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Home My WebLink About2014-10-28 CC Packet (Changed from 2014-11-04)i 1 1 t e r INF OIRTNFLACE OF MINNESOTA REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North October 28, 2014 (in lieu of November 4, 2014 — Election Day) REGULAR MEETING 4:30 P.M. RECESSED MEETING CANCELLED 7:00 P.M. 4:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. STAFF REPORTS 1. Police Chief 2. Fire Chief 3. City Clerk 4. Community Development Dir. 5. Public Works Dir. 6. Finance Director 7. City Attorney 8. City Administrator IV. APPROVAL OF MINUTES 9. Possible approval of September 16 and October 21, 2014 Executive Session and October 23, 2014 Special Meeting minutes. (Minutes for the October 21, 2014 Regular Meeting will be available on November 16, 2014 for Council approval). V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS VI. 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. VII. CONSENT AGENDA (ROLL CALL) 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. 10. Resolution 2014-177, directing payment of bills 11. Resolution 2014-178, approving agreement with Washington County for Landscaping of Maiming Avenue 12. Possible approval to purchase replacement vehicle for Community Development VIII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. IX. UNFINISHED BUSINESS X. NEW BUSINESS 13. Summer Tuesdays request for invoice reduction XI. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XII. COMMUNICATIONS/REQUESTS XIII. COUNCIL REQUEST ITEMS XIV. STAFF REPORTS (CONTINUED) XV. ADJOURNMENT TO EXECUTIVE SESSION FOR DISCUSSION OF PENDING 2014 STREET IMPROVEMENT APPEALS RESOLUTION 2014-177 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 $370,030.26 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 28th day of October, 2014. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT "A" TO RESOLUTION #2014-177 Page 1 LIST OF BILLS 3D Specialties Inc. Armor Security Inc. Aspen Mills Astleford International Bald Eagle Sportsmens Assoc. Brock White Co. LLC Carquest Auto Parts CDW Government Inc. Century Power Equipment Certified Laboratories Comcast Daley Electric Delta Dental Plan of Minnesota ECM Publishers Elite Exteriors FleetPride Forestry Suppliers Inc. G & K Services Goodyear Commercial Tire GS Direct Inc. Heritage Printing Inc. J.H. Larson Company Kraus -Anderson League of MN Cities Ins Tr Loes Tim Loffler Companies Inc. M.J. Raleigh Truck Co. Menards Metropolitan Mechanical Contractors Midstates Equipment & Supply Miller Excavating Mino Amy MTI Distributing NAPA Auto Parts Natural Resource Group LLC Office Depot Prosperity Companies River Valley Printing Inc. Steel wedge Quarterly Monitoring Service Uniforms Filters Range charges Supplies Miniature Tamp Supplies Parts Best brake aerosol and free aerosol Internet Relocate eletric service AP COBRA November Special meetings/workshops Refund of 80% permit fee Fittings & Hose Paint Mats Tires Copier ink White envelopes PVC & glue Fire station Quarterly Municipality Insurance Grading Escrow Refund Printer copier Lowell Park bathrooms Supplies Maintenance agreement Swivel disk North Mulberry Parking Lot Reimburse for iPad for HPC use Belt conveyor Auto parts and supplies Environmental consulting Office supplies Refund of 80% permit fee Printing and publishing 73.00 218.00 60.45 166.82 300.00 494.89 37.77 353.18 607.63 329.94 216.90 3,900.00 210.50 26.10 100.20 460.23 108.60 75.60 1,897.58 507.35 593.00 118.53 115, 804.88 1,406.00 1,500.00 9,096.00 1,580.50 119.83 2,162.00 123.66 134,317.84 599.00 725.07 735.66 9,215.50 246.63 212.20 432.00 EXHIBIT "A" TO RESOLUTION #2014-177 Page 2 Roberts Company S&T Office Products SKB Environmental SRF Consulting Group St. Paul Police Department PDI Stillwater Rotary Club The Alternator & Starter Store Tri-State Bobcat UPS USAble Life WalMart Community Waste Management - Blaine Wulfing David LIBRARY Baker and Taylor Blackstone Audio Brodart Co CDW Government Inc. Jones Kristen Midwest Tape Quill Corporation Van Paper Company Washington County Library Weston Woods Studios ADDENDUM C. Hassis Yard Services CDW Government Clark, Dan Hartman Homes International Code Council Loffler Magnuson Law Firm RW Kirchner & Associates S&T Office Products Stillwater Collision Summer Tuesdays Verizon Wireless Washington County Road & Bridge Washington County Transportation Xcel Energy Name bar and serving since bar Office supplies Contaminated soil Barge terminal property plan update Training course 4th qtr dues Repair alt parts Bobcat VIB roller Shipment Term Life Insurance Gift cards and supplies Roll- off Lowell Park restrooms Reimburse for K9 boarding Materials Materials Materials Scanner Reimbursement Materials Office supplies Janitorial supplies Materials Materials Yard clean up Fax machine & Black Box Custodian Grading Escrow Refund 12 IBC loose leaf Uninterruptible power supply Professional Service Appraisal Reports Toner for copier & batteries 2012 Dodge Charger repair Refund of adj for actual cost of event Cell Phones Damage done by snow plow Traffic services Energy 72.70 236.89 7,238.67 2,614.77 510.00 186.15 50.00 1,485.00 6.05 432.00 261.37 50.00 40.00 583.06 81.16 629.82 127.69 98.24 111.28 151.18 464.96 246.84 26.96 748.15 908.76 528.75 1,500.00 263.00 5,935.00 11,294.85 5,000.00 107.07 11,769.03 54.01 1,576.11 542.99 45.63 24,919.08 TOTAL 370,030.26 EXHIBIT "A" TO RESOLUTION #2014-177 Page 3 Adopted by the City Council this 28th Day of October, 2014 STAFF REQUEST ITEM Department: Community Development Date: October 27, 2014 DESCRIPTION OF REQUEST (Briefly outline what the request is) Replace Community Development Director's Ford F-150 with a Jeep Cherokee Latitude. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) $29,209 (including tax and title) total cost. Funds to come from: $6,060.25 - $23,148.75 - Insurance and salvage value for F-150 Unspent bond proceeds ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: B DL Date: October 27, 2014 Fury Dodge 11144 Stillwater Lake Elmo, 651-777-1316 GUEST INFORMATION Chrysler Lake Blvd MN 55042 Elmo N Date 10/27/2014 Satosperson: Bob Holman Name Bill Tumbled Address City, Stillwater State MN Zip. 55082 Home t Work it: (651) 430-8821 Cell t E -Mail bturnblad@ci.stillwater.mn,us Driver's License No, VEHICLE DESCRIPTION Make. Jeep made': Cherokee year 2015 Color Granite Crystal Met Mileage' 5 Stock No: 415028 VIN: 1C4PJMCSXFW523922 TRADE DESCRIPTION Trade Make. Trade Model Trade Year Trade Color. Trade,ilea. Trade VIN , , IVIarket Value 30,775.00 Down Payment $0.00 $1,000.00 53,000.00 55,000.00 Discount 1,919.00' 1 / 0 $27431,$26,431.$24,431.$22,431.Q, ebate 1,500.00 1 / 0 527,431 26,43 .s: 524,431. $22,431.S Accessories 0.00 1 / 0 527,431.A$26.431.4$24,4311$22,431.(efj Adjusted Sate Price 27,356.00 Trade Value 0.00 1 / 0 $27,431.A$26,431,(4$24,431,A$22,431ii Trade Differerwe 27,356.00 Payments are esti nates based on vary based on lender credit approval average inte Please see est rates. Payments may contract for exact figures Wan -a nty Tax 0.00 Tag Doc Inspection 75.00 Tracte8atance 0.00 Tag Fee Est 0.00 Net Sales Price 27,431.00 Down Payment 0.00 Balance Remaining 27,431.00 Balance Due is an estimate based on the information above. Please see contract for exact figures. Guest Approval Management Approval -WO Lorift, ApprovAr Lk6 D 1809-A PLANT ZONE TOLEDO NORTH 74 SHIP FURY STILLWATER TO: 14702 60TH ST N OAK PARK HEIGHTS CHRYSLER GROUP LLC INVOICE DEALER 26817 VEHICLE ID NUMBER 1C4PJMCSXFW523922 55082 - SOLD FURY STILLWATER TO:14702 60TH ST N OAK PARK HEIGHTS MN 55082 - PAID FOR BY: BANK OF AMERICA CREDIT SALE XX CASH SALE INVOICE NO. F-KLJ-31711081 INVOICE DT. 08/11/14 IGN KEY M1097 TRK KEY ACC KEY 0104 2462-01-8F11 SHIPPING WT. 3966 SAE HP 34.3 000-053000-00 BODY & EQUIP. DESCRIPTION FACTORY WHOLESALE PRICE KLJM74 PAU A5X9 ADE DFH EHB NAS RA3 YGS 2TJ 26J 001 JEEP CHEROKEE LATITUDE 4X4 Granite Crystal Met Clear Coat Paint Premium Cloth Bucket Seats Cold Weather Group 9 -Speed FWD/AWD Automatic Trans 3.2 -Liter V6 24 -Valve VVT Engine 50 State Emissions Uconnect 8.4A AM/FM/SXM/BT 3 Additional Gallons of Gas Customer Preferred Package 2TJ Customer Preferred Package 26J DESTINATION CHARGE HB 89300 MDH # 081002 EP 28309 PP 29498 25,819.00 NO CHARGE 723.00 NO CHARGE 1,542.00 632.00 10,00 995.00 MSRP RETAIL TOTAL 30,775.00 TOTAL 29,721.00 ORIGINAL INVOICE THIS VEHICLE IS MANUFACTURED TO MEET SPECIFIC UNITED STATES REQUIREMENTS. THIS VEHICLE IS NOT MANUFACTURED FOR SALE OR REGISTRATION OUTSIDE THE UNITED STATES. Jeep 2015 MODEL YEAR CHEROKEE LATITUDE 4X4 PRICE INFORMATION MANUFACTURER'S SUGGESTED RETAIL PRICE OF THIS MODEL INCLUDING DEALER PREPARATION 1 Base Price: $ 26,595 1 PRICE INFORMATION (contd.) JEEP CHEROKEE LATITUDE 4X4 Exterior ColorGranite Crystal Metallic Clear Coat Exterior Paint Interior Color:Black Interior Color lnterior:Premium Cloth Bucket Seats Engine:3.2-Liter V6 24 -Valve VVT Engine with Stop/ Start Transmission:9-Speed FWD/AWD Automatic Transmission STANDARD EQIJ If MENI (UNLESS REPLACED BY OPTIONAL EQUIPMENT) FUNCTIONAL/SAFETY FEATURES ParkVlew(TM) Rear Back-up Camera Advanced Multistage Front Airbags Supplemental Side.Curtain Front and Rear Airbags Supplemental Front Seat -Mounted Side Airbags Supplemental Rear Seat Side Airbags Passenger Inflatable Knee -Bolster Airbag Driver Inflatable Knee -Bolster Airbag Keyless Entry with Panic Alarrn Anti -Lock 4 -Wheel Disc Brakes Jeep Active Drive I Electronic Roll Mitigation Selec-Terrain System All Speed Traction Control Hill Start Assist Trailer Sway Damping Speed Control Tire Pressure Monitoring Display INTERIOR FEATURES Uconnect(R) 5.0 AM/FM/BT 5.0 -Inch Touchscreen Display Integrated Voice Command with Bluetooth(R) USB Charging Port in Console Bin Audio Jack Input for Mobile Devices 12 -Volt Cargo Power Outlet Remote SD Card Slot Rearview Mirror with Microphone Ambient LED Interior Lighting Manual 6 -Way Driver Seat 6 -Way Manual Passenger Seat Adjust Leather -Wrapped Steering Wheel Steering Wheel Mounted Audio Controls Tilt / Telescope Steering Column Cluster 3.5 -Inch TFT Black and White Display Power Front Windows w/ 1 -Touch Up and Down Feature Illuminated Front Cup Holders Jeep Cargo Management System EXTERIOR FEATURES 17 -Inch x 7.0 -Inch Aluminum Wheels 225/65R17 BSW All Season Tires Bi -Function Halogen Projector Headlamps Automatic Headlamps LED Daytime Running Headlamps LED Tail Lamps Bright Exhaust Tip OPTIONAL EQUIPMENT Customer Preferred Package 26J Cold Weather Group Remote Start System Heated Front Seats Heated Steering Wheel All -Season Floor Mats Windshield Wiper De -Icer Power Heated Mirrors Engine Block Heater 3.2 -liter V6 24 -Valve VVT Engine with Stop/Start Stop / Start System Dual Bright Exhaust Outlets Uconnect(R) 8.4A AM/FM/SXM/BT Remote USB Port SiriusXM Satellite Radio w/ 1 -Yr Radio Subscription For More Information, Call 800.643-21 12 NAV -Capable. See Dealer for Details Uconnect(R) Access 6 -Month Trial (Reg Required) For Details, Visit www.DriveUconnect.com DESTINATION CHARGE $ 995 TOlAL PRICE:* S 30,775 $ 795 $ 1,695 S 695 Asssnibly PariVPvri+rf Entry:TOLEDO, OHIO, U.SA Vitt iC4PJMCSXFw523922 La-VON'1D81 This window sticker may or may not match the actual window sticker on the vehicle itself. We reserve the right to make 'STATE ANDIOR LOCAL TAXES. IF ANY. LICENSE AND TITLE FEES AND DEALER SUPPLIED AND INSTALLED OPTIONS AND ACCESSORIES ARE NOT INCLUDED IN THIS PRICE. DISCOUNT. i 1 1 a t e r INF OIRTNFLACE OF MINNESOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North October 28, 2014 (in lieu of November 4, 2014 — Election Day) REGULAR MEETING 4:30 P.M. RECESSED MEETING CANCELLED 7:00 P.M. 4:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. STAFF REPORTS 1. Police Chief 2. Fire Chief 3. City Clerk 4. Community Development Dir. 5. Public Works Dir. 6. Finance Director 7. City Attorney 8. City Administrator IV. APPROVAL OF MINUTES 9. Possible approval of September 16 (available Tuesday) and October 21, 2014 Executive Session and October 23, 2014 Special Meeting minutes. (Minutes for the October 21, 2014 Regular Meeting will be available on November 16, 2014 for Council approval). V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS VI. 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. VII. CONSENT AGENDA (ROLL CALL) 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. 10. Resolution 2014-177, directing payment of bills 11. Resolution 2014-178, approving agreement with Washington County for Landscaping of Manning Avenue VIII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. IX. UNFINISHED BUSINESS X. NEW BUSINESS 12. Summer Tuesdays request for invoice reduction XI. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XII. COMMUNICATIONS/REQUESTS XIII. COUNCIL REQUEST ITEMS XIV. STAFF REPORTS (CONTINUED) XV. ADJOURNMENT TO EXECUTIVE SESSION FOR DISCUSSION OF PENDING 2014 STREET IMPROVEMENT APPEALS i 1 1 a t e r INF OIRTNELACE OF MINNESOTA SPECIAL CITY COUNCIL MEETING MINUTES October 23, 2014 SPECIAL MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Menikheim, Kozlowski, Weidner, Mayor Harycki Absent: Councilmember Polehna Staff present: City Attorney Magnuson and City Clerk Ward OTHER BUSINESS City Administrator Hiring Process — Richard Fursman, Brimeyer-Fursman Richard Fursman, Brimeyer-Fursman explained the recruiting and screening platform for the City Administrator position as well as the City Administrator profile with the City Council. Mr. Fursman provided the Council recent salary information for City Administrator positions. The Council raised the question about the possibility of change on the Council due to the upcoming Election. Mr. Fursman suggested that any new members of Council should be involved in the process. After considerable discussion it was the Council's consensus that a step matrix be done for the position for the salary range of $110,000 to $135,000. Mayor Harycki left the meeting at 5:00 p.m. Council suggested a few corrections to the profile. Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski to approve the profile as amended with the salary range of $110,000 - $135,000 depended upon qualifications. Ayes: Councilmember Menikheim, Councilmember Kozlowski and Councilmember Weidner Nays: None Absent: Councilmember Polehna and Mayor Harycki ADJOURNMENT Motion by Councilmember Kozlowski, seconded by Councilmember Menikheim to adjourn the meeting at 5:35 p.m. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT "A" TO RESOLUTION #2014-177 Page 1 LIST OF BILLS 3D Specialties Inc. Armor Security Inc. Aspen Mills Astleford International Bald Eagle Sportsmens Assoc. Brock White Co. LLC Carquest Auto Parts CDW Government Inc. Century Power Equipment Certified Laboratories Comcast Daley Electric Delta Dental Plan of Minnesota ECM Publishers Elite Exteriors FleetPride Forestry Suppliers Inc. G & K Services Goodyear Commercial Tire GS Direct Inc. Heritage Printing Inc. J.H. Larson Company Kraus -Anderson League of MN Cities Ins Tr Loes Tim Loffler Companies Inc. M.J. Raleigh Truck Co. Menards Metropolitan Mechanical Contractors Midstates Equipment & Supply Miller Excavating Mino Amy MTI Distributing NAPA Auto Parts Natural Resource Group LLC Office Depot Prosperity Companies River Valley Printing Inc. Roberts Company S&T Office Products SKB Environmental SRF Consulting Group St. Paul Police Department PDI Stillwater Rotary Club The Alternator & Starter Store Steel wedge Quarterly Monitoring Service Uniforms Filters Range charges Supplies Miniature lamp Supplies Parts Best brake aerosol and free aerosol Internet Relocate eletric service AP COBRA November Special meetings/workshops Refund of 80% permit fee Fittings & Hose Paint Mats Tires Copier ink White envelopes PVC & glue Fire station Quarterly Municipality Insurance Grading Escrow Refund Printer copier Lowell Park bathrooms Supplies Maintenance agreement Swivel disk North Mulberry Parking Lot Reimburse for iPad for HPC use Belt conveyor Auto parts and supplies Environmental consulting Office supplies Refund of 80% permit fee Printing and publishing Name bar and serving since bar Office supplies Contaminated soil Barge terminal property plan update Training course 4th qtr dues Repair alt parts 73.00 218.00 60.45 166.82 300.00 494.89 37.77 353.18 607.63 329.94 216.90 3,900.00 210.50 26.10 100.20 460.23 108.60 75.60 1,897.58 507.35 593.00 118.53 115, 804.88 1,406.00 1,500.00 9,096.00 1,580.50 119.83 2,162.00 123.66 134, 317.84 599.00 725.07 735.66 9,215.50 246.63 212.20 432.00 72.70 236.89 7,238.67 2,614.77 510.00 186.15 50.00 EXHIBIT "A" TO RESOLUTION #2014-177 Tri-State Bobcat UPS USAb!e Life WalMart Community Waste Management - Blaine Wulfing David LIBRARY Baker and Taylor Blackstone Audio Brodart Co CDW Government Inc. Jones Kristen Midwest Tape Quill Corporation Van Paper Company Washington County Library Weston Woods Studios Bobcat VIB roller Shipment Term Life Insurance Gift cards and supplies Roll- off Lowell Park restrooms Reimburse for K9 boarding Materials Materials Materials Scanner Reimbursement Materials Office supplies Janitorial supplies Materials Materials Page 2 1,485.00 6.05 432.00 261.37 50.00 40.00 583.06 81.16 629.82 127.69 98.24 111.28 151.18 464.96 246.84 26.96 RESOLUTION 2014-178 COOPERATIVE AGREEMENT BETWEEN THE CITY OF STILLWATER AND WASHINGTON COUNTY FOR MANNING AVENUE (COUNTY STATE AID HIGHWAY 15) LANDSCAPE MAINTENANCE BE IT RESOLVED, by the City Council of Stillwater, MN that agreement between the Washington County and the City of Stillwater, for landscape maintenance, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor, City Administrator to sign the contract. Adopted by the City Council of the City of Stillwater this 28th day of October, 2014. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: October 23, 2014 Subject: Cooperative Agreement for Manning Avenue Landscape Maintenance DISCUSSION: This past month, Washington County (County) completed work where several trees along the Manning Avenue Corridor were transplanted. The trees were originally installed as part of the Manning Avenue Project in 2008. Since that time trees along the corridor had died and some of the trees were planted within the Xcel power line encroachment areas and would need to be removed. In meeting with the County, it was discussed to transplant the trees within the encroachment area to other areas along the corridor and in other areas where trees had previously died. Washington County has sent over for City approval the Cooperative Agreement for Manning Avenue Landscape Maintenance. The agreement describes the roles and responsibilities for both the City and the County, including maintenance. This new agreement will void the previous agreement approved in 2009. RECOMMENDATION Staff has reviewed the Cooperative Agreement and recommends approval. ACTION REQUIRED If Council agrees with the recommendation they should pass a motion approving the Cooperative Agreement between the City of Stillwater and Washington County for Manning Ave (CSAH 15) Landscape Maintenance. COOPERATIVE AGREEMENT BETWEEN THE CITY OF STILLWATER AND WASHINTON COUNTY FOR MANNING AVENUE (COUNTY STATE AID HIGHWAY 15) LANDSCAPE MAINTENANCE WASHINGTON COUNTY CONTRACT NO. DEPT PUBLIC WORKS DIVISION TRANSPORTATION TERM SIGNATURE -PERPETUAL THIS AGREEMENT, by and between the City of Stillwater, a municipal corporation, herein after referred to as the "City", and Washington County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County", shall consist of this agreement and Exhibit A attached hereto. WITNESSETH: WHEREAS, the County and the City intends to construct and maintain landscaping on Manning Avenue (County State Aid Highway (CSAH) 15) from Trunk Highway 36 to 2100 feet north of CSAH 12 (75th Street North) (Exhibit A, Project Location Map); and WHEREAS, the east side of CSAH 15, from approximately 1300 feet north of Trunk Highway 36 to CSAH 12 within the City limits and in the County; and WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the maintenance of these landscape elements; and WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 162.17 sub.1 and Minnesota Statute 471.59. NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: I. The Parties agree that this contract terminates and supersedes Cooperative Agreement No. 5213 between the Parties, dated May 19, 2009. II. PLANS AND SPECIFICATION PREPARATION The County shall be responsible for the preparation of the necessary plans and specifications for the project, conducting all tests, and obtaining all approvals required in arriving at the bid specifications for this project. 111. REQUEST FOR QUOTE After the plans and specifications have been approved and all permits and approvals obtained, the County shall send out a Request for Quote (RFQ) to landscape contractors. The County shall award the contract. IV. CONSTRUCTION ADMINISTRATION, OBSERVATION, AND TESTING The County shall be responsible for the construction administration of the project and for the observation and testing for all items. V. COST PARTICIPATION ITEMS AND ESTIMATED COSTS The County shall pay for all the costs of the landscaping services associated with the plans and specifications. VI. MAINTENANCE The City shall be responsible for the maintenance of all landscaping planted in 2009, as Page 1 of 4 well as all the trees relocated as part of the 2014 landscape project. A. The County will mow the corridor twice per year. The County may perform additional mowing if needed to provide safety sight distance. B. The County will not alter winter maintenance strategies/techniques in order to protect median plantings. C. The County will provide a one year warranty on all relocated trees. The County will clear and grub and install one replacement tree for each relocated tree that dies within the year, provided the City performs maintenance according to this agreement. D. The County will be responsible for clearing and grubbing any other tree associated with the 2009 landscaping project that dies along the corridor. E. The City will be responsible for filling gator bags installed on relocated trees, after the initial installation and filling. F. The City may perform additional mowing on the corridor, at their expense, if they choose. G. The City will follow work zone traffic control procedures required in the Minnesota Manual of Uniform Traffic Control Devices for all maintenance activities. H. The City will notify the County at 430-4300 at least 24 hours in advance of any maintenance activities. VII. CONDITIONS The City shall not assess or otherwise recover any portion of its cost for this project through levy on County -owned property. VIII. CIVIL RIGHTS AND NON-DISCRIMINATION The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set further herein, and shall be part of any Agreement entered into by the parties with any contractor subcontractor, or material suppliers. IX. WORKERS COMPENSATION It is hereby understood and agreed that any and all employees of the County and all other persons employed by the County in the performance of construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of the City and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of the City. X. INDEMNIFICATION A. The City agrees that it will defend, indemnify and hold harmless the County against any and all liability, loss, damages, costs and expenses which the County may hereafter sustain, incur or be required to pay by reason of any negligent act by the Page 2 of 4 City, its agents, officers or employees during the performance of this agreement. B. The County agrees that it will defend, indemnify and hold harmless the City against any and all liability, loss, damages, costs and expenses which the City may hereafter sustain, incur or be required to pay by reason of any negligent act by the County, its agents, officers or employees during the performance of this agreement. C. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. 1a(b). The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties as provided for in Section 471.59, subd. 1 a. D. Each party's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1 a and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1(a). XI. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. Page 3 of 4 WASHINGTON COUNTY CITY OF STILLWATER Chair Date Mayor Date Board of Commissioners Molly O'Rourke Date City Administrator Date County Administrator Approved as to form: Approved as to form: Assistant County Attorney Date City Attorney Date Page 4 of 4 Dellwood Rd N McKusick Rd N z 0 w GRANT 75th St N Project Location \ t_ Washington ounty SAP 82-615-22 CSAH 15 - Manning Avenue North Project Location Exhibit A i11watt THE BIRTHPLACE OF MINNESOTA TO: Downtown Parking Commission FROM: Bill Turnblad, Community Development Director DATE: October 6, 2014 RE: Summer Tuesdays request for invoice reduction REQUEST Corey Buettner, Summer Tuesdays, submitted a request to reduce the fee charged for Summer Tuesdays' parking lot reservations this year. BACKGROUND Due to flooding in North Lowell Park during four of the Summer Tuesday event dates, 26 spaces in Lot 2 needed to be used as an alternate location for some of the activities. The invoiced fee for the 26 spaces on those four dates was $936. Corey is requesting that the fee be reduced to $624. His argument is that the sign in Lot 2 says the fee for parking 12 hours is $3. Since his group reserved the spaces for 24 hours, he believes he should only have to pay for two 12 hour shifts at $3 each. In other words, $6 per day rather than $9 per day. COMMENTS When the Parking Commission and City Council established the parking reservation rates, the fee for the pay lots (Lot 1 and Lot 2) was set by multiplying the cost to park in the lots by threefold. The assumption was that there is an average turnover in the pay lots of three times a day. Therefore, a space in Lot 1 would earn the City $15 per day ($5 x 3) and a space in Lot 2 would earn $9 per day ($3 x 3). While it is true that an individual who pays $3 to park in Lot 2 is allowed to stay in that spot for 12 for that price, the space in reality turns over about three times in a day. So the space would earn an average of $9 per day, not an average of $6. ALTERNATIVES The Parking Commission can recommend either, that: 1. The City Council approve the fee reduction from $936 to $624; or 2. The Council deny the fee reduction. bt WaShington „0.00••4=0.0, County ***PLEASE NOTE CHANGE IN TIME*** BOARD AGENDA OCTOBER 28, 2014 — 10:30 A.M. Board of Commissioners Fran Miron, District 1 Ted Bearth, District 2 Gary Kriesel, District 3 Autumn Lehrke, Chair, District 4 Lisa Weik, District 5 8:00 to 10:00 — Employee Recognition Breakfast Hosted by the County Board — Lake Elmo Event Center 3712 LaytonAvenueNorth, Lake Elmo, MN 1. 10:30 Roll Call Pledge of Allegiance 2. 10:30 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. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individuals 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. 3. 10:40 Consent Calendar — Roll Call Vote 4. 10:40 Property Records and Taxpayer Services — Steve Gransee, Division Manager A. Resolution — Withdraw Twelve Tax Forfeited Parcels from Sale B. Resolution — Setting Public Auction for December 5, 2014 C. Resolution—Basic Sale Price of Tax Forfeited Parcels and to Offer These Parcels to Adjacent Landowners Through Private Sale 5. 10:55 General Administration — Molly O'Rourke, County Administrator 6. 11:05 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. 11:20 Executive (Closed Session) with Public Works — Sharon Price, Property Manager Discuss the Possible Purchase of the Anderson Parcel in May Township for Inclusion into Big Marine Park Reserve 9. 11:40 Adjourn 10. 11:45 to 12:00 — Board Workshop with Information Technology — Mjyke Nelson, Director Discuss Publishing Public Geospatial Data on the Website 11. 12:05 to 12:35 — Board Workshop with Property Records &Taxpayer Services — Jennifer Wagenius, Dir. Overview of Absentee Ballot Processing Controls, Requirements, Procedures, and Challenges — Fourth Floor, Room 4690 Assistive listening devices are available for use in the County Board Room nmrfulaen.Vieana;lt, nr 1,n0i hnm,.r nmazan n 5.54 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * OCTOBER 28 2014 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of the October 21, 2014, County Board Meeting minutes. B. Approval to reappoint Edward Marchan, West Lakeland Township, and David Bucheck, Lake Elmo, to the Valley Branch Watershed District to terms expiring November 13, 2017. Information Technology C. Approval of j oint powers agreement for the development of optical fiber data network between the City of Stillwater and Washington County. Public Works D. Approval of a resolution authorizing final payment in the amount of $227,800 to American Pavement Solutions, Inc. for 2014 roadway crack sealing. E. Approval of comment letter on the Metropolitan Council's draft 2040 Regional Parks Policy Plan. 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. Assistive listening devices am available for use in the County Board Room IF.n1E...d necirhnry A. In r,..lifi.wsy..,. law -y„en rnif (RFT) Q.20.0"40 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Summary of Proceedings Washington County Board of Commissioners October 21, 2014 T7 Present were Commissioners Fran Miron, District 1; Ted Bearth, District 2; Gary Kriesel, District 3; Autumn Lehrke, District 4; and Lisa Weik, District 5. Absent none. Board Chair Lehrke presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: Commissioner Weik — reported Artists of Woodbury will display items at the Stafford Library this month and in November; Commissioner Miron — reported that the bus routes to the Forest Lake Transit Center will be changing schedules and he asked that in discussions with Metropolitan Council they be informed that these are popular routes and it will affect may users; he attended the Transportation Advisory Board meeting where they discussed its bylaws in particular the clarification on electronic voting related to cancelled board meetings and the need to accomplish business and he asked staff and the Attorney's office to review that before the December meeting; and he reported that Bill Hargis has announced he will be resigning from the Transportation Advisory Board a position he has held for 20 years and he asked that staff prepare recognition for him; Commissioner Kriesel — reported that he, Deputy Administrator Corbid; Senator Housley, Senator Tomassoni, and Senator Dziedzic toured the Aiple property; Commissioner Lehrke — reported she attended the Association of Minnesota Counties Board of Directors meeting where they approved the 2015 budget; the formation of a work group that would look at the county program aid formula; and Matt Chase from the National Association of Counties presented an update on issues at the national level; and she attended the Metro Alliance for Healthy Families which discussed its 2015 budget and that future funding from the United Way may be limited because they now only fund 501C3 and the counties may be asked to contribute a minimum amount. Community Services Approval of Amendment Number 4 to the cooperative agreement with Anoka, Chisago, Dakota, Hennepin, Isanti, Ramsey, Sherburne, and Washington Counties for provision of non -emergency medical transportation services for eligible Medial Assistance and Minnesota Care recipients and extending the contract another year through December 31, 2015. General Administration Approval of the following actions: - October 14, 2014, County Board meeting minutes; - County Policy #5505, County Contribution to Health Savings Accounts; - Information Technology Policy #3005 Information Security Incident Response; - Administration Policy #1300, Washington County Guidelines and Procedures for Minnesota Government Data Practices Act; - October 28, 2014 Board meeting to start at 10:30 following the Employee Recognition event at the Lake Elmo Event Center; - Board correspondence was received and placed on file; - Board workshop held to discuss legislative issues. Housing and Redevelopment Authority Board workshop held to discuss the 2015-2019 Consolidated Plan for Community Development Block Grant and HOME Investment Partnerships program funds. Public Health and Environment Approval to renew an agreement with Chisago County for the reciprocal use of household hazardous waste facilities. Public Works Approval of the following actions: - Support the Metropolitan Council grant application to the Federal Transit Administration for $1 million to assist the counties and cities along the Gateway Corridor in station area planning and transit oriented development; - Board workshop held to discuss regional park and trail master plan priorities throughout the county; - Board workshop held to discuss the Metropolitan Council's 2040 draft Regional Parks Policy Plan update. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota.