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Home My WebLink About2000-10-03 CC Packet1 4 . REGULAR MEETING RECESSED MEETING CALL TO ORDER. ROLL CALL OTHER BUSINESS 1. Issuance of Tax Increment Refunding Bonds 2. Bond Call STAFF REPORTS 1. Police Chief 2. Fire Chief CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Approval of September 19, 2000 City Council Minutes. PETITIONS. INDIVIDUAL,,S IEI,FGA,TONS & COMMENDATIONS 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. CONSENT AGENDA* 1. Resolution 2000 -259, Directing Payment of Bills 2. Redirection of Approved Capital Funds for a new audio - visual "book" return to the purchase of a public laser printer. 3. Resolution 2000 -260, HVAC Planned Service Agreement with Johnson Controls — Resolution. 4. Resolution 2000 -261, Assessment of former Kern- Pauley lot 5. Approval to hang signs on the fire station and on the Lily Lake Recreation sign. 6. Approval for Bingo for Church of St. Michael (held at St. Mary's School Building due to construction) 7. Resolution 2000 -262, Reapportioning Special Assessments for Heartland Office Village Subdivision PUBLIC HEARINGS 1. This is the date and time for the public hearing to consider to consider a request an appeal of the Planning Commission's decision from Jim and Julie Moy for a variance to accessory buildings regulations for an additional garage and a variance to the square footage (1,000 square feet maximum, 1,334 square feet requested) at 720 North Everett Street in the RB, Two Family Residential District. Case No. V/00 -62. (Resolution) UNFINISHED BUSINESS * *REVISED AGENDA ** CITY OF STILLWATER CITY COUNCIL MEETING NO. 00 -21 Council Chambers, 216 North Fourth Street October 3, 2000 4:30 P.M. AGENDA 4:30 P.I. 7:00 P.M. 3. City Clerk 5. Community Dev. Director 7. City Attorney 4. Director of Admin. 6. City Engineer /PWD 8. City Administrator 7:00 P.M. AGENDA Comments on the BCWD draft plan. Adoption of Ramsey Alley assessment roll. (Resolution) Eagle Ridge Property Purchase (former water tower property) Case No. V/00 -54, Findings of Fact for a variance denial to the side yard setback (10 feet required, 2 inches proposed) for construction of access window wells at 838 West Willard Street in the RB, Duplex Residential District. NEW BUSINESS 1. Joint Board Items. 2. Case No. Sub /00 -63, request from Jim Jungmann for a request to resubdivide Lot 17, Blk 1, Oak Glen 12th Addition, Lot 18, Block 1, Oak Glen 12th Addition and Lot 22, Block 1, Oak Glen 12th Addition to add 15 feet to Lots 17 and 18, Block 1, Oak Glen 12th Addition. (Resolution) PETITIONS. INDIVIDUALS. T?ET,EGATT,ONS & COMMENDATIONS (continued) COMMUNICATIONS/REOUESTS COUNCIL REOUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * 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. • • REGULAR MEETING RECESSED MEETING CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Issuance of Tax Increment Refunding Bonds 2. Bond Call STAFF REPORTS 1. Police Chief 2. Fire Chief CALL TO ORDER ROLL CALL AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO. 00 -21 Council Chambers, 216 North Fourth Street October 3, 2000 4:30 P.M. AGENDA 3. City Clerk 5. Community Dev. Director 7. City Attorney 4. Director of Admin. 6. City Engineer/PWD 8. City Administrator 7:00 P.M. AGENDA APPROVAL OF MINUTES - Approval of September 19, 2000 City Council Minutes. 4:30 P.M. 7:00 P.M. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 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. CONSENT AGENDA* 1. Resolution 2000 -258, Directing Payment of Bills 2. Redirection of Approved Capital Funds for a new audio - visual "book" return to the purchase of a public laser printer. 3. Resolution 2000 -259, HVAC Planned Service Agreement with Johnson Controls — Resolution. 4. Resolution 2000 -260, Assessment of former Kern- Pauley lot 5. Approval to hang signs on the fire station and on the Lily Lake Recreation sign. PUBLIC HEARINGS 1. This is the date and time for the public hearing to consider to consider a request an appeal of the Planning Commission's decision from Jim and Julie Moy for a variance to accessory buildings regulations for an additional garage and a variance to the square footage (1,000 square feet maximum, 1,334 square feet requested) at 720 North Everett Street in the RB, Two Family Residential District. Case No. V/00 -62. (Resolution) UNFINISHED BUSINESS 1. Comments on the BCWD draft plan. 2. Adoption of Ramsey Alley assessment roll. (Resolution) 3. Eagle Ridge Property Purchase (former water tower property) 4. Case No. V/00 -54, Findings of Fact for a variance denial to the side yard setback (10 feet required, 2 inches proposed) for construction of access window wells at 838 West Willard Street in the RB, Duplex Residential District. • • • MINNEAPOLIS NEW YORK SEATTLE DENVER WASHINGTON, D.C. DES MOINES ANCHORAGE LONDON COSTA MESA City of Stillwater, Minnesota [ORIGINAL PURCHASER] Re: $2,265,000* General Obligation Tax Increment Refunding Bonds, Series 2000F City of Stillwater, Washington County, Minnesota Ladies and Gentlemen: DORSEY & WHITNEY LLP PILLSBURY CENTER SOUTH 220 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402 -1498 TELEPHONE: (612) 340 -2600 FAX: (612) 340 -2868 BILLINGS GREAT FALLS MISSOULA BRUSSELS FARGO HONG KONG ROCHESTER SALT LAKE CITY VANCOUVER As Bond Counsel in connection with the authorization, issuance and sale by the City of Stillwater, Washington County, Minnesota (the City), of the obligations described above, dated, as originally issued, as of November 15, 2000 (the Bonds), we have examined certified copies of certain proceedings taken, and certain affidavits and certificates furnished, by the City in the authorization, sale and issuance of the Bonds, including the form of the Bonds. As to questions of fact material to our opinion, we have assumed the authenticity of and relied upon the proceedings, affidavits, and certificates furnished to us without undertaking to verify the same by independent investigation. From our examination of such proceedings, affidavits, and certificates and on the basis of existing law, it is our opinion that: 1. The Bonds are valid and binding general obligations of the City, enforceable in accordance with their terms. 2. The principal of and interest on the Bonds are payable primarily from ad valorem tax increments to be received by the City from tax increment districts within Municipal Development District No. 1 which have been pledged to the payment of the Bonds, but, if necessary for payment thereof, ad valorem taxes are required by law to be levied on all taxable property in the City, which taxes are not subject to any limitation as to rate or amount. 3. Interest on the Bonds (a) is not includable in gross income for federal income tax purposes or in taxable net income of individuals, estates, or trusts for Minnesota income tax purposes; (b) is includable in taxable income of corporations and financial institutions for purposes of the Minnesota franchise tax; (c) is not an item of tax preference includable in alternative minimum taxable income for purposes of the federal alternative minimum tax applicable to all taxpayers or the Minnesota alternative minimum tax applicable to individuals, estates, and trusts; and (d) is includable in adjusted current earnings of corporations in determining alternative minimum taxable income for purposes of federal and Minnesota alternative minimum taxes. City of Stillwater, Minnesota [ORIGINAL PURCHASER] Page two Dated this day of November, 2000. DORSEY & WHITNEY LLP The opinions express in paragraphs 1 and 2 above are subject, as to enforceability, to the effect of any state or federal laws relating to bankruptcy, insolvency, reorganization, moratorium, or creditors' rights and the application of equitable principles, whether considered at law or in equity. The opinions expressed in paragraph 3 above are subject to the condition of the City's compliance with all requirements of the Internal Revenue Code of 1986, as amended, that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon may be, and continue to be, excluded from gross income for federal income tax purposes. The City has covenanted to comply with these continuing requirements. Its failure to do so could result in the inclusion of interest on the Bonds in federal gross income and in Minnesota taxable net income, retroactive to the date of issuance of the Bonds. Except as stated in this opinion, we express no opinion regarding federal, state or other tax consequences to holders of the Bonds. We have not been engaged, and have not undertaken, to review the accuracy, completeness or sufficiency of any offering materials relating to the Bonds, and, accordingly, we express no opinion with respect thereto. * Subject to change Very truly yours, • • • • • Members absent: CERTIFICATION OF MINUTES RELATING TO $2,265,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2000F Issuer: City of Stillwater, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on October 3, 2000, at 7:00 o'clock P. M. at the City Hall. Members present: Documents Attached: Minutes of said meeting (pages): TERMS OF PROPOSAL RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $2,265,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2000F I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer on October 3, 2000. City Clerk Councilmember introduced the following resolution and moved its adoption, which motion was seconded by Councilmember RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $2,265,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2000F BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota (the City), as follows: SECTION 1. PURPOSE. It is hereby determined to be in the best interests of the City to issue its General Obligation Tax Increment Refunding Bonds, Series 2000F, in the principal amount of $2,265,000 (subject to change in accordance with the Terms of Proposal), pursuant to Minnesota Statutes, Chapter 475, to refund the 2002 through 2007 maturities, aggregating $2,245,000 in principal amount, of the City's $3,400,000 General Obligation Tax Increment Bonds, Series 1991C, originally dated September 1, 1991. SECTION 2. TERMS OF PROPOSAL. Springsted Incorporated, financial consultant to the City, has presented to this Council a form of Terms of Proposal for the Bonds which is attached hereto and hereby approved and shall be placed on file by the City Clerk. Each and all of the provisions of the Terms of Proposal are hereby adopted as the terms and conditions of the Bonds and of the sale thereof. Springsted Incorporated, as independent financial advisers, pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9) is hereby authorized to solicit proposals for the Bonds on behalf of the City on a negotiated basis. SECTION 3. SALE MEETING. This Council shall meet at the time and place shown in the Terms of Proposal, for the purpose of considering sealed proposals for the purchase of the Bonds and of taking such action thereon as may be in the best interests of the City. Upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. • • • • THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: • • Proposals for the Bonds will be received on Tuesday, November7, 2000, until 12:00 Noon, Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 8:00 P.M., Central Time, of the same day. 2002 $320,000 2003 $355,000 TERMS OF PROPOSAL $2,265,000* CITY OF STILLWATER, MINNESOTA GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2000F (BOOK ENTRY ONLY) SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (651)223 -3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated November 15, 2000, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2001. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts as follows: 2004 $370,000 2005 $390,000 2006 $405,000 2007 $425,000 The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be in a total amount not to exceed $35, 000 and will be made in multiples of $5, 000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. BOOK ENTRY SYSTEM -i- The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser. as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The Bonds will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge tax increment revenues from the City's Development District #1. The proceeds will be used for a current refunding of the 2002 through 2007 maturities of the City's outstanding $3,400,000 General Obligation Tax Increment Bonds, Series 1991C, dated September 1, 1991. TYPE OF PROPOSALS Proposals shall be for not less than $2,250,277 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $22,650, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, -n- 6 • • or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii)reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a . rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. TheCUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York. New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney LLP of Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:OONoon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2- 12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Bonds, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Bonds. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly -final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 90 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City 0 it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated October 3, 2000 BY ORDER OF THE CITY COUNCIL -iv- /s/ Diane Ward Clerk • • • A • • • CONTINUING DISCLOSURE CERTIFICATE APPENDIX II Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2 -12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2 -12), relating to continuing disclosure (as in effect and interpreted from time to time, the Rule), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. The City has complied in all material respects with any undertaking previously entered into by it under the Rule. If the City fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of the Bond for federal income tax purposes. (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: (1) on or before 365 days after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2000, the following financial information and operating data in respect of the City (the Disclosure Information): (A) the audited financial statements of the City for such fiscal year, containing balance sheets as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, showing in comparative form such figures for the preceding fiscal year of the City, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) to the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under headings: City Property Values; City Indebtedness; and City Tax Rates, Levies and Collections. Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to each of the repositories hereinafter referred to under subsection (c) or the SEC. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b)(1) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner, notice of the occurrence of any of the following events which is a Material Fact (as hereinafter defined): (A) Principal and interest payment delinquencies; (B) Non - payment related defaults; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions or events affecting the tax - exempt status of the security; (G) Modifications to rights of security holders; (H) Bond calls; (1) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities; and (K) Rating changes. As used herein, a Material Fact is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a Material Fact is also an event 11 -2 • • • 4 • • • that would be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder; (B) the amendment or supplementing of this section pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); (C) the termination of the obligations of the City under this section pursuant to subsection (d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. (c) Manner of Disclosure. The City agrees to make available the information described in subsection (b) to the following entities by telecopy, overnight delivery, mail or other means, as appropriate: (1) the information described in paragraph (1) of subsection (b), to each then nationally recognized municipal securities information repository under the Rule and to any state information depository then designated or operated by the State of Minnesota as contemplated by the Rule (the State Depository), if any; (2) the information described in paragraphs (2) and (3) of subsection (b), to the Municipal Securities Rulemaking Board and to the State Depository, if any; and (3) the information described in subsection (b), to any rating agency then maintaining a rating of the Bonds at the request of the City and, at the expense of such Bondowner, to any Bondowner who requests in writing such information, at the time of transmission under paragraphs (1) or (2) of this subsection (c), as the case may be, or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. (d) Term: Amendments: Interpretation. (1) The covenants of the City in this section shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. 11 -3 (2) This section (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c)(3) hereof) or the consent of the Owners of any Bonds, by a resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (1) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraphs (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. 11-4 • • • $2,265,000 General Obligation Tax Increment Refunding Bonds, Series 2000F Presented to: Mayor Jay L. Kimble Members, City Council Mr. Nile Kriesel, Coordinator City of Stillwater 216 North Fourth Street Stillwater, MN 55082 • Study No.: S0784K4 SPRINGSTED Incorporated September 27, 2000 Recommendations For City of Stillwater, Minnesota pi SPRINGSTED Public Finance Advisors We recommend the following for the Bonds: 1. Action Requested 4. Principal Amount of Offering 5. Repayment Term 6. Source of Payment We respectfully request your consideration of our recommendations for the above -named issue. Bond proceeds will be used to refinance, on a current basis, the City's outstanding General Obligation Tax Increment Refunding Bonds, Series 1991C, to achieve interest cost savings. These savings will serve to reduce the amount of tax increment revenue required to fund debt service payments. RECOMMENDATIONS Re: Recommendations for the Issuance of $2,265,000 General Obligation Tax Increment Refunding Bonds, Series 2000F 7 Prepayment Provisions To establish the date and time of receiving bids and establish the terms and conditions of the offering. 2. Sale Date and Time Tuesday, November 7, 2000 at 12:00 Noon, with consideration for award by the City Council at 8:00 P.M. that same day. November 7, 2000 is an election day and the City Council meeting cannot begin until after the polls close at 8:00 P.M. 3. Authority and Purpose for the Bond Issue The Bonds are being issued pursuant to Minnesota Statutes, Chapters 469 and 475. Bond proceeds will be used to refinance, on a current basis, the City's outstanding General Obligation Tax Increment Refunding Bonds, Series 1991C. $2,265,000. We have made a provision to adjust the size of the issue, up or down, in an amount up to $35,000 at the time of sale. This will allow for any necessary adjustments based on final costs. The Bonds will mature annually February 1, 2002 through 2007. Interest will be payable semi - annually each February 1 and August 1, commencing August 1, 2001. The Bonds will be general obligations of the City to be repaid from tax increment revenues, as were pledged to the repayment of the Series 1991C Bonds. Tax increment revenues pledged to the repayment of the Series 1991C Bonds will now be pledged to this issue. Due to their short maturity the Bonds will not be callable in advance of their stated maturity dates. • • • City of Stillwater, Minnesota September 27, 2000 • 8. Credit Rating Comments • • 9. Federal Treasury Regulations Concerning Tax - Exempt Obligations (a) Bank Qualification (b) Rebate Requirements (c) Bona Fide Debt Service Fund An application will be made to Moody's Investors Service for a rating on the Bonds. The City's current credit rating is "A2 ". Under Federal Tax Law, financial institutions cannot deduct from income for federal income tax purposes, expense that is allocable to carrying and acquiring tax - exempt bonds. There is an exemption to this for "bank qualified" bonds, which can be so designated if the issuer does not issue more than $10 million of tax exempt bonds in a calendar year. Issues that are bank qualified generally receive slightly lower interest rates than issues that are not bank qualified. Because the current refunding is not fully included in the $10 million limit, the City has not exceeded the $10 million threshold in 2000 and the Bonds are therefore bank qualified. All tax - exempt issues are subject to the federal arbitrage and rebate requirements, which require all excess earnings created by the financing to be rebated to the U.S. Treasury. The requirements generally cover two categories: bond proceeds and debt service funds. There are exemptions from rebate in both of these categories. Regarding Bond proceeds, the City will not owe any rebate from the investment of proceeds since the proceeds will be spent within three months to redeem the Series 1991C Bonds, and will therefore meet the six -month spend down exemption for rebate. The City must maintain a bona fide debt service fund for the Bonds or be subject to yield restriction. This requires restricting the investments held in the debt service fund to the yield on the Bonds and /or paying back excess investment earnings in the debt service fund to the federal government. A bona fide debt service fund is a fund for which there is an equal matching of revenue to debt service expense, with carry over permitted equal to the greater of the investment earnings in the fund during that year or 1/12 the debt service of that year. Page 2 City of Stillwater, Minnesota September 27, 2000 (d) Economic Life 10. Continuing Disclosure The combined average life of the Series the Series 1991C Bonds and this issue cannot exceed 120% of the economic life of the projects originally financed. The Bonds are within the economic life requirements. The Bonds are subject to the SEC's continuing disclosure requirements. The SEC rules require the City to undertake an annual update of its Official Statement information and report any material events to the national repositories. The City has elected to provide its own continuing disclosure. 11. Attachments • Refunding Schedules • Terms of Proposal DISCUSSION The proceeds of the Bonds will be used to redeem, on February 1, 2001, the City's General Obligation Tax Increment Refunding Bonds, Series 1991C, dated September 1, 1991 and currently outstanding in the aggregate principal amount of $2,250,000. Because the Series 1991C Bonds will be refunded within 90 days of the issuance of the Bonds, the transaction will be conducted as a current refunding to achieve interest cost savings. A current refunding does not require the establishment of an escrow account and only the portion of the Bonds in excess of the Series 1991C Bonds count against the City's $10 million bank qualification limitation. On February 1, 2001, $295,000 in principal of the outstanding Series 1991C Bonds is scheduled to mature. The City will use available tax increment revenue to make that payment, together with interest due in the amount of $83,725, as originally scheduled. Bond proceeds, together with $19,510 in estimated investment income expected to be earned by the City between bond closing and the February 1, 2001 call date, will be used on that date to prepay the remaining $2,245,000 of outstanding principal of the Series 1991C Bonds. The City will need to invest the bond proceeds for the period between the closing date and the call date. From discussions with the City staff, we have structured the refunding to provide for even annual reductions in debt service. Based upon current interest rate estimates, as a result of the refunding the City is expected to realize cashflow savings averaging approximately $22,900 annually. This would result in a net present value benefit to the City of approximately $122,700, taking into account costs associated with the refunding. The cashflow savings will be realized beginning in the year ending February 1, 2002. These savings will serve to reduce the amount of tax increment revenue required to fund debt service payments. Page 3 • • • • • City of Stillwater, Minnesota September 27, 2000 Page 5 shows the refunding summary. Page 6 shows the existing debt service for the Series 1991C Bonds. Page 7 shows the Series 1991C remaining debt service to maturity and to the call date. Page 8 shows the projected new debt service with respect to the Bonds, based on current interest rate estimates. Page 9 shows the debt service comparison and the projected annual cashflow savings of the Bonds to the Series 1991C Bonds, taking into account the non - refunded principal and interest payment due February 1, 2001. We will continue to monitor interest rates between now and the sale date and will advise you of changes affecting savings. Springsted Incorporated is pleased to again be of assistance to the City of Stillwater. Respectfully submitted, SPRINGSTED Incorporated Page 4 City of Stillwater, Minnesota $2,265,000 General Obligation Refunding Bonds Series 2000 Current Refunding of Series 1991C REFUNDING SUMMARY Dated 11/15/2000 Delivered 11/29/2000 SOURCES OF FUNDS Par Amount of Bonds $2,265,000.00 Accrued Interest from 11/15/2000 to 11/29/2000 3,966.42 TOTAL SOURCES $2,268,966.42 USES OF FUNDS Deposit to Current Refunding Fund 2,225,488.88 Costs of Issuance 23,675.00 Total Underwriter's Discount (0.650 %) 14,722.50 Deposit to Debt Service Fund 3,966.42 Rounding Amount 1,113.62 TOTAL USES $2,268,966.42 FLOW OF FUNDS DETAIL State and Local Government Series (SLGS) rates for 9/06/2000 CURRENT REFUNDING ESCROW SOLUTION METHOD Net Funded Total Cost of Investments $2,225,488.88 Interest Earnings @ 5.133% 19,511.12 TOTAL DRAWS $2,245,000.00 ISSUES REFUNDED AND CALL DATES Series 1991C 2/01/2001 PRESENT VALUE ANALYSIS SUMMARY (NET TO NET) Net PV Cashflow Savings @ 4.532% (Bond Yield) 117,623.46 Accrued Interest Credit to Debt Service Fund 3,966.42 Contingency or Rounding Amount 1,113.62 NET PRESENT VALUE BENEFIT $122,703.50 NET PV BENEFIT/ $2,245,000 REFUNDED PRINCIPAL 5.466% NET PV BENEFIT / $2,265,000 REFUNDING PRINCIPAL 5.417% BOND STATISTICS Average Life 3.865 Years Average Coupon 4.5393518% Net Interest Cost (NIC) 4.7075481% Bond Yield for Arbitrage Purposes 4.5322514% True Interest Cost (TIC) 4.7226988% All Inclusive Cost (AIC) 5.0326057% Springsted Incorporated File = Sllllwater.sf- Series 2000 Ref 1991C- Series 1991C Public Finance Advisors 9/19/2000 2:36 PM Page 5 • • • Date YIELD STATISTICS City of Stillwater, Minnesota $3,400,000 General Obligation Tax Increment Bonds Series 1991C PRIOR ORIGINAL DEBT SERVICE Principal Coupon Interest Total P +I 2/01/1992 2/01/1993 310,303.13 310,303.13 2/01/1994 219,037.50 219,037.50 2/01/1995 219,037.50 219,037.50 2/01/1996 - - 219,037.50 219,037.50 2/01/1997 75,000.00 5.750% 219,037.50 294,037.50 2/01/1998 245,000.00 5.900% 214,725.00 459,725.00 2/01/1999 260,000.00 6.000% 200,270.00 460,270.00 2/01/2000 280,000.00 6.150% 184,670.00 464,670.00 2/01/2001 295,000.00 6.300% 167,450.00 462,450.00 2/01/2002 315,000.00 6.400% 148,865.00 463,865.00 2/01/2003 335,000.00 6.500% 128,705.00 463,705.00 2/01/2004 360,000.00 6.600% 106,930.00 466,930.00 2/01/2005 385,000.00 6.700% 83,170.00 468,170.00 2/01/2006 410,000.00 6.750% 57,375.00 467,375.00 2/01/2007 440,000.00 6.750% 29,700.00 469,700.00 Total 3,400,000.00 2,508,313.13 5,908,313.13 Average Life 3.477 Years Weighted Average Maturity (Par Basis) 3.438 Years Average Coupon 6.6819240% Springsted Incorporated File = Stillwater.sf -Series 1991C- SINGLE PURPOSE Public Finance Advisors 9/19/2000 2:36 PM Page 6 Springsted Incorporated City of Stillwater, Minnesota $3,400,000 General Obligation Tax Increment Bonds Series 1991C DEBT SERVICE TO MATURITY AND TO CALL Date Refunded Bonds D/S To Call Principal Coupon Interest 2/01/2001 2,245,000.00 2,245,000.00 - 6.300% - 2/01/2002 - 315,000.00 6.400% 148,865.00 2/01/2003 335,000.00 6.500% 128,705.00 2/01/2004 360,000.00 6.600% 106,930.00 2/01/2005 385,000.00 6.700% 83,170.00 2/01/2006 410,000.00 6.750% 57,375.00 2/01/2007 440,000.00 6.750% 29,700.00 Total 2,245,000.00 2,245,000.00 2,245,000.00 - 554,745.00 YIELD STATISTICS Average Life 3.906 Years Weighted Average Maturity (Par Basis) 3.867 Years Average Coupon 6.3262460% Refunded D/S 463,865.00 463,705.00 466,930.00 468,170.00 467,375.00 469,700.00 2,799,745.00 File = Stillwater.sf- Series 1991C-SINGLE PURPOSE Public Finance Advisors 9/19/2000 2:36 PM Page 7 • • • City of Stillwater, Minnesota $2,265,000 General Obligation Refunding Bonds Series 2000 Current Refunding of Series 1991C DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P +I 2/01/2001 2/01/2002 320,000.00 4.400% 123,525.77 443,525.77 2/01/2003 355,000.00 4.425% 87,913.76 442,913.76 2/01/2004 370,000.00 4.450% 72,205.00 442,205.00 2/01/2005 390,000.00 4.500% 55,740.00 445,740.00 2/01/2006 405,000.00 4.550% 38,190.00 443,190.00 2/01/2007 425,000.00 4.650% 19,762.50 444,762.50 Total 2,265,000.00 397,337.03 2,662,337.03 SIGNIFICANT DATES Dated Date 11/15/2000 Delivery Date 11/29/2000 First Coupon Date 8/01/2001 Accrued Interest from 11/15/2000 to 11/29/2000 3,966.42 YIELD STATISTICS Accrued Interest from 11/15/2000 to 11/29/2000 3,966.42 Bond Year Dollars $8,753.17 Average Life 3.865 Years Average Coupon 4.5393518% Net Interest Cost (NIC) 4.7075481% True Interest Cost (TIC) 4.7226988% Bond Yield for Arbitrage Purposes 4.5322514% All Inclusive Cost (AIC) 5.0326057% IRS FORM 8038 Net Interest Cost 4.5397210% Weighted Average Maturity 3.826 Years Springsted Incorporated File = Stillwater.sf -Series 2000 Ref 1991 C -Series 1991C Public Finance Advisors 9/19/2000 2:36 PM Page 8 Date Total P +I 2/01/2001 - 2/01/2002 443,525.77 2/01/2003 442,913.76 2/01/2004 442,205.00 2/01/2005 445,740.00 2/01/2006 443,190.00 2/01/2007 444,762.50 City of Stillwater, Minnesota $2,265,000 General Obligation Refunding Bonds Series 2000 Current Refunding of Series 1991C DEBT SERVICE COMPARISON Existing D/S Net New D/S 378,725.00 378,725.00 443, 525.77 442,913.76 442,205.00 445,740.00 443,190.00 444,762.50 Old Net D/S 378,725.00 463,865.00 463, 705.00 466,930.00 468,170.00 467,375.00 469, 700.00 3,178,470.00 Savings 20,339.23 20,791.24 24,725.00 22,430.00 24,185.00 24,937.50 137,407.97 Total 2,662,337.03 378,725.00 3,041,062.03 PRESENT VALUE ANALYSIS SUMMARY (NET TO NET) Net FV Cashflow Savings 137,407.97 Gross PV Debt Service Savings 117,623.46 Net PV Cashflow Savings @ 4.532% (Bond Yield) 117,623.46 Accrued Interest Credit to Debt Service Fund 3,966.42 Contingency or Rounding Amount 1,113.62 NET FUTURE VALUE BENEFIT $142,488.01 NET PRESENT VALUE BENEFIT $122,703.50 NET PV BENEFIT / $493,311.23 PV REFUNDED INTEREST 24.873% NET PV BENEFIT / $2,386,589.88 PV REFUNDED DEBT SERVICE 5.141% NET PV BENEFIT/ $2,245,000 REFUNDED PRINCIPAL 5.466% NET PV BENEFIT / $2,265,000 REFUNDING PRINCIPAL 5.417% Springsted Incorporated File = Stillwater.sf- Series 2000 Ref 1991C -Series 1991C Public Finance Advisors 9/19/2000 2:36 PM Page 9 • • • THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: 2002 $320,000 2003 $355,000 TERMS OF PROPOSAL $2,265,000* CITY OF STILLWATER, MINNESOTA GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2000F (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, November 7, 2000, until 12:00 Noon, Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 4:30 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated November 15, 2000, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2001. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts as follows: 2004 $370,000 2006 $405,000 2005 $390,000 2007 $425,000 The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be in a total amount not to exceed $35, 000 and will be made in multiples of $5, 000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single Page 10 TYPE OF PROPOSALS maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The Bonds will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge tax increment revenues from the City's Development District #1. The proceeds will be used for a current refunding of the 2002 through 2007 maturities of the City's outstanding $3,400,000 General Obligation Tax Increment Bonds, Series 1991C, dated September 1, 1991. Proposals shall be for not less than $2,250,277 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $22,650, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. Page 11 4 • • • The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney LLP of Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2- 12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Bonds, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Bonds. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly -final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. Page 12 The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 90 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated October 3, 2000 BY ORDER OF THE CITY COUNCIL 9/27/00 9:25 AM /s/ Diane Ward Clerk Page 13 • te a. 1 " • A •) 18 ' 33''6" •i 120 WILLARD STREET • • 1 1 1 • • • 15 12 1 • • • TO: Mayor and Council FR: City Administrator RE: Bond call DA: September 29, 2000 MEMORANDUM Discussion: As stated in another memo to Council for this meeting, Dave MacGillivary, Springsted, Inc. will be at the 4:30 P.M. meeting to present a report and recommendation in regard to the issuance of a bond to redeem GO Tax Increment Refunding Bonds, Series 1991C . I will also be asking the Council to authorize staff to begin preparation for "calling" the following bonds: $2,600,000 Improvement Bonds of 1991 -A and $1,400,000 Improvement Bonds of 1993 -B. The bonds would be called on 2/1/01 and notice needs to be given to the bond holders within the next 30 days if we are to call the bonds. The purpose for calling these bonds is to eliminate the debt service payment schedule of the bonds. The debt service funds associated with the bonds and the Permanent Improvement Fund presently have cash available to pay off the bonds at this time. By doing so the City will improve its debt service limit. Although a transfer of approximately $118,000 from the Permanent Improvement Fund will be needed in order to have enough cash to call the bonds, the two debt service funds will have deferred assessment principal of approximately $275,000 remaining after the bonds are called. This revenue can be placed in the Permanent Improvement Fund. Therefore, the Permanent Improvement Fund will "net" about $157,000 in principal and interest over the next 5 years. Recommendation: Council authorize staff to begin process to call $2,600,000 Improvement Bonds of 1991 -A and $1,400,000 Improvement Bonds of 1993 -B. -027:a-( City of Stillwater, Minnesota General Obligation Tax Increment Refunding Bonds, Series 2000E September 2000 October 2000 5 m 1 w in r 5 5 m 1 W in 12 1 2 3 4 5 3 4 5 b / b 9 ti 9 10 11 12 1U 11 12 13 14 15 1b 15 1b 1/ 1t3 19 1/ 'lb 19 20 21 22 13 22 23 24 25 25 24 25 26 2 / 28 29 30 29 3U 31 November 2000 m 1 w in 1 2 5 12 19 25 Date 5 / 13 14 20 21 2/ 1 2t3 September 29, 2000 September 28, 2000 October 3, 2000 October 17, 2000 October 23, 2000 (Noon) October 24, 2000 a SPRINGSTED 15 22 29 9 15 23 3U BOND SALE CALENDAR r 3 1U 1 / 24 4 11 1ti 25 Action Item Information sent to Springsted for use in Official Statement Recommendations and Bond Resolutions delivered to City City Council meeting to consider resolution setting sale date Draft of Official Statement sent to participants for review Comments on draft Official Statement due to Springsted by noon Print and mail Official Statement to underwriters. Application made to Moody's for a rating Draft dated 9/27/00 t- 5 13 20 2/ December 2000 5 m 1 W in t- 1 2 3 4 5 5 / ti 9 1U 11 12 13 14 15 15 1/ 'lb 19 2U 21 22 23 24 25 25 2 / 2t3 29 30 31 Participants City Staff Springsted Bond Counsel City Council Bond Counsel Springsted Springsted City Staff Bond Counsel Springsted / 14 21 City of Stillwater, Minnesota September 27, 2000 Page 2 III Week of October 30, 2000 Rating by Moody's Investors Service • • November 7, 2000 Bids taken and tabulated. City Springsted Council consideration of award of City Council the bonds November 15, 2000 Addendum to Official Statement Springsted printed and distributed Late November 2000 Settlement of bonds; transfer of City funds to City Springsted Bond Counsel Underwriter 2 SPRINGSTED Issuer City of Stillwater Stillwater City Hall 216 North Fourth Street Stillwater, MN 55082 Fax: (651) 430 -8809 Mr. Nile Kriesel, City Coordinator (651) 430 -8801 nkriesel@ci.stillwater.mn.us Ms. Sharon Harrison, Assistant Finance Director (651) 430 -8812 sharrison@ci.stillwater.mn.us Financial Advisor Sprinpsted Incorporated 85 East 7th Place, Suite 100 St. Paul, MN 55101 Fax: (651) 223 -3002 Mr. David MacGillivray (651) 223 -3068 dmacgillivray @springsted.com Ms. Brenda Krueger (651) 223 -3065 bkrueger @springsted .com Ms. Carol Swanson (651) 223 -3069 cswanson @springsted.com SPRINGSTED DISTRIBUTION LIST September 27, 2000 Stillwater, Minnesota General Obligation Tax Increment Refunding Bonds, Series 2000E Bond Counsel Dorsey & Whitnev, LLP 220 South Sixth Street Pillsbury Center South, 19th Floor Minneapolis, MN 55402 -1498 Fax: (612) 340 -2644 Mr. John Kirby (612) 340 -5665 kirby.john @dorseylaw.com Chris Smith (612) 340 -7808 smith.chris @dorseylaw.com Diane Piechocki (612) 340 -2814 piechocki.diane @ dorseylaw.com S0784/GENERALBSCALENDAR • • CITY COUNCIL MEETING NO. 00-20 Council Chambers, 216 North Fourth Street September 19, 2000 • REGULAR MEETING 7:00 P.M. The meeting was called to order by Mayor Kimble Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Absent: None • Also present: City Administrator Kriesel City Attorney Magnuson City Engineer Eckles Police Chief Dauffenbach City Clerk Ward Planning Commission Chair Fontaine APPROVAL OF MINUTES Motion by Councilmember Thole, seconded by Councilmember Cummings approving the September 5, 2000 City Council minutes and September 13, 2000 Canvassing Board Minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Vern Stefan — Reauest for Sidewalks Mr. Vern Stefan reviewed his request for the placement of sidewalks along the south side of the building known as Maple Island owned by the Mainstream Development Partnership. Motion by Councilmember Cummings, seconded by Councilmember Thole directing this issue to the Downtown Parking Commission for their review and comment and to have staff to study the request, cost, and funding of providing sidewalks along the building and report back to Council at the October 3, 2000 meeting. All in favor. STAFF REPORTS Community Development Director Community Development Director Russell informed the Council of a Volunteer Work Day on Saturday, September 23 from 9 -Noon, for the Brown's Creek Trail Area. The Parks Board and the Open Space Committee is sponsoring the event. Councilmember Cummings stated that the summer intern and Mr. Russell's daughter who works for an engineering firm laid out the trail and then had a machine cut the trail. It will be a very nice ski trail and this area has the potential to be a super park. Councilmember Cummings requested that we formally designate this as a memorial trail to William Klapp. He would like to see this done before this goes any further. Community Development Director Russell stated that it would be put on the Park Board agenda at their next meeting. City Council Meeting 00 -20 September 19, 2000 Mr. Russell stated that there was not a payment to Mainstream Development the Payment of i o Bills. A payment received from Met Council for the reinvestment money that they received fro the grant, it is not City funds but Council has to approve it. The amount is approximately $9,500 and asked that this be added to the payment of bills. Motion by Councilmember Zoller, seconded by Councilmember Thole to add the payment of approximately $9,500 to Mainstream Development to the Payment of Bills. All in favor. Citv Engineer/Public Works Director City Engineer Eckles informed Council that US Homes would like to start some grading for Phase I immediately because they need to do some preloading of the soils and need about six months of preloading in order for the site to be ready for development. Even though they do not have final plat approval they request to go through the normal process of a grading permit and provide a 125% Letter of Credit to insure that the work is completed. Council authorized the grading permit to be executed. City Engineer Eckles requested that staff be allowed to receive proposals for the snowplowing for the St. Croix Valley Recreation Center. He felt that new bids should be received every couple of years. Motion by Councilmember Thole, seconded by Councilmember Cummings authorizing staff to receive • proposals for the snowplowing of the St. Croix Valley Recreation Center. All in favor. City Engineer Eckles requested the purchase of new radios for the new vehicles in Public Works and upgrade existing radios that are approximately 20 years old. He stated that there is $15,000. Councilmember Thole asked City Engineer Eckles when the Ramsey Alley project would be completed. City Engineer Eckles stated that the latest it would be completed would be approximately the middle of October. Councilmember Cummings asked if there was any problem with the sidewalk at the Sports Complex. Community Development Director Russell stated that the landscaping has yet to be done. CONSENT AGENDA Motion by Councilmember Thole, seconded by Councilmember Zoller to approve the consent agenda. All in favor. Resolution 2000 -253: Directing Payment of Bills Resolution 2000 -254: Authorizing Execution of Grant Agreement with Minnesota Department of Public Safety for Operation Nightcap (2001) Approval of Replacement of Metal & Cement Posts on Curve Crest and Washington Avenue 2 • ti • • • City Council Meeting 00 -20 September 19, 2000 Banner Request — Stillwater School District — American Education Week, November 10 -20, 2000 Approval Carli & Schulenburg's Addition Architectural Survey and Evaluation Purchase of Snowmobile and Groomer Resolution 2000 -255: Deleting Assessessments for 290 Deerpath Councilmember Bealka asked if a structure would be available to house the snowmobile and groomer. Community Development Director Russell stated that the snowmobile and groomer will be housed in a temporary metal building and is secured. PUBLIC HEARINGS Case V/00 -54. Consideration an appeal of the Planning Commission's decision for a variance to the side vard setback (10 feet required. 2 inches proposed) for construction of access window wells at 838 West Willard Street in the RB. Duplex Residential District.. Community Development Director Russell reviewed the request with Council and the reasons for the Planning Commissions denial of the variance to the side yard setback Planning Commission Chair Fontaine stated that the commission did not know where the actual property line was and that a survey should be in order. The second problem was that the Planning Commission felt that the variance was not the only solution, that they could have been placed on the east and the third problem was with procedure, that the window wells have already been placed. Councilmember Thole asked if a survey was done would the variance still be needed. Mr. Fontaine stated that 10 feet is required and according to the information the window wells are two inches from the property line. He felt that a survey would not alleviate the need for the variance. Mayor Kimble opened the public hearing. Mr. Duane Arndt, owner of the property, provided Council with photographs and a survey of the property. He stated that the main structure predates the platting of this property and in Lull's Addition, which was filed in the 1880's. The structure was placed in its present location in 1876. It was originally built as a stable and converted to a duplex in 1918 and remained a duplex until March 2000 when he began renovations. The survey will indicate that this structure was built in the back of Lot 4, Lull's Addition and indicates the distances from the property line that the building was built at, the building is grandfathered into the City Zoning and existed before the City Zoning was in existence. The renovation process has involved raising the building to allow for a foundation in its present location and constructing a complete basement under it. Mr. Arndt stated that the survey shows a distance of three feet. The markings on the survey are in the approximate location on the photographs. He stated that the structure has moved about four inches during the existence of the building and as part of the renovation the Johnson House Movers and carpenters pulled the building and realigned it so the wall was reasonably straight. That may account for the 3 -4 inches of difference between what the survey shows and the actual distance visible in the photographs. He stated that since this structure is grandfathered in the 3 City Council Meeting 00 -20 September 19, 2000 placement of egress wells was dictated by the confines of the topography of the lot. The east side of the building had grading that was substantially higher than the west side of the building and when the project is finished the original grade will return, which is necessary to get a prope slope and removal of water towards Willard Street. Mr. Arndt stated that if the basement is to be used in any reasonable manner it must have egress wells to allow an appropriate exit according to the building code. The layout of the lot does not reasonably allow the placement of window wells on the south or east side and continue to maintain the grade that was preexisting that should be returned to this lot when the project is complete. Obviously it is not physically impossible to put the window wells on the south or east side, but to use the lot in an appropriate way window wells on the east side if you return to grade are difficult to place. Mr. Arndt stated that neither the masonry contractor, nor the individual who prepared the plans, believe that a window well was a structure that required a variance for side yard purposes. He stated that when the personnel of the Inspection Department had contact with the masonry contractor he indicated that if the window wells were within the property line that they could be placed there, so the window wells were in fact put in place. He stated that the Inspection Department personnel advised the contractor about this issue and Mr. Buckley indicated that it could not be done. He stated that he was initially told that the City could not grant permission at all and that the City didn't even have authority to act on this issue. He stated that after some sifting out of the issues, he determined that a variance was an appropriate procedure to follow and a request for a variance was filed. Mr. Arndt stated that based on past zoning practices of the City that the City needs to grant this. variance, that it is an appropriate request and that it does not affect any adjoining properties use of their property. With respect to the reasonable expectation of use, he stated that this structure is grandfathered into the City. He felt he was entitled to make reasonable use of the property and that any other property owner in this district could place an egress well within their property and make use of their property, so he believes it is appropriate. He further stated that because of the past zoning practice of the zoning ordinance that this request should be granted. Ms. Jane LaRonge, 846 W. Willard, asked for the date of the survey and was it an on -site survey. She stated that to her knowledge there has not been an on -site survey done on this property since they have owned their property. Councilmember Thole asked what her opinion would be regardless of the survey. Ms. LaRonge stated that the survey should be done. She is opposed to the variance because at the Planning Commission it was stated that the egress windows were needed because there would be bedrooms in the basement. This property is zoned duplex. She stated that her concern was that the property would be rezoned as a triplex either now or in the future. She also stated that Mr. Arndt's previous tenants used her lawn to park their cars and allowed their animals to defecate on her lawn and there is a parking concern. Another concern she had is the third egress window that is not in compliance and there is a doorway placed, so that means there will be steps, which means that won't be in compliance either. She felt that Mr. Arndt is al proceeding without going through the proper procedures. 4 City Council Meeting 00 -20 September 19, 2000 Councilmember Thole asked Ms. Laronge if her concern is the impact to her neighborhood • because there may be more tenants Ms. LaRonge stated yes and the fact that she is not sure that the windows are not on her property. He used fence posts as a determination of property lines and her legal counsel stated that fence posts do not act as survey monuments for a property. • • Mr. Mike Robinson, 801 W. Pine, stated that the history that Mr. Arndt gave has little relation to the variance request. He understood that a variance request should be based on hardship and that no hardship has been presented to the Planning Commission or the City Council. The site has no irregular topography, especially considering the amount of excavation that went into digging the cellar that could have been easily graded for any drainage problems that Mr. Arndt addressed. Mr. Robinson stated that he brought up at the Planning Commission that there are three egress windows in a row and that if the neighbors put up a fence, it should be a valid concern on how emergency personnel will get to the middle egress window. These egress windows could have easily been placed on the east side, but it would interfere with the use of the lot. There is new construction on this site. The permit says "Other than new construction." There is new construction that is not in compliance, the photo shows part of it and he has another photo he would give Council. He stated that there was an old addition and it was completely ripped down and new construction replaced it. Also, a new porch is being constructed in the front that he believed is larger than what was there and he thought it encroached on the City's right -of -way and without a survey it is not known. He also stated that there was no plat plan submitted with the building permit. He believes there is a problem with safety issues, no hardship has been demonstrated, and egress windows could be easily placed on the east side. He felt that no hardship was presented at the Planning Commission level and none presented this evening he asked the City Council deny the request for a variance and that if a hardship is found that it be recorded in the minutes so that others could use that information to receive a variance. Councilmember Thole asked Mr. Fontaine if the matter of a neighbor putting up a fence was discussed at the Planning Commission. Planning Commission Chair Fontaine stated the Commission considered this and it was brought up at the Planning Commission hearing. He stated that getting to the middle egress would be a problem during the winter season by emergency personnel. Rita Grable, 801 W Pine Street, explained that when she put a fence up eight years ago, her husband discussed the fence with Mr. Arndt. Mr. Arndt informed them that we were off by 2 inches and that they would have to go to litigation about it. She stated that they didn't believe in litigation over 2 inches so they took Mr. Arndt's word for it. She stated that she finds it interesting that at that time Mr. Arndt knew within inches where his lot line was and that now he is not sure. Richard LaRonge, 846 W. Willard, stated he is upset by the fact that everything is done first and then the variances applied for. He stated the front porch setback from the middle of the street is another non - compliance issue that was done first. The door out the back will require one big step. If Mr. Arndt puts a platform there, Mr. Arndt is not in compliance again. Mr. Arndt stated that the answer to the question that was raised, as to what the use of the 5 City Council Meeting 00 -20 September 19, 2000 property will be, is it will be used as a single family dwelling and the planning and inspection departments have been advised of that. Councilmember Thole asked Mr. Arndt if he would be willing to give up his right to having a duplex in the future. Mr. Arndt stated that there are certain requirements for a duplex, such as egress and that once this project is completed this home would probably not qualify as a duplex. He stated that he would not be willing to make this declaration on the deed and that he felt it was inappropriate for the City to ask him to do that. Councilmember Thole stated that in order to achieve a compromise there may have to be some give and take on both sides. Mr. Arndt stated that he already expressed that when the house is done it will be a single - family dwelling. The inspection depai nuent asked if this building would be multifamily and Mr. Arndt stated that it would not be. He stated that it was his understanding that because of the plumbing and egress it would not qualify as a duplex. Councilmember Thole stated that Ms. LaRonge had some merit to what she was saying. She wanted her concerns alleviated so that three years from now it would not become a duplex. Mr. Arndt stated that if a subsequent buyer would try to convert this into a duplex, that person would have to apply for a permit and the City at that time would have authority under the housing standard to review it at that time. Councilmember Thole asked which Mr. Arndt would prefer, moving the wells or declaring this as a single family home, now and in the future. He stated that he is trying to find some middle ground. Mr. Arndt stated he would not agree to that. Mr. Arndt stated that the City inspection depai tinent has addressed the placement of the porch and has an opportunity to review it and is within the confines of the lot lines and is smaller than the one removed. He stated that the survey was done when the lot was split in 1970 and James Simonet, a licensed surveyor did the survey in 1970, and that it was provided to him at the time he purchased the property. Councilmember Thole asked if the lines on the photographs are computer generated or is that a line that someone put in. Mr. Arndt stated that the string is attached to posts that are embedded in the ground, the posts predate his ownership. He stated that he has contacted Mr. David Dupe and he will resurvey or provide confirmation of the survey. Councilmember Thole asked Mr. Arndt if he wouldn't oppose the Council's decision pending tho results of that survey. Mr. Arndt stated he would not oppose that. 6 • • • • City Council Meeting 00 -20 September 19, 2000 Mr. Arndt responded to the previous applications question by drawing attention to Planning Cases V /2000 -21, Case V/99 -48, V/99 -13, V/00 -23, V/00 -27, and V98 -20. Based on this zoning administration practice and past practices he felt he is entitled to this variance and asked Council to approve this variance. Councilmember Thole asked Mr. Arndt if he would like to respond to Mr. Robinson's concern as to access of egress wells in the event the neighbors erect a fence. Mr. Arndt stated that there are two things that need to be said. Mr. Robinson and Ms. Graybell were applicants for enlarging the B & B — The Elephant and at that time he and other neighbors in the general neighborhood opposed that request and felt that their thinking was a certain element of spite. He responded to the fence situation. He stated that the same argument and statement can be made about any variance and the need for access on the part of public safety. It is true of any circumstance at any time, not just related to access wells, it is related to anyone. He stated that if that were the case, it would be inappropriate for Council to grant any type of variance with public safety concerns. Ms. LaRonge, asked to see the pictures. She stated that the string is connected to fence posts and has been put up two different times and each time at a different location, that is why a survey needs to be done. Mr. LaRonge stated he is renovating his home next door and he is there all the time. He stated that he talked to the contractor digging the foundation and moving the home, and that the contractor indicated that it would be easy to move the house 5 -10 feet from the lot line once it is up on jacks. Mr. LaRonge wondered why he didn't do that because he had plenty of clearance to do that. He felt it was one fiasco after another. He stated that how would we know if these cases Mr. Arndt cited have any relevance to this issue. Councilmember Thole stated that Council has received a memo with his legal opinion on this issue. The cases Mr. Arndt cited and the past practices were cases where the neighbors did not object or did not have a reasonable objection. He also stated that Council tries to reach a compromise, but in this instance it does not sound like that can be accomplished. Mr. LaRounge stated that with the addition and the full basement the first thing that entered his mind was triplex. He also stated that it is not difficult to change things around to do make it a triplex and that if there are 2 -3 per occupancy you are talking a lot of cars, and public safety issues are a concern as well because there are a lot of children in the area. Mayor Kimble closed the public hearing. Councilmember Zoller stated that what is the purpose of having egress if a fence can be placed on the lot line. He felt it would be irresponsible for the City to approve this variance, that it could be potentially dangerous. • Councilmember Thole stated if Mr. Arndt would have agreed that it would stay single family and addressed the other concerns he would have gone along with it. City Attorney Magnuson advised Council to do a straw vote for their decision and direct staff to 7 City Council Meeting 00 -20 September 19, 2000 prepare Findings of Fact for adoption at the October 3, 2000 meeting. Motion by Councilmember Zoller, seconded by Councilmember Bealka to deny the variance and take a straw vote for their decision and direct staff to prepare Findings of Fact for adoption at the October 3, 2000 meeting. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller, and Mayor Kimble Nays: None UNFINISHED BUSINESS Approval of Purchase Agreement for Fagle Ridge Trail Property (formerly Water Tower Property) Motion by Councilmember Thole, seconded by Councilmember Cummings to table this issue. All in favor. Possible second reading of an ordinance on exception of land from the North Hill Moratorium Motion by Councilmember Thole, seconded by Councilmember Zoller adopting Ordinance No. 902 an Ordinance amending the North Hill Moratorium Ordinance. Ayes: Councilmember Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None Discussion on additional street lights in Industrial Park Area City Engineer Eckles provided information on the street lighting in the industrial park area. Motion by Councilmember Bealka, seconded by Councilmember Thole directing staff to provide more information on the lighting issues and return to Council at a future meeting. All in favor. NEW BUSINESS Calling for Hearing on Mulberry and Water Street Improvements Motion by Councilmember Thole, seconded by Councilmember Bealka adopting Resolution No. 2000- 257 calling for assessment hearing for Mulberry and Water Street Improvements (Project 2000 -05) Ayes: Councilmember Bealka, Cummings, Thole Zoller and Mayor Kimble Nays: None Ordering preparation for assessment roll for Ramsey Alley Improvements Motion by Councilmember Cummings, seconded by Councilmember Bealka adopting Resolution No. 2000 -256 ordering preparation of assessment roll for Ramsey Alley Improvements (Project 2000 -05A) Ayes: Councilmember Bealka, Cummings, Zoller and Mayor Kimble Nays: None Abstain: Councilmember Thole 8 • • • • • • City Council Meeting 00 -20 September 19, 2000 Case SUB/V /00 -55. Request from Jean M. Hamm for a subdivision to increase lot size from 5.500 square feet to 9.250 sgl.lare foot and a variance to lot size requirements (10.000 square feet required. 9.250 square feet requested) for the construction of a dun lex at 213 West Cherry Street in the RB. Two Family Residential Street. Community Development Director Russell reviewed the request by the applicant with Council. He also stated that the subdivision was approved but denied the variance by the Planning Commission unanimously. Motion by Councilmember Thole, seconded by Councilmember Cummings adopting Resolution 2000- 258 approving resubdivision and denying the variance. Ayes: Councilmember Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None STAFF REPORTS (continued) Attest: City Administrator Kriesel stated that the City should acknowledge the receipt of a $2,000 donation from Clifford Timm. Councilmember Cummings stated that his request said donated to Stillwater Parks and we have it designated into the Storm Water Utility Fund. City Administrator Kriesel stated that he would clarify this with Mr. Timm and he thought it would be more appropriate to place in a fund that deals with water quality issues. City Administrator Kriesel reviewed current Council Room reservation policy and asked for Council direction. Councilmember Cummings stated that non - partisan debates or forums would be acceptable, but anything else would cause equal time issues and problems with scheduling. It would be a great liability to the City. The policy should stay as it is. Councilmember Zoller agreed with Councilmember Cummings. ADJOURNMENT Motion by Councilmember Thole, seconded by Councilmember Bealka to adjourn the meeting at 8:45 p.m. All in favor. Diane Ward, City Clerk Jay Kimble, Mayor 9 City Council Meeting 00 -20 September 19, 2000 Resolution No. 2000 -253: Directing Payment of Bills Resolution No. 2000 -254: Authorizing Execution of Grant Agreement with Minnesota Department of Resolution No. 2000 -255: Deleting Assessessments for 290 Deerpath Resolution No. 2000 -256: Ordering preparation of assessment roll for Ramsey Alley Improvements (Project 2000 -05A) Resolution No. 2000 -257: Calling for assessment hearing for Mulberry and Water Street Improvements (Project 2000 -05) Resolution 2000 -258: Approving resubdivision and denying the variance. Ordinance No. 902: An Ordinance amending the North Hill Moratorium Ordinance. 10 • • • 1 • LIST OF BILLS EXHIBIT "A" TO RESOLUTION #2000 -259 • • American Payment Centers Ancom Technical Center Anderson Ice Rinks Aspen Mills AT and T Broadband Bahr Construction Bauerly Brothers Companies Brock White Co Bryan Rock Products Inc Capital Communications Car Quest Catco Parts and Service Chemsearch Coca Cola Midwest Community Volunteer Service CompuMaster Courier News Cub Foods Danko Emergency Equipment DOER/TIF Conference Earl Anderson Inc Ecolab Edward Don Company Emergency Medical Products Express Photo Fairmont Plumbing Heating & Cooling Fire Instructors Association of MN Firstar Trust Services First Line Beverage Fitzgerald, Sue Franklin Covey Gilliam, Leeland Gopher State One Call Graphic Design Inc Greeder Electric Greenwoods Collection Hardwood Creek Lumber Inc Health Comp Evaluation Services Illbruck Inc Infosource Inc Infratech J H Larson Company Kennedy Builders Kriesel, Nile Lawson Products Inc Utility payment collection box Pager repair Nozzle kits Uniforms Cable service Grading escrow refund Concrete - brick pond pipe Asphalt crack filling Gravel Radio maintenance contract Batteries /cables /filters /clamps Hub cap Tree /shrub fertilizer Concession supplies 2000 allocation Workshop - Holman Publication Concession supplies Coveralls TIF Seminar - Harrison Street signs Pest control services Janitor supplies First aid supplies Photo finishing Test/reports RPZ valve First responder books Paying agent fees Concession supplies Art supplies Planners Fire service class - Gilliam August locates Ballot sleeves Repairs- Mid Oaks lift station Calendar greeting cards Hubs /lath- McKusick Ravine Project Drug tests Sound proofing material MCSE kit Sewer line repairs - Myrtle /Maryknoll Bulbs for Dome lights Grading escrow refund Lunch meeting /coffee supplies Nuts /bolts /washers /drill bits 107.82 82.87 112.00 51.50 62.89 1,500.00 456.27 729.03 17.98 456.00 486.92 12.59 425.52 818.30 3,182.50 895.00 3225 119.50 426.54 75.00 447.84 234.83 803.82 920.08 56.89 85.00 1,852.18 868.38 456.16 57.33 108.93 166.00 30.40 70.04 470.00 232.43 113.64 57.00 12,410.69 995.00 4,800.00 606.10 1,450.00 104.59 275.15 EXHIBIT "A" TO RESOLUTION #2000 -259 League of Minnesota Cities Lecuyer, William Legislative Associates Inc Lights by H and H Lindstrom Cleaning & Construction Inc Markhurd Menards Meredith, Nathan Minnesota Animal Control Association MN Dept Admin Intertechnologies Group MN State Fire Chiefs Association Mister Car Wash Nardini Fire Equipment Co Inc National Fire Protection Association Nextel Communications P C Pit Stop Pods Wheel and Tie Press Publications Pro Staff Reliable Corporation Royal Lube Ryland Homes St Croix Area United Way St Croix Office Supplies St Croix Scuba & Snorkeling Inc Sala Mulfinger, Susanka Architects Stork Twin City Testing SYSCO Minnesota T A Schifsky & Sons Inc Toll Gas & Welding Supply T Y Custom Designs United Rentals Virtual Phone Washington County Dept of Assessment Workwell Occupational Health Services Yocum Oil Company MANUAL CHECKS SEPTEMBER 2000 Appletree Institute Main Stream Development Partnership Trail Head Land Development Corporation Page 2 Membership dues 2000 -2001 Grading escrow refund Lobbyist services Fluorescent lights Cleaning services - Territorial Prison North Hill Feasibility Study Batteries /pump /supp Old Prison Site Mileage Membership class /dues Router ports Annual conference - Kallestad Car washes Fire Extinguisher maintenance Fire education materials Telephone Monitors /surge supplies Mount/balance /change tire Publication Accounting clerk Office supplies Oil changes Grading escrow refund Community Leadership breakfast Office supplies Divemaster class Services- Public Works Building Testing -Curve Crest Project Concession supplies Asphalt/tack oil Acetylene City of Stillwater pins Concrete - brick pond pipe Nextel telephone Property taxes Pre employment physical /vaccines Fuel oil October health insurance- retirees Pass thru Met Council TBRA Grant Outlot A Creekside Crossing 9,106.00 1,500.00 3,300.00 212.80 15,699.60 8,100.00 496.33 203.78 75.00 177.65 160.00 47.94 45.70 282.20 207.98 516.68 26.00 99.00 374.40 174.26 122.13 1,500.00 15.00 301.34 783.90 9,940.88 525.00 162.87 1,335.98 82.55 980.00 116.88 105.44 24,872.00 240.75 461.74 15,686.30 9,500.00 40,000.00 • • • • EXHIBIT "A" TO RESOLUTION #2000 -259 Page 3 • • ADDENDUM TO BILLS Association of Training Officers of MN Field /basic training -2 officers 800.00 Bahr Construction Grading escrow refunds 3,000.00 Brush Busters Clearing trails -Neal Ave 500.00 C W Houle McKusick Ravine /Mulberry- Water 332,911.35 Healthcomp Evaluation Services Drug test 60.00 Hi -Tech Sicns Inc Hockey scoreboard -2nd Sheet Ice 6,812.50 Kadin, Chantell September mileage 55.74 Magnuson Law Firm Legal services 6,905.33 McLeod USA Telephone 643.05 MN Assoc Urban Management Assistants Seminar -Kadin 15.00 MN Historical Society Preservation Conference 150.00 Northern States Power Electricity /gas 19,972.82 Pitney Bowes Postage machine 205.00 Pro Staff Accounting clerk 468.00 Roettger, David Office chair 211.94 Ryland Homes Grading escrow refunds 4,500.00 Stillwater Amoco Texaco Automotive fuel 2,344.12 U S Post Office October newsletter postage 864.58 U S West Telephone 1,309.83 Washington County Title transfer forfeiture vehicle 9.00 Adopted by the City Council this 3rd day of October, 2000 TOTAL 566,999.30 • • • Minnesota Lawful Gambling Application to Conduct Excluded Bingo - LG240B If your organization has been licensed or exempted in the current calendar year, you are not eligible to apply for excluded bingo. Organization Information Organization Name Church of St. Michael Street City Type of nonprofit organization (check one): ❑ Fraternal ❑ Veteran ® Religious ❑ Other nonprofit organization Type of proof of nonprofit - attach a copy (see instructions): [4 Certificate of Good Standing - Minnesota Secretary of State's Office ❑ Internal Revenue Service ❑ Affiliate of Parent nonprofit organization (charter) Excluded Bingo Activity Information Has your organization held a bingo event in the current year? Nom_ Yes If yes, list the dates that bingo was conducted Check one: L__) The bingo event will be one of four or fewer bingo events your organization will hold this year. Date(s) of bingo event Novemher 11 9onn -OR- ❑ The bingo event will be conducted (up to 12 consecutive days) in connection with a: County Fair - Date(s) of bingo event State Fair - Date(s) of bingo event Civic Celebration - Date(s) of bingo event Name of the person in charge of the bingo event Daytime Phone Nancy Nelson (651 -4 )39 -4400 Premises Where Excluded Bingo Will Be Conducted Name of Premises St. Mary's School Building Street Address 423 S. Fifth St. City 611 S. Third St. Stillwater Stillwater, MN. 55082 Be sure to complete page 2 State/Zip MN 55082 Stillwater,MN. 55082 County A ND Washington ' FOR BOARD USE ONLY Proof a I N I NAI I Other Activity Township Page 1 of 2 2/98 Application to Conduct Excluded Bingo - LG240B Organization Name St . M? chae1 ' s Cc 1 of Cathni i r Women Chief Executive Officer's Signature The information provided in this applicati• com.i an• - urate -•��`� •est of my kn ledge. Chief Executive Officer's signature Name (please print) Michael C. Sk1u7.9.c.ek Date 9 / 30 / 200C Local Unit of Government Acknowledgment and Approval If the gambling premises_is within city limits, the city must sign this application. On behalf of the city, I hereby approve this application for excluded bingo activity at the premises located within the city's jurisdiction. For the township: On behalf of the township, I acknowledge that the organization is applying for excluded bingo activity within the township limits. A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2). For the county: On behalf of the county, I hereby approve this application for excluded bingo activity at the premises located within the county's jurisdiction. Acknowledged by Print name of city Signature of city personnel receiving application Page 2 of 2 2/98 Title Date / Ifthe gambling premises iisloca. township, _ . . . _ located in towru;hip, bottrthe county and township must .sign;this:appllcation: Print name of township Signature of township official acknowledging application Title Date / / Print name of county (Signature of county personnel receiving application) Title Date / / Mail Application and Attachment(s) Send the completed application and a copy of your proof of nonprofit status at least 30 days prior to the activity date to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 If your application is denied by the local unit of govemment, do not send the application to the Gambling Control Board. Acknowledgment of Gambling Control Board Your request to conduct excluded bingo has been received and is acknowledged by the Gambling Control Board. Licensing Specialist Date / / Questions? Call the Licensing Section of the Gambling Control Board at (612) 639 -4000. If you use a TTY, you can call the Board by using the Minnesota Relay Service at 1- 800 -627 -3529 and ask to place a call to (612) 639 -4000. This form will be made available in altemative format (i.e. large print, Braille) upon request. The information requested on this form will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules goveming lawful gambling activities. • • REAPPORTIONING SPECIAL ASSESSMENTS FOR HEARTLAND OFFICE VILLAGE SUBDIVISION WHEREAS, the City Council of the City of Stillwater has adopted the special assessments for local improvements Local Improvement No. 342, Improvements; and WHEREAS, the following parcels have special assessment balances outstanding as of October 3, 2000 as follows: Outstanding Description Balance Lot 9, Blk 1, Matt Hooley Addition $1,740.16 Lot 10, Blk 1, Matt Hooley Addition $1,739.06 Lot 11, Blk 1, Matt Hooley Addition $2,392.67 Lot 12, Blk 1, Matt Hooley Addition $2.392.85 $8.264.74 WHEREAS, the property owner of the aforesaid parcels has requested and received approval for a subdivision of the parcels; and WHEREAS, it is the policy of the City of Stillwater to reapportion assessments for parcels that receive approval for subdivision; NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater that the following is a reapportionment of assessments to the following parcels: Amount Description Apportioned Lot 1, Blk 1, Heartland Office Village $ 490.19 Lot 2, Blk 1, Heartland Office Village $ 991.55 Lot 3, Blk 1, Heartland Office Village $ 516.05 Lot 4, Blk 1, Heartland Office Village $ 679.46 Lot 5, Blk 1, Hearland Office Village $5.587.49 $8,264.74 Adopted by the Stillwater City Council this 3rd day of October 2000. ATTEST: Diane Ward, City Clerk Jay Kimble, Mayor • LIST OF BILLS EXHIBIT "A" TO RESOLUTION #2000 -258 • • American Payment Centers Ancom Technical Center Anderson Ice Rinks Aspen Mills AT and T Broadband Bahr Construction Bauerly Brothers Companies Brock White Co Bryan Rock Products Inc Capital Communications Car Quest Catco Parts and Service Chemsearch Coca Cola Midwest Community Volunteer Service CompuMaster Courier News Cub Foods Danko Emergency Equipment DOER/TIF Conference Earl Anderson Inc Ecolab Edward Don Company Emergency Medical Products Express Photo Fairmont Plumbing Heating & Cooling Fire Instructors Association of MN Firstar Trust Services First Line Beverage Fitzgerald, Sue Franklin Covey Gilliam, Leeland Gopher State One Call Graphic Design Inc Greeder Electric Greenwoods Collection Hardwood Creek Lumber Inc Health Comp Evaluation Services Illbruck Inc Infosource Inc Infratech J H Larson Company Kennedy Builders Kriesel, Nile Lawson Products Inc Utility payment collection box Pager repair Nozzle kits Uniforms Cable service Grading escrow refund Concrete - brick pond pipe Asphalt crack filling Gravel Radio maintenance contract Batteries /cables /filters /clamps Hub cap Tree /shrub fertilizer Concession supplies 2000 allocation Workshop - Holman Publication Concession supplies Coveralls TIF Seminar - Harrison Street signs Pest control services Janitor supplies First aid supplies Photo finishing Test/reports RPZ valve First responder books Paying agent fees Concession supplies Art supplies Planners Fire service class - Gilliam August locates Ballot sleeves Repairs- Mid Oaks lift station Calendar greeting cards Hubs /lath - McKusick Ravine Project Drug tests Sound proofing material MCSE kit Sewer line repairs - Myrtle /Maryknoll Bulbs for Dome lights Grading escrow refund Lunch meeting /coffee supplies Nuts /bolts /washers /drill bits 107.82 82.87 112.00 51.50 62.89 1,500.00 456.27 729.03 17.98 456.00 486.92 12.59 425.52 818.30 3,182.50 895.00 32.25 119.50 426.54 75.00 447.84 234.83 803.82 920.08 56.89 85.00 1,852.18 868.38 456.16 57.33 108.93 166.00 30.40 70.04 470.00 232.43 113.64 57.00 12,410.69 995.00 4,800.00 606.10 1,450.00 104.59 275.15 EXHIBIT "A" TO RESOLUTION #2000 -258 League of Minnesota Cities Lecuyer, William Legislative Associates Inc Lights by H and H Lindstrom Cleaning & Construction Inc Markhurd Menards Meredith, Nathan Minnesota Animal Control Association MN Dept Admin Intertechnologies Group MN State Fire Chiefs Association Mister Car Wash Nardini Fire Equipment Co Inc National Fire Protection Association Nextel Communications P C Pit Stop Pods Wheel and Tie Press Publications Pro Staff Reliable Corporation Royal Lube Ryland Homes St Croix Area United Way St Croix Office Supplies St Croix Scuba & Snorkeling Inc Sala Mulfinger, Susanka Architects Stork Twin City Testing SYSCO Minnesota T A Schifsky & Sons Inc Toll Gas & Welding Supply T Y Custom Designs United Rentals Virtual Phone Washington County Dept of Assessment Workwell Occupational Health Services Yocum Oil Company Page 2 Membership dues 2000 -2001 Grading escrow refund Lobbyist services Fluorescent lights Cleaning services - Territorial Prison North Hill Feasibility Study Batteries /pump /supp Old Prison Site Mileage Membership class /dues Router ports Annual conference - Kallestad Car washes Fire Extinguisher maintenance Fire education materials Telephone Monitors /surge supplies Mount/balance /change tire Publication Accounting clerk Office supplies Oil changes Grading escrow refund Community Leadership breakfast Office supplies Divemaster class Services- Public Works Building Testing -Curve Crest Project Concession supplies Asphalt/tack oil Acetylene City of Stillwater pins Concrete - brick pond pipe Nextel telephone Property taxes Pre employment physical /vaccines Fuel oil 9,106.00 1,500.00 3,300.00 212.80 15,699.60 8,100.00 496.33 203.78 75.00 177.65 160.00 47.94 45.70 282.20 207.98 516.68 26.00 99.00 374.40 174.26 122.13 1,500.00 15.00 301.34 783.90 9,940.88 525.00 162.87 1,335.98 82.55 980.00 116.88 105.44 24,872.00 240.75 461.74 • • • • Stillwater Public Library • • MEMO To: Stillwater City Council From: Lynne Bertalmio Re: Redirection of Approved Capital Funds 223 N. Fourth St. Stillwater MN 55082 A new audio -visual "book" return was an approved item in our 2000 capital budget. The amount budgeted was $1,520. We'are having difficulty finding a return that will suit our needs. However, we would like to replace some of our small ink jet public printers with a networked laser printer. We should see a reduction in costs and increase in reliability. Therefore, the Board of Trustees requests that we be able to reallocate these capital dollars to the purchase of a public laser printer. • Memo • • DATE: September 29, 2000 TO: FROM: Chantell Mayor and City Council Director of Administration RE: HVAC Planned Service Agreement with Johnson Controls Attached is the Planned Service Agreement with Johnson Controls for the regular maintenance of the City Hall's HVAC (heating, ventilation, and air conditioning) system for the term January 1, 2001 - December 31, 2001 in the total amount of $6,271.00. This figure represents a 4% increase from last year's contract of $6,031.00. Recommendation Staff recommends the City Council approve the attached resolution approving the Planned Service Agreement with Johnson Controls for the term January 1- December 31, 2001 in the amount of $6,271.00. CITY COUNCILJMEMO.JOHNSON CONTROLS CONTRACT.2000 -10 -05 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the Planned Service Agreement with Johnson Controls, Inc. for regular maintenance for the City Hall's HVAC (heating, ventilation, and air conditioning) system for the term January 1, 2001 - December 31, 2001 in the total amount of $6,271.00 is hereby approved. Adopted by the City Council this 3 day of October 2000. ATTEST: Diane F. Ward, City Clerk APPROVING CONTRACT WITH JOHNSON CONTROLS, INC. FOR PREVENTIVE MAINTENANCE AGREEMENT Jay Kimble, Mayor • • Alliance • Customer Name City of Stillwater Address 216 North Fourth Street City Stillwater Building City Hall Scope of Service Johnson Controls, Inc. (JCI or Johnson Controls) and the Customer agree that the services checked below will be provided by JCI at the Customer's facility. The Terms and Conditions, Assurance Services, Equipment Listings, and Schedules included in this Agreement cover the rights and obligations of both the Customer and JCI. Primary Air Reciprocating Air Primary Heating Facility Conditioning _ PRIME _ Premium _ Premium Management _ Premium Equipment Conditioning X Equipment Systems X Basic Equipment Basic Basic Basic Tide Fire Detection & Associated Air Automatic Security Management _ Premium Conditioning Premium Temperature _ Premium Management _ Premium Systems & Heating X Controls Systems Basic Equipment Basic Basic Basic Maintenance Facility Management Operations Services Training _ Premium Basic Extended Service Options for Premium and PRIME Coverages On -site repair services will be provided during JCI's normal business hours, unless one of the following options is checked: 24-5 Extended Service - JCI will provide on -site response 24 hours a day, 5 days a week (Monday thru Friday, except JCI holidays). *4-7 Extended Service - JCI will provide on -site response 24 hours a day, 7 days a week (including holidays). Term /Automatic Renewal This Agreement takes effect on Janurary 1 20 01 It will continue for an original term of 1 year(s). It will automatically renew on a year -to -year basis after the original term ends unless the Customer or JCI gives the other written notice that it does not want to renew. The notice must be delivered at least 30 days before the end of the original term or of any renewal year. Renewal price adjustments are discussed in the Terms and Conditions. Price and Payment Terms The total price for JCI's service during the original term of this Agreement is $ 6,271.00 ( Six thousand two hundred seventy one dollars & no / cents ). annually. This amount will be paid to JCI in 2 installments of $ 3135.50 ( Three thousand one hundred thirty five dollars & 50 / cents) to be billed quarterly in advance. These payments will be due and payable when the Customer receives JCI's Invoice and in advance of the services JCI is to provide. JOHNSON CONTROLS, INC. CUSTOMER C 1 ty of St i 11 water BY Gary Page By Jay Kimble Signature Service Tai Isor Da 9/14/00 JCI Manager (proposal not valid until signed by JCI Manager) Planned Service Agreement Agreement No. J .HNSON CONT LS State MN Zip 55082 Proposal Date 9/14/00 Location Same Loc. ID No. Signature Mayor Title This proposal is valid for thirty days from proposal date. (651) 430 -8800 Telephone Number JCI Branch Minneapolis Branch Phone # (612) 566 - 7650 Customer P.O. # 41 eh Address 1801 67th Ave North, Minneapolis, MN. 55430 Renewal Date Additional Terms and Conditions follow E9115 (Rev 09/92) 10/03/2000 Date Customer Name City of Stillwater. Building Stillwater City Hall Building Additional Locations Location 216 North 4th Street Supplemental Price and Payment Terms All material and labor outside the scope of this agreement will be billable at current rates. for JO for CUSTOMER Form E9115 (Rev 09/92) Additions and Exceptions Location I D # 12337 • 1) • (c) (d) (e) (fl TERMS DEFINRIONS (a) COVERED EQUIPMENT means the equipment for which services are to be provided under this Agreement Covered Equipment is defined by the applicable Assurance Services pages and Equipment Lists attached to this Agreement EQUIPMENT FAILURE means the sudden and accidental failure of moving parts or electric or electronic components that are part of the Covered Equipment and that are necessary for its operation. SCHEDULED SERVICE VISITS include labor required to perform inspections and preventive maintenance on Covered Equipment SCHEDULED SERVICE MATERIALS include materials required to perform Scheduled Service Visits on Covered Equipment REPAIR LABOR dudes labor necessary to restore Covered Equipment to worldng condition following an Equipment Failure and excludes total equipment replacement due to obsolescence or unavailability of parts. REPAIR MATERIALS incudes materials necessary to restore Covered Equipment to woddrg condition following an Equipment Failure and excludes total equipment replacement due to obsolescence or unavailability of parts. At JCI's option, Repair Materials may be new, used, or reconditioned. At Repair Materials are covered by the warranty as described below. 2) SERVICE COVERAGE OPTIONS (a) BASIC COVERAGE includes Scheduled Service Visits, plus Scheduled Service Materials if elsewhere noted in this Agreement, for covered Equipment. (b) PREMIUM LEVEL COVERAGE includes BASIC COVERAGE as well as Repair Labor, plus Repair Material if elsewhere noted in this Agreement, for covered Equipment. (c) PRIME LEVEL COVERAGE includes BASIC COVERAGE as well as Repair Labor, plus Repair Materials if elsewhere set forth in this Agreement, fa Covered Equipment consisting of centrifugal, absorption, or screw chillers, PRIME LEVEL COVERAGE also includes Repair Labor, and Repair Materials if otherwise set forth in this Agreement, for diagnosed imminent equipment failure as well as actual Equipment Failure. PRIME LEVEL COVERAGE indudes the following services and requirements. - JCI win analyze diagrostio tests including Pre•Vue Vbation Analysis, spectrodremical oil analysis, and megotun readings. At diagnostic le& must be performed at JCI- presabed frequencies and b JCI - specified test standards. If elsewhere noted in this Acjeement, coverage will include Repair Labor and Repair Material for heat exchanger tubes if an Eddy Current Analysis, acceptable to JCI, has been performed n the three years prig to this Agreement and is provided to JCI, or such a test wit be performed as part of the Agreement - Should JCI's analysis suggest the existence or the possibly of equipment deterioration outside anticipated or acceptable conditions, JCI may at its option take oonedive steps necessary to prevent further deterioration or breakdann of the Covered Equipment JCI retains sole judgment over whether equipment conditions are considered acceptable, whether corrective steps should be taken, or what steps, 11 any, need to be taken. Performance of any corrective steps under this PRIME coverage is not a guarantee that Equipment Failure or downtime wry not occur. 3) EXTENDED SERVICE includes extended service for repairs and is available only 11 Customer has PREMIUM or PRIME coverage. The price for Extended Service, 11 chosen by Customer, is part of the total price Customer wi pay. - Should a defect be found during an Extended Service visit that JCI is not responsble for under this Agreement, Customer agrees to pay JCfs standard fee for any services rendered. - Should Repair Labor or Repair Materials be performed in periods beyond the Extended Service period, Customer agrees to pay JCrs standard ire for any services rendered beyond the Extended Service period. CONDRIONS A. INITIAL EQUIPMENT INSPECTION FOR PREMIUM OR PRIME COVERAGES JCI will inspect the Covered Equipment within 45 days of the date of this Agreement or as seasonal or operational conditions pent. JCI will advise Customer if JCI finds any Covered Equipment not in waking order or in need of repair. With the Customers approval, JCI will perform the work necessary to put the Covered Equipment n proper working orhdition. This work will be done at JCI's standard fee for parts and labor in effect at that time. If the Customer does not want JCI to do the work identified by JCI, or if Customer does not have the work done, the equipment wi be removed from the list of Covered Equipment and the price of this Agreement will then be adjusted. B. WARRANTY Terms and Conditions JCI warrants that its services will be provided in a good and workmanlike manner and that parts repaired or replaced by JCI will be free from defects in workmanship, design, and material until the end of this Agreement or for one year, whichever is earlier. JCI's sole obligation shall be to repair or to replace defective parts or to properly redo defective services. JCI DISCLAIMS ALL OTHER WARRANTIES ON THE EQUIPMENT FURNISHED UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. C. SCOPE OF SERVICE Customer understands that JCI is a provider of services under this Agreement. JCI shall not be considered a merchant or a vendor of goods. If JCI installs or fumishes a piece of equipment under this Agreement, and that equipment is covered by a warranty from the manufacturer, JCI will transfer the benefits of that manufacturer's warranty to Customer if this Agreement with Customer terminates before the equipment manufacturer's warranty expires. D. CUSTOMER OBLIGATIONS AND COMMITMENTS TO JCI 1) The Customer warrants that, to the best of Customer's knowledge, all Covered Equipment is in good working condition and that the Customer has given JCI all information of which Customer is aware concerning the condition of the Covered Equipment 2) The Customer agrees that, during the term of this Agreement, the Customer will: (a) operate the Covered Equipment according to the manufacturer's recommendations; keep accurate and current work logs and information on the Covered Equipment as recommended by the manufacturer, provide an adequate environment for Covered Equipment as recommended by the manufacturer or as recommended by JCI, induding adequate space, electrical power, air conditioning, and humidity control; (d) notify JCI immediately of any equipment malfunction, breakdown, or other condition affecting the operation of the Covered Equipment; (e) allow JCI to start and stop, periodically tum off, or otherwise change or temporarily suspend equipment operations so that JCI can perform the services required under this Agreement; and (t) provide proper condenser and baler water treatment, as necessary, for the proper functioning of Covered Equipment, if such services are not JCI's responsbiliy under this Agreement. 3. The Customer acknowledges that its failure to meet these obligations will relieve JCI of any responsibility for any equipment breakdown, or any necessary repair or replacement, of any equipment. (1)) (c) E. CHANGES TO CUSTOMER EQUIPMENT The Customer retains the right to make changes or alterations to its Equipment. If, in JCI's opinion, such changes or alterations substantially affect JCI's services or obligations, JCI shall have the right to make appropriate changes to the scope or to the price of this Agreement or to both. F. ACCESS The Customer will give JCI full access to all equipment that is either Covered Equipment or associated with it when JCI requests such access. If access cannot be provided, JCI's obligations under this Agreement will be suspended until such access to the equipment is provided. Matters affecting JCI's access to the equipment may include, but are not limited to, the removal, replacement, repair, refinishing, restoration, reconstruction, or other remedial actions taken by the Customer with respect to equipment or to the Customer's facility. Suspension of JCI's duties for this reason will not cancel or suspend any of the Customer's obligations under this Agreement. G. EXCLUSIONS JCI's services under this Agreement do not ndude: 1) supplies, accessories, or any Items normally consumed during the use of Covered Equipment, such as rbbons, bulbs, and paper, 2) calls resulting from tack of operator -level preventive maintenance, site- related problems, or operator error; 3) service caps due to failures resulting from acts of God, abuse or misuse of equ pment, or alterations, modifications, or repairs to equipment not performed or provided by JCI; 4) the furnishing of materials and supplies for panting or refinishing equipment; 5) electrical work to the Customers facility necessary because of equipment; 6) service calls resulting from attachments made to Covered Equipment or other equipment not covered by this Agreement; 7) the repair or replacement of ductwork, casings, cabinets, structural supports, tower fill/slats/basin, hydrant and pneumatic piping, and vessels, gaskets, and piping not normally replaced or maintained on a scheduled basis, and removal of an from pneumatic piping; $) service caps resulting from the effects of erosion, corrosion, acid cleaning, or damage from unexpected or espedatty severe freezing weather that is beyond what is prevented by JCI's normal maintenance; 9) work caused by any operation of, adjustments to, or repair to, Covered Equipment by others not authorized in advance by JCI; 10) work caused by the negligence of others, including but not limited to equipment operators and water treatment companies; 11) service calls due to failures caused by improper environmental conditions affecting equipment or electrical power fluctuations, if due to conditions beyond JCI's control, and service calls required because JCI had previously been denied access to the equipment and 12) disposal of hazardous wastes. Hazardous wastes remain the property and the responsibility of the Customer even when removed from equipment or replaced by JCI as provided by the terms of this Agreement, The Customer shall be responsible for the proper storage and disposal of hazardous wastes. This includes, but is not limited to, used on, contaminated or uncontaminated refrigerant, and PCBs. H. JCI's EQUIPMENT JCI may provide tools, documentation, panels, or other control equipment in the Customer's building for JCI's convenience in performing JCI's services. That equipment shall remain JCI's property. JCI retains the right to remove such items at any time during the term, or upon the termination of, this Agreement L INDEMNITY JCI and the Customer agree that JCI shall be responsible only for such injury, loss, or damage caused by the intentional misconduct or the negligent act or omission of JCI. JCI and the Customer agree to indemnify and to hold each other, indudng their officers, agents, directors, and employees, harmless from all claims, demands, or suits of any kind, induding all legal costs and attorneys fees, resulting form the intentional misconduct of their employees or any negligent act or omission by their employees or agents. The obligations of JCI and of the Customer under this paragraph are further subject to paragraphs J and K below. J. LIMITATION OF LIABILITY 1) Neither JCI nor the Customer will be responsible to the other for any special, indirect, or consequential damages. Neither party will be responsible to the other for damage, loss, injury, or delay caused by conditions that are beyond the reasonable control, and without the intentional misconduct or negligence, of that party. Such conditions ndude, but are not limited to: (a) acts of God; (b) acts of Government agencies; (c) strikes; (d) labor disputes; (e) fire; (f) explosions or other casualties; (g) thefts; (h) vandalism; (I) rats or war, or 0) unavailability of parts, materials or supplies. 2) If this Agreement covers fire safety or security equipment, the Customer understands that JCI is not an insurer regarding those services. JCI shall not be responsible for any damage or loss that may result from fire safety or security equipment that fails to perform properly or fails to prevent a casualty loss. 3) JCI is not responsible for any injury, loss, or damage caused by equipment that is not Covered Equipment K. ASBESTOS AND HAZARDOUS MATERIALS JCI's work and services under this Agreement exclude anything connected or associated with asbestos or hazardous materials. JCI shall not be required to perform any identifications, abatement, cleanup, control, or removal of asbestos or hazardous materials. The Customer represents that to the best of the Customer's knowledge, there is no asbestos or hazardous material in the Customer's building that will in any way affect JCI's work Should JCI become aware of or suspect the presence of asbestos or hazardous materials, JCI shall have the right to stop work in the affected area immediately and notify the Customer. The Customer will be responsible for doing whatever is necessary to correct the condition in accordance with all applicable statutes and regulations. The Customer agrees to assume responsbility for any daps arising out of or relating to the presence of asbestos or hazardous materials in the Customer's building. L JCI's EMPLOYEES Form E9115 (Rev 09/92) The Customer acknowledges that JCI's employees are a valuable asset to JCI. The Customer agrees to pay JCI an amount equal to 12 months of salary for each JCI employee who worked at the Customer's facility that is then hired by the Customer at any time during the term of this Agreement and for 60 days thereafter. In addition, the Customer agrees to reimburse JCI for all costs associated with any training JCI provided m such employees during the three years before the date the Customer hires such employees. It is the Customer's responsibility to pay all taxes or other govemment charges relating th the transfer, use, ownership, servicing, or possession of any equipment relating to this Agreement M. ASSESSMENT N. RENEWAL PRICE ADJUSTMENT JCI will provide Customer with notice of any adjustments in the Agreement price applicable to a renewal period no later than forty -five (45) days prior to the commencement of that renewal period. Unless the Customer terminates the Agreement as provided in the Term/Automatic Renewal provision of this Agreement, the adjusted price shall be the price for the renewal period. 0. RESOLUTION OF DISPUTES If a dispute arises, the parties shall promptly attempt in good faith to resolve the dispute by negotiation. All disputes not resolved by negotiation shall be resolved in accordance with the Commercial Rules of the American Arbitration Association in effect at that time, except as modified herein. All disputes shall be decided by a single arbitrator. A decision shall be rendered by the arbitrator no later than nine months after the demand for arbitration is filed, and the arbitrator shall state in writing the factual and legal basis for the award. No discovery shall be permitted. The arbitrator shall issue a scheduling order that shall not be modified except by the mutual agreement of the parties. Judgment may be entered upon the award in the highest state of federal court having jurisdiction over the matter. The prevailing party shall recover all costs, indudng attorneys fees, incurred as a result of the dispute. P. MISCELLANEOUS PROVISIONS 1) Any notice that is required to be given under this Agreement must be in writing and sent to the party at the address noted on the first page of this Agreement 2) This Agreement cannot be transferred or assigned by either party without the prior written consent of the other party. 3) This Agreement is the entire Agreement between JCI and the Customer and supersedes any prior oral understandings, written agreements, proposals, or other communications between JCI and the Customer. 4) Any change or modification to this Agreement will not be effective unless made in writing. This written instrument must specifically indicate that it is an amendment, or modifications to this Agreement 5) The Customer acknowledges and agrees that any purchase order issued by Customer, in accordance with this Agreement, is intended only to establish payment authority for the Customer's internal accounting purposes. No purchase order shall be considered to be a counteroffer, amendment, modification, or other revision to the terms of this Agreement No term or condition included in the Customer's purchase order will have any force or effect 6) Should any changes to relevant regulations, laws, or codes substantially affect JCI's Services or obligations, the Customer agrees to negotiate with JCI for appropriate changes to the scope or price of the Agreement or both. J ^HNSON CONTROLS • • • • TO: Chantel Kadin Stillwater City Hall 216 North 4 Street Stillwater, MN 55082 Chantel This proposal is hereby accepted and Johnson Controls is authorized to proceed with the work; subject, however, to credit approval by Johnson Controls, Inc., Milwaukee, Wisconsin. Stillwater City Hall - Chantell Kadin Purchaser -- Company Name SERVICE AGREEMENT RENEWAL SCOPE: Preventative Maintenance Proposal JOHNSON CONTROLS, INC. Signature Signature 1082 -7041 DATE - September 14, 2000 List of coverage for the Stillwater City Hall Service Agreement. # 1 Main Air Handling Unit Basic Coverage This will include the equipment listed on the Tasking and Equipment List provided and will include services listed on Schedules to be provided. Quarterly mechanical visits per schedules. Spring and fall check out of AHU Control parameters and tuning as needed. These services will be performed over a 12 -month period. # 2 - Air Conditioning & Pump Basic Coverage This will include the equipment listed on the Tasking and Equipment List provided and will include services listed on Schedules to be provided. Schedule # 20A - Condensing Unit Inspection. Schedule # 86 - Air Cooled Condenser Coil Cleaning. These services will be performed over a 12 -month period (when in seasonal use). This also assumes Johnson Controls Service personnel will be given the password for the condensing unit processor. # 3 - Cabinet Unit Heaters & Exhaust Fans Basic Coverage This will include the equipment listed on the Tasking and Equipment List provided and will include services listed on Schedules to be provided. This service will be performed after heating system startup for the CUH's and 1 annual check of the exhaust fans per year. # 4 - Metasys Companion System Basic Coverage per Year This will include the equipment listed on the Tasking and Equipment List provided and will include services listed on Schedules to be provided. This will include a site visit or dial up to trend operation of the VAV boxes. This will include checking the trends and changing them as needed. Any problems found will be brought to the attention of the owner at which time the decision will be made whether a service call is needed. This proposal is valid for a period of 30 days. Name: Name: Gary Page Title: Title: Service Team Supervisor Date: Date: September 14, 2000 By Alliance Signature Title Customer Name City of Stillwater Address 216 North Fourth Street City Stillwater Building City Hall Gary Page Service Team Supervisor JCI Manager (proposal not valid until signed by JCI Manager) Form E9115 (Rev 09/92) Planned Service Agreement Agreement No. State MN Zip 55082 Proposal Date 9/14/00 Location Same Extended Service Options for Premium and PRIME Coverages On -site repair services will be provided during JCI's normal business hours, unless one of the following options is checked: _ 24 -5 Extended Service - JCI will provide on -site response 24 hours a day, 5 days a week (Monday thru Friday, except JCI holidays). 24-7 Extended Service - JCI will provide on -site response 24 hours a day, 7 days a week (induding holidays). By Jay Kimble Signature G Mayor 10/03/2000 ate 9/14/00 Title Date This proposal is valid for thirty days from proposal date. (651) 430 -8800 Telephone Number JCI Branch Minneapolis Branch Phone # (612) 566 - 7650 Customer P.O. # Branch Address 1801 67th Ave North, Minneapolis, MN. 55430 Renewal Date Additional Terms and Conditions follow J .HNSON CONT' .v LS Loc. ID No. Scope of Service Johnson Controls, Inc. (JCI or Johnson Controls) and the Customer agree that the services checked below will be provided by JCI at the Customer's facility. The Terms and Conditions, Assurance Services, Equipment Listings, and Schedules included in this Agreement cover the rights and obligations of both the Customer and JCI. Primary Air Reciprocating Air Primary Heating Facility Conditioning PRIME Premium _ Premium Management _ Premium Equipment Conditioning X Equipment Systems X Basic Equipment Basic Basic Basic Fire Detection & Associated Air Automatic Security Management Premium Conditioning Premium Temperature Premium Management _ Premium Systems & Heating X Controls Systems Basic Equipment Basic Basic Basic Maintenance Facility Management Operations Services Training _ Premium Basic Term /Automatic Renewal This Agreement takes effect on Janurary 1 20 01 It will continue for an original term of 1 year(s). It will automatically renew on a year -to -year basis after the original term ends unless the Customer or JCI gives the other written notice that it does not want to renew. The notice must be delivered at least 30 days before the end of the original term or of any renewal year. Renewal price adjustments are discussed in the Terms and Conditions. Price and Payment Terms The total price for JCI's service during the original term of this Agreement is $ 6,271.00 ( Six thousand two hundred seventy one dollars & no / cents ). annually. This amount will be paid to JCI in 2 installments of $ 3135.50 ( Three thousand one hundred thirty five dollars & 50 / cents) to be billed quarterly in advance. These payments will be due and payable when the Customer receives JCI's Invoice and in advance of the services JCI is to provide. JOHNSON CONTROLS, INC. CUSTOMER C i t V of S t i 11 water • • • Customer Name City of Stillwater. • All material and labor outside the scope of this agreement will be billable at current rates. • I«JO Form E9115 (Rev 09/92) • Building Stillwater City Hall Building Additional Locations Location 216 North 4 Street Supplemental Price and Payment Terms Additions and Exceptions lot CUSTOMER Location 1 D # 12337 TERMS 1) DEFINRIONS (a) COVERED EQUIPMENT means the equipment for which services are to be provided under this Agreement Covered Equipment is defined by the applicable Assurance Services pages and Equipment Lists attached to this Agreement (b) EQUIPMENT FAILURE means the sudden and accidental failure of moving parts or electric or electronic components that are part of the Covered Equipment and that are necessary for its operation. (c) SCHEDULED SERVICE VISITS include labor required to perform inspections and preventive maintenance on Covered Equipment (d) SCHEDULED SERVICE MATERIALS indude materials required to perform Scheduled Service Visits on Covered Equipment (e) REPAIR LABOR indudes labor necessary to restore Covered Equipment to working condition following an Equipment Failure and exdudes total equipment replacement due to obsolescence or unavailability of parts. REPAIR MATERIALS includes materials necessary to restore Covered Equipment to working condition following an Equipment Failure and excludes total equipment replacement due to obsolescence or unavailability of parts. At JCI's option, Repair Materials may be new, used, or reconditioned. All Repair Materials are covered by the warranty as described below. (f) 2) SERVICE COVERAGE OPTIONS (a) BASIC COVERAGE includes Scheduled Service Visits, plus Scheduled Service Materials if elsewhere noted in this Agreement, for covered Equipment. (b) PREMIUM LEVEL COVERAGE includes BASIC COVERAGE as well as Repair Labor, plus Repair Material if elsewhere noted in this Agreement, for covered Equipment. (c) PRIME LEVEL COVERAGE includes BASIC COVERAGE as well as Repair Labor, plus Repair Materials if elsewhere set forth in this Agreement, for Covered Equipment consisting of centrifugal, absorption, or screw chillers, PRIME LEVEL COVERAGE also includes Repair Labor, and Repair Materials if otherwise set forth in this Agreement, for diagnosed imminent equipment failure as well as actual Equipment Failure. PRIME LEVEL COVERAGE includes the following services and requirements. JCI will analyze diagnostic tests indud'ng Pre•Vue Vbration Analysis, spectrod emical of analysis, and megofxn readings. Al diagnostic tsts must be performed at JCI- prescribed frequencies and to JCI - specified lost standards. If elsewhere noted n this Agreement, coverage wiT indude Repair Labor and Repair Material for heat exchanger tubes if an Eddy Current Analysis, acceptable to JCI, has been performed 'n the three years prior to this Agreement and is provided to JCI, or such a test will be performed as part of the Agreement Should JCI's analysis suggest the existence cab possibly of equipment deterioration outside anticipated or acceptable conditions, JCI may at is option take corrective steps necessary to prevent further deterioration or breakdown of the Covered Equipment JCI retains sole judgment over whether equipment conditions are considered acceptable, whether corrective steps should be taken, or what steps, if any, need to be taken. Performance of any corrective steps under this PRIME coverage is not a guarantee that Equipment Falure or downtime WI not occur. 3) EXTENDED SERVICE includes extended service for repairs and is available only if Customer has PREMIUM or PRIME coverage. The price tor Extended Service, if chosen by Customer, is part of the total price Customer will pay. - Should a defect be found during an Extended Service visit that JCI is not responsible for under this Agreement, Customer agrees to pay JCI's standard fee for any services rendered. - Should Repair Labor or Repair Materials be performed in periods beyond the Extended Service period, Customer agrees to pay JCI's standard fee for any services rendered beyond the Extended Service period. CONDITIONS A. INITIAL EQUIPMENT INSPECTION FOR PREMIUM OR PRIME COVERAGES JCI witr inspect the Covered Equipment within 45 days of the date of this Agreement or as seasonal or operational conditions permit JCI will advise Customer if JCI finds any Covered Equipment not in working order or in need of repair. With the Customer's approval, JCI will perform the work necessary to put the Covered Equipment in proper working condition. This work will be done at JCI's standard fee for parts and labor in effect at that time. If the Customer does not want JCI to do the work identified by JCI, or if Customer does not have the work done, the equipment will be removed from the list of Covered Equipment and tie price of this Agreement will then be adjusted. B. WARRANTY Terms and Conditions JCI warrants that its services will be provided in a good and workmanlike manner and that parts repaired or replaced by JCI will be free from defects in workmanship, design, and material until the end of this Agreement or for one year, whichever is earlier. JCI's sole obligation shall be to repair or to replace defective parts or to properly redo defective services. JCI DISCLAIMS ALL OTHER WARRANTIES ON THE EQUIPMENT FURNISHED UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY iii FITNESS FOR A PARTICULAR PURPOSE. C. D. E. F. G. SCOPE OF SERVICE Customer understands that JCI is a provider of services under this Agreement. JCI shall not be considered a merchant or a vendor of goods. If id installs or furnishes a piece of equipment under this Agreement, and that equipment is covered by a warranty from the manufacturer, JCI will transfer the benefits of that manufacturer's warranty to Customer if this Agreement with Customer terminates before the equipment manufacturer's warranty expires. CUSTOMER OBLIGATIONS AND COMMITMENTS TO JCI 1) The Customer warrants that, to the best of Customer's knowledge, all Covered Equipment is in good working condition and that the Customer has given JCI all information of which Customer is aware concerning the condition of the Covered Equipment 2) The Customer agrees that, during the term of this Agreement, the Customer will: (a) operate the Covered Equipment according to the manufacturer's recommendations; (b) keep accurate and current work logs and information on the Covered Equipment as recommended by the manufacturer, (c) provide an adequate environment for Covered Equipment as recommended by the manufacturer or as recommended by JCI, including adequate space, electrical power, air conditioning, and humidity control; (d) notify JCI immediately of any equipment malfunction, breakdown, or other condition affecting the operation of the Covered Equipment (e) allow JCI to start and stop, periodically turn off, or otherwise change or temporarily suspend equipment operations so that JCI can perform the services required under this Agreement and provide proper condenser and boiler water treatment, as necessary, for the proper functioning of Covered Equipment, if such services are not JCI's responsibility under this Agreement. 3. The Customer acknowledges that its failure to meet these obligations will relieve JCI of any responsibility for any equipment breakdown, or any nece repair or replacement, of any equipment. (1) CHANGES TO CUSTOMER EQUIPMENT The Customer retains the right to make changes or alterations to its Equipment. If, in JCI's opinion, such changes or alterations substantially affect JCI's services or obligations, JCI shall have the right to make appropriate changes to the scope or to the price of this Agreement or to both. ACCESS The Customer will give JCI full access to all equipment that is either Covered Equipment or associated with it when JCI requests such access. If access cannot be provided, JCI's obligations under this Agreement will be suspended until such access to the equipment is provided. Matters affecting JCI's access to the equipment may include, but are not limited to, the removal, replacement, repair, refinishing, restoration, reconstruction, or other remedial actions taken by the Customer with respect to equipment or to the Customer's facility. Suspension of JCI's duties for this reason will not cancel or suspend any of the Customer's obligations under this Agreement. EXCLUSIONS JCI's services under this Agreement do not include: 1) supplies, accessories, or any items normally consumed during the use of Covered Equipment, such as ribbons, bulbs, and paper, 2) calls resulting from lack of operator-level preventive maintenance, site- related problems, or operator error; 3) service caps due to failures resulting from ads of God, abuse or misuse of equipment, or alterations, modifications, or repairs to equipment not performed or provided by JCI; 4) the furnishing of materials and supplies for painting or refinishing equipment; 5) electrical work to the Customer's facility necessary because of equipment; 6) service calls resulting from attachments made to Covered Equipment or other equipment not covered by this Agreement; 7) the repair or replacement of ductwork, casings, cabinets, structural supports, tower filVslatsbasn, hydronic and pneumatic piping, and vessels, gaskets, and piping n� nommaly replaced or maintained on a scheduled basis, and removal of ail from pneumatic piping; 8) service calls resulting from the effects of erosion, corrosion, add cleaning, or damage from unexpected or especially severe freezing weather that is beyond what is prevented by JCI's normal maintenance; 9) work caused by any operation of, adjustments to, or repair to, Covered Equipment • by others not authorized in advance by JCI; 10) work caused by the negligence of others, including but not limited to equipment operators and water treatment companies; 11) service calls due to failures caused by improper environmental conditions affecting equipment or electrical power fluctuations, if due to conditions beyond JCI's control, and service calls required because JCI had previously been denied access to the equipment and disposal of hazardous wastes. Hazardous wastes remain the property and the responsibility of the Customer even when removed from equipment or replaced by JCI as provided by the terns of this Agreement, The Customer shall be responsible for the proper storage and disposal of hazardous wastes. This includes, but is not limited to, used oil, contaminated or uncontaminated refrigerant, and PCBs. H. JCI's EQUIPMENT JCI may pie tools, documentation, panels, or other control equipment in the Customer's building for JCI's convenience in performing JCI's services. That equipment shall remain JCI's property. JCI retains the right to remove such items at any time during the term, or upon the termination of, this Agreement I. INDEMNITY JCI and the Customer agree that JCI shall be responsible only for such njury, loss, or damage caused by the intentional misconduct or the negligent act or omission of JCI. JCI and the Customer agree to indemnify and to hold each other, including their officers, agents, directors, and employees, harmless from all claims, demands, or suits of any kind, including all legal costs and attorney's fees, resulting form the intentional misconduct of their employees or any negligent act or omission by their employees or agents. The obligations of JCI and of the Customer under this paragraph are further subject to paragraphs J and K below. J. LIMITATION OF LABILITY 1) Neither JCI nor the Customer will be responsible to the other for any special, indirect, or consequential damages. Neither party will be responsible to the other for damage, loss, injury, or delay caused by conditions that are beyond the reasonable control, and without the intentional misconduct or negligence, of that party. Such conditions include, but are not limited to: (a) acts of God; (b) acts of Government agencies; (c) strikes; (d) labor disputes; (e) fire; (f) explosions or other casualties; (g) thefts; (h) vandalism; (1) riots or war, or (j) unavailability of parts, materials or supplies. 2) If this Agreement covers fire safely or security equipment, the Customer understands that JCI is not an insurer regarding those services. JCI shall not be 01 responsible for any damage or loss that may result from fire safety or security equipment that faits to perform property or fails to prevent a casualty loss. JCI is not responsble for any injury, loss, or damage caused by equipment that is not Covered Equipment K. ASBESTOS AND HAZARDOUS MATERIALS JCI's work and services under this Agreement exclude anything connected or associated with asbestos or hazardous materials. JCI shall not be required to perform any identifications, abatement, deanup, control, or removal of asbestos or hazardous materials. The Customer represents that to the best of the Customer's knowledge, there is no asbestos or hazardous material in the Customer's building that will in any way affect JCI's work. Should JCI became aware of or suspect the presence of asbestos or hazardous materials, JCI shall have the right to stop work in the affected area immediately and notify the Customer. The Customer will be responsble for doing whatever is necessary to correct tie condition in accordance with all applicable statutes and regulations. The Customer agrees to assume responsbiity for any dams arising out of or relating to the presence of asbestos or hazardous materials in the Customer's building. L. JCI's EMPLOYEES Form E9115 (Rev 09/92) • M. N. The Customer acknowledges that JCI's employees are a valuable asset to JCI. The Customer agrees to pay JCI an amount equal to 12 months of salary for each JCI employee who worked at the Customer's facility that is then hired by the Customer at any time during the term of this Agreement and for 60 days thereafter. In addition, the Customer agrees to reimburse JCI for alt costs associated with any training JCI provided to such employees during the three years before the date the Customer hires such employees. ASSESSMENT It is the Customer's responsbility to pay all taxes or other government charges relating to the transfer, use, ownership, servicing, or possession of any equilxnent relating to this Agreement RENEWAL PRICE ADJUSTMENT JCI will provide Customer with notice of any adjustments in the Agreement price applicable to a renewal period no later than forty -five (45) days prior to the commencement of that renewal period. Unless the Customer terminates the Agreement as provided in the Ter /Automatic Renewal provision of this Agreement, the adjusted price shall be the price for the renewal period. 0. RESOLUTION OF DISPUTES If a dispute arises, the parties shall promptly attempt in good faith to resolve the dispute by negotiation. All disputes not resolved by negotiation shall be resolved in accordance with the Commercial Rules of tie American Arbitration Association in effect at that time, except as modified herein. All disputes shall be decided by a single arbitrator. A derision shall be rendered by the arbitrator no later than nine months after the demand for arbitration is filed, and the arbitrator shall state in writing the factual and legal basis for the award. No discovery shall be permitted. The arbitrator shall issue a scheduling order that shall not be modified except by the mutual agreement of the parties. Judgment may be entered upon the award in the highest state of federal court having jurisdiction over the matter. The prevailing party shall recover all costs, including attorney's fees, incurred as a result of the dispute. P. MISCELLANEOUS PROVISIONS 1) Any notice that is required to be given under this Agreement must be in writing and sent to the party at the address noted on the first page of this Agreement 2) This Agreement cannot be transferred or assigned by either party without the prior written consent of the other party. 3) This Agreement is the entire Agreement between JCI and the Customer and supersedes any prior oral understandings, written agreements, proposals, or other communications between JCI and the Customer. 4) Any change or modification to this Agreement will not be effective unless made in writing. This written instrument must specifically indicate that it is an amendment, change, or modifications to this Agreement 5) The Customer adnowledges and agrees that any purchase order issued by Customer, in accordance with this Agreement, is intended only to establish payment authority for the Customer's internal accounting purposes. No purchase order shall be considered to be a counteroffer, amendment, modification, or other revision to the terms of this Agreement No term or condition included in the Customer's purchase order will have any force or effect. 6) Should any changes to relevant regulations, laws, or codes substantially affect JCI's Services or obligations, the Customer agrees to negotiate with JCI for appropriate changes to the scope or price of the Agreement or both. �� NSON LS TO: Chantel Kadin Stillwater City Hall 216 North 4 Street Stillwater, MN 55082 Chantel List of coverage for the Stillwater City Hall Service Agreement. # 1 - Main Air Handling Unit Basic Coverage This will include the equipment listed on the Tasking and Equipment List provided and will include services listed on Schedules to be provided. Quarterly mechanical visits per schedules. Spring and fall check out of AHU Control parameters and tuning as needed. These services will be performed over a 12 -month period. # 2 - Air Conditioning & Pump Basic Coverage This will include the equipment listed on the Tasking and Equipment List provided and will include services listed on Schedules to be provided. Schedule # 20A - Condensing Unit Inspection. Schedule # 86 - Air Cooled Condenser Coil Cleaning. These services will be performed over a 12 -month period (when in seasonal use). This also assumes Johnson Controls Service personnel will be given the password for the condensing unit processor. # 3 - Cabinet Unit Heaters & Exhaust Fans Basic Coverage This will include the equipment listed on the Tasking and Equipment List provided and will include services listed on Schedules to be provided. This service will be performed after heating system startup for the CUH's and 1 annual check of the exhaust fans per year. 44- Metasys Companion System Basic Coverage per Year • This will include the equipment listed on the Tasking and Equipment List provided and will include services listed on Schedules to be provided. This will include a site visit or dial up to trend operation of the vAv boxes. This will include checking the trends and changing them as needed. Any problems found will be brought to the attention of the owner at which time the decision will be made whether a service call is needed. This proposal is hereby accepted and Johnson Controls is authorized to proceed with the work; subject, however, to credit approval by Johnson Controls, Inc., Milwaukee, Wisconsin. Stillwater City Hall - Chantell Kadin Purchaser -- Company Name SERVICE AGREEMENT RENEWAL SCOPE: Preventative Maintenance Proposal JOHNSON CONTROLS, INC. Signature Signature 1082 - 7041 DATE - September 14, 2000 This proposal is valid for a period of 30 days. Name: Name: Gary Page Title: Title: Service Team Supervisor Date: Date: September 14, 2000 • • • • TO: Mayor and Council FR: City Administrator RE: Assessments on former Kern- Pauley lot DA: September 29, 2000 MEMORANDUM Discussion: The City recently acquired the lot located at the corner of Washington Avenue and West Orleans Street formerly owned by Kern- Pauley. The purchase agreement required the City to assume the assessments that total $5004.87. Therefore Council should adopt a resolution removing the assessments from this parcel of land. Recommendation: Council adopt resolution removing assessments on Part of Outlot A Stillwater Industrial Park, PID # R32.030.20.31.0008. RESOLUTION DELETING ASSESSMENTS FOR PART OF OUTLOT A, STILLWATER INDUSTRIAL PARK WHEREAS, assessments are currently levied on part of Outlot A, Stillwater Industrial Park, Parcel3203020310008;and WHEREAS, the City of Stillwater is the property owner and it is deemed in the City's best interest to delete the assessments for this property. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater that the assessments levied against part of Outlot A, Stillwater Industrial Park, Parcel 3203020310008 is hereby deleted. Adopted by Council this 19th day of September, 2000. ATTEST: Diane Ward, City Clerk Jay Kimble, Mayor • • • • • • TO: Mayor J. Kimble and City Council Members FROM: Chief K. Kallestad — Stillwater Fire & Rescue SUBJECT: Displaying Signs DATE: September 29, 2000 The Fire Department is requesting permission to display the following signs in the city of Stillwater: DATES LOCATION MESSAGE ON SIGN SIZE Now - 10/21 S. 4 St. Fish Fry Fund Raiser 4 X 4 Now —10/21 Wilkin St. Fish Fry Fund Raiser 4 X 4 Now — 10/21 Olive St. Fish Fry Fund Raiser 4 X 4 Now — 10/21 Lilly Lake Fish Fry Fund Raiser 4 X 6 Now — 10/14 Fire Station Smokey Fire Prevention Banner 10/15 -10/28 Fire Station Change ClockICk. Battery Banner Thank you, KK/lrt MEMO • • • City of Stillwater We are appealing the decision of the planning commission. Case No V/00 -62. We are asking for two variances • We would like to leave an existing garage on our property after constructing a new garage. • We would like to go over the allowable square footage by 300 square feet We own a double lot that is 100 feet X 150 feet on Everett Street North. We are constructing an addition on our present house and are including a new attached garage to the side of it. The existing garage at the rear of the lot is the structure we are asking a variance for. It is a sound structure in good repair that also service as a 6 -foot retaining wall for the lots to the north and west of us. We would remove the driveway to it and enclose the overhead doors and only use the service door. By doing this it would only by used for storage or a wood working shop. We have gotten signatures from all of our neighbors stating that none of them have any objections to us leaving the existing garage. The following are reason we are asking for the appeal. • We feel that it should be taken into account that we have a double lot. • The density of the site would be much less then if there were a house and garage on both lots. • None of our neighbors have any objections to this issue Thank you for your time in considering the above appeal. Sincerely, Jim & Julie Moy 720 Everett St N Stillwater 439 -3890 PLANNING APPLICATION REVIEW FORM CASE NO. V/00 -62 Planning Commission Date: September 11, 2000 Project Location: 720 Everett Street North Comprehensive Plan District: Two Family Residential Zoning District: RB Applicants Name: Jim and Julie Moy Type of Application: Variance Project Description: A variance to accessory building regulations for an additional garage and a variance to the square footage (1,000 square feet maximum, 1,334 square feet requested). Discussion: The applicant is requesting two variances to construct a second garage. The first variance request is for an additional garage, there is an existing two -car garage in the backyard. A second request is for additional square footage over the maximum permitted by the Zoning Ordinance. The existing garage is 576 square feet and the proposed garage is 758 square feet, totaling 1,334 square feet. There are some considerations to the applicant's site for constructing a new garage. One, it would allow them to have more yard for their daycare business by shortening the driveway. The present drive is 150 feet long and the proposed driveway would be 45 feet. Also, they do not permit the children to play on or across the pavement for safety issues. This limits the play area to a small fenced in area north of the driveway. The existing garage acts as a retaining wall holding back 6 feet of earth to the west and north of their property. For this reason they do not want to demolish it. Their intended use for the existing structure would be storage for the home daycare play equipment. Conditions of Approval: 1. All drainage remain on site. 2. The garage shall be similar in style, colors and materials as the main structure. 3. The City Engineer and the Building Official shall approve all plans. Recommendation: Denial of both variance requests due to lack of a hardship. Findings: 1. That a hardship peculiar to the property, not created by any act of the owner, exists. In this context, personnel financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance. 2. That a variance is necessary for the preservation and enjoyment of substantial property rights • • • • • possessed by other properties in the same district and in the same vicinity; and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors. 3. That the authorizing of the variance will not be of substantial detriment to adjacent property and not materially impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan. Attachments: Application form, letter, site plan and elevation drawings. CPC Action on 9- 11 -00: 5 -4 Denial City of Stillwater Planning Commission September 11, 2000 Present: Jerry Fontaine, Chairperson Glenna Bealka, Robert Gag, Russ Hultman, Dave Middleton, Karl Ranum, John Rheinberger, Darwin Wald and Terry Zoller Others: Community Development Director Steve Russell Mr. Hultman served as acting chairperson and called the meeting to order at 7 p.m. Annroval of minutes: Mr. Wald, seconded by Mr. Rheinberger, moved approval of the Aug. 14, 2000, minutes as presented; motion passed unanimously. Case No. SUB /00 -61 A request to subdivide a 2.2 acre lot into two equal lots of 1.1 acres at 1167 Parkwood Lane in the AP, Agricultural Preservation District. Gary A. Ritzer, applicant. Mr. Ritzer was present. He stated he had been approached by a developer who has purchased property next to his. The developer would like to purchase one of Mr. Ritzer's proposed parcels in order to have access off Parkwood Lane. The developer intends to build single -level townhouses, he said. Mr. Fontaine asked Mr. Russell why the recommendation is for denial. Mr. Russell explained that when there are more lots and more people involved, it makes it more difficult for property owners to agree on use. Mr. Russell noted the area in question is zoned townhouse residential in the city's Comprehensive Plan and said the proposal may be appropriate but is premature since no developer has come forward with a proposal. At a minimum, Mr. Russell said there would have to be a request for rezoning from AP, and there has been no such request. Mr. Russell stated rather than doing rezoning piecemeal, the city could initiate a rezoning of the entire area to townhouse residential which would give a signal to whoever is buying the property, the city is amenable to a townhouse residential development proposal. Mr. Russell stated Mr. Ritzer's subdivision request could be considered with the rezoning of the area. Mr. Fontaine, seconded by Mr. Rheinberger, moved to continue Mr. Ritzer's request and initiate the zoning change; motion passed unanimously. Case No. V/00 -62 A variance to accessory building regulations for construction of an additional garage and variance to the square footage (1,000 square feet maximum, 1,334 square feet requested) at 720 N. Everett St. in the RB, Two Family Residential District. Jim and Julie Moy, applicants. The applicants were present. Mr. Moy explained the request is to build a new garage near the house and retain the existing garage, which is part of a retaining wall system, for storage for Mrs. Moy's daycare business; the garage door would be removed from the existing garage. The new 1 • • • City of Stillwater Planning Commission September 11, 2000 garage would be attached to the house by a tunnel under the patio. He noted that none of the neighbors objected to the proposal. Also, they have a large lot, 150x150, and there would still be more green space that if there were two houses and garages which their size lot could accommodate. Mr. Zoller said he would have a problem with two large garages on the property, and he noted the walls of the existing structure could be left up to protect the slope. Mr. Ranum agreed he would hate to set a precedent of allowing two different garages. Mr. Rheinberger spoke in favor of the request, suggesting the retaining wall issue represents a hardship. Mr. Fontaine suggested the issue is whether a larger structure diminishes the use of the land considering the lot is twice as big as the zoning ordinance requires. Mr. Fontaine, seconded by Mrs. Bealka, moved approval as conditioned. Motion failed 4 -5, with Mr. Ranum, Mr. Wald, Mr. Hultman, Mr. Zoller and Mr. Middleton voting against. Case No. SUB /00 -63 A request to resubdivide Lot 17, Block 1, Lot 18, Block 1, and Lot 22, Block 1, Oak Glen's 12 addition adding 15 feet to Lots 17 and 18. Jim Jungmann, applicant. Mr. Jungmann and Carl Baglio, the neighboring property owner, noted the request is to enable Mr. Jungmann and Mr. Baglio to maintain a hill that is on the rear portion of the Percival property. Mr. Jungmann and Mr. Baglio already are maintaining the hill; the Percivals have agreed to sell the required portion of their property. Mr. Jungmann and Mr. Baglio were reminded of the conditions of approval regarding the need for a new survey and the provision of a utility /drainage easement. Mr. Zoller, seconded by Mr. Middleton, moved approval as conditioned; motion passed unanimously. Case No. SUP /00 -64 A special use permit for construction of a drive -thru at 1820 Market Dr. in the BP -C, Business Park Commercial District. David Reimer, applicant. Present were Mr. Reimer and Paul Williquette, owner of the local Dairy Queen franchise who is requesting the drive -thru. Mr. Fontaine asked about traffic patterns. Mr. Reimer noted the location is at the end of the development and directional signs will be provided. Mr. Russell stated the fire chief has looked at the plans; he said the request can be accommodated but will result in the loss of one parking space. Mr. Zoller said he would like to see an additional conditional of approval that the city engineer review and approve plans. Mr. Zoller moved approval with that additional condition. Mr. Rheinberger seconded the motion; motion passed unanimously. 2 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 *An escrow fee is also required to the costs of attorney and engineering fees (see attached) The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. All supporting material (i e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater A site plan is required with applications. PROPERTY IDENTIFICATION Address of Project 7ZO EVER &. Si. N snuwd.,,0zgssessor's Parcel No.Of 0 ; 2 / 0 / et) R (GEO Code) Zoning District jJ Description of Project 2 TO 14 0 U SE "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to file best of my knowledge and belief, true and correct. 1 further certify 1 will comply with file permit if it is granted and used." i� K 7 Property Owner J lt-1 t Jvu E t - o' Representative Mailing Address 7zc, aysricrr ST tJ City - State - Zip STiL.[.v..a, -rte M,rt 55oR . Telephone No. ( 431 - 38,90 Signature ^ l1s�3 -5 p► _ SITE AND 5 Lot Size (dimensions) icac> x 15c) Land Area 1S,0o0 so Pr - .3q AcRE5 Height of Buildings: Stories ' Feet • Principal 2 33' Accessory H: \MCNAMARA \SHEILA \PLANAPP.FRM PLANNING ADMINISTRATION FORM June 22, 2000 ACTION REQUESTED Special /Conditional Use Permit _Variance _Resubdivision Subdivision* Mailing Address City - State - Zip Telephone No. Signature PROJECT DESCRIPTION Case No: Date Filed: Fee Paid: Receipt No.: Total Building floor area Existing 929 Proposed 1. 6''? Paved Impervious Area No. of off - street parking rk/ /oa -�� 76 3 • Fees $50/200 $70/200 $100 $100 +50 /lot Comprehensive Plan Amendment* $500 Zoning Amendment* $300 Planning Unit Development * $500 Certificate of Compliance $70 Design Review $25 • 2 squareet square feet square feet B44 square feet spaces 2. 5 Jim & Julie Moy • 720 Everett St N Stillwater MN 55082 (651) 439 -3890 • • Dear Building Commission We are requesting you review and act on two items concerning our property. '1 The first item is a resubdivision of our property. We are requesting this so we can consider the two lots we own as one for building reasons. The second item is a variance to construct a second garage on our property towards the front of the lot beside our house. The following are reasons for this. • We would increase the usable area of our yard for home day care use. The kids presently use a small fenced in area to the north of the driveway. We do not let them play on or across the driveway for safety reasons. • We would reduce the amount of pavement to the garage. The present drive is 150 feet long and the new one would be 45 feet long. This would increase the green area of our lot. We would also like to leave the existing garage at the back of the lot for the following reasons. • Acts as a retaining wall holding back 6' of earth to the west and north of our property. • Used as storage for the home day care play equipment New garage 758 sq ft Exist garage 576 sq ft Total 1,334 sq ft Thank you for your consideration on the above items. Sincerely, Jim Moy N 0) 816 /080 02 724 716 604 Location Map It 59724- 592 w WEST X723 E 715 0 z 5•g � ELM STREE - x-844 : • r o ' I a4 d- 815 8'h , 40 N & &LoZ6 S&4 9 422 , WEST HICKOR 724 423 72 7.19 72 715 7. eP ti d t N N 416 o mo d - 604 W EST LAUREL STREET 519 5150 ill N I 10 W d' 4 0 c R22W R2IW R2OW 'lidnity Map 0 136 I Scale in Feet 41'9 40 . r- Ttis brig b *lemma at a aanpaallan vpur I,v aaWSmpb: III The *mina allcad bound post . Wa Calgbn! rapaabb ffvv rYiwp. Piw P amrae®aon 0.1400 iran.mo cant tlawps.Mna]0. �0 M. h..29. 1000 • 1 J ZJ N • • cn Z.. �G t i F f ' im 1 r III NNIMM v, 6 x - -X L — — x_ J 1 1 1 1 1 1 1 1 . • • • • • • <m:11 Ell t -H r J� 'J _ -YI n - z O DC 11- N g 1 1 glf rid: ¢ 1§ s .1$ s • • \ II jl \ II .v - ,: AVM .O•,f 14Y19-4 .vl .O- .Mt t4 0 04 CO z o r WFZ W D W z fn CC I e a 0 > ONI.._, 1 {} A 11 s$ Ili' 1 r eE 518 5 1'1 5io 5ZZ cou iso acpy, sdkit4 502 s7 1�l 715 \/FR ET T ST t\1 NORT H The above- signed neighbors have no objections to allowing us build an attached garage and leaving the existing arage at the back of the property. VIIPCase No V/00 -62. A variance to accessory buildings regulations for an additional garage and a variance to the square footage (1,000 square feet maximum, 1,334 square feet requested) at 720 North Everett Street in the RB, Two Family Residential District. Jim and Julie Moy, applicants. • • • Memorandum To: Mayor and City Council From: Klayton Eckles, City Engineer Date: 09/29/00 Subject: Brown's Creek Watershed District Second Generation Plan DISCUSSION: I have prepared comments to the Brown's Creek Watershed Second Generation Plan and they are attached for your review. RECOMMENDATION: I recommend that Council review and authorize staff to forward these comments to the Brown's Creek Watershed District. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion authorizing staff to forward the City's comments to the Brown's Creek Watershed District. September 19, 2000 Brown's Creek Watershed District 1825 Curve Crest Blvd Stillwater, MN 55082 Subject: Comments on the Brown's Creek Watershed District Second Generation Plan Draft dated 9/7/00 Dear Brown's Creek Watershed District Managers: The Stillwater City Council has directed me to forward you the City's official comments regarding the 9/7/00 draft of the Brown's Creek Watershed District Second Generation Plan. It's the Stillwater City Council's intent to provide these comments in hopes of building a Second Generation Plan which does the following: • Improves the quality of life in our community while protecting the environment. • Minimizes public capital expenditures and streamlines the bureaucratic process. • Provides a framework on dealing cooperatively to resolve water quality, water quantity, and ground water issues and problems which exist in the watershed and our communities. We have focused our comments on the big picture and major issues that we wish the Second Generation Plan to address. I. Identification of Watershed Problems & Issues I -1. Issues Identification Process It appears that the board has used a citizen advisory methodology for determining issues that face the district. Given that one of the major objectives of the BCWD is to minimize public capital expenditures and establish more uniform local policies, an overlooked strategy for determining objectives is that of meeting with local governments. The local governments in the area have in some cases up to a 150 years of knowledge and experience regarding management of water resources in the area. Local communities also have knowledge of problems which exist within those systems. One method of establishing more uniform local policies would be to examine what policies and controls are currently in place, find common threads, and work to develop uniform policies which compliment those already in place. This is especially important if it is the Board's • • • • objective to ultimately work with local governments to take over much of the implementation of the rules and regulations of the Board. • • I -2. Issue Statements I -2.3 Water Quality Standards The last sentence in this section, states that the District could develop resource -based standards that would protect water bodies on a case -by -case basis. To some extent the Board has already taken this step in the standards for water quality treatment of the rules. Note that in many cases this actually reduces the level of protection which is already required at the local level. Local communities and state agencies have adopted water quality pond design standards which have been accepted and recognized as successful protection methods for the past ten years. Going away from this methodology requires a very significant effort in re- education of city staff, private developers, citizens and consultant engineering firms. The district may wish to reconsider this strategy given the significant efforts required and the very limited increase in protection levels which would result from the resource based standards which would apply. Figure 1. Issues Development Process Comments on BCWD Draft Page 2 of 9 This figure shows the process used by the Board to develop Second Generation Plan issues. Is should be noted that this process did not include any input from local governments or any work groups representing those local governments. II -1 General Inventory Table II.1. Cities in the BCWD It is stated under this section that over half of the total watershed is composed of a series of landlocked basins. This fact will have far reaching impact on the watershed. The School Section Goggins Lake issue and Kismet Basin issue are just the first of what will likely by an on going process of dealing with flooding basins. The City of Stillwater suggests that BCWD make this a significant area of focus as part of the Second Generation Plan. Not only should additional studies be done and possible rules developed but strategies for construction of capital improvements and fair financing methods should be developed. Table II.8. Status of Shoreline Ordinances This section list's the City of Stillwater as having a shoreline ordinance but one which has not been approved by the State. This is not the case, Stillwater shoreline ordinance has been approved by the Minnesota Department of Natural Resources. Unique Features and Scenic Areas Comments on BCWD Draft Page 3 of 9 Under this section it lists the Jackson Wildlife Management Area as being owned by the City of Stillwater for wildlife purposes. It appears that this area has been confused with the Brown's Creek Nature Preserve which the City owns and operates near County Road 64. Jackson Wildlife Management Area is owned by the Department of Natural Resources, and it is located south of County Road 12. Table II -10. Status of Local Plans It appears that it would be appropriate for the Board to include an analysis and a search of existing ordinances, regulations, and management strategies which are currently enforced or implemented by local communities. Doing so not only educates everyone associated with the plan with these various local controls, but also works towards the objective listed earlier to establish more uniform local policies, official controls, and provide a basis for building a more cooperative relationship with the local communities. II -2 Issue - Specific Inventory Volume Control (page II -22) The paragraph beginning, "The goal of this standard... ", ends by saying that volume control will also serve to limit impact to down - gradient water tables in those basins experiencing problematically high water levels. It should be noted that the use of volume control techniques which rely on infiltration in some instances could increase local high water levels due to surcharging of local water tables. This can be especially true in areas of landlocked basins. Although this situation may not commonly occur, it is important to understand that the strategies used in the Second Generation Plan will not work to alleviate high ground water levels in landlocked basins where the cause is high ground water. The last paragraph of this section which discusses opinions expressed by Mr. Moeckel, appear to be laying the groundwork for the possibility of increasing the restrictions regarding volume control. Specifically this paragraph states, "Given the life span of a trout, the probability that a trout will experience at least one storm event equal to or greater than a 5 -year event is approximately 80 %." This fact may be true for a trout in a natural system, but this system is not natural. A mean life expectancy of a trout once placed in Brown's Creek is much less than a year given the "put and take" nature of the fishery. This fishery is a stocked system and there is significant fishing pressure. Finally a 5 -year event is only significant if it occurs in a 2 1 /2 month range where high temperatures can be an issue. Therefore the probability of a five year event occurring in this 2 1/2 month period make the probability of occurrence actually less than the 20% anticipated. Therefore, we would suggest that Brown's Creek Watershed District carefully weigh the economic, social, and environmental impacts of increasing the volume control restrictions against the actual benefits provided to the fishery. • • • fr • Buffers This section discusses the importance of buffers and provides a reference list which includes sources from numerous sources including cities in the metropolitan area. The reference list does not include any data regarding local communities within the district. Water Quality Standards (page II -38) Wetland Bounce Flood Protection Comments on BCWD Draft Page 4 of 9 The last two paragraphs discuss performance based standards regarding water quality protection. Although performance based standards have a theoretical appeal, putting these types of standards into practice can be overly burdensome and creates a confusing and contradictory set of standards. The rules as currently written use theoretical concentrations for determining levels of treatment. These theoretical levels of concentration have no relation to the actual concentrations which might be encountered in the field. This sets a potential to create a conflict and misunderstanding in the future. Given the actual reduction in treatment which will occur in some areas, and the relatively minor increases in treatment which will occur in other areas, it is questionable as to the value of this strategy. This section provides technical justification for the rules as adopted regarding wetland bounce. Stillwater agrees with appendix 2.3 of the rules regarding permitted bounce as an excellent starting point for setting guidelines for wetland bounce. However, the categories moderately and slightly susceptible wetland could be overly restrictive. Perhaps the board could consider allowing higher bounces for these types of wetlands for very short periods of time on very infrequent storm events. For instance, slightly susceptible wetland which bounces two feet above pre - development for a period of six hours or less during a ten -year event provides an additional flexibility with essentially no impact. Allowing some additional flexibility in wetland bounce would allow local communities to balance minor temporary high water conditions with impacts to other resources. The first paragraph of this section discusses the philosophy of managing landlocked basins by simply designating them as potential flood areas and allow them to bounce without any control. This strategy does have merit in that it reduces capital expenditures in the short term. However, the City of Stillwater believes that the Second Generation Plan is an important guiding tool which will set land use patterns, development patterns, and provide guidance for capital improvement projects in the long term. Therefore it's important to consider the possibility of even minor climatological changes and the effects these would have on the natural landscape and property values of the area. School Section Goggins and Kismet Basin flooding shows the resulting damage which can occur from relatively minor changes in local ground water elevations. Therefore, we urge the District to provide leadership in planning for the possibility of chronic high water conditions in the landlocked basins of the district. Capital improvements and land Comments on BCWD Draft Page 5 of 9 dedications for utilities in development which occurs in these sub - watersheds should anticipate and provide for the eventuality of outlet systems. Groundwater Resources — Methodology This paragraph located on page II -47 discusses the use of data regarding regional geologic resources to develop infiltration locations and strategies. This discussion should include a cautionary note regarding the use of this data for specific purposes. Although the information can provide some benefits for general decisions, the highly complex nature of underground soils and their variability significantly limits the usefulness of this information. Any activities related to infiltration management analysis or construction of capital projects should relate to specific soil and investigations which occur at each individual site. II -4 Capital Improvement Projects Inventory The cornerstone of any water management plan is the potential capital improvement project list. This is a significant item which the Second Plan draft does not include. The draft does discuss current capital improvement projects which are underway or have been constructed but it does not list any future capital improvement projects. A list of future capital improvement projects is essential for developing financing packages, and design alternatives, preparing cooperative agreements, and enlisting support of the community in constructing a cohesive water management system that operates and compliments local water systems. City of Stillwater is aware of a number of potential capital projects which relate to our city. The following is a list of important potential capital projects which have regional significance, cross community boundaries, or relate to issues beyond the local level. 1. Long Lake Outlet Control The Long Lake system suffers from possibility of temporary flooding and potential property damage. The Long Lake Sub - watershed includes water from the City of Stillwater, Oak Park Heights, Lake Elmo, and City of Grant. The City of Stillwater has been working on a possible remedy. We look for assistance and leadership due to inter - community issues. 2. Twin Lake Outlet Control Twin Lake System has suffered from periodic high water levels and lacks an adequate outlet control system. Any outlet control options go beyond the local level. 3. Kerns Center Outlet Control The Kerns Center located in Oak Park Heights is a sub -water shed that originally was to drain to the Valley Branch Watershed system. The outlet has been changed and now it flows into the Long Lake system. The Stillwater AUAR • • pointed out the need to control the rate of flow from the Kerns Center area into Long Lake. • • 4. City of Grant/Manning Ave Ponds The AUAR pointed out the benefits of creating a series of storage ponds on the West side of Manning to improve the effectiveness of the Stillwater Trout Stream Mitigation Project. (See Stillwater Final Feasibility Report) 5. Lower Gorge Erosion Control The Lower Gorge East of Stone Bridge and some of the side slopes coming down the bluff lines suffer from periodic erosion and undercutting. 6. Wolf Marine Sediment Reduction Project The Wolf Marina has made a request to the City of Stillwater and the Brown's Creek Watershed for assistance in dealing with sediment which has built up in the marina area from the Brown's Creek discharge. 7. Trout Stream Mitigation Project The City of Stillwater is undertaking this project as per the AUAR. We have enlisted the assistance of MDNR and BCWD in the past to help speed the completion of the project. The continued assistance and possible finance support from BCWD are needed to insure the project is quickly completed. III -1 Technical Support of the Rules: Volume Control Projects, Studies and Initiatives Comments on BCWD Draft Page 6 of 9 First bullet point under this section discusses the completion of the feasibility study to determine the cost and impact to development of adopting volume control standards above the 1.5 -year rainfall event. This feasibility study should also look at the impact to local communities. However prior to exploring the possibility of increasing the standards for volume control, Stillwater would strongly encourage a study to determine the effectiveness of current regulations regarding volume control. Specifically the success rate of the infiltration basins and their ongoing level of performance would be extremely useful given the relatively high level of failure of these types of systems (25 -60% failure). The fifth bullet under this section discusses a project to conduct an inventory of local city and county ordinances. We request that Brown's Creek Watershed District complete this inventory prior to completion of the Second Generation Plan. This will allow the Second Generation Plan and any rules or modifications to take into account local controls and standards already in place. This could significantly reduce the bureaucratic process and allow for better cooperation between the various agencies. Education Another important aspect of the education process which is not addressed here is the possibility of the BCWD becoming educated about activities, goals, objectives, rules, ordinances, and mandates related to local units of government. A better understanding of these issues surrounding local governments would provide greater opportunities for cooperation and increase the level of success in achieving the desired goals of the Watershed District. III -8 Project Monitoring & Maintenance In addition to monitoring and maintaining capital improvements completed by the District we suggest that the District develop an operation and maintenance plan for all infiltration basins created in the District. Also a District plan for promoting proper maintenance may increase the success rate of infiltration basins to a more acceptable level. IV. Implementation & Capital Improvements Program Comments on BCWD Draft Page 7 of 9 The second paragraph of this section discusses the fact that no capital improvement projects are included in the Second Generation Plan. At the very minimum, the Second Generation Plan needs to identify specific capital projects which it may undertake. This is especially important considering "the emphasis of this plan is to provide technical support for the BCWD rules," and it does not appear that any of the feasibility studies would address capital improvement projects which Stillwater is concerned about. Since neither the Second Generation Plan or the feasibility studies that will result from this plan would address any of the issues which Stillwater has raised regarding capital improvements, it is our opinion the Second Generation Plan in its current form is incomplete. IV -4. Funding of District Activities The first sentence of this section calls for the use of ad valorem taxing levy to fund all projects. Development of a fair and effective funding strategy is one which requires some additional time and study on part of the Board. The Second Generation Plan is a perfect opportunity to do so. Although the ad valorem method of funding has its simplicity, it can be a total failure when it comes to the issue of fairness, given the wide range of services provided by and to different communities in the District. It is not appropriate to charge all costs to the entire Watershed. In the case of Stillwater, we provide many more services and have done much more to deal with storm management than other communities such as some of the townships. This inadequacy is compounded even more when the relative size of the tax base is weighted against the area receiving the benefit of District activities. The southeastern quarter of the District is heavily urbanized. This area counts for over half the total tax base. These urbanized areas have wrestled with the problems of funding for water management for years and have already addressed • • • • • • Conclusion Comments on BCWD Draft Page 8 of 9 most of the issues. As pointed out in the draft plan, 51% of the entire district drains to landlocked basins. This creates a huge potential for situations such as the Kismet Basin project. Kismet Basin project is an excellent example of a project which could appropriately be funded through a combination of funding methods including assessments. Cities have used assessments for over a hundred years not only as a way of funding projects but also as a test to justify the need and benefit of the improvement. The assessment method does have it's shortfall of requiring more administration but it helps insure that projects that are built have the backing of benefiting property owners. Kismet Basin is also an excellent example of a project which could use a sub - watershed tax district. The BWSR Board has developed sample funding policies which use all techniques including special taxing districts, assessments, ad valorem, and special funding sources. City of Stillwater strongly encourages BCWD board to give consideration to an overall funding policy which is not just based on ad valorem. Setting up a simplistic funding program now as part of the Second Generation Plan that uses ad valorem for all planned activities sets a precedent for all future projects. IV -4. Impacts on Local Units of Government If it is the intent of the Second Generation Plan to develop programs to be implemented by cities and townships within the district we encourage BCWD board to make every attempt to address our comments and allow our participation in the process. Table IV -1 lists local government units as proposed collaborators for fourteen of the implementation activities. Again, if we are to be participants, we hope to participate at the earliest possible level to insure that our concerns are met as well as the Boards. It appears that Brown's Creek Watershed District is moving rapidly towards completion of its Second Generation Plan. The City of Stillwater is anxious to see this plan completed as it has been sorely lacking as a management tool for the past several years. However, we also see the relationship with BCWD as an interdependent one, and hope that we can participate in the creation of this plan and all that follows in a cooperative effort. Our first impression of the Second Generation Plan is that it does not have a strong enough tie to the local governing process. Although we do support the idea of a citizen advisory committee, it is our opinion that it's also important to have a strong relationship with the communities that will help implement the plan and make it a success. Another significant concern we have relates to the overall direction of the plan. In its current form, the Second Generation Plan appears to be an endorsement of the already in placed BCWD rules. It is important to create a basis for the rules, which was lacking at the time the rules were written. However, the Second Generation Plan also provides an opportunity to examine the basis of some of the rules, the reality of what is already happening in the communities throughout the district, and perhaps modify the rules to better work with the ordinances and rules already in place throughout the communities. Sincerely Klayton Eckles City Engineer Comments on BCWD Draft Page 9 of 9 In addition to providing a basis for the rules, the Second Generation Plan should provide a basis for the overall water management system and capital improvement projects which will make this happen. This aspect of the Second Generation rules has not been included in the draft. City of Stillwater has included a list of potential projects in and around the City of Stillwater which have district wide significance, improve the overall water management system, and require district assistance to complete. It would be quite unusual if the other communities did not have similar project lists and ideas which could be included. A large number of landlocked basins throughout the western portion of the district should be a concern for all members of the district given the potential capital outlay necessary to protect and manage them. Our final major area of concern is that of the proposed financing of the District plan. The District has proposed to rely on ad valorem taxing for all activities within the district through the year 2006. Since there are no capital improvement projects listed in the plan and none of the feasibility studies or reports to be generated between now and 2006 would address these capital projects, it does not appear that the board would address any of these projects or concerns which Stillwater has and other communities might have until beyond 2006. The Stillwater City Council appreciates the opportunity to comment on the proposed Second Generation Plan. We look forward to the possibility of working with the BCWD Board to address some of the issues that we have raised in this letter. If you have any questions or concerns regarding Stillwater's official comments, please contact me at Stillwater City Hall, 651 430 -8831. • • • • Memorandum • • To: Mayor and City Council From: Diane Ward, City Clerk Subject Ramsey Alley Assessment Roll Correction DISCUSSION: ACTION REQUIRED: Adopt the corrected assessment roll. cc: Shawn Sanders Monica Price The assessment roll you received with your packet had an error in the street assessment for Parcel # 2803020430107. It has been corrected on the attached roll to reflect a $300.00 street assessment rather than $350.00. ! I zlcal a O N N N N N X C 7 (0 A A W W W tT1 VI u 3 1,3 O = rr - =-n ICI C cn c n m v 4t. I O z zzC7g m O Z = O L < O z Cn z 0 • ca CA N - O - o) O rn O O I r - r r O mcmmn O 03 ci Cn tml � trj Cn H Cn CI) C/3 C/) CI) -- I- I —I --I ✓ r r r --I —I I —I '-'I mmmmmn X X 7J w zzzzz cn (n (n (n (n cn cn cn cn (n O O O O O CO CO CO CO CO N N N N N W (.9 J v v (?7 0 0 CA tA 0 0 to )..4 0 O O O O (1) O O O O O O O O O O fA W 69 EA E9 64 H3 0 W 41. J 3 J 0 0 Vt VI VI VI O O O O O O O O O O O O • • • • • September 28, 2000 TO: FROM: SUBJECT: DISCUSSION: Mayor and City Council Shawn Sanders 5. S • Civil Engineer Ramsey Alley Improvements Adoption of Assessment Roll Project 2000 -5A MEMORANDUM The Ramsey Alley Improvements is substantially completed. The total project cost amounted to $7,250.00 (including engineering, administration and construction). The assessable cost is $3,000.00 and the City's share is $4,250.00. The assessment period would be for 10 years at an interest rate of seven percent. RECOMMENDATION: Staff recommends that Council adopt the attached assessment roll as submitted. ACTION REOUIRED: Council concur with the staff recommendation, they should pass a motion adopting Resolution No. 2000 -, RESOLUTION ADOPTING ASSESSMENT FOR RAMSEY ALLEY IMPROVEMENTS (PROJECT 2000 -05A, LI 346). RESOLUTION ADOPTING ASSESSMENT FOR RAMSEY ALLEY IMPROVEMENTS 41 (PROJECT 2000 -05A, L.I. 346) WHEREAS, property owners have submitted the Petition and Waiver of Assessments regarding the proposed assessment for Ramsey Alley Improvements for properties abutting Ramsey Alley. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. Such proposed assessments, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it with the following exceptions 2. Such assessment shall be payable in equal annual installments extending over a period of five (5) years, the first of the installments to be payable on or before the first Monday in January 2001, and shall bear interest at the rate of seven percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2001. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. Property owners may at anytime prior to certification of the assessment to the county auditor, pay th� entire assessment on such property, with interest accrued to the date of payment, to the City Stillwater Treasurer. NO INTEREST WILL BE CHARGED IF THE ENTIRE ASSESSMENT IS PAID BY NOVEMBER 17, 2000. If the assessment is not paid by November 17, 2000, accrued interest from the date of the adoption of the assessment roll through December 31, 2001 will be added with the first installment due in 2001. If payment is not received by November 17, 2000, the amount listed above will be collected over a 5 -year period with interest added at 7% per year on the unpaid balance. The yearly installments will be collected with the property taxes that are paid to Washington County. At anytime thereafter, prior to November 15 of any year, pay the remaining principal balance (in whole or part) to the City of Stillwater. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the council this 3rd day of October, 2000. ATTEST: Diane Ward, City Clerk Jay Kimble, Mayor • • 0 c.4 o o o o o oo o 6 6 6 o v.% in o r-- r- r- en 64 64 64 64 69 0 0 0 0 0 o can 4.1 'I CID • C 04 C I CV �� 0 0 0 0 0 LO LO LO LO If) ZZZZZ F.; ce ce u wwwww 1— 1— 1— .< < -1 -J -J -J -J - -J -J --I 1— I z 0 (r) z 0 —3 c.„ w 0 z - E :Li 2 w < < Li w E2 • 2 d < z 0 w co z • v 11 LI FT— zc' 9 >— 0 z w 0 (/) 0 0 2 — 0 0 • • • THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET • SUITE #202 • P.O. Box 438 • STILLWATER, MN 55082 TELEPHONE: (651) 439 -9464 • TELECOPIER: (651) 439 -5641 DAVID T. MAGNUSON H. ALAN KANTRUD MEMORANDUM TO: Mayor, City Council & Staff FROM: David T. Magnuson�,u� ✓ DATE: September 29, 2000 �' RE: Sale of Oak Glen Water Tank Site I have received word from the high bidders on the Oak Glen water tank site that they have changed their minds and no longer want to conclude the purchase. The way the advertisement was done, our acceptance of the bid did not automatically make a contract, and the process envisioned the bidders signing an earnest money contract that would detail the terms of the closing. I prepared this document and sent it to them about a month ago, and it has never been returned. When I press them for a return of a signed earnest money contract, they informed me of their desire to withdraw. Only one other person expressed interest in the property over the summer. Although this person is out of town, his family informed me that they have found other real estate and agreed to purchase it. Accordingly, the City Council should consider whether to re- advertise or whether the property should be listed with a realtor. Steve and I need direction on this from the City Council. /wv MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN f • STATE OF MINNESOTA CITY OF STILLWATER COUNTY OF WASHINGTON BEFORE THE CITY COUNCIL In Re: The application of Duane Arndt Case No. V /0054 FINDINGS OF FACT CONCLUSIONS AND ORDER The City Council convened the hearing on September 19, 2000 at the Council Chambers in City Hall on the application of Duane Arndt for a variance for construction of • window wells 2 inches from a lot line in the RB Residential District, a district that requires a side yard set back of 10 feet. The matter was before the Council on an appeal filed and perfected by Mr. Arndt of a Planning Commission decision denying the request for a variance made at the conclusion of the Public Hearing held by the Planning Commission on August 14, 2000. At the hearing, the City Council considered the report of Steve Russell, the City Community Development Director, testimony and exhibits submitted by the applicant, the testimony of Jerry Fontaine, Chairman of the City Planning Commission, Minutes of the Planning Commission meeting of August 14, 2000, photographs on the property in question, a photocopy of a survey made by James Simonett in the early 1970's, the testimony of neighbors of the applicant, and the Planning file prepared by City Staff for this variance application. NOW THEREFORE, based upon the reports of the various officials that have been made II a part of Case File V/00 -54, upon the testimony of all those who offered testimony, including those persons above enumerated, and upon all the files, records and proceedings herein, the City Council of the City of Stillwater makes the following: FINDINGS OF FACT 1. That the subject parcel is located within the RB Duplex Residential District with a dwelling built upon the parcel approximately 3 feet from the west property line. The dwelling was constructed long before the adoption of a City zoning ordinance and is a lawful nonconforming use. 2. That current standards for the zoning district require structures to be set back from the property line a distance of 10 feet. 3. That the window wells proposed by the applicant are "structures" as defined by the zoning ordinance. 4. That the window wells were installed by the applicant before filing an application for a variance based upon the advice of the City Building Official that the window wells were not structures and not subject to restrictions of the zoning ordinance. This advice was given by mistake by the Building Official. 5. That the applicant plans to use the structure for single family residential purposes and would like to use the basement for living space. Exiting through window wells would allow the basement space to be used as living quarters. 6. That window wells can be placed on the opposite side of the building with a change in grade. 7. That recently the structure was placed on jacks and a new foundation was built under the structure. When this work was done, the structure could have been moved to a place on the lot that would have been in conformity with all set back requirements of the zoning district. 2 • • • • • • 8. That the applicant failed to move the structure to a conforming location on the lot when the applicant had a feasible opportunity to do so. 9. That without the window wells, even through the basement would not be habitable, the structure remains habitable as a single family structure, and the basement could be used for all purposes except for living and sleeping. 10. That if the window wells are installed 2 inches from the lot line, and the adjoining neighbor constructs a fence on or near the same lot line, the window wells might not be suitable to provide exiting from the basement or emergency rescue access to the basement by emergency personnel. 11. That although the City has granted variances to the side yard space in other instances in the past, the granting of prior variances cannot substitute for a lack of evidence on the criteria needed for the granting of a variance in this case. CONCLUSION OF LAW 1. This matter is properly before the City Council pursuant to the appeal procedure outlined in the Stillwater City Code. 2. That the property can be put to reasonable use as a single family residence if used under the conditions allowed by the zoning ordinance. 3. That the applicant has failed to establish a "hardship" within the meaning of the City Code and Minn. Stat. § 462.257. 4. That when the applicant failed to place window wells on the east side of the basement and also failed to move the structure to a conforming location on the lot when the opportunity arose, the applicant created circumstances resulting in his plight. ATTEST: Diane F. Ward, City Clerk ORDER The application for a variance as prayed for in this proceeding be and the same hereby is denied. Adopted by unanimous vote of the City Council this 3rd day of October, 2000. CITY OF STILLWATER Jay L. Kimble, Mayor 4 • • • i • • ,1 • • Memorandum "Jr To: Joint Board Commission �L pi 0.. From: Klayton Eckles, City Engineer G`�C \4 .("6/4 Date: 09/27/00 Subject: Annexation of Boutwell Road Right of Way DISCUSSION: Phase two of the Annexation Plan involves expansion along Boutwell and some improvements at the intersection of County Road 15. Currently, portions of Boutwell Road lie within the City limits while other portions are under township designation. As additional properties are annexed into the City, Boutwell Road will become a patchwork of ownership and eventually all will fall within City jurisdiction. Additionally over the course of the next five to seven years, there will be a steady but significant increase in traffic on Boutwell Road. For these reasons, City staff has been examining options for Boutwell Road to address safety concerns and future improvements. Currently Boutwell Road would be classified as a rural collector street. If all of Boutwell Road were within City jurisdiction, the City of Stillwater would have the capability of designating Boutwell as a Municipal State Aid Street. We would have this ability now only because we currently have sufficient mileage in the Municipal State Aid Bank to designate a street the length of Boutwell Road. There would be significant advantages if the City could designate Boutwell Road as a municipal State Aid Street now rather than in the future. Once a street is designated, the City will collect state aid funds every year until the street is improved or upgraded. It is estimated that if the entire Boutwell Road was designated, the City would collect between $50- 100,000 a year. These funds would be available to improve vehicle and pedestrian safety and accommodate future traffic volumes. If Boutwell Road is not designated MSA, it would be very difficult to finance any projects because of the limited number of properties which could be assessed as part of the normal street project. At this time, City staff has done very limited studies on the future of Boutwell. However, it appears that it would be a good candidate for a narrow two lane street with no parking. This is essentially what Boutwell Road is now. However, with addition of curb and gutter, the substandard and sometimes hazardous ditches along the road could be eliminated or minimized. Plus a better accommodation of pedestrians could be provided along the road. If the City were to annex all of Bout Road into the corporate limits now, it would also mean that the City would take over all maintenance and plowing operations. RECOMMENDATION• Given the significant financial benefits to designate a MSA street and the confusing patchwork of responsibility that will continue to mount as the annexation process proceeds, it's recommended that the Joint Board, Stillwater City Council, and Town Board consider the annexation of all of Boutwell Road/80 Street into the City corporate limits September zf, zuuu 2 • • Memorandum • " To: mint Board Commission From: Klayton Eckles, City Engineer Date: 09/27/00 Subject: Installation of Water Main along County Road 15 DISCUSSION: As part of the Phase II Annexation project it will be necessary to extend a water main along County Road 15 from County Road 12 to 80 Street. The timing of the Phase II development will require that a water main be installed in the spring and summer of 2001. Therefore, City staff has begun analyzing the best methods and issues involved with this installation. It appears that a large water main, approximately 16" diameter, would be installed along the East side of Manning all the way up to 80 Street and perhaps some distance East along 80 Street. The water main would be installed along the road and in the ditch section. There would be little or no disruption of any private property. However, the project would involve crossing several driveways. The project could be designed to insure that access to all the properties along Manning is maintained at all times. The project would not require any property owners to hookup to the water main. However, it would provide the opportunity for any property owners who wish to have city water to hookup for a moderate fee. RECOMMENDATION: City staff recommends that the Township and Joint Board consider the proposed water main installation project along County Road 15 and provide any comments or concerns to City staff prior to December 1, 2000. This would allow the completion of the plans and specifications prior to the Spring. No I PLANNING APPLICATION REVIEW FORM CASE NO. SUB /00 -63 • • Planning Commission Date: September 11, 2000 Project Location: 1025 Eagle Ridge Court, 1027 Eagle Ridge Court, 1028 Eagle Ridge Circle Comprehensive Plan District: Single Family Residential Zoning District: RA Applicants Name: Jim Jungmann Type of Application: Resubdivision Project Description: A request to resubdivide Lot 17, Block 1, Oak Glen 12 Addition, Lot 18, Block 1, Oak Glenn 12th Addition and Lot 22, Block 1, Oak Glen 12th Addition to add 15 feet to Lots 17 and 18, Block 1, Oak Glen 12t'' Addition. Discussion: The request for the resubdivision is to allow the applicant and his neighbors Carl and Tracy Baglio the ability to maintain a hill that is on the back portion of Dave and Patti Percival property. The zoning district for the above addresses is RA, Single Family Residential. The minimum lot size for that district is 10,000 square feet. The Percival's property is 37,266 square feet. Conditions of Approval: 1. Approval of City Engineer. 2. Legal survey to be recorded. 3. A utility /drainage easement shall be provided as required by the City Engineer. Recommendation: Approval as conditioned. Findings: The resubdivision meets the development regulations of the zoning and subdivision ordinances. Attachments: Application form, letter from applicant and maps. CPC Action on 9- 11 -00: +9 -0 approval. City of Stillwater Planning Commission September 11, 2000 garage would be attached to the house by a tunnel under the patio. He noted that none of the neighbors objected to the proposal. Also, they have a large lot, 150x150, and there would still be more green space that if there were two houses and garages which their size lot could accommodate. Mr. Zoller said he would have a problem with two large garages on the property, and he noted the walls of the existing structure could be left up to protect the slope. Mr. Ranum agreed he would hate to set a precedent of allowing two different garages. Mr. Rheinberger spoke in favor of the request, suggesting the retaining wall issue represents a hardship. Mr. Fontaine suggested the issue is whether a larger structure diminishes the use of the land considering the lot is twice as big as the zoning ordinance requires. Mr. Fontaine, seconded by Mrs. Bealka, moved approval as conditioned. Motion failed 4 -5, with Mr. Ranum, Mr. Wald, Mr. Hultman, Mr. Zoller and Mr. Middleton voting against. Case No. SUB /00 -63 A request to resubdivide Lot 17, Block 1, Lot 18, Block 1, and Lot 22, Block 1, Oak Glen's 12 addition adding 15 feet to Lots 17 and 18. Jim Jungmann, applicant. Mr. Jungmann and Carl Baglio, the neighboring property owner, noted the request is to enable Mr. Jungmann and Mr. Baglio to maintain a hill that is on the rear portion of the Percival property. Mr. Jungmann and Mr. Baglio already are maintaining the hill; the Percivals have agreed to sell the required portion of their property. Mr. Jungmann and Mr. Baglio were reminded of the conditions of approval regarding the need for a new survey and the provision of a utility /drainage easement. Mr. Zoller, seconded by Mr. Middleton, moved approval as conditioned; motion passed unanimously. Case No. SUP /00 -64 A special use permit for construction of a drive -thru at 1820 Market Dr. in the BP -C, Business Park Commercial District. David Reimer, applicant. Present were Mr. Reimer and Paul Williquette, owner of the local Dairy Queen franchise who is requesting the drive -thru. Mr. Fontaine asked about traffic patterns. Mr. Reimer noted the location is at the end of the development and directional signs will be provided. Mr. Russell stated the fire chief has looked at the plans; he said the request can be accommodated but will result in the loss of one parking space. Mr. Zoller said he would like to see an additional conditional of approval that the city engineer review and approve plans. Mr. Zoller moved approval with that additional condition. Mr. Rheinberger seconded the motion; motion passed unanimously. 2 • • COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 • V D * *An escrow fee is also required to the costs of attorney and engineering fees (see attached) The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. All supporting material (i e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater A site plan is required with applications. o es c P T r o ' o 1Px r Cie s PROPERTY IDENTIFICATION was I Csyle Riceje C Address of Project /0'4 e Acii ‹ Q, ei) e Ge Assessor's Parcel No. (GEO Code) Zoning District Description of Project R Sub si a r.) Le S 17, 1 ti ax gloat- oa- . (7)'‘ d i nog' l� - Ce,i "I hereby state the foregoing statements and all data, information and evidence submiffed herewith in all respects, to file best of my knowledge and belief, true and correct. 1 further certify I will comply with file permit if it is granted and used." Property OwnerJ l m 3 rn Ck. Mailing Address 1 cs. S £L 61c1f ei d 6 �• City - State - Zip SI) //(--) G to ✓ . ,/VI,.' sso 8 3 4 /30 — /91 ") Telephone No. Signature Lot Size (dimensions) x • Land Area Height of Buildings: Stories Feet Principal Accessory H:\MCNAMARA \SHEILA \PLANAPP.FRM June 22, 2000 PLANNING ADMINISTRATION FORM ACTION REQUESTED Representative Mailing Address City - State - Zip Telephone No. Signature SITE AND PROJECT DESCRIPTION _ se No: Date Filed: Fee Paid: Receipt No.: Fees _Special /Conditional Use Permit $50/200 Variance $70/200 ✓T esubdivision $100 _Subdivision* $100 +50 /lot _Comprehensive Plan Amendment* $500 _Zoning Amendment* $300 _Planning Unit Development * $500 Certificate of Compliance $70 _Design Review $25 /}1 e-k. Total Building floor area square feet Existing square feet Proposed square feet Paved Impervious Area square feet No. of off - street parking spaces 4/25/00 REQUEST FOR RESUBDIVISION. PLANNING COMMISSION, Jim & Andrea Jungmann (1025 Eagle Ridge CT.) along with Carl & Tracy Baglio (1027 Eagle Ridge CT.) have agreed with Dave & Patti Percival (1028 Eagle Ridge Circle) to resubdivide the above properties with the approval from the Planning Commission. The parties above would like to move the adjoining property marker approximately 15 feet into the Percival property. (Diagram attached). The movement of this property marker would allow the Jungmann's and the Baglio "s to maintain a hill that is on the back portion of the Percival's property. The legal descriptions of these lots are as follows: Jim & Andrea Jungmann 1025 Eagle Ridge CT Lot 17, Block 1, 12 Addition Carl & Tracy Baglio 1027 Eagle Ridge CT Lot 18, Block 1, 12 Addition Dave & Patti Percival 1028 Eagle Ridge Circle Lot 22, Block 1, 12 Addition Please call Jim Jungmann at 651- 770 -2042 or 651- 430 -1276 if there are any questions. Sincerely, (9e');L- Jim Jungmann • • • Location Map R=60 170.00 ;ITY OF STILLW STILLWATER TOWNSHIP 19 (oo83) 530.77 4 r (0 R22W R21W R2OW Vicinity Map 0 54 325.0 Scale in Feet This draft S N rank d ec rpl.ov, and rapoL9on disci records as they spear In micas alipbn Cevt/offices. Ts drw5,0ahsedb used b Wenn: r .b W+iwWr,CMY: mt po4s Sauw.W CargSurnyY4 Cam Parcel data based s/S400 raceme m apart 0apyr June 30. ZOO Map pinged frugiat ZOO a 001 1 4 wal 5 8 • I.Dcation Map 32 1. SO 10 DRAINAGE EASEMENT 2 STILLWATER TOWNSHIP 1 4 310 71) 23 GRAMGE EASEMENT DRAINAGE EASEMENT 2 OAK GLEN CUTLOT x DRAINAGE EASEMENT \Adnity Map 0 225 Scale in Feet WO aa.ig d. „Lotion m.� . 2r20 a .* �� C.aaaYbM S.a...wa bata,a va.4sy& GAIn. 4an • • • • • OMMUNITY OLUNTEER 6 ERVICE of The St. Croix Valley Area FOR IMMEDIATE RELEASE Date: September 25, 2000 Contact: Mary Rivard, Community Volunteer Service 2300 Orleans St. W, Stillwater, MN 55082 An Alert To Those Who Assistance with Leaf Raking October 28 is this year's national Make A Difference Day. Since 1992, the fourth Saturday of October has been a day for people to get involved in their communities by helping their neighbors in need. Here in the St. Croix Valley area the Community Volunteer Service and St. Croix Area United Way has joined forces with several charitable organizations, local businesses and community agencies to sponsor our own local service day —Rake A Difference Day. 2300 Orleans St. W. Stillwater, Mn 55082 651 439 - 7434 Fax 651- 439 -7616 Volunteer Center Stillwater Holiday of Washington County • Senior Center • Bureau • FYI Transportation Neighborhood Service • Service Exchange Due to many requests from local seniors and people with limited physical abilities who have trouble raking their own lawns, we've organized groups of volunteers to do the job. Last year's Rake A Difference Day was a huge success -249 people donated more than 630 hours of their time to rake the leaves of 51 homeowners and 3 public spaces in our local area. This year again, with help from volunteers we will cover the Lake Elmo, Stillwater, Bayport and Oak Park Heights communities. Individuals, churches and religious groups, schools, families, groups and clubs, government employees, local businesses, youth and members of the military can all be involved. Rake A Difference Day gives volunteers the chance to feel good about what they can do for their communities, and gives seniors and people with physical disabilities the opportunity to receive a valuable service at no charge. "Refusing to ask for help when you need it is refusing someone the chance to be helpful," (Author unknown). If you need assistance with yard chores this fall, call Community Volunteer Service to request a yard raking registration form, 651- 439 -7434. Community Volunteer Service and St. Croix Area United Way has received sponsorship from the following businesses and community agencies to implement this service project: American Legion Post 48, Andersen Corporation, Minnesota Alliance with Youth and Best Buy Corporation. • • • • • • SEP -27 -2000 09 :40 CITY OF OPH CITY OF OAK PARK HEIGHTS TUESDAY, SEPTEMBER 26, 2000 CITY COUNCIL MEETING FOLLOW-UP AGENDA 7:00 PM. 7 :00 p.m. L Call to Order /Approval of Agenj Motion to approve .Agenda as presented. Carried 4 — 0. 7:05 p.m. II. Department/Council Liaison Reports A. Planning Commission Update provided B. Parks Commission Update provided C. Cable Commission Update provided D. Water Management Organizations 1. Brown's Creek Watershed District Update provided 2. Middle St. Croix Watershed District Update provided 3. Valley Branch Watershed District .Nothing to report B. Other Liaison/Staff reports 7:15 p.m. III. Visitors/Public Comment A. Recycling Award Terry Johnson, 14244 Oldfield Avenue Ct. N. B. Nile Kriesel, City of Stillwater — Update on St. Croix Rec. Center Update provided C. Marc Hugunin — Washington County Green Space Referendum Information provided P.02/04 This is an opportunity for the public to address the Coun ;i! with questions or concerns on issues not pa_-t of the regular agenda_ (Please limit comments to 3 minutes in length.) 7:20 p. IV. Consent Agenda (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes — September 11, 2000 C. Approve 5` Payment Request for 57" Street D. Approve 8" Payment Request for 58t Street N. — Norell to Oa.lkgreen Ave. B. Approve Valley View Boardwalk Payment Request SEP -27 -2000 09:40 7:30 p.m. V. CITY OF OFF' Items C and E pulled for discussion. Motion to approve Consent Agenda minus items C and E. Roll call vote taken. Carried 4 — 0. Discussion held on item C opposed. Discussio held on item E. Motion to approve payment. opposed. VI. New Business Public f-Iearings A. Set Date for Underground Utilities — October 10, 2000 Motion to set date for October 10, 2000. Carried 4 — 0 B. Set Date for Right of Way — October 10, 2000 Motion to set date for October 10, 2000. Carried 4 — 0 P.03/04 . Motion to approve payment. Carried 3 — 1, Beaudet Carri 3 — 1, Beaudet A. City Hall Parking Lot Entrance During General Election Motion for City Hall parking lot entrances to rernain unchanged during the General Election. Carried 4 — 0. B. Sunnyside Marina CUP /PUD Motion to approve the Sunnyside Marina CUP/PUD with the conditions recommended by the Planning Commission. Roll Call Carried 4 -0 C. Mandt Side Yard Set Back Variance Request Motion to accept the Plarzning Commission recommendation to den the variance request. Carried 4 — 0. D. Zoning Ordinance Amendments: Establish a Public/Institutional District Motio to refer this item back to•the Planning Commission for notification of proposed changes to be sent to all affected parties and further review of the proposed changes with the affected parties. Staff is directed to provide a cost estimate for implementation of the proposed changes. Carried 4 — 0. E. Community Fitness Partners Request for M Funding Motion to authorize $200 contribution. Carried 4 — 0. F. Parks Commission Recommendations: Valley View Park Motion to accept the Parks Commission recommendations. Carried 4 -0. G. Set Dates for Council and Mayoral Debates Motion to direct staff to send a letter to the Cable Commission offering the Cit facilities for use if the Commission schedules a forum for the candidates for cit offices. Carried 4 — 0. • • • • • • EEF -27 -2000 09:41 CITY CF OFH VII. Old Business A. Boutwell's Landing Signage, Lighting and Park Name Motion to authorize V$ $A to move ahead with signage with the understanding that a park name is yet to be determined and that all signage must comply with Cit requirements. Carried, 3 — 1, Beaudet opposed. Motion to authorize VS SA to proceed with plans for 14 foot pole lighting on streets in Boutwell's Landing and to request Planning Commission consideration of 24 foot pole lighting in parking lots, trail lighting and lens type for all pole lighting. Carried 3 — 1, Beaudet opposed. 8:55 p.m. VIfl, Adiournment to EDA Meeting Motion to adjourn to EDA Meeting. Carried 4 — 0. IX. Acliouzmnent Motion to adjourn at 9:38 p.m. Carried 4 _ 0. 9:38 p.m. F.04/04 TOTHL F.C4 • • Date: September 20, 2000 To: From: Re: WASHINGTON COUNTY OFFICE OF ADMINISTRATION GOVERNMENT CENTER P.O. BOX 6 14949 62ND STREET NORTH • STILLWATER, MINNESOTA 55082 -0006 651 -430 -6000 Facsimile Machine 651-430 -6017 North Unit Phasing Work Group Mayors of Bayport, Oak Park Heights, Stillwater, Chair of Baytown Township, and John McPherson, Middle St. Croix River WMO Chair Jane Harper Principal Planter Water Governance Project Update: Brown's Creek Watershed District Enlargement Petition North Water Unit Consolidation - Revised Strategy and Time Line Brown's Creek Watershed District Enlargement Petition On September 19, 2000 the County Board directed the County Attorney's Office to file, with the Board of Water and Soil Resources (BWSR), a petition to enlarge the Brown's Creek Watershed District to incorporate the northern portion of the Middle St. Croix Water Management Organization. The BWSR will consider the petition and order a public hearing at its October meeting. I expect the public hearing to be held in mid - November with final action taken early next year. This petition includes the following recommendations: • That two members be added to the District's Board of Managers; that these additional members be from the sub - watershed area that is proposed to be added to the District. This is to ensure adequate representation from the newly incorporated area. That the enlarged watershed district be managed according to the existing water management plans of the current water units until the BWSR requires the District to complete a third generation water management plan. That the District use a district -wide ad valorem tax for administrative services and related general services that are provided throughout the District and use the full range of funding options available under State law to fund water quality and quantity projects that are not provided on a district -wide basis. North Water Unit Consolidation - Revised Strategy and Time line At its September 19 meeting, the County Board also accepted the following changes to the strategy and Time line to create the North Washington Watershed District. EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION dC /d /3 /ed James R. Schug County Administrate( Virginia Erdah Deputy Admi tor • • • • • Overall Strategy The original strategy was to complete the consolidation in one step, requiring the three necessary petitions (see the listing below) to be filed with BWSR in January 2001. BWSR would then consider and act on all three petitions at one time. The revised strategy is to complete the consolidation in two steps. The first step would be to incorporate the water management organizations into the current watershed districts the first year. The second step would be to consolidate the enlarged watershed districts into one District in the second year. The new time line and affected organizations are detailed below. Target Date The target date of consolidation of all four water units into one watershed district has been changed from June 1, 2001 to May 1, 2002. This target date would allow the new watershed district to meet the July 1 deadline for establishment of new taxing districts and to certify a budget for 2003. Step 1: Watershed District Enlargements Washington County will file a petition to enlarge the Brown's Creek Watershed District to incorporate the northern portion of the Middle St. Croix River Water Management Organization in September 2000 rather than January 2001. This enables BWSR to consider the petition at the same time as the petition requesting enlargement of the Valley Branch Watershed District to incorporate the southern portion of the Middle St. Croix River Water Management Organization. BWSR is expected to hold public hearings in mid- November and to take final action early in 2001. Washington County will file a petition to enlarge the Carnelian Marine Watershed District to incorporate the Marine on St. Croix Water Management Organization in December 2000 rather than January 2001. BWSR is expected to hold public hearings in February 2001 and to take final action in spring 2001. Step 2: Watershed District Consolidation Brown's Creek and Carnelian Marine Watershed Districts will jointly file a petition to consolidate in December 2001 rather than January 2001. BWSR is expected to hold public hearings and take fmal action by spring of 2002. The intent of this new strategy is two -fold: 1. To enable the watershed districts to levy over the entire area that is included in the consolidation to fund the first year operations of the consolidated watershed district. 2. To address the BWSR concern about leaving a portion of the Middle St. Croix River Water Management Organization as an "orphan area" after enlargement of the Valley Branch Watershed District. If you have any questions about these recent actions please call me at 430 -6011. c City Administrators of Bayport, Oak Park Heights and Stillwater Clerk of Baytown Township Klayton Eckles, Stillwater city Engineer Jim Schug, Administrator WASh INGTON COUNTY COUNTY BOARD AGENDA SEPTEMBER 26, 2000, 9:00 A.M. 1. 9:00 Washington County Regional Railroad Authority Convenes A. Roll Call B. RRA Meeting Minutes from May 23 and July 25, 2000 C. Lease Agreement with Hugo Business for Parking on RRA Right -of -Way D. Ad 2. 9:15 Washington County Board of Commissioners Convenes Roll Call Consent Calendar 3. 9:20 Human Resources Department - Judy Honmyhr, Director Minnesota Counties Insurance Trust Annual Risk Management Report - John Bower 4. 9:50 Community Services Department - Dan Papin, Director Local Service Unit Plan for Local Intervention Grant for Self - Sufficiency 5. 10:00 Gee.. :1 Administration - Jim Schug, County Administrator of General Obligation Capital Improvement Plan Bonds, Series 2000A 6. 10:10 Discussion from the Audience Visitors may share their concerns with the County Board of Commissioners on any item not on the agenda. The Chair will direct the County Administrator to prepare responses to your concerns. You are encouraged not to be repetitious of previous speakers and to limit your address to five minutes. 7. Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the fidl Board on committee activities, make comments on matters of interest and information, or raise questions to the staff This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 8. Board Correspondence 9. 10:25 Adjourn 10. 10:30 Board Workshop with Public Health and Environment to 11:00 Draft Groundwater Plan Update Process and Timelines for Completion 11. 11:00 Board Workshop with Transportation and Physical Development to 12:30 A. Funding Sources for Maintenance and Construction of the County Highway System B. Review Minnesota Department of Transportation's Cost Sharing Proposal for the TH 61/1-494 Wakota Bridge Reconstruction Project 12. 12:30 Lunch 13. 1:00 Board Workshop with Community Services Department to 1:45 Update on Concurrent Permanency Planning ** *MEETING NOTICES LISTED ON BACK * ** Aasistive listening devices a,e avauabir for use in the Coun Boani m EQUAL EMPLOYMENT OPPORT / AFF(} M ATIVE A CT I ON Roo EMPLOY Danis C. Hogberg District 1 �. Pultrabok District 2 Wok Abrahamson • District 3 M Peterson District 4 Dick Stafford District 5/Chair • • • • The following items are presented for Board approval/adoption: DEPARTIENT /AGENCY ITEM Administration Assessment, Taxpayer Sex and Elections Court Services Human Resources Public Health and Environment Sheriff WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR ** SEPTEMBER 26, 2000 A. Approval of the September 5 and 12, 2000 Board Meeting minutes. B. Approval to appoint Debra Barnes, Hugo, to the Sentence to Service Advisory Board to a term expiring December 31, 2001. C. Approval ofresolution exercising the County Board's authority underMinnesota273.061 to notreappoint Scott Hovet to the Office of Washington County Assessor. MrHovetis assuming aposition as a Commercial Industrial Appraiser. D. Approval to appoint Shelley Elling to the Community Corrections Advisory Board as a Probation Officer Representative to fill an unexpired term to December 31, 2000. E. Approval of modified Merit Pay Program for employees in the County Association of Supervisors bargaining unit F. Approval of an agreement with Cottage Grove for distribution of curbside recycling funds in the amount of 544,868. G. Approval of resolution authorizing the Sheriff to execute Operation NightCAP grant with the Minnesota Department of Public Safety. Transportation and Physical H. Approval to execute the terms of the grant agreement with FEMA for the funding $129,900 for floodplain mapping. Development Date September 25 September 26 September 26 September 26 September 27 September 27 September 28 September 28 September 28 September 28 1. Approval to cancel the public hearing for the proposed Washington County Right of Way Ordinance which was scheduled for September 26, 2000 and schedule a new hearing for October 10, 2000. �— J. Approval of supplemental agreement No. 1 to the plant mixed bituminous material inplace contract K. Approval to reject all bids for the North Shop air handler replacement project and authorization to =advertise at a later date. `Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Committee Library Board Interview with Incumbent to the Brown's Creek Watershed District Board Finance Committee Red Rock Corridor Station Area Workshop Metropolitan Mosquito Control Board Regional Solid Waste Management Coord. Board Community Corrections Advisory Board Resource Recovery Project Board Metropolitan TAB Red Rock Corridor MEETING NOTICES Time 630 p.m. 8:30 a.m. 2:00 p.m. 6:30 p.m. 9:00 a.m. 10:30 a.m. 7 :30 a.m. 8:30 a.m. 1230 pm 3:30 p.m. Location 1010 Heron Avenue North - Oakdale Washington County Government Center Washington County Government Center Newport Cty Hall - 596 7 Avenue - Newport 2099 University Avenue W. - St Pant 2099 University Avenue W. - St Panl Washington County Government Center 1670 Beam Avenue - Maplewood 230 E. 5 St. - Mears park Centre Cottage Grove City Hall 1. 2:30 Roll Call 2. Consent Calendar 3. 2:30 Transportation and Physical Development - Don Wisniewski, Director A. J.A.R. Bridge, Inc. Request to Pay for Bridge Inspection Services -Doug Fischer, Dep. Dir. B. Update on the New Woodbury Library and City Park Project - Dick Gauger, Manager 4. 4:00 General Administration - Jim Schug, County Administrator Administrative Update 5. 4:10 Discussion from the Audience Visitors may share their concerns with the County Board of Conant's:Monet= on any item not on the agenda. The Chair will direct the County Administrator to prepare responses to your concerns. You are encouraged not to be repetitious of previous speakers and to limit your address to jive minutes. 6. Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled fora future board meeting. 7. Board Correspondence 8. 4:30 Adjourn Date October 4 October 4 October 4 October 5 October 5 Committee Metropolitan LRT Joint Powers Board Plat Commission 911 Executive Committee Metropolitan Counties Energy Task Force EMS Radio Communication Board WAStuNGTON COUNTY COUNTY BOARD AGENDA ** *NOTE CHANGE IN TWEE * ** OCTOBER 3, 2000; 2:30 P.M. MEETING NOTICES Time 8:30 a.m. 9:30 a.m. 10:30 a.m. 9:00 a.m. 9:30 a.m. Location Hennepin County Government Center Washington County Government Center 2099 University Avenue West - St. Paul 125 Charles Avenue - St. Paul Wentworth Library - West St. Pant Assisdve listening devices am eva]abte for use in the County Board Room tl ou need assistance due to disabir,��t� or language barrier olease ea /t 430-6000 (7D0 439 -32201 E EMPLOYMENT OPPORTU / AFFNMATIVE ACTION EMPLOYER 004111114 C. Hogberg District 1 BIB Puikrab.ic District 2 wally Abrahams. District 3 Myra Paterson District 4 Dick Stafford District 51Chai • • WASHINGTON COUNTY BOARD OF COMMISSIONERS • CONSENT CALENDAR * OCTOBER 3, 2000 The following items are presented for Board approval/adoption: DEPARTMENT /AGENCY ITEM Administration •urt Services • A. Approval of resolution, negative declaration of need for an Environmental Impact Statement for the Rumpca Excavation Gravel Mining Operation in Denmark Township. B. Approval to appoint Patrick L. Miller, Willernie, as Washington County's representative to the Ramsey Action Program. C. Approval to reappoint Ned Gordon, Stillwater, to the Brown's Creek Watershed District, to a three -year term expiring October 21, 2003. D. Approval to designate the 2000 Association of Minnesota Counties delegates list. - E. Approval to renew grant with the Minnesota Department of Children, Families and Learning, Office of Drug Policy and Prevention, on behalf of the Washington County Community Circle Council with Court Services acting as host agency for fiscal and personnel matters. *Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. • September 28, 2000 FYI STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson Louise Bergeron, Supervisors Jerry Hicks, David Johnson, Ken Laboda and Sheila Marie Untiedt. Also Attorney Tom Scott, Treasurer Warren Erickson, Planner Meg McMonigal and Peace Officer Steve Nelson. 1. AGENDA — M/S/P Laboda/Hicks moved to adopt the agenda as amended. (5 ayes) 2. MINUTES — M/S/P Untiedt/Laboda moved to approve the 9/14/00 Stillwater Town Board Meeting minutes as written. (4 ayes, Bergeron abstain) 3. TREASURER — Treasurer Warren Erickson gave his monthly report. Checks #14382 through #14395 were approved for payment. 4. ACCESSORY BUILDINGS — There was discussion of Theresa Greenfield's memorandum dated September 26, 2000. The consensus was that the Planning Commission should review Chapter Two, Part 3, Section 1.2 Accessory Structures. of the zoning ordinance with respect to terminology and wording. 5. DENNIS O'DONNELL — Dennis O'Donnell, Washington County, was present to discuss tower issues. He reviewed the history of the County ordinance and pointed out the existing tower locations in the County as well as new applications. Paul Roelandt of the National Park Service was also present. He invited Stillwater Township to send a representative to their regional task force meetings. He cited towers being proposed in communities along the river. 6. PEACE OFFICER — Peace Officer Steve Nelson gave an update on getting Lee Gohlike to clean up his property. There has been no response from him. Dennis O'Donnell will be asked to review the County ordinance as to what can be done on the County's impetus since this land abuts County property. 7. TOWER ISSUES — Eileen Sexton asked for the Board to consider a moratorium on the tower applications and highlighted the issues from her letter sent to the Town Board. Duane Laabs spoke about FCC rulings and how they relate to this application especially with respect to competition and service and also spoke about satellite technology. Jim Doriott further discussed tower issues and asked for a moratorium and would like to see a two mile setback from the St. Croix River. There was a discussion of the possibility of declaring a moratorium in light of the interest of concerned citizens, media, other governmental agencies (states, counties, National Park Service, other local levels of government), the potential ordinance conflicts, the fact that the comprehensive plan is being challenged for its compatibility to the situation, and the fact that this is the first tower to be considered in the Township Stillwater Town Board Meeting — 9/28/00 Page Two M/S/P Hicks/Laboda moved to direct the Township Attorney to prepare the necessary information and documents with respect to a moratorium to be considered at the next Town Board meeting. (5 ayes) The Attorney will contact Peter Coyle of Larkin, Daly and Lindgren, Ltd. to advise him of what is being contemplated and the Attorney will also attend the October 5, 2000 Planning Commission meeting. 8. JOINT PLANNING REPORT — Ken Laboda and David Johnson reported on the recent Joint Planning meeting. In particular, there was a discussion of the proposed public works site which abuts township parkland. M/S/P Johnson/Hicks moved that the clerk should write to the City seeking boundary clarification of their proposed facility and remind them of the dedicated parkland and that the Board supports maximizing use of the park. (5 ayes) 9. WATERSHED/WATER MANAGEMENT - Louise Bergeron reported on the recent watershed meeting. 10. ADJOURNMENT — M/S/P Laboda/Hicks moved to adjourn the meeting. (5 ayes) The meeting was adjourned at 10:10 p.m. Clerk Chairperson Approved • • •