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HomeMy WebLinkAbout2006-01-17 CC Packet .EGULAR MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO. 06-02 Council Chambers, 216 North Fourth Street January 17, 2006 7:00 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Possible approval of January 3,2006 regular and recesse PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Presentation of retirement plaque to Sue Fitzgerald OPEN FORUM The Open Forum is a portion of the Council meeting to address Council 0 the meeting agenda. The Council may take action or reply at the time of t to staff regarding investigation of the concerns expressed. PUBLIC HEARINGS UNFINISHED BUSINESS 1. Possible adoption of re variance to allow retai Residential District h are not a part of or may give direction STAFF REPORTS 1. Police Chief 3. City Clerk 2. Fire Chief 4. Director of Admin 5. 6. 7. City Attorney 8. Finance Director 9. City Administrator CONSENT AGENDA* 1. Resolution 2006-24, directing payment of bills 2. Possible approval of Special Event - Brine's 14th Ann 3. Resolution 2006-25, amending Resolution 200 Personnel 4. Resolution 2006-26, approving consultant contra . 5. Resolution 2006-27, approving 2006 Annual Maint Hall and Public Works facility 6. Resolution 2006-28, approving contr 7. Resolution 2006-29, approving fores 8. Resolution 2006-30, approving Tautges Redpath, Ltd. all Tournament ing Hourly Pay Rates for Part.time Fire Robert J. Lockyear nee Agreements with Johnson Controls for City n with Max T odo t contract for 2006 tter - arbitrage agreed upon procedures with ng findings of fact, conclusions and order related to the denial of a y located at 104 North Owens Street in the RB, Two Family NEW BUSINESS 1. Possible appr 2. Possible ap 3. Possible a (Resoluf 4. Discu 'on for bond sale (Library & 2006 Capital Outlay) t to Charter Commission (Resolution) f sibility report and calling for hearing on 2006 Street Improvement Project ering Staff Workloads and Possible Consultant Use for 2006 PETITIONS, COMMUNICATIO UALS, DELEGATIONS & COMMENDATIONS (continued) IREQUESTS COUNCIL REQUEST ITEMS "TAFF REPORTS (continued) ADJOURNMENT *AII 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 CITY OF STILLWATER CITY COUNCIL MEETING NO. 06-02 Council Chambers, 216 North Fourth Street January 17, 2006 7:00 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Possible approval of January 3,2006 regular and recessed minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Presentation of retirement plaque to Sue Fitzgerald 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. STAFF REPORTS 1. Police Chief 3. City Clerk 2. Fire Chief 4. Director of Admin 5. Community Dev. Director 6. City Engineer/PWD 7. City Attorney 8. Finance Director 9. City Administrator CONSENT AGENDA* 1. Resolution 2006-23, directing payment of bills 2. Possible approval of Special Event - Brine's 14th Annual Bocce Ball Tournament 3. Resolution 2006-24, approving consultant contract with Robert J. Lockyear . 4. Resolution 2006-25, amending Resolution 2005-272, Establishing Hourly Pay Rates for Part-time Fire Personnel 5. Resolution 2006-26, approving contract extension with Max Todo 6. Resolution 2006-27, approving 2006 Annual Maintenance Agreements with Johnson Controls for City Hall and Public Works facility 7. Resolution 2006-28, approving forestry consultant contract for 2006 PUBLIC HEARINGS UNFINISHED BUSINESS 1. Possible adoption of resolution adopting findings of fact, conclusions and order related to the denial of a variance to allow retail use on property located at 104 North Owens Street in the RB, Two Family Residential District NEW BUSINESS 1. Possible appointment to Charter Commission (Resolution) 2. Possible approval of feasibility report and calling for hearing on 2006 Street Improvement Project (Resolution) 3. Possible approval of resolution for bond sale (Library & 2006 Capital Outlay) (available Tuesday) 4. Discussion on Engineering Staff Workloads and Possible Consultant Use for 2006 PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICA TIONS/REQUESTS COUNCIL REQUEST ITEMS .T AFF REPORTS (continued) ADJOURNMENT *AII 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. " . . . ~ CITY OF STILLWATER CITY COUNCIL MEETING NO. 06-01 January 3, 2006 REGULAR MEETING 4:30 P.M. Mayor Kimble called the meeting to order at 4:30 p.m. Present: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Staff present: City Administrator Hansen City Attorney Magnuson City Clerk Ward Director of Administration Knauss Finance Director Harrison Fire Chief Glaser Police Chief Dauffenbach Public Works Director Eckles OTHER BUSINESS Library Project Update Bill Hickey, president of the Library Board of Trustees, was present for the monthly project update. He said work is progressing nicely with the form work for the walls going up. The strip footings are nearly 100 percent complete; the foundation work and walls in the area of the lobby are completely finished. Schedule-wise, he said the project is in pretty good shape. Dollar-wise, to date, $3,452,397 has been committed. Electrical, mechanical and drywall subcontracts were scheduled to be accepted the first week of January; he said A&P has done a good job in encouraging local contractors to pa rtici pate. Councilmember Junker said he had heard that some neighbors to the north of the project site had experienced some cracking in their walls. Mr. Hickey said he was unaware of any such problem and said he would like more information if such a problem truly exists. Discussion on 4th of Julv Fireworks - Dave Eckberq Dave Eckberg presented the Council with a photo of a past fireworks display. He said the proposal is the same as last year. The display would take place on the 4th of July. Two orchestras have committed to perform, one in Lowell Park, the other in Pioneer Park. A fly-by has been requested, but is never confirmed until close to the actual date. He requested the City's support in the amount of $15,000, the same as contributed for the past 10 years. Mr. Eckberg also asked that the Council consider making that contribution as soon as possible in order to take advantage of an offer by Melrose ~. City Council Meeting - 06.01 January 3, 2006 " Pyrotechnics. Councilmember Milbrandt asked about vendor requests to see .. merchandise in Lowell and Pioneer parks. Mr. Eckberg said such requests are reserveP for local groups such as the Historical Society, Library Board and other local groups' fund-raisers. Motion by Councilmember Milbrandt, seconded by Council member Polehna to approve the $15,000 contribution, with the check to be made available as soon as practical. All in favor. STAFF REPORTS Police Chief Dauffenbach noted there was a mistake in the memo regarding the purchase of new squad cars. He said the request is to purchase three squads, and those funds have been allocated as part of the budget process. Director of Administration Knauss said the City's share of the State's tobacco settlement in the amount of $16,000 was received last week. Councilmember Junker suggested it would be good to remind residents about the new schedule for recycling pickup. Public Works Director Eckles reported that the railroad people have requested that the stop sign at Hazel and the railroad tracks remain in place. Technically, he said, a sign is not required at that location; however, the railroad people have encouraged the City to keep the sign age as is. The meeting was recessed at 4:55 p.m. . RECESSED MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7 p.m. Present: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Russell Fire Chief Glaser Police Chief Dauffenbach Public Works Director Eckles City Clerk Ward APPROVAL OF MINUTES Motion by Councilmember Junker, seconded by Councilmember Harycki to approve the December 20, 2005 regular meeting minutes. All in favor. . Page 2 of 16 , . . . City Council Meeting - 06-01 January 3, 2006 PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation: Stillwater Girls Swimminq & Divinq Team Mayor Kimble invited the State Champion Stillwater Girls Swim and Dive team to the dais and read a proclamation recognizing the many accomplishments of the team and coaches and designating Jan. 4, 2006, as Stillwater Girls Swimming & Diving Team Day in the City of Stillwater. Presentation of Plaque to Community Development Director Russell Mayor Kimble presented a plaque to Community Development Director Steve Russell in appreciation of Mr. Russell's contributions to the City during his 19 years of service. Mr. Russell thanked the Council, staff and Commissions for their support during his time with the City. OPEN FORUM There were no public comments. CONSENT AGENDA* Motion by Councilmember Junker, seconded by Councilmember Milbrandt to approve the Consent Agenda. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None City Administrator Hansen noted that regarding Item No.7, the agreement with St. Croix Caterers, last year the Council requested that in the future the agreement be reviewed by the Park Board before adoption by the Council. The Park Board has reviewed the 2006 agreement as directed. Resolution 2006-01, directing payment of bills Resolution 2006-02, approving renewal agreement with the Sand Creek Group for Employee Assistance Program Services Resolution 2006-03, designation of depositories for 2006 Resolution 2006-04, approving retainer for City Attorney for 2006 Request to purchase office furniture - Fire Department Request to purchase three squad cars - Police Department Resolution 2006-05, approving St. Croix Caterers management Agreement for Recreation Center and Lily Lake Arena for 2006 Resolution 2006-06, authorizing obtaining quotes for purchase of items not available on State Bid for Public Works Department Page 3 of 16 City Council Meeting - 06-01 January 3, 2006 'l Resolution 2006-07, authorizing purchase of equipment for Parks and Public Works . Department Resolution 2006-08, resolution relating to financing of certain proposed projects to be undertaken by the City of Stillwater; establishing compliance with reimbursement bond regulations under the Internal Revenue Code Resolution 2006-09, appointments to various City of Stillwater boards/commissions PUBLIC HEARINGS Case No. V/OS-64. This is the date and time for a public hearinq to consider an appeal of the Planninq Commission's decision on a request from Lisa Ann Clark for a variance to the Duplex Residential Zoninq Requlations for a commercial use, therapeutic healinq retail sales home business located 104 North Owens Street in the RB, Two Family Residential District. Notice was mailed to affected property owners and published in the Stillwater Gazette on December 9,2005. (Tabled from December 20,2005 meetinq) Mayor Kimble opened the public hearing. Ted Gillen, 1011 W. Myrtle St., spoke against the request, citing the potential for additional traffic in an already high-traffic area and the desire to keep the area residentially zoned as under the current zoning ordinance. Lisa Clark, applicant, explained that her request would not have much of an impact as. regards to traffic. She said she was asking for the lower level of the duplex only to hav some small level of retail services for products related to therapeutic/well-being services. She said the level of service would not require a parking lot or many parking spaces and hours would be limited. She said she understood concerns but said she didn't think her proposal would have a noticeable impact. She also said she thought she should have the same opportunity as some of the neighboring properties, such as Len's Foods and the Just for Me spa/fitness center, which constructed a large addition in recent years. She also spoke of the condition of the residence, including the fact that there is no kitchen on the lower level, which makes it difficult to use the space for living quarters. AI Roettger, 919 W. Myrtle, spoke against the variance. Mr. Gillen refuted Ms. Clark's statement regarding the lack of a kitchen. Mayor Kimble closed the public hearing. Councilmember Harycki said he had door- knocked in the area and those he spoke with were very concerned about the traffic in the area and the possibility for more retail use in the neighborhood. Councilmember Milbrandt agreed with the concern about the existing traffic situation and noted the proposed use is clearly against City Code; he also said there didn't appear to be any hardship in that the structure could be used for a residential dwelling. Council members Junker and Polehna agreed with the concern about the existing traffic situation. . Page 4 of 16 City Council Meeting - 06-01 January 3, 2006 . Motion by Councilmember Milbrandt, seconded by Councilmember Harycki to have a straw vote to support the Planning Commission's recommendation and deny the variance, directing the City Attorney to prepare findings of fact. Ayes: Council members Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Case No. SUB/05-70. This is the date and time for a public hearinq to consider a request from Georqe I Middleton for a minor subdivision of Lots 35-38, Block 7, Carli and Schulenberq's Addition located at 1221 North Broadway in the RB, Two Family Residential District. Notice was mailed to affected property owners and published in the Stillwater Gazette on December 23,2005. . Community Development Director Russell explained the request is to subdivide several lots totaling 85,480 square feet into four lots, the smallest of which is 14,460 square feet. The zoning district requires 7,500 square feet. The Planning Commission recommended approval, he said. The request was presented to the City previously but put on hold until completion of the North Hill project and the availability of services. The existing home would remain, with three additional lots recreated by the subdivision. Councilmember Junker asked about access to the existing house. Councilmember Harycki asked whether hook-up to services would be required. Public Works Director Eckles stated that development of new lots would require a hookup charge for the new lots. Mayor Kimble opened the public hearing; no comments were received and the hearing was closed. Councilmember Milbrandt noted the subdivision meets all setback requirements and moved approval. Councilmember Harycki said no adverse comments were received by neighbors and seconded the motion. Councilmember Junker said he thought this was the biggest change to a neighborhood of any subdivision requests in the past year and said he was surprised that there was not an issue with slopes regarding this proposal. Councilmember Harycki asked if a condition would be added that would require the new lots to be subject to the pending infill guidelines. Mr. Russell noted no variances are required, thus there isn't a mechanism for doing so. However, Mr. Russell noted that this is just a subdivision request and depending on when building permits are applied for, the new lots could be subject to the infill guidelines if those guidelines have been adopted by then. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki to adopt Resolution 2006-10, approval of a minor subdivision of Lots 35-38, Block 7, Carli and Schulenberg's Addition located at 1221 North Broadway in the RB, Two Family Residential District (Case No. SUB/05-70. . Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Page 5 of 16 City Council Meeting - 06-01 January 3, 2006 Case No. SV/05-71. This is the date and time for a public hearinq to consider a request from. James and Diane Kleinke and Ande and Muriel Hassis for a street vacation of a portion of unimproved Holcombe Street abuttinq Lot 5, Blk 9 Thomas, Parker and Mower's Second Addition. Notice was mailed to affected property owners and published in the Stillwater Gazette on December 23, 2005. Community Development Director Russell reviewed the request; he noted the Council heard a similar request and a partial vacation was granted previously. He said access to other lots would not be impacted based on the condition that all the lots owned by the Kleinkes be combined into one parcel. The Planning Commission reviewed the request and recommended its approval. City Attorney Magnuson said the street is unusual in that it is a 30' wide street and is part of the parcel lying to the west; he noted that since this is a joint petition, it appears the applicants have agreed on how the vacated portion will be split. Mr. Russell noted the Kleinkes had provided written verification that they are following through with the condition that the lots be combined. Mayor Kimble opened the public hearing. James Kleinke, one of the applicants, clarified which lots have been combined. No other comments were received and the hearing was closed. Motion by Councilmember Junker, seconded by Councilmember Polehna to adopt Resolution 2006-11, resolution approving street vacation of a portion of unimproved Holcombe Street . abutting Lot 5, Blk 9 Thomas, Parker and Mower's Second Addition. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Case No. SUB/05-72. This is the date and time for a public hearinq to consider a request from Steve Bremer, 402 Main Street LLC, for a minor subdivision of Lot 3, Block 1 Joseph Wolf Brewery Addition into one lot of 1,200 square feet located at 402 South Main Street in the CBD, Central Business District. Notice was mailed to affected property owners and published in the Stillwater Gazette on December 23. 2005 Community Development Director Russell explained the request is to split off one of the first-floor retail spaces so the space could be sold. He said there is one condition of approval, that the request meets all building code requirements. The Planning Commission reviewed the request and recommended approval. Mayor Kimble opened the public hearing; no comments were received, and the hearing was closed. Motion by Councilmember Junker, seconded by Council member Milbrandt, to adopt Resolution 2006-12, approving a minor subdivision of Lot 3, Block 1 Joseph Wolf Brewery Addition into one lot of 1,200 square feet located at 402 South Main Street in the CBD, Centre Business District (Case SUB/05-72) with conditions. Page 6 of 16 .' City Council Meeting - 06-01 January 3, 2006 . Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Case No. CPAl05-01. This is the date and time for a public hearinq to consider a request from Croix Capital Group for a Comprehensive Plan Amendment chanqinq land use desiqnation of 8.0 acres of land "Liberty West" from Rural Residential to Cottaqe Residential located at 7135 - 7143 Manninq Avenue. Notice was mailed to affected property owners and published in the Stillwater Gazette on December 23, 2005 Case No. ZAM/05-01. This is the date and time for a public hearinq to consider a request from Croix Capital Group for a Zoninq Amendment chanqinq the zoninq desiqnation from Aqricultural Preservation, AP, to Cottaqe Residential, CR. of 8.0 acres of land "Liberty West" at 7135 - 7143 Manninq Avenue. Notice was mailed to affected property owners and published in the Stillwater Gazette on December 23, 2005 Case No. PUD/05-73. This is the date and time for a public hearinq to consider a request from Croix Capital Group for Planned Unit Development for a 20 lot development on 8.0 acres of land located at 7135 - 7143 Manninq Avenue in the Cottaqe Residential. CR. District. Notice was mailed to affected property owners and published in the Stillwater Gazette on December 23,2005 . Case No. SUB/05-75. This is the date and time for a public hearinq to consider a request from Croix Capital Group for preliminary plat approval for a 20 lot subdivision on 8.0 acres of land in the Cottaqe Residential District located at 7135-7143 Manninq Avenue. Notice was mailed to affected property owners and published in the Stillwater Gazette on December 23.2005. Case No. ANN/05-01. This is the date and time for a public hearinq to consider a request from Croix Capital Group for annexation of 8.0 acres of land located at 7135-7143 Manninq Avenue zoned Cottaqe Residential into the City of Stillwater "Liberty West". Notice was mailed to affected property owners and published in the Stillwater Gazette on December 23,2005 Community Development Director noted there are five planning reviews related to "Liberty West." He pointed out that the site is in the Phase 4 annexation area. The Orderly Annexation Agreement allows owners of properties in the Phase 4 area to petition for early annexation and the City Council may annex such properties if it deems appropriate. This site, he noted, is surrounded by the Liberty development. When the Liberty development was approved, this site was considered regarding road access and utilities. The development plans, he said, are consistent with what was planned for that area in terms of land use. The current land use designation is Rural Residential, consistent with it being in the Township. The proposal is to designate the land Small Lot, Single Family, the same as the property adjacent to the site to the east in the Liberty development. To the north is attached, single-family; attached, single-family is not being requested, he said. . It was decided to take action on all five requests after hearing the presentation on the entire project. Mr. Russell briefly reviewed plans for the 19-1ot development and the site, Page 7 of 16 City Council Meeting - 06-01 January 3, 2006 which is adjacent to County Road 15 and includes a thick stand of evergreens propos. to be retained to serve as a highway buffer; preserving the evergreens, he said, will require installation of a retaining wall. Issues relating to the retaining wall are being discussed with the developer and Washington County, he said. Another major resource/constraint is large oak trees which are located on the site; plans include careful efforts to preserve those trees and incorporate them into the site development. Some concern was expressed at the Planning Commission, he said, regarding the three lots to the south boundary line. Originally plans showed a driveway/alley access to those three lots. Since the Planning Commission and Joint Board meeting, he said the alley access has been moved so those lots have front access, more of a standard driveway approach. Regarding park dedication, Mr. Russell said originally the developer was dedicating Lot C for parks/open space. The Planning Commission and Parks Board wanted to see more justification as to meeting park dedication requirements. As a result, one development lot was removed and added to the open space area, as recommended by the Parks Board, along with a fee of $20,000 in lieu of land dedication. One additional issue, he said, is that the Water Board would like to look at this site as a possible location for an additional well. He noted there are 29 conditions of approval that relate to the subdivision and PUD. The Planning Commission reviewed the request and recommended approval. The Joint Board also reviewed the request and recommended approval. The Parks Board recommended approval with the additional park dedication and fee, he concluded. City Attorney Magnuson said it would be possible to combine the public hearings. He . noted that action on the rezoning would be limited at this time to a first reading, since ordinance changes require two readings. Also, he said there should be an added condition of approval that there is a development agreement before final plat approval. Mayor Kimble opened the public hearings. Marc Putnam of Putnam Planning, representing the developer, reviewed plans. He spoke to the efforts made to respond to the County's plans for Manning Avenue improvements. He briefly reviewed the change to the plan to accommodate previous concerns regarding the shared alley at the southern property boundary. He highlighted the significant efforts to preserve existing trees; he asked that a condition regarding retaining wall placement around several of the large oaks be modified to help assure the preservation of the trees. He noted plans have been modified to reflect the Park Board's recommendation that one of the lots be eliminated; regarding the $20,000 park dedication fee, Mr. Putnam asked that the $20,000 be obligated to park improvements in the Liberty West area, particularly in the area surrounding the trees. Mr. Putnam requested the Council to consider several changes to the conditions of approval. He asked that language in Condition #19 related to the placement of retaining walls along the curb be amended to state that final alignment should be coordinated with preserving trees; Public Works Director Eckles noted the streets have already been narrowed and there is a concern about snow removal and other engineering issues. Mr. Eckles also noted there are some safety issues. Mr. Magnuson suggested language: . However, final alignment shall be coordinated with preserving trees, and in order to Page 8 of 16 City Council Meeting - 06-01 January 3, 2006 . avoid adverse impacts on existing, significant trees, the retaining wall be, in this instance, moved closer to the right-of-way line. Councilmember Milbrandt suggested from the Park Board's standpoint that the preservation of the significant trees is a priority and suggested that tree preservation be made an emphasis in any language change. Mr. Eckles said the discussion would serve as a direction to staff in determining the final alignment. Mr. Putnam asked that Condition No. 26 be eliminated, since the driveway in question has been removed from the plan. He also asked that language be added to Condition No. 27 indicating that the $20,000 fee be spent on park improvements in the Liberty West development with Park Board approval. Regarding a possible well location on the site, Mr. Putnam noted this is one of the tightest and most sensitive areas he had ever worked on and said he hoped another location could be found. He said they have offered to work with the Water Board on another location on property owned by this landowner. Jeno Johnson, 3667 Planting Green, owner of the property where one of the significant oaks stands asked that an arborist be consulted in determining the final road alignment for the entrance to Liberty West. The Council assured Mr. Johnson that would be done. . Jeff Doe, 430 Harvest Green, thanked the developers, on behalf of himself and his neighbors, for the changes made in plans at the south end of the development. Rob Lawrence, 3664 Planting Green, also thanked developers for their efforts and said he liked the plans. He noted that he lives across the street from the retaining wall and the oak tree in question and said he would be willing to concede some property, in the spirit of cooperation, in order to aid in the preservation of the tree. Jim Gallagher, 437 Country Road, expressed a concern that Heritage Road will be one of the main access points into that part of the development. He said there are 55 children living there, with the potential for doubling that number with the new development. The problem, he said, is that Heritage Road and Country Road currently is an uncontrolled intersection. He said he had no concerns about the development, but does have concerns about traffic. He said he would like to see a No Outlet sign facing Country Road, as well as a stop sign at the intersection of Heritage and Country Road. No other comments were received, and the hearings closed. Motion by Council member Junker, seconded by Council member Harycki to adopt Resolution 2006-13, approving a Comprehensive Plan Amendment changing land use designation of 8.0 acres of land "Liberty West" from Rural Residential to Cottage Residential located at 7135 - 7143 Manning Avenue. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble 4It Nays: None Page 9 of 16 City Council Meeting - 06-01 January 3, 2006 Motion by Councilmember Milbrandt, seconded by Council member Polehna to approve the . first reading of the zoning amendment. Ayes: Council members Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Mr. Russell suggested adding another condition that emergency fire access requirements be met for alley lots or residential sprinkling required, noting the Fire Department has some concerns regarding lots with alley access. Councilmember Polehna expressed a concern about Condition No. 27 allowing the developer the option of determining how the $20,000 fee is spent; he said that should be a decision of the Park Board. Councilmember Milbrandt said that clearly is the intent of the Park Board. Councilmember Junker applauded Mr. Aamodt and his development team for their efforts at revising plans to address concerns expressed by residents. Roll call vote was taken. Motion by Councilmember Junker, seconded by Councilmember Polehna to adopt Resolution 2006-14, approving the Planned Unit Development for a 20 lot development on 8.0 acres of land located at 7135 - 7143 Manning Avenue in the Cottage Residential, CR, District, with the 30 conditions of approval, removing Condition No. 26 as discussed earlier, No. 29 being the requirement for a developers' agreement before final plat approval and the additional condition regarding emergency fire access. . Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Motion by Councilmember Junker, seconded by Councilmember Milbrandt to adopt Resolution 2006-15, approving preliminary plat approval for a 20 lot subdivision on 8.0 acres of land in the Cottage Residential District located at 7135-7143 Manning Avenue. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Motion by Council member Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2006-16, a resolution annexing land to the City of Stillwater pursuant to the joint resolution of the City and Town of Stillwater as to the orderly annexation dated August 16, 1996. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Mayor Kimble recessed the meeting at 8:41 p.m. and reconvened the meeting at 8:53 p.m. Case No. CCNI05-50. This is the date and time for a public hearinQ to consider a request from Royal Oaks Realty and Oqren Properties for a Certificate of Compliance and a variance to the rear yard setback (75 feet required, 35 feet and 67 feet proposed) for a 19 lot office Page 10 of 16 City Council Meeting - 06-01 January 3, 2006 . condominiums development on a 5.14 acres of land located at 1749 South Greeley in the BP-I, Business Park Industrial District. Notice was mailed to affected property owners and published in the Stillwater Gazette on December 23, 2005 Case No. SUB/05-45. This is the date and time for a public hearinQ to consider a request from Royal Oaks Realty and Oqren Properties Industrial District for a preliminary plat approval of a 20 lot subdivision on 5.14 acres of land located at 1749 South Greeley in the BP-I, Business Park. Notice was mailed to affected property owners and published in the Stillwater Gazette on December 23, 2005 . Community Development Director Russell reviewed the request to construct an office condominium development. Currently there is an office building and some storage buildings on the site; the storage buildings will be removed. The application was first received by the Planning Commission in August. At that point, a tree survey had not been completed and the Commission directed the applicant to complete the required survey and look at some issues related to grading, lot coverage, and setbacks. The applicant returned to the Commission on Dec. 12 with revisions addressing most of the issues. One remaining issue, he said, is drainage/runoff from the rear. The City's and developer's engineers are working on that issue. The use is consistent with the BP-I District and does not require a special use permit, he said. The variance is for the setback. He noted there are several conditions of approval. Conditions were added to address concerns regarding impact of lighting on residents to the rear of the development, additional evergreen screening of the structures, and fencing for additional buffering for residential properties to the east. Modified plans removed three units from the project to address impervious surface coverage and drainage issues raised in the earlier review, he noted. Mr. Russell also pointed out there is a natural area at the rear of the property owned by Washington County, which is deed-restricted to remain in open space, so the project will be in excess of 200 feet from the residential properties to the east. City Attorney Magnuson suggested adding the condition that there is a development agreement before final plat approval. . Mayor Kimble opened the public hearing. Mike Black, Royalty Oaks Realty, and Eric Ogren, owner of the property, and the project engineer were present. Mr. Black reviewed issues they have been able to resolve. Regarding the rear drainage, he said 90 percent of the runoff will be kept on site. He said gutters and rain gardens also are proposed to further address that issue. He said they are continuing to meet with City Engineer and Watershed District officials to address the issue. He noted that there is a condition prohibiting lighting on the rear of the buildings to address concerns raised by neighbors to the east; however, some type of lighting over the rear entrances may be required by building code. He said they would be willing to accept any condition that such lighting be softened or shielded. During the discussion, Mr. Russell suggested the lighting condition, No.7, be changed to indicate that rear lighting shall be directed downward or of a pedestrian scale lighting. Eric Ogren noted the Ogren family business would continue to be a resident of the property and said he thought they were bringing a product to the community that is needed and attractive. No other comments were received, and the hearing was closed. Page 11 of 16 City Council Meeting - 06-01 January 3, 2006 Motion by Council member Polehna, seconded by Councilmember Junker to adopt ResolutiO' 2006-17, approving Certificate of Compliance and a variance to the rear yard setback (75 feet required, 35 feet and 67 feet proposed) for a 19 lot office condominiums development on a 5.14 acres of land located at 1749 South Greeley in the BP-I, Business Park I ndustrial District. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Motion by Council member Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2006-18, approving preliminary plat approval of a 20 lot subdivision on 5.14 acres of land located at 1749 South Greeley in the BP-I, Business Park as conditioned, with the additional condition that there be a developers' agreement before final plat approval. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Councilmember Junker expressed appreciation for the efforts made to address issues and concerns. UNFINISHED BUSINESS Possible approval of downtown desiqn quidelines . Community Development Director Russell said the guidelines have been reviewed by the Chamber's Historic District as directed by Council. The Historic District made several comments regarding the guidelines, which were forwarded to the Heritage Preservation Commission. The HPC, he said, has indicated it will put together a potential color palette in response to one of the comments. Regarding the Historic District's comments suggesting height restrictions, he said that is currently under review. Mr. Russell noted these are updated guidelines to reflect the experience of the City since the original downtown design guidelines were adopted in the early 1990s. Motion by Council member Milbrandt, seconded by Council member Harycki to adopt Resolution 2006-19, approval of Downtown Design Guidelines. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of purchase of survey equipment for location of sewer services Public Works Director Eckles noted there is a new government mandate that cities locate sewer services leading to private homes, which puts a burden on the city. Most cities are looking at GPS systems as a way of meeting the mandate. He said there are three current levels of accuracy in GPS systems. He said there is a new mid-range . system that the City has looked into. The system has the advantage of being operable Page 12 of 16 . . . City Council Meeting - 06-01 January 3, 2006 by one person, which has the potential for additional advantage/savings to the City. Cost is about $26,000, he said. Councilmember Polehna asked if there could be a sharing with the County system; Mr. Eckles said the proposed new system would mesh well with the County's GIS equipment. Councilmember Polehna also questioned having just one bid; Mr. Eckles noted this was through the State's bid. The motion was amended to include working with staff on financing options. Roll call vote was taken on the amended motion. Motion by Councilmember Junker, seconded by Council member Milbrandt to adopt Resolution 2006-20, authorizing the Purchase of Global Positioning Equipment for the Engineering Department. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None 2nd and Nelson Street Storm Sewer Mayor Kimble noted a lengthy memorandum and report prepared by Bonestroo had been provided to the Council. The recommendation of staff was to accept the report and select the alternative in which the existing pipe is replaced by a larger one to correct the surcharge condition. Council direction also was sought on how to fund the project. A recommendation from Finance Director Harrison was to fund the project through an area-wide assessment, Mayor Kimble noted. Public Works Director Eckles showed a map that indicated the approximate area that would be assessed if the City did a 4.5- cent assessment to do the project. The 4.5 center assessment typically is for a 10-year period, he said. Motion by Councilmember Milbrandt, seconded by Councilmember Junker to adopt Resolution 2006-21, Accepting Report on 2nd & Nelson Streets Storm Sewer Project (Project 2006-08). Ayes: Council members Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Motion by Councilmember Milbrandt, seconded by Council member Polehna directing staff to proceed with the process with the 4.5-cent assessment for the project. All in favor. NEW BUSINESS Election of Vice Mayor Motion Councilmember Polehna, seconded by Councilmember Milbrandt to adopt Resolution 2006-22, designating Council Vice Mayor. Ayes: Council members Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays; None Page 13 of 16 City Council Meeting - 06-01 January 3, 2006 Possible desiqnation of official newspaper for 2006 . Mayor Kimble noted the City Clerk's recommendation is to continue as in the past, using both the Gazette and Courier as the official newspaper. Motion by Council member Milbrandt, seconded by Council member Harycki, to adopt Resolution 2006-23, approving agreements for 2006 legal newspapers. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays; None COMMUNICA TIONS/REQUESTS Review of Heiqht Limits Downtown Community Development Director Russell informed the Council that the Planning Commission, at its Jan. 9 meeting, will be reviewing a possible ordinance to change the height limits in the downtown. Basically, he said, the ordinance would step back heights from the river towards 2nd Street, with the highest buildings - 4 stories, 45 feet - at the base of the hill and along the river 2 stories, 30 feet, with the remainder 3 stories, 35 feet. The possible height regulations are a result of the Commission's consideration of the Lofts project and Terra Springs building 5, he said. Mayor Kimble expressed a . concern about not getting too restrictive, so as to preclude a potentially great project. Councilmember Milbrandt spoke in favor of moving forward with addressing the issue. Mayor Kimble reminded residents that the new recycling program begins the week of Jan. 9. He advised residents to consult the calendar distributed with the new recycling containers. Recycling pickup occurs on the weeks marked green on the calendars. COUNCIL REQUEST ITEMS Councilmember Harycki said neighbors in the Myrtle/Sherburne area are very concerned about traffic and would like to sit down with a City staff member to discuss alternatives for traffic calming measures, especially on North Sherburne. He said residents had expressed an interest in meeting with someone in February. Public Works Director Eckles said he would be happy to meet with neighbors, but suggested that later in the year he might be able to offer more concrete information. Mr. Eckles said he has been talking with Washington County regarding the area in question. At this point, he said he didn't think City or County staff could give neighbors any concrete answers until studies are complete. Councilmember Harycki was to talk with Mr. Eckles about a possible response to neighbors. STAFF REPORTS (continued) Police Chief Dauffenbach reminded residents of the odd-even winter parking . regulations. Regulations are being enforced, he stated. Page 14 of 16 " . . . City Council Meeting - 06-01 January 3, 2006 ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Polehna to adjourn at 9:40 p.m. All in favor. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2006-01, directing payment of bills Resolution 2006-02, approving renewal agreement with the Sand Creek Group for Employee Assistance Program Services Resolution 2006-03, designation of depositori~s for 2006 Resolution 2006-04, approving retainer for City Attorney for 2006 Resolution 2006-05, approving St. Croix Caterers management Agreement for Recreation Center and Lily Lake Arena for 2006 Resolution 2006-06, authorizing obtaining quotes for purchase of items not available on State Bid for Public Works Department Resolution 2006-07, authorizing purchase of equipment for Parks and Public Works Department Resolution 2006-08, resolution relating to financing of certain proposed projects to be undertaken by the City of Stillwater; establishing compliance with reimbursement bond regulations under the Internal Revenue Code Resolution 2006-09, appointments to various City of Stillwater boards/commissions Resolution 2006-10, approval of a minor subdivision of Lots 35-38, Block 7, Carli and Schulenberg's Addition located at 1221 North Broadway in the RB, Two Family Residential District (Case No. SUB/05-70) Resolution 2006-11, resolution approving street vacation of a portion of unimproved Holcombe Street abutting Lot 5, Blk 9 Thomas, Parker and Mower's Second Addition Resolution 2006-12, approving for a minor subdivision of Lot 3, Block 1 Joseph Wolf Brewery Addition into one lot of 1,200 square feet located at 402 South Main Street in the CBD, Central Business District (Case No. SUB/05-72) Resolution 2006-13, approving a Comprehensive Plan Amendment changing land use designation of 8.0 acres of land "Liberty West" from Rural Residential to Cottage Residential located at 7135 - 7143 Manning Avenue (Case No. CPA/05-01) Page 15 of 16 City Council Meeting - 06-01 January 3, 2006 Resolution 2006-14, approving the Planned Unit Development for a 20 lot developme. on 8.0 acres of land located at 7135 - 7143 Manning Avenue in the Cottage Residential, CR, District (Case PUD/05-73) Resolution 2006-15, approving preliminary plat approval for a 20 lot subdivision on 8.0 acres of land in the Cottage Residential District located at 7135-7143 Manning Avenue (Case No. SUB/05-75) Resolution 2006-16, a resolution annexing land to the City of Stillwater pursuant to the joint resolution of the City and Town of Stillwater as to orderly annexation dated August 16,1996. Resolution 2006-17, approving Certificate of Compliance and a variance to the rear yard setback (75 feet required, 35 feet and 67 feet proposed) for a 19 lot office condominiums development on 5.14 acres of land located at 1749 South Greeley in the BP-I, Business Park Industrial District (Case No CCN/05-50) Resolution 2006-18, approving preliminary plat approval of a 20 lot subdivision on 5.14 acres of land located at 1749 South Greeley in the BP-I, Business Park (Case No. SUB/05-45) Resolution 2006-19, approval of Downtown Design Guidelines Resolution 2006-20, authorizing the Purchase of Global Positioning Equipment for the Engineering Department Resolution 2006-21, Accepting Report on 2nd & Nelson Streets Storm Sewer Project (Project 2006-08) Resolution 2006-22, designating Council Vice Mayor Resolution 2006-23, approving agreements for 2006 legal newspapers . . Page 16 of 16 ". LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2006-24 ~t Line/Leewes Ace Hardware AFLAC All Star Wireless AMEM American Reliable Ins. Co Appletree Institute Aramark Aspen Mills AT&T Ballis, John Ballis, Tom Bell's Trucking Big Ink Inc. Board of Water Commissioner Buberl, Larry Capitol City Cardinal Tracking, Inc Carquest Cartridge World Catco .ark, Luann ~og Un-Boggier Inc. Coca Cola Cub Foods Delta Dental Dougherty Funding LLC Fitzgerald, Sue Frontier Precision Fuhr Trenching G&K Galles Corporation GFOA Glaser, Stuart Gopher State One Call Grand Prix Vending H & L Mesabi Hansen, Steve Heritage Printing Holiday IACP Iceman Industries J.P. Cooke Co. Jansen, Chad .nsen's Cleaning Service ustom Signals, Inc Lake Country Door, Inc Concession Supplies Equipment Repair Supplies Sandra Vetsch Cobra Contractual Field Repair 2006 Membership Flood Insurance Feb 2006 Retiree/Health/Hospital Uniforms Uniforms Telephone Background Investigation Reimburse for a Fire Service Course Snow Removal Dasher Boards at Rec Center Hydrant RepairlDecember WAC Charges Animal Transport 2006 Dues for Capitol City Region 1 Envelopes, Software Maintenance Equipment Repair Supplies Laser Refill Strobe for Truck Cleaning at Public Works Work at 403 Hancock Soda for Concessions Concession Supplies Dental Cobra Capitalized Interest Reimburse for Mileage Survey Equipment Repair Forcemain at Aiple Uniform Cleaning & Janitorial Supplies Can Liners, Vacuum Bags Training Office Supplies December Billable Tickets Concession Supplies Equipment Repair Supplies Tuition Reimbursement January Newsletter Fuel 2006 Membership Salt Additive & Dye Dog License Tags Tuition Reimbursement December Boiler Maintenance Equipment Repair Supplies Maintenance on Public Works Garage 175.13 390.28 34.45 259.41 135.00 5,841.00 30,089.71 67.48 98.67 269.54 1,100.00 371.25 585.00 422.81 6,350.86 50.00 50.00 1,706.87 667.63 42.60 292.62 140.00 400.00 1,040.50 45.89 346.96 94,355.06 215.34 598.07 2,886.49 3,187.57 550.03 125.00 46.73 76.95 87.60 37.16 2,200.00 7,593.52 140.93 100.00 3,881.93 68.29 352.50 180.00 688.92 447.86 EXHIBIT" A" TO RESOLUTION #2006-24 Law Enforcement Labor Services Law Enforcement Tech Group League of MN Cities Lehmicke Construction Inc M.R. Danielson Advertising Mac Queen Equipment Magler, Jeff Magnuson Law Firm Maritronics, L TO Menards Metro Fire Metro Fire Officers Association Metrocalllnc Metropolitan Council Mid-States Organized Crime Miller Excavating Mitchell, Ryan MN Oept of Labor & Industry MN Oept of Natural Resources MN Oept of Transportation MN State Fire Chiefs Assn MN State Treasurer MPELRA Municipal Code Corp NAP A Auto Parts Office Depot Pettier, Jennifer Pioneer Press Plant Health Associates PMI Computer Supplies, Inc. Prairie Equipment Quill Corp. R & R Specialties, Inc. Reliance Electric Motors RiverTown Newspaper Group Sand Creek Group Schwartz, Jane Sigarms, Inc Signal Pro Equipment Springsted Sprint PCS S1. Croix Recreation S1. Joseph Equipment State of MN SCA Stillwater Gazette Stillwater Gazette Classifieds Stillwater Lions Club Sandra Vetsch Cobra Payment Security Software 1 st Installment Workers Comp Insurance Snow Plow Rec Center Print Ad Design & Media Placement Equipment Repair Supplies Tuition Reimbursement Services Through 01/11/06 4 Hand Held Radios General Supplies Safety Equipment 2006 Membership Dues Pager Service December SAC Charges 2006 Membership Dues 2005 Streets Contract Tuition Reimbursement License Renewal for Ron Erickson Loan Payment Inspection Program Decals 2006 Membership Dues 4th Quarter Surcharge Report 2006 Membership Dues Supplemental Pages Oil Filter Office Supplies Tuition Reimbursement Ad for Softball League Professional Services through Dec 31,2005 Office Supplies Sewer Line Repair Hose Toner & Labels Equipment Repair Charges Equipment Repair Supplies Printing & Publishing Employee Assistance Contract Reimburse for New Driveway (3) Guns Equipment Repair Supplies Professional Services Cell Phone Equipment Repair Supplies Equipment Repair Supplies CJON Connect Charges Printing & Publishing Printing & Publishing 1 st Quarter Membership Dues Page 2 "' \,;. 18.. 531.13 33,113.25 1,465.00 3,286.13 708.90 825.00 10,674.26 532.50 111.77 299.02 200.00 43.50 11,484.00 150.00 105,552.51 2,200.00 20.00 97,500.00 16.00 165.00 6,545.., 150. 1,096.52 6.52 29.29 2,364.20 600.56 1,125.00 177.30 276.90 220.21 234.36 259.55 151 .25 2,025.00 1,000.00 1,797.00 89.42 750.00 42.82 1,117.71 565.75 270.. 517. 111 .87 100.00 " EXHIBIT n An TO RESOLUTION #2006-24 eillwater Towing Stork Twin City Testing Tennis Court Doctor The 106 Group Trans Union LLC Union Security Insurance Washington County Fire Chief Assoc Washington County Recorder Washington County Sheriffs Office Waste Management-Blaine Waste Management Savage Watson Company Workwell Occupational Wrap-n-Ship Yeadon Fabric Dome Yocum Oil Zee Medical Service Ziegler, Inc. ADDENDUM TO BILLS .nderson, Richard dba Lowell Inn .ank Plus Carquest Catco Hardwood Creek Lumber Jefferson Fire & Safety Johnson, Ron Kath Lake Elmo Bank Long Lake Villas Limited Partnership Menards Moore, Tim Office Depot Office Max Peterson, Craig Pfister, Richard Qwest S1. Croix Development S1. Croix Preservation, Inc. Xcel Yocum Oil . Page 3 Forfeiture Tows Professional Services Basketball Court Constructions Professional Services Employment Credit Report Sandra Vetsch Cobra Payment 2006 Membership Dues Printing & Publishing Terminal Access Charge Jan - Mar 2006 Service 2nd Payment of Adjusted Certification Concession Supplies New Employee Drug Screen Shipping Equipment Repair Supplies Fuel First Aid Supplies Equipment Repair Supplies Property Tax Abatement for 2005 2004 TIF #9 Collections Vehicle Repair Charges Equipment Repair Supplies Hubs & Lath Bumper Gear Reimburse for Rapid Reel Hose Roller Equipment Repair Supplies 2004 TIF #9 CollectionS 2005 TIF #8 Collections Equipment Repair Supplies Books for Technical Aspects of Public Works Office Supplies Office Supplies Reimburse I Hotel for D. Roettger & J Stender for Training 2005 TIF #8 Collections Telephone Refund of Balance on Letter of Credit 2005 TIF #1 Collections Electricity & Natural Gas UL Fuel 170.41 5,213.20 14,745.00 3,806.95 24.62 6.60 50.00 460.00 4,155.00 74.58 18,352.02 176.24 21.00 241.73 159.10 3,843.69 61.88 238.71 3,919.67 20,831.67 1 01 .44 893.45 467.00 2,891.35 195.96 42.05 20,831.67 30,224.19 6.22 70.75 89.27 179.73 2,310.00 10,493.92 806.10 65,556.00 1,194.81 52,569.49 1,470.08 " EXHIBIT n An TO RESOLUTION #2006-24 Page 4 . TOTAL 726,259.59 Adopted by the City Council this 17th Day of January, 2006 . . . . . Memo DATE: January 17, 2006 TO: Mayor and City Council Sharon HarriSOr~ Finance Directol ~-ACJ'>><' Arbitrage Compliance-Engagement Letter FROM: RE: BACKGROUND All tax exempt bonds issued since 1986 are subject to federal arbitrage regulations. These regulations require that rebatable arbitrage be determined and reported every 5 years and at the time bonds are called or when bonds are paid in full. Attached is an engagement letter with the auditing firm ofHLB Taugtes Redpath, Ltd. acknowledging our understanding of services regarding rebatable arbitrage calculations/reporting. The City has contracted with HLB Tautges Redpath, Ltd. several times in the past for just this same service and have been extremely pleased with the service provided. RECOMMENDATION Staff recommends hiring HLB Tautges Redpath, Ltd to perform arbitrage calculations/reporting for the engagement year of2006.. RESOLUTION 2006-30 . APPROVING ENGAGEMENT LETTER - ARBITRAGE AGREED UPON PROCEDURES WITH TAUTGES REDPATH, LTD. BE IT RESOLVED by the City Council of Stillwater, MN that the contract between the City of Stillwater and Plant Health Associates, Inc. for arbitrage compliance as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign the agreement. Adopted by the Stillwater City Council this 17th day of January 2006. Jay L. Kimble, Mayor ATTEST: . Diane F. Ward, City Clerk . . . . 715694.1 Tautges Redpath, Ltd. Certified Public Accountants and Consultants ENGAGEMENT LETTER - ARBITRAGE AGREED-UPON PROCEDURES December 21, 2005 City of Stillwater 216 North 4th Street Stillwater, MN 55082 We are pleased to confirm our understanding of the nature and limitations of the services we are to provide for the City of Stillwater, Minnesota. We will apply the agree.d-upon procedures which the City has specified, listed in the attached schedule, to arbitrage compliance of the City as of the date of this letter prepared in accordance with IRS regulations. This engagement is solely to assist the City in complying with arbitrage regulations. Our engagement to apply agreed'-upon procedures will be conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. The sufficiency of the procedures is solely the responsibility of those parties specified in the report. Consequently, we make no representation regarding the sufficiency of the procedures described in the attached schedule either for the purpose for which this report has been requested or for any other purpose. If, for any reason, we are unable to complete the procedures, we will describe any restrictions on the performance of the procedures in our report, or will not issue a report as a result of this engagement. I Because the agreed-upon procedures listed in the attached schedule do not constitute an examination, we will not express an opinion on arbitrage compliance. In addition, we have no obligation to perform any procedures beyond those listed in the attached schedule. We will submit a report listing the procedures performed and our findings. This report is intended solely for the use of the City, and should not be used by anyone other than these specified parties. Our report will contain a paragraph indicating that had we performed additional procedures, other matters might have come to our attention that would have been reported to you. Management is responsible for management decisions and functions, and for designating a qualified management-level employee to oversee arbitrage calculations and tax return preparation services we provide. Management is responsible for evaluating adequacy and results of those services and accepting responsibility for such services. Management is responsible for establishing and maintaining internal controls, including monitoring ongoing activities. The employee assigned to oversee the arbitrage calculation and tax return vrevaration services isSharon Harrison. 4810 'White Bear Parkway Wfilte tJear lake, Minnesota 55110 6514267000 651 4265004 Fax www.hlbtr.com 1303 South Frontage Road Suite 13 Hastings, Minnesota 55033 6514804990 6514265004 Fax HlB Tautges Redpath, ltd. is a member of III! International, a world-wide organization of accounting firms and business advisors. . , City of Stillwater Arbitrage Agreed Upon Procedures Engagement December 21 , 2005 Page 2 . Our fees for these services will be at are standard hourly rates. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. We appreciate the opportunity to assist you and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. If the need for additional procedures arises, our agreement with you will need to be revised. It is customary for us to enumerate these revisions in an addendum to this letter. If additional specified parties of the report are added, we will require that they acknowledge in writing their responsibility for the sufficiency of procedures. Very truly yours, HLB TAUTGES REDPATH, LTD. PLffi ~ Peggy A. Moeller, CPA . P AM:clg RESPONSE: This letter correctly sets forth the understanding of the City of Stillwater, Minnesota. By: Title: Date: By: Title: Date: . 715694.1 . . . City of Stillwater Arbitrage Agreed Upon Procedures Engagement December 21, 2005 Page 3 Arbitrage Agreed Upon Procedures Responsible Party Procedure HLBTR City 1. Determine initial rebate computation requirements and X computation periods. 2. For bond issues requiring a rebate computation, provide the X information as identified on the attached "client to provide" list. 3. Prepare arbitrage rebate computations. X 715694.1 .r- . . . ADDENDUM NO.2 TO LEASE AGREEMENT This Addendum made this 17th day of January, 2006, between the City of Stillwater, Washington County, Minnesota, Home Rule City of the Third Class ("City") and Max Todo, Marine Services, Inc., a Minnesota corporation with offices at 16355 18th Street South, Lakeland, Minnesota 55043 ("Max Todo"). PURPOSE The parties to this Addendum are the parties to a Lease Agreement made the 16th of December, 1999, and amended by Addendum No.1, dated January 31, 2003, and by this Addendum wish to restate Section 3 of the Lease Agreement to hereafter read as follows: "3. Term. The City is willing to lease this site to Max Todo by this instrument for an additional three (3) year period ending January 31, 2009 in consideration and according to the terms set forth in the Lease Agreement. Notwithstanding this paragraph as to term, if the property is needed by the City, the State of Minnesota, or the United States of America for a staging area or for any other reason in connection with construction of a new interstate bridge crossing at Stillwater, Max Todo will make the property immediately available to those entities or their contractor or agents on a cooperative basis. If, however, the necessary government use of this property is not compatible with Max Todo, the term of use will terminate six (6) months after mailing a Notice of Termination for this purpose by the City. By this Addendum the parties wish to restate Section 10 of the Lease Agreement. A new provision is added to Section 10 of the Lease Agreement to hereafter read as follows: "10(a). Max Todo will allow Ampicar launchings from the existing ramps on the site at all reasonable hours. Ampicar owners may also park vehicles on the site in areas designated by Max Todo. Max Todo may also allow Ampicar owners access to any locked gates on the tpremises to accommodate Ampicar launching during the time when Max Toclo is not present at the site. This provision must be reviewed annually. Further, the list of repairs set forth on Exhibit "B" is modified to set forth a new Exhibit "B" to reflect the remaining repair to be completed during the remaining term." . . . In all other ways, the Lease Agreement dated the 16th of December, 1999 will remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands this 17th day of January, 2006. CITY OF STILLWATER By: Jay L. Kimble, Its Mayor and Diane F. Ward, Its City Clerk MAX TODO, MARINE SERVICES, INC. By Its: Thomas F. Huninghake President By Audrey J. Guild Its: Secretary STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _ day of January, 2006, by Jay L. Kimble, Mayor and Diane F. Ward, Clerk, for the City of Stillwater. Notary Public ;"". . . . STATE OF MINNESOTA ) ) ss ) COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this _ day of January, 2006, by Thomas F. Huninghake, President and Audrey J. Guild, Secretary, duly authorized agents for Max Todo, Marine Services, Inc., a Minnesota corporation. Notary Public . 1.) 2.) 3.) 4.) 5.) 6.) 7.) [8.) [9.) . 10.) 11.) 12.) 13.) 14.) 15.) 16.) 17.) AMENDED EXHIBIT B List of Repair Items Repair and or replace broken windows. Repair holes in deck. Repair roof. Lock for hatch cover. Intense inner hull and bilge cleaning. Removal of any remaining fuel and or lubricants. Reinforce Collision Bulk Head to be water tight. Aft Bulk Head to be raised 3' to 4' and reinforced.] Shaft Bulk Head to be raised 3' to 4' and reinforced.] Contain current leaks and future leaks. Emergency pumps plumbed in and installed. Paint removal and new paint. The Cayuga and the leased premises must be maintained in a respectable condition. Permanent repair of Bow Tank. Level Alarm System. Removal of any unnecessary pipes, wire, tanks, etc. Lock-Out Gate. Clean up grounds and plant flowers and shrubs for aesthetics. As of the January, 2003 renewal date of the Lease, Items 2,3,4,5,6, 7, 10, 14, 16 and 17 of the above list have been satisfactorily completed; Items 8 and 9 have not been completed, but in view of the fire danger involved with welding pelow deck, performance of these items is excused; Item 12 is modified to state that "the Cayuga and the leased premises must be maintained in a respectable condition; the remaining Items 1, 13 and 15 must be completed . during the remaining term (2003-2006). As of January, 2006, Items 1 and 13 have been completed. Item 15 has also been completed at this time, but as time passes and repairs are made, more pipes, wires and tank become unnecessary. In that sense, Item 15 is on going in nature LIST OF BILLS EXHIBIT n An TO RESOLUTION #2006-24 .st Line/Leewes Ace Hardware AFLAC All Star Wireless AMEM American Reliable Ins. Co Appletree Institute Aramark Aspen Mills AT&T Ballis,John Ballis, Tom Bell's Trucking Big Ink Inc. Board of Water Commissioner Buberl, Larry Capitol City Cardinal Tracking, Inc Carquest Cartridge World Catco Clark, Luann A!og Un-Boggier Inc. ~oca Cola Cub Foods Delta Dental Dougherty Funding LLC Fitzgerald, Sue Frontier Precision Fuhr Trenching G&K Galles Corporation GFOA Glaser, Stuart Gopher State One Call Grand Prix Vending H & L Mesabi Hansen, Steve Heritage Printing Holiday IACP Iceman Industries J.P. Cooke Co. Jansen, Chad Jansen's Cleaning Service .stom Signals, Inc .ke Country Door, Inc Concession Supplies Equipment Repair Supplies Sandra Vetsch Cobra Contractual Field Repair 2006 Membership Flood Insurance Feb 2006 Retiree/Health/Hospital Uniforms Uniforms Telephone Background Investigation Reimburse for a Fire Service Course Snow Removal Dasher Boards at Rec Center Hydrant Repair/December WAC Charges Animal Transport 2006 Dues for Capitol City Region 1 Envelopes, Software Maintenance Equipment Repair Supplies Laser Refill Strobe for Truck Cleaning at Public Works Work at 403 Hancock Soda for Concessions Concession Supplies Dental Cobra Capitalized Interest Reimburse for Mileage Survey Equipment Repair Forcemain at Aiple Uniform Cleaning & Janitorial Supplies Can Liners, Vacuum Bags Training Office Supplies December Billable Tickets Concession Supplies Equipment Repair Supplies Tuition Reimbursement January Newsletter Fuel 2006 Membership Salt Additive & Dye Dog License Tags Tuition Reimbursement December Boiler Maintenance Equipment Repair Supplies Maintenance on Public Works Garage 175.13 390.28 34.45 259.41 135.00 5,841.00 30,089.71 67.48 98.67 269.54 1,100.00 371.25 585.00 422.81 6,350.86 50.00 50.00 1,706.87 667.63 42.60 292.62 140.00 400.00 1,040.50 45.89 346.96 94,355.06 215.34 598.07 2,886.49 3,187.57 550.03 125.00 46.73 76.95 87.60 37.16 2,200.00 7,593.52 140.93 100.00 3,881.93 68.29 352.50 180.00 688.92 447.86 EXHIBIT" A" TO RESOLUTION #2006-24 Law Enforcement Labor Services Law Enforcement Tech Group League of MN Cities Lehmicke Construction Inc MR. Danielson Advertising Mac Queen Equipment Magler, Jeff Magnuson Law Firm Maritronics, L TO Menards Metro Fire Metro Fire Officers Association Metrocalllnc Metropolitan Council Mid-States Organized Crime Miller Excavating Mitchell, Ryan MN Dept of Labor & Industry MN Dept of Natural Resources MN Dept of Transportation MN State Fire Chiefs Assn MN State Treasurer MPELRA Municipal Code Corp NAPA Auto Parts Office Depot Pettier, Jennifer Pioneer Press Plant Health Associates PMI Computer Supplies, Inc. Prairie Equipment Quill Corp. R & R Specialties, Inc. Reliance Electric Motors RiverTown Newspaper Group Sand Creek Group Schwartz, Jane Sigarms, Inc Signal Pro Equipment Springsted Sprint PCS S1. Croix Recreation S1. Joseph Equipment State of MN SCA Stillwater Gazette Stillwater Gazette Classifieds Stillwater Lions Club Page 2 Sandra Vetsch Cobra Payment Security Software 1 st Installment Workers Comp Insurance Snow Plow Rec Center Print Ad Design & Media Placement Equipment Repair Supplies Tuition Reimbursement Services Through 01/11/06 4 Hand Held Radios General Supplies Safety Equipment 2006 Membership Dues Pager Service December SAC Charges 2006 Membership Dues 2005 Streets Contract Tuition Reimbursement License Renewal for Ron Erickson Loan Payment Inspection Program Decals 2006 Membership Dues 4th Quarter Surcharge Report 2006 Membership Dues Supplemental Pages Oil Filter Office Supplies Tuition Reimbursement Ad for Softball League Professional Services through Dec 31,2005 Office Supplies Sewer Line Repair Hose Toner & Labels Equipment Repair Charges Equipment Repair Supplies Printing & Publishing Employee Assistance Contract Reimburse for New Driveway (3) Guns Equipment Repair Supplies Professional Services Cell Phone Equipment Repair Supplies Equipment Repair Supplies CJDN Connect Charges Printing & Publishing Printing & Publishing 1 st Quarter Membership Dues 18.5... 531.1. 33,113.25 1,465.00 3,286.13 708.90 825.00 10,674.26 532.50 111.77 299.02 200.00 43.50 11,484.00 150.00 105,552.51 2,200.00 20.00 97,500.00 16.00 165.00 6,545.28 150.. 1,096. 6.52 29.29 2,364.20 600.56 1,125.00 177.30 276.90 220.21 245.05 259.55 151.25 2,025.00 1,000.00 1,797.00 89.42 750.00 42.82 1,117.71 565.75 270.00 517. 111. 100.00 EXHIBIT" A" TO RESOLUTION #2006-24 ~tillwater Towing .ork Twin City Testing Tennis Court Doctor The 106 Group Trans Union LLC Union Security Insurance Washington County Fire Chief Assoc Washington County Recorder Washington County Sheriffs Office Waste Management-Blaine Waste Management Savage Watson Company Workwell Occupational Wrap-n-Ship Yeadon Fabric Dome Yocum Oil Zee Medical Service Ziegler, Inc. ADDENDUM TO BILLS . . Page 3 Forfeiture Tows Professional Services Basketball Court Constructions Professional Services Employment Credit Report Sandra Vetsch Cobra Payment 2006 Membership Dues Printing & Publishing Terminal Access Charge Jan - Mar 2006 Service 2nd Payment of Adjusted Certification Concession Supplies New Employee Drug Screen Shipping Equipment Repair Supplies Fuel First Aid Supplies Equipment Repair Supplies 170.41 5,213.20 14,745.00 3,806.95 24.62 6.60 50.00 460.00 4,155.00 74.58 18,352.02 176.24 21.00 213.23 159.10 3,843.69 61.88 238.71 .c -.' . CONTRACT THIS AGREEMENT, made , 2005, between the City of Stillwater, a mW1icipal corporation within the County of Washington, State of Minnesota, 216 North Fourth Street, Stillwater, Minnesota 55082, ("City"), and Robert J. Lockyear, 1016 North 3rd Street, Stillwater, Minnesota 55082 ("Consultant"). SECTION ONE SERVICES TO BE PROVIDED Consultant will provide the City Planning, Zoning and Development Review Services. I SECTION TWO PLACE OF WORK The services will be rendered primarily on the premises ofthe City but Consultant will go to remote locations, when necessary. SECTION THREE TERM AND TERMINATION . The tenn of this Contract will commence on January I, 2006, and will continue until terminated. Either party may terminate this Contract at any time and for any reason without any liability to the other. SECTION FOUR COMPENSATION Consultant will be responsible for maintaining time records with a level of detail that notes the project, the task and the time of service. Based upon these records, Consultant will be compensated at the rate of $90.00 per hour. Invoices that are verified and sworn to as required by law should be submitted to the City on the Thursday before the regular City meetings held on the 1 st and 3rd Tuesdays of each month. Billing should be kept current. SECTION FIVE OWNERSIDP OF CREATIVE WORK PRODUCT The work that Consultant performs for the City pursuant to this Contract, will at all times be the sole property of the City; the ownership will include not only the original work, but all rights or reproduction of the work in any medium or form. The Consultant expressly waives any . rights to the work, except for the compensation set forth in Section Four. SECTION SIX RELATIONSHIP BETWEEN PARTIES . The Consultant is not an employee of the City and is not entitled to the benefits provided by the City to its employees. The Consultant, however, will work at the direction of and report to the City Administrator. SECTION SEVEN WORK STANDARDS Consultant will control the conduct and means of performing the work and will perform all services required under this Contract in a manner consistent with generally accepted planning procedures and will maintain any licenses or permits required for the work under State law. SECTION EIGHT INDEMNITY The City will be responsible for any damages incurred in connection with Consultant's services under this Contract. Consultant will not be liable for failure to provide or delays in providing services or for decisions or opinions rendered in performance of the work. The City agrees that it will defend, indemnify and hold harmless the Consultant from any liability, loss, damages or costs that are the fault of the Consultant and that grow out of the services, it or its designated personnel who work under this Contract. . SECTION NINE TERMS TO BE EXCLUSIVE The entire Agreement between the parties with respect to the subject matter hereunder is contained in this Agreement. Except as herein expressly provided to the contrary, the provisions of this Agreement are for the benefit of the parties solely and not for the benefit of any other person, persons or legal entities. SECTION TEN WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN WRITING No waiver, alteration or modification of any of the provisions of this Agreement will be binding unless in writing and signed by a duly authorized representative of both parties to this Agreement. . .2- -. ./- -'- . . . SECTION ELEVEN NO ASSIGNMENT WITHOUT CONSENT Consultant will not assign this Contract nor any of the rights and duties hereunder without the prior written consent of the City. SECTION TWELVE WRITTEN NOTICE All communications regarding this Agreement should be sent to the Consultant and the City at the addresses set forth above, unless notified to the contrary. SECTION THIRTEEN GOVERNING LAW This Agreement is governed by the laws of the State of Minnesota. Dated: . 2005 CITY OF STILL WATER d~~ Diane Ward, City Clerk CONSULTANT: By: Approved by City Council - Resolution No. Dated: ,2005 - 3 - . . . Memo DATE: January 13, 2006 TO: Mayor and City Council FROM: Chantell Knauss Director of Administration RE: Amending Hourly Pay Rates for Part-time Fire Personnel Backaround On December 20, 2005, the City Council passed Resolution 2005-272, Establishing Hourly Pay Rates for Part-time Fire Personnel (attached). The intent was to establish new rates that would provide for a $0.50/hour increase for all part-time Fire positions. Resolution 2005-272 incorrectly listed the Firefighter/Engineer new rate at $11.00/hour. Because this position's rate of pay was $10.75/hour, the new pay rate should have been listed as $11.25/hour. Recommendation Staff recommends the City Council adopt the attached Resolution 2006-25, Amending Resolution 2005-272, Establishing Hourly Pay Rates for Part-time Fire Personnel. RESOLUTION 2005- 272 . ESTABLISHING HOURLY PAY RATES FOR PART-TIME FIRE PERSONNEL BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the hourly pay rates for part-time fire personnel, effective January 1, 2006 are as follows: Effective January 1, 2006 Probationary Firefighter $9.75 Firefighter (successful completion of Firefighter I, First Responder, and Probationary period) 10.25 Firefighter/Engineer 11.00 Lieutenant 11.75 Captain 12.25 Assistant Chief 13.25 . Adopted by the City council of the City of Stillwater this 20th day of December 2005. ATTEST: 4du J. !-LOAbL Diane F. Ward, City Clerk . . RESOLUTION 2006-25 AMENDING RESOLUTION 2005-272, ESTABLISHING HOURLY PAY RATES FOR PART-TIME FIRE PERSONNEL BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the hourly pay rates for part-time fire personnel, effective January 1, 2006 are as follows: Effective January 1, 2006 Probationary Firefighter $9.75 Firefighter (successful completion of Firefighter I, First Responder, and Probationary period) 10.25 Firefighter/Engineer 11.25 Lieutenant 11.75 Captain 12.25 Assistant Chief 13.25 . Adopted by the City Council of the City of Stillwater this 17th day of January 2006. Jay Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . . LEASE AGREEMENT THIS AGREEMENT made this 17th day of January, 2006, between the City of Stillwater, Washington County, Minnesota, a Home Rule City of the Third Class ("City") and Max Todo, Marine Services, Inc., a Minnesota corporation, with offices at 16355 - 18th Street South, Lakeland, Minnesota 55082 ("Max Todo"). I. Recital. The City is the owner of real estate with frontage on the St. Croix River ("Property"), part of which was formerly rented to Aiple Towing Company who operated a barge terminal facility from the site. . 2. The Property. A portion of this Property is the subject of this Lease and is described on the attached Exhibit "A", the Property where currently a City owned barge entitled the "Frank E" is moored along with a City owned vessel known as the "Cayuga", a vessel that is held by the City for future use as park facility, but that currently is in need of substantial repair. 3. Term. The City is willing to lease the site to Max Todo by this instrument for an initial three (3) year period and two (2) one-year extension periods on the consideration and according to the terms set forth in this Lease Agreement. 4. Rent. As and for rent payable to the City during the term of this Agreement, Max Todo will perform repairs to the Cayuga according to the repair items list schedule attached to this Agreement as Exhibit "B". The order and timing of the work will be determined by Max Todo but all work must be completed during the initial three (3) year term of this Agreement. As additional rent, Max Todo will move the City barge from the Property to Lowell Park for the LumbeIjack Days celebration and return it to its mooring site on the Property at no charge to the City. This provision will not prevent Max Todo from charging private parties for services rendered to them beyond the actual mooring and spudding down of the barge. Max Todo will also, at the end of the term of this Agreement, move the Cayuga to its final location, without charge to the City. Any use of the barge by Max Todo or others will require prior approval of the City Coordinator. 5. Appearance. Max Todo agrees to maintain the physical appearance of the Property in its present condition and promises to erect no additional out buildings or structures . on the Property. 6. Mooring. Max Todo will be allowed to bring to the Property and moor on the Property a marine crane, tug boat, additional barges, material for the construction of new barges, welding equipment and additional boats and vehicles as needed to reasonably maintain their business. 7. Landscaping. Max Todo will also plant shrubs, annual and perennial flowers, grade the access road, cut and trim brush and weeds, and maintain the Property in a. presentable fashion. 8. Lock Out Gate. Max Todo will construct lock out gates that will be installed to secure the Property and prevent public access to the Cayuga, the barge and their business property. 9. Waiver. Max Todo also agrees and waives by this Lease any claim that they might otherwise have to compensation as a lessee in possession under any state or federal law or rule should the property be needed to accommodate construction of an interstate bridge, bridge piers or abutments or other possible bridge construction impacts in the event the Property or any part of it is needed for bridge construction or bridge construction impacts or is affected by bridge construction impacts. Max Todo upon ninety (90) days written notice by the City agrees to accommodate any such construction or impacts. In that event the City agrees to reasonably explore relocation of Max Todo for the remainder of the Lease period as long as a relocation does not involve expense or charge to the City and the accommodation can reasonably be made. If reasonable accommodations can not be made without charge to the City, Max Todo agrees to vacate the Property leaving it in as good as condition as it is now found, waive any claim for material or work done to the Cayuga, the barge or the premises and this Agreement will be null and void. In that event, Max Todo will be relieved from further repairs to the barge or Cayuga. 10. Mooring Visitors. Max Todo also agrees to reasonably accommodate, at the request of the City, any marine services who are temporarily working on public projects on the St. Croix River on a temporary basis and who are in need of loading, unloading or mooring vessels involved in this work. This provision will be operative on a case by case basis and may not unreasonably disrupt Max Todo's operations, or provide a competitor with an unreasonable advantage. 2 . . . . . . 11. Insurance. Max Todo must insure the Property against all risks and provide the City with a certificate of insurance evidencing $1,000,000 combined single limits coverage on their operation, naming the City as an additional insured as their interest may appear. The City will either self insure the Cayuga with regard to marine risks including hull risks or, if feasible, as the Cayuga increases in value, secure marine insurance including hull coverage on the Cayuga. 12. Prohibition Assignment. This Agreement and the rights granted hereunder may not be assigned or transferred by Max Todo without the prior written consent of the City. 13. Conditions Precedent. This Agreement will not be effective unless all City Charter provisions that pertain to the use of City owned land have been followed and approved by the City Councilor the voters in the event that a referendum and also the approval of the United States Army Corps of Engineers and the Minnesota Department of Natural Resources. 2006. IN WITNESS WHEREOF, the parties have set their hands this 17th day of January, I CITY OF STILL WATER By: Jay L. Kimble, Its Mayor ATTEST: Diane F. Ward, Its City Clerk MAX TODO, MARINE SERVICES, INC. By: Thomas F. Huninghake Its: President By: Its: Audrey J. Guild Secretary 3 STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this 16th day of December, 1999, by Jay L. Kimble, Mayor and Morli Weldon, Clerk, for the City of Stillwater. Notary Public STATE OF MINNESOTA ) ) ss ) COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this 16th day of December, 1999, by Thomas F. Huninghake, the President, and Audrey J. Guild, the Secretary, duly authorized agents for Max Todo, Marine Services, Inc., a Minnesota corporation. Notary Public 4 . . . . 1.) 2.) 3.) 1.) 5.) 6.) 7.) [8.) [9.) . 10.) 11.) 12.) 13.) 11.) 15.) 16.) 17.) AMENDED EXHIBIT B List of Repair Items Repair and or replace broken windows. Repair holes in deck. Rcpair roof Lock for hatch covcr. Intense inner hull and bilge cleaning. Removal of any remaining fuel and or lubricants. Reinforce Collision Bulle Head to be '.vater tight. Aft Bulk Head to be raised 3' to 4' and reinforced.] Shaft Bulk Head to be raised 3' to 4' and reinforced.] Contain current leaks and future leaks. Emergency pumps plumbed in and installed. Paint removal and new paintThe Cayuga and the leased premises must be maintained in a respectable condition. Permanent repair of Bow Tank. LC'le1 Alarm System. Removal of any unnecessary pipes, wire, tanks, etc. Lock Out Gate. Clean up grounds and plant flo'.vers and sh..l1bs for aesthetics. As of the January, 2003 renewal date of the Lease, Items 2,3,4,5,6, 7,10,14,16 and 17 of the above list have been satisfactorily completed; Items 8 and 9 have not been completed, but in view of the fire danger involved with welding below deck, performance of these items is excused; Item 12 is modified to state that "the Cayuga and the leased premises must be maintained in a respectable condition; the remaining Items 1, 13 and 15 must be completed during the remaining term (2003-2006). . As of January, 2006, Items 1 and 13 have been completed. Item 15 has also been completed at this time, but as time passes and repairs are made, more pipes, wires and tank become unnecessary. In that sense, Item 15 is on going in nature . . . Memo DATE: January 13, 2006 TO: Mayor and City Council Chantell Knauss ~ Director of Administration FROM: RE: HV AC Planned Service Agreement with Johnson Controls for City Hall and Public Works Facility The City currently has a Planned Service Agreement with Johnson Controls for the regular maintenance of both the City Hall and Public Works Facility's HVAC (heating, ventilation, and air conditioning) system for the term January 1, 2005-December 31, 2005 in the total amount of $7,094 for City Hall and $5,325 for the Public Works Facility. The renewal Agreements are proposed in the amounts of $10,665 for City Hall and $5,758 for Public Works for the term January 1 - December 31,2005. The overall increase for the contracts is 2.5% from last year's contracts. The City Hall's proposed maintenance agreement is higher for 2006 due to the addition of two items: $2,496 for the added maintenance for 3 rooftop units on the Fire Department, and $898 added for Boiler maintenance. Neither of these items had previously been on a maintenance agreement and should be due to their age. The Public Works Facility also includes the addition of $300 for the rental of a lift needed to reach the roof. Recommendation Staff recommends the City Council approve the attached Resolution approving the Planned Service Agreement with Johnson Controls for the term January 1-December 31,2006 for the City Hall and Public Works Facility. RESOLUTION NO. 2006-27 APPROVING CONTRACT WITH JOHNSON CONTROLS, INC. FOR PREVENTIVE MAINTENANCE AGREEMENTS BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the Planned Service Agreements with Johnson Controls, Inc. for regular maintenance for the City Hall and Public Works Facility's HV AC (heating, ventilation, and air conditioning) systems for the term January 1, - December 31, 2006 in the amounts of$10,665 and $5,325, respectively, are approved. Adopted by the City Council this 17th day of January 2006. Jay Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . . . ., ./ Alliance@ ~I- J~HNSON CONTR LS . Planned Service Agreement Customer Name Stillwater Public Works Agreement No. 5288-7041 Address 3325 Boutwell Road City Stillwater State MN Zip 55082 Proposal 11/30/05 Building Location Loc. 10 No. Scope of Service Johnson Controls, Inc. (JCI or Johnson Controls) and the Customer agree thaI the services checked below will be provided by JCI at the Customer's facility. The Terms and Conditions, Assurance Services, E uipment listinQs, and Schedules included in this AQreement cover the riahts and obligations of both the Customer and JCI. Primary Air Reciprocating Air Primary Heating Facility Conditioning PRIME Premium Premium Management Premium - - - - Equipment Conditioning Equipment Systems X Basic Equipment X Basic X Basic Basic - - - Labor Only - Fire Detection & Associated Air Automatic Security Management Premium Conditioning Premium Temperature Premium Management Premium - - - - Systems & Heating Controls Systems Basic Equipment X Basic Basic Basic labor Onlv - - - - labor Only Maintenance Facility Operations Management Services Training Premium - - - - Basic - Extended Service Options for Premium and PRIME Coverages On-site repair services will be provided during JCl'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 (including holidays). ~/Automatic Renewal This Agreement takes effect on January 1st 20 06 It will continue for an original term of ~ 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 $5,758.00 annually. This amount will be paid to JCI in installment of $5,758.00 These payments will be due and payable when the Customer receives JCl's Invoice and in advance of the services JCI is to provide. JOHNSON CONTROlS, INC. CUSTOMER By Michael Witzel By Signature Signature Title Service Team Supervisor Date Title Date JCI Manager (proposal not valid until signed by Jel Manager) Date This proposal is valid for Ihirly days from proposal date. Telephone Number JCI Branch Branch Address Minneapolis - 082 Branch Phone # 1801 - 67th Ave. N., Mpls., MN 55430 (800) 67;7-7650 ; Customer P.O. # Renewal Date Additional Terms and Conditions follow IE9115 (Rev 09/92 " " Additional locations . Building location location I 0 # Stillwater Public Works 3325 Boutwell Road Additions and Exceptions Equipment Coverage is Extended to Include: RTU-1, MUA-1 through MUA-6, CPU-1, Exhaust Fans 1 through 9 and Unit Heaters 1 through 3. This agreement includes quarterly visits to Stillwater Public Works building to perform Preventative Maintenance on the listed equipment. Included in this agreement is equipment lift or man lift rental. Included in this agreement are condenser coil cleaning and filters according to the maintenance schedule Labor rates for Mechanical work to be our published street rate, currently $95.00/hr . This contract does not include the cleaning of 6 infra-red heaters in the garage area. for JCt for CUSTOMER Form E9115 (Rev 09/92) . " TERMS Terms and Conditions 1) DEFINITIONS (a) COVERED EQUIPMENT means the equipment for which seMces are to be provided under this Agreement Covered Equipment is defined by the apprlCable Assurnnce . Services pages and Equipment Lis1s attached to this Agreement ) EQUIPMENT FAILURE means the sudden and accidental fa~ure 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 includes labor necessal'f to restore Covered Equipment to WOI1<ing condition following an Equipment Failure and exdudes total equipment replacement due to obsolescence or unavailability of parts. (f) REPAIR MATERIALS includes materials necessary to restore Covered Equipment to lNOr1<ing condition following an Equipment Fa~ure and excludes total equipment replacement due to obsolescence or unavailability of parts. At JCl's option, Repair Materials may be new, used, or reconditioned. AD Repair Materials are covered by the warranty as described below. 2) SERVICE COVERAGE OPTIONS (a) BASIC COVERAGE includes Scheduled SelVice Visits, plus Scheduled SelVice 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 cenbifugal, abSOlplion, or screw chillers, PRIME LEVEL COVERAGE also includes Repair Labor, and Repair Materials if olhervvise set forth in this Agreement for diagnosed imminent equipment fa~ure as well as aclual Equipment Failure. PRIME LEVEL COVERAGE includes the following services and requirements. JCI v.nlI analyze diagnostic tests i1cIuding PreeVue Vibration Analysis, spedrochemicaI oil maIysis, and megohm readi1gs. M diagnostic tests rrusI be peIformed at JCl-prescriJed frequencies and to Jet-specified lest slaldards. K eIseI'.t1ere noted in this Agreement, coverage 1MI include Repa" Laboc and Repai' WateriaI for heal excha'IJer b.Jbes ~ CIl Eddy CurrentAnalysis, occeptable to JCI, has been peIformed i1the . three years prior to this Agreement and is provided 10 JCl, oc such a lest WII be peIformed as pat of the Agreement Should JCl's CIlalysis suggest the existence oc the possibility of equipment deterioration outside ClI11qJaled oc occeptabIe condilions, JCI may at its option lake cooeclive steps necessay to prevent fuI1her deterioration oc breakdlMn of the Covered Equipment JCI retains sole jJdgment CNer Vvtlether equipment conditions ere consilered acceptable, v.tlether cooeclive steps should be laken, oc what steps, , <ny, need to be laken. PerfoIrnCIlce of <ny cooeclive steps under this PRM: coverage is not a gucrantee thai Equipment FalJre oc dlMnline v.iI not occur. 3) EXTENDED SERVICE includes extended seIVice for repairs and is available only if Customer has PREMIUM or PRIME coverage. The price for Extended Service, if chosen by Customer, is part of the total price Customer will pay. Should a defect be found during CIl Extended Service visilthal JCI is not responsible for under this Agreement, Customer agrees to pay JCI's standard fee for aITf seMces rendered. Should Repair Labor or Repair Materials be perfonned in periods beyond the Extended Service period, Customer agrees to pay JCI's standard fee for aITf services rendered beyond the Extended Service period. CONDITIONS A. INITIAL EQUIPMENT INSPECTION FOR PREMIUM OR PRIME COVERAGES JCI will inspect the Covered Equipment v.iIhin 45 days of the date of this Agreement or as seasonal or operational conditions permit JCI wiD advise Customer if JCI finds aITf Covered Equipment not in lNOr1<ing order or in need of repair. 'MIh the Custorne!'s approval, JCI wiD perform the INOr1< necessary to put the Covered Equipment in proper WOIIIing condition. This INOr1< wiD be done at JCl's standard fee for parts CIld labor in effect at thai time. K the Customer does not want JCI to do the INOr1< identified by JCI, or if Customer does not have the IWIk done, the equipment wiD be removed from the list of Covered Equipment and the price of this _=uthen be adjusted. JCI warrants that its services VIIi! be provided in a good and WOI1<manlike manner and that parts repaired or replaced by JCI VIIi! be free from defects in worlunanship, design, and material until the end of this Agreement or for one y_, whichever is eaI1ier. JCl's sole obligation shaI be to repair ()( to replace defeclive parts or to propertt redo defective seIVices. 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 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. D. CUSTOMER OBLIGATIONS AND COMMITMENTS TO JCI 1) The Customer warrants that, to the best of Customer's knowledge, aD 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 recommendalions' (b) keep accurate and current WOI1< logs and informalion on the Covered Equipment as recommended by the manufacturer; (c) provide an adequate environment for Covered Equipment as reconvnended by the manufacturer oc as recommended by JCI, including adequate space, eIedricaI power, air conditioning, and humidity control; (d) notify JCI immediately of any equipment malfunction, breakdo>M1, or other condition affecting the operation of the Covered Equipment (e) allow JCI to start and stop, periodically wrn off, or otherVllise cha'IJe oc tempora(dy suspend equipment operations so that JCI can perform the services required under this Agreement and (~ provide proper condenser and boiler water lrealment as necessary, for the proper funclioning of Covered Equipment, if such seIVices are not JCI's responsibility under this Agreement 3. The Customer acknowledges that its failure to meet these obligations wiD relieve JCI of any responsibility for any equipment breakdown, or any necessal'f repair or replacement of any equipment. E. CHANGES TO CUSTOMER EQUIPMENT The Customer retains the right to make changes or a~erations to its Equipment. If, in JCl's opinion, such changes or alterations substantially affect JCl's services or obligations, JCt shaD have the right to make appropriate changes to the scope or to the price of this Agreement or to both. F. ACCESS The Customer VlliD 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 wiD 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 VlliD not cancel or suspend any of the Customer's obligations under this Agreement G. EXCLUSIONS JCrs seIVices under this Agreement do not include: 1) supplies, accessories, or aITf items normally consumed during the use of Covered Equipment, such as rbbons, bulbs, and paper; 2) calls resulting ftom lack of operator-level preventive maintenance, site-reIated problems, or operator error; 3) seIVice caDs due to failures resulting from ads of God, abuse ()( misuse of equipment, or aIIeralions, modi6cations, or repairs to equipment not peIformed ()( provided by JCI; 4) the furnishing of rnateriaIs and supplies for painting oc refinishing equipment; 5) eIectricaIlWIk to the Customer's fa<ity necessary because of ~ 6) seIVice caDs resulting ftom attachments made to Covered Equipment oc other equipment not covered by this Agreement; 7) lhe repair or replacement of ductNork, casings, cabineIs, slructuraI suppor5, tower filVsfatsIbasin, hydronic and pneumatic piping, and vessels, gaskets, and piping not normally replaced oc maintained on a scheduled basis, and removal of ail ftom pneumatic piping; 8) seIVice caDs resulting ftom the effects of erosion, corrosion, acid cleaning, oc damage ftom unexpected oc especially severe freezing weather that is beyond what is prevented by JCI's normal maintenance; (9) IWIk caused by <ny operation of, adjustments to, or repair to, Covered Equipment , by others not authorized in advance by JCl; 10) IWIk caused by the negligence of others, including but not IirniIed to equipment operators and water treatment companies; 11) seIVice caDs due 10 failures caused by improper environmental conditions affecting equipment OC eIeclricaI power fluctuations, f due to conditions beyond JCl's conlroI, and seIVice caDs 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 responsiJIe for the proper storage and alspOSal of hazardous wastes. This includes, but is not IirniIed to, used oil, contaminated or uncontaminated refrigerant, and PCBs. H. JCfs EQUIPMENT JCI may provide tools. documentation, panels. or other control equipment in the Customers building for JCl's convenience in pertorming JCl's services. That equipment shaD remain JCl's property. JCI retains the right to remove such ftems at any lime during the tenn, or upon the termination of, this Agreement. eNDEMNITY GCI 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 JCt. JCI and the Customer agree to indemnify and to hold each other, including their officers, agents, directors, and employees, hannless from all claims, demands, or suits of any kind, including aD legal costs and attomey's fees, resulting fonn the intentional misconduct of their employees or any negligent act or omission by their employees or agents. The obrlQations 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 wiD 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 fimfted 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) riots or war; or (j) unavailability of parts, materials or supplies. 2) ff 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 resutt from lire safety or seaJlity equipment that fails to perfonn property or fails to prevent a casually loss. 3) JCt is not responsible for any injury, loss, or damage caused by equipment that is not Covered Equipment. K. ASBESTOS AND HAZARDOUS MATERIAlS JCl's work and services under this Agreement exdude anything connected or associated with asbestos or hazardous materials. JCt shaD 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 knowfedge, there is no asbestos or hazardous matelial in the Customer's building that will in any way affect JCl'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 v.tJatever is necessary to correct the condition in accordance with aD applicable statutes and regulations. The Customer agrees to assume responsibility for any daims a~ng out of or relating to the presence of asbestos or hazardous materials in the Customer's W"".ding. L Jel's EMPlOYEES The Customer acknowledges that JCI's employees are a valuable asset to JCI. The Customer agrees to pay JCt an amount equal to 12 months of saIaJy for each JCI employee v.tJo worlIed 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 aD costs associated with any training JCI provided to such employees during the three years before the date the Customer hires such employees. Form E9115 (Rev 09/92) . M. ASSESSMENT tt is the Customer's responsibility to pay all taxes or other govemment charges relating to the transfer, use. ownership. servicing. or possession of any equipment relating to this Agreement. N. RENEWAL PRICE ADJUSTMENT JCI will provide Customer with notice of any adjusbnents 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 T ermIAutomatic Renewal provision of this Agreement the adjusted price shaD be the price for the renewal period. O. RESOLUTION OF DISPUTES ff a dispute arises, the parties shall prompUy 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. AI disputes shall be decided by a single arbitrator. A decision shaD be rendered by the arbitrator no Ialer than nine months after the demand for artJitration is lied, and the art>itrator shal state in writing the factual and legal basis for the award. No discovery shal be permitted. The arbitrator shall issue a scheduing order that shaD not be modified except by the mu1uaI agreement of the parties. Judgment may be entered upon the award in the highest state of federal court having jurisdiction over the malIer. The prevaifing party shall recover aU costs, including attorney's fees, inaJJred as a resutt of the dispute. P. MISCEllANEOUS PROVISIONS 1) Arrf 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 JCt and the Customer and supersedes any prior oral understandings, written agreements, proposals, or other communications between JCt and the Customer. 4) Any change or modification to this Agreement will not be effective unless made in writing. This written instrument Il1JSt specifically incfJCate that ft is an amendment, change, 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 forte or effect 6) Should any changes to relevant regulations, laws, or codes substantialy affect JCl'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 CONT~LS Alliance@ -1- J@HNSON CONTR~LS . Customer Name Address City Building City of Stillwater City Hall 216 North Fourth Street Stillwater Planned Service Agreement Agreement No. State MN Location Zip 55082 Proposal 11/30/05 Loc. 10 No. Scope of Service Johnson Controls, Inc. (JCt or Johnson Controls) and the Customer agree that the services checked below will be provided by JCt at the Customer's facility. The Terms and Conditions, Assurance Services, E Duioment listinos, and Schedules included in this Aoreement cover the rights and obliQations of both the Customer and JCt. Primary Air Reciprocating Air Primary Heating Facility Conditioning PRIME Premium Premium Management Premium - - - - Equipment Conditioning Equipment Systems X Basic Equipment X Basic X Basic x Basic - - - labor Only Fire Detection & Associated Air Automatic Security Management Premium Conditioning Premium Temperature Premium Management - Premium - - - Systems & Heating Controls Systems Basic Equipment X Basic X Basic Basic labor OnlY - - labor OnlY - - Maintenance Facility Operations Management Services Training Premium - - - - Basic - Extended Service Options for Premium and PRIME Coverages On-site repair services will be provided during JCl'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). ./Automatic Renewal This Agreement takes effect on January 1st 20 06 It will continue for an original tenn of ---L- year(s). It will automatically renew on a year-ta-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 T enns and Conditions, Price and Payment T enns The total price for JCI's service during the original teon of this Agreement is $10,665.00 This amount will be paid to JCI in annually. installment of $10,665.00 These payments will be due and payable when the Customer receives JCl's Invoice and in advance of the services JCI is to provide. JOHNSON COmROlS, INC. CUSTOMER By Michael Witzel By SignatuIe SignatuIe Title Service T earn Supervisor Date Title Date JCI Manager (proposal not valid until signed by JCJ Manager) Date This proposal is valid for II1irly days from proposal date. Telephone Number JCI Branch Branch Address Minneapolis - 082 Branch Phone # 1801 - 67th Ave. N., Mpls., MN 55430 (800) 677-7650 Customer P.O. # Renewal Date Additional Terms and Conditions follow Form E9115 (Rev 09/92 . Additional Locations . Building Location Location I 0 # City of Stillwater City Hall 216 North Fourth Street Additions and Exceptions Equipment Coverage is Extended to Include: Main Air Handling Unit Air Conditioning and Pump Service Cabinet Unit Heaters and Exhaust Fans VAV Box Service Quarterly inspections including filter changes on the 3 rooftop units for the tire department. Provide pre-season boiler tune up including the 2 pumps. for JCI for CUSTOMER . Form E9115 (Rev 09/92) . TERMS Terms and Conditions 1) DEFINITIONS (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 allached to this Agreement. . (b) EQUIPMENT FAILURE means the sudden and accidental fanure of moving parts or eIecIric 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 perfOlm inspections and preventive maintenance on Covered Equipment (d) SCHEDULED SERVICE MATERIAlS include materials required to perfonn Scheduled Service VISits on Covered Equipment (e) REPAIR LABOR includes labor necessal)' to restore Covered Equipment to worlIing condition foDowing an Equipment F allure and excludes total equipment replacement due to obsolescence or unavailability of parts. (f) REPAIR MATERIAlS includes materials necessary to restore Covered Equipment to worlIing condition following an Equipment Failure and excludes total equipment replacement due to obsolescence or unavanabilily of parts. At Jel's option, Repair Materials may be new, used, or recornfitioned. All 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. Ic) PRIME LEVEL COVERAGE includes BASIC COVERAGE as wen as Repair Labor, plus Repair Materials if elsewhere set forth in this Agreement. for Covered Equipment consisting of cenbifugal, absorption, or screw chillers, PRIME LEVEL COVERAGE also includes Repair Labor, and Repair Materials if othefWise set forth in this Agreement, for diagnosed imminent equipment failure as wen as ac1ual Equipment Failure. PRIME LEVEl COVERAGE includes the following services and requirements. JCI M anayze diagnostic les1s i1ckJding Pre-Vue Vibralioo ~, spectrochertica (j a1<tysis, and megohm readings. '" diagnostic les1s must be performed at JCIiJresai>ed ftequencies and 10 Jel-specified lest s1a1dalIs. II eIseM1ere noted irllhis Agreement, roterage wi irlxfe Repair labor and Repair MaleriaI for 1m exchanger tubes if a1 Eddy Current~, acceplable 10 JCl, has been performed irlthe . three yea; prioc to \his Agreement and is provided 10 Jel, <r such a lest wi be performed as part of the Agreement Shoukl JCt's analysis suggest the existence <r the possiJity of e<M>ment deteOOralioo ou1side mtqJated <r acceptable conditioos, JCI may at its qJ1ion take corrective steps necess<fy 10 prevent further deterioratioo <r breakOONri cllhe Covered Equipment JCI refair1s sole pdgment over >M1elher equipment condilions are considered acceplable, whether corrective steps shoukl be taken, <r I'ot1al steps, , inj, need 10 be taken. PeIbmance of inj corrective steps under this PRIME coverage is not a gu<Jllltee that E\MJmenl F aikJre <r d<m1lime WI not 0CQJr, 3) EXTENDED SERVICE includes extended seMce for repaiJs and is available only if Customer has PREMIUM <r PRIME coverage. The price for Extended SefVice, if chosen by CusIomer, is part of the total price Customer 'Nil pay. Should a defect be found during an Extended SefVice visK that JCI is not responsIDle for under this Agreement, Cuslomer agrees 10 pay Jet's standard fee for any services rendered. Should Repair labor <r Repair Materials be performed in periods beyond the Extended SeIVice period, CusIomer agrees 10 pay JCt's standard fee for any services rendered beyond the Extended SefVice period. CONDITIONS A. INITIAL EQUIPMENT INSPECTION FOR PREMIUM OR PRIME COVERAGES Jel 'Nil inspect the Covered Equipment vWhin 45 days of the date of this Agreement <r as seasonal <r operational conditions permit. JCI WI advise Customer , JCI finds any Covered Equipment not it working order <r irl need of repair. WIth the Cuslorner's approval, JCI wi! perform the worlI necessaI)' to put the Covered Equipment it proper working condition, This work wiD be done at JCFs standard fee for parts and labor in eIIect at that time. lithe Customer does not want JCI to do the work identified by JCI, or l Cuslomer does not have the work done, the equipment wiI be removed from the list of Covered Equipment and the price of this _Agreement wiI then be aOJUSted. AARANTY JCI warranls that its services wiI be provided in a good and worlImanike manner and that paI1s repaired or replaced by JCI wiI be free from defects in workmanship, ~n, and material unti the end of \his Agreement or for one year, v.tlichever is earlier. JCt's sole obligation shaI be to repair <r to replace defective parts <r 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 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, D. CUSTOMER OBLIGATIONS AND COMMITMENTS TO JCI 1) The Customer warrants that. to the best of Customer's knowledge, aI Covered Equipment is in good working condition and that the CusIomer has gNen Jel aI i1formation of YAlich Cuslomer is aware concerning the condition of the Covered Equipment 2) The Customer agrees that. during the term of this Agreement, the Customerwl: (a) operate the Covered Equipment according 10 the manufacturer's recommendations; (b) keep accumte and current work logs and information on the Covered Equipment as recommended by the manufacturer, (c) provide an adequate environment for Covered Equipment as recoomended by the manufacturer <r as recommended by JCI, indud"1I1Q adequate space, electrical power, air conditioning, and humidity control; (d) notify JCI immediately of any equipment malfunction, breakOONri, <r other condition affecting the operation of the Covered Equipment; (e) aBow JClto start and stop, periodicaly turn off, <r oII1erv.lse change <r temporarily suspend equipment operations so that JCI can perform the services required under this Agreemen~ and (~ provide proper condenser and boiler waler treatment, as necesscwy, for the proper funclioning of Covered Equipment, if such services are not JCfs responsiJiIily under this Agreement 3. The Customer acknowledges that its fa~ure to meet these obligations wiD relieve JCI of any responsibirlly for any equipment breakdown, or any necessary repair or replacement, of any equipment. E. CHANGES TO CUSTOMER EQUIPMENT The Customer retains the right to make changes or allerations to its Equiprnenllf, in JCt's opinion, such changes or alterations substantially affect JCl's services or obrlQations, JCI shall have the right to make appropriate changes to the scope or \0 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, JCl's obligations under this Agreement will be suspended until such access to the equipment is provided. Matters affecting Jel's access to the equipment may include, but are not limited to, the removal, replacement. repair, refinishing, restoration, reconstruction, or other remed"1aI actions taken by the Customer with respect \0 equipment or \0 the Customer's facility. Suspension of JCl's duties for this reason wiD not cancel or suspend any of the Cuslome(s obligations under this Agreement. G. EXCLUSIONS JCt's services under this Agreement do not include: 1) supples, accessories, <r inj items normaIy consumed duJing the use of Covered Equipment, such as ribbons, bulls, and paper; 2) caBs resulting from lack cloperalDr-level preventive maintenance, site-reIated problems, <r operator erra; 3) service caBs due to faiures resulting from acts of God, abuse <r misuse of equipment. or aIIerations, modiIications, <r repairs to equipment not performed <r provided by JCI; 4) the furnishing of rnateras and supplies for painting <r refinishi1g e<MJmenI; 5) eIecIricaI work to the Cuslorner's faciIily necessary because cI equ\IDlenl; 6) seMce caBs resulting from atIachmenls made to Covered Equipment <r other equipment not covered by lhis Agreement; 7) the repar <r replacement cI Wcfwork, casings, cabine1s, slrucIuraI supports, It1.Yer 1iIVsIa1sibasiJ, hydronic and pneumaIic piping, and vessels, gaskets, and piping not normaIy replaced <r maintained on a scheduled basis, and removal of aI from pneumaIic piping; 8) service calls resul1ing from the elfecls of erosion, corrosion, acid deani1g, <r damage from unexpected <r especiaIy severe freezing weather Ihat is beyond 'ht1at is prevented by JCt's normal maiJtenance; 9) work caused by inj operation cI, <4Jstmen1s to, <r repair 10, Covered Equipment by others not authorized it advance by JCI; 10) work caused by the negligence cI olhers, indud"1I19 but not imiled to equipment operators and water lreatment companies; 11) seMce caRs due to faIures caused by improper environmental conditions afJeding equipment or electrical power 1Wuations, l due 10 conditions beyond JeFs control, and seMce calls required because JCI had previously been denied access 10 the equipment; and 12) disposal of hazardous wastes. Hazardous wastes remain the property and the responsNty of the Customer even when removed from e<M>rnenI <r replaced by Jel as provided by the terms cllhis Agreement. The Customer shaI be responsible for the proper storage and disposal of hazardous wastes. This includes, but is not imiled to, used oil, contaminated <r uncontaminated refrigerant, and PCBs. H. JCl's EQUIPMENT JCt may provide tools. documentation. panels. or other control equipment in the Customer's building for JCl's convenience in performing JUs selVices. That equipment shaD remain JCl's property. JCI retains the right to remove such ~ems at any time during the term. or upon the termination of. this Agreement INDEMNITY JCI and the Customer agree that JCI shaH be responsible only for such injury, loss. or damage caused by the intentional misconduct or the negligent act or omission of JCt. JCI and the Customer agree to indemnify and to hold each other, induding their officers, agents, directors, and employees, harmless from an claims, demands, or suits of any kind, including aH 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. LIMIT A lION OFlIABILITY 1) Neither JCI nor the Customer wiD be responsible to the other for any special, indirect, or consequential damages. Neither party VlliH 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 negl'lQence, of that party. Such conditions indude, but are not limited to: (a) acts of God; (b) acts of Govemment agencies; (e) sbikes; (d) labor disputes; (e) fire; (f) explosions or other casualties; (g) thefts; (h) vandalism; (I) rials or war; or (j) unavailaMty of parts, materials or supplies. 2) ~ this Agreement covers fire safety or security equipment the Customer understands that JCI is not an insurer regarding those selVices. JCI shall not be responsible for any damage or loss that may resuH from fire safety or security equipment that fails to peIform property 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 ASBESTOSANDHAZARDOUSMATER~LS JCl's wort< and seIVices under this Agreement exclude anything connected or associated with asbestos or hazardous materials. JCI shall not be required to peIform any identifications, abatement cleanup, control, or removal of asbestos or hazardous materials. The Customer represents that, to the best of the Customers knowledge, there is no asbestos or hazardous material in the Customer's building that Vllill in any way affect JCl's wort<. Should JCI become aware of or suspect the presence of asbestos or hazardous materials, JCt shall have the right to stop wort< in the affected area irnme<fl3tely and notify the Customer. The Customer VlliR be responsible for doing whatever is necessary to correct the condition in accordance with all applicable statutes and regulations. The Customer agrees to assume responsibility for any claims arising out of or relating to the presence of asbestos or hazardous materials in the Customer's building. L. JCrs EMPLOYEES The Customer acknowledges that JCl's employees are a valuable asset to JCI. The Customer agrees to pay JCI an amount equal to 12 months of salaly for each JCI employee who wort<ed althe Customer's facirlty that is then hired by the Customer at any time during the term of this Agreement and for 60 days thereafIer. In addition, the Customer agrees to reimburse JCI for all costs associated with any training JCI provided to such employees during the three years before the date the Customer hires such employees. Form E9115 (Rev 09/92) M. ASSESSMENT H is the Customer's responsibil'rty to pay all taxes or other govemment charges relating to the transfer, use. ownership, servicing, or possession of any equipment relating to this Agreement N. RENEWAL PRICE ADJUSTMENT JCI Vllill provide Customer with notice of any adjustments in the Agreement price applicab. renewal period no later than forty-five (45) days prior to the commencement of that renewal Unless the Customer terminates the Agreement as provided in the Term/Automatic Ren at provision of this Agreement, the adjusted price shall be the price for the renewal period. O. RESOLUTION OF DISPUTES ~ a dispute arises, the parties shaH promp1ly 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 !\Jbitration Association in effect at that time, except as modified herein. All disputes shaD be decided by a single artJitralor. A decision shaH be rendered by the arbitrator no later than nine months after the demand for arbitration is filed, and the arbitrator shall state in wriling 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 slate of federal court having jurisdiction over the matter. The prevailing party shall reCDYer aI costs, including attorney's fees. incurred as a resuH of the dispute. P. MISCELLANEOUS PROVISIONS 1) Any notice that is required to be given under this Agreement must be in wriling 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 VlliU not be effective unless made in writing. This written instrument must specificaHy indicate that ~ is an amendment change, 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 estab6sh payment authority for the Customer's iltemal accounting pUlpOSes. 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 wiD have any force or effect. 6) Should any changes to relevant regulations, laws, or codes substantialy 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. . 0~HNSON CONT~LS . . . . FORESTRY CONSULTANT CONTRACT FOR 2006 This contract is made this 1 ih day of January 2006, between the City of Stillwater, a Home Rule Charter City of the third class, existing under the laws of the State of Minnesota, with offices at 216 North 4th Street, Stillwater, Minnesota 55082, "City", and Kathy Widin, Plant Health Associates, Inc. 13457 Sixth Street North, Stillwater, Minnesota 55082, "Consultant". RECITALS The City desires to retain the services of the Consultant to provide consulting services in the development and maintenance of a forestry management program. Consultant agrees to perform these services for the City under the terms and conditions set forth in this Contract. In consideration of the mutual promises set forth herein, it is agreed between the City and the Consultant as follows: SECTION I. NATURE OF WORK Consultant will perform the services as shown on the attached Exhibit "A" on behalf of the City. SECTION II. PLACE OF WORK It is understood that Consultant services will be rendered largely in the field or at Consultants place of business and not in the Office of the City. SECTION III. COMPENSATION 1 . The City will pay to the Consultant as follows: a. $45.00 per hour for services listed in Exhibit "A" or as otherwise approved by the City. b. Ordinary and necessary business expenses incurred by the Consultant and attributable to the work will be reimbursed by the City provided that prior written approval is given by the City. SECTION IV. STATUS OF CONSULTANT This Contract calls for the performance of the services of the Consultant as an independent contractor and the Consultant will not be considered an employee of the City for any purpose. SECTION V. INDEMNIFICATION . Any and all claims that arise or may arise against the Contractor, its agents, servants or employees as a consequence of any act or omission on the part of the Consultant or its agents, servants or employees while engaged in the performance of this Contract shall in no way be the obligation or responsibility of the City. Consultant shall indemnify, hold harmless and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees, which the City, its officers or employees may hereafter sustain, incur or be inquired to pay, arising out of or by reason of any negligence or willful act or omission of the Consultant, its agents, servants or employees, in the execution, performance or failure to adequately perform Consultant's obligations under this Contract. SECTION VI. AUTHORITY The City hereby grants to the Consultant all authority reasonably necessary to pursue and achieve the objectives of this Contract. SECTION VII. DURATION This contract will be in effect from January 1,2006 through December 31,2006 and will be renewable on an annual basis upon mutual agreement by both parties. This agreement may be terminated by either party upon sixty (60) days written notice to terminate the agreement by the party IN WITNESS WHEREOF, the parties have set their hands this 1 ih day of January, 2006. . CITY OF STILLWATER By: Jay L. Kimble, Mayor By: Diane F. Ward, City Clerk PLANT HEALTH ASSOCIATES, INC. By: b---:=J?--JJl - . / thy Widin . Exhibit "A" Forestry Consulting Work Program - 2006 To: Larry Hansen, City Administrator, and City Council City of Stillwater From: Katharine D. Widin, Ph.D. Forestry Consultant 1/6/06 SERVICE ESTIMATED WORK PROPOSED HOURS Maintenance of Public Trees Evaluation of Trees on 20 Evaluations of trees on public property to determine nature of tree Public Property: problem(s) and whether or not specific trees should be removed or n Boulevard Trees other care - on a case by case basis Park Trees Trees on City 5 Woodland management plan for Brown's Creek Nature Area and Property general year-long maintenance calendar for public woodland areas Education/Outreach Write Articles 7 Articles for City Newsletter (4) and 1 article for the Stillwater Gaze Info. sheets for residents tree-related issues; information for city website; handouts for reside] Maintain Forestry 40 Return phone calls from residents and make site visits regarding tret: Hotline disease and cultural problems. Send literature to residents regarding information requested. inars/W orkshops for 5 Info. sessions for residents on tree planting and care and managemel Residents European buckthorn (may be related to City projects) Buckthorn Management 15 Work with Friends of Stillwater Parks and a neighborhood groups OJ Demo. Project demonstration project in a public area (continue McKusick Ravine 1 add Brown's Creek Nature Area) to manage European buckthorn an. invasive woody plants 2 Brochure to go with girdling tool loan program Tree Protection Site design review for 10 (est.) Site review of building placement, tree location and protection on w wooded lots (developer) building lots Oak Wilt! 10 Survey for oak wilt infection centers within the City; provide infonII Dutch elm disease and assistance to property owners in management of oak wilt and Dl disease Site review/tree 10 To provide guidelines, site review for City projects regarding tree se protection and planting, care and protection; to provide recommendations and field management projects; instruction for control of buckthorn, an invasive woody plant, in are; memos, meetings, etc. public projects Development Projects: 15 (est.) To provide guidelines, site review for City projects regarding tree se ( developer) planting, care and protection; ~ated Hours for 2006: City = 114 (@$45.00/hour) = $5130.00 . Developer = 25 (paid by developers) Forestry Program Final Report 2005 1/6/05 . From: Katharine D. Widin, Ph.D., Forestry Consultant Evaluation of Trees on Public Property At the request of City Staff (Comm. Devel., Engineering/Public Works or Parks), or residents, I visited sites within the City to evaluate the health of trees and make recommendations regarding their care. The trees examined included boulevard trees, park trees and trees elsewhere on lands owned by the City. I also inspected trees along the McKusick Ravine Trail and the Liberty/Legends trail for structural problems. I had a number of requests this year to evaluate trees along boulevards. Some situations had to be referred to the city Code Enforcement Officer in order to have trees removed. Meetings, telephone discussions and memos regarding these issues. (32.5 hours) Wrote grant for tree planting. Grant-Writing (5 hrs.) Forestry "Hot-Line" I returned telephone calls from City residents and made site visits to look at trees and shrubs and recommend management for tree planting, pruning, removal, and insect, disease and cultural problems. In 2005 I returned approximately 260 phone calls and made 130 site visits to residents (compared to 188 phone contacts and 134 site visits in 2004). Calls were in regard to tree insects, diseases, cultural problems, tree protection, tree and shrub i.d., buckthorn management, oak wilt, storm damage and tree care. The most frequent questions in 2005 concerned oak anthracnose and other leaf diseases. This is a very positive part of the program and a service valued by residents. (52.5 hours) Buckthorn Mana2ement I presented a workshop on buckthorn management at City Hall spring of2005. There were approx. 25 people in attendance. In cooperation with Friends of Stillwater Parks, Eco-Ministry of Trinity Lutheran Church, Hope House and the. Stillwater Pub. Works Dept., I helped organize and carry out a Buckthorn Management Project in October along McKusick Ravine Trail (between Mulberry and Cherry Sts.). There were 20 volunteers helping on the day of the project. (seminar = 5 hours, mgt. project = 13 (+volunteer hours) Public Information Articles and Website I wrote articles on tree management subjects for several issues of the City Newsletter (tree cutting - bluff and ravine areas, buckthorn, lawn mower and weed whip injury, oak wilt, stem girdling roots, oak anthracnose, trees for winter interest and checking tree structure). I was also interviewed for a local forestry issues article published in the Stillwater Courier. In conjunction with the forestry programs for Oak Park Heights and Lake Elmo, I prepared some handouts on tree problems for residents. I continue to review forestry information for inclusion on the city website (5 hours) Oak Wilt and Dutch Elm Disease This work included preparation of oak wilt map for DNR, oak wilt survey and work with property owners on oak wilt diagnosis and management. For Dutch elm disease I visited properties upon request and offered management information. In February, I completed annual tree inspector certification training. (10 hours) Tree Protection Site review of building placement, tree location, protection and identification of potential risk trees on wooded lots in the Liberty/Legends developments. (2.0 hours - builders) Site review for several projects (residential remodeling or in-fill construction regarding tree care and protection during construction. Meetings and memos regarding these projects. (2.0 hours) Tree cutting along bluff south of downtown - email, telephone, meetings, site visits re: situation. (3.0 hours) Work on developments regarding tree preservation recommendations - Liberty West - (4.5 hours - developer) Evaluation of trees at construction sites and in park/public areas regarding retention or removal. (10.0 hours) . Total Hours = 138 (City), 6.5 (Developer) = 144.5 @ $45.!hr. = $6,502.50 . City of Stillwater 1/4/06 From Brine's Bar & Restaurant 219 So. Main St. This letter is to request penmssion from the city of Stillwater for Brine's upcoming 14th. Annual Frozen Bocce Ball Tournament. The date is set for Sat. Feb. 25th. from 10:00 a.m.-10:00 p.m. This year we would like to use parking spaces on both the east and west side of Water St. from Chestnut St. to just behind Brine's building, this would include closing Water St. in that area (see plan A). We will contact affected business to see if there are any conflicts. A port-a-pot will be on sight and all clean up will be done on Sun. Feb. 26th. If there are any question please contact Gerry Brine at 439-7556. I would like to thank the city of Stillwater for past and future co-operation on this event. . Thank you,. ( ~'1 .. ~ . . . ,"" Gerry Brine . :l. I ~. ~ ~ ~ t; "2 ~ J, ~ <JC 4' L1... I.LI t[ C I "::t:: ~ , I \.u t= I I ~ I I ! G ! 1- ~ I ~ ! ~ a ~ .2 a.. ~ ~ a co I t ~ ~ j bi <C I i U) i W' ~ ~ ~: C ~ (I), -<~l(, c:::t <.{< I ~ I I ! Q,.S .3 ! i \5,8; I I V. --1 i t H I f ~ I ~. {.? ;j ~ 0 I 0 ~ , I V ! ~ V> :2 I ~ - ...j j x I << \< --l Q: "', <! I ~ { '4 i I 8 ~ \.u I pO c..J c..J I UJ c ~ GlIJ ~ -=01~S. JlltV.lSJH:J . : . .-=--~ I ' ~ .~..."..~__s""_~.., '1 216 N. 4tll St,'eet StillJVater~ IJJIV 55082 Teleplume: 651.430.8800 Fnx: 651.430.8809 . APPLICATION FOR SPECIAL EVENT All items on application MUST be completed and received by the City 45 days prior to proposed event Incomplete applications will not be processed Submittal Date: l "II).(, APPLICANT INFORMA nON Email Address: Daytime Phone 11/lJJJf:3 BAP-. t R ~s-1A IJ AAlJT ,"p R.~ 1 ER. J IJ~ 2./9 <zo ~AJfJ IT ~JJ..J-Wkr~1Z State mIJ G$] - f 3? - 7 ~S"fd Alternate Number Type of Organization Non-Profit For-Profit X Organization Contact Person Address Zip ~~O f 2- City EVENT INFORMA nON (Special Events involving the use of City Property may require Park Board or Parking Commission Review. Events on Private Property may require Planning Commission review) Date(s) of Event . 2-/2~ /()C:l I / Hours of Event /O.'tJCJ AJIr - !()/OO PtI) (Special Events conducted after 10:00 p.m., require. Council approval of a variance to the noise ordinance) Purpose & Description of Event B/l. } ~ (S. If1R ItJJ/JuA'-- ~OCc.f fiAL/.. fO(JRJJ.AJf!h( Proposed Location of Event (be specific) fEe Al1kHfb L!-r(t/J... If Lowell Park is to be used: North Lowell Park or South Lowell Park (Circle which one or both) Type of Event paGet /MIl. (oof(NAI'A!/Tf Estimated number of people to attend wo-1-!:J5 .Site Map (required) Impact on Parking (required) Following Information must be supplied (Put a check next to items pertaining to your event. If not applicable - Please put N/A in the space) Selling Alcohol I Temporary Liquor Licenses arl: ONL Y available to non-profit organizations - $25.00 per day Permit to Consume ? (for the consumption of beer, wine, wine coolers, and hard liquor on public property (parks). $35.00 fee) 7 (attach to application) 7 Describe: c;.E! ' 1-E7r!/<.. . (CONTINUE ON BACK) Special Signage L Describe~AJfJt 1).5. oAJ ~UIJ...iJ ING- Letter of Approval by Property Owner if on Private Property (attach to application) . Tents or Membrane Structures Cooking Operations Water Activities (River/Lakes) Size Propane River lake Name: location Deep fat frying Exiting Points Other Ambulance Standby Fire Department Standby EM S Needs Open Flame or Burning Operations Fireworks Street Closure EMT Standby Describe Police Officer Needed JL' What Streets: fuArr A.. 'grA.Eq (Required if a/cohol is being 'served on public property and attendance is over 75 people or at the discretion of the Police Chief) - Contact Stillwater Police (651- 4351-4900) to arrange for officer (Applicant to pay for restrooms - Contact Public Works 275-4100) Restrooms (Portable) live Entertainment Type of Music LD4J App IC nt ure " I'~::::~ \mm~J;:ltt~g~tiI CommunUy Development ~ Commenls, . City Administrator . ~ ~ ' Fire Chief ~J./I' : !. 0' o o o D ~ ../-bV~... City Clerk Police Chief Public Works Director Public Works Superintendent Parks Board Approval Required Planning Comm. Appr. Required City Council Approval Required . FEES (if applicable) Permit to Consume: Temporary liquor license $25.00 per day Event Fee , Depbsit $250.00 Other Fees: . TOTAL FEES , . . . STATE OF MINNESOTA CITY OF STILLWATER COUNTY OF WASHINGTON BEFORE THE CITY COUNCIL In Re: The Application of Lisa Ann Clark Case No. V /05-64 FINDINGS OF FACT CONCLUSIONS AND ORDER The City Council convened the Hearing at approximately 7:00 p.m. on January 3,2006 at the Council Chambers in City Hall on the Application of Lisa Ann Clark ("Applicant") for approval of a variance from the zoning regulations of the Stillwater City Code. At the Hearing, the City Council considered the report of Steve Russell, the City Community Development Director, testimony and exhibits submitted by the Applicants, the Staff Report and Minutes of the Planning Commission, a map, testimony of adjacent neighbors of the property in question, and the Planning file prepared by City Staff for the Application, which included: (a) A sketch showing the property location, boundaries, and dimensions; and (b) A sketch of the location of property in relation to the neighborhood near the intersection of Myrtle and Owen Streets. NOW, THEREFORE, based upon the documents that have been made a part of this file, upon the testimony of all those who offered it, and upon all the files, records and proceedings herein, the City Council makes the following: FINDINGS OF FACT 1. The Applicant is the owner of the Lot for which a variance is requested. 2. It is proposed that the Lot be used for the retail sale of products for natural healing and well being. The property consists of a 5,418 square foot comer lot with a dimension of 43 " feet by 126 feet. Although 7,500 feet is the minimum lot size for the area, the lot was platted and . built upon before adoption of the Zoning Ordinance that created the R.B. District and the lot is, therefore, a lawful non-conforming use. 3. That retail or commercial uses are not permitted uses under the regulations for the Zone in which the Lot is located. 4. That Minn. Stat. 9462.357, subd. 6(2) prohibits the City from granting such a "use variance." 5. That no evidence was presented by the Applicant that a hardship exists with regard to the subject parcel as required by the City Code or Minn. Stat. 9462.357, subd. 6 (2). 6. That if a hardship exists at all, it is a hardship created by the Applicant who proposes to use a Lot in a manner prohibited by the Ordnance. 7. Use of the Lot for the existing home is reasonable use. . 8. The proposed development is not compatible with adjacent property. 9. That allowing more commercial or retail use in the neighborhood would increase traffic and foster further erosion of the quality of residential use in the area. CONCLUSION OF LAW 1. That this matter was properly before the City Council pursuant to the procedure set forth in the City Code. 2. That the variance is for the use of property that is not permitted by the terms of Minn. Stat. 9462.357, subd. 6 (2). 3. A variance as requested III the Application, IS not III harmony with the neighborhood. . - 2 - . . . 4. That based upon the findings, the proposed variance to the Zoning Ordinance will be a detriment to adjacent property, will frustrate the purpose of the Zoning Ordinance, and violates the spirit of the guide of the Comprehensive Plan. ORDER IT IS HEREBY ORDERED 1. The variance is hereby denied. Adopted by unanimous vote of the City Council this _ day of January, 2006. CITY OF STILLWATER Jay L. Kimble, Mayor ATTEST: . Diane F. Ward, Clerk . - 3 - . . . RESOLUTION ADOPTING FINDINGS OF FACT, CONCLUSIONS AND ORDER RELATED TO THE DENIAL OF A VARIANCE TO ALLOW RETAIL USE ON PROPERTY LOCATED AT 104 NORTH OWENS STREET IN THE RB, TWO FAMILY RESIDENTIAL DISTRICT. CASE NO. V/OS-64 WHEREAS, based upon direction given by the City Council, the City Attorney has drafted Findings of Fact, Conclusions of Law and Order in support of the decision to deny a variance for retail use on property located at 104 North Owen Street in the RB, Two Family Residential District; and WHEREAS, the City Council has given full consideration to all the evidence presented and due consideration, resolves as follows: 1. That the Findings of Fact, Conclusions of Law and Order attached hereto as Exhibit "A" regarding supporting the decision to deny the variance to . allow retail use on property located at 104 North Owen Street in the RB, Two Family Residential District, are hereby accepted and adopted. Adopted by affirmative vote of all the members of the City Council on the 17th day of January, 2006. Jay L. Kimble, Mayor ATTEST: Diane Ward, City Clerk . . Memo To: Mayor and City Council From: Diane F. Ward, City Clerk Date: 1/12/2006 Subject: Charter Commission Appointment . Attached are two applications for the Charter Commission appointment. One is from Jeanne Anderson, Ward 1 and the other is from Terry Zoller, Ward 1. It should also be noted that there are three terms expiring on May 1, 2006. I have also heard (not officially) that another member may be moving out of Stillwater; therefore four (4) members will need appointment. Advertisement for the three (3) terms for the Charter Commission will begin February 1, 2006 (90 days required by the Charter). The vacancy must be filled by appointment of the Chief Judge of the Tenth Judicial District pursuant to Minn. Stat. ~410.05, and if the Chief Judge fails to appoint new commission members within thirty (30) days, then thereafter the City Council may appoint new members unless, within the thirty (30) day period, the Chief Judge indicates in writing to the City Council an intention to appoint new members, in which case the Chief Judge will have an additional sixty (60) days to make the appointment. ACTION REQUIRED: Review applications and appoint a member to the Charter Commission. . 1 CHARTER COMMISSION . Members Date Appointed Ward Term Expires Mary Ruch (Chair) Appt'd 5/1/96,98,02 W4 Second full term May 1, 2006 Eugene "Taco" Bealka Appt'd 3/01,02 W4 First full term May 1,2006 Dwayne Nelson Appt'd 1/21/04 WI unexpired term of C. Donnelly May 1, 2006 Wayne Anderson Appt'd 5/99,00,04 W2 Second term May 1, 2008 Patrick Needham Appt'd 10/01,04 First full term W2 May 1, 2008 . Jeanne Anderson - resigned Appt'd 6/27/05 unexpired term of Richard Colemier (deceased) W3 May 1,2008 Edward Gordon Appt'd 5/04 First term W4 May 1,2008 Dorothy Molstad Appt'd 5/04 First term W3 May 1, 2008 John L. Lund Appt'd 10/01,04 First full term WI May 1,2008 The purpose of the Charter Commission is to study the local charter and city government and recommend changes when appropriate. The Charter Commission is organized per Minnesota Statutes, Chapter 410. The members serve . for a period of four years and may not serve for more than two successive terms. The Charter Commission has nine (9) members. The Charter Commission meets the 3'd Monday of each month. Rev. 6/05 . . . ~ EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA HELD: January 17,2006 Pursuant to due call, a regular meeting of the City Council of the City of Stillwater, Washington County, Minnesota, was duly held at the City Hall on January 17,2006, at 7:00 P.M., for the purpose, in part, of considering proposals for, and awarding the competitive negotiated sale of, $6,400,000 General Obligation Capital Outlay Bonds, Series 2006A. The following members were present: and the following were absent: In accordance with the resolution adopted by the City Council on December 20, 2005, the City Clerk presented proposals on $6,400,000 General Obligation Capital Outlay Bonds, Series 2006A, which were received, opened and tabulated at 10:30 A.M., Central Time, at the offices of Springsted Incorporated, on this same day. Bidder True Interest Cost Interest Rate See attached 18SSS68v I ~ The Council then proceeded to consider and discuss the proposals, after which member introduced the following resolution and moved its adoption: . RESOLUTION NO. RESOLUTION ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $6,400,000 GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 2006A, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council ofthe City of Stillwater, Minnesota (the "City") has heretofore determined and declared that it is necessary and expedient to issue $6,400,000 General Obligation Capital Outlay Bonds, Series 2006A (the "Bonds" or, individually, a "Bond"), pursuant to Minnesota Statutes, Chapter 475, and Sections 10.5 and 10.6 of the City's Charter, to finance the cost ofthe 2006 capital outlay projects of various City departments and renovations to the City's municipal library (the "Project") as more fully described in the resolution duly adopted by the City Council on December 20, 2005; and B. WHEREAS, it is in the best interests of the City that the Bonds be issued in book- entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, . Minnesota, as follows: 1. Acceptance of Proposal. The proposal of (the "Purchaser"), to purchase the Bonds in accordance with the Terms of Proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted and the Bonds are hereby awarded to the Purchaser. The City Clerk is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders any certified or cashier's checks or Financial Surety Bonds. 2. Bond Terms. (a) Title; Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be dated February 1,2006, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R-l upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations"). The Bonds shall mature on February 1 in the years and amounts as follows: . 2 1855568vl . Year Amount Year Amount 2007 $410,000 2017 $250,000 2008 325,000 2018 260,000 2009 335,000 2019 270,000 2010 350,000 2020 280,000 2011 360,000 2021 290,000 2012 370,000 2022 305,000 2013 380,000 2023 315,000 2014 395,000 2024 330,000 2015 230,000 2025 345,000 2016 240,000 2026 360,000 All dates are inclusive. As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). . (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). . (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of 3 1855568vl redemption, or (C) the payment to any Participant, any Beneficial Owner or any other . person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. . (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of . receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a 4 1855568vl . . . . special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agencylbond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (c) Termination of Book-Entry Only System. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond ifit determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination ofthe services ofthe Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions ofthe Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 11. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The Bonds shall provide funds to finance the Project. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Project shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for the Project are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2006, 5 1855568vl calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per . annum set forth opposite the maturity years as follows: Maturity Year Interest Rate Maturity Year Interest Rate 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 % 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 % 5. Redemption. All Bonds maturing on February 1, 2016, and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1,2015, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. Ifredemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds. . To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 ofthe principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, ifthe City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the holder thereof or his, her or its attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. U.S. Bank National Association, in St. Paul, Minnesota is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond . 6 1855568vl . . . Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 7 1855568vl UNITED STATES OF AMERICA STATE OF MINNESOTA WASHINGTON COUNTY CITY OF STILLWATER . R- $ GENERAL OBLIGATION CAPITAL OUTLAY BOND, SERIES 2006A INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP FEBRUARY 1, REGISTERED OWNER: CEDE & CO. % FEBRUARY 1,2006 PRINCIP AL AMOUNT: THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year (ebaCh, (an l"Intleredst paymh ebnt ~atef")'3c600mdmencing Afuguslt l'3200d06, at thehra)te p~rl ahnnU1~ s~ecll'fied . a ove ca cu ate on t e aSlS 0 a - ay year 0 twe ve - ay mont s unt! t e pnnclpa sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to whi~h interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of U.S. Bank National Association, in St. Paul, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books ofthe Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of . 8 1855568vl . .' . this Bond. Until termination ofthe book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Redemption. All Bonds of this issue (the "Bonds") maturing on February 1, 2016 and thereafter are subject to redemption and prepayment at the option of the Issuer on February 1, 2015, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or his, her or its attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $6,400,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and denomination, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, the Issuer's charter and a resolution adopted by the City Council on January 17, 2006 (the "Resolution"), for the purpose of providing money to finance the Issuer's 2006 capital outlay projects. This Bond is payable out ofthe General Obligation Capital Outlay Bonds, Series 2006A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the 9 1855568vl principal office of the Bond Registrar, but only in the manner and subject to the limitations . provided in the Resolution. Reference is hereby made to the Resolution for a description of the . rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereofto the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. . Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b )(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws ofthe State of Minnesota and the Issuer's charter to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional, charter or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Stillwater, Washington County, Minnesota, by its City Council has caused this Bond to be executed on its behalfby the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. . 10 1855568vl . . . Date of Registration: Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION BOND REGISTRAR'S CERTIFICATE OF AUTHENTICA TION This Bond is one of the Bonds described in the Resolution mentioned within. CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA U.S. BANK NATIONAL ASSOCIATION St. Paul, Minnesota, Bond Registrar Jay L. Kimble, Mayor By Diane F. Ward, City Clerk Authorized Signature 11 1855568vl ABBREVIATIONS .. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) under the (Minor) Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face ofthe within Bond in every particular, without alteration or any change whatever. . Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) . 12 1855568vl . . . 8. Execution; Temporary Bonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and City Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of an officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and City Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and canceled. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and, by inserting as the date of registration in the space provided, the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is February 1,2006. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever 13 1855568vl any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond . Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations ofthe City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The City Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. . 12. Interest Payment~ Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. . 14 1855568vl . . . 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Administrator/Treasurer to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Capital Outlay Bonds, Series 2006A Fund" (the "Fund"), to be administered and maintained by the Administrator/Treasurer as a bookkeeping account separate and apart from all other accounts maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund the following separate accounts: (a) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less accrued interest received thereon, less any amount paid for the Bonds in excess of $6,316,800. From the Construction Account there shall be paid all costs and expenses of making the Project, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. The moneys in the Construction Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes herein levied; and provided further that ifupon completion of the Project there shall remain any unexpended balance in the Construction Account, the balance shall be transferred by the Council to the Debt Service Account. \ (b) Debt Service Account. There are hereby pledged and there shall be credited to the Debt Service Account: (i) all accrued interest received upon delivery of the Bonds; (ii) any amount paid for the Bonds in excess of $6,316,800; (iii) collections of all taxes herein or hereafter levied for the payment of the Bonds and interest thereon; (iv) all funds remaining in the Construction Account after completion of the Project and payment of the costs thereof; (v) all investment earnings on moneys held in the Debt Service Account; and (vi) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds ofthe City hereafter issued by the City and made payable from the Debt Service Account as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued, and (2) in addition to the above in an amount not greater than five percent ofthe proceeds of the Bonds. To this effect, any sums from time to time held in the Construction Account or Debt Service Account (or any other City fund or account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard as to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. In addition, the proceeds ofthe Bonds and money in the Construction 15 1855568vl Account or Debt Service Account shall not be invested in obligations or deposits issued by, . guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section l49(b) of the federal Internal Revenue Code of 1986, as amended (the "Code"). 16. Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Levy Year of Tax Collection Amount 2006-2024 2007-2025 See attached Levy Schedule The City has heretofore levied $ in 2005 for payment of the principal and interest on the Bonds in 2006, a direct ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City. The tax levies are such that if collected in full they, together with estimated collections of other monies herein pledged for the payment of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, . provided that the City reserves the right and power to reduce the levies in the manner and to the . . extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 17. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 18. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" ofthe Bonds, being those portions thereof which will be used by the . 16 1855568v 1 . City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf ofthe City) has made or will have made a written declaration ofthe City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" ofthe Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $1 00,000 or 5% of the proceeds ofthe Bonds. . (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1. 150-2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any ofthe foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status ofthe Bonds. 19. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-l2 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: . (a) Provide or cause to be provided to each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository ("SID"), if any, for the State of Minnesota, in each case as designated by the Commission in accordance 17 1855568vl with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. . (b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. ( c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place with "Officers" are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. . 20. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers ofthe City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds ofthe City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 21. Certificate of Registration. The City Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Washington County, Minnesota, together with such other information as the Auditor shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register, and that the tax levy required by law has been made. 22. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. . 18 1855568vl . 23. Negative Covenant as to Use of Bond Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost ofthe Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 24. Tax-Exempt Status of the Bonds; Rebate; Elections. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (a) requirements relating to temporary periods for investments; (b) limitations on amounts invested at a yield greater than the yield on the Bonds; and ( c) the rebate of excess investment earnings to the United States. The City expects to satisfy the eighteen month expenditure exemption for gross proceeds of the Bonds as provided in Section 1. 148-7(e)(1) of the Regulations. If any elections are available now or hereafter with respect to arbitrage or rebate matters relating to the Bonds, the Mayor, Administrator- Treasurer, or either of them, are hereby authorized and directed to make such elections as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. . 25. Designation ofOualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b )(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 ofthe Code; (c) the City hereby designates the Bonds as "qualified tax -exempt obligations" for purposes of Section 265(b )(3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2006 will not exceed $10,000,000; and ( e) not more than $10,000,000 of obligations issued by the City during this calendar year 2006 have been designated for purposes of Section 265(b )(3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. . 26. Severability. If any section, paragraph or provision ofthis resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 19 1855568vl 27. Headings. Headings in this resolution are included for convenience of reference . only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a 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. Adopted January 17,2006. Approved: Jay L. Kimble Mayor Attest: Diane F. Ward, City Clerk . . 20 1855568vl . . STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF STILLWATER I, the undersigned, being the duly qualified and acting City Clerk of the City of Stillwater, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to considering proposals and awarding the sale of $6,400,000 General Obligation Capital Outlay Bonds, Series 2006A. WITNESS my hand on January 17, 2006. Diane F . Ward, City Clerk . . 21 1855568vl f . . . MEMORANDUM TO: Mayor and City Council. 5ltf Shawn Sanders, Assistant City Engineer FROM: DATE: January 11, 2006 RE: Feasibility Report-2006 Street Improvement Project Project 2006-2 DISCUSSION For the 2006 improvement project it is proposed to reconstruct the streets of the Forest Hills neighborhood. The streets in the neighborhood are Rainbow Court, Morningside Road, Everett Drive, Harriet Street, Harriet Drive and Orleans Street. These streets were constructed back in the 1960's to an urban section 34 feet wide but with little storm sewer. Existing storm sewer in the neighborhood consists only of catch basins at the low points of two locations, the intersection of Everett and W. Orleans and Rainbow Court. The streets now have severe alligator cracking and transverse cracking, thin pavement sections, and several significant patches due to water main breaks. According to the 2004 Pavement Study, these streets were given a rating of either poor or worst. A couple of factors have lead to the poor condition of the streets. The lack of storm sewer, which causes runoff to flow overland, has deteriorated the pavement, especially at the intersections. Also, soil borings indicate that the existing pavement thickness varies from 0.5" to 4.0" along with poor sub-base material including silty, clayey and fine alluvial soils. PROPOSED PROJECT STREET IMPROVEMENT It is proposed for this project that it be a partial reconstruction project where the existing curbs would remain and the street, sub-grade and sub-base material would all be replaced. Streets would be constructed with a full pavement section consisting of four inches of bituminous, six inches of aggregate and an average of 1.5 feet of a granular material. Storm sewer would be installed throughout the project (See enclosed map) including upgrading the existing pipes and outlet to Brick Pond from Everett Street. Estimated cost for street improvements and storm sewer improvements $1,243,047.00 STREET LIGHTS The existing street lights were probably installed back when the area developed over 40 years ago. Unlike most neighborhoods, these lights are city owned and not maintained by Xcel Energy. , It is proposed that the existing street lights be replaced with eight new lights that are approved by . Xcel Energy. A maintenance plan would be developed with the installer. Estimated cost for street light replacement $40,000.00 Sanitary Sewer City maintenance crews have provided information on the condition of the sanitary sewer mains in the project area. The information shows the main in two locations has settled and does not adequately flow. There are other locations where roots have intruded through the pipe joints. The settled pipes should be replaced at this time and would require open trenching. Root intrusion could be corrected by trenchless spot repair of the pipe. Estimated cost for sanitary sewer repair $45,000.00 W ATERMAIN This area has experience a very number of water main breaks over the years. Samples were done on the soils and they show lean clays and corrosive soils in the pipe zone area, and may be the cause of the water main breaks over the years. This information was presented to the Stillwater Water Board, along with the possibility of street project, stating if any water main improvements were to be done now is the time to consider it. At their most recent meeting, they discussed and agreed that the water main should be replaced ifthe street project were to proceed. Estimated cost to replace existing water main $295,000.00 . PROJECT COSTS AND FINANCING The total cost of the project which includes engineering, construction and administration, is as follows: Streets Storm Sewer Street Lights Sanitary Sewer Replacement Water Main Replacement $963,430.00 . $279,617.00 $40,000.00 $45,000.00 $295,000.00 Total Project Costs $1,623,047.00 It is proposed that the project be financed through assessments and ad valorem property taxes according to the City's Assessment Policy. Streets, storm sewer, sanitary sewer would be assessed to the property owner at 50% and the street lights would be assesses at 100% to the property owner. Water main costs would be funded entirely by the Stillwater Water Board. There are 79 affected properties in the project area, 78 residential lots and the Junior High School. Properties would be assessed equally on per unit basis and the Junior High would be assessed on a frontage basis. . ,. . Assessment rates for the project are as follows: Streets Street Lights Lineal foot rate for the Junior High $7585.86 per unit $516.34 per unit $67.67 per LF The assessed amount per lot amounts to $8102.20. In comparison, last years street assessment was $5892 per lot for the Fifth and Hancock area. This difference is due to a number of reasons, larger lot sizes, poor soils, installation of a new storm sewer system and anticipated higher construction costs. Council could consider eliminating the street light assessment rates by tapping into the Signs and Lighting Fund. This would reduce the assessment rate on the project to $7585.86. This project was presented to Council in 2000, but was tabled. At that time the proposed assessment rate for the project was $5660. . A summary of Project Funding is shown below: wi street light assessment $684,023.50 $644,023.50 $295,000.00 $1,623,047.00 Assessments: Direct City costs Water Board Share Total wlo street light assessment $644,023.50 $684,023.50 $295,000.00 $1,623,047.00 RECOMMENDATION Since this project is feasible from an engineering standpoint and this project is cost effective, staff recommends that Council accepts the report for the 2000 Street Reconstruction Project for the Forest Hills neighborhood and order a public hearing to be on February 21,2006 at 7:00 p.m. ACTION REQUIRED If Council wishes to proceed with the project, they should pass a motion adopting Resolution No. 2006-_, RESOLUTION RECEIVING REPORT AND CALLING HEARING ON 2006 STREET RECONSTRUCTION PROJECT, (PROJECT 2006-2) . '" RESOLUTION NO. 2006- . RESOLUTION RECEIVING REPORT AND CALLING HEARING ON 2006 STREET IMPROVEMENT PROJECT (PROJECT 2006-02) WHEREAS, pursuant to resolution of the Council adopted October 4,2005, a report has been prepared by the City Engineer with reference to the improvement of Berg ens Forest Hills Additions 1 and 2 including adjacent properties north of Orleans St between Everett and South Sixth Street; and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. The council will consider the improvement of such street improvements in accordance with the report and the assessment of abutting property for a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of$I,623,000. . 2. A public hearing shall be held on such proposed improvement on the 21st day of February 2006, at the Stillwater City Hall Council Chambers at 7:00 p.m., or as soon as possible thereafter, and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council of the City of Stillwater this 17th day of January 2006. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . 5 i 1227 I- H. w"'J1303.. . IX! Wi >' Wi .1307 1311 1315 ~ES+. ....~RLEANs4 . S-rREET ...... nnWES 815 1629 820 ':MIt::I::.I'\.RP~~Rt;l;I" ELTON n1900~ '1999' 19.Q6" ;tiJ iLLJ 2006 STREET PROJECT UTILITIES rv Project Area City of ~teL ~ E' . D ~ ""A. ngl11eenng epartment .'~'" w~ ~--E '. 0 <'tf S A Storm Sewer nj'--c r- ~_ .~REA OF bETAIL - Catch Basins T Street lights 35 1404 -1629 i i 1 1 1306 1312 1316 817 815 813 811 819 1302 1227 w 1303 w w 1307 0 V) 1311 1315 W 814 805 803 801 r 731 723 715 812 810 808 809 804 802 806 1602 805 807 806 804 808 810 812 - co 803 Z 814 Q3- 805 807 804 1604 70. 1501 N 1504 1503 710 708 706 1: 702 w 1505 w DRIVE 0 1507 1601 703 701 w 1601 1604 ( 1603 1603 1606 1605 1606, p Q 1605 802 cr CQUR i 16. Z 1609704 1612 . Z 1612 p 1607 706 08 NOkCk 820 703 1608 1610f 806 711 709 707 705 alearTimmr-iiiimr-- OR`4E _, 1607 0 co 1609 1611 1613 701 SHELTON DRIVE OUTLOT ch r` � - o M B o CD 0 ELTON DRIVE 1900 ~ r 0 1900 1901 1902 w 1903 1906114 r o M N o ^ 1p‘b W 4 [tom �EA OF DETAIL 4 MILLARD STREET 2006 STREET PROJECT ASSESSMENTS,.,.: Project Area w �;,lz- E 1 City of411" FULL L r' ASSESSMENTS J 1 R�Ia�PI" S Olt LINEAL FOOT Engineering i CORNER (HALF) 0 400 Feet ;t: . . . BOARD OF WATER COMMISSIONERS 204 North Third Street P.O. Box 242 Stillwater, MN 55082-0242 Phone: 651-439-6231 . FAX: 651-439-4061 January 11,2006 Shawn Sanders City Engineer 216 4th St N Stillwater MN 55082 Re: Water main in Forest Hills. Dear Shawn: At today's Board of Water Commissioners meeting the replacement of water main in the Forest Hills area was discussed. If this street project gets City Council approval for the spring of2006 the Water Board has agreed to replace all the water main in the entire neighborhood with PVC pipe for the estimated price of $295,000.00, which includes water main, service taps and reconnects to existing main and services. The two things I would request are that a tracing wire be laid with the plastic pipe for locating purposes and that 6" wide service saddles are used for the water main taps. If you have any questions please call me. Sincerely, ~<~ ..."..~._"._.,. ~....." Jim McKnight Manager 18430 Krypton St NW Anoka, MN 55303 Office- 763-753-8157 Fax - 763-753-7581 . City of Stillwatt:r Attention: Mr. Tim Mdore 216 North Fourth Street Stillwater, :MN 5~082 De~emlJt:J:2(); 2005 Dear Mr. MQ'ol.'e, S~tu1:e Lighting is please9 to have an opportunity to submit an ESTIMA'IE for the installation ofa streetlight system located~~~ Harriet St South, Momingside Road, Hattiet Dr, Rainbow Ct and Everett Dr. Our goal is to provide yop.~~ the necessary information to assist you in your decision making process. We are confident we can pr~" . '. with a comprehensive package that will meet all your needs. on the enclosed sketch and will consist of the following material: Option One: D 8- 100 Watt HPS Vemon fixtures with photo-controls 8 - 15' Washington style fiherglass poles 8 - screw in anchor bases 2 - ground level connection boxes 3 - disconnect boxes Conduit and wire installed by plow and directional bore All labor and miscellaneous electric material to install above and traffic control . D D D o o o Total Installation Price: Option Two: $45,250.00 including state sales tax o ,~- 100 Watt HPS Colonial fixtures with photo-controls 8 - 18' direct buried fiberglass poles .2 - ground level connection boxes 3-- disconnect boxes Conduit and wire installed by plow and directional bore All labor and miscellaneous electric material to install above and traffic control o o o o o Total19stallation Price: Opti()n. Three: $32,945.00 including state sales tax o ~-- 150 Watt HPS Cobra head fixtures with photo-controls 8,- 30' direct buried fiberglass poles 8-'- 4' mast arms 2- ground level connection boxes 3__disconnect boxes Conduit and wire installed by plow and directional bore All labor and miscellaneous electric material to install above and traffic control o o o o o o Total Installation Price: Pole Removals: Remove and dispose of the existing steel poles, fixtures and concrete bases - $675.00 each $32,725.00 including state sales tax . . Estimate Assumptiol1s; ,/ We bid the conduit installation as all plow with the exception of two road crossings which we priced as dire<.ttional bore. We.will need to re-bid this portion of the project next spring when we can see the te~ain fr~ the Q\l-~k yards in the four locations that we have to bring power out from the back yards. ,/ We did not price any liard i,)bq{tsw;fa(':e (~storationforthes~ete~n . ',..... -'- , ,...'-' .," -._, ,/ Tht:cost to install these lights ~{hlgher than expected because the electric transformers are all located in the back yards. We limited the amount of feedsto three but will have to b~g power outto the street through f01U:side yards. The average distance between lights is 345 feet which also increases the average cost perliglj.t. . Streetlight Maintenance:. ,/ We priced all11s with Xcel approved fixtures that will qualify for their fixture only maintenan?~~, .....,> > ..' i;w;rent flat rates for this type of maintenance are between $3.50 to $4.90 per light per month depending on lamp wattage and level of fixture maintenance requested. ,/ If you are interested in Wright-Hennepin Electric's Full Maintenance program which covers the full streetlight system the monthly cost per light would be $6.00 for the colonial and cobra head and $10.50 for the Vernon. We would also have to meter the 3 disconnects which will add $21.00 in basic fees from Xcel and your monthly energy bill would be approximately $9.75 for all 8 lights. So, your total basic charge and energy charge from Xcel would be $30.75 and your Full Maintenance monthly fee from WHE would be $48.00 for a grand total of $78.50 per month or $9.80 per light total. ,/ Time and Material n Signature Lighting offers an affordable time and material rate of $80.00 per hour for all service calls including locating and repairing underground faults, fixture repairs and total replacements of fixtures and poles. I hdp~ we have given you enough information to assist you in preparing a lighting budget for this project and -We will certainly re-price this project in the spring for a firm install price. If you have any questions please feel fred9contact me at (763) 753-8157 or (612) 910-4382. Sigt#lture Lighting, Inc is excited about partnering with you all your lighting needs and we appreciate this oPP<>ttunity. Sinc:~ely, Pti.q9ple Representative Signature Lighting, Inc. Wqglj.t~Hennepin Electric . Vernon Nostalgic Style The Vernon Series pleasantly blends- an old-fashioned look and classic:styling to enhance any outdoor setting. AMENNINC 0 tO Fashionable Standard The Colonial Luminaire presents an old fashion charm with the elegance of colonial styling while providing high visibility illumination and reduction in glare for safety and security in your residential area. — 111111•1•1111C__ 1 Cobrahead Customary Concept The Cobrahead is appreciated for function and form that contributes to the safety and security of well -Lit streets that is customary for your residents and business patrons. ). 1 . . . MEMORANDUM TO: Mayor and City Council Klayton Eckles, Director of Public Works k.l:: v" FROM: DATE: January 12, 2006 SUBJECT: Discussion on Engineering Staff Workloads and Possible Consultant Use for 2006 DISCUSSION The Engineering Department has been reviewing possible workloads for 2006 and it appears that it could a very busy year. Engineering staff would like City Council to provide some input in terms of how to deal with some ofthis workload. Attached, the City Council will find 65 items of unfinished business that are currently being dealt with in the Engineering Department. Each of these business items have been rated on importance, urgency and difficulty and a priority score is calculated based on these numbers. It should be noted that the lower the number the higher the priority or urgency whereas the difficulty increases with increasing numbers. Staffhas also included a copy of the semi-final version ofthe 2005 billable hours for the Engineering Department. By cross referencing the two documents, Council may get a sense of the amount of effort that may be required to complete some of the items listed under unfinished business. For instance in 2005 there were over 1800 hours dedicated towards the 2005 street improvement project. In order for the Engineering Department to complete some of these high importance unfinished business items it will likely be necessary to use consulting services. Possible projects that immediately come to mind include the MS4 Phase 2 permit, the Stormwater Management plan preparation, and possibly a large project such as the Boutwell Road Improvements. Also attached to this memorandum is a map showing possible development activity for 2006. This coming year there could be unprecedented pressure to allow new development to occur. The map shows a number of properties in red that have been approved for construction. These include the Ogren/Royal Oak Realty business site, the Liberty West site, Settlers Glen 9th Addition, and the MillbrooklPalmer site. Also staffis aware ofa great number ofprojects that are in the process of moving toward City approval. These projects include the Bruggeman site, the parcel in the NE quadrant of 12 and Manning, the McKenzielMeisterling property, 3 properties near Manning and McKusick Road, and the Carlson property at McKusick and Neal. Finally there are several properties that have discussed an intent or desire to move forward but at this time are not quite ready to proceed due to technical issues. .. These include the properties shown in blue. This would yield a total of 11 properties that . potentially could see development activities in 2006 plus 3 others that may require planning and engineering input. It would be extremely difficult for the current staffing levels of Stillwater to effectively manage such an aggressive workload. There would be concerns about providing adequate direction and oversight to ensure quality developments that would complement Stillwater. Prior to 2006, City Council had been reluctant to allow some ofthese new developments into the City due to transportation issues. The transportation issue has been dealt with at least on the extent of the financing end with the new transportation adequacy fund. The City will be realizing significant contributions from new developments, but that does not mean all of the necessary road work will be completed prior to the developments. With some of the transportation issues behind us, the City Council will likely see a renewed pressure to allow these developments to occur. Its worth pointing out that all ofthe properties highlighted in brown are outside of the City's boundaries until 2015 unless the City elects to allow these properties to come in early. Therefore, it would not be unreasonable for the City Council to provide direction in terms of how these properties could develop in an orderly approach with some spreading out of the development activity. Another alternative or approach would be to use outside consultants to provide engineering and oversight on some of this development activity. Its important to note that each development requires a significant amount of up front engineering planning and review that would most likely be less than adequate if provided by an outside consultant. Even if some . of the field work and plan review were completed using consultants, a significant amount of work is still necessary on part of the City staff. RECOMMENDATION Staff recommends that Council review the attached information and consider staggering developments as they come into the City by providing a limit on the amount of development in a given year. 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'00 ~ ,- ,- ~ 0,) :J ~ ~ ~ 0,) 0,) :J U 0:: ~ m -a j ro 0 ~ ~~jg~j'~~~~~~~~~~~~~OlI~~ C~~~.9~O,)o:JUOa.a.~~ro.9=~~~~O ::::lO~u)u)~O::OCO~O~~o..I-UJu)UJ~~u)I-O e .ENGINEERING DEPARTMENT BILLABLE HOURS 2005 Total Total Account Engineering Fund Project Name Hours Code Expense Totals ADMINISTRATION PROJECTS Secretary 49.5 2472.53 2472.53 PUBLIC WORKS/PARKS Secretary 912 46922.40 46922.40 PLANNING/BUILDING Secretary 280 14406.00 14406.00 PUBLIC SAFETY Technician III 23.5 1424.10 1424.10 03-04 STILLWATER BRIDGE Asst. City Engineer 2 165.80 217.25 Secretary 1 51.45 96.09A BROWNS CREEK-WATER MTE (06-16) Engineer 19 1929.07 2292.67 Technician III 6 363.60 .7-12 GIS Technician III 204 12362.40 12362.40 96-32A GRADING ESCROWS Asst. City Engineer 17 1409.30 12287.00 Technician III 179.5 10877.70 PARKS PROJECTS Technician IV 0 0.00 909.00 Technician III 15 909.00 00-10 PAVEMENT MANAGEMENT STUDY PLANNING PROJECTS Technician III 8 484.80 484.80 PUBLIC WORKS (MINOR) PROJECTS Technician IV 7 478.80 478.80 04-06 SEALCOATING (05-06) 451-4455-3030-0000 Technician IV 35 2394.00 10529.25 Technician III 130 7878.00 Secretary 5 257.25 .5-01 STATE AID (MSA) Technician III 83 5029.80 5029.80 01-25 UTILITY IN SERVICE PERMITS 705-4705-3030-0000 Technician IV 0 0.00 10558.05 Technician III 153 9271.80 Secretary 25 1286,25 120374.05. TOTAL MISCELLANEOUS 97-41H CPDC LIBERTY 8TH WOODLANDS 100-4090-3807-0000 Technician III 1 60.60 214.95 Secretary 3 154.35 01-17 LIBERTY RETAIL 100-4090.3807.0000 Asst City Engineer 17 1409.30 2522.95 Engineer 5 507.65 Technician IV 10 606.00 TOTAL FUND 100 2737.90 05-13 LIBERTY WEST 451-4457-3030-0000 Engineer 0 0.00 331.60 Asst City Engineer 4 331.60 Technician IV 0 0.00 Technician III 0 0.00 Secretary 0 0.00 03.21 SHOEBERG LONG LK VIEW ESTATES 451.4453-3030-0000 Engineer 98 9949.94 10010.54 Technician III 1 60.60 02-10 LILY LAKE - PHASE II 451-4454.3030.0000 . Engineer 2 203.06 203.06 02-10A LILY LAKE - PHASE III 451-4454-3030.0000 Engineer 5 507.65 507.65 00-15 LI 350 NORTH HILL SEWER PROJECT 451-4457.3030.0000 Engineer 76 7716.28 16654.48 Asst City Engineer 39 3233.10 Technician IV 21.5 1470.60 Technician III 49.5 2999.70 Secretary 24 1234.80 Intern 56 00-15A LI 350 NORTH HILL SEWER PROJECT Asst City Engineer 0 0.00 12825.00 Technician IV 187.5 12825.00 00-15C LI 350 NORTH HILL SEWER PROJECT Asst City Engineer 0 0.00 24453.00 Technician IV 357.5 24453.00 03-02 LI 358 2003 STREETS 451-4458.3030.0000 Asst City Engineer 2 165.80 4459.25 Technician III 70 4242.00 Secretary 1 51.45 . 05-05 BOUTWELL ROAD (00-08,00-17) 451-4462-3030-0000 Engineer 138 14011.14 137488.54 . Asst City Engineer 587.5 48703.75 Technician IV 229 15663.60 Technician III 944 57206.40 Secretary 37 1903.65 03-14 PINE STREET REHAB/STATE AID 451-4464.3030-0000 Engineer 55 5584.15 54088.75 Asst City Engineer 129 10694.10 Technician IV 333 22777.20 Technician III 226 13695.60 Secretary 26 1337.70 03-09 CURVE CREST SIDEWALKlTRAILS (98-13) 451-4465.3030-0000 Asst City Engineer 0 0.00 1772.55 Technician IV 7 478.80 Technician III 20.5 1242.30 Secretary 1 51.45 05-02 2005 STREET IMPROVEMENTS 451-4468-3030-0000 Engineer 137 13909.61 124701.89 Asst City Engineer 238 19730.20 Technician IV 407.5 27873.00 Technician III 999 60539.40 Secretary 51.5 2649.68 .6-02 2006 STREET IMPROVEMENTS 4514492-3030.0000 Engineer 13 1319.89 12201.22 Asst City Engineer 40 3316.00 Technician IV 11 752.40 Technician III 112 6787.20 . Secretary 0.5 25.73 Intern 36 00-12 SETTLER'S GLEN 451.4472-3030.0000 Engineer 48 4873.44 15311.52 Asst City Engineer 4 331.60 Technician IV 115 7866.00 Technician III 34 2060.40 Secretary 3.5 180.08 05-10 MEADOWVIEW RIDGE 451-4459-3030-0000 Engineer 0 0.00 829.00 Asst City Engineer 10 829.00 Technician IV 0 0.00 Technician III 0 0.00 Secretary 0 0.00 03-20 LEVEE WALL-STAGE 3 451-4475-3030-0000 Engineer 24 2436.72 2436.72 .-09 JENNINGS BANK 4514479-3030-0000 Asst City Engineer 0 0.00 205.20 Technician IV 3 205.20 01-19 CARNELIAN SUBDIVISION 451-4487-3030-0000 . Technician III 1.5 90.90 90.90 96-26F AUAR MCKUSICK RAVINE/LONG LAKE 451-4488-3030.0000 Engineer 70 7107.10 8033.20 03-15 Secretary 18 926.10 03-05 PARKWOOD VILLAS 451-4489-3030-0000 Asst City Engineer 10 829.00 1034.20 Technician IV 3 205.20 03-17 PALMER PROPERTY 451-4467.3030.0000 Engineer 84 8528.52 21045.32 Asst City Engineer 53 4393.70 Technician IV 26 1778.40 Technician III 103 6241.80 Secretary 2 102.90 TOTAL FUND 451 448351.98 99-08 NOLDE/LONG LAKE VILLAS 468-4469.3030-0000 Asst City Engineer 12 994.80 1200.00 Technician IV 3 205.20 TOTAL FUND 468 1200.00 03-08 TERRA SPRINGS/PRISON SITE (97-37) 470-4472-3030-0000 Engineer 38 3858.14 10534.79 . Asst City Engineer 0 0.00 Technician IV 88 6019.20 Technician III 10 606.00 Secretary 1 51.45 04-08 STILLWATER MILLS ON MAIN 470-4473-3030.0000 Engineer 54 5482.62 8278.32 Asst City Engineer 0 0.00 Technician IV 36 2462.40 Technician III 5.5 333.30 TOTAL FUND 470 18813.11 04.05 SOUTH MAIN PARKING IMPROVEMENT 720-4720-5200.0000 Engineer 11 1116.83 4962.01 Technician IV 48 3283.20 Technician III 8 484.80 Secretary 1.5 77.18 TOTAL FUND 720 4962.01 05-04 MINOR PROJECTS, 2005 Asst City Engineer 44 3647.60 8933.15 Technician IV 13 889.20 Technician III 70 4242.00 Secretary 3 154.35 05-03 TEADY BEAR PARK . Engineer 39 3959.67 8884.47 Asst City Engineer 0 0.00 .2-19 Technician IV 72 4924.80 LOFTS OF STILLWATER Technician IV 7 478.80 478.80 CLINIC POND STORM PROJECT Engineer 49 4974.97 9368.67 Asst City Engineer 53 4393.70 STILLWATER CLINIC Technician III 3 181.80 181.80 MARKETPLACE Asst City Engineer 14 1160.60 1160.60 05-09 LIBRARY EXPANSION Asst City Engineer 17 1409.30 3615.65 Technician IV 30 2052.00 Secretary 3 154.35 02-20 LAKE WATER QUALITY REPORT Secretary 14 720.30 720.30 TOTAL 33343.44 . TOTAL PROJECT HOURS 9322 473,327.09 BILLABLE 100-3575-0100 CREDIT 473,327.09 153717.49 MISC 2737.90 GEN FUND 629782.48 TOTAL . N A11N38MIN NN LS 41[4 S 'ao 3XV3 �. 33n1 Id 4Z..t .. J ¢, VWVNVd N 3AV N3H0 0---7 at � ¢ wU 0 3AV NU31S3MHLN0 LAND 1,-.0000 -I�bt ... ... ...;, . . . illwater -- ~ THE BIRTHPLACE OF MINNESOTA ~ ~~, January 12,2006 To: Owens and Myrtle Area Residents Subject: Traffic Issues Surrounding the Owens and Myrtle Street Area Dear Resident: As you may have heard Washington County has put the Owens and Myrtle Street Intersection on its list of possible candidates for a new traffic signal. The City of Stillwater has been in discussions with Washington County and we wish to provide you with the current status of this discussion. At the present time, no decisions have been made. The intersection is simply on a list of possible candidates for signalization. The City of Stillwater has not indicated support for a signal at this intersection, but the City of Stillwater has indicated a need to study this entire area. The addition of a signal would both solve some problems and possibly create others therefore careful study would be needed. Prior to making any decision on the actual installation ora signal, a number of steps would be taken. First a traffic engineer would study all the trafficissues in the area and generate a report. Issues to be considered include: delays, speeding, cut thru traffic, accidents, pedestrian safety and traffic noise. The results of the study would be presented to the neighborhood in the area and the City would gather neighborhood input. Based on the results of the study and the input from the neighborhood, afinal determination would be made on the feasibility and appropriateness of a signal at this intersection. The process just described has not been started yet. It will take several months to complete such a process once it's started. We anticipate initial discussions with Washington County staff sometime in the next couple of months. Likely a study would be completed over the course of the summer and the results shared with the residents in the area at the later halfofthe summer. In the future we Will notify you of any neighborhood meetings or public hearings or other discussions on this topic and we hope you will participate and provide your input. Hopefully this letter provides you with some clarification concerning the process involved with studying the Owens and Myrtle intersection and surrounding area. In the future we Will provide you With additional updates as progress is made on this topic. In the meantime we appreciate your patience in the matter of traffic issues in the neighborhoods surrounding Owens and Myrtle. Since~, Klayton Eckl s Director of Public Works CITY HALl: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 ":'" . Lumberjack Days Advisory Committee January l8, 2006 4:30 p.m. Water Street Inn Agenda I. Call to Order. 2. Approval of Minutes. 3. Introduction of New Members of the Advisory Committee. 4. Discussion on Location of Family Events. 5. Discussion on Music Genre. 6. Other Business. 7. Adjournment. . . Lumberjack Days Advisory Committee October 26, 2005 Minutes Members Present: Ken Harycki; Larry Dauffenbach; Rob Mc Garry; Janel Belz; Jim Gorder; Roberta Opheim; Dave Eckberg and Randy Gutzmann Members Absent: Brent Peterson; Joci Tilsen; Mike Lund and Pete Flock Dave Eckberg acting as Chairman called the meeting to order. General discussion of Lumberjack Days '05 by those present indicated that the cutbacks in the 2005 festival accomplished the goals set out. Dave Eckberg distributed a letter from Chris Murphy, Public Affairs Director of Cub Foods, outlining suggestions he and Cub corporate had for the advisory committee to consider for Lumberjack Days 2006. After discussion the following positions were adopted. Motion by Ken Harycki; seconded by Jim Gorder that Sunday activities in Lowell Park be returned to the schedule in 2006. This would include moving "Thunder in the Valley" fireworks back to its traditional Sunday night slot and having it follow a Sunday night concert. It is further recommended that no alcohol be served on Sunday and the concept of a "community" ice cream social be explored. Motion carried unanimously. Motion by Roberta Opheim; seconded by Jim Gorder that hours of operation in Lowell Park be extended to II :00 p.m. each evening versus 10:00 p.m. that was used in 2005. Motion carried unanimously. Discussion on the use of the south portion of Lowell Park for family events was tabled until the next advisory meeting. Larry Dauffenbach and Dave Eckberg will meet prior to the next advisory meeting to review that concept. Motion by Jim Gorder; seconded by Rob Mc Garry to adjourn the meeting. Motion carried unanimously. .,-" .. 1. . . . . ':W ~., . . . Lumberjack Days Advisory Committee Roster Ken Harycki 2004 Hazel Court Stillwater, Minnesota 55082 C. P. A. Stillwater City Councilperson Appointed by the City of Stillwater Larry Dauffenbach City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082 Police Chief City of Stillwater Appointed by the City of Stillwater Rob Mc Garry Mc Garry Insurance Agency 243 South Main Street Stillwater, Minnesota 55082 City of Stillwater Park and Recreation Board Appointed by the Stillwater Park Board Michael Johnson Riverside Mortgage 8681 Eagle Point Boulevard Lake Elmo, Minnesota 55042 Greater Stillwater Chamber of Commerce Appointed by the Greater Stillwater Chamber of Commerce Brent Peterson Director, Washington County Historical Society P. O. Box 167 Stillwater, Minnesota 55082 Appointed by the Washington County Historical Society Bob Procaccini Owner, April Showers 120 North Main Street Stillwater, Minnesota 55082 Appointed by the Downtown Historic District Committee \...,-' ~c-.. Mike Lund 1312 South Second Street Stillwater, Minnesota 55082 Stillwater Citizen at Large Appointed by the City of Stillwater . Jim Gorder 602 West Churchill Street Stillwater, Minnesota 55082 President, Valley Agencies Stillwater Citizen at Large Appointed by the Lumberjack Days Festival Association Pete Flock Andersen Windows 100 Fourth Avenue North Bayport, Minnesota 55003 Representing Local Non Profits Appointed by the Lumberjack Days Festival Association Roberta Opheim 2650 Skyview Court Stillwater, Minnesota 55082' Ombudsmen, State of Minnesota Representing Lumberjack Days Board of Directors Appointed by the Lumberjack Days Festival Association . Dave Eckberg President, St. Croix Events Coordinator Lumberjack Days Appointed by the City of Stillwater Randy Gutzmann Coordinator Lumberjack Days Appointed by the City of Stillwater . . . . ~~SE~V~ AMERICA Explore and Enjoy Our Heritage January 5, 2006 The Honorable Jay Kimble Mayor of Stillwater 216 North Fourth Street Stillwater, MN 55082 SUBJECT: Preserve America Community Sign Dear Mayor Kimble: Congratulations once again on Stillwater's designation as a Preserve America Community! Under separate cover, you shortly will be receiving a Preserve America Community sign for placing in a prominent location within or entering your community. These signs are being produced and distributed with the assistance ofthe USDA Forest Service. The Federal Highway Administration, U.S. Department of Transportation, has prepared the following guidance for appropriate placement of the signs along transportation corridors: · Preserve America Communities signs shall not replace or block any regulatory, warning, or existing guide signs. · Signs should be placed at least 200 feet from regulatory, warning or existing guide signs so that they do not interfere with driver recognition of speed limits, directions to destinations, or dangerous conditions. · Signs shall not be placed at a critical decision point, such as exit and entrance ramps, roadway intersections or highway-rail grade crossings. · If signs are placed in work zones they should not block or be too close to other traffic control devices where driver inattention could cause unsafe driving maneuvers. In addition, because of the nature of work zones, work zone signs can move from one location to another. The placement of the work zone signs and other traffic control devices have priority. Therefore, any Preserve America Community sign shall be covered or removed when it interferes with the placement of or blocks a work zone sign. Please follow these guidelines in determining where to erect signs. If you wish to produce or purchase additional signs at your own expense, you have two options. You can contact the sign manufacturer who sent you your sign (list attached), and request information on obtaining additional signs. If you prefer, you may contact the U.S. Forest Service regional sign coordinators (list attached) to obtain the sign specifications and use the specifications with the Preserve America logo (on the CD-ROM that was sent to you with your Community designation packet) to make your own sign production arrangements. ADVISORY COUNCIL ON HISTORIC PRESERVATION 1100 Pennsylvania Avenue NW, Suite 809. Washington, DC 20004 Phone: 202.606.8503 . Fax: 202.606-8647 . www.PreserveAmerica.gov On behalf of the White House and all of the partners working on the Preserve America initiative, thank . you for your interest and involvement. We also wish to gratefully acknowledge the assistance of the Departments of Agriculture and Transportation in this effort. Should you have any other questions, please feel free to contact Ron Anzalone, Director, Office of Preservation Initiatives, at (202) 606-8523. Sincerely, rY/r;-~ John L. Nau, III Chairman Enclosures . . . Preserve America Communities Sign Manufacturer's Listing Updated October 4, 2004 P&M Signs, Inc Attn: Phil Archuleta 202 E. Broadway, PO Box 567 Mountainaire, NM 87036 Phone: (505) 847-2850, (866) 767-4461MST Fax: (505)847-0007 Shenango Screenprinting Inc. Attn: Gene O'Meara 6120 East Commerce Loop Post Falls, Idaho 83854 (208) 667-1406 PST Fax (208) 667-0389 . .... . National Rosslyn, Virginia John Bell 703-605-4612 Northern Reeion (Reeion 1) (MT, ND, Northern ID) Donna Sheehy 406-329-3312 Rockv Mountain Reeion (Rel!ion 2) (CO, KS, NE, SD, WY) Donna Sheehy 406-329-3312 SouthwestReeion (Reeion 3) (AZ, NM) Marjorie Apodaca 505-842-3852 Intermoutain Reeion (Reeion 4) (NY, UT, Southern ID) Bob Powell 801-625-5222 Pacific Southwest Reeion (Reeion 5) (CA, HI) Bill Fodge 707-562-8877 USDA Forest Service Sign Coordinators December 2, 2005 . Pacific Northwest Reeion (Reeion 6) (OR, WA) Mike Tippie 503-808-2099 Southern Reeion (Reeion 8) (AL, AR, FL, GA, KY, LA, MS, NC, OK, SC, TN, TX, VA) Jim Kozik 404-347-2470 Eastern Reeion (Re~ion 9) (CT, DE, lA, IL, IN, MA, MD, ME, MI, MN, MO, NH, NJ, NY, OH, PA, RI, VT, WI, WV) Kristine (Kris) Smith 414-297-1170 Alaska Reeion (Reeion 10) (AK) Mary Miller 907-586-7958 . . . . . STILLWATER FU5L1C L15RARY 22:7 N. Fourth St., Stillwater MN 55082-4806 651.+:79.1675 FAX 651.+:79.0012 Board of Trustees Meeting Agenda Tuesday, January 10,2006, 7:00 P.M. 1. Call to Order & Introductions 2. Adoption of the Agenda 3. Communications and Public Commentary 4. Consent Calendar A. Adoption of Minutes+ B. Payment of Bills C. Monthly Activity Report* D. Other Activity Reports+ E. Web Site Usage Report F. Director and Other Staff Reports+ G. Financial Report+ H. Policy Review - No policy this month A+ I A 5. Building Expansion A. Progress Report B. Work Authorizations I 1+ 6. Fundraising Campaign A. Campaign Events B. Report of Other Progress to Date C. Board Fundraising Targets & Pledges I I I 7.2005 SPL / WCL Payments - Preliminary Report 1+ 8. Ratify 2006 Insurance Rates A+ 9. Approved 2006 Operating Budget 1+ 10. Other 11. Adjournment If you are unable to attend this meeting, please leave a message for Ann (ext. 17) before 5 P.M. on Monday, January 9, 2006. A=Action Item I=Information Item D=Discussion Item += Document in Packet *= Document to be Distributed at Meeting #=Document Previously Distributed Agenda Item 4.A. STILLWATER PUBLIC LIBRARY 223 N. FOURTH ST. STILL WATER, MN 55082-4806 651439-1675 FAX 651439-0012 . Board of Trustees Meeting Minutes Tuesday, December 13,2005 Present: Bill Fredell, Dick Huelsmann, Ruth Ranum, ML Rice, Julia Sandstrom, Brian Simonet, Mary Weber Absent: Bill Hickey, Andrea Tipple Staff Present: Lynne Bertalmio 1. Call to Order Vice-president Fredell called the meeting to order at 7 :07 pm in the temporary library facility at Valley Ridge Mall, 1305 Frontage Road West. 2. Adoption of the Agenda The order of the agenda was adopted. Rice/Ranum 3. Communications and Public Commentary Director Bertalmio shared a suggestion and a note of thanks along with the MLA legislative platform. 4. Consent Calendar Payment of Bills was removed from the Consent Calendar. The . Consent Calendar was then approved. Ranum/W eber Payment of Bills The Board approved a motion to approve payment of the construction bill (in the amount of $477,412.05), but not release the payment until the library receives scope of authorization 6. Huelsmann! Weber Motion by Huelsmann, second by Ranum to approve payment of regular bills, including the construction bill, in the amount of $502,011.39. Motion approved. 5. Building Expansion A. Progress Report Trustee Huelsmann reported on progress. On December 6th, the City Council toured the site and was presented with a status report. A similar report was shared at a joint meeting of the Fundraising Committee and the Building Expansion Advisory Committee. The Board viewed flooring and upholstery samples. B. Work Authorizations An update on work authorizations was shared. 6. Fundraising Campaign A. Campaign Events Trustee Simonet will work to secure an August date for the 2006 golf tournament. B. Report of Other Progress to Date Key donors have been approached with the status update and additional contributions are being sought. C. Pursuing Board Fundraising Targets Board members are reminded of their own pledges and to keep encouraging the contacts that have been identified. The campaign _ is still open. . . . Minutes ] 2/3/05 page 2 7. SPL/WCL Contract Motion by Huelsmann, second by to authorize the President of the Stillwater Library Board to sign the 2006 contract with the Washington County Library. Payments The Board passed a resolution requesting the Stillwater City Council to keep the $2],000 waived fee from Washington County in the Stillwater Public Library 2006 budget for purchase of a special collection for the Library grand opening. Alternately, if the City prefers, the Stillwater Public Library Board requests that the benefit of this waiver be transferred to the Library's 2006 capital budget. Huelsmann! Weber 8. Ratification of 2006 Wages Weber/Rice The Board ratified the 2006 staff wages. 9. Photographer's Contract The Board voted to authorize Director Bertalmio to enter into a contract for pro bono photography with Nick Gorski. WeberIRice 10. Other Payment correspondence with Miller Dunwiddie. The Board approved a motion to direct President Hickey to pursue discussion on this matter and to forward documentation to the City Attorney. Huelsmann/Simonet ] 1. Adjournment The meeting adjourned at 8:40. STILLWATER TOWNSHIP January 13, 2006 Chair: Johnson Agenda: Adopt Minutes: Approve Minutes: Regular Town Board Meeting December 8, 2005 Treasurer: 1. Report, if any 2. Claims And Checks 3. Escrow Update 4. Valley Green Bid For Trail Work 5. Approve Kathy Nelson Typing For Chief Of Police 6. TKDA Billing Rate Change Attorney: 1. Annexation-Greeley Street/Hgwy 36 Planner: 1. Keenan Minar Subd. 2. Bluffs Of St. Croix 3. Victory Pass Status Report 4. Proposed Zoning Change - Open Space Development Engineer: 1. People Portion: 1. Chief Of Police Report Clerk: 1. Update Dinner Reservations Committees: 1. Park Committee 2. Planning Commission Old Business: 1. Newsletter Applicants New Business: 1. Adjourn: . . . 1/9/2006 Pat Bantli Diane Ward . From: Sent: To: Subject: Pat Raddatz [Pat.Raddatz@co.washington.mn.us) Thursday, January 12, 2006 11:43 AM Pat Raddatz Washington County Agenda. 1/17/06 Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County Board Agenda January 17,2006 - 9:00 a.m. 1. 9:00 - Roll Call Pledge of Allegiance 2. 9:00 - Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the _County Board secretary or the County Administrator. The County Board Chair will ask you to come o the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. 3. 9:10 - Consent Calendar 4. 9: 1 0 - Transportation and Physical Development * Don Theisen, Director A. Advertise for Bids for Construction of the South Service Center in Cottage Grove B. County State Aid Highway 16 and 1-494 Construction Agreement 5. 9:35 - Public Health and Environment * Judy Hunter, Senior Program Manager Letter of Understanding with Rock-Tenn 6. 9:45 - Community Services * Mary Farmer-Kubler, Supervisor Memorandum of Agreement with Twin Cities Metro Counties * Supportive Housing Initiative .7. 9:50 - General Administration * Jim Schug, Administrator 8. 10:00 - Commissioner Reports * Comments - Questions 1 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 for a future board meeting. 9. Board Correspondence 10.10:15 - Adjourn 11. 10:20 to 10:50 - Board Workshop with Assessment, Taxpayer Services and Elections Discuss Options and Cost Implications Related to HAVA Voting Equipment *********************************************************************************** Meeting Notices Reminder: No Board Meeting on January 31 * 5th Tuesday January 17 - Housing and Redevelopment Authority Board 3:30 p.m., 1584 Hadley Avenue North * Oakdale January 18 - Workforce Investment Board 8:30 a.m., 2150 Radio Drive * Woodbury January 18 - Plat Commission 9:30 a.m., Washington County Government Center . January 18 - Metro Transportation Advisory Board 2:00 p.m., 230 East 5th St., Mears Park Centre-St. Paul January 19 - MICA Annual Meeting 4:30 p.m., Mankato Country Inn and Suites * Mankato January 19 - Minnesota Extension 5:00 p.m., Washington County Government Center January 19 - Parks and Open Space Commission 7:00 p.m., Washington County Government Center *********************************************************************************** Washington County Board of Commissioners Consent Calendar * January 17, 2006 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. The following items are presented for Board approval/adoption: Administration . A. Approval of the January 3, 2006 Board meeting minutes. 2 B. Approval to appoint Marie Lindbeck to the Workforce Investment Board as a Small Business Representative to a first term expiring June 30, 2007. . Community Services C. Approval of the 2006 FamilyMeans contract for respite care services. D. Approval of the 2006-2008 agreement with Woodbury Villa, Inc. to provide assisted living plus services in the county. E. Approval of agreement with Willow Haven to provide intensive residential treatment services and residential crisis stabilization services for uninsured individuals. F. Approval of the 2006-2008 contract with Woodbury Personal Assisted Living (PAL) Unit to provide assisted living plus services to eligible county residents. G. Approval of the agreement with the State of Minnesota Department of Employment and Economic Development and Washington County Workforce Investment Board and Washington County. H. Approval of the master contract for administering dislocated worker program services between the City of Minneapolis and Washington County Workforce Center. Financial Services I. Approval of contract with the Association of Minnesota Counties for the purpose of performing the .annual indirect cost allocation which results in reimbursements to the county from the Minnesota Department of Human Services. Human Resources J. Approval of resolution delegating settlement authority to the County Administrator and/or designee and the Human Resources Director an/or designee and adopting an amended version of County Policy No. 5434. K. Approval to authorize an increase of a .05 FTE, Early Intervention Service Coordinator, from. 75 FTE to .80 FTE in the Department of Public Health and Environment. Information Technology L. Approval of amendment #2 as it relates to contract #3079 with Jeane Thorne, Inc. and to approve the required increase in total contract dollars for those temporary staffing services. Public Health and Environment M. Approval of the Volunteer Management Services project agreement with the Community Volunteer Service and Senior Centers and authorization for the County Board Chair and County Administrator to enter into the agreement. .heriff'S Office N. Approval of resolution, reject all bids received for the mobile data communications network upgrade project and allow for the project to be re-bid at a later date. 3 Transportation and Physical Development O. Approval of resolution, authorizing the Historic Courthouse to accept a grant from the Hubbard . Broadcasting Foundation for restoration/repairs. P. Approval and execution of amendment #1 to cooperative construction agreement with the City of Woodbury for signal construction on CSAH 19 (Woodbury Drive) and Lake Road. Q. Approval of resolution, final payment to Pro-Tec Design in the amount of $15,073.29 for the CCTV project at the Law Enforcement Center. Pat Raddatz, Administrative1\ssistant Washington County Phone: (651) 430-6014 e-mail: pat.raddatz@co.washington.mn.us . . 4 Diane Ward . From: Sent: To: Subject: Pat Raddatz [Pat.Raddatz@co.washington.mn.us] Thursday, January 05,200612:03 PM Pat Raddatz Washington County Board Agenda - 1/10/06 Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County Board Agenda January 10, 2006 - 9:00 a.m. 1. 9:00 - Roll Call Pledge of Allegiance 2. 9:00 - Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the .county Board secretary or the County Administrator. The County Board Chair will ask you to come o the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. 3. 9: 10 - Consent Calendar 4. 9:10 - Public Hearing * Office of Administration * Molly O'Rourke, Deputy Administrator 2006-2010 Capital Improvement Plan 5. 9:25 - Assessment, Taxpayer Services and Elections * Kevin Corbid, Director Set Public Hearing on the Local Equipment Plan 6. 9:35 - General Administration * Jim Schug, County Administrator 7. 9:45 - 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 .ction is not intended to result in substantive board action during this time. Any action necessary ecause of discussion will be scheduled for a future board meeting. 8. Board Correspondence 1 9. 10:05 - Adjourn *********************************************************************************** . Meeting Notices Reminder: No Board Meeting on January 31 * 5th Tuesday January 10 - Interview Applicantfor HRA Board 8:30 a.m., Washington County Government Center January 10- Mental Health Advisory Council 4:00 p.m., Washington County Government Center January 11 - Red Rock Corridor Commission 10:15 a.m., 2099 University Avenue West * St. Paul January 11 - Metro Emergency Services Board 10:30 a.m., 2099 University Avenue West * St. Paul January 11 * MELSA 12:00 p.m., 1619 Dayton Avenue * St. Paul January 12 - Community Services Advisory 7:30 a.m., Washington County Government Center *********************************************************************************** Washington County Board of Commissioners Consent Calendar * January 10, 2006 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. The following items are presented for Board approval/adoption: Administration A. Approval of the December 20, 2005 Board meeting minutes. B. Approval of the operations grant to the Washington County Agricultural Society for 2006. Assessment, Taxpayer Services and Elections C. Approval of resolution, new premises permit application for Forest Lake Athletic Association. Community Services D. Approval of a rate increase for halfway house chemical health services provided by Kinnic Falls Alcohol-Drug Services, Inc. E. Approval of a rate increase for chemical health services provided by Burkwood, Inc. . F. Approval of a rate increase for chemical dependency treatment services provided by Haven Chemical Health Systems, LLC in Woodbury and Scandia. 2 Human Resources G. Approval to ratify the 2005 * 2007 bargaining unit agreement with the Attorney's Association. · Public Health and Environment H. Approval to renew an agreement with the City of Afton to provide operation and maintenance services to the 201 Collector Systems. I. Approval of and authorization for the Board Chair and County Administrator to enter into a Joint Powers Agreement related to Homeland Security and Emergency Management programs and services; and, designation of Deb Paige, Emergency Services Manager as county representative to the Committee. Pat Raddatz, Administrative Assistant Washington County Phone: (651) 430-6014 e-mail: pat.raddatz@co.washington.mn.us . . 3 J'?~~~~ . MEDIA ADVISORY FOR IMMEDIATE RELEASE BEGIN RUNNING: IMMEDIATELY What: An Afternoon of Art Fund Raiser for ArtReach Alliance When: Saturday, Feb 4 Where: ArtReach Alliance Chartered Motorcoach tour Contact: Jammi Hansen Blair, Executive Director 651-439-1465, cell 651-238-2519 An Afternoon of Art A fundraiser for ArtReach Alliance ArtReach Alliance is excited to announce An Afternoon of Art, a fundraiser to support its programs and activities. Join us on Sunday, Feb, 4 beginning at lOam at the Historic Courthouse. We will take a chartered motorcoach for a guided tour of the Walker and Weisman Art Museums. Save parking fees, save the hassle of driving into Minneapolis, bring a friend and . enjoy a full day of art! Celebrate the opening of the new Walker Art Museum in Minneapolis. With its year-long remodel completed, the entire building will showcase the permanent collection. Our private guided tour will feature the new series of exhibitions. These installations will provide a thorough examination of the Walker's holdings as well as highlight those artists and artistic movements that have been the focus of the Walker's collecting practice. Join us for a guided tour of The Frederick R. Weisman Art Museum at the University of Minnesota. The HOME House Project features award-winning architectural designs for affordable single-family homes from a competition organized by the Southeastern Center for Contemporary Art in Winston-Salem, North Carolina. The exhibition showcases one hundred innovative design approaches that use sustainable materials, technologies, and methods. Local affordable housing efforts are highlighted in drawings, scale models, and building sections. Bus will leave the Historic Courthouse promptly at 10 am and return by 4 pm. The cost is $45 for non-members ($15 is tax deductible), $40 for ArtReach members ($10 is tax deductible). There is limited space so sign up early! ArtReach Alliance is a non-profit organization whose mission is to promote, support and enhance art activities in the greater Stillwater area. To reserve your space call. ArtReach 651.439.1465 or visit our website at www.artreachalliance.org, visa and mastercard are accepted! . Summary of Proceedings Washington County Board of Commissioners January 3, 2006 Present were Commissioners Bill Pulkrabek, District 2; Gary Kriesel, District 3; Myra Peterson, District 4; and Dick Stafford, District 5. Commissioner Dennis C. Hegberg, District 1 absent. Board Chair Pulkrabek presided. Assessment, Taxpayer Services and Elections Approval of a one day temporary liquor license for the New Scandia Fire and Rescue event at the New Scandia Community Center on February 25,2006. Board Chair and Vice Chair for 2006 Commissioner Pulkrabek was elected Board Chair and Commissioner Kriesel was elected Vice Chair for 2006. Commissioner Reports - Comments - Questions . The Commissioners reported on the following items: Commissioner Peterson announced that the Stone Soup Thrift Store has opened on January 2 in the old Park High School; Commissioner Pulkrabek acknowledged Senator Brian LeClair's presence at the Board meeting today. General Administration . Approval ofthe following actions: 2006 Board meetings set for the first four Tuesdays of each month (excluding any Tuesday which is a legal holiday) at 9:00 a.m. The Chair can call an evening meeting when necessary; Resolution No. 2006-001, award of2006 newspaper publication bids; 2006 citizen appointmentslreappointments to advisory committees as follows: District 1 - Lloyd Knudson, Community Corrections Advisory Board; Mary Hauser, Public Health Emergency Preparedness Advisory Committee; District 2 - Todd Bruehl, Community Corrections Advisory Board; Rosemary Armstrong, Community Development Block Grant Citizens Advisory Committee; Manley Ellertson, Historic Courthouse Advisory Council; Anthony Schwartz, Housing and Redevelopment Authority Board; Paul Ryberg, Library Board; Elizabeth Semotink, Mental Health Advisory Council; Kenneth Heuer, Parks and Open Space Commission; Joseph Rheinberger, Public Health Emergency Preparedness Advisory Committee; District 3 - Richard Gustafson, Community Corrections Advisory Board; Richard Glasgow, Community Services Advisory Committee; Howard Albertson, Historic Courthouse Advisory Council; Karen Rheinberger, Parks & Open Space Commission; Brian C. Krafthefer, Public Health Emergency Preparedness Advisory Committee; District 4 - Herbert Japs, Community Services Advisory Committee; Sheila Colbert, Historic Courthouse Advisory Council; Aaron Rolloff, Historic Courthouse Advisory Council; Steven Alfveby, Library Board; Dana Pollard, Mental Health Advisory Council; Paul Poncin, Parks & Open Space Commission; Robert Mann, Planning Advisory Commission; Sheila Colbert, Public Health Emergency Preparedness Advisory Committee; District 5 - Robert Andrews, Community Development Block Grant Citizens Advisory Committee; Greg Orth, Community Services Advisory Committee; Jean Brown, Historic Courthouse Advisory Council; Barry Johnson, Housing and Redevelopment Authority Board; Michael Vogel, Planning Advisory Commission; Bruce Stafford, Public Health Emergency Preparedness Advisory Committee; At Large - Dennis Hanna, Audit Committee; Harry Melander, Board of Adjustment & Appeals; Robert Mann, Board of Adjustment & Appeals; Jeffrey Feist, Private Sector Representative, Community Development Block Grant Citizens Advisory Committee; Susan Kainz, Private Sector Representative, Community Development Block Grant Citizens Advisory Committee; Ronald Mazurowski, Non-profit Representative, Community Development Block Grant Citizens Advisory Committee; Dennis C. Hegberg, Housing and Redevelopment Authority Board; Myron Tank, Minnesota Extension Committee; Duane Elvin, Personnel Board of Appeals; Tamara Fast, Planning Advisory Commission; Charles Newman, Planning Advisory Commission; Dr. Charles Bransford, Physician Member, Public Health Emergency Preparedness Advisory Committee; Jon Mueller, Hospital Representative, Public Health Emergency Preparedness Advisory Committee; Julie Schmidt, Hospital Representative, Public Health Emergency Preparedness Advisory Committee; Jeff Anderson, Public Safety Representative, Public Health Emergency Preparedness Advisory Committee; Robert Byerly, Public Safety Representative, Public Health Emergency Preparedness Advisory Committee; R.I. Fascone, MD, Public Safety Agency Representative, Public Health Emergency Preparedness Advisory Committee; Steve Pott, County Sheriff, Public Health Emergency Preparedness Advisory Committee; Jan George, Volunteer Service Representative, Public Health Emergency Preparedness Advisory Committee; Mary Ann Newman, Volunteer Service Representative, Public Health Emergency Preparedness Advisory Committee; Craig Morris, Local Government Representative, Public Health Emergency Preparedness Advisory Committee; Loren Carver, Health Professional Representative, Public Health Emergency Preparedness Advisory Committee; The County Board affirms the following committee appointments - Melissa Lehman, Education Representative, Community Corrections Advisory Board; Chief Lindy Swanson, Law Enforcement Representative, Community Corrections Advisory Board; Steve Pott, County Sheriff, Community Corrections Advisory Board; Mary Waldkirch, Victims Representative, Community Corrections Advisory Board; Sonnie Smith, Minority Representative, Community Corrections Advisory Board; John Baird, Adults and Seniors Representative, Community Services Advisory; Austin Johnson, Consumer Representative, Mental Health Advisory Council; Marge Hooley, Education Representative, Mental Health Advisory Council; Nancy Schult, Child Mental Health Representative, Mental Health Advisory Council. Resolution No. 2006-002, set minimum salary for County Attorney for term next following; Resolution No. 2006-003, set minimum salary for County Sheriff for term next following; Memorial Day appropriation of $100 each upon request for Washington County Posts and Barracks; Amend Internal Audit Policy #2107, to include a definition of internal auditing and to provide for adherence to the standards of the Institute of Internal Auditors; Commissioner committee assignments for 2006; Resolution No. 2006-005, appointing Washington County representatives to the Metropolitan Emergency Services Board; Grand reopening ofthe Rosalie E. Wahl Library Branch in Lake Elmo scheduled for Saturday, January 7; Board correspondence was received and placed on file. . . . . . . Human Resources Approval of new county Policy #5434, authorization to settle claims. Sheriff's Office Board workshop held for a wireless data project update and discussion on the 800 MHz Radio System. Transportation and Physical Development Approval of the following actions: Amendment No.5 to the road kill deer removal contract with 4 Paws Animal Control Service in Burnsville; Resolution No. 2006-004, bid award for 2006 vehicle and heating/cooling fuel to Kath Fuel Oil Service Company. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota.