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Home My WebLink About2016-05-03 CC Packet REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North May 3, 2016 SPECIAL MEETING (Closed) 3:30 P.M. REGULAR MEETING 4:30 P.M. RECESSED MEETING 7:00 P.M. 3:30 P.M. SPECIAL MEETING (Closed) I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. City Administrator Review IV. ADJOURNMENT 4:30 P.M. AGENDA V. CALL TO ORDER VI. ROLL CALL VII. OTHER BUSINESS 2. Discussion of City Hall usage and policy (Resolution – Roll Call) VIII. 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 – Class/Comp Update, Human Resource Manager Introduction XI. ADJOURNMENT TO EXECUTIVE SESSION to discuss pending litigation 7:00 P.M. AGENDA IX. CALL TO ORDER X. ROLL CALL XI. PLEDGE OF ALLEGIANCE XII. APPROVAL OF MINUTES 11. Possible approval of April 19, 2016 regular meeting minutes XIII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 12. Council Service Award – Solveg Peterson and Don Stiff (Park & Recreation); Karen Markowitz and Ann McLellan (Charter); Gim Middleton (Planning) 13. Council Service Award – Watermark Church XIV. 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. XV. 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. 14. Resolution 2016-090, directing payment of bills 15. Resolution 2016-091, approving the 2016 technical services agreement between Washington County Conservation District and the City of Stillwater 16. Possible approval to purchase Dodge Ram 4500 with contractor body and crane – Public Works 17. Resolution 2016-092, approving transfer of tobacco license of Stillwater Tobacco Shop to Northgate, Inc. DBA: Still Tobacco 2 18. Resolution 2016-093, approval of Long Lake Rain Gardens Agreement 19. Resolution 2016-094, reappointing member to Downtown Parking Commission 20. Possible approval of scrivener error correction on Resolution 2016-089. 21. Possible approval of retail fireworks permit – Cub Foods 22. Possible approval of Temporary Liquor License – Fundraiser for St. Croix Kids 23. Possible approval of retail fireworks permit – Target #931 24. Possible approval of resolution approving settlement XVI. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 25. Case 2016-14. This is the date and time for a public hearing to consider a request by Kenneth Heifort, for consideration of a concept Planned Unit Development, Preliminary Plat, and a Zoning Map Amendment for The Ponds at Heifort Hills, a 24-lot residential subdivision to be located at 8753 and 8911 Neal Avenue North, currently located in the AP Zoning District. PID: 2003020220015. Complete property and legal description available upon request. (Resolution – Roll Call) (Hearing is to be opened and tabled) XVII. UNFINISHED BUSINESS XVIII. NEW BUSINESS 26. Possible approval of Lumberjack Days Special Event and Contract 27. Consideration of parking ramp advertising proposal and contract (Resolution – Roll Call) 28. Consideration of Cashman tuk-tuk request 29. Consideration of JX Event Venue parking request 30. Update on Browns Creek Parking Lot 31. Community Development Department State of 2016-17 Project Work Plan 32. Possible approval of Management Plan for Palmer property (Resolution – Roll Call) 33. Possible appointment to Heritage Preservation Commission (Resolution – Roll Call) XIX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XX. COMMUNICATIONS/REQUESTS XXI. COUNCIL REQUEST ITEMS XXII. STAFF REPORTS (CONTINUED) XXIII. ADJOURNMENT n. �({, ^ 1 LD NMI, I o CL LA a' ' n 3 CA ImolfIMMEMS E iy1 c \ cokDImlsom 4 i L to l inn CL 0 31l C - "- t cm 40 a, I v C do a W' c w t— c c ie 0 P . G G. as _ U ,o` 3 E v �... - 20 r -a 0 as o � � � E "' u a ti � c +� u cr . O . -a 0 a =' C c x '� v emu o o ' L i. L W L c / Administration Date: April 22, 2016 TO: Mayor and Council FROM: Tom McCarty, City Administrator Diane Ward, City Clerk SUBJECT: City Facility Meeting Rooms -After Business Hours & Weekends Over the past few months there are have been securi,ty and other concerns th t brings the staff to request consideration of limiting the City's meeting room usage by the public after normal business hours. The reasons consist of the following: • No facilities staff available to monitor entry,' closing and use of City equipment ( computer, projector etc.) after normal business bours. • Security concerns (equipment attempted to be stolen) o Doors propped open or n,ot locked and City Ha1t:.ppe-µto all floors overnight. o People wandering throughout City Hall. • Meetings held without cleanup afterward according to the existing policy. • Availability of Police Department Officers to open and close the building cannot be guaranteed. Due to these security concerns and the other issu~s, staff recommends that the City no longer provide meeting rooms to the general public or organizations (non-governmental) after business hours. Staff would suggest that the public and organizations contact the library for use of their me~ting rooms. The'nbrary has facilities staff available to set up and assist user with equ:JH111ent (if needed) in the evening. ".f( Attached is, a revi'$~,d Meeting Room Policy that limit use for City meeting rooms after normal bu~thess ~~rs and the weekend by the general public. '• RECOMMENDN(IQ,N: ~~:.; ': Staff recommends approval of the policy effective June 1, 2016. ACTION REQUIRED: If Council concurs with the staff recommendation, they adopt a resolution entitled "Approval of Meeting Room Policy for City Facilities. 11 c5liltwater . ......._ ~~, ii-IE l'flTHPLa.Cl 0' MiNNE~OTA J MEETING ROOM USAGE POLICY I. PURPOSE The purpose of this policy is to clarify conditions and terms for use of meeting rooms in Stillwater City facilities during normal business hours (8:00 a.m. -4:30 p.m., Monday - Friday) by non-governmental groups. II. POLICY A. Use of Meeting Rooms 1. The meeting rooms are primarily designed and intended for official local government meetings. Therefore, priority for use of the above rooms will be given to governmental use. 2. The rooms may not be used for purposes that would cause interference whatsoever with Council or other governmental meetings, regular or emergency, scheduled in the building area. 3. If interference could possibly occur, the government function has priority, and other meetings would be immediately canceled. 4. The cancellation privilege shall apply regardless of reservation by non- governmental users. 5. Reservations for use of the meeting rooms should be submitted at least fifteen (15) days in advance of the date desired. 6. All meeting rooms are equipped with tables and chairs. Use of City Hall has WIFI and guests may can use the Guest Login. The use of City equipment (i.e. computer, projector, smart board etc.) shall be coordinated with the IT department one (1) week prior to the requested date by contacting the IT Manager at 651-430-8800. B. Rooms Available. 5/3/2016 Level 1. Level 2. Level 3. Police/Fire Training Room -maximum capacity 43 • Council Chambers with Conference Room 213 - maximum capacity 145 • Council Chamber without Conference Room 213 - maximum capacity 120 • Conference Room 213 -maximum capacity 25 Riverview Room -maximum capacity 10-12 C. Rules and Guidelines 1. Users shall not exceed the maximum number of persons allowed. 2. User shall not allow the consumption or serving of alcohol in the facility. 3. Users shall not allow smoking in the facility. 4. Users shall be fully responsible for the activities and actions of all minors in the facility. 5. Users shall not charge a fee for activities held at the facility. 6. Upon exiting the facility, Users shall: a. Return all furnishings to their original placement. b. Wipe down surfaces of tables and dispose of any trash. c. Turn off all lights. 7. During use of the facility, Users shall be totally responsible for maintaining the condition of the facility. Inspections shall be conducted by City staff. If the condition of the facility is found to be unacceptable, the appropriate amount shall be billed to the User and may affect the Users ability to utilize the facility in the future. 8. An Agreement/ Application form shall be signed by the User's representative prior to use. 9. Users will not leave any of their own furniture or equipment in any of the meeting rooms. III. PARKING It is recommended that attendees park in the lot behind City Hall, but not across from the police department garages. THE CITY IS NOT RESPONSIBLE FOR ANY LOST OR STOLEN PROPERTY. 5/3/2016 RESOLUTION 2016-090 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 $358,576.03 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 3rd day of May, 2016. Ted Kozlowski, Mayor ATTEST : Diane F. Ward, City Clerk EXHIBIT "A" TO RESOLUTION #2016-090 Page 1 LIST OF BILLS lST Line/Leewes Ventures LLC Popcorn 376.95 30 Specialties Inc. Panels and Sidewalk Closed 1,963.88 Action Rental Inc. Equipment rental 190.00 Advanced Graphix Inc. Frosted window patch 66.00 American Planning Association Membership 370.00 Ancom Technical Center Equipment repair supplies 12.00 Aspen Equipment Company Jem Cyl lOGPM S 1,802 .51 Aspen Mills Uniforms 849.07 Bernicks Beverages for concessions 171.60 Bryan Rock Products Inc. Red Ball Diamond Agg 690.83 Carquest Auto Parts Auto parts and supplies 101.54 CDW Government Inc. Ink cartridge 36.95 Century Link Telephone 41 .00 Comcast TV Internet & Voice 500.71 County Materials Corporation Storm sewer repairs 775.00 Coverall of the Twin Cities Commercial Cleaning Services 1,772.00 ECM Publishers Publications 384 .43 Environmental Equipment & Services Heavy duty hose 418.99 Far From Normal Supply Supplies 168.94 Fastenal Company Equipment repair supplies 107.28 Fi re Safety U.S.A. Fire boots 565.00 Fleet Pride Equipment repair supplies 88 .22 Fury Stillwater Vehicle service 40 .01 Gannaway John Reimburse for shoes 140.00 Goodyear Commercial Tire Tires 1,454.96 Gopher State One Call Inc . Tickets 66.70 Heritage Embroidery and Design Uniform shirts 199.84 Hugo Equipment Company Chain saw 570.90 Hydro-Klean LLC Clean lift station 2,950.40 Iceman Industries Inc . Ice melt 2,050.00 ICMA Membership Renewals Membership 1,112.00 L.T .G.Power Starter 44.88 Life Safety Systems Annual fire alarm inspection 960 .00 Loffler Companies Computer support & capital projects 20,597 .58 M .J. Raleigh Truck Co . C-5 Recycle 318.04 Mansfield Oil Company Fuel 4,263.43 Menards Supplies 433.72 Mercury Electric Electronic ballast at City Hall 564 .76 Metropolitan Mechanical Contractors Maintenance agreement 2,162 .00 Minnesota Wanner Co . Equipment repair supplies 73.83 Mitchell Ryan Reimburse for off duty gun holster 52 .83 NAPA Auto Parts Auto parts and supplies 89.88 Newman Signs Signs 668.85 Oakdale Rental Center Equipment rental 184.00 Office Depot Office supplies 446.25 EXHIBIT "A" TO RESOLUTION #2016-090 Page 2 O'Reilly Auto Parts Auto parts and suppl ies 273 .25 Otis Elevator Company Elevator contract 4 ,874.16 PLEAA Membership & training 75 .00 Rehn Code Consulting Services Ryan Plan review 3,356 .1 7 Riedell Shoes Inc. Skates 768 .31 River Valley Printing Inc. 2000 Letterhead 188.00 Safe Fast Inc Safety equipment 180.40 Sanders Shawn Reimburse for seminar 100.00 Science Museum of Minnesota Training seminar 139.00 SHI International Corp Cloud storage 18,000.00 St . Croix Boat and Packet Co . Ramp clean i ng 1,620.00 Stillwater Medical Group Medical screening 136.00 Stillwater Motor Company Vehicle service 120.55 Stillwater Turf & Power LLC Equipment parts 116.79 T.A. Schifsky and Sons Asphalt 1,011.88 Tessman Seed Co . St . Paul Chemicals 9,660.46 The Retrofit Companies Lamp recycling 252 .05 The is Byron Reimburse for supplies 27 .95 Titan Machinery Shakopee Equipment repair supplies 68 .07 T-Mobile USA GPS locates 4 ,300 .00 Tri -State Bobcat Equipment rental 243 .10 USAble Life Term Life Insurance 436 .80 Valley Trophy Inc . Name plate 20 .50 Verizon Wireless Wireless service 1,527.23 Volunteer Fi r efighters Benefit Annual Renewal Life Insu r ance 1,455 .00 WalMart Community Soda & candy 50 .10 Washington Conservation Distr Shared Educator 625.00 Washington County Recorder Assess 2016 Assessing service fee 102,058 .31 Washington County Taxation Div TIF admin fees 13 ,067 .00 Washington County Property Records Merge 60.00 Washington County Notary fee 20.00 Wet Technology Chemicals 369.39 Wolf Beth Reimburse fo r conference 243.22 WSB & Associates Inc . Professional services 217 .25 Zoll Medical Corp AED 3,208 .02 CREDIT CARDS Active911 Inc Device purchase 481 .75 Admin Arsenal PDQ Inventory mgmt software 450.00 Amazon .com Supplies & equipment 398 .79 Boat Outfitters Starboard plastic sheet 145 .78 City of Burnsville Training course 1,350 .00 Ebay Display port cables 9 .70 GTS Educatio nal Events MCMA Conference 515 .00 Office Depot Copy paper 115.65 Store Supply Wa rehouse Show case 811.94 EXHIBIT "A" TO RESOLUTION #2016-090 Page 3 LIBRARY Baker and Taylor Materials 484 .30 Brodart Co Materials 1,681 .74 Danielson Susie Volunteer Recog Reimbursement 315 .24 Midwest Tape Materials 257.99 Office of MN IT Services Telephone 711.71 Recorded Books Inc Materials 19 .99 Security Response Services Inc Security Monitoring 168 .12 Stillwater Printing Co. Supplies 95 .00 Toshiba Business Solutions Maintenance Contract 78.46 Vasilakes Jody Expense Reimbursement 67.75 LIBRARY CREDIT CARDS Amazon .com Materials 232 .86 American Library Association Supplies 25.00 Book Master Materials 14.30 Dream Host Monthly Website Fee 19 .95 Vista Print.com Supplies 46 .06 APRIL MANUALS Detroit Lakes Fire Dept Conference fees 700 .00 Lowes Home Centers Inc Paint 341.17 Postmaster UB Billing Postage 2,870 .65 Verizon Wireless Police Mobile Broadband 603.25 ADDENDUM Aspen Mills Uniforms 750 .00 Hild i Inc Actuarial disclosures 350.00 Magnuson Law Firm Professional Service 14,614 .33 Moodys Investors Service Bonds 14,500.00 Springsted Bonds 58,554 .29 US Bank Agent Fees 1,700.00 Xcel Energy Library -Energy 4 ,173.87 Xcel Energy Energy 31,154.67 TOTAL 358,576.03 EXH I BIT "A" TO RESOLUT ION #2016-090 Adopted by the City Council this 3rd Day of May , 2016 Page4 Alcohol & Gambling Enforcement Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 444 Cedar Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259 TIY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE Name of organization Date organized Tax exempt number ~ls_t._C_ro_i_x_K_id_s~~~~~~~~~~~~~~~~~~~~~--'I ~IJ_an~l,_1_9_6_9~~~~-----'I _12_7_19_2~~~~~~~~ Address City State Zip Code l_1_1_1_o_rl_e_an_s_S_t_re_e_t_E~~~~~~~~~~~~~~~I _ls_ti_llw_a_t_er~~~~~I _IM_i_nn_e_s_ot_a~~~~I _ls_s_o8_2~~~~ Name of person making application Business phone Home phone _ls_h_ei_la_P_id_d_e~~~~~~~~~~~~~~~~~~~~~I _16_5_1-_43_9_-2_2_7_9~~~~11 ~6-5-1--2-83---6-34-0~~~~-, Date set ups will be sold Type of organization I C)lif\_.Q c2, o2Dtl..t D Club D Charitable D Religious i:gJ Other non-profit Organization officer's name City State Zip ~ _x __ ~IM_a_t_tv_a_1_ek~~~~~~~~~~~~~~~~~~ls_ti_ll_w_at_e_r~~~~~---'11_M_i_n_ne_s_o_ta~~~~ll_s_so_s_2~~~~~ Add New Officer Location where permit will be used. If an outdoor area, describe. Parking lot of St. Croix Kids If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITIING TO ALCOHOL AND GAMBLING ENFORCEMENT ~II#~ Date Approved City Fee Amou __5"-Z:.-~()/to Permit Date Date Fee Paid Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and /or county to the address above . If the appl ication is approved the Alcohol and Gambl i ng Enforcement Division will return this application to be used as the permit for the event. Page 1 of 1 · !water TNf IIIITH,LACE OF MUINEIOTA APPL/CATION FOR SALE OF FIREWORKS APPLICATION MUST BE SUBMITTED 45 DAYS PRIOR TO STARTING DATE OF SALE REQUIRES CITY COUNCIL APPROVAL & INSPECTION BY THE FIRE DEPARTMENT Name of Applicant. __ T_A_R_G_E_T_#_93_1 __________________________ _ Home Address _________________________________ _ Name of Business __ T_A_RG_E_T_#_9_3_1 __________________________ _ Business Address 2021 MARKET DRIVE , STILLWATER MN, 55082 Corporate Address (if different than business address) ___________________ _ Telephone (Business):-------------Home Phone ____________ _ Beginning Date of Sale: UPON APPROVAL End Date of Sale: 7/9/2016 Hours of Operation : ___ _ Location of Display INSIDE THE STORE@ TARGET #931 REQUIRED ATTACHMENTS: The following attachments must be included with this application: 1. Permit Fee -$100 .00 2 . Proof of bond or certificate of insurance in an amount of not less than $1 ,000 ,000 .00 showing the City of Stillwater as an additional insured. 3. A diagram of the grounds or facilities (for indoor sales) drawn to scale or with dimensions included . Signature of Applicant (or agent) Make Check or Money Order payable to the CITY OF STILLWATER and return to the OFFICE OF THE CITY CLERK, 216 N. 4TH ST, STILLWATER , MN 55084 FOR OFFICE USE ONLY The sale of the listed fireworks at the location shown on this application is hereby approved, subject to the following conditions if any: Signature of Fire Chief: __________________ Date: __________ _ The sale of the listed fireworks on the date and at the location shown on this application is hereby approved subject to the following conditions if any: Signature of Police Chief: _________________ Date : __________ _ The sale of the listed fireworks at the location shown on this application is hereby approved, subject to the following conditions if any: Signature of City Clerk: ___________________ Date: __________ _ Approval Date of Stillwater City Council:------------ Permit No .: _______________________ _ TNT® FIREWORKS Site Plan Worksheet ADDRESS 20 2. I MaY ke t tr 1,v-e c1TY Sh llwcd& STATE MN z1P PHONE ld5l-43 CJ-D2PJ2- sToRE NAME I LOCATION# ·jarwf ,~}h )\m_k y 1-0C\3 j TYPE OF EVENT: In-store sales of state-approved fireworks NORTH ..J,-SOUTH SPECIAL INSTURCTIONS _______________________ _ SIGNATURE l,f'()~ ~ ---~ MANAGE TNT ® Representative ACORD® CERTIFICATE OF LIABILITY INSURANCE I 1/1/2016 I DATE (MM/DDIYYYY) ~ 3/9/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies CONTACT NAME: 3280 Peachtree Road NE, Suite #250 PHONE I FAX IA/C 1Jn Ext\: IA/C Nol: Atlanta GA 30305 E·MAIL (404) 460-3600 ADDRESS : INSURER(S) AFFORDING COVERAGE NAIC# INSURER A : Everest Indemnitv Insurance Comoanv 10851 INSURED American Promotional Events, Inc . INSURERS : 1359629 DBA TNT Fireworks, Inc. INSURERC : P.O. Box 1318 INSURERD : 4511 Helton Drive INSURER E : Florence AL 35630 INSURER F: COVERAGES CERTIFICATE NUMBER· 12292513 REVISION NUMBER· xxxxxxx THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE '"'~" wvn POLICY NUMBER IMM/DD/YYYY\ IMM/DD/YYYY\ LIMITS A x COMMERCIAL GENERAL LIABILITY N N SI8GL00242-151 11/1 /2015 11/1 /2016 EACH OCCURRENCE $ 1000000 f----D CLAIMS-MADE [iJ OCCUR DAMAGE TO RENTED PREMISES IEa occurrence\ $ 500 000 f---- MED EXP (Any one person) $ 5 000 f---- PERSONAL & ADV INJURY $ 1000000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2 000 000 Fl D PRO-[x] LOC PRODUCTS -COMP /OP AGG $ 2 000 000 POLICY JECT OTHER: $ AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED SINGLE LIMIT $ xxxxxxx IEa accident) f---- ANY AUTO BODILY INJURY (Per person) $ xxxxxxx -ALL OWNED ~ SCHEDULED AUTOS AUTOS BODILY INJURY (Per accidenl) $ xxxxxxx -f---- NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS IPer accident\ $ xxxxxxx -f---- $ xxxxxxx UMBRELLA LIAB H OCCUR NOT APPLICABLE EACH OCCURRENCE $ xxxxxxx - EXCESS LIAB CLAIMS-MADE AGGREGATE $ xxxxxxx OED I I RETENTION $ $ xxxxxxx WORKERS COMPENSATION NOT APPLICABLE I PER I I OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ xxxxxxx OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ xxxxxxx If yes, describe under E.L. DISEASE -POLICY LIMIT $ xxxxxxx DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101 , Additional Remarks Schedule, may be attached if more space is required) THIS CERTIFIC ATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLD ER, APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S) REFERENCE D. Certificate holder is an additional insured on the General Liability as required by written contract subject to policy tenns, conditions, and exclusions. CERTIFICATE HOLDER 12292513 TARGET 0931 CITY OF STILLWATER 2021 MARKET DRIVE STILLWATER MN 55082 ACORD 25 (2014/01) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. All rights reserved. The ACORD name and logo are registered marks of ACORD <83-02118103> 83-02118103 -REPRINT -TNT FIREWORKS PACK LIST -REPRINT - 21367 Chain Store Sales-Indiana Terms: Net 60 Days SCAC: PRO #: SHIPMENT NBR: 107694 Sold To: 1410006 Order#: 2118103-S3 -00002 Order Date: 2/18/16 CUST PO: SLSMN: Chain Stores -East TARGET -CORPORATE 00001 PO BOX 1296 Ship To: 1042552 -TAR0931 TARGET 0931 2021 MARKET DRIVE STILLWATER, MN 55082 MINNEAPOLIS, MN 55440 Desc/Case Packing *************************** LIGHTNING BLAST SS AM BOX J13 12/1 MEGA STORM USA SS AM BOX Jl3 8/1 STORM SHOCK USA PDQ SS JlO 24/1 THUNDER BOOM USA SS Jl2 WO PD 10/1 *************************** BULLSEYE 8/1 TRIPLE PAK FOUNTAIN -COM 5/3 *************************** 2 PAK SNAP 4 PDQS Jl4 4/40/2/50 *************************** SMOKE BALLS BOX OF 8 J12 4/24/8 *************************** #20 NEON SPARKLERS Jll 48/7 #8 SPARKLERS ASST 2 PDQS Jl4 2/42/6/5 *************************** Item CP # Assortments 102309 009130059 102310 009130056 102023 009130248 102024B 009130249 Base Fountains 201082 009130134 200505 009130004 Novelties 320516J 009130104 Smoke 351052 009130046 Sparklers 380266 009130123 380247A 009130103 Promotional Supplies SIGN -NFPA SM FRWKS NO SMOKIN 730644E 1/1 WATER CAN EXTINGUISHER 730148 1/1 27736035038 Selling Units Suggested Sell Price *********************** 36 EA 29.9900 16 EA 49.9900 72 EA 9.9900 30 EA 19.9900 *********************** 8 EA 14. 9900 10 PK 21.9900 *********************** 960 EA 1.0000 *********************** 288 EA 2.0000 *********************** 144 EA 5.0000 420 EA 2.0000 *********************** 2 EA 0.0000 2 EA 0 .0000 Page No 1 -REPRINT -TNT FIREWORKS PACK LIST -REPRINT - Order#: 2118103-83-00002 Desc/Case Packing DECLARATION OF COMPLIANCE Item CP # Case Totals: Total Pallets: Total Repack Cases: Selling Units 33 cs PL ------ cs ------ Suggested Sell Price American Promotional Events, Inc., dba TNT Fireworks, certifies that all consumer fireworks identified on this invoice have been tested by the American Fireworks Standards Laboratory and found to conform with all applicable regulations, standards and bans enforced by the U .S. Consumer Product Safety Commission. Testing and certification for these items complies with rules, standards and bans applicable to consumer fireworks: Performance Standards 16 CFR 1500.17(a) (9) 16 CFR 1500.17(a) (11) 16 CFR 1500 .17 (a) (12) 16 CFR 1507 Powder Content Bans 16 CFR 1500.17(a) (3) 16 CFR 1500.17(a) (8) 16 CFR 1500. 85 (a) (2) Cautionary Labeling 16 CFR 1500 .14 (b) (7) 16 CFR 1500. 83 (a) (27) Contact information for laboratory that performed conformity testing. American Fireworks Standards Laboratory (AFSL) 7316 Wisconsin Avenue, Suite 214 Bethesda, MD 20814 301-907-9115 afslhq@afsl.org CONTACT INFORMATION FOR INDIVIDUAL MAINTAINING RECORDS ON WHICH DECLARATION IS BASED: NAME: Kathie Pendergrass ADDRESS: 4511 Helton Drive Florence, Alabama 35630 TELEPHONE: 256-764-6131 FAX: 256-767-7200 E-MAIL: pendergrassk@tntfireworks.com. www.tntfireworks.com *** ATTENTION TARGET STORE*** For all information on TNT Program go on your workbench under keyword "FIREWORKS''. Call 800-243-1189 if you need further assistance. Page No 2 <83-02118103> <> 83-02118103 TNT Fireworks Bill of Lading -REPRINT SCAC: PRO#: Shipment#: 107694 Shipper: 22067 TNT WAREHOUSE -MARION, IN 912 E 24TH STREET Sales Assoc: Chain Stores -East Cust PO#: Building #18 MARION, IN 46953 WLSL Lie#: Sold To: 1410006 TARGET -CORPORATE 00001 PO BOX 1296 MINNEAPOLIS, MN 55440 Prepaid Shipment Charges Bill To: TNT Fireworks C/0 Transportation Insight PO Box 23000 Hickory, NC 28603 Order#: 02118103 RBU: 21367 Transfer : Ship To: 1042552 TARGET 0931 2021 MARKET DRIVE STILLWATER, MN 55082 SFM #: Phone#: 651-439-0292 ****** DELIVER ON OR AFTER DATE: 4/25/16 ****** ******************************************************************************** Emergency Response Nbr: (800)255-3924 Payment Terms: Net 60 Days Contract Number: MIS0006877 ******************************************************************************** HM Description of Articles Weight Shipping # of Cases Class Pieces x UN0336, FIREWORKS 1. 4G, PG II 455 LBS 85 14 [X] MISCELLANEOUS 44 LBS 85 2 [X] NOVELTIES -NMFC 56290-4 319 LBS 150 17 [X] Totals: 818 LBS 33 ******************************************************************************** Net Explosive Mass: 114 LBS ******************************************************************************** Checked By: Received By: Received Date: Delivered By: Placards Tendered By: Page No 1- MATERIAL SAFETY DAT A SHEET -Consumer Fireworks SECTION 1 -IDENTITY: Consumer Fireworks at Retail Locations Importer's Name American Promotiona l Events/INT Fireworks Emergency Telephone Normal Business Hours -800-243-1189 Number After Hours -ChemTel -800-255-3924 Address Corporate Office 4511 Helton Dr. Florence, AL 35630 SECTION 2 -Hazardous Ingredients/Identity Information Consumer fireworks contain various mixtures of oxidizers and fuels, and are designed to bum and produce visible and audible effects when they are caused to ignite by a user. The oxidizers include potassium nitrate, strontium nitrate and potassium perchlorate . Fuels include charcoal, sulfur, starc h, and aluminum . All chemical composition is contained within the device, and there should be minimal-to-no exposure to the chemicals under normal conditions of handling of the type typically in vo lved in retail sales operations. The chemical mixtures are stable to temperatures up to at least 250 °F , and no ignition of these devices should occur during normal handling, transportation , movement, and storage. A match or other flame or heat source is required to ignite the fuse on the devices in order to cause the devices to operate. SECTION 3-PHYSICAL/CHEMICAL CHARACTERISTICS Boiling Point NIA Specific Gravity (H20= 1) NIA Vapor Pressure (mm Hg) NIA Melting Point NIA Vapor Density (AIR=l) NIA Evaporation Rate (Butyl Acetate= 1) NIA -All solids Solubility in Water: slight Appearance and Odor: All chemical composition is contained inside a cardboard or other container SECTION 4-FIRE AND EXPLOSION HAZARD DATA Flash Point (Method Used) Ignition temperature exceeds 250°F Flammable Limits NI A -no vapor present LEL N I A I UEL N I A I Extinguishing Media Water Special Fire Fighting Procedures : Evacuate the area if a fire reaches the fireworks and they begin to bum vigorously. Allow sprinklers to function , if present-they should control the fire. Otherwise, evacuate the area and await arrival of fire fighters . Unusual Fire and Explosion Hazards -Suffocation methods should not be used -the devices contain their own oxygen . Use a strong water flow instead. A fire that has reached consumer fireworks may produce substantial smoke as well as flame , sparks, and burning projectiles . Once consumer fireworks begin burning, all persons must immediately evacuate the area. Only fire fighters wearing appropriate safety equipment should ever consider approaching an area where consumer fireworks are on fire. Remote firefighting methods should be use whenever possible. Where conditions pennit, it may be advisable to allow the fireworks to burn to completion -this will greatly simplify clean-up efforts. SECTION 5-REACTIVITY DATA Stability I Unstable I Conditions to Avoid: Open flames, hot surfaces, I Stable x I rough handling Incompatibility (Materials to A void) none Hazardous Decomposition or Byproducts Considerable smoke may be produced in a fire Hazardous I May Occur I Conditions to Avoid : N I A Polymerization I WiJI Not Occur x I SECTION 6 -HEALTH HAZARD DATA Routes of Entry Inhalation N I Skin N I Ingestion N Health Hazard s Health hazards should be minimal -all chemical composition is contained (Acute and Chronic) inside sealed devices. If leakage occurs and contact with skin occurs, be sure to wash hands promptly, and before eating or drinking. Carcinogenicity NTP N I A I IARC Monographs N I A I OSHA Regulated N I A Signs and Symptoms N I A of Exposure Medical Conditions None, except in case of fire . Smoke exposure is then the greatest possible Generally Aggravated concern (in addition to fire). by Exposure Emergency and First Evacuate area if a fire reaches the fireworks. If smoke inhalation occurs, remove Aid Procedures persons to fresh air and contact emergency medical services SECTION 7 -PRECAUTI ONS FOR SAFE HANDLING AND USE Steps to Be Taken in Cautiously pick up the spilled devices and place them in a marked container. Case Material is Contact your American Promotional/TNT representative for removal Released or SpiJled instructions . Waste Disposal Method Contact your American Promotional/TNT representative for disposal information. Precautions to Be Taken A void extreme temperatures, open flame and sparks , and rough handling in Handling and Storing Other Precautions Intentional misusel mischiefposes the greatest concern with these devices in a retail setting. Monitor the fireworks di splay area on an ongoing basis , and keep young children, intoxicated persons, and any time of open flame out of the fireworks area. No smoking is ever permitted near fireworks . SECTION 8 -CONTROL MEASURES Respiratory Protection (Specify Type) NI A -no vapor or dust exposure with intact items Ventilation I Local Exhaust N IA Special NIA I Mechanical (General) NIA Other NIA Protective Gloves -not required for retail sales Eve Protection NI A Other Protective Clothing/Equipment -none required for retail sales Work/Hygienic Practices -wash hands after handling fireworks and before eating or drinking 2 TO: Mayor & City Council FROM: Tom McCarty, City Administrator REVIEWERS: Dave Magnuson, City Attorney; John Gannaway, Police Chief; Stu Glaser, Fire Chief; Shawn Sanders, Public Works Director; Bill Turnblad, Community Development Director; Diane Ward, City Clerk; Sharon Harrison, Finance Director DATE: April 29, 2016 RE: 2016 LUMBERJACK DAYS AGREEMENT BACKGROUND The Locals and City staff have come to agreement on a contract for the 2016 Lumberjack Days (formerly Log Jam) event. The proposed agreement reflects experience gained by The Locals and the City during the Log Jam’s 2014 and 2015 years and incorporates use of the Lumberjack Days name and logo pursuant to Addendum #2 to the original Log Jam Agreement as approved by the City Council on October 20, 2015. COMMENTS The primary contract changes are: 1. Financial Assurances a. Payment of City Costs i. In 2014 a $20,000 deposit was required and the actual amount paid for City public safety services totaled $23,736.84. ii. In 2015, this provision of the contract was changed to require that a deposit amount would have to be agreed upon and approved by the City Council by May 1. The deposit amount for 2015 was $22,000.00 and the actual amount for City public safety services was $13,800.00. iii. For the 2016 contract, language has been modified to require a deposit equal to the previous year’s actual cost plus 10%. Following the event, actual public safety costs will be reconciled against the deposit. April 29, 2016 Page 2 2. Date Changes – Due dates within the agreement are changed to June 1, 2016. 3. Insurance – The liability insurance coverage amount has been increased to $2,000,000 at the recommendation of the League of Minnesota Cities Insurance Trust. 4. Term of Agreement - The term of the agreement is for one year – 2016. 5. Incorporation of Previous Addenda to the Agreement – Added a section to incorporate by reference previous Addenda to the Agreement. The Agreement includes Addendum #2, granting the Locals use of the Lumberjack Days name and logo for the event. a. Schedule of Deadlines - A complete list of major deadlines is once again included as Exhibit A to the contract. REQUEST Staff requests the Council to consider approving the contract. If the Council finds the contract satisfactory, approval would be granted by adopting the attached Resolution. tm Attachments: Contract Resolution of Approval A RESOLUTION APPROVING 2016 LUMBERJACK DAYS AGREEMENT BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the agreement between The Locals and the City of Stillwater for the 2016 Lumberjack Days (formerly Log Jam Days), as on file with the City Clerk, is approved with the following conditions: 1. Prior to June 1, 2016 The Locals will provide the City with a deposit amount for City Public Safety services as established in the Agreement. 2. In addition to any deadlines specifically included in the agreement, adherence to the attached schedule of deadlines is also required. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor to sign the agreement. Adopted by Stillwater City Council this 3rd day of May, 2016. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk STILLWATER LUMBERJACK DAYS AGREEMENT This Agreement between the City of Stillwater, Washington County, Minnesota (“City”), and the Stillwater Lumberjack Days (formerly known as Log Jam) Celebration of 2016, part of a community wide celebration (the “Celebration”); (LOCALS,) a Minnesota non–profit and federally certified 501C3 organization (“Association”). Whereby the Association has appointed an Independent Contractor to Manage and Stage the Celebration according to the terms of this Agreement. 1. Celebrations. The City has encouraged community wide celebrations in order to foster and promote tourism within the City of Stillwater and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City. The Stillwater Lumberjack Days (formerly known as Log Jam) Celebration will be held during the last half of July of each year as determined by agreement between the Association and the City. 2. Management. The LOCALS must appoint an individual to represent their entity in dealings with the City regarding the Celebration. This individual must be given authority to bind the organization to agreements made with the City, to receive notice of any kind including routine or emergency notices that when received by the individual will be considered given to the Association. The notice may be given by email, in person, by telephone or by U.S. Mail. The email address, cell phone number and mailing address of this representative must be given to the City within 30 days of the execution of this Agreement and kept continuously current from January 1st of each calendar year until August 1st. Failure to provide this representative or to keep the representative’s contact information current are grounds for cancelation of this Agreement and all rights to conduct the Celebration. (a) Site Plan. The Association must prepare an overall site plan for the Celebration that depicts the location of fencing, vendors, exits and any areas with the City, such as parks or parking lots that are proposed for use by the Association for the Celebration and related use. Further the Association must also submit a City Event Permit with application fee and an overall Celebration Concept Plan that describes each element of the Celebration, including water races, parades, fireworks that are planned. The Concept Plan and Event Permit application must be submitted by April 1st of each year. (b) Event Coordinator. Further, the primary City contact will be the City Administrator or the person designated as Event Coordinator (Event Coordinator). The Association pledges to work with this person regarding Event Planning and the fulfillment of the conditions contained in this Agreement. (c) Status Report. Beginning 30 days after the execution of the Agreement, and each 30 days thereafter, the Association must provide to the Event Coordinator a status report, that must include the sources (should the source elect to be identified) and amount of paid sponsorships, the nature and extent of any contractual agreements made with third parties, nature and extent of any credit extended by third parties to 2 the association or to others for the benefit of the Association, and any other status information reasonably required by the Event Coordinator. (d) Background Investigations. The Board of Directors of the Association or any Managers hired by the Association for purposes of planning or conducting the Celebration must consent to and allow the City to conduct basic criminal background investigations. (e) Primary Contact. A current phone number for the Primary Contact must be provided to the City and also placed on the main page of the Event’s Website and public inquires invited. 3. Stillwater Lumberjack Days (formerly known as Log Jam) Crowd Management. (a) Police and Firefighters. The Association will contribute to the cost of providing uniformed, licensed peace officers and fire firefighters that are specifically scheduled for the events associated with the Celebration. The contribution level for Police and Fire Fighters is established by the City Administrator. The amount must be paid on or before June 1st of each year. (b) Security Officers. The Association will provide, at no cost to the City, privately paid professional uniformed security officers equipped with radios. All security officers will be suitably identifiable. The number and deployment of the Security force must be approved in writing by the Stillwater Police Chief. (c) Trail. The bicycle and pedestrian trail from Laurel Street to Myrtle Street must remain open to the public and unobstructed during the Event unless approved by City Staff. (d) Repairs. The Association must restore and repair any areas of a Park or Parking Lot that are damaged by vehicles or people associated with the Celebration. City Staff will do a walk-through of venue with The Locals and identify and document any damage before event. Both parties will sign off and reevaluate after the event. (e) Remote Parking. The Association will work with City Staff to explore the feasibility of a remote parking and shuttle plan for the Celebration. (f) Ticket Sales. In order to defray costs associated with the Celebration, the Association is authorized to establish and implement a park access fee or access ticket charge for Friday and Saturday evenings of the events. Further, no charge will be made or ticket required for access to the area south of the Bridge, to members of the Association work force, public safety personnel, or to other persons not considered members of the general public, nor will any charge be made for the daytime shows or events. 4. Race and Parade Management. Prior to June 1st, the organizers must submit and have approved a Management Plan for any races or parades proposed to be held during the Celebration. The Plan must describe the start and finish lines and the proposed route. A plan for 3 parking control, a plan for traffic control, barricade placement and street closure, a plan for water stop and first aid stations, an emergency plan, a plan for the provision of portable toilets, barricade placement, trash collection, and pickup, a schedule for any required provision of City services including Police, Fire, Public Works and electricity and water/services. 5. Stillwater Lumberjack Days (formerly known as Log Jam) Liquor Control. (a) The Association. (LOCALS) has been granted conceptual authority to dispense intoxicating Liquor at the Stillwater Lumberjack Days Celebration. This approval is subject to the Association applying for and being granted a Temporary Liquor License and Consumption Permit as allowed by the Stillwater City Code and State Law. All Licenses must be approved and proof of Liquor Liability Insurance Coverage must be submitted to the City Clerk by June 1st. This Agreement will set forth the terms and conditions that will control the dispensing of Liquor at the Celebration. (b) The Area. The area where dispensing will be permitted is the area by the Association described on the overall site map as submitted and approved by the City (the Area). The Association is also allowed use of Lowell Park south of the Lift Bridge and north of Nelson Street, however, no alcohol may be dispensed in the area south of the Bridge. (c) Fencing. The Area must be securely fenced. The fencing must be adequate to insure that alcohol sales and consumption remain inside the fence. For the purposes of a Beer Garden, double bicycle fencing is approved. A breach of the fence is grounds for the Police Chief to terminate all alcohol sales in the area. The adequacy of exiting in the fence must comply with the Minnesota Fire Code as administered by the City Fire Chief. (d) Exits. For the purpose of this plan, all Entry/Exit gates to the park must be controlled by security personnel while alcohol is being served. At each of these entry/exit points, a paid professional security guard must be in place to insure that no beer or Liquor enter or leave the park area. (e) Signage. Signage will be prominently displayed at each entry/exit point to notify guests that no Liquor/beer will be allowed in or out of the area. (f) Bracelets. Private paid security officers will roam the Area checking to ensure that each beer drinker is wearing a Stillwater Lumberjack Days 2016 beer drinking bracelet. Signs will be displayed throughout the area notifying guests that they must be wearing a beer drinking bracelet to be drinking a beer. (g) Identification Bracelets. The Association will provide at no charge liquor identification bracelets at location(s) as required by Public Safety Staff. The Association will permit no one to consume Liquor unless they are wearing an identification bracelet. The Association will be responsible for the issuance of bracelets and that the bracelets are given only to those who are legally entitled to 4 consume Liquor. The Association will direct its private security forces to give extra attention to enforcing the bracelet requirements and to crack down on abuses. (h) No Other Alcohol or Coolers. No Liquor is allowed in the Area except that Liquor which is sold by the Association. The Association is responsible to see that no other Liquor is brought into the Area. Bottles, containers or coolers brought into the Area, are subject to search. (i) Compliance Program. Prior to June 1st the Association must develop a complete management policy or program regarding all aspects of alcohol compliance, including the problem of the under–aged consumer, sales after hours, sales off the premises in open containers, over–serving and the recognition of false identification. The City Police Chief must approve the policy before implementation. The Association must train all alcohol servers with regard to the policy, including instruction by a professional recognized in the area of alcohol awareness before the opening date of the Celebration. (j) Compliance Inspection. The Association acknowledges that as a liquor license holder for the Celebration, it is subject to Stillwater City Code §43–8, which authorizes that all premises from which intoxicating Liquor is offered at on–sale, are subject to inspection for alcohol compliance by any police officer, health officer, or other designated officer or employee of the City during all hours the Area is open for the serving of alcohol. 6. Insurance. The Association must provide to the City satisfactory proof that it has obtained liability insurance that names the Association and the City as an additional insured, as loss payees, in an amount of at least $2,000,000.00 combined single limit, for loss sustained by either acts or occurrences that arise from or grow out of both Celebrations, and Liquor Liability coverage as described in Minn. Stat. §340A.409, evidenced at a minimum, the coverage described in Minn. Stat. §340A.409, subd. 1 with regard to Stillwater Log Jam. 7. Assurances. Prior to June 1st the Association must provide assurances to the City: (1) that the Association will complete the contract according to its terms, and pay to the City all costs and charges that may accrue on account of completing the Celebration, and provide a deposit in the amount $13,800.00 (2015 actual Public Safety costs), plus 10%; and (2) if The Locals do not meet their contractual and other obligations to private parties and public agencies, the City will consider that grounds for cancellation of this Agreement for 2016. 8. Sales Tax. The Association must obtain a State Tax Payer Identification Number and collect any sales or use taxes that are due according to law. 9. Noise Control. The Association is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 5 10. Hours of Operation. Liquor sales will cease 15 minutes before the last band finishes playing, but in no event after the times set forth as follows: Friday, 11:15 p.m.; Saturday, 11:15 p.m.; and Sunday, 9:45 p.m. 11. Public Information. As soon as practicable after furnishing the main schedule, the Association will publish and widely distribute a schedule of events. After the Celebration closes, the Association will prepare a press release describing the charities that benefit from the Celebration. 12. Police Power. With regard to Celebration the City reserves the right to order a shut down of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. In that event, the Association will cease dispensing Liquor and must assist the police in the clearing of the Area. The park will be closed at midnight. 13. Exclusive Use of Parks. In return for the exclusive use of the City Parks as identified on the approved overall site plan and/or Event Maps, the Association hereby agrees to the following: (a) Damage Deposit. The Association will pay a damage deposit of $750 and a user’s fee of $500 to be paid at the signing of this Agreement for each of the Parks. The damage deposit of $750 will be refunded no later than 30 days after event, in whole or in part, if not needed to repair damage, as determined by the City of Stillwater Public Works Director. (b) Dumpsters. The Association must furnish dumpsters or roll–off boxes according to a plan approved by Public Works Staff in sufficient quantity to contain the accumulation of trash generated by the Celebration and must ensure that all trash or garbage is collected and hauled away daily in the Event areas. Dumpsters and trash receptacles in the Event Areas must be picked up and empty each day during the Celebration. The Event Coordinator may amend the plan and require additional dumpsters or trash receptacles if the need arises. (c) Traffic Control. To ensure traffic and pedestrian control the Association must place standard reflective barricades according to a plan approved by the Public Works Director or his designee. Barricades may be supplied by the Association, or by the City. Charges for the City supply of barricades are set forth in the current City Fee Schedule. (d) Electricity and City Water. Existing electrical boxes will be opened by the City and access allowed according to the current City Fee Schedule. If access to water main or hydrants is required, the Association must make arrangements with the City Water Department and must pay related Water Department fees. (e) Restrooms. The Association must furnish portable restrooms to facilitate expected crowds in a number approved by Public Works. Additional portable restrooms must be provided by the Association if deemed necessary to protect public health as determined by the Event Coordinator. City Public Restrooms on the Pedestrian 6 Walkway and the South end of Lowell Park will remain open during the Celebration and the City will supply and equip both restrooms, however, the Association will be responsible for maintaining, cleaning, staffing and security and supervision for both restrooms. If the Association elects not to provide these services it must notify the City at least two weeks prior to the event, and in that event, the Association will bear the City costs associated with this work. (f) Irrigation System in Park Property. Lowell Park is maintained by a buried irrigation system. This system is easily damaged by stakes or posts that are driven into the ground or by equipment and vehicles running over irrigation heads. For that reason, stakes or posts longer than 12 inches and more than a quarter inch in diameter may not be used in the Park. (g) Grey Water. The Association agrees to ensure that all vendors’ waste water be discharged into a holding tank approved by Washington County Health Department. Vendors without an approved holding tank must discharge into grey water barrels provided by the Association. Disposal costs are the responsibility of the Association. Grey water barrels or holding tanks shall not be disposed into the City’s sanitary or storm sewers, for any reason. (h) Use of City Parking Lots. The City prefers the Association to stage the event in Lowell Park rather than in public parking lots. If Lowell Park is not flooded and is not recovering from flood waters, then it should be the primary event venue. Use of public parking lots will be approved only as an alternate or if sufficient space does not exist in the Park to accommodate all event activities. If in the opinion of the City, public parking lots will be needed, then the preferred lots for use would be Lots 4, 5, 9, 10 and 11. In this event, the City approves, at no cost to the Association, lots 4, 5, 9, 10, and 11. These lots will be available to the Association exclusively from Thursday AM until Monday AM of the Event weekend. Lot 11 will be shared with Public Safety as a staging area. (i) Umbrella Events. By June 1st the Association must submit to the City a complete list of all “umbrella events.” “Umbrella events” are events taking place during the time frame of the Lumberjack Days (formerly known as Log Jam) Festival, and are included in Lumberjack Days (formerly known as Log Jam) Festival promotional materials, but are not directly produced by the Association. 14. Rules for Vendors. (a) Food Vendors. All food vendors must be inspected and approved by Washington County Department of Health and the Stillwater Fire Department and the State Electrical Inspector prior to beginning operation. The Association must provide a complete list of all vendors to each of these agencies at least two weeks prior to the event. (b) No Camping. No camping in tents, trailers or campers is allowed in the Downtown during the events. 7 15. Damage to Parks, Paved Trails and Parking Lots. All damage to parks, paved trails, or parking lots must be repaired at the expense of the Association whether caused by the Association or its vendors. The City will deduct the cost of repair from Association Deposit, however, the Association will remain responsible for costs and repairs that exceed the Deposit. 16. Music. Musical entertainment must be selected with the approval of Public Safety. Public Safety must also review and approve the Media Advertising Campaign before the campaign is implemented. By May 2016 the Association must provide to the City a complete list of all musical acts along with an estimate crowd size for each. Live musical entertainment must cease no later on each day than set forth as follows: Thursday, 11:00 p.m.; Friday, 11:30 p.m.; Saturday 11:30 p.m.; and Sunday, 10:00 p.m. 17. Downtown Clean-Up. On the day following the close of the Celebration, weather permitting, the Association will clean Lowell Park and other areas that have been impacted by the Celebration. The Association is responsible for all costs, incurred for the clean-up of areas neglected by the Association. The city will run Street Sweepers after the event at no cost to the Association. 18. Hold Harmless and Indemnify. The Association agrees to hold the City harmless and to indemnify and defend the City with regard to any claims causes of action or demands that might be brought against the City arising out of the activities in the Area including the dispensing of Liquor pursuant to this Agreement. 19. Term of Agreement. This Agreement will remain in effect for a period of one (1) year from the date of its execution. Further, in the event that a determination is made by the City Council, based upon the advice of the Police Chief that the Celebration is a threat to the health, safety or welfare of the community, the City Council reserves the right to cancel any remaining term and terminate this Agreement. 20. All addendums to previous agreements are hereby incoporated into this agreement. IN WITNESS WHEREOF, the parties have set their hands this _____ day of _____________, 2016. LOCALS By Its 8 STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _____ day of _______________, 2016, by ___________________________, the _______________________, the duly authorized agent for Locals, a Minnesota non–profit corporation. Notary Public CITY OF STILLWATER Ted Kozlowski, Its Mayor ATTEST: Diane F. Ward, Its City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _____ day of _______________, 2016 by Ted Kozlowski, Mayor and Diane F. Ward, Clerk, for the City of Stillwater. Notary Public Exhibit A 2016 Lumberjack Days Schedule of Deadlines Due Date Task Responsible January Contract Negotiations The Locals/City February Initial site maps drafted and submitted to City The Locals February Status update at City Council meeting The Locals February Permits applied for (with application fee) at the City The Locals February Permits applied for (with application fee) at Washington County The Locals February 5K/10K Race route map drafted and submitted to City The Locals February Down Hill Box Derby route map drafted and submitted to City The Locals March 2016 contract signed The Locals/City March Parade route finalized The Locals/City March 5K/10K Race route finalized The Locals/City March Down Hill Derby route finalized The Locals/City March Barricades ordered The Locals March Trash plan and contract due to the City The Locals March Fishing Contest permit applied for (with application fee) at DNR The Locals March Meeting with Parking Commission The Locals/City April Costs of escrow deposit for City discussed with City The Locals/City April Send out mailer about public meeting for 5K/10K April Hold public meeting for 5K/10K April Status update at City Council meeting The Locals April Portable bathrooms to be ordered, and order request to be copied to the City The Locals April Schedule alcohol training with Police Chief The Locals April Schedule of events discussed with City and Council (not for public release)The Locals/City May Status update at City Council meeting The Locals May Payment to the City for hard costs (separate from Public Safety services)The Locals May Security team to meet with Police Chief The Locals May Liquor insurance and alcohol compliance plan due to City The Locals May Alcohol Compliance Training scheduled with Police Chief The Locals/City May Certificate of Insurance due to the City The Locals May Music Line‐Up discussed with Police Chief and Mayor (not for public release) The Locals/City May Music Line‐Up determined and announced to public The Locals June Deposit Payment to City for Public Safety services The Locals June Schedule of events announced to the City and public,with“umbrella events” The Locals June Status update at City Council meeting The Locals June Mailers sent out for 5K/10K Run, Parade and Down Hill Derby routes The Locals June City to provide list of streets that require “No Parking” signs City June Final site plan due to the City The Locals June Final safety plan due to the City The Locals July Status update at City Council meeting The Locals July Final list of vendors to the City and Washington County The Locals July Complete production schedule to the City The Locals July Utility locates at park(s) The Locals/City July Pre‐event walkthrough The Locals/City July 13‐14 Event load‐in The Locals/City July 15‐17 Event The Locals/City July 18 Final clean‐up and walkthrough The Locals/City August Event evaluation meeting (and any refunds to The Locals)The Locals/City RESOLUTION NO. 2015-191 RESOLUTION OF APPROVAL OF ADDENDUM NO. 2 TO STILL WATER LOG JAM AGREEMENT DATED JUNE 6, 2015 (THE AGREEMENT) BE IT RESOLVED, by the City Council of Stillwater, MN that Addendum No. 2 to the 2015 Stillwater Log Jam Agreement dated June 6, 2015 between Locals, Inc. and the City of Stillwater for use of the of the City's Lumberjack Days and the Lumberjack Days logo, as on file with the City Clerk, is hereby approved. BE IT RESOLVED, that this addendum may become a part of the 2016 Log Jam Agreement to be completed in the spring of 2016; and BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor to sign the contract on the City's behalf. Adopted by the City Council of the City of Stillwater this 20th day of October, 2015. Ted Kozlowski, Mayor ATTEST: ~ \) 1Je1tlr«: Diane F. Ward, City Clerk Memorandum To: Mayor and City Council From: Diane Ward, City Clerk Date: 5/3/2016 Subject: Heritage Preservation Commission After the last Council meeting, one position was still open on the HPC. Ms. Angela Hadrits was interviewed and the Chair and Council Representative recommend that Ms. Hadrits be appointed to fill Ms. Branjord’s expired term. ACTION REQUIRED: If Council agrees with the HPC, Council should adopt a resolution entitled APPOINTMENT TO HERITAGE PRESERVATION COMMISSION. . /nm APPOINTMENT TO HERITAGE PRESERVATION COMMISSION NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, hereby appointed the following at their May 3, 2016 regular City Council meeting: Anglea Hadrits Term Expires – May 1, 2019 Adopted by Council this 3rd day of May, 2016. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North May 3, 2016 SPECIAL MEETING (Closed) 3:30 P.M. REGULAR MEETING 4:30 P.M. RECESSED MEETING 7:00 P.M. 3:30 P.M. SPECIAL MEETING (Closed) I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. City Administrator Review IV. ADJOURNMENT 4:30 P.M. AGENDA V. CALL TO ORDER VI. ROLL CALL VII. OTHER BUSINESS 2. Discussion of City Hall usage and policy (Resolution – Roll Call) VIII. 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 – Class/Comp Update, Human Resource Manager Introduction XI. ADJOURNMENT TO EXECUTIVE SESSION to discuss pending litigation 7:00 P.M. AGENDA IX. CALL TO ORDER X. ROLL CALL XI. PLEDGE OF ALLEGIANCE XII. APPROVAL OF MINUTES 11. Possible approval of April 19, 2016 regular meeting minutes XIII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 12. Council Service Award – Solveg Peterson and Don Stiff (Park & Recreation); Karen Markowitz and Ann McLellan (Charter); Gim Middleton (Planning) 13. Council Service Award – Watermark Church XIV. 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. XV. 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. 14. Resolution 2016-090, directing payment of bills 15. Resolution 2016-091, approving the 2016 technical services agreement between Washington County Conservation District and the City of Stillwater 16. Possible approval to purchase Dodge Ram 4500 with contractor body and crane – Public Works 17. Resolution 2016-092, approving transfer of tobacco license of Stillwater Tobacco Shop to Northgate, Inc. DBA: Still Tobacco 2 18. Resolution 2016-093, approval of Long Lake Rain Gardens Agreement 19. Resolution 2016-094, reappointing member to Downtown Parking Commission 20. Possible approval of scrivener error correction on Resolution 2016-089. 21. Possible approval of retail fireworks permit – Cub Foods XVI. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 22. Case 2016-14. This is the date and time for a public hearing to consider a request by Kenneth Heifort, for consideration of a concept Planned Unit Development, Preliminary Plat, and a Zoning Map Amendment for The Ponds at Heifort Hills, a 24-lot residential subdivision to be located at 8753 and 8911 Neal Avenue North, currently located in the AP Zoning District. PID: 2003020220015. Complete property and legal description available upon request. (Resolution – Roll Call) (Hearing is to be opened and tabled) XVII. UNFINISHED BUSINESS XVIII. NEW BUSINESS 23. Possible approval of Lumberjack Days Special Event and Contract (available Tuesday) 24. Consideration of parking ramp advertising proposal and contract (Resolution – Roll Call) 25. Consideration of Cashman tuk-tuk request 26. Consideration of JX Event Venue parking request 27. Update on Browns Creek Parking Lot 28. Community Development Department State of 2016-17 Project Work Plan 29. Possible approval of Management Plan for Palmer property (Resolution – Roll Call) XIX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XX. COMMUNICATIONS/REQUESTS XXI. COUNCIL REQUEST ITEMS XXII. STAFF REPORTS (CONTINUED) XXIII. ADJOURNMENT Date: TO: FROM: SUBJECT: Ge ~j I lwat~r. ~::::;::;;;~ Adn1inistration 1 April 22, 2016 Mayor and Council Tom McCarty, City Administrator Diane Ward, City Clerk City Facility Meeting Rooms -After Business Hours & Weekends Over the past few months there are have been security and other concerns that brings the staff to request consideration of limiting the City's meeting room usage by the public after normal business hours. The reasons consist of the following : • No facilities staff available for to monitor entry, closing and use of City equipment ( computer, projector etc.) after normal business hours. • Security concerns ( equipment attempted to be stolen) o Doors propped open or not locked and City Hall open to all floors overnight. o People wandering throughout City Hall. • Meetings held without cleanup afterward according to the existing policy. • Availability of Police Department Officers to open and close the building cannot be guaranteed. Due to these security concerns and the other issues, staff recommends that the City no longer provide meeting rooms to the general public or organizations (non-governmental) after business hours .. Staff would suggest that the public and organizations contact the library for use of their meeting rooms. The library has facilities staff available to set up and assist user with equipment (if needed) in the evening. Attached is a revised Meeting Room Policy that limit use for City meeting rooms after normal business hours and the weekend by the general public. ACTION REQUIRED: If Council concurs with the staff recommendation, they should pass a motion approving the Meeting Room Usage Policy (dated 4/29/2016). MEET ING ROOM USAGE POLICY I. PURPOSE The purpose of this policy is to clarify conditions and terms for use of meeting rooms in Stillwater City facilities during normal business hours (8:00 a.m. -4:30 p.m., Monday - Friday) by non-governmental groups. II. POLICY A. Use of Meeting Rooms 1. The meeting rooms are primarily designed and intended for official local government meetings. Therefore, priority for use of the above rooms will be given to governmental use. 2. The rooms may not be used for purposes that would cause interference whatsoever with Council or other governmental meetings, regular or emergency, scheduled in the building area. 3. If interference could possibly occur, the government function has priority, and other meetings would be immediately canceled. 4. The cancellation privilege shall apply regardless of reservation by non- governmental users . 5. Reservations for use of the meeting rooms should be submitted at least fifteen (15) days in advance of the date desired. 6. All meeting rooms are equipped with tables and chairs. Use of City Hall has WIFI and guests may can use the Guest Login. The use of City equipment (i.e. computer, projector, smart board etc.) shall be coordinated with the IT department one (1) week prior to the requested date by contacting the IT Manager at 651-430-8800. B. Rooms Available. 4/29/2016 Level 1. Level 2. Level 3. Police/Fire Training Room -maximum capacity 47 • Council Chambers with Conference Room 213 - maximum capacity 189 • Council Chamber without Conference Room 213 - maximum capacity 163 • Conference Room 213 -maximum capacity 26 Riverview Room -maximum capacity 10-12 C. Rules and Guidelines 1. Users shall not exceed the maximum number of persons allowed. 2. User shall not allow the consumption or serving of alcohol in the facility. 3. Users shall not allow smoking in the facility. 4. Users shall be fully responsible for the activities and actions of all minors in the facility. 5. Users shall not charge a fee for activities held at the facility. 6. Upon exiting the facility, Users shall: a. Return all furnishings to their original placement. b. Wipe down surfaces of tables and dispose of any trash. c. Turn off all lights. 7. During use of the facility, Users shall be totally responsible for maintaining the condition of the facility. Inspections shall be conducted by City staff. If the condition of the facility is found to be unacceptable, the appropriate amount shall be billed to the User and may affect the Users ability to utilize the facility in the future. 8. An Agreement/ Application form shall be signed by the User's representative prior to use. 9. Users will not leave any of their own furniture or equipment in any of the meeting rooms. Ill. PARKING It is recommended that attendees park in the lot behind City Hall, but not across from the police department garages. THE CITY IS NOT RESPONSIBLE FOR ANY LOST OR STOLEN PROPERTY. 4/29/2016 CITY COUNCIL MEETING MINUTES April 19, 2016 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders Community Development Director Turnblad Finance Director Harrison City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of April 5, 2016 regular and recessed meeting minutes Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to approve the minutes of the April 5, 2016 regular and recessed meeting. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS There were no petitions, individuals, delegations or commendations. OPEN FORUM Dionne Meisterling, 12550 72nd Street North, thanked the Council for the consideration given to residents during the Croix Bay public hearing process. STAFF REPORTS Public Works Director Sanders informed the Council that the owner of St. Croix Boat & Packet and the City have agreed on a new style of block for the wall to be installed. Construction will start next week. Councilmember Weidner stated Mr. Anderson had called him to clarify the nature of the problem. He noted Mr. Anderson wants to pave the path and feels that will solve the problem. City Council Meeting April 19, 2016 Page 2 of 9 Mr. Sanders stated the City can work with Mr. Anderson on the paving portion of the project. On a question by Councilmember Weidner about safety issues, Police Chief Gannaway resplied that he thinks the sheer volume of people will make it problematic, so whatever can be done to clearly delineate between the path and the driving surface is good. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to allow Mr. Anderson to include the paved portion as he originally proposed. All in favor. Public Works Director Sanders informed the Council that the seasonal schedule for the lift bridge starts April 20. He also reported that the Water Street garbage enclosure is complete. Finance Director Harrison notified the Council that the closing on the bonds is complete. City Administrator McCarty reported that the new Human Resources Manager, Donna Robole, starts on Monday, April 25. CONSENT AGENDA Resolution 2016-077, directing the payment of bills Resolution 2016-078, approving special event and contract North Star Grand Prix Resolution 2016-079, approving special event and contract Half Marathon Resolution 2016-080, final acceptance of work for County Road Improvement Project (Project 2013-04) Resolution 2016-081, approving contract with RES Specialty Pyrotechnics Possible approval of temporary liquor license – St. Croix Catholic School – May 21, 2016 Possible approval to purchase projector – MIS Resolution 2016-082, approving the demolition of the structure located at 816 Fourth Street South (HPC Case No. 2016-01) Resolution 2016-083, approval of agreement for assessment services with Washington County Possible approval of retail fireworks permit - Dollar Tree Resolution 2016-084, approval of agreement with Metro Public Safety Training Facility Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS Approval of findings of fact related to Zoning Text Amendment, Zoning Map Amendment for 12525 and 12721 75th Street North, 12620 72nd Street North, and parcels with no address identified as PID 30.030.20.42.0005 and PID 30.030.20.41.0040 Community Development Director Turnblad reminded the Council that they approved the concept PUD, but denied the zoning map amendment and zoning text amendment. The resolution provided formalizes the findings of fact. City Council Meeting April 19, 2016 Page 3 of 9 Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2016-085, resolution adopting findings of fact, conclusions and order related to zoning text and zoning map amendments for Northland Senior Living, a proposed 50 acre, multi-use senior care living facility to be located at 12525 and 12721 - 75th Street North and 12520 - 72nd Street North, currently located in the LR and AP Zoning Districts, Case No. 2016-013. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None NEW BUSINESS Possible approval for permit to keep bees – 1007 Sixth Street South Community Development Director Turnblad explained that Camilla Correll, property owner, has requested a beekeeping permit and wishes to sell honey from her home. One letter of objection has been received from a neighbor who has allergies. The application meets all code requirements. The application meets code and staff recommends one-year conditional approval. Councilmember Weidner asked if complaints have been received about other current beekeepers’ hives, and Mr. Turnblad replied no. Councilmember Junker reiterated the concern about allergies. Mayor Kozlowski stated it always seems like once the hives go in, those with concerns do not seem to have complaints. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to approve a one-year beekeeping permit for Camilla Correll, 1007 Sixth Street South. Ayes: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Nays: Councilmember Weidner Possible approval for permit to keep chickens – 911 Owens Street North Community Development Director Turnblad stated that Chris Seidler, property owner, has requested a permit to keep chickens. He explained the proposed plans. The application meets code and staff recommends one-year conditional approval. Two neighbors have objected to the permit, raising concerns about care of existing animals on the property and about the noise, smell, yard waste and pests associated with chickens. One letter of support was recei ved. The applicant indicated if there is strong opposition to the keeping of chickens on his property, he may not proceed with the keeping of chickens, and would then request a refund of the $50 application fee associated with the permit request. Motion by Councilmember Menikheim, seconded by Mayor Kozlowski, to approve a one-year chicken keeping permit for Chris Seidler, 911 Owens Street North. Ayes: Councilmembers Menikheim, Weidner, Mayor Kozlowski Nays: Councilmembers Junker and Polehna Councilmember Weidner pointed out that whether or not Councilmembers like the idea of chickens in the City, the permit process has been established; perhaps the ordinance should be changed if the Council does not agree in principle with the keeping of chickens in the City. City Council Meeting April 19, 2016 Page 4 of 9 Councilmember Junker recognized if there are problems with the particular permit, the permit may be reviewed before a year is up. Possible approval of resolution approving Stillwater Fire Department application for Federal Emergency Management Agency (FEMA) Staffing for adequate Fire And Emergency Response (SAFER) Grant For $179,526 to hire additional firefighter personnel City Administrator McCarty informed the Council that the Federal Emergency Management Agency (FEMA) has made two-year grants available to support local fire departments’ needs for additional firefighter personnel. The program is known as the Staffing for Adequate Fire and Emergency Response (SAFER) Grant. The Department’s current firefighter staffing levels would be enhanced with additional personnel funded through the SAFER grant, allowing for a more optimum fully staffed fire engine crew on a 24/7 basis. The SAFER grant would fund an additional full time firefighter position for two years at a cost of $179,526. The SAFER grant does not require a city cost share, nor an ongoing maintenance of effort commitment beyond the grant closeout date of June 30, 2020. There is no fiscal impact to the city. Staff recommends the Council approve the submittal of the application for the grant. Fire Chief Glaser reiterated that the entire salary and benefit package for the position would be covered by the SAFER grant. He asked the Council for a resolution of support for the grant application. The City may not know until late 2017 if the grant is awarded. Councilmember Weidner asked if there are employment ramifications of releasing the firefighter if needed at the end of the grant. Fire Chief Glaser replied that according to the grant information, the City may release the firefighter if it chooses, as long as it complies with the two year term of the grant. He noted that the Department will likely have openings occur in the period of the grant. The goal is not to release the additional firefighter, but to have a four -person engine crew, hopefully permanently, as needs are increasing. Councilmember Weidner expressed concern about trying to back-door another permanent firefighter position. Chief Glaser responded he is not trying to back-door another position. Within two years, he would attempt to figure out how the City could maintain the position and cover the cost of the position. During the course of the grant period, the City must maintain the staffing it currently has. Councilmember Weidner stated he feels a grant is a great idea, but it will be tough to say it’s no longer a full time position at the conclusion of the grant period. He would like to get a person for two years and then have a better discussion about why there is a need for another full time firefighter. Councilmember Junker asked if the new hire would be made aware it is a two year position, and Chief Glaser stated yes, they would be fully aware of the grant requirements. Councilmember Weidner asked what happens if that person gets hired away to another jurisdiction. Chief Glaser replied that during the period of the two year grant, the City has to maintain the level of staffing. If a full time firefighter retires during the period of the grant, the City would have to refill that full time position. Technically if the new hire wants to apply for that full time internal position, they could; then the City would have to refill the grant position for the remainder of the grant period. He mentioned that the grant was awarded in 2006 but the Council turned it down - at that time it was a five year position. He feels grant availability may be phasing out. Motion by Councilmember Weidner, seconded by Councilmember Junker, to adopt Resolution 2016- 086, resolution approving Stillwater Fire Department application for Federal Emergency City Council Meeting April 19, 2016 Page 5 of 9 Management Agency (FEMA) Staffing for Adequate Fire and Emergency Response (SAFER) Grant for $179,526 to hire additional firefighter personnel. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Possible purchase of Armory building – request for 90 day extension of Notice of Interest to Department of Military Affairs City Administrator McCarty reported that in February 2016, the Minnesota Department of Military Affairs (DMA) formally offered to sell the Armory Building at 107 Chestnut Street to the City of Stillwater for an appraised value of $1,200,000. The DMA further requested that the City formally respond with a Notice of Interest in purchasing the property by May 3, 2016. City staff has been conducting a due diligence analysis of the Armory Building proper ty, but it is not yet complete. A 90 day extension of the May 3 deadline would allow the City time to complete the necessary due diligence analysis. Staff recommends that the Council approve a resolution requesting a 90 day extension. Councilmember Junker requested clarification, and Councilmember Weidner explained his understanding of the process of offering the building for sale. The bill that was introduced by Representative Dettmer and Senator Housley asked that the City be allowed to purchase the Armory for $1 and not go through this process; however, DMA Executive Director Kerr wanted to go through the process. Mayor Kozlowski thanked Councilmembers Weidner and Polehna and Senator Housley for spending a great deal of time on the matter and going to the Capitol. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution 2016-087, resolution requesting a 90 day time extension from the May 3, 2016 deadline for submittal of a Notice of Interest to the Department of Military Affairs for purchase of the Armory Building Located at 107 Chestnut Street by the City of Stillwater. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Possible resolution approval for Flaherty-Hood Classification Compensation Study and Contract City Administrator McCarty stated that the Strategic Plan includes an initiative to complete and implement a classification compensation study for the City. A Request for Proposals (RFP) for completion of a classification compensation study was issued; eight proposals were received and a staff committee unanimously recommends award of the contract to Flaherty & Hood P.A. The study will include all City, Library and Water Board positions. The base cost of the study is $25,850, which is within the budgeted appropriation. The anticipated time line for completion is six months. Staff recommends that the Council adopt a resolution approving the proposal and awarding the contract to Flaherty & Hood P.A. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2016-088, approving proposal and awarding contract for City of Stillwater Classification and Compensation Study to Flaherty & Hood P.A. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None City Council Meeting April 19, 2016 Page 6 of 9 Possible approval of appointments to Commissions for Downtown Parking, Heritage Preservation, Human Rights, Park and Recreation City Clerk Ward updated the Council on openings on the commissions. She noted there has been discussion about reducing the number of commissioners on the Planning Commission froim nine to seven. Councilmember Weidner stated he has been a proponent of making the Council liaison to the Planning Commission a voting member. He feels that rather than appoint a new member to the Planning Commission, the Council may want to fill that position with the Council liaison as a voting member. Councilmember Menikheim stated he is not in favor of the liaison voting. He has not heard anything about the Planning Commission being reduced to seven members. Councilmember Junker stated it appears there is no consistency in numbers on the various commissions. He would like to see at most seven commissioners because nine is a large number of people. He also noted in 2016 there has been a lot of absence on the Planning Commission. He agreed with Councilmember Weidner that the two Planning Commissioners whose terms are up for reappointment should be reappointed, but this is a good opportunity to reduce the number on the commission by not appointing a third person. On a question by Councilmember Weidner why there are nine commissioners on the Planning Commission, Mr. Turnblad stated that past Councilmember Roush believed that more was better; however it is an unwieldy number because it is hard to get that many people at the dais. Staff feels that seven is a good number for all the commissions, but no one should be forced off the commission; as attrition occurs, the Council could simply not fill vacant positions until the number reaches seven. City Attorney Magnuson commented if the Councilmember votes as a Planning Commissioner liaison, and then they have to sit on the Council and listen to an appeal of a Planning Commission vote, their vote on the appeal could be perceived to be prejudged. City Clerk Ward provided history of the issue, stating that prior to 2007, some of the boards and commissions had a voting Council liaison and some did not. In 2007 the Council in place felt it was necessary to have term limits, interviews by the Council representative and the commission chair, and that none of the Council liaisons should be voting members. Councilmember Weidner recalled that when he was the liaison to the Planning Commission, he would seek approval from the chair to participate and did not participate often in the discussions. Mayor Kozlowski commented that having Council liaisons on the commissions seems to have worked well; they provide perspective on an issue when asked. Councilmember Polehna stated that even though the liaisons do not vote, they should still have the opportunity to participate in the discussions. Councilmember Menikheim acknowledged that when he is a liaison he always feels he has a voice but no vote. It appears to be working. He does not know how the Council can change one commission and not the rest. He expressed concern about the possibility of tie votes which could be cumbersome. Councilmember Weidner asked why Councilmember Menikheim felt the need to be a voting member of the Library Board, and is the need the same on the Planning Commission ; and City Council Meeting April 19, 2016 Page 7 of 9 Councilmember Menikheim replied the difference for him is that the Library Board represented taxation without representation. As he looked further into it, he found the statute allowed a Councilmember to be on the Library Board. He did not make an overt attempt to get on the Library Board; he was asked to be on the Board. He felt that would allow for taxation with representation. Mayor Kozlowski agreed the Library Board is unique because it functions independently of the Council. He feels that a voting Council liaison essentially votes twice on the same issue - on a Commission and then when the issue comes to the Council. It could create confusion if a Councilmember votes a different way on the Council than he did on the Commission because of disagreeing with an ordinance, for instance. Councilmember Junker remarked that, going back to the 1980s when he was a commissioner and then a Councilmember, he valued the input that the Councilmembers provide on the commissions. Councilmember Polehna commented he now agrees with Councilmember Weidner that the Planning Commission is unique because it makes decisions on a lot of issues that do not come before the Council. The Councilmember liaison should have a vote, at least on the Planning Commission. In contrast, the Parks Commissioners’ votes are usually recommendations to the Council, but not the final decisions. Councilmember Weidner related that Planning Commission Chairman Kocon is very knowledgeable and runs a good Commission, but he feels there should be participation by the Councilmember liaison. He questioned why the change was made in 2007 removing the vote from the Council liaison, and Mr. Turnblad replied it was to achieve consistency among all the Commissions. Mayor Kozlowski stated he personally does not have a problem treating the commissions differently; nor does he have a problem with a Council liaison voting on the Planning Commission. Councilmember Menikheim questioned the impact of one vote on a commission, adding that the Council liaison can bring issues to the Council’s attention. Maybe the question being addressed is whether the Council has granted too much authority to the Planning Commission. He feels that just having one Councilmember voting is not going to change anything. Councilmember Weidner replied that having a vote may change the conversation - the Council liaison would have no more authority than anyone else, but they would be able to participate in the conversation freely at the dais, rather than being a complete outsider in the conversation. He feels this would be beneficial. Councilmember Menikheim questioned if the Council would be having this conversation if there were a different Planning Commission chairman, and Councilmember Weidner responded no, he thinks Mr. Kocon has done a good job. He just does not think the Planning Commission meetings are structured to facilitate conversation from the Council liaison. Councilmember Junker stated with nine members at the dais and the Council liaison sitting down at the table, it lessens the likelihood of the Council liaison participating. That is one reason the Planning Commission should go to seven people, to have room for everyone at the dais. City Clerk Ward reminded the Council that one reason the Planning Commissioners sit at the dais is that their meetings are televised. Mayor Kozlowski reiterated he is not opposed to reducing the Planning Commission from nine to seven, nor is he opposed to having a Councilmember with voting privilege on that commission. City Council Meeting April 19, 2016 Page 8 of 9 Ms. Ward asked for Council opinions about the process, whether it is working to have interviews prior to appointment, and also about term limits. There is a lot of institutional knowledge on some of the commissions and the City cannot fill some of the positions. Current term limits are three terms at three years a piece. Councilmember Polehna replied that he feels term limits are too much considering the City has a hard time filling some of these commissions. Councilmember Weidner suggested as a matter of compromise, rather than deciding whether the Council liaison should vote, to follow staff recommendation tonight for reappointments, and not fill the third seat on the Planning Commission, with the intent of reducing it down to seven. He emphasized it has nothing to do with the applicants or their qualifications. City Clerk Ward answered any variations would require changes by ordinance or resolution. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt Resolution 2016-089, approval of appointments to the Commissions of Downtown Parking, Heritage Preservation, Human Rights, Parks and Recreation, Planning, and Traffic Safety Review Committee. 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 Junker, to adjourn the meeting at 8:29 p.m. All in favor. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2016-077, directing the payment of bills Resolution 2016-078, approving special event and contract North Star Grand Prix Resolution 2016-079, approving special event and contract Half Marathon Resolution 2016-080, final acceptance of work for County Road Improvement Project (Project 2013-04) Resolution 2016-081, approving contract with RES Specialty Pyrotechnics Resolution 2016-082, a resolution approving the demolition of the structure located at 816 Fourth Street South (HPC Case No. 2016-01) Resolution 2016-083, approval of agreement for assessment services with Washington County City Council Meeting April 19, 2016 Page 9 of 9 Resolution 2016-084, approval of agreement with Metro Public Safety Training Facility Resolution 2016-085, resolution adopting findings of fact, conclusions and order related to zoning text and zoning map amendments for Northland Senior Living, a proposed 50 acre, multi-use senior care living facility to be located at 12525 and 12721 75th Street North and 12520 72nd Street North, currently located in the LR and AP Zoning Districts, Case No. 2016-013 Resolution 2016-086, resolution approving Stillwater Fire Department application for Federal Emergency Management Agency (FEMA) Staffing for Adequate Fire and Emergency Response (SAFER) Grant for $179,526 to hire additional firefighter personnel Resolution 2016-087, resolution requesting a 90 day time extension from the May 3, 2016 deadline for submittal of a Notice of Interest to the Department of Military Affairs for purchase of the Armory Building Located at 107 Chestnut Street by the City of Stillwater Resolution 2016-088, approving proposal and awarding contract for City of Stillwater Classification and Compensation Study to Flaherty & Hood P.A. Resolution 2016-089, approval of appointments to the Commissions of Downtown Parking, Heritage Preservation, Human Rights, Parks and Recreation, Planning, and Traffic Safety Review Committee 4/26/16 Downtown Plan Advisory Committee Meeting Schedule May Date ‐ 5/26/16; Committee meeting Time ‐ 8:30 am to 10:30 am Place ‐ Conference Room 213, City Hall, 216 N 4th St, Stillwater General topic(s) – Kick‐off meeting, project background, schedule, etc. June Date – 6/23/16; Public Workshop 1 (inventory and analysis) Time ‐ TBD Place ‐ Conference Room 213, City Hall, 216 N 4th St, Stillwater Downtown Plan Advisory Committee workshop session 1:00 pm to 4:00 pm. Several Committee members will need to help facilitate walking tours of the downtown after 4:00 pm as part of Community Workshop 1. July Date – 7/28/16; Committee meeting Place ‐ Conference Room 213, City Hall, 216 N 4th St, Stillwater Time ‐ 8:30 am to 10:30 am General topic(s) – Visioning August Date – 8/25/16; Committee meeting Place ‐ Conference Room 213, City Hall, 216 N 4th St, Stillwater Time ‐ 8:30 am to 10:30 am General topic(s) – Traffic September Date – 9/22/16; Committee meeting Place ‐ Conference Room 213, City Hall, 216 N 4th St, Stillwater Time ‐ 8:30 am to 10:30 am General topic(s) – Downtown Market Analysis October Date – 10/25‐28/16; Public charrette (Idea generation, refinement, review) Time ‐ TBD Place – TBD 10/25 ‐ Community Workshop 2 (evening). Community invited to brainstorming charrette. Committee will be actively involved. 10/26 – Concept refinement by consultant team. 3:30 pm to 5:30 pm the Committee will review the in‐progress work. 10/27 – 1:00 pm to 3:00 pm ‐ Committee and agencies review materials and discuss potential implementation steps. 10/27 ‐ 7:00 pm to 9:00 pm ‐ Community Open House 1. 10/28 – 8:00 am – De‐brief charrette and discuss next steps. Committee member attendance on an “as available” basis. 4/26/16 November – December Committee break January Date – 1/26/17; Committee meeting Place ‐ Conference Room 213, City Hall, 216 N 4th St, Stillwater Time ‐ 8:30 am to 10:30 am General topic(s) – Review of materials developed since charrette February No Committee meeting March Date – 3/23/17; Committee meeting Place ‐ Conference Room 213, City Hall, 216 N 4th St, Stillwater Time ‐ 8:30 am to 10:30 am General topic(s) – Review of draft plan prior to Community Open House 2 March/April Date – TBD; Community Open House 2 Place – TBD Time – 7:00 pm to 9:00 pm General topic – Review of draft plan Rev. 2/16 DOWNTOWN PLAN ADVISORY COMMITTEE 1. Tom Triplett a. Affiliated with St. Croix River Association 2. Jim Luger a. Resident b. Retired Washington Co Park Director c. Registered Landscape Architect 3. Kathleen Anglo a. Resident b. Currently employed by St Paul Parks c. Registered Landscape Architect 4. Elizabeth McCarthy a. Downtown resident – Terra Springs HOA 5. Mark Brine a. Downtown property owner/manager 6. Wally Milbrandt a. Resident b. Former Councilmember 7. Robert Olszewski a. Resident b. Pastor at Crosswinds Community Church 8. Rich Cummings a. Resident b. Affiliated with Downtown Revitalization Committee c. Former Councilmember 9. John Read a. Resident 10. Doug Menikheim a. Councilmember – Ward 1 11. Sean Hade a. Downtown resident b. Planning Commission member 12. Glen VanWormer a. Resident b. Civil engineer, traffic specialist 13. Will Bay a. Resident b. Retired from economic development and historic preservation consulting 14. Michael Sobieski a. Resident 15. Roger Tomten a. Resident b. Urban designer Rev. 2/16 16. Shelly Christensen a. Resident b. District 834 track coach 17. Aimee Pelletier a. Downtown Parking Commission b. Downtown business owner (Darnknitanyway) c. Member of the downtown Independent Business Association 18. Reggie Krakowski a. Heritage Preservation Commission Member 19. Dave Junker a. Councilmember – Ward 2 20. Cory Buettner a. Downtown business owner (Leo’s Malt Shop) b. Summer Tuesdays, Inc – Downtown event organization 21. Chris Kohtz a. Downtown business owner (Wedge & Wheel) 22. Chuck Dougherty a. Downtown business owner (Water Street Inn) b. Summer Tuesdays, Inc – Downtown event organization STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, May or Date of Recognition: May 3, 2016 S ·TILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: May 3, 2016 STILLWATER CITY COUNCIL SERVICE AWARD On beha lf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recogni tion: May 3, 2016 STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recomm.endation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: May 3, 2016 STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recomm _endation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: May 3, 2016 S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to Watermark Church Congregation for volunteering their time cleaning up the Lowell Park area and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: May 3, 2016 STILLWATER CITY COUNCIL SERVICE AWARD EXHIBIT "A" TO RESOLUTION #2016-090 Page 1 LIST OF BILLS lST Line/Leewes Ventures LLC Popcorn 376.95 30 Specialt ies Inc. Panels and Sidewalk Closed 1,963 .88 Action Rental Inc. Equipment rental 190.00 Advanced Graphix Inc. Frosted window patch 66 .00 American Planning Association Membership 370.00 Ancom Technical Center Equipment repair supplies 12 .00 Aspen Equipment Company Jem Cyl lOGPM S 1,802 .51 Aspen Mills Uniforms 849 .07 Bernicks Beverages for concessions 171.60 Bryan Rock Products Inc . Red Ball Diamond Agg 690.83 Carquest Auto Parts Auto parts and supplies 101.54 CDW Government Inc. Ink cartridge 36 .95 Century Link Telephone 41.00 Comcast TV Internet & Voice 500.71 County Materials Corporation Storm sewer repai rs 775 .00 Coverall of the Twin Cities Commercial Cleaning Services 1,772 .00 ECM Publishers Publications 384.43 Environmental Equipment & Services Heavy duty hose 418.99 Far From Normal Supply Supplies 168.94 Fastenal Company Equipment repair supplies 107.28 Fire Safety U.S.A . Fire boots 565.00 Fleet Pride Equipment repair supplies 88.22 Fury Stillwater Vehicle service 40.01 Gannaway John Reimburse for shoes 140.00 Goodyear Commercial Tire Tires 1,454.96 Gopher State One Call Inc. Tickets 66.70 Heritage Embroidery and Design Uniform shirts 199.84 Hugo Equipment Company Chain saw 570.90 Hydro-Klean LLC Clean lift station 2,950 .40 Iceman Industries Inc . Ice melt 2,050 .00 ICMA Membership Renewals Membership 1,112.00 L.T.G.Power Starter 44.88 Life Safety Systems Annual fire alarm inspection 960 .00 Loffler Companies Computer support & capital projects 20 ,597 .58 M.J . Raleigh Truck Co. C-5 Recycle 318 .04 Mansfield Oil Company Fuel 4,263.43 Menards Supplies 433 .72 Mercury Electric Electronic ballast at City Hall 564.76 Metropolitan Mechanical Contractors Maintenance agreement 2,162.00 Minnesota Wanner Co. Equipment repair supplies 73.83 Mitchell Ryan Reimburse for off duty gun holster 52 .83 NAPA Auto Parts Auto parts and supplies 89 .88 Newman Signs Signs 668.85 Oakdale Rental Center Equipment rental 184.00 Office Depot Office supplies 446 .25 EXHIBIT "A" TO RESOLUTION #2016-090 Page 2 O'Reilly Auto Parts Auto parts and supplies 273 .25 Otis Elevator Company Elevator contract 4 ,874 .16 PLEAA Membership & training 75.00 Rehn Code Consult i ng Services Ryan Plan review 3,356.17 Riedell Shoes Inc. Skates 768 .31 River Valley Printing Inc . 2000 Letterhead 188.00 Safe Fast Inc Safety equipment 180.40 Sanders Shawn Reimburse for seminar 100.00 Science Museum of Minnesota Training seminar 139.00 SHI International Corp Cloud storage 18,000.00 St. Croix Boat and Packet Co. Ramp cleaning 1,620.00 St i llwater Medical Group Medical screening 136.00 Stillwater Motor Company Vehicle service 120.55 Stillwater Turf & Power LLC Equipment parts 116.79 T.A. Schifsky and Sons Asphalt 1,011.88 Tessman Seed Co. St . Paul Chemicals 9,660.46 The Retrofit Companies Lamp recycling 252.05 Theis Byron Reimburse for supplies 27.95 Titan Machinery Shakopee Equipment repair supplies 68.07 T-Mobile USA GPS locates 4 ,300.00 Tri-State Bobcat Equipment rental 243 .10 USAble Life Term Life Insurance 436.80 Valley Trophy Inc. Name plate 20 .50 Verizon Wireless Wireless service 1,527.23 Volunteer Firefighte r s Benefit Annual Renewal Life Insurance 1,455.00 WalMart Community Soda & candy 50 .10 Washington Conservation Distr Shared Educator 625 .00 Washington County Recorder Assess 2016 Assessing service fee 102,058.31 Washington County Taxation Div TIF admin fees 13,067.00 Washington County Property Records Merge 60 .00 Washington County Notary fee 20.00 Wet Technology Chemicals 369.39 Wolf Beth Re i mburse for conference 243.22 WSB & Associates Inc. Professional services 217.25 Zoll Medical Corp AED 3,208 .02 CREDIT CARDS Active911 Inc Device purchase 481.75 Admin Arsenal PDQ Inventory mgmt software 450.00 Amazon .com Suppl ies & equipment 398.79 Boat Outfitters Starboard plastic sheet 145 .78 City of Burnsville Training course 1,350 .00 Ebay Display port cables 9.70 GTS Educational Events MCMA Conference 515 .00 Office Depot Copy paper 115 .65 Store Supply Warehouse Show case 811.94 EXHIBIT "A" TO RESOLUTION #2016-090 Page 3 LIBRARY Baker and Taylor Materials 484.30 Brodart Co Materials 1,681.74 Danielson Susie Volunteer Recog Reimbursement 315.24 Midwest Tape Materials 257 .99 Office of MN IT Services Telephone 711.71 Recorded Books Inc Materials 19 .99 Security Response Services Inc Security Monitoring 168 .12 Stillwater Printing Co . Supplies 95.00 Toshiba Business Solutions Maintenance Contract 78 .46 Vasilakes Jody Expense Reimbursement 67 .75 LIBRARY CREDIT CARDS Amazon .com Materials 232 .86 American Library Association Supplies 25 .00 Book Master Materials 14.30 Dream Host Monthly Website Fee 19.95 Vista Print.com Supplies 46.06 APRIL MANUALS Detroit Lakes Fire Dept Conference fees 700.00 Lowes Home Centers Inc Paint 341 .17 Postmaster UB Billing Postage 2 ,870 .65 Verizon Wireless Police Mobile Broadband 603 .25 MEMORANDUM To: Mayor and City Council From: Date: Shawn Sanders, Director of Public Works April 2s?t16 Subject: Technical Services Agreement with Washington Conservation District DISCUSSION Attached is an agreement with the Washington Conservation District (WCD) for maintenance on rain gardens on city property with the Lily Lake and Lake McKusick watershed. The agreement would be in place for the 2016 season and includes the WCD coordinating Minnesota Conservation Corps (MCC) personnel for the maintenance of raingardens and reimbursement of plant and materials associated with the maintenance. The City's cost for the work would not $4000. RECOMMENDATION It is recommended that Council authorize the approval of the 2016 Technical Service Agreement between Washington Conservation District and the City of Stillwater. ACTION REQUIRED If Council concurs with the recommendation, a motion should be passed approving the 2016 TECHNICAL SERVICES AGREEMENT BETWEEN WASHINGTON CONSERVATION DISTRICT AND THE CITY OF STILLWATER RESOLUTION 2016-091 2016 TECHNICAL SERVICES AGREEMENT BETWEEN WASHINGTON COUNTY CONSERVATION DISTRICT AND THE CITY OF STILLWATER BE IT RESOLVED, by the City Council of Stillwater, MN that the technical services agreement between Washington County Conservation District and the City of Stillwater for maintenance of rain gardens on city property with the Lily Lake and Lake McKusick watersheds, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor and City Clerk to sign the contracts on the City's behalf. Adopted by the City Council of the City of Stillwater this 3rd day of May, 2016. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Agreement Number: 2016-01-Stillwater 2016 TECHNICAL SERVICES AGREEMENT BETWEEN WASHINGTON CONSERVATION DISTRICT AND CITY OF STILLWATER A. PARTIES This Agreement is made and entered into by Washington Conservation District, (WCD), and City of Stillwater (City). 8. PURPOSE WHEREAS, the City has requested assistance from the WCD to implement the policies specified in MINN. STAT. § 103A.206; and WHEREAS, the WCD is authorized to enter agreements to provide such assistance pursuant to MINN. STAT.§ 103C.331, SUBD. 3 and 7. NOW, THEREFORE, the parties agree as follows: C. TERM OF CONTRACT The term of this agreement shall be from April 15, 2016 to December 31, 2016 unless terminated earlier as provided herein. D. SCOPE OF SERVICES The WCD will perform all services and furnish and deliver work products generally described in the attached Exhibit(s), attached and made part of this agreement. E. COST In full consideration for services under this agreement, the WCD shall charge the City a fee for its staff services in accordance with the attached Exhibit(s). Costs for services for activities detailed in the attached Exhibit(s) include: Exhibit A -WCD Technical Services : $4,000 for materials. Materials will be billed at actual expense. F. BILLING PAYMENTS I WCD will bill the City for staff services and actual direct project expenses. For 2015, the services provided by the WCD hereunder shall be billed per the attached fee schedule: Invoices will be sent monthly and are payable by the City within 60 days. EQUAL EMPLOYMENT OPPORTUNITY -CIVIL RIGHTS During the performance of this Agreement, the WCD agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance, criminal record, creed or national origin, be excluded from full employment rights in, be denied the benefits of, or be otherwise subjected to discrimination under any program, service, or activity under the provisions of and all applicable federal and state laws against discrimination including the Civil Rights Act of 1964. If during the term of this Agreement, it is discovered the WCD is not in compliance with the applicable regulations as aforesaid, or if the WCD engages in any discriminatory practices, then the City through the office, may cancel said Agreement as provided by the cancellation clause of this Agreement. H. STANDARDS Page 1 Agreement Number: 2016-01-Stillwater The WCD shall comply with all applicable Federal and State statutes and regulations as well as local ordinances now in effect or hereafter adopted. Failure to meet the requirements of the above may be cause for cancellation of this contract effective the date of receipt of the Notice of Cancellation. I. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purpose in the course of the WCD's performance of the Agreement is governed by the Minnesota Government Data Practices Act, Minnesota 1984, Section 13.01, et seq., or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. The WCD agrees to abide by these statutes, rules and regulations _and as they may be amended. J. AUDITS, REPORTS, AND MONITORING PROCEDURES The WCD will: l. Maintain records that reflect all revenues, cost incurred and services provided in the performance of the Agreement. 2. Agree that the City, County, the State Auditor, or legislative authority, or any of their duly authorized representatives at any time during normal business hours, and as often as they may deem reasonably necessary, shall have access to and the rights to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., and accounting procedures and practices of the WCD which are relevant to the contract. K. INDEMNITY The WCD and the City mutually agree, to the fullest extent permitted by law, to indemnify and hold each other harmless for any and all damages, liability or cost (including reasonable attorneys' fees and costs of defense) arising from their own negligent acts, errors or omissions in the performance of their services under this agreement, to the extent each party is responsible for such damages and losses on a comparative basis of fault. Parties agree to provide proof of contractual liability insurance upon request. L. INDEPENDENT CONTRACTOR It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the WCD as the agent, or employee of the City for any purpose or in any manner whatsoever. The WCD is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The WCD represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of the WCD or other person, while engaged in the performance of any work or services required by the WCD under this Agreement, shall have no contractual relationship with the City and shall not be considered employees of the City. M. MODIFICATIONS Any material alteration or variation to this agreement shall be reduced to writing as an amendment and signed by the parties. Any alterations, modification, or variations deemed not to be material by agreement of the WCD and the City shall not require written approval. N. MERGER Page 2 Agreement Number: 2016-01-Stillwater It is understood and agreed that the entire agreement of the parties is contained here and that this contract supersedes oral agreements and negotiations between the parties relating to this subject matter. All items referred to in this contract are incorporated or attached and deemed to be part of the contract. 0. TERMINATION Either the WCD or the City may terminate this Agreement with or without cause by giving the other party thirty {30) days written notice prior to the effective date of such termination. If the City terminates this Agreement without cause, it shall pay to the WCD for services performed up to the date of termination. IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. APPROVED: CITY WCD BY: BY: _____________ _ Date Date Board Chair Title Title BY: Date Date District Manager Title Title Page 3 Agreement Number: 2016-01-Stillwater EXHIBIT A 2016 TECHNICAL SERVICES AGREEMENT BETWEEN WASHINGTON CONSERVATION DISTRICT (WCD) AND CITY OF STILLWATER (City) At the request of the City the WCD shall furnish the following services under the terms of the AGREEMENT. Task 1: MCC Maintenance Materials Funds Not To Exceed $4,000 The WCD will coordinate MCC crews for the maintenance of Stillwater Raingardens. The City will reimburse up to $4,000 of materials costs related to the maintenance of the raingardens. Task 1 Estimate: Not to Exceed $4,000 Tasks 1 Total Estimate: Not to Exceed $4,000 for Materials Reimbursement Page 4 Agreement Number: 2016-01-Stillwater 2015 Technical Services Rate Schedule The Washington Conservation District shall use the following rate schedule. Seasonal $38 Technician $54 Senior Technician/Specialist $59 Senior Tech II/Specialist II $65 Engineering Specialist $78 Senior Specialist $78 District Manager $78 Technical services provided by the WCD will be billed in accordance with this Rate Schedule. Invoices are generally sent on a quarterly basis (unless other arrangements are made) and will summarize the work performed. Invoices are payable within 60 days. Office supplies, in-house reproduction expenses, and transportation are included in the rates noted above. Out source reproduction, special bulk mailings, equipment, supplies, and other non-ordinary costs are not included. Any direct costs are to be reimbursed at actual cost. Page 5 MEMORANDUM TO: Mayor and City Council FROM: Tim Moore, Public Works Superintendant DATE: April 22, 2016 SUBJECT: Possible Purchase Dodge Ram 4500 with Contractor Body and Crane Background Currently the City of Stillwater Public Works Department has a 2001 Ford F350 with a contractors body and crane used in the utilities department. It has 145, 700 miles, is mechanically unreliable and undersized for the department's needs. Discussion Staff has received quotes on State Bid and from Fury Motors on the Dodge Ram 4500 cab and chassis. State bid contractors do not have any inventory in the 2016 model year, but Fury can get a 2016. Fury's price is $36, 747.00 or $1793.00 more that State Bid pricing with an increase of $1000.00 expected for the 2017 model year. Additionally staff received a quote from Truck Utilities on state bid for the contractors body and crane of $33,585.90 with a trade of the 2001. Increase on the 2017 state bid pricing is expected to be 5% or $1679.30. This would be a total increase of $2679.30 for the 2017 model year or $886.30 more than purchasing the 2016 model year. Recommendation Staff recommends the purchase of the new 2016 Dodge Ram 4500 Cab and Chassis from Fury Motors for $36,747.00 and the contractors body and crane from Truck Utilities on state bid for $33,585.90 for a total of $70,334.90. Funds will come from the Sanitary Sewer Capital Outlay carry over of $65,000.00 with the remainder of $5334.90 coming from the Sanitary Sewer Machinery and equipment Fund. Memorandum To: Mayor and City Council From: Diane Ward, City Clerk Date: 4/29/2016 Subject: Transfer of Tobacco License – 2040 Market Drive DISCUSSION: An application to transfer the tobacco license at Stillwater Tobacco Shop at 2040 Market to Northgate, Inc., DBA: Still Tobacco 2. RECOMMENDATION: Staff recommends approval contingent upon the satisfactory investigation, inspections, and approvals from the Police, Fire, Building, and Finance Departments. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting a resolution entitled “APPROVING TRANSFER OF TOBACCO LICENSE FROM STILLWATER TOBACCO SHOP, INC. DBA: STILLWATER TOBACCO SHOP TO NORTHGATE, INC., DBA: STILL TOBACCO 2” contingent upon the satisfactory investigation, inspections, from Police, Fire, Building, and Finance Departments RESOLUTION 2016-092 APPROVING TRANSFER OF TOBACCO LICENSE FROM STILLWATER TOBACCO SHOP, INC. DBA: STILLWATER TOBACCO SHOP TO NORTHGATE, INC., DBA: STILL TOBACCO 2 WHEREAS, a request has been received from Badawi Junaidi for the transfer of a tobacco license from Stillwater Tobacco Shop, Inc., 2040 Market Drive; and WHEREAS, approval is contingent upon fulfilling all requirements to hold a Wine and Strong Beer liquor license, the satisfactory investigation, inspections, and approvals from the Washington County, Police, Fire, Building, and Finance Departments. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the transfer of the tobacco license from Stillwater Tobacco Shop, Inc. DBA: Stillwater Tobacco Shop to Northgate, Inc., Dba: Still Tobacco 2 at 2040 Market Drive, Stillwater, MN. Adopted by Council this 3rd day of May, 2016. _____________________________ Ted Kozlowski, Mayor Attest: _______________________________ Diane F. Ward, City Clerk MEMORANDUM TO: Mayor and City Council FROM: Shawn 'tenders, Director of Public Works DATE: April 27th November 24th, 2014 SUBJECT: Long Lake Rain Gardens Agreements DISCUSSION: This past year, the Browns Creek Watershed District (BCWD) applied and received a Clean Water Grant for Rain Gardens in the Long Lake Watershed. This project would benefit Long Lake by reducing the amount of runoff, phosphorous, and suspended solids by way of infiltration through rain gardens. The BCWD solicited the project to the neighborhood and received interest and resulted in several rain gardens being installed the neighborhood. As part of the grant, a requirement was to get buy in/approval from the City and cooperate with the District and the homeowners on the project. An agreement has been prepared by the district which spells out responsibilities and duties of each party. The City's responsibilities are minimal in that we permit the use of the right- of-way and will meet to confer on damages due to our maintenance work. Attached is an agreement from one of the properties in the project area. Since there are number of agreements for signature it is proposed to have council approve the agreement and give authority to the City Engineer to sign on the City's behalf. RECOMMENDATION: It is recommended that Council approve agreement as presented and give authority to the City Engineer to sign on the City's behalf. ACTION REQUIRED: If Council concurs with the staff recommendation, they should pass motion approving the agreement between the Homeowner, City of Stillwater and the Browns Creek Watershed District on the Long Lake Rain Garden Project and give authority to the City Engineer to sign the agreements on the City's behalf. RESOLUTION 2016-093 APPROVING LONG LAKE RAIN GARDENS AGREEMENTS BETWEEN THE HOMEOWNER, BROWNS CREEK WATERSHED DISTRICT AND CITY OF STILLWATER BE IT RESOLVED, by the City Council of Stillwater, MN that the Long Lake Rain Gardens Agreements between the homeowner, Browns Creek Watershed District and the City of Stillwater for installation of rain gardens, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the City Engineer to sign the contracts on the City's behalf. Adopted by the City Council of the City of Stillwater this 3rct day of May, 2016. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk O BROWN'S CREEK WATERSHED DIST. BOUNDARY Long Lake Retrofit Proposed Curb Cut Raingarden Locations Location Map Project Vicinity Map r]I Long Lake Raingardens !~BROWN'S .. ,., ltA>W,.lll• Awt ... I HtAEBY CERTlF'Y THAT TMS PUN, SP£0F1CA. TION . . CREEK UAIIIUAlt MN OR REPORT WAS PREPARED BY ME OR UNDER WY ,.,1,11 DIRECT SUPER"1SION AN> THAT I AM A DULY LICENSED ------PAOfESSIONAL ENQNEEA UNDER lHE LAIIIS ~ 1HE Croixwood-Benson Neighborhood CLEAN I WATERSHED .. , ..... .uu,.,.,, .......... , STAT[ Of WINNtSOTA. WATER . DISTRICT I t JO. :t• ~ I .All I :;;--~ 1--\Z.. PAIE:~ LAND & WWW.II< Wl).0R4.0 LEGACY .-SA..-RIEG. NO. 441311 Table of Contents '- l \l!\!\ll 'd lfflEDErAL 25680 0.59 200 $27.00 SS,400.00 $787.17 43545 1.000 280 $27.00 $7,560.00 $769.31 28475 0.654 200 $27.00 $5,400.00 $819.42 REDUCTIONS wav TSS TP n<N wav TSS TP "TKN WQV TS S TP n<N 221sa1 wav 5.087 TSS 280 TP $27.00 n<N $7,560.00 $598.57 25815 0.593 250 $20.00 $5,000.00 $845.74 113165 2.598 BOO $18.00 $14,400.00 $671 .33 458,261 10.52 2010 $24.33 $45,320,00 $748.59 DRAFT wav TSS TP "TKN wav TSS TP n<N 5.31 wav 11a,129 TSS 2,701 TP 6.3 "TKN 16.3 COVER Deslgned_BJP _ ea.._21161i6 Drawn ___ Da .. __ Checked ___ Da .. ., AGREEMENT AMONG SANDRA & TIMOTHY HAYNER, CITY OF STILLWATER AND BROWN'S CREEK WATERSHED DISTRICT Long Lake Neighborhood Rain Garden Project This agreement is entered into by and among SANDRA & TIMOTHY HAYNER, a married couple (Homeowners) and fee title owners of a single-family residential property at 1357 Lydia Circle in City of Stillwater, Minnesota, and shown on the plat in Exhibit A, attached to and incorporated into this agreement (the Property); the City of Stillwater, a home rule charter city and political subdivision of the State of Minnesota (City) and holder of the drainage and utility easement shown in Exhibit A; and the Brown's Creek Watershed District, a special purposes local unit of government under Minnesota Statutes chapters 103B and 103D, (District) (all together, the Parties). The agreement allocates rights and responsibilities among the Parties for the construction and maintenance of a curb-cut stormwater-management rain garden (the Rain Garden) within an easement dedicated to public use for drainage and utility purposes on the Property to improve the stormwater management system to provide treatment of runoff from the Croixwood and Benson Park neighborhoods to reduce phosphorous loads to Long Lake (the Project). The planned location of the Rain Garden is shown on Exhibit A. In consideration of the mutual terms and conditions set forth herein, including the obligations of mutual consideration, the sufficiency of which is hereby acknowledged by each and all of the Parties, Homeowners, City and District agree as follows: 1. Rain Garden Design and Construction District will produce draft plans and specifications, including a plant list, for the Rain Garden and will provide the plans to Homeowners and City for a minimum of 15 days to allow Homeowners and City to provide comment and suggestions. District will incorporate changes to address Homeowners' and City's comments in finalizing the plans and specifications as fully as possible. District will select a contractor to construct the Rain Garden in accordance with the final plans and specifications. District will oversee construction. Homeowners and City authorize District and District agrees to obtain all permits, licenses and regulatory approvals necessary for construction of the Rain Garden in the name of District, City and Homeowners, with the cooperation and assistance of Homeowners and City, including but not limited to City approvals. District will provide for the establishment of plants and maintenance of the Rain Garden for the two years after completion of construction. During the establishment and maintenance period, District will train Homeowners in the implementation of the Hayner-City of Stillwater- Brown' s Creek Watershed District 1 Long Lake Neighborhood Rain Garden Project Agreement maintenance plan and schedule attached to and incorporated into this agreement as Exhibit B, as it may be amended to account for the final design and construction of the Rain Garden. In the event that Homeowners elect to convey the Property prior to the conclusion of the two-year period in which the District will establish and maintain the Rain Garden, Homeowners will notify District at least 30 days before conveying the Property and will facilitate communication between District and the subsequent purchaser of the Property to help ensure construction, establishment of the Rain Garden in accordance with the final plans and specifications and continued maintenance of the Rain Garden in accordance with Exhibit B. 2. Maintenance At the conclusion of the two-year period during which maintenance will be provided by District, Homeowner will assume the obligation to maintain the Rain Garden in accordance with Exhibit B for 10 years from the date of completion of construction or as long as Homeowners retain ownership of the Property, whichever is shorter. Homeowners will notify District at least 30 days before Homeowners convey the Property and will facilitate communication between District and the subsequent purchaser of the Property to help ensure continued maintenance of the Rain Garden in accordance with Exhibit B. In the event of a determination by District that Homeowners or their successors in interest have failed to maintain the Rain Garden in accordance with Exhibit B, District may reassume the obligation to maintain the Rain Garden within the 10 years from the date of completion of construction. 3. Funding a. All costs of design, permitting, construction and establishment of the Rain Garden according to the final plans and specifications, including costs of establishing plants and maintenance of the Rain Garden in accordance with Exhibit B for two years after completion of construction, will be borne by District, except that each of the Parties will bear its own administrative, legal and incidental costs. District also will bear costs as provided in section 7 of this agreement. b. Homeowners will bear at their sole expense the costs of maintaining the Rain Garden in accordance with Exhibit B for as long as Homeowners remain obligated to maintain the Rain Garden. Hayner-City of Stillwater- Brown' s Creek Watershed District 2 Long Lake Neighborhood Rain Garden Project Agreement 4. Project Easements a. Homeowner hereby grants and conveys to District the right to access and use the Property for purposes of construction, establishment, maintenance and inspection of the Rain Garden. City, as trustee for the public use of the drainage and utility easement on the Property as provided in Exhibit A, consents to the grant of easement to District and agrees that its rights in the Property are consistent with the grant of easement to District. The rights granted to District are limited to the area in and around the Rain Garden, as shown in Exhibit A (Rain Garden Area). The easement is granted to permit District to access and enter the Rain Garden Area to fulfill its obligations under this agreement. b. No party to this agreement will be compensated by another for the easements granted hereby. 5. Warranty a. All construction and maintenance activities undertaken by District and Homeowner on the Property will be conducted in a safe and workmanlike manner. In the event the Property is damaged by the District's activities relating to, or arising from, the exercise of any rights under this agreement, the party responsible will promptly repair or restore any damage to the Property to the extent reasonably practicable, including alteration of existing grades and grading, filling and other activities within the Rain Garden Area as necessary to ensure the function, values and health of the Rain Garden. b. In the event that the Rain Garden is damaged within 12 years of the date of execution of this agreement by City in the course of its maintenance or improvement of the street and right-of-way adjacent to the Property, including control of snow and ice and storage of snow in the right of way, City and District will meet to assess options for repair, restoration or replacement of the Rain Garden, including but not limited to funding of such repair, restoration or replacement. 6. Signage; Public Access; Publicity District, at its own cost and in consultation with Homeowners, may place and maintain appropriate signage on the Property identifying and describing the Rain Garden and informing the public of its purposes. On reasonable notice to Homeowner, District representatives may accompany members of the public onto the Property to view the Rain Garden from time to time. This agreement does not create any right of public entry onto Homeowner' s property except as coordinated with Homeowner as provided herein. In communicating to funding or oversight agencies or in public communications Hayner-City of Stillwater- Brown' s Creek Watershed District 3 Long Lake Neighborhood Rain Garden Project Agreement about District programs, District may cite the Rain Garden and its location and may depict the Rain Garden in text, photographs or other media. 7. Independent Relationship No employee, representative, contractor or consultant of any party to this agreement has acted or may act in any respect as the agent or representative of any other party. 8. Remedies Only contractual remedies are available for a party's failure to fulfill the terms of this agreement. 9. Indemnification; Immunities District agrees to def end, after District defense indemnify, and hold harmless Homeowner and City from and against any and all suits, actions, causes of action, claims or proceedings arising out of District's design, construction or maintenance activities pursuant to this agreement, except to the extent such suit, action, cause of action, claim or proceeding arises from actions or inactions of Homeowner or City for which that party would be independently subject to liability. Except as specifically provided herein, each party is responsible for its own acts and omissions and the results thereof. Minnesota Statutes chapter 466 and other applicable law govern City's and District's liability. A party's approval of or concurrence in plans prepared by or on behalf of another party is solely to allow the first party to ascertain the nature and timing of its own contributions to the work described by this agreement. Such approval does not in any respect constitute a certification or warranty to the other party, or any third party, of plans and specifications. No action or inaction of a party under this agreement creates a duty of care for the benefit of any third party. This agreement creates no right in and waives no immunity, defense or liability limitation with respect to any party not a party to this agreement. Notwithstanding any other term of this agreement, District and City waive no immunities in tort. Pursuant to Minnesota Statutes section 471.59, subdivision la, neither City nor District will be liable for the acts or omissions of the other. For purposes of determining total liability for damages, District and City are considered a single governmental unit and District's and City's total liability will not exceed the limits on governmental liability for a single governmental unit as specified in section 466.04, subdivision 1. 10. Insurance Homeowners will remain solely responsible for maintaining property, liability and other insurance for their own use of the Property. Hayner-City of Stillwater- Brown' s Creek Watershed District 4 Long Lake Neighborhood Rain Garden Project Agreement 11. Effective Date; Expiration; Survival of Obligations The agreement is effective when fully executed by the Parties and expires fifteen (15) years thereafter. All obligations that have come into being before expiration of this agreement, specifically including but not limited to obligations to maintain the Rain Garden, funding obligations, grants of easements, right to display signage, indemnification and obligation to insure survive expiration. 12. Notices Any written communication required under this agreement will be addressed to the other parties as follows, except that a party may change its address for notice by so notifying the other Parties in writing: To Homeowners: SANDRA & TIMOTHY HAYNER 1357 Lydia Circle Stillwater, MN 55082 Sandibeme@gmail.com 651-439-2540 To District: Administrator, Brown's Creek Watershed District 455 Hayward Ave North Oakdale, MN 55128 Karen.kill@mnwcd.org 651-330-8220 x26 To City: Director, Public Works/Engineering City of Stillwater Stillwater MN 55155-4025 13. Waiver A party's failure to insist on strict performance of any obligation under this agreement or to exercise any option, remedy or right herein will not waive or relinquish that party's right in the future to insist on strict performance of that or any other obligation. A party's waiver of a breach of an obligation of this agreement will not be construed as a waiver of any subsequent breach of that or any other obligation. A waiver must be in writing and signed by the party. Hayner-City of Stillwater- Brown' s Creek Watershed District 5 Long Lake Neighborhood Rain Garden Project Agreement 14. Compliance With Laws In performing their obligations and exercising their rights under this agreement, the Parties will ensure that no person is excluded from full employment rights or participation in or benefits of any program, service, or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public- assistance status or national origin, and that no person protected by applicable federal or state laws, rules or regulations against discrimination is subject to discrimination. 15. Governing Law; Venue This agreement will be governed by and interpreted in accordance with the laws of the State of Minnesota. Venue for all legal proceedings arising out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Washington County, Minnesota. 16. Merger This agreement contains all the negotiations and agreements among the Parties. No other understanding regarding this agreement, whether written or oral, binds any party. 17. Amendment Any amendment to this agreement must be in writing and will not be effective until it has been signed by the Parties. District may amend this agreement only by action of the Board of Managers acting as a body. 18. Definition The use of the term "District" in this agreement includes and incorporates, for purposes of the obligations and rights provided herein, any District manager, employee, assign, agent or contractor. Hayner-City of Stillwater- Brown' s Creek Watershed District (signatures next page) 6 Long Lake Neighborhood Rain Garden Project Agreement INTENDING TO BE BOUND, THE PARTIES EXECUTE AND DELIVER THIS AGREEMENT. [HOMEOWNER(S)] Sandra Hayner Timothy Hayner CITY OF STILLWATER Name: ----------- Its:------------ APPROVED AS TO FORM & EXECUTION District Counsel BROWN'S CREEK WATERSHED DISTRICT By:~~~~~~~~~~~ Karen Kill Its administrator Hayner-City of Stillwater- Brown' s Creek Watershed District 7 Long Lake Neighborhood Rain Garden Project Agreement Exhibit A Plat and Rain Garden Location Hayner-City of Stillwater- Brown' s Creek Watershed District 8 Long Lake Neighborhood Rain Garden Project Agreement Exhibit B Rain Garden Maintenance Plan & Schedule Owner must regularly inspect and repair or replace the rain garden's components, plants and mulch. Generally, this involves routine maintenance similar to any vegetated landscaped area. Maintenance should be undertaken as follows and according to the following schedule: a.Inspection of the rain garden area should occur after rain events when any clogging will be obvious, in the spring prior to first rain events, and in the fall after leaf fall. b.Cleanout of accumulated sediment and debris in the sediment pretreatment box and on the filter wall of this box. c.Cleanout of accumulated sediment and debris in the rain garden area. d.Visually inspect and repair erosion monthly. Use small stones to stabilize erosion along drainage paths. e.Re-mulch any void areas by hand as needed. f.Once a month (more frequently in the summer), visually inspect vegetation for disease or pest problems. g.If chemical treatment is desired, use the least toxic approach. h.Twice a year, first between March 15 and April 30, then again between October 1 and November 30, remove and replace all dead and diseased vegetation considered beyond treatment. i.During times of extended drought, look for physical features of stress (unrevived wilting, yellow, spotted or brown leaves, loss of leaves, etc.). Water in the early morning as needed. j.Weed regularly, as needed. k.Prune excess growth annually or more often, if desired. Trimmed materials may be recycled back in with replenished mulch. After rainstorms, inspect the cell and make sure that drainage paths are clear and that ponding water dissipates over 24 hours. (Water may pond for longer times during the winter and early spring.) Hayner-City of Stillwater- Brown' s Creek Watershed District 9 Long Lake Neighborhood Rain Garden Project Agreement Memorandum To: Mayor and City Council From: Diane Ward, City Clerk Date: 4/29/2016 Subject: Downtown Parking Commission Mr. Brad Glynn was appointed to the Downtown Parking Commission on November 3, 2015, to fill the open seat of David Junker, with a term expiration of May 1, 2016. Knowledge of his expiring term was erroneously omitted from the last Council meeting wherein we believed we had completed the annual process. We have since contacted him and he desires reappointment. ACTION REQUIRED: If Council wishes to reappoint Mr. Glynn, Council should adopt a resolution entitled Reappointment to Downtown Parking Commission. /nm REAPPOINTMENT TO DOWNTOWN PARKING COMMISSION NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, hereby reappointed the following at their May 3, 2016 regular City Council meeting: Brad Glynn Term Expires – May 1, 2019 Adopted by Stillwater City Council this 3rd day of May, 2016. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk c.Still~te~ ,·---~ Administration ) Memorandum To: From: Date: Re: Mayor & City Council Nancy Manos, Admin Secretary Diane Ward, City Clerk 4/29/2016 Commission Appointment Corrections In following up with the Commissions appointments after the last meeting, a scrivenor error was discovered with the Park & Rec Commission new members, McGlynn and Nelson, terms ending May 1, 2019. Mr. McGlynn is filling the unexpired term of Sol veg Peterson, and Mr. Nelson is filling the unexpired term of Don Stiff, both terms end May 1, 2017. Attached is Resolution 2016-089, Approval of Appointments to the Commissions of Downtown Parking, Heritage Preservation, Human Rights, Park and Recreation, Planning, and Traffic Safety Review Committee, dated April 19, 2016, with the corrected end of terms. We apologize for any confusion this may have caused. /nm RESOLUTION 2016-089 APPROVAL OF APPOINTMENTS TO THE COMMISSIONS OF DOWNTOWN PARKING, HERITAGE PRESERVATION, HUMAN RIGHTS, PARK AND RECREATION, PLANNING, AND TRAFFIC SAFETY REVIEW COMMITTEE NOW THEREFORE, BE IT RESOLVED, that City Council of the City of Stillwater, Minnesota, at their April 19th, 2016 regular City Council meeting hereby appoints the following: Commission Member DowntownParking ................................ sherriHopfe Downtown Parking Ryan Lettner Heritage Preservation ............... ElizabethWelty Human Rights Claire Sand Park and Recreation ........................... BiHMcGlynn Park and Recreation Sam Nelson Ward 1 2 2 3 3 Term Term Ending I 2nd May 1, 2019 2nd May 1, 2019 1st .................... Mayl, 2017 I 2 1st May 1, 2017 .... Planning Planning , ..... E ....... r ...... i ... c .......... H ......... a ...... n ....... s ...... e ....... n .......................................... 1 ..••..••......... 2 .......................... , ......................... 3 ....... r ..... d.............................. M?Y), ?019 Anne Siess 3 3rd Mayl,2019 Traffic Safety Review Stan Miller 4 1st I May 1, 2019 I 1st ........ . M?Yl, ?019 I Adopted by Stillwater City Council this 19th day of April, 2016. Ted Kozlowski, Mayor ATTEST Diane F. Ward, City Clerk Receipt Number ___ _ Check No. · -----Amount Paid: ____ _ Fee: $100.00 TII IIATNPLACI If •IIIIIIIA APPL/CAT/ON FOR SALE OF FIREWORKS APPLICATION MUST BE SUBMITTED 45 DAYS PRIOR TO STARTING DATE OF SALE REQUIRES CITY COUNCIL APPROVAL & INSPECTION BY THE FIRE DEPARTMENT Name of Applicant CUB FOODS-STILLWATER Home Address -------------------------------- Name of Business CUB FOODS ---------------------------------- Business Address 1801 MARKET DRIVE, STILLWATER, MN 55082 Corporate Address (if different than business address) __________________ _ Telephone (Business): b,Sl-L\30.,. 2$5 0 Home Phone ------------~ Beginning Date of Sale: UPON APPROVAL End Date of Sale: 7/9/2016 Hours of Operation: ___ _ Location of Display INSIDE THE STORE @ CUB FOODS REQUIRED ATTACHMENTS: The following attachments must be included with this application: 1. Permit Fee -$100.00 2. Proof of bond or certificate of insurance in an amount of not less than $1,000,000.00 showing the City of Stillwater as an additional insured. 3. A diagram of the grounds or facilities (for indoor sales) drawn to scale or with dimensions included. Make Check or Money Order payable to the CITY OF STILLWATER and return to the OFFICE OF THE CITY CLERK, 216 N. 4TH ST, STILLWATER, MN 55084 FOR OFFICE USE ONLY The sale of the listed fireworks at the location shown on this application is hereby approved, subject to the following conditions if any: Signature of Fire Chief: __________________ Date: __________ _ The sale of the listed fireworks on the date and at the location shown on this application is hereby approved subject to the following conditions if any: Signature of Police Chief: ________________ Date:. _________ _ The sale of the listed fireworks at the location shown on this application is hereby approved, subject to the following conditions if any: Signature of City Clerk: ___________________ Date: __________ _ Approval Date of Stillwater City Council:------------ PermftNo.: ______________________ _ TNT® FIREWORKS Site Plan Worksheet ADDRESS WO\ 'J\1,W.ksz* Ob , CITY S\-v;), STATE (Y\~-ZIP S_f0~1,_ PHONE {S/-t./:JO -21~0 STORENAME/LOCATION# C.~ \?co~ Srl;i,l\~, (YLV\ TYPE OF EVENT: In-store sales of state-approved fireworks NORTH £i,-SOUTH SPECIALINSTURCTIONS _____________________ _ ACORD9 CERTIFICATE OF LIABILITY INSURANCE 11/1/2016 I DATE (MM/DDNYYY) ~ 3/9/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies CONTACT NAME: 3280 Peachtree Road NE, Suite #250 r.~~NJ~ ~-"· f..0~ Nol: Atlanta GA 30305 E-MAIL (404) 460-3600 ADDRESS: INSURERISl AFFORDING COVERAGE NAIC# INSURER A: Everest Indemnitv Insurance Comnanv 10851 INSURED American Promotional Events, Inc. INSURER B: 1359629 DBA TNT Fireworks, Inc. INSURERC: P.O. Box 1318 INSURER D: 4511 Helton Drive INSURER E: Florence AL 35630 INSURER F: COVERAGES CERTIFICATE NUMBER· 12292506 REVISION NUMBER· xxxxxxx THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDL SUBR INSR 1 POLICY EFF tOLICYEXP LTR TYPE OF INSURANCE •~~n =•n POLICY NUMBER MM/DD/YYYYl MM/DD/YYYYl LIMITS A x.. COMMERCIAL GENERAL LIABILITY N N SJ8GL00242-151 11II/2015 11/1/2016 EACH OCCURRENCE $ 1000000 D CLAIMS-MADE [xJ OCCUR DAMAGE TO RENTED f----- PREMISES IEa occurrence I $ 500 000 MED EXP (Any one person) $ 5 000 -PERSONAL & ADV INJURY $ 1000000 -GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2 000 000 =l DPRO-[xJ LOC PRODUCTS -COMP/OP AGG $ 2 000 000 POLICY JECT OTHER: $ AUTOMOBILE LIABILITY NOT APPLICABLE if:~~~~~~~llNGLE LIMIT $ xxxxxxx -ANY AUTO BODILY INJURY (Per person) $ xxxxxxx -ALL OWNED -SCHEDULED BODILY INJURY (Per accident) ~$_XXXXXXX -AUTOS -AUTOS ---- NON-OWNED ;p~~~zc':'Je~gAMAGE $ xxxxxxx HIRED AUTOS AUTOS --$ xxxxxxx UMBRELLA LIAB H OCCUR NOT APPLICABLE EACH OCCURRENCE $ xxxxxxx f----- EXCESS LIAB CLAIMS-MADE AGGREGATE $ xxxxxxx DED I I RETENTION $ $ xxxxxxx WORKERS COMPENSATION NOT APPLICABLE I PER 1 1 OTH- STATUTE ER AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETORIPARTNERIEXECUTIVE D N/A E.L. EACH ACCIDENT $ xxxxxxx OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ xxxxxxx If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ xxxxxxx DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarl<s Schedule, may be attached if more space is required) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER, APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S) REFERENCED. Certificate holder is an additional insured on the General Liability as required by written contract subject to policy tenns, conditions, and exclusions. CERTIFICATE HOLDER CANCELLATION 12292506 CUB FOODS WEST 30254 CITY OF STILLWATER 1801 MARKET DRIVE STILLWATER MN 55082 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD J/r / !J.k~{l'/k.d CL/-.f{oAk MATERIAL SAFETY DATA SHEET -Consumer Fireworks SECTION 1 -IDENTITY: Consumer Fireworks at Retail Locations Importer's Name American Promotional Events/TNT Fireworks Emergency Telephone Nonna] Business Hours -800-243-1189 Number After Hours -ChemTel -800-255-3924 Address Corporate Office 4511 Helton Dr. Florence, AL 35630 SECTION 2 -Hazardous In2redients/Identity Information Consumer fireworks contain various mixtures of oxidizers and fuels, and are designed to bum and produce visible and audible effects when they are caused to ignite by a user. The oxidizers include potassium nitrate, strontium nitrate and potassium perchlorate. Fuels include charcoal, sulfur, starch, and aluminum. All chemical composition is contained within the device, and there should be minimal-to-no exposure to the chemicals under normal conditions of handling of the type typically involved in retail sales operations. The chemical mixtures are stable to temperatures up to at least 250°F, and no ignition of these devices should occur during normal handling, transportation, movement, and storage. A match or other flame or heat source is required to ignite the fuse on the devices in order to cause the devices to operate. SECTION 3-PHYSICAL/CHEMICAL CHARACTERISTICS Boiling Point NIA Specific Gravity (H20=1) NIA Vapor Pressure (mm Hg) NIA Melting Point NIA Vapor Density (AIR=l) NIA Evaporation Rate (Butyl Acetate= 1) NIA -All solids Solubility in Water: slight Annearance and Odor: All chemical composition is contained inside a cardboard or other container SECTION 4-FIRE AND EXPLOSION HAZARD DATA Flash Point (Method Used) Ignition temperature exceeds 250°F Flammable Limits NI A -no vapor present LEL NIA I UEL NIA I Extinguishing Media Water Special Fire Fighting Procedures: Evacuate the area ifa fire reaches the fireworks and they begin to bum vigorously. Allow sprinklers to function, if present-they should control the fire. Otherwise, evacuate the area and await arrival of fire fighters. Unusual Fire and Explosion Hazards -Suffocation methods should not be used -the devices contain their own oxygen. Use a strong water flow instead. A fire that has reached consumer fireworks may produce substantial smoke as well as flame, sparks, and burning projectiles. Once consumer fireworks begin burning, all persons must immediately evacuate the area. Only fire fighters wearing appropriate safety equipment should ever consider approaching an area where consumer fireworks are on fire. Remote firefighting methods should be use whenever possible. Where conditions permit, it may be advisable to allow the fireworks to bum to completion -this will greatly simplify clean-up efforts. SECTION 5-REACTIVITY DATA Stability J Unstable J Conditions to Avoid: Open flames, hot surfaces, J Stable x J rough handling Incompatibility (Materials to A void) none Hazardous Decomposition or Byproducts Considerable smoke may be produced in a fire Hazardous I May Occur I Conditions to Avoid: NIA Polymerization J Will Not Occur x I SECTION 6 -HEALTH HAZARD DAT A Routes of Entry Inhalation N I Skin N I Ingestion N Health Hazards Health hazards should be minimal -all chemical composition is contained (Acute and Chronic) inside sealed devices. If leakage occurs and contact with skin occurs, be sure to wash hands promptly, and before eating or drinking. Carcinogenicity NTP NIA I IARC Monographs NIA I OSHA Regulated NIA Signs and Symptoms NIA of Exposure Medical Conditions None, except in case of fire. Smoke exposure is then the greatest possible Generally Aggravated concern (in addition to fire). by Exposure Emergency and First Evacuate area if a fire reaches the fireworks. If smoke inhalation occurs, remove Aid Procedures persons to fresh air and contact emergency medical services SECTION 7 -PRECAUTIONS FOR SAFE HANDLING AND USE Steps to Be Taken in Cautiously pick up the spilled devices and place them in a marked container. Case Material is Contact your American Promotional/TNT representative for removal Released or Spilled instructions. Waste Disposal Method Contact your American Promotional/TNT representative for disposal information. Precautions to Be Taken Avoid extreme temperatures, open flame and sparks, and rough handling in Handling and Storing Other Precautions Intentional misuse/mischief poses the greatest concern with these devices in a retail setting. Monitor the fireworks display area on an ongoing basis, and keep young children, intoxicated persons, and any time of open flame out of the fireworks area. No smoking is ever permitted near fireworks. SECTION 8 -CONTROL MEASURES Respiratory Protection (Specify Type) NI A -no vapor or dust exposure with intact items Ventilation I Local Exhaust NI A Special NIA I Mechanical (General) NIA Other NIA Protective Gloves -not required for retail sales Eve Protection NIA Other Protective Clothing/Eauipment -none reauired for retail sales Work/Hygienic Practices -wash hands after handling fireworks and before eating or drinking 2 March 10, 2016 ATIN: STORE MANAGER-Cub Foods-Stillwater It is our usual policy to take care of all permitting for our customers. However, the City of Stillwater will not allow us to apply for your City of Stillwater Fireworks Sales permit. A representative of your store needs to contact the city to apply for your permit. Enclosed is an application along with all other necessary information and a check for $100 to cover the cost of permitting fees. Please comp,ete the application and contact the City of Stillwater Clerks Office located at 216 N. 4th Stillwater to acquire your permit. The number is 651-430-8802. Please apply for your permit as soon as possible as City Council approval is necessary. We apologize for this inconvenience but feel that strong Fourth of July sales will more than compensate. Thanks for all of your help concernlng this matter. If you have any questions, do not hesitate to contact our customer service hotline at 1-800-243-1189. Sincerely, Jake Harrington TNT® Fireworks HarringtonJ@tntfireworks.com AMERICAN PROMOTIONAL EVENTS, INC. P.O. BOX 1318 • 4511 HELTON DRIVE • FLORENCE, AL 35630 PHONE (256) 764-6131 • FAX (256) 760-0154 www.tntfireworks.com TO: Mayor & Council Members FROM: Bill Turnblad, Community Development Director DATE: April 26, 2016 RE: Ramp Ads Contract BACKGROUND Ramp Ads Marketing, LLC has approached the City with a request to consider allowing them to advertise in the City’s parking ramp. The Parking Commission heard a proposal from the company in March and approved of the concept of placing discrete ads in the ramp. They also approved of the method used by Ramp Ads for installing and removing the ads. Essentially, a shrink-wrap-like 3M film adheres to a wall with heat, and can be removed without wall damage or residue. In April the Commission worked through a draft contract. The City would receive 20% of the advertising revenue and would have no up-front costs. COMMENTS • Chris Christian of Ramp Ads will make a short presentation to the Council on May 3rd. • The Parking Commission unanimously approved the concept of advertising with the media and methods presented. • The Parking Commission unanimously approved the draft contract with two conditions: 1. Paragraph 1.4 should be revised so that the City would approve each ad before it is placed. The language currently says that if the City does not respond to a proposed ad, it will automatically be deemed approved. The Commission took exception to that and wants a no-answer to mean “no”, not “automatic approval”. 2. A committee of the Parking Commission will be formed to review each proposed ad for approval. Ramp Ads Page 2 REQUEST Staff asks the City Council to consider the request to place ads in the parking ramp. If that is acceptable, then staff asks the Council to consider the contract. If it is found to be satisfactory, the attached Resolution should be adopted approving it. bt Attachments: Parking Commission Report Draft Contract Resolution of Approval TO: Downtown Parking Commission FROM: Bill Turnblad, Community Development Director DATE: April 20, 2016 RE: Ramp Ads Contract BACKGROUND Ramp Ads Marketing LLC has approached the City with a request to consider allowing them to advertise in the City’s parking ramp. They are currently negotiating with the Cities of Minneapolis and St. Paul to advertise in their parking ramp systems. Last month the Parking Commission heard a proposal from the company and approved of the concept. As a result a draft contract has been submitted and is attached. COMMENTS The draft contract has been circulated amongst the Parking Commissioners. Comments and edits that were made on the first draft are included in this version. REQUEST Staff asks the Parking Commission to consider the current version of the contract and if found acceptable forward it to the City Council. bt 1 RAMPADS, L.L.C./CUSTOMER PARKING RAMP ADVERTISING AGREEMENT THIS PARKING RAMP ADVERTISING AGREEMENT (the “Agreement”), dated as of ______________, 2015, is by and between CUSTOMER (the “Customer”) and RampAds, L.L.C., a Minnesota limited liability company (“RampAds”). WITNESSETH: WHEREAS, Customer desires to hire an experienced company to sell and manage advertising services for spaces within Customer’s parking ramp; and WHEREAS, RampAds has the design, production and installation experience to provide such services; and WHEREAS, the Customer desires to engage RampAds to provide advertising services, and RampAds agrees to provide advertising services on behalf of the Customer; NOW THEREFORE, based upon these premises and in consideration of the mutual promises contained herein, the Customer and RampAds agree as follows: ARTICLE I Advertising Services 1.1 Exclusive Services by RampAds In accordance with the terms of this Agreement, RampAds shall provide exclusive sales, installation and management services for the Customer’s Parking Ramp, excluding all skyway bridges to the Ramp. RampAds shall sell, install, maintain, repair, modify and reconstruct, as necessary, visual advertising (“Signs”) in spaces set aside for this purpose in all existing Customer-owned parking ramps. Customer’s Parking Ramp is located at __________________________________. RampAds shall also undertake and administer all accounting, sales and billing required in the sale and installation of the advertising. 1.2 – reserved – 1.3 Space Selection Customer shall designate spaces in the Parking Ramp for the placement of advertising and shall provide RampAds with a signed Parking Ramp map showing such approved locations. RampAds may decline to use designated space(s) if the condition of the surface of such designated space(s) would, in RampAds sole discretion, require too much preparation for proper application of the advertising material. 2 1.4 Approval of Signs RampAds shall provide Customer with proofs of advertising concepts in either a reduced-size, hard-copy or an online PDF for all signs proposed for each Parking Ramp. Customer shall have 10 (10) business days to approve or reject the proposed Signs. If Customer does not approve or reject the proposed Signs within such time, it shall be deemed denied (unapproved). 1.5 Rejection of Signs Customer has the right to reject any Sign which interferes with the safe operation of the Parking Ramp or with the placement or safe operation of Customer equipment. The determination as to whether any Sign interferes with the safe operation of the Parking Ramp shall be within the sole determination of the Customer. RampAds will rely on Customer’s determination of placement and safety of approved Signs; if any installed Sign is subsequently found to interfere with the safe operation of the Parking Ramp or with the placement or safe operation of Customer equipment, RampAds shall be entitled to compensation for only reasonable direct costs associated with the removal and reinstallation of the Sign. 1.6 Sale and Installation of Signs a. RampAds is responsible for sale, installation and removal of all Signs. Any Sign sales generated or discovered by Customer will be promptly referred to RampAds. b. Installation of Signs may occur at any time. All RampAds activities relating to the installation and removal of Signs shall be undertaken and conducted so as not to unreasonably interfere with safe and orderly parking operations by the Customer. c. RampAds shall supply, at its own expense, all equipment required to install the Signs. RampAds shall ensure that all Signs are designed and installed so as to fit safely and securely onto the surface provided; RampAds shall promptly remove at its expense any Signs installed in error. 1.7 Ramp User Information Customer shall provide RampAds with any and all information concerning the demographics of users of the Parking Ramp, provided that Customer is not under an obligation to keep such information confidential. The information so provided may be used by RampAds, in its sole discretion, to better tailor the sale of Signs to the users of a Parking Ramp. Except to the extent used by RampAds to market advertising space, all such information shall be kept confidential and shall not be used for any other purpose. 1.8 Parking Pass Customer shall provide RampAds and its subcontractors a mechanism that allows for free 3 passage in and out of the parking ramps. Such passage will be used only to install, maintain and remove the Parking Ramp Signs, and also to allow RampAds the ability to show and sell the advertising space to its prospective clientele. Any use other than that noted above will result in the termination of free passage in and out of the parking ramp, resulting in RampAds and its subcontractors paying market parking rates. 1.9 Maintenance and Repair All Signs installed by or on behalf of RampAds in the Parking Ramp shall at all times be and remain the property of RampAds. RampAds agrees to maintain the Signs in good repair and to promptly replace Sign due to poor workmanship or material failure. Any Sign damaged or marred by graffiti will be replaced or repaired by RampAds at a reasonable cost to be borne by advertiser. 1.10 Removal Upon termination of this Agreement, RampAds shall, at its sole cost, remove all its advertising and any material residue from the surface on which the advertising was placed, and paint, if necessary, the surface immediately behind the advertising a color that is as close as practical to the surrounding surface. Customer, at its sole cost, shall be responsible for further surface treatment. 1.11 Public Service Signs Customer and RampAds reserve the right to provide free advertising space to non-profit organizations and units of government in those parking ramp locations which are not sold to advertisers by RampAds. Such non-profit advertising (the “Public Service Signs”) shall be selected and approved by RampAds, with guidance from Customer. RampAds shall provide installation and maintained in accordance with this Agreement. Except as otherwise agreed in writing, any production costs or expenses associated with the Public Service Signs shall be at the sole expense of Customer, the non-profit and/or units of government placing such advertising. ARTICLE II Billing and Compensation 2.1 Billing for Advertising Except as provided in paragraph 1.10 of this Agreement, RampAds shall, in its sole discretion, solicit and contract with advertisers, determine rates for all advertising placed in the Parking Ramp, and bill and collect revenues from all Parking Ramp advertisers. 4 2.2 Percentage of Quarterly Revenues RampAds shall pay to the Customer an amount, which represents Twenty Percent (20%) of the Advertising Revenue generated from advertising sales at Customer’s Parking Ramp during the prior fiscal quarter. Subject to Customer’s compliance with the terms of this Agreement, RampAds shall pay Customer all amounts payable hereunder within forty-five (45) days of the end of each such fiscal quarter. 2.2.1 For purposes of this Agreement “Advertising Revenue” shall mean the gross revenue attributable to RampAds's sale of advertising space in the Parking Ramp and received during each fiscal quarter. 2.2.2 For puposes of this Agreement “Fiscal Quarter” shall mean the quarters ending March 31, June 30, September 30 and December 31 of any such calendar year, regardless of the date on which this Agreement becomes effective. 2.2.3 Payments to the Customer shall be made directly to it or its agent, as directed by Customer. As of the date of this Agreement, all payments should be directred to Cutomer’s agent, at ______________________________________________________, or such other address as Customer may provide upon five (5) business days notice to RampAds. ARTICLE III Term and Termination 3.1 Term The term of this Agreement shall be one (1) years, commencing upon the date set forth on Page 1 of this Agreement (the Anniversary Date) and, unless terminated in accordance with paragraph 3.2, shall be automatically renewed for additional terms of four (4) years. 3.2 Termination This Agreement may be terminated at the election of either party upon written notice to the other party at least 90 days prior to the Anniversary Date. Final termination to occur upon the Anniversary date or completion of the last advertising cycle, whichever is latest. For this agreement, “Advertising Cycle” refers to the completion of a pre-paid advertisement’s term. If this agreement is terminated, no new advertisements will be placed but current ads posted will complete their cycle, and the customer will continue to earn their percentage of revenue. 5 3.3 Default Any of the following events shall constitute an “Event of Default” under this Agreement: a. if a party shall become insolvent, or become the subject of any bankruptcy, insolvency or similar proceeding, which has not been terminated, stayed, or dismissed within sixty (60) business days after its was commenced; b. if any material representation made under this Agreement shall have been materially false or misleading, when made; or c. if a party shall default in the payment or performance of any obligation under this Agreement and such nonpayment or nonperformance shall continue for sixty (60) days after the non-breaching party has provided written notice of the default. 3.4 Remedies Following an Event of Default, the party not in default may exercise one or more of the following remedies: a. Cure the Event of Default and obtain reimbursement from the other party; b. Terminate this agreement; c. Sue for damages resulting from the Event of Default; or d. Exercise any other remedy available at law or in equity. ARTICLE IV Insurance and Indemnification 4.1 Insurance a. RampAds and each of its subcontractors shall procure and maintain in force the following insurances: i. Worker’s Compensation Insurance: As required by Minnesota law covering the employees of RampAds and the employees of each subcontractor hired or retained by RampAds in performance of this Agreement. ii. Commercial General Liability: Naming RampAds as the insured and naming the Customer as an additional insured, with no less than the following limits of liability: bodily injury, death and property damage of $1,500,000 per occurrence with an aggregate limit of $2,000,000. If the per insurance occurrence limit is less than the $1,500,000, then an umbrella policy with at least $1,000,000 additional coverage shall be added to the underlying liability coverage. Upon notice by Customer to RampAds, the limits of insurance coverage may be adjusted to reflect 6 changes in the tort liability limits set forth in Minnesota Statute Section 466.04 as amended and as applicable to the Customer. This policy shall also be endorsed for contractual liability in the same amount. Any subcontractor shall maintain a similar policy covering as insured each subcontractor. iii. Automobile Liability: Naming RampAds as the insured and naming the Customer as an additional insured, with no less than the following limits of liability: $1,000,000 combined single limits for bodily injury, and property damage. All subcontractors shall maintain a similar policy covering as insured each subcontractor. This policy shall apply to personal, company and rental cars used by RampAds or any subcontractors in conjunction with the scope of work activities outlined in this Agreement. 4.2 Indemnification a. RampAds shall indemnify and defend Customer (and its officers, agents, and employees), and hold Customer (and its officers, agents, and employees) harmless from and against all loss or expense, including liability costs and attorneys’ fees, by reason of any claim or suit, or theory of liability imposed by law upon the Customer or its agents or employees for damages because of bodily injury, including death at any time resulting therefrom, sustained by any person or persons or on account of damages to property, including loss of use thereof, arising from, in connection with, caused by or resulting from RampAds’s and its subcontractor’s acts or omissions in the performance of this Agreement. ARTICLE V General Terms 5.1 Records and Reports RampAds shall, without charge to the Customer, maintain such records as will support the calculation of “Advertising Revenue” as that term is defined in paragraph 2.2.1 above. Upon five (5) business days prior notice, RampAds shall, without charge to the Customer, make such records available for inspection and copying by the Customer at any time during normal business hours. 5.2 Notices All notices, certificates or other communications under the Agreement shall be sufficiently given and shall be deemed given when personally delivered or when mailed by first class mail postage prepaid with proper addresses indicated below. The Customer and RampAds may, by written notice given by each to the other, designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated herein. Until otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: 7 To Customer: _______________________ _______________________ To RampAds, L.L.C.: RampAds, L.L.C. Christopher Christian – Managing Member 1099 Snelling Ave. North Saint Paul, Minnesota 55108 5.3 Binding Effect This Agreement shall inure to the benefit of and shall be binding upon the Customer and RampAds and their respective successors and assigns. 5.4 Assignment This Agreement may not be assigned by either party, in whole or in part, without the express prior written consent of the other party; provided however, that either party may, without the consent of the other, assign this Agreement in connection with a sale of all or substantially all of that party’s assets to an unrelated third-party. 5.5 Severability In the event any provision of the Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holdings shall not invalidate or render unenforceable any other provision. 5.6 Amendments, Changes and Modifications Except as otherwise provided herein, this Agreement may not be effectively amended, changed or modified by the Customer or RampAds except by written amendment approved and executed by the Customer and RampAds. 5.7 Counterparts The Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 5.8 Choice of Law This Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of Minnesota. 5.9 No Waiver No failure to exercise, and no delay in exercising, any right, power or remedy hereunder on the part of the Customer or RampAds shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No express waiver shall affect any event or default other than the event or default specified in such waiver, and any such waiver, to be effective, must be in writing and shall be operative only for the time and to the extent expressly provided by the Customer or RampAds therein. A waiver of any covenant, term or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. 8 IN WITNESS WHEREOF, the parties hereto have caused this Parking Ramp Advertising Agreement to be duly executed as of the date written above. CUSTOMER RAMPADS, L.L.C. _____________________________ _____________________________ by: by: Christopher Christian its: its: Managing Member RESOLUTION 2016- RESOLUTION APPROVING CONTRACT WITH RampAds, LLC BE IT RESOLVED, by the City Council of Stillwater, MN that the contract between RampAds, LLC and the City of Stillwater, dated May 3, 2016 (on file with the City Clerk), is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor and City Clerk to sign the contract. Adopted by the Stillwater City Council this 3rd day of May, 2016. _____________________________ Ted Kozlowski, Mayor ATTEST: __________________________ Diane F. Ward, City Clerk TO: Mayor & City Council FROM: Bill Turnblad, Community Development Director DATE: April 27, 2016 RE: Cashman tuk-tuk license BACKGROUND Jim Cashman is proposing tuk-tuk service in downtown Stillwater. Essentially a tuk-tuk is a motorized three-wheeler. (See attached photos.) The State of Minnesota licenses them as motorcycles. The drivers would offer rides and mini-tours all over downtown for free. Mr. Cashman’s plan is to place two 5 foot wide by 13 foot long battery operated vehicles into service between April and October. Revenue to support the drivers and vehicle costs would be generated through rider donations and advertising placed on the vehicles. One reserved parking stall is requested for each of the two vehicles. As with the Stillwater Trolley and the BierCycle, a license would be necessary from the City Council to reserve public parking spaces for private use. SPECIFIC REQUEST Mr. Cashman is requesting the necessary license to reserve two parking spaces for his tuk-tuk service. His two preferred spaces are designated as #1 and #2 on the attached exhibits. COMMENTS • Though Mr. Cashman would prefer the spaces designated as #1 and #2 on the attached exhibits, he has shown two others that would also be acceptable, should the City Council prefer them. • Each of the four potential spaces has advantages and disadvantages. Staff believes that spaces #2, #3 and #4 could be acceptable. But, #1 is not acceptable for a number of reasons. Foremost is that parking is not allowed anywhere on Sam Bloomer Way. But, also the Police Department routinely uses that spot for monitoring Downtown safety. And, this is the service entrance to the amphitheater stage. • The Parking Commission unanimously recommended that the City Council deny the request to reserve on-street parking spaces for this use. While they recognize that the Stillwater Trolley and the BierCycle both have reserved on-street parking, they feel that public parking spaces Cashman tuk-tuk Page 2 downtown are a very limited resource. And, that the occupancy rate for public on-street and lot spaces is so high right now, that it is not good policy to reserve any more spaces for private use. • In addition to using public streets, Mr. Cashman has asked to be allowed to run the tuk-tuks on the Riverwalk and the Downtown Trail. As a street-legal vehicle, the use of public streets is allowed. But, the City does not allow motorized vehicles (with the exception of Segways) on pedestrian/bicycle trails or the Riverwalk. And, public safety staff do not recommend granting an exception for the tuk-tuks. • Cost per space o On-street spaces - For two on-street spaces the current cost of reserving from April through October would be $3,120.1 However, to be consistent with the BierCycle and Trolley licenses, the City would likely reduce that cost by 50% for a total of $1,560. This number would be reduced on a pro-rated basis to correspond to the date each of the two vehicles is actually put into service. o Lot 6 space – The one space in Lot 7 would be $459.2 This number would be reduced on a pro-rated basis to correspond to the date each of the two vehicles is actually put into service. NECESSARY ACTION The City Council should decide whether it supports the request to reserve two on-street parking spaces for the tuk-tuks. If so, staff will bring a license back to the next Council meeting for formal approval. bt Attachments: Parking spaces location maps Letter from Cashman 1 153 high season days x $9 per day x 2 spaces = $2,754. Plus 61 off season days x $3 per day x 2 spaces = $366. For a total of $3,120. 2 86 high season weekend days x $3 per day = $258. Plus 67 high season weekdays x $1.50 = $100.50. Plus 67 off-season days x $1.50 = $100.50. For a total of $459. To date the City has never applied the 50% discount to spaces in a parking lot. Cashman tuk-tuk Page 3 Cashman tuk-tuk Page 4 Cashman tuk-tuk Page 5 James/Marilyn Cashman 2022 Broadway St N Stillwater MN, 55082 April 14, 2016 RE: Pedicab License request for eTuk Stillwater Stillwater City Council and Planners Dear Stillwater City Council and Planners, Marilyn and I fell in love with this awesome city and valley 35 years ago on our first visit, and why we’re still here. We are all so fortunate to be part of this area’s natural beauty, history, coolness, and charm. It’s easy to understand why it is such a desired destination for people, whether for business, to retire, start a family, or just visit for a great time. Below are some pictures that Michael Fox, Director of Sales and Marketing from eTuk Companies (www.etukusa.com) sent me. On May 18, 2015 eTuk USA announced the first street legal, electric tuk tuks in the United States, and now has them in 23 states. They are manufactured and assembled in Denver, CO and meet or exceed all applicable Federal Motor Vehicle Safety Standard (FMVSS) set forth by the US Department of Transportation (DOT). Each eTuk has a 17 Character VIN allowing it to be registered and plated at the state level. Tuk tuks are a widely used form of transportation around the world. Until recently a tuk tuk could not be found in the United States, let alone an electric one. These unique, three wheeled, high quality and versatile zero‐emission vehicles are 100% electric and street legal; making them very effective, eco‐ friendly, super cool, and a ton of fun. They are great for city tours, passenger shuttles, courier service, and many other applications. Our plan is to start with one or two of these asap and operate yearly from April through October with energetic and charismatic drivers and offering short FREE mini rides/tours (with a donation to help with operating expenses and local charities) using roads downtown, especially along the river, and hopefully the riverwalk when it’s not under water. We will also provide FREE downtown courier service and passenger shuttle (maybe citywide, depending on how they perform with the hills) to and from homes, apartments, businesses, hotels, marinas, restaurants, parking spots, bars, boats, churches, event centers, etc. eTuks define a good time. They have a captivating appeal that instantly turn heads in wonderment and produce a desire to want to hop on (riders/donors), and/or participate (advertisers/sponsors). Most riders will likely experience exuberance and a heightened sense of well‐being that can turn a bad day into a good day, maybe even a great day. They seem to naturally enhance and uplift your love of life and make everything seem better, at least for the moment. Obviously, they will generate lots of excitement and publicity. Should we get satisfactory results from the city I plan on a proposal for Mn Governor Dayton to sign a proclamation that a day this summer be “eTuk Stillwater Day” and “Ride an eTuk for Good ” with the first electric tuktuk shuttle service in the State, or maybe 2016 “Year of the eTuk ”… It is crucial to get a couple of prime outdoor reserved parking spots to maximize visibility, hopefully with daytime charging ability, and indoor overnight parking spots, also with charging ability (public parking ramp next to Lowell Inn would be ideal). A few highlights for the “eTuk Stillwater Give Back Mission” ‐ “Talk of the Town” very quickly. ‐ An even more fun and vibrant city for all to enjoy. ‐ Lots of publicity with a tremendous amount of goodwill and value for the advertisers. ‐ The probability of tens of thousands of dollars going back into the community over time to help with other dynamic initiatives, thanks to the business model based on donations and the riders /advertisers/sponsors who help make it happen. ‐ The creation of a fun and meaningful activity and an enhanced sense of empowerment and purpose to help others for the betterment of community and self. ‐ A great feeling of being part of something cool and good. ‐ The creation of thousands of smiles and positive vibes on a weekly basis resulting in priceless memories that can last a lifetime. ‐ . . . ??? In summary, we are committed to offering a FUN, safe, eco‐friendly, inexpensive, respectful, meaningful, and memorable riding experience, and a reliable, professional courier service while collecting gifts from the heart to help sustain this endeavor, as together we share the benefits and help meet the needs of the community. We believe that the overall result will have an immediate and long term, significant positive impact on our residents, businesses, and tourists, helping Stillwater continue to be one of the best and most fun places to live and visit in the Midwest. Thank you for your time and consideration, we look forward to collaborating with you and other community leaders to boost the magical allure of Stillwater to a new level. Sincerely, James/Marilyn Cashman TO: Mayor & Council Members FROM: Bill Turnblad, Community Development Director DATE: April 28, 2016 RE: JX Event Venue – Reserved Parking BACKGROUND Judd Sather is well into the remodeling project for the JX Event Center, which is located in the historic shoe factory building on 2nd Street and Commercial Avenue. As Sather works through final operational details, he is hoping to create four event drop-off spaces on 2nd Street and four event parking spaces on Commercial Avenue. The requested drop-off spaces are at the front entrance to the Event Center. The requested event parking would be for catering and other service needs and are located near the service entrances on Commercial Avenue. In addition, the delivery dock that projected into the Commercial Avenue right-of-way has been removed as part of the Event Center renovation. This was necessary in order for the City to be able to complete the Commercial Avenue pedestrian improvements planned in the current Comprehensive Plan. Though the timing for the improvements is unknown, eventually the curb line on the south side of Commercial Avenue would be straightened out (it currently does a jog around the loading dock and loading space) and the sidewalk on both sides of the street would be upgraded and made more welcoming to pedestrians. Mr. Sather has removed the loading dock at his cost. In return, he asks the City to consider allowing the event parking and 15 minute parking. SPECIFIC REQUEST Mr. Sather has made four specific requests (see Exhibit D): 1) Designate the two southerly parking spaces on 2nd Street in front of the JX Event Center for 15 minute parking on Saturday and Sunday. a. These spaces are currently for three hour parking from 8 am to 6 pm daily. 2) Designate the two northerly parking spaces on 2nd Street in front of the JX Event Center for 15 minute parking daily. a. These spaces are currently for three hour parking from 8 am to 6 pm daily. 3) Designate the four parking spaces adjacent to the north side of the building for JX Event Center use only (24x7x365). a. They are currently for three hour parking from 8 am to 6 pm daily. Sather Event Venue Page 2 4) Allow the current curb line on the north side of the JX Event Center to stay as it. a. As seen in the attached photo and graphics, the sidewalk on the south side of Commercial Avenue was replaced by a loading dock and curb cut to allow vehicles to back into the dock area. b. Per the conceptual rendering included in the Comprehensive Plan, the City eventually needs to realign the curb here to create sidewalk and other pedestrian amenities. In the meantime, Mr. Sather would like to leave the curb line as it is so caterers and other service providers can back in and unload. COMMENTS In order for a private business owner (in this case JX Event Center) to reserve exclusive use of publicly owned property (e.g. the on-street parking spaces), an annual license would have to be approved by the City Council. This was done, for example, with Stillwater Trolley and the BierCycle. As with the trolley and pedal pub requests, the Parking Commission and City Council should consider the specific spaces to determine whether it would be good public policy to reserve them for use of a single private business. How many other property owners and customers rely on the proposed spaces? Are there good parking alternatives in the immediate area for people who rely on the spaces? If the Parking Commission and Council find that it is reasonable to reserve the spaces, then according to the current fee schedule there would be an annual license fee equal to $3/day/space during the off-season and $9/day/space during the high-season1. Rather than approve the request to leave the curb line as it is, Public Works Director Sanders recommends a curb line solution that would both create a continuous sidewalk for pedestrians as well as allow vehicles to back into the former loading dock area. With this solution, the curb would be rebuilt in a straight line so that the sidewalk would function as a through sidewalk. But, a curb cut would be allowed that is wide enough to accommodate a vehicle backing up to the door where the loading dock used to be. This represents a compromise, since staff would prefer a standard sidewalk without a curb cut. RECOMMENDATION The Parking Commission recommended: 1. Approval of the two northerly spaces on 2nd Street in front of the event center to be signed for loading and unloading. These would be available to anyone, not restricted to event center use. 2. Denial of the request to convert the two southerly spaces on 2nd Street to short term parking. 3. Denial of the request to convert the four spaces on Commercial Avenue to event parking. Staff recommends realigning the curb on Commercial Avenue so that the loading dock jog is removed. However, to accommodate backing into the former loading dock area, a curb cut could be allowed. The design of the curb cut and sidewalk in this area would have to be approved by the City Engineer. 1 153 high-season days at $9 per day for each of the 4 spaces = $5,508. 212 off-season days at $3 per day for each of the 4 spaces = $2,544. The total would be $8,052 per year for the four spaces on Commercial Avenue. Sather Event Venue Page 3 NECESSARY ACTION The City Council should consider the four requests and decide whether to approve them. If the Council views favorably the request for reserving on-street spaces exclusively for the JX Event Center, staff will develop a license for Council’s approval at the next Council meeting. bt Attachments: Exhibit A - Pedestrian improvement rendering Exhibit B - Loading dock air photo Exhibit C - Neighborhood on-street parking map Exhibit D - Parking detail plan Sather Event Venue Page 4 Exhibit A Exhibit B Sather Event Venue Page 5 Exhibit C Parking in Neighborhood of JX Event Center Sather Event Venue Page 6 Exhibit D TO: FROM: DATE: RE: MEMORANDUM Mayor and City Council Shawn Sanders Director of Public Works ~ .... ~. April 29, 2016 Update Browns Creek Parking Lot INTRODUCTION As part of the City's Capital Outlay Projects in 2016, it is planned to construct a paved parking lot in Browns Creek Park, located on the west side of Neal Avenue north of the Brown Creek Trail. The proposed parking lot would be designed for 25 vehicles, to fit within the existing gravel area, and 60' X 117' in area. Staff has been approached by the Browns Creek Watershed District (BCWD), who would like to construct water quality project on the site of the city's parking lot project. This would include a rock crib basin that would decrease the temperature of storm water runoff, structures that capture sediment before it enters into Browns Creek, and a rain garden. In their design of the rock crib, BCWD has proposed a location for the rock crib that would require a change in the configuration of the original parking lot design. This in increases the size of the lot to 42' X 225' and would increase the cost of parking lot to the City. Staff proposed and BCWD has agreed to pick up the any additional cost of the change in configuration of the parking lot in order to meet the new location of the rock crib. It also agreed that it would make more sense to have both projects designed and constructed by one agency. Since BCWD has engineers working on the rock crib and their portion of the parking lot, BCWD has agreed to engineer and construct the city portion parking lot as well. This would help out the engineering department and save time with an anticipated busy summer construction season. Since it is proposed that the two agencies work together on the project, BCWD has prepared draft cooperative agreement for the project. The agreement would address issues such as BCWD right to construct and maintain the rock crib on City Property, cost participation. The agreement is still is being reviewed by staff and would be brought back to council at the next meeting for approval. ACTION REQUIRED It is recommended that Council consider and approve the project, and direct staff to work with BCWD on the project and bring the Cooperative Agreement to council at a later meeting. •co Io Ry c:amft'l11nllY 455 HAYW\RD AVE H CW<DAU:. MN 551211 OPTION !· SHEET 01 OF D2 SHEETS _ _, ... -·-•co Io g y ,,.,r,Pu-. 1y •••·••tlttc.oo• 455HA-AVEN OAKDALE, MN 55128 OPTION2 STATf~CTNO -SHEET 02 OF 02 SHEETS COOPERATIVE AGREEMENT BEIWEEN CITY OF STILLWATER AND BROWN'S CREEK WATERSHED DISTRICT FOR THE BROWN'S CREEK PARK PROJECT THIS AGREEMENT is made by and between the City of Stillwater (Stillwater), a Minnesota charter city and body corporate and politic, and the Brown's Creek Watershed District (BCWD), a watershed district with purposes and powers set forth in Minnesota Statutes chapters 103B and 1030. Recitals and Backgro A. BCWD has authority under Minnesota Statutes chapters 103B and 1030 to design and implement programs and projects to improve water quality and protect water resources within the Brown's Creek watershed. B. BCWD has an approved water.urces management plan pursuant to Minnesota Statutes chapter 103B, and the plan describes BCW~s commitment to implementing activities that will contribute to sustaining a viable cold-water fishery in Brown's Creek. C. Brown's Creek has been designated as 1 impaired' by the Minnesota Pollution Control Agency for fish biota and turbidity, and a ;r:otal Maximum Daily Load study and implementation plan have been c e ~o ttssess the fish biota and turbidity impairments and to describe a plan for oving fish habitat by reducing thermal impacts and improving clarity by reducin~the contribution of total suspended solids (sediment) to the creek from the Neal Avenue subwatershed tributary to the creek, and the study and plan have re d the necessary approvals. D. Brown's Creek ~ou own's Creek Park in the northwest corner of Neal Avenue and the Brown's .k Sta ail in the City of Stillwater (the Park), which is owned, operated and maintc:fffted by Stillwater. E. Stillwater's capital improvements program calls for reconstruction of Neal Avenue north of the Park and other city road improvements that will result in routing stormwater runoff to the :Park (the City Road Improvements). F. Stillwater also has planned and wishes to complete the redevelopment and upgrade of Brown's Creek Park, which will include reconfiguring and repaving the existing parking area (the Park Parking Upgrade); paving a connection from the Park to the adjacent Brown's Creek Trail (the Trail), owned and operated by the state Department of Natural Resources (DNR); and refurbishing other Park amenities. City of Stillwater - Brown's Creek Watershed District 1 April 28, 2016 Brown's Creek Park Storm water Project G. The capital improvement program in the BCWD watershed management plan states that the BCWD will undertake projects contributing to the Brown's Creek TMDL implementation plan, specifically including projects in the Neal Avenue subwatershed, and the City Road Improvements and planned redevelopment of the Park present an opportunity to construct a rock crib and vegetated bio-filtration swale, along with associated infrastructure and one or more pretreatment devices, to reduce the temperature of runoff to 18.33 degrees Celsius or less from the 1.6-acre tributary drainage area, as well as a 121-pound reduction in total suspended solids (the Project). H. The viability of the Project is dependent on Stillwater' s incorporation of design and construction of stormwater-conveyance infrastructure into the City Road Improvements to route stormwater flow to the Project. I. The Project can be constructed entirely on the Park property, and Stillwater and BCWD have agreed to collaborate to ens~:t! · the success of the Ptoject, including but not limited to Stillwater' s conveyance to BCW of the land-use right necessary for access, construction and maintenance of the Proj~t and integration of . the necessary stormwater-conveyance infrastr®ture into the City, ,t(oad Improvements ·fo ensure that stormwater flow from Neal Avenfil! riorth of the Parkis routed to the Project. J. BCWD has received a $204,350 Clean Water Leg~g, Fund grant from the state Board of Water and SoiLResources for the Project, and BCWD has entered an agreement with the agency to tt:1 e'7nd use of th~~ds for the Project. K. On April 8, 2015..,after a duly-noticed public hearing and otherwise in accordance with Mi Statutes s tion 103B251, the BCWD Board of Managers ordered the ne L. A ~liminary d and site plan for the Project, including a delineation of the drainage 'Wea and conv nee-system elements required to ensure the necessary volume of storm.water is roµted from Neal Avenue to the Project in the course of construction of t . ity Road ltnprovements, are attached to and incorporated into this agreement as Exhi15it A. M. At Stillwater' s reqttest and on Stillwater' s behalf, BCWD has directed Emmons & Olivier Resources, the BCWD engineer, (hereinafter the BCWD Engineer) to integrate into the preliminary design for the Project a preliminary design for the Park Parking Upgrade and for paving of an access from the Park to the Trail (the Trail Access). The location of each of the Project, the Park Parking Upgrade and the Trail Access is shown in Exhibit B, attached hereto and incorporated herein. City of Stillwater - Brown's Creek Watershed District 2 April 28, 2016 Brown's Creek Park Stormwater Project N. The Park Parking Upgrade can be constructed entirely on Park property while the Trail Access necessarily would be constructed on DNR property and will be constructed only if the required approvals from DNR are obtained. 0. The City and BCWD wish to realize the efficiencies and cost-savings to be gained by integrating the plans and specifications for the Park Parking Upgrade and the Trail Access into the Project plan and specifications, then issuing a request for bids for the Project that includes the plans and specifications for the Park Parking Upgrade and Trail Access as a bid alternate to allow the City to determine whether to request that BCWD contract for construction of the Park Parking Upgrade and/ or Trail Access as part of construction of the Project. Agreement NOW, THEREFORE, IT IS AGREED by~d between Stillwa and BCWD that they enter into this agreement to document their understanding as to th , ope of the Project, Park Parking Upgrade and Trail · Access projects, ~i,.rm their c responsibility for tasks to be undertaken, grant artd'assign the necessar d-use rights, establish procedures for performing these tasks and fulfilling responsibilities, and facilitate communication and cooperation to ensure successful completion of the Park Parking Upgrade, the Trail Access and r; Project to improvi,,'rown' s Creek. 1. CONDUCTOFTHE ~\ ~ · A. Plans and Specifications; BCWD, a{~its sole expense, will prepare plans and specifications for the Project, Park Parking Upgrade and Trail Access, and submit 90 percent-~p~ete pl~ii and specifi~ations t ~ Stillwater for review ~~d ~pproval in accordance with suosea on lB of this agr nt. The plans and specifications for the Project wi include the design drawings necessary for Stillwater to incorporate the stormwate nveyance infrastructure needed for the efficient and effective operation of the Project into the plans and specifications for the City Road Improvements. The plans and specifications for the Project will provide for the operation and maintenance of the Project, when consttu.cted, · a manner compatible with the continued use of the Park for its intended purposes. The plans and specifications prepared in accordance with the paragraph will encompass, at a minimum: i. For the Project -excavation, grading and filling; alteration of topography, vegetation, hydrology and stormwater treatment systems; construction of a rock crib in the Park, a bioswale and associated stormwater-treatment structure. ii. For the Park Parking Upgrade -excavation, grading, gravel base, curb & gutter and paving. City of Stillwater - Brown's Creek Watershed District 3 April 28, 2016 Brown's Creek Park Stormwater Project iii. For the Trail Access -excavation, grading, gravel base and paving; removal of the gravel south of the Park Parking Upgrade and replacement with topsoil and vegetative restoration. B. BCWD Submission and Stillwater Approval of Plans and Specifications. i Within 10 days of the complete execution of this agreement, BCWD will submit 90 percent complete plans and specifications to Stillwater for review, comment and approval. Plans and specifications submitted will encompass the Project, the Park Parking Upgrade and Trail Access. ii Stillwater will have 10 days from receipt to review, comment and approve the plans and specifications for the Project. Stillwater' s right to review and approve plans and specifications will not be unreasonably exercised, and failure to timely act will constitute approval. In commenting on the plans and specifications, Stillwater will in particular address sequencing of and integration of the Project with the City Road Improvements, including feasibility of design and construction of stonnwater-conveyance infrastructure in the City Road Improvements to convey stormwater to the Project at rates and in volumes necessary for the Project to function as designed. If Stillwater disapproves the plans and specifications for the Project, this agreement will be rescinded and annulled and all obligations herein, performed or not, will be voided. iii Stillwater will have 10 days fN>t,n receipt to review, comment on and approve the plans and specifications fo ePark Parking Upgrade and Trail Access. Failure to tht\dy act will consti proval of the plans and specifications. a. If Stillwater approves the plans And specifications for the Park Parking Upgrade and Trail Access, BCWD will proceed in accordance with subsection lC of this agreement. b. If Stillwater disapproves the plans and specifications for the Park Parking Upgrade and 'Frail Access, BCWD will proceed in accordance with subsection 1 D of this agreement and Stillwater will be responsible for contracting for completion of designs and specifications for and construction of the Park Parking Upgrade and Trail Access. C. Contract for BcWD Construction With the Park Parking Upgrade and Trail Access. If the plans and specifications for the Park Parking Upgrade and Trail Access are approved in accordance with paragraph lB.iii herein, BCWD will timely prepare or have prepared on its behalf construction bidding documents for the Project and Park Parking Upgrade and Trail Access. (If rights necessary for construction of the Trail Access are not secured, the operation of this paragraph will be limited to provide for construction of the Park Parking Upgrade). The construction bidding documents will include the plans and specifications along with bid-form items for construction of the Park Parking Upgrade and Trail Access as bid-alternate items. BCWD will solicit bids in City of Stillwater - Brown's Creek Watershed District 4 April 28, 2016 Brown's Creek Park Stormwater Project accordance with applicable state and federal law, and provide ranked bids from responsible and responsive bidders to Stillwater. BCWD will rank bids according to cost of construction of the Project, without regard to the bid-alternate cost of the Park Parking Upgrade and/ or Trail Access. Stillwater will elect within 10 days of receipt of the bid data to direct that BCWD contract for the construction of the Park Parking Upgrade and Trail Access along with the Project. D. Contract for BCWD Construction Without the Park Parking Upgrade and Trail Access. If the plans and specifications for the Park Parking Upgrade and Trail Access are disapproved pursuant to paragraph lB.iii herein, BCWD will prepare or have prepared on its behalf construction bidding documents t the Project and will ensure that such documents provide for the coordination of construction of the Project with the construction of the City Road Improvements and Parl< Parking Upgrade and Trail Access. E. Construction by BCWD. BCWD will contract, in accordance with applicable law, for the construction of the Project and, if .directed by Stillwate · accordance with paragraph lC of this agreement, the Park Parking Upgrade and Tra i. The contract for construction will: a. Require the contractor to indemnify, defend and hold harmless Stillwater, its officers, council members, employees · and agents from any and all actions,/costs, damages and liabilities of any nature arising from the contract'ot s negligent or otherwi$e 'wron. act or omission, or breach of a spec,itic contra~al duty, or a subcon actor's negligent or otherwise wrongf~~ or omission, or breach of a specific contractual duty owed by the contra~o BCWD; IL, *1:Requ~. that "f~r any cla sul;>ject to indemnification by an employee of ,;,, "' selected contractor or a subcontractor, the indemnification obligation is not limited a limitation on the amount or type of damages, "'compensatio . or benefits payable by or for the contractor or a subcontractor under workers' compensation acts, disability acts or other employee benefit acts. BCWD further will require that the contractor for the Project n d Stillwater as an additional insured for general liability and provide a certificate showing same prior to construction; c. Extend the contractor's warranties under the agreement to Stillwater. ii. BCWD, or the BCWD engineer on BCWD's behalf, will oversee the construction of the Project. BCWD may adjust the plans and specifications for the work during construction, as long as the revised plans do not require BCWD to exceed the scope of the rights granted under this agreement and such changes are made in coordination with Stillwater such as to ensure compatibility of the Project, Park Parking Upgrade and the City Road Improvements; City of Stillwater - Brown's Creek Watershed District 5 April 28, 2016 Brown's Creek Park Storm water Project iii. Within 90 days of certification of substantial completion or termination of this agreement, BCWD will ensure that the Project site is restored to a condition consistent with the use of the Park for its intended purposes. F. Contingency for Construction by Stillwater. i. Stillwater will contract for and exercise all reasonable efforts to ensure that the City Road Improvements are completed in a manner that materially implements the stormwater-conveyance infrastructure specifications provided by BCWD in accordance with para~h 1A herein by December 1, 2018. ii. If Stillwater either disapproves the plans and specifications for the Park Parking Upgrade and Trail Access in accordance with paragraph 1C.iii herein, or elects not to direct that BCWD to construction the Park Parking Upgrade and Trail Access in accordance with paragraph 1C herein, Stillwater will submit final plans and specifications for the Park Parking Upgrade and Trail Access to BCWD for review, comment and approval. BCWD will have 10 days from receipt to review, comment and approve the plans and specifications for the Park Parking Upgrade and Trail Access. BCWD' s right to review and approve plans and specifications will not be unreasonably exercised, and failure to timely act will con8ftute approval. Stillwater will contract for and exercise all reasonable efforts to ensure that the Park Parking Upgrade and Trail Access are substantially complete in accordance with the plans and specifications approved by BCWD by December 1, 2018. The contract for consttuction of the Park Parking Upgrade and Trail Access Requ · contractor to indemnify, defend and hold harmless BCWD, its officers, ii niembers, employees and agents and the BCWD Engineer from any a all actions, costs, damages and liabilities of any nature arising from the contractor's negligent or otherwise wrongful act or omission, or breach of a specific contractual duty, or a subcontractor's negligent or otherwise wrongful act or omission, or breach of a specific contractual .du~ owed by the contractor to Stillwater; b. Require that for any claim subject to indemnification by an employee of selected contractor or a subcontractor, the indemnification obligation is not limited by a limitation on the amount or type of damages, compensation or benefits payable by or for the contractor or a subcontractor under workers' compensation acts, disability acts or other employee benefit acts. Stillwater further will require that the contractor name BCWD as an additional insured for general liability and provide a certificate showing same prior to construction. City of Stillwater - Brown's Creek Watershed District 6 April 28, 2016 Brown's Creek Park Storm water Project iii. Stillwater will not be liable for failure to complete the City Road Improvements or the Park Parking Upgrade and Trail Access, if the failure results from an Act of God (including fire, flood, earthquake, storm, hurricane, other natural disaster or other weather conditions that make it infeasible or materially more costly to perform the specified work), embargo, labor dispute, strike, lockout or interruption or failure of public utility service. In asserting force majeure, Stillwater must demonstrate that it took reasonable steps to minimize delay and damage caused by foreseeable events, that it substantially fulfilled all non-excused obligations, and that it timely notified BCWD of the likelihood or actual occurrence of the force majeure event. Delay will be excused only for the duration of the force majeure. 2. STILLWATER'S FURTHER RIGHTS AND COMMITMENTS AND GRANT TO BCWD OF ACCESS, CONSTRUCTION AND MAINTSNA'.NCE RIGHTS A. Grant of Land-Use Rights. For all of the Project purposes listed in paragraph 2B below and for the Project generally, Stillwater, hereby grants to BCWD, its contractors, agents and assigns all necessary rights to access and use the access, construction and maintenance areas of the Park, as in Exhibit C to complete and maintain the Project. The rights granted herein will be perpetual,._ the agreement may not be amended to vacate BCWD' s access and use rights for 25 years from the date construction of the Project is certified as substantially complete for the intended purposes. Stillwater' s authorization hereunder is nonexclusive, except thaf'lltWD, on reasonable notice to and in collaboration with Stillwater, may t'emporarily restrict or preclude public access to the access, construction and maintenan~eas of the Park to ensure safety while constructieiil maintenance activities are un~ay. StillwE will forbear from any activity 1ftt interferes with the BCWD's ability to exercise · · hts or meet its obligations under this agreement. B. Notwi~ding the specific coordination with BCWD for purposes of the Project provided for herein, Stillwater retains all authority over and responsibility for the design, construction, regulatory compliance (including compliance with BCWD regulatory requirement&) and operation and maintenance of the City Road Improvements, and will retain ownership of all components constructed or installed as part of the City Road Improvements. C. Permitting. Stillwater, as owner of the Park, will cooperate with BCWD and its contractor(s) to obtain permits and approvals needed for the Project and will serve as a co-applicant for permits and approvals, including DNR approval to utilize the Trail property for construction and maintenance of the Trail Access. Stillwater, in its regulatory capacity, will facilitate the proper and efficient processing of any permits and approvals needed for the Project. City of Stillwater - Brown's Creek Watershed District 7 April 28, 2016 Brown's Creek Park Storm water Project D. Construction Oversight. Stillwater will receive from BCWD notice of and may attend and participate in pre-construction and construction meetings for all work contracted for in accordance with the agreement by BCWD. Stillwater may observe construction of the Project and, if constructed under contract to BCWD, the Park Parking Upgrade and Trail Access. Stillwater may not direct the Project contractor or, if contracted by BCWD, the Park Parking Upgrade and Trail Access contractor. E. Project Ownership; Maintenance of Park Parking and Trail Access. On substantial completion of construction of the Project, Park Parking Upgrade and Trail Access, Stillwater will retain ownership of the Park and all constructed elements of the Project. As between the parties to this agreement, on completion of construction Stillwater will retain ownership and all responsibility for~intenance and upkeep of the Park Parking Upgrade and Trail Access. F. Communications and Outreach. Stillwater will cooperate with BCWD in all communications and outreach regarding the Project and will provide appropriate space for signage in the Park regard~ the Project installed pursuant to section 4 of this agreement. JI 3. BCWD's FURTHER RIGHTS AND COMMITMENTS A. BCWD Pern,ijting. As between the parties, BCWD will obtain all necessary permits, licenses and approvals for the Ergject, and will ensure that the Project is completed in accordance with applicable law ·and regulatory standards and criteria. As between the parties, if BCWD constructs the Park Parking Upgrade and Trail Access in accordclJlce with paragraph 1C herein, BCWD will obtain all necessary permits, licenses and approvals for the Park Parking Upgrade and Trail Access, including the necessary permissions and approvals from the DNR, and will ensure that the Park Parking Upgrade and Trail Access is completed in accordance with applicable law and regulatory standards and criteria. B. Maintenance of the Project. On certification of substantial completion of the Project for its intended purposes and for a minimum of 25 years thereafter, BCWD will operate and maintain the Project, contingent on Stillwater' s facilitating reasonable access for such purposes as provided herein and in coordination with Stillwater' s maintenance of the Park. C. Cancellation. Until issuance of a notice to proceed to a contractor for construction of the Project, if BCWD, in its judgment, should decide that the Project is infeasible, BCWD, at its option, may declare the agreement rescinded and annulled, and will immediately notify Stillwater in writing. If BCWD so declares, all obligations herein, performed or not, will be voided; BCWD will return the Park materially to its City of Stillwater - Brown's Creek Watershed District 8 April 28, 2016 Brown's Creek Park Stormwater Project prior condition or to a condition agreed on by Stillwater and BCWD to the extent the Park has been physically disturbed by BCWD, its contractor, agents or assigns. 4. COSTS A. BCWD Costs. BCWD will be responsible for all costs of design, construction oversight, construction and maintenance and operation of the Project, including the costs of preparation of the data and specifications necessary for Stillwater' s incorporation of stormwater-conveyance infrastructure into the City Road Improvements and the Park Parking Upgrade as described herein, as well as and the costs of the production of publicity, education and outreach materials related to the Project and signage installed in accordance with section 5 of this agreement. BCWD will be responsible for the costs and fees associated with complying with regulatory requirements applicable to the Project, except that Stillwater will assess no fee to BCWD for Stillwater permits required for the Project, if any. In the event Stillwater contracts for the construction of the Park Parking Upgrade and Trail Acee~ in accordance with paragraphs lD and lF herein, BCWD will reimburse Stillwater for the costs of construction of the Addition Park Parking as shown in Exhibit B, and Trail Access within 45 days of Stillwater submission of docu~tation of the costs of completed construction. BCWD will be responsible for the costs dft,naintenance of the Project. B. Stillwater Costs. Stillwater Will be responsible for all costs of design, construction, construction oversight and maintenance and operation of the City Road Improvements, except for the costs of the development of the plans and specifications for the Park Parking Upgrade and Trail Access and specifications for stormwater- conveyance infrastructure as provided in paragraph lC herein. Stillwater will be responsible for all costs of construction, maintenance and operation of the Trail Access and Park 1'arking Upgrade, except construction of the Additional Park Parking. In the event Stillwater directs that BCWD contract for the construction of the Park Parking Upgrade and Trail Access in accordance with paragraph lC herein, Stillwater will reimburse BCWD for the costs of construction of the Park Parking Upgrade and Trail Access, up to but not to exceed 110 percent of the final contract price for the Park Parking Upgrade and Trail Access, less the actual cost of construction of the Additional Park Parking. Stillwater will reimburse BCWD within 45 days of BCWD submission of documentation of the costs of completed construction. C. Administrative Costs. Each of the parties will bear its own administrative costs of fulfilling its responsibilities and obligations under this agreement and, in the event of cancellation, the parties will bear all costs incurred prior to BCWD' s issuance of notice to Stillwater in accordance with paragraph 3B and subsection 9 herein. 5. PuBLICITY AND ENDORSEMENT. BCWD and Stillwater will collaborate on the development of educational and informational signage pertinent to the Project, and City of Stillwater - Brown's Creek Watershed District 9 April 28, 2016 Brown's Creek Park Storm water Project BCWD, at its cost, may develop, produce and distribute educational, outreach and publicity materials related to the Project, and may install, maintain, replace or remove signage in the Park related to the Project, subject to Stillwater' s approval. All such signage and materials related to the Project, whether produced by BCWD or Stillwater, will include acknowledgement of the Clean Water Legacy funding provided for the Project in accordance with Laws of Minnesota 2010, Chapter 361, Article 3, Section 5(b) and the sponsorship of the Board of Water and Soil Resources. For purposes of this paragraph, "publicity" includes notices, informational printed materials, press releases, research reports, signs and other public notices prepared by or on behalf of BCWD. 6. INDEPENDENT RELATIONSHIP; LIABILITY. This agreement does not create a joint powers board or organization within the meaning of Minnesota Statutes section 471.59. Each party agrees that it will be responsible only for its own acts and the results thereof to the extent authorized by the law and will not be responsible for the acts or omissions of the other party or the results thereof. This agreement creates no right in and waives no immunity, defense or liability limitation with respect to any third party. Only contract remedies are available for a breach of this agre.ent. Neither party will be liable for special, indirect, incidental, punitive, exem~~r unforeseeable consequential damages arising out of or in connection with its respective obligations under this agreement. Specific performance and quantum meruit explicitly are available remedies for the failure of a party :ft perform any obligation hereunder and do not require a demonstration that other remedies are inadequate. Remedies are non- exclusive. Stillwater and BCWD enter t eement iolely for the purposes of construction and maintenance of the Projec · prove water quality in Brown's Creek. BCWD does not have, has not had, and will not be deemed to have acquired by entry into or performance under this agreement, any form of interest or ownership in or to any portion of the Park. BCWD does not exercise, has not exercised, and will not by entry into or performance under this agreement be deemed to have exercised, any form of control over the use, operation or management of any portion of the Park prior to the commencement of construction of the Project, so as to render BCWD a potentially responsible partr1<>+ any contamination under state or federal law. Nothing he~ill be construed to constitute approval of any permit or other regulatory approval required by any party, nor does this agreement in anyway modify or delegate any party's regulatory authority 7. TERM AND TERMINATION. This agreement becomes effective when fully executed. The agreement will remain in force for 10 years, and will renew automatically for an additional five-year term and renew again every five years on the anniversary of the first renewal unless terminated by mutual agreement of the parties or otherwise in accordance with the terms of this agreement. Any responsibility or obligation that has come into being before expiration, specifically including obligations under paragraphs lC and 2C.iv, and subsections 3 and 5 herein, will survive expiration. City of Stillwater - Brown's Creek Watershed District 10 April 28, 2016 Brown's Creek Park Stormwater Project 8. COMPLETE AGREEMENT. This agreement, as it may be amended in writing, constitutes the entire agreement between the parties. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement or their successors in office. The recitals stated at the outset are incorporated into and made a part of the agreement. 8. DATA MANAGEMENT & PRACTICES. A. All designs, written materials, technical data, research or any other work-in- progress will be shared between the Parties on request, except as prohibited by law. As soon as is practicable, the party preparing plans, specifications, contractual documents, materials for public communication or education will provide them to the other party for recordkeeping and other necessary purposes. B. All data created, collected, received, maintained or minated for any purpose ctices Act, Minnesota te rules adopted to in the course of this agreement is governed by the Dat Statutes chapter 13, any other applicable state statute, or an implement the act, as well as federal regulations on data privacy. 9. NOTICE; COORDINATION. jhe parties desigttate the following authorized representatives, each to serve as the liaison to the other party for purposes of coordinating inspection, construction oversight and maintenance of the Project and coordination of the Project and City Road Improvements as provided in this agreement. Any written communication required under this agreement will be addressed to the other party as follows, exce~at either party may change its address for notice by so notifying the other party in wrfting: To Stillwater: Director Public Works/ Engineering City of Stillwater Stillwater MN 55155-4025 Administrator Brown's Creek Watershed District 455 Hayward Ave N Oakdale, MN 55128 10. WAIVERS. The waiver by Stillwater or BCWD of any breach or failure to comply with any provision of this agreement by the other party will not be construed as nor will it constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this agreement. IN WITNESS WHEREOF, the parties have executed this Agreement, intending to be legally bound. (Signature blocks follow on next page.) City of Stillwater - Brown's Creek Watershed District 11 April 28, 2016 Brown's Creek Park Stormwater Project BROWN'S CREEK WATERSHED DISTRICT By Craig Leiser Its President Dated: ~~~~~~~~- CITY OF STILLWATER A home rule charter city BY ~~~~~~~~~ Its Mayor Dated: _________ :,_,, City of Stillwater - Brown's Creek Watershed District APPROVED AS I O FORM AND EXECUTION BCWD Counsel APPROVED AS TO FORM AND EXECUTION 12 ttomey April 28, 2016 Brown's Creek Park Storm water Project .. , "'-....., ,!' .. /'"" .. \ I , ' \ I , "'io /.. ' e,u"'ip.\'-~\'-~ ' ............. / \ i 0 ~~0~·1~~" .. .........,. / RocK ;;'~1~··· r ~....... ~ (150'x30'x4') ,.,, 7 I TOP OF GRAVEL:868.67 '·· '\. I / BOTTOM OF GRAVEL864.67 ·,~ fiJ.,,,,, . .. io-···-PIPE IN IE:886.67 (12'') '!>...._ =~"''====~~= I ,,~ PIPE OUT IE :866.67 (12'') ~ 26 LF 8" PERF HOPE O 0.50% --., .,,,.,, PIPE OUT IE:864.87 (8") IE: 864.55? :....--.. ,"''° "''°,,,.. . .,,,. ••• .-""°'-... .,.,.. ••• , 1f'f:) ..... lt',o ,.. ~ ~ ·" I -----~---------------------- CBMHE RE :872.70 IE 868.92? (NW) IE:867.92 (E) I IE : 867.82 (W) I I @-f-~-- -----------c::::1------@ ---------------- Emmon• & OIIYIH R••ourc••· Inc:. 651 Hale A.venue North Olkclale, MN 5512 8 Tele: 651. 770.8448 www.eorlnc.com BROINN'S CREEK WATERSHED DISTRICT 455 HAYWARD AVE N OAKDALE, MN 55128 BRO\M,l'S CREEK PARK STORMWATER PROJECT STILLWATER, MN I -~' / -. : -------! '-... --- -----_ _.,------I & SCfLE IN FEET DRAINAGE PLAN SHEET 8.2 OF XX SHEETS . .. I I ,-' i ,' -,. .. .. 1 ,' i .. .. ' ,' .. , J / -~ 1 / 'I ,' J ,' 1/ ,' I ~,--------- j ~ ~ I I I ------------ PRELIMINARY WETLAND DELINEATION LIMITS (TYP.) ( •' "'"' ,; TREE LINE (TYP ) ,i' / / "'"' ., ~*=·K~~~~\( r:J!::.(J SUBMISSION 0.-.TE Im 12-01-201~ SIGNBY DRA=BY ""' .. . ' EOR PROJECT NO e co Io g y 00011.tl282 community ,.,, , "'"' ((,"'/ .,.J-··- u~/ i If -~'":, , I ~r ! I , I I I i' I ,/ I f / I : I Emmon• & Ollvler BROWN'S CREEK Reaourcea, Inc. BROIIIIN'S CREEK PARK 851 H•le Annue Nortfl WATERSHED DISTRICT STORMWATER PROJECT SITE PLAN O•kdala, MN H128 STILLWATER, MN Tela: 6&1.770.1448 455 HAYWARD AVE N www.aorlno.com OAKDALE, MN 55128 ST ... TEPROJECTNO -CITY PROJECT NO -SHEET 4 OF XX SHEETS WATERSHED 455 HAYW DISTRICT OAKDAL ARO AVE N E, MN 55126 -------- --·rt-- SCALE IN l I GRADING PLAN SHEET 5 OF XX SHEETS -----------------~--------r -------------- -5--------- f I I I A I -: I __ ---~@ i --- ----------r t SCfLE IN FEET ' "' -------'° I 1, l:1::::i:::::::::i:::i::::::::::~::::::::::::::::::::::::::::::::::::::::::r;-;,~E0"'8~,~~~•mTI~:vn:""'~'~"' .. ,~ ....... u~;;;;,~~"";~~M;;;;;,~"°";;;;;,-r-..._;;:;;,;.~;;;~~~:;--r;;~;;;;;;~;;;;;:--;.:m:m:.:.~.:&,O~l~l.~l~ •• :--T"-,a~Rcro~WN..;:;~.s;;:ccR~E~E~K,--T"-----.... --.l..i.... __ L....,-----.... -------~ I 5 WASP'REPAA'E0 8YMEOAUNOERll't'DI RVISIONl>J,¥:) ,2..0,.,015 BRO\NN'S CREEK p • ! Tl-lAT I AMA OULY LICENSEO PR ENGINEER UNDER ~----4 R•aourcea, Inc , ARK i, '~!S"'~' .... j "~i!ii~~;;~~:;;:;;:;;:;;:;;:;;:;;:;;~ n£ LAWSOF T!-E STATECFQ " ~BY DRAc:i ev 651 Hale Ave nue North WATERSHED DISTRICT STORMWATER PROJECT DRAlNAGE OVERVEW PLAN il .. L-201 &-oW Q~G Oakdale , MN 5 51 28 455HAYWARDAVEN STILLWATER MN ,Ii 201 -,l-2\ ~~~~~'" LICENSE• ,s,5' EOR~~~MO :·~~-~ 5 0 1,.r:~:~:'! OAKDALE. MN 55128 CITY ~OJECTNO _ SHEET s.1 oFxx SHEETS City of Stillwater - Exhibit A Preliminary Site Plan and Design 13 Brown's Creek Watershed District April 28, 2016 Brown's Creek Park Storm water Project Exhibit B Project, Park Parking Upgrade, Addition Park Parking and Trail Access Areas City of Stillwater - Brown's Creek Watershed District 14 April 28, 2016 Brown's Creek Park Storm water Project LEGEND - - - - - -PROPERTY BOUNDARY -----EXISTING CREEK ....------. ADDITIONAL PARK PARKING AREA -ADDITIONAL PAVEMENT AND CURB & GUTIER ..._ ___ ..., (FINANCIAL RESPONSIBILITY OF DISTRICT) .................................. , ..... PARK PARKING AREA ~ EXISTING TREELINE + •, • + •, •, •, -GRAVEL BASE CORRECTION , PAVEMENT AND CURB & GUTIER (FINANCIAL RESPONSIBILITY OF CITY) EXISTING NEAL AVENUE AND DNR TRAIL TRAIL ACCESS PARK PARKING UPGRADE AREA ~ PROJECT AREA ••••••••• -SUBGRADE CORRECTION AND ADDITION OF GRAVEL BASE {FINANCIAL RESPONSIBILITY OF DISTRICT) ---------- f ·-f, --- 1 ---~ PARK PARKING UPGRADE AREA -------------,· i l i ---------I N SCALE IN FEET J ~ I SUBMISSION DATE: I 04-XX-2018 i u ! DESIGN BY DRAWN BY i ,~ ORL DRL j f:;; EOR PROJECT ND. l ! 00041-1)282 30 60 w a t e r ecology community ' 120 Emmon• & Olivier R••ourcee , Inc. 651 Hale Avenue North Oakdale, MN 55128 Tele : 651 .770.8448 www.eorlnc .com PROPERTY BOUNDARY {TYP.) BROWN'S CREEK WATERSHED DISTRICT 455 HAYWARD AVE N OAKDALE, MN 55128 --~------ BROWN'S CREEK PARK STORMWATER PROJECT STILLWATER, MN I I I I I I I ~ I I I I --- I I --1----r I EXHIBITS I I I I I I I ~ I I I I I SHEET 01 OF 01 SHEETS ExhibitC Access, Construction and Maintenance Areas City of Stillw ater -15 Brown's Creek Watershed District ' April 28, 2016 Brown's Creek Park Storm water Project ' l- , -- ...... DA.TE: 1>D-.ml5 DESIONBY ORA.WNBY ORL OM I.OR PRO.ECT NO. ......... ~CKUSICK ROAD \ I l[R Em111one & Ollwler "••ourcee, Inc. 651 H•I• Avenu• North I ' Oakdale, MN 1515128 e co Io g y T•I•: 1151.770,8441 community www.eorlnc.com / \ , "/ / BROWN'S CREEK BROWN'S CREEK PARK WATERSHED DISTRICT STORMWATER PROJECT 1380 W FRONTAGE RD HWY 36 STILLWATER, MN STILLWATER, MN 55082 STATE PROJECT NO.-CITY PROJECT I«.).- 2.4 11,317aln., -1._609alper,, 2.3 13,453aln., 13,797alper,, 2 45,899 al (1.0580) 29, 195 af Imp 16,504 sf per,, 2.2 1,767 aln., 374 allmp SCALE IN FEET 30 "° DRAINAGE AREA MAP ' 120 SHEET 01 OF 01 SHEETS City Council DATE: April 25, 2016 TO: Mayor & Council Members SUBJECT: Community Development Department Status of 2016-17 Project Work Plan FROM: Bill Turnblad, Community Development Director INTRODUCTION In November 2015 the Council reviewed the two-year work plan for the Community Development Department. We are now a quarter of a year into the plan and are making progress in many areas. Though, there are several high profile projects that are either falling behind schedule or have been postponed. This report is written to keep the Council appraised of the status of the work plan. STATUS OF PROJECTS Completed Projects Several projects have been completed already this year. They are highlighted in green in the status column of the attached work plan. Some of them are: 1. Develop a Historic Preservation Commission recognition program for owners of older properties; 2. Review the Metropolitan Council’s 2015 System Statement for the City, and work with City Council and Met Council to come to agreement; 3. Study formation of a Trail Plan Advisory Committee (Council decision not to create one); 4. Explore front yard parking ordinance (Council decision not to adopt ordinance). Work plan update Page 2 of 3 On schedule projects Currently the community development department is involved in 21 projects. These are all identified in the attached work plan. A sampling of them includes: 1. Develop HPC training materials that will be used state-wide; 2. Update the Downtown Plan; 3. Create Palmer property management plan; 4. Acquire Aiple property, prepare concept development plan and management plan; 5. Manage police station and city hall remodel. Delayed or postponed projects The department is falling behind on some of the long range planning projects. This includes for example that: 1. The sign ordinance amendment has been postponed; 2. The lodging study to address VRBOs is behind schedule; 3. The Bergstein Buildings committee and operations plan has been postponed; 4. The Aiple property concept park plan, conservation easement, management plan and acquisition is considerably behind schedule; 5. Trail plan approval by Met Council is behind schedule. The attached work plan highlights in yellow the high profile projects and the critical projects that are either behind schedule or have been postponed. COMMENTS The first quarter of this year has generated an atypical amount of “routine” planning work. This includes private development proposals, variance and special permit applications, economic development work, enforcement issues, public inquiries, etc. In addition, the department secretary accepted a position with the St Croix County Planning Department and the position is in the process of being filled. Consequently, administrative support is being done by planners. The result of the unexpected routine work load increase, together with the loss of the planning secretary, is that some projects have been put on hold or are progressing more slowly than hoped. Work plan update Page 3 of 3 ALTERNATIVES There are at least two approaches to reconciling the project work plan with staff resources. 1) Reschedule to 2017 the projects in 2016 that have been postponed or have fallen behind. a. Perhaps in 2017 the routine planning workload will be at a more typical volume, or b. Perhaps staffing level will change by adding a Zoning Administrator. 2) Explore retaining a planning consultant to help with the project work load. a. If the Council is interested in this alternative, staff will contact planning consultants for cost estimates. b. Funding for the consultant costs can come from revenues budgeted for economic development. i. The consultant could work on economic development related projects such as the VRBO study/ordinance, the sign ordinance work, the Bergstein Building operation plan, and old armory re- purposing. ACTION REQUESTED Staff requests direction from the Council. If the Council is in support of hiring a planning consultant to work some of the projects, then staff would solicit bids for hourly rates. We would bring that information back to the Council at the next meeting for further discussion. Attachment: Project Work Plan Status Co m m u n i t y De v e l o p m e n t De p a r t m e n t 20 1 6 ‐20 1 7 Pr o j e c t Wo r k Pl a n Co u n c i l Re v i e w No v e m b e r 20 1 5 1 St a t u s as of 4/ 1 8 / 1 6 Pr o j e c t or ta s k Pr i o r i t y St a t u s St a f f Ye a r Strategic Plan? State/Fed Mandate? 1. PL A N N I N G DI V I S I O N a. Co m m i s s i o n s i. He r i t a g e Pr e s e r v a t i o n Co m m i s s i o n 1. HP C tr a i n i n g ma t e r i a l s de v e l o p m e n t – MH S Pa r t n e r s h i p Gr a n t Hi g h IP / O S AW 20 1 6 2. Ex p l o r e ad d i n g Ne i g h b o r h o o d Co n s e r v a t i o n Di s t r i c t gu i d e l i n e s to ad d i t i o n s Lo w AW 20 1 6 3. Hi s t o r i c ho m e ow n e r ’ s re c o g n i t i o n pr o g r a m Hi g h C AW 20 1 6 4. En g a g e m e n t in 20 1 8 Co m p Pl a n up d a t e Hi g h AW / B T 20 1 7 5. En g a g e m e n t in Do w n t o w n Pl a n up d a t e Hi g h IP / O S AW / B T 20 1 6 ‐17 ii . Do w n t o w n Pa r k i n g Co m m i s s i o n 1. 20 1 6 CI P Im p l e m e n t a t i o n Hi g h IP / O S BT / S S 20 1 6 Yes 2. Mo n i t o r cr e d i t ca r d ch i p te c h n o l o g y up g r a d e s Me d BT 20 1 6 Yes 3. En g a g e m e n t in Do w n t o w n Pl a n up d a t e Hi g h IP / O S BT 20 1 6 ‐17 4. En g a g e m e n t in 20 1 8 Co m p Pl a n up d a t e Hi g h BT 20 1 7 ii i . Pl a n n i n g Co m m i s s i o n 1. En g a g e m e n t in Do w n t o w n Pl a n up d a t e Hi g h IP / O S AW / B T 20 1 6 ‐17 Yes 2. En g a g e m e n t in 20 1 8 Co m p Pl a n up d a t e Hi g h AW / B T 20 1 7 Yes b. Co m p r e h e n s i v e Pl a n n i n g i. Re v i e w an d ac c e p t or ch a l l e n g e 20 1 5 Sy s t e m St a t e m e n t Hi g h C BT 20 1 5 Yes ii . Re v i e w Im p l e m e n t a t i o n Ch a p t e r to as s u r e pr i o r i t y it e m s no t ov e r l o o k e d Me d BT 20 1 6 ii i . Tr a i l Pl a n Im p l e m e n t a t i o n Ad v i s o r y Co m m i t t e e Me d D 2 AW 20 1 6 ‐?Yes iv . Tr a i l Pl a n ap p r o v a l Hi g h IP / B S 3 v. Ma r i n a co n s i s t e n c y wi t h Co m p Pl a n Lo w BT 20 1 7 vi . 20 1 8 Co m p Pl a n Hi g h BT 20 1 6 ‐18 Yes Yes vi i . Do w n t o w n Pl a n Up d a t e Hi g h IP / O S BT 20 1 6 ‐17 Yes vi i i . An n e x a t i o n Ar e a Re d e v e l o p m e n t Pl a n Lo w BT 20 1 7 1 Th e pr i o r i t y co l u m n wa s ad d e d af t e r Ci t y Co u n c i l re v i e w 2 De l e t e d at di r e c t i o n of Ci t y Co u n c i l 3 Ap p l i c a t i o n no t ye t su b m i t t e d to Me t Co u n c i l fo r ap p r o v a l Co m m u n i t y De v e l o p m e n t Wo r k Pl a n 20 1 6 ‐17 Pa g e 2 Pr o j e c t or ta s k Pr i o r i t y St a t u s St a f f le a d Pr o j e c t Ye a r Strategic Plan State/Fed Mandate c. Or d i n a n c e De v e l o p m e n t i. Fr o n t ya r d pa r k i n g Hi g h C 4 AW 20 1 5 ii . Si g n or d i n a n c e re v i s i o n Lo w PP AW 20 1 6 ii i . Zo n i n g Co d e up d a t e Me d AW / B T 20 1 7 iv . Up d a t e sh o r e l a n d bu f f e r se t b a c k s pe r ne w St a t e la w Me d AW / B T 20 1 6 Yes v. Lo d g i n g st u d y an d po s s i b l e VR B O or d i n a n c e Me d IP / B S AW / B T 20 1 6 d. Ad m i n i s t r a t i v e Pr o j e c t s i. Ad d ho m e oc c u p a t i o n s & ve n d o r s li c e n s e s to pl a n n i n g da t a b a s e Me d IP / B S QW 20 1 6 ii . Sc a n mi s s i n g La s e r f i c h e pl a n n i n g ca s e s Me d IP QW 20 1 6 ii i . Fo r m a l i z e pr o c e d u r e fo r cl o s i n g ou t an d ar c h i v i n g pr o j e c t fi l e s Hi g h IP / B S QW , AW 20 1 6 iv . Cr e a t e di v i s i o n de p a r t m e n t ha n d b o o k fo r ro u t i n e ta s k s an d pr o c e d u r e s Me d IP QW , AW 20 1 6 v. Hi r e so f t w a r e de s i g n co n s u l t a n t to up d a t e or re p l a c e VI R Pl a n n e r (o n ‐li n e pr o p e r t y in f o ) Hi g h IP / B S AW , RH 20 1 6 e. Ec o n o m i c De v e l o p m e n t i. Es t a b l i s h st r a t e g y , pr i o r i t i e s an d st a f f i n g re q u i r e m e n t s (C o u n c i l st r a t e g y se s s i o n s ) Me d IP TM / B T 20 1 6 Yes ii . Cr e a t e fo r m a t fo r cu s t o m i z e d in f o r m a t i o n pa c k e t s in re s p o n s e to pr o p e r t y se a r c h in q u i r i e s Me d BT 20 1 6 f. Pa r k s i. Be r g s t e i n bu i l d i n g s – bu s i n e s s pl a n & gr a n t wr i t i n g fo r re h a b Hi g h PP AW 20 1 6 ii . Pa l m e r pr o p e r t y ac q u i s i t i o n an d ma n a g e m e n t pl a n Me d IP 5 /O S BT 20 1 5 ‐16 ii i . Ai p l e pr o p e r t y ac q u i s i t i o n an d ma n a g e m e n t pl a n Me d IP / B S 6 BT 20 1 6 g. Fa c i l i t i e s Pl a n n i n g i. Ne w fi r e st a t i o n – ac q u i r e de e d fr o m MS A B C Hi g h IP BT 20 1 6 ii . Po l i c e st a t i o n ex p a n s i o n an d re m o d e l Hi g h IP / O S BT 20 1 6 ‐17 Yes 4 1 st Re a d i n g de n i e d at CC me e t i n g 3/ 2 2 / 1 6 5 Pr o p e r t y ac q u i r e d ; ma n a g e m e n t pl a n is in pr o g r e s s 6 Sc h e d u l e re v i s e d du e to de a t h of Mr s . Ai p l e . St a f f wi l l no t be ab l e to co m p l e t e co n c e p t pl a n an d co n s e r v a t i o n ea s e m e n t on a ti m e l i n e acceptable to the County. Co m m u n i t y De v e l o p m e n t Wo r k Pl a n 20 1 6 ‐17 Pa g e 3 Pr o j e c t or ta s k Pr i o r i t y St a t u s St a f f le a d Pr o j e c t Ye a r Strategic Plan? State/Fed Mandate? ii i . Ol d ar m o r y us e an d ac q u i s i t i o n st r a t e g y Me d IP BT ?? h. Sp e c i a l Ev e n t s i. Af t e r ev e n t st r a t e g i e s se t by co u n c i l , re v i s e pr o c e d u r e s as ne e d e d Me d BT 20 1 6 Yes i. En f o r c e m e n t i. Im p r o v e in t e r d e p a r t m e n t a l pr o c e s s e s Hi g h BT / J G / TM 20 1 6 Yes ii . Cr e a t e in t e r d e p a r t m e n t a l tr a c k i n g sy s t e m fo r zo n i n g co m p l a i n t s Hi g h BT / J G / TM 20 1 6 Yes 2. BU I L D I N G DI V I S I O N a. Im p r o v e pr o c e d u r e s an d pe r m i t tr a c k i n g Hi g h IP CS / B T 20 1 6 i. Go a l – co m p l e t e pl a n re v i e w s fo r ne w ho m e s in 2 we e k s CS / J N / MG 20 1 6 Yes ii . Go a l – co m p l e t e pl a n re v i e w s fo r de c k s , po o l s & ac c e s s o r y bl d g s in 1 we e k CS / J N / MG 20 1 6 Yes b. Cr o s s ‐tr a i n i n g of al l in s p e c t o r s Lo w CS 20 1 6 c. As s e s s La s e r f i c h e fo r mi s s i n g pr o p e r t y fi l e s ; sc a n fi l e s th a t ar e mi s s i n g Me d IP CS / M G 20 1 6 d. Be g i n cr e a t i n g di v i s i o n ha n d b o o k fo r ro u t i n e pr o c e d u r e s Me d IP CS / M G 20 1 6 St a f f ke y St a t u s ke y BT Bi l l Tu r n b l a d IP In pr o g r e s s TM To m Mc C a r t y D De l e t e d JG Jo h n Ga n n a w a y C Co m p l e t e d CS Ci n d y Sh i l t s OS On sc h e d u l e JN Jo h n No b l e s BS Be h i n d sc h e d u l e MG Ma u r e e n Ge i e r PP Po s t p o n e d AW Ab b i Wi t t m a n QW Qu i n n Wi l l i a m s SS Sh a w n Sa n d e r s RH Ro s e Ho l m a n CC Ci t y Co u n c i l TO: Mayor & Council Members FROM: Bill Turnblad, Community Development Director DATE: April 26, 2016 RE: Management Plan for former Palmer Property BACKGROUND In December of 2015 the City purchased the former Palmer property remnant on the corner of Manning Avenue and Dellwood Road. It was purchased from Washington County, which used legacy funds to reduce the City’s purchase price. As part of the purchase contract with the County, the City agreed to develop a management plan for the protected areas of the site. The City asked the Brown’s Creek Watershed District board of directors if they would help develop the plan. They approved the request and committed $7,200 to hire EOR for the job. EOR and Watershed District staff met a number of times with the Public Works Director and myself to draft the plan. It is now ready for City Council to consider. COMMENTS As mentioned in the draft management plan, it “presents a site analysis, management recommendations, and implementation guidelines for control of invasive species and habitat restoration/enhancement...” The goal is to improve the vegetation on the portions of the land outside of the future active park area. On the attached property map, the area that the management plan applies to is marked as “averaged wetland buffer area” (which also includes delineated wetlands). Public Works and Community Development staff find the plan’s recommendations, guidelines, and monitoring to be reasonable. Palmer property management plan Page 2 REQUEST Public Works and Community Development staff recommend approval of plan and ask the City Council to consider adopting it. If it is found acceptable, then Council could adopt the attached Resolution of approval. bt Attachments: Resolution Draft Management Plan Palmer property management plan Page 3 RESOLUTION 2016- CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION ADOPTING THE “FORMER PALMER PROPERTY WETLAND BUFFER MANAGEMENT PLAN” WHEREAS, on December 13, 2012 a joint meeting was held between the City of Stillwater and Washington County officials to discuss the purchase of the former Palmer property at the southeast quadrant of the intersection of County Road 15 and State Highway 96; and WHEREAS, on September 15, 2015 the City Council of the City of Stillwater approved the Purchase Agreement between the City of Stillwater and Washington County for the property; and WHEREAS, on November 6, 2015, the City of Stillwater purchased the property; and WHEREAS, the Purchase Agreement committed the City of Stillwater to developing a management plan for the Brown’s Creek wetland buffer area on the site; and WHEREAS, Brown’s Creek Watershed District agreed to help the City develop a management plan and hired EOR for the project. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby adopts the Wetland Buffer Management Plan for the former Palmer Property, prepared by EOR and dated April 26, 2016. _____________________________ Ted Kozlowski, Mayor ATTEST: __________________________ Diane F. Ward, City Clerk water ecology community Former Palmer Property Wetland Buffer Management Plan April 26, 2016 Emmons & Olivier Resources, Inc. for the Brown’s Creek Watershed District & the City of Stillwater Former Palmer Property Page 1 Wetland Buffer Management Plan April 26, 2016 Table of Contents TABLE OF CONTENTS ................................................................................................................ 1 ACKNOWLEDGEMENTS ............................................................................................................ 2 INTRODUCTION .......................................................................................................................... 2 BCWD Wetland Buffer Requirements ..................................................................................................... 3 SITE DESCRIPTION ..................................................................................................................... 5 Existing Vegetation .................................................................................................................................. 5 Topography and Soils ............................................................................................................................... 5 Hydrology and Watershed ........................................................................................................................ 6 Site Survey................................................................................................................................................ 6 2016 IMPLEMENTATION & MONITORING ........................................................................... 13 Invasive Woody Species Removal ......................................................................................................... 13 Native Species Protection ..................................................................................................... 13 Mechanical Removal ............................................................................................................. 13 Herbicides ............................................................................................................................. 13 Seedling control .................................................................................................................... 13 Slash ...................................................................................................................................... 14 Fence/Fence Post Removal ..................................................................................................................... 14 Herbaceous Invasive Species Control .................................................................................................... 14 Targeted Planting and Over seeding ....................................................................................................... 14 Post-Restoration Monitoring .................................................................................................................. 15 Schedule of Activities ............................................................................................................................. 15 EXTENDED IMPLEMENTATION & MONITORING .............................................................. 16 Invasive Woody Species Removal ......................................................................................................... 16 Herbaceous Invasive Species Control .................................................................................................... 16 Targeted Over seeding ............................................................................................................................ 16 Stream Corridor Enhancements .............................................................................................................. 16 On-going Monitoring .............................................................................................................................. 16 Schedule & Level of Effort .................................................................................................................... 17 Former Palmer Property Page 2 Wetland Buffer Management Plan April 26, 2016 Acknowledgements This management plan was prepared for the Brown’s Creek Watershed District (BCWD) and the City of Stillwater, MN (City) by Emmons & Olivier Resources, Inc. (EOR). The following individuals critiqued and/or contributed to this plan. BCWD Karen Kill, Administrator City of Stillwater Bill Turnblad, Community Development Director Shawn Sanders, Public Works Director/City Engineer EOR Kevin Biehn, Landscape Architect Jason Naber, Natural Resource Specialist Joe Pallardy, Water and Natural Resources Specialist Introduction This management plan presents a site analysis, management recommendations, and implementation guideline for control of invasive species and habitat restoration/enhancement for the former Palmer Property located at the southeast quadrant of the intersection of County Road 15 and State Highway 96. This site is adjacent to Brown’s Creek and all delineated wetlands and associated upland areas serving as buffers to the wetlands. This management plan is intended to be used as an adaptive management plan with the objective of controlling invasive species, restoring a diverse assemblage of native species and enhancing the overall ecological value of the property. It is expected that full restoration of the site will require several years of management and ongoing monitoring. A combination of management treatments and methods will be required and will likely require adaptation over the course of the restoration based on current conditions, levels of infestation, as well as funding availability. This plan provides recommendations for initial control efforts in 2016 and recommendations for future management based on the effectiveness monitoring following initial control efforts. Background information was gathered from the City of Stillwater and a desktop analysis including review of aerial photos, topography, stormwater infrastructure, wetland boundaries, and soils was completed prior to the initial site inspection conducted on February 8th, 2016. The former Palmer Property consists of a 12.9 acre parcel. Preliminary plans for the developable portion of the parcel include construction of a parking lot, a lacrosse field, volleyball courts, and trail improvements. The parcel is encumbered by a conservation easement to protect existing wetlands and Brown’s Creek. This plan addresses the portion of the property that lies within the delineated wetland and the averaged wetland buffer (approximately 9.8 protected acres; Figure 1). Former Palmer Property Page 3 Wetland Buffer Management Plan April 26, 2016 All wetlands on the property are classified as “Preserve” according to the Brown’s Creek Watershed District (BCWD). Preserve wetlands meet one or more of the following rating levels pursuant to the Minnesota Routine Assessment Method (MnRAM) 3.0 for a “Preserve” wetland (Table 1). Table 1. Brown’s Creek Watershed District “Preserve” Wetlands Requirements Function or Value Rating Vegetative Diversity Exceptional Wildlife Habitat Exceptional Fish Habitat Exceptional Aesthetics/education/recreation/cultural Exceptional AND Wildlife Habitat High Stormwater Sensitivity Exceptional AND Vegetative Diversity Medium or greater Vegetative Diversity High AND Maintenance of hydrologic regime High or greater BCWD Wetland Buffer Requirements BCWD has established the following wetland buffer requirements for preserve wetland types: a. BCWD Wetland Buffer Requirements - Preserve” wetland type = 100 feet b. The District may require a planting or landscaping plan to establish adequate native vegetative cover for area that i. Has vegetation composed more than 30 percent of undesirable plant species (including, but not limited to reed canary grass, common buckthorn, purple loosestrife, leafy spurge, bull thistle, and other noxious weeds); or ii. Consists more than 10 percent of bare or disturbed soil or turf grass. c. Other wetland buffer rules i. Creating impervious cover. ii. Excavating fill or placing fill or debris, except for temporary placement of fill or debris pursuant to duly-permitted work in the associated watercourse, in compliance with all conditions of the permit, and in compliance with section 4.6. iii. Altering vegetation, except for (i) vegetative enhancements, as approved in writing by staff; and (ii) the removal of invasive exotic species or of trees for disease control or revegetation. A tree larger than six inches in diameter at a point two feet above the ground may be removed only on written authorization from District staff on a determination that the function of the buffer will not be diminished. iv. Applying phosphorus-containing fertilizers, except on written authorization from District staff on a determination that phosphorus application is appropriate and will not injure the waterbody. Former Palmer Property Page 4 Wetland Buffer Management Plan April 26, 2016 Figure 1. Site Location Former Palmer Property Page 5 Wetland Buffer Management Plan April 26, 2016 Site Description Existing Vegetation The 9.8 acre undevelopable area is currently comprised of scattered upland woodlands and an upland to wetland transitional zone that buffers the high quality wetlands adjacent to Brown’s Creek. The woodlands contain quaking aspen (Populus tremuloides), red pine (Pinus resinosa), white pine (Pinus strobus), common buckthorn (Rhamnus carthica), tartarian honey suckle (Lonicera tartarica) and scattered Scots pine (Pinus sylvestris). Most buckthorn shrubs were heavily fruited during the site visit and were distributed in isolated clumps throughout the parcel. The wetland transitional zone appeared to be dominated by reed canary grass, (Phalaris arundinacea). Other species observed within the wetland during the site visit included speckled alder (Alnus incana), steeplebush (Spiraea tomentosa), sensitive fern (Onoclea sensiblis), narrow leaf cattail (Typha angustifolia), prickly wild rose (Rosa acicularis), Sedges (Carex sp) and fringed brome (Bromus ciliatus). Topography and Soils The topography of the former Palmer Property consists of a gradually sloping floodplain that borders Brown’s Creek on the northeastern quarter of the property (Figure 2). The floodplain transitions quickly to an upland plateau on the properties’ northwestern corner, this upland plateau appears to have been created by fill material placed along the previous wetland boundary. The southern portion of the property contains the steepest slopes including an isolated cone shaped land feature that overlooks a small tributary to Brown’s Creek. Two thirds of the property is comprised of Antigo 49C soil series on slopes from 6 to 12%. This soil series is classified as well drained and is the dominant soil series on most upland portions of the property despite being classified as partially hydric. Mahtomedi loamy sandy soils are the dominant soil series on the steeply sloped feature along the southern portion of the property boundary. Auburndale soil series border both sides of Brown’s Creek; this is a hydric soil series. Markey Muck soils (also hydric) are found in the valley that borders the tributary that flows from west to east along the southern portion of the property (Figure 3). Table 2. Former Palmer Property Soil Series Soil Name Soil symbol Drainage Class Landform % Slope Surface Texture Mahtomedi 454D Excessively Drained Upland Slopes 12-25% Loamy Sand Auburndale 189 Poorly Drained Depressions 0-1% Silt Loam Markey 543 Very Poorly Drained Depressions 0-1% Muck Antigo 49C Well Drained Uplands 6-12% Silt Loam Barronett 1847 Poorly Drained Floodplain 0-1% Silt Loam, Sandy Substratum Former Palmer Property Page 6 Wetland Buffer Management Plan April 26, 2016 Hydrology and Watershed The property is located in the Brown’s Creek Watershed District. The National Wetland Inventory recognizes one wetland on the property. The NWI wetland is classified as an emergent, lotic, stream floodplain, and flow through wetland (Figure 4). Wetland signatures on the parcel do not appear to have changed over the past 60 years based on a review of aerial imagery from 1957 (Figure 5). Site Survey The location of mature non-native species within the undevelopable area was collected using a submeter differential Global Positioning System (GPS) during the February 8th, 2016 site visit. Data collected was then transferred to ArcMap v. 10.3 Geographic Information System (GIS) for evaluation and mapping. A vegetation map depicting the location of mature, non-native species observed during the site visit is provided in Figure 6. The site inspection confirmed a scattered, clumped distribution of mature, fruiting buckthorn (Rhamnus carthica) along with several other invasive herbs and shrubs including tartarian honeysuckle (Lonicera tartarica), spotted knapweed (Centaurea stoebe), and tansy (Tanacetum vulgare). Deteriorated metal fencing and fence posts on the property create barriers to wildlife movement and detract from the aesthetics of the property. Fence post location points were collected using a submeter differential Global Positioning System (GPS) and transferred to ArcMap v. 10.3 Geographic Information System (GIS) to delineate the total amount of fencing present on the property and the condition of the fencing (Figure 7). Former Palmer Property Page 7 Wetland Buffer Management Plan April 26, 2016 Figure 2. LIDAR Digital Elevation Model (DEM) with two foot contours Former Palmer Property Page 8 Wetland Buffer Management Plan April 26, 2016 Figure 3. Hydric Soils Former Palmer Property Page 9 Wetland Buffer Management Plan April 26, 2016 Figure 4. National Wetlands Inventory Mapped Wetlands Former Palmer Property Page 10 Wetland Buffer Management Plan April 26, 2016 Figure 5. Historical Images of Former Palmer Property from 1957 (Left) and 1964 (Right) Former Palmer Property Page 11 Wetland Buffer Management Plan April 26, 2016 Figure 6. Location of Invasive Species Documented during February 8th, 2016 Site Visit Former Palmer Property Page 12 Wetland Buffer Management Plan April 26, 2016 Figure 7. Condition of Existing Fencing on the Property Former Palmer Property Page 13 Wetland Buffer Management Plan April 26, 2016 2016 Implementation & Monitoring Invasive Woody Species Removal All fruiting buckthorn and mature tartarian honeysuckle will be removed from the 9.8 acre undevelopable area in 2016. An ecologist will oversee all removal activities to ensure proper care is taken to minimize seed dispersal. The City of Stillwater has previously committed staff and budget to clearing buckthorn on the property. Native Species Protection All native species in the shrub layer will be flagged by an ecologist prior to any management activities. Protecting naturally recruiting native species over the course of the restoration will hasten succession and reduce costs associated with purchasing and planting. Mechanical Removal Initial removal efforts will be targeted to mature, fruiting individuals to reduce seed dispersal. This will be achieved by placing mature fruiting buckthorn shrubs on tarps for transport to designated area for chipping. Stumps will be cut (to a height not to exceed 4”) and treated with herbicide to prevent re- sprouting. Herbicides Cut stumps will be treated immediately with herbicide using a paint brush or wick applicator. Broadcast spraying is not recommended due to potential impacts to native species. It is recommended to add dye to the herbicide to keep track of stumps that have been treated. Table 3 provides a list of recommended herbicides. Table 3. Recommended herbicides Chemical Example Products Glyphosate Round-up® Ortho® basic Solutions Weed and Grass Killer Rodeo® (for use in wet areas) Tryclopyramine Garlon® 3A Ortho® Brush B-Gon® Tryclopyr ester (recommended only for basal bark treatments or frill method) Garlon® 4 Crossbow® & Pathfinder® Seedling control Buckthorn is a prolific seeder, and areas that have been recently cleared quickly regenerate by seed. Following the removal of mature, fruiting species, seedling control efforts will be needed. Removal of small seedlings will occur first as these are the easiest to control. For small seedlings/ saplings that are less than 3/8 inch in diameter, hand-pulling or mechanical pulling will be used to prevent plants from re- sprouting. For buckthorn that is greater than 3/8 inches, cutting and stump treating with a wick Former Palmer Property Page 14 Wetland Buffer Management Plan April 26, 2016 applicator will be the recommended approach. Hand pulling should be conducted when the soil is moist, such as after a snowmelt or rain event. This method will provide the best results but will increase disturbance. If soil is significantly disturbed during hand pulling, it will be tamped back in place and seeded to prevent erosion. Spot-treating buckthorn seedlings and stems smaller than 3/8”with an herbicide will only be done if native herbaceous species are dormant or not present. Slash Stems and branches without fruiting berries will be chipped and spread over the upland portions of the site taking care to not smother any native plant species (newly planted or existing). Logs will be hauled away or placed flat on the ground to serve as erosion control, especially on the steep slopes. Logs will be placed horizontally on the slope (i.e. parallel to the contours). Branches with berries will be placed onto tarps or plastic and moved to a single location on site for chipping. Additionally, selected corridors for removal will be established to minimize seed dispersal. Fence/Fence Post Removal All existing metal fencing will be stacked at an accessible location where it will be hauled offsite by City of Stillwater. All fence posts and footings will be removed during the winter of 2016-17 with the use of small mechanical equipment such as a skid steer. The majority of the work will be completed by the City of Stillwater with Conservation Crew of Minnesota and Iowa providing temporary labor focused on stacking metal fencing at a predetermined accessible location. Herbaceous Invasive Species Control Species such as tansy, spotted knapweed, and other non-native herbaceous species (other than reed canary grass) identified during future site visits will be hand pulled immediately following woody species control efforts to prevent further spread. It is expected that more herbaceous invasive species will be identified in spring, when the snowmelt occurs. Other than reed canary grass, non-native herbaceous species infestations appear to be smaller; hand-pulling prior to seed set will be the most effective means of controlling these smaller infestations. Reed canary grass control is not proposed at this time. If reed canary grass management is needed in the future, options for management may include herbicide treatments, mowing of fruiting seed heads and controlled burns. If larger infestations of invasive herbaceous species are identified where hand-pulling is not feasible, these areas will be spot treated with an approved herbicide by spraying the rosette stage prior to bolting. Spot treating will be accomplished by spot-spraying with a backpack or handheld sprayer. Herbicide treatments will be performed in late summer to reduce impacts to native plants and animals. All herbicides will be used according to manufacturer labels. All uprooted vegetation, especially with seed heads, will be removed from the site by placing the plants into bags or onto tarps. One corridor will be identified for accessing the site to minimize seed dispersal. Targeted Planting and Over seeding A site inspection following shrub removal activities will be made to confirm that all mature, non-native woody species have been removed. All areas disturbed during invasive shrub and fence post removal Former Palmer Property Page 15 Wetland Buffer Management Plan April 26, 2016 will be seeded by hand with the following native seed mixes: Wetland – State Mix 34-261 @ 31.5lbs/per acre Wetland/Upland Transition – State Mix 33-262 @ 44lbs/per acre Post-Restoration Monitoring The dominance of reed canary grass in addition to the presence of buckthorn, tartarian honeysuckle, spotted knapweed, and tansy suggest that the wetland buffer does not meet the BCWD rule set forth for preserve wetlands stating that the wetland buffer should consist of no more than 30 percent of undesirable plant species. As site restoration activities progress, adaptive management strategies will be used to control invasive species within the undevelopable area. Schedule of Activities The BCWD has offered to initiate the first steps of this management plan, which are outlined in Table 4, and has secured the Conservation Corps Minnesota & Iowa (CCM&I) labor force to do so. It is anticipated that the allotted time of CCM&I should be sufficient to complete these initial tasks, but it is understood that the City is responsible for all unfinished tasks. Table 4. Anticipated Plan for 2016 Restoration Activities Management Activity April May June Comments Flag/ map natives  Flag any stands of native species for protection  Flag stands of invasive/noxious species for removal/treatment In v a s i v e S p e c i e s Co n t r o l Shrub  Cut in early spring to avoid impacts to native species Woody Seedlings  Pull/ treat seedlings in early spring Herbaceous  Spot treat (herbicide) all noxious weeds Post - Restoration Monitoring  Evaluate progress towards BCWD goals Fence Removal  Disassemble and stockpile chain link fencing and barbed wire (not posts) Targeted Over Seeding  Sow native seed to areas that have been treated (3 weeks after treatment) or areas otherwise denuded; Former Palmer Property Page 16 Wetland Buffer Management Plan April 26, 2016 Extended Implementation & Monitoring In addition to the detailed activities identified for 2016, the following activities are recommended to optimize the ecological value of the buffer, wetland and creek. Invasive Woody Species Removal No mature buckthorn or tartarian honeysuckle will remain on the site following the first year of management. Continued monitoring and management of seedlings will be necessary to ensure these invasive species do not recolonize the site. Herbaceous Invasive Species Control Continued monitoring and management of the invasive herbaceous species will be necessary to maintain the ecological integrity of the site. Depending on site conditions, an adaptive management strategy will be needed. Management tools may include spot herbicide treatments, hand pulling, seed head removal and controlled burns. Targeted Over seeding Reestablishing a robust vegetative community on the site will improve resiliency and enhance ecological function. To minimize the risk of recolonization of invasive species, all denuded areas caused by site management activities should be seeded with a suitable native seed mix. The following seeding guide could be used across the buffer: Wetland – State Mix 34-261 @ 31.5lbs/per acre Wetland/Upland Transition – State Mix 33-262 @ 44lbs/per acre Stream Corridor Enhancements Brown’s Creek runs through the project site. Management recommendations include enhancing thermal protection and increasing in-stream habitat. This will be accomplished by selective planting of native wetland shrubs along the creek corridor and conceivably installing large woody debris1 to this reach of Brown’s Creek that is essentially void of this beneficial habitat structure. Funding for these projects is not currently available. These activities will be implemented as funding permits and the City is not required to complete these enhancements. On-going Monitoring The dominance of reed canary grass in addition to the presence of buckthorn, tartarian honeysuckle, spotted knapweed, and tansy suggest that continued monitoring and adaptive management will be necessary to maintain ecological function and to meet the BCWD wetland buffer rule. 1 Large woody debris (LWD) is a term applied to pieces of dead wood larger than 0.1 m in diameter and 1.0 m length. The term can be used to refer to entire trees, roots, trunks, logs, branches and other large pieces of wood that can accumulate within river systems. They provide a diversity of habitat patches which can support a wide range of organisms at different stages of their life cycle. LWD accumulations can have an important role in regulating water quality and in sustaining refuge habitats to protect biota during pollution episodes and high flows. In addition, LWD accumulations provide important food sources for aquatic biot a. Former Palmer Property Page 17 Wetland Buffer Management Plan April 26, 2016 Schedule & Level of Effort All City activities/responsibilities for a 10-year period are summarized in Table 5. Labor hours, equipment and material cost have been estimated for each activity. It is assumed that the City will evaluate the wetland buffer after this period and update the Management Plan accordingly at that time. Former Palmer Property Page 18 Wetland Buffer Management Plan April 26, 2016 Table 5. Anticipated 10-Year Plan for Restoration & Monitoring Activities Management Activity Occurrence Comments Estimated Labor Estimated Materials & Cost Fence Removal Winter of 2016-17 Remove & dispose of all posts, footings & fencing; Fill in footing holes; Seed and mulch all disturbed areas 10 hours tracked- skidsteer & operator; 20 hours labor $500 (disposal) $500 (site restoration) In v a s i v e S p ec i e s Co n t r o l Shrub Winter of 2016-17 Cutting and treating of any remaining invasive/noxious shrubs 3/8” diameter or larger; 8 hours $100 (herbicide) Woody Seedlings 2017 & 2018 & then every other year Pull/treat seedlings in early spring; 8 hours per treatment $200 (herbicide) per treatment Herbaceous 2017 & 2018 & then every other year Treat all identified (per annual monitoring) concentrations of MN Noxious Weeds; Targeted Over Seeding In conjunction w/ woody & herbaceous species treatment Sow native seed to areas that have been treated (3 weeks after treatment) or areas otherwise denuded; 4 hours per application $100 (seed) per application Prescribed Burn 2018 or 2019 Spring burn timed to combat cool-season grasses; Completed prior to Shrub planting; N/A $2000± (contracted burn) St r e a m C o r r i d o r En h a n c e m e n t * Shrub Any year Spring or Fall planting(s) as funding allows; Completed in conjunction with BCWD support/involvement; 24 hours $10,000± (plant material) Large Woody Debris Any year Winter installation to limit disturbance; Completed in conjunction with BCWD support/involvement; N/A $8,000 (contracted cost) Ongoing Site Monitoring & Documentation Annually Site inventory during growing season to monitor restoration activities and assess invasive species; Prepare annual report detailing activities completed and subsequent management recommendations; 8 hours annually N/A *Activity not required to satisfactorily complete Management Plan I. 2 . 3. 4. 5. 6. 7. 8. 9 . 10. 11. Washington -..,.c ~~ ounty Board of Commissioners FY Fran Miron, Chair, District 1 Gary Kriesel , District 3 Karla Bigham , District 4 Lisa Weik, District 5 9:00 9:00 9:10 9:10 9:20 9:25 9:35 9:45 10:00 10:45 BOARD AGENDA MAY 3, 2016-9:00 A.M. Roll Call Pledge of Allegiance Comments from the Public Visitors may shore their comments or concerns on any issue that is a responsibilityor function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Boardsecreta,y or the County Administrator. The County Board Chairwillaskyou 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 thefi,I/ Board a/Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individuals presentation ifit becomes redundant, repetitive, overly argumentative, or ifit is not relevant to an issue that is part of Washington COllnty's Responsibilities. Consent Calendar -Roll Call Vote Housing and Redevelopment Authority-Melissa Taphorn, Deputy Executive Director Resolution -Approval of2017 Qualified Allocation Plan for the Housing Tax Credit Program Property Records & Taxpayer Services -Steve Gransee, Division Manager Approval of Revision to Property and Taxation Policy #4003 Tax-Forfeited Property Public Works -Cory Slagle, Assistant County Engineer A. Approval of Contract with A-1 Excavating, Inc. in the Amount of $6, 162,046.13 for Construction of Phase II of the County State Aid Highway (CSAH) 17 /Lake Elmo Village Project B. Approval of Contract with Short Elliott Hendrickson, Inc. in the Amount of$578,200 for Construction Engineering Services for Phase II of the CSAH 17/Lake Elmo Village Project C. Approval of Amendment No. 1 to Contract 9748 w ith Short Elliot Hendrickson in the Amount of $92,000 for Additional Final Design Engineering Services for Phase II of the CSAH 17 /Lake Elmo Village Project General Administration -Molly O'Rourke, County Administrator Legislative Updates 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 intere st and infomzation, or raise questions to the staff This action is not intmded to result in substanti1e board action durirg this time. Any action necessary because of discussion will be sdieduledfor afillure board meeting. Board Correspondence Executive (Closed Session) with the Sheriffs Office -Sergeant Tim Harris Board Security Training Adjourn 12. 10:50-11 :20 Board Workshop with Housing and Redevelopment Authority-Melissa Taphorn, Deputy Executive Director Updates on Red Rock Crossing Redevelopment 13. 11 :25-11 :55 Board Workshop with the Attorney's Office -County Attorney Pete Orput and lmran Ali , Assistant Attorney III Overview of Major Crimes Initiative -Juvenile Sex Trafficking Assistive listening devices are available tor use in the County Board Room EQUAL EMPLOYMENT OPPORTUN ITY/ AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * MAY 3, 2016 The following items are presented for Board approval/adoption: DEPARTMENT/ AGENCY Administration Human Resources Information Technology Property Records & Taxpayer Services Public Works Sheriffs Office ITEM A. Approval of April 19 , 2016 County Board Meeting Minutes. B. Approval of 1.00 Full Time Equivalent Communications Specialist position. C. Approval of additional .20 Full Time Equivalent Financial Analyst 1. D. Approval to purchase network equipment from DataLink for use in the Public Works North Shop facility. E. Approval of resolution for conveyance of tax forfeited land parcels to the City of Woodbury. F. Approval of resolution for reconveyance of tax forfeited land parcel to the State of Minnesota . G. Approval ofresolution for classification and sale of tax forfeited lands for an authorized public purpose to the cities of Oakdale and Woodbury. H. Approval ofresolution for the withdrawal of twenty-eight private sale parcels from sale to allow for reappraisal. I. Approval of resolution for the classification and basic sale price of tax forfeited parcels and authorize the Department of Property Records & Taxpayer Services to offer these parcels for sale to adjacent landowners through private sales. J. Approval of contract with Versacon to complete Government Center north entry waterproofing and leak repair. K. Approval of an agreement between Washington County and the State of Minnesota, Department of Human Services , for the establishment and operation of a fixed-site radiological emergency reception center. Consent Calendar items are ge nerally 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 tor use in the County Board Room . .. . EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOY ER 1. 2. ,, .) . 4. 5. 6. 7. 8. Washington ~county ,. ..._.; BOARD AGENDA F APRIL 26, 2016 -9:00 A.M. Board of Commissioners Fran Miron . Chair, District 1 Gary Kriesel , District 3 Karla Bigham . District 4 Lisa Weik, District 5 9:00 9:00 9: 10 9: 10 9:25 9:35 9:50 Roll Call Pledge of Allegiance Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibilityor function of WashingtonCountyGovernment, whether or not the issue is listed on this agenda. Persons who wish to address th e Board must fill our a comment card before the meeting begins and give it to the County Board secretary or the CountyAdministrato1: The County Board Chair will ask you to come to the podium, state your name and city a/residence , and present your comments. Your comments must be addressed exclusively to the Board Chair and thefi1ll Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more thanflve minutes. The Board Chair reserves the right to limit an individuals presentation if it becomes redundant, repetitive, overly argumentative, or ifit is not relevant to an issue that is part of Washington County's Responsibilities. Consent Calendar -Roll Call Vote Public Works -Joe Welter, Project Manager and Cory Slagle, Assistant County Engineer A. Approval of Change Order #11 to Contract 9492 with Donlar Construction Company for Work on the North Shop Renovation Project -Joe Welter, Project Manager B. Approval of Change Order #8 to Contract 9495 with Red Cedar Steel Erectors, Inc. for Work on the North Shop Renovation Project-Joe Welter, Project Manager C. Approval of Change Order #1 to Contract 9506 with St. Paul Linoleum & Carpet Company for Work on the North Shop Renovation Project -Joe Welter, Project Manager D. Approval of Change Order #4 to Contract 9514 with Arnt Construction Company, Inc. for Work on the North Shop Renovation Project -Joe Welter, Project Manager E. Approval of Contract with G Urban Companies, Inc. for $149,886 for the Various Concrete Projects -Cory Slagle, Assistant County Engineer General Administration -Molly O'Rourke, County Administrator A. Resolution -2016 First Quarter Donations B. Legislative Updates Commissioner Reports -Comments -Questions This period of time shall beused by the Commissioners to report to thefi1/l Ebard on committee activities, make comments on matters of interest and infom1ation, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessa,y because of discussion will be sdieduledfor a jillure board meeting. Board Correspondence Adjourn 9. 9:55-10:15 Board Workshop with Community Corrections-Ren Clinton, Division Manager 10 :20 Overview of the First Year of Operation for the Re-entry Assistance Program; a Collaborative Service of Multiple County Departments Personnel Committee Assistive listening devices are available for use in the County Board Room . . .. . EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * APRIL 26, 2016 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY Administration Property Records & Taxpayer Services Public Works Sheriffs Office ITEM A. Approval of April 12, 2016 County Board Meeting Minutes. B. Approval of application for a renewal of an On-Sale and Sunday Liquor License for Cenco Farms Inc., Afton Apple Orchard at 14421 S. 90 1h Street, Hastings, located in Denmark Township. C. Approval of Contract with Prevolv to Furnish and Install Inscape Workstations for the North Shop Renovation Project. D. Approval of resolution recognizing Law Enforcement Memorial Day, Law Enforcement Memorial Week and Correctional Officers Week in Washington County. E. Approval of permanent use of fund balance in Sheriffs Office fund 126 (Federal Equitable Sharing) for the first quarter 2016. Consent Calendar items are generally defined as items of routine business , not requiring discussion , and approved in one vote. Commi ssioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action . Assistive ~istening device~ are. ~vai/ab/e for use in the County Board Roam EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER Summary of Proceedings Washington County Board of Commissioners April 19, 2016 F Present were Commissioners Fran Miron, District 1; Gary Kriesel, District 3; Karla Bigham, District 4; and Lisa Weik, District 5. Board Chair Miron presided. Commissioner Reports -Comments -Questions The Commissioners reported on the following items: I -Commissioner Bigham-congratulated Tony Jurgens, member of the Washington County Library Board, who was named Cottage Grove Volunteer of the Year, and Majel Carroll, former Executive Director of Stone Soup, who was named St. Paul Park Volunteer of the Year. She attended a Cottage Grove VFW meeting on April 18th and discussed veterans' services and promoted the Veterans Campground on Big Marine Lake. She will also be attending the St. Paul Park's American Legion on April 19th to discuss similar issues. She testified for the Red Rock Corridor appropriation in the Transportation Committee in the House of Representatives . On April 20th, the committee will lay over the bills for possible inclusion into the Transportation Omnibus Bill. The Newport Tax Increment Financing (TIP) bill will be in the House of Representatives, Property Tax Committee on April 20th. She attended the Cottage Grove Chamber Business Expo. She attended open houses for the Jamaica A venue and 7oth Street/Co Rd 22 roundabout, and 70th Street improvements. She attended an open house regarding Warner Electric in Cottage Grove. -Commissioner Weik -reported that she met with Representative Torkelson and Representative McNamara at the Capital regarding the Red Rock Corridor and Gateway Corridor. She attended both the Gateway Corridor Commission and the Gateway Corridor Policy Analysis Committee meetings, and summarized actions taken at the meetings. She attended the Woodbury Yellow Ribbon Network meeting on April 14th. She reported that at Woodbury Thrive, it was suggested that veterans could participate in the community discussions through the Yellow Ribbon Network. She met with Dan Dolan from the University of Minnesota Extension regarding new strategies to market and grow 4-H memberships including an expanded diversity outreach. She attended an East Metro Strong meeting on April 1 gth, and reported that the City of Landfall would like to formally join East Metro Strong. She reported that on April 18th, the League of Women Voters membership meeting from both Cottage Grove and Woodbury held a public forum on Aging with Dignity. -Commissioner Kriesel -reported that he attended the Minnesota Inter-County Association meeting regarding legislative updates. He attended the Washington County Yellow Ribbon network meeting. He met with Dan Dolan from the University of Minnesota Extension regarding initiatives at the Washington County Fairgrounds. -Commissioner Miron -reported that he testified before the Property Tax Committee in the House of Representatives regarding Washington County's Housing and Redevelopment Authority and economic development. He and Public Works Director Don Theisen met with the May Township Board Chair regarding county involvement in land use activities within the townships. He attended Lakes Area Youth Service Bureau (YSB) Donor Luncheon and thanked all donors that support the YSB in both Forest Lake and Stillwater. Community Services -Approval of Contract with Next Chapter Technology, Case Works. General Administration Approval of the following actions : -April 5, 2016 , County Board Meeting Minutes . -Board correspondence was received and placed on file. -Resolution No. 2016-050 , Proclamation of Gasthaus Bavarian Hunter and Artie Schaefer Day April 23 , 2016. -Resolution No. 2016-051, authorizing an application for funding to the Legislative-Citizen Commission on Minnesota Resources for the purchase and deployment of decontamination units. -Letter to be sent to county legislative delegation in support of sales tax exemption for joint powers boards and instrumentalities of counties and other local governments . -Molly O 'Rourke , County Administrator, reported that Washington County Internal Auditor, Ron Johnson, passed away last week, and that there will be an Audit Committee Meeting on April 2151 to meet with the external auditor. -She reported that there is a joint meeting with the Housing and Redevelopment Authority Board in regards to the Federal Community Development Block Grant. -Molly also reported that several of the County's items are moving forward to hearings and committees thanks to the Commissioner's and John Kaul's efforts to contact legislators. -Workshop discussed updates on the use ofBOLDplanning software . Public Works Approval of the following actions: -Resolution 2016-053 , authorizing Public Works Director to enter into contracts for the emergency repairs of Hardwood Creek Trail. -Permanent Use of Fund Balance not to Exceed $100,000 from the Parks Stewardship Fund 214 to Complete the Hardwood Creek Regional Trail Emergency Repairs. -Contract with Park Construction Company for $1 ,683 ,290.30 for Trunk Highway (TH) 96 and County State Aid Highway (CSAH) 15 Intersection Improvement Project. -Contract with SRF Consulting Group for $365,493 for Construction Inspection for the TH 96/CSAH 15 Intersection Improvement Projects. Regional Rail Authority Approval of the following items: -Regional Rail Authority Meeting Minutes from February 9, 2016. -Executive Session to review appraisal information on Lot 2 and Outlot A of Newport Station Addition. Sheriff -Resolution 2016-052 , approving agreement between Washington County and Independent School District 622 for Adult Basic Education services . 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°ct Street N., Stillwater, Minnesota.