANAGERS: CRAIG LEISER, PRESIDENT • RICK VANZWOL, VICE - PRESIDENT • GAIL PUNDSACK, VICE - PRESIDENT • GERALD JOHNSON, SECRETARY • CONNIE TAILLON, TREASURER ate 1N, NINtN ►L✓1 GF Of OINNEFFT✓1 AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street March 15, 2010 REGULAR MEETING 7:00 P.M. 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. Possible approval of the March 1, 2011 regular and recessed minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2. Swearing in of Officer Daniel Young 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. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Dev. Director 7. Public Wks Dir /City Engr. 8. Finance Dir. 9. City Attorney 10. City Administrator CONSENT AGENDA (Roll Call) 11. Resolution 2011 -42, directing payment of bills PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or less. 12. This is the date and time for the public hearing to consider the transfer of the On Sale and Sunday Liquor License from Stillwater Kitchens LLC, DBA: Kitchen in Stillwater to Shanghai Stillwater, LLC, DBA: Shanghai Bistro located at 324 Main Street S., Applicant: David Tank and Henry Chan. Notice was published in the Stillwater Gazette on March 3, 2011. (Resolution — Roll Call) 13. This is the date and time for the public hearing on the 2011 Street Improvement Project. Notices were mailed to affected property owners and published in the Stillwater Gazette on February 25th and March 4th, 2011. (Resolution — Roll CaII) UNFINISHED BUSINESS 1. Request for reconsideration by Stillwater Family Dental to lease eight parking spaces in the parking ramp lot (Resolution — Roll Call) 2. Possible approval of second reading of Ordinance 1027, An Ordinance Amending The Stillwater City Code, Section 31 -1, Subdivision 5 Entitled Establishment Of Districts (Kaufman — Nelson at 1754 and 1650 Washington Avenue )(Ordinance -Roll CaII) 3. Discussion of Downtown Pedestrian Walkway concept plans NEW BUSINESS 4. Possible adoption of resolution supporting construction of the St. Croix River Crossing Bridge (Resolution — Roll CaII) 5. Possible accepting of bids and awarding contract for Sewer Lining Project (Resolution — Roll Call) 6. Possible approval of resolution approving the updated 2011 Emergency Operations Plan for the City Of Stillwater (Resolution — Roll CaII) 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. er TOT IIIATOPLACE Of MINNESOTA CITY COUNCIL MINUTES March 1, 2011 REGULAR MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Cook, Menikheim, Polehna, and Mayor Harycki Absent: Councilmember Roush Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward OTHER BUSINESS Workshop on TIF projects and financing City Administrator Hansen reviewed his memo regarding possible use of TIF revenue. He indicated that staff had met with the City's bond counsel, Mary Ippel, on February 18 that resulted in some very positive news. Specifically, he pointed out that even though TIF District 1 ends on December 31, 2011, funds can be expended after that date as long as the City follows the funding plan and the funds are spent on eligible expenditures. He noted the state Auditor's Office likely would exert pressure on the City if the funds are not spent in a timely manner; also, City staff is recommending a very conservative approach in areas where it might be questionable as to whether an expenditure is TIF - eligible. Mr. Hansen added that the City can use revenues from TIF District 1 for the parking ramp, even though the ramp is located in TIF District 10; and that he is recommending up to three years of parking ramp payments be made from TIF District 1 funds, which would build a cushion in TIF District 10, so no general revenue public tax dollars ever have to be expended on the ramp. Mr. Hansen then referred to City Planner Pogge's memo regarding possible projects and expressed that the only recommendation he did not support was expanding the district to include the entire City, which could cause some problems and definitely would raise some questions at the state Auditor's Office. Mr. Hansen explained that this issue would be brought back to Council in the near future when staff has prepared a recommended amended funding plan. Councilmember Cook stated that she thought a list of projects would be presented at this time and she was unclear what is eligible for TIF funding. City Attorney Magnuson responded City Council Meeting March 1, 2011 that TIF cannot be used to fund the general business of a municipality or to build city halls or parks; and that in general, utilities, streets and sidewalks are eligible expenditures. Mr. Hansen replied that the funding plan would provide the Council with flexibility regarding project funding. Kurt Klitzke, 420 Linden St. W., and owner of InnovaGraft Biologics at 1815 Greeley St. S., suggested the availability of this funding source presents an opportunity for the City. He spoke of his recent experience appearing before the Heritage Preservation Commission, where the Commission heard a demolition request dealing with a vacant, older home. He had observed during the recent City election, several candidates ran on the issue of economic development, and he suggested that the view of economic development as being downtown - oriented is myopic — it should include the entire City. He indicated that, currently, nothing is being done to attract any jobs from big employers into the City. He suggested exploring the idea of providing seed money for the formation of a redevelopment authority which could address a lot of the problems downtown and the business /industrial park, as well as the problems of vacant, older homes. Councilmember Polehna pointed out that staff was working on economic development issues. Mr. Hansen reported that staff has been working with several developers about possible projects and that part of the programs proposed by Mr. Pogge and Mr. Turnblad can help bring those projects about. Mr. Hansen added that staff is trying to provide the tools that will enable the City to bring a project to fruition should the Council deem that project of benefit to the City. Mr. Magnuson pointed out the Council already has all the powers of a Housing and Development Authority, an Economic Authority and a Municipal Development District under state statute; and that he did not think it necessary to create a new entity or separate level of government to accomplish the same purpose. Councilmember Cook offered that the Council may have the authority, but perhaps does not have the expertise required. Mr. Klitzke indicated that he was talking about a concerted redevelopment effort on things that need redeveloping — homes, businesses, downtown — not just the authority to expend funds on a certain project; he talked about recruiting efforts. Councilmember Menikheim spoke of being creative and innovative in approaching this issue. Mayor Harycki stated that he liked the idea of a City -wide approach, rather than a focused approach on downtown, noting that while the downtown is important and helps define the City's image, other areas of the City cannot be ignored. Mr. Klitzke suggested it would not require a lot of money to get this started and that he would be happy to make phone calls to possible resource people. Washington County Commissioner Gary Kriesel reported that the County is taking a more active role in economic development for the region; he suggested that the City have a presentation by the Itasca Group, and said he would provide their contact information. Page 2 of 13 City Council Meeting March 1, 2011 Mayor Harycki expressed that he would like more information about the benefits or drawbacks of establishing some type of economic development /redevelopment authority. Community Development Director Turnblad answered that there is no mystery regarding the formation of an economic development authority, the question is one of funding and finding the right person to have ownership of long -term commitment to economic development. Mr. Turnblad pointed out that at this point, the City cannot afford to hire a full -time economic development coordinator; and that other options require a lot of private involvement. After additional discussion, it was agreed to schedule a presentation by the Itasca Group. Mr. Klitzke volunteered to contact other resources in the community and report back to the Council on interest in participation and possible levels of participation. STAFF REPORTS Police Chief Gannaway provided an update on flood planning, noting that the state has indicated its support in that area. He reported that meetings have been held with downtown business owners regarding planning efforts and possible outcomes. Regarding the police department, he indicated that he is finishing hiring the positions approved by Council. Fire Chief Glaser reported that the airboat has been deployed twice in the last two weeks -- at an incident north of the City and another on a mutual -aid call to Forest Lake. He also noted there was a recent serious fire at an apartment complex on Greeley Street South, with Bayport responding on mutual -aid; and that the fire was contained to one unit and there were no injuries. He added that the Red Cross was contacted to assist residents. Chief Glaser indicated that data collection has begun for the shared services study, with a site visit scheduled for April 19 -20. He also noted the department is continuing to participate in flood preparation efforts. Councilmember Menikheim suggested the City needs to make residents aware of what is being done during incidents such as the air boat rescues and the apartment fire. Community Development Director Turnblad explained to the Council that the parking ramp surveillance cameras are operational. He also updated the Council on the rezoning project, noting that there have already been over 1800 hits on the web site. He informed them that neighborhood meetings are scheduled for March 8 at the Margaret Rivers Room of the library for North Hill residents, March 10 at Stillwater Junior High for the South Hill and southeast area residents, and March 22 at Rutherford Elementary for the western portions of the City. Councilmember Cook expressed appreciation for the web site and spoke of the savings in staff time as the result of folks using that resource. Public Works Director Sanders stated that quotes had been received for the fill materials for the flood control sandbags, with the low bid submitted by Raleigh Trucking. He noted that the department has been working with Community Thread for the organization of volunteer efforts; and that there is a link on the web site for volunteering. He pointed out that they are anticipating two to three weeks of sandbagging. He provided information regarding the Page 3 of 13 City Council Meeting March 1, 2011 closing of the Plymouth Avenue Bridge in Minneapolis as requested by Councilmember Cook. He noted that at the most recent Parks and Recreation Commission, the Commission recommended approval of a private resident's donation of several benches for the Lake McKusick trail. Motion by Councilmember Polehna, seconded by Councilmember Cook, to accept the benches to be placed on the Lake McKusick trail as recommend by the Parks Commission. All in favor. Councilmember Menikheim commended Mr. Sanders for his recent presentation at a Lions Club meeting. Finance Director Harrison informed the Council that the auditors will be at City Hall doing preliminary audit work for several days during the week following the Council meeting. She stated that the main audit will take place during the first week in April, and that it is possible Councilmembers may be contacted during that time. City Attorney Magnuson referred to the proposed agreement with the owner of the Water Street Inn. He indicated that when the agreement was put together, staff noticed that the curb on Myrtle Street on both the hotel and parking lot side is on Mr. Dougherty' s property by about 3', so an easement was added to the agreement. However, Mr. Dougherty was not amenable to providing the easement; he noted that the City has used the property and maintained it publically for many years, so it would be a prescriptive easement regardless of Mr. Dougherty action. He suggested the development agreement shouldn't be derailed over this issue. He also noted that language was added to the agreement that should hazardous materials be discovered during improvement to the parking lot, it will be the owner's responsibility, not the City's, to do any necessary remediation efforts. The meeting was recessed at 5:47 p.m. RECESSED MEETING Mayor Harycki called the recessed meeting to order at 7 p.m. Present: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward Page 4 of 13 7:00 PM City Council Meeting March 1, 2011 PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve the February 15, 2011, regular meeting minutes. All in favor. OPEN FORUM There were no public comments. CONSENT AGENDA 1. Resolution 2011 -34, directing payment of bills 2. Possible approval of waiver of garbage collection charges 3. Resolution 2011 -35, approving the abatement of certain special assessments Councilmember Cook asked about the Xcel utility bill for the Library and the addendum and whether that was a monthly charge. Mr. Hansen replied that the addendum is a combination of charges for various City facilities such as St. Croix Recreation Center, lift stations, City Hall etc. Finance Director Harrison added that Xcel's is generally a monthly bill. Councilmember Cook expressed concern about the amount and wondered if there is anything that can be done to reduce the charges. Mr. Hansen noted the City has had an energy audit performed, with a number of changes implemented. Councilmember Polehna talked of the state mandated B3 report and state retrofitting of buildings. On a question by Mayor Harycki, Chief Gannaway responded that they are still looking at a possible solution to the issue of idling of squad cars. Motion by Councilmember Polehna, seconded by Councilmember Cook to approve the Consent Agenda. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None LIFT BRIDGE DISCUSSION Rachel Horn of Congresswoman Bachmann's office was present. She informed the Council that Rep. Bachmann's bill authorizing a four -lane bridge across the St. Croix was introduced in Congress earlier that day, with several co- sponsors, two from the Wisconsin side of the Page 5 of 13 City Council Meeting March 1, 2011 river. She noted there is no funding request in the bill and it does not change the river's protected status. Councilmember Roush asked if Congresswoman Bachmann was aware of the City's discussions regarding the lift bridge; and Ms. Horn responded in the affirmative, saying the Congresswoman's concern is that any legal action by the City not interfere with the bill that has been introduced and appears to be moving forward. City Attorney Magnuson indicated that he has researched possible legal action regarding closure of the lift bridge and that there appears to be three approaches: the safety approach, expansion of traffic on the bridge over time in violation of the Wild and Scenic River Act, and pollution, impairment and destruction of a protected resource — both the bridge and the downtown. He stated that all three of the approaches need expert engineering testimony. He suggested suspending things at this time, but in the meantime contacting a public interest engineering firm with national status that would be willing to inspect the bridge. Ms. Horn said it appears that Congresswoman's Bachmann bill might be heard in April, depending on the federal budget situation. Ms. Horn also asked that Bachmann's office be notified if the City applies for a FEMA grant during the flooding for their assistance. It was consensus to gather the background data as suggested by City Attorney Magnuson and hold off on any other action at this time. PUBLIC HEARINGS Case No. 2011 -02. This is the date and time for a public hearing to consider a request from Craig Johnson for a resubdivision of one lot into two lots located at 1801 Market Drive in the BP -C, Business Park Commercial District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on February 18, 2011. Community Development Director Turnblad reviewed the request. He explained that Super Valu has made a decision for stores nationwide to split the grocery and gas station operations into different parcels. He said there would be no changes to the physical layout of the property, with blanket easements to provide access to the gas station. He noted the Planning Commission held a public hearing and recommended approval with the two conditions as listed. Councilmember Cook asked about the reason for the request; City Attorney Magnuson said it appears Super Valu wants the option of selling the gas station operations to another entity if it so chooses at some point in the future. Mr. Turnblad said land use is generally not associated with ownership and if there are no changes physically, a change in ownership shouldn't be of concern to the City. On a question by Councilmember Roush, Mr. Turnblad said the new parcel meets minimum lot size requirements and is also part of a PUD. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Resolution 2011 -36, approving the final plat for Stillwater Marketplace 5th Addition. Page 6 of 13 City Council Meeting March 1, 2011 Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Case No. 2011 -03. This is the date and time for a public hearing to consider a request from Robert Kaufman and Roger Nelson for a Comprehensive Plan Amendment and Zoning Map Amendment for the properties located at 1754 and 1650 Washington Avenue in the BP -I, Business Park Industrial District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on February 18, 2011. Mr. Turnblad reviewed the request. He noted the Planning Commission recommends approval as it found the requested rezoning is consistent with zoning standards and is compatible with the neighborhood and surrounding uses. He said the Planning Commission granted a special use permit, contingent on the Council's action. Mr. Turnblad pointed out that while the property is currently zoned industrial, the actual uses are commercial in nature so the rezoning is consistent with the way the property is actually being used. Councilmember Cook expressed concern about the loss of industrially -zoned property, and referred to the earlier discussion about economic development. Mr. Turnblad pointed out that the Recreation Center, which is west of this property, and the property adjacent to these parcels will both be rezoned to Park and Open Space during the upcoming rezoning project, He also noted that two other adjacent properties are both used commercially, so everything in the block in question that is currently zoned industrial will be phased out; he said having no industrial in the block next to an apartment complex makes sense. Mr. Turnblad pointed out there are a number of parcels in the future land use map available for manufacturing/light industrial use. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Resolution 2011 -37, approving a comprehensive plan land use map amendment changing the future land use for property located on Washington Avenue from Industrial to Commercial and approving the first reading of the resolution for the rezoning. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None UNFINISHED BUSINESS Consider recommendation by the Downtown Parking Commission regarding the parking fee for the Nature Valley Grand Prix event Mr. Turnblad reviewed the recommendation for parking fee, noting that the Council had previously approved the contract for the event, the 10th annual, contingent on the fee for reserving the two requested parking lots and on- street parking. He said the Parking Page 7 of 13 City Council Meeting March 1, 2011 Commission recommended following the adopted parking fee schedule, with a discount for on- street spots on Third Street, which would make the total fee $1,434. He said staff would recommend charging one -half of that amount, $717, as this is the 10th year of the event and a parking fee has never been charged before. He noted that the Council has the option of negotiating the fee for contract events, such as the bike race. Lee Stylos, representing the race organizers, explained their proposal to sign the course and direct people to the parking ramp, providing revenue for the City, in lieu of the parking fee. Mayor Harycki said he would be willing to try this option for a year if there is a strong, coordinated effort to direct people to the ramp, suggesting this might get folks in the habit of using the ramp. Mr. Stylos explained their proposed directional signage to direct people to the ramp. Councilmember Polehna suggested posting information on the race web site regarding parking. Mayor Harycki noted the race is on Sunday when fees generally are not charged until noon; he suggested the possibility of changing that for this event; Mr. Turnblad noted that parking is free until 1 p.m. but people will be charged if they leave after 1 p.m. Councilmember Roush said people should be made aware that the parking in the ramp is not free; Mr. Stylos said they could add that to their signage and information on the web site. Motion by Councilmember Cook, seconded by Councilmember Menikheim, moved to accept the option in lieu of the parking fees. All in favor. Consider approving an agreement between the City and Chuck Dougherty for acquisition of private property needed for the Pedestrian Walkway City Attorney Magnuson reviewed the proposed contract, noting there are just two changes from the preliminary terms as discussed at the last meeting: a provision that the owner is responsible for environmental monitoring and cleanup should any contaminants be found during the parking lot improvements, and the elimination of the provision regarding straightening out the right -of -way of Myrtle Street to conform to the placement of the curbs as discussed at the 4:30 p.m. session. He said with those changes, he would recommend Council approval of the agreement. Councilmember Polehna asked about timelines, specifically a timeframe for constructing the garbage enclosure. Mr. Turnblad said there is no timeline given, but noted that by this fall, the City hopes to construct on the area where the trash enclosures are currently located; he noted that if Mr. Dougherty hasn't finished his own trash enclosure or gotten approval for an enclosure in a new location, he will have to store the trash inside, which will make it in his best interest to have the new enclosures constructed by that time. Page 8 of 13 City Council Meeting March 1, 2011 Mr. Magnuson spoke of upcoming decisions that he said make it difficult to impose deadlines on this aspect of the agreement. Councilmember Cook said she would be voting no because of the trash enclosure issue, as this is an issue that should have been addressed in the past. Motion by Councilmember Roush, seconded by Councilmember Menikheim to adopt Resolution 2011 -38, approving an agreement with the St. Croix Preservation Company for acquisition of private property for the Pedestrian Walkway Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki Nays: Councilmember Cook Discussion on support of Sunday Off -Sale legislation Councilmember Roush said he has asked that the Council consider approve sending a letter to the state legislature in support of legislation allowing Sunday off -sale liquor. He noted that all of Minnesota's Border States allow Sunday sales and also noted Sunday sales would be optional, up to the store owner. Councilmember Roush also pointed out that Stillwater is impacted by the current law as it is a border community. Police Chief Gannaway said he was ambiguous about the proposal and said he wasn't sure how dramatic an impact a change in the law might have. Councilmember Menikheim said he wasn't sure if this was constituent driven or Council driven. Councilmembers Polehna and Cook said they had heard no comments on this issue. Motion by Councilmember Roush, seconded by Mayor Harycki, moved to send a letter to state legislators in support of House File No.375. After discussion, motion by Councilmember Polehna, seconded by Councilmember Cook moved to table pending action at the legislature. NEW BUSINESS Possible approval of an equipment upgrade for the municipal parking ramp Mr. Turnblad reviewed the request, noting that when the City purchased equipment for the parking ramp, it selected entry level equipment that could be easily upgraded. After a year of operation, the City has learned that its equipment is not standard as compared to equipment customers are familiar with at other ramps, so customers get confused, which has led to numerous problems, including equipment damage and loss of customers. He also said this system is difficult and time - consuming for staff to configure the equipment. He said the Page 9 of 13 City Council Meeting March 1, 2011 Parking Commission is recommending two upgrades — a proximity card reader and entry ticket dispensers; cost of the recommended upgrades is $38,195, he said, that would be paid through the Parking Enterprise Fund. Mayor Harycki asked if there would be any salvage value to the equipment being replaced; Mr. Turnblad said that is possible as the equipment is not old and said staff would check into that possibility. Councilmember Roush asked if there is any used equipment that the City could purchase rather than new; Mr. Turnblad said that possibility could be looked at as well. City Administrator Hansen spoke in favor of the requested purchase. Councilmember Menikheim referred to the savings in staff time that will be realized. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution 2011 -39A, authorizing purchase of entry ticket dispensers for the municipal parking ramp and Resolution 2011 -39B, authorizing purchase of proximity card reader system for the municipal parking ramp. Ayes: Councilmembers Cook, Menikheim, Polehna and Mayor Harycki Nays: Councilmember Roush Possible approval of a request by Stillwater Family Dental to lease eight parking spaces in the parking ramp lot Mr. Turnblad reviewed the request, noting that Stillwater Family Dental specializes in providing services for handicapped clients and would like to lease eight spaces in the ramp surface lot to serve the needs of those clients. Mr. Turnblad reviewed current use of the spaces in question and said the use shouldn't significantly impact current users. He said the Parking Commission is recommending that the spaces be leased at the same rate as spaces in uncovered portions of the ramp, $10 per month, for a total of $960 annually. He noted that the spaces would be used during business hours only and would be available for public parking during large events. Councilmember Polehna questioned why the request isn't for handicapped spaces, rather than leasing eight spaces. Mr. Turnblad noted that often a family member drives a handicapped person to the office, so designated handicapped spaces would not achieve the requested spaces. Councilmember Cook expressed concern about the proposed fee, suggesting that $10 per month is excessively low. Motion by Councilmember Menikheim, seconded by Mayor Harycki to approve the requested lease of eight parking spaces in the parking ramp by Stillwater Family Dental. There was discussion of the current number of reserved spaces and contract spaces and the current fees. City Administrator Hansen pointed out that when rates were initially set, the Council wanted to keep fees low to get people accustomed to using the ramp; he noted that rates could be increased at any time in the future, should the Council wish. Councilmember Polehna noted that several requests for reserved spaces have been turned down in the past. Mr. Hansen pointed out that in negotiations for the land for the parking ramp; Trinity Lutheran Church and Lowell Inn were told they could count this public parking toward their parking requirements for their buildings. Councilmember Roush noted the Council just Page 10 of 13 City Council Meeting March 1, 2011 approved an expenditure to upgrade the parking ramp system to allow businesses to validate their customers' parking and suggested that new system be utilized rather than leasing the spots. Mayor Harycki pointed out the spots in question are already free parking, not within the ramp gates, and not generating any revenue. Ayes: Councilmember Menikheim and Mayor Harycki Nays: Councilmembers Cook, Polehna and Roush Mayor Harycki asked about a construction crane parking near the spaces in question and asked Mr. Turnblad to look into whether that is allowable. Possible approval to re -hire Part-Time Police Officer position Chief Gannaway reviewed the request. He noted this is a licensed, sworn position and would be utilized to supervise programs, such as a volunteer reserve program. Councilmember Cook asked about hours and whether there is flexibility to perhaps allow this person to work more hours during the summer. Mr. Hansen pointed out that there are two issues related to hours for part-time employees, PERA and union protection qualification; he said he would coordinate hours with Chief Gannaway if approved. There was discussion as to whether the City might be liable for an unemployment claim. Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the request as presented. All in favor. Possible approval of resolution declaring a State of Emergency Chief Gannaway informed the Council that this resolution is the formal resolution recommended by emergency managers and FEMA and must be approved by a full Council. He noted there is no ending date included in the resolution. Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Resolution 2011 -40, resolution declaring a State of Emergency. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Possible appointment to Downtown Parking Commission City Clerk Ward reviewed the recommendation of the Downtown Parking Commission Chair and Council Representative. Motion by Councilmember Cook, seconded by Councilmember Polehna to adopt Resolution 2011 -41, approving the appointment of Gerald Helmberger to the Downtown Parking Commission. Page 11 of 13 City Council Meeting March 1, 2011 Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None COUNCIL REQUEST ITEMS Councilmember Cook referred to a request to do a study on the possibility of establishing a Designated Historic Preservation District that had been removed from the agenda due to lack of funding. She said the impetus for the request is the state of many of the City's historic homes and finding a mechanism to protect that legacy. She wondered if the TIF funding could be used for this study. City Administrator Hansen said he would ask Mr. Magnuson to put together a list of what is and what is not a TIF - eligible expenditure. Mayor Harycki said it would like the HPC to attend a Council meeting for a discussion on such issues. Councilmember Menikheim told the Council that General Kelley and a number of other National Guard representatives have agreed to come out and speak to neighbors of the proposed armory site later in the week. Mayor Harycki said he would be attending the meeting along with Councilmember Menikheim. Mayor Harycki said during the meeting with downtown merchants regarding flood preparations, there was a question as to what is planned for parking during the flood, both for patrons and employees. He said the feeling was that if parking is restricted, the City should open up the ramp without charge. Mr. Turnblad said the requests received would likely drive the number of spaces that would have to be reserved in the ramp beyond what the City can provide and still honor existing contracts for spaces. Mr. Turnblad said staff has suggested that the City sell vouchers at $1 each, first come -first serve, which would still allow the City to honor its existing contract parking. After discussion, Mayor Harycki said the important thing is that staff is trying to accommodate the concerns. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Roush, moved to adjourn at 8:55 p.m. All in favor. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2011 -34, directing payment of bills Resolution 2011 -35, approving the abatement of certain special assessments Resolution 2011 -36, approving the final plat for Stillwater Marketplace 5th Addition Page 12 of 13 City Council Meeting March 1, 2011 Resolution 2011 -37, approving a comprehensive plan land use map amendment changing the future land use for property located on Washington Avenue from Industrial to Commercial Resolution 2011 -38, approving an agreement with the St. Croix Preservation Company for acquisition of private property for the Pedestrian Walkway Resolution 2011 -39A, authorizing purchase of entry ticket dispensers for the municipal parking ramp Resolution 2011 -39B, authorizing purchase of proximity card-reader system for the municipal parking ramp. Resolution 2011 -40, resolution declaring a State of Emergency Resolution 2011 -41, approving the appointment of Gerald Helmberger to the Downtown Parking Commission Page 13 of 13 LIST OF BILLS EXHIBIT "A" TO RESOLUTION #2011 -42 10,000 Lakes Chapter of ICC Ace Hardware Action Rental, Inc. Aramark Uniform Services Armor Security Inc. Aspen Mills Association of Training B &B Products /Rigs and Squads Ballis Tom Becker Arena Products Bixby Portable Toilet Service Board of Water Commissioner Brady, Doug Briggs and Morgan, P.A. Bruchu Brian Burnsville Police Department Campion, Barrow & Associates Carquest Auto Parts CATCO Parts and Service CDW Government, Inc. Chemsearch Clark,Luann Daly, John Freight House Dell Marketing L.P. Flexible Pipe Tool Co. Frontier Ag & Turf Gartner Restaurant Holdings LLC Halaska, Joe Heritage Printing, Inc. Holiday Credit Office Hotsy Equipment of Minnesota Ice Skating Institute Iceman Industries, Inc. Lake Elmo Oil, Inc League of MN Cities Insurance Trust (0049) Menards Metropolitan Council Metropolitan Mechanical Contractors, Inc. MN Pollution Control Agency MTI Distributing Needels Supply, Inc. NEOPOST North American Salt Co. Office Depot 2011 Seminar 2009 MN Plumbing Code Supplies Concrete Electric Vibrator Uniforms, Mats, Towels & Mops Monitoring Service 4/1- 6/30/11 Uniforms Investigating Internet Related Criminal Repaired Strobes Reimburse for Wristbands for Flood Volun Temper Glass for Rink Unit Rental Hydrant Repair on Hwy 95 Reimburse Mileage Professional Services TIF 10 Reimburse for Paint Purchased CSI Registration LeMoine and Crayne Daniel Young Equipment Repair Supplies Equipment Repair Supplies Computer Equipment & Supplies Brake Job aerosol and yield aerosol Cleaning Public Works & City Hall Refund SUP Application 2011 -07 Equipment Supplies Enz Replacement Ceramic Insert Graphite Concession Supplies Health Care Provider Refresher Window Envelopes Fuel for Skid Loader Bulk Sodium Metasillicate Skater Memberships Salt treatment Fuel 2nd Installment Workers Comp,Municipality Repair Supplies April 2011 Wastewater Charge Boiler Repair Stillwater Stage 3 Flood Equipment Repair Supplies Caster for Mop Bucket Supplies for Postage Machine Salt, Sand Office Supplies 85.00 313.41 39.54 922.18 89.78 502.99 100.00 180.00 57.01 903.03 154.02 293.64 81.60 1,750.00 96.94 1,300.00 390.00 141.45 845.35 4,606.74 478.21 1,057.50 500.00 141.71 68.23 47.89 9,714.35 330.00 218.72 407.96 506.64 52.00 1,977.19 177.22 104,705.50 216.57 119,240.94 1,755.01 2,437.50 111.81 20.79 222.77 22,898.07 458.64 EXHIBIT "A" TO RESOLUTION #2011 -42 Page 2 Papco, Inc. Pioneer Manufacturing Co. Pogge Michel Pump & Meter Service, Inc. R & R Specialties Riedell Shoes, Inc. Sanders, Wacker, Bergly Inc. Sirchie Finger Print Lab, Inc. Stillwater Collision & Restoration Stillwater Medical Group Stillwater Motor Company Stillwater Towing Streicher's Sun Newspapers SW /WC Service Cooperatives Sykes Kyle A T- Mobile The Sandbagger Corporation Toll Gas & Welding Supply Tri State Bobcat, Inc. Unique Paving Materials, Inc. US Bank Corporate Trust Svcs Washington County Surveyor Yocum Oil Company Zack's Inc. Zayo Enterprise Networks,LLC Ziegler, Inc. LIBRARY Ace Hardware Aramark Baker & Taylor Continuation BWI Bornt, Rich Brodart Budget Lighting Hansen,Ann Henry, Marvin Mid Amerca Business Systems Midwest Tapes Minnesota Library Association N.A.D.A. Quill Xcel Energy Idler Assembly Field Turf Paint Reimburse Expenses Hose and meter for flood pumps Equipment Repair Supplies Skates for Resale Pedestrian Walkway Supplies for Evidence Room Repair Vehicle Flu Vaccine, Single comb Immunization Vehicle Repair Charges Towing Vehicles Holster Paddle Publications Health Insurance Cobra & Retiree Ins. Reimburse for Cell Phone Battery CeII Phone Sandbags Cylinder /Demurrage Equipment Repair Supplies Asphalt Paying Agent Fees Surveying Supplies Fuel Shovels for Flood Telephone Equipment Repair Supplies Janitorial Supplies Rug & Towel Service Library Materials Library Materials Minor Equipment Library Materials Light Bulbs Supplies Reimburse for Tire Repair Microform Reader Supplies AV Materials MILE Conference Fee Reference Subscription Office Supplies Utilities 146.26 485.70 10.93 324.27 1,112.94 203.26 6,035.00 392.69 2,832.80 55.00 239.06 320.64 47.75 148.42 56,033.08 35.34 27.77 6,782.00 18.42 97.24 448.78 5,726.88 13.36 5,859.10 339.00 568.75 1,197.92 9.46 73.37 69.38 691.70 44.97 1,199.29 169.27 20.35 28.56 236.08 212.65 285.00 90.00 91.68 4,488.08 pater Administration Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 3/9/2011 Re: Transfer of On -sale and Sunday liquor license As required, a public hearing must be held for the transfer of liquor licenses. A liquor license application has been received for the transfer of an On -sale liquor and Sunday license from Stillwater Kitchens, LLC; DBA Kitchen in Stillwater to Shanghai Stillwater LLC, DBA Shanghai Bistro located at located at 324 South Main Street. Approval for the licenses should be contingent upon approval by Police, Finance, Fire, Building Departments and Minnesota Liquor Control. ACTION REQUIRED: If Council desires to issue a new On -Sale liquor license they should pass a motion to adopt Resolution No. 2011- APPROVING TRANSFER OF OWNERSHIP OF THE ON -SALE AND SUNDAY LIQUOR LICENSES FROM STILLWATER KITCHENS, LLC; DBA KITCHEN IN STILLWATER TO SHANGHAI STILLWATER LLC, DBA SHANGHAI BISTRO APPROVING TRANSFER OF OWNERSHIP OF THE ON -SALE AND SUNDAY LIQUOR LICENSES FROM STILLWATER KITCHENS, LLC; DBA KITCHEN IN STILLWATER TO SHANGHAI STILLWATER LLC, DBA SHANGHAI BISTRO WHEREAS, an application has been received for a the transfer of a On -sale and Sunday licenses from Stillwater Kitchens, LLC; DBA Kitchen in Stillwater to Shanghai Stillwater LLC, DBA Shanghai Bistro located at located at 324 South Main Street.; and WHEREAS, a public hearing on the transfer of licenses was held on March 15, 2011; and WHEREAS, all required forms have been submitted and fees paid. NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the transfer of ownership of the On -Sale and Sunday liquor license conditioned upon approval by Police, Fire, Building Inspection and Finance Departments, and Minnesota Liquor Control (liquor only). Adopted by Stillwater City Council this 15th day of March 2011. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk t MEMORANDUM TO: Mayor and City Council FROM: Torry Kraftson, Assistant City Engineer-/X DATE: March 7, 2011 SUBJECT: 2011 Street Improvement Project Project 2011 -02 DISCUSSION The public hearing for the 2011 Street Improvement Project is scheduled for March 15, 2011 at 7:00 pm. Attached are copies of the feasibility report (approved 2/15/11) and the public hearing notice sent to the affected property owners. Two neighborhood meetings were held for the project on December 1461, 2010 and March 3rd, 2011. The meetings provided an informal opportunity for staff and residents to collaborate about the project. The items discussed in the meetings include pedestrian .improvements, drainage, street widths, assessments, construction methods, timing, and access during construction. In order to narrow Wilkins Street as presented in the feasibility study, a no parking resolution would be required to prohibit parking on the north side of Wilkins Street from 200 feet east of 4th Street North to 2nd Street North. At the neighborhood meeting last week, there were opinions shared both for and against the proposed narrowing and these views will be summarized at the public hearing. RECOMMENDATION It is recommended that Council hold the required public hearing. If Council desires to narrow Wilkins Street as presented in the feasibility study, Council should pass the attached no parking resolution. If desired, Council should pass a resolution ordering the improvement and directing the engineer to prepare plans and specifications. It should be noted that the resolution to order the improvement requires a 4/5ths majority vote. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting RESOLUTION 2011- ORDERING IMPROVEMENTS AND PLANS & SPECIFICATIONS FOR THE 2011 STREET IMPROVEMENT PROJECT 2011 -02. APPROVE PARKING RESTRICTIONS ON S.A.P. 169 - 110 -001 WILKINS STREET FROM 200 FEET EAST OF NORTH 4TH STREET TO NORTH 2ND STREET IN THE CITY OF STILLWATER, MINNESOTA WHEREAS, this resolution was passed on the 15th day of March 2011, by the City of Stillwater in Washington County, Minnesota. The Municipal Corporation shall hereinafter be called the "City ". WITNESSETH: WHEREAS, the City, has planned the improvement of Wilkins Street, from North Owens Street to North 1st Street in the City of Stillwater, Minnesota; and WHEREAS, the City will be expending Municipal Street Aid Funds on the improvements of this Street; and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street; and approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: that the City shall ban the parking of motor vehicles on the north side of Wilkins Street from 200 feet east of North 4th Street to North 2nd Street at all times. Adopted by the Council this 15th day of March 2011. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk ORDERING IMPROVEMENT AND PREPARATION OF PLANS & SPECIFICATIONS FOR THE 2011 STREET IMPROVEMENT PROJECT (PROJECT 2011 -02) WHEREAS, a resolution of the City Council adopted on February 15, 2011 fixed a date for a council hearing on the proposed 2011 Street Improvement project; and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 15th day of March 2011, at which time all persons desiring to be heard were given an opportunity to be heard thereon; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. Such improvement is necessary, cost - effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 15th day of March 2011. 3. City of Stillwater Engineering Department is hereby designated as the engineer for this improvement. They shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 15th day of March 2011. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk THE BIRTHPLACE OF MINNESOTA NOTICE OF PUBLIC HEARING FOR 2011 STREET IMPROVEMENTS PROJECT 2011 -02 February 18, 2011 Notice is hereby given that the City Council of Stillwater, Washington County, Minnesota, will meet in the Council Chambers of the Stillwater City Hall, 216 N 4th Street, Stillwater, MN 55082 at 7:00 p.m. or as soon as possible thereafter, on Tuesday, Marchl5, 2011, to consider the street, water, storm and sanitary sewer improvements. The area proposed to be assessed for such improvement is properties abutting Wilkins Street (Owens Street to First Street), Oak/Oakes Street (Highway 5 to dead end), Amundson Drive, Amundson Lane, Amundson Circle, Amundson Court, Amundson Place, Dallager Court, Fischer Circle, West Sycamore Street (Owens Street to Stonebridge Trail), North Center Street (Saint Croix Avenue to Sycamore Street), West Saint Croix Avenue (Owens Street to Center Street), West Linden Street (Echo Lane to Owens Street), North Center Street (Linden Street to Meadowlark Drive), Robin Lane, Meadowlark Drive, South McKusick Lane, Towne Circle, McKusick Road Lane North, West Orleans Street (Harriet Street to 4th Street) The estimated cost of the improvements is $1,926,000. A reasonable estimate of the impact of the assessment will be available at the hearing. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Diane Ward City Clerk Published in Stillwater Gazette on February 25th and March 4th, 2011. CITY HALL: 216 NORTH FOURTH STREET • STILLWATER, MINNESOTA 55082 PHONE: 651 -430 -8800 • WEBSITE: www.ci.stillwater.mn.us Torry Kraftson From: Donovan, John, III [ john .j.donovan.iii @medtronic.com] Sent: Friday, March 04, 2011 4:55 PM To: Torry Kraftson Subject: Wilkins Street - Donovan Input Torry: Happy to advocate for a narrower Wilkins, as I think that is the best result for the street, block, neighbor, city and the St. Croix River. Your continued efforts towards storm water management education, cost effect road construction, safety and the potential aesthetic improvements are greatly appreciated! I will talk to Mike Sobieski and Tom Armstrong further to understand their views better. Regarding Mr. Jenke, I believe his views are focused on the hobby or business of restoring old cars /snowmobiles /motorcycles that he and his 3 sons conduct. He mentioned five cars at the Neighborhood Meeting, and those appear to be the vehicles that are driven by him, his wife and 3 sons. In addition, they usually have a few more cars being restored, plus a couple of snowmobiles and motorcycles. This hobby or business precludes them from parking their five vehicles in their garage or in their annex garage /tarp covered structure. I see no issue with on- street parking. Between 2nd and 4th Streets, there are only 3 houses on each side of Wilkins for a total of 6 houses. 5 of these houses have a total of 7 garages (Mattox and Jenke each have 2). Of these 6 houses, there are 9 driveways (Armstrong, Mattox and me each have a second driveway off of 3rd or 4th streets). This is very low density housing, allowing for tons of on- street parking, even if on just one side of the road. Excluding the Jenke cars, I would estimate there is 1 car parked on the street in this 2 block area a total of, maybe, 1/2 day per week. In the 8 years I have owned my house, I have not seen a single accident on Wilkins Street. Only in the midst of a substantial, accumulating snow fall have I seen a 2 -wheel car unable to climb the road - and that is normal and expected. The plows do an excellent job of promptly making the road drivable. One thought I had was the ability to put the boulevard extension on the South side of the road and have no parking on the North side of the road. I see the benefits as: 1. Allows space for the plows to push the snow South on to the boulevard as they plow down the hill; 2. Allows for parking on the one side of the street where there is more room along the boulevard; 3. Allows the boulevard to extend all the way to 4th Street, along the ravine and opposite the Armstrong's property; 4. Allows the Armstrongs' to avoid putting in sprinklers or otherwise maintain a new green space adjacent to their existing sidewalk (I assume the added 3 feet would be an extension of their current sidewalk); 5. If city owned trees are planted in the boulevard, this will preclude the Jenke's from parking cars on this new space (a concern of Jason and me); 6. The South side of Wilkins gets the "benefit" of green space and the continued ability to park on their side of the street, with the sole "detriment" of have no parking on the North side of the street. 7. Rain gardens can be placed in the boulevard adjacent to the ravine and across from Armstrongs, substantially reducing erosion to the ravine only a few feet to the South and reducing unfiltered run -off into the St. Croix River only 4 blocks to the East. 8. A boulevard will allow for a tree canopy, improving aesthetics and mitigating the heat I am interested in your thoughts on this proposal. I mentioned this idea to Jason and he is concerned the Jencks' will not maintain the boulevard and park additional cars in the boulevard. Jason's concerns could be mitigated with the following: 1. Have the Plan include planting several trees in the boulevard that will both create a desirable tree canopy in the future and preclude parking in the boulevard currently; 2. In the Plan, prohibit parking cars off street /off driveways within, say, 20 feet of the boulevard. This will both prevent damage to the trees and ensure the intended aesthetics of the boulevard are maintained; 3. In the Plan, require any person responsible for damaging a tree to bear the cost of replacing that tree. If the tree is damaged without a know cause, the City would agree to replace the tree immediately. If we can't get rules that ensure the Jenke's will not maintain the boulevard, Jason will not support the alternative proposal and all the support will be for narrowing the street equally on each side and leaving it wide enough for parking on both sides. I would argue that, even in this case, we should still add trees and put 1 or 2 rain gardens on the South side of Wilkins at 4th Street, adjacent to the ravine. Torry, these are my initial thoughts - rambling I know. Feel free to discuss or forward this e mail to Ken. I am happy to discuss prior to the Council meeting. I will circle back with the result of discussions I have with Mike, Tom and Jason. JJDIII [CONFIDENTIALITY AND PRIVACY NOTICE] Information transmitted by this email is proprietary to Medtronic and is intended for use only by the individual or entity to which it is addressed, and may contain information that is private, privileged, confidential or exempt from disclosure under applicable law. If you are not the intended recipient or it appears that this mail has been forwarded to you without proper authority, you are notified that any use or dissemination of this information in any manner is strictly prohibited. In such cases, please delete this mail from your records. To view this notice in other languages you can either select the following link or manually copy and paste the link into the address bar of a web browser: http: / /emaildisclaimer.medtronic.com 2 Torry Kraftson From: m.sobieski [m.sobieski @comcast.net] Sent: Thursday, March 10, 2011 10:19 PM To: Torry Kraftson Cc: Ken Harycki; Micky Cook Subject: 2011 Street Improvement Project - Wilkins Street Torry, I wanted to provide my input in writing for the Wilkins Street Improvement Project 2011. First I would like to see the Wilkins Street reconstruction be completed. I am in favor of fixing the street. However I am not in favor of the proposal as it is currently planned. I do not agree with the proposal that shows a varying street size and no parking on the north side. This is Wilkins Street between 4th Street and 1st Street. I have attended two neighborhood meetings where in both cases, I expressed my views against the current plan. Unfortunately in neither case were my views documented or nor represented as against the current plan (see 2011 Streets reclaim Neighborhood Meeting.pdf, 2011 Streets Feasibility presentation.pdf, and 2nd Neighborhood Meeting Notes.pdf) in these minutes or the presentation made to the City Council February 15th, 2011. I am very disappointed that even though I attended these meetings my input was not represented. I pointed the lack of proper representation in the second neighborhood meeting and again it was not documented in the 2nd neighborhood meeting notes. I see that some agreeing with the proposal were documented, but the views expressed by myself and the Jahnke's were not properly represented as opposing the current plan. As I left the first neighborhood meeting I felt that the plan was going to be altered as the input during the meeting showed opposition to the plan. However that did not occur. I hope that a discussion will occur with the City Council and staff to help ensure that in the future meeting notes from neighborhood meetings properly represent the views and concerns expressed by citizens and neighbors and that these views are taken in to `account as the proposal process goes forward. The reasons for my opposition to the current plan are multiple. First I do not see why Wilkins Street would be 38' wide where Tom and Sherry Armstrong live and 32' wide where I live. To change the street size in the middle of the block is not a reasonable approach. Citizen input is valuable, however having each of us decide the street width in front of our houses does not make good planning. As someone effected by this change (42' down to a 32' street) and the change in parking (all the on- street parking will be in front of my house) I and other the residents on this side of the street (south) should have been contacted. Yet instead you only contacted the residents on the north side of the street. Those of us that live on the south side of the effected street oppose this proposal. I am concerned about the proposal for parking only on my side of the street. I believe that this will negatively impact the value of my house. My understanding is that these projects are should positively impact the value of my house not negatively. Again my understanding is that I would have an excellent due process to reduce any assessment of the project against my property if it negatively impacts my property value. When asked about the reduced parking, the response was that the side streets, such as 3rd Street, would meet that lost parking need. However that is really not possible when 3rd Street is either a driveway (south side - based on 1 an agreement with the city) or a very narrow street, that currently is not wide enough to allow a car to pass if someone parks there. When asked why Wilkins Street to the west of 4th Street was planned to be 38' wide, the answer was that due to more housing in smaller lots more parking was needed. However the proposed 38' street width on my block (west portion of Wilkins to the east of 4th Street) only supports one house and a city owned ravine. I do not see the higher housing density there that "justified" the 38' wider partial block section of Wilkins Street west of 4th Street. The City of Stillwater has an odd even winter parking restriction. I do not see how that would be properly enforced. Odd -even parking in front of one house and then only odd parking only for the rest of the block? This does not make any sense. When asked about this the answer was that the Police Chief would not enforce the odd /even on this block. So we will have ordnances and then ask the Police not to enforce them? What would my recourse be if I did get a ticket? Tell the courts that I was told that the Police Chief said it was OK to park illegally? Currently there are several larger homes and lots on this section of Wilkins Street (and one smaller one) and the houses on the north side of the street are on larger lots (even one double lot) with multiple driveways. So there is some off street parking on their property. But this area is zoned 2 family homes. So it is entirely possible several years from now that these large lots could be divided and several duplexes are built. Then there will definitely not be enough parking with odd side only parking. The amount of traffic on Wilkins Street is very high. Ever since the area next to Stillwater Country Club was developed Wilkins Street has gotten much busier. Anyone in this part of the North hill and in that new development all go up Wilkins to get to work or to go grocery shopping, get gas, etc... So traffic levels can be very high. It does not make sense to reduce the size of the street from 42' to 32' with all this traffic. Snow removal would be made much worse. As the snowplow works better going going downhill, currently 2/3 of the snow is pushed to the side that is proposed for parking. This side is also the south side, so it takes much longer for any snow build up to melt versus the exposed north side. Currently the amount of street lost to snow piles on the south side is about 3 times the amount on the north side. So putting the extra boulevard on the north side does not make any sense for snow removal and storage. As the south already gets more snow it would make more sense to put the extra boulevard on the south side (which I do not support either). As Mayor Ken Harycki and Council member Micky Cook were present at the second meeting, I hope that they received the input that myself and my neighbors provided and will modify this proposal to make sense for both the city of Stillwater and the neighbors directly effected by this proposal, especially since our input has not been accounted for in the two neighborhood meetings. I am expecting that this input appear in the packets to the City Council so that other members of the council will see input from residents on Wilkins Street. Thank you, Michael Sobieski 1022 3rd St North Stillwater, MN 651 - 430 -2694 2 MEMORANDUM TO: Mayor and City Council FROM: Torry Kraftson, Assistant City Engineer (°}� DATE: February 11, 2011 / RE: Feasibility Study for the 2011 Street Improvement Project Project No. 2011 -02 INTRODUCTION Based on the 2010 Pavement Management Plan, a feasibility study of the following streets was authorized by Council on November 16, 2010. Pavement reconstruction • Wilkins Street (Owens Street to First Street) • Oak/Oakes Street (Highway 5 to dead end) • Amundson Drive, Amundson Lane, Amundson Circle, Amundson Court, Amundson Place, Dallager Court, Fischer Circle, West Sycamore Street (Owens Street to Stonebridge Trail), North Center Street (Saint Croix Avenue to Sycamore Street), West Saint Croix Avenue (Owens Street to Center Street) Mill and Overlay • West Linden Street (Echo Lane to Owens Street), North Center Street (Linden Street to Meadowlark Drive), Robin Lane, Meadowlark Drive, South McKusick Lane • Towne Circle, McKusick Road Lane North • West Orleans Street (Harriet Street to 4th Street) EXISTING CONDITIONS The streets selected for reconstruction were rated in poor or worst condition in the 2010 Pavement Management Plan. The Amundson neighborhood includes Amundson Drive, Amundson Lane, Amundson Circle, Amundson Court, Amundson Place, Dallager Court, Fischer Circle, West Sycamore Street (Owens Street to Stonebridge Trail), North Center Street (Saint Croix Avenue to Sycamore Street), and West Saint Croix Avenue (Owens Street to Center Street). Wilkins Street was constructed in 1973, Oak Street /Oakes Street in 1982, the the Amundson neighborhood in 1983 (except Fischer Circle in 1986 and Sycamore Street in 1987). Pavement failure of these streets is exhibited by rutting, settling, and extensive cracking. The Amundson neighborhood (excluding Center Street) has existing concrete curb and gutter which is in good condition. Wilkins Street from Owens Street to 2 "d Street is a Municipal State Aid street. State Aid streets are typically wider and must meet width standards for state aid streets. The minimum width for state aid streets is 38 -feet for parking on both sides, 32 -feet for parking on one side, and 26 feet with no parking. The streets selected for mill and overlay were primarily rated in fair condition in the 2010 Pavement Management Plan. Towne Circle and McKusick Road Lane North were constructed in 1983. The neighborhood on the south side of Lake McKusick (Meadowlark Dr., S. McKusick La., Robin La., Center St., Linden St.) was constructed in 1970 and the age of West Orleans Street wasn't determined. These streets show signs of deterioration, but have adequate structural strength to support a mill and overlay. They have existing concrete curb and gutter which is primarily in good condition. The Water Board has identified 15 galvanized water services throughout the project, primarily on Wilkins Street. These galvanized services were installed prior to the 1960s and have a high tendency to corrode and rupture. The water board also identied 5 fire hydrants for replacement. Three of the hydrants are an older style 4 -inch hydrant without available replacement parts and two others aren't functioning properly. The sanitary sewer mains on the project have been televised. The mains are in good condition except that the sewer mains in the neighborhood on the south side of Lake McKusick have some cracking and root intrusion. The storm sewer pipes are in good conditions, but the catch basins are deteriorated. PROPOSED PROJECT Pavement reconstruction The proposed work consists of limited storm sewer rehabilitation and the replacement of catch basins, galvanized water services, and identified fire hydrants. In accordance with the City storm water permit, reconstruction projects need to target infiltration of 1/2 inch runoff from roadway surfaces. To achieve this requirement, pond improvements would be made to two of the ponds adjacent to Oak Glen Golf Course to provide infiltration. On Wilkins Street between Owens Street and 4th Street it is proposed that infiltration basins be installed in bump -outs at the intersections. The bump -outs will also provide for traffic calming and pedestrian crossings. The existing pavement will be reclaimed (ground up with the existing aggregate) and used as a base course. New concrete curb and gutter will be installed on Wilkins, Center, and Oak/Oakes. Deteriorated curb will be replaced on streets with existing curb and gutter. New rings and seals will be installed on storm and sanitary sewer manholes to prevent future deterioration. The street will then be brought to grade and 4 inches of new bituminous will be installed. It is proposed to narrow Wilkins Street from Owens Street to 4th Street from an existing width of 42 feet to a width of 38 -feet to meet the minimum state aid design width for parking on both sides. On Wilkins Street between 4th Street and lst Street it is proposed to reduce the width of the street from the existing width of 42 feet to a width of 32 feet due to the limited need for on street parking. Reducing the street width reduces project costs and storm water runoff. In order to narrow the street on the State Aid segment between 2nd and 4th, parking on the north side of the street would be eliminated. There are three homeowners who live on corner lots on the north side of Wilkins who were contacted. The street narrowing and elimination of parking was supported by two of the three homeowners. It is proposed to narrow the street and eliminate parking adjacent to these two properties, but to leave on- street parking adjacent to the third property (see attached street width figure). Street width table on streets with new curb: Street Existing width Proposed Width Center Street (St. Croix Ave. to Sycamore St.) 24 feet 24 feet Oak/Oakes Street 24 feet 24 feet Wilkins Street (Owens St. to 200' east of 4th St.) 42 feet 38 feet Wilkins Street (200' east of 4th St. to 1st St) 42 feet 32 feet Trail or sidewalk improvements are proposed for Wilkins Street in accordance with the 2030 comprehensive plan. The plan calls for trail upgrades between 4th Street and William Street and new trail or sidewalk between William Street and Owens Street. A new trail from 4th Street to Owens Street would allow for a greater range of pedestrian uses and could connect with a future trail network. New sidewalk on the block between William Street and Owens Street would cost less and would complete a missing link in the sidewalk network. A questionnaire was sent to 40 residents on Wilkins Street between Owens Street and 4th Street and 20 responses have been returned. Relating to the first question about a new trail from 4th Street to William Street, 5 residents favor upgrading the sidewalk to a trail, while 15 residents favor leaving the existing sidewalks in place. On the second question about a new trail or sidewalk from William Street to Owens Street, 12 residents favor leaving the block as is with no trail or sidewalk, while 8 residents favor the installation of a trail or sidewalk. There are five alternatives presented for consideration: 1. Leave the existing sidewalk in place between 4th Street and William Street and do not install new trail or sidewalk between William Street and Owens Street. 2. Leave the existing sidewalk in place between 4th Street and William Street and install new sidewalk on one side of the street between William Street and Owens Street 3. Leave the existing sidewalk in place between 4th Street and William Street and add new sidewalk on both sides of the street between William Street and Owens Street. 4. Add new bituminous trail from 4th Street to Owens Street on one side of the street. 5. Add new bituminous trail from 4th Street to Owens Street on one side of the street and add new sidewalk on the other one side from William Street to Owens Street Mill and Overlay The mill and overly project will mill the top 1.5- inches of bituminous surface. Identified curb sections, catch basins, fire hydrants, and gate valve sections will be replaced as needed. Sanitary sewer manhole rings will be sealed and sewer mains will be lined at identified locations. Water quality improvements are not required for mill and overlay projects, but 3 rain gardens are proposed to improve water quality adjacent to Lake McKusick. A 2 -inch bituminous wear course will be placed, followed by completion items such as turf restoration. PROJECT COST AND FINANCING The budget for the 2011 Street Improvement Project is $1,950,000. The total estimated cost of the project is $1,926,000. This includes design, surveying, inspection, administration, and contingencies. Pavement reconstruction Estimated Cost: $1,444,000 (includes design, inspection, surveying, administration) According to the City Assessment Policy residential street improvements are assessed 50% to the property owner and the remaining 50% from City funds. Assessments for properties abutting state aid streets (Wilkins Street) should be equivalent to a standard 30 -foot wide City street. Assessments to replace galvanized water services would be 100% the cost of the property owner. For other properties, including the City owned parcels, the cemetery, the golf course, the school, and the commercial property, the assessments are based on front footages. The open space properties such as the golf course and cemetery would not be charged an assessment. The cost for the reconstruction includes $25,350 to replace 15 galvanized water services. In accordance with the assessment policy, the property owners with the galvanized services would pay the cost of $1,690 per service. The front footage assessment rate for commercial property (gas station) on Wilkins Street would be $65.17 per foot. The residential properties are proposed to be assessed by the unit method with assessments calculated as follows: Standard interior lot: 1 unit Vacant or sub - dividable lot: 1 unit to be deferred until lot is built on Corner lot: 0.5 units for each side reconstructed Multifamily lot: 1 unit + 0.2 units for each additional occupancy Assessed properties would consist of 8 vacant properties, 7 multi - family properties, 1 commercial property, and 156 single family properties. The proposed unit assessments are based on the type of improvement. The preliminary assessments for the Amundson neighborhood and Oak/Oakes Streets is $3,800. The Wilkins Street residents would receive preliminary unit assessments of o $5,030 if no new trail or sidewalk is installed o $5,160 if sidewalk is installed on one side between Williams Street and Owens Street o $5,290 if sidewalk is installed on both sides between Williams Street and Owens Street o $5,470 if new trail is installed from 4th Street to Owens Street on one side of the street o $5,600 if new trail is installed from 4th Street to Owens Street on one side of the street and add new sidewalk on the other one side from William Street to Owens Street Mill and Overlay Estimated Cost: $482,000 (includes design, inspection, surveying, administration) There are 2 multifamily properties, 1 vacant lot, 1 institutional property, 54 single family properties, and 91 townhome properties. The Junior High School property would be charged a preliminary front footage assessment rate of $18.79 per foot. Different unit assessment rates are proposed for the townhouse area (Towne Circle and McKusick Road Lane North) and the single family residential area (Orleans, Meadowlark, Linden, Center, Robin, S. McKusick Ln.). The proposed preliminary unit assessment rate for the townhouses is $980 and for the single family residential area is $1,960. Proposed Preliminary Assessment Summary Table Street Assessment Rate Adjusted Front footage Assess. Units Assessment Amount Mill and overlay footage (Jr. High) $18.79/ foot 658 $12,364 Pvmt reconstruct commercial (gas stn) $65.17/ foot 95 $6,191 Mill and overlay single family res. $1,960/ unit 50.8 $99,568 Mill and overlay townhouse $980 /unit 91 $89,180 Reconstruct Amundson area and Oak $3,800/ unit 109.8 $417,240 Wilkins reconstruct (Option 5) $5,600 /unit 39.4 $220,640 Assessment Subtotal $845,183 City Capital Projects Fund (55 %) $1,055,467* Galvanized water $1690/ service 15 $25,350 Street Improvement Project Cost $1,926,000 Street Improvement Project Budget $1,950,000 Includes $10,000 for Wilkins width and $95,142 for open space parcels PROPOSED SCHEDULE (PRELIMINARY) February 15 Feasibility Study March 3 Neighborhood meeting March 15 Public Hearing April 5 Approve plans May 3 Award bid May through August Construction September 6 Assessment Hearing RECOMMENDATION Since the project is feasible from an engineering standpoint and the project is cost effective, it is recommended that Council accept the feasibility report for the 2011 Street Improvement Project and order a public hearing to be held on March 1, 2010 at 7:OOPM. The Council should consider which of the five trail or sidewalk options is preferred for Wilkins Street. ACTION REQUIRED If Council concurs with the recommendation they should pass a motion adopting Resolution No. 2011- , RESOLUTION RECEIVING REPORT AND CALLING HEARING ON 2011 STREET IMPROVEMENT PROJECT, (PROJECT 2011 -02) PROPOSED 2011 FEASIBILITY STUDY AREA THE 7111THPLACE OF MINNESOTA LEGEND (PROJECT TYPE) - RECONSTRUCT MILL AND OVERLAY 0 1000 2000 SCALE IN 0 4000 FEET MCKUSICK "'ROAD LANE N. ( TOWNE CIRCLE c AMUNDSON DRIVE FISHER ,CCIRCtE AMUNDSON CIRCLE, J AMUNDSON COURT_; DALLAGER COURT AMUNDSON PLACE _ -- AMUNDSON LANE SYCAMORE STREET! NORTH CENTER STREET W. SAINT -CROIX AYENUE_ MEADLR ,[!R N "C ,TER'° W. LINDEN - ST ROBIN LA. $. MCKUSICK LA. Ce- Gj w4 ORLEANS STREET WILKINS STREET TRAIL AND SIDEWALK OPTIONS EXISTING SIDEWALK PROPOSED SIDEWALK PROPOSED TRAIL OPTION 1: NO NEW TRAIL OR SIDEWALK WILKINS STREET OPTION 2: NEW SIDEWALK ON ONE SIDE OWENS ST. TO WILLIAM ST. W WILKINS STREET €w 1 W I _F-' w co = I- owi !co: z k. _- _ £ 3 w I } Q 0 1_71 WILKINS STREET I-- w w co 2 FR' Q 2 LL OPTION 3: NEW SIDEWALK ON BOTH SIDES OWENS ST. TO WILLIAM ST. w WILKINS STREET Ew H: w IF 'w z w w; w w w ce WILKINS STREET w, w W ; w C a; I =: OPTION 4: NEW TRAIL ON ONE SIDE OWENS ST. TO 4TH ST. WILKINS STREET X 0) 2 WILKINS STREET F— U) ,. W r' i It 2 W a' c l- OPTION 5: NEW TRAIL ON ONE SIDE OWENS ST. TO 4TH ST. NEW SIDEWALK ON ONE SIDE OWENS ST. TO WILLIAM ST. WILKINS STREET ? w w WILKINS STREET 2 w LI 38' _1. -38' 2' _... I NO PARKING PROPOS -D WIL .<1\S STRI- -T WIDTHS Co# 1875 South Greeley Street Stillwater, Minnesota 55082 .,:si STILLWATER AREA PUBLIC SCHOOLS Tel: 651-351-8340 fax: 651 -351 -8380 1 INDEPENDENT SCHOOL DISTRICT 834 tdd: 651-351-8338 www.stillwater.kumn.us March 8, 2011 Mayor Ken Harycki and City Council Members City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Re: Public Hearing on 2011 Street Improvements (Project 2011 -02) Dear Mayor Harycki and City Council Members: We recently received a letter from Torry Kraftson, Assistant City Engineer dated February 16, 2011 notifying Stillwater Area Public Schools of the City Council's Public Hearing on 2011 Street Improvement (Project 2011 -02). This project includes a proposal to install new sidewalks on both sides of Wilkins Street between Owens Street and Williams Street and leaves the existing sidewalks in place between 4th Street and William Street. Stillwater Area Public Schools continues to look for opportunities to provide a safe environment for our students. The proposed sidewalk positively impacts an area of non - transported students attending Stonebridge Elementary School. Stillwater Area Public Schools supports the proposal. Thank you for re- investing in the safety of our community. If you have any questions, please feel free to contact me. Sincerely, Ray Tnd C. Queener Assistant Superintendent of Business CC: Torry Kraftson Afton - Lakeland Elementary, Andersen Elementary, Early Childhood Family Center, Lake Elmo Elementary, Lily Lake Elementary Marine Elementary, Oak Park Elementary, Oak -Land Junior High, Rutherford Elementary, St. Croix Valley Area Learning Center Stonebridge Elementary, StillwaterArea High School, StillwaterJunior High, Valley Crossing Community School, WithrowElementarl water. THE BIRTHPLACE OF MINNESOTA TO: Mayor & Councilmembers FROM: Bill Turnblad, Community Development Director DATE: March 11, 2011 RE: Request to reconsider decision regarding lease of parking spaces Stillwater Family Dental Clinic BACKGROUND Stillwater Family Dental would like to relocate its practice from Tower Drive to the proposed office building across 3`d Street from the current Post Office. At the March 1, 2011 Council meeting City staff presented the Stillwater Family Dental request for permission to lease eight parking spaces in the surface lot next to the proposed office building. On a 3 -2 vote the Council denied the request. Dr. Perpich, owner of Stillwater Family Dental, has submitted a written request asking the Council to reconsider its decision. Due to miscommunication she was not aware that her request was on the Council agenda and was therefore not available to present her case. Since convenient parking for her handicapped patients is critical to the success of her practice, she would appreciate the opportunity to personally appear before the Council. REQUEST Stillwater Family Dental is asking to lease the northerly eight spaces in the parking ramp's surface lot. The leased spaces would be reserved M -F from 7 AM -6PM for the dental clinic. COMMENTS The purpose of the ramp is to encourage economic vitality downtown by supporting the parking needs of existing businesses and to make possible business investment that "but for" the new parking spaces could not occur. TIF revenue is paying for the bond that financed the construction of this economic development project. The parking ramp has only been open for a year, but already it is providing valuable contract parking spaces to surrounding businesses. And it played a key role in making the Lowell Inn expansion possible. Now a tax generating office building that will be the place of employment for well paid professionals is planned by Trinity Lutheran Church at the northeast corner of 3rd Street and Myrtle Street. Again, without the increased number of parking spaces provided by the City's economic development project this office project would not be possible. Moreover, negotiations for assembling the properties for the ramp recognized the role that the parking ramp would play in re- development of the church property. The development agreement executed by the City and Dental Clinic Request March 11, 2011 Page 2 former property owners went so far as to say that the ramp would offset the need for a variance for the new office building's parking deficit. Given the unique relationship between the public ramp and the proposed office building, the request for eight leased spaces in the ramp's adjacent surface lot will not set a negative precedent. Private leases for public parking spaces downtown typically have only been approved for TIF redevelopment projects such as the ramp. The Cub Office Building and the River Market Co -op are other TIF projects with associated leased parking. This is to say that approving this request does not place the City in a position that compels it to approve other potential requests by downtown businesses to lease public parking spaces in front of their buildings, since they are not part of an economic development or re- development project. RECOMMENDATION The Parking Commission and staff both recommend that the City Council approve the request by Stillwater Family Dental to lease the eight spaces during business hours for $960 per year (plus the cost of manufacturing and installing the reserved signs), based upon the 2011 fee schedule. Attachments: Site Plan Letter from Dental Clinic Feb 24, 2011 Council Memo bt 1 THIRD STREET NORTH * 4, 4, * 4, * * 9' * * * 4. * * 4, 4. 4, 9' * 4' * * * * * * 4, 4, 4, + 4, 4, 4, + * * 4, 4, * 4, 4, / 4, 4, 4, 4. * * * * * 4, * 4, 4, 4, 4, 4. 4, 4, 4, * 9' 4, 4, 4, 40 9' 9' * * * + 4. * * + 4, * 4, * * * 4, 4, 4/ * * * * * * * 4, * 4, + * * * * 4, + 4' * 4, * 4, Requested lease spaces Bill Turnblad From: Dr. Rosalie J. Perpich DDS [ r. perpich @stillwaterfamilydental.com] Sent: Monday, March 07, 2011 10:45 AM To: Bill Turnblad Subject: request for reconsideration of parking denial. Hello, I hope you are having a good Monday. I am writing to request a reconsideration of parking for Stillwater Family Dental at the new post office location. I am under the understanding that this is an option for me. Please let me know if I it is not. The next city council meeting is March 15`h? I will be out of town but would still like to be added to the agenda and will have someone present to represent me. Thank you in advance for your time. Stillwater Family Dental http:/ /www.stillwaterfamilydental.com 1725 Tower Drive Ste. 130 Stillwater, Mn 55082 651- 351 -0890 click here to like us at facebook 2011 Street Improvement Project Public Hearing March 15, 2011 7:OOPM City Hall PROPOSED 2011 FEASIBILITY STUDY AREA ter TINE INIIN1NPLACE Of MINNESOTA LEGEND (PROJECT TYPE) — RECONSTRUCT — MILL AND OVERLAY G-E McKUSICK ., AF 0 1000 2000 4000 SCALE DELI w00° y IN FEET RD AMUNDSON DRIVE FISCHER CIRCLE AMUNDSON CIRCLE AMUNDSON COURT DALLAGER COURT AMUNDSON PLACE AMUNDSON LANE SYCAMORE STREET NORTH CENTER STREET W. SAINT CROIX AVENUE Z 80th 'I ST. 'WILKINS STREET 7 MEADOWLARK DR. N. CENTER ST. W. LINDEN ST. ROBIN LA. S. MCKUSICK L.A. `ERLACHEN I OAK /OAKES L STREET -6R01 WOOD MThTLE ST. PINE u} ORLEANS STREET Sanitary Sewer and Water Replace galvanized water services since they have a high tendency to leak- 15 properties- primarily on Wilkins Street, 5 fire hydrants Sanitary sewer televising- some cracking and root problems- cured in place pipe about 10 to 12 locations Seal manhole tops, gate valve top sections Storm Sewer and Drainage Replace deteriorated catch basins Rehabilitate some storm sewer pipe (line /replace) MPCA storm sewer permit requires storm water to be infiltrated into the ground. Volume requirement is 0.5" of rain over the street surface Looking at infiltration basins in bump -outs on Wilkins and pond infiltration benches on 2 ponds between Amundson Drive and Oak Glen Golf Course Proposed street width reduction on Wilkins WILKINS STREET WILKINS STIEET 0 LL LWILKINS TREET ~ NO PARKING -38' - --1- -t- - -F --� 0 0 in H KINS STREET t r i PROPOSED WILKINS STREET WIDTHS Wilkins Street width 2nd to 4th Discussion at neighborhood meeting Residents on the south side are concerned about not having adequate parking with proposed north side parking elimination and are also concerned about the street not being wide enough to handle the demands. The residents on the north side don't use the parking and feel the north side parking elimination is appropriate. They believe the aesthetic and environmental benefits of a narrower street outweigh the benefits of parking on both sides. +!. Mr 11 112DED EXISTING SIDEWALK PROPOSED WILKINS STREET TRAIL AND SIDEWALK OPTIONS SIDEWALK — — PROPOSED TRAIL OPTION 1: NO NEW TRAIL OR SIDEWALK WILKINS STREET F WILKINS STREET W ill I.. N CO CO IX LL O J W OPTION 2: NEW SIDEWALK ON ONE SIDE OWENS ST. TO WILLIAM ST. 1` WILKINS STREET F MANS STREET �p c', E 1 i E OPTION 3: NEW SIDEWALK ON BOTH SIDES OWENS ST. TO WILLIAM ST. 1 '°' u W C WILKINS STREET WILKINS STREET .. ry y N L11 N X OPTION 4: NEW TRAIL ON ONE SIDE OWENS ST. TO 4TH ST. gg WILKINS STREET t WIC .....1 co iLLl II 1 a OPTION 5: NEW TRAIL ON ONE SIDE OWENS ST. TO 4TH ST. !!! NEW SIDEWALK ON ONE SIDE OWENS ST. TO WILLIAM ST. w I WILKINS STREET WILKINS STREET g LL < W g W I Proposed assessments Footage method per assessment policy for commercial and institutional property Unit method for residential property Standard interior lot: 1 unit Vacant or sub - dividable lot: 1 unit to be deferred until lot is built on Corner lot: 0.5 units for each side reconstructed = Multifamily lot: 1 unit + 0.2 units for each additional occupancy Assessments (...cont) Street assessments on past projects have varied depending on scope of work (sidewalk, lighting, utilities, etc.) Unit assessment examples (2007- $6,500 2008- $7,loo 2009 - $4)208 201043478 reclaim and $1,419 mill), corners half per side reconstructed Assessments- up front or to -year period Preliminary assess roll at the public hearing Street Assessment Rate Adjusted Front footage Assess. Units Assessment Amount Mill institutional (Jr. High) $18.79/ foot 658 $12,364 Reconstruct commercial (gas stn) $65.17/ foot 95 $6,191 Mill and overlay single family res. $1,960/ unit 50.8 $99,568 Mill and overlay townhouse $980 /unit 91 $89,180 Reconstruct Amundson area/ Oak $3,800/ unit 109.8 $417,240 Wilkins reconstruct (Option 5) $5,290 /unit 39.4 $208,426 Assessment Subtotal $832,969 City share 55% (Capital Proj. Fund) $1,043,253 Galvanized water $1690/ serv. 15 $25,350 Street Improvement Project Cost $1,901,572 Street Improvement Project Budget $1,950,000 * Includes $10,000 for Wilkins width and $95,142 for open space parcels LEGEND • RECONSTRUCT- AMUNDSCN Q RECONSTRUCT- AMUNDSON CORNER • COMMERCIAL/RTSTI TU DONAL /OPEN VACANT OR SUBDINOABLE PARCEL 2 LOA TEAUt V DESIGNATION 2011 STREET IMPROVEMENT PROJECT ASSESSMENT TYPES AMUNDSON NEIGHBORHOOD /OAK i1hva!t •N1 IIt1MPtACT AP MI MM... TA W 1- 0 ai WILKINS STREET • • �CICUS '- - -=y ROAD &) MCKUSICK (COUNTY ROAD 64) LEGEND • WILL- TOWN KOUSE • RECONSTRUCT- WILKINS o RECONSTRUCT - WILKINS CORNER • COMMLR AL/ NSTITU'IONAL /OPEN 2 AILLTFAMIL" DESIGKATCN G GALVAN 7EC WATER SER \9C+'_ 2011 STREET IMPROVEMENT PROJECT ASSESSMENT TYPES TOWNHOUSE MILL /WILKINS TIFF ■Fits IlACF 11 •INNEi1TN FAIRVIEW CEMETERY U. LEGEND • MILL- S NGLE FAM. LY • MILL- SNGLC TAM LY CORNER • COMMERCIAL/INSTI TLI RONAL/OPEN VACANT OR SUBO +NDABLE PARCEL 2 MUL'FAMILY DESIGNATION G GALVANIZED WA-ER SERVICE 2011 STREET IMPROVEMENT PROJECT ASSESSMENT TYPES SINGLE FAMILY MILL AND OVERLAY • ater TN' •IMltt.ACt OF •IMitltlt Possible Schedule Public Hearing/ Order plans Mar 15 Approve Plans/ Authorize bid Apr 5 Accept bids/ Award contract May 3 Preconstruction neighborhood meeting Construct project May -Aug Final Assessment Hearing Sept 6 Recommendations Hold public hearing Pass no parking resolution if Council desires to narrow Wilkins Street to 32 feet from 200 feet east of 4th St. to 2nd St. Consider resolution to order the improvement and to direct engineering staff to prepare plans and specifications THE BIRTHPLACE OF MINNESOTA TO: Mayor & Councilmembers FROM: Bill Turnblad, Community Development Director DATE: February 24, 2011 RE: Request by Stillwater Family Dental to lease spaces in parking ramp surface lot BACKGROUND Trinity Lutheran Church and HAF Architects received City approval for construction of an office building at the corner of Myrtle Street and Third Street. The Post Office would become the major tenant of the middle level (ground level from the 3rd Street parking lot), and HAF Architects would occupy the upper level. But construction has been delayed until an occupant could be found for the lower level (ground level from Myrtle Street). Stillwater Family Dental has now entered into a purchase agreement for the Myrtle Street level. REQUEST Stillwater Family Dental is asking to lease the most northerly eight spaces in the parking ramp's surface lot. (See attached site plan.) The leased spaces would be posted as reserved M -F from 7 AM -6PM for the dental clinic. COMMENTS Location Most of the clinic's patients and staff will park in the ramp. The staff will purchase quarterly parking passes and the clinic will purchase bulk voucher coupons for its clients. But, the clinic is geared toward handicapped client accessibility and service. So though most of their patients are not handicapped, their facility is planned to comfortably provide for the specialized needs of handicapped clients. One of those needs is handicapped accessible parking that is located fairly close to the clinic. A quick look at the parking ramp's attached parking lot would suggest that the eight reserved spaces could be located in the southerly parking bay of this lot, since the southern bay is owned by Trinity Lutheran Church. Furthermore, the southern bay is directly adjacent to the planned office building. But in order to relocate the Post Office to this new facility, the church has committed to reserving those spaces for the Post Office. Dental Clinic Request February 24, 2011 Page 2 Precedent The City does not generally lease public parking spaces to businesses. There are however several types of exceptions to the general policy. First is for the two trolley companies downtown. Though their cases don't apply directly to the dental clinic request, the second type of exception does. The second type relates to parking associated with TIF funded economic development projects. For example both the Cub Foods Corporate Office parking lease and the Maple Island redevelopment project lease for River Market Co -op parking. For both of them, leasing public parking was critical to success of the TIF funded project. Similarly, the parking ramp is TIF funded and intended in part to spur development and earn both operating revenue from users of the new development as well as generate new tax revenue to retire the construction bond. This is occurring. The Lowell Inn constructed and opened its banquet facility, and is scheduled to open its new hotel rooms above the banquet hall this spring. Neither of these would have been possible without the parking offered by the new ramp. Now, Trinity Lutheran Church is about ready to begin construction on a tax generating office building that will house well paid professionals. This also would have been impossible without the new parking facility. Impact on current users In addition to precedent, City officials also consider what impact leasing public spaces would have on the current users of those spaces. Except during major events downtown, the Third Street parking lot is used almost exclusively as overflow parking for the current Post Office and for Trinity Lutheran Church staff and the church's day care clients. Since the dental clinic would have the eight spaces reserved only during normal business hours, the spaces would still be available for major events. And the church assures the City that there is sufficient convenient business hour parking in church owned lots without the need for the eight spots requested by the clinic. Consequently, if the City leases the eight spaces during business hours, it would not leave current users without convenient parking. Lease fee Leasing public parking spaces occurs so rarely that the Parking Commission and City Council consider each request on a case by case basis. There is no established fee. Since the request is to lease the spaces M -F during normal business hours, and since the lot is attached to and constructed with parking ramp funding, the Parking Commission recommends using the lease rates charged in the adjacent parking ramp. Eight reserved business hour parking spaces in the uncovered portion of the ramp would cost a total of $9601 annually (plus the cost of making and installing the reserved signs). 1 Uncovered spaces in the ramp cost $10 per month (M -F; 7AM -6PM). If the spaces are to be reserved, a 25% premium is added to the base cost, for a total of $12.50 per month. Also, if five or more spaces are purchased as a time (eight are requested by the clinic), then a 20% discount ($2.50) is applied. The resulting total is $10 per space per month. 8 spaces x $10 x 12 months = $960. Dental Clinic Request February 24, 2011 Page 3 RECOMMENDATION The Parking Commission and staff both recommend that the City Council approve the request by Stillwater Family Dental to lease the eight spaces during business hours for $960 per year (plus the cost of manufacturing and installing the reserved signs), based upon the 2011 fee schedule. Attachments: Site Plan Letter from Dental Clinic bt Bill Turnblad From: Dr. Rosalie J. Perpich DDS [ r. perpich @stillwaterfamilydental.com] Sent: Tuesday, February 01, 2011 2:31 PM To: Bill Turnblad Cc: Bob W. Eiselt Subject: parking commission meeting in February Dear Mr. Turnblad, Thank you for meeting with us last Friday. I am writing to request to be added to the agenda for the February Parking Commission Meeting. I am requesting eight designated parking spots in the north end of the parking lot of the future post office building on the corner of Myrtle and Third street. These spots will be leased by Stillwater Family Dental to better facilitate patient access for the following reasons: 1. I own a family practice which is unique in that it not only serves families but also serves a great deal of elderly and special needs adult patients. a. My second practice is located in the Gables Care Center at Boutwell's Landing. At times family members transport parents or friends to my main clinic. b. I have considerable special training in working with medically compromised adults. This is a current and growing aspect of my practice and a much needed service to our community. c. Because of this we offer sedation dentistry to assist in treating these patients. d. My goal is always to make the dental visits as smooth and easy for the caregivers as possible. 2. I will also be leasing 10+ spots for my employees and purchasing vouchers for patients to park in the ramp. 3. I wanted to give you a little information about myself to help in your decision and to express my passion for working with this population. I am... a. actively involved with the Minnesota Dental Association and serve on the "Elderly and Special Needs Adult committee ". b. currently serve on the executive council for the St Paul District Dental Society. c. liaison for the state of Minnesota "Donated Dental Services" program. d. delegate for the MDA House of delegates. e. Adjunct faculty lecturer for the University of Minnesota School of Dentistry — "Long term care and Geriatric dentistry mini — residency program ". Thank you for your attention to this request. I look forward to moving my business into the downtown Stillwater location. Stillwater Family Dental http://www.stillwaterfamilvdental.com 1725 Tower Drive Ste. 130 ORDINANCE 1027 AN ORDINANCE AMENDING THE STILLWATER CITY CODE SECTION 31 -1, SUBDIVISION 5 ENTITLED ESTABLISHMENT OF DISTRICTS The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: Section 1. The City's Official Zoning Map is amended by changing the property legally described in Exhibits A and B from BP -I, Business Park Industrial to BP -C, Business Park Commercial. This proceeding is known as Planning Case Number 2011 -03. Section 2. This Ordinance shall be in full force and effect from and after approval of publication according to law. effect. Section 3. In all other ways the Stillwater City Code shall remain in full force and Adopted by the City Council this 15th day of March, 2011. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane Ward, City Clerk Page 2 of 3 Exhibit A That part of the North 386.60 feet of the South 731.48 feet of Outlot A of Stillwater Industrial Park, according to the plat on file in the Office of the County Recorder, Washington County, Minnesota lying easterly of the West 386.97 feet thereof, containing 152,467 square feet; more or less. Page 3 of 3 Exhibit B That part of the South 344.88 feet of Outlot A, Stillwater Industrial Park, Washington County, Minnesota lying East of the West 386.97 feet thereof, according to the recorded plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota. CERTIFICATE OF TERMINATION AND RELEASE WHEREAS, the City of Stillwater, Minnesota, a municipal corporation (the "City "), entered into a certain Contract for Private Redevelopment with LANOGA CORPORATION a Delaware Corporation (the "Redeveloper "), dated December 6, 1994, (the "Agreement ") which provided for the development of the following described land in the County of Washington and the State of Minnesota, (the "Property "): That part of the North 386.60 feet of the South 731.48 feet of Outlot A of STILLWATER INDUSTRIAL PARK, according to the plat on file in the office of the County Recorder, Washington County, Minnesota lying easterly of the West 386.97 feet thereof, as measured at a right angle to the south and west lines thereof, containing 152,467 square feet, more or less. WHEREAS, the Agreement contained certain covenants, conditions and obligations, including the requirement to construct minimum improvements on the property having a minimum market value, the breach of which by Redeveloper, its successors and assigns, would result in an event of default and the right of the City to exercise remedies on default, and WHEREAS, the City desires to release the Redeveloper from the terms and conditions of the Agreement to declare the Agreement terminated. NOW THEREFORE, the City hereby releases and forever discharges the Redeveloper from any convent term or condition of the Agreement and declares the Agreement terminated and that the Property and the Redeveloper and their successors and assigns are forever released from all covenants, terms and conditions of the Agreement. Dated this 15th day of March 2011. CITY OF STILLWATER Ken Harycki, Its Mayor ATTEST: Diane F. Ward, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2011, before me, a Notary Public, appeared Ken Harycki and Diane F. Ward, to me personally known, who, being duly sworn, did say that they are the Mayor and City Clerk of the City named in the foregoing instrument; that the seal affixed to this instrument is the seal of the City; that the is instrument was signed and sealed on behalf of the City by authority of its Council, and that they acknowledged the instrument to be the free act and deed of the City of Stillwater, Minnesota, a Minnesota municipal corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: David T. Magnuson MAGNUSON LAW FIRM 324 South Main Street, Suite 260 Stillwater, MN 55082 651- 439 -9464 main 651- 439 -5641 fax llwater T H E B I R T H P L A C E O F MINNESOTA Memo Community Development Department To: City Council From: Mike Pogge, City Planner Date: Thursday, March 10, 2011 RE: Pedestrian Walkway Update Message: Staff has been meeting with the design team headed by Sanders Wacker Bergly, (SWB) since January on the Pedestrian Walkway project. During this time, the team has been focused on: 1. Defining two concepts for the North Lowell Park Master Plan. 2. Developing four concepts for the Pedestrian Walkway. 3. Creating a preliminary layout and design for the bathroom facility. Attached are the concept plans that have been developed to date. The concepts provide a variety of ideas that could be implemented and are by no means meant to limit what could be developed within the project area. Furthermore, many of the elements are interchangeable among the plans. Staff will review the options with the Council on March 15, 2011. If the Council is not opposed to any of the plans, staff will bring them all to a public information meeting. It is scheduled for Monday, March 28, 2011 at 6 p.m. in the Council Chambers with the Park and Recreation Commission. The purpose of the meeting is to see which options are most popular. Notices of the meeting will be send out to owners within 350 feet of the project areas, the IBA, the DVB and the Chamber. 1 SOUTH SECON- D -STR€EE 1 1 A \ / / / / / /- / / / / \\ 1 1 l 1 1 1 SOUTH UNION STREET - - — -_ W - J -SOUTH MAIN - STREET - NORTH MAIN STREET f4ET W WATER STREET f I , t' ( ; t I N N i ROI%: 0111E0 0' 25' 50' 100 NORTH SANDERS WACKER BERGLY INC. LANDSCAPE ARCHITECTS & PLANNERS 365 Eost Kellogg Blvd. Soinl Paul. MN 55101 Phone: (651) 221 -0401. Fox: (651) 297 -6817 E —moil: swbincOusinternet. com NORTH LOWELL PARK MASTER PLAN AND PEDESTRIAN PLAZA STILLWATER, MINNESOTA I hereby certify thot this plop, specification. or report was prepored by me or under my direct supervision and thot 1 om a duly registered Londscape Architect under the lows of the State of Minnesota. Signoture Dote: Reg. Number: Project Number: Drown By. Originol Issue Dole 1024 90) 0 /xo /11 Revision: Dote: Description: SHEET: CONCEPT A C 1 iiyr1_rPrrn7 IOW II 111/1 SANDERS WACKER BERGLY INC. LANDSCAPE ARCHITECTS & PLANNERS 365 East Kellogg Blvd. Saint Paul. MN 55101 Phone: (651) 221 -0401 Fax: (651) 297 -6817 E —mail: swbinc®usinlernet.com NORTH LOWELL PARK MASTER PLAN AND PEDESTRIAN PLAZA STILLWATER, MINNESOTA I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and thol I om o duly registered Landscape Architect under the lows of the State of Minnesota. Signoture Date: Reg. Number: Project Number: Grown By. Original Issue Dote 1024 9oj 0 /xx /11 Description: Revision: Dote: CONCEPT B SHEET: C2 SO NORTH MAIN STREET CONCEPT Al NORTH MAIN STREET WATER-STREET =6 71-7697(777/ — —L9 CONCEPT A2 0' 10' 20' 40' NORTH SANDERS WACKER BERGLY INC. LANDSCAPE ARCHITECTS & PLANNERS 365 East Kellogg 81vd. Saint Poul, MN 55101 Phone: (651) 221 -0401 Fox: (651) 297 -6817 E— mail. swbinc@usinternet.corn NORTH LOWELL PARK MASTER PLAN AND PEDESTRIAN PLAZA STILLWATER, MINNESOTA I hereby certify that this plon, specification, or report was prepored by me or under my direct supervision and that I om a duly registered Londscope Architect under the lows of the State of Minnesota. Signature Dote: Reg. Number: Project Number 1024 Drown 8y gaj Original Issue Date: 0 /xx /11 Revision: Dote: Description: CONCEPT DETAILS SHEET: C3 CONCEPT A3 NORTH SANDERS WACKER BERGLY INC. LANDSCAPE ARCHITECTS & PLANNERS 365 East Kellogg Blvd. Solnt Paul, MN 55101 Phone: (651) 221 -0401 Fox: (651) 297 -6817 E —mail: swbinc®usinternet.cor, NORTH LOWELL PARK MASTER PLAN AND PEDESTRIAN PLAZA STILLWATER, MINNESOTA I hereby certify thot this plop, specification, or report wos prepored by me or under my direct supervision and that 1 om a duly registered Landscope Architect under the lows of the Stole of Minnesota. Signature Dote: Reg. Number: Project Number: 1024 Drown By 9.1 Original Issue Dole: 0 /xx /11 Revision: Dote. Description: CONCEPT DETAILS SHEET: C4 36' -8" / 3' -5" / 4'-11" / 26' -4" 2' -0' / / n JAN. CLOSE 547sf ■' iR 103 WOMEN'S TOI LET J�i�•AU 0 rAr-ArArArAdr.w.driArArA rA 'tr.) N J FRONT AND SIDE ELEVATIONS SCALE: 1/8" = 1-0" CLOWELL COLLABORATIVE 0 DesignGroup,inc. 100 Portland Avenue South, Suite 100 Minneapolis, Minnesota 55401 p612.332.3654 1612.3323626 �.caiab «ati�eaesiyoyrc�p.c "m PARK Stillwater, MN DATE 03.10.11 SK-01 SCALE 1/8" =1-0" TOILET ROOMS - SCHEMATIC DESIGN DR. BY EAM CK. BY JOB NO. 11025.00 © COLLABORATIVE DESIGN GROUP, INC. 2009 RESOLUTION SUPPORTING CONSTRUCTION OF THE ST. CROIX RIVER CROSSING BRIDGE WHEREAS, The City of Stillwater has long supported construction of a new bridge to replace the obsolete lift bridge between Washington County, Minnesota and St. Croix County, Wisconsin as part of the St. Croix Crossing Project; and WHEREAS, the Stillwater City Council has monitored the progress thus far of the St. Croix River Crossing Project bridge structure selection and bridge location selection; and WHEREAS, the Stillwater City Council continues to recognize the urgent need to construct the proposed new bridge to connect Minnesota Trunk Highway 36 and Wisconsin State Trunk Highway 35/64; and WHEREAS, the National Park Service on October 15, 2010 determined that the St. Croix River Crossing Project would have "direct and adverse effects" on the Lower St. Croix National Scenic Riverway, thus reversing the 2003 -2006 mediation process that produced a recommended alternative; and WHEREAS, as a result of the National Park Service determination a new St. Croix River Crossing Project cannot proceed unless the United States Congress intervenes; and WHEREAS, a new bridge is a vital component to the infrastructure of the regional transportation system, and will generate jobs and spur economic development upon its completion; and WHEREAS, as far back as the early 1990's City of Stillwater supported the building of a replacement bridge based on a determination that the no build alternative did not provide a reasonable choice, because it did not address the issues of the existing bridge having a limited life span, the traffic problems in Stillwater, and the traffic problems along Trunk Highway 36 all of which still exists today. THEREFORE, BE IT RESOLVED that the Stillwater City Council ask the Congress of the United States to exempt the St. Croix River Crossing Project from the Wild & Scenic Rivers Act so that construction of the St. Croix River Crossing Bridge may begin; FURTHER, BE IT RESOLVED that the Stillwater City Council request the Congressional delegations from Minnesota and Wisconsin to unanimously sponsor the requested exemption; FURTHER, BE IT RESOLVED that copies of this resolution be forwarded to U.S. Senators and U.S. Representatives from Minnesota and Wisconsin, Governors of Minnesota and Wisconsin; State Legislators that represent Washington County, Minnesota and St. Croix County, Wisconsin; Minnesota and Wisconsin Department of Transportation officials; and Oak Park Heights, Minnesota; Mayors of the Cities of Hudson, Somerset and New Richmond, Wisconsin; Town Chair of the Town of St. Joseph, President of the Village of North Hudson, Wisconsin; Washington County Board of Commissioners and the St. Croix County Board of Supervisors, Wisconsin. Adopted by the City Council this 15th day of March 2011. ATTEST Ken Harycki, Mayor Diane F. Ward, City Clerk RESOLUTION APPROVING THE UPDATED EMERGENCY OPERATIONS PLAN FOR THE CITY OF STILLWATER WHEREAS, The possibility exists for the occurrence of disasters from fire, flood, tornado, blizzard, destructive winds or other natural causes, or from sabotage, hostile action, or from hazardous material mishaps, and to ensure that the City of Stillwater will be prepared to respond and recover from such disasters, and generally, to provide for the public peace, health, and safety, of the lives and property of the people of the City of Stillwater, it is hereby found and declared to be necessary: (a.) To establish the City of Stillwater Emergency Management Program, within the Stillwater Police and Fire Departments, responsible for planning, preparation, and coordination of government emergency operations in time of disaster. (b.) To provide for the exercise of necessary powers during emergencies and disasters. (c.) To provide for the rendering of mutual aid between the City of Stillwater and other political subdivisions of this State with respect to the carrying out of emergency preparedness functions and; WHEREAS, to comply with provisions of Minnesota Statutes, Chapter 12, section 12.25, which requires that each political subdivision in the State of Minnesota shall establish a local organization for emergency management. NOW THEREFORE, BE IT RESOLVED: SECTION I DEFINITIONS Subdivision 1. "Emergency Management" means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters. These functions include, without limitation, firefighting services, police services, emergency medical services, engineering, warning services, communications, radiological, chemical, evacuation, congregate care, emergency transportation, temporary restoration of public utility services and other functions related to civil protection, together with all other activities necessary or incidental for carrying out of the foregoing functions. Emergency management includes those activities sometimes referred to as "Civil Defense" functions related to National Security and/or anti- terrorism activities. Page 1 of 6 Subdivision 2. "Disaster" means a situation that creates an immediate and serious impairment to the health and safety of any person, or a situation that has resulted in or is likely to result in catastrophic loss to property, and for which traditional sources of relief and assistance within the affected area are unable to repair or prevent the injury or loss. Subdivision 3. "Emergency" means an unforeseen combination of circumstances that calls for immediate action to prevent a disaster from developing or occurring. Subdivision 4. "Emergency Management Resources" means the total personnel resources engaged in City level emergency management functions in accordance with the provisions of this resolution or any rule or order there under. This includes personnel from all City departments, authorized volunteers, and/or private organizations and agencies. Subdivision 5. "Emergency Management Program" means the staff element responsible for coordinating City level planning, preparedness and response. This program provides City liaison and coordination with federal, state, and local jurisdictions relative to disaster preparedness and recovery activities and assures implementation of federal and state program requirements. SECTION II ESTABLISHMENT OF AN EMERGENCY MANAGEMENT PROGRAM There is hereby created within the City of Stillwater an emergency management program, which shall be under the responsibility of the City Emergency Manager. The Emergency Manager shall be appointed by the Mayor and concurred by the City Council. The Emergency Manager shall have direct responsibility for the organization, administration and operation of the emergency management program, subject to the direction and control of the City Administrator and the City Council. The Emergency Manager shall have the powers and duties as specified in State Statute for local Directors of Emergency Management. (Minnesota Statute Chapter 12) SECTION III POWERS AND DUTIES OF THE EMERGENCY MANAGER Subdivision 1. The Emergency Manager, with the consent of the City Council, shall represent the City of Stillwater on any regional or state conference for emergency management. The director shall develop proposed mutual aid agreements with other political subdivisions of the state consistent with Chapter 12, Section 12.331, which establishes local assistance between political subdivisions. Subdivision 2. The Emergency Manager shall prepare a comprehensive all hazards emergency operations plan for the emergency preparedness of the City of Stillwater and shall present such plan to the City Council for its approval. When the council has approved the plan by resolution, it shall be the duty of all City departments, agencies, and emergency management resources of the City to perform the duties and functions assigned by the plan. The plan may be modified in like manner from time to time. The Emergency Manager shall coordinate the emergency Page 2 of 6 management activities of the City so that they are consistent and fully integrated with the emergency plan of the County, Federal Government, and the State of Minnesota and effectively coordinate with emergency plans of other political subdivisions within the State. Subdivision 3. In accordance with the State and City Emergency Plan, the Emergency Manager shall institute such training programs, public information programs and conduct practice warning alerts and emergency exercises as may be necessary to assure prompt and effective implementation of the City of Stillwater Emergency Operations Plan when a disaster occurs. Subdivision 4. The Emergency Manager shall utilize the personnel, services, equipment, supplies and facilities of existing departments and agencies of the City to the maximum extent practicable. The officers and personnel of all such departments and agencies shall, to the maximum extent practicable, cooperate with and extend such services and facilities to the City Emergency Management Program and to the Governor upon request. The head of each department or agency in cooperation with the Emergency Manager shall be responsible for the planning and programming of such emergency activities as will involve the utilization of the facilities of the department or agency. The Emergency Operations Center (EOC) located at Stillwater City Hall shall be the primary assembly point for City personnel designated as having emergency responsibilities within the City Emergency Operations Plan. The Emergency Manager will be responsible for assuring the day -to -day readiness of the EOC and managing its operations during activation. The Emergency Manager and /or the City Council must approve any physical alteration, modification or alternative use. Subdivision 5. The Emergency Manager, in cooperation with existing City departments and agencies affected, assist in the organizing, recruiting and training of such emergency management personnel that may be required on a volunteer basis to carry out the emergency plans of the City and state. To the extent that such emergency personnel are recruited to augment a regular City department or agency for emergencies, they shall be assigned to such departments or agencies and shall be under the administration and control of said department or agency. Subdivision 6. Consistent with the state emergency management law, the Emergency Manager shall coordinate the activities of and may assist in the training of emergency management organizations within the City and assist in establishing and conducting training programs as required to assure emergency operational capability. Subdivision 7. The Emergency Manager shall carry out all orders, rules and regulations issued by the Governor with reference to emergency management. Subdivision 8. The Emergency Manager shall act as principle aide and advisor to the Mayor who is responsible for direction and control of all City emergency operations during an emergency. The Emergency Manager's primary responsibility is to assure coordination among the operating depaitments, non - governmental groups, and with higher and adjacent governments. Page 3 of 6 Subdivision 9. The Emergency Manager shall prepare and submit such reports on emergency preparedness activities as may be requested by the City Council. Subdivision 10. The Emergency Manager shall complete training as required for State Certification as an Emergency Manager, and shall meet other such state and/or federal training as required. The City shall provide opportunities and resources to attend the training as a condition of employment. SECTION IV LOCAL EMERGENCIES Subdivision 1. Only the Mayor of the City of Stillwater or their legal successors may declare a local emergency. It shall not be continued for a period in excess of three days except by or with the consent of the governing board of the political subdivision. Any order or proclamation declaring, continuing, or terminating a local emergency shall be given prompt and general publicity and shall be filed promptly by the chief of the local records - keeping agency of the City. Subdivision 2. A declaration of a local emergency shall invoke necessary portions of the response and recovery aspects of the City Emergency Operation Plan, and may authorize aid and assistance thereunder. Declaration of a local emergency shall allow City officials to utilize resources necessary to respond to the immediate need of the community, including reassigning staff, reallocating equipment and supplies, and authorizing emergency expenditures of general City funds within predetermined limits by the City Administrator or their designee. This declaration also requires immediate and ongoing record keeping and documentation of all actions taken and resources utilized in response to the emergency or disaster. SECTION V EMERGENCY REGULATIONS Subdivision 1. Whenever necessary to meet a declared emergency or to prepare for such an emergency for which adequate regulations have not been adopted by the Governor or the City Council, the Council may, with the assistance of the City Attorney, by resolution, promulgate regulations, (consistent with applicable federal or state law or regulation,) related to: a.) the conduct of persons and the use of property during emergencies and; b.) the repair, maintenance, and safeguarding of essential public services, emergency health, fire, and safety regulation, drills, or practice periods required for preliminary training, and; c.) all other matters which are required to protect public safety, health, and welfare in declared emergencies. Subdivision 2. Every resolution of emergency regulations shall be in writing: shall be dated; shall refer to the particular emergency to which it pertains, if so limited, and shall be filed in the Office of the City Clerk, which copy shall be kept posted and available for public inspection during normal business hours. Notice of the existence of such regulation and its availability for inspection at the Office of the City Clerk shall be conspicuously posted at the front of City Hall or other headquarters of the City or at such other places in the affected area as the Council shall Page 4 of 6 designate in the resolution. By like resolution, the Council may modify or rescind any such regulation. Subdivision 3. The City Council may rescind any such regulation by resolution at any time. If not sooner rescinded every such regulation shall expire at the end of 30 days after its effective date or at the end of the emergency to which it relates, whichever comes first. Any resolution, rule, or regulation inconsistent with an emergency regulation promulgated by the Council shall be suspended during the period of time and to the extent such conflict exists. During a declared emergency, the City is, notwithstanding any statutory or charter provision to the contrary, empowered, through its governing body acting within or without the corporate limits of the City, to enter into contracts and incur obligations necessary to combat such disaster by protecting the health and safety of persons and property and providing emergency assistance to the victims of such disaster. The City may exercise such powers in the light of the exigencies of the disaster without compliance with the time consuming procedures and formalities prescribed by law pertaining to the performance of public work, entering rental equipment agreements, purchase of supplies and materials, limitations upon tax levies, and the appropriation and expenditure of public funds including, but not limited to, publication of resolutions, publications of call for bids, provisions of personnel laws and rules, provisions relating to low bids, and requirement for budgets. SECTION VI EMERGENCY MANAGEMENT A GOVERNMENTAL FUNCTION All functions thereunder and all other activities relating to emergency management are hereby declared to be governmental functions. The provisions of this section shall not affect the right of any person to receive benefits to which he would otherwise be entitled under this resolution or under worker's compensation law, or under any pension law, or the right of any such person to receive any benefits or compensation under any act of Congress. SECTION VII PARTICIPATION IN LABOR DISPUTE OR POLITICS The emergency management program shall not participate in any form of political activity, nor shall it be employed directly or indirectly for political purposes, nor shall it be employed in a labor dispute. Page 5 of 6 SECTION VIII REPEAL This resolution supercedes and replaces any Resolution previously in force. SECTION IX EFFECTIVE DATE This resolution shall take effect upon approval by the City Council of the City of Stillwater this 15th day of March, 2011. ATTEST: Diane F. Ward, City Clerk Ken Harycki, Mayor Page 6 of 6 MEMORANDUM TO: Mayor and City Council FROM: Torry Kraftson, Assistant City EngineerK DATE: March 10, 2011 RE: Bid Award Sewer Interceptor II Rehabilitation Project (Project 2010 -08) DISCUSSION: The sanitary sewer interceptor was constructed in 1959 to prevent wastewater from directly entering the Saint Croix River. The pipe has many leaking joints which allow ground water inflow into the sanitary sewer system particularly during high water levels. This inflow increases the City's wastewater treatment costs and reduces the capacity of the treatment plant. The interceptor runs beneath the parking lots between Elm Street and Nelson Street. It is planned to have the sewer rehabilitation completed prior to the start of the Flood Control Project. Plans were prepared and bids for the project were opened on Thursday, March 3, 2011. The City received seven bids with the low bid of $540,997.00 submitted by Burschville Construction of Hanover, Minnesota. (See attached resolution). The engineer's estimate was $400,000.00. The project bid included an alternate for a bypass manhole at the Nelson Street Lift Station. The bypass manhole would allow the wastewater flow to be pumped around the lift station for easier maintenance of the pumps and lift station. The Nelson Street lift station handles wastewater from all of the City except a portion of the South Hill. The bid for the bypass manhole was $82,500 and would be paid for from lift station improvement from the sanitary sewer capital outlay fund. The City was awarded a grant for inflow reduction from the Met Council for $106, 236, which would be reimbursed after the project. The City can receive flood grant funding from the DNR to reimburse half of the interceptor rehabilitation cost that is not covered by the Met Council grant. The DNR reimbursement would be an estimated $175,000 and the remaining cost to the City would be $175,000, to be funded from the downtown sewer lining in the sanitary sewer capital outlay fund. RECOMMENDATION It is recommended that the City accept the bids submitted for the Sewer Interceptor II Rehabilitation Project (Project 2010 -08) and award the contract to Burschville Construction with a low bid of $540,997 to be paid from the sanitary sewer capital outlay funds designated for lift station improvement and for downtown sewer lining. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting the Resolution 2011- ACCEPTING BID AND AWARDING THE CONTRACT FOR THE SEWER INTERCEPTOR II REHABILITATION PROJECT. ACCEPTING BID AND AWARDING CONTRACT FOR SEWER INTERCEPTOR II REHABILITATION PROJECT (Project 2010 -08) WHEREAS, pursuant to an advertisement for bids for the Sewer Interceptor II Rehabilitation Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement; BIDDER BID AMOUNT Burschville Construction, Hanover, MN $540,997.00 Stocker Excavating, Inc., Savage, MN $571,654.20 Minger Construction, Inc., Chanhassen, MN $585,130.00 Geislinger and Sons, Inc., Watkins, MN $708,307.00 Lametti and Sons, Inc., Hugo, MN $712,243.00 Penn Contracting, Inc., Blaine, MN $807,944.00 Engineering & Construction Innovations, Inc., St. Paul, MN $818,460.00 ENGINEER'S ESTIMATE $400,000.00 and WHEREAS, it appears that Burschville Construction of Hanover, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Burschville Construction of Hanover, Minnesota in the name of the City of Stillwater for the improvement of sanitary sewer interceptor to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 15th day of March 2011. Ken Harycki, Mayor ATTEST Diane F. Ward, City Clerk CROIX RIVER CROSSING PROJECT Annual Project Summary Report (March 1, 2010 through February 28, 2011) This Annual Project Summary Report for the St. Croix River Crossing Project is developed in accordance with the Amended Section 106 Memorandum of Agreement (MOA), the Riverway Memorandum of Understanding (MOU), the 2006 Supplemental Final Environmental Impact Statement (SFEIS) and the Federal Highway Administration's (FHWA) Record of Decision (ROD). This report describes the actions taken by FHWA, Mn/DOT, WisDOT and other agencies between March 1, 2010 and February 28, 2011 to implement the St. Croix River Crossing Project and the mitigation commitments. This report has been distributed to the signatories of the MOA and MOU's and members of the Stakeholder Group. This report is also available on the project's Web site. Attachments to this report include: • The St. Croix River Crossing Project layout • Total Project Cost Estimate, dated February 2011 • Summary of Preferred Alternative Mitigation Items — Implementation Status, dated Feb. 4, 2011 • Status of Cultural Resources Mitigation chart, dated Jan. 5, 2011 • Mn/DOT Suspension Strategies chart, dated Feb. 18, 2011 Major actions either ongoing or completed this past year include the following: Sierra Club complaint against FHWA and NPS • Judge Davis's ruling on March 11, 2010, dropped five of six counts. The one remaining count is against the National Park Service (NPS) for a new evaluation of the project under the Wild and Scenic Rivers Act. Page 1 of 7 • Sierra Club complaint — Department of Justice appealed May 10, 2010, Sierra Club appealed May 25, 2010 • The Sierra Club and Department of Justice appeals of Judge Davis's March 11, 2010 ruling were dropped on June 29, 2010. For details on the Sierra Club's complaint against FHWA and NPS, go to: http: / /www. dot. state.mn.us / metro /projects /stcroix/documents.html NPS actions due to Sierra Club complaint • FHWA requested new Section 7(a) from NPS —April 6, 2010 New Section 7(a) project visualizations to NPS. Renderings can be found at: http: / /www.dot. state.mn.us/ metro /projects /stcroix/photorend. html • NPS's new Section 7(a) Determination —Oct. 15, 2010 - Adverse and direct effect, no approval of project Other federal agencies cannot approve the project - Congress must exempt the project from the Wild and Scenic Rivers Act for the project to proceed - For details on the NPS new Section 7(a) Determination, go to: http: / /www. dot. state.mn.us / metro /projects /stcroix/documents.htm 1 Schedule In October, suspension strategies were developed in reaction to the negative Section 7(a) Determination, which disallowed the project to proceed. The Mn/DOT Suspension Strategies identify which project activities made sense to suspend or continue until a logical end point. See attached "stcroix- suspension strategies- 2- 18 -11" chart. Congress must exempt the project from the Wild and Scenic Rivers Act for the project to proceed. Mitigation Items A) Lift Bridge Related: • Lift Bridge — Endowment Account — Annual Report dated December 2010. See the report at: http: / /www. dot .state.mn.us /govrel /reports.html This Endowment Account activity is one of the project's mitigation items and is described in the Lift Bridge Management Plan at: http: / /www.dot. state.mn.us /metro /prof ects /li ftbridge /pdfs /Final %20Stillwater %20Lift %20Br idge% 20Management %20Plan %20(March %202009).pdf • Lift Bridge Conversion Project (planned for 2017): Developed the environmental document (categorical exclusion) Completed a 4(0 Temporary Occupancy letter with the city of Stillwater Work suspended per Mn/DOT Suspension Strategies • Lift Bridge Stabilization Project (planned for 2012): The environmental document (categorical exclusion) is in development. For details, see: http://www.dot.state.mn.us/metro/projects/liftbridge/ • The Lift Bridge mitigation item is described in the Amended Section 106 MOA at: http: / /www. dot. state.mn.us / metro /projects /stcroix/pdfs /stcroix- amended 106moa5- 16- 06.pdf B) Scenic Overlook— Historic Preservation Plan— December 2010. For plan details, go to: http: / /www. dot. state.mn.us / metro /projects /stcroix/documents.html Page 2 of 7 C) Stillwater Cultural Landscape District Illustrative (SCLD) Study —In development with completion expected by summer 2011 D) Shoddy Mill and Warehouse relocation project: • Stakeholder coordination • Planset development • City of Stillwater —cost participation • U.S. Army Corps of Engineers permit application • MPCA permit application • Advertised Aug. 16, 2010 • Mn/DOT letting on Sept. 2, 2010 • Contractor bids were rejected due to lack of qualified contractors • Permits are currently on hold pending resolution of federal issues For details on the Shoddy Mill and Warehouse relocation, go to: http: / /www. dot. state. mn. us/ metro/projects /stcroix/documents mill.html Design Issues A) Roadway Wisconsin: Design Study Report completed in March 2010 Minnesota: Final Roadway Design related activities: • Subsurface Utility Investigation completed in May 2010 • Layout updated to eliminate the railroad realignment near the Xcel King Plant. The project will not impact the existing railroad track. B) New River Crossing Bridge 1.) Refinement of extradosed bridge concept: Mn/DOT and WisDOT worked with the consultant team to develop information necessary to refine the conceptual design for the New River Crossing Bridge. As part of the project's Continued Stakeholder Involvement, the team also worked with a Visual Quality Advisory Committee (VQAC) comprised of the cities of Oak Park Heights, Stillwater and Bayport; Town of St. Joseph, NPS, FHWA and MnSHPO. The refinement work included: 1.) Bridge design criteria 2.) Lane and bridge shoulder configurations 3.) Trail configuration 4.) Three vs. two pier columns 5.) Lighting for bridge Photo renderings of the new river crossing bridge can be found at: http: / /www.dot.state.mn. us/ metro /projects /stcroix/photorend.htm l 2.) Preliminary Design of the New River Crossing Bridge and an update to the Visual Quality Manual began in December 2010 3.) Load Testing Program A bridge foundation load testing program was developed to gather design data for the new river bridge. The program would include constructing and testing, then removing, bridge Page 3 of 7 foundation elements in the river. Foundation design data would allow for more refined foundation designs and assist contractors in preparing bids with fewer contingencies thereby reducing bridge costs. • A Contested Case Hearing on the MnDNR permit was requested by the Oak Park Height's mayor in February 2010, thereby suspending the MnDNR permit until completion of the hearing process for the load testing program. • Load Testing Program— contested case mediation —April 20, 2010 • Load Testing Program— contested case discovery phase in June 2010 • A Contested Case Hearing was set for August 2010; the mayor of Oak Park Heights withdrew his permit objection on the day of the hearing which ended the case. • MnDNR re- issued the permit in August 2010. • A U.S. Army Corps of Engineers permit was requested in August 2010. • Permits are currently on hold pending resolution of federal issues. Details on this load testing program can be found at: http://www.dot.state.mn.us/metro/projects/stcroix/status.html Right of Way Issues • A demolition contract for three Minnesota residential properties was advertised on Aug. 27, 2010 and the properties were removed in October 2010. • Property was acquired in Minnesota between Highway 95 and the river. • A demolition contract for Minnesota residential property for asbestos /regulated waste abatement was issued in June 2010. Permitting Issues Water Quality Management Advisory Committee (WQMAC) meetings —for details see: http://www.dot.state.mn.us/metro/projects/stcroix/wqmac.html The WQMAC's purpose is to provide a coordinated process for water quality permits and considerations under the multi jurisdictional environment of this project. The WQMAC has met several times this year, but meetings are currently suspended pending the resolution of the federal issues. Communications/Business Liaison Issues A) Business Group /Citizen Meetings 1.) Engineering Expo in Mahtomedi 2.) White Bear Lake Rotary Club 3.) I -94 Gateway Corridor Commission 4.) Business Liaison — project update distributed via E- Update found on: http://www.dot.state.mn.us/metro/projects/stcroix/status.html B) Highway 36 Business Group meeting held on Sept. 23, 2010—coordinated project related issues 1.) Mn/DOT identified a Business Liaison for the project to address Minnesota Statute 160.165 found at https: / /www.revisor.mn.gov /statutes / ?id= 160.165. The purpose of the Business Liaison is to involve businesses in the project development process, keep businesses informed regarding project issues and help businesses understand a project and its potential Page 4 of 7 impacts. Beth Petrowske is the project's Business Liaison. She can be reached at 651 -234- 7508. 2.) Press interviews related to the new Section 7(a) Determination and project development activities 3.) Project Web site updates to http: / /www. dot. state.mn.us /metro /projects /stcroix/ and http: / /www. dot. state.mn.us /metro /projects /liftbridge/ Other Project Issues A) Total Project Cost Estimate revisions —for the new river bridge and approaches. See attached Total Project Cost Estimate, dated February 2011. B) Innovative Financing Feasibility Study — consultant study to address MN Legislation: Chapter 351 –S.F. No. 2540, Sec. 71 —Report on Financing of Bridge Construction — Feasibility Study of Value Capture Options/PPP /Tolling —for study details see: http: / /www. dot .state.mn.us /govrel /reports.htm l For questions about the study, contact Brad Larson at 651- 366 -4821 C) Animations Animations and scripts continue to be revised for the new river bridge, with its two pier columns, trail location and lighting. Animations can be found at: http: / /www.dot.state.mn.us /metro / projects /stcroix/visualanim.htm l D) Annual Report Annual Project Summary Report distributed and is at: http: / /www. dot. state.mn.us / metro /projects /stcroix/documents.html E) The Coalition for St. Croix River Crossing • Purpose: The Coalition for St. Croix River Crossing was organized exclusively for charitable, scientific and education purposes: - To educate fellow citizens about the benefits of building the new St. Croix River Crossing - To organize community support for the project in both Minnesota and Wisconsin - To communicate support for a new St. Croix River Crossing to federal and state representatives • Membership: The Coalition for St. Croix River Crossing includes supporters from the following groups: city governments, county governments, chambers of commerce, unincorporated governments, businesses, organizations and residents. • Committee Structure: - Executive Committee: Co- chairs: Ken Harycki and John Soderberg - River Crossing Committee For questions on The Coalition for St. Croix River Crossing, contact co- chairs Ken Harycki at 651- 430 -8800 or John Soderberg at715- 246 -6901. Page 5 of 7 Next Steps for the Upcoming Year Timetable for implementation will be determined by FHWA, Mn/DOT and WisDOT 1.) Mn/DOT Suspension Strategies implemented for project activities. See attached "stcroix- suspension strategies- 2- 18 -11" chart. • See attached "Summary of Preferred Alternative Mitigation Items — Implementation Status ", dated Feb. 4, 2011 • See attached "Status of Cultural Resources Mitigation" chart Jan. 5, 2011 2.) Communications - Related: a) Continue with news releases, Web site updates, formal and informal communications b) Business Liaison - related activities c) E- Updates d) Animation update - related activities 3.) Project Management: Manage schedules, resources, cost estimates, deliverables, reporting, etc. developed within the framework of the project's organizational chart including regular meetings of functional groups, Project Staff Team, Oversight Committee and Executive Team. 4.) Continued Stakeholder Involvement Project Team Contact information Mn/DOT: Todd Clarkowski 651- 234 -7714 Todd.Clarkowski @state.mn.us Adam Josephson 651- 234 -7719 Adam.Josephson @state.mn.us Monty Hamri 651- 234 -7631 Monty.Hamric state.mn.us Beth Petrowske 651- 234 -7508 Beth.Petrowske @state.mn.us WisDOT: Paul Conlin 715- 833 -5364 Paul.Conlin @dot.wi.gov Tom Beekman 715- 836 -4628 Thomas.Beekman @dot.wi.gov Dave Solberg 715- 836 -5366 David.Solberg @dot.wi.gov Chris Ouellette 715- 833 -9814 Chris.Ouellette @dot.wi.gov FHWA: Romeo Garcia 651- 291 -6125 Romeo.Garcia @dot.gov Brian Hogge 651- 291 -6114 Brian.Hogge @dot.gov Project specific information, including the current project status, can be found at http: / /www.dot.state.mn.us /metro /projects / stcroix/ Page 6 of 7 his pho2b si, 'ation is based on desigp on avadJbte4une 2010 and does not earance of the new river crossing. Aerial View of King Plant Looking West � Proposed View of new River Crossing Bridge ProjectWise: /36/ 8214 / 114 /predesign/projectmanagment/ areamanagement /annual project_summary_report/stcroix- annual report for march 2011rev5.doc Page 7 of 7 St. Croix River Crossing Project -- Mn /DOT Suspension Strategies (given NPS's 10 -15 -10 Section 7(a) negative Determination) Action to be taken: Continue Suspend Congressional Action because of NPS's Section 7(a) X SFEIS X Staff Approved Layout X Mitigation Implem Design Activities: R/W: Lift Bridge Conversion Project -- CatEx development X X Lift Bridge Stabilization Project -- CatEx development -FY13 - Final Bridge Design, specs, estimate X X Shoddy Mill & Warehouse Relocation - placeholder letting of June 2011 X X SCLD illustrative study - 85% complete X X Roadway: Construction limits development, Utility Coordination X X New River Bridge: STIP Info X Load Testing Program - placeholder letting of June 2011 X X Amendment to PB Americas for Preliminary Bridge Plan/VQM X X Partnership Agreement amendment for D -B -B, pending WisDOT signature X Permitting: Purchase of R/W between TH 95 and the river - complete appraisals only. X WQMAC mtgs with permitting agencies - every other month X Other Project Issues: Coalition/Advocacy Group meetings X Project Management Plan X X Financial Plan STIP Info X Monthly Reports X Community & Business Responses Annual Reports - req'd by MOA to be distributed by March 1st each year X X LWD updates X TPCE updates X STIP Info X PPMS scheduling development/maintenance X Website Maintenance X Animations - complete for congressional needs X Project Staff Team monthly mtgs - reduced attendance X Oversight Team monthly mtgs X Executive Team mtgs X Proactive Communication Plan X Citizen Responses X Press Interviews X Constant Contacts Responses X Community & Business Responses X Politician Responses X Consultant Needs/Funding Planning X HPP and state funding tracking /status X MnDOT &WisDOT Partnership Agr.- develop. /maintenance /planning X filename: stcroix- suspension- strategies- 2- 18- 11.xls ST CROIX RIVER CROSSING PROJECT — STATUS OF CULTURAL RESOURCE MITIGATION SFEIS, JUNE 2006 TABLE 11 -1. NRHP - LISTED AND DETERMINED ELIGIBLE PROPERTIES Property Name NRHP Criterion SHPO Number Effects from Preferred Alternative Eligibility Status MOA Stipulated Mitigation Item Status as of December 2010 Log Cabin Restaurant (Club Tara) A WA -OHC -019 Adverse Effect Determined Eligible Completion of NRHP nomination Listed on NRHP as of 12/27/07 Bergstein Shoddy Mill And Warehouse A WA -OHC -001 Adverse Effect Determined Eligible Completion of NRHP nomination Listed on NRHP as of 3/5/08 Stillwater State Prison Historic District C WA -BPC -007 No Adverse Effect NRHP Listed; 22 contributing properties, eight non - contributing No Adverse Effect No Adverse Effect St. Croix Overlook- South A and C WA -OHC -005 Adverse Effect Determined Eligible Completion of NRHP nomination Listed on NRHP as of 12/27/07 William N. Danforth House C WA -SWC -1067 No Effect Determined Eligible No Effect No Effect Fairview Cemetery C WA- SWC -1486 No Effect Determined Eligible No Effect No Effect Stillwater South Main Street Archaeological District (Hersey and Bean Sawmill and Planing Mill Site, Slab Alley) A and D 21WA91 21WA92 21WA100 Adverse Effect (Hersey and Bean Site) No Effect (Slab Alley) Determined Eligible as contributing to Cultural Landscape District and to Archaeological district Completion of NRHP nomination NRHP nomination completed. Not listed on NRHP due to private owner objection Stillwater & St. Paul Railroad A WA -SWC -1503 No Effect Determined Eligible No Effect No Effect St. Croix Boom Site A WA -SWT -004 No Effect National Historic Landmark No Effect No Effect Stillwater Lift Bridge C WA -SWC -322 Adverse Effect NRHP Listed; contributing to Stillwater Cultural Landscape District a) Establish SLBAC b) Condition Assessment, Operations and Maintenance Manual c) Management Plan d) Endowment Fund e) Conversion Project a) 100 percent Completed b) 100 percent Completed c) 100 percent Completed d) 50 percent Completed e) Planned for 2017, if project is permitted Stillwater Commercial Historic District A and C Multiple Numbers Adverse Effect NRHP Listed; 82 properties; Lift Bridge not included Enhanced construction signage, communication plan, optimize Stillwater parking and parking lot in Wisconsin during construction. Items to be completed during construction of St. Croix River Crossing Project, if project is permitted. Stillwater Cultural Landscape District A and C Multiple Numbers Adverse Effect Determined Eligible; 247 contributing properties and 187 non - contributing properties; three contributing archaeological sites; Includes Lift Bridge Illustrative Study Illustrative Study of SCLD to be completed by spring 2011 Nicholas Thelen Farmstead C AHI -46042 Conditional No Adverse Effect Determined Eligible Completion of NRHP nomination Listed on NRHP as of 2/12/09 St. Croix Hilltop Drive -In Theatre C AHI- 129594 No Effect Determined Eligible No Effect No Effect Louis Kriesel Farmstead C AHI- 129596 Conditional No Adverse Effect Determined Eligible Completion of NRHP nomination Listed on NRHP as of 2/12/09 Filename: NRHP - Listed- Elligible- Properties - Status- 1- 5- 11.doc ST. CROIX RIVER CROSSING PROJECT SUMMARY OF PREFERRED ALTERNATIVE MITIGATION ITEMS ---- IMPLEMENTATION STATUS Estimated/Proposed Mitigation Package (I) Agency (65,00,61, 0)) Implementation Schedu le (3) Implementation Status (6) Contract/Agree rnent Stasderd Prseti. tetanal.. Items (see Salim 15.4.1.1 of the SF61S) Wetland replacement Applicable SIn 1.70 T. WARM PIP, During construction ,cbra mussel decontaminati. protocol used during aomtruetron NIn uo, WpDOT. FlIW A Dunn4 c."5.4,4n ,onstru4tmn mmt334t Mussel relocation/NIL. Blazing Star relocation (4) 650,000 MillOOT. WSDOT. FliW A Pri"r ' cn"°' 10% -MUSS4i went planned for 2012, if pe,111111,1 '""''" Fro. ion control tort mtablishm cm Applicable MVDOT W.DOT, FH(6 A During con.1.4on Construcnon con40*0 inverses IMMO* • Preferred Alleferave Malvin. Mem ere. fme Section 15.4.1.2 of Me SFEIS) Removal of Xcel barge unloadum faciliV and mooring cells SI 100 000 STRDOT WisDOT FHW A Durum constructron MOT' beMeen N.N.DOT and Xcel Mitigation for damages to blufflands ro bm y WRl . , p. - eB .11oau.ffnmd 4,50,000 WsDNRCairn County Pior to co ns.cnon ag8t0e% ern CeonmtS p dlerate ft - e d Joint powers agreements between T, WioDNR and Cron . iolrn,,,,D,,,O,, raescttoiroan a. d - removal of Buc.orn sign, partial restoration of Wiseman approach (removal of pavement from cast end of bridge to 5711 35 and portions of CHI E) 560,000 10n/D07, WitDOT, FHWA During conaluction Construction ...et Removal of Tara Terminal building including solid wa. removal $100,0010 RINDOT, WiaDOT, FIDVA Dior to co no.ction 100 %cOMpleted in 2007 00.000,60, 00,06, Kollmer Park: tymeval of non-historic clemmto to ellow revenion to Mahmtl sate" 56,11100 Mn/DOT, WieDOT, FHWA and 5HPOs n,„.....s,motion Cons..., contract River., inensaaton (kosk* for n.petation of nata/cultural resourcm) 1300,000 NPS Mn DNR, WisDNR - , conou lstion with HP. S During construction Joint Powers Aeent with Mn/DOT and (6(6 (1,.) ag ency) Public boat acceso (locstional ritudy, environmental study and wedand mitigation by Mak.) S1,200,000 MAD. During ...ruction ...gime, Agreement with MMDOT and A.D. C,mpletion 06 (006 trail system including .ding of the municipal barge facility property 11000,000 MnDOT, WisDOT, FHWA (.ns.ction of .0) D.,,,,,, .n.tru,,, Cone.ction .ntract - osneiship and maintemnce agreement yet to be dessnined Recrtation, edumtion, and Rivenvay restoration 6250,000 BPS During cons.ction Joint Posen Agnmment with MMDOT and BPS Covalent. on mess. property owned by WisDOT (Buckhom Ravine, closed rename, emit of S111 35) EotimaMd lost value - S.6 000 (5) SO Mn.DOT, WisDOT, FHWA ARer construction 60,5,17 .04 Spill responoe plan 5100.000 NPS During construction Joint Power. Agreement w. Mn DOT and NPS Grewtla Mspilep meat Mstipatlea Ilknas (ate Sect. 15.4.15 00 06, Sri.) Growth management fund - Watm resources Mann Mg protection S2.700.000 Wi'M., a C.i.C...3), UW-River Falla pr.. ....don 811% '1'110'1'. " agreemerlts draf.d .int powers agreement. between M.D0 I, WiaDNR, St, Cm. County, and UW•River Falls. - Loml government planningrnoning support - Greenspace protection program Tnosit ...Inlay May DOT staff support only MWDOT After te.rd of decision (000), 611.,100 constivaion 100% - completed . 2008 .hiragency agmement between Mn/DOT and Me.politan Council Water quality memorandum of understanding (MOD) - water quality permitting MaDOT Prior to construction )01,, - 1,201 e. MMTIOT MOU with RSPCA and St. Croix Basin Team Members Hiderle Resedwere lap.. -Preferred Mersative Mitiptiee Moores (refer te ',needed Bedloe 106 MOA le App.. Goias shuh') Design and construction review' SIIPO R eview of all fmal designs affecting MUG. properties Included in design 511POs Riot to an d during construction Section 106 Amended 1510A Lift Bridge - MorDOT .ntinues ownenhip, onainmnan. and operations *100 Bridge Mn/DOT Ong.. Section 106 Amended MOA - .tabli. Stillwater Lift Tirane Advisory Commit. Mio/DOT Wis1207 FHWA Dim ....etion 100% Completed in 2009 Section 106 Amended MOA - Petfonn condition ...moment Develop operation, snd main.ance manual -- MoODOT Dior b conio.ction 100% completed . 2009 Section 106 Amended MOA - Develop Lift Bridge Management Plan -- MI4DOT W.DOT FHWA Prior to.nstmeion 100°4 completed in 2009 Section 106 Amassed MOA - Ratab.h endowment fund for operation and maintenance fd 000 000 Mn/DOT WIDOT FHWA During ...M.* 50% ompl,, , Endowment ACCt. established in 2009 0.,a, 106 Amended MOA • Capital improvement. with convmsion to pedesManiecycle facility Fundilig committed to under Standee 1.toric Bridge Manmernere Plan 5,10. 61060(0 Al. comdruction Section 106 Amended MOA Log Cabin Reetaunint - parking lot dog* and construction 6250,000 Mn/DOT, W.DOT, FHWA During con...lion Goant agmement between Mn/DOT and OPH for cono.ction Bernstein Shoddy Ma and Warehouse - Potential items include, additional documentation, move or demolition of Shoddy 7.6.11 .04 Warehouee 6200,000 (mcvine cost eefimate) Mn/DOT, MrISH50 Dior to co ns.ction 90% complete, pending Corp OP Engineers permit nation 106 Amended MOA R. Croix Overlook-South • Reams Overlook as ditected in Roadside Rmtoration 0.506 )2005) 8656 000 Mn/DOT W.DOT FHWA During cons.ction Cons.ction .n.M • Develop management plan for maintenan. mol rthabilitation 550,000 M000T Prior to comet. 100% completed in 2011 ,..tio. . Amonda mo,„ - MMIXOT .aino ownenship of site -- Mn/DOT During ...ction Conamcdon con.. Stillwaar Commercial 60,060 00,61,0 • Enhan.d agnane km new Mane and roadways te downtown Stillwater Included in ohmage peeling° Mn.DOT, WisDOT FHWA Dming cons.ction Com.ction con.ct - Conamaion communication plan Mcludee in consauction coos .0,0T W.DOT FHWA Dunne construction Con..mion con.a - Optima. parting on Chearnut and Main S.a. lartlX, Wi.DOT FHWA After cono.ction Section 106 Amended MOA - Provide parking lot at old STII 35/64 ond bop trail in Wisconsin 16,1,6.4 6, loop .il co. NIIIDOT, WXDOT, FHWA Dunne cons.ction Conan... 000602 Stillwater Cultural Landscape Diarict - Complete md diaribu. illus.. study of Cultural Landscape 00,6610 550,000 7.5/DOT, WIDOT, FHWA, and SHP.. Por o ...cton 60%C'nPide - dr 'ft °I study Seon 106 Amended MOA South Main Azchaeologiml Diarict - Develop a condition asseeement and stabilization report for loop .il constmaion Mn/DOT 5300,000 Pam to cynanoction Section 106 Amended MOA • Protect and stabilize Bs, and Bean Archaeological Site prior to use for aaning Included in cono.aion coots Mn/DOT, Wis1707, MIRA Durinn comttection Con..cfion 1060010 • Avoid and minimize effect. to hinoric issourmo in dmign of loop .8 Included in design Mn/DOT WioDOT,FHWA During ...ction Section I. Amended MOA Kama Fannstead - Cons.ction of benn hailed on conc.ts ton:salted in Visual Quaky Manual Included ko coninniction co. hho/DOT, WiaDOT, FHWA During ...ction Section 106 Amended MOA National Register of 60. toric P.m (NRHP) Nom Maio. - Log Cabin, Bergaein Shoddy Min md Warehoune, St. Croix Overlook-South, Sou. Main Archaeolgoical Dion.. Thelon Fammtead, Krie-cl ream stead $20,1100 Mn/DOT, W6DOT Prim to 4.nrmuction 1 00% • completed in 2007 Section 10.5 Amended MOA Lift Bridge publimtion (illuo.ted book on Lin Brag, 150,000 Mn170T, WSDOT During cons.ction Section 06 Amended MOA Develop field guide . Stillwater Cultural Landscape Dpilim (includes St. Croix Overlook- South) 610,000 501, 1)000 During construction Section 106 Amended N10,4 Would &annum.. (see Sea. 7.4.4 of the SFR1S) iitual enhancemmtr unplmrientation of the Visual Guerin Manual - mprea3e allopaRTe aesthetic coa. '- Included in conoMiction cos. N.Inl 0 , I . WisDOT,FHWA During construction ,Rinstructmn contra. ( Funding for mitigstion to be provided by the project, through the tranaponation agencies (FHWA, MWOOT, WisDOT). (2) Agency responoible for implementation of the mitigation item. (3) Implementation schedule d.ils provided in Section 15.4.1 of the 0001S, Memorandum of Aomment and Manorandunno) of Undorotanding. 00 associaMd with this item are imluded in comenoction costs and not in the mitigation total f or the Prete/Ted Alternative. 15) Haim. of excem right of way available for re.ale is 46.6 acres. At S10,000/ame diffeimce in male value betwem developed and undeveloped land amount of lost revenue for Preferred Almmaive S466,000. (6) See Annual Project Summary Reports for details on implementata 7026.00,6,, /nor eressinprnmeniSOEInranalnd•final *00( rnou-rnoa and imp] :talus .0.4,011 M I N N E S O T A A N D W I S C O N S I N D E P A R T M E N T S O F T R A N S P O R T A T I O N O an l.f _ON., ' viii! Chillit.VI VIII I NG PAIV J h, •''o'11" ll■ a Ilium, i '..E REND 'A soma Preened Akernati a 6-t (new 4aro eriege) Total Project Cost Estimate* (1) TH 36 - Oakgreen /Greeley Intersection $15,300,000 (2) Minnesota Approach $65,000,000 (3) River Bridge $292,100,000 (4) Wisconsin Approach $38,400000 CONSTRUCTION COST SUBTOTAL Right of Way Mitigation Estimate Contingency/Risk Engineering $410,800,000 $31,400,000 $26,200,000 $110,000,000 $55,000,000 PROJECT TOTAL $633,400,000 (Potential Cost Range $574 - 690M) STATE SPLITS (0) Minnesota Potential Cost Range 04) Wisconsin Potential Cost Range * Cost inflated to mid point of construction in 2015 (2011 costs +17%) T A T E $320 - 380M $250 - 310M 3/4/2011 WASHINGTON COUNTY BOARD OF COMMISSIONERS Preview of Coming Attractions MARCH 8 Commissioners Lehrke and Weik in Washington D.C. MARCH 15 Commissioner Hegberg Attending the Association of Governmental Risk Pools Conference (AGRIP) Public Hearing — Issuance of CIP Bonds - County Board Considers Resolution to Approve and Set Terms and Conditions of Sale MARCH 15 or 22 Workshop — Library Strategic Planning MARCH 22 Agenda — Information on a Citizen Review Panel Child Abuse Prevention Event at Woodbury Central Park Workshop — Co- Holding Conservation Easements and Project Update MARCH 30 -31 Commissioner Hegberg to Attend the Counties Transit Improvement Board Trip to Washington D.C. Representing Washington County MARCH Workshop — Public Information and Social Media APRIL 19 Consideration and Award of Bonds JUNE 7 2010 Performance Measures and Indicators Report JUNE 14 Transportation Alliance Fly -in to Washington D.C. JUNE 21 County Board of Appeal and Equalization — 5:00 p.m. The County Board will meet as the County Board of Appeal and Equalization at 5:00 p.m. JUNE 28 County Board of Appeal and Equalization — 5:00 p.m. The County Board will meet as the County Board of Appeal and Equalization at 5:00 p.m. FUTURE Workshop - Metropolitan Council Members The County Board will meet with Metropolitan Council members to discuss issues of mutual interest and concerns. Meeting with the City of Newport The County Board will meet with Newport to discuss Red Rock and future park -n- ride /commuter train station in their city. BIDS /REQUEST FOR PROPOSALS March 4 Financial Case Management for Individuals receiving Home and Community Based Services through Medical Assistance (MA) Waivers — Community Services March 11 RFP for Guardians and /or Conservators C: \Documents and Settings \nmanos \Local Settings \Temporary Internet Files\ Content .Outlook \YINAOM9V\Preview.doc Summary of Proceedings Washington County Board of Commissioners March 1, 2011 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; Autumn Lehrke, District 4; and Lisa Weik, District 5. None absent. Board Chair Kriesel presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: - Commissioner Hegberg — reported on the White Bear Lake Study and encouraged the county to participate; toured Whispering Pines, a HRA project to be taken over from the Forest Lake HRA; attended Governor Dayton's meeting at the Government Center last week regarding the flooding issues; - Commissioner Pulkrabek —plans to attend the Finance Committee meeting today following the board meeting; - Commissioner Lehrke — attended meetings last week on the water legacy program, solid waste management, flood preparation, Yellow Ribbon, Solid Waste Management, Governor's flood preparation meeting and a 4 -H fundraiser; will meet with Mayor of St. Paul Park and attend the Cottage Grove City Council meeting; and attend a Highway 61 study with the Minnesota Department of Transportation; - Commissioner Weik — reported the board interviewed for a position for the Board of Adjustment and Appeals today; last week attended the flood preparation meeting at the South Service Center in Cottage Grove; a meeting with Governor Dayton; Solid Waste Management Coordinating Board; and Metropolitan Mosquito Control; reported the Woodbury City Hall meeting held February 24 was well attended; attended the Association of Minnesota Counties Board of Directors meeting and a conference planning meeting; and will attend the Woodbury Lion's meeting dedicated to the memory of Dick Stafford this evening; - Commissioner Kriesel — welcomed the Sunrise Rotary who was given a tour of the new courts facilities this morning; attended the Association of Minnesota Counties Complete Streets Committee meeting, the Veteran's Rest Camp to discuss budget issues and the Lower Valley Alliance meeting with a presentation by the Corps of Engineers and county staff on flood preparation. Community Services Approval of the following actions: - Amend the guardianship fees set out in Administration Policy #1032, Community Services fee schedule; - Resolution No. 2011 -026, authorizing receipt of $5000 in grant funding from the Minnesota Department of Veterans Affairs. General Administration Approval of the following actions: - Moment of silence for former County Commissioner R. H. Stafford who passed away on February 24, 2011; Bob Tatreau and Bob Ellenwood, Woodbury, spoke against the Counties Transit Improvement Board and the 1/4 cent sales tax; - February 15, 2011 County Board meeting minutes with amendment; - Resolution No. 2011 -018, 2010 quarterly donations, gifts, and bequests; - Fly flag at half staff in honor of Commissioner Stafford; - Legislative update on updated budget forecast showing a $1.2 billion decrease in the deficit; Representatives Kriesel and Lohmer to co- author a bill to provide administrative simplification to save the county money; a metro technology bill to be introduced by Representative Mack, the bill would develop on -line tools for the public to access to do an initial screening for potential eligibility and create a centralized call center; Board correspondence was received and placed on file. Human Resources Approval to revise Washington County Personnel Rules and Regulations Section 8 — Probation and Regular Status. Property Records & Taxpayer Services Approval of the following actions: - Renew on sale and Sunday liquor licenses for Stoneridge Golf Club for the period of April 1, 2011 through March 31, 2012; - Renew on sale and Sunday liquor licenses for Withrow Ballroom Catering Services LLC dba Bergmann Withrow Ballroom & Event Center for the period of April 1, 2011 through March 31, 2012; - Renew on sale and Sunday liquor licenses for SSG Corporation, Holiday for the period of April 1, 2011 through March 31, 2012; - Renew on sale and Sunday liquor licenses for The Point, Inc. for the period of April 1, 2011 through March 31, 2012; - Renew on sale and Sunday liquor licenses for Afton Alps, Inc. for the period of April 1, 2011 through March 31, 2012; Renew on sale 3.2 malt liquor and Sunday liquor license and consumption and display permit for Disabled Veteran's Rest Camp for the period of April 1, 2011 through March 31, 2012. Public Health and Environment Approval to appoint Craig Leiser, Grant, to the Groundwater Advisory Committee as a citizen member, to a first term expiring December 31, 2012. Public Works Approval of the following actions: Resolution No. 2011 -019, Metropolitan Council Grant Agreements for St. Croix Bluffs shower building and campground improvements and for Lake Elmo Park Reserve Winter Recreation Area Planning and Development; Resolution No. 2011 -020, controlled burn of house, 16150 May Avenue, Marine on St. Croix; Resolution No. 2011 -021, final payment for 2025 Campus Improvements Project courtroom audio /video technology; - Work Orders #7, #9, #15 -28, Change Order #6 and Backsheet #1 to the County Road 83 Bridge construction project with Robert R. Schroeder Construction, Inc.; - Amendment #2 with Braun Intertec Corporation in the amount of $9,877.25 for additional geotechnical services on County Road 83 bridge overpass of Interstate 35 construction project in Forest Lake; - Change Order #7 to contract with Parsons Electric, LLC in the amount of $21,240.22, as part of the 2025 Government Center Campus Improvements project; - Change Order #6 to contract with Klamm Mechanical Contractors, Inc. in the amount of $32,781.57, as part of the 2025 Government Center Campus Improvements project; - Change Order #7 to contract with Wasche Commercial Finishes, Inc. in the amount of $13,757, as part of the 2025 Government Center Campus Improvements project; - Change Order #5 to contract with Target Commercial Interiors in the amount of $13,311.25, as part of the 2025 Government Center Campus Improvements project; Change Order #6 to contract with Zintl, Inc. in the amount of $24,824, as part of the 2025 Government Center Campus Improvements project; - Change Order #7 to contract with United Glass, Inc. in the amount of $40,900, as part of the 2025 Government Center Campus Improvements project; Change Order #3 to contract with Paul's Architectural Woodcraft Company in the amount of $2,240, as part of the 2025 Government Center Campus Improvements project; Change Order #5 to contract with Northern Lights Steel Fabrication, Inc. in the amount of $2,716, as part of the 2025 Government Center Campus Improvements project; - Amendment No. 2 to contract with Lockridge Grindal Nauen, P.L.L. (LGN) for federal relations services; - Resolution No. 2011 -023, establish CSAH designation on a portion of 11th Avenue SW /220th Street North and a portion of Everton Avenue North in the City of Forest Lake; - Resolution No. 2011 -024, approve revocation of CSAH designation on CSAH 34 and a portion of CSAH 2 in the City of Forest Lake; - Jurisdictional transfer agreement with the City of Forest Lake; - Resolution No. 2011 -025, supporting construction of the St. Croix River crossing bridge. Sheriff Approval of the following actions: - Resolution No. 2011 -022, City of Cottage Grove, Joint Powers Agreement for the purpose of storage and use of an airboat and trailer; Award a request for proposal to Tiburon, Inc. for a new public safety computer system; - Contract with Tiburon, Inc., for a new public safety computer system to replace the ALERTS system currently used by Washington County. 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"d Street N., Stillwater, Minnesota. Washington County BOARD AGENDA MARCH 8, 2011- 9:00 A.M. Board of Commissioners Dennis C. Hegberg, District 1 Bill Pulkrabek, District 2 Gary Kriesel, Chair, District 3 Autumn Lehrke, District 4 Lisa Weik, District 5 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 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. 3. 9:10 Consent Calendar — Roll Call Vote 4. 9:10 Public Works — Wayne Sandberg, Deputy Director Provide Information Regarding Distribution of Annual Town Road Apportionment 5. 9:15 General Administration - Jim Schug, County Administrator A. Spring Flood Update B. Legislative Update 6. 9:25 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. 9:35 Adjourn * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MEETING NOTICES ** (**Meeting dates, time and locations may change. Contact the Office of Administration or individual agencies for the most current information) Date March 7 March 8 March 9 March 9 March 9 March 10 March 10 Committee Library Board Mental Health Advisory Council Metro Emergency Services Board Metropolitan Library Service Agency Minnesota Inter- County Association Metro Transportation Advisory Board Policy Committee Gateway Corridor Commission Time 6:30 p.m. 4:00 p.m. 10:30 a.m. 12:00 p.m. 2:00 p.m. 12:30 p.m. 3:30 p.m. Location 8595 Central Park Place - Woodbury Washington County Government Center 2099 University Avenue — St. Paul 100 Empire Drive — St. Paul Kelly Inn, Sibley Room, 2nd Floor — St. Paul 390 Robert Street North — St. Paul 8301 Valley Creek Road — Woodbury City Hall Assistive listening devices are available for use in the County Board Room If v.,. nand aeektanra dem to dicahility nr rann,.,na Mrriar nraaca ran !RR 1I ,mn_Rnnn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * MARCH 8, 2011 The following items are presented for Board approval /adoption: DEPARTMENT /AGENCY ITEM Administration A. Approval of the February 22, 2011 Board Meeting minutes. B. Approval of resolution of appreciation for Robert Dettmer in recognition of his service in the United States Army Reserves. Property Records and C. Approval of contract with Pictometry, Inc. for an aerial photography flight in Taxpayer Services spring of 2011. D. Approval of resolution for Application for Exempt Permit of Minnesota Lawful Gambling from Ruffed Grouse Society, Missi -Croix Chapter. Public Health and E. Approval to amend the Public Health & Environment budget by increasing the Environment State Local Recycling Development Grant funds by $108,848.14. F. Approval of $92,356 payment to the Solid Waste Management Coordinating Board (SWMCB) for special project costs. Public Works G. Approval to extend the term of contract #4439 with Northern Air Corporation for plumbing and mechanical services to December 31, 2011. H. Approval of budget amendment for the replacement of the Lake Elmo Park Reserve modern campground well; approve selection of Hartmann Well Company, LLP to perform the well replacement; authorize execution of a contract with Hartmann Well Company, LLP; and authorize execution of the Minnesota Department of Health's acknowledgement letter permitting construction of the new well in the Lake Elmo Park Reserve modern campground. I. Approval of grant application for South Washington Watershed District (SWWD) Coodinated Capital Improvement Program (CCIP) funds for an Oakdale Library retrofit project. Sheriff J. Approval to transfer ownership of Washington County Sheriff's Office K -9 service dog "Reno" to his handler, Deputy Bjorn Erickson. *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. February 24, 2011 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson Matt Beane, Supervisors Jim Hiniker, Linda Countryman and David Johnson, Clerk Kathy Schmoeckel, Engineer Paul Pearson, Treasurer Marsha Olson, Chief of Police Steve Nelson, Park Committee Members Jim Doriott, Bonnie Haines, Rod Hunter, Lori Meyers and Michael Ranalla, Park Manager Rick Jacobson and Deputy Clerk Barb Riehle. An informational meeting was held with the Arcola Heights neighborhood to discuss the proposed disc golf course for Arcola Heights Park. Rod Hunter gave a presentation showing the proposed layout for a low maintenance, inexpensive 9 hole course which will involve low impact to the land. The neighbors present were given the opportunity to ask questions and express their concerns: •They value this as a green space and would like it to remain as it is. •They are concerned about the number of users and if this will increase over time. •This area is not conducive to bringing in people from the outside. • Will there be additional traffic? • Could this be dismantled if it turns out that this is used more than expected? • What about alcohol and drugs? • Would we consider a butterfly garden or something that would attract wildlife? •Is the Stillwater Disc Course an issue? •There are safety considerations with the gravel pit nearby. •The land is hilly with curves and there are traffic concerns. • Would this be the end of development in this park? • What about bathrooms? • What are maintenance costs? •Are there leagues or tournaments? •Would the Frisbees be thrown onto neighboring properties? • We should consider enhancing the natural state of the park. • Signage needs to be added for blind driveways, parking. •There will need to be trash receptacles. • How will this be advertised? Regular Meeting - 1. AGENDA - M /S /P Hiniker /Johnson moved to adopt the agenda as amended. (4 ayes) 2. MINUTES - M /S /P Hiniker /Countryman moved to approve the 2/10/11 Stillwater Town Board Meeting minutes as written. (4 ayes) 3. TREASURER - Stillwater Town Board Mtg. — 2/24/11 Page 2 a) Report given. (Treasurer Marsha Olson had to leave early with a prior commitment and Jim Hiniker gave the report.) b) Audit Engagement Letter - Township revenue has put us over the limit so that we are now required to conduct an audit. We have not had one since 2007 and it may be time to do one anyway. M /S /P Hiniker /Countryman moved to authorize $10,785 for the audit. (4 ayes) c) Checks and Claims The following checks and claims were approved for payment. Claim # Vendor Amount 41486 MJ Raleigh Trucking Inc. $ 35,642.66 4149 Campbell Knutson, PA 1,182.00 41485 On Site Sanitation 48.09 41487 TKDA 2,515.55 4451 Maroneys Sanitation, Inc. 150.90 4452 MFRA 1,533.00 41488 Xcel Energy 166.83 4450 Helmer Printing, Inc. 60.00 4. ENGINEER - a) 110th Street Fiber Optic Application - Paul Pearson reviewed an application to install fiber optics along 110th Street and to the cell tower. He does not see anything out of the ordinary and recommends approval. M /S /P Johnson /Hiniker moved approval of the permit. (4 ayes) b) 2011 Road Work - There was discussion of the possibility of postponing scheduled road work this year in light of our large snowplowing costs. Paul Pearson advised that our roads are designed to have a 20 year life, but it depends on the actual condition of the specific road. He does not see any negative impact in waiting a year to do the scheduled sealcoating on our overall roadway system. More discussion at our next meeting on March 24. 5. CLERK - a) TKDA Rate Increase - M /S /P Countryman /Hiniker moved approval of the requested 2% rate increase for TKDA. (4 ayes) b) Workers' Compensation Premium - M /S /P Johnson /Countryman moved to authorize the chair to sign the insurance premium quotation with a $250 deductible. (4 ayes) 6. PARK COMMITTEE - a) SHIP Grant - M /S /P Countryman /Hiniker moved to authorize the chair to sign the SHIP Grant. (4 ayes) 7. COMMUNICATION COMMITTEE - Lori Meyers reported on their recent meeting. 8. PARK MANAGER - Park Manager Rick Jacobson requested funding for additional banners for the upcoming Easter Egg Hunt and for the Annual Meeting. Stillwater Town Board Mtg. — 2/24/11 Page 3 M /S /P Johnson /Countryman moved to authorize the expenditure of up to $500 to acquire the requested banners. (4 ayes) 9. FLAT SCREEN TV - Johnny's TV will install the new flat screen TV on Wednesday, March 2. 10. WOOD BURNING FURNACES - This issue will be referred to the planning commission. 11. NEXT MEETING - The next Town Board meeting will be March 24th since there will not be a quorum for the scheduled March 10th meeting. M /S /P Hiniker /Countryman moved to authorize the Treasurer and Chair to pay bills they deem appropriate before the next meeting. (4 ayes) Clerk Chairperson Approved