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Home My WebLink About2016-11-15 CC PacketREVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North November 15, 2016 SPECIAL MEETING 4:30 P.M. REGULAR MEETING 7:00 P.M. 4:30 AGENDA I.CALL TO ORDER II.ROLL CALL III.OTHER BUSINESS1. 4:30 – 5:15 p.m. - Workshop with Library Boarda) Building remodeling project updateb)Library/Council Communications – future meeting schedulec)Update on County communicationsd)Update on Library event policy discussionse)2017 Library Budget update2.Discussion on bids for Police Department & City Hall Improvementsa) Possible approval of resolution accepting/rejecting building project bids 7:00 P.M. AGENDA IV.CALL TO ORDER V.ROLL CALL VI.PLEDGE OF ALLEGIANCE VII.CANVASS OF MUNICIPAL ELECTION VIII.APPROVAL OF MINUTES3.Possible approval of November 1, 2016 regular and recessed meeting minutes IX.PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS4.Certificate of Appreciation – Jim Martin5.Presentation of Water Supply Program – Board of Water Commissioners X.OPEN FORUM - The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. XI.STAFF REPORTS6.Police Chief7.Fire Chief8.City Clerk9.Community Development Dir.10.Public Works Dir.11.Finance Director – Truth in Taxation Meeting (December 6, 2016) Announcement 12.City Attorney13.City Administrator XII.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 - 201, directing payment of bills15.Possible approval to purchase audio visual equipment for Riverview conference room – IT16.Resolution 2016-202, approval of grant from Metropolitan Council for 2040 ComprehensivePlan development17.Resolution 2016-203, approval of 2017 liquor and tobacco license renewals18.Resolution 2016-204, approval of 2017 Letter of Understanding for Impound HousingServices19.Resolution 2016-205, approval of maintenance agreement with Washington County CSAH 12.20.Resolution 2016-206, approval of traffic control maintenance agreement with WashingtonCounty for the traffic signal at CSAH 12 and Maryknoll Drive21.Resolution 2016-207, approval of Library Board appointment XIII.PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 MINUTES OR LESS.None. XIV.UNFINISHED BUSINESS22.Consideration of extension to deadline for Stillwater Collision XV.NEW BUSINESS23.Possible approval of Landscape plan amendment for Rutherford Station XVI.PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVII.COMMUNICATIONS/REQUESTS XVIII.COUNCIL REQUEST ITEMS24.Beyond the Yellow Ribbon update XIX.STAFF REPORTS (CONTINUED) XX.ADJOURNMENT TO: Mayor & Council FROM: Bill Turnblad, Community Development Director DATE: November 14, 2016 RE: Police Station and City Hall remodel project BACKGROUND Bids were opened on October 25, 2016 for the Police Station/City Hall remodel project. Unfortunately, they came in $280,000 over budget. So, the design team and construction manager have been working over the last several weeks to identify alternatives that would bring the project back under budget. COMMENTS The savings necessary to keep the project under budget are identified in the attached table. The primary changes would be in the following areas:  Change limestone-like panels on exterior of building to large bricks.  Delete cabinetry (casework) in two Police Department rooms.  Delete the new counter and window system for second floor reception. The kevlar protection and new tile over it will still be included in project.  Delete all work in rooms A129-133. This eliminates one of the planned offices. That office will be moved to and replace the extra conference room.  Delete exterior security cameras.  Change HVAC specifications.  Revise the scope of work for the storm sewer running under the current breezeway. As seen in the attached table, $265,360 in savings are identified. In addition, $10,000 will be saved by not doing any storm sewer work in the south parking lot. This leaves $4,640 more in costs than budgeted. And though a revised number is not yet available, at least $4,640 will be saved by revising the storm sewer work. Therefore, the project with the changes will be under budget. ACTION REQUESTED Staff requests that the City Council approve the low bidders as detailed in the contract awards letter attached from Wenck. This can be done by adopting the attached resolution. If Council approves the low bidders, Wenck would negotiate the required changes and their associated savings on behalf of the City. When that is complete, contracts with the low bidders would be written. bt Attachments: Savings Award letter Resolution RESOLUTION NO. 2016- A RESOLUTION APPROVING AWARD OF BIDS TO REMODEL POLICE STATION AND CITY HALL WHEREAS, on October 25, 2016 bids were publicly opened and tabulated for the Police Station and City Hall remodeling project; and WHEREAS, Wenck Construction managed the bid opening and tabulation process for the City; and WHEREAS, Wenck Construction recommends rejecting all bids for aluminum windows/curtain walls and re-bidding for that work, but awarding all other work to the lowest responsible bidders as contained in their letter dated November 10, 2016. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby accepts the recommendations from Wenck Construction as contained their letter dated November 10, 2016, and authorizes Wenck Construction to negotiate contracts on behalf of the City that do not exceed the project’s approved budget. Enacted by the City Council of the City of Stillwater, Minnesota this 15th day of November, 2016. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, Clerk STILLWATER POLICE REMODEL AND CITY HALL UPGRADES DETAILED VALUE ENGINEERING REPORT 11/15/16 rev. 7 CONST.SELECTED REMARKS UNIT COST * RATING SAVINGS DESCRIPTION QUANTITY UNIT PRICE EXTENSION TOTAL TOTAL CONCRETE -delete insulation and topping at existing Training Room (650)SF 10.00 (6,500)A (6,500)Topping not required. -change from 9" structural slab to 6"(140)SF 3.00 (420)B Only includes north slab section. (6,920) MASONRY -change to face brick from Architectural precast wall panels (720)SF 28.00 (20,160)Wold to specify brick (20,160)A (20,160) CARPENTRY/DEMO -allow alternate evidence locker manufacturer (1)LS 7000.00 (7,000)A (7,000) - Zodiac alternate solid surface manufacturer from spec'd Cambria (1)LS 2400.00 (2,400)A (2,400) b - delete casework in Patrol office B136 (1)LS 7000.00 (7,000)B - change stainless steel tops to chemical resistant plam (1)LS 2500.00 (2,500)B -delete casework at A104 and A106 (1)LS 5000.00 (5,000)A (5,000)Keep all the casework in room B136 Patrol Office. (30,900) Aluminum Windows/Curtain Walls -delete Second Floor City Counter (1)LS 25000.00 (25,000)A (25,000)Keep glazing & CT. New kevlar panels, tile. -delete display case at Lobby (1)LS 7500.00 (7,500)A (7,500)Glazing $4800, Carp $500, GWB $1200, Tile $1000. -change 6" CW to 4" SF system (1)LS 5000.00 (5,000)A (5,000) -change to standard SF windows from pre-glazed system (1)LS 3000.00 (3,000)A (3,000) (40,500) REBID CONTRACT #0840-ALUMINUM WINDOWS/CW Capital City Glass late bid was $90K. -potential savings (1)LS 20000.00 (20,000) (20,000)A (20,000) GENERAL CONSTRUCTION, MECH. & ELECT. - delete all work in rooms A129-A133, rm A105 becomes office (1)LS 60000.00 (60,000) (60,000)A (60,000)876 Sf at $68/SF Estimated savings HVAC/TEMP CONTROLS -allow alternate temp. controls vendor UHL Company (1)LS 11000.00 (11,000)A (11,000)Thelen/UHL Co. estimate. - revise duct insulation density from 1 lb to 3/4 lb density (1)LS 500.00 (500)B Wold to advise. - delete 4 VAV boxes, rooms to share (1)LS 11300.00 (11,300)A (11,300)Thelen pricing. - Uhl Co controls just for Area B and VAV 2-10 & 2-11 (1)LS 0 A 0 UHL needs to field verify savings - Delete hail guards at condenser fans (coil is angled down)(1)LS 300.00 (300)Thelen pricing. Wold to advise. - Delete VFD's from condenser fans (1)LS 800.00 (800)Thelen pricing. Wold to advise. -delete integral roof screens from new RTU (1)LS 20000.00 (20,000)A (20,000)Thelen pricing. (43,900) ELECTRICAL/SPECIAL SYSTEMS -delete interior photocells from offices (1)LS 2000.00 (2,000)A (2,000)Wold to advise. -Delete conduit for data drops in new stud walls (1)LS 700.00 (700)B WCI to verify scope. - allow MC cable (1)LS 3000.00 (3,000)A (3,000) -delete exterior security cameras (1)LS 47000.00 (47,000)A (47,000) -allow alternate video server to be Milestone Husky M550A (1)LS 11000.00 (11,000)B Wold to advise. (63,700) EARTWORK/SITE UTILITIES -delete sand fill ex.48" storm pipe (1)LS 1500.00 (1,500)A (1,500)Division 2200 includes flowable grout fill. Duplicate. - install 18"PVC SD thru RCP under entire new addition (1)LS 50000.00 (50,000)Urban Co. pricing plus $10K for bituminous savings. Wold to advise. - delete deep sand layer, install 2" rigid insul. beneath concrete walks (1)LS 3000.00 (3,000)Wold/AJA to advise. Mitigate frost concern. -delete drain tile at detail 4/C2.11 (1)LS 8000.00 (8,000)A (8,000) (62,500) TOTAL SAVINGS OPTIONS (265,360)"A" Selections Only VARIANCE FROM BUDGET 280,000 DEFICIT BALANCE 14,640 FOOTNOTES: * Rating: A=Yes, B=Maybe, C=No Page 1 November 10, 2016 City of Stillwater 216 North 4th Street Stillwater, Minnesota 55082 ATTENTION: Mr. Bill Turnblad CONSTRUCTION Responsive partner. Exce ptional outcomes. RE: STILLWATER POLICE REMODEL & CITY HALL UPGRADES CONTRACT AWARD RECOMMENDATIONS Dear Mr. Turnblad: Based upon bid results and the results of our pre-award conferences with the apparent low bidder(s), we are making a recommendation for award of the following prime contracts, including the Base Bid and no Alternate Bids. Contract# 0330 0420 0510 Description/Contractor Cast-In Place Concrete Erickson Builders 5000 Quam Ave. NE St. Michael, MN 55346 Base Bid Contract Amount Masonry/Brick/Architectural Precast Stonework Axel H Ohman, Inc. 247 West 61 st Street Minneapolis, MN 55419 Base Bid Contract Amount Structural Steel -Erection A.M.E. Construction Corp P.O Box 388 Wayzata, MN 55391 Base Bid Contract Amount $ 58,845.00 $ 58,845.00 $ 160,000.00 $ 160,000.00 $ 11,800.00 $ 11,800.0 Wenck Construction, Inc. I 7500 Olson Memorial Highway I Suite 300 I Golden Valley, MN 55427 Tol l Fre e 800-472-2232 Ma in 952-831-5408 Email wenckmp@wenck.com Web wenck.com Page 2 0512 0610 0750 0920 Structural Steel -Supply Thurnbeck Steel Fabrication, Inc. 23790 Goodview Circle N Forest Lake, MN 55025 Base Bid Contract Amount Carpentry/Building Demolition/Specialties Kellington Construction, Inc. 807 Broadway Street NE, Suite 185 Minneapolis, MN 55413 Base Bid Contract Amount Roofing Jackson & Associates, LLC 1817 Buerkle Road White Bear Lake, MN 55110 Drywall Pinnacle Wall Systems 1823 Buerkle Road White Bear Lake, MN 55110 Base Bid Contract Amount Base Bid Contract Amount 0930 Tile MCI d/b/a Multiple Concepts Interiors 26 1st Avenue North Waite Park, MN 56387 0950 Acoustical Ceilings Acoustics Associates, Inc. 1250 Zane Avenue North Golden Valley, MN 55422 Base Bid Contract Amount Base Bid Contract Amount $ 15,450.00 $ 15,450.00 $ 303,900.00 $303,900.00 $ 31,100.00 $ 31,100.00 $ 102,585.00 $ 102,585.00 $ 41,200.00 $ 41,200.00 $ 35,500.00 $ 35,500.00 Page 3 0965 Resilient Flooring/Carpet Acoustics Associates, Inc. 1250 Zane Avenue North Golden Valley, MN 55422 0990 Painting Base Bid Contract Amount Wasche Commercial Finishes, Inc. 21335 Aberdeen Street NE East Bethel, MN 55011 Base Bid Contract Amount 2300 Mechanical 2600 3100 Thelen Heating & Roofing, Inc. 1717 13th Street SE Brainerd, MN 56401 Base Bid Contract Amount Electrical/Special Systems Phaser Electric Company 2160 108th Lane NE Blaine, MN 55449 Base Bid Contract Amount Earthwork/Site Utilities/Site Demolition/ Helical Anchors/Landscaping G Urban Companies, Inc. 3781 Labore Road St. Paul, MN 5110 $ 38,000.00 $ 38,000.00 $ 29,500.00 $ 29,500.00 $ 415,000.00 $ 415,000.00 $ 459,000.00 $ 459,000.00 Base Bid $ 144,669.00 Contract Amount $ 144,669.00 TOTAL CONTRACTS: $1,846,549.00 Page 4 Secondly, we are also recommending that the City Council reject all bids for Contract #0840 -Aluminum Entrances/Storefronts/Curtainwall. The scope of work for this Contract will be revised to reduce costs and a Request For Quotations will be issued to procure this work. Contract #3210 -Asphalt Paving is still under review and is not being recommended for award at this time. Thank you, and please call with any questions. Yours very truly, Mark Hovelson Project Executive MH:jb cc: Wold Architects File. 301603 Date: November 14, 2016 TO: Mayor and Council FROM: Diane Ward, City Clerk SUBJECT: Canvassing Board for Municipal Election Attached you will find the Abstract of Votes Cast for Ward 2, ,Precinct 3, Ward 2, Precinct 3, and Ward 3, ,Precinct 5 for the City’s municipal election. Also attached is the voter turnout statistics for each Ward and the overall turnout for Stillwater. ACTION REQUIRED: Motion to approve the Abstract of Votes Cast for Stillwater’s Municipal Election for Ward 2 and Ward 3. Abstract of Votes Cast In the Precincts of the City of Stillwater State of Minnesota at the STATE GENERAL ELECTION Held Tuesday, November 8, 2016 as compiled from the official returns. KEY TO PARTY ABBREVIATIONS NP - Nonpartisan Council Member Ward 2 (Stillwater) NP Brennen Swanson 1026 NP David Junker 1662 WI WRITE-IN** 8 Council Member Ward 3 (Stillwater) NP Tom Weidner 2035 WI WRITE-IN** 34 Summary of Totals City of Stillwater Tuesday, November 8, 2016 STATE GENERAL ELECTION Summary of Totals City of Stillwater Tuesday, November 8, 2016 STATE GENERAL ELECTION Number of persons registered as of 7 a.m.6737 Number of persons registered on Election Day 499 Number of accepted regular, military, and overseas absentee ballots and mail ballots 1574 Number of federal office only absentee ballots 16 Number of presidential absentee ballots 0 Total number of persons voting 6147 Abstract print version 16827, generated 11/14/2016 9:28:13 AM Page 1 of 5 Abstract print version 16827, generated 11/14/2016 9:28:13 AM Detail of Election Results City of Stillwater Tuesday, November 8, 2016 STATE GENERAL ELECTION Precinct Persons Registered as of 7 A.M. Persons Registered on Election Day Total Number of Persons Voting 82 0320 : STILLWATER W-2 P-3 1371 124 1258 82 0325 : STILLWATER W-2 P-4 2179 151 1929 82 0330 : STILLWATER W-3 P-5 3187 224 2960 City of Stillwater Total:6737 499 6147 Page 2 of 5 Detail of Election Results City of Stillwater Tuesday, November 8, 2016 STATE GENERAL ELECTION Office Title: Council Member Ward 2 (Stillwater) Precinct NP Brennen Swanson NP David Junker WI WRITE-IN** 82 0320 : STILLWATER W-2 P-3 387 649 2 82 0325 : STILLWATER W-2 P-4 639 1013 6 Total:1026 1662 8 Office Title: Council Member Ward 3 (Stillwater) Precinct NP Tom Weidner WI WRITE-IN** 82 0330 : STILLWATER W-3 P-5 2035 34 Total:2035 34 Page 3 of 5 We, the legally constituted county canvassing board, certify that we have herein specified the names of the persons receiving votes and the number of votes received by each office voted on, and have specified the number of votes for and against each question voted on, at the STATE GENERAL ELECTION held on Tuesday, November 8, 2016 As appears by the returns of the election precincts voting in this election, duly returned to, filed, opened, and canvassed, and now remaining on file in the office of the City of Stillwater Clerk. Witness our official signature at ________________________________ in _________________________ County this _____________ day of ______________, 2016. ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board Page 4 of 5 State of Minnesota City of Stillwater I, __________________________________________________, Clerk of the City of Stillwater do hereby certify the within and foregoing __________________ pages to be a full and correct copy of the original abstract and return of the votes cast in the City of Stillwater STATE GENERAL ELECTION held on Tuesday, November 8, 2016. Witness my hand and official seal of office this ________ day of ________________, 2016. ______________________________________________ Page 5 of 5 11/14/2016 2016 GENERAL ELECTION STATISTICS Overall Turnout based on 7 a.m. Registered Voters - 92.1% Overall Turnout based on Total Persons Voting - 84.6% RESOLUTION 2016-201 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 $721,695.47 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 15th day of November, 2016. Ted Kozlowski, Mayor ATTEST : Diane F. Ward, City Clerk EXHIBIT "A" TO RESOLUTION #2016-201 LIST OF BILLS 1ST Line/Leewes Ventures LLC Accela Inc Accela Inc. Ace Hardware Action Rental Inc. Air Down There Airgas USA LLC Al 's Coffee Company Amdahl Locksmith Inc Chris American Test Center Ammonia House Inc. Animal Humane Society Armor Security Inc. Aspen Mills Astleford International AWi Diversified LLC Batteries Plus Bulbs Becker Arena Products Bernicks Board of Water Commissioner Board of Water Commissione r Buberl Black Dirt Inc. C. Hassis Yard Services Carquest Auto Parts CDW Government Inc . Century College Century Link City View Electric Inc. Coca-Cola Distribution Cole Papers Comcast Computer Services of Florida costar Realty Information Inc Cub Foods Cummins NPower LLC ECM Publishers Enterprise FM Trust Fastenal Company Flexible Pipe Tool Co . F M Trucking/D-Rock Landscaping G & K Services Ge ier Maureen Goodin Company Goodyear Commercial Tire Gopher State One Call Inc . Snacks for concessions Monthly UB web payments HR Online Applicant Tracking 2017 Supplies Mixing trailer and concrete Visor frame assembly Equipment repair supplies Hot beverages & supplies for concess ions Repair vandalized lock Test and inspection of fire truck Compressor oil Impound charges Quarterly Monitoring Service Uniforms Equipment repair supplies St . Croix River bench Equipment repair supplies Equipment repair supplies Beverages for concessions 1st Half 2016 Water Board Assessments WAC Charges Black dirt Lawn Service Fleet repair supplies Supplies Training Telephone Annual alarm inspection Beverages for concessions Tissue & towels Cable, Internet & Voice Point of Sale System Property professional Grocery Replacement of coolant temp sender Publications Lease vehicles Supplies Anti-blast nozzle Fieldstone Mats & Uniforms Reimburse for mileage Heate r Tires Locates Page 1 688 .45 492.85 1,434.10 718 .28 190.00 245 .81 252.46 454.30 159 .00 1,915.00 487 .08 135.00 140.00 775 .55 11.44 1,500.00 563 .70 327.28 188.72 1,998.41 5,841.00 140.00 100.00 668 .57 239 .69 795.00 314 .40 288 .00 744.00 305.08 289 .94 4,170 .00 360 .61 103 .03 993.00 772 .80 2,279.15 318.53 3,592 .00 2,122 .00 1,385.92 66.13 6,106.82 929.72 548.10 EXHIBIT "A" TO RESOLUTION #2016-201 Greater Stillwater Chamber of Commerce Guardian Supply Haussner Plumbing LLC Hedberg Aggregates Heritage Printing Inc. Holiday Companies International Code Council KorTerra Inc. Lake Elmo Oil Inc Lexipol LLC Loffler Companies Lynn Peavey Co Madden Galanter Hansen LLP Magnuson David Mansfield Oil Company Marshall Electric Company McDowall Company Menards Metropolitan Council Metropolitan Council. Metropolitan Mechanical Contractors Minnesota Occupational Health Minnesota Pump Works Mitchell Ryan MN Dept of Labor and Industry MP Nexlevel LLC Multi-Regional Training Center NAPA Auto Parts Nardini Fire Equipment New England Sports Sales Inc. Nutritional Weight & Wellness Office Depot OnSite Sanitation Pepsi Beverages Company Pereboom Jesse Quill Corporation R&R Specialties Inc. Racine North Regency Office Products LLC Rehn Code Consulting Services Ryan Riedell Shoes Inc. Shilts Cindy Simplex Grinnell LP Simplifile LC Springsted Sprint PCS St. Croix Boat and Packet Co . Refund of Event Fees Uniforms Plumbing service Dark mulch Envelopes Vehicle washes Code Ticket splitting Fuel Subscription fire policy manual SonicWall Supplies Arbitration & Administrative Hearings Professional services Fuel Electrical repair Fire Station Supplies Monthly SAC Wastewater Charge Maintenance agreement Drug test Lift station repairs Reimbursement for knife Elevator license Locating Heartsaver cards Floor mat Inspection Equipment repair supplies Habits class for Wellness Program Office supplies Portable restroom rental Beverages for concessions Reimburse for mileage Office supplies Equipment repair supplies Computers Supplies Plan review Skates Reimburse for mileage Alarm monitoring Recording fees 2016 Disclosure services Cell phone Box lunches Page 2 320 .96 1,479 .75 695 .76 503.20 631.70 270.00 123.00 800 .00 13 .95 4,038 .00 3,217.01 106.00 1,566.15 10,523 .58 3,522.52 2,123.00 7,700 .00 573.03 14,760.90 132,911.05 2,162.00 206.20 3,029.60 176.75 100.00 3,692.50 235 .00 29 .99 96 .75 894.81 400.00 128.93 391.49 405.60 15.34 531.01 2,020.50 11,805.00 16.20 2,254.39 352 .32 32 .40 569.57 100.00 3,200.00 53.83 191.95 EXHIBIT "A" TO RESOLUTION #2016-201 St. Croix Boat and Packet Co . Stillwater and Oak Park Heights CVB Stillwater Fire Relief Assoc Stillwater Towing Summer Tuesdays Inc SW/WC Service Cooperatives T.A. Schifsky and Sons Thomson Reuters Toll Gas and Welding Supply Total Parking Solutions Inc. Trans Union LLC Tri -State Bobcat Uline Inc Verizon Wireless Voyant Communications Washington Conservation Distr Washington County Public Works Waste Management Water Works Irrigation LLC Woodchuck Tree Care LLC WSB & Associates Inc. Wulfing David Xcel Energy Zee Medical Service LIBRARY Ace Hardware Baker and Taylor Brodart Co Cartridge World Hudson Culligan of Stillwater G & K Services Gardner Builders MEI Total Elevator Solutions Midwest Tape Petrie Angela Pioneer Press Recorded Books Inc Ramp cleaning Qtrly Lodging Tax 2016 Fire State Aid Towing service Refund of Event Fees AP COBRA & Retiree Health Insurance Asphalt Info Charges Cylinders Paper for park i ng terminals Information Charges Tires Supplies Police Mobile Broadband Phone Shared Educator Traffic signals Garbage Certification Test of RPZ devices Prune & remove trees Professional services Reimbursement for Dog Food Energy First aid supplies Janitorial Supplies Materials Materials Supplies Water Towels & Rugs Improvements Elevator Repairs Materials Staff Reimbursement Materials Materials TOTAL Page 3 810 .00 73,548 .93 162,730 .24 267.81 327.28 66,994.73 5,859 .68 131.25 44 .14 115.00 50.00 919.80 379.14 612.42 508 .38 625.00 69,313.42 35,340 .09 2,370 .00 3,600.00 438 .75 84.62 4,728.57 207.75 89.31 1,909.56 2,464.86 59.99 54 .95 82.54 19 ,197 .22 510.00 1,135.04 354.00 642.23 66.16 721,695.47 EXHIBIT "A" TO RESOLUTION #2016-201 Adopted by the City Council this 15th Day of November, 2016 Page 4 Stillwater Public Library 223 Fourth St. N. Stillwater MN 55082 651.275.4338 w w w .stillwaterlibrary......Q.[g Memo To: Diane Ward, City Clerk, City of Stillwater From: Lynne Bertalmio, Library Director RE: Library Board Vacancy November 11, 2016 At its regular meeting on November 9, 2016, the Board of Trustees passed a motion recommending the appointment of Sherri Lunn to complete the term left vacant by Michele Cassavante's departure from the Board. The Board recommends that Ms. Lunn be appointed to complete Ms. Cassavante's term ending December 31, 2016, and to begin a new three-year term on January 11 2017. The vote was unanimous. The Board appreciates the opportunity, given by the City Council, to interview the candidates and present a recommendation to the Mayor and Council. RESOLUTION 2016-207 APPOINTMENT TO LIBRARY BOARD NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Stillwater, Minnesota, hereby appointed the following to the Library Board at their November 15, 2016 regular City Council meeting: New Appointment Sherri Lunn Term Expires -December 31, 2019 (Un/Expired term of Michele Cassavante) Adopted by City Council this 15th day of November, 2016. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk 1. 2. 3 . 4 . 5 . 6. 7 . 8. 9:00 9:00 9:10 9:10 9:20 9:30 9:45 Roll Call BOARD AGENDA NOVEMBER 15, 2016 -9:00 A.M. Pledge of Allegiance Comments from the Public Board of Commissioners Fran Miron, Chair, District 1 Gary Kriesel, District 3 Karla Bigham, Dist rict 4 Lisa Weik, District 5 Visitors may share their comments or concerns on any issue that is a responsibilityor function of Washington County Government, 1vhether or not !h e issue is listed on this agenda. Persons who wish to address th e Board must fill out a comment card before th e meeting begins and give it to th e County Board secretary or the County Administrator. The County Board Chair will ask you to come lo the podium, state your name and city of residence, and present your comments. Your comments mus/ be addressedexc/usivelyto the Board Chair and th e full Board of Commissioners. Commen ts addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes Th e Board Chair reserves the right lo limit an individua/'spresenlationif it becomes redundant, repetitive , overlyargumentalive,or ifit is not relevant lo an issue Iha! is part of Washington County'sResponsibi/ities Consent Calendar -Roll Call Vote Community Services -Sarah Tripple, Planning and Program Manager Approval to Submit Application to Minnesota Department of Human Services to Provide Project for Assistance in Transition from Homelessness (PATH) Outreach Services General Administration -Molly O'Rourke, County Administrator Commissioner Reports -Comments -Questions This period of time shall be used by theCommissioners to report to the full Board on committee activities, make comments on mailers of inlerest and information, or raise questions to the staff. This action is not intended lo result in substantive board action during this time Any action necessary because of discussion will be scheduled for a future board meeting. Board Correspondence Adjourn 9. 9:50-10:20 Board Workshop with Administration -Kevin Corbid, Deputy Administrator Discuss Final Changes to be Made to the 2017 Proposed Budget Prior to its Adoption on December 13th 10:25 Legislative Committee Asslstive listening devices are available tor use in the County Board Room ' ' .,. J • ' EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * NOVEMBER 15, 2016 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY Administration Community Services Public Works ITEM A. Approval of November 1, 2016 County Board Meeting Minutes. B. Approval of Joint Powers Agreement for the Metropolitan Emergency Services Board for the period of January 1, 201 7 through December 31, 2021 C. Approval to set public hearing to consider revision of fee schedule for services provided by the county for December 13, 2016 at 9:00 a.m. D. Approval of calendar year 2017 and 2018 Adult Mental Health Grant Agreement for $2,162,826 ($1,081,413 annually) to support community mental health services . E. Approval of2016-2018 Group Residential Housing (GRH) Agreements for Customized Living, Community Residential and Family Foster Care settings that accept GRH payments for room and board. F. Approval of Amendment Number 1 to the Restated Cooperative Agreement with the Metropolitan Counties of Anoka, Chisago, Dakota, Hennepin, Isanti, Ramsey, Sherburne, Stearns, Washington, and Wright for the provision of Non-Emergency Medical Transportation services . G. Approval ofresolution to acquire right of way, pem1anent drainage easements, and temporary easements as a part of the construction of the County State Aid Highway 4 Corridor Management and Safety Improvement Project. Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commiss ione rs ma y elect to pull a Consent Calendar item(s) for discussion and/or separate action. Assistive l!s tening device~ are ~vailable for use in the County Board Room EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER 1. 2. 3. 4. 5. 6. 7. 8. 9. Washington ~ ~county rs:;, 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 9:30 9:35 9:45 9:55 Roll Call BOARD AGENDA NOVEMBER 8, 2016-9:00 A.M. Pledge of Allegiance Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibilityor function of WashingtonCountyGovernment, whetheror not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressedexclusivelyto the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual'spresentationif it becomes redundant, repetitive, overly argumentative, or ifit is not relevant to an issue that is part of Washington County'sResponsibilities Consent Calendar -Roll Call Vote Continuation of Public Hearing from November 1, 2016-Community Development Agency -Melissa Taphorn, Deputy Executive Director Resolution-Approval of Modification of the Redevelopment Plan for Redevelopment Project No. 2 and Establishment of Tax Increment Financing District No. 2-2 Red Rock Crossing Sherifrs Office -Chief Deputy Dan Starry Resolution-Acceptance of Donation of $1,027 from P.A.W.S. Pet Hospital in Hugo Public Works -Kevin Peterson, Engineer A. Approval of Contract with Bolton and Menk, Inc. for $559,906 for Engineering Design and Project Coordination for County State Aid Highway 12 Corridor Improvement Project B. Approval of Budget Amendment for $382,800 in State Aid to Allow Design Engineering for County State Aid Highway 12 Corridor Improvement Project to Start Ahead of Schedule General Administration -Molly O'Rourke, County Administrator Commissioner Reports -Comments -Questions This period of time shall be used by the Commissioners to report to the full Board on commitlee activities, make comnts on matters of interest and information, or raise questions to the staff This action is not intended to result in substantiveboardactionduringthis time. Any action necessary because of discussion will be scheduled/or a future board meeting. Board Correspondence 10. 10:10 Adjourn EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * NOVEMBER 8, 2016 The following items are presented for Board approval/adoption : DEPARTMENT/AGENCY Administration Public Works ITEM A. Approval of October 25 , 2016 County Board Meeting Minutes. B. Approval of voting delegates to the 2016 Association of Minnesota Counties Annual Meeting to be held December 5-6, 2016 . C. Approval to set December 13, 2016 as the date for a public hearing on the final 2017-2021 Washington County Capital Improvement Plan (CIP). D. Adoption of resolution to authorize final payment in the amount of $26,940.26 to Valley Paving Inc . for completion of the County State Aid Highway 13 and County State Aid Highway 20 Roundabout Construction Project. Co nsent C alend ar items are generally defined as items ofroutin e bu siness, not req uiring discuss ion, and approved in one vo te. Commissioners may elect to pull a Co nsent Calendar it em(s) for discuss ion and/o r separate action. Assistive listening devices an,. available for use in_ the County Board Room EQUA L EM PL OYMENT OPPORTUN IT Y/ AF FIRMATIVE ACTION EMPLOYER Summary of Proceedings Washington County Board of Commissioners October 11, 2016 Present were Commissioners Fran Miron, District 1; Gary Kriesel, District 3; Commissioner Bigham District 4; and Lisa Weik, District 5. Board Chair Miron presided. Commissioner Reports -Comments -Questions The Commissioners reported on the following items: -Commissioner Kriesel-reported on a video he watched regarding Washington County 9-1-1 Dispatcher, Julia Weegman. Sheriff Bill Hutton summarized the 9-1-1 call, and how Ms. Weegman coached the family via the phone in performing CPR to a cardiac arrest victim and saving the victim's life. -Commissioner Bigham -reported that she attended a ground breaking celebration for Oltman Middle School in Cottage Grove. She attended the Newport City Council meeting, where the Red Rock Crossing Tax Increment Financing (TIP) was approved, and reported that the item will be presented to the County Board as a Public Hearing on November 1st. She attended the Offender Recovery Program graduation ceremony. -Commissioner Weik-reported that she attended a Woodbury Lions Meeting, and reported that there will be a fundraiser this fall where proceeds will be going to the Christian Cupboard Food Shelf. She attended the Gateway Corridor Open house in Oakdale, and thanked the public for its input on transportation infrastructure improvements. She reported that the Gateway Corridor Policy Advisory Committee will be meeting on October 13th at 2:00 p.m. and that the Gateway Corridor Commissioner meeting will follow at 3 :00 p.m. She reported that she has received comments from constituents regarding concerns over increasing rental housing costs. -Commissioner Miron -reported that he attended a tour of the Piccadilly Housing facility in Mahtomedi, and acknowledged the Community Development Agency's involvement. He reported that the grand-opening of the Piccadilly housing facility will be on December 15, 2016. General Administration Approval of the following actions: -September 27, 2016, County Board Meeting Minutes. -Resolution No. 2016-137, Appreciation of Dan Papin upon his retirement as Director of Community Services. -Tom Tripplet awarded the 2016 Conrad Rettmer Award for Commissioners. -Board workshop with both Office of Administration and Public Works to review the draft 2017-2021 Capital Improvement Plan (CIP). -Board correspondence was received and placed on file. Human Resources -Board workshop to provide updates on the Human Resources Information System (HR1S) Project. Property Records & Taxpayer Services -Approval ofresolution No. 2016-136, Reappointment of Bruce Munneke as County Assessor for a term beginning January 1, 2017. Public Works -Approval of work orders #5, #6 and #7 to contract 9712 with Bituminous Roadways, Inc. for work on the County State Aid Highway 10 road construction project in the sum total amount of $74,629.74. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North November 15, 2016 SPECIAL MEETING 4:30 P.M. REGULAR MEETING 7:00 P.M. 4:30 AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1.4:30 – 5:15 p.m. - Workshop with Library Board a)Building remodeling project update b)Library/Council Communications – future meeting schedule c)Update on County communications d)Update on Library event policy discussions e)2017 Library Budget update 2.Discussion on bids for Police Department & City Hall Improvements (Available Tuesday) a)Possible approval of resolution accepting/rejecting building project bids 7:00 P.M. AGENDA IV.CALL TO ORDER V.ROLL CALL VI.PLEDGE OF ALLEGIANCE VII.CANVASS OF MUNICIPAL ELECTION VIII.APPROVAL OF MINUTES3.Possible approval of November 1, 2016 regular and recessed meeting minutes IX.PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS4.Certificate of Appreciation – Jim Martin5.Presentation of Water Supply Program – Board of Water Commissioners X.OPEN FORUM - The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. XI.STAFF REPORTS6.Police Chief7.Fire Chief8.City Clerk9.Community Development Dir.10.Public Works Dir.11.Finance Director – Truth in Taxation Meeting (December 6, 2016) Announcement 12.City Attorney 13.City Administrator XII.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 2016-201, directing payment of bills (available Tuesday)15.Possible approval to purchase audio visual equipment for Riverview conference room – IT16.Resolution 2016-202, approval of grant from Metropolitan Council for 2040 Comprehensive Plan development17.Resolution 2016-203, approval of 2017 liquor and tobacco license renewals18.Resolution 2016-204, approval of 2017 Letter of Understanding for Impound Housing Services19.Resolution 2016-205, approval of maintenance agreement with Washington County CSAH 1220.Resolution 2016-206, approval of traffic control maintenance agreement with Washington County for the traffic signal at CSAH 12 and Maryknoll Drive XIII.PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 MINUTES OR LESS. None. XIV.UNFINISHED BUSINESS21.Consideration of extension to deadline for Stillwater Collision XV.NEW BUSINESS22.Possible approval of Landscape plan amendment for Rutherford Station XVI.PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVII.COMMUNICATIONS/REQUESTS XVIII.COUNCIL REQUEST ITEMS23.Beyond the Yellow Ribbon update XIX.STAFF REPORTS (CONTINUED) XX.ADJOURNMENT 1. 2. 3. 4. 5. City of Stillwater Library County Library Existing County Library Rate applied to City of Stillwater Existing County Library Levy included City of Stillwater County Library Levy Increased by $1,171,625 Library Levy $1,171,625 $6,930,100 $7,479,967 $6,930,100 $8,101,725 Portion of Levy funded by Fiscal Disparity pool ($108,550) ($632,755) ($687,869) ($637,000) ($734,819) Portion of Levy funded locally $1,063,075 $6,297,345 $6,792,098 $6,293,100 $7,366,906 Library Tax Rate 5.380% 2.504% 2.504% 2.318% 2.713% Library Tax on 231,100 home $115.51 $53.76 $53.76 $51.24 $58.26 Amount raised wtihin City of Stillwater $1,063,075 $0.00 $494,753 $458,024 $536,156 Amount raised within other cities/townships $0 $6,297,345 $6,297,345 $5,835,076 $6,830,750 Scenarios 1 and 2 represent actual data from pay 2016 tax calculations. • • • • • City of Stillwater Library Tax Taxes Payable in 2016 Actual Pay 2016 Estimated tax impact if City of Stillwater joined the county library system and: Scenario 5 assumes the city joins the county library system and the county library levy is increased by the amount of the City of Stillwater library levy. The county library tax rate will increase due to the increased levy. The county library tax in Stillwater would be significantly less (approximately half) than the same levy at the city level, while library taxes in the rest of the county would increase approximately 8%. Under Scenario 1, parcels in the city's rural taxing districts or annexation phase in districts pay taxes at a reduced rate for city library services, as they do for all other city funds. Scenarios 2-5 include the operating levy only, it does not include preexising debt, under the assumption that Stillwater would not be responsible for preexisting debt if they transitioned to the county library system. Scenario 3 assumes the city joins the county library system and the existing county library tax rate is applied within the City of Stillwater. The county total library levy is increased by the amount levied on property in the City of Stillwater. Scenario 4 assumes the city joins the county library system and the existing county library levy remains the same. The county library tax rate will decrease due to the expanded tax base. Scenarios 3, 4, and 5 represent three "what if" scenarios if the City of Stillwater joined the county library system. These scenarios are not expected to occur; they are simplistic examples provided solely for comparison purposes. An analysis of the county funding required to operate the Stillwater Library would be required in order to determine the appropriate county library levy to utilize in projecting the tax impact of the change. Any change in library levy, as well as inclusion of the City of Stillwater in the library tax base, will affect county library taxes countywide, not just in Stillwater. 10/27/2016 Washington County Department of Property Records and Taxpayer Services CITY OF STILLWATER CITY COUNCIL MEETING NO. 00-24 November 14, 2000 SPECIAL MEETING 4:30 P.M. The meeting was called to order by Mayor Kimble. Present: Councilmembers Bealka, Zo1ler, Thole (arrived at 5:00 P.M.) and Mayor Kimble Cummings (Bealka left meeting at 5:30 P.M.) Absent: Also present: City Administrator Kriesel Press: City Attorney Magnuson Library Director Bertalmio Library Board members: Gorski, Hickey, Hodson, Myers and Nelson Council-elect Milbrandt Mark Brower, Stillwater Gazette. Workshop with Board of Trustees. Stillwater Public Library. Board member Hickey explained the Library rehabilitation and expansion plans. The plans included renovating the current building and adding approximately 19,000 square feet of new space. The cost for the work was estimated to be $7 .9 million. If underground parking were included th~ cost would be increased by $1 million. Further discussion included the existing parking situation and the financing of the proposed project. Stipulation of Settlement a~eement with Mainstream Development PartnershiP, L.I. No, 341-l. City Attorney Magnuson explained the stipulation agreement between the City of Stillwater and Mainstream Development Partnership. The agreement extended the payment period for the unpaid assessments for L.I. 341 an additional 15 years for parcels 28.030.20.14.0066, 28.030.20.14.0067, 28.030.20.14.0068, 28.030.20.14.0069, and 28.030.20.14.0070 at 7% interest per annum. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution No. 2000- 298, approving Stipulated Settlement agreement between City of Stillwater and Mainstream Deve]opment Partnership, LLC., L.I. 341-1 and adopt Resolution No. 2000-299, amending assessment for downtown decorative street lights L.1. 341-1. Ayes: Councilmember Thole, Zoller and Mayor Kimble Nays: None. Stipulation of Settlement aifeement with Mainstream Deve!o.pment Partnership, L.1. No. 344 --1. City Attorney Magnuson explained the stipulation agreement between the City of Stillwater and Mainstream Development Partnership. The agreement extended the payment period for the Wlpaid assessments for L.I. 341 to 15 years for parcels 28.030.20.14.0063, 28 .030.20.14 .0069 at 7% interest per annum. CITY OF STILLWATER CITY COUNCIL MEETING NO. 02-04 FEBRUARY 19, 2002 WORKSHOP The meeting was called to order by Mayor Kimble at 4:30 p.m . Present: Councilmembers Bealka, Milbrandt, Rheinberger and Mayor Kimble Absent: Councilmember Zoller Also present: City Administrator Hansen City Attorney Magnuson Police Chief Dauffenbach City Clerk Ward Administrative Secretary Moore OTHER BUSINESS Discussion on Library Fund ing Issues 4:30 P.M. Bill Hickey, President of the Library Board, reviewed the concept plan and some preliminary cost budgets which increased the library size to about 32,000 ft ., provide additional parking and meet the collections activity needs as a city facility. Cost estimates are 7.9 million for the library and 1 million for parking. Dick Huelsman, member of the Library Board, discussed the feasibility study conducted by D.A. Petersen and Associates, Inc. to determine potential private support. He stated that 38 candidates were interviewed as potential contributors to a campaign. Mr. Huelsman stated that before any fund raising effort is conducted there needs to be a commitment from the City and a resolution of the parking issue. D.A. Petersen and Associates recommends that a campaign in the range of $4.0 million be approved and prepared in 2002 and conducted during 2003 and 2004 . Mr. Rheinberger asked what the specific resistance is for joining the county system. Mr. Hickey replied there are a number of logistical reasons. One would be the county would get rid of this building and would want to build a new library, probably somewhere in the Oak Park Heights area, the county would not support the children's program or the St. Croix Collection. Mr. Rheinberger stated that he is concerned that the City will end up having a White Elephant. He stated that he saw the only solution would be to become a part of the county system or some sort of a trust to cover the $9 million for the project and $9 million to finance the underlying infrastructure. He stated that a better contribution base is needed. Mr. Huelsman said that it is important that we come out with more facts and statistics and those are some of the things that we have to work on. He stated that if the library City Council Meeting 02-04 February 19, 2002 had an updated heating and venting and air conditioning system it would cost less than a smaller building. He also stated that the number of personnel that have to be added is probably relatively insignificant compared to the present staff because the space will be used to do more things and not necessarily requiring a doubling of personnel. Mr. Huelsman stated that the City of Stillwater's population has doubled since the last major expansion of the library. He continued by stating that everybody that was interviewed stressed the importance of maintaining this as a Stillwater Library and that the major foundations that were interviewed were adamant that it remain because it is a very important element of the culture in the St. Croix Valley. He also stated that this is a very important issue, that the Library either join the county system or figure out how to maintain a 100 year old institution that is a very important part of the cultural and historical aspects of the City of Stillwater. Councilmember Bealka asked about everyone being interviewed being from the Stillwater area and stated that he heard that 35% of the people using the library are from Wisconsin. Library Director Lynn Berta!mio stated that individuals interviewed were not just from the Stillwater area . She also stated that she did not have the exact number of people from Wisconsin using the library but that people from Wisconsin have to purchase a library card at $45.00 per person. Ms. Bertalimio indicated that she would provide Council with information on the use of the library by Wisconsin residents. Councilmember Bealka asked if the people from Wisconsin have been asked for donations. Bill Hickey responded saying that representatives of the St. Croix Foundation which are in Wisconsin were interviewed and citizens/residents of Bayport and the whole surrounding area were interviewed it just wasn't exclusively Stillwater residents. Councilmember Bealka asked what happened to the overall project. Is this project by itself now or is it still together with the Parks and Open Spaces. Mayor Kimble stated that what has happened here is the project was proposed and that it was not on the top of the capitol improvement project list because there was not that much money available. He provided a history of the library funding which included Council requesting the library to provide money from private donations of approximately $1 million. He stated that through this study the library might be ab le to come up with $3 or $4 million, which is considerably more than what was anticipated . He stated that any donations that would come in would have to be held in a separate trust fund and that there would have to be some mechanism to give them back if the project does not occur. Donors would have to have assurance when they made the donation that the project would occur because some of these foundations and private individuals have charitable gifting plans whereby once it is expended they have to proceed according to plan because money can not be returned or they may face tax consequences . Page 2 of 11 City Council Meeting 02-04 February 19, 2002 Councilmember Milbrandt commented this is a high priority project to keep the library with the Stillwater identity and have it grow to meet our needs. Mr. Huelsman said the purpose of coming to the meeting was to bring Council up to date. He also stated that the library is not asking for approval but to ask a question on how they should proceed. There are two issues as a result of the interviews one is the parking issue. Councilmember Milbrandt asked if there was a plan with two levels. Mr. Hickey said there is an option for actually for up to two levels without significant ramping depending on the slope of the land. The initial project estimate that was given to Council in 2000 had priced out only a single level of parking. Mayor Kimble stated the parking issue should be looked at whether the library is expanded or not. The parking issue needs to be studied further, more input gathered, and some solutions found on whether we increase the library or not. Motion by Council member Milbrandt, seconded by Councilmember Bealka directing staff to work with Library on resolving issues listed in the library report and report back to Council at the April 16, 2002 meeting. All in favor. Request to Purchase City Owned Land for Multi-Family Housing. Steve Russell, Community Development Director, reviewed the request from Tim Nolde to purchase the city owned site at the corner of Washington Avenue and Orleans Street for a 60-unit tax credit, affordable housing project. The 2.83 acre site was purchased by the City in 2000 for $350,000 for a possible Minnesota Wild Practice Facility or other public use. He stated that the value of the site has increased since that time. The site is on the edge of the business park adjacent to attached housing single family, rental housing and the senior center to the north. A tax credit housing project provides needed affordable housing for community residents. Mr. Nolde is currently requesting the rezoning of a four-acre site located on CR 5 from Townhouse Residential to Multifamily Residential to accommodate the project that will be before Council on March 19, 2002. Mr. Nolde, Anchobaypro, Inc., stated that he realizes that the city has uses they may need this land for in the future but states that he is willing to provide the space that is remaining on that site for any future city use, to pay for the installation of utilities and the access and even promote a commercial use for that site. He says the seniors need this facility as the population of seniors is going to double in the next ten years. Mr. Nolde stated that they have received the tax credits for the project. Councilmember Bealka asked if Mr. Nolde had the opportunity to meet with the people around that area. Page 3 of 11 City of Stillwater Council Meeting 02-09 May 7, 2002 saying it at every meeting is doing it for the right reasons, it could be done at special occasions. Councilmember Milbrandt agreed with Council member Zoller that he is not against saying the Pledge of Allegiance but that it should be done at special occasions Mayor Kimble suggested that someone be invited to lead the Pledge of Allegiance or if no one is available one of the Council members can lead. Motion by Council member Milbrandt, seconded by Council member Rheinberger to say the Pledge of Allegiance at the meeting before Memorial Day and directed staff to come back with other special dates and logistics recommendations. All in favor. Mayor Kimble stated that he would be honored if Councilmember Bealka would lead the Pledge of Allegiance at the May 21st meeting. Councilmember Bealka stated that it would be his honor. OTHER BUSINESS Library Fun ding Discussion City Administrator Hansen stated that he has met with the Library Task Force to resolve parking concerns, operating cost of an expanded facility, and financial capability issues in their report. He stated that based on estimates developed by Dave MacGillivary of Springstead , that the project is feasible, however that the project would have an impact on the taxpayer and may affect other worthwhile projects reflected in the memo from Community Development Director Russell. Mr. Bill Hickey reviewed the parking issues based upon a report from the Collaborative Design Group. Ms. Lynne Bertalmio reviewed proposed operating costs for the expansion of the library. Mr. Dave MacGillivary reviewed the projected debt service, property tax impact, and debt limits. Mr. Richard Huelsman provided a summary of the proposed expansion. He stated that in order to get on the agendas of the various funding organizations they would need a commitment from the City on the funding and parking facility. Mayor Kimble informed the Library Task Force that if the present Council committed the funding for the parking facility and library expansion that future Councils are not bound by this commitment. Councilmember Rheinberger stated that he is against committing to the library expansion because he feels the libraries will become obsolete, with the internet providing more and more information. libraries are being consolidated, and there are other resources. He stated he sees a reduction in tax revenue, shifting demographics, 2 City of Stillwater Council Meeting 02-09 May 7, 2002 feels the library is not a core concern but rather a luxury, and the cost of $9 million for an expansion really concerns him. Motion by Council member Milbrandt, seconded by Councilmember Zoller directing staff to prepare resolutions approving the proposed Library expansion/renovation project and lower level parking facility and funding for the projects and place this item on the agenda within two to four weeks. Ayes: Councilmembers Bealka, Milbrandt, Zoller and Mayor Kimble Nays: Councilmember Rheinberger Territorial Prison Update Mayor Kimble reviewed the request for a time extension of one year for the purchase of the Territorial Prison site and a that a grant is available to apply for Met Council Livable Communities planning money to conduct a housing feasibility study. Community Development Director Russell stated the request is for the Territorial Prison and the UBC site. Mr. Brian Sweeney, Project Manager, provided an update on the work of the developer. Motion by Councilmember Zoller, seconded by Councilmember Rheinberger approving the time extension to January 2003. All in favor. Motion by Councilmember Zoller, seconded by Councilmember Rheinberger adopting Resolution 2002-107, approving preliminary contract for private redevelopment of the Territorial Prison site with Territorial Place, LLC. All in favor. Ayes: Councilmember Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Livable Communities Grant Request-Territorial Prison Community Development Director Russell stated that the developer requests that the City apply for Met Council Livable Communities planning money to conduct a housing feasibility study for the Territorial Prison. He stated that the grant could be up to $70,000 with no local match. Motion by Councilmember Zoller, seconded by Councilmember Rheinberger adopting Resolution 2002-108, authorizing application for opportunity grants through the livable communities demonstration program. All in favor. Ayes : Councilmember Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None 3 City Council Meeting 02-10 May 21, 2002 Approval of resolutions for Library funding Mayor Kimble reviewed the proposed resolutions relating to the library expansion and funding. · Councilmember Rheinberger stated that he felt that the impact on the taxpayers would be too great and that the proposed commitment would actually amount to $7.5 million considering interest. He also stated that the library should be merged with the County because the City has core concerns that should be paid attention to such as streets and utilities. Council member Milbrandt stated that the library is one of the most living and growing assets of the community and we should commit to that growth. He also stated that adopting the resolutions is committing to the idea, but not determining exactly how to fund it at this time. Councilmember Zoller stated agreed with Councilmember Milbrandt and supported the library expansion. Council member Bealka expressed concern on the price tag of the parking lot. He also stated that the sales tax proposal as a method of funding was not well accepted and asked if the issue could be tabled to be discussed further. Mayor Kimble stated that the purpose of the resolutions is to give support to the proposal so that the Library Task Force can meet with various foundations to raise the money the Library Board has committed. Motion by Councilmember Milbrandt, Seconded by Councilmember Zoller to adopt Resolution 2002-118, approving proposed Library Expansion/Renovation Project. Ayes: Councilmembers Bealka, Milbrandt, Zoller and Mayor Kimble Nays: Councilmember Rheinberger Motion by Councilmember Zoller, seconded by Councilmember Milbrandt to adopt Resolution 2002-119, approving a parking facility as a part of the Library Expansion Project. Ayes: Councilmembers Bealka, Milbrandt, Zoller and Mayor Kimble Nays: Councilmember Rheinberger NEW BUSINESS Approval of transfer of tobacco license -Stillwater Texaco to Yocum Oil Company Mayor Kimble reviewed the request for a transfer of a tobacco license at 2500 West Orleans for Stillwater Texaco to Yocum Oil Company. Motion by Councilmember Rheinberger, seconded by Councilmember Bealka to adopt Resolution 2002-120, approving transfer of ownership of tobacco license for Stillwater Texaco to Yocum Oil Company. All in favor 5 City Council Meeting No. 02-17 August20,2002 Ayes: Councilmember Bealka, Rheinberger, Zoller and Mayor Kimble Nays: None Abstain: Councilmember Milbrandt Resolutions for assessment roll preparation for 2002 Street Improvements (Proiect 2002-02): Curve Crest Boulevard Extension for Bradshaw property (Project 2000-11 ); 2002 Sidewalk Rehabilitation Project (Project 2002-11 ); Curve Crest Boulevard Industrial Park Lighting (Project 2000-13A) Public Works Director Eckles stated that the assessment rolls for 2002 Street Improvements (Project 2002-02); Curve Crest Boulevard Extension for Bradshaw property (Project 2000-11 ); 2002 Sidewalk Rehabilitation Project (Project 2002-11 ); Curve Crest Boulevard Industrial Park Lighting (Project 2000-13A) need to be prepared. He also stated that public hearings are anticipated to be held on October 16 with the exception of the Bradshaw improvement project because the developer's agreement states that the developer will pay for all improvements. Motion by Councilmember Rheinberger, seconded by Councilmember Zoller to adopt Resolution 2002-190 Resolution Declaring Cost To Be Assessed, And Ordering Preparation Of Proposed Assessment For 2002 Street Improvement Project (Project No. 2002-02); Resolution 2002-191, Resolution Declaring Cost To Be Assessed, And Ordering Preparation Of Proposed Assessment For Curve Crest Boulevard Extension Project For The Bradshaw Property (Project No. 2000-11 ); Resolution 2002-192, Resolution Declaring Cost To Be Assessed, And Ordering Preparation Of Proposed Assessment For 2002 Sidewalk Rehabilitation Project (Project No. 2002-11) and Resolution 2002-193, Resolution Declaring Cost To Be Assessed, And Ordering Preparation Of Proposed Assessment For Curve Crest Industrial Park Lighting Project (Project No. 2000-13a). All in favor. Ayes: Councilmember Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None NEW BUSINESS Resolution creating separate funds for the benefit of the Stillwater Public Library Fund. City Attorney Magnuson reviewed the resolution setting up a design fund and construction fund for the Stillwater Public Lilbrary Fund. Councilmember Rheinberger asked what happens to the money if the project does not get completed. Mr. Magnuson stated that contributions designated for the design fund cannot be returned because the fund is for pre.construction design expenses. He stated that contributors should be made aware that money designated in this fund would not be returned, however monies designated for the construction fund would have to be returned if the project is not completed. Page 10 of 13 ' 'st ·---·-------------- REGULAR MEETfNG CITY OF STILLWATER COUNCIL MEETING NO. 03-10 May 6, 2003 Mayor Kimble called the meeting to order at 4:30 p.m. 4:30 P.M. Present: Absent: Councilmembers Junker, Kriesel, Milbrandt, Rheinberger, and Mayor Kimble None Also present: City Administrator Hansen City Attorney Magnuson Community Development Director Russell Police Chief Dauffenbach Fire Chief Kallestad Assistant Fire Chief Glaser Public Works Director Eckles Director of Administration Knauss City Clerk Ward OTHER BUSINESS Stillwater Summer S hakespeare in Pioneer Park Mr. David Fox-Brenton explained the Stillwater Summer Shakespeare events planned for Pioneer Park. He stated that he has received approval from the Parks Board. He stated that he is not asking for a financial commitment but to discuss ways that the City may provide in-kind support for these activities. He also stated that he is seeking co- sponsorship with ArtReach Alliance, the Chamber, and Friends of Stillwater Parks. Mr. Brenton stated the use would be from August 4-10. He stated that the performances would begin on August 6, 2003. He also stated that he would provide an insurance certificate. He requested electrical hookups and the parking of a construction trailer next to the band shell. He stated they would be adding a temporary extension to the stage of the band shell. Councilmember Milbrandt stated that the Parks Board does not have a band shell policy and that the Board will be developing a band shell policy. Motions by Councilmember Rheinberger, seconded by Councilmember Milbrandt to co- sponsor the Stillwater Summer Shakespeare conditioned upon the receipt of an insurance certificate and allow the construction of a temporary extension to the stage. All in favor. Workshop with Library ' 1_ City Council Meeting 03-10 May 6, 2003 Mr. Bill Hickey provided Council with an update on the design phase of the Library Expansion. He stated that Miller Dunwoody Architects have been retained for this expansion and their preliminary feedback should be available after July 4. Mr. Dick Hillsman provided Council with an update on the fund raising for the expansion and stated they are well on the way with the fund raising. Councilmember Rheinberger expressed concern on the expansion regarding budget cuts from the State. He also stated that the operating budget of an expanded library would increase. He stated that the library might have to look at private donations to help the library operations. Lynne Bertalmio, Library Director stated that there have been preliminary studies done and the engineers state that the costs of utilities will not go up commensurate with the addition of square feet of the expansion. She stated that they are also looking at staffing structures into the future and explained that with the design it will make staff more efficient and that they do not plan to add staff along with the expansion. Councilmember Kriesel stated that statistics he received shows that the non-resident growth rate usage is higher than resident usage. He is concerned that City taxpayers are solely being asked to fund the expansion, however the expansion is for the growth of non-resident usage. He asked what has been done to address the long-term growth situation with Washington County. Ms. Bertalmio stated that the figures she has were different than what Councilmember Kriesel has. She explained how residents and non-residents use the library. Councilmember Kriesel asked how the collections would be funded. Ms. Bertalmio stated that the expansion would not open with the shelves full. She stated that the Friends of the Stillwater Library are working on fundraising for collections. Mr. Hillsman stated that the Library Board has planned for thirty years into the future. Councilmember Kriesel stated that the expansion is necessary, however he is concerned about who is paying for it. Mr. Hillsman stated that $4M would be paid from other sources other than the taxpayers. Councilmember Milbrandt commended the Library Board for their work. He also stated that there are many amenities that the taxpayers pay for but are used by non-residents. Councilmember Kriesel expressed concern with growth rates for the library and who is paying for the expansion. He stated that $21,000 per month would be needed for the next 20 years to fund this expansion. He stated that there is no greater asset to a Page 2 of 15 City Council Meeting 03-10 May 6, 2003 community than a library, but the issue is about fairness and who is paying for the funding of the expansion. Councilmember Rheinberger agreed with Councilmember Kriesel's concerns on the long-term growth and the costs to the residents, now and into the future. Mayor Kimble reviewed the history of funding and perception of building public facilities. Councilmember Kriesel stated there is not an easy answer, but he has to ask the tough questions. Mayor Kimble stated that one thing to look at is the age of the building and the infrastructure is old and the expansion, which includes these upgrades, which will save them money. He stated that with the private donations, 50 cents of taxpayer dollar nets 90 cents of improvements. He also stated that he is confident that the Library Board is looking in the right direction and should continue to do so. He also stated that Council is here to ask the tough questions and they will continue to do so. Councilmember Rheinberger stated that he is not saying that the expansion is not necessary he is concerned with long-term funding. Possible approval of obta ining proposal for Stillwater North Ma in Street Housing Infill and Pedestrian Connection project Community Development Director Russell stated that for the past two years staff has worked with the developers of the Territorial Prison and Lofts of Stillwater sites and representatives of the Burlington Northern Railroad on the development of the housing infill sites and the purchase of the remaining railroad right-of-way. Mr. Russell explained the design concept for the Stillwater North Main Street Housing Infill and Pedestrian Connection Project. He stated that in 2002 the City applied for a Livable Communities Grant from the Met Council for $2M to assist with the project construction. He also stated that in order to proceed, add itional design development and feasibility analys is should be done. He stated that the cost of the plan would be approximately $50,000 and can be funded with TIF District 10 proceeds. City Administrator Hansen suggested to Council to structure this expenditure as a loan. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt directing staff to obtain proposal for Stillwater North Ma in Street Housing Infill and Pedestrian Connection Project. All in favor. Possible acceptance and implementation of Stop Sign Study Mr. Glen Vanwormer of Short, Elliot and Hendrickson reviewed the stop sign report concerning all stop signs within the City. He stated that there are a number of locations Page 3 of 15 -------------·-· -- REGULAR MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO. 03-16 August5,2003 Mayor Kimble called the meeting to order at 4:30 p.m. 4:30 P.M. Present: Absent: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Others Present: City Administrator Hansen Director of Administration Knauss Assistant Finance Director Harrison Police Chief Dauffenbach Fire Chief Kallestad Assistant City Engineer Sanders Public Works Director Eckles City Clerk Ward OTHER BUSINESS Workshop with Library Ms. Lynne Bertalmio, Library Director, reviewed the status of the current library building and what will be the status of funding for the new library expansion in 2004. She stated that the closing of the library on Sundays has not been popular and they are looking into the possibility of reopening on Sundays during the school year. Mr. Bill Hickey reviewed the library expansion timeline. Ms. Bertalmio provided the history on the relationship between the Stillwater Library and the Washington County Library System. She stated that Washington County has no desire to merge the Stillwater Library into the County system. Mr. Richard Huelsmann provided information regarding the due diligence on the library renovation and expansion project and the post expansion operating costs. He stated that fundraising is almost to the halfway mark and once that is achieved the fundraising will go public. He also stated that the board of trustees is planning as part of the capital campaign a strategy and organization for an annual fund drive to assist in the library's operating budget and collection, which the goal for the first fund drive would be $25,000. He reviewed possible revenue generating sources in the new library. Mr. Hickey stated that they would like to present to Council on October 7, 2003 the complete schematics of the library. City Council Meeting -03 -16 August 5, 2003 Councilmember Rheinberger provided his scenarios on the impact of the library expansion to the City's budget and revenue sources and stated that he felt the library should be merged with the County system. Councilmember Kriesel stated that he is not for the closing of the library, but is very concerned with the impact of the cost of the expansion on the City's residents, when currently the Washington County's library tax is $60.00 for a $200,000 home and the Stillwater Public Library costs are $137.00 on a $200,000 home. He is also concerned that the expansion is driven by the growth of the surrounding areas and not Stillwater. Ms. Bertalmio reviewed the efficiencies that the expansion would provide. Councilmember Rheinberger suggested that a referendum be done to find out if the residents want to transfer the library services to the County and the extra tax burden for the library or its expansion. Councilmember Kriesel stated that he would like to see a Council discussion on this issue at a 7:00 p.m. meeting. City Administrator Hansen stated that the library is planning to come before Council on October 7, 2003 and asked if it would be at the 4:30 or 7:00 p.m. meeting. Mayor Kimble stated that he would like to have another workshop because he was not able to ask his questions. Councilmember Milbrandt stated that the library is planning on showing the schematic designs of the expansion and suggested that it should be at the 7:00 p.m. meeting to share on television. Councilmember Kriesel stated that he is willing to discuss his concerns with the library board. Motion by Councilmember Kriesel, seconded by Councilmember Rheinberger to place the library on the October 7, 2003, 7:00 p.m. meeting under Old Business. All in favor. Discussion with Auditors City Administrator Hansen stated that the firm of Larson, Allen, Weishair & Company has submitted a proposal for the auditing services for the year the ending in 2003. He stated that with the implementation of the new reporting requirement (GASB 34) and fraud detection procedures, increased auditing services were necessary. He stated that since this company has a good understanding of the City's process and financial management system, he recommended renewing of the auditing service contract for the year ending December 31, 2003. Page 2 of 12 Stillwater City Council Meeting 03-21 October 7, 2003 Motion by Councilmember Milbrandt, seconded by Councilmember Rheinberger directing staff to bring this issue to a workshop to determine the amount of contribution and how to fund the request. All in favor. Proclamation -National Business Women's Week -October 19 through October 25. 2003 Mayor Kimble read a proclamation declaring October 19-25, 2003 as National Business Women's Week. Request for recons ideration of outside seating -Savories Ms. Kristen Klemetsrud expressed her disappointment that she was not contacted regarding the elimination of outside seating at her establishment. She stated that there has not been any type of complaint regarding her restaurant or the tables and chairs. She also stated that she does not have private outdoor seating and that these tables and chairs indicates to the visitors that there is more to see at the north end of town. She requested that the table and chair removal be reconsidered. Ms. Klemestsud's father presented pictures of other obstructions that are on the public sidewalks. Councilmember Milbrandt stated that the action was not directed at Savories restaurant, but as a result of review of downtown public seating, newspaper boxes, and liquor use on public sidewalks, not just tables and outside seating. Council member Kriesel stated that this item should be returned to staff for further recommendations and that this issue is not about Savories, but what precedent is being set for downtown in regard with any establishment using the sidewalk for their business. Councilmember Rheinberger stated that the request should be reconsidered. Council member Junker stated that alcohol consumption should be a part of that information. Mayor Kimble explained that the issue is not only outside seating but various aspects of use of sidewalks by tables, chairs, newspaper boxes and that there is also the issue of City liability. Motion by Council member Kriesel, seconded by Councilmember Rheinberger directing staff to meet with Ms. Klemestrud, to review the request, as well as liquor issues and provide Council with recommendation at a future meeting. All in favor. Preliminary Plans -Library Expans ion Mr. Bill Hickey provided an introduction for John Mecum and Joel Stromgren from Miller Dunwiddie Architects to provide information on the design drawings for the library expansion. Page 7 of 17 Stillwater City Council Meeting 03-21 October 7, 2003 Councilmember Rheinberger expressed his views that the library expansion not be done because of budget constraints and concern for increased operation costs. Council member Kriesel asked if the committee has considered partnerships with the churches for parking so that the parking item could be deleted. He also expressed his continued concern on future operating costs. Mr. Hickey stated that the committee has contacted the churches and that the parking item could be deleted if there are other options. He also stated that the committee would be willing to meet with Council at a workshop to discuss design information in detail and that he would recommend a workshop in January or February when more information on operating costs will be available. Councilmember Milbrandt commended the committee on their work and stated that hopefully it will become an asset to the community; time will tell when it comes to the financing. Mayor Kimble also commended the committee. OPEN FORUM A resident expressed concern on the library and that it is premature to design when costs are not known and that the present library should be retained at its current level due to the economic climate. Ms. Tina Michaud, 904 1st Street expressed concern regarding a notice she received for the removal of trees in re lation to the Terra Springs project and requested that the City keep as many t rees as poss ible. She is conce rned that they will be clear cutting the terrace. Public Works Director Eckles explained that trees within 15 feet of the wall are being removed because the root system is compromising the wall and the trees that are coming out of the wall. He explained that a small failure caused by the trees could cost $200,000. He stated that between the wall and 2nd Street there is approximately 150 feet and the trees affecting the wall will be removed. Mr. John Scheibe, 419 Harriett Street stated that he was given an asphalt driveway and that it was his understanding that the contractor was to replace what was there prior to construction and he did not want asphalt. Mayor Kimble directed Mr. Scheibe to speak with Public Works Director Eckles. CONSENT AGENDA Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to approve the Consent Agenda. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays : None Page 8 of 17 -------------- City Council Meeting No. 04·08 Nays: None UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS Possible approval of reso lution accepting library accessibility grant April 6, 2004 City Administrator Hansen stated that the Minnesota Department of Education has approved a $150,000 Public Library Accessibility Grant. He stated that the library has been advised that they need to provide additional assurance that the library and City intend to proceed with the library expansion project to secure the grant. He stated that even though there are still many questions regarding the library expansion, it does have the council's approval by a prior resolution . He stated that he asked City Attorney Magnuson to prepare a resolution to secure the grant, but word it so that the Council would not be bound if circumstances change regarding the library. Councilmember Kriesel wants to confirm that the passing of this resolution in no way commits the City to the project at this point should circumstances change. He knows there has been discussions in the community on the library whether it should move forward or whether to step back. Councilmember Rheinberger stated that he is not in favor of adopting this resolution because it suggests that the City affirms the funding, it sends false expectations that the group expects the $5M from the City. He stated optimistically the City may fund up to $1M and the City, is not going to be able to pick up more than the 10% operating expenses the City currently pays and will probably be far less. He figured that the City has $6M until limits are met and there is approximately $10M for downtown improvements, $10M for street improvements, $1 M for old athletic field, $1-2M for new fire station, and possibly $500,000 -$1 M in cost overruns for the North Hill project and more not mentioned . He felt that there might not be money available for additional recreational reading and sending false pretenses that the City will be able to have this funding. Councilmember Kriesel stated that he is in agreement with some of Councilmember Rheinberger's points however should the funding be found for the library expansion he would hate to see the library miss out on this grant. He stated that he agrees that the City will have to look at the capital expenditures of the City overall. He felt it was premature to say that the City can't help fund the expansion. Councilmember Rheinberger stated that maybe an independent group could give a second opinion because he does not think the City can afford it, but others say the City can. Councilmember Junker stated that the library group has secured/pledge $2.1M and this grant allows them to receive another $150,000. He stated that this grant does not commit the City to the project, but a way to continue with the pledge drive. 11 City Council Meeting No. 04-08 April 6, 2004 Mayor Kimble stated that if the resolution is approved it sets aside $150,000, if it is not approved the $150,000 is gone and felt the resolution should be approved. Motion by Councilmember Junker, seconded by Councilmember Kriesel to adopt Resolution 2004-77, a resolution accepting accessibility grant. Ayes: Councilmembers Kriesel, Junker and Mayor Kimble Nays: Councilmember Rheinberger Request for sup port fo r A rt Reach A lli ance Mayor Kimble reviewed the request for support in the amount of $2,000 for ArtReach Alliance. City Administrator Hansen stated that this amount for Art Reach Alliance was in the 2004 budget. Motion by Councilmember Kriesel, seconded by Councilmember Rheinberger authorizing the $2,000 expenditure for ArtReach Alliance. All in favor. Possible app roval of special event reques t -ArtReach Alliance Community Development Director Russell reviewed the special event request for the use of sandwich boards for the Art Crawl. He recommended that ArtReach Alliance could come up with other creative ways for signage during the Art Crawl. Mayor Kimble asked how many sandwich boards were involved. Ms. Jammi Blair-Hanson stated that 25 sandwich boards would be used and that the height is 3 feet and width would be 1 foot. Council member Junker stated that these sandwich boards are bigger than what was approved for the Chamber's Movies, Market and Music request and that there were not as many. Councilmember Rheinberger stated that he would be in favor of the request because it is only a one time event. Motion by Councilmember Rheinberger, seconded by Councilmember Junker to approve the request for the special event with the use of sandwich boards. Ayes: Councilmember Rheinberger Nays: Councilmembers Kriesel, Junker and Mayor Kimble Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to approve the request for the special event without the use of sandwich boards, directing the Community 12 City Council Meeting-04-15 July 20, 2004 property is in that time frame, however he didn't think it would fit bringing it in 2005-2006 until the traffic concerns are dealt with and there is a lot of concern that this traffic will go down Northland Boulevard and that is not acceptable. Mayor Kimble explained that the Orderly Annexation Agreement states that the City cannot take property until 2015, however adjacent properties can petition the City to be annexed prior to 2015, however Council can have reasonable restrictions and reasonable moratoriums. Councilmember Milbrandt stated that there is not a development hearing at this time. He asked City Attorney if a contiguous property requests annexation, does the City have to annex them. He felt that the hearing should be set after the Joint Board meeting. City Attorney Magnuson stated the agreement gives the Council discretion to say no, but there has been considerable discussion on this issue. Mr. Richard Schultz asked if Council is changing the name of Boutwell to Boutwell Avenue or if that was a mistake in the newspaper. Mayor Kimble stated that it would continue to be Boutwell Road. Mr. Schultz invited the Council to come to his place and walk the property to see the lay of the land rather than to see it on flat paper. He felt it would be worthwhile to all concerned. Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to continue the public hearing and set the date at the August 17, 2004 meeting with a tentative date of September 7, 2004. Mayor Kimble recessed the meeting at 8:25 p.m. Mayor Kimble reconvened the meeting at 8:35 p.m. UNFINISHED BUSINESS Possib le approval of resolution accepting and authorizing the Mayor and City Clerk to Sign Library Accessibility Capital Improvement Grant Contract City Administrator Hansen reviewed the grant contract for Library Access Capital Improvement. He stated that in order to receive the grant the money must be spent and then is reimbursed by the grant and that receiving this grant does not obligate the Council to approve the project. Councilmember Rheinberger stated he was against accepting the grant, he felt that it affirms the $9M project, with additional operating costs, which the City cannot afford. Page 6 of 9 ----------.. --·-. ---·-- City Council Meeting -04-15 July 20, 2004 Motion by Council member Kriesel, seconded by Council member Milbrandt to adopt Resolution 2004-157, resolution accepting and authorizing the Mayor and City Clerk to sign Library Accessibility Capital Improvement Grant Contract. Ayes: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble Nays: Councilmember Rheinberger City Administrator Hansen stated that the Library has received ·another grant in the amount of $100,000 from the Katherine B. Andersen Fund of The Saint Paul Foundation for the purpose to help finance the Stillwater Public Library Centennial Capital Campaign. He stated that in order to receive the grant the money must be spent and then is reimbursed by the grant and that receiving this grant does not obligate the Council to approve the project. Councilmember Rheinberger stated he was against for the same reasons as previously stated. Motion by Councilmember Milbrandt, seconded by Councilmember Junker to adopt Resolution 2004-158, accepting grant from Katherine B. Andersen Fund of the St. Paul Foundation. Ayes: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble Nays: Councilmember Rheinberger NEW BUSINESS Possible bid award for Main Street Parking Lane Public Works Director Eckles reviewed the bid received for the Main Street Parking Lane. He stated that Tower Asphalt was the only bidder with a bid of $128,035.00. He recommended that the contract be awarded. He also stated that the project would be funded by the Downtown Parking Fund. Motion by Council member Rheinberger, seconded by Councilmember Junker to adopt Resolution 2004-159, accepting bid and awarding contract for South Main Parking Improvement Project (Project 2004-05). Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible appointment of member to Library Board Mayor Kimble reviewed a memo from Lynne Bertalimio regarding the Board's recommendation to appoint Ms. Ruth Ranum to the Library Board. Ms. Ranum would fill the unexpired term of Jessica Pack whose term expires January 1 , 2005. Motion by Councilmember Rheinberger, seconded by Council member Milbrandt to adopt Resolution 2004-160, appointment to Library Board. Page 7 of 9 City Council Meeting -05-06 March 1, 2005 kind of compromise, saying he was not aware of the loss of space when he voted for the move. Councilmember Polehna suggested a more advantageous site for the Market might be the Recreation Center and stated he is aware of a problem of Market visitors using the bathrooms at the Historic Courthouse. Councilmember Milbrandt spoke in favor of a compromise and suggested a meetin~J of the Farmer's Market and Veterans' Memorial Committee people. City Administrator Hansen stated he could set up such a meeting, see if a compromise would be possible, and report back to the Council. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, directing staff to arrange a meeting with the two interested parties and report back to the Council at its April 5 meeting. All in favor. Richard Huelsmann, member of the Library Board of Trustees and chair of the fund- raising for the library renovation and expansion project, gave a history of the project, which has been studied since 1995. In May of 2002, he said the Library Board offered to raise $4 million from the private sector if the City would match that $4 million and pay for construction of a parking ramp, an estimated additional $1 million. He said the fund- raising has been a major effort. As of the day of the Council meeting (March 1 ), the Board had reached $4,017,782 in pledges and additional contributions are expected, he said. Of that amount, the Board has $2,321,000 in cash; the remainder is in receivables. In addition to raising funds, Mr. Huelsmann said the Board and architect have been working to address the concerns and conditions of approval in reviews by the Heritage Preservation Commission and Planning Commission and has reached a concept agreement with Ascension Episcopal Church that addresses an issue of the expansion project encroaching on a portion of a lot owned by Ascension. He noted that the Library constitutes less than 1 O percent of the City's annual budget and that is not expected to change with the expansion. He referred to some cost increases, but noted there are revenue opportunities, such as meeting room rentals and rental of the large terrace area, to offset increased costs . A Library Foundation will be established to undertake annual fund-raising, he said. Construction documents are 95 percent complete and interviews with construction managers have been held; a decision on a construction manager is expected to be made at the Library Board's next meeting. He asked that the Council acknowledge that the Library Board has met its fund-raising obligation and that it authorize the City's share of funds be expended. Mayor Kimble and Councilmembers congratulated the library Board on its success and a job well done . Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, acknowledged the Library Board has met its commitment to raise $4 million for renovation and expansion of the library . All in favor . Mayor Kimble recessed the meeting at 5: 15 p.m . Page 2 of 9 City Council Meeting -05-06 March 1, 2005 Mayor Kimble reconvened the meeting at 5:20 p.m . Dis cu ss ion o n L um ber jack Days Roberta Opheim, Stillwater resident, former Councilmember, and member of the Lumberjack Days Festival Association Board, addressed the Council. She said the Festival Association hires St. Croix Events to coordinate the many activities of Lumberjack bays. She noted there has been a lot of discussion regarding having volunteer-run activities. However, she pointed out that from her experience as president of the Chamber, the ability to coordinate activities through volunteers is almost impossible . Ms. Opheim briefly reviewed the recommendations/proposal of the Advisory Committee, appointed by the Council to address concerns raised after last year's event. The proposal provides for the exclusive use of north and south Lowell Park and Pioneer Park July 21-24. The use of south Lowell Park would not be expanded, she said, but would continue to be limited to the end of the LJD races and the ecumenical church service on Sunday. She stated the Advisory Committee discussed scaling back the musical entertainment and ending concerts and beer sales an hour earlier, 10 p.m. concerts, 9:40 beer sales, than previously. Thursday's entertainment, as proposed, would feature local (metro area) talent. Friday's featured band will be the Guess Who, with Saturday's band yet to be determined. She noted that the Committee had discussed the changing nature of downtown and the desire for the events to be compatible with both the downtown commercial environment and the growing residential environment. Ms. Opheim said, as proposed, a detailed site plan will be presented at a later date and organizers will work closely with the City's Police and Fire Department. Ms . Opheim spoke of the need for fiscal responsibility and noted every expense must have a revenue source to offset it. The Festival Association will erect fencing at its own cost; provide portable restroom facilities and cleanup. In addition, she said , they are planning to get information to residents at an earlier date, conduct a marketing workshop with folks in the historic district on ways to take advantage of promotional opportunities. And, she said, they are working with staff at developing a parking plan and possible shuttle plan. A significant change, as proposed , she said, is moving fireworks to Thursday and having the event conclude with Sunday's parade. Councilmember Harycki asked why the scaling back of media presence was not inclu ded in the reco mm enda t io ns . David Eck b erg of St. Cro ix Eve nts as ked that the media promoti on al plan be de fe rred to the Ente rtainment Comm itt ee, wh ich includes the Festfval Association Board, Councilmembers Junker and Milbrandt, Administrator Hansen and Police Chief Dauffenbach . Mr. Eckberg said it would be difficult to adopt the promotion plan until it is known what band will be playing Saturday night. Councilmember Milbrandt spoke in favor of having no Twin Cities media coverage. Mr. Eckberg said it would be difficult to do that. Part of the purpose of Lumberjack Days is to invite people to come and see Stillwater, he said. Councilmember Milbrandt suggested the event has evolved from a city celebration to a regional production. Mr. Milbrandt said he is pleased with some of the improvements, but is still concerned with the issue of media coverage and is not in favor of the beer garden . Page 3 of 9 City Council Meeting -05-06 Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna, and Mayor Kimble Nays: None Resolution 2005-49, directing payment of bills March 1 , 2005 Authorization for use of Frank Madden & Associates for labor relations consulting services Possible approval to purchase wildfire turnout gear -Fire Department Possible approval to purchase plan unit shelving -Building Department Possible approval to purchase plan unit shelving -Building Department Resolution 2005-50, accepting work and ordering final payment for McKusick Ravine Storm Sewer/Trail Improvement Project (Project 2002-04A) Resolution 2005-51, accepting work and ordering final payment for McKusick Lake Diversion Improvement Project (Project 2002-049) Resolution 2005-52, accepting work and ordering final payment for Sewer Interceptor Rehabilitation Project (Project 2004-04) PUBLIC HEARINGS There were no scheduled public hearings. UNFINISHED BUSINESS Possible adoption of Findings of Fact relating to the application of Anthony Kerschbaum (Case No. V/04-83) City Attorney Magnuson said findings of fact are required for any variance denial. These findings allow the applicant to present another plan before the year wait required in other denials. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to adopt Resolution 2005-53, approval of resolution adopting findings of facts, conclusion and order related to the denial of a front yard setback variance from Lake Street; a variance from both the lot size requirements and slope regulations of the bluff and shoreland regulations of the St. Croix Riverway ordinance (Case No. V/04-83). Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays : None NEW BUSINESS Possible approval of proceeding with the Library E xpansio n p roject City Administrator Hansen reviewed the impacts of a $5 million bond issue for the library project. Bonds will be sold in 2006. Based on a true interest of 4.25 for a 20-year bond issue, the property tax impact on a 100,000 home would be $26.66 per year, on a $200,000 home $53.32. In 2003, he said, the assumed interest rate was 5 percent. The tax impact at that time was estimated at $37.17 on a $100,000 home. In addition to favorable interest rates, the City's tax base in growing, resulting in a lesser cost to City taxpayers, he noted. Mr. Hansen also spoke of the City's debt limit and pointed out that Page 6 of 9 City Council Meeting -05-06 March 1, 2005 in one year, the City gained $3 million in its ability to bond. Finance Director Harrison said the City likely would levy for debt service, $395,000, in 2006. Councilmember Milbrandt noted that the $5 million figure isn't a realistic figure as the cost of bringing the infrastructure of the existing building up to code is nearly $1 million. He suggested the City is getting a "fantastic facility for a good deal." Mayor Kimble and Council member Polehna both spoke of the project as an investment for the entire community. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, to adopt Resolution 2005-54, a resolution of commitment to provide Library Renovation Financing. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Discussion on possible surcharges for well and septic users not connecting to City sewer & water Public Works Director Eckles asked for the Council's direction on how to proceed with implementing the city ordinance in respect to completion of the North Hill sewer/water project. The city ordinance , he said, requires homeowners to connect to available services within a certain time. The ordinance does provide for an appeal process and variance, he said. Mr. Eckles spoke of a possible surcharge for those homeowners who do not hookup to city services. He suggested that if a homeowner obtains a variance and the existing septic/well system passes inspection, a surcharge of $52.50 per quarter be charged for failure to hookup. If a homeowner does not obtain a variance and does not hookup to city services, the surcharge would be $105 per quarter, as proposed. There was a discussion of the ordinance and the South Hill project. Following completion of the South Hill project, the City granted a blanket variance. A condition was added to the ordinance that requires those residence to hookup no later that 2010. Councilmember Harycki stated North Hill property owners were not aware they would be forced to hookup to services if they had functioning septic/wells when the project was explained in 2001. He said this proposal amounts to "changing the rules ." He also said residents in the project area are looking at assessments of between $15,000 and $17,000, plus $10,000 in cash for hookup charges. Many North Hill residents, including him, can't afford that cost, he said. He called penalizing homeowners for failure to hookup, in addition to the assessments, "very punitive." He also suggested that to do so would be to go back on the City's word. Mr. Ec kle s agreed that res idents were not told they would have to hookup to the new services, but it was made clear during presentations that the City does have an ordinance that requires hookup in a certain timeframe. He stated the proposed surcharge serves as an incentive for use of City services and helps pay for infrastructure improvements paid for by the entire community. Page 7 of 9 Stillwater Public Library Renovation and Expansion Report to the Stillwater City Council from the Stillwater Public Library Board of Trustees March 1, 200 5 • Stillwater City Council Meeting March 1, 2005 Proposed Renovation and Expansion of the Stillwater Public Library ~ ~ Summary: The Board of Trustees of the Stillwater Public Library has developed plans to renovate and expand the 102-year-old Beaux Arts library building from 13,000 square feet to 35,000 square feet, and to add a parking garage and new entrance at street level on Third Street. The Board has led a capital campaign to raise $4 million in private donations from foundations, businesses, individuals and families. In 2002, the Stillwater City Council adopted resolutions of public support of $5 million for the expansion and related parking once the Board of Trustees has achieved the campaign goal. This public and private partnership will fund the total cost of the project, which is estimated to be $9 million. TABLE OF CONTENTS Project Design Drawings and Floorplans 1 Special Features of the Design 3 Project Timeline 4 City Council Resolutions of May 21, 2002 6 Heritage Preservation Commission Review of September 3, 2003 8 Plarming Commission review of October 13, 2003 9 Agreement in Principle with Ascension Church 15 Library History and Projected Post-Expansion Operations 16 Centennial Capital Campaign Status as of March 1, 2005 Major Gifts as of February 24, 2005 25 • e STILLWATER PUBLIC LIBRARY Design for Renovation and Expansion-2005 e Stillwater Public Library Expansion SlillwattJr Public library Expansion r . IJ' { J r \,._. Stillwater Public Library : Design for Renovation & Expa nsion 2005 :i.., .... j ...... Uppor Level J.lilft,1 ..i...,.;-,i:,;, .....-. s, I <(Y [. l·-· -·- ' 1 -· -..• ,. I·•--· LO'.Yn.t I O\lul .... U," .,._ ,.~ ....-. ~ PRESERVING OUR PLACE STILLWATER PUBLIC LIBRARY CENTENNIAL CAMPAIGN LIBRARY RENOVATION AND EXPANSION PROJECT FEATURES • Stillwater's 100 year old Carnegie library will be preserved while adding space in a sympathetic manner for Stillwater's maximum projected population • The project will be funded by a public / private partnership. The library will raise $4 million, and the City of Stillwater will provide $5 million in public funds. • An indoor, tmderground parking facility will be constructed, providing convenient parking that is safe in winter and takes pressure off on-street parking in the neighborhood. • The building and roof terrace will be fully accessible. • Easing the current facility's crowding and noise pr_oblems, we will add more shelving, seating, computers, and study space. • The St. Croix Collection of local history will have more space and be open more hours • Teens will have their own area with seating and a group study room. • The children's library wi.11 have its own program space tlrnt can be used for storytimes, class visits and homework. • Program and meeting space for the library and the community will be increased greatly with a larger meeting room, a conference room and a roof terrace with a view of the St. Croix River. • The library will have more automated features and greater staff efficiency. • All wiring and mechanical systems will be improved. • The changes in tl1e library's facility will enhance its ability to welcome and serve all ages and segments of the community, drawing long-term and new residents closer togethec 223 N. Fourth St. Stillwater MN 55092 651.439 .1675 3 1995-1996 1996 February 1997 March 1997 January- July 1997 March 1998 Summer 1998 September 1998- May 1999 June 1999 December 1999 January- September 2000 October 2000 March 2000 -2001 STILLWATER PUBLIC LIBRARY Library Expansion and Renovation -Project Timeline- Board/Staf£1Public develop long range plan, identifying that additional library space will be needed to serve Stiliwater's growing population Board President Dave Ruch presents long range plan to City Council City Council tours library to observe operations and space needs As a follow up to the February tour, Board President David Ruch outlines for City Council options for space needs identified in long range plan in a letter Library Board and staff quantify space needs and means of achieving needed space: branch library, kiosk library, enlargement of existing library building Library Board updates City Council on space needs planning and distributes the document Meeting the Facility Needs of the Stillwater Public Library 1998-2020 Neighborhood parking study completed Using random survey of users and focus groups, Board studies space options, determining that operating costs for branch or kiosk libraries would be too great and that public opinion strongly supports expansion model Library Board meets with City Council to present expansion model Library Board contracts for space needs study and communicates study schedule to City Council David Smith, consultant, performs space needs study Needs Analysis and Feasibility Study published and presented to City Council Library Board refines building needs 4 • August 2001 July 2001- January 2002 May 21, 2002 October 2002- March 2003 April 15, 2003 November 2004 December 2004 January 2005 February 22, 2005 February 28, 2005 City Council/Library Board discussion of parking problems and needs Development Council Inc. perfonns fundraising feasibility study; results are communicated to City Council City Council passes 2 resolutions, scheduling the project for 2004 Building program developed by David Smith, consultant Architectural firm Miller Dunwiddie Associates hired Miller Dunwiddie Architects completes 80% of construction documents Library issues Request for Qualifications for Construction Manager at Risk Library receives 12 responses to Construction Manager at Risk RFQ, narrows the list to four finalists and issues Request for Proposal for Construction Manager at Risk Library receives four responses to Construction Manager at Risk RFP Library interviews four Construction Manager at Risk candidates 5 R.ES0LUT10N NO. 2002-113 APPROVING PROPOSED LIBRARY EXPANSION/RENOVATION PROJECT WHEREAS, the Library Board Task Force for a Proposed Facility Upgrade and Expansion has demonstrated the need for an improved and expanded Library, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. That the City accepts the recommendation of the Library Board.Task Force and approves the proposed Library building expansion/renovation project and lower level parking facility; and. 2. The City agrees to provide funding in 2004 for the library project in the amount of $4,000 ,000, and up to $1,000,000 for the park ing facility . Said funding being contingent upon the Library Board securing 53,000 ,000 in cash donations and an additional $1,000,000 in pledges. Adopted by the City Council of the City of Stillwater this 21st day of May, 2002 ATIEST : ~ '>l )/)eu;d! Diane F. Ward, City Clerk 6 RESOLUTION NO. 2002-11 ~ APPROVING A PARKING FACILITY AS A PART OF THE LIBRARY '\ . EXPANSION PROJECT .. WHEREAS, the Library Board Task Force for a P'ro posed Fac1l1ty Upgrade and Expansion has demonstrated the need for improved parking facilities in conjunction with an expanded library; and WHEREAS, the Council recognizes that increased parking will have a positive impact for all facilities in the area . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. That as apart of an expanded library building project, the Council will authorize up to $1,000,000 in funding for an approximate fifty (50) stall lower level parking facility. Adopted by the City Council of Stillwater this 21 51 day of May, 2002. ' Attest: bfe_/lL (\ 1 u)a1zd_ Di ane F. Ward, City Clerk 7 • City of Stillwater Heritage Preservation Commission September 3, 2003 Commissioner Tomten called the meeting to order at 7 p.m. Present: Commissioners Eastwood, Hark, Tomten and Kraske Absent: Commissioner Lieberman, Peterson and Johnson Others: Sue Fitzgerald, City Planner Approval of Minutes. Correction to August 4, 2003 minutes. Commissioner Tomten was not present at the August 4, 2003 meeting. Motion made by Chairperson Tomten, seconded by Commissioner Eastwood to approve the August 4, 2003 Heritage Preservation Commission minutes with correction. All in favor. Motion passed unanimously. (Mirrutes detail unrelated to the Stillwater Public Library project has been omitted herein) Case No. DR/03-52. Design review of renovation and expansion of Stillwater Public Library located at 223 North Fourth Street. John Mecum, Miller Dunwiddie Architects John Mecum was present to present the conceptual ideas of the renovation and expansion for the Library. Bill Hickey, President of the Library Board was also present . The parking structure will be tucked under the east side. The library will increase from 13,000 square feet to 36,000 square feet plus the parking structure. The 1902 facade will remain untouched. The same materials will be used as in the 1973 addition . Conditions of Approval: 1. All revisions to the approved plan shall be reviewed and approved by the Heritage PreseNation Commission. Motion by Commissioner Eastwood, seconded by Commissioner Tomten to approve conceptual plan. All in favor. Motion by Commissioner Eastwood, seconded by Commissioner Tomten to adjourn the meeting at 8:45 p.m . All in favor. Adjournment Respectfully submitted, Sheila McNamara Community Development Department 8 Present : Others : Absent : City of Stillwater Planning Commission October 13, 2003 Robert Gag, Chairperson, David Junker, David Middleton, David Peroceschi, Karl Ranum, Paul Teske, Mike Dahlquist, Jerry Turnquist and Darwin Wald Steve Russell, Community Development Director None Robert Gag called the Planning Commission meeting to order at 7:30 p .m . (Minutes detail unrelated to the Stillwater Public Library project has been omitted herein) Case No . V/03-81. A variance to the north side yard setback (20 feet required, 10 feet requested), a variance to street setback (east) (30 feet required, 18 feet requested), a variance to the parking stall size (9'x 18' required, 8.5' x 18' requested) and a variance to the parking regulations (75 parking spaces required, 56 parking spaces requested) for the expansion and renovation of the Carnegie City Library located at 223 North Fourth Street in the PA , Public Administration District. John Mecum of Miller Dunwiddie Architecture, applicant. (continued from September 8, 2003 meeting) Bill Hickey, President of the Library Board introduced the project and explained that this was a continuation from a previous meeting and that there was additional work done and invited any and all questions from the Commissioners . John Mecum of Miller Dunwiddie Architecture presented the completion of the schematic design phase and stated that the architects are continuing with the design process with the library board. This review is necessary because of the variances required to complete the project. The entire plan for the addition and renovation of the library is driven by three factors; respect for the historical aspect of the library, the need for an efficient modern facility that will meet the anticipated 20 year growth of the community and the desire to be a good neighbor to both the immediate neighborhood and the entire city. Joel Stromgren presented an overview of the project featuring views from each direction with elevations and materials descriptions . 9 City of Stillwater Planning Commission October 13, 2003 Mr. Junker questioned why a variance to the parking stall size was requested . Mr .Stromgren explained that the variance would gain 4 to 5 parking stalls dependent on the column layout, bringing them closer to the parking space requirements. Mr. Middleton asked which side of the building is the 10 foot variance being requested for . Mr. S lromgren told him that it is the north side but only a portion of it be cause when Mulberry Street was vacated, the City deeded over the eastern 100 feet of the north half of Mulberry to an adjacent property owner . The northern half of the western 200 feet of Mulberry still belongs to the City. The existing building does not sit square to the lot lines Mr. Gag opened the public hearing. John Uppgren, of 10145 Arcola La ne, rep resent ing the V estry of the Ascension Episcopal Church. In 1904 the Vestry deeded a portion of the lot that is impacted by this plan , to the library ·. There is a "r everter " clause in the deed that requires that the Libr ary not build on a portion of th at lot else the property reverts back to Ascension chu rch . Mr. Uppgren st ated that th e church is currently in negotiations with the Library and they ha ve retained legal council to continue these negotiations/conversations at a formal level. The church is also involved in conversations with City staff to review the deed. Mr. Uppgren is confident that these concerns will be addressed satisfactorily and if so, the church has no opposition to the variance requests being made. Kevin Sanderson, 304 Third St N, expressed his concerns regarding the chiller units near his dwelling. He feels that if the units were placed on th e south side of the building there would be much less impact on everyone, probably only on church mornings . He is concerned for his tenants and his ability to rent out his three·plex. Mr. Stromgren assured him that sound abatement is a priority and specialty of Miller Dunwiddie and th at they have created a structure that will obscure the units and mask the noise. Jerry & Cathy Helmberger of 303 North 41 h St .·Aurora Stapl es Inn, a bed & breakfast. They are vehemently opposed to this expansion. Their view will be of a three story high block wall, their .property value will plunge and their ability to earn a living from the bed and breakfast will be adversely affected. Mr. Helmberger asked if this was a "done" deal, what the next step was. Barb Krinke. 11 O E Mulberry St. strongly objects to the expansion and the fortress-like look of the building. 10 i I City of Stillwater Planning Commission October 13, 2003 John Johnson, 311 Third Street N, questioned why the expansion was necessary . Is it for more storage, meetings, parking? What evidence is there that there is more traffic on Fourth Street than on Third Street? Have parking density studies been done or has anyone looked into parking in the Trinity lot? Jim Kent, 308 Third Street N, is generally against the expansion. not against the library itself. It is not a necessity especially as a site for parties and public meetings. He is interested in the management of the project. Where will construction trailers be parked, how will storm runoff be handled? Will the parking structure actually be for public parking? Who will manage, police this space when the library is closed? Eugene Dickinson, 231 Third Street North, feels that Third street does not need. nor can it handle more traffic . He also questioned who will police/manage the parking garage. Dave Middl eton asked the Miller Dunwiddie group to address the concerns of the bed & breakfast own er s regarding the side wall and their loss of a river view. The north wall will be of the same brick and stone app earing veneer that is already on th e library . The he ight of the addition will tie in with the h eight of the 1973 addi tion . Studies have not yet been done fr om the various elevations of the B&B property to see what the sight-l ines would be . Robert Gag closed the public hearing. Mr . Gag asked if a traffic study was done to verify that there is more traffic on Fourth Street than Third Street. Mr. Hickey pointed out that the traffic concerns are related to the emergency vehicle traffic that Fourth Street is a distributor of. As for the parking ram p, he stated that some year s ago, the City did a district parking study that was the gen es is for the Council requesting the Lib rary to provide this parking . He pointed out that although there are parking lots to the south, they are not City lots , but owned by Trinity Lutheran Church. They already experience many conflicts as a result of the current lack of public parking. Mr. Ranum asked about the hours of operation of the parking ramp and the security and access to it. Mr. Hickey stated that two levels of security and control are planned on being prov id ed . The possibility of swiping your library card through a mechanism that wil l raise an arm allowing you acc es s to the parking facility . The other is some type of roJldown gate or fencing to entirely secure the facility when not in use . An active security 11 City of Stillwater Planning Commission October 13, 2003 system, consisting of cameras and alarms, etc. is in the design. Mr . Teske pointed out to Mr . Ranum that the issue of the height or this structure, although a concern of the neighbors to the north, was not a variance issue . Mr . Junker, seconded by Mr . Wald , moved for approval with stated conditions and that the hours and type of usage of the parking ramp be worked out with City staff. Vote all in favor. Mr . Teske, seconded by Mr. Wald moved to adjourn the meeting at 12:25 p.m.; motion passed unanimously . Respectfully Submitted Kathy Rogness Acting Recording Secretary 12 ··Meinorandum To: 4tFrom: Date: Subject: Planning Commission Steve Russell, Community Development Director October 9, 2003 Variance Review of Public Library Expansion Plan. Case No. V/03-81 A preliminary site plan has been submitted by the project architect for Planning Commission variance review. The variances requested are for building setbacks and parking. The site is located in the Public Administrative Zoning District (PA). Setbacks for the district are 30 foot front (street) and 20 foot side. The proposal is to have 10 and 18 foot side yard setbacks, consistent with the existing building lines and 18 foot setback from Third Street. For the street setback, the major portion of the building (parking structure) is setback 23 feet similar buildings on the north 26.5 feet and south 26.5 feet. In addition to the setback variance, a variance to parking is requested. The current library has 14 on site parking spaces (8 for public and 6 for staff). With the proposed addition, the six spaces would be lost and a new parking structure containing approximately 48 spaces would be built. This would bring total parking to 56 spaces. Additional on-street parking could be constructed along Fourth Street with a perpendicular parking design. Seventy five spaces are required based on the City requirements. No grading or drainage plans are provided with this submittal. These additional plans will be required for engineering review before final plan approval. e Parking garage access and building access off of Third Street is located on the north end of the building . This could create conflicts between pedestrians, parkers and library drop off, pickup traffic. This potential conflict area should be restudied for possible redesign. Findings: Because of the existing historic library and the desire to maintain the historic character and interpretation of the library, the side yard variances seem appropriate. The east street variances, ( 18 or 23 feet) is similar to the adjacent buildings (26 feet) and as stepped back, should not adversely effect the streetscape . Recommendation: Approval of front and side yard setback and parking variance with conditions of approval. Conditions of Approval. 1. Final detailed plans shall be submitted to the Heritage Preservation Commission and Planning Commission for final approval before building permits are issued. 2. A detailed site landscape plan shall be submitted. 3. A detailed grading/drainage plan shall be submitted and approved by the City Engineer. 4. A lighting plan shall be submitted. 5. Additional perpendicular parking off 4th Street in front of the Library shall be considered to address parking requirements with final plan submittal. e 6. The parking structure driveway slope shall be reviewed by the City Engineer for safe public access. 13 Parking Agreement with Ascension Church In 1901, the City of Stillwater received $27,500 from Andrew Carnegie to build a public Jjbrary . The site selected for th e library covered six city lots between North Third and North Fourth Streets at Mulberry Street. T he three lols on North Fourth Street were purchased by the City . The northernmost two and one half Jots were donated by an individual. 111e southernmost half lot on Third Street was d onated by A sce nsion Church. Ascension retained a right of reverter on this half lot. The expanded library, as designed, will extend over a portion of this half lot. When the library began planning the expan sion project, we e ntered into negotiation s with Ascension Church for use of this half lot. We have reached a tentative 10 -year agreement. In return for sucrendering its right of reverter to the City of Stillwater , Ascension be able to use the library parking facility on Sunday mornings and a few holidays when the library is not open for an annual rent of $2,500. 15 Stillwater Public Library Library History and Projected Post-Expansion Operations February 2005 16 Table of Contents I. History of Public Libraries in the United States II. History and Formation of the Stillwater Public Library III. Organization of Libraries in Minnesota/ Regional Public Library Systems IV. County Libraries in Minnesota and the Formation of the Washington County Library V. A Comparison of the Stillwater Public Library and The Washington County Library VI. Relationship and Common Services with the Washington County Library VII. Funding of the Stillwater Public Library VIII. Post-Expansion Operations 17 • I. History of Public Libraries in the United States Public library service in the United State s grew out of the American ideal of free public education and democracy's need for an informed citizenry. One of the fir s t true public tax-supported libraries was established in 1833 in Peterborough, New Hampshire. The public library movement spread throughout the country with the westward expansion. II. History and Formation of the Stillwater Public Library B e fore a public libr a ry w as es ta blis hed in Sti]Jw a ter, some s ervi ce needs were met by the StiU w ater Library A ssodation, es tabli s h e d in 1859 ; and by the Stillwater Lending Library, established in 1868. Neither entity was a public library. Both were private, membership organizations which received no tax support. Usage was restricted, respectively, to a few private members or those with the ability to pay what were, for the times, fairly significant fees. The Stillwater Public Library was established by a referendum held on November 2, 1897. The first library board was appointed by the City of Stillwater in 1898, and the library opened in rented quarters in 1899. In 1901, a Stillwater resident requested funds from Andrew Carnegie for a library building. Once the Stillwater City Council had passed r esoluti o ns to provide land for the structure and to support the operations of then w facility, Andrew Carn egie provided $27,500 for construction. The cornerstone for the building was lajd in 1902 and the building opened in 1903. III. Organization of Libraries in Minnesota/ Regional Public Library Systems In the Twin Cities metropolitan area, the ci ty librar.i es of Minne apolis, St. Paul, Columbia !e ights, South St. Paul, Bayport and Stillwater and the seven county libraries belong to MELSA (Metropolitan Library Service Agency), a federated regional library system. A compact developed by MELSA allows res id e nts of the seven -c ounty metropolitan are a to use any member library and to borrow items from membe r libraries through interlibrary loan. MELSA provides its member libraries with access to electronic databases that the individual libraries could not afford themselves. Recently, MELSA has also been providing grants to member libraries to enhance technology. IV. County Libraries in Minnesota and the Formation of the Washington County Library Prior to the 1950's, most public libraries in Minnesota were city libraries . In the 1950's, le gi s lation was pas ed in Minnesota to enable the formation of county librari s l'o se rv e s pars ly populated rural are a s .. 18 Beginning in 1904, under contract with the Wa shjng ton C unty Commissioners, county reside nts were eligible to use th e Stillwater Public Library. By 1962, there were five public city Ubraries in Wa shi n g ton County in the cities of Stillwater, Newport, Bayport, Forest La k e and Wille rru . Additional contracts opened the libraries of Forest Lake, Bayport and N wport to county residents. From 1956 to 1966, county residents were also served by a bookmobile, operated from th e Stillwater Public Library. With population growing in the county, County Commi ss ion er stablished the Wa s rungton County Library in 1966. The Washington County Library opened its first branch library in Lake Elmo in J 967 . The Willerni . Public Library affiliated with th e county Ubrary in 1968. Within the next few years, tl ree additional branch libraries opened. In 1976, the Stillwater, Bayport, and Forest Lake Public Libraries signed agreements for reciprocal services with the Washington County Library. V. A Comparison of the Stillwater Public Library and the Washington County Library The Stillwater Public Library, the Bayport Public Library and the Washington County Library cooperate on a daily basis to afford residents of the area the ability to access c llec hons and services throughout th e county. Many functions, like the system that automate basic library functions, are shared. With the primary responsibilities of serving their own residents and responding to their own funding authorities, however, each library has developed its own mission, goals, and personality. In periodi c long range planning efforts 1 th e Still water ublic Library has assessed community need s and developed its mission of serving the lifelong learning needs of residents. The library's services, collections, and personality are a direct r es ult of this mission. In its own long range planning, the Washington County Library has developed its miss ion and services. One noticeable difference that has resulted from these differing missions is the emphasis that the Stillwater Public Library places on services to youth. In an effort to attract1 inspiie and maintain you th participation, the libr ary has two professional librarians whose trainfog, experience, and enthusiasm have re sulted in a strong, multi-faceted program for children and teens . A]though the Washington County Library provides som e services to youth, they do not have children's speciaH sts in their branch libraries or on their administrative staff. The Stillwater Public Library also provides programming for adults around their lifelong learning interests. In coope ration with other Twin Cities program providers, we have offered writing classes, mu sic education and discu ssion series, author appearances, rea d e r's advisory programs, and book clubs. These 19 programs are designed to give adults a deeper knowledge and appreciation of our collections. They also create a sense of community around shared interests. Our current strategic plan also stresses the development of services to seniors, a growing population jn the c mm unity. In addition to providing Internet training for th.is age gr up, we are developing other programming opportunities. We are hoping to attract more seniors to our volu.nt er program, both to keep them active in the community and to fi.nd an experienced group of individuals who will extend the service reach of the library. The collections of the two libraries also reflect their difference in mission in their emphases. The Washington C unty Library's collection emphasizes popular materials, whereas the Stillwater Public Library emphasizes materials to support the lifelong learning interests of its community including significant reference and nonfiction collecti ns. This is also seen in the number of copies purchased. WCL tends to purchase more copies of fewer titles while SPL will buy proportionately more single copies of titles. Historically, SPL has devoted more funds per capita to library materials. In r esponse to the community's interest in its history, th e Stillwater Public Library has also collected materials on the history of the area. The Saint Croix Collection is used by students, independent researchers, and community members curious about the history of the area. The library staJf works to make these resources as accessible as possible to the public. Beyond its mission to serve the lifelong learning needs of resjdents, the Stillwater Public strives as an organization to partidpate with other area agencies to foster a sense of community and improve life in Stillwater. The library cooperates with some 40 agencies annually in this endeavor. A direct comparison of the operational costs of the two libraries is omplicated by a number of factors. Both libraries receive services from their parent unit of goverrunent, but they receive different servkes. Pay structures for employees are also different. Since passage of the State of Minnesota's pay equity legislation, compensation plans a t each library bear far greater resemblance to the plans of their parent governmental urut than to the plan of the other library. VI. Relationship and Common Services with the Washington County Library Although the Newport and Forest Lake Public Libraries eventually merged with the Washington County Library; th e Bayport and Stillwater Public Libraries have not. There are a number of reasons why the Sti llwat.er Public Library and the Bayport Public Library have developed contracts with the Washington County Library but have retained their own independence. By Jaw, 20 the Stillwater Public Library's status can onJy be chang ed by a public referendum because the Library was created by a public vote. Stillwater may also retain local control of the library by participating with the Washington County Library through means of a contract rather than tluough merger. In addition to providing the services that this community wants, local control helps to attract private funds . In the feasibility study that preceded the library's Capital Campaign, a number of potential donors stated that they would give to the campaign only if they were assured that decision making would remain in local hands. Even wjth a merger with the county system, U1 e City of Stillwater might be required to contribute to the operations of the library under the state's Maintenance of Effort Law. There is also some evidence that the Washington County Library may be changj.ng its long-term philosophy on the funding of library facilities . Historically, all WCL fa cilities have been constru c ted or rented by the county, but in recent discussions, such as the possible reopening of the Lake Elmo Branch Library, WCL may be looking for city h elp in th e funding of facilities. Instead of merger, the two libraries have chosen a cooperative relationship of long standing. Under contract, the County Library provides a number of services to the Stillwater Public Library and also includes the City Library in many activities, which allows the Stillwater Public Library to benefit from economies of scale while retaining features that are not found in Washington County Library branches. VII. Funding of the Stillwater Public Library The library is funded by the City of Stillwater. The percentage of the City's budget that supports the library has remained fairly steady for the past fifteen years as evidenced by the table below: Year Total City Transfer to Library from Library as Percent Budget General Fund of City Budget 2005 9,294,679 883,901 9.51% 2004 8,170,090 841,295 10.30% 2003 7,908,062 786/945 9.95% 2002 7,870,219 818,482 10 .40% 2001 7,297/267 749,941 10.28% 2000 6,726,054 699,572 10.40% 1999 6,377,957 671,612 10.53% 1998 6,238/354 647,196 10.37% 1997 5,908,497 635)00 10.76% 1996 5,413,030 565,203 10.44% 1995 4,806,082 544,705 11.33% 1994 4,683,993 517,862 11.06% 21 1993 4,516,256 519,712 11.51% 1992 4,336,228 505,593 11.66% 1991 3,764,966 478,963 12.72% VIII. Post· Expansion Operations A. Costs With the growth of population in the city and the expansion of the library it would be expected that some costs of operation will increase. This document seeks to identify the costs due to the increase in size of the building. Some increased costs may be quickly offset by savings: for example, the increase in janitorial supplies will be more than offset by the reduction in the costs of building repairs . There are two areas where we see increases that will have some effect on operating costs -personnel and utilities. Personnel The building has been designed to operate very efficiently as far as library service staff is concerned. We do believe, however, that an additional part- time 28 hour per week Library Associate position will be needed. At current wage and benefit rates, this is estimated to be $32,000 per year. As time passes, any staff attrition or retirements will allow us to move to a new staffing plan suited to the new conliguration of the building, which may allow for future cost reductions. The library projects that additional facilities staff will be needed b eca u se of the larger facility and to manage facility rentals. At th:i s time, we are projecting an additional 10 hours per w ek for existing staff and another 20 hour per week position. At current wage and benefit rates, this is estimated to be $33,000 per year. · Utilities Although the n e w mechanical, h eating, cooling and venting systems will be s ignificantly more efficient to operate, the costs for utilities in the expanded building will increase . This is du e in part to the increased size _of the facility; but, more importantly, it is due to the artificiaUy depressed cost of utilities in the existing building. The existing building does not meet code for fresh air exchange and ventilation. The project engineers estimate, u sing prices in February 2004, the annual cost of utilities will be about $52,000 compared to utili,ties costs for the existing building for 2004 of $22,000, for a projected increase of $30,000: 22 • To offset at least part of the increased costs above, the planned library has some possibilities for reahzing revenues (see R eve n ues Below). B.R e v en u e According to state statute, the basic services of a public library in Minnesota must be free to its residents. This has meant that the Stillwater Public library has had very few avenues to generate revenues. The expanded library has been designed so that SPL may generate revenues that will help to cover the increased costs of operating a larger facility. These revenues would come from four operations: room rentals, gallery sales, concessions, and parking fees. Room Rentals There is adequate meeting space in the design of the expanded building to accommodate both library programs and the offerings of community organizations. Another feature of the design is the ability to enter the building and use the meeting spaces at times when the library is closed. Due to this feature, it will be possible to rent the meeting rooms and terrace for private events, including weddings and conferences. Although policies are yet to be created, rental uses could generate revenue for the library. The library meeting wing and terrace will be a very attractive venue, and there appears to be more than enough unmet demand for such spaces. Gallery Sales The meeting room wing includes a gallery area . In addition to works for exhibit only, the library intends that local artists may periodically show and offer their works for sale. Either Friends@Stillwater Public Library or the library itself could receive some commissions for these sales. A similar program has been quite successful at Lakeview Hospital. Concessions The library expansion has been designed to include a refreshment area. We are still gathering information about what would be included and who would operate these concessions. We could operate our own service or rent the space to a vendor. Many libraries now have full-fledged coffee shops on their premises. In another approach, Lakeview Hospital has a coffee cart that also sells some food. In 2005 , the library will develop a business plan for these concessions. Parking The parking facility will be used by library patrons for those hours that the library is open. In return for removing its right of reverter, however, Ascension Church will annual pay rent of $2,500 to use most of the library spaces on Sunday mornings. As the parking facility is only three blocks 23 from Main Street, we may also be able to raise rental funds for certain events and on selected days when there is a great need for parking in the city. C. Library Foundation Heretofore, the library has not had a development office or a regular fundraising effort . The library Board is currently seeking directors for a Stillwater Public Library Foundation that would conduct annual campaigns, raise funds for special projects and further develop endowed funds for the support of the library's collections and programs. For the initial several start-up years, it is the intent to raise $25,000 annually to supplement the library's annual materials budget (which for a number of years has been approximately $100,000). The longer range goals wiJI likely include an effort to assist in funding other aspects of the library's operations. The Foundation will be a separate not-for-profit corporation with members of the Board of Directors being from the Stillwater area and not limited to City residents, thus providing opportunities for seeking contributions from area-wide residents who use the library. 24 CITY OF STILLWATER CITY COUNCIL MEETING NO. 05-08 April 5, 2005 REGULAR MEETING Mayor Kimble called the meeting to order at 4:30 p .m. Present: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Absent: Councilmember Polehna Staff present: OTHER BUSINESS City Administrator Hansen City Attorney Magnuson Fire Chief Glaser Public Works Director Eckles Finance Director Harrison Director of Administration Knauss City Clerk Ward Update on Library project 4:30 P.M. Bill Hickey of the Stillwater Public Library Board of Trustees was present with an update on the library project. He stated the Board planned to provide updates on a monthly basis. He said McGough of Roseville has been selected as project construction manager and certain pre.construction activities have begun. A letter of intent has been signed to lease space in the Valley Ridge Mall to serve as temporary quarters for the library. It is likely the move to the temporary quarters will be made around May 15 . Construction site work is expected to begin around May 1. It is estimated construction will take 12 months from start to finish. Councilmember Milbrandt asked if the Board was on track with the necessary Heritage Preservation Commission and Planning Commission approvals. Mr. Hickey stated that most necessary approvals have already been received; it is a matter of keeping the various entities informed as the project progresses. Fire Relief Association Jeff Cutler of the Fire Relief Association gave a Power Point presentation. Also present were Association Board of Trustee members John Buckley, John Nobles and Bill Peltier and the Association's financial advisor Colleen Hartman. The presentation highlighted the history and organization of the Association; benefit level increase options; benefit comparisons; and investment performance. Mr. Cutler noted the reason for the Relief Association is to retain and reward firefighters for their service to the City by providing a pension benefit. A member is fully vested after CITY OF STILLWATER CITY COUNCIL MEETING NO. 05-10 May 3, 2005 REGULAR MEETING Mayor Kimble called the meeting to order at 4:30 p.m. Present: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Absent: None Staff present: OTHER BUSINESS City Administrator Hansen City Attorney Magnuson Police Chief Dauffenbach Fire Chief Glaser Public Works Director Eckles Community Development Director Russell Finance Director Harrison Director of Administration Knauss City Clerk Ward Library Project Update 4:30 P.M. Mr . Bill Hickey prov ided Counci l with an update on the library project by stating that they have secured the lease in the Valley Ridge Mall and will be moving June 15th. He said that the groundbreaki ng for the library project would be prior to June 15th. He also stated that they are currently working with the engineering and water departments to possibly replace an existing 125-year-old water main. Discussion on National Guard Training Center Community Development Director Russell reviewed the history of the City's work with the National Guard for a shared use National Guard Training Center/Community Facility. Because of 9-11, the construction standards for the National Guard facilities has been changed. The Mayor and staff met with Major Jeff Turner and National Guard Facilities Management Officer Tom Visely, it was unsure that the 1990 's master plan would accommodate the new protection standards. Mr. Duane Kell, provided information to the Council that the site would work for a shared use with the National Guard and reviewed the findings of the St. Croix Valley Sports Complex National Guard Armory Site Study. He reviewed the construction costs that would amount to the City's share being $11,240,000 which would include an aquatics center. CITY OF STILLWATER CITY COUNCIL MEETING NO. 05-12 June 7, 2005 REGULAR MEETING Mayor Kimble called the meeting to order at 4:30 p.m. ROLL CALL 4:30 P.M. Present: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Absent: None Staff present: OTHER BUSINESS City Attorney Magnuson Fire Chief Glaser Police Chief Dauffenbach Community Development Director Russell Public Works Director Eckles Director of Administration Knauss City Clerk Ward Lib rary Pro ject Up date Bill Hickey, president of the Library Board of Trustees, gave a brief update regarding the library project. He informed the Council that the Board had parted ways with its previously selected project construction management firm, McGough, and was in the final stages of negotiating an agreement with a new firm. He noted the move from the existing building is nearly complete and services at the temporary location should begin later in the week. There was a question about whether the change in firms would delay the construction start. Mr. Hickey responded there would be about a month delay, but it is still anticipated the project will be completed by the middle of summer 2006. Mr. Milbrandt said he had talked with McGough representatives and the parting was an amicable one. St. Cro ix Vall ey Com mu ni t y Center Update Paula Laidig of Independent School District 834 and David Rodriguez, YMCA representative, gave a Power Point presentation regarding efforts to construct a community center to serve the St. Croix Valley area. The center would be an integrated family center designed to meet educational, recreational and wellness needs of the family, child and community. The program would be a public/private partnership designed to address gaps in services, provide accessibility for all families and eliminate duplication of services . Some of the project partners include Stillwater Area Schools, St. Croix Area United Way, Andersen Corp., Greater St. Paul Area YMCA and a number of local municipalities. The planning team, which includes representation of all project REGULAR MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO. 05-14 July 5, 2005 Mayor Kimble called the meeting to order at 4:30 p.m. 4:30 P.M. Present: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Staff present: OTHER BUSINESS City Administrator Hansen City Attorney Magnuson Public Works Director Eckles Community Development Director Russell Fire Chief Glaser Finance Director Harrison Director of Administration Knauss City Clerk Ward Library Project Update Bill Hickey, president of the Library Board of Trustees, was present for an update on the library project. He said Adolph Peterson has been selected as the project construction manager. He said they continue to resolve cost issues. Preliminary work, such as soils preparation and detailed utilities survey, is being completed. Most everything has been removed from the building and the temporary facility is up and running at the Valley Ridge Mall. Councilmember Junker asked when actual construction might begin. Mr. Hickey stated groundbreaking might occur sometime in July; Library Director Lynn Bertalmio will coordinate the formal groundbreaking event. Mr. Hickey noted that the project is still on schedule to avoid significant winter delays. There was some discussion as to a water main located at the northeast corner of the site. Mr. Hickey said the footprint might have to be shrunk slightly in that location to accommodate the water main; they are working with the Water Department on that issue. Discussion on traffic studies during the bridge closure Public Works Director Eckles and Joe Lux, Washington County Transportation Department, outlined plans to conduct traffic counts during the upcoming closure of the lift bridge. While not completely accurate, Mr. Eckles noted that the closure of the lift bridge should give the City a picture of what traffic conditions might be l!ke when the new river crossing is complete. Traffic counts will be done in cooperation with Washington County. Traffic count locations include the intersections of County Highwa ys 15 and 12, County Highway 5 at Highway 35, Greeley at Orleans , Osgood at Highwa y 36 , Beach at Highway 36; interior streets include Churchill and Pine, Chestnut and Third, Myrtle at Main and both sides of Owens. Mn/DOT will be asked to conduct the counts on Highway 95 in the downtown area. Mr. Eckles noted that the proposed sites are County State Aid Highways or Municipal State Aid Streets where counts have been conducted before and there is a comparable database. REGULAR MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO. 05-16 August 2, 2005 Mayor Kimble called the meeting to order at 4:30 p.m. 4:30 P .M. Present: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Staff present: City Administrator Hansen City Attorney Magnuson Police Chief Dauffenbach Fire Chief Glaser Public Works Director Eckles Finance Director Harrison Administrative Secretary Moore Library Project Update Bill Hickey, president of the Stillwater Public Library Board of Trustees, was present with an update on the library construction project. Mr. Hickey said initial work has begun and includes protecting items such as art glass and the fireplace. Some demolition is beginning, along with some exterior restorative work. Council member Junker asked if the Fourth Street sidewalk would remain open during construction. Mr. Hickey said the Fourth Street walk would be open, but the Third Street sidewalk would be out of service for the bulk of the construction. Councilmember Milbrandt asked about the Heritage Preservation Commission's review of the redesign plans. Mr. Hickey said the HPC had reviewed the plans and offered some good suggestions. One of the changes is reducing the height of the parking garage, which enables the structure to be moved farther back into the hill, thus enabling the use of one retaining system instead of the previous step system, which will result in some cost savings. City Administrator Hansen asked for the construction draw schedule in order to ensure that cash is on hand for disbursement. Mr. Hickey said he would be sure that is provided. There was a question about the temporary location . Mr. Hickey said while the temporary location is constrained in some areas, patrons have been generally favorable. He said he thought the volume of business is pretty much unchanged. While there has been a loss of some pedestrian traffic, he said there has been an increase in new patrons from the western portion of the City. Councilmember Harycki congratulated the Board and City Council Meeting 05-14 August2,2005 contractor on doing a good job of communicating plans with the neighbors affected by the upcoming construction project. STAFF REPORTS Mayor Kimble thanked Police Chief Dauffenbach and his staff for their handling of the investigation into the July 30 hit-and-run accident that injured a 15-year-old boy. Chief Dauffenbach noted that a $10,000 reward is being offered for the arrest and conviction of the responsible party and asked for the public's assistance in the investigation. Fire Chief Glaser said he would be attending the Grant City Council meeting that evening. He said the Grant Council was expected to take action making the fire service boundary changes effective Sept. 1. He said he also expected the Grant Council to take action on its service contract with the Stillwater Fire Department that evening. Chief Glaser also gave a brief update on activity levels, saying his department has been very busy in recent weeks -the department responded to 173 calls in July. Public Works Director Eckles said the Council could expect to hear from a delegation of Long Lake residents who are not pleased with the operation of the water level control structure. He said he met with some of the concerned residents and advised them that if they want changes made, that is a decision of the Council. Mr. Eckles noted that some residents are happy with the current lake level. He said when residents were unable to reach a compromise on the desired lake level; the City was left with making the decision. He said the control structure was designed to afford 100-year flood event protection to all properties. The final design of the control structure has resulted in slightly lower lake levels than anticipated, especially in the recent dry spell, he said. Councilmember Milbrandt said it would be helpful to have an elevation chart available when the matter is discussed. Councilmember Polehna brought up the issue of silt, possibly from the Cub/Target development runoff, and resulting delta at the south end of the lake. Mr. Eckles noted that Brown's Creek Watershed District currently is undertaking a water quality study of Long Lake and said he hoped the Watershed District would solicit input from lake residents. City Administrator Hansen informed the Council that an emergency abatement order has been issued for the fire-damaged residence at Wilkins and Broadway. He also said staff and department heads have been working hard on next year's budget, but said there is still a long way to go. Councilmember Polehna asked that Public Works Director Eckles contact the president of the St. Croix Valley Hockey Association about the number and location of outdoor rinks, noting that it is anticipated the local association will have the largest group of Mites in the entire state. The 4:30 meeting was adjourned at 4:58 p.m. Page 2 of 8 REGULAR MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO. 05-19 September 6, 2005 Mayor Kimble called the meeting to order at 4:30 p.m. 4:30 P.M. Present: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Absent: None Staff present: OTHER BUSINESS City Administrator Hansen Police Chief Dauffenbach Fire Chief Glaser Director of Administration Knauss Finance Director Harrison City Clerk Ward Presentation of Certificate of Appreciation to Sally Colemier & Family Motion by Councilmember Polehna, seconded by Councilmember Milbrandt, to adopt Resolution 2005-196, Certificate of Appreciation for Richard Colemier's service to the City of Stillwater. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Mayor Kimble read the Certificate of Appreciation recognizing Mr. Colemier's service to the City as a member of the Charter Commission, member of the Stillwater Area Chamber of Commerce, and his service with the Fire Department. Mrs. Colemier was present to accept the Certificate. Library Project Update Bill Hickey, president of the Stillwater Public Library Board of Trustees, provided an update on the library construction/renovation project. He told the Council that work is proceeding . Substantial utility work has been done. Bids for earth retention work were to be received Sept. 7, earth excavation bids on Sept. 9, and pre-cast concrete bids on Sept. 13. Demolition is proceeding. During the abatement study, some minor amounts of asbestos-containing materials were found . Storm water management issues have been resolved, he said. The east face of the existing building is scheduled to be washed and cleaned in the very near future . An official groundbreaking ceremony is scheduled for Sept. 19; formal invitations will be sent. Councilmember Harycki asked if the project is still on schedule. Mr. Hickey responded that completion is still targeted for July 2006. Mr. Harycki asked about a possible increase in costs due to Hurricane Katrina. Mr. Hickey said the biggest impact is expected to be the result of gasoline prices, but said other cost increases might be seen -costs certainly won't go down . REGULAR MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO. 05-21 October 4, 2005 Mayor Kimble called the meeting to order at 4:30 p.m. 4:30 P.M. Present: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Russell Director of Administration Knauss Finance Director Harrison Fire Chief Glaser Police Chief Dauffenbach Public Works Director Eckles City Clerk Ward OTHER BUSINESS Li brary P roject Update Bill Hickey, president of the Library Board of Trustees, was present to provide an update on the library project. The bid for the soil retention work has been accepted and work should begin within a week, he said. Interior excavation also is scheduled to begin within the week, he said. Footings will start about Nov. 1, with pre-cast to come in on top of that. Interior demolition is pretty much done. A Foundation Permit Application will be applied for; sample panels of final finished materials will be erected soon . Two bid packages have been approved -soil retention came in at $522,000.00, about $30,000 .00 more than budgeted, while the pre-cast package came in at $797,848.00, about $43,000.00 under budget. Bidding has been competitive, he said. Councilmember Harycki asked about the perm it process and asked whether a full building permit had been obtained . Mr. Hickey responded that, with the assistance of the Building Department, permits are being secured in packages, like the bids. Councilmember Milbrandt asked whether the final permit would be subject to review, for example by the HPC . Public Works Director Eckles said staff will do a building permit review, that permit also goes to the State for review; the State review is the big unknown, he said. Mr. Hickey said the incremental permit approach speeds up the proce ss. Council member Junker asked that the silt screening be checked on Third Street ; Mr. Hickey said he would check on that. STAFF REPORTS Fire Chief Glaser informed the Council that the department received a call from the State Emergency Operations Center requesting that two firefighters be dispatched to Cameron Parish, LA, under the Intergovernmental Agreement that the City signed about REGULAR MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO. 05-23 November 1, 2005 Mayor Kimble called the meeting to order at 4:30 p.m. 4:30 P.M. Present: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Staff present: City Administrator Hansen City Attorney Magnuson Police Chief Dauffenbach Public Works Director Eckles Administrative Secretary Moore OTHER BUSINESS Lib rary Project Update Bill Hickey, President of the Library Board of Trustees, gave an update on the library construction/renovation project. He said work is continuing, nearly on schedule. The stabilization of the interior of the library has been completed. On Nov. 7, footings will begin to be poured, continuing for about two weeks. No additional expenditures have been authorized since the last update. Bidding is continuing and continues to be pretty much on target. He said a meeting with neighbors was scheduled for later in the evening to keep them updated on the project. Councilmember Polehna asked about winter heating. Mr. Hickey noted the change to precast eliminates the need for much of the tenting and winter heating, saving about one-quarter of a million dollars ... Councilmember Harycki asked when the public might expect to see the shell of the new building go up; Mr. Hickey said typically there is a delay of about 28 days after footings are poured before loading begins. He said pieces should start going up later in November. Workshop on Long Lake Don McKenzie, spokesperson for those in favor of a higher lake elevation, pointed out that Long Lake has been subject to the DNR permit for 30 yeas; the permit sets the lake level at 889 from October through April and at 891.4 from May through September. He also noted that according to DNR data, the highest lake level recorded was 892.65; the average lake level has been 890.45 from 1976 through 2004, and the ordinary high water level is 891 .5. He also stated that no homes have been flooded due to lake levels. It was noted that in October 2003, the City Council voted unanimously to approve the 890 elevation, controllable to 889 during the winter months, as recommended by the Brown 's Creek Watershed District study, City staff and its consulting firm of Bonestroo. REGULAR MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO. 05-25 December 6, 2005 Mayor Kimble called the meeting to order at 4 p.m. 4:00 P.M. Present: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Russell Director of Administration Knauss Finance Director Harrison Fire Chief Glaser Public Works Director Eckles City Clerk Ward OTHER BUSINESS Library Project Update -Tour of constru ction site Following a tour of the library construction site, Bill Hickey and Richard Huelsmann of the Library Board of Trustees provided an update on the library expansion project. Mr. Huelsmann stated that actual construction on the steep, sandy hillside, east of the original library building, has proven to be more complex and difficult than anticipated. He said in May 2005, the relationship with the original construction management firm was terminated by mutual agreement. The primary reason for the termination of the relationship with the original construction management firm was that the cost estimate was way over budget and the firm would not comply with the City's open bidding agreement. Adolfson & Peterson Construction was subsequently selected as construction manager and has worked creative ly with the Library Board, architects and consultants to develop a construction plan that provide for the renovation and expansion, along with important features, as originally planned . Groundbreaking took place on Sept. 10, 2005. Since that time, demolition of portions of the interior of the original build ing has been completed, a water main within the footprint of the planned addition relocated, and pouring of the foundation wall and footings is in progress. Project completion is expected in August 2006, he said. While some changes have been made to the footprint and floor plans of the addition, Mr. Huelsmann said the overall project will be close to that originally planned in looks, size, features, and efficiencies . He said it is the Library Board's view that there is only one opportunity to do the renovation and expansion project properly, one opportunity to "do it right." The project's initial budget was $9 million, to be funded by a public/private partnership; the initial capital campaign goal was $4 million. While the original goal has City Council Meeting -05-23 December 6, 2005 been surpassed ($4.2 million), he said the Library Board is committed to soliciting an additional $1.5-$2 million in funding to cover the currently estimated overall project cost of $10 .5-$11 million. He said the Board hopes to raise an additional $750,000 to $1 million, with the City matching the contributions, as in the original plan. The additional costs, he said, are due to : higher than anticipated costs to build on the steep site; the cost of re-locating the l ibrary's operation to a temporary site, previously not included in the project budget; and the higher than estim ated overall construction costs , particularly in the cost of concrete and steel. He said to this point, the Board has authorized construction contracts of $3.4 million and app roved paym en ts of $914,000 for work completed. Mr . Huelsmann said construction will proceed to the extent funding is possible. If necessary, portions of the interior finishing will be delayed pending receipt of additional funding. Solicitation of gifts from key contributors, foundations, corporations and individuals is continuing. Recently, a status report was mailed to major donors and letters sent requesting addit iona l contributions to seven of the largest contributors. Two of the seven have expressed strong interest in seeing the project is completed. And on Dec. 5, one of the foundations notified the Board that an additional gift of $300 ,000 has been approved . Mr. Huelsmann expressed optimism that the Board can raise additional funds. He said as progress continues, the Board will meet with City administration to finalize a plan for the City's participation. Mr. Huelsmann concluded his report by thanking the over 600 donors and City staff for their cooperation and attention. Trinity Lutheran Church -Post Office Project Pastor Dan Poffenberger and Bob Eiselt of Trinity Lutheran Church were present. The Pastor noted that Trinity owns the property on which the current downtown Post Office building is located , as well as the property where St. Croix Preparatory Academy is located and a parcel at Third and Myrtle. Trinity Is proposing to move the Post Office across the street to the other parcel the Church owns at Third and Myrtle and construct a new building. The current Post Office site /bui ld ing would provide for some future Church expansion. Mr. Eiselt reviewed building plans for the Post Office branch; the new two-story structure could also house other retail space/tenants, as proposed. Mr. Eiselt said a preliminary meeting has been held with postal officials, who highly recommended that Trinity obtain a letter of support from the City. He spoke of the advantages of the move, particularly in traffic flow. Mayor Kimble noted the City favors keeping the postal facili ty in downtown Stillwater and the advanta ge the proposal has for traffic stacking /flow. Mr. Eiselt noted that it could be up to one year before postal officials approved any move. Counci lmem ber Milbrandt said he though t the Council should do anything possible to encourag e the Post Office to remain downtown . Page 2 of 11 /-)7-200~ Resolution 2006-25, amending Resolution 2005-272, Establishing Hourly Pay Rates for Part-time Fire Personnel Resolution 2006-26, approving consultant contract with Robert J. Lockyear Resolution 2006-27, approving 2006 Annual Maintenance Agreements with Johnson Controls for City Hall and Public Works facility Resolution 2006-28, approving contract extension with Max Todo Resolution 2006-29, approving forestry consultant contract for 2006 Resolution 2006-30, approving engagement letter -arbitrage agreed upon procedures with Tautges Redpath, Ltd. PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS Pos sible a d o pti on o f resolutio n adopt ing fi n d ings o f fa ct. concl usions a n d orde r re lated t o t he denial of a variance to allow retail use on prop e rty located at 104 North Owens St reet in the RB , Two Family Residential District Motion by Councilmember Harycki, seconded by Councilmember Polehna to adopt Resolution 2006-31, resolution adopting findings of fact, conclusions and order related to the denial of a variance to allow retail use on property located at 104 North Owens Street in the RB, Two Family Residential District (Case No . V/05-64 ). Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None NEW BUSINESS Poss ible app roval of re sol uti o n fo r bond s a le (Libra ry & 200 6 Ca pita l Outla y ) David McGillivray, Springsted, explained proceeds of the $6 million capital outlay bond will be used for the library renovation/expansion project and for capital equipment purchases . The bond is retired through property taxes. Bids were received earlier in the day on Jan. 17, 2006. Nine bids were received, with the most favorable being from J .P. Morgan at 3.8830 percent; the estimate was 4.25 percent, he said. He explained the favorable bid was due to the timing of the sale and the City's excellent bond/credit rating of AA. City Administrator Hansen said the bond sale results far exceeded his expectations. Mayor Kimble congratulated City Administrator Hansen and Finance Director Harrison for a job well done in achieving the AA rating. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki to adopt Resolution 2006-32, resolution accepting proposal on the competitive negotiated sale of $6,400,000 General Obligation Capital Outlay Bonds, Series 2006A, providing for their issuance and levying a tax for the payment thereof. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None 2 City Council Meeting -06-03 February 7, 2006 Councilmember Harycki asked if the property was subject to any other easements/encumbrances. City Attorney Magnuson sa id he is not sure if the property is subject to any of the easements given for the floodwall project, but staff could check on that. Mr. Dougherty said he has had conversations with the Corps; the Corps has indicated it might be interested in using his parking lot as part of the flood protection plan. Mayor Kimble asked if this land exchange would affect a decision on whether or not to build on the north end of the Inn; Mr. Dougherty said it would not affect that decision. Councilmember Milbrandt said he thought the consideration of a land swap was premature, saying there was no reason to think such a swap would be necessary to facilitate the park/walkway or floodway plans. The Council viewed the original plaza concept plans. Councilmember Milbrandt pointed out that those plans were purely conceptual and never got down to specifics due to funding issues and unknowns regarding the height of the flood protection plans. Councilmember Junker said the key to the previous discussions was that the City did not have the railroad property to swap and noted there have been dozens of scenarios, "wish lists," related to the plaza/gateway proposal. Councilmember Polehna noted that without floodwall/revised plaza plans, approving any land exchange would be putting the cart before the horse. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki that the Council not consider any land swap at this time as there is nothing to base consideration on at this point. All in favor. Library Project Update Bill Hickey, president of the Library Board of Trustees, told the Council the project is going well. To date , the Board has authorized $7,365 ,297 in work . Since the last update , the Board has awarded electrical, mechan ical , drywall and several smaller contracts . The Board has not yet touched the contingency on the project. In the next few days precast columns will be set; precast floors and planks will be set within the next 20 days, he said . The project is a bit behind in work in the existing building because the state's plumbing permit process has changed, but that time is recoverable and not a significant impact. Underground utilities will commence after precast work is completed. Mr. Hickey said at one time there was talk of a stairway connection along the north edge of the property to connect with the City's trail system ; the stairway is not in the library project budget, and he said a decision on the stairway w ill need to be made soon, in conjunction with the award of reta in ing wall bids. There was a question about the cost of the trai l connection ; Mr. Hickey esti mated $50 ,000-$70,000. Councilmember Harycki suggested that such a connection makes se,nse and would be more appropriate as part of the Park Board mission, rather than the Library Board's. Councilmember Milbrandt suggested that the Park Board would not be against such a proposal, but it could be a budget issue for that Board. Mr. Hickey said he could hold the retaining wall bids if need be. It was agreed to get the issue on the Park Board's February agenda. Page 3 of 13 REGULAR MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO. 06-01 January 3, 2006 Mayor Kimble called the meeting to order at 4:30 p.m. 4:30 P.M. Present: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Staff present: City Administrator Hansen City Attorney Magnuson City Clerk Ward Director of Administration Knauss Finance Director Harrison Fire Chief Glaser Police Chief Dauffenbach Public Works Director Eckles OTHER BUSINESS Library Project U pdate Bill Hickey, president of the Library Board of Trustees, was present for the monthly project update. He said work is progressing nicely with the form work for the walls going up. The strip footings are nearly 100 percent complete; the foundation work and walls in the area of the lobby are completely finished. Schedule-wise, he said the project is in pretty good shape. Dollar-wise, to date, $3,452,397 has been committed. Electrical, mechanical and drywall subcontracts were scheduled to be accepted the first week of January; he said A&P has done a good job in encouraging local contractors to participate. Councilmember Junker said he had heard that some neighbors to the north of the project site had experienced some cracking in their walls. Mr. Hickey said he was unaware of any such problem and said he would like more information if such a problem truly exists. Discuss ion on 4th of July Firewo rks -Dave Eckberg Dave Eckberg presented the Council with a photo of a past fireworks display. He said the proposal is the same as last year . The display would take place on the 4th of July . Two orchestras have committed to perform, one in Lowell Park, the other in Pioneer Park. A fly-by has been requested, but is never confirmed until close to the actual date. He requested the City's support in the amount of $15,000, the same as contributed for the past 10 years . Mr . Eckberg also asked that the Council consider making that contribution as soon as possible in order to take advantage of an offer by Melrose REGULAR MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO. 06-05 March 7, 2006 Mayor Kimble called the meeting to order at 4:30 p.m . 4:30 P.M. Present: Councilmembers Harycki (4 :35 p.m .), Junker, Milbrandt, Polehna and Mayor Kimble Staff present: City Administrator Hansen City Attorney Magnuson Director of Administration Knauss Deputy Fire Chief Tom Sallis Finance Director Harrison Interim Community Development Director Lockyear Public Works Director Eckles Assistant City Engineer Sanders City Clerk Ward APPROVAL OF MINUTES Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to approve the regular meeting and executive session minutes of February 21 , 2006. All in favor . PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Library Upda te Bill Hickey, president of the Library Board of Trustees, updated the Council on the library project. He said the precast work would be finished later in the week of the Council meeting. Following that, the steel studwork will begin. The last of the building permits are in place, he said, and he thanked City staff for assisting in getting the state permits in place. He said he had requested, but not received, a quote from A&P on adding an eight-foot stairway with two landings and lighted bollards, as discussed at the last update. Now that the deck is up and safety lines in place, he encouraged Councilmembers to visit the site. He said the project is still on the August timeline . CONSENT AGENDA* Motion by Councilmember Junker, seconded by Councilmember Polehna to approve the Consent Agenda. Ayes : Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays : None REGULAR MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO. 06-07 April 4, 2006 Mayor Kimble called the meeting to order at 4:30 p.m . Present: Councilmembers Junker, Harycki, Polehna and Mayor Kimble Absent: Councilmember Milbrandt Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Dauffenbach City Engineer/Public Works Director Eckles Assistant City Engineer Sanders City Clerk Ward OTHER BUSINESS 4:30 P.M. Certificate of Appreciation to Sheila McNamara, Commun ity Development Department Secretary Mayor Kimble presented a Certificate of Appreciation to Sheila McNamara, Community Development Department Secretary, commending her efforts while the department was shorthanded and in transition. Library Update Bill Hickey, president of the Library Board of Trustees, presented the update on the library project. He noted the superstructure is essentially complete; plumbing, heating and ventilating work is commencing; steel studwork has started; and the brick mix has been finalized. A small amount of roof work remains to be done, but otherwise the framework is essentially complete. Schedule wise, he said, the project is officially a day behind schedule, but A&P is not concerned about that at this point. Councilmember Junker asked if there was anything more to report on the stair/steps on the north side of the building. Mr. Hickey said he had no further information other than a cost estimate for the concrete work of about $50,000. Councilmember Harycki asked if that cost would be a library cost or a Park Board cost. Mr. Hickey said the additional work is not something the library would do on its own and would be money in excess of what it would spend as part of the original project. Mr. Hickey said the project is still on target for a fall opening. CITY OF STILLWATER CITY COUNCIL MEETING NO. 06-09 MAY 2, 2006 REGULAR MEETING Mayor Kimble called the meeting to order at 4:33 p.m. Present: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Absent: Councilmember Polehna Staff present: OTHER BUSINESS City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Interim Director of Public Works Sanders Finance Director Harrison Fire Chief Glaser Police Captain Peterson Director of Administration Knauss Library Project Upda te 4:30 P.M. Library Board of Trustees Chair Bill Hickey presented the project update. He said the cost estimate of including the previously discussed stairway has been received; estimated cost is $189,796. He noted that Molin Concrete featured the library project in its house magazine. Mr. Hickey said when completed, the plan is to return to the use of the library's historic address, 224 N. Third St. Update on Lumberjack Days Dave Eckberg was present with an update on plans for Lumberjack Days 2006. Highlight of this year's festivities will be the Stihl Timbersports International Log Rolling World Championships. The log rolling events begin with amateur competition on Thursday, July 20, and conclude with the championship finals on Sunday, July 23 . ESPN will be in Stillwater Friday through Sunday to air/tape the log rolling events. Mr. Eckberg said the proposal is for a two-year agreement with Stihl/ESPN to host the log rolling championships. The contract is to be finalized by May 11 and available for action at the Council's May 16 meeting. Councilmember Milbrandt asked for a detailed traffic plan within 30 days. A complete preliminary schedule of events, as of April 28, was included in the Council's agenda packet. Parking Ramp -2nd & 3rd Streets City Administrator Hansen asked for Council direction regarding its interest in pursuing the possible construction of a parking ramp. The City has been exploring the possibility of constructing a ramp since early 2003, with the most feasible site identified as the Second and Third Street area near the Lowell Inn. The Second and Third Street area City Council Meeting -06-10 May 16, 2006 before the Council was not approving or disapproving of the expenditure of money for the harvesting but accepting the report and calling for a public hearing. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Po ssible approval of Royal Oaks fina l pla t Community Development Director Bill Turnblad explained the project, located on Greeley Street at Curve Crest, would involve an eight-building, 20-lot subdivision, he said the final plat is consistent with the preliminary plat approved several months earlier, and final approval is recommended with the nine conditions and development agreement. Councilmember Junker asked whether this included the stop light at the Greeley/Curve Crest intersection. Mr. Turnblad responded that this approval is for the final plat only. Interim Public Works Director Sanders responded that the main access to the site is at the controlled intersection, so access into and out of the property should not be a problem. Motion by Councilmember Polehna, seconded by Councilmember Harycki to adopt Resolution 2006-111, approving a final plat and development agreement for property located at 1749 South Greeley said plat to be known as Stillwater Town Office (Royal Oaks). Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None COMMUNICATIONS AND REQUESTS Richard Huelsmann and Bill Hickey of the Stillwater Public Library Board of Trustees were present to discuss the issue of the possible addition of steps/trail connection to the library construction/renovation pri:oject. C ity Administrator Hansen reported that the estimated cost has come down to about $164,000, with some contingency costs that may or may not be used, so the cost might be even lower. Mr. Hickey said since the last discussion on this issue, the proposal has been revised to change the retaining wall from poured-in-place concrete to a modular block product. The steps themselves, he said, would still have to be poured-in-place concrete. The use of modular block will necessitate two additional retaining walls, but also enhance the ability for landscaping, he said. The iron railing would match the railing on the terrace . Mr. Hickey noted the estimate includes $7,800 in contingency, which they are pretty confident won't be expended. Mr. Huelsmann noted that some adjustments in the north retaining wall had also been made to accommodate concerns of a neighboring property owner. There was discussion about the amount of the bid. Mr. Huelsmann and Mayor Kimble spoke of the challenges and constraints presented by the site that add to the cost. Page 9 of 11 CITY OF STILLWATER CITY COUNCIL MEETING NO. 06-08 April 18, 2006 SPECIAL MEETING Mayor Kimble called the meeting to order at 4:30 p.m . Present: Absent: Staff present: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Councilmember Polehna City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Director of Administration Knauss Finance Director Harrison Fire Chief Glaser Police Chief Dauffenbach Interim Public Works Director Sanders City Clerk Ward OTHER BUSINESS Discussion on Capital Improvement Plan 4:30 P.M. City Administrator Hansen highlighted some unfunded items in the proposed CIP that could be shifted to other years, items such as an Emergency Operations Center; Arts and Cultural Center and Pedestrian Plaza, which would be done in conjunction with the Levee Wall Project; the Recreationff raining Center, which would be part of the Armory Project; Terra Terminal Park, part of the new bridge crossing. Mr. Hansen also highlighted items by department. Councilmember Milbrandt questioned the library's 2006 request for computer cabling and telephone system considering the fact that the library will be in a brand new building this year. Councilmember Milbrandt suggested those items should be part of the $11 million construction project. City Administrator Hansen noted that issue had been discussed earlier; cable will not be pulled until computers are installed was the response in the earlier discussion, he noted. Councilmember Milbrandt also suggested that kitchen equipment should be part of the new building project. Councilmember Milbrandt questioned the library request for $10,000 in 2007 for wireless technology when that system is to be in place when the new building opens. Councilmember Milbrandt noted that funding for sidewalk rehabilitation is not listed in each year of the CIP and said he viewed sidewalk maintenance and trail maintenance as items that should be funded on an ongoing/annual basis. Councilmember Milbrandt suggested funding in the amount of $50,000 might be appropriate for sidewalk maintenance for the next four years and $25,000 for trail maintenance for the next four years. Councilmember Junker asked for more information regarding the Police Department request for 800 MHz radio station. City Administrator Hansen noted the County is switching to the 800 MHz and will provide the infrastructure; the City has to provide its own radios. There was discussion about funding for the Neal Avenue connection and whether it should be scheduled in the CIP before 2010. REGULAR MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO. 06-11 June 6, 2006 Vice Mayor Junker called the meeting to order at 4:35 p.m. Present: Councilmembers Harycki, Milbrandt, Polehna and Vice Mayor Junker Absent: Mayor Kimble Staff present: Community Development Director Turnblad Director of Administration Knauss Interim Public Works Director Sanders Finance Director Harrison Fire Chief Glaser Police Chief Dauffenbach City Clerk Ward OTHER BUSINESS Presentation of Human Rights Award 4:30 P.M. Tony Carr, Chair of the Stillwater Human Rights Commission, read a proclamation and presented the first annual Human Rights Award to Ken Moses. Mr. Moses accepted the award and spoke of the Americans with Disabilities Act and the need to enforce the law to improve access for those with disabilities. Library Project Update Bill Hickey, chair of the Stillwater Public Library Board of Trustees, passed out bid/cost information on the stairs/retaining wall project. He said conversations have been held with neighbors who have expressed concerns about the project and the progress of the project. He said the total project remains on target for an August opening. Donation Agreement for Teddy Bear Park Tom and Sherry Armstrong, donors of Teddy Bear Park, were present. Mr. Armstrong explained that the park has been designed for children age seven and under. He said 1,800 invitations have been sent to children of that age to attend the park's grand opening; about 650 RSVPs have been returned. The park equipment has a Stillwater theme, he said. The old barn building on site includes two public restrooms on the main floor. The two floors are separate entities, with separate entrances, so the building can be utilized for several functions simultaneously. The teddy bears are in place, he said; the bears were fashioned of monument grade granite. The equipment has been anti- graffiti treated, he said. Mr. Armstrong explained that programming has been scheduled ---------------- REGULAR MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO. 06-13 July 11, 2006 Mayor Kimble called the meeting to order at 4:30 p.m. 4:30 P.M. Present: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Interim Public Works Director Sanders Fire Chief Glaser Police Chief Dauffenbach Finance Director Harrison City Clerk Ward OTHER BUSINESS Library Project Update Bill Hickey, president of the Stillwater Library Board of Trustees, said the project is making good progress. The landscape work has started, the windows are all installed, most of the interior walls are up, the roof work is nearly completed, and the terrace is largely complete. He said, tentatively; the official opening is set for Aug. 28. Councilmember Harycki asked about the windows on the south wall. Mr. Hickey explained that the custom art glass replicates glass from the original building. Mr. Hickey also briefly reviewed the schedule for completion of the retaining wall/stairs on the north portion of the project site. Karen Kill, Brown 's Creek Watershed Management Karen Hill, administrator with the Brown's Creek Watershed District, reviewed the Watershed District's water quality cost share grant program. The program, just started this year, has a budget of $40,000; it is estimated 4 to 5 projects will be put in the ground in 2006. The primary target of the program is residential projects with direct drainage to MPCA impaired waters, specifically Long Lake, Brown's Creek, Goggins Lake and South School section lakes. Projects that look like they will be funded/completed in 2006 on Long Lake include a rainwater garden on the Richtman property near Brewer's Pond. She also reviewed the District's monitoring program, which includes a new monitoring station at the Long Lake diversion structure. Ms. Kill stated the Watershed District is developing a water quality management plan for Long Lake; an MPCA designated impaired waters, and the lake's subwatershed. She REGULAR MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO. 06-15 August1,2006 Mayor Kimble called the meeting to order at 4:30 p.m. ROLL CALL 4:30 P.M. Present: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Staff present: City Administrator Hansen Attorney Magnuson Community Development Director Turnblad Director of Administration Knauss Interim Public Works Director Sanders Finance Director Harrison Fire Chief Glaser Police Chief Dauffenbach Clerk Ward OTHER BUSINESS Library Project Update Bill Hickey, president of the Stillwater Public Library Board of Trustees, provided an update on the library construction/renovation project. He said carpet is being installed and interior painting is in progress. The fences are being removed. It is anticipated that the certificate of occupancy will be received Sept 1, with opening of the facility the week of Sept. 11, he said. Budget wise, he said there was an issue with the roof and currently soil retention issues are presenting a challenge. He said a number of people, including major donors and several Councilmembers have been through the building and comments have been favorable. Feedback from those who have toured the building has been unanimous in the need to repaint a green wall, as well as to switch some functions on the lower level. Mr. Hickey explained the functions of the office space on the upper floor. Councilmembers expressed their compliments on the project. Budget-Elections/MIS/Administration/Plant-City Hall/Washington County Recycling Grant Director of Administration Knauss reviewed the proposed budget for elections, administration, and plant/City Hall. Regarding the elections budget, Ms. Knauss noted the budget is minimal, as 2007 is an off-election year, other than for the school election. Ms. Knauss stated that for administration, there are no other capital expenditure requests other than those outlined by Ms. Holman, the budget is basically operating expenditures, she said. Under plant/City Hall, Ms. Knauss said the City Hall window resealing, a $10,000 item that was eliminated from the budget earlier, will have to be put City Council Meeting -06-15 August 1, 2006 back in the budget request as it is recommended that windows be resealed every eight years. Another new item, she said, is a study to determine what needs to be done to eliminate a water leakage problem. Also included is the ongoing carpet replacement and associated asbestos abatement. Councilmember Milbrandt questioned the need to replace the carpet in the Council chambers; Ms. Knauss said that could be eliminated if the Council wished. Councilmember Milbrandt questioned the amount requested in the building repair charges in the operating budget; City Administrator Hansen responded that the City Hall building has numerous problems and he is not sure the requested $24,000 is adequate. Rose Holman, MIS Specialist, reviewed the proposed MIS budget, including the requested capital outlay by the various departments. There was some discussion as to the request for wireless equipment for the fire/police departments and how that relates to the upcoming Washington County 800-megahertz system. Councilmember Milbrandt asked about the inclusion of a Library item; Ms. Holman said she had not been involved in any of the Library equipment requests. Councilmember Junker asked about the proposed MIS capital expenditures as compared to the overall capital budget expenditures. Finance Director Harrison responded that the proposed MIS expenditures total about $220,000. Ms. Knauss noted the MIS operating budget includes the request for a new position, a position that was denied last year. Ms. Holman noted she is a one- person department and provides MIS/IT services to all City departments and because she doesn't have enough time to respond to all requests. she reacts to problems, rather than being proactive. Ms. Holman noted that the number of computers the Library needs support for will double next year with the opening of the new facility. Twenty percent of the requested new position would be paid through the Library budget, she noted. In response to a question about what happens in Ms. Holman's absence, Ms. Knauss stated that little IT work gets done other than backing up files and some trouble shooting of desk top computers and/or contacting the City's consultant for assistance. Ms. Knauss said the new position is envisioned as performing the day-to-day duties in order to free up Ms. Holman to implement projects and work on the network. If the position is not approved, Ms. Knauss suggested the Council will have to decide on what projects to eliminate or possibly no longer provide support to the Library. Councilmember Harycki suggested exploring the use of consultants on an as-needed basis to serve the Library. Ms. Knauss reviewed the Washington County recycling grant, a grant that must be used for education purposes. The grant money can no longer be used to subsidize contracted services for recycling, she explained. Louis F. Jambois, Executive Director Assoc iation of Metropolitan Municipalities Mr. Jambois began by inviting the City of Stillwater to rejoin the ranks of the Association of Metropolitan Municipalities (AMM). He noted dues for 2007 would be $5,400. He highlighted the reasons to be an AMM member and the Association's mission statement. One of the primary advantages of membership, he said, is that the AMM is the primary advocate for metropolitan-area communities at the Metropolitan Council and Page 2 of 11 REGULAR MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO. 06-18 September 5, 2006 Mayor Kimble called the meeting to order at 4:30 p.m. 4:30 P.M. Present: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Interim Public Works Director Sanders Finance Director Harrison Fire Chief Glaser City Clerk Ward OTHER BUSINESS Library Project Update Library Board of Trustees President Bill Hickey said the construction project is wrapping up and in the final stages. A preview gala is scheduled for Sept. 9, he said, with opening of the library set for Sept. 18. Council member Junker asked about the final grade of the front and plans for a rain garden. Mr. Hickey explained that there are a number of donors who stipulated in the terms of their gifts that the 4th Street lawn remain a broad space of lawn and there also was a concern about the maintenance of a true rain garden. The intent of the rain garden, he said, was to retain storm water. A French drain, a large gravel pocket, has been installed under the topsoil to pull in surface water and minimize runoff, he said. The Council asked Mr. Hickey to return in four weeks for a final project wrap-up. Discussion on Liquor License fees City Clerk Ward noted that last year, the Council approved a 5 percent liquor license fee increase. At that time, the Council suggested the possibility of a variable rate schedule in the future. Ms. Ward said a variable schedule can be developed, but none of the surrounding communities use a tiered system. She noted that State fees are based on sales and that information would have to be obtained for a tiered system to be implemented. Ms. Ward asked for direction on how to proceed. Councilmember Milbrandt said he thought a fee structure based on sales would be more equitable. Councilmember Harycki said he would be interested in talking with the State to see if the sales information could be made available. Ms. Ward said she could talk with the Department of Revenue but suggested that if that is the direction the ,,; City Council Meeting -07-21 September 4, 2007 packet refers to the St. Croix Valley Recreation Center, while it should refer to the City of Stillwater. It was consensus to have Doug Brady and Tim Thomsen, Public Works Superintendent, work out the specifics of the contract, with the contract to be reviewed by City Attorney Magnuson. Report on study regarding city boat dock possibilities Planner Mike Pogge explained that at the Council's direction, staff had looked at the possibility of installing short-term, rental docks in the downtown area. The best location, he said, is the north end of Lowell Park. Mr. Pogge described three different dock designs and discussed the advantages/disadvantages of steel versus aluminum docks. Mayor Harycki pointed out an individual has expressed a willingness to make a donation toward the project. Mr. Pogge said staff had contacted the DNR to explore different funding options. He stated the DNR administers the Boating Infrastructure Grant Program, which covers 75 percent of the cost of docks and associated improvements, but does include a number of restrictions, including the requirement for overnight stays. Councilmember Nyberg said he would not be comfortable with proceeding unless the project is 100 percent funded outside of City dollars. Councilmember Milbrandt noted the City already has 20+ public docks in the downtown area. Councilmember Polehna asked about the possibility of expanding the existing docks, rather than at Mulberry Point. Councilmember Gag spoke of exploring the option of the location by the existing docks. Mr. Pogge suggested that a location by the existing docks would likely involve ADA issues. It was agreed to have staff continue to explore the various possibilities, including the location by the existing docks. Review of proposed donation agreement -Library City Attorney Magnuson provided the Council with a draft of an agreement that the Library and donor have been discussing. He explained that the donor owns property on Stillwater Avenue in St. Paul, a convenience store-filling station operation. He said the owner would like to convey the property to the City of Stillwater once an agreement has been reached wfth the buyer. The Cit/would hold the contract for deed with a stream of payments of about $3,300 a month for 10 years and a balloon payment at the end of 10 years. The donor, he said, does not care if the City would sell the contract on a secondary market as long as the City agrees to use the proceeds in the same way as the monthly payments. City Attorney Magnuson explained one of the risks is the location of gasoline pumps on the site and the potential liability associated with that. Mr. Magnuson noted there is no insurance for hazardous waste removal or releases. He explained that owners of such property seek reimbursement, with deductible; from the Petrol Fund for cleanup costs should there be a hazardous waste spill/leak. The League of Minnesota Cities insurance would cover the City for the deductible for a Petrol Fund claim, he noted. Councilmember Nyberg asked if any environmental studies had been done; City Attorney Magnuson said no studies have been done to date. Mr. Magnuson explained that an agreement has been reached with a buyer. If the Council approves this agreement, the owner would sign a quit claim deed and the City would sign the purchase agreement on Sept. 14. Councilmember Nyberg and Mayor Harycki Page 4 of 13 City Council Meeting -07-21 September 4, 2007 expressed concern about the potential liability of this type of property . Councilmembers Polehna and Milbrandt both spoke of the concern regarding the lack of environmental studies. City Attorney Magnuson suggested that perhaps the City could do a Phase 2 environmental study and ask that the closing be delayed until that is completed. Mayor Harycki noted that even a phase 2 does not eliminate the potential liability in the future. The consensus was the concern regarding potential liability was too great to accept the agreement at this time. STAFF REPORTS Police Chief Gannaway briefed the Council on the recent truck weighing saturation project on trucks go ing through downtown Stillwater --with 17 total violations issued . He stated trucks would continue to be weighed on a random basis. Community Development Director Turnblad told the Council the Jackson Wildlife Management Area has been reclassified from a Wildlife Management Area to a less restrictive status. That occurred after a recent public hearing by the DNR, he explained. The DNR will now contact local governments to determine a potential buyer, he said. The meeting was recessed at 6:38 p.m . RECESSED MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7 p.m. Present: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway City Clerk Ward Mayor Harycki led the Council and audience in the Pledge of Allegiance APPROVAL OF MINUTES Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the August 14 , 2007 special meeting minutes and August 21, 2007 regular and executive session meeting minutes. All in favor. Page 5 of 13 -------------- City Council Meeting -06-22 October 3, 2006 Washington County -Presentation of Camp us Improvements Don Thiesen, Washington County Transportation and Physical Development Director and County Interim Public Works Director, introduced County representatives including Commissioner Gary Kriesel, County Administrator Jim Schug, Planner Ann Pung Terwedo, facilities managers Keith Pott and Amy Stoddinger, and architects Joel Dunning and Mike Cox. Mr. Thiesen provided an overview of the project, which includes six phases. The first phase, construction of a parking lot, is scheduled to begin this winter, he said. The presentation focused on the next three phases, a 3-story addition to the Law Enforcement Center, 5-story courts addition, and remodeling of courts and west wing of the Government Center; those three phases are to be done simultaneously, he said . The final phase will be a remodeling of the south wing . When the project is completed, he said, the north wing of the campus will be court services; all other services will be accessed from the south wing. It is anticipated ground-breaking for the two-year project that encompasses phases two-five will take place next spring, he said, with full completion in 2009. He said the County will be looking at traffic improvements in conjunction with the project. Architects Mike Cox and Joel Dunning reviewed the concept drawings, locations of various functions and aerial views of what the new additions might look like from various points, and project scheduling. Councilmember Harycki asked if residents of Paris Avenue to the east had been informed of plans/potential traffic impacts. It was noted the County held an open house, which no one attended, as part of the parking lot project; the County will be looking at traffic improvements as part of the project. Councilmember Junker asked about potential job creations. County Administrator Schug noted that courts are staffed by state employees; counties are required to provide space. Therefore, there would be no new jobs created. Mayor Kimble asked if there would be a need for any additional property annexation; county representatives said this project will not necessitate any additional annexation. Councilmember Milbrandt asked about the project costs; total cost is estimated at about $59 million. Library proiect update Bill Hickey, president of the library Board of Trustees, was present. He said the official ribbon cutting was scheduled for Saturday, Oct. 7. Some touch-up work is being completed, he said. Generally, he said users have been very complimentary and pleased with the project. Councilmember Milbrandt asked about the timeframe for opening of the coffee shop area; Mr. Hickey said they are in negotiation with a local business to operate the service. Council member Junker asked about the collapse of the retaining wall. Mr. Hickey said a small section of the wall on the south collapsed, likely due to inadequate soil compaction. That section of the wall has been rebuilt, he said, with additional reinforcing. Councilmember Harycki asked if any utility bills had been received yet; Mr. Hickey said none had been received. Councilmember Milbrandt asked about the use of the Fourth Street entrance; Mr. Hickey said once users are aware parking is more plentiful off Third Street, parking will naturally shift to that entrance in Page 2 of 9 City Council Meeting -06-22 October 3, 2006 the future. Councilmember Milbrandt asked if additional plantings were planned for the Fourth Street side; Mr. Hickey said landscaping is completed at this time. STAFF REPORTS Fire Chief Glaser invited the Council to visit the department between meetings to view new equipment and meet staff to help kickoff Fire Prevention Week Oct. 8-14. Finance Director Harrison reported that the dates for the City's Truth In Taxation Hearings had to be changed due to a conflict with the School District's hearings. Due to the County's timeframe, staff had to select new dates for the hearings. She said Monday, Dec. 4, was selected for the initial hearing and Monday, Dec. 11, for the continued hearing, if necessary. Ms. Harrison suggested that the Council could change its regularly scheduled meeting of Dec. 5 to Dec. 4 to avoid meeting on two consecutive nights. It was consensus to change the regular meeting date for the first meeting in December to coincide with the Truth In Taxation hearing. Motion by Councilmember Junker, seconded by Councilmember Milbrandt to hold the first regular Council meeting in December on Monday, December 4, 2006. All in favor. City Administrator Hansen told the Council that the workshop with the Brown's Creek Watershed District was scheduled for Nov. 21 at 4:30 p.m. Meeting was recessed at 5: 15 p.m. RECESSED MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7 p.m. Present: Councilmembers Harycki, Junker, Milbrandt, Polehna (7:30 p.m.) and Mayor Kimble Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Fire Chief Glaser Interim Public Works Director Sanders Police Chief Dauffenbach City Clerk Ward APPROVAL OF MINUTES Motion by Councllmember Junker, seconded by Councilmember Milbrandt to approve the September 19, 2006, special and regular meeting minutes and September 29, 2006, special meeting minutes. All in favor. Page 3 of 9 REGULAR MEETING · twater lNI llllN1U,C:I Or IIUll(l l fA CITY OF STILLWATER CITY COUNCIL MEETING NO. 08-03 Monday, February 4, 2007 Mayor Harycki called the meeting to order at 4:30 p.m. 4:30 P.M. Present: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Staff present: OTHER BUSINESS City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Planner Pogge Public Works Director Sanders City Clerk Ward Library Board -Mary Lou Rice Mary Lou Rice, president of the Stillwater Library Board of Trustees, provided a quarterly update for the Council. She introduced two other board members in attendance, Julia Sandstrom and Ned Gordon. Ms. Rice spoke of the capital campaign and announced that the campaign had raised $5.6 million, with over 700 donors from the community. She said the campaign amounts to over $300 in private funds per capita in Stillwater, compared to the Minneapolis Library campaign, which amounted to $32 per capita for residents of that large city. She paid tribute to the late Dick Huelsmann and the role he played in the success of the capital campaign, as well as the efforts of Mary Ann Sandeen. Ms. Rice commended Library Director Lynne Bertalmio, on behalf of the Library Board and Council, for her leadership and management of the library during the entire construction process, from its inception to the opening of the new facility; Ms. Bertalmio expressed her thanks to the Council for the Council's support. Ms. Rice noted that a Library Foundation has been formed for ongoing fundraising. She highlighted some of the activities from last year, including circulation statistics, visits to the library and community use of the new facility. She briefly reviewed some of the efforts being made to advertise and promote the community use of the facility. She also noted that the Library Board has adopted the Minnesota Library Association 2008 legislative platform, which supports the League of Minnesota Cities' efforts to increase funds for Local Government Aid. City Council Meeting -08-03 February 4, 2008 Mayor Harycki asked if the capital campaign was officially concluded, if people were still interested in making a donation. Ms. Rice responded donations are still being accepted but that at this point, fundraising is being focused on library operating efforts, and, in some case, potential donors would be steered toward the Library Foundation. Legis lative Update -Ed Cain Mr. Cain was not present. It was agreed to ask Mr. Cain to attend the second meeting in February. Levee Wall Update -Tom Novak Community Development Director Turnblad reviewed phase 3 of the levee project. He noted that in 2004, the Council's locally preferred plan for phase 3 included: protection at the 50-year flood elevation; views of the river not to be blocked by the project improvements; softening elements, such as berming and back sloping, to minimize the impact of the project; and incorporation of a trail in the project. He said it was obvious that what was not wanted was a wall visible from the river or from Main Street, or even a structure that could accommodate emergency paneling-type protection. He said the plans that have been developed based on those preferences include a short levee a couple of feet tall, seating wall, with either a trail on it or some type of flood protection element with it. He reviewed elements from north to south. Mayor Harycki noted that both PD Pappy's and the Dock Case are on the riverside of the levee and wondered what plans are for a 100-year flood. Mr. Turnblad pointed out that PD Pappy's is designed to take the water of a 100-year flood, and the Dock Cafe is designed so the service area and seating areas are above the 100-year flood level. Mayor Harycki asked if any thought had been given to protecting the seating wall from graffiti; Mr. Turnblad noted there are surface treatments than can be used for ease of removal and that is something that can be considered. Councilmember Nyberg asked about the transition between elements, from berming to seating wall; Mr. Turnblad pointed out all transitions are made at streets or places where there are natural breaks for making the transition. Councilmember Milbrandt questioned having the walking path utilize the old railroad bed, a considerable distance from the water; Mr. Turnblad explained the path will serve different functions in different places, bicycles and faster moving traffic would utilize the railroad bed, while there will be sidewalks strictly for pedestrian traffic, which will be closer to the river. Councilmember Milbrandt pointed out that even after Phase 111, the City would need to berm in the event of a 100-year flood. Mr. Turnblad noted that staging areas for emergency berming are built into the plan. Mr. Turnblad asked for comments, and whether the Council felt the plans met the intent of the previous discussions. Councilmember Milbrandt said he was surprised that one of the unacceptable guidelines was not to have "invisible" walls, especially at intersections, and said his memory was that option was a popular, although expensive, concept. Mr. Turnblad said he believes that unless going to a 100-year flood protection, the invisible wall-type protection is not an option, it is too expensive for a 50-year protection. Page 2 of 13 REGULAR MEETING CITY OF STILLWATER CITY COUNCIL MEETING May 6, 2008 Mayor Harycki called the meeting to order at 4:30 p.m. 4:30 P.M. Present: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Staff present: OTHER BUSINESS Library Update City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Police Chief Gannaway Public Works Director Sanders City Clerk Ward Richard Edstrom provided an update on Stillwater Public Library activities. He noted this is Chapter 2 of what is hoped to be regular updates to the Council. He briefly highlighted the information included in Chapter 2, including the status of the Library Foundation, planning for a major fund raiser to be held in conjunction with the July 4 fireworks, a volunteer recognition event, and activities on the terrace. He noted that the Library Board is negotiating with a major donor to provide tables and chairs for events on the terrace. Councilmember Milbrandt asked how many of the scheduled weddings on the terrace are planning music. Library Director Bertalmio said there are seven events where music is planned; Ms. Bertalmio said staff plans to study various locations for placement of the music source to determine what location has the least impact on the surrounding neighborhood. Comprehensive plan update: Review of the Future Land Use Map, Park and T rails Map and annexation area transportation Community Development Director Turnblad stated that before starting the next step in the Comprehensive Plan update process, which is to begin drafting in earnest the text for each of the plan chapters, it was felt it would be a good time to bring the Council up to date on what some of the major recommendations are, including transportation issues in the annexation area, future land use map and parks and trails map, as well as non-conforming uses and options. CITY COUNCIL MEETING MINUTES November 1, 2016 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:34 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Public Works Director Sanders Police Chief Gannaway Fire Chief Glaser City Clerk Ward OTHER BUSINESS Possible approval of request to purchase one dehumidifier for St. Croix Valley Recreation Center Doug Brady, Recreation Center Manager, explained the need for a dehumidifier. The project was downscaled to bring it under budget. He requested approval to purchase the dehumidifier from SVL at a cost of $56,610 and an additional $10,000 to do the installation. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to authorize the expenditure of up to $66,610 for the purchase and installation of a dehumidifier at the St. Croix Recreation Center. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None STAFF REPORTS City Clerk Ward reminded the Council and residents that absentee voting in person is taking place from today until November 7 at Washington County. Community Development Director Turnblad updated the Council on the Police Department and City Hall improvement project. Bids came in more than $250,000 over budget. The construction manager and architectural team are looking at options for postponing some items. It will be brought back before the Council in two weeks. City Administrator McCarty reminded the Council of the November 30 regional meeting of the League of Minnesota Cities and Metro Cities. He also noted that the Day Lily and Trillium Garden Clubs collaborated to plant daffodil bulbs on Highway 95. City Council Meeting November 1, 2016 Page 2 of 9 RECESS Mayor Kozlowski recessed the meeting at 4:46 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:03 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Community Development Director Turnblad Public Works Director Sanders Police Chief Gannaway Fire Chief Glaser City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of October 18, 2016 regular meeting minutes Motion by Councilmember Junker, seconded by Councilmember Polehna, to approve the October 18, 2016 regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS There were no petitions, individuals, delegations or commendations. OPEN FORUM There were no public comments. CONSENT AGENDA Resolution 2016-197, Directing the Payment of Bills Possible approval to purchase laptop for IT Department Resolution 2016-198, approving issuance of new On-sale and Sunday Liquor Licenses to The Velveteen LLC, DBA The Velveteen Resolution 2016-199, appointing emergency election judges and fixing compensation Motion by Councilmember Weidner, seconded by Councilmember Junker, to adopt the Consent Agenda. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None City Council Meeting November 1, 2016 Page 3 of 9 PUBLIC HEARINGS Case No. 2016-38. A public hearing to consider a request by Brian Farrell of the Northland Real Estate Group, for the Consideration of a Zoning Text Amendment (ZAT) to the Planned Unit Development (PUD) regulations pertaining to PUDs for Senior Housing for the property located at 12525 75th Street North and multiple properties located within LR district. Community Development Director Turnblad reviewed the request that the new subsection, under the existing Qualifications and Requirements section, is proposed to read: PUDs for Senior Housing i.) May be approved if the purpose and intent of the PUD is met; ii.) May be approved if the project area is at least 20 acres in size; iii.) Must include perman ent open space that is either deeded to the City or preserved by a conservation easement in favor of the City; iv.) Shall be designed as a senior housing campus with a variety of housing options. Accessory service/retail uses may also be permitted; v.) May allow density above that allowed by the underlying land use classification and zoning district; vi.) May allow building heights/stories that exceed the limits imposed by the zoning district; vii.) May allow other development flexibility as needed to meet the purpose and intent of this section. Mr. Turnblad reviewed the Planning Commission’s recommendation on the proposed ZAT. On a 5-3 split vote, the Planning Commission recommends approval, with modifications. Staff has found that with modifications to the proposed ZAT, the public necessity, and the general community welfare are furthered and that the proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan. Councilmember Weidner asked if the developers could still build senior housing on the property under current zoning code. He feels that the ordinance that the developers want to change would benefit exactly what they are proposing. Mr. Turnblad replied that a senior housing project could be done by Special Use Permit without amending the zoning ordinance. Councilmember Junker asked if the Planning Commission’s recommendation for approval of the modified zoning text amendment implies any assurances to the developer. Mr. Turnblad replied that it outlines points to negotiate but does not guarantee any approvals, because it says certain items “may” be allowed. The current project would need a height variance under the current ordinance. Mayor Kozlowski asked about the purpose of the comprehensive plan, and reasoned that if height and density limits and setback restrictions are intended to maintain the character of the neighborhoods, granting flexibility to those restrictions throughout the whole City, solely for the purpose of senior living facilities seems to go against the purpose of the regulations. He asked why a text amendment would need to be made to allow flexibility. Mr. Turnblad responded that the PUD tool allows a developer to look at a bigger piece of property and maybe cluster buildings together to create more open space or do other things a standard development would not allow. The City Council has a lot of discretion in approving or denying a PUD. Senior living, with its higher density, is allowed by SUP but there’s currently no height flexibility. So if the zoning text amendment is denied, in order for the developer to build the project as proposed, they would have to request a height variance. City Council Meeting November 1, 2016 Page 4 of 9 Councilmember Junker asked what tool is used in in the CBD to allow extra height. Mr. Turnblad replied that downtown, there is also a height overlay district that limits height regardless of whether it’s a PUD or a standard development. Councilmember Weidner asked if there are differing height restrictions in residential areas. Mr. Turnblad replied in residential zones, permitted height varies between 25 - 35 feet. The number of stories and half stories is also taken into consideration. He continued by stating that if the zoning text amendment is denied tonight, the developer would have to apply for a height variance. Councilmember Polehna stated he wished to correct the perception that the Planning Commission would make the final decision. Mr. Turnblad confirmed that the final decision will made at the Council level for this amendment. Councilmember Menikheim cautioned against losing sight of the purpose of the project. He feels the technical aspects of the discussion are taking attention away from the need for senior housing in Stillwater. Mayor Kozlowski questioned why action could not be taken specific to this piece of property versus applying it across the entire City. Mr. Turnblad responded that making a regulation specific to a piece of property, rather than a class of properties, is called contract zoning or spot zoning which is undesirable. Mayor Kozlowski opened the public hearing . Gary Jacobsen, 198 Northland Avenue, stated he is bothered by hearing many of the neighbors say they have no problem with senior living complexes being built but don’t want them built in their backyard. The landowner has planted well over 10,000 native trees and shrubs and the property looks fantastic. He supports the zoning text amendment and feels developers should be able to put a three story building there. Brian Farrell, Northland Real Estate Group, stated the goal is to create an activity-oriented continuum of care community. Rutherford School’s principal is excited about the intergenerational possibilities between the senior community and the school. There is significant documented demand for senior housing in Stillwater. The ZAT is the right tool to allow them to preserve two-thirds of the open space by massing the structures. They have been hearing from a lot of people who are excited about this project coming. Kendra Lindahl, Landform, told the Council the zoning text amendment request is the right approach. She stated changes have been made since March when the Council approved the concept plan, but told developers to re-examine density, height and other issues. Senior facilities need limited corridor lengths which means more stories. Developers discussed with staff that the existing PUD ordinance wasn’t as clear as it could be. The flexibility doesn’t grant any approvals, it lets senior housing projects ask for buildings higher than what their base zoning might allow. Developers are doing a PUD because they want to push the development away from the lake. She added that she was puzzled by the suggestion that this is sneaky somehow. The Council still controls the process. Developers still have to come back with a plan that works. City Council Meeting November 1, 2016 Page 5 of 9 Elden Lamprecht, owner of property at 12630 - 72nd Street North (“Hardly Able Acres”) spoke in support of the zoning text amendment. Don McKenzie, 12620 - 72nd Street North, speaking also on behalf of Rosemary McKenzie, voiced support for the amendment, but stated he has concerns about the 20 acre minimum size which could be restrictive. Michelle Whitehead, 3183 Summer Fields Green, stated she is opposed to the ZAT and upset that developers are asking the City to change its laws to provide flexibility. She objects to whatever is developed on the property having a higher height and density than what is allowed under current zoning laws. Carrie Koelzer, 3180 Summer Fields Green, urged the Council to deny the zoning change. She is not opposed to senior housing but opposes changing the rules so that a bigger development can be built. Approving the amendment would be sending a very clear message that citizens can’t count on the Council to protect them and their properties. Lenard Huebscher, 2647 Hawthorne Lane, stated he supports the text amendment. The development appears to be well planned and will give seniors needed housing options. Del Miske, 14155 - 10th St. North, West Lakeland, a member of Grace Baptist Church, stated he was not speaking on behalf of the church but is on the church board. He has updated the membership on how things are going with the project. To this point nobody has any complaints about it. The church sees it as a great fit for the neighborhood. He is personally in favor of the text amendment. Stephen Huebscher, 703 West Wilkins Street, formerly of 12525 75th Street North, stated there are reasons why senior facilities today are all being built 3, 4, or 5 stories. Seniors need to be closer to where they’re going and the scale of economy limits what insurance, Medicare or Medicaid will pay. Having a higher height allows more open land to be preserved. He urged the Council to support the project and amendment. Dionne Meisterling, 12550 - 72nd Street North, stated the zoning text amendment has the same legal effect as spot zoning which the Council has sought to avoid. The McKenzies’ property should not be allowed to have senior housing because three sides of the parcel are fully in Lakeshore Residential district. Approving the text amendment will open the door to any senior housing project and the possibility of having 5+ stories. The ZAT would contribute to worsening water quality problems. She pointed out that the president of Brown’s Creek Watershed District knows nothing about the project and wrote a letter expressing his concern. Real estate agents have told her that this development could hurt her property value, if the density is high enough that commercial utilities produce constant white noise or lighting. These concerns are the exact reason cities use buffers and transitional zoning. She feels that at this point the current zoning is the only thing protecting her and her family’s biggest asset. She added that her father-in-law started St. Croix Orthopedics and her family has written a few pages in the history of Stillwater and felt that the project would cause substantial devaluation of her property. She added that she is not against senior housing. City Council Meeting November 1, 2016 Page 6 of 9 Stephanie Meisterling agreed with her mother’s comments. She stated her mother is always busy on the phone talking to lawyers and neighbors and anyone who can help them preserve Stillwater the way it is. This has been detrimental to her family and she would like her mother back. Anne Siess, 170 Interlachen Way Court, a Planning Commissioner for the last six years, stated this is the second time she has come before the Council on a case she has voted on. A ZAT is rare - there needs to be more attention and guidance for the Council and Commission to evaluate these changes. Her concern with this text amendment is that it is too flexible. She feels the City should keep the existing ordinance. Deirdre Kramer, 7100 Mid Oaks Avenue North, stated she is against the zoning text amendment. She feels the City can meet the Met Council goals for senior housing without compromising the neighborhood or the zoning rules that are already in place. Phil Manger, 12525 - 72nd Street North, stated he is opposed to the zoning text amendment but is in no way opposed to senior or life cycle housing. He does not think it’s appropriate to manipulate or to break laws to make it happen. Because this is the only useable parcel for a project of this magnitude, he believes any zoning amendment would only apply to this parcel despite it being a City-wide ordinance, which is the textbook example of spot zoning. The current Croix Bay plan projects a hyper-dense commercial project onto Long Lake in a facility that warehouses seniors. He added that eight years ago, Mr. McKenzie stood in front of the Council with a letter of opposition because he did not want large lights and a large facility staring down at him. Most of the open space the developer is offering is water and wetland so they are not really giving much of anything. Louise Jones, 7079 Mid Oaks Avenue North, remarked that she doesn’t believe the zoning text amendment is good public policy. She is not against senior housing but feels that with the ZAT, the developers are asking the Council to remove the very language which was the basis for rejection last spring. She feels the Council will not have a valid reason to reject a proposal after approving this. The ZAT gives no guidance about what the City desires in a well-planned senior housing development. She feels the language proposed will give all developers of senior housing very close to carte blanche to build just about anything as long as there is some permanent open space. David Jones, 7079 Mid Oaks Avenue North, requested that the Council vote no and instead use variances to control issues like this. He is not opposed to senior housing but it needs to be controlled and meet the regulations. Objections he hears most of the time are the height of the building, water quality, population density, traffic, light pollution and impact on property values. If the developers really had to have the building this tall if they could put it along Highway 12 where there would not be so much opposition. David Haslam, 3463 Tall Pine Trail in Liberty, spoke of the negative impact of the proposed development on the surrounding neighborhood including traffic on Rutherford Road. He opposes the development and feels it would make Stillwater more generic like another Woodbury. Fritz Knaak, attorney, stated he represents a number of people living on Long Lake who oppose the development but do not oppose senior housing. He asked that his letter be part City Council Meeting November 1, 2016 Page 7 of 9 of the record. He believes the language being proposed is in fact contract zoning or spot zoning and is inappropriate. Regarding height, he stated there is an additional height restriction in the shoreland overlay district of 25, not 35 feet so this would be a fairly significant deviation and that has not been addressed. Larry Timmerman, 7010 Mid Oaks Avenue North, stated he feels the process seems more to be directed by the developer than the City determining what it really wants out of this. He also asked it be on record that 72nd Street is very dangerous. Mayor Kozlowski closed public hearing. Mayor Kozlowski asked about shoreland overlay regulations in regard to this project. Community Development Director Turnblad replied that everything within 1,000 feet of the ordinary high water level of Long Lake would be in the shoreland overlay district. Mayor Kozlowski asked about impacts of the proposed zoning text amendment on height flexibility in other zones in the City. Mr. Turnblad replied that every time a SUP is applied for, the whole exercise is about determining how it impacts the surrounding neighborhood. There are many factors that go into determining an appropriate height. In addition there are requirements for stormwater, parking, setbacks, and so on. Councilmember Junker remarked he definitely is not against senior housing. He applauded the Planning Commission for all the time put into consideration of the zoning text amendment. He wished it had been directed by the City versus a developer. He would rather see these developers apply for a SUP or a variance. Councilmember Weidner stated he believes senior housing is a good fit for the property and he realizes the developer is trying to provide a quality product, however it hasn’t been proven to him that the project can’t be done without a zoning text amendment. Councilmember Polehna stated residents of his Ward are both pro and con. He feels with modifications, developers can build something that the neighborhood can embrace. He cannot support the text amendment as written. He also feels 72nd Street will need improvements before more traffic is added. He added that watershed district review is done later, in the design phase of a project. Councilmember Menikheim recognized that no one has spoken against senior housing but they don’t want it in their backyard. He feels this development is an opportunity to meet the City’s obligation to provide senior housing. He feels the developer has been unjustly attacked. Someone needs to speak up for the old people. He is not opposed to the ZAT nor opposed to considering variances if necessary. Mayor Kozlowski thanked all the speakers for keeping it civil. He reiterated that the Council is still far away from actually approving the project which has had more public input than almost any development he has seen. He feels the zoning text amendment is not necessary to do the development. Motion by Councilmember Polehna, seconded by Councilmember Weidner, to deny first reading of an Ordinance amending the Stillwater City Code Section 31-210, Planned Unit Development Permit. City Council Meeting November 1, 2016 Page 8 of 9 Ayes: Mayor Kozlowski, Councilmembers Junker, Weidner and Polehna Nays: Councilmember Menikheim UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Possible approval of resolution ordering preparation of feasibility report for 2017 Street Improvements. Public Works Director Sanders reviewed streets proposed for improvements in 2017, totaling approximately 4.5 miles. Staff recommends that the Council pass a resolution authorizing preparation of a Feasibility Study for the 2017 Street Improvement Project. Councilmember Menikheim suggested revisiting the assessment policy. Mayor Kozlowski stated he would like to see some modeling to see what 50/50 vs. 60/40 assessments look like for this project. Councilmember Weidner pointed out that the Council changed the assessment policy to meet a long term goal two years ago. He understands that people are upset because it costs a lot of money to get the streets redone. But it also costs a lot of money to put new streets in, and all of the new homes that are built pay for those streets, which increases the cost of their lots substantially. They already paid on the front end, so a general levy to spread the pain so to speak, would include a lot of people who have just paid for their street. He would like to look at what is sustainable into the future but does not want to change the entire process because some people can’t afford an assessment. Councilmember Polehna remarked that the Council already has essentially raised taxes because it is bonding more money to pay for these improvements. Councilmember Junker stated that a change in assessment policy could have the reverse effect, people saying they’ve been paying for 10-20 years, where’s their new road. Mayor Kozlowski stated he is not asking staff to bring back proposed changes, only enough information to look at different rates and the impact on the community. He is not suggesting policy recommendations, just some discussion. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Resolution 2016-200, resolution ordering preparation of feasibility report for 2017 Street Improvement Project (Project 2017-02). Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None COMMUNICATIONS/REQUESTS There were no communications/requests. City Council Meeting November 1, 2016 Page 9 of 9 COUNCIL REQUEST ITEMS Mayor Kozlowski acknowledged Councilmember Junker’s birthday. City Administrator McCarty noted that Vail Resorts (Afton Alps parent company) provided a donation of $35,000 to Valley Outreach. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adjourn the meeting at 9:37 p.m. All in favor. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2016-197, directing the payment of bills Resolution 2016-198, approving issuance of a new On-sale and Sunday Liquor Licenses to The Velveteen LLC, DBA The Velveteen Resolution 2016-199, appointing emergency election judges and fixing compensation Resolution 2016-200, resolution ordering preparation of feasibility report for 2017 Street Improvement Project (Project 2017-02) S On behalf of a grateful city and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Jim Martin For being the first Ramsey County Veteran Court Mentor and his successful efforts helping 2 of our Veterans navigate the requirements of the court and learn something about life along the way, as part of the Stillwater Beyond The Yellow Ribbon Initiative and for outstanding service in support of the City of Stillwater’s mission. _____________________________________ Ted Kozlowski, Mayor Date of Recognition: November 15, 2016 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION WATER BOARD STILLWATER WATER SUPPLY PLAN 2016 CITY COUNCIL MEETING November 15, 2016 GOALS •Coordinate City of Stillwater Planning with upcoming Water Board Water Supply Plan due December 31, 2016 •Keep City Staff and City Council informed on Water Department Water Supply Planning efforts •Maintain current level of cooperation CURRENT CITY OF STILLWATER PLANNING INITIATIVES •Water Supply Plan due –Due December 31, 2016 •Downtown Comprehensive Plan –Due December 31, 2017 •City of Stillwater Comprehensive Plan –Due December 31, 2018 WATER SUPPLY PLANNING CONSIDERATIONS Some of the stated goals for the current plan are: •Lower residential demand to 82 gallons per day (GPD/Capita) •Historic demand since 1984 has ranged from 72 to 100 GPD Existing programs for meeting these goals include: •Water efficient plumbing fixtures and tree ratios required for new development •Odd/Even regulations on summer irrigation for home owners, businesses, and parks •Critical/Emergency Water Deficiency Ordinance during declared emergencies Historic and Projected Water Demand Year Pop. Served Total Water Delivered (MG) Total per capita Demand (GPCD) Percent Unmetered/ Unaccounted 2005 17,215 666.0 115 8.0% 2006 17,215 786.7 128 1.9% 2007 17,215 779.1 135 7.9% 2008 17,215 695.8 125 11.6% 2009 17,215 730.2 126 8.1% 2010 17,929 630.6 105 7.8% 2011 17,929 613.4 104 9.9% 2012 18,464 766.5 124 8.2% 2013 18,464 729.9 110 1.1% 2014 18,638 671.7 100 1.1% 2015 18,970 695.1 101 0.4% Year Projected Total Population Projected Water Delivered (MG) Projected Total Per Capita Water Demand (GPCD) 2016 19,032 749.6 108 2017 19,094 755.2 108 2018 19,156 760.8 109 2019 19,218 766.5 109 2020 19,280 772.1 110 2021 19,342 777.8 110 2022 19,404 783.5 111 2023 19,466 789.2 111 2024 19,528 795.0 112 2025 19,590 800.7 112 2030 19,900 813.4 112 2040 22,800 931.9 112 Plus 5% unaccounted water 978.5 0 20 40 60 80 100 120 1990 1995 2000 2005 2010 2015 2020 2025 2030 Pe r C a p i t a D e m a n d ( G P C D ) Year Annual Per Capita Water Demand by Customer Category Residential Per Capita Demand C/I/I Per Capita Demand Future Residential Per Capita Demand Future C/I/I Per Capita Demand 68 69 70 71 72 73 74 75 76 77 78 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Le v e l , f t Well No. 5 Static Level 7 8 9 10 11 12 13 14 2009 2010 2011 2012 2013 2014 2015 2016 2017 Le v e l , f t Observation Well (ID 686298) Static Level Maximum Minimum CONCERNS •As we encourage our customers to use less water, our rates will have to increase proportionally –given our fixed costs •A well planned communication program will be required to show benefits of water conservation on protection the ground water resources region wide WATER BOARD INITIATIVES •Making our GIS Water Layer available to all City Departments now that it has been cleaned up –All past main breaks have been identified •Continuing to focus on preventing future water main breaks and system problems •Adapting a more formal priority system for asset replacement similar to the Public Works Pavement Management Program –Based on age, pipe materials, and main break history THANKS •Thanks to Tom McCarty, Bill Turnblad, Abi Jo Whitman, Shawn Sanders, and Tim Moore for reviewing our plan documentation and helping us with plan input •Questions? STAFF REQUEST ITEM I Department: MIS I Date: 11/9/2016 DESCRIPTION OF REQUEST (Briefly outline what the request is) Money was budgeted in 2016 to upgrade the Audio Visual (AV) equipment in the Council Chamber/Conference Rm 213. However, we are not ready to make those changes this year. Money has also been budgeted in 2017 to add AV equipment to the Riverview Conference Room. We would like to re-allocate some of the money allocated in 2016 to add AV equipment to the Riverview Room and use the money allocated in 2017 for the Council Chambers/Conference Room 213. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Total cost of the project will not exceed $7000.00. Total money budgeted in 2016 was $20,000. The rest will be rolled over and used in 2017. ADDITIONAL INFORMATION ATTACHED Yes No X -- ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. RESOLUTION NO. 2016-202 RESOLUTION ACCEPTING METROPOLITAN COUNCIL GRANT FOR PARTIAL FUNDING OF 2040 COMPREHENSIVE PLAN UPDATE WHEREAS, the City of Stillwater, Minnesota must review and update its comprehensive plan as required by the “decennial” review provision of Minnesota Statutes section 473.864 , subdivision 2; and WHEREAS, on April 27, 2016, the Metropolitan Council adopted need-based eligibility criteria for awarding available local planning assistance grant funds and established maximum grant amounts for eligible grantees to help grantees review and update their comprehensive plans as required by the “decennial” review provisions of Minnesota Statutes section 473.864, subdivision 2; and WHEREAS, the Metropolitan Council has awarded the City of Stillwater a $32,000 grant for this purpose. NOW THEREFORE BE IT RESOLVED that, after appropriate examination and due consideration, the City Council of the City of Stillwater, Minnesota hereby accepts the $32,000 grant and authorizes its Mayor, City Administrator and Community Development Director to execute the Metropolitan Council Local Planning Assistance Grant Agreement dated November 15, 2016. Adopted this 15th day of November, 2016. _____________________________ Ted Kozlowski, Mayor ATTEST: __________________________ Diane F. Ward, City Clerk - 1 - Grantee: City of Stillwater Grant No.: SG05764-01 Grant Amount: $ 32,000 End Date: December 31, 2019 Council’s Authorized Agent: LisaBeth Barajas METROPOLITAN COUNCIL LOCAL PLANNING ASSISTANCE PROGRAM GRANT AGREEMENT THIS GRANT AGREEMENT is made and entered into by the Metropolitan Council (“Council”) and the metropolitan-area governmental unit identified above as the “Grantee.” WHEREAS, Minnesota Statutes section 473.867 authorizes the Council to establish a planning assis- tance fund for the purpose of making grants and loans to local governmental units to help local gov- ernmental units in the seven-county metropolitan area conduct and implement comprehensive plan- ning activities, including the “decennial” review of local comprehensive plans and fiscal devices and official controls as required by section 473.864, subdivision 2; and WHEREAS, on May 25, 2015, and on April 27, 2016, the Council adopted initial and additional need- based eligibility criteria for awarding available local planning program assistance and established po- tential grant amounts for eligible grantees to help grantees review and update their comprehensive plans as required by the “decennial” review provisions of Minnesota Statutes section 473.864, subdi- vision 2; and WHEREAS, on December 10, 2014, the Council authorized an initial transfer of funds to the plan- ning assistance fund, and on December 9, 2015, the Council authorized an additional transfer of funds to the total planning assistance fund for grants or loans to local governments under Minnesota Statutes section 473.867; WHEREAS, the Grantee is an eligible city, county, or town in the metropolitan area as defined in Minnesota Statutes section 473.121, or is an eligible metropolitan-area city or town acting in partnership with at least 4 other cities or towns and is authorized to submit a joint application and execute this Agreement on behalf of the partnership or consortium; and WHEREAS, the Grantee submitted an application for local planning assistance grant funds and was awarded a grant to help fund eligible comprehensive planning activities identified in the application. NOW THEREFORE, in reliance on the representations and statements above and in consideration of the mutual promises and covenants contained in this Agreement, the Grantee and the Council agree as follows: I. DEFINITIONS 1.01 Definition of Terms. For the purposes of this Agreement, the terms defined in this paragraph have the meanings given them in this paragraph unless otherwise provided or indicated by the context. - 2 - (a) “Comprehensive Development Guide” means the comprehensive development guide for the seven-county metropolitan area adopted by the Council pursuant to Minnesota Statutes section 473.145. The Comprehensive Development guide includes: Thrive MSP 2040 and the Housing Policy Plan (as amended) adopted by the Council pursuant to Minnesota Statutes section 473.145; the Master Water Supply Plan adopted by the Council pursuant to Minnesota Statutes section 473.1565; and the “metropolitan systems plans” adopted by the Council pursuant to Minnesota Statutes sections 473.146 and 473.147. (b) “Comprehensive plan” means a local comprehensive plan update required under Minnesota Stat- utes section 473.864, subdivision 2 that complies with Minnesota Statutes sections 473.858 through 473.865 and other applicable laws, including those provisions in section 473.859 requir- ing housing elements and housing implementation programs. (c) “Metropolitan Land Planning Act” means the land use planning provisions of Minnesota Statutes Chapter 473, including Minnesota Statutes section 473.175 and sections 473.851 through 473.871. (d) “Metropolitan system plans” means the transportation portion of the Comprehensive Development Guide, and the policy plans, and capital budgets for metropolitan wastewater service, transportation, and regional recreation open space. II. GRANT FUNDS 2.01 Grant Amount and Conditions. The Council will provide to the Grantee the “Grant Amount” identified at Page 1 of this Agreement which the Grantee shall use for authorized purposes and eligible activities. The grant funds are made available to the Grantee subject to the following terms and con- ditions: (a) Timely Plan Update Submission. Notwithstanding the December 31, 2019 “End Date” identified on Page 1 of this Agreement, the Grantee must review and update its comprehensive plan as re- quired by Minnesota Statutes section 473.864, subdivision 2, by December 31, 2018. (b) Consultation with Council and Adjacent Review. The Grantee must submit its draft plan update to adjacent governmental units for a 6-month adjacent review period as required by Minnesota Statutes section 473.858, subdivision 2 prior to submitting the plan update to the Council for review. Prior to submitting its draft plan to adjacent units, the Grantee must consult with the Met- ropolitan Council Sector Representative for its district at least twice to update the Council on plan progress and potential policy conflicts. (c) Consultation with Watershed Management Organizations. The Grantee must ensure local surface water management planning requirements of Minnesota Statutes sections 473.859, subdivision 2 and 103B.235 are met by the December 31, 2018, deadline. (d) Completeness; Plan Content. The comprehensive plan submitted by the Grantee must be “com- plete” as described in the Council’s Local Planning Handbook, which is available online at metro- council.org/handbook.aspx, and must comply with the plan content requirements of Minnesota Stat- utes section 473.859 and other applicable law. If the plan is not complete as described in the Local Planning Handbook, the plan must be made complete within three (3) months of the incompleteness determination, or as otherwise mutually agreed to by the Council and the Grantee. (e) Conformance to Metropolitan System Plans and Policy Plans. The comprehensive plan submitted by the Grantee must conform to metropolitan system plans of the Council. The comprehensive - 3 - plan is deemed to comply with this condition if the Council concludes after its review that the plan is not likely to have a substantial impact on or contain a substantial departure from metro- politan system plans and allows the plan to go into effect without a plan modification. (f) Consistency and Compatibility. The comprehensive plan update submitted by the Grantee must be consistent with the adopted policies of the Council, including housing policy. In addition, the comprehensive plan must also be compatible with the plans of adjacent and affected jurisdictions. 2.02 Disbursement Schedule. The Council will disburse fifty percent (50%) of the Grant Amount to the Grantee within thirty (30) days after final execution of this Agreement. The Council will dis- burse the remaining fifty percent (50%) of the Grant Amount after: (a) the Grantee has submitted, as appropriate, either (i) the entire current comprehensive plan and the certification required under Minnesota Statutes section 473.864, subdivision 2(a); or (ii)submitted the entire updated comprehensive plan and amendment or amendments to its comprehensive plan necessitated by its review to the Council for review; and (b) the Council has reviewed and acted upon the Grantee’s submission; and (c) the Grantee has complied with the terms and conditions stated in Paragraph 2.01. 2.03 Authorized Use of Funds. The grant funds provided to the Grantee under this Agreement shall be used only for the purposes and eligible activities described in the Grantee’s work plan and budget as approved by the Council. A copy of the Grantee’s approved work plan and budget is attached to and incorporated into this Agreement as Attachment A. Eligible activities include, but are not limited to, staff pay, consultant and professional services, printing, and publishing. Grant funds may not be used for per diem payments to appointed or elected board or commission members. Grant funds also may not be used to purchase or acquire equipment or other tangible, nonexpendable personal property, or for activities inconsistent with the Council’s Comprehensive Development Guide, the Metropolitan Land Planning Act, Minnesota’s Critical Areas Act, or other applicable state laws. The Grantee agrees to promptly remit to the Council any unspent grant funds and any grant funds that are not used for the authorized purposes specified in this paragraph. III. REPORTING, ACCOUNTING, AND AUDIT REQUIREMENTS 3.01 Progress Reports. The Grantee will provide to the Grantee’s assigned Sector Representative a written midpoint progress report and a written final progress report describing the status of the work plan activities described in Attachment A. These reports ensure the grant funds are appropriately expended as described in the work plan and budget. The reports shall be subject to the following content and schedule requirements. (a) Midpoint Progress Report. At approximately the midpoint of the Grantee’s work plan activities, the Grantee must submit to the Council a written midpoint progress report which includes: a sum- mary of the work plan activities completed; a summary of work plan activities to be accomplished during the remaining months of the work plan with associated anticipated completion dates; and a summary of unanticipated issues and opportunities that affect the work plan, time schedule for project completion, or budget. The midpoint progress report also must include a summary of pro- ject costs and sources of funds for those expenditures, and a list of itemized expenditures of funds received from the Council and matching funds by category in the budget. (b) Final Progress Report. Upon completion of the work plan activities described in Attachment A, the Grantee must submit to the Council a written final progress report which includes: a summary - 4 - of the work plan activities completed since the submission of the midpoint progress report; a summary of project outcomes, total project costs and sources of funds for those expenditures in- cluding both this grant, city funds, and other sources of funds; and a list of itemized expenditures of the grant funds. 3.02 Accounting and Records. The Grantee agrees to establish and maintain accurate and complete accounts, financial records, and supporting documents relating to the receipt and expenditure of the grant funds. Notwithstanding the expiration and termination provisions of Paragraphs 4.01 and 4.02, such accounts and records shall be kept and maintained by the Grantee for a period of six (6) years following the completion of the work plan activities described in Attachment A. If any litigation, claim or audit is started before the expiration of the three-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved or until the end of the regular six-year period, whichever is later. 3.03 Audits. The books, records, documents, and accounting procedures and practices of the Grantee that are relevant to this Agreement are subject to examination by the Council and either the Legislative Auditor or the State Auditor, as appropriate, for a minimum of six (6) years following the completion of the work plan activities described in Attachment A. 3.04 Authorized Agent. The Council’s authorized agent for purposes of administering this Agree- ment is the individual identified on page 1 of this Agreement, or another designated Council em- ployee. Written reports submitted to the Council should be directed to the attention of the authorized agent at the following address: Metropolitan Council Community Development Division 390 Robert Street North Saint Paul, Minnesota 55101-1805 IV. GRANT AGREEMENT TERM 4.01 Term and End Date. This Agreement is effective upon execution of the Agreement by the Council. Unless terminated pursuant to Paragraph 4.02 or extended by written agreement pursuant to Paragraph 4.03, this Agreement will expire on the “End Date” identified at Page 1 of this Agreement. The term of this Agreement may be extended by written agreement of the Council, but only in conjunc- tion with an extension authorized under Minnesota Statutes section 473.864, subdivision 2. 4.02 Termination. This Agreement may be terminated by the Council for cause at any time upon fourteen (14) calendar days’ written notice to the Grantee. Cause shall mean a material breach of this Agreement and any amendments of this Agreement. Termination of this Agreement does not alter the Council’s authority to recover funds on the basis of a later audit or other review, and does not alter the Grantee’s obligation to return any funds due to the Council as a result of later audits or corrections. If the Council determines the Grantee has failed to comply with the terms and conditions of this Agreement, the Council may take any action to protect its interests and may require the Grantee to return all or part of the funds. 4.03 Amendment. The Council and the Grantee may amend this Agreement by written mutual con- sent. Amendments, changes, or modifications to the Grantee’s approved work plan and budget shall be effective only on the execution of written amendments signed by authorized representatives of the Council and the Grantee. - 5 - V. GENERAL PROVISIONS 5.01 Conflict of Interest. The members, officers, and employees of the Grantee shall comply with all applicable federal and state statutory and regulatory conflict of interest laws and provisions. 5.02 Liability. To the fullest extent permitted by law, the Grantee shall defend, indemnify and hold harmless the Council and its members, employees and agents from and against all claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from the conduct or implementation of the funded work plan activities. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which otherwise would exist between the Council and the Grantee. The provisions of this paragraph shall survive the expiration or termination of this Agreement. This indemnification shall not be construed as a waiver on the part of either the Grantee or the Council of any immunities or limits on liability provided by Minnesota Statutes Chapter 466, or other applicable state or federal law. 5.03 Compliance with Law. The Grantee agrees to conduct the work plan activities in compliance with all applicable provisions of federal, state, and local laws. 5.04 Acknowledgment. The Grantee shall appropriately acknowledge the funding assistance pro- vided by the Council in promotional materials, reports, publications, and notices relating to the project activities funded under this Agreement. 5.05 Warranty of Legal Capacity. The individual signing this Agreement on behalf of the Grantee represents and warrants that the individual is duly authorized to execute this Agreement and that this Agreement constitutes the Grantee’s valid, binding, and enforceable agreements. IN WITNESS WHEREOF, the Grantee and the Council have caused this Agreement to be executed by their duly authorized representatives. This Agreement is effective on the date of final execution by the Council. METROPOLITAN COUNCIL GRANTEE By: By: Beth Reetz, Director Community Development Division Ted Kozlowski, Mayor City of Stillwater Date: Date: By: J. Thomas McCarty, City Administrator Date: By: Bill Turnblad, Community Development Director Date: - 6 - ATTACHMENT A Grantee’s Work Plan and Budget This Attachment A comprises this page and the Grantee’s work plan and budget as approved by the Council. N:\CommDev\LPA\Planning Assistance Fund\Planning Grants\2018 Grants\Administration\Grant Agreements\Stillwater\Stillwater_2016_GrantAgreement.docx 10/26/16 - 7 - City of Stillwater 2040 Comprehensive Plan Update Proposed Work Plan Date: August 26, 2016 Estimated Timetable Task Lead (Staff / Consultant) Estimated Cost (Grant Funded) Estimated Cost (Match Funded) TOTAL - COMPREHENSIVE PLAN UPDATE 25 Months $32,000 $129,000 1: Project Administration Bill Turnblad $0 $10,000 1.1 Consultant Selection Months 1-3 1.2 Organization and Staffing of Steering Committee Months 4-15 1.3 Project administration Months 1-25 2: Community Character; Inventory and Analysis $0 $15,000 2.1 Initiation meeting Month 4 Consultant 2.2 Data collection and analysis Months 4-6 Staff/consultant 2.3 Identification of THRIVE Community Designation(s) and Related Policy Months 4-6 Staff 2.4 Assessment of regional and national demographic, economic, and envi- ronmental trends, issues, and opportunities Months 4-6 Staff/Consultant 2.5 Base mapping Months 4-6 Staff/consultant 2.6 Community Background report Month 6 Consultant 3: Visioning and Goals $0 $23,500 3.1 Public Participation/Visioning Sessions Months 7-9 Consultant 3.2 Prepare Vision and Goal Statements Months 7-9 Consultant 3.3 Community Forum Month 9 Consultant 3.4 Joint Planning Commission/Council Review Month 9 Staff 4: Plan Development Consultant $32,000 $32,000 4.1 Land Use Months 10-13 $5,000 4.2 Transportation Months 10-13 $3,000 4.3 Natural Resources Months 10-13 $4,000 4.4a Water Resources - surface water Months 10-13 $5,000 4.4b Water Resources - municipal water plan Months 10-13 $12,000 4.5 Parks & Trails Months 10-13 $2,000 - 8 - City of Stillwater 2040 Comprehensive Plan Update Proposed Work Plan Date: August 26, 2016 Estimated Timetable Task Lead (Staff / Consultant) Estimated Cost (Grant Funded) Estimated Cost (Match Funded) 4.6 Housing Months 10-13 $4,000 4.7 Historic Resources Months 10-13 $20,000 4.8 Economic Development/Competitiveness Months 10-13 $5,000 4.9 Community Resources Months 10-13 $1,000 4.10 Implementation Plan Month 13 $3,000 5: Draft of 2040 Comp Plan $0 $40,000 5.1 Prepare draft Month 14 Consultant 5.2 Steering Committee review Month 15 Staff 5.3 Joint Planning Commission/City Council review workshop Month 15 Staff 5.4 Prepare final draft Months 16 Consultant 6: Jurisdictional and Met Council review Abbi Wittman $0 $0 6.1 Submit plan to jurisdictions Months 17-22 6.2 Submit plan to Metropolitan Council Month 23-24 7: Final plan preparation $0 $8,500 7.1 Write final plan Month 24-25 Consultant 7.2 Final plan approval by Planning Commission and City Council Month 25 Staff RESOLUTION 2016-203 APPROVING RENEWALS OF ON-SALE, OFF-SALE, CLUB, WINE, WINE WITH STRONG BEER, SUNDAY ON-SALE, ON-SALE 3.2%, OFF-SALE 3.2%, MICRO BREWER OFF-SALE, MICRO BREWER TAP ROOM, MICRO BREWER TAP ROOM SUNDAY LIQUOR LICENSES AND TOBACCO LICENSES FOR 2017 WHEREAS, application for renewals have been requested by the businesses listed below; and WHEREAS, approval is contingent upon receipt of all required documentation, completion of background investigations, and the fulfillment of all requirements for eligibility to hold a liquor and/or tobacco license according to the City of Stillwater, State of Minnesota Alcohol & Gambling Enforcement Division, or Washington County Department of Health. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the renewals of the businesses listed below for On-Sale, Off-Sale, Club, Wine, Wine with Strong Beer, Sunday On-Sale, On-Sale 3.2%, Off-Sale 3.2%, Micro Brewer Off- Sale, Micro Brewer Tap Room, Micro Brewer Tap Room Sunday, Combination Liquor Licenses, and Tobacco Licenses for 2017, as contingent above: Organization Name/Corporate DBA LICENSE TYPE Acapulco of Stillwater Inc. Acapulco Mexican Restaurant Onsale, Sunday Stillwater American Legion #48 American Legion Club, Sunday, Tobacco Brine’s Bar & Restaurant, LLC Brine’s Bar & Restaurant Onsale, Sunday, 2am Chilkoot Café & Cyclery, LLC Chilkoot Café & Cyclery Wine w/Strong Beer City Sliquors Inc City Sliquors Offsale, Tobacco Cooks of Crocus Hill LLC Cooks of Crocus Hill Wine w/Strong Beer SuperValu, Inc. Cub Wine & Spirits Offsale SuperValu, Inc. Cub Foods 3.2 Offsale, Tobacco Dock Café Corp. Dock Café Onsale, Sunday Domacin LLC Domacin Wine Bar Onsale, Sunday, Offsale Elephant Walk Inc. Elephant Walk B & B Wine D & D of Minnesota Famous Dave’s Onsale, Sunday Durant Schmitt LLC First National Green Room Onsale, Sunday Freight House LLC Freight House Onsale, Sunday, 2am EKS Inc. Harbor Bar Onsale, Sunday, Tobacco, 2am Haskell’s, Inc. Haskell’s Offsale, Tobacco Holiday Station Stores, Inc. Holiday Station Stores, Inc. Tobacco Kwik Trip, Inc. Kwik Trip #415 Tobacco Lens Family Foods Lens Family Foods Tobacco Liberty Village Wine & Spirits, Inc. Liberty Wine & Spirits Offsale, Tobacco Lift Bridge Brewing Technologies, LLC Lift Bridge Brewing Company Micro Brewer Offsale, Tap Room & Sunday Tap Room Cabones’ LLC Lion’s Tavern Onsale, Sunday LoLo American Kitchen LLC LoLo American Kitchen Onsale, Sunday St. Croix Boat & Packet Co. Lowell Inn Onsale, Sunday Lucky’s Station LLC Lucky’s Station Tobacco Organization Name/Corporate DBA LICENSE TYPE Lucky’s Station LLC Lucky’s Station Tobacco Mad Capper Saloon & Eatery Inc. Mad Capper Onsale, Sunday Maple Island Brewing, LLC Maple Island Brewing Micro Brewer Offsale, Tap Room & Sunday Tap Room B.A. Mensch, Inc. Marx Wine Bar and Grill Onsale, Sunday, 2am Meister, Eileen V. Meister’s Bar & Grill Onsale VDR Inc. Nacho Mama’s Onsale, Sunday E & K Convenience, Inc. Neighbor Stop Tobacco TJ Stillwater LLC No-Neck Tony’s Onsale, Sunday, 2am North Hill Liquor Ltd. North Hill Liquor Offsale, Tobacco Oak Glen Limited Ptsp. Oak Glen Onsale, Sunday Oasis Café Inc. Oasis Café Wine w/Strong Beer Osaka Express Inc. Osaka Express Onsale, Sunday Beach Blanket Bingo Inc. P.D. Pappy’s Onsale, Sunday Roman Market, Inc. Patriot’s Tavern Onsale, Sunday Pub 112 Inc. Pub 112 Onsale, Sunday, 2am L & L Companies LLC Quickfire Pizza Wine w/Strong Beer Stillwater Holdings LLC Rafters Onsale, Sunday, 2am Reve’ 324 Inc. Reve’ Bistro Onsale, Sunday Rivertown Inn, LLC Rivertown Inn Wine Bad Latitude, LLC Smalley’s Caribbean Barbeque Onsale, Sunday, 2am Northgate, Inc. Still Tobacco Tobacco Northgate, Inc. Still Tobacco2 Tobacco Stillwater Country Club, Inc. Stillwater Country Club Club, Sunday Stillwater K.C. Hall, Inc. Stillwater K.C. Hall Club, Sunday Water to Wine LLC Stillwater Liquors Offsale, Tobacco Thai Basil, Inc. Thai Basil Onsale, Sunday St. Croix Boat and Packet Co. The Grand Wine w/Strong Beer The Edge Performance Hockey Training Center LLC The Lumberyard Wine w/Strong Beer The Wedge & Wheel LLC The Wedge & Wheel Wine w/Strong Beer The Tilted Tiki Inc. The Tilted Tiki Onsale, Sunday, 2am Commander Project LLC Tin Bins Onsale, Sunday DBD Partners Inc. Water Street Inn Onsale, Sunday, Tobacco DNR Properties LLC Whitey’s Onsale, Sunday, Offsale, 2am Adopted by Council this 15th day of November, 2016. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk RESOLUTION 2016-204 APPROVAL OF LETTER OF UNDERSTANDING FOR IMPOUND HOUSING SERVICES FOR 2017 BE IT RESOLVED, by the City Council of Stillwater, Minnesota that the Impound Housing Services Agreement between Animal Humane Society and the City of Stillwater for housing of animals, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor to sign the contract on the City's behalf. Adopted by the City Council of the City of Stillwater this 15th day of November, 2016 Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk 10/28/2016 City of Stillwater 214 N 4th Street Stillwater, MN 55082 Dear Municipal Administrator, RECEIVED NOV -7 2016 BY: ............................. . As you know, Animal Humane Society partners with local cities to improve the lives and welfare of animals as well as the impact they have on people in our community. We look forward to continuing our partnership with you in 2017. While we have had no significant internal policy or practice changes that will affect this relationship, we want to remind our Wisconsin partners that the stray holding period in the state has changed. It is now 4 days if the animal has a live release (adopted, returned to owner) and 7 days if euthanized. These time frames have been updated in our contract. Two copies of your 2017 contract are enclosed. We anticipate no other changes that will impact our municipal contracts, so the language in the new agreement is consistent with the one you signed for 2017 with the exception of Wisconsin holding days. Our holding fees -which have been static for several years -will increase slightly to $142 per animal for cats and dogs and $43 per animal for other domestic animals. If you have any questions, please feel free to contact me at the email or phone number below. We have simplified the process this year by already signing our part of the contract. Please sign both copies of the contract and return one of them to the Woodbury address below. We appreciate your partnership as we seek to serve both the people and animals of our communities. Sincerely, Graham Brayshaw, DVM Director of Animal Services, Animal Humane Society gbrayshaw@animalhumanesociety.org (763) 489-2224 Animal Humane Society c/o Dawn Mathews, Site Manager 9785 Hudson Rd. Woodbury, MN 55125 Animal Humane Society and City of Stillwater, MN Letter of Understanding for Impound Housing Services 2017 1. Animal Humane Society (AHS) agrees to provide the following services: a. Housing for stray or abandoned animals that are retrieved or legally seized by your municipality's community service officer (CSO) or animal control officer (ACO), or for stray animals that are brought into the shelter by a citizen and verbal permission is given by your agency via phone for intake. Housing includes kennel space, daily cleaning, food and water. b. Herd management vaccination following our standard vaccination protocols, as well as medically necessary and/or emergency care for sick or injured animals impounded during regular business hours. c. Euthanasia services as deemed necessary by an AHS veterinarian. These services may be provided at the end of the legally required holding period or in the case of a medical situation that requires immediate euthanasia. d. Adoption services as deemed appropriate by AHS veterinary staff. The animals will be evaluated for these services at the end of the legally required holding period. e. Euthanasia services and body disposal as deemed appropriate by AHS veterinary staff. The animals will be evaluated for these services at the end of the legally required holding period. f. Provide animal rabies quarantine or diagnostic service for stray felines or canines that have bitten a person. g. Hold animal for the legally required stray holding period: 5 days in MN, 4 Days in WI if a live release, 7 days in WI if euthanized or until reclaimed by owner within this holding period. h. AHS will follow internal policy and best practice for unclaimed animals. The City of Stillwater may request and view AHS policies at any time. 2. AHS expectations: a. AHS is not responsible for sick or injured animals that are left after hours. Outside treatment must be sought for these animals by the animal control officer or community service officer prior to leaving the animals at the AHS facility when veterinary staff members are not on duty. b. AHS has the sole authority to disposition all animals that have not been reclaimed upon the expiration of the legally designated holding period. 1 c. AHS will not accept feral cats seized under municipal authority by your municipality's CSO or ACO. 3. The City of Stillwater agrees to: a. Adhere to the drop off procedure set forth by AHS including animal housing at the shelter and paperwork. Drop off procedures and paperwork training for community service or animal control officers will be provided. b. Adhere to state laws and local ordinances that apply to the handling of stray or abandoned animals and the seizure and return of animals to their owners. c. Direct citizens where to take stray animals when not receiving permission for impoundment at AHS. d. Seek care for injured or sick animals prior to drop off in the event that it is after hours and/or AHS veterinary staff is not on duty. e. Pay the designated fees for each animal cared for from your municipality. AHS will charge a standard stray holding fee of $142 per canine or feline and a $43 fee per "other" domestic animals (rabbits, guinea pigs, birds etc.) not reclaimed by its owner. AHS will charge a $10 administrative/processing fee to the municipality for each animal reclaimed by its owner in place of the stray holding fee. In these instances AHS will charge the owner reclaim fees. Fees for animals seized by the municipality (such as rabies quarantine) may vary due to the differing nature of their holding periods and services required. f. Adhere to AHS policy and best practice for unclaimed animals. The City of Stillwater may request and view AHS policies at any time. g. Adhere to building access rules and ensure that the service access door is closed and locked after use in an after hours drop off. h. Ensure that the municipality's CSO/ACO uses his/her discretion in the field as to whether or not to impound an animal. AHS is not responsible for those decisions. 1. Be available to members of your community to resolve their concerns related to the actions of your ACO/CSO officers and your municipality's procedures, policies and requirements. J. Release AHS from all liability of claims resulting from or related to providing impound housing services. The City of Stillwater accepts responsibility for the CSO/ ACO while in the course of impounding animals at AHS. 4. Administration a. AHS will bill the municipality at the end of each quarter on a fiscal calendar year. Billing will be mailed in the first month following the end of the quarter. Payment is expected within 30 days ofreceipt of billing. b. AHS will assign a contact person who should be contacted in the event of any problems, concerns or to receive feedback regarding the program. c. Any billing disputes must be raised within 10 days of receipt of billing. 2 This agreement is based on a one year commitment, which is renewed annually from the date your administrator signs the agreement below. The agreement can be ended at anytime by either party with a 30 day notice. This agreement is entered into on the __ day of ________ , 2017 by Signed on behalf of Municipal Authority Printed Name and Title 3 MEMORANDUM To: Mayor and City Council From: 7,~' Shawn Sanders, Director of Public Works Date: November 9, 2016 Subject: Cooperative Agreement between the City and Washington County for Maintenance of CSAH 12 DISCUSSION: Staff and Washington County have been working on a maintenance agreement that coincides with the recent improvements on County State Aid Highway (CSAH) 12 The agreement mainly describes the responsibilities for street and utility maintenance in each agencies particular right-of way. Staff has reviewed the Cooperative Agreement and recommends approval. ACTION REQUIRED If Council agrees with the recommendation they should pass a motion approving the Cooperative Agreement between the City and Washington County for Maintenance of CSAH 12. RESOLUTION 2016-205 APPROVAL OF MAINTENANCE AGREEMENT WITH WASHINGTON COUNTY CSAH 12 BE IT RESOLVED, by the City Council of Stillwater, Minnesota that the maintenance agreement between Washington County and the City of Stillwater for maintenance of CSAH 12, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor and City Administrator to sign the contracts on the City's behalf. Adopted by the City Council of the City of Stillwater this 15th day of November, 2016 Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk WASHINGTON COUNTY CONTRACT NO. 10268 COOPERATIVE AGREEMENT BETWEEN THE CITY OF STILLWATER AND WASHINGTON COUNTY FOR MAINTENANCE OF COUNTY STATE AID HIGHWAY (CSAH) 12 DEPT. PUBLIC WORKS DIVISION TRANSPORTATION TERM Signature -Perpetual THIS AGREEMENT, by and between the City Stillwater, a municipal corporation, herein after referred to as the "City", and Washington County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County". WITNESSETH: WHEREAS, the City and the County desire to design, construct and maintain CSAH 12 from CSAH 15 to CSAH 5, herein after referred to as the "Project"; and WHEREAS, the City and the County have entered into a separate agreement for the construction cost sharing of CSAH12 and all items constructed with this project; and WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the maintenance of items constructed as part of the Project; and WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 162.17 sub.1 and Minnesota Statute471.59. NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: I. PURPOSE The purpose of this agreement is set forth in the above whereas clauses which are all incorporated by reference as if fully set forth herein and shall consist of this agreement and Exhibit A (Location Map). II. MAINTENANCE/OWNERSHIP A. Upon completion of the Project, the City shall own and maintain the following under this project: 1. Municipal Utilities. Existing, constructed or re-constructed; including sanitary sewer and water main. 2. Signing. All permanent roadway signing on City right-of-way. 3. Trails. Trail on Maryknoll Drive, from CSAH 12 to Boutwell Road. 4. Curb and gutter. All curb and gutter on its City right-of-way existing or constructed under this project. 5. Pavement. All pavement systems existing or constructed on its City right-of-way under this project. 6. Crosswalk and pavement markings: Crosswalk and pavement markings applied on City streets and intersection approaches. 7. Storm sewer. All storm sewer trunk line, lateral lines, catch basins and leads on its existing City right-of-way; existing or constructed under this project. 8. Retaining walls. All walls located on City right-of-way existing or constructed under this project. Page 1 of 4 B. Upon completion of the project, the following applies to the City: 1. Corridor boulevards. The City, at their expense, may, but are not required to, perform corridor boulevard mowing. 2. Trails. Minor maintenance of trail on south side of CSAH 12 from CSAH 15 to Brick Street. Minor maintenance of trail on north side of CSAH 12 from Maryknoll Drive to Brick Street. Minor maintenance may include sweeping, plowing and those elements consistent with City ordinances, policies or council directives. 3. Sidewalks and Pedestrian Ramps. Minor maintenance of sidewalk and pedestrian ramps on both sides of CSAH 12 from Brick Street to Owens Street. Minor maintenance includes those elements consistent with City ordinances, policies or council directives. 4. Signals. The County and the City have entered into a separate agreement to address traffic signal maintenance responsibility. C. Upon completion of this project the County shall own and maintain the following under this project: 1. Storm sewer. All storm sewer trunk lines, lateral lines, catch basins and leads on its existing County right-of-way; existing or constructed under this project. 2. Centerline culverts. All centerline culverts on its county owned right of way existing or constructed under this project. 3. Signing. All permanent roadway signing on County roads shall be controlled by the County. 4. Crosswalk and pavement markings: All markings on county roads 5. With respect to the construed corridor boulevard, the County will mow the corridor boulevards a maximum of twice per year. 6. Curb and gutter. All curb and gutter on its County right-of-way existing or constructed under this project. 7. Pavement. All pavement systems existing or constructed on its County right-of-way under this project. 8. Trails. Major maintenance of trail on south side of CSAH 12 from CSAH 15 to Brick Street. Major maintenance of trail on north side of CSAH 12 from Maryknoll Drive to Brick Street. The county shall not plow either trail along CSAH 12. 9. Sidewalks. Major maintenance of sidewalk on both sides of CSAH 12 from Brick Street to Owens Street. 10. Concrete medians. All concrete median existing or constructed under this project. 11. Retaining walls: All walls located on County right-of-way existing or constructed under this project. 12. Storm water ponds and infiltration basins located on the north and south sides of CSAH 12 between CSAH 15 and Brick Street. D. All maintenance required to be performed by this agreement by the Parties shall be performed in a manner which shall be at the sole discretion of the party so obligated. E. The City and County will follow work zone traffic control procedures required in the Minnesota Manual of Uniform Traffic Control Devices for all maintenance activities. F. The County will notify the City at 651-430-4300 at least 24 hours in advance of any maintenance activities requiring a lane closure or permit to complete work within the City right- of-way. G. The County will control all parking and other regulations on County roads, subject to any previous Agreements between the City and the County. H. The City will control all parking and other regulations on City roads, subject to any previous Agreements between the City and the County. Page 2 of 4 Ill. CIVIL RIGHTS AND NON-DISCRIMINATION The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set further herein, and shall be part of any Agreement entered into by the parties with any contractor subcontractor, or material suppliers. IV. WORKERS COMPENSATION It is hereby understood and agreed that any and all employees of the County and all other persons employed by the County in the performance of construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of the City and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of the City. V. INDEMNIFICATION A. The City agrees that it will defend, indemnify and hold harmless the County against any and all liability, loss, damages, costs and expenses which the County may hereafter sustain, incur or be required to pay by reason of any negligent act by the City, its agents, officers or employees during the performance of this agreement. B. The County agrees that it will defend, indemnify and hold harmless the City against any and all liability, loss, damages, costs and expenses which the City may hereafter sustain, incur or be required to pay by reason of any negligent act by the County, its agents, officers or employees during the performance of this agreement. C. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. 1 a(b). The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties as provided for in Section 4 71.59, subd. 1 a. D. Each party's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1a and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1 (a). VI. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. Page 3 of 4 VII. CONDITIONS The City shall not assess or otherwise recover any portion of its cost for this project through levy on County-owned property. IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. WASHINGTON COUNTY Chair Board of Commissioners Molly O'Rourke County Administrator Approved as to form: Assistant County Attorney Date Date Date CITY OF STILLWATER Mayor Date City Administrator Date Approved as to form: City Attorney Date Page 4 of 4 To: From: Date: MEMORANDUM Mayor and City Council Shawn Sander"l.Birector of Public Works November 9, 2016 Subject: Traffic Control Signal Maintenance Agreement between Washington County and the City of Stillwater the Traffic Control Signal at CSAH 12 and Maryknoll Drive DISCUSSION: With the new traffic control signal at Maryknoll Drive and County State Aid Highway (CSAH) 12, Washington County is requesting approval of a signal maintenance agreement. In the agreement, the City shall have maintenance responsibilities of all the street light luminaires, electrical costs and painting of the signal poles. All other maintenance responsibilities shall be the County's. This agreement is in line with other traffic signals on county roads in the City. Staff has reviewed the Cooperative Agreement and recommends approval. ACTION REQUIRED If Council agrees with the recommendation they should pass a motion approving the Traffic Control Signal Maintenance Agreement between Washington County and the City of Stillwater the Traffic Control Signal at CSAH 12 and Maryknoll Drive RESOLUTION 2016-206 APPROVAL OF TRAFFIC CONTROL SIGNAL MAINTENANCE AGREEMENT WITH WASHINGTON COUNTY FOR THE TRAFFIC SIGNAL AT CSAH 12 AND MARYKNOLL DRIVE BE IT RESOLVED, by the City Council of Stillwater, Minnesota that the traffic control signal maintenance agreement between Washington County and the City of Stillwater for maintenance of the traffic signal at CSAH 12 and Maryknoll Drive, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor and City Administrator to sign the contracts on the City's behalf. Adopted by the City Council of the City of Stillwater this 15th day of November, 2016 Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk TRAFFIC CONTROL SIGNAL MAINTENANCE AGREEMENT BETWEEN THE COUNTY OF WASHINGTON AND THE CITY OF STILLWATER FOR THE TRAFFIC CONTROL SIGNAL AT CSAH 12 AND MARYKNOLL DRIVE WASHINGTON COUNTY CONTRACT NO. 10607 DEPT. PUBLIC WORKS DIVISION TRANSPORTATION ------- TERM PERPETUAL THIS AGREEMENT made and entered into by and between the County of Washington, a political subdivision of the State of Minnesota, hereinafter referred to as the "County" and the City of Stillwater, Minnesota, a municipal corporation, hereinafter referred to as the "City"; WHEREAS, it has been determined to install a traffic control signal at the intersection of County State Aid Highway (CSAH) 12 (751h Street North) and Maryknoll Drive, and; WHEREAS, the County and City will share in the maintenance costs of the traffic control signal system as hereinafter set forth. NOW THEREFORE, IT IS AGREED AS FOLLOWS: 1. This agreement shall apply only to the signalized intersection owned by the County and located in the City of Stillwater at CSAH 12 and Maryknoll Drive and shall apply for as long as said signals are in place. 2. Signalized intersections owned by the County and within the corporate limits of the City of Stillwater may be added to this agreement in the future upon mutual written agreement of the City Engineer and the County Engineer. 3. The City shall, at its sole cost and expense, pay all monthly electrical service expenses necessary to operate the traffic control signal systems and integral streetlights, including the cost of establishing and perpetuating a connection to the electrical grid and subsequent ongoing electrical service expenses. 4. The City shall, at its sole cost and expense, maintain and keep in repair the luminaires (overhead street lights) and all their components, including replacement of the luminaire if necessary, except that the County shall maintain and keep in repair the electrical connection to the luminaire heads at the sole cost and expense of the County. 5. The City shall, at its sole cost and expense, maintain and keep in repair any battery backup systems and all their components, including replacement of batteries. If a malfunction of the battery backup system causes damage to County equipment or interferes with the safe and normal operation of the County traffic signal system, the City shall be responsible for the costs of disconnecting the battery backup system and making repairs to the damaged equipment. However, the City shall have no responsibility under the preceding sentence unless the County establishes, via certification of a Licensed Electrician acceptable to the City, that the battery backup system malfunctioned and that the malfunction caused the damage that the County seeks to have repaired. R:\11203 CSAH 15 to CSAH 5 Stillwater\Agreements\Traffic Signal Maintenance\Stillwater-County Signal Maintenance Agreement Maryknoll Final.doc Page 1 of 4 6. The City shall, at its sole cost and expense, clean and paint the traffic control signal systems and integral streetlights at the sole cost and expense of the City, having first obtained a permit from the County which may place conditions on activities within the right-of-way. The County considers paint to be an aesthetic component of the traffic signal system. 7. The County shall, at its sole cost and expense, maintain and keep in repair the traffic control signal systems including relamping of traffic control indications, cleaning and maintenance of the control cabinet and its internal components, maintenance of the Emergency Vehicle Preemption (EVP) system, maintenance of traffic signal interconnection and master controller, and repair of physical damage, except as set forth in the following section. 8. The County shall, at its sole cost and expense, be responsible for identification and location of the underground components of the traffic control signal systems as required by the Gopher State One Call system. 9. All EVP equipment currently installed on the signals covered by this agreement, including optical detectors, control electronics, and confirmation lights shall hereafter be the property of Washington County, with no direct compensation made to the City. 10. The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signal systems or EVP systems; however nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities in situations where part of such traffic control signal systems may be directly involved in an emergency. 11. The EVP systems provided for in this agreement shall be installed, operated, maintained or removed in accordance with the following conditions and requirements: a. Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Sections 169.011, subd. 3 and 169.03. The City will provide the County Engineer or his duly appointed representative a list of all such vehicles with emitter units upon request. b. Malfunctions of the EVP systems shall be reported to the County immediately. c. In the event said EVP systems or components are, in the opinion of the County, being misused or the conditions set forth herein are violated, and such misuse or violation continues after receipt by the City of written notice thereof from the County, the County may remove, modify, restrict, or deactivate the EVP systems. Upon removal of the EVP systems pursuant to this paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads, and indicator lamps and all other components shall become the property of the County. d. All timing of said EVP systems shall be determined by the County. CIVIL RIGHTS AND NON-DISCRIMINATION The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set further herein, and shall be part of any Agreement entered into by the parties with any contractor subcontractor, or material suppliers. R:\11203 CSAH 15 to CSAH 5 Stillwater\Agreements\Traffic Signal Maintenance\Stillwater-County Signal Maintenance Agreement Maryknoll Final.doc Page 2 of 4 WORKERS COMPENSATION It is hereby understood and agreed that any and all employees of the County and all other persons employed by the County in the performance of construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of the City and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of the City. INDEMNIFICATION 1. The City agrees that it will defend, indemnify and hold harmless the County against any and all liability, loss, damages, costs and expenses which the County may hereafter sustain, incur or be required to pay by reason of any negligent act by the City, its agents, officers or employees during the performance of this agreement. 2. The County agrees that it will defend, indemnify and hold harmless the City against any and all liability, loss, damages, costs and expenses which the City may hereafter sustain, incur or be required to pay by reason of any negligent act by the County, its agents, officers or employees during the performance of this agreement. 3. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. 1 a(b). The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties as provided for in Section 471.59, subd. 1 a. 4. Each party's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute 4 71.59, subdivision 1 a and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1 (a). DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. CONDITIONS The City shall not assess or otherwise recover any portion of its cost for this project through levy on County-owned property. R:\11203 CSAH 15 to CSAH 5 Stillwater\Agreements\Traffic Signal Maintenance\Stillwater-County Signal Maintenance Agreement Maryknoll Final.doc Page 3 of 4 IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. WASHINGTON COUNTY Chair Board of Commissioners Molly O'Rourke County Administrator Approved as to form: County Attorney Date Date Date CITY OF STILLWATER Mayor Date City Administrator Date Approved as to form: City Attorney Date R:\11203 CSAH 15 to CSAH 5 Stillwater\Agreements\Traffic Signal Maintenance\Stillwater-County Signal Maintenance Agreement Maryknoll Final.doc Page 4 of 4 TO: Mayor & Council FROM: Bill Turnblad, Community Development Director DATE: November 10, 2016 RE: Stillwater Collision – booth ventilation BACKGROUND The City Council set a deadline of November 4, 2016 for Stillwater Collision to complete the installation of a new paint booth ventilation/filtration system. The consultant hired by the company to design and install the system has fast-tracked the upgrade. But, the equipment could not be manufactured in time to meet the deadline. It will be available for installation to begin on November 17th. Installation will take two to four days. So, the installation contractor could have the work completed by November 21st. REQUEST Stillwater Collision is asking for an extension of the installation deadline to November 21, 2016. bt TO: Mayor & Council FROM: Bill Turnblad, Community Development Director DATE: November 10, 2016 RE: Rutherford Station revised landscaping plan BACKGROUND The landscaping plan for Rutherford Station included a berm along Manning Avenue (County Road 15). The berm and landscaping provided a buffer between the planned homes and Manning Avenue. The berming is similar to what has been approved by Washington County and the City for all recent development on the Stillwater side of the Manning Avenue Corridor. The goal of the screening to date has been to avoid a tunnel appearance by breaking up the screening treatments. However, Washington County has changed its position on allowing berming within their right- of-way. They denied the request to create the berm. So, the developer has submitted a request to replace the berm with a privacy fence and tree plantings. COMMENTS As seen in the attached drawings, the proposed fence and plantings would not present a monotonous face. Instead, it would wind in and out a bit around tree plantings. None the less, staff is a bit concerned that the long vinyl fence will still be too uniform and present a fairly stark contrast to the corridor treatments that have been approved in the last couple of decades. The central portion of the highway corridor along this neigbhorhood’s western edge has an existing berm that will remain in place and partially screen some of the homes. Though the County denied enhancing and extending this berm, they allowed what existed to stay in place. And, if individual home owners want to apply for a fence permit for their own yard, that can be done. This would create variety in the fence types. Therefore, staff would prefer that the developer plant the trees shown in the revised landscaping plan, but not install the fence. ACTION REQUESTED The developer has asked for Council approval of the revised fence and landscaping plan. If the Council is satisfied with the request, please adopt the attached resolution. If the Council would prefer not to have the proposed fence, please add that condition to the resolution before it is adopted. bt Attachments: Letter and documents from developer Development Agreement Resolution Amending Resolution November 8, 2016 Bill Turnblad Community Development Director City of Stillwater 216 North Fourth Street Stillwater, MN 55082 ~ CALATLANTIC HOMES continuing the legacies of Ryland and Standard Pacific Twin Cities 7599 Anagram Drive Eden Prairie, MN 55344 952-229 -6000 Tel www.calatlantichomes .com Re: Addition of a Privacy Fence along Manning Ave at Rutherford Station Dear Mr. Turnblad, CalAtlantic Homes requests a revision to the original landscape plan for Rutherford Station. The original landscape plan anticipated a screening berm along Manning A venue . The anticipated berm conflicted with the rear yard drainage swale from the approved Rutherford Station grading plan. In addition, Washington County has denied a grading permit within the Manning Avenue right-of-way to construct a berm similar to berms found further south on Manning Avenue. Therefore, for screening purposes, CalAtlantic Homes request the addition of a Manning A venue 6' privacy fence to the Rutherford Station landscape plan since the anticipated screening berm was not able to be constructed. Attached please find: • A revised Rutherford Station landscape plan with a privacy fence located along the rear lot lines of the lots adjacent to Manning Avenue • Two cross-section views of the proposed privacy fence • Fence Brochure -Bufftech, Chesterfield Privacy Fence, Sierra Blend In addition , the privacy fence will be owned and maintained by the Rutherford Station Homeowner Association. CalAtlantic Homes appreciates Staffs review of this request. For any questions or if any additional information is needed, please contact me at (952) 229-6007. Sincerely, 4/JI--- Mark Sonstegard VP of Land Development Cal Atlantic Homes, Twin Cities R. P I N E 1 5 ' SP R U C E 2 0 ' SP R U C E 2 0 ' SP R U C E 2 0 ' R. P I N E 2 0 ' SPRUCE 12" SP R U C E 2 0 ' SP R U C E 1 8 " MA P L E 3 4 " J. P I N E 2 5 ' SP R U C E 2 5 ' SP R U C E 1 5 ' SP R U C E 1 5 ' SP R U C E 2 5 ' AP P L E 8 " AP P L E 1 0 " AP P L E 8 " S. M A P L E 2 4 " MA P L E 1 9 " SP R U C E 2 5 ' S. M A P L E 3 6 " R. B I R C H AP P L E 1 4 " AP P L E 1 4 " AP P L E 1 4 " SP R U C E 1 2 " SP R U C E 2 0 ' W. P I N E 2 5 ' SP R U C E 2 0 ' R. P I N E 1 7 ' DE C I D 6 " AS H 2 0 " CR A B 6 " AS H 1 6 " MA P L E 1 8 " S M A P L E 4 2 " AS H 2 6 " AS H 6 " MA P L E 2 4 " SP R U C E 1 5 ' SP R U C E 1 0 ' SP R U C E 1 5 ' SP R U C E 1 0 ' R. PINE 18' R. PINE 30' SP R U C E 1 5 ' SP R U C E 1 5 ' R. P I N E 2 0 ' BA S S W O O D 8 " PO P L A R 2 4 " MA P L E 2 2 " MA P L E 6 " R. PINES 15' R. PINE 15' SP R U C E 3 0 ' SP R U C E 3 0 ' SP R U C E 3 0 ' R. PINES 15'R. P I N E 1 5 ' R. P I N E S 2 5 ' R. PINES 18' R. P I N E S 2 5 ' S.MAPLE 29" R. PINES 15' R. P I N E S 2 5 ' SPRUCE 15' SPRUCE 20'' SP R U C E 2 0 ' 15 " M U L T I R. PINE 20' BITUMINOUS GR A V E L GR A V E L BI T U M I N O U S CR 15 TRAILCR 15 TRAIL RP RP SP R U C E 2 0 ' DE C I D 4 " DE C I D 6 " DE C I D 6 " DE C I D 8 " CE D A R 1 6 ' CE D A R 1 6 " OA K 8 " OA K 1 0 " OA K 6 " SP R U C E 3 0 ' SP R U C E 3 0 ' DE C I D 1 5 " DE C I D 1 5 " SH R U B S R. P I N E 2 5 ' DE C I D 1 5 " DE C I D 1 0 " DE C I D 8 " R. P I N E 3 0 ' R. P I N E 3 0 ' MA P L E 1 5 " S. M A P L E 4 2 " CO T T O N W O O D 4 8 " SP R U C E 2 0 ' R. P I N E 2 2 ' R. P I N E 2 2 ' R. P I N E 2 2 ' MA P L E 2 2 " MA P L E 8 " S. M A P L E 2 6 " S. M A P L E 4 4 " R. P I N E 1 0 ' R. PINE 30' R. PINE 30'R. P I N E 2 0 ' CE D A R 1 5 ' R. P I N E 1 5 ' SP R U C E 2 0 ' SP R U C E 2 0 ' SP R U C E 2 0 ' R. P I N E 2 0 ' SPRUCE 12" SP R U C E 2 0 ' SP R U C E 1 8 " AP P L E 8 " AP P L E 1 0 " AP P L E 8 " S. M A P L E 2 4 " MA P L E 1 9 " SP R U C E 2 5 ' S. M A P L E 3 6 " R. P I N E 2 0 ' R. PINE 15' SPRUCE 20' R. PINES 15' R. P I N E 2 0 ' R. PINES 15' R. PINE 20' R. PINE 15' AS H 6 " SP R U C E 1 5 ' SPRUCE 20' SPRUCE 20'GR A V E L G R A V E L GR A V E L BITUMINOUS CR 1 5 T R A I L CR 15 TRAIL SP R U C E 2 0 ' Ja m e s P . D e B e n e d e t , M . S . , P . E . 6 5 1 - 4 8 3 - 1 0 0 6 & 6 5 1 - 4 0 2 - 0 3 5 6 jd e b e n e d e t @ m s n . c o m Li c e n s e d C i v i l E n g i n e e r I H E R E B Y C E R T I F Y T H A T T H I S P L A N , SP E C I F I C A T I O N O R R E P O R T W A S P R E P A R E D BY M E O R U N D E R M Y D I R E C T S U P E R V I S I O N AN D T H A T I A M A D U L Y R E G I S T E R E D EN G I N E E R U N D E R T H E L A W S O F T H E S T A T E OF M I N N E S O T A . NA M E : DA T E : RE G . N O . 1 0 9 8 5 SH E E T N O . RE V I S I O N S : RU T H E R F O R D S T A T I O N SE T T L E R ' S P I N E S , L L C . BE R M A N D N 0 25 50 100 SC R E E N I N G L 3 o f 6 TYPICAL BERM CROSS SECTION VARIES, 2.5 TO 3.0 FT (TYP)3:13:1 EXISTING GRADE PLANTING AREA APPROX. 9 FT. RI G H T O F WA Y L I N E 10' BERM 10' BERM NOTES 1. FILL FOR BERM IS UNRESTRICTED EXCEPT THAT IT SHALL BE SUITABLE FOR PLANT GROWTH. 2. TOP 6" OF BERM TO BE SUITABLE TOPSOIL. 3. EROSION CONTROL AND TURF ESTABLISHMENT SHALL BE PER GRADING AND EROSION CONTROL PLANS BY STEVENS ENGINEERS, INC. 4. NO TREES SHALL BE REMOVED FROM MANNING AVE. RIGHT OF WAY EXCEPT AS NOTED ON THIS PLAN. 5. SEE TREE PRESERVATION PLAN FOR TREE REMOVALS, PRESERVATION AND REPLANTING INSTRUCTIONS. 6. TREE SPACING 20 FT. TYPICAL EXCEPT MAY VARY TO SAVE EXISTING TREES WHERE INDICATED. 7. NEW TREES: CONIFERS TO BE 4 FT. TO 6 FT. BLACK HILLS SPRUCE AND CEDARS; DECIDUOUS TO BE 2 IN. SWAMP WHITE OAK AND SUGAR MAPLE. CEDARS TO BE EASTERN RED, "TECHNY". 8. COUNTY ROAD 15 TRAIL LOCATION COPIED FROM MOST RECENT PLANS BY WASHINGTON CO. PUBLIC WORKS. 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Box 860 Valley Forge, PA 19482 Professional: 800-233-8990 Consumer: 800-782-8777 © 03/15 CertainTeed Corporation, Printed in the U.S.A. Code No. 40-40-70617 ASK ABOUT ALL OF OUR OTHER CERTAINTEED® PRODUCTS AND SYSTEMS: ROOFING • SIDING • TRIM • DECKING • RAILING • FENCE GYPSUM • CEILINGS • INSULATION Professional: facebook.com/ CertainTeedFreedomofChoice Consumer: facebook.com/ CertainTeedLivingSpaces Quality Assurance Bufftech fence products undergo rigorous testing to ensure they are manufactured to the highest standards and will withstand the test of time. Make a Smart Investment Building Responsibly with Bufftech CertainTeed is actively pursuing strategies to reduce our environmental impact, while increasing the sustainability of our operations and products. By carefully examining all environmental impacts throughout each phase of a product’s life cycle—from raw materials and manufacturing, to transportation and use, to disposal and/or recycling— we gain a complete, accurate view of our product’s true sustainability. CertainTeed has conducted a Life Cycle Assessment (LCA) and submitted the data to the National Institute of Standards and Technology (NIST) to be published in the building product LCA database, BEES (Building for Environmental and Economic Sustainability). The findings from this Life Cycle Assessment provide a new, if not surprising, vantage point from which to make more credible and confident decisions on environmentally sound vinyl fence options. All Bufftech® products are GreenCircle Certified®, a third-party auditing process designed to assure builders, regulators and homeowners that Bufftech fence complies with our environmental and sustainability claims, including the recycled content of our product. Backed by CertainTeed’s exclusive WindZone™ performance, Bufftech fence is engineered for use in high wind and hurricane conditions, as approved by Miami-Dade County NOA #12-1106.11*. Recognized as the most stringent standards in the country, Miami-Dade test protocols include dynamic wind load testing up to 115 mph. The Bufftech line also meets requirements of the ASTM and includes styles that comply with local codes for swimming pool applications. Check with your local building code official as local codes may vary. CertainTeed guarantees the performance of Bufftech’s darker colors and stain blends with our proprietary ColorLast® fade protection, a state-of- the-art acrylic formulation that provides superior protection from the harsh rays of the sun. * Miami-Dade County-approved NOA #12-1106.11, for exceptional performance in high wind conditions. To comply with WindZone performance, additional items are needed for installation. Please reference our product catalog. Expires 3/13/2018. Performance Features Bufftech Vinyl Lifetime limited warranty 4 Transferable warranty 4 Parts and 5-year labor warranty 4 Dark color fade warranty 4 Made in the USA 4 Never needs painting or staining 4 Won’t chip, peel, crack or splinter 4 Won’t rot or support mold growth 4 Impervious to termites/wood-boring insects 4 Lead free 4 No harmful chemicals 4 High-quality raw materials 4 Concealed fasteners 4 Heavyweight pickets 4 Wide choice of colors 4 Woodgrain and stucco textures 4 Steel reinforced rails 4 Routed rails and posts 4 Class A rating for flame spread 4 Recycled content 4 Self-extinguishing 4 Easy to assemble 4 Building code compliant 4 Meets ASTM standards 4 Material • Dimensional checks • Cap stock thickness • Impact • Tensile strength • Wall thickness • Color/gloss • Flex • Accelerated weathering Design Railing code approvals • Kingston – CCRR-0211 • Oxford – CCRR-0187 • Panorama® – CCRR-0115 Fence certifications • Kingston – CCRR-0211 • Oxford – CCRR-0187 • Panorama® – CCRR-0115 • Gates load tested for 300 lbs. • ASTM E 90 Sound Transmission Loss Test • STC 21 (applies to Chesterfield and Galveston) • Miami-Dade county approved NOA#:12-1106.11 (expires 3-13-2018) RESOLUTION NO. 2014-135 CITY OF STILLWATER WASHING TON COUNTY, MINNESOTA A RESOLUTION APPROVING THE DEVELOPMENT AGREEMENT FOR RUTHERFORD STATION CASE NO. 2014-26 WHEREAS, Settler's Pines, LLC made application for approval of the final plat for RUTHERFORD STATION; and WHEREAS, on June 11, 2014 the Stillwater Planning Commission held a public hearing and recommended approval of the preliminary plat; and WHEREAS, on July 1, 2014 the Stillwater City Council held a public hearing on the preliminary plat; and WHEREAS, on August 19, 2014 the Stillwater City Council reviewed the final plat and final plans for RUTHERFORD STATION and found them to be consistent with the preliminary plat and plans they approved on July 1, 2014. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the Development Agreement for RUTHERFORD STATION with the following conditions: 1. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except as may be modified by the conditions herein: • Final Plat dated 7 /18/14 • Site Grading, Street & Utility Construction Plans dated 7 /18/14 • Tree Table 1 & 2 dated 7 /18/14 • Berm & Screening Plan dated 7 /18/14 • Stormwater Management Plan dated 7 /16/14 2. The final plat and annexation are not formally approved until the Development Agreement between the developer and the City is fully executed by both parties. 3. Civil engineering plans must be found satisfactory by the City Engineer prior to commencement of any site work. 4. Outlot B needs to be deleted and encumbered by a utility easement to the City for storm sewer purposes. This must be reflected in the final plat before it is signed by the City and filed with the County. Resolution No. Rutherford Station Page 2 of 2 5. Any conditions of the Brown's Creek Watershed District grading permit that the City Engineer finds necessary shall be included in the final construction documents. 6. This developer will be responsible for paying $2,500 per lot to the City for park and trail dedication fees. These fees may be reduced by crediting trail construction costs as outlined in the Development Agreement for this project. All park and trail fees due the City shall be paid by the developer prior to release of the final plat from the City for recording with Washington County. 7. All electrical and communications utility lines shall be buried. 8. The developer will be responsible for paying the Trout Stream Mitigation Fee of $10,277.70 per acre; the Transportation Adequacy /Mitigation Fee of $17,600.20 per acre; and trunk sewer and water fees of a total of $13,338.53 per acre. The Transportation Adequacy /Mitigation fee may be reduced by crediting Marylane Avenue improvement construction costs as detailed in the Development Agreement for this project. All of these fees due the City shall be paid by the developer prior to release of the final plat from the City for recording with Washington County. 9. Home Owners' Association documents, including stormwater facilities maintenance and trail maintenance, must be submitted to the City and found acceptable to the City Attorney and City Engineer prior to release of the final plat for filing with Washington County. If the submitted Home Owners' Association documents are not consistent with the approval conditions for the preliminary plat, final plat, and Development Agreement, then the City Council will need to review them and approve them prior to release of the final plat for filing with the County. The approved Home Owners' Association documents must be filed at the county together with final plat. 10. The developer shall submit right-of-way permit application(s) to Washington County for any work within County right-of-ways, including connection(s) to County trails. Enacted by the City Council of the City of Stillwater, Minnesota this 19th day of August, 2014. ATTEST: ~~~ Diane F. Ward, City Clerk RESOLUTION NO. 2016- CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION AMENDING RESOLUTON NUMBER 2014-135 BY ALLOWING A REVISION TO THE LANDSCAPING PLAN FOR RUTHERFORD STATION CASE NO. 2014-26 WHEREAS, Settler’s Pines, LLC made application for approval of the final plat for RUTHERFORD STATION; and WHEREAS, on August 19, 2014 the Stillwater City Council approved the final plat and its Development Agreement according to Resolution No. 2014-135; and WHEREAS, Settler’s Pines, LLC requested Washington County to approve a berm within the right-of-way of County Road 15, but was denied, resulting in a need to revise the landscaping plan approved in Resolution No. 2014-135. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the revised landscaping plan dated 6/9/16. Enacted by the City Council of the City of Stillwater, Minnesota this 15th day of November, 2016. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk