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HomeMy WebLinkAbout2015-07-21 CC Packeti 1 1 t e r INF OIRTNFLACE OF MINNESOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North July 21, 2015 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES 1. Possible approval of minutes of July 7, 2015 regular and recessed meeting minutes V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2. Comprehensive Financial Report Audit — Chris Knopik, ClifftonLarsonAllen (information available Tuesday) VI. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. VII. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Development Dir. 7. Public Works Dir. 8. Finance Director 9. City Attorney 10. City Administrator VIII. 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. 11. Resolution 2015-133, directing payment of bills 12. Resolution 2015, 134, approving the 2015-2016 Labor Agreement between the City of Stillwater and AFSCME Local 517 13. Possible approval to purchase computers — 2 — Engineering, one for Police and Recreation Center 14. Possible approval of sanitary sewer adjustments IX. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 15. Case # 2015-18. This is the date and time for a public hearing to consider a request by Coleen Ebner, for approval of a Special Use Permit for outdoor sales to be held on the property of Stillwater Medical Group, to be located 1500 Curve Crest Blvd., located in the BPI; Business Park Industrial District. Notices sent of affected property owners and published in the Stillwater Gazette on June 26, 2015. (Resolution -Roll Call) X. UNFINISHED BUSINESS 16. Possible approval of second reading of Ordinance 1081, An Ordinance Amending The Stillwater City Code Sec. 31-202, Types Of Permits, Sec. 31-204, Generally, Sec. 31-209, Design Review Permit, Sec. 31-318, VC Village Commercial District, Sec. 31-322, CRD Campus Research District, Sec. 31-324, PWFD, Public Works Facility District, Sec. 31-509, Sign Regulations, Sec. 31-510, Off -Street Parking And Loading, Sec. 517, CRD, Campus Research District Miscellaneous Standards, and Sec. 31-518, PWFD, Public Works Facility District Miscellaneous Standards (Ordinance - 2nd reading — Roll Call XI. NEW BUSINESS 17. Discussion on Solar Energy Collaborative XII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XIII. COMMUNICATIONS/REQUESTS XIV. COUNCIL REQUEST ITEMS 18. Beyond the Yellow Ribbon update XV. STAFF REPORTS (CONTINUED) XVI. ADJOURNMENT RESOLUTION 2015-133 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 $598,714.32 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 21st day of July, 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT "A" TO RESOLUTION #2015-133 Page 1 LIST OF BILLS 3D Specialties Inc. Accela Inc Ace Hardware Action Rental Inc. Advanced Sportswear Amdahl Locksmith Inc Chris Arrow Hockey and Sport Ballis Tom Barnum Vickie Bernicks Breth-Zenzen Fire Protection LLC Bureau of Crim. Apprehension Burschville Construction Inc. BWBR Campion Barrow & Associates CDW Government Inc. Century Link Century Power Equipment Clifton LarsonAllen LLP Coca-Cola Refreshments Comcast Comcast Community Thread Consolidated Welding Supply CoStar Realty Information Inc County Materials Corporation Crosstown Masonry Inc Cummins NPower LLC ECM Publishers Enterprise FM Trust Fastenal Company Fire Safety U.S.A. Foremost Promotions Fransen Decorating Inc Frontier Ag & Turf G & K Services Gertens Wholesale Glewwe Doors Goodyear Commercial Tire Gopher State One Call Inc. Grafix Shoppe Holiday Companies Ice Skating Institute ICMA Membership Renewals Innovative Office Solutions LLC Supplies Monthly UB web payments Supplies Mixing trailer rental and concrete Uniforms Repair hatch lock Concession supplies Reimburse for July 4th dinner Grading Escrow Refund Supplies Fire Hall Terminal access charge Catch basin repair Fire Hall MN Public Safety - Fire Services MS Surface Pro & supplies Telephone Equipment repair supplies Audit Beverages for concession Internet & Voice Fire Hall cabling Contribution Gas valve Property professional Storm sewer repairs Fire Hall List station repairs Publications Lease police vehicles Supplies Quad gas cylinder Jr. police officer stick on badges Fire Hall Wing mower spare wheel yokes Mats & Uniforms Trees Fire Hall Tires Tickets Graphics for police truck Vehicle washes Skater memberships Membership Office supplies 327.74 16.00 830.90 540.00 140.00 164.00 105.75 223.51 1,500.00 90.20 4,369.05 270.00 9,250.00 5,037.79 1,245.00 1,144.40 328.00 151.29 10,541.00 468.96 560.23 7,244.90 3,818.75 75.00 330.23 336.00 1,900.00 1,777.07 514.80 1,944.85 48.42 195.00 55.00 3,125.50 217.82 1,130.92 975.00 2,503.55 190.42 573.55 625.00 175.00 91.00 1,040.00 124.32 EXHIBIT "A" TO RESOLUTION #2015-133 Ipromoteu Jimmys Johnnys Inc. John Deere Landscapes Kraus -Anderson Lauber & Company LLC John Law Enforcement Seminars Lennar of Minnesota Loffler Companies M.J. Raleigh Truck Co. Madden Galanter Hansen LLP Magnuson David MailFinance Inc Mansfield Oil Company Marine Services Inc. Marshall Electric Company McCarty John Thomas Menards Metropolitan Council Midwest Fence Minnesota Wanner Co. MN Bureau of Criminal Apprehension MSP Outdoor Services Inc MSpace Inc MTI Distributing Multiple Concepts Interiors NAC Mechanical and Electrical Services NAPA Auto Parts Neopost Great Plains Northwest Asphalt Inc Office Depot Pereboom Jesse Public Agency Training Council RagnaSoft Inc Rice Lake Glass & Door Rose Floral Sherwin Williams SHI International Corp Shilts Cindy Siegfried Constuction Company Sprint PCS St. Croix Boat and Packet Co. Stepp Manufacturing Co Inc Stillwater Area Schools Stillwater Medical Group Stillwater Rotary Club SW/WC Service Cooperatives T.A. Schifsky and Sons Night to unite Portable restroom rental Park facility supplies Fire Hall Historic property reuse study Shoddy Mill Training seminar Grading Escrow Refund Network support C-5 Professional services Professional services Folding Machine Lease Fuel Fuel Lift station repairs Reimburse for overpayment on conference Supplies Wastewater Charge Materials Equipment repair supplies Training course - Austin Peterson Yard clean up and repair 810 Rice St W AV equipment fire Equipment repair supplies Fire Hall Fire Hall Auto parts and supplies Ink cartridge Fire Hall Dvd sleeves Reimburse for mileage Training seminar - Crayne Plan it Police 1 Year Subscription Fire Hall Outdoor plants Paint EndUser Protection web & mail Reimbursements Lowell Park restroom soffit work Cell phone Dock Space Lease Oil burner Ad in community ed catalog Drug test Membership Retiree Health Insurance & COBRA Asphalt Page 2 623.21 813.04 104.45 27,350.53 3,753.20 325.00 7,500.00 77.50 423.25 705.40 8,370.83 1,182.85 7,540.09 282.23 1,370.00 30.00 648.98 122,891.50 46.24 153.56 240.00 441.50 50,660.68 427.08 6,887.50 49,992.80 957.00 238.00 43,991.65 32.70 30.19 295.00 1,555.00 3,862.70 44.90 18.00 9,468.00 61.92 2,564.63 101.89 2,666.66 161.74 600.00 24.00 400.00 56,588.18 2,470.20 EXHIBIT "A" TO RESOLUTION #2015-133 Tekton Construction Company Thomson Reuters Toll Gas and Welding Supply Total Parking Solutions Inc. Trans Union LLC Tri-State Pump and Controls Inc. Turnblad Bill US Bank Corporate Trust Svcs USA Mobility Wireless Inc. Spok Verizon Wireless Washington County Property Records Washington County Public Safety Radio Washington County Public Works Washington County Sheriffs Office Young Dan Youth Service Bureau Zayo Enterprise Networks CREDIT CARDS Amazon.com Ebay Holiday Inn Duluth VistaPrint.com LIBRARY 16 Wins Ace Hardware Baker and Taylor Blackstone Audio Brodart Co Cole Papers Culligan of Stillwater G & K Services Johnny's TV Inc. Menards Midwest Tape National Trust For Historic Preservation Stillwater Public Library Foundation Toshiba Business Solutions Van Paper Company Washington County Library Fire Hall Information Charges Cylinders Receipt paper for parking terminals Information Charges Nelson lift station repairs Reimburse for seminar expenses Paying agent fees Pagers Police Mobile Broadband TIF pmt report 1st half 2015 800 Radio User Fees CSAH 15 Roadway & Signals Quarterly MDCs Reimburse for fuel Contribution Phone Supplies for IT Memory upgrade LMC Conference Folded note cards with city seal Website Updates Janitorial Supplies Materials - Juv Books Materials - Adult Audio (Friends) Materials - Adult Fiction Janitorial Paper Products Water Towles & Rugs Microphone Supplies Materials - Audio Periodical Subscription June CC Gift Reimbursement Maintenance Contract Janitorial Paper Products 01 Overdue Notices Page 3 258.40 125.00 42.04 339.00 35.00 1,080.00 140.00 425.00 47.20 477.45 35.00 9,374.82 59,239.15 6,000.00 29.00 2,500.00 510.53 49.99 19.99 1,430.32 107.13 780.00 206.50 1,351.39 74.00 1,533.62 297.59 89.35 82.54 579.99 79.19 485.14 15.00 1,610.00 121.30 179.46 1,027.73 EXHIBIT "A" TO RESOLUTION #2015-133 Page 4 LIBRARY CREDIT CARDS AED Superstore Amazon.com Apple iTunes DirectMopSupplies.com DreamHost ADDENDUM Cisewski Laurie Clark Dan Cole Papers Freighthouse Kenneth Lee James Associates Loffler Odens Jill Pro -Tec USAble Term Life Insurance Xcel Energy Adopted by the City Council this 21st Day ofJuly, 2015 Equipment Library materials & supplies Technology support Janitorial supplies Tech support Refund for change not given at parking fee Custodial service New Fire station supplies Refund of actual costs for police services Custom flag Mount kit Refund for change not given at parking fee Fire station dialer card Life Insurance Energy 339.00 174.15 12.82 26.70 219.95 15.00 1,897.50 1,373.74 640.66 270.00 100.00 5.00 686.00 436.38 16,449.90 TOTAL 598,714.32 Summary of Proceedings Washington County Board of Commissioners July 14, 2015 Present were Commissioners Fran Miron, District 1; Commissioner Ted Bearth, District 2; Gary Kriesel, District 3. Board Chair Kriesel presided. Commissioners Weik and Bigham were absent. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: - Commissioner Miron — reported that he will be attending the "Pitch the Commissioner Event in Forest Lake this afternoon, July 14th. He appreciated both Washington County, and the Public Health & Environment Department's efforts to work through the logistics for this event. Prior to the "Pitch the Commissioner Event," there is a BizRecycling presentation at the Forest Lake Chamber in Forest Lake this morning, July 14th. On Thursday, July 16th, from 5:30 to 8:00 p.m., the Youth Service Bureau is holding a Taste Event fundraiser at the Stars and Strikes event center in Wyoming, MN. If the public is interested in attending, tickets can be bought at the door. Community Corrections - Approval of Resolution No. 2015-106, Recognize Pretrial, Probation and Parole Supervision Week. General Administration Approval of the following actions: - June 23, 2015 County Board Meeting Minutes; - Molly O'Rourke, County Administrator reported that there will be a workshop with Human Resources the following week to review what Washington County does to manage its own risk, and to make sure that employees and residents are safe; - Molly O'Rourke, County Administrator provided a reminder that this afternoon, July 14th, 2015, is an event called "Pitch the Commissioner Event", in Forest Lake, involving the Minnesota Department of Health Commissioner, Ed Ehlinger; - Board correspondence was received and placed on file. Human Resources - The Minnesota Counties Intergovernmental Trust (MCIT) presented their annual report to The Board. Public Health & Environment - Approval to accept an increase in the current federal Maternal Infant Early Childhood Home Visiting grant that is used to provide evidence based home visiting services to significantly stressed first time families. Public Works Approval of the following actions: - Contract with SRF Consulting Group, Inc., for design engineering services for the County State Aid Highway 13 Pavement Management and Safety Improvement Project; - Board Workshop to discuss information related to county solar energy options. Sheriff's Office - Approval of Resolution No. 2015-105, Memorandum of understanding between Washington County and the American Red Cross. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62"d Street N., Stillwater, Minnesota. i 1 1 t e r INF OIRTNFLACE OF MINNESOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North July 21, 2015 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES 1. Possible approval of minutes of July 7, 2015 regular and recessed meeting minutes V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2. Comprehensive Financial Report Audit — Chris Knopik, ClifftonLarsonAllen (information available Tuesday) VI. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. VII. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Development Dir. 7. Public Works Dir. 8. Finance Director 9. City Attorney 10. City Administrator VIII. 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. 11. Resolution 2015-133, directing payment of bills 12. Resolution 2015, 134, approving the 2015-2016 Labor Agreement between the City of Stillwater and AFSCME Local 517 13. Possible approval to purchase computers — 2 — Engineering, one for Police and Recreation Center 14. Possible approval of sanitary sewer adjustments IX. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 15. Case # 2015-18. This is the date and time for a public hearing to consider a request by Coleen Ebner, for approval of a Special Use Permit for outdoor sales to be held on the property of Stillwater Medical Group, to be located 1500 Curve Crest Blvd., located in the BPI; Business Park Industrial District. Notices sent of affected property owners and published in the Stillwater Gazette on June 26, 2015. (Resolution -Roll Call) X. UNFINISHED BUSINESS 16. Possible approval of second reading of Ordinance 1081, An Ordinance Amending The Stillwater City Code Sec. 31-202, Types Of Permits, Sec. 31-204, Generally, Sec. 31-209, Design Review Permit, Sec. 31-318, VC Village Commercial District, Sec. 31-322, CRD Campus Research District, Sec. 31-324, PWFD, Public Works Facility District, Sec. 31-509, Sign Regulations, Sec. 31-510, Off -Street Parking And Loading, Sec. 517, CRD, Campus Research District Miscellaneous Standards, and Sec. 31-518, PWFD, Public Works Facility District Miscellaneous Standards (Ordinance - 2nd reading — Roll Call XI. NEW BUSINESS 17. Discussion on Solar Energy Collaborative XII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XIII. COMMUNICATIONS/REQUESTS XIV. COUNCIL REQUEST ITEMS 18. Beyond the Yellow Ribbon update XV. STAFF REPORTS (CONTINUED) XVI. ADJOURNMENT i 1 1 a t e r IMF OIRTNELACE OF MINNESOTA CITY COUNCIL MEETING MINUTES July7,2015 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:30 p.m. Present: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Absent: None Staff present: OTHER BUSINESS City Administrator McCarty City Attorney Magnuson Community Development Director Turnblad Public Works Director Sanders Public Works Superintendent Moore Finance Director Harrison Police Chief Gannaway Fire Chief Glaser City Clerk Ward CycleHealth Betsy Grams, CycleHealth, Annette Sallman, Community Education Director for Stillwater Area Public Schools, and Marna Canterbury, Director of Community Health for Lakeview Hospital, explained local initiatives for children's health, and the BreakAway Kids Tri that will take place Saturday, August 22 at Lake Elmo Park Reserve. Discussion on Commercial Recreation Use of City Parks Public Works Superintendent Moore led discussion of a proposed policy regulating commercial use of City parks because the City has seen an increase of commercial use in City parks, which sometimes limits use by the general public, or causes undue wear and tear to city property. Examples are boot camps by fitness facilities, tennis lessons by private individuals, and businesses using city parking lots. Some of these businesses are posting signs in the parks advertising their services. The Parks and Recreation Commission worked on a draft policy and permit process. Staff recommends establishing a Park Commercial Usage fee of $30 per occurrence, plus any published park rental fees, with a total limit of $1,000/year. The fee for use of public parking lots or on -street parking spaces would be determined by the Community Development Director, based on fees for similar facilities as found in the City's annual fee schedule. Mr. Moore requested Council input on the policy and will come back to a later meeting for formal adoption. Councilmember Weidner asked if the reason for the policy is the issue the wear and tear, the appearance of exclusive use, or exclusive use for profit, and Mr. Moore replied that all of those City Council Meeting July 7, 2015 reasons apply. Staff has spoken to park users about use of picnic tables as stair -steppers. The Parks Department would like to track use of the parks to alleviate conflicts among park users. Councilmember Junker pointed out that boot camps are fabulous for the community and use very little space, allowing other park users to still enjoy the park. He would hate to portray it as a negative activity however he would support requiring a permit and nominal fee for organized groups. Councilmember Weidner indicate that it feels like the City is over -regulating this. Councilmember Polehna commented that the City needs documentation on groups that are using the parks so if there are problems, staff knows who to contact. He mentioned that during his employment at the County, the emphasis is to ensure the groups have liability insurance. Mayor Kozlowski stated he understands the need to know who to contact, and to let the groups know they do not have exclusive use of the park. However, $30/session seems steep and suggested capping the charge at $100/year. Councilmember Menikheim asked about the people who are making money off the activity and using the City asset. It seems reasonable to charge them for park use. Councilmember Weidner stated he would want to check to see who is making money and who is a nonprofit. He asked if the City permits the use, does the City take on more liability, and City Attorney Magnuson responded that liability is not a huge issue because Minnesota has recreational immunity and the City has coverage to take care of liability for things that occur in its parks. Councilmember Weidner asked if Segways are included in the draft policy. Mr. Moore responded in the affirmative because they are using parking lots in the parks. City Attorney Magnuson pointed out the only place the City may regulate Segways is on streets where the speed limit is more than 30 mph. They cannot be kept off Brown's Creek Trail. Councilmember Polehna indicated that at a minimum, the groups should come in and let the City know who they are. He is alright with not charging a fee and not requiring insurance as long as the City Attorney does not think it is necessary. Councilmember Junker pointed out the differences between reserving tennis or basketball courts where they occupy an entire space for a specific amount of time, and boot camp which does not impact the whole park. Councilmember Weidner commented that some fitness groups use the stairs and questioned if the City charge people to go up and down the stairs as a workout? He felt the policy was going too far. Mayor Kozlowski noted his priority is to figure out a way to communicate with these groups, and look at the wear and tear issues. Councilmember Menikheim stated the issue needs clarification. He would like to know the cost of repairing and maintaining the parks and how much results from commercial activity. STAFF REPORTS Police Chief Gannaway stated that the 4th of July went well. There were 62 calls for service. The Department is prepared for Rumble on the Deck this Thursday. Page 2 of 11 City Council Meeting July 7, 2015 In reference to Segways, he mentioned that they are allowed to use Brown's Creek Trail; staff will talk with them about taking up the whole path and creating obstructions. Cyclists must obey all traffic control signs including stop signs. City Attorney Magnuson will check to see if motorized recliners are allowed on state trails. Councilmember Polehna stated that the surrey bikes, 4 -wheel bikes, cause more problems because they are so wide. Councilmember Junker pointed out there is a need for public education, and for slowing down users at Hazel, as it is a dangerous blind section. Fire Chief Glaser noted that the 4th of July had average call volumes. There was more boat traffic on the river - an estimated 400 boats. Fireworks went well. On June 29 a house was struck by lightning. The new Fire Station is 98% complete. Captain Joe Buckley retired after 30 years of service. City Clerk Ward reminded the Council that the August 4 meeting has been moved to July 28 because Night to Unite is August 4. Community Development Director Turnblad stated that the free boat docks seemed to be full all weekend. The slips turned over quickly. City Administrator McCarty thanked staff and the Council for their work on the 4th of July. There will be discussion of solar gardens and use of solar energy at the next meeting. The budget process has started and departments will be meeting over the next six weeks. RECESS The meeting was recessed at 5:30 p.m. RECESSED 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 Public Works Director Sanders Community Development Director Turnblad Police Chief Gannaway Fire Chief Glaser City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. Page 3 of 11 City Council Meeting July 7, 2015 APPROVAL OF MINUTES Possible approval of June 16, 2015 regular meeting minutes and executive session minutes Motion by Councilmember Junker, seconded by Councilmember Polehna, to approve the June 16, 2015 regular meeting minutes and executive session meeting minutes. All in favor. PETITIONS, INDIVIDUALS DELEGATIONS & COMMENDATIONS Youth Service Bureau - Mary Planten-Krell, Executive Director Mary Planten-Krell, Executive Director of the Youth Service Bureau, reviewed the organization's work. She continued by stating that there has been an increase in the number of youth and families served and that receives funding from state, counties and municipalities, client fees, insurance, and donor contributions. The contribution from Stillwater has varied from $40,000 to zero. Stillwater currently contributes $10,000. She would like to request $10,000 again. Mayor Kozlowski requested that staff look at the past years fluctuation and discuss a way to make this contribution consistent Commendation - Councilmember Polehna Mayor Kozlowski presented Councilmember Polehna with a gavel and a commendation for serving as Stillwater's 50th mayor for 60 days. OPEN FORUM Mike Robinson, 801 Pine Street West, criticized the Council for approving the Rumble on the Deck, despite Police Chief Gannaway's recommendation for denial. He feels the event puts the community at risk. Milan "Mik" Korich presented the City with a framed photograph of the last Lumberjack Days fireworks, July 24, 2011. Brad Glynn, The Locals, provided an update on Log Jam. There will be no margaritas served, as the Lions Club has withdrawn the request. CONSENT AGENDA Resolution 2015-121, directing the payment of bills Resolution 2015-122, approval of non-exclusive wharfage permit between the City of Stillwater and John Henly, St. Croix Sailing Club Resolution 2015-123, approving Amendment to Small Brewer Off -Sale Sunday Liquor License to Maple Island Brewing LLC Resolution 2015-124, approving Nationwide Retirement Solutions (NRS) 457(b) Plan Loan Program amendments for City of Stillwater Plan Participants Possible approval of LMCIT Liability Coverage — Waiver form Possible approval to purchase 3 scanners — MIS Resolution 2015-125, approval of EMS Education Agreement with Regions Hospital Emergency Medical Services Resolution 2015-126, accepting Heritage Partnership Program Acceptance Form from the Minnesota Historical Society Possible approval of quote for Irrigation System Possible approval to repair play structures at Teddy Bear Park Page 4 of 11 City Council Meeting July 7, 2015 Possible approval to purchase cleaning equipment — Recreation Center Resolution 2015-127, approving Interpretive Trail Agreement with Terra Springs Master Association Resolution 2015-128, accepting cash donations Resolution 2015-129, approving the 2015-2016 grant agreement for Municipal Recycling Grant Distribution with Washington County Councilmember Weidner requested that Resolution 2015-127, approving Interpretive Trail Agreement with Terra Springs Master Association, be pulled from the Consent Agenda. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt the Consent Agenda as amended. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None Councilmember Weidner asked for more background on the City's $50,000 allocation, and City Attorney Magnuson provided Council with the history of the development agreement that set the terms of the monies set-aside. It referred to all the public access areas, but did not define the public access areas as closely as it should have. He explained that the reflecting pool contained some remnant features of the old territorial prison, so the funding was intended to interpret that feature. He continued by stating that the pond has not worked as it should have, and there is a need to redo it in a way that it will function properly, not only to handle runoff but to reflect the historical aspects. There will be signs placed at locations around the access trail and at the site, to explain the feature. There originally was to be a lot more interpretation of the historical features at the site. Staff has been negotiating with the Master Association with the goal of reducing the cost. The amount represents a compromise. Councilmember Menikheim added that members of the Terra Springs Master Association came before the Heritage Preservation Commission to explain the project and felt that the faulty construction of the pond needs to be corrected. Councilmember Weidner inquired as to what happens if the $50,000 is not spent for the reflecting pool, City Attorney Magnuson responded that the $50,000 cannot be used for ordinary maintenance according to the covenant in the development agreement. It has to be used for substantial capital improvements and repairs. The entire amount of park dedication funds was waived and in lieu of paying that amount, certain park -like elements were constructed and a trail was built. However, it does not have the historical interpretive features that were envisioned at the time the development was done. Mayor Kozlowski questioned why the rest of the interpretative features were not done at that time, City Attorney Magnuson explained that the City made that agreement with the developers, who are long gone, and there was not the effort put forward to hammer these things out. What brings the process forward now is the need to do extraordinarily expensive capital improvements to the pond. Councilmember Junker pointed out that in the reflecting pond, there are a number of interpretive features, which makes reconstruction of the pond much more costly. Tom Lindeen of the Master Association explained that the $50,000 will be divided in two with $25,000 toward the fund the Association is developing to replace the stormwater pond (about a half a million dollar project). The historical nature of the foundations lies in the fact that the Page 5 of 11 City Council Meeting July 7, 2015 perimeter of the pond is the perimeter of the old twine building. There will be stone slabs near the pond indicating this is the site of the twine building where the convicts worked. For that reason, the Association felt it was reasonable to request $25,000 for use on the pond project. Another $25,000 is going toward work already done to reconstruct the main entryway in front of Building 1, which was poorly built and crumbling. There is now a new entry right next to the Warden's House for the beginning of the trail. Councilmember Weidner pointed out that the area was considered to be public access in lieu of park dedication funds. It was provided to the City as a walking trail. He views the reflecting pond as a stormwater pond that is up to the tenants to maintain, and would prioritize the pathway over the pond. Mayor Kozlowski asked again why the City never held the developer to the original agreement. Councilmember Junker responded that the developer did pay for the trail system. The money was put into an escrow account and has earned $25,000 in interest. He explained that the whole area has underground springs. The water comes from various areas of the North Hill. The holding pond takes water from the caves and funnels it under Main Street into the river. That is an important feature of the development. It is a major water thorough -pass through that site, to get to the river. The idea to preserve the twine building and interpret it in the water detention pond maintains the historical integrity of the site. Public Works Director Sanders confirmed that the pond will still operate as a detention pond for the site. Councilmember Menikheim stated, having sat in on this discussion two or three times at the Heritage Preservation Commission meetings, he feels current Councilmembers are left to deal with something that was not well taken care of 12-15 years ago. He stated that the Association has been working on this for a number of years to come up with the current plan. The City is not spending money that could be spent anywhere else and he believes the Association members know what they are doing. Finally there is a plan in place that will clean up the mess. The Council should go forward with it. Councilmember Weidner acknowledged this was a bad deal overall for everybody. He inquired if there is a plan to repave the walkway, and how can the City have assurance the repairs to the pathway will be made. Mr. Lindeen responded that the Association does not have a plan that states, for instance. in such and such a year this section will be redone. However, the reserve fund is written with certain amounts of money to be used to make capital repairs of the trail in certain years. Councilmember Weidner responded that makes him feel better under the circumstances, however he does not want this fund to be used in the future to redo streets and gutters. He is happy to hear there is a plan and also that the City can target some of the money that remains in the fund into accelerating the repairs. City Attorney Magnuson pointed out the development agreement does not state that this fund is for the trail. It is for the public access areas. That is why the City could not insist that all the money be used for the trail because there are more public access areas than the trail. The major access area for historical interpretation is the pond where the twine building was located. Page 6 of 11 City Council Meeting July 7, 2015 On a question from Councilmember Polehna if there is a contract to do the work, Mr. Lindeen replied that for the pond, bids are due Friday, July 10 and that construction will start as soon as he signs the contract with the winning bidder. Jeannine Kneubuhler, President of the Master Association, clarified the remaining $96,000 will be used exclusively for the trail. Besides the original foundation from the twine factory, there are several historic interpretive aspects of the design: the west wall that will remain is a replica of window placement for that building; signs will have the limestone twine factory identification; the design is a spool, an artistic interpretation of what was there; benches will be a 6' x 9' representation of a cell; the Heritage Preservation Commission is requiring a cantilever boardwalk as a reference to the river; and they are trying to stick to the agreement to improve the trail which they consider an asset to the community. Councilmember Weidner asked if the public is able to access the pond, and Mr. Lindeen replied that the pond would be considered private property other than the eight foot trail easement. Councilmember Weidner remarked that the City is going to give $25,000 to fix up an area to which the public will no longer have access, and Mr. Lindeen replied they will be able to see it and there will be a sign referring to it. There will still be interpretation of it. City Attorney Magnuson added that the blanket easement is over the whole site. There is a promise in the development agreement that at some point, the easement would be confined to the eight foot trail. Councilmember Junker commented you cannot turn the entire property into public access, because these are people's homes. He used the example that you can't go off the trail and go into people's backyards. Mayor Kozlowski acknowledged the issue just came before the Council today and felt the Council did not get enough time to review it. Mr. Lindeen reminded the Council that this agreement, worked on for a year, was a compromise. Granting free access to the pond is tantamount to turning the public loose over the entire property. Restricting public access to the trail was the compromise the Association worked out with it residents of Terra Springs. Councilmember Weidner stated that the City easement is over the entire area and by reducing the easement to eight feet in exchange for what would have been park dedication fees is a compromise on the part of the City. Mayor Kozlowski asked that if this has been worked on for a year, why did the Council just get it tonight. Ms. Kneubuhler responded that Councilmembers Junker and Menikheim and City Attorney Magnuson have been part of the negotiations for a long time and that the Association is as frustrated as the Council about this. She explained that most homeowners, when they purchased, had no idea about the development agreement and they were told that the blanket easement would be reduced to an eight foot easement. The twine factory is just one element of about 15 identified interpretive features. Mrs. Lindeen stated the Association had envisioned a sign with a picture of the twine building from 30 yards away stating that where that pond now is, that was where the twine building was. The interpretation really takes place on the trail. He informed the Council that to not reduce the easement would necessitate a meeting of the Association to discuss it. Page 7 of 11 City Council Meeting July 7, 2015 Motion by Councilmember Weidner, seconded by Councilmember Polehna, to table approving Interpretive Trail Agreement with Terra Springs Master Association for further discussion by the Association and the City. All in favor. PUBLIC HEARINGS Case No. 2015-13. A public hearing to consider a request from the City of Stillwater for amendment to City Code Section 31-209, Design Permit, and Section 31-509, Sign Regulations, removing design review requirements for signage in the West Stillwater Business Park District (tabled from June 16, 2015 meeting) Community Development Director Turnblad explained that the intent of the ordinance is to simplify the process for sign permits in the West Stillwater Business Park. The Heritage Preservation Commission (HPC) discussed the removal of the permit requirements for refacing any existing signs and for new signs within an approved multi -tenant sign plan. The HPC recommended approval of the Zoning Text Amendment. Mayor Kozlowski opened the public hearing. There were no public comments. The public hearing was closed. Motion by Councilmember Junker, seconded by Councilmember Polehna, to approve the first reading of the Ordinance amending the Stillwater City Code Sec. 31-202, Types of Permits, Sec. 31-204, Generally, Sec. 31-209, Design Review Permit, Sec. 31-318, VC Village Commercial District, Sec. 31-322, CRD, Campus Research District, Sec. 31-324, PWFD Public Works Facility District, Sec. 31-509, Sign Regulations, Sec. 31-510, Off -Street Parking and Loading, Sec. 517, CRD, Campus Research District Miscellaneous Standards, and Sec. 31-518, PWFD, Public Works Facility District Miscellaneous Standards. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Case No. 2015-14. A public hearing to consider a request from the City of Stillwater for amendment to the City of Stillwater 2008 Comprehensive Plan specifically to the City's Park Plan and the Transportation Plan to incorporate a Master Trails Plan into the 2008 Comprehensive Plan as required by the release of a Metropolitan Council System Community Development Director Turnblad stated that a public hearing has been scheduled for the Council's consideration of certain amendments to the 2030 Comprehensive Plan and the adoption of a Master Trails Plan. Staff solicited comments from neighboring jurisdictions which will need to be incorporated into the final draft. Consequently, the final plan is not available for Council review. Staff recommends the Council open the public hearing and table the hearing until the September 1, 2015 meeting to allow for staff, the Planning and Parks Commissions to review and make recommendation on the final draft. Mayor Kozlowski opened the public hearing. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to table until September 1, 2015, Case No. 2015-14, a request from the City of Stillwater for amendment to the City of Stillwater 2008 Comprehensive Plan specifically to the City's Park Plan and the Transportation Plan to incorporate a Master Trails Plan into the 2008 Comprehensive Plan as required by the release of a Metropolitan Council System. Page 8 of 11 City Council Meeting July 7, 2015 Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Possible approval of Stillwater Log Run event — September 19, 2015 City Clerk Ward reviewed the Special Event Permit application for the Stillwater Log Run from Run Stillwater, Inc. The event organizer requests the use of seven parking spaces in Lot 2 the morning of September 19 to be used as a gathering place for the racers. They would also like to reserve the two on -street spaces on the north side of Nelson Street between Sam Bloomer Way and the entrance to Lot 2, to be used for a water station and to park an ambulance. The Downtown Parking Commission recommendation is that unusual circumstances do not prevent the gathering place for racers to be in Lowell Park. Therefore, they recommend denial of the request to reserve spaces in Lot 2, but they recommend approval of the two on -street spaces on Nelson Street at the cost for parking spaces according to the City's Fee Schedule. The event will have police services, but the threshold for a contract is $1,000, therefore a contract is not required for this event. Motion by Councilmember Junker, seconded by Councilmember Weidner, to approve the Stillwater Log Run event based on the staff recommendations. All in favor. Possible approval of Fall Colors Fine Art and Music Festival event and contract City Clerk Ward explained that the Greater Stillwater Area Chamber of Commerce has applied for a Special Event Permit to host the Fall Colors Fine Art and Music Festival from October 2-4. The Council informed the event organizer in January 2015 that the festival should be on the grass and not in the parking lots. Additionally, staff recommends that the music stage be moved to the amphitheater stage. The Downtown Parking Commission recommendation is to allow the reservation of Lots 9 and 10, and the on -street parking on Mulberry Point. However, the Parks Commission recommended that the entire event be held in Lowell Park. The charges for this event will be invoiced according to the City's Fee Schedule. Councilmember Polehna reiterated that the Parks Commission felt the music should be in the amphitheater. Public Works Director Sanders indicated that it makes sense that the food vendors are in parking lots, but artists are in the park. City Clerk Ward clarified the staff recommendation that Lot 9 would be used for food vendors, Lot 10 would be for their parking, everything on the stage would go to the City amphitheater, and everything around the circle would remain there. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2015- 130, approving Fall Colors Fine Art and Music Festival Event and Contract, with vendors using Lot 9, vendor parking in Lot 10; Lots 8 and 11 being open to the public; the circle to be used for artists, and the stage moved to the amphitheater stage in Lowell Park. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Page 9 of 11 City Council Meeting July 7, 2015 Approval of plans and specifications and authorization for bids 2015 street improvement project (Project 2015-02) Public Works Director Sanders reported to the Council that plans and specifications for the 2015 Street Improvement Project are completed. At the request of the Downtown Parking Commission, the project will include getting a quote for rehabilitation of the North Main Parking Lot. Once bids are opened, a determination will be made whether or not to proceed with the parking lot project. The bid date would be August 13 with bids presented to Council August 18. Staff recommends that the Council approve plans and specifications for the 2015 Street Improvement Project and order advertisement for bids for the project. Motion by Councilmember Weidner, seconded by Councilmember Junker, to adopt Resolution 2015- 131, approving plans and specifications and authorization for bids for 2015 Street Improvement Project. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Possible approval of No Parking on west side of Martha Public Works Director Sanders reported there have been complaints from residents about parking along Martha Street between Wilkins and Aspen Streets. The street width is 24 feet, which is narrow according to City standards. This section of road is adjacent to Staples Field and parking is utilized mainly during the summer months due to baseball activities. Vehicles are parking on both sides of the street making it difficult for even one lane of traffic and possibly the passage of emergency vehicles. Staff recommends that parking be prohibited on the west side of Martha Street between Wilkins and Aspen Street. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2015-132, authorizing no parking on the west side of Martha Street between Wilkins and Aspen Street. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None COUNCIL REQUEST ITEMS There were no council request items. ADJOURNMENT Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adjourn the meeting at 9:09 p.m. All in favor. ATTEST: Diane F. Ward, City Clerk Ted Kozlowski, Mayor Page 10 of 11 City Council Meeting July 7, 2015 Resolution 2015-099, directing payment of bills Resolution 2015-121, Directing the Payment of Bills Resolution 2015-122, Approval of Non -Exclusive Wharfage Permit between the City of Stillwater and John Henly, St. Croix Sailing Club Resolution 2015-123, Approving Amendment to Small Brewer Off -Sale Liquor License to Maple Island Brewing LLC Resolution 2015-124, Approving Nationwide Retirement Solutions (NRS) 457(b) Plan Loan Program Amendments for City of Stillwater Plan Participants Resolution 2015-125, Approval of EMS Education Agreement with Regions Hospital Emergency Medical Services Resolution 2015-126, Approving the Heritage Partnership Program Acceptance Form from the Minnesota Historical Society Resolution 2015-127, NOT USED Resolution 2015-128, Resolution Accepting Cash Donations Resolution 2015-129, Approving the 2015-2016 Grant Agreement for Municipal Recycling Grant Distribution with Washington County Resolution 2015-130, Approval of Fall Colors Fine Art and Music Festival Event and Contract Resolution 2015-131, Approval of Bids and Specifications and Authorization for Bids 2015 Street Improvement Project Resolution 2015-132, Authorizing No Parking on the West Side of Martha Street between Wilkins and Aspen Street Page 11 of 11 EXHIBIT "A" TO RESOLUTION #2015433 Page 1 LIST OF BILLS 3D Specialties Inc. Accela Inc Ace Hardware Action Rental Inc. Advanced Sportswear Amdahl Locksmith Inc Chris Arrow Hockey and Sport Ballis Tom Barnum Vickie Bernicks Breth-Zenzen Fire Protection LLC Bureau of Crim. Apprehension Burschville Construction Inc. BWBR Campion Barrow & Associates CDW Government Inc. Century Link Century Power Equipment Clifton LarsonAllen LLP Coca-Cola Refreshments Comcast Comcast Community Thread Consolidated Welding Supply CoStar Realty Information Inc County Materials Corporation Crosstown Masonry Inc Cummins NPower LLC ECM Publishers Enterprise FM Trust Fastenal Company Fire Safety U.S.A. Foremost Promotions Fransen Decorating Inc Frontier Ag & Turf G & K Services Gertens Wholesale Glewwe Doors Goodyear Commercial Tire Gopher State One Call Inc. Grafix Shoppe Holiday Companies Ice Skating Institute ICMA Membership Renewals Innovative Office Solutions LLC Supplies Monthly UB web payments Supplies Mixing trailer rental and concrete Uniforms Repair hatch lock Concession supplies Reimburse for July 4th dinner Grading Escrow Refund Supplies Fire Hall Terminal access charge Catch basin repair Fire Hall MN Public Safety - Fire Services MS Surface Pro & supplies Telephone Equipment repair supplies Audit Beverages for concession Internet & Voice Fire Hall cabling Contribution Gas valve Property professional Storm sewer repairs Fire Hall List station repairs Publications Lease police vehicles Supplies Quad gas cylinder Jr. police officer stick on badges Fire Hall Wing mower spare wheel yokes Mats & Uniforms Trees Fire Hall Tires Tickets Graphics for police truck Vehicle washes Skater memberships Membership Office supplies 327.74 16.00 830.90 540.00 140.00 164.00 105.75 223.51 1,500.00 90.20 4,369.05 270.00 9,250.00 5,037.79 1,245.00 1,144.40 328.00 151.29 10,541.00 468.96 560.23 7,244.90 3,818.75 75.00 330.23 336.00 1,900.00 1,777.07 514.80 1,944.85 48.42 195.00 55.00 3,125.50 217.82 1,130.92 975.00 2,503.55 190.42 573.55 625.00 175.00 91.00 1,040.00 124.32 EXHIBIT "A" TO RESOLUTION #2015-133 Ipromoteu Jimmys Johnnys Inc. John Deere Landscapes Kraus -Anderson Lauber & Company LLC John Law Enforcement Seminars Lennar of Minnesota Loffler Companies M.J. Raleigh Truck Co. Madden Galanter Hansen LLP Magnuson David MailFinance Inc Mansfield Oil Company Marine Services Inc. Marshall Electric Company McCarty John Thomas Menards Metropolitan Council Midwest Fence Minnesota Wanner Co. MN Bureau of Criminal Apprehension MSP Outdoor Services Inc MSpace Inc MTI Distributing Multiple Concepts Interiors NAC Mechanical and Electrical Services NAPA Auto Parts Neopost Great Plains Northwest Asphalt Inc Office Depot Pereboom Jesse Public Agency Training Council RagnaSoft Inc Rice Lake Glass & Door Rose Floral Sherwin Williams SHI International Corp Shilts Cindy Siegfried Constuction Company Sprint PCS St. Croix Boat and Packet Co. Stepp Manufacturing Co Inc Stillwater Area Schools Stillwater Medical Group Stillwater Rotary Club SW/WC Service Cooperatives T.A. Schifsky and Sons Night to unite Portable restroom rental Park facility supplies Fire Hall Historic property reuse study Shoddy Mill Training seminar Grading Escrow Refund Network support C-5 Professional services Professional services Folding Machine Lease Fuel Fuel Lift station repairs Reimburse for overpayment on conference Supplies Wastewater Charge Materials Equipment repair supplies Training course - Austin Peterson Yard clean up and repair 810 Rice St W AV equipment fire Equipment repair supplies Fire Hall Fire Hall Auto parts and supplies Ink cartridge Fire Hall Dvd sleeves Reimburse for mileage Training seminar - Crayne Plan it Police 1 Year Subscription Fire Hall Outdoor plants Paint EndUser Protection web & mail Reimbursements Lowell Park restroom soffit work Cell phone Dock Space Lease Oil burner Ad in community ed catalog Drug test Membership Retiree Health Insurance & COBRA Asphalt Page 2 623.21 813.04 104.45 27,350.53 3,753.20 325.00 7,500.00 77.50 423.25 705.40 8,370.83 1,182.85 7,540.09 282.23 1,370.00 30.00 648.98 122,891.50 46.24 153.56 240.00 441.50 50,660.68 427.08 6,887.50 49,992.80 957.00 238.00 43,991.65 32.70 30.19 295.00 1,555.00 3,862.70 44.90 18.00 9,468.00 61.92 2,564.63 101.89 2,666.66 161.74 600.00 24.00 400.00 56,588.18 2,470.20 EXHIBIT "A" TO RESOLUTION #2015-133 Tekton Construction Company Thomson Reuters Toll Gas and Welding Supply Total Parking Solutions Inc. Trans Union LLC Tri-State Pump and Controls Inc. Turnblad Bill US Bank Corporate Trust Svcs USA Mobility Wireless Inc. Spok Verizon Wireless Washington County Property Records Washington County Public Safety Radio Washington County Public Works Washington County Sheriffs Office Young Dan Youth Service Bureau Zayo Enterprise Networks CREDIT CARDS Amazon.com Ebay Holiday Inn Duluth VistaPrint.com LIBRARY 16 Wins Ace Hardware Baker and Taylor Blackstone Audio Brodart Co Cole Papers Culligan of Stillwater G & K Services Johnny's TV Inc. Menards Midwest Tape National Trust For Historic Preservation Stillwater Public Library Foundation Toshiba Business Solutions Van Paper Company Washington County Library Fire Hall Information Charges Cylinders Receipt paper for parking terminals Information Charges Nelson lift station repairs Reimburse for seminar expenses Paying agent fees Pagers Police Mobile Broadband TIF pmt report 1st half 2015 800 Radio User Fees CSAH 15 Roadway & Signals Quarterly MDCs Reimburse for fuel Contribution Phone Supplies for IT Memory upgrade LMC Conference Folded note cards with city seal Website Updates Janitorial Supplies Materials - Juv Books Materials - Adult Audio (Friends) Materials - Adult Fiction Janitorial Paper Products Water Towles & Rugs Microphone Supplies Materials - Audio Periodical Subscription June CC Gift Reimbursement Maintenance Contract Janitorial Paper Products Q1 Overdue Notices Page 3 258.40 125.00 42.04 339.00 35.00 1,080.00 140.00 425.00 47.20 477.45 35.00 9,374.82 59,239.15 6,000.00 29.00 2,500.00 510.53 49.99 19.99 1,430.32 107.13 780.00 206.50 1,351.39 74.00 1,533.62 297.59 89.35 82.54 579.99 79.19 485.14 15.00 1,610.00 121.30 179.46 1,027.73 EXHIBIT "A" TO RESOLUTION #2015-133 Page 4 LIBRARY CREDIT CARDS AED Superstore Amazon.com Apple iTunes DirectMopSupplies.com DreamHost Equipment Library materials & supplies Technology support Janitorial supplies Tech support 339.00 174.15 12.82 26.70 219.95 Administration TO: Mayor and City Council Members FROM: Tom McCarty, City Administrator /041 DATE: July 14, 2015 SUBJECT: Labor Agreement Between City of Stillwater and American Federation of State, County and Municipal Employees (AFSCME) Minnesota Council No. 5, Local 517 AFL-CIO BACKGROUND The City of Stillwater and AFSCME Local 517 have concluded negotiations for a successor labor agreement for 2015 and 2016 and the AFSCME Local 517 membership has voted to approve the agreement. Changes in the contract language include: • Contract Duration - 2 year agreement, January 1, 2015 through December 31, 2016; • Wages - 3% increase - 2015; 3% increase - 2016; • Health Insurance - Retain employer contribution for 2015, increase employer contribution for family plan by $10 for 2016; • Affordable Care Act - Includes language regarding the Affordable Care Act (ACA) - in the event health insurance provisions of the contract are found in non-compliance with the ACA, the parties will meet to bargain over alternative provisions to comply with the ACA. • Jackets, Shirts and Safety Shoes - The City shall provide City logo jackets and shirts for the Building Inspectors and Engineer Techs, and shall reimburse the Building Inspectors and Engineer Techs for safety shoes. RECOMMENDATION: The proposed Labor Agreement between the City of Stillwater and AFSCME Local 517 is consistent with direction from City Council for labor negotiations. The AFSCME Local 517 membership has approved the 2015-2016 labor agreement. Increased contract costs are included in the approved 2015 budget and will be included in the proposed 2016 budget. Therefore, staff recommends adoption of the resolution entitled "Approving the 2015-2016 Labor Agreement between the City of Stillwater and AFSCME Local 517." RESOLUTION 2015-134 APPROVING THE 2015-2016 LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND AFSCME LOCAL 517 BE IT RESOLVED, by the City Council of Stillwater, MN that the 2015-2016 Labor Agreement between the City of Stillwater and AFSCME Local 517, as on file with the City Clerk is hereby approved with the following changes: • Contract Duration - 2 year agreement, January 1, 2015 through December 31, 2016; • Wages - 3% increase - 2015; 3% increase - 2016; • Health Insurance - Retain employer contribution for 2015, increase employer contribution for family plan by $10 for 2016; • Affordable Care Act - Includes language regarding the Affordable Care Act (ACA) - in the event health insurance provisions of the contract are found in non-compliance with the ACA, the parties will meet to bargain over alternative provisions to comply with the ACA. • Jackets, Shirts and Safety Shoes - The City shall provide City logo jackets and shirts for the Building Inspectors and Engineer Techs, and shall reimburse the Building Inspectors and Engineer Techs for safety shoes. BE IT FURTHER RESOLVED that the Stillwater City Council authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 21St day of July, 2015 Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk AGREEMENT BETWEEN CITY OF STILLWATER And AMERIC . N FEDERATION OF STATE, COUNTY AND MUN10EPAL EMPLOYEES MINNESOTA COUNCIL N00 5, LOCAL 517 AFL-CIO JANUARY 1, 2015 = DECEMBER 31, 2016 Article ARTICLE I. ARTICLE II. ARTICLE III. ARTICLE IV, ARTICLE V. ARTICLE VI. ARTICLE VII. ARTICLE VIII. ARTICLE IX. ARTICLE X. ARTICLE XI. ARTICLE XII. ARTICLE XIII. ARTICLE XIV. ARTICLE XV. ARTICLE XVI. ARTICLE XVII. ARTICLE XVIII. ARTICLE XIX. ARTICLE XX. ARTICLE XXI. ARTICLE XXII. ARTICLE XXIII. TABLE OF CONTENTS PURPOSE OF AGREEMENT RECOGNITION UNION SECURITY 1 2 2 3 3 4 6 7 7 8 HOURS OF WORK PART-TIME EMPLOYEES HOLIDAYS SICK LEAVE VACATION SEVERANCE PAY LEAVES WAGES OVERTIME 8 GRIEVANCE PROCEDURES 9 11 11 12 12 13 14 14 14 15 15 SENIORITY WORK FORCE INSURANCE GENERAL PROVISIONS SAVINGS CLAUSE EMPLOYER AUTHORITY EMPLOYEE RIGHTS DISCIPLINE WAIVER TERMINATION APPENDIX A-1 APPENDIX A-2 APPENDIX B EXHIBIT C WORKING OUT OF CLASS PAY EXHIBIT D POST EMPLOYMENT HEALTH CARE SAVINGS PLAN EXHIBIT E DRUG AND ALCOHOL TESTING AGREEMENT EXHIBIT F EXEMPT EMPLOYEES AGREEMENT 16 17 18 19 20 22 23 (i) AGREEMENT BETWEEN CITY OF STILLWATER And AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES MINNESOTA COUNCIL NO. 5, LOCAL 517 AFL-CIO ARTICLE L PURPOSE OF AGREEMENT This agreement is entered into between the City of Stillwater, hereafter called the EMPLOYER, and MN Council 5, Local 517, American Federation of State, County and Municipal Employees, hereinafter called the UNION. The intent of and purpose of this agreement is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this agreement. The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to the highest quality public service. Both parties recognize this AGREEMENT as a pledge of this decision. ARTICLE II. RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative in a unit defined as: All employees of the City of Stillwater who are public employees within the meaning of Minnesota Statutes 179A.03, Subd. 14 excluding supervisory and confidential employees, essential employees, employees of the Stillwater Public Library Board and all employees of the Public Works Department and Parks and Recreation Department. 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. AFSCME Labor Agreement Page 1 ARTICLE III. UNION SECURITY 3.1 The EMPLOYER agrees to deduct the UNION dues from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the EMPLOYER by a designated representative of the UNION, and the aggregate deductions of all employees shall be remitted together with an itemized statement, to the designated representative by the first of the succeeding month, after such deductions are made. Any fair share fee collected shall be processed in accordance with Minnesota Statutes 179.65, Subd. 2. 3.2 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this article. 3.3 The UNION may designate certain employees from the bargaining unit to act as stewards and shall inform the EMPLOYER in writing of such choice. 3.4 The EMPLOYER agrees to allow electronic communications and make space available on the EMPLOYER bulletin board for the posting of official UNION notice(s) and announcements. ARTICLE IV. HOURS OF WORK 4.1 The sole authority in work schedules is the EMPLOYER. The normal workday for a full- time employee shall be eight (8) hours. The normal workweek for a full-time employee shall be forty (40) hours, Monday through Friday. 4.2 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, or seasonal or annual basis other than the normal work schedule. The EMPLOYER will give seven (7) days advance notice to the employees affected by the establishment of workdays different from the employee's normal work schedule. 4.3 All employees shall be scheduled a one-half (1/2) hour unpaid lunch break. 4.4 All employees work schedules shall provide for at least one 15 -minute rest period during each one-half shift. The rest period shall be scheduled at the middle of each one-half shift, whenever possible. Employees who are authorized to work beyond their regular quitting time shall receive a rest period if one is necessary due to length of overtime authorization. 4.5 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working other than the normal workday be scheduled to work more than the workday. Each employee has an obligation to work overtime or call backs if requested unless unusual circumstances prevent the employee from so working. AFSCME Labor Agreement Page 2 ARTICLE V. PART-TIME EMPLOYEES 5.1 Part-time employees shall be eligible to earn all employee benefits on a pro rata basis according to the following schedule provided that such employees work regularly scheduled hours in each pay period, as opposed to being subject to call or to work when available. Average Work Hours Per Week 14-24 24-35 36 or more Pro Rate Percentage of Benefits 50 percent 75 percent 100 percent 5.2 Part-time employees shall be paid an hourly rate computed by dividing the full-time annual rate for which they would be eligible by 2,080 hours. 5.3 Part-time employees who become full-time employees shall be given credit for a forty (40) hour workweek for determining the salary step based on the length of service. 5,4 Employees employed by the employer on a seasonal or temporary basis for not more than 67 work days per calendar year either in a full time or part time capacity (more than 14 hours per week) will be paid a rate to be determined by employer for the term of their employment. Such employees will not be eligible for any benefits under this agreement. ARTICLE VL HOLIDAYS 6.1 Holidays with pay are as defined: New Year's Day Martin Luther King Day Washington and Lincoln's Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day Floating Holiday Christmas Eve Day or New Year's Eve Day January 1 Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September November 11 Fourth Thursday in November Fourth Friday in November December 25 One per year December 24 or December 31 Any Employee required to work on any of the defined holidays as noted in Article VI, 6.1, shall be granted an additional 1-1/2 times Employee's base pay in addition to holiday pay. Employees shall be eligible for holiday pay provided they are on paid status on the day before and the day after the holiday. 6.2 When a holiday falls on Saturday, the preceding Friday shall be observed as the holiday. When a holiday falls on Sunday, the following Monday shall be observed as the holiday. AFSCME Labor Agreement Page 3 6.3 Christmas Eve or New Year's Eve will be a split work force. The schedule for these two (2). holidays to be approved by the Department Head. 6.4 During the first calendar year of employment any new employee must be hired before June 30th to be eligible to receive the floating holiday. Any new employee hired after June 30th shall be eligible to receive one-half (1/2) floating holiday, ARTICLE VIL $ICK LEAVE 7.1 Sick leave shall be earned by full-time employees at the following rates: (h) From six (6) months to one (1) year, one (1) week at full pay. From one (1) year to two (2) years, one (1) additional day per month. From two (2) to five (5) years, four (4) weeks at full pay; nine weeks at half pay. From (5) to ten (10) years; thirteen (13) weeks at full pay; thirteen (13) weeks at half pay. From ten (10) to fifteen (15) years, thirteen (13) weeks at full pay; thirty-nine (39) weeks half pay. From fifteen (15) to twenty years, twenty-six (26) weeks at full pay; twenty-six (26) weeks at half pay. From twenty (20) to twenty-five (25) years, thirty-nine (39) weeks at full pay; thirteen (13) weeks at half pay. Over twenty-five (25) years, 52 weeks full pay. A week shall be considered to be five (5) working days. Sick leave benefits shall accrue on the January 1st immediately preceding the anniversary date of employment. 7.2 Sickness disability benefits usage shall be subject to the following conditions: (a) An employee may use the full entitlement only once annually. (b) Any days used by an employee must be replaced at the following earning rate: employees shall earn sickness disability leave at the rate of sixteen (16) hours for each month worked. (c) Sickness disability leave time cannot be earned during the time an employee is on sick leave. Sick leave earned back shall be figured on a pro rata basis each month with no earn back of leave for that portion of sick leave used during the month. (d) Sickness disability leave time shall be earned as a replacement for used leave time by only those employees who have utilized the benefit. Sick leave used last shall be replaced first. AFSCME Labor Agreement Page 4 7,3 Sick leave may be authorized for the following reasons with the limitations as specified: (a) For illness or injury, dental or medical treatment for the employee. Sick leave usage by the employee may be subject to approval by the Department Head. The EMPLOYER may require verification for an absence of three days or more, from a recognized medical authority attesting to the necessity of the leave, ability to return to duty or other information deemed necessary. In the event a pregnant employee elects to resign her employment because of pregnancy, such employee will be paid for accumulated sick leave up to but not exceeding 15 work days. (b) (c) Sick leave use for serious illness of the employee's spouse, minor children or employee's parents living in the household shall be as established in the City's personnel policy. 7.4 Should illness occur while an employee is on vacation the period of illness may be charged to sick leave and the charge to vacation reduced accordingly. An employee requesting such a change may be required to submit a written statement from a physician attesting to illness and the period of disability. 7.5 Any employee receiving worker's compensation benefits because of job connected injury or sickness shall, if he/she assigns his check to the City receive full wages for that period. Or, if any employee is receiving worker's compensation benefits and does not assign his/her check, he/she will be paid for the difference between worker's compensation allowance and his/her regular weekly pay. Sick leave shall then be figured on a prorated basis with no deduction of leave being made for that portion of the employee's absence which is covered by worker's compensation insurance. Sick leave will be suspended after benefits have been exhausted; however, an employee who has fulfilled all of the requirements for a vacation which has not been taken may request vacation pay during disability. After all sick leave benefits have been exhausted, any disabled employee may apply in writing for an authorized leave of absence without pay; provided that the period of such leave of absence when added to the period during which benefits have been paid shall not exceed one (1) year. Such application shall be accompanied by a physician's certificate stating that such disabled employee has not been able to return to work. Upon return to active employment, the employee shall retain all accumulated service credit for time worked prior to his/her disability, but shall receive no service credit for the period of absence. AFSCME Labor Agreement Page 5 ARTICLE VIII, VACATION 8.1 All full-time employees shall be entitled to the following vacation schedule: 0 - 12 months 5/6 days per month 1 - 3 years 10 days per year 4 - 9 years 15 days per year 10 - 14 years 20 days per year After 15 years One (1) additional day for each year up to twenty years for a maximum of 25 days 8.2 Vacations shall be granted at the time requested by the employee upon approval of Department Head. If the nature of the work makes it necessary to limit the number of employees on vacation at the same time, the employee with the greater departmental seniority shall be given his choice of vacation period. 8.3 If a holiday occurs during the calendar week in which a vacation is taken by an employee, the employee's vacation used shall be reduced by one work day. 8.4 Any employee who is laid off, discharged, retired or separated from the service of the EMPLOYER for any reason, prior to taking his vacation, shall be compensated in cash for the unused vacation he has accumulated at the time of separation. 8.5 Vacation may be taken in increments of less than a day with the approval of the Department Head. 8.6 Vacation time can be accumulated up to eighty (80) hours and used in the following year. Vacation in excess of eighty (80) hours at the end of the year shall be paid on the second (2nd) payday in January at the rate of pay in effect at the end of the previous year. 8.7 Vacation shall accrue on January 1st immediately preceding the anniversary date of employment. 8.8 An employee wishing to donate vacation hours may donate up to 40 hours of accrued vacation per calendar year to one or more City of Stillwater employees who are experiencing a catastrophic medical emergency involving illness or injury or who are providing care for a spouse or dependent child who has incurred a life-threatening illness/injury. A recipient's eligibility based on catastrophic medical emergency is determined by the City Administrator of his/her designee. Procedure for employees wishing to donate accrued vacation to another city employee(s) shall be in accordance with the City of Stillwater HR Policy Resolution No. 2001-178 as adopted by the City Council and updated September 17, 2009 Section 10-2A Vacation Time Donation. AFSCME Labor Agreement Page 6 ARTICLE IX. SEVERANCE PAY 9.1 All permanent employees who leave the employment of the City because of retirement, resignation or death shall receive pay for 100 percent of unused accrued vacation and compensation time. 9.2 All permanent employees who retire due to age or physical disability and are eligible to receive PERA retirement benefits, shall receive one-half of unused disability benefits providing he or she had been employed with the City in a permanent, full time position for a period of not less than ten (10) years. 9.3 In the event of death while still employed, the surviving spouse, if any, or if no surviving spouse, minor children, if any, or employee's estate shall be entitled to such severance pay in the same amount as though such employee had retired due to age or physical disability as above provided. ARTICLE X. ',EAVES 10.1 Funeral Leave (a) An employee shall be granted a paid funeral leave of up to three (3) working days in each case of death of the immediate family. Immediate family shall be defined as the employee's spouse, children, parents, siblings, grandparents, grandchildren and shall include parents and siblings of the employee's spouse. Such leave shall not be deducted from any other accumulated leave. Additional leave days may be granted by the EMPLOYER, should the circumstances warrant the additional days. (b) One day with pay shall be allowed in the event an employee is selected to be a pallbearer in a funeral. (c) Emergency leave with pay for relatives not specified in 10.1a. shall be as specified in the City's personnel policy. 10.2 Employees shall be granted a leave of absence with pay any time they are required to report to jury duty or jury service. All fees shall be returned to the EMPLOYER except those paid for duty on the Employee's normal day off and those for meals and mileage. Any hours not on jury duty shall be worked. 10.3 Notice. An employee using jury duty or funeral leave shall notify the EMPLOYER of such intent as soon as the necessity of such leave is known. 10.4 Unpaid leaves for a limited period, not to exceed six months, may be granted for any reasonable purpose, and such leaves may be extended or renewed for any reasonable period. Employees shall submit a written request for personal leave to the City Council. All personal leaves shall be without compensation. (a) Application for Leave. Any request for a leave of absence without pay shall be submitted in writing by the Employee to the EMPLOYER or his designee. The AFSCME Labor Agreement Page 7 request shall state the reason the leave is being requested and the length of time the employee desires. (b) Employees shall be returned to the position in their department if the leave is for sixty (60) days or less and to their classification in their department if the leave is in excess of sixty (60) days. 10.5 UNION Business. Employees elected to a Local UNION office or selected by the UNION to do work which takes them from their employment with the EMPLOYER, shall at the written request of the UNION be granted a leave of absence. 10.6 Maternity. Maternity leave, not to exceed six (6) months, shall be granted at the request of the Employee. 10.7 Educational. Leave of absence shall be granted in accordance with the personnel regulations. ARTICLE XI. WAGES 11.1 Employees shall be paid in accordance with the attached salary and longevity pay schedules marked Appendix A-1,(Monthly Salary Schedule) and Appendix B (Monthly Longevity Pay Schedule). 11.2 Incumbent employees will move into the salary schedule in accordance with their length of service. 11.3 An Employee who is called to duty during the employee's scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half (11/2 %) times the employee's base pay rate. An extension or early report to a scheduled shift for duty does not qualify for the two (2) hour minimum. 11.4 All permanent, full-time employees shall receive monthly longevity pay according to Appendix B. Longevity pay shall be based on employee's length of service with the EMPLOYER. 11.5 Employees who are required to work exclusively at a higher classification in this bargaining unit shall receive working out of classification pay as provided for in Exhibit "C". 11.6 In the event an employee is promoted to a higher classification, the employees compensation shall be increased by 5% to the next highest step of the higher classification. ARTICLE XII. OVERTIME 12.1 Time and one-half the employee's regular hourly rate of pay shall be paid for work performed in excess of the normal workweek of forty (40) hours. Compensated leave shall be considered worked hours for the purpose of determining eligibility for overtime compensation. AFSCME Labor Agreement Page 8 12.2 Distribution. Overtime work shall be distributed as equally as practical to qualified employees. 12.3 Overtime shall be calculated to the nearest fifteen (15) minutes. 12.4 Employees who elect to take compensatory time off in lieu of overtime pay, shall earn compensatory time at the rate of time and one-half. Compensatory time off shall be scheduled at the mutual convenience of the employer and employee. Employees shall not be allowed to accrue more than forty (40) hours of compensatory time or carry over more than forty (40) hours of compensatory time into the next calendar year without permission of employee's supervisor. ARTICLE XIII. GRIEVANCE PROCEDURES 13.1 Definition of Grievance. A grievance is defined as a dispute or disagreement as to the interpretation or application of specific terms and conditions of this agreement. An employee has the right to have UNION representation. 13.2 Organization Representatives. The City will recognize representatives designated by the UNION as the grievance representative of the bargaining unit having the duties and responsibilities established by this article. 13.3 Processing of Grievance. The aggrieved employee's representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the employee and employee representative has notified the designated supervisor. 13.4 Grievance Procedure. Grievances shall be processed in the following manner: Step 1. The UNION Steward, with or without the employee, shall take up the grievance or dispute with the employee's immediate supervisor within ten (10) days of the employee's knowledge of its occurrence. The supervisor shall respond within five (5) workdays. Step 2. If the grievance is not settled in Step 1, it shall be referred in writing to the City Council, or their designee, within ten (10) working days after the designated supervisor's answer in Step 1. The EMPLOYER representative shall discuss the grievance within ten (10) working days with the employee and the UNION representative at a time mutually agreeable to the parties. If the grievance is settled as a result of such a meeting, the settlement shall be reduced in writing and signed by the EMPLOYER representative and the UNION. If no settlement is reached, the EMPLOYER representative shall give written answer to the UNION within ten (10) days following their meeting. Step 3. If the grievance is not settled in Step 2 and the UNION desires to appeal, it shall referred by the UNION in writing to the City Council or their designee within ten (10) working days after the EMPLOYER's response in Step 2. A meeting the City Council or their designee, and the UNION shall be held at a time agreeable to the parties. If the grievance is settled as a result of such a meeting, AFSCME Labor Agreement Page 9 settlement shall be reduced to writing and signed by the City Council or their designee and the UNION. If no settlement is reached, the City Council or their designee shall give written answer to the UNION within ten (10) working days following the meeting. Step 4. Arbitration. If the grievance is not settled in accordance with the foregoing procedure, either party may refer the grievance to arbitration within ten (10) working days after the UNION's receipt of the EMPLOYER's written answer in Step 3, as provided in Minnesota Statutes, Section 179.70. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Crrievances" as established by the Public Employment Relations Board. (a) The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of the contract. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the City and the Employee and the UNION, and shall have no authority to make a decision on any other issue not so submitted. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs, by the parties, whichever be later, unless the parties agree to an extension. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in anyway, the application of laws, ordinances or rules and regulations having the force and effect of law. The decision shall be based solely on the arbitrator's interpretation of application of the express terms of the Agreement and to the facts of the grievance presented. The parties may, by mutual written agreement agree to submit more than one grievance to the arbitrator provided that each grievance will be considered as a separate issue and each on its own merit. (b) (c) The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the City and the UNION, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, provided it pays for such a record. If both parties desire a verbatim record of the proceedings, the costs shall be shared equally. 13.5 Waiver, If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER's last answer. If the EMPLOYER does not answer a grievance or an appeal therefore within the specified time limits or any agreed to extension, the employee and the UNION may elect to treat the grievance as denied at that step and appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the City and the UNION in each step. The term "working days" as used in this Article shall mean the days Monday through Friday, inclusive, exclusive of holidays. 13.6 Record. All documents, communications and records dealing with a grievance shall be filed separately from the personnel files of the involved employee(s). AFSCME Labor Agreement Page 10 ARTICLE XIV. SENIORITY 14.1 Seniority means an employee's length of continuous service with the City and by job classification. 14.2 The EMPLOYER shall provide to the UNION a seniority list showing the continuous service of each employee upon the UNION's request. The UNION shall only be permitted to make two (2) requests in any calendar year. 14,3 Breaks in Continuous Service. An employee's continuous service record shall be broken by voluntary resignation, discharge for just cause and retirement. 14.4 Probationary Periods. (a) All newly hired or rehired employees will serve a twelve (12) month probationary period. (b) All employees will serve a twelve (12) month probationary period in any job classification in which the employee has not served a probationary period. During the probationary period, an employee may return to their previously held position, provided that both job classifications are within this bargaining unit. (c) At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER. ARTICLE XV. WORK FORCE 15.1 Any vacancy or newly created position in a department will be posted in a conspicuous place in all depaituients where employees within the bargaining unit work. Such notice shall be posted for at least five (5) workdays prior to filling such vacancy or newly created position. Whenever practicable, vacancies shall be filled from among the present employees in the department, giving first consideration to seniority and qualification. If it becomes necessary in filling a vacancy to bypass an employee's seniority, reasons for said denial shall be given in writing to such employee. No vacancy shall be reduced in classification by the EMPLOYER without first being offered in the bidding process. 15.2 A reduction of the work force will be accomplished on the basis of seniority and job classification provided all probationary and temporary employees in the classification(s) where the lay off occurs are laid off first. In the event of layoffs or a reduction of the work force, employees may exercise their seniority rights to a job classification of a higher, the same or lower pay within the bargaining unit provided that all job relevant qualifications between employees are equal. 15.3 Employees shall be recalled from layoff according to seniority and job classification. No new employee shall be hired for a job classification which a layoff has occurred until all employees on layoff status within that job classification have been given ample opportunity to return to work within twenty-four (24) months of said layoff. The City will notify employees on layoff to return to work by registered mail at the employee's last AFSCME Labor Agreement Page 11 recorded address. The employee must return to work within three (3) weeks of receipt of this notice in order to be eligible for reemployment. ARTICLE XVI. INSURANCE 16.1 Single Coverage. The EMPLOYER will provide the full single health insurance premium for the base plan for employees who elect single coverage. 16.2 Dependent Coverage. (a) (b) Effective January 1, 2015, the EMPLOYER will contribute up to a maximum of $1,141.86 per month per employee who elects dependent health insurance coverage. Effective January 1, 2016, the EMPLOYER will contribute up to a maximum of $1,151.86 per month per employee who elects dependent health insurance coverage. (c) In no event shall the EMPLOYER contribute more than the premium cost. 16.3 Life Insurance, The City shall provide a $20,000 life insurance policy for permanent full time employees until age 70. After age 70, the policy shall be reduced by 50% and terminate at retirement. 16.4 Post -Retirement Coverage. Employees hired prior to December 31, 1988 and who retire after 10 continuous years of City service and who are eligible to receive PERA benefits shall be allowed to continue their medical insurance coverage at City expense until their death. If said employee provided dependent coverage for his/her spouse prior to his/her retirement, the City shall pay said dependent's coverage until death. 16.5 Comrnittee. The EMPLOYER agrees it will create a labor management committee for the purposes of discussing insurance renewal and plan design. The UNION shall appoint a representative of the AFSCME Local 517 City of Stillwater to attend the committee meeting. The City will endeavor to schedule such meetings during work hours so that no loss of pay occurs, but shall not be subject to overtime payment if said meetings are at other hours. 16.6 Affordable Care Act. In the event the health insurance provisions of this Agreement fail to meet the requirements of the Affordable Care Act and its related regulations or cause the Employer to be subject to a penalty, tax or fine, the Union and the Employer will meet immediately to bargain over alternative provisions so as to comply with the Act and avoid and/or minimize any penalties, taxes or fines for the Employer. ARTICLE XVII. GENERAL PROVISIONS 17.1 Neither the UNION nor the EMPLOYER shall discriminate against any employee because of UNION membership or non membership, nor because of age, race, creed, gender, color, religious belief, sexual or affectional preference, AFSCME Labor Agreement Page 12 17.2 The EMPLOYER agrees to recognize stewards and alternates as certified by the UNION subject to the following stipulations: (a) Employee UNION officers shall be granted a reasonable amount of time off without pay during work hours for union business, provided they notify their designated supervisor. (1) Non-employee representatives of the UNION shall be permitted to come on the premises of the EMPLOYER for the purpose of investigating and discussing grievances if they first notify the EMPLOYER's designee and provided the UNION representative does not interfere with the work of the employees. 17.3 Work Rules. The EMPLOYER shall have the right to establish work rules and personnel policies which shall be equitably and uniformly applied. Prior to the effective date, any work rule or policy shall be posted on all bulletin boards for a period of ten (10) consecutive workdays. In addition, copies shall be furnished to the UNION, and when effective, all existing rules and policies shall be furnished to all employees. New employees shall be furnished a copy of all work rules when hired. 17.4 City will provide all training required by the City at City expense. 17.5 Any subject matter placed in the Employee's personnel file which could be detrimental to the Employee's future promotion, transfer, present or future employment, shall be served upon the Employee in writing. Such matter shall be a proper subject for the grievance procedure. All materials in any Employee's file shall be available for the Employee's inspection. 17.6 The EMPLOYER shall provide required uniform articles and equipment to Secretary/Dispatchers and Community Service Officers. 17.7 The EMPLOYER shall provide City logo jacket and shirts for Building Inspectors and Engineer Techs. 17.8 Effective January 1, 2015, the City shall reimburse Building Inspectors and Engineer Techs up to $160.00 each for the first time purchase of an approved winter and summer type safety shoe. Thereafter, said employees shall be reimbursed one hundred percent (100%) of the cost, not to exceed $160.00 for the replacement of said safety shoes due to normal wear and tear or damage that is not due to negligence or careless action of the Employee. ARTICLE XVIII. SAVINGS CLAUSF Should any article, section or portion thereof, of the Agreement be held unlawful and unenforceable by any court of competent jurisdiction, such decision of the court shall apply only to the specified article, section or portion thereof directly specified in the decision; upon the issuance of such a decision, the parties agree immediately to negotiate a substitute for the invalidated article, section or portion thereof. AFSCME Labor Agreement Page 13 ARTICLE XIX, EMPLOYER AUTHORITY 19.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial functions not specifically limited by this Agreement. 19.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the EMPLOYER to modify, establish or eliminate. 19.3 Prior to contracting out or subcontracting any work performed by Employees covered by the Agreement, the City agrees to meet and confer with the UNION to discuss possible ways and means to minimize the elimination of positions covered by this Agreement. ARTICLE XX, EMPLOYEE RIGHTS 20.1 Employees shall have the right, freely and without fear to penalty or reprisal by the EMPLOYER to join and participate in the UNION. 20.2 Employees choosing to participate in the internal affairs of the UNION as an officer, steward or other capacity, may do so without fear of reprisal by the EMPLOYER for such participation consistent with the Employee's job duties and responsibilities and the provisions of this contract. ARTICLE XXI. DISCIPLINE 21.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one of the following forms: (a) Oral reprimand; (b) Written reprimand; (c) Suspension; (d) Demotion; or (e) Discharge. 21.2 Suspensions, demotions, and discharges will be in written form. 21.3 Written reprimands, notices of suspension, notices of demotion and notices of discharge which are to become part of an Employee's personnel file shall be read and acknowledged by signature of the Employee. Employees and the UNION will receive a copy of such reprimands and/or notices. AFSCME Labor Agreement Page 14 21.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 21.5 Employees will not be questioned concerning an investigation of the disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such questioning. 21.6 Grievances relating to this Article shall be initiated by the UNION at step 3 of the grievance procedure under Article XIII (Grievance Procedures) of this AGREEMENT. ARTICLE XXII. WAIVER This Agreement shall represent the complete Agreement between the UNION and the EMPLOYER. The parties acknowledge that during the negotiations which resulted in the Agreement, each had the unlimited right and opportunity to make requests and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the complete understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the EMPLOYER and the UNION, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered by this Agreement or with respect to any subject or matter not specifically referred to or covered by this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both parties at the time that they negotiated or signed this Agreement. ARTICLE XXIII. TERMINATION This Agreement shall be effective as of the first day of January 2015 and remain in full force and effect through the 31st day of December 2016. It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing by November 1st that it desires to modify this Agreement. This Agreement shall remain in full force and effect during the period of negotiations or until notice of termination of the Agreement is provided to the other party in the manner set forth in the following paragraph. In the event that either party desires to terminate this Agreement, written notice must be given to the other party not less than ten (10) days prior to the desired termination date. The termination date shall not be before the anniversary date set forth in the preceding paragraph. IN WITNESS WHEREOF, the parties hereto have set their hands this 7 tS day of July, 2015. For the City of Stillwater F r ME s until 5 , cal 517 d Ted Kozlowski, Mayor Jo r ''w,ldt, Busin:.s • :ent Diane Ward, City Clerk Rich Bornt, Negotiation Team Beth Wolf, Negotiati AFSCME Labor Agreement Page 15 APPENDIX A -1 MONTHLY SALARY SCHEDULE EFFECTIVE: January 1, 2015 - December 31, 2015 Part time Employees After After After After 1040 2080 4160 6240 Hours Hours Hours Hours Full-time Employee Entry 6 mos. 1 Year 2 Year 3 Years Asst. Finance Director $5,143 $5,464 $5,786 $6,107 $6,428 Accountant $4,006 $4,256 $4,506 $4,757 $5,007 Sr. Account Clerk $3,552 $3,774 $3,996 $4,218 $4,440 Payroll/HR Technician $3,689 $3,919 $4,150 $4,381 $4,611 Jr. Account Clerk $3,040 $3,230 $3,420 $3,610 $3,800 Secretary $3,448 $3,664 $3,880 $4,095 $4,31.1 Clerk/Typist $2,964 $3,150 $3,335 $3,521 $3,706 Secretary/Dispatcher II $3,552 $3,774 $3,996 $4,218 $4,440 Secretary/Dispatcher I $3,492 $3,710 $3,928 $4,147 $4,365 Building Official $4,971 $5,281 $5,592 $5,902 $6,213 Building Inspector $4,251 $4,517 $4,782 $5,048 $5,314 Asst. Building Inspector $3,448 $3,664 $3,880 $4,095 $4,311 Building Maintenance Worker I $2,900 $3,082 $3,263 $3,444 $3,626 Building Maintenance Worker II $3,187 $3,387 $3,585 $3,785 $3,984 Building Permit Technician $3,892 $4,087 $4,291 $4,505 $4,730 Community Service Officer $3,040 $3,230 $3,420 $3,610 $3,800 Community Resource Officer $3,040 $3,230 $3,420 $3,610 $3,800 Asst. Planner $3,310 $3,517 $3,724 $3,932 $4,139 Planner I $4,143 $4,401 $4,660 $4,919 $5,178 Planner II $4,571 $4,856 $5,142 $5,428 $5,713 Parking Enforcement Officer $2,827 $3,003 $3,181 $3,357 $3,534 Civil Engineer $5,144 $5,466 $5,788 $6,109 $6,430 Project Coordinator $4,954 $5,264 $5,574 $5,883 $6,193 Engineering Technician TV $4,509 $4,791 $5,073 $5,354 $5,636 Engineering Technician 111 $4,029 $4,282 $4,533 $4,785 $5,037 Engineering Technician II $3,602 $3,826 $4,052 $4,277 $4,502 MIS Specialist $5,016 $5,329 $5,642 $5,956 $6,270 IS Technician $4,092 $4,348 $4,603 $4,860 $5,115 Employees shall also receive longevity pay according to Appendix B AFSCME Labor Agreement Page 16 Part time Employees Full-time Employee APPENDIX A - 2 MONTHLY SALARY SCHEDULE EFFECTIVE: January 1, 2016 - December 31, 2016 After After After After 1040 2080 4160 6240 Hours Hours Hours Hours Entry 6 mos, 1 Year 2 Year 3 Years Asst. Finance Director $5,297 $5,628 $5,959 $6,290 $6,621 Accountant $4,126 $4,384 $4,641 $4,899 $5,157 Sr. Account Clerk $3,659 $3,887 $4,116 $4,344 $4,574 Payroll/HR Technician $3,800 $4,037 $4,274 $4,512 $4,750 Jr. Account Clerk $3,131 $3,327 $3,522 $3,71 8 $3,914 Secretary $3,552 $3,774 $3,996 $4,21 8 $4,440 Clerk/Typist $3,053 $3,244 $3,435 $3,626 $3,817 Secretary/Dispatcher II $3,659 $3,887 $4,116 $4,344 $4,574 Secretary/Dispatcher I $3,596 $3,821 $4,046 $4,271 $4,496 Building Official $5,120 $5,439 $5,760 $6,079 $6,399 Building Inspector $4,378 $4,652 $4,926 $5,199 $5,473 Asst. Building Inspector $3,552 $3,774 $3,996 $4,218 $4,440 Building Maintenance Worker I $2,987 $3,174 $3,361 $3,548 $3,734 Building Maintenance Worker 11 $3,282 $3,488 $3,693 $3,899 $4,104 Building Permit Technician $4,009 $4,210 $4,420 $4,640 $4,872 Community Service Officer $3,131 $3,327 $3,522 $3,718 $3,914 Community Resource Officer $3,131 $3,327 $3,522 $3,718 $3,914 Asst. Planner $3,410 $3,623 $3,836 $4,049 $4,263 PlannerI $4,267 $4,533 $4,800 $5,067 $5,333 Planner II $4,708 $5,002 $5,296 $5,591 $5,885 Parking F.nforcement Officer $2,912 $3,094 $3,276 $3,457 $3,640 Civil Engineer $5,298 $5,630 $5,961 $6,292 $6,623 Project Coordinator $5,103 $5,422 $5,742 $6,060 $6,379 Engineering Technician IV $4,645 $4,934 $5,225 $5,515 $5,805 Engineering Technician III $4,150 $4,410 $4,669 $4,929 $5,188 Engineering Technician II $3,710 $3,941 $4,174 $4,405 $4,637 MIS Specialist $5,167 $5,489 $5,812 $6,135 $6,458 IS Technician $4,215 $4,478 $4,741 $5,005 $5,268 Employees shall also receive longevity pay according to Appendix B AFSCME Labor Agreement Page 17 Part time Employees Full-time Employee APPENDIX B MONTHLY LONGEVITY PAY SCHEDULE EFFECTIVE: January 1, 2007 After 10,400 Hours or 5 Years After After Auer 2080 4160 6240 Hours Hours Hours or or or 10 Years 15 Years 20 Years Asst. Finance Director $87.00 $174,00 $261.00 Accountant $67.00 $132.00 $198.00 Sr. Account Clerk $60.00 $119.00 $179.00 Payroll/HR Technician $60.00 $119,00 $179.00 Jr. Account Clerk $51.00 $105.00 $155.00 Secretary $59.00 $117.00 $176,00 Clerk/Typist $51.00 $106.00 $155.00 Secretary/Dispatcher II $60.00 $119.00 $179.00 Secretary/Dispatcher I $59.00 $117.00 $176,00 Building Official $83.00 $166.00 $249.00 Building Inspector $73.00 $145.00 $217.00 Asst, Building Inspector $59,00 $117.00 $176.00 Building Maintenance Worker I $53.00 $104.00 $158.00 Building Maintenance Worker II $58.00 $115.00 $173.00 Community Service Officer $51.00 $105.00 $155.00 Community Resource Officer $51.00 $105.00 $155.00 Asst. Planner $59.00 $117.00 $176.00 Planner I $73.00 $145.00 $217.00 Planner II $86.00 $170.00 $255.00 Parking Enforcement Officer $50.00 $101.00 $151.00 Civil Engineer $ 86.00 $172.00 $258.00 Project Coordinator $84.00 $168.00 $252.00 Engineering Technician IV $79.00 $157.00 $236.00 Engineering Technician III $73.00 $145.00 $217.00 Engineering Technician II $64.00 $128.00 $192.00 MIS Specialist $75.00 $150.00 $225.00 IS Technician $65.00 $130.00 $173.00 Building Permit Technician $65.00 $130.00 $173.00 Al SCME Labor Agreement Page 18 $311.00 $236.00 $213.00 $213.00 $187.00 $209.00 $187.00 $213.00 $209.00 $298.00 $260.00 $209.00 $186.00 $216.00 $187.00 $187.00 $209.00 $260.00 $305.00 $182.00 $307.00 $300.00 $285.00 $260.00 $224.00 $272,00 $202.00 $202.00 EXHIBIT C MEMORANDUM O F UNDERSTANDING BETWEEN THE CITY OF STILLWATER A N D AFSCME COUNCIL 517 REGARDING WORKING OUT OF CLASSIFICATION PAY SUBJECT; WORKING OUT OF CLASSIFICATION PAY PURPOSE; To define and delineate circumstances when an employee will receive ; compensation for the performance of duties In a higher classification than he/she normally performs. APPLICABILITY: he provisions of this policy apply to AFSCME Council 517 City of Stillwater employees. STATEMENT OF POLICY AND UNDERSTANDING: 1, Compensation for working out of classification Is provided as monetary recognition to an employee for the assumption and performance of duties normally performed by an employee of higher classification, 2, The assumption and performance of the duties of the higher classification must encompass the full range of responsibilities of the higher classification. This shall not apply to temporary assignments which are made pursuant to prior mutual agreement between the employee and his or her immediate supervisor for the purpose of providing a training opportunity to the employee, for a mutually agreed upon period of time. 3. The performance of such duties must be for an extended period of time, whereina need exists to 'fulfill the duties and responsibilities of the vacant position. An extended period of time is generally considered as an assumption of duties and responsibilities that will last In excess of ten (10) workdays. 4. Working out of classtflcatlon compensation shall be allowed only afterwrltten recommendation of the department head .and concurrence by the City Coordinator. Recommendation and designation shall be accomplished prior to the assumption of higher classification responsibilities. 5. The employee's compensation :will be Increased by 5% to the next highest step of the higher classification In which the employee is substituting. 6. When the temporary assignment Is completed, the employee's salary will be readjusted to Its previous level on the level where it would have attained, including general salary adjustment and within range increases, if the out -of -classification pay had not been made. The employee's date of hire and anniversary date will remain unchanged throughout the temporary assignment. 19 Exhibit D MEMORANDUM OF UNDERSTANDING Between The City of Stillwater and Local 517, Council No. 5 of the American Federation of State, County and Municipal. Employees, AFL -C10 Contributions to Post Employment Health Care Savings Pian This Memorandum of Understanding Is entered Into between the City of Stillwater (hereafter "City") and AI=SCME Local No. 517 (hereafter "Union"). WHEREAS, the City and the Union are parties to a collective bargaining agreement; and; WHEREAS, Minn, Stat. § 352.98 allows the City to sponsor a post employment health care savings program that allows employees to save money to pay medical expenses and/or health insurance premiums after termination of public service. NOW, THEREFORE, the parties hereto agree as follows: 1. All funds collected by the City on behalf of an employee will be deposited Into an employee's Post Employment Health Care Savings Plan account administered by the Minnesota Post Employment Health Care Savings Pian established under Minn. Stat. § 352,98 and as outlined In the Minnesota State Retirement System's (MSRS) Trust and Plan Documents. 2. All employees not covered under City Ordinance No, 844, which provides for the City's HospltaVMedicat Insurance for Retired employees, will be considered eligible employees and will participate In the Post :Employment Health Care Savings Plan. 3. Eligible employees shall contribute twenty-five dollars ($25.00) per paycheck to the employee's Post Employment Health Care Savings Plan. 4. Eligible employees shall. contribute 50% of the severance pay benefit that is due to the employee based on Article IX ;gibe collective bargaining agreement to the employee's Post Employment Health. Care Savings Plan upon separation of employment. 5. Any: description of benefits contained In this .Memorandum of Understanding Is Intended to be Informational only. The management of contributed.funds into the Post Employment Health Care Savings Plan Is the responsibility of the Plan Administrator, Minnesota State Retirement System (MSRS), and the State Board, of Investment, their agents, employees or. subcontractors and/Or the investment option provider selected by the employee. The City's only obligation Is to deposit accrued monies 20 as outlined by this Memorandum. The City has no other responsibilities or obligations and no other claims can or shall be made against the City pursuant to this Memorandum. 6, This Memorandum of Understanding represents the full and complete agreement between the parties regarding this matter. For the City of Stiliw ,' arycki, Mayor Diane Ward, City Clerk Date: to For AFSCME Council 5, Local 617: Carole Gerst, iness Agent Jennl r. Roell . _ Negotiation Team is 1 Pogge, N.egotla io Team 21 41 Exhibit E • MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF STILLWATER AND LOCAL 517 COUNCIL NO. 14 OF THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO SUBJECT: DRUG and ALCOHOL TESTING POLICY PURPOSE: To establish circumstances when an employee will be tested for drug use and alcohol consumption. APPLICABILITY: The provisions of this policy apply to all AFSCME (Local No. 517) employees. STATEMENT OF UNDERSTANDING: It is understood that the City of Stillwater and Local 517, Council No, 14 of the American Federation of State, County and Municipal Employees (AFSCME) AFL-CIO, have negotiated and agreed on the City of Stillwater Drug and Alcohol Testing Policy, as drafted April 6, 2000, as attached. In the event that Minnesota Statutes 181,950 through 181.957 Drug and Alcohol Testing in the Workplace, are amended, the parties shall open this Memorandum to negotiate the Subject of said Memorandum. FOR THE CITY OF STILLWATER: 22 FOR AFSCME (LOCAL NO. 517): YYL -41 Exhibit F 'MEMORANDUM OE UNDERSTANDING BETWEEN THE CITY OF STILLWATER AND LOCAL 517 COUNCIL NO. 5' OF THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO • SUBJECT: APPLICATION OF APSCME LABOR AGREEMENT TO EXEMPT EMPLOYEES • PURPOSE: To establish language applicable to job classifications that are designated as . "Exempt" under the Fair Labor Standards Act (FLSA). _. _ _. �.� '_pi OASJI:ITY• .theprovisions•oflblspotiay.applyto aIIAE&CME(Local.Ato. 17)— .,,._.. • employees that are appointed to a job classification -that is designated as "Exempt" under the Fair Labor Standards Act (FLSA), STATEMENT OF•UNDBRSTANDING: It is understood that the City of Stillwater and Local. 517, Council No. 5 oi; the American Federation:of State, County and Municipal Employees, (AFSCME) AFL-CIO, have negotiated and agreed on the application of the AFSCME Labor Agreement to exempt employees. It has been agreed by the parties that any portions of the AFSCME labor agreenietst concerning overtime, compensatory tone, and callback time will not apply to job classifications that aro designated' as"Exempt" Under the Fair Labor Standards Act (FLSA). All other provisions of the Labor Agrcexrien will remain in still force and effect. "Exempt" employees, are eligible for time' off under the City's Flex Tune Policy.. FOR TIM. CITY .OF ST}T.LWA12igc 23 • • F4RAFSCI IB'' (LOCALNG, S17): :. . . 7, STAFF REQUEST ITEM Department: MIS Date: 7/17/15 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of four computers, two for Engineering, one for Police and one for the Recreation Center. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Total cost will be about $3600. Money is available in 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. -,._.._, Submitted by: Rose Holman / Date: 7/17/15 Memo DATE: July 17, 2015 TO: Mayor and City Council FROM: Sharon Harrison, Finance Director RE: Sanitary Sewer Adjustments BACKGROUND: During the course of any given year, sanitary sewer rate adjustment recommendations come before Council. These adjustments are mainly due to leaks found during the course of the year, but often stand out more during the readings during the 1St quarter of every year. For residential properties, sanitary sewer billing rates are set during the 2nd quarter of every year using the water consumption (obtained from the Water Board) from the 1st quarter of the year. This rate is then used for the next 4 billing cycles (quarters) until the rates are reset again the following year. As mentioned before, occasionally there are some properties that have experienced increased water usage during the 1St quarter of the year due to some unforeseen circumstances (e.g. leaky toilet, water softener issues, pipe issues, etc.). This increased water usage naturally in turn increases their sanitary sewer billing rate for the next 4 billing cycles (quarters). These residents/owners will then call the City to explain their individual circumstance. We (Finance) then review consumption rates from prior/current quarters to see if we can determine the duration/termination of the leak based on the information provided to us by the water department and the resident/owner. This information then is used to provide Council with new billing rate recommendations for upcoming billing periods (until the new rates are reset the following year). This practice has been used by the City for many years, and has been proven to be a fair and accurate way for property owners to pay their fair share of the use of the sanitary sewer system. RECOMMENDATION: Attached are staff recommendations for sanitary sewer rate adjustments currently requested by property owners. These adjustments are expressed in gallons (of consumption), based on the average consumption of the prior 3 years, and converted to the new billing rate using the most current billing rates approved by Council. These adjustments will begin with the next billing cycle (3rd quarter billing). In other words, staff is recommending to Council that the property owner at least pay the increased sanitary sewer rate for the billing period in which the leak occurred. COUNCIL ACTION: If Council agrees with Staff s recommendation, Council needs to approve staff recommendations as listed on the attached Exhibit A. CITY OF STILLWATER EXHIBIT A Description of Circumstance 1 Toilet leak Winter Average Gallons Billing Quarter Adjustment for From 25,000 3rd To 18,000 2 Toilet leak From 57,000 3rd To 39,000 3 Frozen pipe damage From 68,000 3rd To 10,000 4 Toilet leak From 132,000 3rd To 14,000 5 Toilet leak From To 21,000 1,000 3rd 6 Toilet leak 7 Softener leak From 37,000 To 21 00 3rd From To 88,000 21,000 3rd 8 Toilet leak From To 18,000 9,000 3rd 9 Toilet leak From 38,000 3rd To 4,000 Uwater H E e I n IHPIACE OF MINNESOTA. PLANNING REPORT DATE: City Council: July 21, 2015 CASE NO.: 2015-18 Planning Commission: July 8, 2015 APPLICANT: Coleen Ebner representing Stillwater Health System REQUEST: Consideration of a Special Use Permit for outside sales to occur on the property located at 1500 Curve Crest Boulevard ZONING: BPI - Business Park Industrial COMP PLAN: Commercial PREPARED BY: Abbi Jo Wittman, City Planner REQUEST The applicant is requesting a Special Use Permit for Stillwater Medical System to conduct a Farmers' Market in the Lakeview Clinic parking lot on Tuesdays from 2:00-6:00 pm from July to October. APPLICABLE REGULATIONS AND STANDARDS City Code Section 31-321 indicates a Special Use Permit may be granted for uses determined to be of the same general character to those found on the City's Non-residential Use Table so long as the use does not impair the present or potential use of adjacent properties. The Special Use Permit must be approved by the City Council. City Code Section 31-207, Special Use Permits, identifies the city may grant a Special Use Permit or amendments when the following findings are made: The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. Outside sales are permitted in much of the Business Park District although they are not permitted outright in the Industrially -zoned areas of this park. However, the Farmers Market is complimentary to the parcel's primary use of a clinic. Stillwater Medical Group will hold the Use Permit and be responsible for all vendor sales. Comprehensive Plan Chapter 7, Economic Development, indicates a policy to protect the city's industrial land base for industrial development. However, no changes to the underlying zoning are proposed, the use is temporary and ancillary to the clinic's operations, being located on existing asphalted parking areas. Any additional conditions necessary for the public interest have been imposed. Staff has identified the following to be potential concerns: Vendor Location: The applicant has indicated placing vendors along the South side of the existing parking area. Vendors should be located in such a fashion the existing drive lanes will not be blocked. Parking: The intent of the market is to provide healthy food options and alternatives to clients of the facility. As such, it is not anticipated the use will increase the demand for parking. However, drive lanes should be preserved so that free access through the parking lot can be obtained. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. No application elements have been determined to be detrimental to the public welfare of the community. ALTERNATIVES The City Council has the following options: 1. Approve Special Use Permit Resolution for Case No. 2015-18, with the following conditions: a. The outside sales may only occur between June 1 and October 31, annually. b. The hours of operations are limited to Tuesdays from 2:00 to 6:00 pm. c. All vendors shall be situated along the south edge of the parking lot. d. Access shall not be restricted on the drive lane by vendors or parked vehicles. e. Same day signage shall be reviewed and approved by Community Development Department staff. f. No more than two signs, one at each parking lot access point, shall be permitted to be installed during the event. g. Substantial changes shall be submitted for review and approval by the Planning Commission. 2. Determine that the proposed Outside Sales are not consistent with the Special Use Permit provisions and move to deny the Special Use Permit. FINDINGS AND RECOMMENDATION In a public hearing held on July 8, 2015, the Planning Commission determined that the proposed Outside Sales for a Farmers Market meets the Special Use Permit provisions and recommends the Commission recommend approval of the Special Use Permit with the conditions identified above. Staff also finds that the proposed Outside Sales meets the Special Use Permit provisions and recommends the Commission recommend approval of the Special Use Permit with the conditions identified above. 1500 Curve Crest Boulevard Case 2015-18 (CC: 7/21/2015) Page 2 ATTACHMENTS Site Location Map Narrative Outdoor Sales Map Resolution 1500 Curve Crest Boulevard Case 2015-18 (CC: 7/21/2015) Page 3 . -- -1 334 w 13}5 1360 ^371 ,-220 DRIVE 1 1346 1326'4-- 1318' 1302. 140 1444 1436, 1448 1428'1�;� 1502 _15341506... 1530 1526., ,. I. "`.� °� r �' �_, `-^— - �.. yp ��- �G�= _. _ -. - ., � ,� i/ 1 rte_ =°! l _ . W y d :466.1 -Parcel - _ `:., � s �101 0 <, / 1 18 ' 1 34 �0 1 �q la I I 157 2 BEET 444f ttillwaterill The Birthplace of Minnesota N E qW 1500 Curve Crest Boulevard Subject Property Boundaries w.,. Municipal Boundary �� "'" a 0 180 360 720 Feet $ --.........1� qac Too ` BC''P bilRl „�, General Site Location 1500 ^ �i a 1650 = \ �.a�..�.....4+. G! I��■ ��I� " �. 7 t2".711-: 4R z CO i ,® • ®I�1I. A 1754 2020 _ 200E 1950 - r �0 a • a®® ®. s ��� a r� n G 745 w„ °rJL 171 L»« 125 y 2159 ® ._ k. A^' 1826 181 : �. I— — x� i ( ��. AUX ��' (''. \\ 1.., -4!; ALM ' S.C./S �� 2, Stillwater Medical Group 1500 Curve Crest Boulevard Stillwater, MN 55082 921 South Greeley Street Stillwater, MN 55082 700 Wildwood Road Mahtomedi, MN 55115 700 Rivard Street Somerset, WI 54025 651-439-1234 800-877-1588 lakeviewhealth.org ‚,) HealthPartners. Stillwater Medical Group June 11, 2015 Dear Planning Commissioners Stillwater Medical Group and PowerUp, a community -wide health initiative are working together to plan and hold a small Farmers Market in the patient parking area of the Stillwater Medical Group Specialty Clinic at 1500 Curve Crest Blvd. The Market would feature locally grown produce, eggs and honey and would occur on Tuesdays, from 2-6 pm, mid-July through October. The event will encourage healthy eating and benefit our staff, patients and the wider community. There is adequate space to hold the Farmer's Market in our parking lot and easy access via our two driveways on Curve Crest Boulevard. Please consider our application for a Special use Permit for outside sales. Thank you! Coleen Ebner Stillwater Medical Group Our mission is to improve health and well-being in partnership with our members, patients and community. A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR A SEASONAL FAMERS MARKET ON THE PROPERTY LOCATED AT 1500 CURVE CREST BOULEVARD CASE NO. 2015-18 WHEREAS, Coleen Ebner of Stillwater Health System has made application for a Special Use Permit for a Seasonal Farmers Market to be located at 1500 Curve Crest Boulevard; and WHEREAS, the legal descriptions is Stillwater Clinic Addition Lot 1, Block 1; and WHEREAS, City Code Section 31-321 indicates a Special Use Permit may be granted for other uses determined to be of the same general character to those found on the City's Non-residential Use Table so long as the use does not impair the present or potential use of adjacent properties; and WHEREAS, the Stillwater Planning Commission heard the application in a public hearing on July 8, 2015; and WHEREAS, the Planning Commission found the Special Use Permit request is consistent with the City's Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the requested Special Use Permit for a Seasonal Farmers Market to be located on the property with the following conditions: 1. 2. 3. 4. 5. 6. The outside sales may only occur between June 1 and October 31, annually. The hours of operations are limited to Tuesdays from 2:00 to 6:00 pm. All vendors shall be situated along the south edge of the parking lot. Access shall not be restricted on the drive lane by vendors or parked vehicles. Same day signage shall be reviewed and approved by Community Development Department staff. No more than two signs, one at each parking lot access point, shall be permitted to be installed during the event. 7. Substantial changes shall be submitted for review and approval by the Planning Commission. Enacted by the City Council of the City of Stillwater, Minnesota this 21st day of July, 2015. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane Ward, Clerk ORDINANCE 1081 AN ORDINANCE AMENDING THE STILLWATER CITY CODE SEC. 31-202, TYPES OF PERMITS, SEC. 31-204, GENERALLY, SEC. 31-209, DESIGN REVIEW PERMIT, SEC. 31-318, VC VILLAGE COMMERCIAL DISTRICT, SEC. 31-322, CRD CAMPUS RESEARCH DISTRICT, SEC. 31-324, PWFD PUBLIC WORKS FACILITY DISTRICT, SEC. 31-509, SIGN REGULATIONS, SEC. 31-510, OFF-STREET PARKING AND LOADING, SEC. 517, CRD, CAMPUS RESEARCH DISTRICT MISCELLANEOUS STANDARDS, AND SEC. 31-518, PWFD, PUBLIC WORKS FACILITY DISTRICT MISCELLANEOUS STANDARDS THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: Purpose. The purpose of this Ordinance is to clarify design review requirements for certain signage in the West Stillwater Business Park District, to correct errors between Design Permits and design review permits, and to clarify the difference between design review and a Design Permit. 1. Amending. Stillwater City Code Section 31-202, Types of Permits, is amended that will hereafter read as follows: The following permits and actions are established in order to carry out the purposes and requirements of this chapter: (e) Design Permit; 2. Amending. Stillwater City Code Section 31-204, Generally, is amended that will hereafter read as follows: Subd. 5. Board or official body with final authority in application approval. The following table indicates the decision-making body that can approve an application and the body to which an appeal can be made: Public Hearing Requirements and Decision -Making Authority Permits/Action Recommendation Action Appeals Board Design Permit HPC CC 3. Amending. Stillwater City Code Section 31-209, Design Permit, is amended that will hereafter read as follows: Design Permits shall require the following: (c) Required when. A design permit is required for the following: (1) For site alteration permits issued by the heritage preservation commission, Section 22-7, subd. 6. (2) Type of projects and uses with the downtown plan district and the west business park plan district: i. All signs requiring a sign permit in the Downtown design review district. ii. All new signs proposed in conjunction with a new structure or development in the West Stillwater Business Park design review district. iii.All new multi -tenant sign plans in the West Stillwater Business Park design review district. (d) Application. Application for a design permit must be filed with the community development director on the prescribed form and include the following: (e) Review of the application by the design review committee. The design review committee must review all applications. The community development director must arrange with the applicant a time and place of meeting between the applicant and the design review committee. The design review committee must make a final decision on the granting or denial of a design permit after seeking the recommendation of the community development director. The design permit applicant or any party aggrieved by the decision of the committee has a right to appeal the decision to the city council. (h) Findings and decisions. Upon a finding by the design review committee that the application, subject to any conditions imposed, will need the standards of design review, secure the purpose of this chapter, the comprehensive plan and the heritage preservation ordinance, the design review committee may approve the design permit, subject to conditions as it deems necessary. If a finding is made that the permit would violate the standards of design review, it must deny the application. (i) Conformance to approval and site supervision. The community development director shall perform site supervision of building permits for which design permits have been granted to ensure compliance with all provisions and conditions of the design approval. 4. Amending. Stillwater City Code Section 31-318, VC Village Commercial District, is amended that will hereafter read as follows: Subd. (d) Other requirements. (2) Design Permit. A design permit is required for all village commercial uses. The country village architectural and design guidelines, set forth in Exhibit E to the Orderly Annexation Agreement between the City of Stillwater and Town of Stillwater, dated August 16, 1996, are the standards that must be applied to this design review. 5. Amending. Stillwater City Code Section 31-322, CRD Campus Research Development, is amended that will hereafter read as follows: Subd. (d) Other requirements. (6) Design Permit. A design permit is required for all CRD campus research and development district uses according to the design review standards of this chapter. 6. Amending. Stillwater City Code Section 31-324, PWFD Public Works Facility District, is amended that will hereafter read as follows: Subd. (d) Other requirements. (6) Design Permit. A design permit is required for all PWF district uses according to the design review standards of this chapter. 7. Amending. Stillwater City Code Section 31-509, Sign Regulations, is amended that will hereafter read as follows: Subd. 2. Permits required. All signs require a design review and may also require a design permit. An application for a design permit may be obtained from the community development director. The application must contain the following information: Subd. 7. Permitted signs by a sign permit in the central business or general commercial district. The following signs are permitted in the CBD -central business or CA -general commercial districts with a sign permit: (3) Permit review. All signs in the central business district require a design permit and meet the approved downtown design guidelines for signage. 8. Amending. Stillwater City Code Section 31-510, Off -Street Parking and Loading, is amended that will hereafter read as follows: Subd. 1. Off-street parking. (d)(3)i Receive special use and design permit so that design criteria are met and conditions of use may be established along with periodic review. (f)(2) Parking facility layout. There shall be no off-street parking spaces located within 15 feet of any street right-of-way or ten feet of any property line except in the central business district where spaces may be allowed with an approved design permit. 9. Amending. Stillwater City Code Section 31-517, CRD — Campus Research District Miscellaneous Standards, is amended that will hereafter read as follows: (5) Design Permit. A design permit is required for all CRD campus research and development district uses according to the design review standards of this chapter. 10. Amending. Stillwater City Code Section 31-518, PWFD — Public Works Facility District Miscellaneous Standards, is amended that will hereafter read as follows: (5) Design Permit. A design permit is required for all CRD campus research and development district uses according to the design review standards of this chapter. 11. Savings. In all other ways City Code Chapter 31 shall remain in full force and effect. 12. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to the law. Adopted by the City Council of the City of Stillwater this 21st day of July, 2015. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk IllWater THE BIRTHPLACE OF MINNESOTA TO: Mayor & Council Members FROM: Bill Turnblad, Community Development Director DATE: July 17, 2015 RE: Community Solar Garden Collaborative BACKGROUND A number of agencies in the Twin Cities Metropolitan Area have formed a collaborative to create solar gardens to which local governments may subscribe. The lead agencies in this effort are the Great Plains Institute, Hennepin and Ramsey Counties, the Metropolitan Council and the City of Minneapolis. Local governments interested in being part of the collaborative would submit a non- binding letter of intent (enclosed). With letters of intent in hand, the Metropolitan Council will send out an RFP to develop the solar facilities. Once built and producing solar energy, the energy will be delivered to Xcel and credited to the subscribing local governments. The reason this is economically attractive is that the credit is guaranteed for 25 years to be equal to or greater than the current cost per kWh charged by Xcel. And, there is no out of pocket expense to the subscribing unit of government. So, in addition to consuming cleaner, renewable energy, the City will have lower energy bills. The risk is that Xcel energy could lower its rates. Based on history, this is not a large risk. But, since it exists, staff would recommend only subscribing to 5% of the current annual consumption. RECOMMENDATION Based upon an audit completed by staff this month, the total energy consumption of all city facilities' in 2014 was 5,329,617 kWh. Therefore, staff recommends signing a letter of intent to subscribe to 250,000 kWh of energy annually2. 1 E.g. City Hall, recreation center, public works building, street lights, lift stations, the parking ramp, park facilities, CD sirens, parking lights and ticket dispensers, street signal lights, etc. 2 The minimum subscription amount to be a part of the collaborative is 240,000 kWh annually. ACTION REQUIRED If the Council accepts the recommendation it should adopt the attached resolution authorizing the Mayor to sign the letter of intent. bt attachments: Resolution Letter of Intent Project Description RESOLUTION 2015 - RESOLUTION APPROVING LETTER OF INTENT TO SUBSCRIBE TO COMMUNITY SOLAR COLLABORATIVE WHEREAS, a number of agencies in the Twin Cities Metropolitan Area have formed a collaborative to create solar gardens to which local governments may subscribe; and WHEREAS, lead agencies for the collaborative effort are the Great Plains Institute, Hennepin County, Ramsey County, the Metropolitan Council and the City of Minneapolis; and WHEREAS, local governments interested in joining the collaborative are to submit a non-binding letter of intent to subscribe; and WHEREAS, once built the energy produced by the solar facilities will be delivered to Xcel and credited to the subscribing local governments; and WHEREAS, the size of the credit by Xcel is guaranteed for 25 years to be more per kWh than currently charged by Xcel. NOW THEREFORE BE IT RESOLVED, that the Stillwater City Council hereby authorizes the Mayor to sign the non-binding letter of intent to subscribe to 250,000 kWh of solar energy annually. Adopted by the Stillwater City Council this 21ST day of July, 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk July XX, 2015 Mr. Jason Willett Metropolitan Council Environmental Services 390 North Robert Street St. Paul, MN 55101 RE: Governmental Solar Subscriber Collaborative Dear Mr. Willett: The City of Stillwater understands the Metropolitan Council intends to issue a Request for Proposals to find business(es) and get proposal(s) to develop community solar gardens to which the Council and other interested government entities can subscribe. The City of Stillwater believes the societal, financial and environmental value of Community Solar Gardens (CSG) warrants pursuit of this opportunity in conjunction with other local government entities. City staff has reviewed various materials and resources regarding CSGs, and has reviewed the electrical loads of our City facilities. In order to participate in a collaborative and expeditious manner, we agree to abide by the Metropolitan Council's procurement processes, to the allotment process between governments, to the evaluation panel make-up, and understand that we will not be able to negotiate (but just accept or decline) these opportunities. We agree to not hold the Metropolitan Council, the other participating governments or the Great Plains Institute liable for their good faith efforts in this program. Overall, the City of Stillwater has concluded that there is value in the program and therefore, the City intends to participate in subscriptions that become available as part of the Metropolitan Council's "Request for Proposals for CSG Subscription Agreements: slated to occur in July, 2015. Attached to this letter is a list of facilities that the City of Stillwater intends to involve in the purchase of Community Solar Garden subscriptions - if the price and terms of the subscription agreements meet the City's goals and objectives. In total, this is a commitment not to exceed kWh. This letter does not bind the City of Stillwater to sign any specific subscription agreements or otherwise commit financial resources to a community solar garden project. Nor does submitting this letter to the Metropolitan Council prevent the City of Stillwater from soliciting for SCG subscriptions alone or with other entities. The intent of this letter is to clearly state the City of Stillwater's desire to subscribe to one or more community solar gardens dependent on the term and conditions of the proposals received as a result of the "Request for Proposals for Community Solar Garden Subscription Agreements" being issued by the Metropolitan Council in July, 2015. The City of Stillwater encourages the Metropolitan Council to continue to take a leadership role on CSG projects so that the City of Stillwater along with other local government entities can participate in the financially responsible and environmentally preferable attributes of solar energy and share those benefits with its residents and businesses. Together, by leveraging the strength of local government entities and the expertise of the Metropolitan Council, we can reduce carbon emissions and improve the overall quality of life for metro area residents and businesses. Sincerely, Ted Kozlowski Mayor, City of Stillwater METROPOLITAN COUNCIL (MEAT PLAINS INSTITUTE Better Energy. Better World. RMV 3EY COUNTY CommrnNy !o_aT Subs©rrEber Co Q� OpiperItunKy for J'692iio Arms ,oca Mnnea City of Lakes of ocratilve: Goverrnmens Description: Community Solar Gardens create a new opportunity for local government entities to support clean energy, save on energy bills for public buildings and plants, and hedge against the future price volatility of electricity. The Community Solar Subscriber Collaborative is a joint effort for Metro area local governments to procure solar garden subscriptions from a single RFP process. By working together, government entities gain an economy of scale in the solicitation process (reducing the administrative burden to vet developers) and in attractiveness to developers, resulting in better pricing and subscription terms. The process below describes how the RFP will be issued and how local governments are able to procure solar garden subscriptions through this initiative. Process: 1. Letter of Intent: Interested local governments sign a non-binding letter of intent declaring their intent to subscribe, and attach to the letter a list of the premises and Toads they are interested in subscribing. Interested entities must be willing to subscribe to at least 200kW Exi�o> of solar production (equivalent to ,0,00000 kWh annual consumption). 2. Joint Powers Agreement (Optional): Local governments requiring a Joint Powers Agreement (JPA) to be signed according to their procurement policies may sign a community solar garden subscription -specific JPA. 3. Request for Proposals: The Metropolitan Council will publish an RFP for developers to provide community solar garden subscriptions to the local governments that signed a Letter of Intent. Developers' proposals will include a list of the counties they can provide subscriptions to and how much capacity they have available for each county. 4. Developer Selection: A team of governmental participants from the core steering group and major subscribers, selected by the Council, will evaluate proposals received, ranking them according to qualifications, experience, and price. 5. Lottery Process: Local governments that signed a Letter of Intent will be entered into a lottery for available gardens. Local governments drawn in the lottery will have the first right of refusal to subscribe to the garden(s) for which they are drawn. 6. Execute Subscription Agreement(s): In order to secure its subscription(s), each local government entity will need to execute its own Subscription Agreement(s) with the developer it is purchasing a subscription from. 7. Garden Approval Process: There is currently a long queue for community solar gardens to be approved by Xcel energy before they can be built. This process is expected to take 18-21 weeks after the initial application is submitted and may be longer as this is a new program in Minnesota and the number of garden applications has been much higher than expected. 8. Garden Construction: Construction of each garden can take from 1 to 6 months or longer depending on the permitting and process at the host site. 9. Energy Produced; Bill Credits Assigned: Once the garden is approved and built, it will begin producing solar energy, delivered to Xcel and credited to subscribing entities in the form of $/kWh bill credits. Timeline: MW Date RFP Published by Met Council Expected July 7th, 2015 Letters of Intent due to Met Council Due July 24th, 2015 Joint Powers Agreements signed (if deemed necessary by participating entities) Due July 24th 2015 Proposals Due August 3`d, 2015 Selection and Ranking of Proposals August 2015 Lottery Process August -September 2015 Execute Subscription Agreements October 2015 Contact for Questions: Trevor Drake Project Coordinator Great Plains Institute 612-767-7291 tdrakeAgpisd.net. Download documents, read frequent questions, and find more information online at www.mncerts.org/solargardens/collaborative Washington County 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington CountyGovernment, 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 CountyBoard 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 rightto limit an individuals presentationifit becomes redundant, repetitive, overly argumentative, ori fit is not relevant to an issue that is part of Washington County's Responsibilities. 3. 9:10 Consent Calendar — Roll Call Vote 4. 9:10 Accounting & Finance — Kathy Aho, Municipal Advisor at Springsted, Inc. Resolution — Awarding the Sale of General Obligation Bonds (Land and Water Legacy Program) and Providing for Payment of Series 2015A. 5. 9:20 Property Records & Taxpayer Services — Joanne Helm, Property Records & Taxpayer Services Deputy Director Property Records and Taxpayer Services Department's 2013-2014 Biannual Report 6. 9:25 Public Health & Environment — Judy Hunter, Senior Environmental Program Manager Resolution — Approval of 2015 Resource Recovery Project Budget Addendum for BizRecycling 7. 9:35 Public Works —Wayne Sandberg, County Engineer and Public Works Deputy Director; Cory Slagle, Assistant County Engineer; and Joe Gustafson, Traffic Engineer A. Approval of Budget Amendments Related to Funds Received for the Jurisdictional Transfer of Trunk Highway 5 from the Minnesota Department of Transportation to Washington County, and Request for Two Full Time Equivalents Maintenance Workers — Wayne Sandberg, County Engineer and Deputy Director B. Resolution — Establish County State Aid Highway Designations on Trunk Highway 5 to County State Aid Highways 14 and 15 — Wayne Sandberg, County Engineer and Deputy Director C. Resolution — Reject all Bids for Intersection Improvement at County State Aid Highways 12 and 17 — Cory Slagle, Assistant County Engineer D. Approval of Proposed Revisions to the 1994 Traffic Signal Ranking System Policy — Joe Gustafson, Traffic Engineer 8. 10:15 General Administration — Molly O'Rourke, County Administrator Approval of First Amendment to Agreement between Washington County and Stillwater Township for the Acquisition and Conveyance of Land for Park Purposes — June Mathiowetz, Senior Planner 9. 10:25 Commissioner Reports — Comments — Questions This period of time shall beused by the Commissioners to report to thefull Boatel 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. 10. Board Correspondence 11. 10:40 Executive (Closed Session) with Public Works — Sharon Price, Property Manager Review Counter Offer Proposal for 1446 Lake Elmo Avenue North (Weeks) for Inclusion into the Lake Elmo Park Reserve 12. 10:50 Adjourn 13. 10:55 — 11:25 Board Workshop with Administration — Amanda Hollis, Senior Planner Update on Performance Measurement Progress Meetings 14. 11:30 — 11:55 Board Workshop with Administration — June Mathiowetz, Senior Planner Review Request from Trust for Public Land for County Land and Water Legacy Program Participation in a Project Located in the City of Lake Elmo BOARD AGENDA JULY 21, 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 12:00 Finance Committee Assistive listening devices are available for use in the County Board Room EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * JULY 21, 2015 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY Administration Community Services Property Records & Taxpayer Services Public Health & Environment Public Works ITEM A. Approval of July 7, 2015 County Board Meeting minutes. B. Approval of the Community Development Block Grant Cooperations Agreement between Washington County and the Town of Grey Cloud Island, and the Resolution authorizing the County Board Chair and County Administrator to sign the Cooperation Agreement. C. Approval of a Temporary On -Sale Liquor License for the VFW Post 323 for a special event at the Washington County Fairgrounds. D. Approval of a grant agreement and authorization for the County Administrator and Board Chair to enter into agreement with the Minnesota Department of Health related to public health emergency preparedness and the Cities Readiness Initiative in the amount of $189,275. E. Approval of resolution authorizing the Parks Division to conduct a deer harvest in the Lake Elmo Park Reserve. F. Approval of resolution authorizing final payment in the amount of $18,121.75 to G.F. Jedlicki, Inc. for the County State Aid Highway 21 slope stability project. G. Approval to participate in Metropolitan Council's Request for Proposals for Community Solar Garden Subscription Agreement. Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Assistive listening devices are available for use in the County Board Room If vein n<Pcasssfanen lannuann harrier nlaa<P call [RAJ IA vn.nnnn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Summary of Proceedings Washington County Board of Commissioners July 7, 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 Christian Cupboard in Woodbury, which provides food support for needy households, has been going through strategic planning. They will be having a meeting this afternoon, July 7th, at the Woodbury Lutheran Church, lower level. They have invited Commissioner Weik and Washington County Community Services staff to the meeting. She will be attending the National Association of Counties (NACo) annual conference in Charlotte, North Carolina, from July 10th — 13th, and will not be returning until Tuesday, July 14th, so she will miss the July 14th County Board Meeting; - Commissioner Bigham — reported that she will also be attending the National Association of Counties (NACo) annual conference in Charlotte, North Carolina, from July 10th - 13th, and will not be returning until Tuesday, July 14th, so she will miss the July 14th County Board Meeting. She noted that the Metro Alliance for Healthy Families, a family home visiting program, was nationally accredited by the Healthy Families America. She reported that the Newport Library express lockers have been moved from the Newport City Hall to the Newport Transit Station. She stated that it is a good consolidation of transit and library services. As Chair of the Red Rock Corridor, she met with 3M in Cottage Grove. She reported that they are excited to be a partner with East Metro Strong. A couple of weeks ago in the South Washington County Bulletin, there was a thank you letter to the editor from the Grey Cloud Island Township Board in regards to the Grey Cloud Island Slough. The letter thanked the County Engineer, his staff, and the South Washington County Watershed District for their efforts. She reported that this is another example of how county staff works well with local partners; - Commissioner Miron — reported that he met with a staff representative from Congressmen Emmer's Office. They had the opportunity to talk about some significant issues affecting Washington County, including the Gateway Corridor. He reported that Congressman Emmer was very appreciative to meet with Commissioner Bigham and Commissioner Kriesel in Washington, D.C., and looks forward to a positive working relationship with Washington County. He reported that he attended a Resource Recovery Project Board Executive meeting, and that there is a change in the dates of future meetings. These changes were made to allow staff to continue to work to prepare for the next project board. The meeting schedule changes will be properly noticed to the public; Commissioner Bearth — reported that he will be attending the Metropolitan Energy Policy Coalition, and that the new Chair person is doing well; - Commissioner Kriesel — reported that he wanted to thank Commissioner Weik and Commissioner Bigham for attending the National Association of Counties (NACo) conference for Washington County. Community Services Approval of the following actions: - Whatever It Takes (WIT) grant funding from the Minnesota Department of Human Services; - Resolution No. 2015-100, authorizing Daniel Papin to conduct financial transactions on behalf of Washington County for the County's medical assistance estate collections; - Community Services contract with Liberty Homes, of Woodbury, LLC to provide short-term foster care to individuals working with Washington County Mental Health Case Management; - Approval of a two-year contract between Washington County Community Services, Public Health and Environment, Community Corrections and Betmar Languages, Inc., to provide interpretation services; - Resolution No. 2015-104, agreement with Minnesota Housing Financial Agency for Family Homelessness Prevention and Assistance Program Funds, and acceptance of grant funds; - 7.5 new full time equivalent child protection staff to implement task force on the protection of children recommendations. General Administration Approval of the following actions: - June 2, June 9, and June 16, 2015 County Board Meeting Minutes; - Make appointments/reappointments for committees and commissioners with membership that expire June 30, 2015; - Will Schroeer, Executive Director of East Metro Strong, provided updates on East Metro Strong Activities; - Molly O'Rourke, County Administrator provided update that Washington County is retaining its AAA status from Moody's rating agency; - Molly O'Rourke, County Administrator provided an update from the Audit Committee meeting on June 24, 2015; - Molly O'Rourke, County Administrator provided an update that the county is now managing Trunk Highway 5; - Board correspondence was received and placed on file. Human Resources - Approval of request for a new .50 FTE Evidence Technician Position to add to an existing .50 Evidence Technician vacancy to hire a 1.00 FTE Evidence Technician in the Sheriff's Office. Property Records & Taxpayer Services - Approval of Resolution No. 2015-101, two applications from St. Paul East Park Lions Club to conduct excluded bingo at the Washington County Fairgrounds located in Baytown Township. Public Health & Environment - Approval of contract with Emerge Knowledge Design, Inc., for its Re-TRAC Connect Software for a waste data and grant management information system for the Solid Waste and Recycling Program. Public Works Approval of the following actions: - Amendment #1 extending the use of real property by Midwest Vending to operate and maintain food and beverage machines at the Government Center and outlying office to July 1, 2016, and authorize execution of Amendment #1 with Midwest Vending; - Cost share agreement and a cooperative maintenance agreement with the City of Stillwater for the County State Aid Highway 15 roadway and signal project; - Execute Amendment #3 to contract with HM Cragg; - Resolution No. 2015-103, award bid to Hardrives, Inc., for the North Frontage Road Realignment Project; - Board Workshop to discuss Capital Improvement Program delivery resource needs; - Board Workshop to discuss local match to transitway investment projects. Sheriff's Office - Approval of Resolution No. 2015-102, Joint Powers Agreement between the Washington County Sheriff's Office and State of Minnesota, Commissioner of Corrections, for the housing of offenders in the Washington County Jail. 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. Washington County BOARD AGENDA JULY 14, 2015 - 9:00 A.M. 1. 9:00 Roll Call Pledge of Allegiance Board of Commissioners Fran Miron, District 1 Ted Beartl, District 2 Gary Kriesel,Chair, District 3 Karla Bigharn, District 4 Lisa Weik, District 5 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibilityorfunction of WashingtonCountyGovernment, 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 CountyAdministrator. The County Board Chair will ask you to come to the podium, state your name and city ofresidence, and presentyour comments. Your comments must be addressedexclusivelyto the Board Chair and the full Board ofCommissioners. Conunents 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'spresentation if it becomes redundant, repetitive, overly argumentative, or fit is not relevant to an issue that is part of Washington County'sResponsibilities 3. 9:10 Consent Calendar — Roll Call Vote 4. 9:10 Minnesota Counties Intergovernmental Trust — Jane Hennagir, Risk Management Consultant and Robyn Sykes, Executive Director Minnesota Counties Intergovernmental Trust Annual Report 5. 9:40 Community Corrections — Tom Adkins, Community Corrections Director Resolution — Recognize Pretrial, Probation and Parole Supervision Week 6. 9:50 Public Works — Wayne Sandberg, Public Works Deputy Director Approval of Contract with SRF Consulting Group, Inc. for Design Engineering Services for the County State Aid Highway 13 Pavement Management and Safety Improvement Project 7. 9:55 General Administration — Molly O'Rourke, County Administrator 8. 10:05 Commissioner Reports — Comments — Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interestand information, or raise questions to the staff. Thissction 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. 9. Board Correspondence 10. 10:12 Adjourn 11. 10:25-10:45 Board Workshop with Public Works — Greg Wood, Building Services Director Discuss Information Related to County Solar Energy Options Assistive listening devices are available for use in the County Board Room If „n„ noPri accictanrp duo In rlieah'rt t nr lann ,ane harrier n/soca rail /6511 ,1_3/L6OAn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMRDYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * JULY 14, 2015 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY Administration Public Health & Environment Sheriff's Office ITEM A. Approval of June 23, 2015 County Board Meeting minutes. B. Approval to accept an increase in the current federal Maternal Infant Early Childhood Home Visiting grant that is used to provide evidence based home visiting services to significantly stressed first time families. C. Approval of resolution authorizing Washington County to enter into a Memorandum of Understanding with the American Red Cross to assess American Red Cross emergency shelters. Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Assistive listening devices are available for use in the County Board Room If naafi PedMa"ra duP fa_dicah;rh. nr lannaanP hamar na ran (rill eon_annn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMR➢YER