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HomeMy WebLinkAbout2015-06-02 CC Packet REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North June 2, 2015 REGULAR MEETING 4:30 P.M. RECESSED MEETING 7:00 P.M. 4:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Library Board – Strategic Plan 2014-17 2. 2014 Annual Report – Police Department IV. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Development Dir. 7. Public Works Dir. 8. Finance Director – Budget Calendar 9. City Attorney 10. City Administrator 7:00 P.M. AGENDA V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. APPROVAL OF MINUTES 11. Possible approval of May 19, 2015 regular meeting minutes IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 12. Brent Peterson – Update on Boutwell House X. 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. XI. 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. 13. Resolution 2015-099, directing payment of bills 14. Resolution 2015-100, approving Cooperative agreement between the City of Stillwater and Washington County for construction cost of County State Aid Highway 15 (Manning Avenue) and Resolution 2015-101, approving Cooperative agreement between the City of Stillwater and Washington County for maintenance of County State Aid 15 (Manning Avenue) 15. Resolution 2015-102, approval of conveyance of land along Manning Avenue to Washington County 16. Possible approval to purchase of new antivirus software, e-mail filter and web filter 17. Possible approval of 2015 Central St. Croix Valley Joint Cable Communication Commission budget 18. Resolution 2015-103, amending Resolution 2014-203 – 2015 Fee Schedule 19. Resolution 2015-104, accepting work and ordering final electrical payment for South Lowell Park restroom improvement project (Project 2012-05) 20. Resolution 2015-105, approval of 2015 Summer Tuesdays special event and contract 21. Resolution 2015-106, a releasing option 22. Possible approval for the furnishing & installation of Nelson Street Lift Station Generator Vent 23. Possible approval to purchase Microsoft Surface Pro 3 – MIS 24. Resolution 2015-107, approval of monitoring agreement with ECSI for fire station 25. Resolution 2015-108, approval of mutual aid agreement inclusive of various fire departments of Washington Couty and St. Croix County 26. Resolution 2015-109, approving assignment agreement with the Veteran’s Memorial Committee for 2015 27. Possible approval to purchase iPad - MIS XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. XIII. UNFINISHED BUSINESS 28. Possible approval of second reading of Ordinance 1077, an Ordinance Amending the Stillwater City Code Sec. 57-1 Subd. 11 (Ordinance – Roll Call) XIV. NEW BUSINESS 29. Possible approval of lease of transient slips (Resolution – Roll Call) 30. Possible approval of first reading of Ordinance 1078, an Ordinance Amending the Stillwater City Code Chapter 43 – Liquor, various sections and subdivisions (1st reading – Roll Call) 31. Possible approval of first reading of Ordinance 1079, an Ordinance Amending the Stillwater City Code Sec. 59-1 Subd. 1(e) (Chapter 59 – Traffic) (1st reading – Roll Call) 32. Possible approval of first reading of Ordinance 1080, an ordinance amending the Stillwater City Code Sec. 56-4, Penalty for late payment of utility bills (1st reading – Roll Call) XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVI. COMMUNICATIONS/REQUESTS XVII. COUNCIL REQUEST ITEMS XVIII. STAFF REPORTS (CONTINUED) XIX. ADJOURNMENT Community Development INVESTMENT REVIEW 131 Tax Increment Finance: A Success-Driven Tool for Ca.alyzing Economic Development and Social Transformation Toby Rittner Council of Development Finance Agencies(CDFA) ryr n the wake of an economic downturn,many cities are left with sites,projects, districts, NI or entire urban cores requiring redevelopment.The need for social improvements such as community centers,school rehabs,and parks has also become a critical development challenge. However,the ongoing risks of the development market require communities to be even more diligent and aware when entering into the use of public financing mecha- nisms such as Pay for Success (PFS) financing. One such mechanism, tax increment finance (TIF), has the potential to forge a new path for communities to fund development projects on the basis of their success. What Is Tax Increment Finance? TIF is a targeted development finance tool that captures the future value of an improved property to pay for the current costs of those improvements. This mechanism can be used to finance costs typically pertaining to public infrastructure, land acquisition, demolition, utilities, planning, and more. TIF funds have also been used to help support community amenities such as parks,recreational facilities,schools,and network infrastructure. TIF can focus attention on a problematic area and catalyze development that addresses both the economic needs of a community and the quality-of-life advancements that improve cities. Dozens of TIF projects have been introduced throughout the country, including the University North Park project,which adds both mixed-use development and a beautiful park to Norman, Oklahoma, and the "Green Corridor" project, which aims to create a business park as well as to clean and connect waterfront public spaces in Baltimore,Maryland. The TIF process begins when the community establishes the TIF district's geographic boundaries. Next, the initial value of all land within the district is assessed, and the current value of property(or other) tax revenue is established as a baseline. As development occurs and revenue from property taxes rises, the increase—or increment—above the baseline is used to pay debt service for the improvements made to the district. In this way, munici- palities are able to build infrastructure and incentivize development without raising taxes. In fact, only the new tax revenue generated by the development is used to finance the improvements, thus creating a sustainable pool of resources for the project. The benefits of this model have made TIF a popular development finance tool, partic- ularly for addressing blight and promoting district-oriented development. TIF is currently H- Hi PIi rH141, 132 Community Development INVESTMENT REVIEW authorized in forty-eight states and the District of Columbia and is employed by cities of all sizes.In the most creative places,like Chicago,Illinois,and Columbus,Ohio,TIF is being used to develop both private enterprise and community assets. TIF is designed to effect both physical and social changes in a community. In fact, the best TIF projects are public-private partnerships in the truest sense, where developers and investors receive incentive payments only if the project is successful. This model is called "pay-go"and implies that as the project moves forward successfully,the community pays for its share of the related and financed infrastructure. The "pay-go" model is used throughout the country and allows communities to continue to invest in infrastructure while limiting potential risk from project challenges. An example of this financing model is the Shops at Worthington Place in Worthington, Ohio. This nontraditional redevelopment of an obsolete mall is being financed using the "pay-go" model over the course of the next twenty years. As the developer makes improve- ments to the mall, the city reimburses the developer for qualified infrastructure improve- ments. The city only pays as estimated tax revenue projections are achieved, making this arrangement a true win-win project for the city and the developer. The project has achieved early success and has spurred a second, new project adjacent to the mall, catalyzed by the initial investments from the developer and the city. What Makes Tax Increment Financing Successful? TIF can be effective for addressing blight and promoting development, but this is not a given.The nation's newspapers are filled with stories of both successful and unsuccessful uses of TIF.Unfortunately,these articles rarely indicate(at least,not explicitly)what separates the good TIF districts from the bad. Much of the time, unsuccessful TIF districts are the result of insufficient awareness or transparency. In other cases, the project needed additional support or planning on the financial side of the equation. Successful operation of TIF districts requires attention to both project financing and best practices. TIF districts also need to be rational and entail a commitment from both the public and private partners to the transaction. Best Practices in Tax Increment Financing Best practices are important in the use of any development finance tool,but this may be particularly true for TIF. Once property(or other)taxes have been frozen and any TIF bonds (revenue bonds issued and supported through debt service payments by the future tax incre- ment generated by the new development) have been issued,revenue collected from the TIF district has the potential.to become a sore point among community stakeholders, including area residents,school districts,and others.Following best practices in creating and operating the TIF district can help ensure that the community remains committed to the project. The first area of TIF best practices is related to public policy and statutes.For example,a TIF ., i J. Community Development INVESTMENT REVIEW 133 project should be clearly eligible according to the state's authorizing statute. In most cases,in order to ensure appropriate use of tax revenue, the project should remain viable even if it did not receive any TIF assistance.The project should yield a positive net gain for the community. The second area of TIF best practices is focused on the mechanics of the project. Identi- fying the experience and financial history of the developer is a crucial early step.The munici- pality and developer should determine up front when TIF funds will be needed and whether the project will require TIF bonds.In assessing the financial viability of the project,consider- ation should be given to whether the development or redevelopment has a high likelihood of maintaining an enduring presence in the community. The third-and often forgotten—area of TIF best practices is community support and buy-in. The municipality should identify the project's broader stakeholders, which include neighborhood groups, business leaders, school districts, and elected officials. A plan for communicating the importance of the project,as well as information on how the project will be financed, should be developed and executed) Pairing Tax Increment Financing and Other Development Finance Tools Unfortunately,strict adherence to best practices does not always determine the financial viability of a project, and TIF alone may be insufficient or inappropriate for some or all of a project. This may be the case when some particular problem with the area—such as envi- ronmental damage or acute poverty—causes a project to have particularly high initial costs or long-term risk. In such a case, an additional development finance tool may be necessary to attract investors,complete a project,or lower the cost of TIF bonds. For example, consider a property blighted by environmental damage caused by a previous owner. The high initial costs and risks of redeveloping this property may make TIF bonds less than ideal for at least the first phase of redevelopment. Brownfield finance programs may finance the site's cleanup costs to a sufficient level to make a later bond issu- ance on the property viable. Brownfield programs,which are another targeted development finance tool,often pair well with TIF districts and projects.The US Environmental Protection Agency offers several brown- field programs, including a tax incentive and assessment grants. State and local development agencies also frequently offer support for brownfield cleanup.Payment-in-lieu-of-taxes(PILOT) programs,tax abatements,and grants are common forms of brownfield cleanup financing. Regardless of the program type, brownfield programs help reduce the costs and risks of redeveloping properties blighted by environmental damage. Depending on the needs and wants of the community, the TIF district can be put in place before the cleanup or after it. This decision will have a significant effect on the district's frozen value—and therefore on the district's potential to generate TIF revenues. In either case, issuing TIF bonds after the cleanup risks have been borne out will likely result in a more favorable financing structure. 1 The Council of Development Finance Agencies(CDFA)works openly with community stakeholders and municipalities to position TIF projects for success. ,-1, 134 Community Development INVESTMENT REVIEW Other TIF projects that may require additional financing are those that take place in districts encompassing low-income census tracks. These projects may be considered partic- ularly risky, as a financial analysis could well indicate that businesses will be reluctant to invest in such areas. In these cases, an investment tool such as the New Markets Tax Credit (NMTC)Program could be paired with TIF redevelopment to make low-income areas attrac- tive to stakeholders, including investors,businesses,developers,and nonprofits. The NMTC Program is designed to incentivize investment in businesses located in low- income census tracts. Receiving financing for a qualified project also requires working with a community development entity that has received a tax credit allocation. A TIF district covering a blighted area may well meet NMTC requirements. The benefit of the NMTC Program for a TIF district is that the tax credits can provide an additional source of equity for a project that costs more than TIF bonds alone can bear.TIF revenue can be put toward the related public costs of infrastructure, while developer and tax credit equity can go into the bricks-and-mortar development to be located within the district.These two programs may work particularly well in states that strictly limit the use of TIF revenue to infrastructure costs alone. Getting the Most out of Tax Increment Financing Although complicated and occasionally challenging to implement, TIF has much to offer communities and businesses looking to redevelop sites that are neglected or other- wise blighted. Atlanta has used TIF to redevelop the entire BeltLine transportation corridor surrounding the city; Washington, DC, has used the tool to facilitate redevelopment and establish a popular new museum; and communities throughout the country have used TIF to add business parks, repair blighted properties, and improve parks. These communities have all incorporated a variation of the "pay-go" model, paying for success as the projects prove successful. Economic development finance agencies should utilize TIF as part of their development finance toolbox and promote the benefits of this tool to their constituents. By following best practices and creatively pairing district revenue with other financing tools, communi- ties can employ TIF to effectively provide targeted redevelopment.And ensuring that devel- opers adhere to PFS principles will allow communities to reward positive development and protect against challenging economics. Toby Rittner is president and CEO of the Council of Development Finance Agencies(CDFA)a 32year old national association that educates and advises local, state and federal government, including Presi- dent Obama's administration,on economic development finance policy.He is the former director oflegis- lative affairs and director oftrainingfor the International Economic Development Council(IED C).He has also worked for the Franklin County, Ohio Board of Commissioners, Community and Economic Development Department and as an associate planner for the City of Gahanna, Ohio. Mr. Rittner holds a BA in political science and a master's of city and regional planning degree from the Ohio State University. :; r ' 2 ' RESOLUTION 2015-099 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 $1 ,2 66,439.79 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 2nd day of June, 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT "A" TO RESOLUTION #2015-099 LIST OF BILLS 4 Front LLC Ace Hardware Advanced Sportswear AIR Corval Constructors Amdahl Locksmith Inc Chris Ancom Communication Inc. Aspen Mills Atomic Architectural Sheet Metal Brock White Co . LLC Carquest Auto Parts CDW Government Inc . Century College Century Link Century Power Equipment Chappell Central Inc City View Electric Inc. Cole Papers Com cast Comcast Cable Communications Crosstown Masonry Inc Cummins NPower LLC Daleo Delta Dental Plan of Minnesota ECM Publishers Fastenal Company Fire Safety U.S .A. Frandsen Deco r ati ng Inc Frontier Ag & Turf Gimmees.com Granicus Inc Haussner Plumbing LLC Hoefler Mike Holiday Credit Office Ice Skating Institute Innovative Office Solutions LLC J.H. Larson Company Jefferson Fire and Safety Inc. John Deere Landscapes JTR Roofing Inc Lauber & Company LLC John Leffler Companies Inc. MacQueen Equipment Inc. Magnuson Law Firm Mansfield Oi l Company Marshall Electric Company Dasher board banner Supplies Uniforms with logos Install condenser bearings Lockset installed Ear jack& battery Uniforms & Badges Fire Hall Equipment repair supplies Auto parts and supplies Black box 1000 giga cat 6 bulk blue Seminar fees Phone Chain saw blade Fire Hall Electrical work Janitorial supplies & baby changing station TV Internet & Voice Damaged mainline cable E Mulberry St & Water St Fire Hall Portable generator repair Equipment repair supplies AP COBRA PHN -Mountain bike trail Supplies Equipment repair supplies Fire Hall Equipment repair supplies Circle safety flashers Qtrly web streaming service Plumbing repair & install service Refund of design review fee Fuel Club renewal Supplies Equipment repair supplies Hoses Park facility supplies Refund for ove r payment of building permit Bergstein Shoddy Mill p r operty reuse study IT equipment for new fire station Training day admission Professional Service Fuel New restroom electrical wiring & other repairs Page 1 75.00 46 .96 96 .00 1,614.60 260.00 844 .25 1,846.63 44,629.10 54 .76 287 .53 142.43 75 .00 39.61 26.69 450,558 .50 125 .00 1,466.56 427.64 659.00 55,521.80 482 .50 23 .80 210.50 27 .30 60.41 130.80 15,627.50 47 .37 300.78 1,086 .00 2,134.84 25.00 8 .64 362.50 186.10 1,504.00 752.52 33.68 7 .00 7,474 .60 1,575 .00 100.00 8,558 .33 3,881.08 27,839 .00 EXHIBIT "A" TO RESOLUTION #2015-099 Menards Miller Excavating Minnesota Department of Health MN City/County Mgmt Assoc. MN Dept of Public Safety MN Ice Arena Managers MN Rural Water Association MTI Distributing Mulcahy Nickolaus My Alarm Center NAC Mechanical aServices NAPA Auto Parts Nardini Fire Equipment National Reprographics LLC NELCOM Wireless Comm. Newman Signs North American Safety Northland Graphics Office Depot Overhead Door Company Performance Plus LLC Regency Office Products LLC Regents of the U of M Rice Lake Glass & Door Riedell Shoes Inc. Rose City Sign Company Sams Marine Inc Sentry Systems Inc. SGO Roofing & Construction Siegfried Constuction Company Sonus Interiors Inc Stillwater Motor Company Stillwater Rotary Club Street Crimes Streichers T.A. Schifsky and Sons Tekton Construction Company Tessman Seed Co. St . Paul The Caulkers Company Tire Pros Twin City Hardware USAble Life Valley Trophy Inc. Verizon Wireless Virtual Graffiti Inc WaiMart Community Washington County Assessment Supplies North Mulberry parking lot Hospitalty fee Membership 2015 Decals 2015 Spring workshop Wastewater Collection System Training Tires & supplies Fire Hall Alarm Monitoring Services Fire Hall Auto parts and supplies Novec system inspection Records retention-scans Siren repair Signs and supplies Safety equipment Self inking signature stamp Duster Fire Hall Drug screen Batteries Soil report Fire Hall Skates and consession supplies Repair lights Engine repairs Alarm monitoring Fire Hall Repaired shingles at PB building Fire Hall Vehicle service Membership Dues Street Cr i mes seminar Ammo Fine asphalt Fire Hall Nutris & Sports field mix Fire Hall Tire repair Restroom signs Term Life Insurance HPC annual preservation awards Cell service and internet Updates & Cloud Storage Supplies Special Assessment Billing Page 2 204.10 178,612 .78 35.00 156.00 24.00 20 .00 300.00 508.23 14,250.00 88.62 59,802.50 106 .74 236.50 703 .10 2,236 .08 687 .99 146.28 17.45 22.04 19,351.50 810 .00 5.57 49.75 19,000.00 600.45 480.00 673.10 140.85 13,281.00 575 .12 25,593.95 63 .39 128.87 399.00 1,516.25 1,043.06 77,003.20 8,800.00 14,440.00 34 .99 70.00 441.60 120.75 1,597.83 6,541.60 130.63 5,949.00 EXHIBIT "A" TO RESOLUTION #2015-099 Washington County Recorder WET Technology Inc. Wulfing David Ziegler Inc. LIBRARY 1000 Bulbs .com Baker and Taylor Brodart Co Midwest Tape Minitex Office of MN IT Services Quill Corporation Toshiba Business Solutions ADDENDUM Beaupre Maria Board of Water Clark Dan Fafinski Mark & Johnson PA GFOA Met Council Szepanski William Xcel Energy MANUALS Johnson Kellogg Properties Adopted by the City Council this 2nd Day of June, 2015 Assessing Service Fee Chemicals for Rec Center Reimburse for K9 boarding Plow wing Lighting Materials-Juv Materials -Adult Fie Materials-Audio RFID Tags Telephone May Office Supply Order Maintenance Contract Refund of Parking Permit May WAC charges Custodial service Employment training Membership renewal May SAC charges Payment of claim Energy Refund of Utility Billing overpayment Page 3 98,050 .03 952.27 70 .00 29,850 .00 959.61 859 .33 2,290 .78 715 .30 1,188 .00 341.97 459 .84 99 .84 30 .00 1,287.00 1,265 .00 1,500.00 150 .00 4,920 .30 415.50 30,089.34 2,710 .50 TOTAL 1,266,439.79 Date: May 29, 2015 TO: Mayor and City Council FROM: Diane Ward, City Clerk SUBJECT: Summer Tuesdays Noise Ordinance Waiver Approval of Event & Contract Summer Tuesdays is proposed to take place on seven Tuesdays from July to August, starting at 4:00 p.m. however because their event will extend past the 10:00 p.m. noise ordinance requirement, they have requested a waiver of the noise ordinance to 11:00 p.m. This year they would like to do the movie in the new amphitheater, only use parking lot 5 (the new smaller lot) for food vendors and the retail vendors will be in the park instead of a parking lot. They will be blocking Sam Bloomer Way in front of gazebo (see map) but access to the south remains open as well as Parking Lot 4. They will provide their own barricades. No portable restrooms are required but they will restock, clean and maintain pedestrian plaza restrooms. City Services: $750 damage deposit (on file) 1 electrical box - $20 per outlet X 7 dates = $140 Amphitheater Rental - $125 per day x 7 dates = $875.00 Parking Lot #5 – $1.50 per space X 7 spaces X 7 dates = $73.50 Water Shut off key deposit = $50.00 (on file) Total amount due by June 19, 2015: $1,088.50 RECOMMENDATION: There have not been any issues in the past therefore staff recommends approval of the noise waiver until 11:00 p.m. for Summer Tuesdays and payment for City services by June 19, 2015. RESOLUTION 2015-105 APPROVAL OF 2015 SUMMER TUESDAYS SPECIAL EVENT AND CONTRACT BE IT RESOLVED, by the City Council of Stillwater, MN that the special event and contract between Summer Tuesdays, Inc. and the City of Stillwater, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor and City Clerk to sign the contract. Adopted by the City Council of the City of Stillwater this 2nd day of June, 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk SUMMER TUESDAYS AGREEMENT 2015 THIS AGREEMENT between the City of Stillwater, Washington County, Minnesota (“City”), and Summer Tuesdays Inc. (“Organizer”), 1. Summer Tuesdays. The City has encouraged Summer Tuesdays in order to foster and promote tourism and encourage commerce that will ultimately increase property val ues and the quality of life within the City. 2. Event/Alcohol. No alcohol will be served during this event and no Other Alcohol or Coolers are allowed. 3. Signs. The Organizer will post signs, the number and content of which must be approved by the City Police Chief, describing the regulations prohibiting liquor as well as the prohibition against participants bringing their own liquor into the park. 4. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 5. Dates and Hours of Event. Operations are limited as follows: July 7, 14, 21, 28 and August 4, 11, 18 (7 dates) from 4:00 p.m. to 11:00 p.m. 6. Police Power. The City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Organizer will assist the police in the clearing of the Area. 7. Use of Parking Lots. THE ORGANIZER IS AWARE AND WILL INFORM ALL VENDORS AND EVENT PARTICIPANTS THAT STAKING INTO THE ASPHALT FOR TENTS, ETC. IS NOT ALLOWED (ANY DAMAGE REPAIR WILL BE PAID FOR BY THE EVENT ORGANIZER). The Event is given use of Lot 5. The Organizer agrees to pay the City for the use of the parking lot according to the parking space fees designated by the City Council. 8. Trail. The bicycle and pedestrian trail from Laurel Street to Nelson Street must remain open and unobstructed (no vehicles, trailers etc.) for the public during the Event. The Organizer shall pay for any restoration of the trail caused by the Event, as determined by the City. 9. Park Property. Lessee shall ensure that no vehicles drive on the City’s park property. In the event that damages occur to the City’s property, the Organizer shall pay for any restoration of the park as determined by the City. 10. Irrigation System in Park Property. Lowell Park is maintained by a buried irrigation system. This system can be damaged by stakes or posts that are driven into the ground. For that reason, stakes or posts longer than 12 inches and more than a quarter inch in diameter may not be used in the park. Further, as insurance against damage, a deposit must be made to the City in the amount of $750.00 and any damage to the system will be deducted from the deposit. The balance of the deposit will be returned with 30 days of the conclusion of the event. 11. City Services. The type and amount of materials needed for the Event will be determined by the Public Works Superintendent. The Organizer shall be required to barricades for street closure, trash removal and electricity for vendors. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. a. Portable Toilets. The Organization must furnish at least 8 portable restrooms, with hand sanitizing to facilitate expected crowds. Additional portable restrooms must be provided by the Event Organizer if deemed necessary to protect public health as determined by the Public Works Department. b. City Public Restrooms. City Public Restrooms on the Pedestrian Walkway will remain open during the Event and the City will supply and equip the restroom, however, the Event Organizer will be responsible for maintaining, cleaning, security and supervision for the restrooms. If the Event Organizer does not have the manpower to maintain the public restrooms, the City will provide staffing or a contractor with the costs (overtime rate) to be invoiced to the Event Organizer. The City shall be notified 2 weeks in advance of the Organizer’s intent on maintaining the City restrooms. c. Barricade Placement. Lessee may at 8:00 am place barricades at the parking lot entrance on Myrtle Street. Barricade placement for Sam Bloomer way shall not occur until two hours prior to the event. d. Trash Enclosures. The Organizer shall furnish dumpsters or roll-off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any exce ssive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. e. Electricity and Water. Each electrical box needed for the Event will be opened by the City on May 30, 2015. The Organizer shall be charged for the use of each electrical box according to the permit fee schedule. Organizer agrees to meet with the City and/or the State electrical inspector a minimum of 1 week prior to event to ensure all vendors using electrical service comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Event Organizer responsibility. f. The City shall provide the Organizer a key for the water shut off valve. The Organizer shall provide a $50 deposit for such key and will be reimbursed upon return of said key. g. Cleanup/Removal. Organizer shall remove all barricades, and portable toilets by 3:30 p.m. on the Monday following the event. Organizer shall re move trash, additional trash enclosures no later than Noon, Monday following Event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. 12. Vendors. NO CAMPING. The Organizer agrees to inform any vendors that there is no camping in Lowell Park or any City parking lots. a. The Organizer agrees that any vendor using cooking facilities will be inspected for safety by the Stillwater Fire Department and Washington County Health Department. Inspection costs (if any) shall be paid for by the Event Organizer directly to the agency/person doing the inspection. b. The Organizer agrees to ensure that all vendors waste water be discharged into a holding tank approved by Washington County Health Department. Vendors without an approved holding tank shall discharge into grey water barrels provided by the Organizer. Disposal costs are the responsibility of the Organizer. For no reason shall grey water barrels or holding tanks be disposed into the City’s Sanitary or Storm Systems. c. The Organizer agrees to provide 1 hand washing station to facilitate the expected crowds and vendors as deemed necessary to protect public health. 13. Insurance. The Organizer must provide to the City satisfactory proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims that might be brought against the Event that arise out of the Event’s authorized by this Agreement and to name the City as an additional insured on their policy as their interest may appear. 14. Hold Harmless and Indemnify. The Organizer agrees to hold the City harmless and to indemnify and defend the City with regard to any claims, causes of action, or demands that might be brought against the City arising out of the activities in the area. 15. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. IN WITNESS WHEREOF, the parties have set their hands this 1st day of April, 2015. SUMMER TUESDAY’S INC. _________________________________ Signature _________________________________ Its_______________________________ Print Name STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ____ day of ___________, 2015, by ______________________________, its _____________________________________________ for the Summer Tuesday’s Inc. Notary Public CITY OF STILLWATER _________________________________ Ted Kozlowski, Its Mayor ATTEST: __________________________________ Diane F. Ward, Its Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ____ day of ___________, 2015, by Ted Kozlowski, Mayor, and Diane F. Ward, Clerk, on behalf of the CITY OF STILLWATER. Notary Public STAFF REQUEST ITEM 1 Department: Fire I Date: May 22, 2015 DESCRIPTION OF REQUEST (Briefly outline what the request is) Council approval to enter into fire alarm monitoring system agreement with ECSI for 250 Maryknoll Dr. N. This is a one year agreement. Fire alarm monitoring is a State Fire Code requirement and this agreement will satisfy the monitoring per code. 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) One year agreement for $300.00. 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: Stuart W. Glaser, Fire Chief Date: May 22, 2015 RESOLUTION 2015-108 APPROVAL OF MONITORING AGREEMENT WITH ECSI FOR FIRE STATION BE IT RESOLVED, by the City Council of Stillwater, MN that agreement between ECSI and the City of Stillwater for monitoring of fire alarm system, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor to sign the contract on the City’s behalf. Adopted by the City Council of the City of Stillwater this 2nd day of June, 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk MONITORING AGREEMENT DATE: Mayl, 2015 PROPERTY ADDRESS Stillwater Fire Hall 250 Maryknoll Drive North Stillwater, MN 55082 TYPE OF SERVICE PROVIDED TERM OF CONTRACT Annual Fire alarm Monitoring 1 Year Term DESCRIPTION OF WORK TO BE PERFORMED Provide 24 Hour UL Listed Monitoring for Fire Alarm System. GENERAL: TYPE OF SYSTEM: Fire Alarm System BILLING INFORMATION QUOTATION $300.00 Annually for Monitoring at UL Listed Central Station 2300 Territorial Road St. Paul , MN 55114 Phone: 651-735-7470 www.ecsillc.com Maintenance service will be furnished to customer by Electronic Communication Systems, Inc. for the equipment as i ndicated above. This service will consist of: a) Inspections: ()Annual ( ) Semi Annual ( ) Quarterly (x) Monitoring b) Cleaning, adjusting, the equipment covered under this agreement. 2300 Territo rial Road St . Pau l, MN 55 114 Ph one: 65 1-735 -7 4 70 www .ecs illc.com The above described service will be performed by Electronic Communication Systems, Inc. without the necessity of prior notice on customer's part. c) Shop repairs as determined by Electronic Communication Systems , Inc. {If Applicable) d) On site service during Electronic Communication Systems, Inc . normal working hours. (If Applicable) e) Replacement of all non -repairable components and hardware. (If Applicable) TERMS OF PAYMENT: For the service (s) listed in this agreement the customer will pay the amount shown above in advance. For each subsequent renewal period, customer will pay, in advance, Electronic Communication Systems , Inc. current established charges . EQUIPMENT CONDITION: It is understood that the listed equipment at the date here-of is in good operating condition and also that the service to be rendered does not cover repairs required because of accidents, acts of God, alteration, abuse, misuse, fire, water, or failure of the customer to properly follow operating i nstructions of said system(s). Electronic Communication Systems, Inc. reserves the right to examine equipment prior to commencement of the agreement and in the event the equipment requires overhaul i ng or rebuilding, an estimate will be submitted for the customer's approval before the work is started . It is further understood that Electronic Communication Systems, Inc. does not cover the cost of repairs due to improper service by the customers maintenance department or its representatives or tenants tampering with covered equipment stated in this agreement. AUTHORIZATlON: Maintenance service is authorized by the customer to be rendered by Electronic Communication Systems, Inc. to the equipment listed for the period above noted and from year to year thereafter unless this agreement is terminated by either party as herein provided . Either party may terminate this agreement upon written notice to the other party, given not less than thirty (30) days immediately prior to any anniversary date hereof. APPROVED BY: CUSTOMER ACCEPTANCE: ECS I Electronic Communication Systems, LLC 2300 Territorial Road St. Paul, MN 55114 BY : BY : Brooks Miller DATE: TITLE: REMARKS : "ICSI. ® ® STAFF REQUEST ITEM 1 Department: Fire I Date: May 22, 2015 DESCRIPTION OF REQUEST (Briefly outline what the request is) Council approval to enter into countywide and interstate mutual aid agreement with Washington County and St. Croix County Wisconsin. This agreement allows fire resources to be requested and respond, if available, between all fire agencies within these two counties. 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) Billing and cost recovery is outlined in the agreement on page 3 . 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: Stuart W. Glaser, Fire Chief Date: May 22, 2015 RESOLUTION 2015-108 APPROVAL OF MUTUAL AID AGREEMENT INCLUSIVE OF VARIOUS FIRE DEPARTMENTS OF WASHINGTON COUNTY AND THE FIRE DEPARTMENTS OF ST. CROIX COUNTY BE IT RESOLVED, by the City Council of Stillwater, MN that mutual aid agreement between various fire departments of Washington County and St. Croix County and the City of Stillwater for mutual aid assistance, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor to sign the contract on the City’s behalf. Adopted by the City Council of the City of Stillwater this 2nd day of June, 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk MUTUAL AID AGREEMENT INCLUSIVE OF: THE FIRE DEPARTMENTS OF WASHINGTON COUNTY, MINNESOTA (will list each dept) AND THE FIRE DEPARTMENTS OF ST. CROIX COUNTY, WISCONSIN (will list each dept) This Agreement is made pursuant to Minnesota Statutes §471.59 and Minnesota Statutes §438.08 and Wisconsin Statutes §66.0303, Subd. (2) and (3)(b) which authorize the joint and cooperative exercise of powers common to contracting parties. The intent ofthis agreement is to make equipment, personnel and other resources available to political subdivisions from other political subdivisions during an emergency situation or for designated training activities. Section 1. a. b. C. d. e . f Section 2. Definitions. "Party" means a political subdivision. "Requesting Official" means the person designated by a Party who is responsible for requesting Assistance from other Parties . "Requesting Party" means a party that requests assistance from other parties. "Responding Official" means the person designated by a party who is responsible to determine whether and to what extent that party should provide assistance to a Requesting Party. "Responding Party" means a party that provides assistance to a Requesting Party. "Assistance" means Fire and/or emergency medical services personnel and equipment, and any associated and related training necessary to further the purpose of this Agreement . Request for assistance. Whenever, in the opinion of a Requesting Official, there is a need for assistance from other parties, the Requesting Official may call upon the Responding Official of any other party to furnish assistance. Section 3. Response to request. Upon the request for assistance from a Requesting Party, the Responding Official may authorize and direct his/her party's personnel to provide assistance to the Requesting Party. This decision will be made after considering the needs of the responding party and the availability of resources . Section 4. Recall of Assistance. The Responding Official may at any time recall such assistance when in his or her best judgment or by an order from the governing body of the Responding Party, it is considered to be in the best interests of the Responding Party to do so. Page 1 of 4 Section 5. Command of Scene. The Requesting Party shall be in command of the mutual aid scene. The personnel and equipment of the Responding Party shall be under the direction and control of the Requesting Party until the Responding Official withdraws assistance. Section 6. Workers' compensation. Each party shall be responsible for injuries or death of its own personnel. Each party will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing assistance pursuant to this agreement. Each party waives the right to sue any other party for any workers' compensation benefits paid to its own employee or volunteer or their dependants , even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. Section 7. Damage to equipment. Each party shall be responsible for damages to or loss of its own equipment . Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. Section 8. a. b. C. d. L iability. For the purposes of Tort Liability, the employees and officers of the Responding Party are deemed to be employees ofthe Requesting Party. The Requesting Party agrees to defend and indemnify the Responding Party against any claims brought or actions filed against the Responding Party or any officer, employee, or volunteer of the Responding Party for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provision of assistance in responding to a request for assistance by the Requesting Party pursuant to this agreement. Under no circumstances, however, shall a party be required to pay on behalf of itself and other parties, any amounts in excess of the limits on liability established in its Home State applicable to any one party. The limits ofliability for some or all of the parties may not be added together to determine the maximum amount of liability for any party . The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and indemnify a Responding Party for claims arising within the Requesting Party 's jurisdiction subject to the limits of liability under the laws of its H ome State . The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney . Page 2 of 4 e. No party to this agreement nor any officer of any Party shall be liable to any other Party or to any other person for failure of any party to furnish assistance to any other party, or for recalling assistance, both as described in this agreement. f For the purposes of training, and other than Workers' compensation claims as described in Section 6, the laws of the State where the training takes place will control disputes based upon claims of one party against the other. Section 9. Charges to the Requesting Party. a . No charges will be levied by a Responding Party to this agreement for assistance rendered to a Requesting Party under the terms of this agreement unless that assistance continues for a period of more than 12 hours . If assistance provided under this agreement continues for more than 12 hours, the Responding Party may submit to the Requesting Party an itemized bill for the actual cost of any assistance provided after the initial 12 hour period, including salaries, overtime, materials and supplies and other necessary expenses; and the Requesting Party will reimburse the party providing the assistance for that amount. b. Such charges are not contingent upon the availability of federal or state government funds . Section 10. Duration. This agreement will be in force from the date of execution and shall continue until terminated. Any party may withdraw from this agreement upon thirty (30) days written notice to the other party or parties to the agreement. Section 11. Amendments. Any amendments to this agreement shall be in writing and signed by all parties . Section 12. Agreement. This agreement contains the entire agreement of the Fire Departments of Washington County Minnesota and the Fire Departments of St. Croix County Wisconsin . Any prior correspondence, memoranda or agreements are replaced in total by this agreement. Section 13. Execution. Each party hereto has read, agreed to and executed this Mutual Aid Agreement on the date indicated . Each party to this agreement shall maintain a copy of an executed copy of this agreement . Page 3 of 4 IN WITNESS WHEREOF, the undersigned, on behalf of their political subdivision or their fire department corporation has executed this agreement pursuant to authorization by its governing body : Lower St. Croix Valley Fire Protection District James Stanton Chairman Lower St. Croix Valley FD Kris Peterson, Fire Chief Dated: ____ _.J 2015 STATE OF MINNESOTA Its ----------------- Dated : , 2015 ---------- City of Hudson Allan Burchill, Mayor Nancy Korson, City Clerk Hudson Fire Department Scott St. Martin, Fire Chief Dated:--------"' 2015 STATE OF WISCONSIN Its ----------------- Dated: , 2015 ---------- Page 4 of4 IN WITNESS WHEREOF, the undersigned, on behalf of the i r political subdivision or their fire department co r poration has executed th is agreement pursuant to authorization by its governing body: City of Stillwater Ted Kozlowski, Mayor Diane Ward, City Clerk Stuart W. Glaser, Fire Chief Date :. _____ 2015 RESOLUTION 2015-109 APPROVING ASSIGNMENT AGREEMENT WITH THE VETERANS’ MEMORIAL COMMITTEE FOR 2015 WHEREAS, the City of Stillwater is the owner of Riverview Parking Lot and is a party to a Master Agreement with SuperValu, Inc. that was made March 7, 1995; and WHEREAS, an Assignment of the Agreement was executed by the City and SuperValu; Inc. on a trial basis on July 6, 2007, and affirmed on December 31, 2008; and WHEREAS, the City and the Veterans' Memorial Committee desire to extend the Agreement on a year -to -year basis beginning November 2011; and WHEREAS, since the terms of the Agreement and the Assignment do not change as to SuperValu, Inc., the Agreement may be extended on a yearly basis without the consent of SuperValu, Inc. NOW, THEREFORE, be it resolved that the Assignment made November 2011 be and the same is hereby extended until November 1, 2015, subject to the Assent of the Veterans' Memorial Committee. Adopted by the City of Stillwater this 2nd day of June, 2015. CITY OF STILLWATER _______________________________ Ted Kozlowski, Mayor _______________________________ Diane F. Ward, City Clerk ASSENT VETERANS’ MEMORIAL COMMITTEE By: ____________________________________ Its: _____________________________________ STAFF REQUEST ITEM 1 Department: MIS 1 Date: 6/1/15 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of new iPad for Councilmember Menikheim. 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) Cost of the iPad and keyboard/case will be $652.45 . Money has been allocated in the 2015 capital outlay for this purchase . ADDITIONAL INFORMATION ATTACHED Yes No X --- 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. I Submitted by: Rose ~ I Date: 6/1/15 Date: May 29, 2015 TO: Mayor and Council FROM: Diane Ward, City Clerk SUBJECT: Taproom On-Sale Sunday Hours of Operation – On-sale Intoxicating During the 2015 Legislative Session, Sunday On-sale for Taprooms and the hours of operation “Bloody Mary” bills were approved by the legislature subject to individual City approvals. Attached is an ordinance amending the Chapter 43, Liquor to reflect those changes should Council allow for the Taproom Sunday On-sale (effective after passage – 2nd reading and publication) and change the starting service hour for on-sale from 10:00 a.m. to 8:00 a.m, (effective July 1, 2015). Also included in the ordinance is a section on “Brew Pubs” as they are becoming more popular. A resolution listing fees for the Taproom Sunday On-sale and Brew Pubs will be available for approval at the next meeting if Council approves the first reading of the attached ordinance. ACTION REQUIRED: If Council wishes to amend the Liquor Ordinance to include changes relating to beginning service hour and Taproom Sunday On-sale, they should pass a motion approving the first reading of the attached ordinance. ORDINANCE 1078 AN ORDINANCE AMENDING THE STILLWATER CITY CODE SEC. 43-70 SUBD. 1, SEC. 43-71, SUBD. 1. AND SEC. 43-74, SUBD. 2 The City Council of the City of Stillwater does ordain: 1. Amending. The City Code is amended by adding Sec. 43-70 Subd. 1(6) and (7) to the City Code that will hereafter read as follows: “(6) Brew Pubs, as defined by Minnesota Statute § 340A.101 Subd. 3a, for use in a restaurant operated in the place of manufacture.” (7) Brewer Tap Rooms. As defined by Minnesota Statute § 340A.26 for the sale of malt liquor produced on the premises.” 2. Amending. The City Code is amended by adding Sec. 43-71 Subd. 1 (a) (b) and (c) to the City Code that will hereafter read as follows: “Subd. 1(a) Brewer Tap Rooms, as defined by Minnesota Statute § 340A.26 for the sale of malt liquor produced on the licensed premises or adjacent premises. Subd. 1(b) Brewer Pubs as defined by Minnesota Statute § 340A.101 Subd. 3(a) for the sale of malt liquor produced and packaged on the licensed premises. Subd. 1(c) Small Brewer as defined by Minnesota Statute § 340.28 provided that the amount sold at off sale may not exceed 500 barrels annually.” 3. Amending: The City Code is amended by adding Sec. 43-74 Subd. 2 (a) (b) and (c) to the City Code that will hereafter read as follows: All references to “10:00 a.m.” be changed to “8:00 a.m.” effective July 1st, 2015. 4. Saving – In all other ways the City Code with remain in full force and effect. 5. Effective date. This ordinance will be in full force and effect from and after its passage and publication according to law. Adopted by the City Council the ______ day of _____________, 2015. CITY OF STILLWATER ATTEST: Ted Kozlowski, Mayor Diane F. Ward, Clerk Date: June 1, 2015 TO: Mayor & Council FROM: Diane Ward, City Clerk SUBJECT: Housekeeping Change to Utility Billing Ordinance The ordinance reflected an actual fee for the utility billing penalty which was different than what Council approved in January. The attached ordinance reflects the penalty charges will be established by resolution of the City Council from time to time. RECOMMENDATION: Approve the first reading of the ordinance. ACTION REQUIRED: If Council approves the staff recommendation they should pass a motion approving the 1st reading of this ordinance with the second reading to be held at the June 16th meeting. ORDINANCE 1080 AN ORDINANCE AMENDING THE STILLWATER CITY CODE SEC. 56-4 The City Council of the City of Stillwater does ordain: I. Amending. The City Code is amended by adding Sec. 56-4 Subd. 3 to the City Code that will hereafter read as follows: "(6) Subd. 3 Penalty Charge -Each quarter utility billing for utility fees not paid within 70 days of being due will incur an initial penalty charge; and an additional penalty charge if certified for collection with the real estate taxes; each penalty charge in an amount as established by resolution of the City Council from time to time." 2. Saving -In all other ways the City Code with remain in full force and effect. 3. Effective date. This ordinance will be in full force and effect from and after its passage and publication according to law. Adopted by the City Council the ___ day of ______ , 2015. CITY OF STILLWATER Ted Kozlowski , Mayor ATTEST: Diane F . Ward, Clerk AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North June 2, 2015 REGULAR MEETING 4:30 P.M. RECESSED MEETING 7:00 P.M. 4:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Library Board – Strategic Plan 2014-17 2. 2014 Annual Report – Police Department IV. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Development Dir. 7. Public Works Dir. 8. Finance Director – Budget Calendar 9. City Attorney 10. City Administrator 7:00 P.M. AGENDA V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. APPROVAL OF MINUTES 11. Possible approval of May 19, 2015 regular meeting minutes IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 12. Brent Peterson – Update on Boutwell House X. 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. XI. 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. 13. Resolution 2015-099, directing payment of bills 14. Resolution 2015-100, approving Cooperative agreement between the City of Stillwater and Washington County for construction cost of County State Aid Highway 15 (Manning Avenue) and Resolution 2015-101, approving Cooperative agreement between the City of Stillwater and Washington County for maintenance of County State Aid 15 (Manning Avenue) 15. Resolution 2015-102, approval of conveyance of land along Manning Avenue to Washington County 16. Possible approval to purchase of new antivirus software, e-mail filter and web filter 17. Possible approval of 2015 Central St. Croix Valley Joint Cable Communication Commission budget 18. Resolution 2015-103, amending Resolution 2014-203 – 2015 Fee Schedule 19. Resolution 2015-104, accepting work and ordering final electrical payment for South Lowell Park restroom improvement project (Project 2012-05) 20. Resolution 2015-105, approval of 2015 Summer Tuesdays special event and contract 21. Resolution 2015-106, a releasing option 22. Possible approval for the furnishing & installation of Nelson Street Lift Station Generator Vent 23. Possible approval to purchase Microsoft Surface Pro 3 – MIS XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. XIII. UNFINISHED BUSINESS 24. Possible approval of second reading of Ordinance 1077, an Ordinance Amending the Stillwater City Code Sec. 57-1 Subd. 11 (Ordinance – Roll Call) XIV. NEW BUSINESS 25. Possible approval of lease of transient slips (Resolution – Roll Call) 26. Possible approval of first reading of Ordinance 1078, an Ordinance Amending the Stillwater City Code Chapter 43 – Liquor, various sections and subdivisions (1st reading – Roll Call) (available Tuesday) 27. Possible approval of first reading of Ordinance 1079, an Ordinance Amending the Stillwater City Code Sec. 59-1 Subd. 1(e) (1st reading – Roll Call) XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVI. COMMUNICATIONS/REQUESTS XVII. COUNCIL REQUEST ITEMS XVIII. STAFF REPORTS (CONTINUED) XIX. ADJOURNMENT STRATEGIC PLAN 2014-2017 Stillwater Public Library 2014-2017 • ST R A T E G I C P L A N O V E R V I E W 2 0 1 4 - 2 0 1 6 STRATEGIC PLAN 2014-2017 Stillwater Public Library ST R A T E G I C P L A N O V E R V I E W 2 0 1 4 - 2 0 1 7 Maximize Use of the Building Space and Collections to Better Address Community Needs Foster a Culture of Organizational Innovation and Effectiveness Broaden Communication, Outreach and Services Throughout the Community MISSION The mission of the Stillwater Public Library is to promote the power of knowledge, encourage the discovery of ideas, and instill the joy of reading. VISION The Stillwater Public Library is recognized throughout the community as the center for advancing literacy, enriching lifelong learning, and empowering civic engagement. GO A L S A N D S T R A T E G I E S 2 0 1 4 - 2 0 1 7 1. Implement a staffing plan based on the new service model and changes in the facility 2. Maximize human resources • Improve human resource management support • Restore funding for staff training and professional development, especially for technology and community outreach • Create a tech-savvy environment and culture where all staff keep pace with technology • Create a succession plan for staff leadership positions • Project future staff position requirements and descriptions, addressing the changing nature of the work environment 3. Advance and improve the relationships with critical public partners • Enhance City/Library collaboration and understanding • Review, monitor and enhance the relationship with the Washington County Library System to improve SPL patron services and efficiency 1. Develop a service model to allow the library to increase community engagement 2. Restructure and right-size collections to better meet future community needs • Increase virtual collections and decrease hard copy materials over time • Explore options for the St. Croix collection 3. Assess and improve current and projected space use • Contract with a consultant to conduct a space and facilities study for implementation by the Library to maximize efficient service and patron/staff security • Partner with the Foundation to assess and address the various terrace issues 4. Restructure open hours to include Sundays and later hours ST R A T E G I C P L A N O V E R V I E W 2 0 1 4 - 2 0 1 6 GO A L S A N D S T R A T E G I E S 2 0 1 4 - 2 0 1 7 224 Third Street North Stillwater, MN 55082 (651) 275-4338 www.stillwaterlibrary.org BOARD OF TRUSTEES 2014 Tom Corbett President Michele Cassavante Vice President Mary Richie Secretary/Treasurer 1. Expand outreach to underserved communities • Expand programs and service offerings for teens • Ensure that the Library is a welcoming place, in all service areas, for seniors and people with physical challenges • Increase service to, education about, and the celebration of, ethnically diverse populations to foster greater understanding in the community 2. Increase public awareness of Library services • Coordinate internal staff marketing activities and train staff to support promotional efforts • Create and implement a marketing plan to increase awareness of the broad array of services at the Library • Redesign the website to improve usability, simplify access, and increase patron interaction with social media 3. Build new and sharpen existing partnerships, based on the Library’s future directions, to enhance Library resources, services, and programs • Enhance Library support for, and collaboration with, the Foundation and Friends to advance marketing and fundraising efforts • Review existing community partnerships and maintain/expand effective relationships • Develop new partnerships that support the future directions for the Library in marketing, fundraising, programs, and outreach • Explore a mutually collaborative partnership with the school district and/or community education Mike Keliher Doug Menikheim Kathy Stark Maureen Bell Spike Carlsen Ned GordonLynne Bertalmio Library Director A RAPID RESULTS STRATEGIC PLAN PREPARED BY LIBRARY STRATEGIESTM Stillwater Police Department 2014 Annual Report Stillwater Police Department Chief John Gannaway Captain Nathan Meredith Patrol Division Sergeant Jeff Magler Sergeant Chris Felsch Sergeant Steve Hansen Sergeant Brian Bruchu Officer Sandra Vetsch Officer Dave Wulfing (K9)Officer Jason Belisle Officer Chris Crayne Officer Chyrisse LeMoine Officer Dan Young Officer Kyle Sykes Officer Austin Peterson Officer Brent Campbell Officer Ryan Mitchell Officer John Siebenaler Officer Hunter Julien Stillwater Police Department Chief John Gannaway Investigations Sergeant Jeff Stender Investigator Chris Kopel Juvenile Investigator/SRO Andrea Olson Records and Dispatch Community Service Linda Thompson Dennis Pasket (CSO/Parking) Alicia Hill Brad Junker (CSO) John Stringer (CRO) Mission Statement The Mission of the Stillwater Police Department is to provide a superior police service to the citizens of Stillwater. The department and all of its members are devoted to providing a fair and equitable police service to all citizens having contact with the department. The department is committed to maintaining Stillwater as a safe and peaceful community. Statistics End of Year Totals 2014 12688 2013 11966 2012 11798 2011 12015 2010 13737 2014 Statistical Summary Average of 34.8 Calls for Service/ICR’s per day (up from 2013) 54 DWI’s 2,908 Traffic ICR’s 27 Burglaries 22% Decrease in Part I Offenses (Vehicle Theft, Robbery, etc) 785 Part II Offenses (Assaults, Narcotics, Weapons, Juvenile Issues, etc) 518 Nuisance Contacts (long grass, problem properties, junk vehicles, sidewalk snow removal, etc. Yearly Comparison 2014 2013 2012 0 2000 4000 6000 8000 10000 12000 14000 PART I OFFENSES PART II OFFENSES PART III, IV, V TRAFFIC TOTALS 2014 492 785 8503 2908 12688 2013 632 801 8314 2219 11966 2012 706 975 8146 1971 11798 2014 2013 2012 Investigations Child protection, Adult Protection, Sexual Assaults and Financial Crimes were a focal point for the unit in 2014 Internet and Technology continues to play a larger role in criminal investigations Investigator Kopel completed his first full year Investigations Unit is attempting to become more proactive Programs School Resource Officer Stillwater Junior High— Investigator Andrea Olson devoting 20 hours per week in the school National Night to Unite—Officer Dan Young Motorcycle Unit—Officer Brent Campbell, Officer Chris Crayne Police Reserve Unit—Officers Ryan Mitchell and Chyrisse LeMoine DNR Firearms Safety K9 Unit –Officer Wulfing and Buzz Washington County SWAT –2 Tactical and 1 Negotiator 2014 K9 Report 30 Deployments 8 Narcotics Searches Awarded 2nd Place overall at U.S.P.C.A Regional PD1 Certification Trials in Wisconsin (674.84/700 possible) Qualified for U.S.P.C.A National Trials Completed over 125 hours of in-service training Renewed DEA Licensing 13 K9 Demonstrations for over 850 citizens Recovered over $7000 in stolen property Crime Prevention Officer Dan Young Night to Unite Neighborhood Watch Education and Training Crimes Against the Elderly Shoplifting Prevention (downtown businesses) School Presentations Youth Group Tours Brochures, Books and Pamphlets on a wide range of crime prevention topics (available to the public) Crime Mapping New System Expected 2016—Bair Analytics 2015 Goals and Initiatives New Police Department Facility (Design/Construction Documents) Implementation of new Records Management System—Tiburon End of Report Questions? 2016 BUDGET CALENDAR April 2015 Finance Department begins budget process by preparing projected wages and benefits and insurance costs for the upcoming fiscal budget year. May 22, 2015 Budget guidelines along with budget worksheets are distributed to Department Heads for completion June 12, 2015 Completed budget worksheets are due to the Finance Department. The Finance Department assembles the preliminary budget information. July 1 through July 31, 2015 The City Administrator meets with Department Heads to review budget requests and makes recommendations regarding the budget. August 1 through August 11, 2015 Finance prepares requested budget August 12, 2015 Finance distributes Requested Budget to Department heads and City Council August 18 & August 25, 2015 Council, during a budget workshop session, meets with the City Administrator and Department Heads to review the recommended budget requests. August 18, 2015 4:30 – 6:30 August 25, 2015 4:30 – to be determined August 26 – August 28 , 2015 The Finance Department makes budget revisions and prepares the final proposed budget for future Council adoption. September 1, 2015 and September 15, 2015 (if needed) Council adopts the proposed budget, the proposed tax levy and sets the Truth-n- Taxation hearing dates. Prior to September 30 The proposed budget, the proposed levy and the Truth-n-Taxation hearing dates MUST BE certified to the County Auditor no later than September 30, 2015. November 2015 The County to send out Truth-n-Taxation parcel specific notices (proposed budget). November 17, 2015 Notice of the Truth-n-Taxation public hearing date is announced. December 1 or 15, 2015 (date will be certified in September) Council to hold the Truth-n-Taxation public meeting and to adopt the final budget & the final tax levy on December 1 or 15, 2015. A presentation of the proposed budget is made by the City Administrator. PRIOR to DECEMBER 30, 2015 The adopted budget and the adopted tax levy MUST BE certified to the County Auditor and the MN Department of Revenue by December 30, 2015. CITY COUNCIL MEETING MINUTES May 19, 2015 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Community Development Director Turnblad Fire Chief Glaser Public Works Director Sanders Finance Director Harrison City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of minutes of May 5, 2015 regular and recessed meeting and May 8 special meeting Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to approve the minutes of the May 5, 2015 regular and recessed meeting and the May 8 special meeting. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Heritage Preservation Awards Community Development Director Turnblad explained that May is National History Preservation Month, and the Heritage Preservation Commission awards projects that exemplify the standards and goals of the City. Jeff Johnson, Vice Chair of the Heritage Preservation Commission, presented Heritage Preservation Awards to Wendy Mortimer and Rick Dirnberger, Mike and Barbara Lynskey, and The Wedge & Wheel. Proclamation: Scott Zahren Mayor Kozlowski recognized Scott Zahren’s dedication to the City, particularly downtown. He proclaimed National Preservation Month, May 2015, to be Scott Zahren month. City Council Meeting May 19, 2015 Page 2 of 4 OPEN FORUM There were no public comments. STAFF REPORTS Community Development Director Turnblad reminded the Council that a scoping document is underway on the Downtown Plan update. He would like comments sent to him by Friday. City Administrator McCarty noted that the second part of the Council’s strategic planning workshop will be June 4. The League of Minnesota Cities annual conference is June 24-26. CONSENT AGENDA Resolution 2015-091, directing payment of bills Resolution 2015-092, resolution entering into construction and maintenance agreement (MnDOT Contract No. 04958) with Minnesota Department of Transportation Possible approval of retail fireworks permit – Target Possible approval of temporary liquor license – St. Mary’s Church Possible approval of purchase of used exercise equipment – Health & Wellness (MIS) Resolution 2015-093, appointing member to Human Rights Commission Resolution 2015-094, approving clarifying license (Lockyear) Possible approval of installation of playground equipment for Legends Park Possible approval of Bobcat 650 Skidsteer – Public Works Possible approval to purchase truck tarp – Public Works Resolution 2015-095, resolution approving plans for CSAH 15 and TH 96 Roundabout Project Resolution 2015-096, approval of amendment to liquor license premises – Freight House Resolution 2015-097, approving application to conduct off-site gambling – Knights of Columbus 1632 Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Possible accepting of report and calling for hearing for the 2015 Street Improvement Project Public Works Director Sanders explained the 2015 Street Improvement Project. Pavement rehabilitation is proposed on three street segments: Market Drive/North Frontage Road (Market Drive) from Curve Crest Boulevard to Washington Avenue; North Second Street; and North Fourth Street from Myrtle Street to Laurel Street. All are designated Municipal State Aid Streets. City Council Meeting May 19, 2015 Page 3 of 4 Total project costs will be $578,208. The Public Hearing will be June 16, 2015 with construction taking place September-October 2015. The project will be funded through assessments and Municipal State Aid monies. Councilmember Weidner asked if bike lanes will be included on Market Drive, and Mr. Sanders responded that the bike plan flows from Washington to Greeley to Osgood. On a question from Councilmember Polehna if the City should look at striping bike lanes on the Frontage Road as part of this project, Mr. Sanders answered that the roadway is wide enough for bike lanes and staff can look at this. Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt Resolution 2015-098, receiving the report and calling for the public hearing on the 2015 Street Improvement Project (Project 2015-02). Ayes: Councilmember Menikheim, Junker, Weidner Polehna, Mayor Kozlowski Nays: None Possible approval of First Reading of Ordinance 1077, an Ordinance Amending the Stillwater City Code, Sec. 57-1 Subd. 11 City Attorney Magnuson explained the Ordinance, which clarifies regulation of the location of pawn shops. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to approve the first reading of Ordinance 1077, Amending the Stillwater City Code, Sec. 57-1 Subd. 11. Ayes: Councilmember Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None COUNCIL REQUEST ITEMS Councilmember Polehna informed the Council that Beyond the Yellow Ribbon Committee will be leading the Log Jam Days parade. ADJOURNMENT Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adjourn at 7:29 p.m. All in favor. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2015-091, directing payment of bills Resolution 2015-092, resolution entering into construction and maintenance agreement (MnDOT Contract No. 04958) with Minnesota Department of Transportation City Council Meeting May 19, 2015 Page 4 of 4 Resolution 2015-093, appointing member to Human Rights Commission Resolution 2015-094, approving clarifying license (Lockyear) Resolution 2015-095, resolution approving plans for CSAH 15 and TH 96 Roundabout Project Resolution 2015-096, approval of amendment to liquor license premises – Freight House Resolution 2015-097, approving application to conduct off-site gambling – Knights of Columbus 1632 Resolution 2015-098, receiving the report and calling for the public hearing on the 2015 Street Improvement Project (Project 2015-02) EXHIBIT "A" TO RESOLUTION #2015-099 LIST OF BILLS 4 Front LLC Ace Hardware Advanced Sportswear AIR Corval Constructors Amdahl Locksmith Inc Chris Ancom Communication Inc. Aspen Mills Atomic Architectural Sheet Metal Brock White Co . LLC Carquest Auto Parts COW Government Inc. Century College Century Link Century Power Equipment Chappell Central Inc City View Electric Inc . Cole Papers Com cast Comcast Cable Communications Crosstown Masonry Inc Cummins NPower LLC Daleo Delta Dental Plan of Minnesota ECM Publishers Fastenal Company Fire Safety U.S.A. Frandsen Decorating Inc Frontier Ag & Turf Gimmees.com Granicus Inc Haussner Plumbing LLC Hoefler Mike Holiday Credit Office Ice Skating Institute Innovative Office Solutions LLC J.H . Larson Company Jefferson Fire and Safety Inc. John Deere Landscapes JTR Roofing Inc Lauber & Company LLC John Loffler Companies Inc. MacQueen Equipment Inc. Magnuson Law Firm Mansfield Oil Company Marshall Electric Company Dasher board banner Supplies Uniforms with logos Install condenser bearings Lockset installed Ear jack & battery Uniforms & Badges Fire Hall Equipment repair supplies Auto parts and supplies Black box 1000 giga cat 6 bulk blue Seminar fees Phone Chain saw blade Fire Hall Electrical work Janitorial supplies & baby changing station TV Internet & Voice Damaged mainline cable E Mulberry St & Water St Fire Hall Portable generator repair Equipment repair supplies AP COBRA PHN-Mountain bike trail Supplies Equipment repair supplies Fire Hall Equipment repair supplies Circle safety flashers Qtrly web streaming service Plumbing repair & install service Refund of design review fee Fuel Club renewal Supplies Equipment repair supplies Hoses Park facility supplies Refund for overpayment of building permit Bergstein Shoddy Mill property reuse study IT equipment for new fire station Training day admission Professional Service Fuel New restroom electrical wiring & other repairs Page 1 75.00 46.96 96 .00 1,614.60 260.00 844.25 1,846.63 44,629 .10 54.76 287.53 142.43 75.00 39 .61 26.69 450,558.50 125.00 1,466.56 427.64 659.00 55,521.80 482.50 23.80 210.50 27.30 60.41 130.80 15,627.50 47.37 300.78 1,086.00 2,134.84 25.00 8.64 362.50 186.10 1,504.00 752.52 33.68 7.00 7,474.60 1,575.00 100.00 8,558.33 3,881.08 27,839.00 EXHIBIT "A" TO RESOLUTION #2015-099 Me nards Miller Excavating Minnesota Department of Health MN City/County Mgmt Assoc. MN Dept of Public Safety MN Ice Arena Managers MN Rural Water Association MTI Distributing Mulcahy Nickolaus My Alarm Center NAC Mechanical aServices NAPA Auto Parts Nardini Fire Equipment National Reprographics LLC NELCOM Wireless Comm . Newman Signs North American Safety Northland Graphics Office Depot Overhead Door Company Performance Plus LLC Regency Office Products LLC Regents of the U of M Rice Lake Glass & Door Riedell Shoes Inc. Rose City Sign Company Sams Marine Inc Sentry Systems Inc. SGO Roofing & Construction Siegfried Constuction Company Sonus Interiors Inc Stillwater Motor Company Stillwater Rotary Club Street Crimes Streichers T.A. Schifsky and Sons Tekton Construction Company Tessman Seed Co. St. Paul The Caulkers Company Tire Pros Twin City Hardware USAble Life Valley Trophy Inc. Verizon Wireless Virtual Graffiti Inc WaiMart Community Washington County Assessment Supplies North Mulberry parking lot Hospitalty fee Membership 2015 Decals 2015 Spring workshop Wastewater Collection System Training Tires & supplies Fire Hall Alarm Monitoring Services Fire Hall Auto parts and supplies Novec system inspection Records retention-scans Siren repair Signs and supplies Safety equipment Self inking signature stamp Duster Fire Hall Drug screen Batteries Soil report Fire Hall Skates and consession supplies Repair lights Engine repairs Alarm monitoring Fire Hall Repaired shingles at PB building Fire Hall Vehicle service Membership Dues Street Crimes seminar Ammo Fine asphalt Fire Hall Nutris & Sports field mix Fire Hall Tire repair Restroom signs Term Life Insurance HPC annual preservation awards Cell service and internet Updates & Cloud Storage Supplies Special Assessment Billing Page 2 204 .10 178,612.78 35.00 156.00 24.00 20.00 300 .00 508.23 14,250.00 88.62 59 ,802.50 106.74 236.50 703.10 2,236.08 687.99 146.28 17.45 22.04 19,351.50 810 .00 5.57 49.75 19,000.00 600.45 480.00 673.10 140.85 13,281.00 575.12 25,593.95 63.39 128.87 399.00 1,516.25 1,043 .06 77,003.20 8,800.00 14,440.00 34 .99 70.00 441.60 120.75 1,597.83 6,541.60 130.63 5,949.00 EXHIBIT "A" TO RESOLUTION #2015-099 Washington County Recorder WET Technology Inc. Wulfing David Ziegler Inc. LIBRARY 1000 Bulbs.com Baker and Taylor Brodart Co Midwest Tape Minit ex Office of MN IT Services Quill Corporation Toshiba Business Solutions Assessing Service Fee Chemicals for Rec Center Re i mburse for K9 boarding Plow wing Lighting Materials-Juv Materials-Adult Fie Materials-Audio RFID Tags Telephone May Office Supply Order Maintenance Contract Page 3 98 ,050 .03 952 .27 70 .00 29 ,850 .00 959.61 859.33 2,290 .78 715 .30 1,188.00 341.97 459 .84 99.84 MEMORANDUM To: Mayor and City Council From: Shawn Sanderlbirector of Public Works Date: May 26th, 2015 Subject: Cooperative Agreements for Manning Avenue-Construction Cost and Maintenance DISCUSSION: Washington County has sent over for City approval two Cooperative Agreements for Manning A venue; a Construction Cost Agreement and a Maintenance Agreement. These agreements describe the City's cost participation and maintenance responsibilities for the current project Manning Avenue from County Road 12 to Highway 96. The cost agreement spells out the City's construction cost amount to $72,283.27 which includes a portion of the traffic signal cost being installed at Boutwell Road, $29,071.50 and portion of the new trail construction,$43,211.77, of which $19,600 will passed on to the Stillwater Water Board for utility relocation. The City is not being charged for any actual road costs. The maintenance agreement spells out the City's responsibility to maintenance along the trail, the boulevard and the existing utilities. These of which are not a significant impact to the City. RECOMMENDATION Staff has reviewed the Cooperative Agreements 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 CONSTRUCTION COST OF COUNTY STATE AID HIGHWAY 15( MANNING AVENUE) and COOPERATIVE AGREEMENT BETWEEN THE CITY OF STILLWATER AND WASHINGTON COUNTY FOR MAINTENANCE OF COUNTY STATE AID HIGHWAY 15( MANNING AVENUE) RESOLUTION 2015-100 APPROVING COOPERATIVE AGREEMENT BETWEEN THE CITY OF STILL WATER AND WASHINGTON COUNTY FOR THE CONSTRUCTION COST OF COUNTY STATE AID HIGHWAY 15 (MANNING A VENUE) WHEREAS, a cooperative agreement lists each agencies responsibilities for the cost of construction of County State Aid Highway 15 (Manning Ave) has been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA that the agreements presented to Council on June 2 , 2015 and on file with the office of the City Clerk are hereby approved and authorizes the Mayor and City Clerk to execute said agreements . Adopted by the City Council this 2nd day of June 2015. Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk WASHINGTON COUNTY CONTRACT NO. 9556 COOPERATIVE AGREEMENT BETWEEN THE CITY OF STILLWATER AND WASHINGTON COUNTY FOR CONSTRUCTION COST OF COUNTY STATE AID HIGHWAY 15 (MANNING AVENUE) DEPT . PUBLIC WORKS DIVISION TRANSPORTATION TERM Signature to Project End 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 Exhibits A and 8 attached hereto. WITNESSETH: WHEREAS, the County has reconstructed County State Aid Highway (CSAH) 15 from 700' north of CSAH 12 (751h Street North) to 660' south of Trunk Highway 96 (Dellwood Road) in the City of Stillwater hereinafter referred to as "project"; and WHEREAS , items included in the construction contract require City cost participation in accordance with "County Policies for Cost Participation Between Washington County and Other Agencies for Cooperative Highway Improvement Projects" dated September 5, 1995"; and WHEREAS, the City desires to use local funds for these improvements; and WHEREAS, the County desires to use state aid funds for these improvements; and WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the construction of these transportation improvements ; 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: A. PURPOSE The purpose of this agreement is set forth in the above whereas clauses which are all incorporated by reference as if fully set forth herein . B. PLANS AND SPECIFICATION PREPARATION 1. The County has prepared the necessary plans and specifications, including compliance with all applicable standards and policies and obtaining all approvals required in arriving at the bid specifications for this project. 2. The following County project numbers have been assigned to the project: SAP 082-615- 025 and SAP 082-615-029. C. RIGHT OF WAY AND EASEMENTS 1. The County shall acquire all permanent rights-of-way, permanent easements, and temporary slope easements and shall be responsible for all land related costs. All permanent rights-of-way, permanent easements, and temporary easements will be acquired in the name of the County. Page 1 of 5 2 . Any rights-of-way, permanent easements, and temporary slope easements that cannot be obtained through negotiation will be acquired by the County through eminent domain proceedings. D. ADVERTISEMENT AND AWARD OF CONTRACT The County has advertised for construction bids and has awarded bids for construction. E. CONSTRUCTION ADMINISTRATION, OBSERVATION, AND TESTING The County shall be responsible for the construction administration, inspection, and for the observation and testing for all construction items. F. COST PARTICIPATION ITEMS AND ESTIMATED COSTS 1. The County has prepared a projection for the project's construction cost and a cost participation summary hereto attached as Exhibit B. The construction cost projection is based on the Contractor's bid unit prices. Cost participation is in accordance with the "Policies for Cost Participation Between Washington County and Other Agencies for Cooperative Highway Improvement Projects" dated September 5, 1995, which is incorporated into this agreement by reference. 2. The total construction cost estimate for this project is set forth in Exhibit B is currently $1,639 ,319. The City shall be responsible for the costs associated with those items identified in Exhibit B under the heading City of Stillwater Costs. Those items are summarized in Table 1. The City shall pay to the County costs incurred for City work after this agreement is executed. Subsequent payments to and a reconciliation of this amount at the end of the project shall be made pursuant to section G. 3. As construction proceeds, the County and City anticipate actual costs will fluctuate. As the cost and quantity of items in Exhibit B change , Exhibit B will be updated and the amounts owed by the City to the County shall be reconciled. Table 1 City of Stillwater Cost Summary Based on EXHIBIT B ITEM COST SAP 082-615-025 (ROADWAY PROJECT) $43,211 .77 SAP 082-615-029 (TRAFFIC SIGNAL) $29,071 .50 TOTAL ESTIMATED COST $72,283.27 4 . Actual construction costs shall be determined at the conclusion of the project and will be based on the contractor's unit prices and the quantities constructed. G . PAYMENT 1. During construction the County shall submit to the City an estimated cost of the partial work performed by the Contractor. Upon receipt of this estimated cost, the City shall pay to the County its share of the cost of the partial work performed as determined in Section F of this Agreement. Page 2 of 5 2. Upon substantial completion of the work the County shall prepare a final cost participation summary which will be based upon the contract unit prices and the actual units of work performed and shall submit a copy of this summary to the City. The County shall add to the City's final construction costs construction contract amendments, any necessary adjustments for liquidated damages, and deduct City funds previously advanced for the project by the City. If the amount of the total of the payments made by the City pursuant to Section G .1 is less than the actual cost to the City of its portion of the Project, the City agrees to pay the difference between the estimated amount paid by the City and the actual cost of the City's portion of the project. 3. In the event that the City paid more in advance than the actual cost of the City's portion of the project, the County shall refund without interest the amount to the City. H. CONTRACTCHANGES 1. Any modifications or additions to the final approved plans and/or specifications of the City's portion of the project shall be made part of the construction contract through a written amendment to the construction contract, but only after concurrence by the City Engineer, and the cost for such changes shall be appropriated as set forth in Section F of this Agreement. 2 . Any utility or facility which is subsequently modified or added to the final approved plans and/or specifications shall become part of the construction contract and shall be paid for in accordance with the County Cost Participation Policy as summarized in Section F of this Agreement. I. LIQUIDATED DAMAGES Any liquidated damage assessed the contractor in connection with the work performed on the project shall be shared by the City and the County in the following proportion: The respective total share of construction work to the total construction cost without any deduction for liquidated damages. J. CONDITIONS The City shall not assess or otherwise recover any portion of its cost for this project through levy on County-owned property. K. 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 . L. 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 Page 3 of 5 be rendered herein shall in no way be the obligation or responsibility of the City. M. INDEMNIFICATION 1. 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 City, its agents, officers or employees during the performance of this agreement. 2. 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. 3. 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 . 1 a(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. 4. 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). 0. OAT A PRIVACY All data collected , created, received, maintained, or disseminated, or used for any pu r poses 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 4 of 5 IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. WASHINGTON COUNTY Chair Board of Commissioners Molly O'Rourke County Administrator Approved as to form: Assistant County Attorney Date Date Date CITY OF STILLWATER Mayor City Administrator Approved as to form: City Attorney Page 5 of 5 Date Date Date CSAH 15-Grant, Stillwater, & Stillwater Twp From 700' north of CSAH 12 to 660' south ofTH 96 Project: SAP 082-615-025 This map Is the result of a eompilaHon andreproductionoflandreeo rds asthey appear in Viltious Wu h ing ton County olfiees. This ma p s hould be used for re fe ren ce purpose a only. Washington County is not rea ponsible for any l'laccurac iu. Washington ~County Road Classification INTERSTATE HIGHWAY .. • U.S. TRUNK HIGHWAY .. . @3 STATE TRUNK HIGHWAY .. liiij COUNTY STATE AID HIGHWAY ... fl COUNTY ROAD ...................... . Scale 1:260,000 0 2 4 6 8 ----Mi les --- CSAH 15 Construction Project Location Map -2014 SAP 82-615-025 COST SPUTS BASED ON BID BID OPENING : JULY 29, 2014 HARDRIVES, INC. ITEM NUMBER ITEM DESCRIPTION 2021.501 MOBILIZATION 2101 .501 CLEARING 2101 .502 CLEARING 2101 .506 GRUBBING 2101 .507 GRUBBING 2104.501 REMOVE PIPE CULVERT 2104 .509 REMOVE CONCRETE APRON 2104.509 REMOVE SIGN rYPE C 2104.513 SAWING BIT PAVEMENT FULL DEPTH 2104 .523 SALVAGE HYDRANT 2104.523 SALVAGE VALVE 2104.523 SALVAGE SIGN TYPE C 2104.523 SALVAGE SIGN TYPED 2104.523 SALVAGE CONCRETE APRON 2106 .607 EXCAVATION-COMMON P 2106.607 EXCAVATION-SUBGRADE 2106.607 COMMON EMBANKMENT CV) 2106.607 SELECT GRANULAR EMBANKMENT CV 2118.501 AGGREGATE SURFACING CLASS 2 LIME ROCK 2211.501 AGGREGATE BASE CLASS 5 2211 .503 AGGREGATE BASE cv: CLASS 5 A p 2211 .503 AGGREGATE BASE CV CLASS 5 B p 2215.501 FULL DEPTH RECLAMATION 2221 .501 SHOULDER BASE AGGREGATE CLASS 1 MOD 2232.501 MILL BITUMINOUS SURFACE 2.0" 235 :5o2 BITUMINOUS MATERIAL FOR TACK COAT 2360.501 TYPE SP 9.5 WEARING COURSE MIXTURE 2 B 2360.501 TYPE SP 12.5 WEARING COURSE MIXTURE 2 C 2360.501 TYPE SP 9.5 WEARING COURSE MIXTURE 4 F 2360.501 TYPE SP 12.5 WEARING COURSE MIXTURE 4,F) 2360.502 TYPE SP 12 .5 NON WEARING COURSE MIXTURE (4 ,B) 2411 .507 CONCRETE CULVERT TRANSITION SECTION 2501 .511 18" CS PIPE CULVERT 2501 .515 18" CS PIPE APRON 2501 .515 15" RC PIPE APRON 2501.515 18" RC PIPE APRON 2501.515 36" RC PIPE APRON 2501:521 44" SPAN RC PIPE-ARCH CULVERT CL IIA 2501 .561 15" RC PIPE CULVERT DES 3006 2501 .561 18" RC PIPE CULVERT DES 3006 2501 .561 36" RC PIPE CULVERT DES 3006 2501 .561 48" RC PIPE CULVERT DES 3006 2501 .569 18" CS SAFETY APRON 2501 .573 INSTALL CONCRETE APRON 2502.501 4" PRECAST CONCRETE HEADWALL 2502.521 4" TP PIPE DRAIN 2502.541 4" PERF PE PIPE DRAIN 2503.601 CONNECT TO INPLACE CULVERT HARDRIVES, INC. UNIT TOTAL UNIT QTY. COST LUMP SUM 1.0 $ 31 ,758.34 ACRE 0.6 $ 1,070.65 TREE 68.0 $ 214.13 ACRE 0.6 $ 535.33 TREE 68.0 $ 160.60 LIN FT 844.0 $ 10.71 EACH 3.0 $ 428.26 EACH 17.0 $ 37.47 LIN FT ·88.0 $ 4.28 EACH 4.0 $ 1 605.98 . EACH 2.0 $ 802.99 EACH 26.0 $ 37.47 EACH 4.0 $ 37.47 EACH 5.0 $ 802.99 CUYD 14,051 .0 $ 9.60 CUYD 2,693.0 $ 10.67 CUYD 5,005.0 $ 10.14 CUYD 3 783.0 $ 10.14 TON 31.0 $ 26.77 TON 220.0 $ 15.42 CUYD 3 772 .0 $ 19.81 CUYD 952.0 $ 20.88 SQYD 27,893.0 $ 2.35 TON 1,173.0 $ 17.56 SQYD 855.0 $ 7.36 GALLON 1109.0 $ 1.96 TON 1 072.0 $ 70.30 TON 1 043.0 $ 70.90 TON 2 860.0 $ 74.90 TON 2,741 .0 $ 74 .90 TON 2,87 1.0 $ 59 .05 EACH 1.0 $ 3,426.10 LIN FT 7 16.0 $ 48.18 EACH 12.0 $ 321.20 EACH 2.0 $ 952.89 EACH 1.0 $ 1 043.89 EACH 2.0 $ 1 980.72 LIN FT 17 .0 '$ 187.36 LIN FT 18.0 $ 85.65 LIN FT 29.0 $ 91.01 LIN FT 50 .0 $ 155.25 LIN FT 11.0 $ 224.84 EACH 16.0 $ 481 .80 EACH 5.0 $ 1 284.79 EACH 18.0 $ 214.13 LIN FT 268.0 $ 6.64 LIN FT 3,947.0 $ 3.43 EACH 1.0 $ 802 .99 EXHIBIT B PARTICIPATING COSTS CITY OF WASHINGTON CITY OF WASHINGTON STILLWATER COUNTY STILLWATER COUNTY COST TOTAL QUANTITY QUANTITY COST COST 0.05 0.95 $ 1,587.92 $ 30,170.42 $ 31 ,758.34 d.6 $ -$ 642.39 $ 642.39 68.0 $ -$ 14,560.84 $ 14,560.84 0.6 $ -$ 321 .20 $ 321 .20 68.0 $ -$ 10,920.80 $ 10,920.80 844 .0 $ -$ 9,039.24 $ 9,039.24 3.0 $ -$ 1,284.78 $ 1,284.78 17.0 $ -$ 636.99 $ 636.99 88.0 $ -$ 376.64 $ 376.64 4.0 0.0 $ 6,423 .92 $ -$ 6,423.92 2.0 0.0 $ 1,605.98 $ -$ 1,605.98 26.0 $ -$ 974.22 $ 974.22 4.0 $ -$ 149.88 $ 149.88 5.0 $ -$ 4 ,014.95 $ 4,014.95 14,051 .0 $ -$ 134,889.60 $ 134,889.60 2,693 .0 $ -$ 28,7 34.31 $ 28 ,734.31 5,005 .0 $ -$ 50,750.70 $ 50,750.70 3 783.0 $ -$ 38 ,359.62 $ 38,359.62 31.0 $ -$ 829.87 $ 829 .87 220.0 $ -$ 3,392.40 $ 3,392.40 3 772 .0 $ -$ 74 ,723.32 $ 74,723 .32 178.0 774.0 $ 3,716.64 $ 16,161 .12 $ 19,877 .76 27 ,893.0 $ -$ 65 ,548.55 $ 65,548.55 1,173.0 $ -$ 20,597.88 $ 20,597 .88 855.0 $ -$ 6,292.80 $ 6,292 .80 1 109 .0 $ -$ 2,173.64 $ 2,173.64 200.0 872.0 $ 14,060.00 $ 61 ,301 .60 $ 75,361 .60 1 043.0 $ -$ 73,948.70 $ 73,948.70 2 860.0 $ -$ 214.214.00 $ 214,214.00 2 ,741.0 $ -$ 205 ,300.90 $ 205,300.90 2,871 .0 $ -$ 169,532 .55 $ 169,532.55 1.0 $ -$ 3,426.10 $ 3,426 .10 716.0 $ -$ 34,496.88 $ 34,496.88 12.0 $ -$ 3,854.40 $ 3,854.40 2 .0 $ -$ 1,905.78 $ 1,905.78 1.0 $ -$ 1,043.89 $ 1,043.89 2 .0 $ -$ 3,961.44 $ 3,961 .44 17.0 $ -$ 3,185.12 $ 3,185.12 18.0 $ -$ 1,541.70 $ 1,541 .70 29.0 $ -$ 2,639.29 $ 2,639.29 50 .0 $ -$ 7,762 .50 $ 7,762 .50 11.0 $ -$ 2,473.24 $ 2,473 .24 16.0 $ -$ 7,708.80 $ 7,708 .80 5.0 $ -$ 6,423.95 $ 6,423.95 18.0 $ -$ 3,854.34 $ 3 854.34 268.0 $ -$ 1,779.52 $ 1,779.52 3,947.0 $ -$ 13,538.21 $ 13,538.21 1.0 $ -$ 802.99 $ 802 .99 SAP 82~15-025 COST SPUTS BASED ON BID BID OPENING: JULY 29, 2014 HARDRIVES, INC. ITEM NUMBER ITEM DESCRIPTION 2504.602 INSTALL HYDRANT 2504.602 ADJUST HYDRANT 2504.602 INSTALL VALVE 2504.602 ADJUST VALVE 2506.502 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 2511.501 RANDOM RIPRAP CLASS II 12" 2521.501 6" CONCRETE WALK 2531 .501 CONCRETE. CURB AND GUTTER DESIGN B424 2531 .618 TRUNCATED DOMES RADIAL 2540.602 MAIL BOX SUPPORT 2554.509 GUIDE POST TYPE B 2563.601 TRAFFIC CONTROL 2563.601 TRAFFIC CONTROL SUPERVISOR 2563.610 FLAG PERSON 2564.531 SIGN PANELS TYPE C 2564.531 SIGN PANELS TYPED 2584.537 INSTALL SIGN TYPE C 2564.537 INSTALL SIGN TYPE D 2572.501 TEMPORARY FENCE 2573.502 SILT FENCE TYPE MS 2573.533 SEDIMENT CONTROL LOG TYPE WOOD FIBER 2573.533 SEDIMENT CONTROL LOG TYPE BLANKET SYSTEM 2573.602 BIORETENTION SYSTEM 2573.603 SURFACE INFILTRATION TRENCH 2574.508 FERTILIZER TYPE 3 22-5-10 2574.525 BOULEVARD TOPSOIL BORROW 2575.501 SEEDING 2575.502 SEED MIXTURE 25-141 2575.502 SEED MIXTURE 25-151 2575.505 SODDING TYPE LAWN 2575.523 EROSION CONTROL BLANKETS , CATEGORY 1 2575.523 EROSION CONTROL BLANKETS CATEGORY3 2575.523 EROSION CONTROL BLANKETS CATEGORY4 2575.571 RAPID STABILIZATION METHOD 3 2580.603 INTERIM PAVEMENT MARKINGS 2582.501 PVMT MESSAGE RIGHT ARROW) WHITE POLY PREFORMED 2582.501 PVMT MESSAGE LEFT ARROW) WHITE POLY PREFORMED 2582.502 4" SOLID LINE WHITE-LATEX GR-IN 2582.502 24" STOP LINE WHITE-POLY PREFORM GR-IN 2582.502 4" DOUBLE SOLID LINE YELLOW-LATEX GR-IN 2582.502 24" SOLID LINE YELLOW-LATEX GR-IN 2582.503 CROSSWALK MARKING-POLY PREFORMED GROUND-IN \\Tpdfs\autocad\11503\Cost Ta bles\Cost Spl its Based on Bid .xlsx UNIT EACH EACH EACH EACH EACH CUYD SQFT LIN FT SQFT EACH EACH LUMP SUM LUMP SUM HOUR SQFT SQFT EACH EACH LIN FT LIN FT LIN FT LIN FT EACH LIN FT POUND CUYD ACRE POUND POUND SQYD SQYD SQYD SQYD MGAL LIN FT EACH EACH LIN FT LIN FT LIN FT LIN FT SQ FT HARDRIVES, INC. TOTAL UNIT QTY. COST 4.0 $ 1 605.98 1.0 $ 1 284.79 2.0 $ 1 284.79 5.0 $ 257.85 1.0 $ 6 959.26 40.0 $ 107.07 717 .0 $ 8.62 78 .0 $ 28 .91 147.0 $ 48.18 15.0 $ 117.77 9.0 $ 53.53 1.0 $ 9 582.37 1.0 $ 8 384.75 600.0 $ 62.00 42 .5 $ 42 .83 39.0 $ 48 .18 26.0 $ 133.83 4.0 $ 2 14.13 3 079.0 $ 3.21 5 773.0 $ 2.46 340.0 $ 4.18 1,460.0 $ 3.75 5.0 $ 1,177.72 1,375.0 $ 17.51 2 033.0 $ 1.07 900.0 $ 16.06 5.3 $ 428.26 320.0 $ 3.75 93.0 $ 3.75 2 ,253.0 $ 6.42 3,741 .0 $ 1.02 21 628 .0 $ 1.02 487.0 $ 1.87 34.8 $ 417.56 16410.0 $ 0.32 11 .0 $ 519.27 10.0 $ 519.27 17725.0 $ 1.03 146.0 $ 22.48 8,205.0 $ 2.06 310.0 $ 22.48 447.0 $ 21 .15 PARTICIPATING COSTS CITY OF WASHINGTON CITY OF WASHINGTON STILLWATER COUNTY STILLWATER COUNTY COST TOTAL QUANTITY QUANTITY COST COST 4.0 0.0 $ 6.423.92 $ -$ 6.423.92 1.0 0.0 $ 1.284.79 $ -$ 1,284.79 2.0 0 .0 $ 2,569 .58 $ -$ 2,569.58 5.0 0.0 $ 1,289.25 $ -$ 1,289.25 1.0 $ -$ 6 ,959.26 $ 6,959.26 40.0 $ -$ 4,282.80 $ 4,282.80 78.0 639.0 $ 672.36 $ 5,508.18 $ 6,180.54 78.0 $ -$ 2,254.98 $ 2,254.98 17.0 130.0 $ 819.06 $ 6,263.40 $ 7,082 .46 15.0 $ -$ 1,766.55 $ 1,766.55 9.0 $ -$ 481.77 $ 481 .77 0.05 0.95 $ 479.12 $ 9,103.25 $ 9,582 .37 0.05 0.95 $ 419.24 $ 7,965.51 $ 8,384.75 30.0 570.0 $ 1,860.00 $ 35,340.00 $ 37,200.00 42 .5 $ -$ 1,820.28 $ 1,820.28 39.0 $ -$ 1,879.02 $ 1,879.02 26.0 $ -$ 3,479.58 $ 3,479.58 4.0 $ -$ 856.52 $ 856.52 3 079.0 $ -$ 9,883.59 $ 9,883.59 5,773.0 $ -$ 14,201 .58 $ 14,201 .58 340.0 $ -$ 1,421 .20 $ 1,421.20 1,460.0 $ -$ 5,475.00 $ 5,475.00 5.0 $ -$ 5,888.60 $ 5,888.60 1,375.0 $ -$ 24,076.25 $ 24,076.25 2 033.0 $ -$ 2,175.31 $ 2175.31 900.0 $ -$ 14,454.00 $ 14,454.00 5.3 $ -$ 2,269.78 $ 2,269.78 320.0 $ -$ 1,200.00 $ 1,200.00 93.0 $ -$ 348.75 $ 348.75 2,253 ,0 $ -$ 14,484.26 $ 14,484.26 3 ,741 .0 $ -$ 3,815.82 $ 3,815.82 21 628 .0 $ -$ 22,060.56 $ 22 ,060.56 487.0 $ -$ 910.69 $ 910.69 34.8 $ -$ 14,531 .09 $ 14,531 .09 16410.0 $ -$ 5,251 .20 $ 5,251 .20 11.0 $ -$ 5,711.97 $ 5,711 .97 10.0 $ -$ 5,192.70 $ 5,192.70 17,725.0 $ -$ 18,256.75 $ 18,256.75 146.0 $ -$ 3,282.08 $ 3,282.08 8,205.0 $ -$ 16 ,902.30 $ 16,902.30 310.0 $ -$ 6,968.80 $ 6,968.80 447 .0 $ -$ 9,454.05 $ 9,454.05 TOTAL $ 43,211.77 $ 1,636,399.49 $ 1,679,611.26 SAP 82~15~29 COST SPLITS BASED ON BID AMOUNT QUANTITY DISTRIBUTION PEOPLES COST DISTRIBUTION ITEM ITEM DESCRIPTION UNIT WASHINGTON CITY OF TOTAL ELECTRIC WASHINGTON CITY OF TOTAL COUNTY STILLWATER QTY. UNIT COST COUNTY STILLWATER COST 2021.501 MOBILIZATION LUMP SUM 1.00 0 .00 1.00 $ 2 ,368.00 $ 2,368.00 $ -$ 2,368.00 2563.601 TRAFFIC CONTROL LUMP SUM 1.00 0.00 1.00 $ 5 ,801 .00 $ 5,801 .00 $ -$ 5,801 .00 2565.511 TRAFFIC CONTROL SIGNAL SYSTEM A SIG SYS 0 .75 0 .25 1.00 $ 106 ,913 .00 $ 80,184.75 $ 26 ,728 .25 $ 106,913.00 2565.601 EMERGENCY VEHICLE PREEMPTION SYSTEM A LUMP SUM 0 .75 0.25 1.00 $ 9 ,373.00 $ 7 ,029.75 $ 2,343.25 $ 9 .373.00 2565.601 TRAFFIC CONTROL INTERCONNECTION LUMP SUM 1.00 0.00 1.00 $ 32,758.00 $ 32,758.00 $ -$ 32 ,758.00 2565.616 REVISE SIGNAL SYSTEM B SYSTEM 1.00 0 .00 1.00 $ 12,928.00 $ 12,928.00 $ -$ 12,928.00 2565.616 REVISE SIGNAL SYSTEM C SYSTEM 1.00 0.00 1.00 $ 6 ,904.00 $ 6 ,904.00 $ -$ 6,904.00 2565.616 REVISE SIGNAL SYSTEM D SYSTEM 1.00 0.00 1.00 $ 2 ,646 .00 $ 2 ,646.00 $ -$ 2 ,646.00 TOTAL $ 150,619.50 $ 29,071.50 $ 179,691.00 \\Tpdfs\autocad\11503-T-Hardrives2014\Cost Tables\Signai\Cost Split Based on Bid Am ount.xlsx RESOLUTION 2015-101 APPROVING COOPERATIVE AGREEMENT BETWEEN THE CITY OF STILLWATER AND WASHINGTON COUNTY FOR THE MAINTENANCE OF COUNTY STATE AID HIGHWAY 15 (MANNING AVENUE) WHEREAS, a maintenance agreement lists the City's responsibility to maintain the trail, the boulevard and existing utilities of construction of County State Aid Highway 15 (Manning Ave) has been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 0 F STILLWATER, MINNESOTA that the agreement presented to Council on June 2, 2015 and on file with the office of the City Clerk are hereby approved and authorizes the Mayor and City Clerk to execute said agreements. Adopted by the City Council this 2nd day of June 2015. Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk WASHINGTON COUNTY CONTRACT NO. 9557 COOPERATIVE AGREEMENT BETWEEN THE CITY OF STILLWATER AND WASHINGTON COUNTY FOR MAINTENANCE OF COUNTY STATE AID HIGHWAY 15 (MANNING AVENUE} 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 Exhibits A WITNESSETH: WHEREAS, the County has reconstructed and desires to maintain County State Aid Highway (CSAH) 15 from 700' north of CSAH 12 (75th Street North) to 660' south of Trunk Highway 96 (Dellwood Road) in the City of Stillwater hereinafter referred to as "project"; and WHEREAS, The project effects various City utilities, signing of City streets, and a trail; and WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the maintenance of these transportation improvements; 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: A. PURPOSE The purpose of this agreement is set forth in the above whereas clauses which are all incorporated by reference as if fully set forth herein. B. MAINTENANCE/OWNERSHIP 1. Upon completion of the project, the City shall own and maintain the following under this project: a. Municipal utilities, including sanitary sewer and water main . b. Signing. All permanent roadway signing on City roads will be controlled by the City. 2 . Upon completion of the project, the City shall maintain the following under this project: a. Trail from CSAH 12 (751h Street North) to County Road (CR) 64 (McKusick Road). Maintenance shall include sweeping and snow plowing. b. Corridor boulevards. The City, at their expense, may, but are not required to, perform corridor boulevard mowing. c. Curb and gutter. The City shall own and maintain all curb and gutter on its City right-of-way existing or constructed under this project. 3. Upon completion of this project the County shall own and maintain the following under this project: a. Centerline culverts. The County shall own and maintain centerline culverts on its County right-of-way existing or constructed under this project. b. Signing. All permanent roadway signing on County roads will be controlled by the County. c. With respect to the constructed corridor boulevard, the County will mow the corridor boulevards a minimum of twice per year . d. Curb and gutter. The County shall own and maintain all curb and gutter on its County right- of-way existing or constructed under this project. e. Pavement. The County shall own and maintain all pavement systems constructed under this project, including pavement preservation of the trail. Page 1 of 3 4. All maintenance required to be performed by this agreement by the Parties shall be performed in a manner which shall be at the sole discretion of the party so obligated. 5. The City and County will follow work zone traffic control procedures required in the Minnesota Manual of Uniform Traffic Control Devices for all maintenance activities. 6 . The County will notify the City at 651-430-8830 at least 24 hours in advance of any maintenance activities requiring a lane closure or permit to complete work within the City right- of-way. 7. The County will control all parking and other regulations on County roads, subject to any previous Agreements between the City and the County. C. 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. D. 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. E. INDEMNIFICATION 1. 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 City, its agents, officers or employees during the performance of this agreement. 2. 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. 3. 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. 1 a(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 . 4. 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). Page 2 of 3 G. OAT A 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. IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. WASHINGTON COUNTY Chair Board of Commissioners Molly O'Rourke County Administrator Approved as to form: Assistant County Attorney Date Date Date Page 3 of 3 CITY OF STILLWATER Mayor Date City Administrator Date Approved as to form: City Attorney Date CSAH 15-Grant, Stillwater, & Stillwater Twp From 700' north of CSAH 12 to 660' south ofTH 96 Project: SAP 082-615-025 This m;~p [., tl'le reaull ol a compilatiem and re pro duction ofland reeords as they appeilrinvarious Washington County omcea . This m<~p should be used for reference purposu. only. Washington County is not respon5ibleforanylnaceuracies. Washington ~County Road Classification INTERSTATE HIGHWAY .. • U.S. TRUNK HIGHWAY . . 8 STATE TRUNK HIGHWAY.. !iii COUNTY STATE AID HIGHWAY .. • COUNTY ROAD .. ~ Scale 1:260,000 0 2 4 6 8 ----Miles -- CSAH 15 Construction Project Location Map -2014 MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director ofPublic Works Date: May 28th, 2015 Subject: Conveyance of Land to Washington County DISCUSSION: As part of the Manning A venue improvements, Washington County is requesting conveyance of a parcel of land along the corridor. In particular, this parcel is located north of Boutwell Road and was platted as an outlot as part of the Settles Glen Development in anticipation of the future improvements along Manning A venue. Since the new trail is constructed within this parcel it seems appropriate to convey this outlot to the County. The County has sent over a warranty deed for this conveyance for approval. RECOMMENDATION Staff has reviewed the warranty deed and recommend approval. ACTION REQUIRED If Council agrees with the recommendation they should pass a a resolution approving the Conveyance and authorizing the Mayor and City Administrator to sign the Warranty Deed. WARRANTY DEED DEEDTAXDUE: ""-$ __ _ Date: _______ , 2015 FOR VALUABLE CONSIDERATION, the City of Stillwater, a Minnesota Municipal Corporation, Grantor, hereby conveys, warrants, and defends to Washington County, Grantee, a body corporate and politic under the laws of Minnesota, real property in Washington County, Minnesota, described as follows: Parcell of Washington County Highway Right of Way Plat No. 174-CSAH 15 Said Washington County Highway Right of Way Plat No. 174 is recorded as Document No. 3964019 in the Recorder's Office ofWashington County, Minnesota. together with all hereditaments and appurtenances. Check box if applicable: _ The Seller certifies that the seller does not know of any wells on the described property. A well disclosure certificate accompanies this document. _ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. CITY OF STILLWATER By: ------------------------------ Mayor By: ---~~-----------------------City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) This instrument was acknowledged before me on the __ day of , 2015, by _________ , Mayor of Stillwater and , City Administrator of Stillwater, representatives of the City of Stillwater, a Minnesota Municipal Corporation, Grantor. Notarial Stamp or Seal (Or Other Title or Rank) THIS INSTRUMENT WAS DRAFTED BY: Washington County Attorney 's Office and Washington County Public Works 11660 Myeron Road North Stillwater, MN 55082 Signature ofNotary Public or Other Official Check here if part or all of the land is Registered (Torrens) Tax Statements for the real property described in this instrument should be sent to (include name and address of Grantee): Washington County Public Works I 1660 Myeron Road North Stillwater, MN 55082-9573 50 100 i!!!!!!!!!!!!!!!!!!!!!!!!!!!!!Fee t Was hingto n County Public 11\k)rks Departmen t Survey and land Management Division C.S.A.H.15 Right of Way Acquistion Parcel1 R1W Plat No. 174 City of Stillwater Property 1903020330009 Total Parcel +/-1.5 Acres STAFF REQUEST ITEM 1 Department: MIS I Date: 5/29/2015 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of Sophos Suite of software for Antivirus, Web filter and E-mail filter. This will replace what we are currently using, Symantec and Websense, because these program are more expensive and use a lot resources. We are also hoping that the change in Anti-Virus software will help to eliminate more of the problems. 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) Three year cost of bundled products is $9468.00. Money is available in the 2015 capital outlay budget for this. ADDITIONAL INFORMATION ATTACHED Yes X No --- ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Rose Holman Date: 5/29/2015 MN CITY OF STILLWATER Rose Holman 216 N. FOURTH STREET ATIN : ACCOUNTS PAYABLE STILLWATER , MN 55082 United States Pricing Proposal Quotation#: 9712794 Created On : 5/21/2015 Valid Until : 6/20/2015 Inside Account Executive Alexander Kisin 290 Davidson Ave Somerset, NJ 08873 Phone : 800-477-6479 Fax: 800-477-6479 Phone : (651) 430-8804 Fax : Email: Alexander_Kisin@shi.com Email : All Prices are in US Dollar (USD) Product Qty Your Price Total ------------------------------·-------··------ Sophos End User Protection Web and Mail -Subscription license ( 3 years ) -1 user-200 volume , GOV-200-499 licenses-Linux, Win, Mac, Pocket PC , BlackBerry OS , Android , iOS, Windows Phone Sophos -Part#: EGPI3GSAA 2 Sophos Professional Services Enterprise Consulting -Technical support-consulting 4 - 1 hour Sophos-Part#: PHRZTCCAA $42.00 $267 .00 Subtotal Total $8,400.00 $1 ,068 .0 0 $9,468.00 $9 ,468.00 The Products offered under this proposal are subject to the SHI Return Policy posted at www.shi.com/returnpolicv, unless there is an existing agreement between SHI and the Customer. c.St ii iYY a ter_ :g ~e::=~ Adtninistration ') TO: Mayor & City Council FROM: City Administrator McCarty ~ /lA.~ DATE: May 28 , 2015 SUBJECT: Cable Communications Budgetsfor Fiscal Year 2015 BACKGROUND INFORMATION: Attached are the budgets for fiscal year 2015 for the Central St. Croix Valley Joint Cable Communications Commission and Valley Access Channels. The budgets need to be approved by all member cities. I have reviewed the two budgets and compared them with prior years, and it appears they are reasonable and appropriate. RECOMMENDATION: It is recommended that Council approves the fiscal year 2015 budgets for Central St. Croix Valley Joint Cable Communication Commission and Valley Access Channels . 216 4th Street N, Stillwater, MN 55082 651 -430-8800 Website: www.ci.stillwater.mn.us Central St. Croix Valley Joint Cab[e Communications Commission Operating & Capital Expenditure Budget Fiscal Year 2015 (February 1, 2015-January 31, 2016) Revenue Franchise Fees PEG Fees Interest Earnings Expense Reimbursements Total Revenue Expenses Salary (incfudes employer's FICA & PERA) Admin. Secretary (30 hr. week) 40 ,290 Professional Services Legal Fees /Franchise Renewal Accounting FY 2014 Audit Expense Other Expenses Office Supplies Telephone Postage Ma intenance/Repairs Conf/Mtgs/Dues Print/Pub lish Insurance/Bond Medical Insurance Dental insurance Office Rent Gas & Ele ct ric Security System M onito ring · Photocopier Expenses Poss ible In ternet Expense , 6 mon th s (split with Valley Access Channe ls) 20,000 4,500 10 ,900 21 ,000 1,200 3 00 . 100 1,500 500 5:ooo 11 ,000 415 24 ,300 3,000 200 800 225 ------- 331 ,300 131 ,0 30 500 . 1 000 $ 463,830 Cable Commission FY 2015 Budget-Page 2 Access Center Support 325,300 (PEG Fees 131 ,030 ; Fra n chise Fees 1 93 ,770 ; Interest Earn ings 500 ) Miscellaneous Expenses Valley R idge Mall Christmas Event Premium Waters Re~~ey~_f_und~ccourits Legal Contingency Leasehold/Facility/Relocatioh HVAC Maintenance/Repair Security Fund Capitol Revolving Fund Payroll Expense Reserves Office Equipment Fund Total Expenses 1,000 200 100 -0- -0- -0- -0- -0- 3,000 8 .000 $ 463,830 A 2.75% COLA was budgeted for this year. Valley Access Channels Operating & Capital Expenditure Budget Fiscal Year 2015 (February 1, 2015-January 31, 2016) Revenue Commission Subsid ie s: PEG Fees Franchise Fees Interest Earnings Lower Val ley Funds Tape Dub Reimbursements 834 School Dist. Reimbursement M iscellaneous Reimbursements Total Revenue Expenses 131 ,03 0 193,770 500 *Salaries (includes employer's FICA & PERA where applicable ) Access Manager-40 hours/wk 63 ,490 Lead Facilities Coordinator-40 hours/wk 51,310 Facilities Coordinator-40 hours/wk 41 ,250 Facilities Coordinator-40 hours/wk 43,700 PTAccess Associates-up to 20 hrs/wk. 17,550 Govt. Meetings & School Board Meetings 8 ,6 50 Freelance/Temp Employees 17.500 Total Salary Expense $243,450 Professional Ser..rices Accounting Other Expenses -Office-Supplies -- Med ia Supplies* Telephone Rent & CAM Gas & Electric Premium Waters Insurance/Bond Medical Insurance Dental insurance Postage/Mtg/Conf/Dues Maintenance/Repairs Mileage, gas & car repairs Internet for 6 months (spl it w/Commission 4,500 -1,000 3,000 1,200 48,600 3 ,000 . 150 5 ,000 23,000 1,650 800 6 ,500 2 ,000 225 325 ,300 16 ,800 10 ,000 3,500 1.000 $ 365,600 Valley Access Channels-FY 2015 Budget-Page 2 Publicity Mise/Facility/Office Furniture Security Monitoring Copy Machine Expense Reserve Funds for CitiesNAC (Repair/Replace Equipment) Total Expenses 1,0 00 7 ,0 00 350 800 12 ,375 $ 365,600 A 2 .75% COLA increase has been budgeted for this year. . · .. Date: May 29, 2015 TO: Mayor & Council FROM: Diane Ward, City Clerk SUBJECT: Fees Staff has received a reqeust for a “special vehicle” license (golf cart). City Code Section 51- 9, Special Vehicle Use on Roadway allows for the issuance of this licnese by the Police Department. However, in researching the Code it was noticed that an actual fee was not determined within the ordinance or on the City’s Fee Schedule. It is recommended that the license for the “special vehicle” license be $100. The fee for a kennel license (4 or more dogs over six months in a Commerically Zoned district-not allowed in residential district) was not included in the fee schedule. It is recommended that a kennel license fee be $250. ACTION REQUIRED: If Council agrees with the staff’s recommendation, they should pass a motion adopting a resolution entitled “Amending Resolution 2014-203, 2015 Fee Schedule” to include the following: POLICE FEES: Kennel License $250.00 Special Vehicle License $100.00 RESOLUTION 2015-103 AMENDING RESOLUTION 2014-203 – 2015 FEE SCHEDULE WHEREAS, the City Council reviewed the request to add the Special Vehicle & Kennel License Fee at their June 2, 2015 meeting; and WHEREAS, the recommendation was to raise the fees as follows: POLICE FEES: Kennel License $250.00 Special Vehicle License $100.00 NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council that the above Police Fees are approved. Adopted by the Stillwater City Council this 2nd day of June, 2015 _____________________________ Ted Kozlowski, Mayor ATTEST: __________________________________ Diane F. Ward, City Clerk Memorandum To: From: Date: Mayor and City Council Tim Moore, Public Works Superintendent {',fl' May 27,2015 Subject: Lowell Park Restroom Improvement Acceptance of Work and Final Payment for Electrical Services DISCUSSION The electrical service on the above project has been completed. The contractor has submitted their application for payment and required information to allow for final payment. RECOMMENDATION Staff recommends that Council accept the work and authorize final payment to Marshall Electric Company in the amount of $25,300.00 ACTION REQUIRED If Council concurs with staff recommendation, Council should pass a motion adopting Resolution No. 20 15-_, ACCEPTING WORK AND ORDERING FINAL ELECTRICAL PAYMENT FOR SOUTH LOWELL PARK RESTROOM IMPROVEMENT PROJECT (Project 2012-05). ACCEPTING WORK AND ORDERING FINAL ELECTRICAL PAYMENT FOR SOUTH LOWELL PARK RESTROOM IMPROVEMENT PROJECT PROJECT 2012-05 WHEREAS, pursuant to a written contract signed between the City and Marshall Electric Company for installation of electricity on the South Lowell Park Restroom Improvement Project (Project 2012-05) and their work has been completed with regard to the improvement in accordance with such contract, BE IT FURTHER RESOLVED: That the city clerk and mayor are hereby directed to issue a proper order for the final payment of $25,300.00 on such contract, taking Marshall Electric Company receipt in full. Adopted by the Council, this 2nd day of June 2015. Ted Kozlowski, Mayor Attest: --------------------------Diane F. Ward, City Clerk Date: May 29, 2015 TO: Mayor and City Council FROM: Diane Ward, City Clerk SUBJECT: Summer Tuesdays Noise Ordinance Waiver Summer Tuesdays is proposed to take place on seven Tuesdays from July to August, starting at 4:00 p.m. however because their event will extend past the 10:00 p.m. noise ordinance requirement, they have requested a waiver of the noise ordinance to 11:00 p.m. This year they would like to do the movie in the new amphitheater, only use parking lot 5 (the new smaller lot) for food vendors and the retail vendors will be in the park instead of a parking lot. They will be blocking Sam Bloomer Way in front of gazebo (see map) but access to the south remains open as well as Parking Lot 4. They will provide their own barricades. No portabl e restrooms are required but they will restock, clean and maintain pedestrian plaza restrooms. City Services: $750 damage deposit (on file) 1 electrical box - $20 per outlet X 7 dates = $140 Amphitheater Rental - $125 per day x 7 dates = $875.00 Parking Lot #5 – $1.50 per space X 7 spaces X 7 dates = $73.50 Water Shut off key deposit = $50.00 (on file) Total amount due by June 19, 2015: $1,088.50 RECOMMENDATION: There have not been any issues in the past therefore staff recommends approval of the noise waiver until 11:00 p.m. for Summer Tuesdays and payment for City services by June 19, 2015. RESOLUTION 2015-105 APPROVAL OF 2015 SUMMER TUESDAYS SPECIAL EVENT AND CONTRACT BE IT RESOLVED, by the City Council of Stillwater, MN that the special event and contract between Summer Tuesdays, Inc. and the City of Stillwater, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor and City Clerk to sign the contract. Adopted by the City Council of the City of Stillwater this 2nd day of June, 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk SUMMER TUESDAYS AGREEMENT 2015 THIS AGREEMENT between the City of Stillwater, Washington County, Minnesota (“City”), and Summer Tuesdays Inc. (“Organizer”), 1. Summer Tuesdays. The City has encouraged Summer Tuesdays in order to foster and promote tourism and encourage commerce that will ultimately increase property values and the quality of life within the City. 2. Event/Alcohol. No alcohol will be served during this event and no Other Alcohol or Coolers are allowed. 3. Signs. The Organizer will post signs, the number and content of which must be approved by the City Police Chief, describing the regulations prohibiting liquor as well as the prohibition against participants bringing their own liquor into the park. 4. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and rep ose of the residential area on the bluffs on the north, west and south edges of the downtown. 5. Dates and Hours of Event. Operations are limited as follows: July 7, 14, 21, 28 and August 4, 11, 18 (7 dates) from 4:00 p.m. to 11:00 p.m. 6. Police Power. The City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Organizer will assist the police in the clearing of the Area. 7. Use of Parking Lots. THE ORGANIZER IS AWARE AND WILL INFORM ALL VENDORS AND EVENT PARTICIPANTS THAT STAKING INTO THE ASPHALT FOR TENTS, ETC. IS NOT ALLOWED (ANY DAMAGE REPAIR WILL BE PAID FOR BY THE EVENT ORGANIZER). The Event is given use of Lot 5. The Organizer agrees to pay the City for the use of the parking lot according to the parking space fees designated by the City Council. 8. Trail. The bicycle and pedestrian trail from Laurel Street to Nelson Street must remain open and unobstructed (no vehicles, trailers etc.) for the public during the Event. The Organizer shall pay for any restoration of the trail caused by the Event, as determined by the City. 9. Park Property. Lessee shall ensure that no vehicles drive on the City’s park property. In the event that damages occur to the City’s property, the Organizer shall pay for any restoration of the park as determined by the City. 10. Irrigation System in Park Property. Lowell Park is maintained by a buried irrigation system. This system can be damaged by stakes or posts that are driven into the ground. For that reason, stakes or posts longer than 12 inches and more than a quarter inch in diameter may not be used in the park. Further, as insurance against damage, a deposit must be made to the City in the amount of $750.00 and any damage to the system will be deducted from the deposit. The balance of the deposit will be returned with 30 days of the conclusion of the event. 11. City Services. The type and amount of materials needed for the Event will be determined by the Public Works Superintendent. The Organizer shall be required to barricades for street closure, trash removal and electricity for vendors. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. a. Portable Toilets. The Organization must furnish at least 8 portable restrooms, with hand sanitizing to facilitate expected crowds. Additional portable restrooms must be provided by the Event Organizer if deemed necessary to protect public health as determined by the Public Works Department. b. City Public Restrooms. City Public Restrooms on the Pedestrian Walkway will remain open during the Event and the City will supply and equip the restroom, however, the Event Organizer will be responsible for maintaining, cleaning, security and supervision for the restrooms. If the Event Organizer does not have the manpower to maintain the public restrooms, the City will provide staffing or a contractor with the costs (overtime rate) to be invoiced to the Event Organizer. The City shall be notified 2 weeks in advance of the Organizer’s intent on maintaining the City restrooms. c. Barricade Placement. Lessee may at 8:00 am place barricades at the parking lot entrance on Myrtle Street. Barricade placement for Sam Bloomer way shall not occur until two hours prior to the event. d. Trash Enclosures. The Organizer shall furnish dumpsters or roll-off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. e. Electricity and Water. Each electrical box needed for the Event will be opened by the City on May 30, 2015. The Organizer shall be charged for the use of each electrical box according to the permit fee schedule. Organizer agrees to meet with the City and/or the State electrical inspector a minimum of 1 week prior to event to ensure all vendors using electrical service comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Event Organizer responsibility. f. The City shall provide the Organizer a key for the water shut off valve. The Organizer shall provide a $50 deposit for such key and will be reimbursed upon return of said key. g. Cleanup/Removal. Organizer shall remove all barricades, and portable toilets by 3:30 p.m. on the Monday following the event. Organizer shall remove trash, additional trash enclosures no later than Noon, Monday following Event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. 12. Vendors. NO CAMPING. The Organizer agrees to inform any vendors that there is no camping in Lowell Park or any City parking lots. a. The Organizer agrees that any vendor using cooking facilities will be inspected for safety by the Stillwater Fire Department and Washington County Health Department. Inspection costs (if any) shall be paid for by the Event Organizer directly to the agency/person doing the inspection. b. The Organizer agrees to ensure that all vendors waste water be discharged into a holding tank approved by Washington County Health Department. Vendors without an approved holding tank shall discharge into grey water barrels provided by the Organizer. Disposal costs are the responsibility of the Organizer. For no reason shall grey water barrels or holding tanks be disposed into the City’s Sanitary or Storm Systems. c. The Organizer agrees to provide 1 hand washing station to facilitate the expected crowds and vendors as deemed necessary to protect public health. 13. Insurance. The Organizer must provide to the City satisfactory proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims that might be brought against the Event that arise out of the Event’s authorized by this Agreement and to name the City as an additional insured on their policy as their interest may appear. 14. Hold Harmless and Indemnify. The Organizer agrees to hold the City harmless and to indemnify and defend the City with regard to any claims, causes of action, or demands that might be brought against the City arising out of the activities in the area. 15. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. IN WITNESS WHEREOF, the parties have set their hands this 1st day of April, 2015. SUMMER TUESDAY’S INC. _________________________________ Signature _________________________________ Its_______________________________ Print Name STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ____ day of ___________, 2015, by ______________________________, its _____________________________________________ for the Summer Tuesday’s Inc. Notary Public CITY OF STILLWATER _________________________________ Ted Kozlowski, Its Mayor ATTEST: __________________________________ Diane F. Ward, Its Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ____ day of ___________, 2015, by Ted Kozlowski, Mayor, and Diane F. Ward, Clerk, on behalf of the CITY OF STILLWATER. Notary Public .. ,. ---i?'J) raf .llfHPLaCE o• •la•tSifl EVENTS PERMIT APPLICATION 21.6 N rth 4th St t Stillwater. MN 5508 0 reei' , Telephone: 651.-430-8800 Fax: 651.-430-8 "· ,, v e 01 __ , 4 .• .{ 09 ."I!': I) r " I ' ' ·-U15 Incomplete applications or applications received after deadline will not be Qf/J.ce U~ Oafl! f .. ~ accepted. See Event Instructions for appllcatlon deadline and fees. Date Appl cat lo~ Kec et ve • , .. _ . 5/11/2015 EN G" ... s ,· Date of Application: Type: Event -:,p ecia l iv~n t ~~~~T ' Event Information Title/Name of Event Summer Tuesdays Event Date/Time: Set up: Date Tuesdays 7/7-8/18 (7 nights) Time 3 to 5 Actual Event: Date Time 5 to 11 Clean up: Date Time 11 to 12 (Events after 10:00 p.m . require a variance from City Council Location (Address) of Event: North Lowell Park, Amphi-theater and Parking lot# 5 (If in Lowell Park please specify north or south Lowell park) Description of Event (please be specific -this Information will be used to promote the event on the Oty of Stillwater website) Celebrate summer with a Market, Music and a Movie. Stillwater's Free Community event for the entire family. Held in Lowell Park on the waterfront in histroric downtown. This year we are excited to use the new Lowell Park Amphi-theater. Bring the family, a blanket and your dancing shoes. ( in case of rain, the live music will be moved to the Water Street Inn) Estimated Attendance (participants and spectators): 400-600 per night Applicant Information (Person/Group Responsible) Sponsoring Organization Name: Summer Tuesdays Inc. - a non-profit, locally run organization Mailing Address: 101 Water St City, State, Zip Code: Stillwater, MN 55082 Primary Contact/Applicant Name: Cory Buettner Phone Number: 651 295 4725 Fax: Cell Phone: same Email Address: corybuettner@gmail.com Website Address: www.summertuesdays.com Name of contact person during event: Cassie Mclemore Cell Phone : 651 587-8970 Alternate contact during event: Chuck Dougherty Cell Phone : 612 414-0865 Refer media or citizens inquires to: Cory Buettner Phone: 651 295-4725 Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features Will any signs/banners be put up No D Yes ~ N b d . Yes over Main Street urn er an s1ze: Will there be any inflatables? No IX] Yes D Insurance certiflcotejram rental vendor Is required Will there be entertainment? No D Yes [ZJ What type: Music & Movie Fees for electricity may apply see Instructions Will sound amplification be used? No D Yes ~ Hours and Type: 4-11pm Will a stage or tent(s) be set up? No lZl Yes D Dimensions: Will there be temporary fencing? No I&] Yes D Will merchandise/food items be sold? No D Yes ~ How many 6-8 Food Fees for electricity may vendors expected: 20-30 retail apply see Instructions Will food be prepared on site? No D Yes ~ Contact Washington County Health Deportment, 651-43CJ..6655 Will cooking operations be conducted? No 0 Yes !ZI Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No 1&1 Yes 0 See Alcohol Regulations In the Instructions Will alcohol be sold? No IZI Yes D See Alcohol Regulations in the Instructions Will there be a fireworks display? No !&! Yes 0 Perm it require~ contact Stillwater Fire Department, 651 ·351·4950 Describe power needs and location of power source. Power from gray box In Lot 5 and for the Amphi-theater Describe level of advertisement (ie, radio, flyers , ads, tv, press release). Attach sample if available Flyers, press release, social media and newspaper City Services (After rev iewing the event applf c<t tlon , City services may be requried for the eve nt .) Will event use, close or block any ofthe following: If yes specify location on site map. City Streets or Right-of-way No 0 Yes ~ Start/End Time: 12:01am-12 pm Date: Tuesdays City Sidewalks or Trails No IZI Yes 0 Start/End Time: Date: 7/8 -8/19 Public Parking Lots or Spaces No 0 Yes ~ Start/End Time: 12:01 am -12pm Date: Will event need barricade(s)? No I&] Yes 0 Number needed: Fees may apply see Instruc tions Will extra picnic tables be needed? No ~ Yes 0 Number needed : Fees may apply see Instructions Will portable restrooms be needed? No !&] Yes D Number needed: F~es may apply see Instructions Will extra trash receptacles be needed? No l&J Yes 0 Number needed : Fees may apply see Instructi ons Describe trash removal and cleanup plan during and after event: Volunteers will collect garbage and patrol area during the event. Recycling containers will be available. Will event need traffic control? No lZl Yes D Contact Stillwater Police Department for assistance, 651 -351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: Event organizers on hand to coordinate with volunteers to solve problems and to ensure a safe event. Public Address system will be available to give emergency instructions if necessary. Will "No Parking Signs" be needed? No 1&1 Yes 0 Number needed: Fees may apply see Instructions Show /acatian(s} an site map Will event need security? No ~ Yes D If event Is overnight, security will be required. If using private secruity, list Security Company and Contact Information: n/a Will event need EMS services? No 1&1 Yes D Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: The Water Street Inn is available for 1st aid and in case of severe weather. Describe the emergency action plan if severe weather should arise: see above List any other pertinent information: The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "CertifiCate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the Qty as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. J realize my submittal of this application request constitutes a contract between myself and the aty of Stil!w_,~r ond }P r ase of Uabil ity.. .. ~---'Ch1 5/11/2015 -----------------------------5 /g na~IJ e' if Appl ic a Date \ ' ___ .. -.. -- ---------_____ ... \ ; \ ·, \ I. \ \ \ ·, \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \.{ \ \ ' MAGNUSONLAWFIRM LiCEN SED IN M INNESOTA AN D WISCONSIN THE GRAND GARAGE 324 MAIN STREET SO UT H • SUITE #2 60 • STILLWATER, MN 55082-516 5 TELEPHO NE: (651) 439-9464 • FACS IMILE: (651) 439-5641 WWW.MA GNUSON LAWF IRM .COM D AVID T. MAG NU SON A MANDA K. DREW AK DREW@MAGNUS ONLA WFIRM.COM DTMAGNUSO @MAGNUS ONLAWF IRM.COM MEMORANDUM TO : Mayor, City Council and Staff FROM: David T. Magnuson DATE : May 29 ,2015 RE: Release ofRight of First Refusal David Paradeau called with news that he is close to a sale of the Zephyr Depot Building after having it on the market for several years . One stumbling block has been a provision in the Development Agreement of 1992 that the City holds a Right of First Refusal on the Depot Building. This provision was required because the property was vacant, and sold by the City on the promise that a Depot would be built to house the Dinner train. And , the purchase price was not paid at closing, rather, the City held a mortgage to secure the purchase price . Now that the Depot exists and the mortgage has been fully paid, the Right of First Refusal should be released. The attached Resolution would cure the problem. Respectfully Submitted, DTM/jp RESOLUTION NO. CITY OF STILL WATER WASHINGTON COUNTY, MINNESOTA A RELEASING OPTION WHEREAS, a Development Contract between the City of Stillwater and Minnesota Zephyr, a Minnesota Corporation was executed on October 20th, 1992 in furtherance of plans to Develop a vacant parcel as a Restaurant and Depot as an operating site for an excursion and restaurant train known as the "Minnesota Zephyr", and; WHEREAS, when the Contract was executed the City sought assurances from the Developer that the purchase price of the City prope1iy sold to the Developer would be paid as promised and that a Depot would actually be constructed on the site, as designed, within time period specified for Construction, and; WHEREAS, one of the terms of the Contract provided that in the event the Developer or the City chose to sell property devoted to the Depot project, that a right of first refusal would be granted to the other party, as a method of restricting transfer of property until all of the Developer's Undertakings under the Contract were fulfilled, and; WHEREAS, all of the Developer's Undertakings under the Contract have been fulfilled yet the Right of First Refusal contained in Section 6.01 of the Contract remains as an impediment to the pending sale of the Depot site to another, and; WHEREAS, it is in the best interest of the City as well as the Developer that the Right of First Refusal should be canceled and released; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, as follows: 1. That the Development Contract Dated the 20th day of October, 1992, and recorded with the Register of Titles on November 17th, 1992 as Document No. 1020787, on Certificate No. 43638 in Book 139 page 236, and Certificate No. 43639 in Book 139 Page 237, be amended by deleting Section 6. Restrictions on Transfer in its entirety; including any reference of a Right of First Refusal, and that any Right of First Refusal be eliminated and discharged and be of no further effect. Enacted by the Stillwater City Council this __ day of June, 2015. CITY OF STILLWATER ATTEST: Diane F. Ward, City Clerk Ted Kozlowski, Mayor MEMORANDUM TO: Mayor and City Council FROM: Tim Moore, Public Works Superintendent DATE: May 29,2015 SUBJECT: Nelson Street Lift Station Generator Vent Background Along with the Lowell Park Restroom remodel project some upgrades have been done to the Nelson Street lift station . One upgrade was replacing the existing diesel generator that had become difficult to maintain, unreliable and out of compliance with current codes. With the new codes in place, the main and two emergency vents for the diesel tank must be vented to the exterior of the building. This is the last work to be done before the generator can be put on line. Discussion Staff has received a quote from Zahl Petroleum Maintenance Co . from Minneapolis for $5,677.00 to furnish and install the vents . Zahl is a contractor specializing in the field of petroleum maintenance. They have worked with the city on past projects and performed very well. Recommendation Staff recommends the approval from Zahl Petroleum Maintenance Co. for $5,677.00 to furnish and install the vents for the Nelson Street lift station. The funds will come from Sewer Capital Outlay. K~~/J ~f>~~L, ~ f}llt!l;f STAFF REQUEST ITEM 1 Department: MIS I Date: 5/29/2015 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of either a Surface Pro 3 tablet or a Dell Venue to test for potential use in the City environment. 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) Cost of tablet will be approximately $800 . Money is available in the 2015 capital outlay budget for this purchase. ADDITIONAL INFORMATION ATTACHED Yes No_X __ ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLy SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Rose Holman Date: 5/29/2015 ORDINANCE NO. 1077 AN ORDINANCE AMENDING THE STILLWATER CITY CODE SEC. 57-1 SUBD. 11 The City Council of the City of Stillwater does ordain: 1. Amending. The City Code is amended by adding Sec. 57-1 Subd. 11 to the City Code that will hereafter read as follows: “Subd. 11. Pawnshop location. No pawnshop shall be located within a one mile radius of any church or school, and only in the BP-C zoning district. No pawnshop, lawfully operating as of the date of the enactment of this section shall be required to relocate or close as a result of this section.” 2. Saving – In all other ways the City Code with remain in full force and effect. 3. Effective date. This ordinance will be in full force and effect from and after its passage and publication according to law. Adopted by the City Council the 2nd day of June, 2015. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, Clerk TO: Mayor and City Council Members FROM: Bill Turnblad, Community Development Director DATE: May 29, 2015 RE: Lease for Transient Slips BACKGROUND The recently adopted Bridgeview Park Plan includes a municipal dock. During public discussions related to potential dock locations and alternatives, the idea was introduced that the City might want to explore leasing the existing transient slips from the St Croix Boat & Packet Company. Consequently, staff was directed by the City Council to try to negotiate a lease with St Croix Boat & Packet Company for the transient slips. The objectives of the lease were: 1) The City could gain experience in municipal dock management prior to deciding whether to build a city dock as proposed in the Bridgeview Park Plan; 2) the City could offer docking for free; and 3) the City could manage the slips as it chose. OVERNIGHT DOCKING & SERVICES During the public hearings and meetings associated with development of the Bridgeview Park Plan, marina owners were strongly opposed to offering overnight stays at a municipal dock. Consequently, City staff and St Croix Boat & Packet initially agreed that there would be no overnight docking. In addition, since the slips would not be attended by a City employee, water and electricity would not be offered. However, some Council Members felt that overnight docking should be allowed at these transient slips, and water and electricity should be offered. Therefore, staff met with St Croix Boat & Packet personnel again to discuss these items. The resulting terms as they stand presently are: 1) City would lease the slips for the boating season at a cost of $16,000. 2) Electricity and water would be available for private purchase from St. Croix Boat & Packet. 3) Use of slips would be free to the public. 4) Overnight stays would be allowed at the four most southerly slips. (And only at these four slips.) Page 2 of 2 5) No boat may stay more than three consecutive nights. ALTERNATIVES 1) Approval. If the Council is satisfied with the lease and the above described terms, then the Council could adopt the attached Resolution approving the lease (also attached). 2) Approval with modifications. If the Council is generally satisfied with the lease, but does not find all details to be acceptable, then the Council could direct staff to negotiate specific amendments and bring the lease back to the next Council meeting. 3) Denial. If the Council does not support providing transient slips at the St Croix Boat & Packet dock, then a simple motion to deny and majority vote would formalize the position. 4) Table. If the Council would like more information on the lease, table the item for consideration at a future Council meeting. bt Attachments: Resolution of Approval Lease RESOLUTION APPROVING LEASE OF DOCK SPACE FROM ST CROIX BOAT & PACKET WHEREAS, the City Council of the City of Stillwater wishes to provide short term docking to the boating public; and WHEREAS, St Croix Boat & Packet, Lessor, has agreed to grant the City of Stillwater, Tenant, a Lease of Dock Space on docks they own on the St Croix River, in the location shown in Exhibit A. NOW THEREFORE BE IT RESOLVED that the Stillwater City Council hereby approves the above described lease between St Croix Boat & Packet and the City of Stillwater, dated June 2, 2015, subject to the terms found in the lease as well as the following terms and conditions: 1) St Croix Boat & Packet will offer electricity and water to the boating public at a reasonable price. 2) Use of slips will be free of charge to the public. 3) Overnight stays will be allowed at the four most southerly slips. But only at these four slips. 4) Overnight stays are limited to three consecutive nights. Adopted by the Stillwater City Council this 2nd day of June, 2015. _____________________________ T e d K o z l o w s k i , M a y o r ATTEST: __________________________ Diane F. Ward, City Clerk Exhibit A LEASE St. Croix Boat and Packet, Lessor, hereby grants to The City of Stillwater, Tenant, a Lease of the Dock Space on the St. Croix River as shown on the map attached as Exhibit ‘A’, Stillwater, Minnesota 55082, on the following terms: 1. Rent of $16,000 for the 2015 boating season, amounts due on the 1st of each month beginning May 1st, 2015 through October 1st, 2015 to be mailed to Lessor at the following address: 225 Nelson Street, Stillwater, MN 55082. 2. Lessor shall pay the following expenses: electricity, if any, and garbage removal and any needed insurance on the Lessor’s premises not under lease to Tenant. Lessor must allow public ingress and egress across their property to access the Leased Premises. 3. Tenant must keep the space clean and in good condition. Reasonable wear and tear is permitted; however, any unreasonable damage to the premises will be assessed by inspection and the cost of any repairs will be paid by Tenant. 4. Tenant must notify Lessor before performing any improvements or repairs. 5. Tenant is responsible to provide insurance coverage for Tenant’s use of the property and equipment, and any business or public activity it conducts on the premises, including liability insurance equal to the municipal tort limits established by Minnesota law. 6. Tenant’s rights under the Lease are exclusive to Tenant and non–assignable, and may not be sublet, except by written approval of the Lessor. 7. Lessor and Tenant must provide to the other contact information, including telephone numbers that the Lessor and Tenant can reach one another at and emergency telephone numbers of persons to be contacted in case of emergency. IN WITNESS WHEREOF, The City of Stillwater, Tenant, and St. Croix Boat and Packet, Lessor, have executed this Lease this ____ day of ______________, 2015. T E N A N T : L E S S O R : The City of Stillwater St. Croix Boat and Packet Exhibit A ORDINANCE 1079 AN ORDINANCE AMENDING CHAPTER 51, SECTION 51-9 OF THE STILLWATER CITY CODE, SPECIAL VEHICLE ON ROADWAY The City Council of the City of Stillwater does ordain: 1. AMENDING. The Stillwater City Code, Section 51-9 Subd. 1(e) is hereby modified to read as follows: The application must be accompanied by payment of the annual permit fee as set from time to time by the city council by resolution. 2. SAVING. In all other ways, the City Code will remain in full force and effect. 3. EFFECTIVE DATE. This ordinance will be in effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this ______ day of June 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk 1. 2. 3. 4. 5. 6. 7. 8. Washington ..... _...c t ard of Commissioners Fran Miron, District 1 Ted Bearth, District 2 Gary Kriesel, Chair District 3 Karla Bigham, District 4 Lisa Weik, District 5 ~ ouny 9:00 9:00 9:10 9:10 9:25 10:00 10:15 BOARD AGENDA JUNE 2, 2015-9:00A.M. Roll Call Pledge of Allegiance Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibilityor functionofWashingtonCountyGovernment, 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 city of residence, and present your comments. Your comments must be addressedexclusivelyto the Board Chair and the full Board ofCommissioners. 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 individual'spresentationifit becomes redundant, repetitive , overly argumentative, or if it is not relevant to an issue that is part of Washington County'sResponsibilities Consent Calendar -Roll Call Vote Public Works A. Update on the Potential Acquisition of Parcel Located at 10122 1 01 h Street North, Lake Elmo for Inclusion into the Lake Elmo Park Reserve-John Elholm, Parks Director B. Resolution-Award Bid to Hardrives, Inc . for the County State Aid Highway 21 Pavement Preservation Project-Cory Slagle, Engineering and Construction Manager General Administration-Molly O'Rourke, County Administrator A. 2014 Countywide Mission Directed Budget Recommendation-Kevin Corbid, Deputy Administrator B. Approval of Agreement with BOLDplanning for Business Continuity Software-Amanda Hollis, Senior Planner C. Resolution-2015 Performance Measurement Program-Amanda Hollis, Senior Planner D. Approval of County Policy# 1905 Perfonnance Management-Amanda Hollis, Senior Planner E. Approval of Letter to Washington County Legislative Delegation and Legislative Updates -Molly O'Rourke, County Administrator 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 nolntended to result in substantive board action during this time . Any ation necessary because of discussion will be scheduled for a future board meeting. Board Correspondence Adjourn Assistive_listening device~ a~. available for use in _ the County Board Room EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * JUNE 2, 2015 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration Public Works A. Approval to appoint Mary Ann Newman, Newport, as a District 4 Representative to the Historic Courthouse Advisory Council for a partial term expiring December 31, 2015. B. Approval to amend the 2015 commissioner assignments to the Association of Minnesota Counties (AMC) policy committees and direct the County Administrator to notify AMC of the changes. C. Approval to ratify contract changes with Valley Paving, Inc. for the County State Aid Highway 19-20-22 Project. D. Approval to donate office furniture to Carnelian-Marine St. Croix Watershed District. 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 device.s ::::.avail~!~;:::; use in _ the County ~,o;t::~ .. ~o?!;,_ Mnn EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLO YER 1. 2. 3. 4. 5. 6. 7. 8. 9. 9:00 9:00 9:10 9:10 9:40 9:50 10:05 10:20 Roll Call Pledge of Allegiance Comments from the Public BOARD AGENDA MAY 26, 2015 -9:00 A.M. Board of Commissioners Fran Miron, District 1 Ted Bearth, District 2 Gary Kriesel, Chair District 3 Karla Bigham, District 4 Lisa Weik, District 5 Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, 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 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. Consent Calendar-Roll Call Vote Public Hearing-Housing and Redevelopment Authority-Melissa Taphorn, Deputy Executive Director Regarding the Sale of Bonds Backed by the General Obligation of Washington County for the Piccadilly Square Development and Approval of a Resolution Approving the Project Public Works-Wayne Sandberg, Public Works Deputy Director A. Resolution -Transfer of Trunk Highway 5 Agreement with State of Minnesota-Wayne Sandberg, County Engineer and Deputy Director B. Resolution-Accept Award oflnterpretive Sign from the National Parks Service for the Newport Transit Station-Andy Gitzlaff, Senior Planner General Administration-Molly O'Rourke, County Administrator 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. Board Correspondence Adjourn 10. 10:25-10:55 Board Workshop with Public Works-Wayne Sandberg, Public Works Deputy Director Review County State Aid Highway 19/20/22 Project 11. 11:00-11:20 Board Workshop with Public Works-Wayne Sandberg, Public Works Deputy Director Update on the City Place Project in Woodbury 12. 11:25-11:55 Board Workshop with Administration-Molly O'Rourke, County Administrator and Robert Crawford, Workforce Center Division Manager Discuss Diversity and Inclusion Task Force 13. 12:00-12:30 Board Workshop with Administration-Molly O'Rourke, County Administrator Discuss Status of the Washington County Legislative Agenda Assistive !istening devices an: ~vai/able for use in the County Board Room EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLO YER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR* MAY 26,2015 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration Community Services Public Works A. Approval of May 5, 2015, County Board Meeting minutes. B. Approval to appoint Wade Johnson, May Township, to the Carnelian-Marine Watershed District to a three-year term expiring June 21,2018. C. Approval of resolution to the Minnesota Department of Human Services issuing a recommendation for the selection of Managed Care Organizations to provide services to Washington County residents enrolled in some publicly funded health care programs. D. Approval of Amendment #2 to Contract #8197 between Washington County and Bolton & Menk, Inc., for additional design and construction engineering for the County Road 62/63/Parking Lot Improvement Project at a cost of $156,347.50. E. Approval to ratify the final contract amendments with Hardrives, Inc. for the County Road 62/63 lot project. F. Approval of change order no. 1 to contract 9517 with Crosstown Masonry, Inc. in the amount of$15,444. 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. If, Assistive {islening device~ a~ ~vailable tor use in the County ~~~'i.li:1r;_oom EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLO YER 1. 2. 3. 4. 5. 6. 7. 8. 9:00 9:00 9:10 9:10 9:25 9:35 9:50 BOARD AGENDA MAY 12, 2015-9:00 A.M. Roll Call Pledge of Allegiance Comments from the Public Board of Commissioners Fran Miron, District 1 Ted Bearth, District 2 Gary Kriesel, Chair, District 3 Karla Bigham, District 4 Lisa Weik , District 5 Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence , and present your comments. Your comments must be addressed exclusively to the Board Chair and the .full Board ofCommissioners. 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 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. Consent Calendar-Roll Call Vote Public Works -Cory Slagle, Engineering and Construction Manager A. Approve Contract with Howard R. Green Company for Preliminary and Final Design Engineering Services for the County State Aid Highway 14 and 24 Project for $229,279 B. Approve Work Order #1 with Asphalt Surface Technologies Corporation for the 2015 Crack Seal Contract in the Amount of $41,500 General Administration-Molly O'Rourke, County Administrator Legislative Update 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. Board Correspondence Adjourn 9. 9:55-10:20 Board Workshop with Property Records & Taxpayer Services-Jennifer Wagenius, Property Records & Taxpayer Services Director Review Level of Local Assessment Services Provided by the County 10. 10:25-10:55 Board Workshop with Public Works-Wayne Sandberg, County Engineer and Deputy Director Discuss Using a Design Engineering Consultant 11. 11 :00-11 :30 Board Workshop with Public Works -Cory Slagle, Engineering and Construction Manager Overview on the County Road 62/63/Lot Project 12. 11:35-12:15 Board Workshop with Public Health & Environment-Judy Hunter, Senior Environmental Program Manager Board Policy Conversation in Advance of the Ramsey/Washington Resource Recovery Board Recommendation on Public Ownership May 28,2015 WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR* MAY 12,2015 The following items are presented for Board approvaVadoption: DEPARTMENT/AGENCY Administration Community Corrections Community Services Public Health and Environment Public Works Sheriff ITEM A. Approval of April21, 2015, County Board Meeting minutes. B. Approval to appoint Joel Stedman, City ofMarine on St. Croix, to the Carnelian-Marine Watershed District to a three year term expiring June 21, 2018. C . Approval of a contract with Comfort Lake-Forest Lake Watershed District for aquatic invasive species (AIS) prevention and education activities in 2015 for $29,000. D. Approval of contract with Comfort Lake-Forest Lake Watershed District for aquatic invasive species (AIS) activities in 2015 for $39,000. E. Approval of a contract with Big Marine Lake Association for aquatic invasive species (AIS) activities. F . Approval of contract with Valley Branch Watershed District for aquatic invasive species activities in 2015. G. Approval of resolution to designate Tom Adkins, Director of Community Corrections, as authorized officer to sign on behalf of Washington County Community Corrections the Master Subscriber Agreement for Minnesota Court Data Services. H . Approval of the contract with S & B Comfort Home Health Care, DBA Peaceful Lodge Customized Living Group Residential Housing Agreement to accept Group Residential Housing funds. I. Approval of contract with Royal Age Assisted Living Group Residential Housing Agreement to accept Group Residential Housing funds. J. Approval of additional grant funds from the Minnesota Department of Human Services in the amount of$50,000 to continue to create more independent housing options and alternatives to corporate foster care. K. Approval of resolution recognizing May as Mental Health Month and encouraging the public to learn more about mental health and psychological first aid. L. Approval of authorization for the County Board Chair and the County Administrator to sign on behalf of the Board, the Minnesota Department ofNatural Resources' Conflict oflnterest Disclosure for a Public Parks and Recreation Archery Range Rehabilitation Grant conditioned upon approval as to form by the Washington County Attorney's office. M. Approval oflicense for the use of real property by the University ofMinnesota allowing them to conduct a bee study at Big Marine Park Reserve, St. Croix Bluffs Regional Park and Lake Elmo Park Reserve, and authorize execution of the license with the University of Minnesota. N . Approval of resolution to participate in the Minnesota Department ofNatural Resources Snowmobile Trails Assistance Program for the Star Trail Association. 0. Approval of agreement for law enforcement services by the Washington County Sheriffs Office for the City of Hugo. Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote . Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Summary of Proceedings Washington County Board of Commissioners May 5, 2015 Present were Commissioners Fran Miron, District 1; Commissioner Ted Bearth, District 2; Gary Kriesel, District 3. Karla Bigham, District 4; and Lisa Weik, District 5. Board Chair Kriesel presided. Commissioner Reports-Comments-Questions The Commissioners reported on the following items: -Commissioner Weik-reported that she attended a Chamber event in Woodbury, regarding a new dentist's office in the Woodbury community, which will be offering outreach activities this summer to low-income families and seniors; attended the Public Safety Expo, and thanked the Sheriffs Office for its event; attended a prayer breakfast at the Prom Center in Woodbury; -Commissioner Bigham-reported that she attended an open house regarding 70th Street and County Road 22, and an open house on Point Douglas Trail; attended the Warner Electric Ground Breaking; attended the Public Safety Expo; -Commissioner Bearth -reported that he attended the Public Safety Expo, where the Sheriff's Office and the Fire Department put on demonstrations of their daily activities; -Commissioner Kriesel -presented the Stewardship Award, which the St. Croix River Association presented to Washington County in regards to the Aiple property. The Aiple property was selected as one of the St. Croix River Association's Stewardship Award winners. The award is given to organizations, businesses, or communities that have made a significant contribution to the stewardship of the natural resources of the St. Croix River and its tributaries. General Administration Approval ofthe following actions: -April 14, 2015 County Board Meeting minutes; -Appoint Michael Howard, Cottage Grove, as District 4 Representative to the Mental Health Advisory Council for a first term expiring December 31, 20 16; -Appoint Aaron Erdes, Stillwater, to the Family Homelessness Prevention and Assistance Program Citizen Advisory Committee; -Resolution No. 2015-068, to establish date of public hearing for May 26, 2015 regarding the sale of general obligation bonds for Piccadilly Square; -Resolution No. 2015-070, 2016 Qualified Allocation Plan for the Housing Tax Credit Program; -Public Comment from John Place, Lakeland, expressed concerns about the Afton Septic System Proposal; -Molly O'Rourke, County Administrator, provided legislative updates; -Board correspondence was received and placed on file. Human Resources Approval ofthe following actions: -Convert a Building Services Technician vacancy to a Building Services Operation/Maintenance Supervisor; -Convert a Special Project Natural Resources Coordinator position to regular status. Public Health & Environment -Approval of comments on the draft Valley Branch Watershed Management Plan and authorize the Board Chair to sign on behalf of the county, the cover letter submitted with comments. Public Works Approval ofthe following actions: -Resolution No. 2015-069, limited use permit with the State of Minnesota, Department of Transportation; -Resolution No. 2015-067, waiver of acquisition for the property at 18015 Margo Avenue, May Township, in Big Marine Park Reserve; -Greg Wood, Building Services Director for Public Works, provided updates on the Washington County Forest Lake and Cottage Grove Service Centers receiving Environmental Protection Agency Energy Star Certification; -Board Workshop to discuss transportation cost participation policy #800 1. 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.