City Council Meetings

CITY OF * 4r Winona City Council Agenda Monday, March 18, 2019 6:30 P.M.,Meeting No. 6 City Council Chambers —City Hall WINONA 3 d Floor - 207 Lafayette Street MINNESOTA Mayor Mark Peterson 1St Ward Al Thurley 4th Ward George Borzyskowski 2" Ward Eileen Moeller Large Michelle Alexander At - 3"d Ward Pamela Eyden Large Paul Schollmeier At - 1. Call to Order — Mayor & City Manager's Comments — Roll Call 2. Required Public Hearings 3. Petitions, Requests, Communications City Clerk 1. Renew Liquor Permit for Winona Tour Boat City Clerk 2. Appointments to the Board of Adjustment City Clerk 3. Request for Use of Levee Park by Winona County Wellness Committee City Clerk 4. Request to Hold Parade by Lake Winona Manor City Clerk 5. Request by Winona Fire Department Union to Host 5K Run City Clerk 6. Temporary Liquor License for the Mid West Music Fest 4. Unfinished Business City Manager 1 1. Discussion on the Future of the Winona Deer Park 5. New Business Parks & Recreation 1. Bluff Traverse Funding Allocation Parks & Recreation 2. Friendship Center —Former Masonic Temple Reuse Proposal Parks & 3. Former Masonic Temple Exterior Masonry Professional Services Recreation City 4. MnDOT Amendment to the Cooperative Construction Agreement for the Engineer TH61 /Huff Street Project Planning 5. Plat Review —VEH Frontenac Subdivision Fire 6. Fire Department Heavy Rescue Replacement Vehicle Parks & Recreation 7. Winona Community Foundation Grant Application 6. Reports of Committees City Council Agenda March 18, 2019 Page 2 7. Council Concerns City Clerk 11. Council Concerns 8. Consent Agenda City Clerk 1. Approval of Minutes — March 4, 2019 City Clerk 2. Claim Against the City by Aaren Reidel City Clerk 3. Claim Against the City by Nate Beyerstedt 9. Adjournment  REQUEST FOR COUNCIL Agenda Section: Petitions, Requests, Originating Department. Date: Communications No: 3 City Clerk 19 03/ 18/ Item: Renew Liquor Permit for Winona Tour Boat No. 3. 1 SUMMARY OF REQUESTED ACTION: Aaron Repinski, doing business as the Winona Tour Boat, has applied for a Consumption and Display Permit for the tour boat operating from the Winona Levee. The effective dates of the license would be April 1, 2019 through March 31, 2020. All of the documents are in order and if the Council concurs, a motion to approve the Consumption and Display permit would be in order. Department Approval: City M pager Approval:  REQUEST FOR COUNCIL ACTION Agenda Section: Petitions, Requests, Originating Department: Date: Communications No: 3 City Clerk 19 03/ 18/ Item: Appointments to the Board of Adjustment No. 3.2 SUMMARY OF REQUESTED ACTION: Following is a communication from Mayor Mark F. Peterson, which is self -explanatory. March 14, 2019 City Council City Hall Winona, MN 55987 Dear Council Members: This letter is to advise that I am this date reappointing Travis Buege and Tom Conway to the Board of Adjustment. Jeremy O'Laughlin does not wish to continue on the board. The term for these appointments would be effective April 3, 2019 through April 3, 2022. 1 trust that you will approve these appointments. Sincerely 1. ark F. Peterson Mayor Department Approval: City Manager Approval: Or  N 0 0 0 1 0 Agenda Section: Petitions, Requests, Originating Department. Date: Communications No: 3 City Clerk 19 03/ 18/ Item: Request for Use of Levee Park by Winona County Wellness Committee 3 SUMMARY OF REQUESTED ACTION: Dear Councilmembers, The Winona County Wellness Program would like to hold a Wellness Fitness Walk at the Levee again this year as we have done in the past. We are interested in having the walk at the park on Wednesday, April 17, 2019 from 10:00 a.m. until 2:00 p.m. with a rain date of Wednesday, April 24, 2019. We will be setting up a few of our folding tables and there is no need to barricade the lower road for our event. Thank you, Dana Krings Executive Assistant Administration Winona County Phone: 507-457 - 6597 Agenda Section: Petitions, Requests, Originating Department. Date: Communications No: 3 City Clerk 03118/19 1 Item: Request to Hold Parade by Lake Winona Manor No. 3. SUMMARY OF REQUESTED ACTION: Winona City Council Members On behalf of Lake Winona Manor and the Therapeutic Recreation Department, we are requesting to host a parade June 11 from 1:00 p.m. --4:00 p.m. on the Winona Health Campus for the residents of Lake Winona Manor. We are connecting with many people throughout the community to be a part of the parade, including horses to be apart and will dispose of all droppings appropriately. We are asking to park employee vehicles on one side of Lake Park Road, allowing vehicles to still pass through during the day of June 11. If you have any questions or concerns, please contact Jennifer Schultz at 494 -5725. Thank you for your time. Jennifer Schultz Winona Health jeschultz @winonahealth.orq Department Approval: I City Manager Approval:  0 ] Agenda Section: Petitions, Requests, Originating Department: Date: Communications No: 3 City Clerk 19 03/ 18/ Item: Request by Winona Fire Department Union to Host 5K Run No. 3. SUMMARY OF REQUESTED ACTION: The Winona Fire Fighters Union Local 575 will be hosting the 6 annual 5k on Saturday, April 27, 2019. We are seeking approval from city council to block off the street that goes from Lake Park Drive to the Firefighters Pavilion. The street would be blocked off from approximately 7:30 a.m. - 9:30 a.m. We can provide our own barricades. The Lions pavilion and lake path has already been reserved. This year's proceeds will benefit the "Every Child's Dream" all-inclusive playground that the Winona Lions Clubs are constructing this summer in the East Lake Park. Best Regards, Pete Brueggen Department Approval: City Manager Approval:  Agenda Section: Petitions, Requests, Originating Department: Date: Communications No: 3 City Clerk 19 03/ 18/ Item: Temporary Liquor License for the Mid West Music Fest No. 3.to SUMMARY OF REQUESTED ACTION: Mid West Music Fest had to reschedule a fundraiser they had planned to host at the Winona County History Center, 160 Johnson Street, on Saturday, March 9, 2019. They are rescheduling to Saturday, March 30, and are applying for a temporary wine and beer license. All of the documents are in order. If the Council concurs, a motion to approve the temporary wine and beer license would be in order.  Agenda Section: Unfinished Business Originating Department: Date: No: 4 City Manager 19 03/ 18/ 1 Item: Discussion on the Future of the Winona Deer Park No. 4.1 SUMMARY OF REQUESTED ACTION: Council directed City staff to report back on options regarding the Winona Deer Park. The City Tree Crew has informed me that there is no official guidance being offered from the MNDNR or Department of Agriculture on whether or not the deer park should remain open or that it should be closed. There are 3 deer currently in the park; one older male and 2 younger females. Without clear guidance from the DNR or Agriculture Department, the decision to keep the deer park open or to close it rests with the Council. I would remind the Council that community feedback during the Parks Comprehensive Plan was strongly in favor of closing the deer park. However the Council did make the decision to provide funding in the 2019 budget to restock the park and keep it open. I have directed staff to not move forward until given clear guidance from the Council. Staff is prepared to continue seeking input from State and Federal officials if Council wishes to take more time to make a decision, or to move forward with either keeping the park open or to close it. Departmppt Approval_ I City Manager Approval:  REQUEST FOR COUNCIL ACTION Agenda Section: New Business Originating Department: Date No: 5 Parks and Recreation 19 03/ 18/ Item: Bluff Traverse Funding Allocation No. 5.1 SUMMARY OF REQUESTED ACTION: At the March 04, 2019 meeting, staff outlined a proposal to implement the Bluff Traverse Master Plan. Staff outlined the recently submitted application to designate the area as regionally significant, the Federal Trails Grant application for trail development on the eastern side of the Bluff Traverse, and a proposal to fund trail development and support facilities as the initial implementation project of the Comprehensive Parks Plan. To begin the implementation of the Comprehensive Parks Plan, staff is proposing an inter - fund loan in the amount of $00. 606, 100. The inter f-und loan would be used to begin the archeological and biological survey, trail development within Bluffside Park, land acquisition within the Bluff Traverse, and reclamation of trails within the Bluff Traverse. Staff would seek alternate funding for the support facilities. The inter - fund loan would also allocate dollars toward the match for our application for Legacy funding. The funding chart is attached for your review for more detail. The inter - fund loan, if approved, would be allocated to the appropriate Parks and Recreation Fund. An inter -fund loan is typically reimbursed through an annual payback schedule. The schedule length will determine the annual reimbursement amount. In the past, reimbursement lengths have ranged between 6 -10 years. Staff recommends the first reimbursement payment be scheduled within the 2020 budget. Further, staff recommends the reimbursement schedule be determined during the 2020 budget process. Staff is also proposing that the inter - fund loan be established as a not to exceed amount. This requirement is recommended as a portion of the loan is for a grant match that has not been secured; staff will apply for this grant in June of 2019. This also provides for flexibility if bids for construction would come in lower than the estimates. Further, a not to exceed amount allows for other funding sources to be used if they become available. It should be noted that if the inter -fund loan is approved, staff will come to a future Council meeting to approve the application for Legacy funding along with a resolution acknowledging the match and other specific requirements of the grant application. Bluff Traverse Funding Allocation Page 2 Staff is recommending an inter -fund loan amount not to exceed $606, 00 100. for the development of trails within the Bluff Traverse and as a 5% match for our Legacy funding application. The Bluff Traverse trail development area is attached for your review. If Council concurs, a motion to approve an inter - fund loan in the not to exceed amount of 606,100 be allocated to the Parks and Recreation Fund for 2019 trail development and a 5% match for our Legacy funding application, would be in order.  Bluff Traverse Initial Implementation Project Bluffside Traverse Project Funding Estimate Funding Source Archaeological Survey 00 11, 00. Inter Fund Loan Biological Survey 00 40, 000. Inter Fund Loan Bluff Traverse Trail Development 00 279, 00. Inter Fund Loan Trail reclamation 00 33, 500. Inter Fund Loan Land Acquisition 00 25, 00. Inter Fund Loan TOTAL 00 388, 500. Inter Fund Loan Contingency 00 37, 600. Inter Fund Loan DEVELOPMENT TOTAL 00 426, 100. Inter Fund Loan LEGACY GRANT MATCH 5% 00 180, 00. Inter Fund Loan Inter -fund loan Request TOTAL Fj 00 606,100. Supporting Facilities Staff to seek alternate funding sources Outdoor Climbing Boulder $ 00 65, 00. Biking Skills Course $ 00 35, 000. Pump Track $ 00 85, 000.  r Q Q as E 0: O 0 0. om  REQUEST FOR COUNCIL ACTION Agenda Section: New Business Originating Department: Date No: 5 Parks and Recreation 19 03/ 18/ Item: Friendship Center —Former Masonic Temple Reuse Proposal No. 5.2. SUMMARY OF REQUESTED ACTION: At the Pre -Council meeting on January 22, 2019, staff presented a concept to study the reuse of the former Masonic Temple. The main idea of that concept was to study the potential of the Friendship Center staying in the current location and how the City could optimize the use of the entire building. Due to our previous work on facility concepts elsewhere within the City, staff requested a proposal from ISG to study the reuse of the former Masonic Temple. The proposal from ISG is attached for your review. Staff is recommending approval of the proposal and that a contingency be added to the total project cost to include additional conceptual drawings as well as a review process with Miller Dunwiddie. Staff is recommending a review process with Miller Dunwiddie to assist with the Minnesota State Historic Preservation Office requirements. Staff is recommending the total reuse study, including the contingency, not exceed $8, 000. If Council concurs, a motion to direct the staff to execute the proposal from ISG and allocate up to $8, 000 from Facility Fund, would be in order. Depent Approval: City Ma ager Approval: iA / Cx_ March 1, 2019 Chad Ubl Community Services Director t Assistant City Manager City of Winona Park + Recreation Office - City Hall - Room 105 207 Lafayette Street Winona, MN 55987 cubl(a mn. ci. winona. us RE: Professional Design Services for Community Center Facility Study & Plan at the Masonic Temple Winona, Minnesota Chad, It is our understanding the City of Winona would like to explore renovation of the Masonic Temple 1St, d 211 and 3rd floors to potentially accommodate a new Friendship Center as the current facility no longer meets the community's needs. ISG anticipates the following scope of services that will closely follow community and city staff meeting timelines on the Comprehensive Plan. Existing Condition Assessment Along with information on the existing building provided by the city, our team will continue our efforts by studying the existing facility to conduct an evaluation of the facilities advantages and disadvantages. Concept Development ISG will develop•conceptual plans, visuals and cost estimates. ISG will present the conceptual documents to review our findings. Based on feedback from key stakeholders, ISG will revise the conceptual documents for client approval. Compensation ISG proposes to provide the scope of services described within this proposal for compensation in accordance with the following schedule. Anticipated reimbursable expenses such as travel time, mileage expenses, and printing costs will be billed at cost + 10 %. g00 international Drive + Soite 550 + Ninneaaolis, NN 5525 952 426.0699 + vet:niJ ar p.co r ARGNiTECTURE + ENGINEERING + EIMRUNNENTAL + PLANNING  Existing Condition Assessment $ 1, 150 Develop concepts + cost estimates $ 3, 500 Thank you again for the opportunity to provide a proposal to meet the requirements of this project. ISG looks forward to continuing to build a strong relationship with the City of Winona by providing responsive service, a collaborative approach, and timely delivery. Please contact me at 608. 7319 518. with any questions regarding our services or this proposal. To provide ISG authorization to proceed, please acknowledge receipt and acceptance of this proposal as indicated below. Sincerely, Amanda Prosser PLA,ASLA, CPSI Kevin Bills AIA, LEED AP BD + C Associate Principal + Practice Group Leader Architect ACKNOWLEDGEMENT OF ACCEPTANCE Accepted this day of 2019 For: By: Title: This proposal is valid for 30 days. Pro € essional Dcsigr Sery s ;- Con nurity nu-- Stir b' = innna, Ylir.p.i5 ' ra Page 2 e*2 952A26.0699 + wsv; is-v.gm.com  Agenda Section: New Business Originating Department. Date No: 5 Parks and Recreation 19 03/ 18/ 1 Item: Former Masonic Temple Exterior Masonry Professional Services No. 5. As the City continues to move forward with the former Masonic Temple improvements the next project is the exterior masonry work. This specific project will be completed due to the grant received via the Minnesota State Historical Society (MHS). The design for this project was significantly completed during the application phase. However, the City will need 100% drawings for bidding, the bidding and contract documents, construction administration, and MHS grant milestone submittals. Staff requested a proposal from Miller Dunwiddie to provide those services. The proposal from Mille Dunwiddie is attached for your review. The City Council has accepted the grant from the MHS in the amount of $ 316,933. The grant application included the services listed above to be covered with the grant award. The grant application suggested $32,000 be set aside for the services outlined by the Miller Duwiddie proposal. Staff is recommending approval of the proposal submitted by Miller Dunwiddie in the amount of $27,800 and to use the grant funding for those services. If Council concurs a motion to direct staff to execute the proposal from Miller Dunwiddie would be in order. nt Approval:,,,, I City Manager Approval: Miller Dunwiddie February 25, 2019 City of Winona ATTN: Chad Ubl 207 Lafayette St Winona, MN 55987 RE: Proposal for Winona Masonic Temple - 2019 Exterior Masonry Architectural Services WIN 1601 Dear Chad, Miller Dunwiddie is excited that the City of Winona has received a Legacy Grant and is ready to begin the next project at the Masonic Temple. We look forward to working with you to undertake this work. This letter is our proposal of services and related fees. PROJECT UNDERSTANDING The City of Winona would like to move forward with the exterior masonry work outlined in HSR and the Legacy Grant submission. Because The City of Winona has received a Minnesota Historical Society Legacy Grant to partially fund the project, this project as well as future projects, will undergo review by the Minnesota Historical Society. Miller Dunwiddie will assist the City in preparation of documents for submission to the Legacy Grant site. This work will require complete construction documents and a public advertised and qualified bid. The construction work is assumed to take 5 months - site visits listed below are dependent on this duration. Work is assumed to be completed during the summer /fall months of 2019 and will not include winter conditions. SCOPE OF SERVICES The grant submission completed included 90% construction drawings the scope of services to complete the construction documents, bidding, construction administration and grant submittals is as follows. Complete construction documents 3 WEEKS Complete drawings to 100%forbid Complete project manual including front end and bidding requirements Bidding /Contracting 3 WEEKS Assist in advertisement for bid (provide document for City advertisement) Conduct onsite pre -bid meeting Review and recommend award millerdunwiddie. com 100 Washington Ave South I Suite 500 1 Minneapolis, Minnesota 55401 1 612 337 0000 City of Winona February 25, 2019 Masonic Temple 2019 Masonry 2 Construction Administration 5 MONTHS Submittal /Pay Application review Clarifications - Supplemental Instructions Changes - Proposal Requests and Change Orders Mortar /masonry site selection review- 1 site visit included in fee Progress Review -1 per month or as required ( fee includes d progress review visits) Punchlist and Final Review - 2 site visits included in fee MHS Milestone submittal support DURATION OF PROJECT o Provide narrative, drawings or photographs as required to create milestone submission documents If Miller Dunwiddie believes that any work we have been directed to perform is beyond the scope of this Agreement, or that the level of effort required significantly exceeds that estimated due to changed conditions and thereby constitutes extra work, Miller Dunwiddie shall notify the City of Winona of that fact and negotiate those additional services. Miller Dunwiddie shall not be required to perform any additional services until additional compensation and time for completion is agreed upon in writing by both parties. These services will be provided on a Time and Materials Basis to a Maximum Fee of $ 27,800 (Twenty Seven Thousand Eight Hundred and 00 dollars) including reimbursables. Please get back to me if you have any questions. If acceptable, please provide a City contract. The work should be expedited as soon as possible to assure documents, bidding and construction can occur this summer without incurring winter conditions. We look forward to continuing our work with you and the City on this exciting project! Sincerely, Denita Lemmon ) AIA, NCARB, LEED AP Vice President Miller Dunwiddie CC: Mark Miller, Miller Dunwiddie  REQUEST FOR COUNCIL ACTION Agenda Section: New Business Originating Department: Date No: 5. City Engineer 3/ 1812019 Item: MnDOT Amendment to the Cooperative Construction Agreement for the TH61 /Huff Street Project SUMMARY OF REQUESTED ACTION: The City of Winona will be constructing the TH61 /Huff Street project starting in the spring of 2019. This project will be constructed with the cooperation of MnDOT and Winona County. The City will be responsible for the costs of sidewalk and Huff Street construction as well as approximately 25% of the traffic signal. Winona County will be responsible for 25% of the traffic signal and the road work south of TH61. MnDOT will be responsible for 50% of the traffic signal as well as road work within TH61 right of way. The amendment increases MnDOT's share of this project. The City's share for the road related items is budgeted as part of this project and any surplus will be paid out of the State Aid account. If the Council concurs, a motion to approve the attached resolution would be in order. Department Approval: City Manager Approval: F  RESOLUTION WHEREAS, The City of Winona wishes to construct the TH61 /Huff Street Project. WHEREAS, Mn /DOT and local governments are authorized by Minnesota Statutes sections 471.59, 174.02, and 161.20, to undertake collaborative efforts for the design, construction, maintenance and operation of state and local roads; and WHEREAS, the parties wish to able to respond quickly and efficiently to such opportunities for collaboration, and have determined that having the ability to write "work orders" against a master contract would provide the greatest speed and flexibility in responding to identified needs. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Winona, Minnesota, that the City of Winona enter into the amendment to MnDOT Agreement 1030591 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the State to the City of the State's share of the costs of the bituminous surfacing, ADA improvements, and signal system construction and other associated construction to be performed upon, along and adjacent to Trunk Highway 61 from Huff Street to West Lake Boulevard within the corporate City limits under State Project No. 8505 - 42 (T 61 . H. = 003) IT IS FURTHER RESOLVED that the Mayor and the City Clerk are authorized to execute the Agreement and any amendments to the Agreement. Dated this day of , 2019. Mark F. Peterson Mayor Attest: Monica Hennessy Mohan City Clerk  Agenda Section: New Business Originating Department: Date No: 5 Planning 19 3/ 18/ 1 Item: Plat Review — VEH Frontenac Subdivision No. 5. 6 SUMMARY OF REQUESTED ACTION: Staff requests Council review the attached subdivision (plat).The plat proposes to alter lot lines on four existing lots and combine them into three — no additional lots are being created. The changes will facilitate future construction on the site. Should Council concur with the attached plat, a motion to approve the attached resolution would be in order. Attachments: i. Resolution ii. VEH Frontenac Subdivision iii. Planning Commission Agenda Item  RESOLUTION WHEREAS, Johnson and Scofield, ( " Petitioner" or "Applicant ") has submitted an application for Final Plat approval of the proposed Veh Frontenac subdivision ( "Final Plat" or Plat "),legally described in Exhibit A which is attached hereto and incorporated herein by reference; and WHEREAS, the Winona City Planning Commission ( "Commission ") in accordance with provisions of the Winona City Code, Section 43. 3106. B)held a required public hearing to consider said Plat on March 11, 2019; and WHEREAS, following its full review and consideration of all information, the Commission found that the Plat for the proposed Veh Frontenac subdivision was consistent with the intent and purpose of applicable City zoning and subdivision ordinances; and WHEREAS, given its previous findings, the Commission unanimously recommended that City Council of the City of Winona ( "City Council ") approve the Final Plat for the Veh Frontenac Estates subdivision; and WHEREAS, the City Council has reviewed the proposed Final Plat of the Veh Frontenac subdivision for compliance with the City Code of the City of Winona, and statutes of the State of Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council that the City Council concurs with the recommendation of the Winona City Planning Commission and hereby approves the Final Plat for Veh Frontenac subdivision subject to the following condition(s): 1. The Final Plat shall comply with the provisions of all state statutes and standard procedures for platting in Winona County. 2. The Final Plat shall be recorded within 180 days of City Council approval or the City's approval shall be deemed null and void. 3. The Applicant shall be responsible for and pay all fees, including recording fees. Dated this day of , 2019. Mark F. Peterson Mayor Attest: Monica Hennessy Mohan City Clerk  EXHIBIT A Legal Description of Veh Frontenac That portion of the Southwest Quarter of the Southwest Quarter (SW 1/4 of S W 1 /4)of Section Twenty -Five (25), Township One Hundred Seven (107)North, of Range Seven (7), West of the Fifth Principal Meridian, Winona County, Minnesota, more particularly described as follows: Commencing at a point where the West line of Section 25, Tp.107, Rg. 7 meets the Southerly line of a parcel of land conveyed by Warranty Deed dated September 7, 1921, executed by C. B.Caldwell and Nettie Caldwell, his wife,as Grantors, to the City of Winona, a municipality, as Grantee, and recorded on November 16, 1921 in Book 136 of Deeds, page 53, in the office of the Register of Deeds in and for Winona County,Minnesota, which said Southerly line is hereinafter referred to as the "Southerly line of Shive Road "; thence Southeasterly along said Southerly line of Shive Road for a distance of 142 feet to the point of beginning; thence at a right angle Southwesterly a distance of 375 feet; thence at a right angle Southeasterly a distance of 300 feet; thence at a right angle Northeasterly a distance of 300 feet; thence at a right angle Northwesterly 260 feet;thence at a right angle Northeasterly 75 feet to said "Southerly line of Shive Road "; thence Northwesterly along said Southerly line of Shive Road a distance of 40 feet to the point of beginning and there terminating. Excepting therefrom all that part thereof lying Southerly of the Northerly line of Frontenac Drive, Riverbend Industrial Park Subdivision No. 3, according to the recorded plat thereof, Winona County, Minnesota. Also, that part of the Southwest Quarter of the Southwest Quarter (SW1 /4 SW1 /4)of said Section Twenty -five (25), described as follows: Commencing at a point where the West line of said Section 25 meets the Southerly line of a parcel of land conveyed by Warranty Deed dated September 7, 1921, executed by C. B. Caldwell and Nettie Caldwell, his wife, as Grantors, to the City of Winona, a municipality, as Grantee, and recorded on November 16, 1921 in Book 136 of Deeds, page 53, in the office of the Register of Deeds in and for Winona County, Minnesota, which said Southerly line is hereinafter referred to as the "Southerly line of Shive Road "; thence Southeasterly along said Southerly line of Shive Road for a distance of 142 feet; thence at a right angle Southwesterly a distance of 375 feet to a point hereinafter referred to as Point A;thence at a right angle Southeasterly along a line hereinafter referred to as Line 1, a distance of 241.52 feet to the Northerly line of Frontenac Drive, Riverbend Industrial Park Subdivision No. 3,according to the recorded plat thereof, said Winona County and the point of beginning of the land to be described; thence Northwesterly along said Line 1 and its Westerly extension to the West line of said SW1 /4 of the SW1 /4;thence Southerly along said West line of the SW1 /4 of the SW1 /4 a distance of 63.03 feet to said Northerly line of Frontenac Drive; thence Easterly along said Northerly line of Frontenac Drive a distance of 319.65 feet to the point of beginning. Excepting therefrom all that part thereof lying Westerly of the following described line and its extensions: 2  Commencing at said hereinabove described Point A;thence Westerly along the Westerly extension of said hereinabove described Line 1, a distance of 81.97 feet to the West line of Section 25; thence Southerly along said West line of Section 25, a distance of 63.03 feet to the Northwesterly corner of the property described in Document No. 287665, said Winona County; thence Easterly along the Northerly line of said property described in Document No. 287665, a distance of 81.19 feet to the point of beginning of the line to be herein described; thence Northerly a distance of 47.05 feet to said hereinabove described Point A and said herein described line there terminating. AND That part of the Southwest Quarter of the Southwest Quarter of Section 25, Township 107, Range 7, Winona County, Minnesota, described as follows: Commencing at the southwest corner of said Southwest Quarter of the Southwest Quarter; thence North 01 degrees 08 minutes 24 seconds East, along the west line of said Southwest Quarter of the Southwest Quarter, 757.47 feet to the southerly line of the lake outlet ditch conveyed to the City of Winona, Minnesota by C.B. Caldwell and Nettie Caldwell through a warranty deed dated September 7, 1921, and recorded in the office of the Winona County Recorder on November 16, 1921 in Book 136 of Deeds on Page 53; thence South 79 degrees 45 minutes 55 seconds East, along said southerly line of the property described in Book 136 of Deeds, Page 53, a distance of 142.00 feet; thence at a right angle South 10 degrees 14 minutes 05 seconds West, 375.00 feet; thence at a right angle South 79 degrees 45 minutes 55 seconds East, 300.00 feet to a point hereinafter referred to as point A;thence at a right angle North 10 degrees 14 minutes 05 seconds East, 11.61 feet to the northerly line of Frontenac Drive, Riverbend Industrial Park Subdivision No. 3,according to the recorded plat thereof, said Winona County, and the point of beginning of the land to be described; thence continue North 10 degrees 14 minutes 05 seconds East, 288.39 feet to a point distant 300.00 feet northerly of said point A;thence at a right angle North 79 degrees 45 minutes 55 seconds West, 260.00 feet; thence at a right angle North 10 degrees 14 minutes 05 seconds East, 75.00 feet to said southerly line the property described in Book 136 of Deeds, Page 53;thence South 79 degrees 45 minutes 55 seconds East, along said southerly line of the property described in Book 136 of Deeds, Page 53, a distance of 385.13 feet to its intersection with a line distant 560.00 feet easterly of, as measured at right angles to, and parallel with said west line of the Southwest Quarter of the Southwest Quarter; thence South 01 degrees 08 minutes 24 seconds West, along said last intersected parallel line, 65.76 feet; thence South 89 degrees 43 minutes 15 seconds West, 50.02 feet; thence South 01 degrees 08 minutes 24 seconds West, parallel with said west line of the Southwest Quarter of the Southwest Quarter, 275.81 feet to said northerly line of Frontenac Drive; thence westerly along said northerly line of Frontenac Drive, 131.15 feet to the point of beginning. WILED Part of the S W 1 /4 of the S W 1 /4 of Section 25, Township 107 North, Range 7, West of the Fifth Principal Meridian, City of Winona, Winona County, Minnesota, described as follows: P Commencing at the intersection of the West line of said Section 25 with the Southerly right-of- way line of County Ditch No. 4,commonly known as the "Lake Winona Outlet Ditch";thence Easterly and along the Southerly line of said County Ditch No. 4 a distance of 182 feet to the point of beginning: Thence at right angles Northerly a distance of 30 feet; thence at right angles Easterly a distance of 75 feet; thence at right angles Southerly a distance of 30 feet; thence at right angles Westerly a distance of 75 feet to the point of beginning. 4  PLANNING COMMISSION AGENDA ITEM: 3. Public Hearin VE14 Frontenac Subdivision PREPARED BY: Carlos Espinosa DATE: March 11, 2019 BASE DATA Petitioner: Johnson & Scofield Inc. Location: 940 Frontenac Drive Existing Zoning: Lot Area: 3. 67 Acres (159,865 Sq. Ft.) Lot Area Requirements: None Lot Frontage Requirements: None Yard Setback Requirements: None Existing Number of Lots: Four Proposed Number of Lots: Three Proposed Lot Areas: Lot 1 — 63,598 sq. ft. Lot 2 — 16,988 sq. ft. Lot 3 — 72,279 sq. ft. Proposed Lot Frontage: Lot 1 — 344 ft. Lot 2 — 84 ft. Lot 3 — 425 ft. DISCUSSION The subdivision proposes to alter lot lines on four existing lots and combine them into three. The changes will facilitate future construction. Future construction will be subject to the site plan review process. PLANNING COMMISSION Public Hearing — VEH Frontenac Subdivision March 11, 2019 Page 2 Existinq r 1t'I 14x1 L t: IM mr 1.11 % Proposed See Attachment QLMM OTHER AGENCIES The City Engineer is comfortable with this proposal. The Engineer would like to note that storm water improvements for the overall site must be considered in future site plan applications. RECOMMENDATION Given the previous, the proposed plat has been found to be consistent with the intent and purposes of zoning and subdivision ordinances. Approval of the plat as submitted is recommended. Attachment: Final Plat Copy  Agenda Section: New Business Originating Department: Date No: 5 Fire Department 03/ 18119 1 Item: Fire Department Heavy Rescue Replacement Vehicle No. 5.to SUMMARY OF REQUESTED ACTION: Winona Fire currently operates a 1988 Chevy P -30 HAZMAT truck which used to be a tool truck. This vehicle was nearing the end of its serviceable life and was scheduled for replacement in the 2020 CIP for $100,000. The 1988 truck has had several mechanical issues which caused it to become completely unreliable. This truck serves a vital need to the department and community because it carries our HAZMAT, swift water and high angle rescue equipment along with other critical equipment. A new heavy rescue costs around $450,000 and takes nearly a year from the time it is orders to the date it is put in service. Due to the condition of the current vehicle and the critical need for a serviceable heavy rescue truck, the City Manager Authorized me to search for an acceptable replacement and obtain quotes from vendors. One newer truck was located however the purchase price was 220,000. A second truck was located in Apple Valley Minnesota by McQueen Emergency Group. This 1992 Marion Rescue Truck and was listed for $ 69, 000.This Truck was brought down to Central Station on February 19, 2019 and was inspected by fire personnel and city mechanics who deemed it to be sound mechanically. A few upgrades were necessary to make the vehicle fully serviceable for our department. We negotiated a purchase price of 61,000. There is an urgent need to put a heavy rescue truck back in service. By obtaining 2 quotes and contacting used fire truck vendors, staff has complied with the uniform municipal contracting law. Moreover, because the purchase price is far less than $175,000, the city is not required to obtain bids. Staff recommends that the Council approve the purchase of the 1992 Marion Heavy Rescue truck for $61,000. The contract to approve the purchase is attached. If Council should concur, a motion to approve the attached resolution would be in order. nager Approval:  RESOLUTION WHEREAS, the 1988 Chevy P -30 Hazardous Materials Truck has terminal mechanical issues; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Winona, Minnesota, that it authorize city staff to enter into an agreement with McQueen Equipment Group for the purchase of 1992 Marion Rescue Truck. Dated this day of , 2015. Mark F. Peterson Mayor Attest: Monica Hennessy Mohan City Clerk  MACQUEEN MACQU EEN 40 EQUIPMENT GROUP 0> EMERGENCY GROUP 1992 Marion Rescue 17 Q _ rte . - . _ ; . F _ fi i f LMOM c Features 1992 Marion Rescue Apparatus 1992 International Chassis 4900 4x2 Marion 18' Walk-Through 1H DT466 250 HP Diesel Engine Allison 3600 Automatic Transmission 2)Hanney Electric Reels  Z)Telescoping Lights Manney Hydraulic Reels Air Conditioning Interior EMS Cabinet 29'860 G\ NVR New) Harrison Generator Miles: 7, 562 1 Hours: 1,508 You Can View This Unit, and Others Like it,Online at www. commacqueengroup.  0 0> PURCHASE AGREEMENT This Purchase Agreement (together with all attachments referenced herein, the ( "Agreement "), made and entered into by and between MacQueen Equipment, LLC, as Delaware corporation DBA MacQueen Emergency ( "MacQueen "), and The City of Winona, a.Minnesota Municipality is effective as of the date specified in Section 3 hereof. 1. Definitions a. " Product" means the fire apparatus and any associated equipment furnished for the Customer by MacQueen, pursuant to the purchase agreement. b. " Specifications" means the general specifications, technical specifications, orientation, and testing requirements for the Product contained in the MacQueen purchase agreement. c. " MacQueen Proposal" means the proposal provided by MacQueen in the purchase agreement. d. " Delivery" means the date MacQueen is prepared to make physical possession of the Product available to the Customer. 2. Purpose This Agreement sets forth the terms and conditions of MacQueen's sale of the Product to the Customer. 3. Term of Agreement This Agreement will become effective on the date it is signed and approved by MacQueen's authorized representative pursuant to Section 20 hereof March 8, 2019 and, unless earlier terminated pursuant to the terms of this Agreement, it will terminate upon the Customer's Acceptance and payment in full of the Purchase Price, 4. Purchase and Payment The Customer agrees to purchase the Product specified on Exhibit A for the total purchase price of $ 61,000. Prices are in US Funds. 5. Agreement Changes The Customer may request that MacQueen incorporate a change to the Products or the Specifications for the Products by delivering a change order to MacQueen; provided, however, that any such change order must be in writing and include a description of the proposed change sufficient to permit MacQueen to evaluate the feasibility of such change ( "Change Order "). Within seven (7)business days of receipt of a Change Order, MacQueen will inform the Customer in writing of the feasibility of the Change Order, the earliest possible implementation date for the Change Order, of any increase or decrease in the Purchase Price resulting from such Change Order, and of any effect on production scheduling or Delivery resulting from such Change Order. MacQueen shall not be liable to the Customer for any delay in performance or Delivery arising from any such Change Order. A Change Order is only effective when counter -signed by MacQueen's authorized representative. 6. Cancellation /Termination In the event this Agreement is cancelled or terminated by a party before delivery, MacQueen may charge a cancellation fee. The following charge schedule based on costs incurred may be applied: (a)25% of the Purchase Part of the MacQueen Equipment Group up. uvwvv. macqueengr© com  MACQUEEN Y EMERGENCY GROUP 4 Price. 7. Delivery, Inspection, and Acceptance a. Delivery Delivery of the Product is scheduled to be approximately 2 Months. Risk of loss shall pass to Customer upon Delivery. Delivery shall be made and title shall pass upon Customer's complete fulfillment of its obligations arising under Section 4 hereof. b. Inspection and Acceptance Upon Delivery, Customer shall inspect the Product, In the event MacQueen does not receive a Notice of Defect upon Delivery, Product will be deemed to be in conformance and Accepted by Customer. 8. Notice Any required or permitted notices hereunder must be given in writing at the address of each party set forth below, or to such other address as either party may substitute by written notice to the other in the manner contemplated herein, by one of the following methods: hand delivery; registered, express, or certified mail, return receipt requested, postage prepaid; or nationally- recognized private express courier: MacQueen Equipment, Inc. Customer 1125 7th Street East City of Winona St. Paul, MN 55106 207 Lafayette St. Winona, MN 55987 9. Standard Warranty No warranty included with the sale of this used apparatus a. Exclusions of Incidental and Consequential Damages In no event shall MacQueen be liable for consequential, incidental or punitive damages incurred by Customer or any third party in connection with any matter arising out of or relating to this Agreement, or the breach thereof, regardless of whether such damages arise out of breach of warranty, tort, contract, strict liability, statutory liability, indemnity, whether resulting from non -delivery or from MacQueen's own negligence, or otherwise. 10. Insurance MacQueen maintains the following limits of insurance with a carrier(s) rated A -or better by A.M. Best: Commercial General Liability Insurance: Products /Completed Operations Aggregate: $ 000 2,000, Each Occurrence: $ 000 2,0 0, Umbrella /Excess Liability Insurance: Aggregate: $ 000 5,000, Each Occurrence: $ 000 5,0 0, ig MkI Part of the MacQueen Equipment Group VV com uvww. macqueengroup.  MACQUEEN EMERGENCY sO• The Customer may request MacQueen to provide the Customer with a copy of a current Certificate of Insurance with the coverages listed above. 11. Indemnity The Customer shall indemnify, defend and hold harmless MacQueen, its officers, employees, dealers, agents or subcontractors, from any and all claims, costs, judgments, liability, loss, damage, attorneys' fees or expenses of any kind or nature whatsoever (including, but without limitation, personal injury and death) to all property and persons caused by, resulting from, arising out of or occurring in connection with the Customer's purchase, installation or use of goods sold or supplied by MacQueen which are not caused by the sole negligence of MacQueen. 12. Force Majeure MacQueen shall not be responsible nor deemed to be in default on account of delays in performance due to causes which are beyond MacQueen's control which make MacQueen's performance impracticable, including but not limited to civil wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, any act of government, delays in transportation, inability to obtain necessary labor supplies or manufacturing facilities, allocation regulations or orders affecting materials, equipment, facilities or completed products, failure to obtain any required license or certificates, acts of God or the public enemy or terrorism, failure of transportation, epidemics, quarantine restrictions, failure of vendors (due to causes similar to those within the scope of this clause) to perform their contracts or labor troubles causing cessation, slowdown, or interruption of work. 13. Default The occurrence of one or more of the following shall constitute a default under this Agreement: a)the Customer fails to pay when due any amounts under this Agreement or to perform any of its obligations under this Agreement; (b)MacQueen fails to perform any of its obligations under this Agreement; (c)either party becomes insolvent or become subject to a bankruptcy or insolvency proceedings; (d)any representation made by either party to induce the other to enter into this Agreement is false in any material respect; (e)the Customer dissolves, merges, consolidates or transfers a substantial portion of its property to another entity; or f) the Customer is in default or has breached any other contract or agreement with MacQueen. 14. Relationship of Parties Neither party is a partner, employee, agent, or joint venture of or with the other. 15. Assignment Neither party may assign its rights and obligations under this Agreement unless it has obtained the prior written approval of the other party. 16. Governing Law; Jurisdiction Without regard to any conflict of law's provisions, this Agreement is to be governed by and under the laws of the state of Minnesota. 17. Facsimile Signatures The delivery of signatures to this Agreement by facsimile transmission shall be binding as original signatures. 3 Part of the MacQueen Equipment Group www,macqueengroup. com -  M Ilk EME RGENCY P lilr 18. Entire Agreement This Agreement shall be the exclusive agreement between the parties for the Product. Additional or different terms proposed by the Customer shall not be applicable, unless accepted in writing by MacQueen' s authorized representative. No change in, modification of,or revision of this Agreement shall be valid unless in writing and signed by MacQueen's authorized representative. 19. Conflict In the event of a conflict between the Customer Specifications and the MacQueen Proposal, the MacQueen Proposal shall control. 20. Signatures This Agreement is not effective unless and until it is approved, signed and dated by MacQueen's authorized representative. Accepted and Agreed to: MACQUEEN EQUIPMENT, INC. City of Winona Signature: Signature: Name: Name: Title: Title: Date: Date: 4 Part of the MacQueen Equipment Group ww w, comacqueengroup.  MACQUEEN 0> EMERGENCY GROUP A EXHIBIT A — PURCHASE DETAIL FORM MacQueen Equipment, Inc. 1125 7th Street East St. Paul, MN 55106 Customer Name City Of Winona Date 2019 3/8/ Quantity Chassis Type Body Type Price per Unit 1 1 1992 Freightliner Rescue 61,000 Warranty Period - No warranty included with this used apparatus. Payment Terms Payment of $ 20,000 is due within 15 days of a signed contract. With the remainder due upon delivery of the apparatus. THIS PURCHASE DETAIL FORM IS EXPRESSLY SUBJECT TO THE PURCHASE AGREEMENT TERMS AND CONDITIONS DATED AS OF March 8, 2019 BETWEEN MACQUEEN AND CITY OF WINONA WHICH TERMS AND CONDITIONS ARE HEREBY INCORPORATED IN, AND MADE PART OF, THIS PURCHASE DETAIL FORM AS THOUGH EACH PROVISION WERE SEPARATELY SET FORTH HEREIN, EXCEPT TO THE EXTENT OTHERWISE STATED OR SUPPLEMENTED BY MACQUEEN HEREIN. In an effort to ensure the above stated terms and conditions are understood and adhered to, MacQueen requires an authorized individual from the purchasing organization to sign and date this proposal and include it with any purchase order. Upon signing of this proposal, the terms and conditions stated herein will be considered binding and accepted by the Hospers Fire Department. The terms and acceptance of this proposal will be governed by the laws of the state of Minnesota. Venue of any claim regarding this proposal will lie in the county Customer is located. No additional terms or conditions will be binding upon MacQueen unless agreed to in writing and signed by a duly authorized officer of MacQueen. 5 Part of the MacQueen Equipment Group www.macqueengroup. com  MACQUEEN EMERGENCY GROUP 4 MACQUEEN EMERGENCY GROUP By L the authorized representative of The City Of Winona, agree to purchase the 1992 Marion Rescue and agree to the terms of this proposal. Signature on Part ufthe MocQueen t Group  Agenda Section: New Business Originating Department: Date No: 5 Parks and Recreation 19 03/ 18/ 1 Item: Winona Community Foundation Grant Application No. 5.7 SUMMARY OF REQUESTED ACTION: City staff in the Parks and Recreation Department is seeking authorization to submit a grant application to the Winona Community Foundation (WCF)in the amount of $10,000. The scope of the grant application is to help secure funding for free creative special events programs held in City Parks and Properties under the programming title of WINONArts. This is the second year of this programming, which reached over 13,000 attendees last year and included the Grand Opening of Levee Park, the Floating Concerts in Lake Park, and Movies Under the Stars (in the park) and Out Door Dances such as the swing dance on Third Street. If awarded the grant funds will be used, along with corporate sponsorship funds that have been secured and a portion of the City budgeted funds, for Parks programming allocated in the 2019 budget to continue the second year of these events. These grant funds would greatly help meet the current budget needs for 10 programs that allow access across all spectrums of our community to occur. If the Council concurs, a motion to approve the attached resolution would be in order.  RESOLUTION WHEREAS, the City of Winona is looking to provide free creative special events programming for all Winonans; and WHEREAS, grant funding is available through the Winona Community Foundation. NOW, THEREFORE, BE IT RESOLVED that the Winona City Council approves the submission of a proposal to the Winona Community Foundation. If awarded the grant funds will be used toward special event programs for 2019 to be held in City parks and facilities and approves these projects if funded. Dated this day of 2019. Mark F. Peterson Mayor Attest: Monica Hennessy Mohan City Clerk  REQUEST FOR COUNCIL ACTION Agenda Section: Council Concerns Originating Department: Date: No: 7 City Clerk 03118119 Item: Council Concerns No. 7.1 SUMMARY OF REQUESTED ACTION: Time is reserved for Council Concerns. Department Approval: City alter Approval: M  0 0. 0, 0 Agenda Section: Consent Agenda Originating Department: Date: No: 8 City Clerk 19 03/ 18/ Item: Consent Agenda SUMMARY OF REQUESTED ACTION: City Clerk: Item No. 8.1: Approval of Minutes— March 4, 2019 Minutes of the March 4, 2019 City Council meeting have been distributed. If the minutes are satisfactory, a motion to approve same would be in order. City Clerk: Item No. 8.2: Claim Against the City by Aaren Reidel Aaren Reidel has filed a claim against the city for damages to his mailbox after being struck by a city plow. The claim has been forwarded to the League of Minnesota Cities- Insurance Trust, and is on file in the City Clerk's Office. City Clerk: Item No. 8.3: Claim Against the City by Nate Beyerstedt Nate Beyerstedt has filed a claim against the city for damages his vehicle after being struck by a city plow. The claim has been forwarded to the League of Minnesota Cities- Insurance Trust, and is on file in the City Clerk's Office. Department Approval: ( City Manager Approval: