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Home My WebLink About2006-06-06 CC Packet . REVISED AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO. 06-11 Council Chambers, 216 North Fourth Street June 6, 2006 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Presentation of Human Rights Award 2. Library Project Update 3. Donation Agreement for Teddy Bear Park (Resolution) STAFF REPORTS 1. Police Chie a. Noise Signs 2. Fire Chief a. Firefighters Grant Program 3. City Clerk 5. Community Dev. Director 7. City Attorney 4. Director of Admin 6. City Engineer/PWD 8. Finance Director 9. City Administrator 7:00 P.M. AGENDA _ALL TO ORDER .OLL CALL PLEDGE OF ALLEGIANCE IN OBSERVANCE OF FLAY DAY ON JUNE 14,2006 APPROVAL OF MINUTES - Possible approval of May 16, 2006 regular minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. CONSENT AGENDA* 1. Resolution 2006-113, directing payment of bills 2. Possible approval to purchase SCBA fill station - Fire Department 3. Resolution 2006-114, approval of renewal lease with Qwest for point to point T-1line 4. Resolution 2006-115, approval of Liberty West development agreement 5. Possible approval of temporary liquor license - Lumberjack Days 6. Possible approval of Special Event - St. Croix Garden Tour- Family Means 7. Resolution 2006..116, vacation of Utility Easement - Liberty Village 8. Acceptance of Board of Water Commissioner's Financial Statement for period ending December 31, 2005 !9. Resolution 2006-117, approval of Memorandum of Understanding with AFSCME Council No.5, .' Local 517 ; . . ... - 110. Possible approval to upgrade City Hall back door and hardware . .;Jj PUBLIC HEARINGS 1. This is the date and time for a public hearing to consider a the transfer of an Off Sale Liquor License for Liberty Wines & Spirits, Inc. DBA: Liberty Wines & Sprits located at 105 New England Place, Suite 160, applicant Raymond & Corinne Sharp (Resolution) UNFINISHED BUSINESS NEW BUSINESS 2. Possible approval of Special Event - Bikers in Need Motorcycle Rally - Dave & Julie Dahl . 3. Possible approval of Special Event - Friends of Stillwater Parks 4. Possible approval of request by "Chicago Dogs" to sell concessions from a trailer at adult league ball games in Lilly Lake Park 5. Possible approval of plans and specifications and authorization to advertise for 2nd and Nelson Storm sewer (Resolution) 6. Possible adoption of No parking resolution for Boutwell Road 7. Possible approval of street light contract for 2006 street project (Resolution) 8. Possible ordering improvement and plans & specs for Boutwell Phase III (Resolution) 9. Possible ordering feasibility report for 2006 Sidewalk project (Resolution) 10. Possible appointment to Human Rights Commission 11. Possible approval of amendment to liquor license - Stone's Restaurant 12. Possible Bid Award 2006 Seal Coat Project (Resolution) 13. Possible approval of request to consume liquor in area for special event Rumble on the Deck - Freight House 14. Possible approval of amendment to liquor license - American Legion PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS {continued} COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS {continued} ADJOURNMENT . * All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. . 2 . AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO. 06-11 Council Chambers, 216 North Fourth Street June 6, 2006 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Presentation of Human Rights Award 2. Library Project Update 3. Donation Agreement for Teddy Bear Park (Resolution) STAFF REPORTS 1. Police Chie a. Noise Signs 2. Fire Chief a. Firefighters Grant Program 3. City Clerk 5. Community Dev. Director 7. City Attorney 4. Director of Admin 6. City Engineer/PWD 8. Finance Director 9. City Administrator 7:00 P.M. AGENDA _ALL TO ORDER "OLL CALL APPROVAL OF MINUTES - Possible approval of May 16, 2006 regular minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. CONSENT AGENDA* 1. Resolution 2006-113, directing payment of bills 2. Possible approval to purchase SCBA fill station - Fire Department 3. Resolution 2006-114, approval of renewal lease with Qwest for point to point T-1line 4. Resolution 2006-115, approval of Liberty West development agreement 5. Possible approval of temporary liquor license - Lumberjack Days 6. Possible approval of Special Event - St. Croix Garden Tour - Family Means 7. Resolution 2006-116, vacation of Utility Easement - Liberty Village 8. Acceptance of Board of Water Commissioner's Financial Statement for period ending December 31, 2005 PUBLIC HEARINGS .. 1. This is the date and time for a public hearing to consider a the transfer of an Off Sale Liquor License for Liberty Wines & Spirits, Inc. DBA: Liberty Wines & Sprits located at 105 New England Place, Suite 160, applicant Raymond & Corinne Sharp (Resolution) UNFINISHED BUSINESS NEW BUSINESS 1. Possible approval of Special Event - Bikers in Need Motorcycle Rally - Dave & Julie Dahl . 2. Possible approval of Special Event - Friends of Stillwater Parks 3. Possible approval of request by "Chicago Dogs" to sell concessions from a trailer at adult league ball games in Lilly Lake Park 4. Possible approval of plans and specifications and authorization to advertise for 2nd and Nelson Storm sewer (Resolution) 5. Possible adoption of No parking resolution for Boutwell Road 6. Possible approval of street light contract for 2006 street project (Resolution) 7. Possible ordering improvement and plans & specs for Boutwell Phase III (Resolution) 8. Possible ordering feasibility report for 2006 Sidewalk project (Resolution) 9. Possible appointment to Human Rights Commission 10. Possible approval of amendment to liquor license - Stone's Restaurant 11. Possible Bid Award 2006 Seal Coat Project (Resolution) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed under the consent agenda are considered to be routine by the City Council and will be . enacted by one motion. There will be no separate discussion on these items unless a Council Member 0 citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. . 2 .; . . . RESOLUTION NO. 2006-116 RESOLUTION APPROVING AN AGREEMENT FOR THE DEDICATION OF REAL PROPERTY TO THE CITY OF STILLWATER FOR THE BENEFIT OF ITS CITIZENS AND DESCRIBING THE TERMS OF DEDICATION AS PRESCRIBED BY THE DONOR WHEREAS, that for several years the City and Tom and Sherry Armstrong (the "Armstrongs") have collaborated on the design of a park on property that was purchased by the Armstrongs for the construction of a park for dedication upon completion to the City of Stillwater for the benefit of its citizens. WHEREAS, that the Armstrongs have completed the construction of the park and are entitled to an expression of gratitude from the citizens of this City for whose benefit the purchase, construction and dedication will be made. WHEREAS, that the terms of the dedication have been prescribed by the Armstrongs and the City in the terms so prescribed have been set forth in the Donation Agreement attached as Exhibit "A." WHEREAS, that a form of Dedication Deed has been agreed upon and recommended by the City Attorney, who with the assistance of William Armstrong, attorney at law, has drafted this instrument for consideration and use of the parties in the form attached as Exhibit "B." NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater: 1. That the terms of dedication as prescribed by the Armstrongs and set forth in the Dedication Agreement and Donation Deed attached as Exhibit A and B, be and the same are approved. 2. That the Mayor and City Clerk are authorized and directed to prepare an appropriate resolution of gratitude to be delivered to the Armstrongs on behalf of all of the citizens of the City. Adopted by the City Council of the City of Stillwater this 6th day of June, 2006. CITY OF STILLWATER Jay L. Kimble, Mayor ATTEST: Diane F. Ward, Clerk ~.... . DEDICATION AGREEMENT RELATING TO TEDDY BEAR PARK BETWEEN THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA AND . TOM ARMSTRONG AND SHERRY ARMSTRONG, HUSBAND AND WIFE This Agreement Was Drafted By: MAGNUSON LAW FIRM David T. Magnuson, #66400 333 North Main Street, Suite 202 Stillwater, Minnesota 55082 . 651-439-9464 . . e DEDICATION AGREEMENT I. INTRODUCTION Tom Armstrong and Sherry Armstrong, husband and wife (the "Armstrongs"), are owners of property in Block 29 of the City of Stillwater (the "City"), upon which they have constructed Teddy Bear Park. The property is legally described in the attached Exhibit A (the "Property" and/or the "Park"). II. HISTORY For many years before the Armstrongs purchased the Property, a reclamation yard had been maintained on the Property that was and had been a historical eyesore in the Downtown Historical District of the City. The Armstrongs worked with the City staff and community to design a public park for the Property that would be designed and built by the Armstrongs and then dedicated to the City as a public park. III. INDEMNITY As a condition of making this donation the Armstrongs are desirous of obtaining assurances form the City that they will be released, held harmless and indemnified from claims of any parties injured or harmed by the design or use of the park, and the City hereby agrees to provide those assurances. IV. USEASPARK The Armstrongs are desirous of obtaining assurances from the City that the Property will be used for park purposes and in furtherance of this request, the City has agreed to use the Property for park purposes, not to sell the property. V. RIGHT OF REVERTER The City has agreed to accept the Donation Deed that contains a right of reverter providing that if the conditions of dedication are not kept, the Property will revert to the Armstrongs. VI. DONATION The Armstrongs will, on the _ of June, 2006, execute and deliver to the City the Donation Deed to the property in the form and content attached as Exhibit B. VII. ACCEPTANCE The City will accept the Dedication Deed from the Armstrongs and agree to complete Part IV of IRS Form 8283 in order to assist the Armstrongs in obtaining the necessary documentation that will enable them to receive a charitable deduction for the value of the interest . in the land dedicated by the Donation Deed. IN WITNESS WHEREOF, the parties have set their hands this _ day of 2006. CITY OF STILLWATER Jay L. Kimble, Its Mayor ATTEST: Diane F. Ward, Its City Clerk Tom Armstrong . Sherry Armstrong STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of June, 2006, by Jay L. Kimble, Mayor and Diane F. Ward, Clerk, for the City of Stillwater. Notary Public e - 2 - . . . STATE OF MINNESOTA ) ) ss ) COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this Tom Armstrong and Sherry Armstrong, husband and wife. day of June, 2006, by Notary Public - 3 - . DONATION DEED THIS INDENTURE, between [Tom Armstrong and Sherry Armstrong], husband and wife (the "Grantors"), and the City of Stillwater, a Minnesota municipal corporation (the "Grantee"). WITNESSETH, that Grantors, in consideration of the sum of one dollar ($1.00) the receipt whereof is hereby acknowledged, does hereby grant, bargain, quitclaim and convey to the Grantee, its successors and assigns forever, all the tract or parcel of land lying and being in the County of Washington and State of Minnesota described in Schedule A, (the "Property"), and depicted on the map attached as Schedule B, which is also at various times referred to as Teddy Bear Park, to have and to hold the same, together with all easements, hereditaments and appurtenances thereunto belonging. . Provided: SECTION 1. This Deed is subject to the covenants, conditions, restrictions set forth in Section 2 and Section 3 of this instrument. This provision, however, will not prevent the Grantee from erecting improvements on the Property in conformity with the restrictions contained in this instrument and applicable provisions of the zoning ordinance of the City of Stillwater, Minnesota. SECTION 2. In the event the Grantee: ( a) Abandons the property or attempts to sell or convey the property; or (b) Uses the property for reasons other than a public park; then the Grantors have the right to re-enter and take possession of the Property and to terminate the title ofthe Grantee and to revest in the Grantors the estate conveyed by this Deed. e . SECTION 3. The Grantee agrees to: (a) Devote the Property to, and only to public park uses; (b) Not discriminate on the basis of race, color, creed, national origin, or sex in the use of the Property or any improvements erected or to be erected thereon, or any part thereof; (c) Maintain the property in a condition suitable for public park use; (d) Indemnify and hold harmless the Grantors, their heirs and assigns from any claims of any parties injured or harmed by design or use of the Property; ( e) Maintain public liability insurance on the property consistent with applicable municipal tort limits. It is intended that the above and foregoing agreements and covenants be covenants running with the land, and that, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in this Deed, be binding, to the fullest extent permitted by law and equity for the benefit and in favor of, and enforceable by, the Grantors against the Grantee, its successors and assigns. . IN WITNESS WHEREOF, the Grantors, Tom Armstrong and Sherry Armstrong have caused this Deed to be duly executed this _ day of June, 2006. Tom Armstrong Sherry Armstrong STATE OF MINNESOTA ) ) ss. COUNTY OF W ASHlNGTON ) On this _ day of June, 2006, before me, a notary public within and for Washington County, personally appeared Tom Armstrong, and Sherry Armstrong to me personally known who by me duly sworn, did say that they are the Grantors named in the foregoing instrument and said Tom Armstrong and Sherry Armstrong acknowledged said instrument to be their free act and deed. e Notary Public - 2 - This instrument was drafted by: MAGNUSON LAW FIRM David T. Magnuson, #66400 333 North Main Street, Suite 202 Stillwater, Minnesota 55082 651-439-9464 - 3 - . . . . .LARRYJ.OAUFFENBACH CHIEF OF POLICE CRAIG T. PETERSON CAPTAIN THE BIRTHPLACE OF MINNESOTA POLICE DEPARTMENT May 31, 2006 Dear Mayor and City Council Members, At a previous council meeting, I was instructed to develop wording for noise ordinance signage. There should be slightly abbreviated wording for signs posted on roadways with higher speed limits to make them easier to read while at the higher speeds. I would suggest the following wording for most other areas within the city and on city streets: Stillwater Welcomes You. Please help us in keeping Stillwater quiet. All motor vehicles must have mufflers. Our noise ordinance is enforced. . Sincerely, Captain Craig T. Peterson . 212 North 4th Street · Stillwater, Minnesota 55082 Business Phone: (651) 351-4900 · Fax: (651) 351-4940 Police Response/Assistance: 911 www.ci.stillwater.mn.us . Stillwater Fire Department Memo Datec He: Mayor Kimble and Council C........... Stuart W. Glaser, Fire Chief f May 23, 2006 Approval to apply for Assistance to Firefighters Grant Program To; From: Background: The U.S. Department of Homeland Security, Office of Domestic Preparedness is in the process of accepting applications for the Staffing for Adequate Fire and Emergency Response (SAFER) Grants. The purpose of this program is to award funding directly to fire agencies to hire additional firefighters to provide 24-hour staffing and enhance the departmenfs ability to meet minimum staff response standards. . The program is designed as a cost sharing program spread out over a five-year period: Year One: Year Two: Year Three: Year Four: Year Five: Federal share 90% or $37,260, whichever is less Federal share 80% or $33,120, whichever is less Federal share 50% or $20,700, whichever is less Federal share 30% or $12,420, whichever is less No Federal share, City responsibility 100% The initial step in the grant application process is to receive approval from the governing body to move forward with the application. The application deadline is Friday, June 30. Additional information and updates will be provided to Council throughout this application process. Approving this request does not commit the City to entering Into an agreement or accepting the grant. This request is strictly seeking permission for the fire department to move forward with the grant application process. Recommendation: Council approval to proceed with the grant application process. . 1 , . . . CITY OF STILLWATER CITY COUNCIL MEETING NO. 06-10 May 16, 2006 REGULAR MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7: 1 0 p.m. Present: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Staff present: City Administrator Hansen Community Development Director Turnblad Police Chief Dauffenbach Fire Chief Glaser Interim Public Works Director Sanders Finance Director Harrison Administration Secretary Moore PLEDGE OF ALLEGIANCE Mayor Kimble led the Council and audience in reciting the Pledge of Allegiance APPROVAL OF MINUTES Motion by Council member Milbrandt, seconded by Councilmember Polehna to approve the May 2, 2006, regular and recessed minutes. All in favor. OPEN FORUM There were no public comments STAFF REPORTS Fire Chief Glaser reminded the public that the Fire Department was launching its smoke alarm campaign the date of the Council meeting (May 16, 2006). The campaign is being funded through a $35,000 fire prevention and safety grant from the Department of Homeland Security. Free smoke alarms are being distributed, with as many as 2,000 to be given away during the course of the year. Interested citizens were advised to call the Fire Department. City Administrator Hansen asked the Council for approval of a disclosure, indemnity and hold harmless agreement related to a house that, in the opinion of the City's Public Works Director, was constructed on low property and could be a risk of flooding due to the inadequacy of the local storm sewer drain. The certificate of occupancy was withheld until the issue was resolved as the City did not want to assume any liability, he ~ City Council Meeting - 06-10 May 16, 2006 said if the home should flood in the future. The City Attorney prepared an indemnie agreement that provides for the homebuilder to disclose this information to any future buyers and indemnify the City from all claims. Mr. Hansen said it was his recommendation and the City Interim Public Works Director's recommendation that the Council approve the agreement. The house is located on a formerly vacant lot at Sycamore and North Fourth Street. Mr. Hansen said staff has been working on this matter for a number of months. Motion by Council member Junker, seconded by Council member Harycki to adopt Resolution 2006-112, approval of agreement with Legendary Homes, Inc. (William H. Schorn). Ayes: Councilmembers Polehna, Milbrandt, Harycki, Junker and Mayor Kimble Nays: None CONSENT AGENDA Motion by Council member Junker, seconded by Council member Milbrandt to approve Consent Agenda. Councilmember Harycki asked that the approval of the City's $5,000 contribution for Lumberjack Days fireworks be pulled for discussion. Councilmember Junker moved to amend his motion to remove the $5,000 fireworks contribution from the payment of billS.. Council member Milbrandt agreed to second the amended motion. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Resolution 2006-98, directing payment of bills Resolution 2006-99, designating polling places Possible approval of Special Event - Woodbury Days Bike Ride - August 26, 2006 Possible approval of waiver of garbage collection charges Resolution 2006-100, accepting work and ordering final payment for North Hill Phase 2 project Resolution 2006..101, accepting work and ordering final payment for North Hill Phase 3 project Resolution 2006-102, approval of Letter of Understanding with Brown's Creek Watershed District for storm water facility maintenance Possible approval of Sale of Fireworks at Target Possible approval of Special Event - Stillwater Farmer's Market June 10th-October 28th, 2006 Resolution 2006-103, approval of contract with Stillwater Farmer's Market Reso!ution 2006~1 04, approving Minnesota Premises Permit for Gambling for Stillwater Elks #179, Located at Mad Capper, 224 Main Street South, Stillwater, MN . Page 2 of 11 City Council Meeting - 06-10 May 16, 2006 . PUBLIC HEARINGS Case No. ANN/06-02. This is the date and time for the public hearinq to consider a request from Scott Junker for an annexation petition for a 2.3 acre parcel of property located at 12764 Boutwell Road in the AP. Aqricultural Preservation District, into the City of Stillwater. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 5, 2006. Community Development Director Turnblad noted that both the Planning Commission and Joint Board have considered the request. The Planning Commission recommended approval based on Scott Junker's assurance that he would not make application for the final plat until the Boutwell Road improvements, including sewer and water, reach his property, sometime in late fall. The Joint Board also approved the request on a 3-1 vote, he said. Mr. Turnblad said if the Council approves this request, it is staff's recommendation that it be conditioned upon approval of the final plat before the annexation actually takes effect. . Mayor Kimble opened the public hearing. No comments were received, and the hearing was closed. Councilmember Milbrandt said this request appears to "fly in the face" of the Council's previous stance on early annexation requests in this area. Councilmember Milbrandt said the Council had wanted plans for the extension of Neal Avenue, Boutwell Road improvements, and improvements to the Manning/Boutwell intersection to be in the County's budget before annexations would be considered. He noted that other properties in the area had been in line for consideration of annexation far longer than Scott Junker's. Motion by Councilmember Milbrandt to deny the annexation request; motion died for lack of a second. Councilmember Harycki noted that annexation is allowed if a parcel abuts City properties. Mayor Kimble pointed out that the City, during the Orderly Annexation Agreement proceedings, promised Township residents that they would not be annexed against their will, but if their property is contiguous and adjacent to the City and they wish early annexation, the City will not block that request. Councilmember Milbrandt noted that the Orderly Annexation Agreement does not obligate the City to grant early annexation requests - it allows such requests to be considered. Councilmember Milbrandt also suggested that it is the Council's obligation to make sure that the City has a reliable road system and traffic plan before granting such requests. Councilmember Polehna called the question. . Motion by Councilmember Harycki, seconded by Councilmember Polehna to adopt Resolution 2006-105, 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, conditioned that annexation not take effect until after final plat approval. Page 3 of 11 City Council Meeting - 06-10 May 16, 2006 Ayes: Councilmembers Harycki, Polehna and Mayor Kimble Nays: Council member Milbrandt Abstained: Councilmember Junker . Case No. ZAM/06-01. This is the date and time for the public hearino to consider a request from US Homes for a Zonino Map amendment chanoinq the zonino desionation from Aoricultural Preservation. AP. to TH. Townhouse. on 25.3 acres of land. Millbrook Development (Palmer Property), located south of TH 96, west of Neal Avenue, north of Brown's Creek and east of Mannino Avenue. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 5, 2006. Case No. ZAM/06-02. This is the date and time to consider a request from US Homes for a Zonino Map amendment chanqing the zoning desiqnation from Aoricultural Preservation, AP, to CR, Cottaqe Residential. on 69.9 acres of land, Millbrook Development (Palmer Property). located south of TH 96. west of Neal Avenue. north of Brown's Creek and east of Manning Avenue. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 5.2006. Case No. ZAM/06-03. This is the date and time for the public hearino to consider a request from US Homes for a Zonino Map amendment chanqinq the zoninq designation from Aqricultural Preservation. AP. to TR, Traditional Residential on 72.7 acres of land, Millbrook . Development (Palmer Property). located south of TH 96. west of Neal Avenue, north of Brown's Creek and east of Mannino Avenue. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 5. 2006. Case No. PUD/06-07. This is the date and time to hold a public hearino to consider a request from US Homes for a Planned Unit Development for a 270 lot development on 132+/- acres of land located south of TH 96. west of Neal Avenue. north of Brown's Creek and east of Manninq Avenue, Millbrook Development (Palmer Property), in the TH. Townhouse, CR, Cottaoe Residential, and TR, Traditional Residential District. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 5, 2006. (Resolution) Case No. SUB/06-05. This is the date and time to hold a public hearinq to consider a request from US Homes for a Preliminary plat approval for a 270 lot development on 132+/- acres of land located south of TH 96. west of Neal Avenue, north of Brown's Creek and east of Mannino Avenue. Millbrook Development (Palmer Property), in the TH. Townhouse, CR, Cottaqe Residential. and TR, Traditional Residential District. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 5.2006. Case No. ANN/06-01 This is the date and time to hold a public hearino to consider a request from US Homes for annexation of 132+/- acres of land zoned TH. Townhouse, CR, Cottage Residential. and TR, Traditional Residential District. into the City of Stillwater. Millbrook Development (Palmer Property), located south of TH 96, west of Neal Avenue. north of Brown's Creek and east of Mannino Avenue. Notices were mailed to affected property owners. and published in the Stillwater Gazette on May 5.2006. (Resolution) Page 4 of 11 . . . City Council Meeting - 06-10 May 16, 2006 Community Development Director Turnblad pointed out that Nos. 2-7 in the Public Hearing portion of the meeting all related to the Millbrook development. He said some last minute items had arisen concerning access on Highway 96, as well as trail approval by the Watershed Districts. Therefore, he said the developer has requested that consideration be delayed to a later date. Staff has suggested consideration be tabled until June 20, 2006. Motion by Councilmember Junker, seconded by Council member Harycki to table the Milbrook items until June 20,2006. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Case No. ANN/06-03 This is the date and time to hold a public hearino to consider a reauest from the City of Stillwater for an annexation into the City of Stillwater of a .36 acre parcel of property located on Boutwell Road 328 feet southeast of the intersection of Neal Avenue for the purpose of stormwater retention. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 5. 2006. Community Development Director Turnblad explained that this is a low-lying parcel that the Public Works Department would like to improve as a stormwater pond to accommodate runoff from Boutwell Road as road improvements are being made. During the public hearing at the Joint Board, he said it was pointed out that piece of property was dedicated for park purposes. Therefore, it was recommended that as the City does the Boutwell Road improvements, it provide an area at the parcel for passive recreation, a bench or similar amenity. He said annexation is recommended with the condition for the suggested improvement of the parcel. Mayor Kimble opened the public hearing. No comments were received, and the hearing was closed. Motion by Council member Polehna, seconded by Council member Harycki to approve Resolution 2006-106, 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 Ayes: Council members Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Case No. ANN/06-04 This is the date and time to hold a public hearino to consider a reauest from the City of Stillwater for annexation of all that part of the right of way of Neal Avenue North from the north side of the railroad riaht of way of the Minnesota Zephyr to the north rioht of way of Boutwell Road North excludina therefrom any portions already annexed to the City of Stillwater. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 5.2006. Page 5 of 11 City Council Meeting - 06-10 May 16, 2006 Community Development Director Turnblad explained that the Public Works . Department is requesting annexation to get the roadway into the State Aid system so that segment of the road can be upgraded at a later date using state aid money. The Joint Board heard the request, held a public hearing, and approved the proposed annexation, he said. Mayor Kimble opened the public hearing. No comments were received, and the hearing was closed. Motion by Councilmember Junker, seconded by Councilmember Harycki, to adopt Resolution 2006-107, 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. Ayes: Council members Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None UNFINISHED BUSINESS Possible approval of Amended Report on 2006 Street Improvement Proiect for Street Liqhts (Proiect 2006-02) Interim Public Works Director Sanders said a neighborhood meeting had been held with. residents of the Forest Hills area. One of the items discussed at the meeting was the proposed streetlights. When the project was initially proposed, the intent was to install eight streetlights, one at each intersection. At the public hearing, residents indicated a desire to have more lights. As a result, five additional lights were added. At the neighborhood meeting, residents indicated approval of the proposal for 13 total streetlights, he said. Cost of the 13 lights is $61,000. As proposed, the eight lights would be paid for by the City, with the cost of the additional five lights, $21,500, assessed to property owners - a $277 assessment per lot. Councilmember Junker said the neighborhood meeting was very well attended and there was almost unanimous approval of the lighting plan put together by Mr. Sanders and his team. Motion by Council member Junker, seconded by Council member Polehna to adopt Resolution 2006-108, resolution accepting amended report on 2006 Street Improvement Project for Street Lights (Project 2006-02). Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of Lumberiack Davs Aqreement City Administrator Hansen reported that agreement had been reached on the new . contract. Two very minor changes were made from last year's contract, he said. Under Page 6 of 11 r City Council Meeting - 06-10 May 16, 2006 . crowd management, the contribution level for police and firefighters last year stated "is estimated at $34,200." This year, the contract language sets the contribution level at "not to exceed $40,000." Also, a sentence was added making payment due on or before Dec. 31,2006. In all other regards, with the exception of a couple of minor scrivener's errors, the contract is the same as the previous agreement. Mr. Hansen said he would recommend Council approval of the agreement. . Dave Eckberg, St. Croix Events/Lumberjack Days Festival Association, was present for the discussion. Council member Milbrandt asked about a timeframe for having a complete site plan available for review by the Police and Fire departments. Mr. Eckberg said he thought a final plan could be completed within the next several weeks. Mr. Eckberg said the only component to be completed is the location of the Stihl area. Council member Milbrandt asked if the Stihl area would be outside the fenced-in beer garden; Mr. Eckberg said it would be inside the fenced-in area. Council member Milbrandt said it should be outside the beer area as the intent was to provide more family-oriented activities, and he expressed concern about having kids' log rolling inside the beer garden area. Councilmember Junker noted the entire north end of Lowell Park will be fenced in, and as such part of the beer garden, but noted that beer sales will not be congregated in one location. During discussion, it was noted that Police Chief Dauffenbach has the authority to set the exact boundaries of the beer sales, according to the agreement. Council member Milbrandt said he hoped when the final site plan is submitted, it will have the children's area located as far away from beer sales as possible. Mr. Eckberg said there is a possibility that the Stihl area may be moved to south Lowell Park. Motion by Councilmember Harycki, seconded by Councilmember Polehna to adopt Resolution 2006-109, approval of 2006 Lumberjack Days Agreement, as well as the City's $5,000 contribution for fireworks pulled from the Consent Agenda earlier in the meeting. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None NEW BUSINESS Possible approval of special event - Rumble on the Deck - July 13. 2006 - FreiQht House City Administrator Hansen said this would be the second year of the event. Last year, the event caused no problems for the City that he was aware of. He said the request had been reviewed by the Parking Commission, which recommended approval with the same $300 fee for the use of the parking lot. He noted the event is held in mid-week so it doesn't conflict with the prime demand for parking. Police Chief Dauffenbach reiterated that there were no issues with the event last year. . Motion by Council member Junker, seconded by Council member Polehna, moved approval of the requested special event. All in favor. Page 7 of 11 City Council Meeting - 06-10 ~ May 16, 2006 Possible a roval of feasibilit re ort and callin for hearin Interim Public Works Director Sanders said the project is related to last summer's algae bloom at Lake McKusick. As a result of the algae growth, the City commissioned a study by Bonestroo consultants. The study concluded that because McKusick is a shallow, urban lake, vigorous plant growth should be expected. The study and subsequent meeting with neighboring residents concluded the best way to manage the growth and preserve lake quality is by harvesting of the algae. He said the algae growth is already occurring this year, with about one-third of the Lake affected. A feasibility study has been completed, and it is estimated the cost of harvesting the algae would be about $31,000. That cost assumes full coverage of the Lake, which probably won't be the case, so the actual cost will likely be lower than the $31,000. The proposed area to be assessed includes properties adjacent to the Lake and those with a view of the Lake, he said. Seventy-two properties are included in the proposed assessment area, which would result in an assessment of $215 per parcel. Mr. Sanders said staff had talked with the DNR regarding the possible requirement for a boat permit. He said the DNR has indicated a permit would not be required if certain conditions are met, for example, limiting the length and width. Also, he said, the DNR has no regulations regarding the removal of algae, so the City would remove 100 percent of the growth at one time, rather than doing the removal in stages. The harvesting would be contracted out, h e said. Councilmember Milbrandt asked whether the harvesting would have to be done on an . annual basis. Rich Brasch of Bonestroo said he would not expect the same magnitude of problem every year as was experienced in 2005. However, he said there will likely be some amount of filament growth every year. He said it would be important to set expectations regarding harvesting, that this is a trial approach, so residents don't expect that this is a permanent approach to be conducted on an annual basis. Council member Junker asked about the optimal time for doing the harvesting. Mr. Brash said the harvesting could be done any time between June and August, but he said it would be good to have the right weather conditions to get as much of the algae on the surface as possible when the harvesting is done. Councilmember Harycki asked about other City lakes and said he would like to see an overall approach for dealing with similar problems on all the lakes. Council member Milbrandt agreed with the need to look at other options/alternatives, suggesting that the harvesting is a Band-Aid approach. Motion by Council member Milbrandt, seconded by Councilmember Harycki to adopt Resolution 2006-110, resolution receiving report and calling hearing on McKusick Lake Water Quality Management Project (Project 2005-11 ). Councilmember Polehna said he could not support the expenditure of City money for harvesting of a lake that has very limited public access and at the same time not look at the rest of the City and other lakes. Councilmember Harycki said he viewed this project as an experimental project, but agreed that the City ought to have a comprehensive plan for other City lakes. Mayor Kimble noted that half of the cost of the project would . be assessed to benefiting property owners. Mayor Kimble also noted that the action Page 8 of 11 . . . City Council Meeting - 06-10 May 16, 2006 before the Council was not approving or disapproving of the expenditure of money for the harvesting but accepting the report and calling for a public hearing. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of Roval Oaks final plat Community Development Director Bill Turnblad explained the project, located on Greeley Street at Curve Crest, would involve an eight-building, 20-lot subdivision, he said the final plat is consistent with the preliminary plat approved several months earlier, and final approval is recommended with the nine conditions and development agreement. Council member Junker asked whether this included the stop light at the Greeley/Curve Crest intersection. Mr. Turnblad responded that this approval is for the final plat only. Interim Public Works Director Sanders responded that the main access to the site is at the controlled intersection, so access into and out of the property should not be a problem. Motion by Council member Polehna, seconded by Councilmember Harycki to adopt Resolution 2006-111, approving a final plat and development agreement for property located at 1749 South Greeley said plat to be known as Stillwater Town Office (Royal Oaks). Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None COMMUNICATIONS AND REQUESTS Richard Huelsmann and Bill Hickey of the Stillwater Public Library Board of Trustees were present to discuss the issue of the possible addition of steps/trail connection to the library construction/renovation project. City Administrator Hansen reported that the estimated cost has come down to about $164,000, with some contingency costs that mayor may not be used, so the cost might be even lower. Mr. Hickey said since the last discussion on this issue, the proposal has been revised to change the retaining wall from poured-in-place concrete to a modular block product. The steps themselves, he said, would still have to be poured-in-place concrete. The use of modular block will necessitate two additional retaining walls, but also enhance the ability for landscaping, he said. The iron railing would match the railing on the terrace. Mr. Hickey noted the estimate includes $7,800 in contingency, which they are pretty confident won't be expended. Mr. Huelsmann noted that some adjustments in the north retaining wall had also been made to accommodate concerns of a neighboring property owner. There was discussion about the amount of the bid. Mr. Huelsmann and Mayor Kimble spoke of the challenges and constraints presented by the site that add to the cost. Page 9 of 11 City Council Meeting - 06-10 May 16, 2006 Council member Harycki said he could not justify the amount of the expenditure at this . time. Motion by Council member Milbrandt, seconded by Councilmember Junker to approve the stairway bid from A&P. Ayes: Councilmembers Junker, Milbrandt, Polehna and Mayor Kimble Nays: Council member Harycki COUNCIL REQUEST ITEMS Councilmember Polehna invited Councilmembers to attend the Human Rights Commission to hear Tom Gillespie's presentation about the changing demographics of Stillwater and the State of Minnesota. Councilmember Harycki asked City Administrator Hansen for clarification of the City policy regarding the mowing of a vacant lot on the North Hill. ADJOURNMENT Motion by Council member Junker, seconded by Councilmember Polehna, to adjourn at 8:30 p.m. All in favor. . Jay L. Kimble, Mayor ATTEST: Larry D. Hansen, Acting City Clerk Resolution 2006-98, directing payment of bills Resolution 2006-99, designating polling places Possible approval of Special Event - Woodbury Days Bike Ride - August 26, 2006 Possible approval of waiver of garbage collection charges Resolution 2006..100, accepting work and ordering final payment for North Hill Phase 2 project Resolution 2006~1 01, accepting work and ordering final payment for North Hill Phase 3 project Resolution 2006-102, approval of Letter of Understanding with Brown's Creek .- Watershed District for storm water facility maintenance . Possible approval of Sale of Fireworks at Target Page 1 0 of 11 , . . . City Council Meeting - 06-10 May 16, 2006 Possible approval of Special Event - Stillwater Farmer's Market June 10th-October 28th, 2006 Resolution 2006-103, approval of contract with Stillwater Farmer's Market Resolution 2006-104, approving Minnesota Premises Permit for Gambling for Stillwater Elks #179, Located at Mad Capper, 224 Main Street South, Stillwater, MN Resolution 2006-105, 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, conditioned that annexation not take effect until after final plat approval Resolution 2006-106, 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 2006-107, 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 2006-108, resolution accepting amended report on 2006 Street Improvement Project for Street Lights (Project 2006-02) Resolution 2006-109, approval of 2006 Lumberjack Days Agreement Resolution 2006-110, resolution receiving report and calling hearing on McKusick Lake Water Quality Management Project (Project 2005-11) Resolution 2006-111, approving a final plat and development agreement for property located at 1749 South Greeley said plat to be known as Stillwater Town Office (Royal Oaks) Resolution 2006-112, approval of agreement with Legendary Homes, Inc. (William H. Schorn ) Page 11 of 11 LIST OF BILLS .XHIBIT" A" TO ~ESOLUTION #2006-113 A-1 Hydraulic Sa~e's & Service Ace Hardware All Star Wireless Allied Hand Dryer Ancom Technical Center Aramark Arcon Construction Association of Recycling Managers Ballis, Tom BCA/Training & Development Boyer Trucks Burnsville Police Dept. California Contractors Supplies, Inc Carquest Cartridge World Catco Century Power Equipment City of St. Paul Cole Papers Comcast Condon, Frank Coordinated Business Systems .Ub Foods Dauffenbach, Larry Disaster Management Systems Emergency automotive Tech Force America Frontier Precision, Inc. Fuhr Trenching GCR Minneapolis Truck Tire Center General Security Services Corp Greeder & Mondor Electric Co. Heritage Printing Holiday Credit Office Hugo Feed Mill Imagineering Integra Telecom Johnson Controls Knauss, Chantell Kustom Signals, Inc. Lake Country Door, LLC Layman, Colleen League of Minnesota Cities .oIIIlIIII.!fe Safety Systems ~ng, James Magnuson Law Firm Menards Metro Fire Equipment Repair Supplies Equipment Repair Supplies Maintenance Contract, Service Equipment Repair Supplies Radio Repair Uniforms 2006 Street Improvement, Application 1 ARM Workshop Registration, K. Richtman Reimburse for Fire Sprinkler Class Motivational Leadership Training Sterling L8500 Crime Scene Investigation Training Barrier Tape Equipment Repair Supplies Refill Laser Ink Cartridge Equipment Repair Supplies Equipment Repair Supplies Asphalt Janitor Supplies Cable Park Deposit Refund Office Supplies Detergent Reimburse for Parking Safety Equipment Repairs to Civil Defense Sirens Equipment Repair Supplies Trimble Stylus Pens, Trimble Ranger Professional Services Tires Quarterly Alarm Monitoring Service Call To Lily Lake Arena Printing Fuel Equipment Repair Supplies On Site Consulting Telephone Repairs at Lowell Park May Expenses Sun Shields Equipment Repair Supplies Reimburse for Office Supplies Municipality Insurance 2nd Installment Repairs to Fire System Work Boot Reimbursement Professional Services Through May General Supplies Graphics on Fire Trucks 9.48 72.63 1,271.63 580.00 365.56 291.19 234,155.00 50.00 312.26 120.00 59,563.00 1,100.00 115.98 400.75 106.50 326.53 12.73 1,197.59 757.73 68.33 50.00 171.41 18.94 5.00 630.20 590.03 139.76 45.76 440.00 76.55 64.84 100.00 1,375.18 34.00 6.12 1,134.35 919.98 3,245.00 88.13 47.60 150.00 13.62 48,246.25 780.07 100.00 10,178.43 950.63 115.97 EXHIBIT" A" TO RESOLUTION #2006-113 Mitchell, Ryan MN Department of Health MN Board of AELSLAGID MN city/County Management Assoc. MN Pollution Control Agency Moore, Richard MTI Distributing Municipal Code Corp Nextel Northern Traffic Supply Northwestern Tire Co. Novak, Les Office Depot Office Max Olson, Eric OnSite Sanitation Pioneer Rim and Wheel Co. Press Publications Red Bud Supply, Inc. Redeemer Lutheran Church Reed Business Information Rivard Stone, Inc. River town Arts Festival Sentry Systems, Inc. Shilts, Cindy St. Croix Events, Inc. St. Croix Scuba Stillwater Gazette Stillwater Glass, Inc. Stillwater Towing Streicher's T -Mobile T.A Schifsky & Sons Three Rivers Construction Tri Stat Bobcat, Inc. Tru Green Limited Partnership Twin City Seed Company United Rentals Valley Trophy, Inc. Verizon Viking Auto Sprinkler Co. Viking Industrial Center Wal Mart Community Washington County Chiefs of Police Assn Washington County Recorder Wrap & Ship Yeadon Yocum Oil Zee Medical Service Page 2 Tuition Reimbursement Statewide Hospitality Fee License Renewal for S. Sanders Membership Operators License Professional Services Blade Supplement Pages Cell Phone General Supplies Tires Park Deposit Refund Office Supplies Office Supplies Police Bicycle Tune Ups Weekly Service/Special Event Services Equipment Repair Supplies Printing & Publishing Safety Equipment Park Deposit Refund Seal Coat Ads Landscape rock for Schulenburg Park Damage Deposit Refund Commercial Monitoring Services Reimburse for Airline Tickets to conference Firework Contribution Safety Equipment Publishing Weight Room Mirrors Towing Uniforms Cell Phone AC Fine Asphalt Phase 2 Utilities Application 1 General Supplies Fertilizer & Weed Control on City Park Blanket Seed Equipment Repair Supplies Name Plate & Badge Cell Phone Reset Sprinkler System Safety Equipment General Supplies 2006 Dues Printing & Publishing Shipping Fabric Dome Repairs Fuel First Aid Supplies 2,475.. 35.00 120.00 99.21 23.00 2,400.00 364.01 674.78 601.64 3,339.84 1,259.88 150.00 509.77 239.79 120.00 1,228.35 213.80 103.00 287.90 50.00 296.80 7,191.~ 250._ 135.41 277.10 25,000.00 46.75 1,457.55 600.00 101.18 99.90 51.66 1,260.58 317,408.68 204.72 4,038.04 396.71 583.14 21.78 602.94 285.00 289.68 132.32 100.. 192. 23.47 378.25 10,186.04 151.38 . . . STAFF REQUEST ITEM I Deparbnent: Fire I Date:. May 25, 2006 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase Self Contained Breathing Apparatus (SCBA), Self Contained Underwater Breathing Apparatus (SCUBA), cylinder containment fill station. Filling compressed air tank systems requires a containment system in the event a cylinder explodes under pressure during the filling process. Current system is not a compliant rated system and was identified in the Fire Service Delivery Study by ESCi as a necessary purchase for the safety of Department personnel. FINANCIAlIMPACT'(Briefty outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) The attached bid reflects the lowest total cost of a Class II compliant fill station system. This request is being purchased through approved 2006 Capital Outlay funds. Attached Bid Quote: North Shore Compressor & Machine Inc. $5,919.00 ADDITIONAL INFORMATION ATTACHED Yes _X_ No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Stuart W. Glaser, Fire Chief Date: May 25, 2006 MAY 15,2006 16:01 North Shore Compressor 12182263440 Page r 83 Outer Drive Silver Bay, Minnesota 55614 . (218) 226-4695 (800) 526-6395 Fax: 218-226-3440 northshorec.ompressor@mchsi.com To: Chad Jansen Stillwater Fire Department 216 North 4th St. Stillwater. NfN 55042 January 18,2006 revised May 15,2006 BID PROPOSAL 2 SCBA Fill Station (Class 2) Includes the following 2-Fill Whips with shut ot1 and bleeder 2 Bottle containment fill station with safety latch Tilting door for ease of loading SCBA' s I-Connecting line from cascade (up to ] 0 ft.) Price: $3590.00 Containment Fill Station with 4 Cylinder Control Panel . Same as above tIll station plus the following: Control Panel Adjustable Regulator 4.21;2 Bank Gauges 4-Bank Control Valves I-Fill Pon with Valve 1-4" Final Result Gauge Price: ~600.00 Option for SCBA to SCUBA quick connect adapter: $69.00 (includes quick connect and SCUBA yoke with a bleeder) Delivery & Installation: $250.00 12 Months parts and labor warranty. This price is good for 3 months. . LIST OF BILLS .HIBIT" A" TO RESOLUTION #2006-113 A-1 Hydraulic Sales & Service Ace Hardware All Star Wireless Allied Hand Dryer Ancom Technical Center Aramark Arcon Construction Association of Recycling Managers Ballis, Tom BCAlTraining & Development Boyer Trucks Burnsville Police Dept. California Contractors Supplies, Inc Carquest Cartridge World Catco Century Power Equipment City of St. Paul Cole Papers Comcast Condon, Frank Aordinated Business Systems ~b Foods Dauffenbach, Larry Disaster Management Systems Emergency automotive Tech Force America Frontier Precision, Inc. Fuhr Trenching GCR Minneapolis Truck Tire Center General Security Services Corp Greeder & Mondor Electric Co. Heritage Printing Holiday Credit Office Hugo Feed Mill Imagineering Integra Telecom Johnson Controls Knauss, Chantell Kustom Signals, Inc. Lake Country Door, LLC Layman, Colleen League of Minnesota Cities ~ Safety Systems ~ng, James Equipment Repair Supplies Equipment Repair Supplies Maintenance Contract, Service Equipment Repair Supplies Radio Repair Uniforms 2006 Street Improvement, Application 1 ARM Workshop Registration, K. Richtman Reimburse for Fire Sprinkler Class Motivational Leadership Training Sterling L8500 Crime Scene Investigation Training Barrier Tape Equipment Repair Supplies Refill Laser Ink Cartridge Equipment Repair Supplies Equipment Repair Supplies Asphalt Janitor Supplies Cable Park Deposit Refund Office Supplies Detergent Reimburse for Parking Safety Equipment Repairs to Civil Defense Sirens Equipment Repair Supplies Trimble Stylus Pens, Trimble Ranger Professional Services Tires Quarterly Alarm Monitoring Service Call To Lily Lake Arena Printing Fuel Equipment Repair Supplies On Site Consulting Telephone Repairs at Lowell Park May Expenses Sun Shields Equipment Repair Supplies Reimburse for Office Supplies Municipality Insurance 2nd Installment Repairs to Fire System Work Boot Reimbursement 9.48 72.63 1,271.63 580.00 365.56 291.19 234,155.00 50.00 312.26 120.00 59,563.00 1,100.00 112.60 400.75 106.50 326.53 12.73 1,197.59 757.73 68.33 50.00 171.41 18.94 5.00 630.20 590.03 139.76 45.76 440.00 76.55 64.84 100.00 1,375.18 34.00 6.12 1,134.35 919.98 3,245.00 88.13 47.60 150.00 13.62 48,246.25 780.07 100.00 EXHIBIT" A" TO RESOLUTION #2006-113 Magnuson Law Firm Menards Metro Fire Mitchell, Ryan MN Department of Health MN Board of AELSLAGID MN city/County Management Assoc. MN Pollution Control Agency Moore, Richard MTI Distributing Municipal Code Corp Nextel Northern Traffic Supply Northwestern Tire Co. Novak, Les Office Depot Office Max Olson, Eric OnSite Sanitation Pioneer Rim and Wheel Co. Press Publications Red Bud Supply, Inc. Redeemer Lutheran Church Reed Business Information Rivard Stone, Inc. River town Arts Festival Sentry Systems, Inc. Shilts, Cindy St. Croix Events, Inc. St. Croix Scuba Stillwater Gazette Stillwater Glass, Inc. Stillwater Towing Streicher's T -Mobile T.A Schifsky & Sons Three Rivers Construction Tri Stat Bobcat, Inc. Tru Green Limited Partnership Twin City Seed Company United Rentals Valley Trophy, Inc. Verizon Viking Auto Sprinkler Co. Viking Industrial Center Professional Services Through May General Supplies Graphics on Fire Trucks Tuition Reimbursement Statewide Hospitality Fee License Renewal for S. Sanders Membership Operators License Professional Services Blade Supplement Pages Cell Phone General Supplies Tires Park Deposit Refund Office Supplies Office Supplies Police Bicycle Tune Ups Weekly Service/Special Event Services Equipment Repair Supplies Printing & Publishing Safety Equipment Park Deposit Refund Seal Coat Ads Landscape rock for Schulenburg Park Damage Deposit Refund Commercial Monitoring Services Reimburse for Airline Tickets to conference Firework Contribution Safety Equipment Publishing Weight Room Mirrors Towing Uniforms Cell Phone AC Fine Asphalt Phase 2 Utilities Application 1 General Supplies Fertilizer & Weed Control on City Park Blanket Seed Equipment Repair Supplies Name Plate & Badge Cell Phone Reset Sprinkler System Safety Equipment Page 2 . 10,178.43 950.63 115.97 2,475.00 35.00 120.00 99.21 23.00 2,400.00 364.01 674.78 601.64 3,339.84 1,259.88 150.00 509.77 239.79 120.00 1,228.35 213.80 103. 287. 50.00 296.80 7,191.51 250.00 135.41 277.10 25,000.00 46.75 1,457.55 600.00 101.18 99.90 51.66 1,260.58 317,408.68 204.72 4,038.04 396.71 583.14 21.78 304_ 285. 289.68 4XHIBIT" An TO RESOLUTION #2006-113 Wal Mart Community Washington County Chiefs of Police Assn Washington County Recorder Wrap & Ship Yeadon Yocum Oil Zee Medical Service MANUALS MAY 2006 Auto Glass Today Washington County Recorder ADDENDUM TO BILLS American Classic Homes Ace Hardware BCA/Training & Development Bryan Rock Buberl, Larry Cardinal Tracking Carquest Cartridge World Atco .haves, Nick Clark, Luann Combined Tactical System Eco Lab Galls George Olsen Construction Government Finance Officers Association Harrison, Sharon Heritage Embroidery Jacobson, Cindy James Middleton & Assoc. Johnson Controls Legislative Associates, Inc. Menards Minnesota Department of Health Minnesota Occupational Health Minnesota Pollution Control Agency Napa Northern Escrow Office Depot Quill Qwest River Valley Printing .verTown eller, Jennifer Roettger Welding Rottlund Company Page 3 General Supplies 2006 Dues Printing & Publishing Shipping Fabric Dome Repairs Fuel First Aid Supplies Replacement Glass on Vehicle Publishing Grading Escrow Refund Equipment Repair Supplies Crime Scene Evaluation Training Aggregate Animal Transport Polytherm Equipment Repair Supplies Refill Laser Equipment Repair Supplies Reimburse for Cell Phone Case Cleaning at Public Works CTS Instructor Course Groundforce Ant Program Maxi Medic Bag Grading Escrow Refund GAAFR Review Reimburse for Travel Expenses Uniforms for Parking Attendants Reimburse for Parking at Training Thermal Rolls UPS battery Backup for MetalSys Professional Services Through 05/31/06 Equipment Repair Supplies Plan Review Fee NIDA Drug Screen Permit Application Fee Equipment Repair Supplies Stillwater Prison Wall Office Supplies Office Supplies Telephone ID Theft Brochures Classified Ad Reimburse for Travel Expenses Equipment Repair Grading Escrow Refund 132.32 100.00 192.00 23.47 378.25 10,186.04 151.38 239.00 46.00 5,000.00 153.34 360.00 542.40 25.00 461.26 261.02 52.19 48.06 31.94 210.00 500.00 346.13 67.79 4,750.00 50.00 1,297.78 108.40 5.00 97.81 328.00 3,833.33 200.48 150.00 50.00 240.00 82.76 34,629.89 461 .34 48.08 220.14 274.77 247.07 65.08 196.49 4,500.00 EXHIBIT n An TO RESOLUTION #2006-113 Sherwin Williams Sprint PCS State of Minnesota CPV Program Stork Twin Cities Testing Streicher's Stripe A Lot Tri-State Bobcat Twin City Saw Co. United Rentals US Bank Vetsch, Sandra Washington County License Center Workwell Occupational Health Services Xcel Yocum Oil Adopted by the City Council this 6th Day of June, 2006 Page 4 White Paint Cell Phone Cooperative Purchasing Venture Fee Professional Services Uniforms Repainting City Crosswalks Filter Equipment Repair Supplies 32 Gal Rubbermaid Containers Administration Fees DARE. Supplies Vehicle Registration Drug Collections Electricity & Natural Gas Fuel TOTAL 102' 510.87 500.00 653.50 106.29 9,334.00 44.60 63.02 376.69 215.63 31.96 14.50 640.00 22,564.27 2,666.10 854,354.78 . . . RESOLUTION 2006-115 APPROVAL OF LIBERTY WEST DEVELOPMENT AGREEMENT BE IT RESOLVED by the City Council of Stillwater, MN that the development agreement by and between the City of Stillwater and Liberty West, LLC (Chris Aamodt for the Liberty West development, as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign said agreement. Adopted by the Stillwater City Council this 6th day of June, 2006. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . . . DEVELOPMENT AGREEMENT RELATING TO LIBERTY WEST BY AND BETWEEN CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA AND . LIBERTY WEST, LLC, A Minnesota Limited Liability Company This agreement was drafted by: David T. Magnuson, #66400 Magnuson Law Firm 333 North Main Street, Suite 202 Stillwater, MN 55082 651/439-9464 . . . . TABLE OF CONTENTS SECTION 1. RECITALS.. .............................................................................................................. 1 The Property............... ............................ .................................. .......... .... ........ .......... ........... 1 Public hnprovements. ...... ................. ..... ................... ........ ......... ..... ..,............... ............ ...... 1 Public hnprovements; Plans, Specifications. ...................................................................... 1 Public hnprovements, Warranty. .............................................. ..... ... .... ............... ....... ........ 2 DEVELOPER' S REPRESENTATIONS. ...... ....... ..... .... .................. ..... .......... ........ .............. .... ..... 2 No Disability. ... ..... ................................. ......... .... ........... ........... ............. ... ....... ................... 2 Execution No Violation. .... ................ ...... ......... ............. ........... ..... ............ .............. .... ....... 2 Litigation. ............................................................................................................................ 3 Compliance. ............................... ............ ...... ... ..... ..... ........... ................. ............ ...... .... ........ 3 SECTION 3. PUBLIC IMPROVEMENT SCHEDULE................................................................. 3 Work Schedule. ................... ..... .... ..... ........ ........... .................. .............. .................. ........ ..... 3 Final Plat Approval. .......... ........ ............ ....... ............ ............... ....... ... ...... ............. ........ .... ... 3 Selection and Control of Contractors.. .... .............. ............... ...... ....... ............. .......... ....... .... 3 Dedication of Work................................ ....... ................... .................. .......... ....... ................ 3 SECTION 4. SECURITY. ....... ........ ........ ...... ........ ...... ..... ........ ....... ....... ................ .... ................. ... 3 Consultant Fees and Charges. ...... ... ..... ......... ......... ................. ... ................ ...... ............ ....... 3 Payment of Charges and Fees. ............................................................................................ 4 Security for Cost of Public hnprovements. ......................................................................... 5 SECTION 5. DEVELOPER'S RESPONSIBILITY. ......................................................................5 Easements. .. .... ............... ..................... .... ........ ... ............... ........... ....... .... ............... ..... ..... ... 5 Street Lights. . ..... ........ ... .......... ......................... ........ ...... ......... ... ......... ......... ......... ..... ......... 5 Mass Grading. . ... ....... ....................... ............. .......................... ..... ....... .... ..... ..... ........... ....... 6 Dedication and Maintenance of Storm Water Ponds. ......................................................... 6 Dedication of Trail Covenants. ........... ... ...... .... ............... ........... ...... .......... ................. ..... ... 6 Driveway Access Agreements. ....... ........ ... ........ ............ .... ...... ...... ........ ............. .... ..... ....... 6 Dedication of Outlot C...... ..... ...... ..... ...... ..... ........... ....... .... .................... ............. .......... ...... 6 Dedication of Outlot B. ..... ..... ..... ...... ...... ..... ...................... ..... ......... ..... .............. ............ .... 6 Engineering Data................................................................................................................. 7 As Built Plan. ...................................................................................................................... 7 Erosion Control Measures During Construction.......... ...... ....... ...... .................................... 7 Homeowner Association. ... ...... ....... ........... ............. ...... ..... ....... ......... ... .......... ............ ... ..... 7 Landscaping. ....................................................................................................................... 7 City Regulations. ... ........... ....... .... ........... ..... ...... .............. .................. .......... .... ......... ........... 7 Maintenance of City or County Facilities. .......................................................................... 8 SECTION 6. WSURANCE... ......... ....... ........ ............ .... ...... ......... .... ............ ........... ....... ................ 8 Insurance. ... .......... ............. ........ ....... ............ ............ ...... .... ..... ... .... ........ ............. .... ........ .... 8 SECTION 7 . INDEMNIFICATION. ... ....... ..... ...... ......... ..... ...... ........... ... ...... .... .... ......... ........... ..... 9 Indemnification. ........... ........ ......... ......... ........... ...... ..... ............... ...... ....... ....... ......... ...... ..... 9 (i) Enforcement by City; Damages. .........................................................................................9 . SECTION 8. EVENTS OF DEFAULT. ......................................................................................... 9 Events of Default Defined... .... .............. ..... ..... .......... ........... ...... ..... ......... ........... .......... ...... 9 Remedies on Default. ............ .... ... ....... ..... ...... .............. ... ......... ............. ..... ....... ............. ..... 9 SECTION 9. ADMINISTRATIVE PROVISIONS. ..................................................................... 10 Notices. . ........ ......... ... .......... ......... .......... ............ .......... ....... ....... .......... ......... ......... ........... 10 SECTION 10. ADDITIONAL PROVISIONS. ............................................................................. 10 Titles of Sections.... .......... ......... ........ ..... ...... ............ ...... ....... ............... ............ ...... .... ....... 10 Counterparts. . ......... ..... ..... .............. ..... ......... ........ ... ... .... ............ ..... .......... ..... ........... ........ 10 Modification............. ..... ..... ................. ....... ... ............ ... ......... ....... .......... ............ .... ........... 10 Law Governing. .............. ........... ..... .... ......... ........ ................... ... ................ ...... ........ .... ..... 11 Severability. .......... ... ........ ...... ...... ...... .................. ......... ... ......... ........ ................ ...... ..... ..... 11 SECTION 11. TERMINATION OF AGREEMENT. .................................................................. 11 Termination. ...................................................................................................................... 11 . . (ii) . . . DEVELOPMENT CONTRACT THIS AGREEMENT, made this day of ,2006, between the CITY OF STILLWATER, a political subdivision of the State of Minnesota, ("City"), and LIBERTYWEST,LLC ("Liberty West") (the "Developer"); WITNESSETH THAT, the parties hereto recite and agree as follows: SECTION 1. RECITALS. 1.01 The Property. The Developer now owns the property described in the attached Exhibit "A" comprising 7.80 acres located within the Single Family Cottage Residential Zoning District in the City of Stillwater, Washington County, Minnesota. The Developer has been granted preliminary plat approval for the subdivision of the property into 19 lots with development consistent with the requirements ofthe zoning district. 1.02 Public Improvements. The City is willing to allow the Developer to construct and install the Public Improvements ("Public Improvements"). A description of the Public Improvements and estimate of costs are attached as Exhibit "B". 1.03 Public Improvements: Plans. Specifications.All public improvements must be installed in accordance with the Plans and the City's subdivision regulations and specifications for utilities and street construction. The Developer must submit plans and specifications for utilities and street construction prepared by a registered professional engineer and must be approved by the City Engineer. The Developer must obtain any necessary permits from the Minnesota Pollution Control Agency, Minnesota Department of Health, the Watershed District and other agencies before proceeding with construction. The City will have an inspector or engineer ("Project Representative") inspect the work at the Developer's expense. The Project Representative shall have authority to interpret the applicability of City subdivision regulations to the public improvements during construction, issue appropriate field directions to contractors, and to require that all work is constructed in conformity with the approved plans and specifications. B. Prior to beginning construction, the Developer or the Developer's engineer must schedule a preconstruction meeting with all parties concerned, including the City staff and engineers, to review the program for the construction work. Within 30 days after the completion ofthe improvements, which is deemed to mean the final lift of bituminous surface, the Developer must supply the City with a complete set of reproducible "as constructed" plans, in digital format acceptable to the City Engineer. Iron monuments must be installed in accordance with state law. The Developer's surveyor must submit a written notice to the City certifying that the monuments have been installed. 1 c. The City will provide the services of a Project Representative at the site to provide more continuous observation of the Contractor( s) work. Charges for this service will be billed to Developer at the current hourly rate adopted by the City. The Resident Project Representative's dealings in matters pertaining to the on-site work will in general, be only with the City and the Developer, and dealings with contractors will only be through or with full knowledge ofthe Developer. Through the observations of the work in progress and field checks of materials and equipment by the Project Representative will endeavor to provide further protection for the City against defects and deficiencies in the work of the Contractor; but the furnishing of this representation will not make the City responsible for construction means, methods, techniques, sequences or procedures or for safety precautions or programs or for the Contractor's failure to perform work in accordance with the Contract Documents. The Developer must pay the City for inspection services. D. The City must be provided a minimum of24 hours notice prior to the commencement of underground pipe laying; and prior to sub grade, gravel base, and bituminous surface construction. Developer's failure to comply with the terms of this section will permit the City Engineer to issue a stop work order which may result in rejection of the work and which will obligate the Developer to take all reasonable steps, as directed by the City's Engineer, to insure that the improvements are constructed and inspected pursuant to the terms of this Agreement. 1.04 Public Improvements. W arrantv. Developer agrees that the Public Improvements will be done in a workmanlike manner and that all materials and labor will be in strict conformity to the specifications and any requirements set forth by the City. All work is subject to the inspection and approval ofthe City Engineer, who is vested with authority to suspend or stop work on the project if any condition of this contract is breached or any law or administrative rule is violated. Inspections will be completed by the City within two (2) business days of request. If any material or labor that is supplied is rejected by the City Engineer as defective or unsuitable, then the rejected materials must be removed and replaced with approved material, and the work will be done anew to the satisfaction and approval ofthe City Engineer at the sole cost and expense of the Developer. This warranty will extend for one year beyond the final acceptance of the Public Improvements by the City. SECTION 2. DEVELOPER'S REPRESENTATIONS. THE DEVELOPER REPRESENTS TO THE CITY THAT AS OF THE DATE OF THIS AGREEMENT, THE STATEMENTS SET FORTH IN THIS SECTION ARE TRUE. 2.01 No Disabilitv. The Developer is the fee owner of the property and know of no legal disability that would prevent them from carrying out this Agreement. 2.02 Execution No Violation. The execution, delivery and performance ofthis Agreement do not and will not result in any breach of, or constitute a default under, any indenture, mortgage, contract, agreement or instrument to which the Developer is a party. 2 . . . . 2.03 Liti1!ation. There are no pending or, to the knowledge of the Developer, threatened actions or proceedings before any court or administrative agency which will materially adversely affect the financial condition, business or operation of the Developer or the ability of the Developer to perform his obligations under this Agreement. 2.04 Compliance. The Developer will comply with and promptly perform all of its obligations under this Agreement and all related documents and instruments; comply with all conditions of subdivision and Planned Unit Development approval; and comply with any applicable requirements of the Brown's Creek Watershed District. SECTION 3. PUBLIC IMPROVEMENT SCHEDULE. A. The Developer will install Public Improvements according to a schedule provided by Developer and Developer's contractor (but consistent with Section 3.02, below), and approved by the City Engineer and the standards set forth in this section. . 3.02 Work Schedule. Approval of the work schedule for the Public Improvements by the City Engineer will be required before construction begins. In the event that Developer fails to complete any element of the Public Improvements according to the completion schedule, the City, at its option, will upon ten (10) days written notice from the City Engineer within which the Developer will have the opportunity to cure, has the right to draw upon any Security provided pursuant to S4.03 ofthis Agreement for the costs associated with completion ofthe work referred in this section. Upon satisfactory completion of the work, the City will have the right but not the obligation to terminate this Agreement. In all events, all work on the Public Improvements (except wear course) must be substantially complete by November 30, 2006. 3.03 Final Plat Approval. Provided that the Developer is not in default ofthis Agreement, the City will approve the final plat in advance of acceptance of the streets and utilities within the plat subject to any conditions of final plat approval imposed by the City. 3.04 Selection and Control of Contractors. The City has approved Burschville Construction as the general contractor for construction of the Public Improvements. 3.05 Dedication of Work. Each element ofthe Public Improvements will become as a matter of law, dedicated to the public upon acceptance of the completed work by the City and the Developer will be deemed to have no right, title or interest in or upon any element of the dedicated Public Improvements. SECTION 4. SECURITY. . 4.01 Consultant Fees and Char1!es. The Developer will pay to the City, within thirty (30) days of being invoiced, as reimbursement for consultant fees incurred by the City in behalf of or at the request of the Developer, including the costs of engineering, legal and testing services, oversight and inspection of grading, erosion control and any other development related improvement as well as reasonable expenses associated with inspection and supervision of construction and reinspection by the Project Representative for one (1) year beyond the 3 acceptance of the completed work. Charges will be invoiced at the current hourly rates for .' each service as approved by the City. 4.02 Payment of Chan~es and Fees. Prior to the City signing the Final Plat, Developer must pay the following charges and fees: A. Trunk Charges: AUAR Trout Stream Mitigation Charge Trunk Sanitary Sewer and Water Main Charges Transportation Adequacy Fund (Based on development of 7 .80 acres) $8,234 per acre $11,075 per acre $64,225.20 $86,385.00 $14,000 per acre $109,200.00 $259,810.20 At the request of the Developer, transportation adequacy charges will be assessed against the lots within the Development at the rate of $5,747.37 per lot. The assessment will be payable in 3 annual installments and certified to the County Auditor for collection with the real estate taxes. The assessments will also be due upon sale of each lot. B. Seal Coating. In order to protect that portion of Ten ding Green from early failure by reason of extraordinary wear caused by construction traffic, the Developer agrees to pay to the City upon execution ofthis Agreement the sum of$2,300.00 to be utilized by the City to the cost of seal coating Tending Green. The City expects the seal coating to be done no later than the seventh year of its life. . C. Park In Lieu Charge. In addition to the dedication ofland required by Section 5.07, the Developer must pay to the City the sum of $20,000.00, which amount the City covenants to expend for park improvements within Liberty West. In lieu of direct payment, and on or prior to November 30, 2006, Developer may (i) obtain City park board approval of plans for park improvements planned by Developer within Liberty West; (ii) complete construction of approved park improvements in conformity with the approved plans. No such Developer constructed park improvements may be installed prior to receipt of park board approval. The City's Community Development Director shall review invoices received and payments made by Developer for any such approved and installed park improvements for purposes of confirmation that not less than $20,000.00 in bone fide expenses have been incurred by Developer. No final release of the project security will be approved unless and until the City has received Developer's payment of the above park charge and/or confirmed Developer's payment for installed park improvements. D. Retaining Wall Deposit. In the event that a retaining wall is not constructed by the Developer as part of the Site Improvements along County Road 15, the Developer must deposit with the City (in an interest bearing account), the sum of $90,000.00. This sum, is estimated by the City Engineer to be the cost of constructing the retaining wall in the future. In the alternative, the costs may be secured by a letter of . 4 . credit or other security as approved by the City Attorney. Once the retaining wall has been constructed the security will be released to the Developer. If the wall is not constructed by the Developer within one year of notice by the City to do so, the City may construct the retaining wall or cause it to be constructed and pay all associated costs with the Developer's deposit. In the event Developer has not previously received notice to construct the wall, and neither the City or Washington County have let any contract for the construction of such a wall for completion during or prior to 2010, the deposit, and accrued interest, shall be returned to Developer. In the event the wall is constructed by City or Washington County prior to December 31, 2010 at a cost less than $90,000.00 (and any accrued interest thereon), the balance (including accrued interest)shall be refunded to Developer. . 4.03 Security for Cost of Public Improvements. Developer must, prior to the City or the Developer beginning work on any Public Improvements, provide the City with cash, letter of credit or other surety, with the form of any non--cash surety to be satisfactory to the City Attorney in the sum of one hundred twenty five percent (125%) ofthe estimated cost ofthe Public Improvements. Developer and City acknowledge that the accepted construction bid from Burschville Construction, including site grading, sanitary sewer, watermain, storm sewer, streets and restoration, and the retaining walls and walking bridge totals $689,208.25, and the required security/surety amount is thus $861,720.31. The surety must be a guaranty to the City that the Public Improvements will be timely completed to the City's satisfaction. The cash, letter of credit or other surety must be maintained continuously by the Developer until the Public Improvements are completed to the City's satisfaction. The cash, letter of credit or other surety for Public Improvements may be released upon certification of the City Engineer that items are satisfactorily completed pursuant to this Agreement. Periodically, as payments are made by the Developer for the completion of the Public Improvements, Developer may request of the City that the surety be reduced for the work which has been fully completed and for which payment has been made, provided that not less than $50,000.00 of the surety shall be maintained until the expiration of Developer's warranty. A Letter of Credit or other surety must permit the City to draw upon it for the full face amount ofthe cost of curing any default ofthe Developer upon ten (10) days written notice to the Developer of its opportunity to cure, with respect to performance items or seventy-two (72) hours written notice with respect to erosion control violations as described in ~5 .11. SECTION 5. DEVELOPER'S RESPONSIBILITY. 5.01 Easements. The Developer must furnish to the City upon request and without charge, all permanent easements over property owned or controlled by them as designated in the plans and specifications, and deeds to property deemed necessary by the City for the location, construction, installation and operation of the Public Improvements, in form and content satisfactory to the City Attorney. . 5.02 Street Lil!hts. The Developer will furnish a street lighting system for the development according to the design and specifications ofthe City Engineer. The street lighting system may be owned, constructed and operated by the electric utility company serving the project 5 area and in this event the City and the utility company must enter into a contractual . agreement on the rate and maintenance of the street lighting system. In the alternative, the street lighting system must be dedicated to the City upon acceptance of the system as complete by the City Engineer. 5.03 Mass Gradinl!. Prior to the commencement of construction of any Public Improvements, the Developer at their expense must complete the grading of the entire project area in conformity with grading plans by Stevens Engineers dated April 28, 2006 which have been approved by the City Engineer, including the building sites, storm water holding ponds, surface drainage ways, private driveways, municipal streets, and other areas that will be disturbed as part of the construction of any improvements. This grading must be done with a maximum of two (2) foot contours, building pad elevations, drainage provisions, and erosion control provisions. 9 5.04 Dedication and Maintenance of Storm Water Ponds. Upon completion of the construction of any storm water ponds and upon acceptance of the work by the City Engineer, the Developer must dedicate, either by the final plat or separate instrument, an easement for storm water and drainage purposes over the area within ponds and related drainage swales or ditches provided that the Developer has provided to the City Engineer a storm water pond maintenance plan obligating the Developer or future owners to the continued maintenance of the storm water ponds and related swales and ditches. 5.05 Trail Construction and Dedication of Trail Covenants. The planned trail commencing at . the northwest corner of the site, making a direct connection between the City Trail System and the public park located within Liberty West, and marked as such on the approved plans, must be constructed with bituminous surfacing and, upon completion and acceptance, a public easement thereover shall be recorded in favor of the City. Sidewalks fronting on public streets, and located within public right-of-way must be constructed with concrete surfacing. Internal trails that will be reserved as private may be constructed with concrete or bituminous surfacing, and the Developer must obligate a homeowner's association, by restrictive covenant in a form and content satisfactory to the City Attorney, to continued maintenance of such internal trails. The Developer may reserve a trail easement over portions of Outlot B for the purpose of constructing connecting trails in two (2) locations as shown in the plans from private trails to the City Trail System. 5.06 Drivewav Access Al!reements. Developer must prepare and record joint driveway access agreements, in a form and content satisfactory to the City Attorney for any joint access driveways to be constructed by the Developer. 5.07 Dedication of Outlot C. The Developer must dedicate open space Outlot C to the City by separate instrument that may retain a restriction satisfactory in form and content to the Developer that will prevent the City from cutting trees on the outlot except for trees needing removal because of disease, public danger or clear public necessity. . 6 . . . . 5.08 Dedication of Outlot B. The Developer must convey Outlot "B" to Washington County (subject to Sections 4.04 (D) and 5.05, abovefor the necessary right-of-way of County Road 15. 5.09 En2:ineerin2: Data. The Developer, through their Engineer, must provide all staking, surveying and other information required by the City Engineer in order to insure that the complete improvements conform to the approved plans and specifications. 5.10 As Built Plan. Within sixty (60) days after completion of construction, Developer through their contractor or engineer, must prepare and file with the City a full set of "as built" plans, including a mylar original and electronic drawing showing the installation of improvements and the location of service laterals within the plat. Failure to file the "as built" plans as required by this section will be grounds for the City to suspend the issuance of building permits and certificates of occupancy within the plat until this condition is fulfilled. 5.11 Erosion Control Measures Durin2: Construction. Developer agrees that they will construct erosion control devices in conformance with the approved construction plans for the Public Improvements. This plan must protect any adjacent ponds and wetlands from erosion, pollution and siltation throughout the construction ofthe Public Improvements. Any deficiency or failure of erosion control must be corrected within seventy-two (72) hours of written notice or the City may draw upon the Security provided under 94.03 of this Agreement in the amount of the costs incurred in curing the deficiency. 5.12 Homeowner Association. The Developer must create a Homeowner's Association and obligate the Association to assume responsibility for maintenance of any common areas that are conveyed to it by the redeveloper including trails, open space and ponds. The documents creating the Homeowner's Association and any associated Declaration of Covenants must be reviewed and approved by the City Attorney before being executed by the Developer and filed with the County Recorder. 5.13 Landscauin2:. The Developer must install all landscaping in compliance with the Plans and provide, through restrictive covenants, that the landscaping will be well maintained and not planted so as to interfere with site drainage or storm water improvements. 5.14 City Re2:ulations. Developer acknowledges that the property is regulated by the City and that a default under City ordinances or condition of approval of any permit is a default as defined in this Agreement, including: A. The April 28, 2006 grading and erosion control plan prepared by Stevens Engineers, and approved by the City Engineer, shall be implemented. B. If required by law, a national pollution discharge elimination system general storm water permit for construction activity must be obtained from the MPCA before grading begins. 7 . C. Compliance with any mitigation measures required by Brown's Creek Watershed District. . D. The Developer must comply with all conditions of approval imposed by the City as part of any permit or approval granted by the City during approval of the development. E. Before beginning work on the Public Improvements, the Developer must have satisfied any City park dedication requirements whether by land dedication or payment in lieu of dedication. F. Pay to the City, before building permits are issued, for any structure within the development any sewer or water availability charges and any oversizing or hookup charges imposed by the City. G. Comply with all conditions of approval of City plat approval, Case No. SUB/05-75 and PUD approval Case No. PUD/05-75. 5.15 Maintenance of City or County Facilities. A. The Developer will be responsible for any damage caused to any City or County facilities or improvements including roads, storm water systems, sewer and water facilities whether done by the Developer, their contractors, agents or employees and for any repair or clean up costs or expenses incurred by the City or County in taking remedial action. However, the Developer will not be responsible for damage due to the negligent conduct of the City, its agents, employees or contractors. . B. The Developer must periodically sweep streets within the Development, streets within Liberty leading into the Development and County Road 15 (as permitted by Washington County) in order that the streets be free from debris, stone, rocks and other hazards. During construction the sweeping must be done at least once per week unless directed otherwise by the City Engineer. SECTION 6. INSURANCE. 6.01 Insurance. Developer and their contractors will provide and maintain or cause to be maintained at all times during the process of constructing the Public Improvements and, from time to time at the request of the City, furnish the City with proof of payment of premiums on: A. Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's policy with limits against bodily injury and property damage of not less than $1,000,000 for each occurrence (to accomplish the above-required limits, an umbrella excess liability policy may be used), and shall be endorsed to show the City as an additional insured to the extent of its interest. . 8 . . . B. Comprehensive general public liability insurance, including personal injury liability for injuries to persons and/or property, including any injuries resulting from the operation of automobiles or other motorized vehicles involved in work on the Public Improvements, in the minimum amount for each occurrence of$1 ,000,000, and shall be endorsed to show the City as an additional insured to the extent of its interest. c. Workers' Compensation insurance respecting all employees in amounts not less than the minimum required by statute. SECTION 7. INDEMNIFICATION. 7.01 Indemnification. Developer agrees to defend and hold the City, and its officials, employees and agents, harmless against any and all claims, demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable attorney's fees, arising out of actions or omissions by Developer, their employees and agents, in connection with the Public Improvements. 7.02 Enforcement bv City: Damal!es. The Developer acknowledges the right of the City to enforce the terms of this Agreement against the Developer, by action for specific performance or damages, or both, or by any other legally authorized means. The Developer also acknowledges that their failure to perform any or all of its obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developer, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that the expenses may include, but are not limited to, the reasonable fees oflegal counsel employed with respect to the enforcement ofthis Agreement. SECTION 8. EVENTS OF DEFAULT. 8.01 Events of Default Defined. The following will be "Events of Default" under this Agreement and the term "Event of Default" will means, whenever it is used in this Agreement, anyone or more of the following events: A. Failure by Developer to commence and complete construction of the Public Improvements pursuant to the terms, conditions and limitations of this Agreement. B. Failure by Developer or the City to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. C. In each event Developer will be afforded ten (10) days after receipt of written notice to cure the violation and avoid a default. 8.02 Remedies on Default. Whenever any Event of Default occurs, the City or the Developer may take anyone or more of the following actions: 9 A. Suspend work on the project, and suspend issuance of building permits until it receives assurances from the Developer, deemed adequate by the City, that the Developer will cure a default. . B. Take action, including legal or administrative action, necessary to secure performance of any provision of this Agreement or for the City to recover any amounts due under this Agreement from Developer or under the Security described in 94.03. C. Undertake to complete the Public Improvements itself, through its agents or through independent contractors and before the undertaking, draw upon the Security described in 94.03 for the full amount ofthe estimated work. SECTION 9. ADMINISTRATIVE PROVISIONS. 9.01 Notices. All Notices, certificates or other communications required to be given to the City and the Developer must be sufficiently given and will be deemed given when delivered, or when deposited in the United States mail in registered form with postage fully prepaid and addressed, as follows: If to the City: Larry D. Hansen, City Administrator City of Stillwater 216 N. 4th Street Stillwater, MN 55082 . If to Developer: Chris Aamodt Liberty West, LLC 6428 Manning Avenue North Stillwater, MN 55082 The City and the Developer by notice given to the other, may designate different addresses to which subsequent notices, certificates or other communications will be sent. SECTION 10. ADDITIONAL PROVISIONS. 10.01 Titles of Sections. Any titles of the several parts of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its proVISIOns. 10.02 Counteruarts. This Agreement is executed in any number of counterparts, each of which will constitute one and the same instrument. 10.03 Modification. If Developer is requested by the holder of a mortgage or by a prospective holder of a prospective mortgage to amend or supplement this Agreement in any manner whatsoever, the City will, in good faith, consider the request, provided that the request is . consistent with the terms and conditions of this Agreement. 10 . . . 10.04 Law Governin!!. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 10.05 Severability. In the event any provision ofthis Agreement is held invalid or unenforceable by any court of competent jurisdiction, holding will not invalidate or render unenforceable any other provisions. SECTION 11. TERMINATION OF AGREEMENT. 11.01 Termination. This Agreement will terminate at the time all ofthe Developer's obligations have been fulfilled and when the cost ofthe Public Improvements have been paid in full and any default of the Developer has been cured, or one (1) year after acceptance of the Public Improvements by the City, whichever occurs later. IN WITNESS WHEREOF, the City has caused this Agreement to be executed in its corporate name by its duly authorized officers and sealed with its corporate seal; and the Developer has executed this Agreement at Stillwater, Minnesota, the day and year first above written. CITY OF STILLWATER By (SEAL) Jay L. Kimble, Its Mayor and Diane F. Ward, Its City Clerk DEVELOPER LffiERTY WEST, LLC, a Minnesota limited liability company By: Chris Aamodt Its: General Manager 11 STATE OF MINNESOTA ) ) ss. ) COUNTY OF WASHINGTON On this _ day of , 2006, before me, a Notary Public within and for said County, appeared Jay L. Kimble and Diane F. Ward, to me personally known, who, being byme duly sworn, did say that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of ,2006, before me, a Notary Public within and for said County, appeared Chris Aamodt, General Manager of Liberty West, LLC, a Minnesota limited liability company, who, being duly sworn, did say that he is the Developer named in the foregoing instrument and that this instrument was signed as the free act and deed ofthe Developer. Notary Public 12 . . . . . . Memo DATE: June 6, 2006 TO: Mayor and City Council Chantell Knauss~ Director of Administration FROM: RE: Memorandum of Understanding between the City of Stillwater and the AFSCME (Local 517) Bargaining Unit Back2:round The attached Memorandum of Understanding has been negotiated with the AFSCME unit to establish language applicable to the promotion of John Nobles, Asst. Building Inspector to Building Inspector. The City Charter does allow the City Administrator to promote staff without approval from City Council. However, because this is an amendment to a previous Labor Agreement, it is coming before the Council, as all contracts need Council approval. Recommendation Staff recommends the City Council adopt the attached resolution approving the Memorandum of Understanding. RESOLUTION NO. 2006 - 117 APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF STILLWATER AND LOCAL 517 COUNCIL NO.5 OF THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the attached Memorandum of Understanding between the City of Stillwater and Local 517 Council 5 of the American Federation of State, County and Municipal Employees, AFL- CIG in regard to the application of the AFSCME Labor Agreement (January 1, 2004 - December 31, 2006), Article 11.6 to John Nobles' promotion to Building Inspector. Adopted by the City Council this 6th day of June 2006. Jay Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . . . . . . MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF STILLWATER, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, COUNCIL NO.5, LOCAL 517 AND BARGAINING UNIT MEMBER JOHN NOBLES. SUBJECT: APPLICATION OF AFSCME LABOR AGREEMENT(January 1, 2004 - December 31, 2006), ARTICLE 11.6 TO JOHN NOBLES' PROMOTION TO BUILDING INSPECTOR APPLICABILITY: The provisions of this Agreement apply only to John Nobles and his promotion to the Building Inspector classification. WHEREAS: Article 11.6 of the 2004 - 2006 Labor Agreement states, "In the event an employee is promoted to a higher classification, the employees compensation shall be increased by 5% to the next highest step of the higher classification; AND WHEREAS: A promotion of John Nobles from the 3-year Step of Assistant Building Inspector ($3,673/month) to the 6-month Step ($3,848/month) of Building Inspector is less than the 5% set forth in Article 11.6, by the minimal amount of $8.65/month; STATEMENT OF UNDERSTANDING: Given the above, the Union, John Nobles and the City agree that the $8.65/month shortage does not require step placement on the 1-year Step for Building Inspector. Rather, the $8.65/month shall be added to the 6-month Step amount for just this instance for Mr. Noble's promotion. Therefore, Mr.. Nobles shall be paid $3,856.65/month rather than $3,848/month for the 6-month Step. Mr. Noble's promotion to the Building Inspection classification shall be effective as of May 1, 2006, and he shall serve a probationary period of 12 months. On November 1, 2006, after having served six months in the classification of Building Inspector, Mr. Nobles will be paid at the 1- year Step ($4,074/month) in accordance with the Labor Agreement. Page 1 of 2 . This Memorandum of Agreement is based upon the unique circumstances of the present case and shall not constitute a precedent with respect to any other claim, grievance or dispute arising between the City and the Union or any member of the bargaining unit covered by the collective bargaining agreement between the City and the Union. SAVINGS: All other terms of the Labor Agreement shall be in full force and effect. FOR THE CITY OF STILLWATER: FOR AFSCME (LOCAL NO. 517): ~2~ John Nobles Date: Date: . . Page 2 of 2 STAFF REQUEST ITEM .EPARTMENT: PlanUCity Hall DA TE: June 6, 2006 DESCRIPTION OF REQUEST (Briefly outline what the request is): Release of Capital Outlay funds for the upgrade of City Hall back door (Employee entrance) and hardware, including lock. Cost: $1,550 .NANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and e proposed source of the funds needed to fund the request) This item was budgeted in 2006 Capital Outlay. The quote is less than what was budgeted. ADDITIONAL ITEMS ATTACHED: YES x NO ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. ~ SUBMITTED BY Chantell Knauss, Director of Administration DATE: June 6, 2006 . JUr~-5-2005 10: 12A FROM: TO: 16514308809 Chris Amdahl Locksmith, Inc. P.O. Box 245 Stillwater, MN 55082 (651)439-6926 or (715) 386-5625 June 5, 2006 City of Stillwater 216 North 4th Street Stillwater, MN 55082 RE: steel door and panic device Dear City of Stillwater, Please review the following bid. - Furnish, install, and paint 1 (one) new steel door $1,020.00 - Furnish and install 1 (one) new panic device with Primus lock cylinder and pull $455.00 - furnish and install! (one) kick plate $75.00 Please call my office if you should have any questions. hris B. Amdahl Chris Amdahl Locksmith, Inc. LOCATIot,j: RX TIME 06/05 '06 11:12 P.2 . . . . . . Compressor Care 83 Outer Dr. Silver Bay, MN 55614 218-226-4695,800-526-6395 E-mail: northshorecompressor@mchsLcom Are vou protected when vou rellll vour tanksil Fill station with shutofTvalve Fill station with control panel These units are set up so that they will not operate unless securely closed. We also have them in a single tank model, again with either a control panel or not. These may be truck or floor mounted. We save you cost, not quality on these long lasting, reliable Class II containment centers. WE DO ON SITE SERVICE AND MAINTENANCE. JUly 2005/ Pall 2 . STAFF REQUEST ITEM I Department: MIS I Date: June 2, 2006 DESCRIPTION OF REQUEST (Briefly outline what the request is) Renew contract with Quest for point to point T1 between Public Works and City Hall. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Currently we are paying $339.56 per month. With this new three year contract we will pay $244.90 per month. ADDITIONAL INFORMATION ATTACHED Yes X No -- . ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Rose Holman Date: 6/2/06 . Acknowledgment Number: QWEST CORPORATION INTERSTATE PRIVATE LINE TRANSPORT SERVICES PRICING PLAN ACKNOWLEDGMENT City of Stillwater Customer's Legal Name ("Customer") . Customer hereby orders from Qwest Corporation ("Owest") the Owest Interstate Access Service ("Service") indicated below ("Acknowledgement"). Customer understands and agrees that Owest provides Service solely under the regulations, rates, and charges of Interstate Access Tariff F.C.C. NO.1 ("Tariff'). In the event of a conflict between this Acknowledgment, Owest Records and/or the Tariff, the Tariff prevails. Service is subject to the Credit Allowance for Service Interruptions in the Tariff which provides Customer's sole and exclusive remed for interru tions of an kind to the Service. SERVICE REQUESTED Choose one Service er form VIDEO DATA SERVICES o Broadcast Video Service o Broadcast Digital Transport o HDTV-NET SDI ANALOG/DATA SERVICES o Analog Private Line Service o Analog Voice Grade (Select Plan) o SVDS / (Select Speed) o Di ita I Data / Select Seed Provide Service between 216 N 4th St, Stillwater and 3325 Boutwell Rd N, Stillwater (Owest will provide and maintain the Service at the locations and quantities as requested by Customer and evidenced by Owest records, hereby incorporated by reference.) Billing No. 612 E12-3414-5041 Circuit ID 15..HCGX.114188.NW Optional Features: (Insert any optional features ordered such as SHARP, COMMAND A LINK, etc.) Comments: Insert an s ecial instructions/notes o If checked, additional Service information is attached to this Acknowledgment, however, attachments will not add to or change the regulations, rates, terms, and/or charges of the Tariff. rgJ If checked, Customer hereby certifies that Service listed above qualifies for exemption of the Private Line Surcharge in accordance with the Tariff under exemption category E6. Written notification will be provided to Owest at such time the exemption is no longer a licable due to chan es or re-termination of an Service. HIGH CAPACITY SERVICES rgJ DS Level DS1/1.544 Mbps o SST/ (Select OC-N) o SHNS/ (Select OC-N) RATE PLAN The following Monthly and Nonrecurring Rates ("Rates") for Service reflect the Rates currently in effect in the Tariff. Custom understands the actual Rates will be the Rates in effect in the Tariff on the first date of installation of Service, or for existing Service, the date the service order is completed by Owest. Customer will also pay Owest all applicable taxes, usual and customary surcharges, and all government imposed fees and charges that relate to the Service or installation rendered hereunder, excluding the Private Line Surcharge, if Customer qualifies, and if that box is appropriately checked on this Acknowledgment. Total Monthly Rate: $244.90 as of 05/19/2006 Total Nonrecurring Rate: $0.00 as of 05/19/2006 Customer has selected a Pricing Plan ("Plan") which protects the Monthly Recurring Rate from Owest initiated Rate increases for thirty six months ("Plan Term"). Customer understands that if Customer disconnects Service, in whole or in part, prior to the completion of the Plan Term, the Tariffs termination liability charges may apply. If Customer: (a) cancels an order for Service prior to the date Service is available for use; or (b) is unable to accept Service within 30 business days after the original service date, the Tariffs cancellation charges may apply. Customer has chosen a Plan based on a specific term commitment and as such understands the rates provided herein are based upon Customer completing an entire Plan Term for the subject Service; therefore, ANY ADDITIONS TO SERVICE WILL REOUIRE A NEW ACKNOWLEDGMENT FORM DESIGNATING THE APPLICABLE PLAN TERM. Any dispute arising out of, or relating to, this Acknowledgment will be settled by arbitration to be conducted in accordance with the Judicial Arbitration and Mediation Services ("JAMS") Comprehensive Arbitration Rules. The Federal Arbitration Act, 9 U.S.C. Sections 1-16, not state law, will govern the arbitrability disputes. The Acknowledgment will otherwise be governed by the laws of the state where Service is provided, without regard to its choice of law principles; provided however, that Service may also be subject to the Communications Act of 1934, as amended. The costs of the arbitration, including the arbitrator's fees, will be shared equally by the parties; provided, however, that each party will bear the cost of preparing and presenting its own claims and/or defenses (including its own attorneys' fees). The venue for arbitration will be designated by the party not initiating the action with the exception of any billing collection disputes, which will be conducted in a location in Denver, Colorado. The venue location designated must be in a metropolitan area in which JAMS offers its dispute resolution services. A single arbitrator engaged in the practice of law, who is knowledgeable about the subject matter of the Acknowledgment, will conduct the arbitration. The arbitrator is bound to apply and enforce the terms of the Acknowledgement. The arbitrator's decision will be final, binding, and enforceable in a court of competent jurisdiction. If a party is required to enforce compliance with this Section (including nonpayment of an award), then the non-complying party must reimburse all of the costs and expenses incurred by the party seeking such enforcement (including reasonable attorneys' fees). . Copyright @ 2005 Owest. All Rights Reserved. Page 1 of 3 v1.101805 This Acknowledgment constitutes the entire understanding between Owest and Customer with respect to Service provided herein and supersedes any prior acknowledgments, agreements, or understandings. Neither party will, without the prior written consent of the other party: (a) issue any public announcement regarding this Acknowledgment or use the name or marks of the other party or its affiliates; or (b) disclose or use (except as expressly permitted by, or required to achieve the purposes of, the Acknowledgment) the .onfidential Information of the other party, during the term of the Acknowledgment and for two years thereafter. Such consent may nly be given on behalf of Owest by its Legal Department. "Confidential Information" means any information that is not generally available to the public, whether of a technical, business or other nature and that: (c) the receiving party knows or has reason to know is confidential, proprietary or trade secret information of the disclosing party; and/or (d) is of such a nature that the receiving party should reasonably understand that the disclosing party desires to protect such information against unrestricted disclosure. Confidential Information will not include information that is in the public domain through no breach of this Acknowledgement by the receiving party or is already known or is independently developed by the receiving party. Customer may not assign this Acknowledgement or any of its rights or obligations hereunder without the prior written consent of Owest which will not be unreasonably withheld. Customer may not assign to a reseller or telecommunications carrier under any circumstances and represents that it will not resell the Service. City of Stillwater Owest Corporation Authorized Signature Authorized Signature Name Typed or Printed Name Typed or Printed Title Title Date Date . . Copyright @ 2005 Owest. All Rights Reserved. Page 2 of 3 v1.101805 Agreement Number: MN53085 QWEST CIRCUIT INVENTORY BILLING Surcharge TELE- QTY. Exemption PHONE or Code, if NO. (BTN) ADDRESS/CIRCUIT ID CIRCUIT TYPE Channel Terminations applicable * 612 E12- 216 N 4m Street. Stillwater /15.HCGX.114188.NW DS1 1 E6 3414-501 * Customer hereby certifies that Service qualifies for exemption of the Private Line Surcharge in accordance with the Tariff. Written notification will be provided to Owest at such time the exemption is no longer applicable due to changes or re-termination of any Service. . . Copyright @ 2005 Owest. All Rights Reserved. Page 3 of 3 v1.101805 . RESOLUTION 2006-114 APPROVAL OF RENEWAL LEASE WITH QWEST BE IT RESOLVED by the City Council of Stillwater, MN that the renewal lease by and between the City of Stillwater and Quest for point to point T-1Iine, as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign said agreement. Adopted by the Stillwater City Council this 6th day of June, 2006. Jay L. Kimble, Mayor ATTEST: . Diane F. Ward, City Clerk . . . . Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 444 Cedar St-Suite 133 St. Paul, MN 55101-5133 (651)296-9519 Fax (651)297-5259 TTY (651)282-6555 APPLICATION AND PERMIT FOR A TEMPORARY ON.SALE LIQUOR LICENSE DATE ORGANIZED ~. 199~ CITY s.r,wV, ~ BUSINESS PHONE ('-S;/) "~r ;l~y, TYPE OF ORGANIZATION OCLUB CHARITABLE ORELIGIOUS DOTHER NONPROF ADDRESS S:-O ~~ M:>UI-/l AIO.4~ Ave.. d.. s,.,..-, t.f...4}.otre m", . ADDRESS ?{. $"0 ADDRESS 10 I S. U'r'M. /J.,...c.L s:.r. ~n(.C......l.. ~ /1}v. ~e t. ~n-4 TAX EXEM If 1- I SOd-II STATE fA{ "-l€So-'-~ HOME PHONE (",) 42..0 - 1/f:.J-- ZIP CODE s~""+- CfuLr s.r I ~ nt-I. s tl ,...,..r- Location where license will be used. If an outdoor area, describe tJ "'1-/ i..{ Fi Io/Cf:=!) .~ No rc1..... ' ".v HILf.4 A 0 tdc..c. -fh€.. ~a.(T'~c:r. l&<..kC No(...TN' Will the applicant contract for intoxicating liquor selVices? If so, give the name arid address of the liquor licensee providing the selVice t!"i'r"'O('~C ~$; ~- 'hr- ~ h..oC!.1( . C?-rl~ - -SD........'" 'fIt,;l Sn ~r. hi ,~,. E.c..S I Will the applicant carry liquor liability insurance? If so, the carrier's name and amount of coverage. (NOTE: Insurance is not mandatory.) . APPROVAL APPLICATION MUSf BE APPROVED BY CITY OR COUNTY BEFORE SUBMITI1NG TO ALCOHOL & GAMBLING ENFORCEMENT CITY/COUNTY City of Stillwater DATE APPROVED CITY FEE AMOUNT $25.00 per day LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED Alcohol & Gambling Enforcement Director Note: Do not separate these two parts, send both parts to the address above and the original signed by this division will be returned as the license. Submit to the city or County at least 30 days before the event. PS-09079 (6t . lwater . tilt Ulll..L&CIE OF MIIIN"." 216 N. 4th Street Stillwater.. !tiN 55082 Telep'lOne: 651-430.8800 Fax: 651430-8809 APPLICATION FOR SPECIAL EVENT All items on application MUST be completed and received by the City 45 days prior to proposed event Incomp/ete applications will not be processed Submittal Date: APPL~ANTmFORMAnON Organization Contact Person Address City Daytime Phone ;J1af /.?; ~~. . EmailAddress: J"8f~5kq @ fam!jmean.s.ort::1 V I U Fa/fJiIy.MtAnt; Type of Non-Profit)( . I . Ch.s/< Organization For-Profit ( 1111 me UI<< _g "" /B 7S- N~fhwt.s!crn Ave. b. sti/lwcd-er State N;t/ Zip .s-S-O 8 g ~51-7B'I- 1017 Alternate Number 05/- 139-1540 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 . Ju(J IS-I> / 0 ..2~ Hours of Event I():OO am - 4 :00 pm . (Special Events conducted after 10:00 p.m., require Council approval of a variance to the noise ordinance) Proposed Location of Event (be . specific) 4 lextc/)'ClWtt:.! fiiw/v IIt4I1s _ /g7.S IVdr-thWtWn /h't.. S. ../ ' //201 N/fhf/~;!~ Blv~. 91tJ AI. BfMdWt:lJ; /2/ WI/lard 8/-. rIf '" p;iVedc y,.s/cIu1,es. Type of Event G,a.rdU\ T 0L.t-r" fUrdr~ eSeV'" Estimated number of people to attend If Lowell Park is to be used: North Lowell Park or South Lowell Park (Circle which one or both) 1,000 Following Information must be supplied (Put a check next to items pertaining to your event. If not applicable - Please put NIA in the space) Selling Alcohol niL Temporary Liquor Licenses are ONL Y available to non-profit organizations - $25.00 per day Permit to Consume "I ~ (for the consumption of beer, wine, wine coolers, and hard liquor on public property (parks) - $35.00 fee) J (attach to application) - 1 / h~ffd ttuG aite Map (required) Wfmpact on Parking (required) (CONTINUE ON BACK) Special Signage j h1 Describe: FrJ/nl/llMtVlt; Will Y/ltd Th pIau tlj(lUh~ sr~ns bt(eN{ 'tht( ro!Ak-6. ~/Bns. Nwt- M~ J ,=>pl t.t~ (sttl"darey f>r- ea5>c..( ;nshUltit;.fltrl cAt r~~ov~. ThUf wiJ( b't F vP ~ G>Cl~ ~ 0(dW\ ()t~ -w1Ct-", ol~n ~.5"'" (Qem ~ch a~. location Exiting Points Deep fat frying Other letter of Approval by Property Owner if on Private Property (attach to application) Tents or Membrane Structures Cooking Operations Water Activities (River/lakes) EMS Needs Open Flame or Burning Operations Fireworks Street Closure Police QfficerNeeded Restrooms (Portable) live Entertainment ~ Size ., l P\ Propane qLa River lake Name: Fire Department Standby !ih EMT Standby Ambulance Standby ~ ti/PJ What Streets: (Required if alcohol is being served on public property and attendance is over 75 ,,1_ 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) n/fIt Describe Type of Music 10 CiIl,l I'n 0.0mtVlLU1l~ C~~. level of Promotion/Advertisement ~ AtLvun'sed ; Y\ T Wl V\ Applicant Signatur Community Development City Administrator City Clerk Fire Chief Police Chief Public Works Director Public Works Superintendent Parks Board Approval Required Planning Comm. Appr. Required City Council Approval Required [l] Comments: [J2( 0 k .JAW gO/? E::r !J R uzJ D D D o ~ FEES (if applicable) Permit to Consume: Temporary liquor license $25.00 per day Event Fee Deposit $250.00 Other Fees: . TOTAL FEES . F FamilyMeans Support for Families May 15,2006 To: City of Stillwater Re: Letter of Approval by Property Owner Offices located in Minnesota To whom it may concern; and Wisconsin We are working with three homeowners (listed below) who are opening up their gardens four our annual St. Croix Garden Tour. We do not have written documentation oftheir permission, but plans for the tour have been well-established through countless meetings and preparations. . As for signs, our primary signs will be placed on the property of the homeowners, with their permission. We plan to place the remaining directional signs on public sidewalk grass strips and median accesses where possible. If there is a need for signs to be placed on private property, we will ask verbal permission of the homeowner where applicable. Stillwater homeowners involved in St. Croix Garden Tour: Garden #4: Mary & David Ruch: Garden #5: Paulette & Larry Lappi - Garden #6: Meg Capra Bader & Thomas Bader - Thanks for your attention. If you have any questions, please don't hesitate to contact me. Sincerely, Jaime M.K. Staska Communications Specialist FamilyMeans . 1875 Northwestern Ave. S. Stillwater, MN 55082 . 216 West Myrtle Street Stillwater, Minnesota 55082-4805 Telephone: 651-439-4840 Facsimile: 651-439-4894 E-mail: familymeans @familymeans.org 10 United Way .,.,.,.. .~r;} > - ~7 . ~ ! ~ \ I 0 , i -S a \ \\ ~ ~ / \' I '\ '/' ~ ..- ":-""'-_./:.- . . . . . . RESOLUTION NO. 2006-116 RESOLUTION VACATING A UTILITY EASEMENT WITHIN LOT 1, BLOCK 1, LIBERTY VILLAGE 3RD ADDITION WHEREAS, a Petition was presented praying for vacation of Drainage and Utility Easement within the City of Stillwater, Minnesota hereinafter described; and, WHEREAS, the City Council determined that the Petition was sufficient; and that the City is a Home Rule Charter City of the Third Class and that it was proper for them to proceed with the vacation pursuant to law; and WHEREAS, at a meeting called for that purpose on the 16th day of May, 2006, the City Council determined that the proposed vacation would not interfere or defeat the public interest or adversely effect the public, and that it would be in the best interests ofthe City of Stillwater that the Drainage and Utility Easement be vacated. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the Petition be granted and that the following Drainage and Utility Easement, as presently laid out and platted, be and the same is hereby vacated: See Exhibit A attached. BE IT FURTHER RESOLVED, that a certified copy of this Resolution must be recorded in the office of the County Recorder of Washington County, Minnesota. Adopted by affirmation vote of all members of the City Council this 6th day of June, 2006. CITY OF STILLWATER Jay L. Kimble, Mayor ATTEST: Diane F. Ward, Clerk EXHIBIT A . . . . . . 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FAX: 651-439-4061 To the Mayor and City Council City of Stillwater, Minnesota In compliance with Article XIII, Section 12 of the City Chapter, I respectfully submit the Financial Statement of the Board of Water Commissioners for the year ended December 31,2005. Sencerely, ~~~ Robert Benson . Secretary . . BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER FINANCIAL STATEMENTS AND SUPPLEMENTARY INFORMATION YEARS ENDED DECEMBER 31, 2005 AND 2004 . . . . . BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER TABLE OF CONTENTS YEARS ENDED DECEMBER 31, 2005 AND 2004 INTRODUCTORY SECTION ORGANIZATION SCHEDULE 1 FINANCIAL SECTION INDEPENDENT AUDITORS' REPORT 2 MANAGEMENT'S DISCUSSION AND ANALYSIS 3 BASIC FINANCIAL STATEMENTS BALANCE SHEETS 7 STATEMENTS OF REVENUES, EXPENSES, AND CHANGES IN NET ASSETS 8 STATEMENTS OF CASH FLOWS 9 NOTES TO FINANCIAL STATEMENTS SUPPLEMENTARY INFORMATION SUPPLEMENTARY SCHEDULES OF OPERATING EXPENSES 11 20 OTHER REPORTS SECTION REPORT ON MINNESOTA LEGAL COMPLIANCE 21 . . . Board of Commissioners BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER ORGANIZATION SCHEDULE DECEMBER 31, 2005 President John Rheinberger Robert Thompson James O'Brien Treasurer Vice-President Member Larry Hansen Officers James McKnight Manager (1 ) Term Expires 2007 2008 2006 Appointed Appointed . . . LarsonAllerf CPAs, Consultants & Advisots www.larsonallen.com INDEPENDENT AUDITORS' REPORT Board of Water Commissioners of the City of Stillwater Stillwater, Minnesota We have audited the accompanying financial statements of the Board of Water Commissioners, a component unit of the City of Stillwater, as of and for the years ended December 31,2005 and 2004, as listed in the table of contents. These basic financial statements are the responsibility of the Commission's management. Our responsibility is to express an opinion on these basic financial statements based on our audits. We conducted our audits in accordance with U.S. generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. In our opinion, the financial statements referred to above, present fairly, in all material respects, the financial position of the Board of Water Commissioners, a component unit of the City of Stillwater as of December 31,2005 and 2004, and the results of operations and its cash flows for the years then ended in conformity with U.S. generally accepted accounting principles. The management's discussion and analysis as listed in the table of contents is not a required part of the basic financial statements but is supplementary information required by U.S. generally accepted accounting standards. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. Our audit was conducted for the purpose of forming an opinion on the financial statements taken as a whole. The supplementary schedules of operating expenses as listed in the table of contents as supplementary information are presented for purposes of additional analysis and are not a required part of the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated, in all material respects, in relation to the basic financial statements taken as a whole. ~.(~, ~, a,J~ I ",1t. G-" LARSON, ALLEN, WEISHAlR & CO., LLP Minneapolis, Minnesota February 8, 2006 (2) Larson, Allen, Weishair & Co., LLP I An Independent Member of Baker Tilly Internarional . . . BOARD OF WATER COMMISSIONERS MANAGEMENT'S DISCUSSIONS AND ANALYSIS DECEMBER 31,2005 This section of the Board of Water Commissioners' annual financial report presents the analysis of the Commission's financial performance during the fiscal years ending December 31, 2005 and 2004. Please read it in conjunction with the financial statements, which follow this section. The Management's Discussion and Analysis (MD&A) is an element of Required Supplementary Information specified in the Governmental Accounting Standard Board's (GASB) Statement No. 34 - Basic Financial Statements- and Management's Discussion and Analysis - for State and Local Governments. Overview of the Financial Statements The Board of Water Commissioners is a component unit of the City of Stillwater, Minnesota, and is responsible to account for the distribution of water services to the residents of the City. The annual report of the Commission includes the basic financial statements, the independent auditors report, notes that explain in more detail information in the financial statements and this management's discussion and analysis report. The report also includes supplementary information for operating expenses. Basic Financial Statements Required The financial statements report information about the Commission using accounting methods similar to those used by private sector companies. These statements offer short and long-term financial information about its activities. The Balance Sheets include all of the Commission's assets, liabilities, and net assets and provides information about the nature and amount of investments in various assets and obligations to the Commission's creditors. It also provides the basis for evaluating the capital structure, and determining the liquidity and financial flexibility of the Commission. The Statements of Revenues, Expenses and Changes in Net Assets accounts for all the current year's revenues and expenses. This statement measures the success of operations over the past year and can be used to determine whether all costs are recovered through user fees and other charges. This statement also measures the Commission's profitability and credit worthiness. The Statements of Cash Flow provides information about the Commission's cash receipts and cash payments during the reporting period. These statements report cash receipts, cash payments, and net changes in cash resulting from operations, investing and financing activities, and reports on changes in cash balances during the reporting period. (3) BOARD OF WATER COMMISSIONERS MANAGEMENT'S DISCUSSIONS AND ANALYSIS DECEMBER 31, 2005 . Condensed Financial Statements To begin our analysis, a summary of the Balance Sheets is presented in Table A-1. Table A-1 Condensed Balance Sheets 2005 2004 2003 Net Utility Plant $ 10,223,464 $ 10,320,027 $ 9,196,697 Other Long-Term Assets 518,431 522,726 325,069 Current Assets 1,936,420 1,613,139 1,730,967 Total Assets $ 12.678,315 $ 12.455.892 $ 11.252.733 Long-Term Liabilities $ 831,653 $ 942,152 $ 1,045,473 Current Liabilities 374,770 279,710 226,146 Net Assets 11,471,892 11,234,030 9,981,114 Total Liabilities and Net Assets $ 12.678.315 $ 12.455.892 $ 11.252.733 A summary of the Statements of Operations is presented in Table A-2. Table A-2 Condensed Statements of Revenues, Expenses and Changes in Net Assets . 2005 2004 2003 Operating Revenues $ 993,351 $ 964,527 $ 1,071,891 Less: Operating Expenses (1,137,067) (1,078,875) (1,118,799) Operating Loss (143,716) (114,348) (46,908) Other Income 360,578 1,195,740 567,946 Capital Contributions from City 21,000 171,524 Total Change in Net Assets $ 237.862 $ 1.252.916 $ 521.038 Financial Statement Analvsis The increase in net utility plant is mainly attributed to street additions. Specifically, there were significant additions in the Boutwell Road and Liberty in 2005 and North Hill and Settler Glen during fiscal year 2004. The additions consist of water mains, hydrants, valves and other apparatus. During fiscal year 2004, a new 8" water main was installed which runs north on Highway 95 from Elm Street to the railroad bridge in the Dutchtown area of Stillwater. The new water main replaced an existing 6" water main at a cost of approximately $205,000. Siqnificant Transactions Fiscal year 2005 was very comparable in the amount of water pumped. During fiscal 2005, . approximately 723,991,000 gallons were pumped compared to 721,131,000 pumped during fiscal 2004. There were no rate changes during fiscal year 2005. (4) . BOARD OF WATER COMMISSIONERS MANAGEMENT'S DISCUSSIONS AND ANALYSIS DECEMBER 31, 2005 BudQetary HiQhliQhts The Commission adopts an annual Operating Budget. Because of its enterprise nature, the budgets are not operated as statutory budgets. The budget results are reviewed monthly and are used as a financial management tool. A summary of the 2005 and 2004 Budget Analysis is presented in Table A-3. Table A-3 Condensed Budget Analysis 2005 2004 Bud~et Actual Budget Actual Operating Revenues $ 1,113,200 $ 993,351 $ 1,168,000 $ 964,527 Less: Operating Expenses (1,217,900) (1,137,067) (1,199,500) (1,078,875) Operating Loss (104,700) (143,716) (31,500) (114,348) Other Income 279,000 360,578 309,500 1,195,740 Capital Contributions from City 21,000 171,524 Total Change in Net Assets $ 174.300 $ 237.862 $ 278.000 $ 1.252.916 . Fiscal year 2005 operating revenues were less than expected mainly due to higher levels of rain received during the summer months than anticipated which resulted in less pumping. Other income was significantly higher than budgeted. The Commission received $76,448 in developer contributed watermain extensions which are included other revenue in the financial statements. Fiscal year 2004 operating expenses were lower than expected mainly due to no significant repairs that were needed. Capital Asset and LonQ-Term Debt Activitv The Commission made capital asset additions to utility plant in the amounts of $256,476 and $1,459,921 in fiscal years 2005 and 2004, respectively. Depreciation expense was $348,880 and $336,319 in fiscal years 2005 and 2004, respectively. The Commission did not issue any new long-term debt during fiscal years 2005 or 2004. Payments were made in fiscal years 2005 and 2004 in the amount of $90,000 on the current portion of principal due on existing long-term debt. All outstanding long-term debt is issued on behalf of the Commission by the Stillwater City Council and is backed by a pledge of net revenues of the Commission. Other Financial Information, Next Year's BudQet and Rates The Board of Water Commissioners has determined that there will be a change in rates for fiscal year 2006. Additionally, the Board is in the preliminary stages of planning the drilling of a new well which started in fiscal year 2005 and be completed in 2006. Cost estimates could run as high as $1,000,000 depending on extent of construction related to the well. . (5) BOARD OF WATER COMMISSIONERS MANAGEMENT'S DISCUSSIONS AND ANALYSIS DECEMBER 31, 2005 Contact Information This annual report is designed to provide a general overview of the Commission's finances for citizens, customers and others. Questions concerning any of the information contained in this report and requests for additional information should be addressed to the Board of Water Commissioners, City of Stillwater, 204 North Third Street, Stillwater, MN 55082 or by email atwaterboard@cLstillwater.mn.us or by phone at (651) 439-6231. (6) . . . . BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER BALANCE SHEETS DECEMBER 31, 2005 AND 2004 2005 2004 ASSETS UTILITY PLANT, PROPERTY AND EQUIPMENT Non-Depreciable Land $ 4,987 $ 4,987 Depreciable Equipment 571,982 513,055 Distribution System 13,944,918 13,791,703 Total 14,521,887 14,309,745 Less: Accumulated Depreciation 4,298,423 3,989,718 Net Utility Plant 10,223,464 10,320,027 OTHER ASSETS Notes Receivable - Long-Term 1,036 3,863 Bond Issue Costs - Net Accumulated Amortization 17,395 18,863 Investments, Designated 500,000 500,000 Total Other Assets 518,431 522,726 CURRENT ASSETS Cash and Cash Equivalents 109,708 186,465 Investments 1,450,000 1,050,000 . Due from Primary Government 110,938 123,889 Accounts Receivable 146,262 153,648 Notes Receivable - Current Portion 930 2,033 Accrued Interest Receivable 39,009 18,487 Inventories 51,996 54,071 Prepaid Expenses 27,577 24,546 Total Current Assets 1,936,420 1,613,139 Total Assets $ 12,678,315 $ 12,455,892 NET ASSETS AND LIABILITIES NET ASSETS Invested in Utility Plant, Net of Related Debt $ 9,343,465 $ 9,350,027 Unrestricted 2,128,427 1,884,003 Total Net Assets 11,471,892 11,234,030 CURRENT LIABILITIES Current Portion of Revenue Bonds Payable 90,000 90,000 Accounts Payable 40,140 31,353 Deferred Revenue 160,880 102,565 Accrued Expenses 42,555 34,797 Accrued Interest Payable 19,195 20,995 Current Portion of Compensated Absences 22,000 Total Current Liabilities 374,770 279,710 LONG-TERM LIABILITIES Compensated Absences 41,653 62,152 . Revenue Bonds Payable 790,000 880,000 Total Long-Term Liabilities 831,653 942,152 Total Liabilities 1,206,423 1,221,862 Total Net Assets and Liabilities $ 12,678,315 $ 12,455,892 See accompanying Notes to the Basic Financial Statements. (7) . THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY. . . . BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER STATEMENTS OF REVENUES, EXPENSES, AND CHANGES IN NET ASSETS YEARS ENDED DECEMBER 31,2005 AND 2004 2005 2004 OPERATING REVENUES Water Sales $ 946,816 $ 906,597 Other Operating Revenues 46,535 57,930 Total Operating Revenues 993,351 964,527 OPERATING EXPENSES Production and Distribution 452,029 434,921 Service Customer Expenses 45,930 43,022 Administrative and General Expenses 290,769 264,613 Depreciation 348,339 336,319 Total Operating Expenses 1,137,067 1,078,875 OPERATING LOSS (143,716) (114,348) NON-OPERATING REVENUES (EXPENSES) Interest Income 50,605 34,189 . Sale of Scrap or Other Materials 8,900 8,448 Water Access Charges 219,788 187,043 Meter Rental Charges 26,623 28,376 Penalty Charges 13,990 11 ,760 Miscellaneous 10,652 92 Developer Fixed Asset Contributions 76,448 976,572 Interest Expense (46,428) (50,740) Total Non-Operating Revenues 360,578 1,195,740 Income Before Capital Contributions 216,862 1,081,392 Capital Contribution from City 21 ,000 171,524 CHANGE IN NET ASSETS 237,862 1,252,916 Net Assets - Beginning of Year 11,234,030 9,981,114 NET ASSETS - END OF YEAR $ 11,471,892 $ 11,234,030 . See accompanying Notes to the Basic Financial Statements. (8) BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER STATEMENTS OF CASH FLOWS YEARS ENDED DECEMBER 31, 2005 AND 2004 . 2005 2004 CASH FLOWS FROM OPERATING ACTIVITIES Cash Received from Customers $ 1,297,571 $ 1,311,045 Cash Paid to Employees (314,535) (337,646) Cash Paid to Suppliers (392,620) (416,102) Net Cash Provided by Operating Activities 590,416 557,297 CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Construction and Acquisition of Utility Plant, Property and Equipment (159,028) (311,825) Principal Payments on Revenue Bonds (90,000) (90,000) Interest Paid (48,228) (50,388) Net Cash Used for Capital and Related Financing Activities (297,256) (452,213) CASH FLOWS FROM INVESTING ACTIVITIES Purchase of Investments (1,550,000) (1,200,000) Redemption of Investments 1,150,000 1 ,050,000 . Interest Received 30,083 24,297 Net Cash Provided (Used) by Investing Activities (369,917) (125,703) NET INCREASE (DECREASE) IN CASH AND CASH EQUIVALENTS (76,757) (20,619) Cash and Cash Equivalents - Beginning of Year 186,465 207,084 CASH AND CASH EQUIVALENTS - END OF YEAR $ 109,708 $ 186,465 . See accompanying Notes to the Basic Financial Statements (9) . BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER STATEMENTS OF CASH FLOWS (CONTINUED) YEARS ENDED DECEMBER 31, 2005 AND 2004 2005 2004 RECONCILIATION OF OPERATING LOSS TO CASH FLOWS FROM OPERATING ACTIVITIES: Operating Loss $ (143,716) $ (114,348) Adjustments to Reconcile Operating Loss to Net Cash Provided by Operating Activities: Depreciation and Amortization 350,348 338,190 Cash Received from Other Nonoperating Income 284,112 240,560 (Increase) Decrease in Assets: Accounts Receivable 7,386 8,276 Due from Primary Government 12,951 42,451 Notes Receivable 3,930 3,156 Inventories 2,075 (1,061 ) Prepaid Expenses (3,031) (170) Increase (Decrease) in Liabilities: Accounts Payable 8,787 5,916 Deferred Revenue 58,315 52,347 Accrued Expenses 7,758 (4,699) . Compensated Absences 1,501 (13,321) Net Cash Provided by Operating Activities $ 590,416 $ 557,297 NONCASH INVESTING, CAPITAL AND FINANCING ACTIVITIES: Developer Capital Asset Contributions $ 76,448 $ 976,572 . See accompanying Notes to the Basic Financial Statements (10) , . . THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY. . . . NOTE 1 . . BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER NOTES TO THE BASIC FINANCIAL STATEMENTS YEARS ENDED DECEMBER 31,2005 AND 2004 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Or~anization and Operation The Board of Water Commissioners is a component unit of the City of Stillwater, created and prescribed by the City Charter. The purpose of the Commission is to account for the distribution of water services to the residents of the City. The City Council appoints members of the Commission and maintains annual budgetary controls over commission-delegated financial activities. The financial statements presented here are also included in the basic financial statements of the City of Stillwater. The accounting policies of the Board of Water Commissioners conform to U.S. generally accepted accounting principles. Financial Reportin~ Entity The Commission's basic financial statements include all funds, departments, agencies, boards, commissions, and other organizations over which Commission officials exercise oversight responsibility. Component units are legally separate entities for which the Commission (primary government) is financially accountable, or for which the exclusion of the component unit would render the financial statements of the primary government misleading. The criteria used to determine if the primary government is financially accountable for a component unit include whether or not the primary government appoints the voting majority of the potential component unit's governing body, is able to impose its will on the potential component unit, is in a relationship of financial benefit or burden with the potential component unit, or is fiscally depended upon by the potential component unit. Based on these criteria, there are no organizations considered to be component units of the Commission. Measurement Focus and Basis of Accountin~ The accrual basis of accounting is used by the Commission. Under this method, revenues are recorded when earned and expenses are recorded when the related fund liability is incurred. The Commission applies only those applicable pronouncements of the Financial Accounting Standards Board issued on or before November 30, 1989 in accounting and reporting for its proprietary operations. The financial statements of the Commission have been prepared in conformity with accounting principles generally accepted in the United States of America (GAAP) as applied to governmental units. The Governmental Accounting Standards Board (GASB) is the accepted standard setting body for establishing governmental accounting and financials reporting principles. The GASB has issued a codification of governmental accounting and financial reporting standards. This codification and subsequent GASB pronouncements are recognized as U.S. generally accepted accounting principles for state and local governments that have implemented GASB Statement No. 34, Basic Financial Statements - and Management's Discussion and Analysis - for State and Local Governments. This financial report has been prepared in conformity with GASB Statement No. 34. (11 ) , " BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER NOTES TO THE BASIC FINANCIAL STATEMENTS YEARS ENDED DECEMBER 31, 2005 AND 2004 . NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Utility Plant. Property. and Equipment Utility plant, property, and equipment are recorded at cost, or in the case of contributions, at fair market value at the time received. Depreciation is calculated using the straight-line method over the assets' estimated useful lives, ranging from five to fifty years. Cash and Cash Equivalents For the purposes of the Statement of Cash Flows, cash equivalents are defined as short- term, highly liquid investments that are both: A. Readily convertible to known amounts of cash, or B. So near their maturity that they present insignificant risk of changes in value because of changes in interest rates. The Commission's policy considers cash equivalents to be those that meet the above criteria and have original maturities of three months or less. Cash and cash equivalents consist of checking and savings accounts and cash on hand. . Accounts Receivable It is management's judgment that losses from uncollectible customer receivables, if any, will be immaterial; therefore, no allowance for doubtful accounts is reflected in the financial statements. All accounts receivable are uncollateralized. Inventories Inventory is stated at the lower of cost (first-in, first-out method) or market. Net Assets Net assets represent the difference between assets and liabilities in the financial statements. Net assets invested in capital assets, net of related debt consists of capital assets, net of accumulation depreciation, reduced by the outstanding balance of any long-term debt used to build or acquire the capital assets. Net assets are reported as restricted in the financial statement when there are limitations imposed on their use through external restrictions imposed by creditors, grantors, laws or regulations of other governments. . (12) BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER . NOTES TO THE BASIC FINANCIAL STATEMENTS YEARS ENDED DECEMBER 31, 2005 AND 2004 NOTE 2 DETAIL OF UTILITY PLANT, PROPERTY AND EQUIPMENT The following list includes the major classes of capital assets: 2005 2004 Capital Assets, Not Being Depreciated Land $ 4,987 $ 4,987 Capital Assets, Being Depreciated Equipment Trucks 123,649 120,532 Office Furniture and Equipment 91,377 88,391 Shop Equipment 356,956 304,132 Distribution System Original Plant 145,000 145,000 Water Stations and Reservoir 3,163,363 3,155,963 Building and Vault 123,437 123,437 Standpipes 845,168 845,168 Extensions 9,110,643 8,985,285 Meters in Service 557,307 536,850 . Total Capital Assets 14,521,887 14,309,745 Less: Accumulated Depreciation 4,298,423 3,989,718 Net Capital Assets $ 10,223,464 $ 10,320,027 Changes in capital assets during 2005 are as follows: Balance Balance December 31 , December 31 , 2004 Additions Deletions 2005 Capital Assets, Not Being Depreciated Land $ 4,987 $ - $ - $ 4,987 Capital Assets, Being Depreciated Equipment 513,055 103,261 44,334 571,982 Distribution System 13,791,703 153,215 13,944,918 Total Capital Assets, Being Depreciated 14,304,758 256,476 44,334 14,516,900 Accumulated Depreciation For: Equipment 356,275 47,461 40,174 363,562 Distribution System 3,633,443 301,418 3,934,861 Total Accumulated Depreciation 3,989,718 348,879 40,174 4,298,423 . Total Capital Assets, Being Depreciated, Net 10,315,040 (92,403) 4,160 10,218,477 Net Capital Assets $ 10,320,027 $ (92,403) $ 4,160 $ 10,223,464 (13) BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER NOTES TO THE BASIC FINANCIAL STATEMENTS YEARS ENDED DECEMBER 31,2005 AND 2004 . NOTE 2 DETAIL OF UTILITY PLANT, PROPERTY AND EQUIPMENT (CONTINUED) Changes in capital assets during 2004 are as follows: Balance Balance December 31, December 31 , 2003 Additions Deletions 2004 Capital Assets, Not Being Depreciated Land $ 4,987 $ $ $ 4,987 Capital Assets, Being Depreciated Equipment 501,134 16,413 4,492 513,055 Distribution System 12,348,195 1,443,508 13,791,703 Total Capital Assets, Being Depreciated 12,849,329 1,459,921 4,492 14,304,758 Accumulated Depreciation For: Equipment 321,920 38,575 4,220 356,275 Distribution System 3,335,699 297,744 3,633,443 Total Accumulated Depreciation 3,657,619 336,319 4,220 3,989,718 . Total Capital Assets, Being Depreciated, Net 9,191,710 1,123,602 272 10,315,040 Net Capital Assets $ 9,196,697 $ 1,123,602 $ 272 $ 10,320,027 NOTE 3 INVESTMENTS DESIGNATED BY THE BOARD Investments designated by the Board for specific purposes were as follows: Designated for Future Well Purchase 2005 $ 500,000 2004 $ 500,000 NOTE 4 DEPOSITS AND INVESTMENTS In accordance with Minnesota Statutes the Commission maintains deposits at financial institutions which are authorized by the Commission's Board. Minnesota Statutes require that all deposits be protected by insurance, surety bond, or collateral. The market value of collateral pledged must equal 110% of the deposits not covered by insurance or corporate surety bonds. Custodial Credit Risk - Custodial credit risk is the risk that in the event of a bank failure, the School's deposits may not be returned to it. The School does not have a deposit policy for custodial credit risk and follows Minnesota Statutes for deposits. Minnesota Statutes require that all deposits be protected by insurance, surety bond, or collateral. The market value of collateral pledged must equal 110% of the deposits not covered by insurance or corporate surety bonds. . (14) . . . NOTE 4 BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER NOTES TO THE BASIC FINANCIAL STATEMENTS YEARS ENDED DECEMBER 31, 2005 AND 2004 DEPOSITS AND INVESTMENTS (CONTINUED) Authorized collateral include: U.S. government treasury bills, notes, or bonds; issues of a U.S. government agency; general obligations of a state or local government rated "A" or better; revenue obligations of a state or local government rated "AA" or better; irrevocable standby letter of credit issued by a Federal Home Loan Bank; and time deposits insured by a federal agency. Minnesota statutes require securities pledged as collateral be held in safekeeping in a restricted account at the Federal Reserve Bank or at an account at a trust departments of a commercial bank or other financial institution not owned or controlled by the depository. The Commission's deposits in banks at December 31, 2005 were entirely covered by federal depository insurance or by surety bonds and collateral in accordance with Minnesota statutes. Balance at December 31,2005: Insured or collateralized by securities held by the Commission's custodial Bank in the Commission's Name Bank Balance Carrying Amount $ 2,059,708 $ 2,061,688 These balances consist of: Cash and Cash Equivalents Investments in Time Deposits Investments in Time Deposits - Designated $ 111,688 $ 109,708 1,450,000 1,450,000 500,000 500,000 $ 2,061,688 $ 2,059,708 Bank Carrying Balance Amount Balance at December 31, 2004: Insured or collateralized by securities held by the Commission's custodial Bank in the Commission's Name $ 1,736,465 $ 1,741,785 These balances consist of: Cash and Cash Equivalents Investments in Time Deposits Investments in Time Deposits - Designated $ 191,785 1,050,000 500,000 $ 1,741,785 $ 186,465 1,050,000 500,000 $ 1,736,465 (15) BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER NOTES TO THE BASIC FINANCIAL STATEMENTS YEARS ENDED DECEMBER 31, 2005 AND 2004 . NOTE 5 INVENTORIES The major classes of inventory consist of the following at December 31,2005 and 2004: Pipe and Fittings Brass Goods Tools and Supplies Meters Total 2005 $ 29,252 7,223 10,435 5,086 $ 51,996 2004 $ 32,458 6,605 11,124 3,884 $ 54,071 NOTE 6 COMPENSATED ABSENCES The Commission records a long-term liability for employee compensated absences consisting of vested sick pay and a current liability consisting of vested vacation and longevity. Employees earn vacation in arrears and may carry over five vacation days and one hundred sick days. Longevity is a calculation based on the number of years of service and the current rate of pay. It accrues monthly and is paid out on December 1 for the year ending November 30 of the same year. Employees are compensated for sick days in excess of one hundred days at year end and for all vested sick days, vacation days, and longevity upon termination. . December 31, 2005 and 2004, vested vacation pay benefits payable were $22,503 and $18,485, respectively, and vested longevity pay benefits payable were $1,086 and $534, respectively. The changes in compensated absences during 2005 and 2004 are as follows: Balance Balance Due Within 12/31/2004 Additions Deletions 12/31/2005 One Year Compensated Absences $ 62,152 $ 25,802 $ 24,301 $ 63,653 $ 22,000 Balance Balance 12/31/2003 Additions Deletions 12/31/2004 $ 75,473 $ 11 ,224 $ 24,545 $ 62,152 . (16) . . . BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER NOTES TO THE BASIC FINANCIAL STATEMENTS YEARS ENDED DECEMBER 31, 2005 AND 2004 NOTE 7 REVENUE BONDS PAYABLE Final Issue Maturity Interest Original Payable Date Date Rate Issue 12/31/05 General Obligation Bonds: 2000B Water Revenue Bonds 04/01/00 02/01/15 4.00%-5.50% $ 1,330,000 $ 880,000 Changes in long-term debt for the years ended December 31,2005 and 2004 are as follows: Balance Balance Due Within 12/31/2004 Additions Deletions 12/31/2005 One Year $ 970,000 $ $ 90,000 $ 880,000 $ 90,000 Balance Balance 12/31/2003 Additions Deletions 12/31/2004 $ 1,060,000 $ $ 90,000 $ 970,000 General Obligation Bonds: 2000B Water Revenue Bonds General Obligation Bonds: 2000B Water Revenue Bonds Maturities of long-term debt are as follows: Year Ended December 31,2005 2006 2007 2008 2009 2010 2011-2015 Total $ Principal 90,000 90,000 90,000 90,000 90,000 430,000 880,000 Interest 43,863 39,408 34,885 30,317 25,682 58,295 232.450 $ Total 133,863 129,408 124,885 120,317 115,682 488,295 $ 1,112.450 The General Obligation Water Revenue Bonds, Series 2000B dated April 1, 2000, were issued to finance a water project in the City of Stillwater, consisting of a new well pumphouse and construction of Settler's Park Reservoir. Bond principal is payable in annual installments ranging from $85,000 to $90,000 through February 2015, together with interest ranging from 4.00% to 5.5%. NOTE 8 PENSION PLANS PUBLIC EMPLOYEES RETIREMENT ASSOCIA TlON Plan Description All full-time and certain part-time employees of the Commission are covered by defined benefit pension plans administered by the Public Employees Retirement Association of Minnesota (PERA). PERA administers the Public Employees Retirement Fund (PERF) which is a cost-sharing, multiple-employer retirement plan. This plan is established and administered in accordance with Minnesota Statutes, Chapter 353 and 356. (17) BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER NOTES TO THE BASIC FINANCIAL STATEMENTS YEARS ENDED DECEMBER 31,2005 AND 2004 . NOTE 8 PENSION PLAN (CONTINUED) Plan Description (continued) PERF members belong to either the Coordinated Plan or the Basic Plan. Coordinated Plan members are covered by Social Security and Basic Plan members are not. All new members must participate in the Coordinated Plan. PERA provides retirement benefits as well as disability benefits to members, and benefits to survivors upon death of eligible members. Benefits are established by State Statute, and vest after three years of credited service. The retirement benefits are based on a member's highest average salary for any five successive years of allowable service, age, and years of credit at termination of service. Two methods are used to compute benefits for PERF's Coordinated and Basic Plan members. The retiring member receives the higher of step-rate benefit accrual formula (Method 1) or a level accrual formula (Method 2). Under Method 1, the annuity accrual rate for a Basic Plan member is 2.2 percent of average salary for each of the first 10 years of service and 2.7 percent for each year thereafter. For a Coordinated Plan member, the annuity accrual rate is 1.2 percent of average salary for each of the first 10 years and 1.7 percent for each successive year. Under Method 2, the annuity accrual rate is 2.7 percent of average salary for Basic Plan members and 1.7 percent for Coordinated Plan members for each year of service. . There are different types of annuities available to members upon retirement. A single-life annuity is a lifetime annuity that ceases upon the death of the retiree and no survivor annuity is payable. There are also various types of joint and survivor annuity options available which will be payable over joint lives. Members may also leave their contributions in the fund upon termination of public service in order to qualify for a deferred annuity at retirement age. Refunds of contributions are available at any time to members who leave public service, but before retirement benefits begin. There are different types of annuities available to members upon retirement. A single-life annuity is a lifetime annuity that ceases upon the death of the retiree, no survivor annuity is payable. There are also various types of joint and survivor annuity options available which will be payable over joint lives. Members may also leave their contributions in the fund upon termination of public service in order to qualify for a deferred annuity at retirement age. Refunds of contributions are available at any time to members who leave public service, but before retirement benefits begin. The benefit provisions stated in the previous paragraphs of this section are current provisions and apply to active plan participants. Vested, terminated employees who are entitled to benefits but are not receiving them yet are bound by the provisions in effect at the time they last terminated their public service. . (18) . . . NOTE 8 NOTE 9 BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER NOTES TO THE BASIC FINANCIAL STATEMENTS YEARS ENDED DECEMBER 31,2005 AND 2004 PENSION PLANS (CONTINUED) Plan Description (continued) PERA issues a publicly available financial report that includes financial statements and required supplementary information for PERF and PEPFF. That report may be obtained on the web at mnpera.org, by writing to PERA, 60 Empire Drive #200, St. Paul, Minnesota 55103-2088 or by calling (651) 296-7460 or 1-800-652-9026. PERA issues a publicly available financial report that includes financial statements and required supplementary information for PERF. That report may be obtained on the web at mnpera.org, by writing to PERA at 60 Empire Drive, Suite 200, St. Paul, Minnesota, 55103- 2088 or by calling (651) 296-7460 or 1-800-652-9026. Fundin~ Policy Minnesota Statutes Chapter 353 sets the rates for employer and employee contributions. These statutes are established and amended by the state legislature. The Commission makes annual contributions to the pension plans equal to the amount required by state statutes. PERF Basic Plan members and Coordinated Plan members are required to contribute 9.10% and 5.10% respectively, of their annual covered salary. The Commission is required to contribute the following percentages of annual covered payroll: 11.78% for Basic Plan PERF members, and 5.53% for Coordinated Plan PERF members. The Commission's contributions to the Public Employees Retirement Fund for the years ending December 31, 2005, 2004, and 2003 were $17,044, $17,303, and $17,008, respectively, equal to the contractually required contributions for each year as set by state statute. RISK MANAGEMENT The Commission is exposed to various risks of loss related to torts; theft of, damage to, or destruction of assets; error or omissions; injuries to employees or natural disasters for which the Commission carries commercial insurance. There have been no significant reductions in insurance coverage from the prior year. Settlement amounts have not exceeded insurance coverage for the current year or the three prior years. (19) . THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY. . . . SUPPLEMENTARY INFORMATION . . . BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER SUPPLEMENTARY SCHEDULES OF OPERATING EXPENSES YEARS ENDED DECEMBER 31, 2005 AND 2004 2005 2004 PRODUCTION AND DISTRIBUTION EXPENSES Wages $ 181,765 $ 211,955 Repairs and Supplies 148,708 110,533 Chemicals 11 ,466 12,826 Electricity 62,346 53,813 Truck Expenses 7,933 7,680 Fuel 8,472 7,381 Testing Expenses 29,468 28,862 Amortization 1,871 1,871 Total Operating Expenses 452,029 434,921 SERVICE CUSTOMER EXPENSES Labor, Jobbing and Equipment 32,128 30,759 Repairs, Parts and Supplies 13,802 12,263 Total Service Customer Expenses 45,930 43,022 ADMINISTRATIVE AND GENERAL EXPENSES . Wages 119,739 89,744 Employee Pensions and Benefits 99,163 104,294 Insurance and Bonds 43,358 40,547 Utilities and Telephone 5.570 4,613 Office Supplies and Postage 12,740 14.320 Audit 8,956 8,974 Other 1,243 2,121 Total Administrative and General Expenses 290,769 264,613 DEPRECIATION EXPENSE 348,339 336,319 Total Operating Expenses $ 1,137,067 $ 1 ,078,875 . (20) . THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY. . . . OTHER REPORTS SECTION . . . . . Lars~nAllelf CPAs, Consultants & Advisors www.larsonallen.com REPORT ON MINNESOTA LEGAL COMPLIANCE Board of Water Commissioners of the City of Stillwater Stillwater, Minnesota We have audited the financial statements of the Board of Water Commissioners, a component unit of the City of Stillwater, as of and for the year ended December 31, 2005, and have issued our report thereon dated February 8, 2006. We conducted our audit in accordance with U.S. generally accepted auditing standards and the provisions of the Minnesota Legal Compliance Audit Guide for Local Government, promulgated by the State Auditor pursuant to Minnesota Statute 6.65. Accordingly, the audit included such tests of the accounting records and such other accounting procedures as we considered necessary in the circumstances. The Minnesota Legal Compliance Audit Guide for Local Government covers seven main categories of compliance to be tested: contracting and bidding, deposits and investments, conflicts of interest, public indebtedness, claims and disbursements, miscellaneous provisions, and tax increment districts. Our study included all of the listed categories, except tax increment districts since no tax increment districts have been established by the Board of Water Commissioners. The results of our tests indicate that for the items tested the Board of Water Commissioners complied with the material terms and conditions of the applicable legal provisions. This report is intended solely for the information and use of the members of the Board of Water Commissioners, management and the office of the Minnesota State Auditor and is not intended to be and should not be used by anyone other than these specified parties. /~,~,~/~.,LL.." LARSON, ALLEN, WEISHAIR & CO., LLP Minneapolis, Minnesota February 8, 2006 (21) Larson, Allen, Weishair & Co., LLP I An Independent Member of Baker Tilly International . THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY. . . . . . " Lars~nAllerf CPAs, Consultants & Advisors www.larsonallen.com Members of the Board of Water Commissioners of the City of Stillwater Stillwater, Minnesota We have audited the financial statements of Board of Water Commissioners of the City of Stillwater for the year ended December 31, 2005, and have issued our report thereon dated February 8, 2006. Professional standards require that we provide you with the following information related to our audit. Our Responsibility under U.S. Generally Accepted Auditing Standards As stated in our engagement letter dated December 3, 2004, our responsibility, as described by professional standards, is to plan and perform our audit to obtain reasonable, but not absolute, assurance that the financial statements are free of material misstatement and are fairly presented in accordance with U.S. generally accepted accounting principles. Because an audit is designed to provide reasonable, but not absolute assurance and because we did not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. As part of our audit, we considered the internal control of the Board of Water Commissioners of the City of Stillwater. Such considerations were solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control. Other Information in Documents Containing Audited Financial Statements Our audit opinion, the audited financial statements, and the notes to financial statements should only be used in their entirety. Inclusion of the audited financial statements in a client prepared document, such as an annual report, should be done only with our prior approval and review of the document. Significant Accounting Policies Management has the responsibility for selection and use of appropriate accounting policies. In accordance with the terms of our engagement letter, we will advise management about the appropriateness of accounting policies and their application. The significant accounting policies used by the Board of Water Commissioners of the City of Stillwater are described in Note 1 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during 2005. We noted no transactions entered into by the Board of Water Commissioners of the City of Stillwater during the year that were both significant and unusual, and of which, under professional standards, we are required to inform you, or transactions for which there is a lack of authoritative guidance or consensus. Larson, Allen, Weishair & Co., LLP I An Independent Member of Baker Tilly International Members of the Board of Water Commissioners of the City of Stillwater Page 2 . Accounting Estimates Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. Significant estimates in the financial statements for the year ended December 31, 2005, include depreciation, which is based upon estimated useful lives of depreciable assets, the collectible amount of customer accounts receivable, and the dollar value of developer contributed assets. We evaluated the key factors and assumptions used to develop the estimate in determining that it is reasonable in relation to the financial statements taken as a whole. Audit Adjustments For purposes of this letter, professional standards define an audit adjustment as a proposed correction of the financial statements that, in our judgment, may not have been detected except through our auditing procedures. An audit adjustment mayor may not indicate matters that could have a significant effect on the Board of Water Commissioners of the City of Stillwater's financial reporting process (that is, cause future financial statements to be materially misstated). In our judgment, none of the adjustments we proposed, whether recorded or unrecorded by the Board of Water Commissioners of the City of Stillwater, either individually or in the aggregate, indicate matters that could have a significant effect on the Organization's financial reporting process. . Management did not identify and we did not notify them of any uncorrected financial statement misstatements. Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting, or auditing matter that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the governmental unit's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. . Issues Discussed Prior to Retention of Independent Auditors We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the Board of Water Commissioners of the City of Stillwater's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. . . . Members of the Board of Water Commissioners of the City of Stillwater Page 3 Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing our audit. This report is intended solely for the information and use of the Board of Water Commissioners and its management and is not intended to be and should not be used by anyone other than these specified parties. Minneapolis, Minnesota February 8, 2006 c7'~,~' ki~/~./~LfJ LARSON, ALLEN, WEISHAIR & CO., LLP . . . ..~' Lars~nAllelf CPAs, Consultants & Advisors www.larsonallen.com Members of the Board of Water Commissioners of the City of Stillwater Stillwater, Minnesota In planning and performing our audit of the financial statements of the Board of Water Commissioners of the City of Stillwater for the year ended December 31, 2005, we considered its internal control in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on the internal control. However, we noted certain matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the Board of Water Commissioner's ability to initiate, record, process, and report financial data consistent. with the assertions of management in the financial statements. REPORTABLE CONDITIONS Seqreqation of Duties In any system of accounting control, one primary goal is adequate segregation of duties. The Secretary/Manager is basically responsible for all areas of the accounting cycles; therefore, an adequate segregation of duties and responsibilities is not present. The basic premise of proper segregation of duties is that no one person should have access to both physical assets and the related accounting records, or to all phases of a transaction. Due to the Commission's limited number of office personnel, segregation of the accounting functions that is necessary to ensure adequate internal accounting control may not be possible. This is not unusual in an operation the size of the Commission; however, the Board of Water Commissioners should constantly be aware of this condition and realize that the concentration of duties and responsibilities in a limited number of individuals is not desirable from an accounting point of view. This area should be reviewed periodically and consideration given to improving the segregation of duties. In making this review, it is most important to consider the benefit derived as weighed against the cost of the improvements. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that errors or fraud in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. Our consideration of internal control would not necessarily disclose all matters in internal control that might be reportable conditions and, accordingly, would not necessarily disclose all reportable conditions that are also considered to be material weaknesses as defined above. However, the reportable condition described above is believed to be a material weakness. Larson, Allen, Weishair & Co., LLP I An Independent Member of Baker Tilly International . . . Members of the Board of Water Commissioners of the City of Stillwater Page 2 We sincerely appreciate all the courtesies and cooperation extended to us by you and the staff of the Commission, and thank you for the opportunity to be of service to you. We look forward to working with you in the future. This report is intended solely for the information and use of the Board of Water Commissioners, management, and others within the administration and is not intended to be and should not be used by anyone other than these specified parties. c7~~~' W~,j4JyL~~ LARSON, ALLEN, WEISHAIR & CO., LLP Minneapolis, Minnesota February 8, 2006 . . . Memorandum To: From: Date: Mayor and City Council Diane Ward, City Clerk 5/24/2006 Subject: TRANSFER OF OFF SALE LIQUOR LICENSE The applicant, Raymond & Corinne Sharp, have submitted an application for the transfer of the off sale liquor license of Liberty Wines & Sprits, Inc. DBA: Liberty Wines & Spirits. The name of the business will remain the same, just the ownership has changed. ACTION REQUIRED: If Council approves, they should pass a motion to adopt Resolution No. 2006-_, APPROVING TRANSFER OF OWNERSHIP OF THE OFF SALE LIQUOR L1CENSE- LIBERTY WINES & SPIRITS, INC., DBA: LIBERTY WINES & SPIRITS. . APPROVING TRANSFER OF OWNERSHIP OF THE OFF SALE LIQUOR LICENSE - LIBERTY WINES & SPIRITS, INC., DBA: LIBERTY WINES & SPIRITS WHEREAS, request for transfer of ownership of the Off Sale Liquor License from Raymond & Corinne Sharp for Liberty Wines & Spirits, Inc., DBA: Liberty Wines & Spirits has been requested; and WHEREAS, the corporation name and business name will not change. NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the transfer of off sale liquor license conditioned upon filing all required documentation, approval by Police, Fire, Inspection Departments, and Minnesota Liquor Control. Adopted by Council this 6th day of June, 2006. . Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk e ~ . . . ". ~i J~~a te( ') THE BIRTHPlACf Of MINNESOTA ") TO: Mayor & City Council DATE: June 1, 2006 APPLICANT: Dave Dahl REQUEST: Special Event Permit Use of North Lowell Park MEETING DATE: June 6, 2006 REVIEWERS: Police Chief, Fire Chief, City Clerk, Interim Public Works Director, Community Dev. Director, Parks & Recreation Board PREPARED BY: Bill Turnblad, Community Development Director ~ Background Mr. Dave Dahl has submitted a Special Event Permit application on behalf of the Bikers in Need Foundation. The foundation is planning a rally for Saturday August 26, 2006. The rally would begin at Mulberry Point next to P.D. Pappy's. Event organizers would like to have the north end of Lowell Park/Mulberry Point area fenced off for their use between 8 and 11 am. Notes · No other events are planned for the north end of Lowell Park on Saturday morning the 26th of August. · Mulberry Street would be barricaded at the Mulberry Point circle for use by cyclists. · About 370 feet of fencing will be installed by the event organizers to contain the parking area for the cycles. PD Pappy's will be serving alcohol from their property and the drinks will be allowed within the fenced area. Location of the fencing will be substantially similar to that shown in the attached exhibit. · Either PD Pappy's or the event organizers will need to make application for a permit to consume alcohol in Lowell Park. · The details of the event can be seen in the attached application package. 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 IPr"C) 2~ 200G _ EmailAddress: c/;/~i( €Jks;jO, CCrn /3/ /le v:S 'IM- ;Je~/ !iv.JAI6-t/ CV\., Type of /J IJ 1<-/.- "" (, Or Organization r:{/ tl U ~_ 0- f V LA... , C C"- ~ { 57 V h. t. fsft/dWl flC{ <! e.- fJ f?f fJ'vL State /VI AJ Zip cs- r-O 0/ ((2-2(O~(9c,f Alternate Number tS(Z-'d'so ~9g-g7 Submittal Date: APPLICANT INFORMA TlON Organization Contact Person Address City Daytime Phone "' ~ 216 lY. 4t'l Street StilbvQter, JUlY 55082 Telep'IOJle: 651-430.8800 Fax: 651430.8809 . Non-Profit For-Profit K EVENT INFORMA TION (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) ib-rf 2"; 700(, Date(s) of Event Purpose & Description of Event Hours of Event 2 /J fl1 f-o IIIJ f'1 (Special Events conducted after 10:00 p.m., require Council approval of a variance to the noise ordinance) . ~ riff Proposed Location of Event (be specific) Type of Event Estimated number of people to attend C;V'4.S'.s. ct1/'CC_Cf c/V'c(c SC'v.. tfu of- fl/). (Ja ffJy-S _ IUfiY~ Lowc-I! failtf.. ~ ,<?Mk,~ /'164vc#,Lcs.. . (Circle which one or both) Sfw/lV fO:kfw JI10~dc~./ Y'~ If Lowell Park is to be used: ~rth Lowell P~ South Lowell Park ::t 2, () 00 . 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 AICOhO;~ Temporary Liquor Licenses are ONL Y available to non-profit organizations - $25.00 per day Permit to Consume Site Map (required) Impact on Parking (required) (for the consumption of beer, wine, wine coolers, and hard liquor on public property (parks) - $35.00 fee) X' Desed"e, cla~.!'+- Civc0 adu'a<~ . Ie> ~A .P~o/8 ( '" (CONTINUE ON BACK) .' Special Sign age JL Describe: LD( ie ~ WI.. e- /Jr Ire ys /h ;U eu( ~ u.~o.. f .Letter o.f Appro.val by Property Owner if an Private Property (attach to. applicatio.n) x Tents o.r Membrane Structures N/4 Size Co.o.king Operatio.ns /I.!..I.!} Propane Water Activities (River/Lakes)N # River Lake Name: EMS Needs Open Flame o.r Burning Operatians Firewarks Street Clo.sure Po.lice Officer Needed Restro.o.ms (Partable) Co.mmunity Develapment City Administratar City Clerk Fire Chief Po.lice Chief PubJic Works Directo.r Public Works Superintendent Parks Bo.ard Approval Required Planning Co.mm. Appr. Required City Co.uncil Approval Required . lo.catio.n Deep fat frying Exiting Paints Other L EMT Standby Ambulance Standby Fire Department Standby < )( fl! //1 /J!.Pl /If.I.-.If What Streets: (Required if alco.hal is being served an public pro.perty and attendance is aver 75 peaple o.r at the discretian o.f the Palice Chief) - Co.ntact Stillwater Palice (651- L 4351-4900) to. arrange far o.fficer L (Applicant to. pay far restro.o.ms - Can tact Public Wo.rks 275-4100) Describe &LA- -f c /of., v /'(; ..' 0.--. "i- . Type o.f Music r 6...1 to A. jve V/''s;ZfLt ,/- fi~ z P' /' /0 , Ii 1/l. tJ"-r D Co.mments: o [J2(' G:2r o D ~ o ~ -~ a'. miff FEES (if applicable) vV?1. . ~ Permit to. Co.nsume: Temparary Liquar License $25.00 per day Event Fee Depo.sit $250.00 Other Fees: eM!t ~uhU ~~#~Y7} ~ ~;C ~. --~ (d~'~:{~m~~ ~~gms~~ ~ . fad vJ~W f-;U;-~ d-/ I?1ut ~2n TOTAL FEES ~ate~ (;"..". ').~, ,...." ()"..,.,,,,,,,.') Dave Dahl Event Location Map '!\!! ~ ~ ... ..-"'\ .. ... , - ~ . \' \ ,. ~. ~" ~ ~. , .)~ Exhibit A . . . Page 1 of 1 Dahl, Dave From: greg Iindow [pdpap@msn.com] Sent: Friday, April 21 ,20062:52 PM To: Dahl, Dave Subject: Bikers in Need City of Stillwater & Dave Dahl, Please be advised that Bikers in Need have my permission to begin the charity motorcycle run at P.O. Pappy's on August 26th, 2006. Please do not hesitate to call me with any questions. Sincerely, Greg Lindow 651-303-1147 4/21/2006 , t/ r .Memo To: Mayor & City Council From: Diane F. Ward, City Clerk Date: 6/1/2006 Subject: Special Event - Friends of Stillwater Parks Attached is a special event in Pioneer Park by the Friends of Stillwater Parks. Typically this should go before the Parks Commission for their review and recommendation. Because the application was just received today and their first date is four days after the Parks meeting (not enough time to plan> it is brought before the Council this evening. ACTION REQUIRED: Review the event request. . . , ~ , . lwater 216 N. 4th Street Stillwoter, ItIN 55082 Telepholle: 651-430-8800 Fox: 651-430-8809 . 'lOll ..., .pl,.ae, 0" ",".fl.1. 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: ,Z; --:j J -00 APPLICANT INFORMA TION Email Address: Organization fhf'nl~ g 5-1/1101,#/ ;Ib/~J &I(~I (fLtIJ,rJ Po 8/( ?.;tJ- /il//WAI.-r State /35 ~cf'3&f Type of Organization Non-Profit X For-Profit Contact Person Address City HN Zip l5:sz+f2. Daytime Phone Alternate Number EVENT INFORMA TlON (Special Events involving the use of City Property may require Park Board or Parking Commission Review. Events on Private Property m~ require Planning Commission review) 1>d/~) J1zru /$ J Date(s) of Event ~-30-0& /-~ Hours of Event 7- 3 ~ -~ -1_ (Special Events conducted after 10:00 p.m., require ? _ 2. 'J ~ ..~ Council approval of a variance to the noise ordinance) . Purpose & Des ription of Event <f ess /0/75 ./. / '.,!? fJI/ /md~ -i' J'7U;/} t1 j2rh/L/ ;::v/-hN '/t or; Proposed Location of Event (be A ,/1;. I specific) rvl1.P-I/" /k_ --' heJ/Jd sA/p.. y a L /~d4- grL U'4pt do IJ f..e 4- f!//J' hI' 'IN ~/k. / . Estimated number of people to attend I!its / L p/f) /7.LtJ- j()(} . /."/' "'l d~;;l J ~ /~ ?uAd~ If Lowell Park is to be .4~, f used: ~ . North Lowell Park or South Lowell Park (Circle which one or both) //7h,,- zt'A2;j '0 Type of Event Following Information must be supplied (Put a check next to items pertaining to your event. If not applicable - Please put NIA in the space) Permit to Consume ~ Temporary Liquor Licenses are ONLY available to non-profit organizations - $25.00 per day AJ/.1. (for the consumption of beer, wine, wine coolers, and hard lit!,vor on public property (parks) - $35.00 fee) .AI)i (attach to application) . Describe: 01-SUU:...t Selling Alcohol Site Map (required) 7 Impact on Parking (required) (CONTINUE ON BACK) /I/] I 0 C'/cWu.- 1(~9 fi"" I /I,'/kfJ~ :J 7t(-/~ 7 " Special Signage 41t Describe: .Letter of Approval by Property Owner if on Private roperty (attach to application) Tents or Membrane Structures Cooking Operations Water Activities (River/Lakes) EMS Needs Open Flame or Burning Operations Fireworks Street Closure Police Officer Needed Restrooms (Portable) Live Entertainment 4 Size * Propane #River lake Name: Exiting Points Other location Deep fat frying Fire Department Standby Ambulance Standby ~MT Standby ..d/ff ~ What Streets: (Required if alcohol is being served on public property and attendance is over 75 . people or at the discretion of the Police Chief) - Contact Stillwater Police (651. NjtL 4351-4900) to arrange for officer Li)JL (Applicant to pay for restrooms . Contact Public Works 275.4100) /" . Type of Music .K leis /?JW /c, ~~/S at!/r/tPl/d Describe LJCisk/s f' ..;- level of Promotion/Advertisement Applicant Signature Community Development D Comments: City Administrator D City Clerk D Fire Chief D Police Chief D Public Works Director D Public Works Superintendent D Parks Board Approval Required D Planning Comm. Appr. Required D City Council Approval Required D . FEES (if applicable) Permit to Consume: Temporary Liquor License $25.00 per day Event Fee Deposit $250.00 Other Fees: TOTAL FEES . TO: Mayor & Councilmembers DATE: June 2, 2006 APPLICANT: Chicago Dogs REQUEST: Permission to Provide Concessions For Adult Softball League Games LOCATION: Lilly Lake Park MEETING DATE: June 6, 2006 REVIEWERS: Police Chief, Fire Chief, Public Works Supervisor Parks & Recreation Board . PREPARED BY: Bill Turnblad, Community Development Director . Background Mr. Bruce Chesin of Chicago Dogs has submitted a request to be permitted to sell concessions from one of his company's trailers at Lilly Lake Park. A picture of the trailer is included in the attached memo. If granted permission to do so, Mr. Chesin would bring the trailer to Lilly Lake Park and set it up for each event. After the event he would clean up the site and drive the trailer away. Notes · City Code Section 41-4, Subd. 14(8) states that peddlers and transient merchants are not allowed to operate within a City Park except by permit from the Parks & Recreation Board. · At their May 22, 2006 meeting, the Parks & Recreation Board considered Mr. Chesin's request. On a 6-1 vote the board granted permission on a trial basis for this year only, with two conditions. 1) Mr. Chesin must arrange with the Public Works Department to pay for electricity used by the concession stand. 2) The Police Chief should review the proposal. The board stated that the trial basis sales of concessions would be allowed in Lilly Park this year during league games only. Moreover the board made it clear that it is not interested in Chicago Dogs June 2, 2006 Page 2 allowing private concession sales in parks where there are no league ball games being played. If the concession sales runs well and does not generate complaints this year, the board would reconsider permission for next year at Lilly Lake Park. · The Police Chief has reviewed the proposal and finds it acceptable. Staff Recommendation Since the private sale of concessions in public parks is a policy decision with fairly broad implications, staff felt it prudent to bring the discussion to the City Council as well as the Parks Board. Staff recommends that the City Council consider the request and either affirm or overturn the Parks Board decision to grant Chicago Dogs approval to sell concessions at Lilly Lake Park this year. cc: Bruce Chesin Attachments: Parks Board memo . . . . . . ~i~W~l~~!,~ THE 8IRTHPl.ACE 0, MINNESOTA ') TO: Parks & Recreation Board DATE: May 18, 2006 APPLICANT: Chicago Dogs REQUEST: Permission to Provide Concessions For Adult Softball League Games lOCATION: Lilly Lake Park MEETING DATE: May 22, 2006 PREPARED BY: Bill Tumblad, Community Development Director Background Mr, Bruce Chesin of Chicago Dogs has submitted a request to be permitted to sell concessions from one of his company's trailers at Lilly Lake Park. If granted permission to do so, Mr. Chesin would bring the trailer to Lilly Lake Park and set it up for each event. After the event he would clean up the site and drive the trailer back. Analysis City Code Section 41-4, Subd. 1 defines the proposal as "transient" merchandising. A transient merchant needs to be licensed by the City Clerk. In addition, Subd. 14,(8) states that peddlers and transient merchants are not allowed to operate within a City Park except by permit from the Parks & Recreation Board. Board members should consider at least the following issues when determining whether to grant the requested permission: · Has the City allowed similar requests in the past? · Will there be any other concessions sold at Lilly Lake Park for adult softball events? · Is there an appropriate location for the trailer? One that does not interfere with parking or traffic circulation? One that has electricity available? Is potable water required? Chicago Dogs May 18, 2006 Page 2 · Should concession sales at Lilly Lake Park be restricted to the existing concessions stand? · What is the last date of the season that the concession trailer would be permitted in the park? Alternatives The Parks & Recreation Board has several options: 1. Approve the permit as requested with whatever conditions the Board believes are needed. 2, Deny the requested permit. A denial should be based upon specifically stated findings of fact. 3. Table the request for more information. Attachments: Application packet Lilly Lake Park air photo . . . .- . . Proposal Provide Food Concessions at Stillwater Lilly Lake Park Summer 2006 CHI-DOGS, Inc. d/b/a Chicago Dogs May 12, 2006 . Bill Tunblad Community DevelopmentDirector City of Stillwater Dear Mr. Tunblad: It was a pleasure talking to you today, regarding "Chicago Dogs" providing food concessions at Lilly Lake Park for the adult softball league games, I appreciate the time and information you gave me. As I told you, I would like to provide food concessions at the softball fields during the summer of 2006. The schedule that would be kept by "Chicago Dogs" at Lilly Lake Park would be based on the schedule set for the softball games and other commitments of "Chicago Dogs". I have enclosed information on CHI-DOGS, Inc, d/b/a! "Chicago Dogs, a sample menu of what I would serve and some of the events we were at during 2005 and references. Also enclosed are copies of my State of Minnesota and City of St. Paul Health Permit and my Food Managers Certificate and photos of the mobile trailer (the Dog Pound) for your review. Also, please checkout our web site at www.chicagodogmn.com. The menu enclosed is just a sample and items can be added or changed. Weare very flexible and will serve what our clients desire and the items that will sell. Also, on our web site you will be able to see where we will be appearing this summer. Chicago Dogs will be at the Rivertown Art Festival next weekend, May 20 & 21, in downtown Stillwater. If you are available, stop by and say hi. As you told me you will be bringing my proposal uJ? at a meeting May 22nd and if approved, it would go before the council on June 6 . I would appreciate it if you could keep me informed on how my proposal is received and if it would help if I were to attend either of these meetings. . If you have any questions, please feel :free to contact me at 612-875-6380 or bye-mail at bkchotel@aol.com. .., / / /) / SinC5'e~vfj("" /~/=I -~.".."'~""'/"""".""""" /~,/.P ......."._.....'-~-~ ~khesin --.-------- Chicago Dogs . .. . . "Chicago Dogs" Trailer Menu #1 Sandwiches Chicago Style Hot Dog - The Works - poppy seed bun, brown mustard, onions, green relish, tomatoes, cucumbers, sport peppers, pickle spear, celery salt Poppy seed bun, chili wi beans, cheese onions, sport peppers Chili Cheese Dog - Poppy seed bun, chili w/beans cheese onions sport peppers Coney Dog - Poppy seed bun, coney sauce, onions, yellow mustard Boston Dog - Poppy seed bun, yellow mustard, baked beans, onions Your Way Dog - Have it fixed how you like it poppy seed bun or soft flour tortilla wrap brown mustard green relish yellow mustard chopped onions ketchup diced tomatoes cheese sauce sliced cucumbers sauerkraut fried onions & peppers baked beans kosher dill pickle spears giardiniera relish sport peppers celery salt mayo * Hot DOl!s 100% All Beef'\" Italian Beef - Half or Whole Hoagie roll, seasoned roast beef, Italian gravy, fried onions & peppers, giardiniera relish, sport peppers Your Way Burger - Have it fixed how you like it Hamburger bun, and your choice of any of the above toppings ** All sandwiches prepared as you like** Extras Potato Chips (plain, barbeque, sour cream & onion, Doritos) Cup of Chili & Beans wi onions & cheese Cup of Seasoned Baked Beans Beveraees Assorted Soda Water Coffee . MAY 2 7 . POST iYIIN1\IESOTA DEPARTI'/IENT OF HEALTll 625 Robert Street North: P.O. Box 64975 Environmental Health Division St. Paul, MipJlesota 55164-0975 (651) 201-4505 NOT TP_~JSFEF~BLE CONSPICuOUSLY AS TO PERSOhT OR PLJl",CE LICENSE NO. FEL-OOlS620-21952 FOR THE OPERJ\TION OF: BASE FEE, HOSPITALITf FEE, MOBILE FOOD LTNIT FEE PAID: 78 235.00 LICENSE PERIOD: January I, 2006 THRU December 31, 2006 ISSUED TO: A.TLTl Chesin 1311 Ramsey Street West Stillwater, ~m 55082 ESTABLISHMENT NN1E: Chicago Dogs 1311 Ramsey Street West Stillwater, MN 55082 COlTNTY: l\mEILE UlifIT CITY: Stillwater TOI"il'JSHIP: LIC TYPE, f\'ID . 10 # ~ ~ = ~ ~ ~ = ~ ~ ~ .- ~ . MEMORANDUM TO: Mayor and City Council q~ FROM: Shawn Sanders, Interim Public Works Director DATE: May 31, 2006 SUBJECT: 2nd & Nelson Storm Sewer Improvement Project Approval of Plans & Specifications and Authorize Advertisement of Bids (Project 2006-08) DISCUSSION Plans and specifications for the 2nd & Nelson Storm Sewer Improvement Project have been completed. The bid date will be July 10, 2006 at 2:00 P.M. with bids presented to Council at the July 11, 2006 meeting. . RECOMMENDATION Staff recommends that the City Council approve the plans and specifications for the 2nd & Nelson Storm Sewer Improvement Project and authorize advertisement for bids. ACTION REQillRED If Council concurs with staff recommendation, Council should pass a motion adopting RESOLUTION 2006- APPROVING PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE 2ND & NELSON STORM SEWER IMPROVEMENT PROJECT (PROJECT 2006-08). . . APPROVE PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2nd & NELSON STORM SEWER IMPROVEMENT PROJECT (PROJECT 2006-08) WHEREAS, pursuant to a resolution passed by the Council on March 21, 2006, the City Engineer has prepared plans and specifications for the 2nd & Nelson Storm Sewer Improvement Project (Project 2006-08) and has presented such plans and specifications to Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The plans and specifications presented by the City Engineer are hereby approved. 2. The City Clerk is ordered to prepare and cause to be inserted in The Gazette and in the Construction Bulletin an advertisement for bids upon the making of the improvement under the approved plans and specifications. The advertisement shall be published once in the Stillwater Gazette and twice in the Construction Bulletin, shall specify the work to be done, shall state that bids will be received by the City Clerk until Monday, July 10, . 2006, at 2:00 p.m. at which time they will be publicly opened at City Hall by the City Engineer; will then be tabulated and will be considered by the Council at their next regular Council meeting on July 11, 2006, in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for ten (10) percent of the amount ofthe bid. Adopted by the Council this 6th day of June 2006. Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk . . . . MEMORANDUM TO: Mayor and City Council Shawn Sanders, Interim 1ttlic Works Director FROM: DATE: May 31,2006 SUBJECT: Parking Restrictions for Boutwell Road Project 2005-05B DISCUSSION Plans are currently being worked on the street improvements for Boutwell Road from Newberry Court North to Manning Ave (County Road 15). This project would construct Boutwell Road to a 26-foot wide urban street from its rural section of20 feet. Boutwell Road is designated as a Municipal State Aid Street, and certain standards must be met for State Aid approval. Since Boutwell Road is being construction to be a 26-foot wide street, parking will be restricted on both sides of the street. This restriction requires a resolution by Council and the resolution is part of the submittal of plans to the State Aid office for approval of the project and the expenditure of funds to the City. RECOMMENDATION It is recommended that Council consider and approve the resolution to restrict parking on Boutwell Road. Council resolution is required for State Aid plan approval. ACTION REQUIRED If Council concurs with staff recommendation Council should pass a motion accepting RESOLUTION 2006- APPROVING PARKING RESTIRCTIONS ON S.A.P. 169-122-02 BOUTWELL ROAD FROM NEWBERRY COURT NORTH TO MANNING AVENUE (COUNTY ROAD 15). PROJECT 2005-05B RESOLUTION NO. 2006 - RELATING TO PARKING RESTRICTION ON S.A.P. 169-122-02 FROM NEWBERRY COURT NORTH TO MANNING AVENUE (COUNTY ROAD 15) IN THE CITY OF STILLWATER, MINNESOTA. THIS RESOLUTION passed this 6th day of June 2006, by the City of Stillwater in Washington County, Minnesota. The Municipal Corporation shall hereinafter be called the "City" , WITNESSETH: WHEREAS, the City has planned the improvement ofMSAS 122, Boutwell Road from Newberry Court North to Manning Avenue (County Road 15) WHEREAS, the City will be expending Municipal State Aid Funds on the improvement of this Street; and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street; and approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW, THEREFORE, IT IS THEREBY RESOLOVED: That the City of Stillwater shall ban the parking of motor vehicles on the north and south side ofMSAS 122 (Boutwell Road) at all times. Dated this 6th day of June 2006. CITY OF STILLWATER BY Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . . . J' , . . . MEMORANDUM TO: Mayor and City Council Shawn Sanders, Interim P~~ orks Director FROM: DATE: May 31,2006 SUBJECT: 2006 Street Improvement Project Approval of Street Light Contractor Project 2006-02 DISCUSSION: Staffhas received two quotes for the installation ofthe street lights as part ofthe 2006 Street Improvement Project. The low bidder was Signature Lighting of Anoka, MN who submitted a quote of $48,370.00 for the installation of thirteen lights. The other low bidder was Xcel Energy Outdoor Lighting, whose bid included only ten lights, was $83,900.00. RECOMMENDATION Staff recommends that Council accept the quotes for the street lights in the 2006 Street Improvement Project and approve Signature Lighting as the low bidder. ACTION REQUIRED If Council concurs with staff recommendation, Council should pass a motion adopting RESOLUTION 2006- ACCEPTING PROPOSAL AND AWARDING CONTRACT FOR THE STREET LIGHT INSTALLATION OF THE 2006 STREET IMPROVEMENT PROJECT (PROJECT 2006-02), ACCEPTING PROPOSAL AND AWARDING CONTRACT FOR STREET LIGHT INSTALLTION ON THE 2006 STREET IMPROVEMENT PROJECT WHEREAS, a proposal for the installation of street lights for the 2006 Street Improvement Project has been received and complies with the specification for such system; and WHEREAS, the proposal was presented to Council, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with Signature Lighting, in the name of the City of Stillwater for the installation of street lights for the 2006 Street Improvement Project. Adopted by the City Council this 6th day of June 2006. Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk \. , . . . r 18430 Krypton St NW Anoka, MN 55303 Office-763-753-8157 Fax -763-753-7581 . o '{;i opportut:fity tollsubdlliiithi posal for Ie a J6:eJrligh~: Sou , Morningside Rd, Harriet Dr, Rainbow Ct and Everett Dr. Our goal is to formation to assist you in your decision making process. We are confident we nsive package that will meet all your needs. own on the enclosed sketch and will consist of the following material: - 100 W res with photo-controls - 15' direct buried aluminum poles - ground level connection box - disconnect boxes stallation of 3,976 feet of 1 'Iz" conduit including 250' of pneumatic boring (driveways) and 210' of rectional drill (side yard bore at 1604 South Harriet Street) stallation of cooper wire rmination in poles and disconnect boxes ectric Permit labor and miscellaneous electric material to install above and traffic control o o o o o o o o stallation Price: $49,370.00 including state sales tax Any additional boring will be billed at $7.50 per foot Price does not include any hard or soft surface restoration other than bore pits Price is valid through June 16,2006 Copper wire will be priced at time of agreement eciate the opportunity to submit this proposal to you and look forward to offering our services to you. ave any questions or need any clarifications, please feel free to contact me at (763) 753-8157 or (612) 2. e Lighting, Inc is excited about partnering with you all your lighting needs and again we appreciate this nity. Principle Representative . .~ tl Xcel Energy'. OUTDOOR LIGHTING 825 Rice Street st. Paul, MN 55117 . April 14, 2006 City of Stillwater Attention: Tim Moore 216 N 4th Street Stillwater, MN 55082 Dear Mr. Tim Moore: Xcel Energy Outdoor Lighting is pleased to have an opportunity to submit a proposal for the City of Stillwater Forest Hills streetlight project. Our goal is to provide you with the necessary information to assist you in your decision making process. We are confident we can provide you with a comprehensive package that will meet all your needs. Please find below styles of product and the estimated project costs. This proposal includes all underground facilities installed using the plowing or boring method for conduit and wire and the installation of each of the following material: City of Stillwater Forest Hills Streetliqht Proiect: The cost to install a Group 5 streetlight system consisting of: . Option 1. 10 - Traditional fixtures mounted on fiberglass poles. Total cost to install- $75,000.00. The monthly per streetlight fee is $5.82. 10 -100W HPS Traditional Fixture 10 - 18' Direct set fiberglass poles 10 - 100W HPS bulbs 10 - Photo Controls Option 2. 10 - Colonial fixture mounted on fiberglass poles. Total cost to install $83,900.00. The monthly per streetlight fee is $5.82. 10 - 100W HPS Colonial fixture 10 -18' Direct set fiberglass poles 10 - 100W HPS bulbs 10 - Photo Controls The above bids do not include the removal of existing customer owned streetlights. Xcel Energy Outdoor Lighting is very excited to partner with the City of Stillwater for all your lighting needs. If you have any questions regarding the proposal, please feel free to contact me at office number 651-229- 2400 or cell phone number 612-790-3758. Sincerely, . Edward Sieging . MEMORANDUM TO: Mayor and City Council ,~" FROM: Shawn Sanders, Interim Public Works Director DATE: May 31,2006 SUBJECT: Boutwell Road Project Phase 3 Project 2005-05B DISCUSSION . Last year the City improved Boutwell Road from Myrtle to Newberry Court. It is proposed to improve the remaining section of Boutwell Road to Manning Avenue this year. Sewer and water are being installed right now between Creekside Crossing and Newberry Court as part of Phase 2 construction. For the most part Phase 3 construction would be funded through State Aid monies. RECOMMENDATION It is recommended that Council pass a resolution ordering the improvement and directing the engineer to prepare plans and specifications. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting RESOLUTION 2006- ORDERING IMPROVEMENTS AND PLANS & SPECIFICATIONS FOR THE BOUTWELL ROAD PROJECT PHASE 3 PROJECT 2005-05B . ORDERING IMPROVEMENT AND PREPARATION OF PLANS & SPECIFICATIONS FOR THE BOUTWELL ROAD PROJECT PHASE 3 (PROJECT 2005-05B) WHEREAS, Boutwell Road Project Phase 3 is a State Aid project for street improvements on Boutwell Road; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the council resolution adopted the 6th day of June 2006. 2. City of Stillwater Engineering Department is hereby designated as the engineer for this improvement. They shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 6th day of June 2006. Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk . . . . MEMORANDUM TO: Mayor and City Council ,~ Shawn Sanders, Interim Public Works Director FROM: DATE: May 31,2006 SUBJECT: 2006 Sidewalk Rehabilitation Project DISCUSSION: It is proposed to have a sidewalk rehabilitation project in 2006. The last sidewalk project we had was in 2002. $100,000 has been budgeted for this year's project. Staffis currently completing an inventory of potential hazards on sidewalks in the City. If Council wishes to have a project this year, the first step is for Council to authorize staff to prepare a feasibility report. RECOMMENDATION: . It is recommended that Council consider a sidewalk rehabilitation project for 2006 and authorize staff to prepare a feasibility report. ACTION REQUIRED: If Council concurs with the recommendation they should pass a motion approving RESOLUTION 2006- RESOLUTION ORDERING PREPARATION OF REPORT FOR THE 2006 SIDEWALK REHABILITATION PROJECT (PROJECT 2006-05). . RESOLUTION ORDERING PREPARATION OF REPORT FOR THE 2006 SIDEWALK REHABILITATION PROJECT (PROJECT 2006-05) BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 6th day of June 2006. Jay L. Kimble, Mayor ATTEST: Diane L. Ward, City Clerk _______. . . . Memorandum To: From: Date: Subject: Mayor and City Council Diane Ward, City Clerk May 31,2006 Human Rights Commission Appointment An application has been received from Georgene Gray for the Human Rights Commission. Marcia Nelson submitted her resignation as she moved out of the City. Ms. Gray would fill the unexpired term of Ms. Nelson which expires January 1, 2008, ACTION REQUIRED: . Consider the applicant and if Council approves the application they should adopt a resolution appointing Ms. Gray to the Human Rights Commission. . . APPOINTMENT TO HUMAN RIGHTS COMMISSION NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, hereby appoints Georgene Gray to fill the unexpired term of Marcia Nelson which expires January 1,2008: Adopted by Council this 6th day of June, 2006 Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk . . . MEMORANDUM June 2, 2006 TO: Mayor and City Council FROM: Diane Ward, City Clerk SUBJECT: Amendment to Liquor License - Stone's Restaurant DISCUSSION: . At their February 13, 2006 meeting the Planning Commission approved a Special Use Permit for outside seating for Stone's Restaurant. Attached is the special use permit and drawing of the outside seating area. The original liquor application did not include this entire area. Minnesota Liquor Control requires that the changed drawings be approved by the City Council to amend their liquor license to include the entire patio as part of their premises for the sale of intoxicating liquor. Also attached for your approval is the 2:00 a.m. liquor license application. RECOMMENDATION: It is recommended that staff be directed to submit the changed patio drawings and 2:00 a.m. liquor license application to Minnesota Liquor Control. ACTION REQUIRED: If Council wishes to approve the change of the patio to Stone's Restaurant liquor license, Council should pass a motion approving the patio change and authorizing staff to submit the drawings to Minnesota Liquor Control for their approval. . AIc>JJ;ol.& Gambling fnfufCeJOlln1 . Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division (AGED) 444 Cedar Street, Suite 133, St. Paul, Iv1N 55101-5133 Telephone 651-296-6979 Fax 651-297-5259 TTY 651-282-6555 www.dps.state.mn.us Application for Optional 2 AM Liquor License License type code: 2AM License Expiration Date ID# (ror OtfIce Use Only) Licensee Name: f)11'l. h~ ( 5 . ~ ~e.. Trade Name: S+~-e".S RY-~~A""'t'A.,^-+ Licensed Location Address: 3;1. 'I ~. m Ct /' '" City, State, Zip Code: S 1-. '/1 t-cJ~ ~r:" ~ WI ."v . Business Phone: ? 5 I" 't: ~ 9, /'0 6 If the above named licensee is a corporation, partnership, or LLC, complete the following for each partner/officer: # Home Address s~ S-S-OS' 2- Partner/Officer Name (First Middle Last) DOB Social Security # . Home Address Partner/Officer Name (First Middle Last) DOB Social Security # Home Address Licensee must report previous 12 month on sale alcoholic beverage gross receipts by checking one of the boxes below. Next to the box you check is your 2 AM license fee. Make check payable to: Alcohol and Gambling Enforcement Division (AGED). Mail this application and check to : AGED, 444 Cedar St., Suite 133, St. Paul, Iv1N 55101-5133. If $200 2 AM license fee - Up to $100,000 in on sale gross receipts for alcoholic beverages o $500 2 AM license fee - Over $100,000, but not over $500,000 in on sale gross receipts for alcoholic beverages o $600 2 AM license fee - Over $500,000 in on sale gross receipts for alcoholic beverages o $200 2 AM license fee - 3.2% On Sale Malt Liquor licensees or Set Up license holders o $200 2 AM license fee - Did not sell alcoholic beverages for a full 12 months prior to this application MYes 0 No Does your city or county licensing official allow the sale of alcoholic beverages until 2 AM? City Clerk/County Auditor Signatu'te Date (I certifY that the city or county of approves the sale of alcoholic beverages unti wered the above questions truthfully and correctly) Licensee: Prior to submitting this application to the Alcohol and Gambling Enforcement Division, it must be signed by your local dtyor county licensing official. (2AM-2004) . . . ,OORIGINAL CITY OF STILLWATER Case No.: SUPN/06-05 Permit Fee: $1,00 Date Fee Paid: 1/31/06 ZONING USE PERMIT Certificate of Compliance Rezoning Sign X Special Use Permit X Variance Conditional Use Amended Planned Unit Development Grading Other Applicant: Michael Stone, 324 South Main Street, Ste 280, Stillwater MN 55082 Project Address: 324 South Main Street City/State/Zip Code: Stillwater MN 55082 Property Description: 28-030-20-41-0064 Zone District: CBD Permitted Use: Special use permit for an expansion of outside seating for a restaurant (Stone's) and a variance to the parking regulations. Commission Findings: 1. That there is a hardship due to size, location and current configuration of the lot. 2. That there is a need to expand the structure to enable the property owner to continue to enjoy their property rights. 3. That the proposed improvement will not impact detrimentally on the adjacent properties and that the general intent of the Comprehensive Plan is not compromised. Conditions of Approval: 1. Only soft landscaping lighting (low voltage) shall be permitted. 2. Evening outdoor music is allowed but subject to review and revocation or adjustment upon complaint. 3 Expansion shall adhere to supplied drawings and are subject review and approval by the Community Development Director if changes are needed. We accept the conditions of this permit. We understand that any changes from these plans must be reSUb~~ 0 J ---~ 17) - , Owner or Representative Commu y De opment Di .> 'Z-~O~ Date -1~ ;f~ ?~~ ---=1 . } ODate This variance is granted pursuant to the zoning ordinance and is not a substitute for a building permit. A building permit is issued by the city building official after approval of the plans and payment of the building permit fee and state surcharge. This variance will be null and void if the project that is permitted by this variance is not completed within two years from the date the permit is granted. 3577725 111111111111 111111111111111 11111 11111111111111 III/ Office of the County Recorder Washington County, MN . State of Minnesota City of Stillwater Certified tiled and/or recorded on: 2006/04106 3:01 :00 PM 3577725 ea;~ (C(Q)[P)1f City of Stillwater Planning Commission Proceedings In the Matter of Planning Case No. SUPJV/06-05 Owner: Grand Garage of Stillwater, LLC Order Granting a Special Use Permit and Variance The above entitled matter came to be heard before the Planning Commission on the 13th day of February 2006, on a request for a special use permit and variance pursuant to the City Code for the following described property: 324 Main Street South GEO Code: 28-030-20-41-0064 Legal Description: Sect/Twn/Range PLAT 10692 LOT: 008 STILLWATER BLOCKS 28-29 BLOCK: 029 ALL THAT PT OF LOTS 8-9&25 BLK 29 ORIGINAL TOWN(NOW OTY)OF STILLWATER LYING WEST OF MAIN ST-EAST OF 2ND STNORTH OF NELSON ST AS DESC IN BOOK V OF DEEDS ON PAGE 187-& SOUTH OF THE FOLL DESC LINE:BEG AT PT ON THE ELINE OF SD LOT 8 WHICH IS 15FT SO OF THE NE" CORNER OF SD LOT 8 THNC W AT RT ANG TO MAIN STREET 300FT TO THE E LINE OF SECOND STREET & SD LINE THERE TERMINATE WHICH LIES ELY OF A LINE 199. 90FTWLY OF AS MEASURAT RT ANG TO & PAR WITH THE E LINE OF THE ABOVE DESC TRACT & SITUATE IN WASHINGTON COUNlY MN . INCLUDING ANY PT OR PORTION OF ANY ADJACENT STREET OR ALLEY HERETOFORE VACATED OR TO BE VACATED ORIGINAL TOWN(NOW CITY)OF STILLWATER Purpose: A special use'permit for an expansion of outside seating for a restaurant (Stone's) and a variance to the parking regulations. Upon motion made and duly approved by the requisite majority of the Planning Commission, it is ordered that a Special Use Permit and Variance be granted upon the following conditions of approval: Commission Findings: 1. That there is a hardship due to size, location and current configuration of the lot. 2. That there is a need to expand the structure to enable the property owner to continue to enjoy their property rights. 3. That the proposed improvement will not impact detrimentally on the adjacent properties and that the general intent of the Comprehensive Plan is not compromised. Conditions of Approval: 1. Only soft landscaping lighting (low vOlt;3ge) shall be permitted, 2. Evening outdoor music is allowed but subject to review and revocation or adjustment upon complaint. 3. Expansion shall adhere to supplied drawings and are subject to review and approval by the Community Development Director if changes are needed. Dated this 24th day of March, 2006. .~ This variance is granted pursuant to the zoning ominance and is not a substitute for a building permit. A building permit is issued by the city building official after approval of the plans and payment of the building permit fee and state surcharge. This variance will be null and void if the project that is permitted by this variance is not completed within two years from the date the permit is granted. . . THE BIRTHPLACE OF MINNESOTA STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF STILLWATER OFFICE OF COMMUNITY DEVELOPMENT I, Bob Lockyear, Interim Community Development Director for the City of Stillwater, Minnesota, do hereby certify that I have compared the foregoing copy and Order Granting a Special Use Permit and Variance to the original record thereof preserved in my office and have found the same to be correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand and the seal of the City of Stillwater, Minnesota, in the County of Washington on the 24th day of March 2006. ity Development Director . Drafted by: David T. Magnuson City Attorney The Desch Building 333 North Main Street, Suite 202 PO Box 438 Stillwater MN 55082 CITY HAll: 216 NORTH FOURTH STREET. STillWATER, MINNESOTA 55082 PHONE: 651-430-8800 . WEBSITE: www.ci.stillwater.mn.us . ~~~~~ ~~~g3 ~~~gl ~~3 * II( It \T Z * l .11 \T Z ~ ~~ ~~ zE ~i~ Ieo~ [h 000 ::l-< ~~g 000 ~ 00 ~ ... r 00 ~\T Ii; ~z ~! Ul " 0 \T Z 5 z~ ~ /Il II> ~~ i J) ~ >(\T ~% .:( ~ H 1= V) ~ ~ ~ ~ S ~ g' ~::l ~~ Z g~~ a ~ J !IlIflZ~ ~ - ~t~~ ~ ~ r:: ~ I ~II>~II> c.) i~~~ LD V) ::l Iflll>~ ~ ~ g~ V) e ~g ~ ~~ ~ ~ ~ i-I lI) . MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Interim Public Works Director DATE: June 1, 2006 RE: 2006 Street Sealcoat Project Project 2006-06 DISCUSSION: . Bids for the 2006 Street Sea1coat Project were opened on Thursday, June 1,2006. The City received two bids with the low bid of$513,747.50 submitted by Allied Blacktop Co. (see attached resolution). The City's share for this project is $101,262.29. RECOMMENDATION I recommend that the City accept the bids submitted for the 2006 Street Sea1coat Project, Project 2006-06 and award the contract to Allied Blacktop Co with a low bid of $513,747.50. The Engineering Department will reduce the scope ofthe project to reflect the budget amount of $1 00,000. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting the Resolution 2006- ACCEPTING BID AND AWARDING CONTRACT FOR 2006 STREET SEALCOAT PROJECT e ACCEPTING BID AND AWARDING CONTRACT FOR 2006 STREET SEALCOA T PROJECT (Project 2006-06) . WHEREAS, pursuant to an advertisement for bids for the 2006 Street Sealcoat Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement; BIDDER BID AMOUNT Allied Blacktop Co., Maple Grove, Minnesota $513,747.50 Astech Corp., St. Cloud, Minnesota $598,750.00 and WHEREAS, it appears that Allied Blacktop Co. of Stillwater, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: . 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Allied Blacktop Co. of Maple Grove, Minnesota in the name of the City of Stillwater for the sealcoating of streets according to the plans and specifications therefore approved by the City Council and on file in the office ofthe City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 6th day of June 2006. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk e . . . Memo To: From: Date: Subject: Mayor and City Council Diane F. Ward, City Clerk 6/6/2006 Freight House - Rumble on the Deck At the May 16th meeting, Council approved the special event - Rumble on the Deck for the Freight House. It has been requested that they be allowed to fence in the area that they will be using to allow the consumption of alcohol. I have talked with Chief Dauffenbach and he does not foresee a problem allowing it if the area is fenced off. The Freight House can not sell in the parking lot because their liquor license is only for their premises. A temporary liquor permit (1-4 day) is only available to non- profit organizations. As with the Bikers In Need event, a consumption permit ($35.00) should be required along with the Freight House continuing to work with the Police Department. RECOMMENDATION: It is the recommendation that the request be approved contingent upon a Permit to Consume being issued and Freight House working with the Police Department relating to this event. ACTION REQUIRED: Consider the request and provide staff with direction. .r I . . . MEMORANDUM June 2, 2006e TO: Mayor and City Council FROM: Diane Ward, City Clerk SUBJECT: Amendment to Liquor License - American Legion DISCUSSION: At their May 1, 2006 meeting the Heritage Preservation Commission approved a Design Review Permit for outside seating on a deck for the American Legion. Attached is the Design Review Permit and drawing of the outside seating area. The original liquor application did not include this area. Minnesota Liquor Control requires that the changed drawings be approved by the City Council to amend their liquor license to include the deck as part of their premises for the sale of intoxicating liquor. RECOMMENDATION: It is recommended that staff be directed to submit the drawing to amend their liquor license to include the deck as part of their premises for the sale of intoxicating liquor. ACTION REQUIRED: If Council wishes to approve the change of the amendment their liquor license to include the deck as part of their premises for the sale of intoxicating liquor, Council should pass a motion approving the patio change and authorizing staff to submit the drawings to Minnesota Liquor Control for their approval. " .~ CITY OF STILLWATER Case No.: DR/06-17 HPC Meeting: 5/1/06 . DESIGN REVIEW PERMIT Heritage Preservation Meeting Date: May 1, 2006 Description of Project: Design review of parking lot and a 25' x 50' deck Applicant: American Legion Post #48, Dave Swanson Project Address: 101 3rd Street South Property ID No,: 28-030-20-42-0106 and 0105 Zoning District: CSD Conditions of Approval: 1. A proposed color palate for the block located under the deck shall be submitted and approved by the Community Development Director. 2. Sample of the exterior lights shall be submitted and approved by the Community Development Director, . 3, A detailed site plan shall be submitted with the building permit application showing the lot lines, existing building location, proposed improvement location including stairways, curb cut and drive aisle for the parking lot, 4, All revisions to the approved plan shall be reviewed and approved by the Heritage Preservation Commission, We accept the conditions of this permit. mQ~4: Owner or Representative ~!~~& Date We understand that any changes from these plans iff l/&ner )(u> }()& Date . . . ~CJ) c.> ....... CIJ::': 0- -i~ 2:0) ~ro ~.., ~)> ~3 (DCD ..., - .., s::-' zO 0) ::J r- CD (Q -. o ::J ,... <0 <0 ~I 01 o T I\.) 01 01 o !'.)m ~::::o ~O) ~()O )>cn ~~ (X) co 010 1\.)00 ~...... "0....... 01 _. - Q) ::l. OCD O::J ~ 3 Q ;:)r- -. Xo ~a. r::J 00 xo 3 - x :i' 0....... I\.) " 0> 01 m_~ CD ~(Q () ~O .., ~~ 0 ~ Q. ::J ...... 0) :c~ 0 0 '< CD 0 I\.) "0 C. ....... . Legislative Associatesj I ne. '" P.O. Box 2131 stillwater, MN 55082 (651) 439-7681 Fax (651) 439-7319 . . washington D.C. (651) 303-2424 Email: cainlai@aol.com May 31, 2006 To: Mayor Kimble, Council Members, and Larry Hansen, City Administrator From: Ed Cain, LAI Subject: Legislative Report: Stillwater Issues 1. Stage 3 Flood Control Federal Appropriation-$2 million 2. State Matching Fund-$250,OOO 3. Stillwater Armory on the DOD FDYP Federal Issues: The Congress took our problem seriously when the Corps redirected the $2 million appropriated for Stillwater to other projects. They passed legislation requiring the Corps to get Congressional approval before funds are transferred between projects. The Corps is now attempting to get back some of our funds, and, as a result of the new Law, have to first get the approval of the Appropriations Committees first. They were having trouble doing this, so I ask them to include the transfer back to Stillwater in the new Appropriations Bill. Working with Representative Kennedy, we were able to get this done in the House Bill I will be back in Washington on June 5-7, to work on our $2 million appropriation request for this year. I should have some information about the status of our request by the end of next week. These funds will be used for the construction of Stage 3, currently scheduled for the Spring of 2007. The St. Paul Corps office gets a D~ for communication on our project. I will get a meeting set up with soon to get an update on their work. I believe it would be good if any Council Members could attend. The design, plans, and specifications for the project should be near completion. State Request for Matching Funds: Mr. Hansen and I worked with Clayton to complete and submit an application for $250,000 for the State match for the $2 million Federal funds requested. These funds will be administered through the "Flood Mitigation Grants Program" (FMG) by the DNA. The Bonding Conference Committee of the Legislature increased the funds for FMG to $25 million this year, higher than both the House and the Senate bill amount. Their will be ample funds available for Stillwater Stage 3 as soon as Congress passed the Federal appropriation. Stillwater Armory Status: After several years of work, the Stillwater Armory Project has finally been included in the Department of Defense "Future Development Years Plan" know as FDYP (pronounced Fidip.) While the current timing for the DoD~FDYP is scheduled for FY 2011, the Nation Guard Headquarters made it clear that Congress can move the project timing up just as long as we are on the future construction list. This is a very important step for us, and we'll now begin to get it in line for construction in the 2007 budget year. (1 ) Chair: A2enda: Minutes: STILLWATER TOWNSHIP May 25 2006 . Countryman Adopt Approve Minutes: Town Board Meetings April 27 and May 11 & 18, 2006 SPECIAL PRESENTATION Dennis Walter Homeland Security Treasurer: Attornev: Planner: En2ineer: 1. Report 2. Claims And Checks 3. Escrow Update 1. Sign Registered Land Survey-Bluffs on S1. Croix 2. Accessory Building Zoning Change 3. Keefer Road Easement 4. Arcola Trail Issues 5. MacKenzie Tail Easement 6. Richtman Contract 1. Will Not Present 1. Lepinski Issue 2. Rydeen Issue . People Portion: 1. Buchman Discussion Re: Escrow 2. Clerk: 1. 2. Committees: 1. Park Committee 2. Planning Commission Old Business: 1. New Business: 1. Adiourn: . 5/22/2006 Pat Bantli . \~ ---. ' , f' \~ ........ " "\~ ~-~- . -" '. HOPE HOUSE of St. Croix Valley 451 No_ Everett St. Stillwater, MN 55082 (651) 351-0907 .X (651) 351-9510 Webslte: . , hopehousestillwater.org \~ -. f"'" .~, , May 23, 2006 City of Stillwater Mayor and Council . 216 North 4th Street- Stillwater, MN 55082 Dear Mayor and Council, The Hope House 11 th annual fund raising auction was once again a great success, I.want to personally thank you for: allowing' Hope' House to close Everett Street for our event as well as providing us with the necessary barricades to do so. ' . The auction has provided the St. Croix Valley community a wonderful (OppOT'tuR~tyjp work together! We appreciate your continu~~ support. \ Again thank YDtr~ . ~co:::tty). ".,-~ . Executiv Director , : Hope House of St. Croix Valley provides ~ non- Judgmentalliome and compassionate care that respects the dignity of people living with HIV I AIDS" Summary of Proceedings Washington County Board of Commissioners May 16, 2006 . Present were Commissioners Dennis C. Hegberg, District 1; Gary Kriesel, District 3; Myra Peterson, District 4; and Dick Stafford, District 5. Commissioner Bill Pulkrabek, District 2, absent. Board Vice Chair Kriesel presided. Assessment. Taxpayer Services and Elections Approval of the following actions: Resolution No. 2006-071, application from the St. Paul East Park Lions Club to conduct excluded bingo; Resolution No. 2006-075, premises permit application from the Cottage Grove Lions Club. Commissioner Reports - Comments - Questions The Commissioners reported on the following items: Commissioner Hegberg: Met with City of Forest Lake to discuss a possible overpass on 1-35 and its cost; Met with Congressman Oberstar to discuss a Rush Line Corridor Study of a Highway 65 corridor; and Reported on meetings he attended for the Minnesota Counties Insurance Trust and PERA; Commissioner Stafford: Suggested a workshop to discuss reviving the Cost Effective Operations Commission; Asked that Transportation staff provide the Board with a summary of an open . house held on May 16 in Forest Lake to discuss roundabouts; and advised John Kaul, county legislative liaison, that he would support a ~~ sales tax increase for transit but had mixed feelings about its use for a stadium; Commissioner Peterson will be attending the Transportation Advisory Board meeting on May 17 to express her feelings about the Met Council Chairs comments regarding the ~~ sales tax for transit. Community Services Approval of the following actions: Appoint Stacy Kennedy, Woodbury, to the Workforce Investment Board as a Small Business Representative to a first term expiring June 30, 2008; Agreement with Metropolitan Counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and the State of Minnesota for the purpose of managing a joint long-term homelessness support servIce program; Board workshop with Workforce Investment Board for an update on their activities and strategic plan. General Administration Approval of the following actions: May 9,2006 Board meeting minutes; Legislative update; 2006 Annual Performance Report; Board correspondence was received and placed on file. . . . e Public Health and Environment Approval of an amendment to the Public Health Emergency Preparedness and Response to Bioterrorism agreement with the Minnesota Department of Health. Sheriff's Office Approval ofthe following actions: Resolution No. 2006-072, authorizing execution of an agreement for the 2006 federal boating enforcement supplemental grant; Resolution No. 2006-073, annual county boat and water safety agreement; Accept a donation from Cub Foods and Milk-Bone in the amount of$5,000 to offset expenses associated with the newest K-9 team. Transportation and Phvsical Development Approval of Resolution No. 2006-074, Minnesota Trail Assistance Program, Star Trail Association. A complete text ofthe Official Proceedings ofthe 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. Summary of Proceedings Washington County Board of Commissioners May 23, 2006 . Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; Myra Peterson, District 4; and Dick Stafford, District 5. Absent none. Board Chair Pulkrabek presided. Commissioner Reports - Comments - Questions The Commissioners reported on the following items: Commissioner Hegberg: Extension committee met to discuss county reductions to their budget and will be requesting supplementary funds for special projects; Commissioner Stafford: Will not be attending the Woodbury Roundabout public meeting, asked staff for a report on how that went; Disappointed that no funding was approved in the legislature for 800 MHz funding, he will be working with the county legislature for next session on how to fund a statewide emergency radio system; Commissioner Peterson: the Transportation Alliance will be holding a press conference at the State Office Building on Wednesday at 9:00 a.m. to kick offthe campaign to approve the MVST constitutional amendment; on Thursday, she will attend the Metropolitan Inter-Face Council on Affordable Housing; On June 5 there will be an AMC Transportation meeting at 2:00 and Region X will hold its annual meeting at 3:00. Community Services . Approval of the following actions: Appoint Lou Ella Johnson, Oak Park Heights, to the Workforce Investment Board as a small business representative to a first term expiring June 30, 2008; Resolution No. 2006-076, authorizing the execution of Minnesota Department of Human Services 2006 Civil Rights Assurance Agreement. General Administration Approval of the following actions: Accepta~le Use and Reimbursement of Portable Electronic Equipment Policy; Meal, Mileage and Other Authorized Expense Reimbursement Policies for county employees and elected officials; Reappoint Steven Kronmiller, New Scandia Township, to the Carnelian Marine Watershed District to a term expiring June 21, 2009; Legislative update presented; Board correspondence was received and placed on file; Workshop held to review the 2006 Washington County residential survey. Transportation and Physical Development Approval of the following actions: e Executive Session held to discuss proposed settlement options of compensation and damages for CSAH 8 - Hugo Investments, LLC; . . . Banding/grading recommendation for new job description of Facilities Project Manager at C45- l' , Advertise for professional services to prepare a master plan amendment for the Cottage Grove Ravine Regional Park; Supplemental Agreement No.1 to complete an overlay ofthe project area on the CSAH 12 left- turn construction project at CSAH 17 in the City of Grant; Public hearing held to consider the adoption of a new county parks ordinance and repealing Park Ordinances 93, 129 and 155; Resolution No. 2006-077 , Washington County Park Ordinance No. 174. 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. 5/26/2006 WASHINGTON COUNTY BOARD OF COMMISSIONERS . Preview of Coming Attractions JUNE 6 Workshop - Metro Enerqy Task Force Activities The County Board will conduct a workshop with staff from the department of Public Health and Environment to receive updates on the activities of the Metro Energy Task Force of which Washington County is a member. Topics to be included are cost and reliability of energy, nuclear power, fuel cell technology and other issues. Groundbreaking Ceremony for the North Service Center in Forest Lake JUNE13 Board of Equalization (1 :00 p.m. to 4:00 p.m.) . The Commissioners will meet as the Board of Equalization. JUNE 20 Workshop - Construction Manaqement Update (45 minutes) Continuation of Board of Equalization JUNE/JUL Y R.H. Stafford Vacation 6/26-7/10/06 AUGUST 4-8 . NACo Annual Conference - Chicaqo. IL . . . 2007 BUDGET SCHEDULE Auqust 8 - Introduction of Budget to the County Board. Review major impacts on proposed budget. Assessment, Taxpayer Services and Elections and Recorder present their 2007 budget decision points. Auqust 15 - Transportation and Physical Development and Library present their 2007 budget decision points. AUQust 22 - Community Services and Public Health and Environment present their 2007 budget decision points. September 5 - Criminal Justice group presents their 2007 budget decision points. September 12 - Hold 4:30 p.m. Open house followed by Board meeting to adopt preliminary levy. September 19 - Set Truth-in-Taxation hearing. October 3 - Hold workshop with Housing and Redevelopment Authority following Board meeting, October 3 - Hold workshop to approve draft CIP for release for community review and comment. October 10 - Meet with Water Conservation District and Watershed Districts to review their budgets. November 14 - Set public hearing for 5-year CIP, issue public hearing notice for adoption of 5- year CIP. December 7 - Hold Truth-in-Taxation meeting at 7:00 p.m. (Date set by statute - hearing can be continued to December 19) December 12 - Adoption of 2007 budget. December 19 - Hold public hearing to review comment on and to adopt the 5-year CIP. FUTURE Workshop - Meetinq with Metropolitan Council . The County Board will meet with the Chairman and Executive Director of the Met Council to discuss issues of mutual interest and concern. BID OPENINGS June 7 Vended Food Service - Administration June 20 Historic Courthouse Dome and Windows Repair - Transportation and Physical Development . M:\USERS\ADM\PRRADDA\WP\AGENDA\Workshops\Preview.doc e Diane Ward .rom: Sent: To: Subject: Pat Raddatz [Pat.Raddatz@co.washington.mn.us] Thursday, May 18, 2006 11 :52 AM Pat Raddatz Washington County Board Agenda - 5/23/06 Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County Board Agenda May 23, 2006 * 9:00 a.m. 1. 9:00 - Roll Call Pledge of Allegiance 2. 9:00 - Executive (Closed) Session with Transportation and Physical Development Discuss Proposed Settlement Options of Compensation and Damages for CSAH 8 - Hugo 1 . Investments, LLC 3. 9:20 - 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 to 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. 4. 9:25 - Consent Calendar 5. 9:25 - Public Hearing * Transportation and Physical Development * Jim Luger, Park Director rashington County Park Ordinance 6. 9:55 - General Administration * Jim Schug, Administrator Legislative Update 2 7. 10:05 - Commissioner Reports * Comments * Questions This period of time shall be used by the Commissioners to report to the full Board on committee . activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 8. Board Correspondence 9. 10:20 - Adjourn 10.10:30 to 11:15 - Board Workshop with Office of Administration 2006 Washington County Residential Survey *********************************************************************************** Reminder: No Board Meeting on May 30, 2006 * 5th Tuesday Meeting Notices May 22 - Library Board 6:30 p.m., 8595 Central Park * Woodbury 3 . May 23 - Personnel Committee 11 :30 a.m., Washington County Government Center May 23 - Planning Advisory Commission 7:00 p.m., Washington County Government Center May 24 - Metro Mosquito Control Executive Commission 9:00 a.m., 2099 University Avenue West * St. Paul May 24 - Regional Solid Waste Coordinating Board 10:30 a.m., 2900 University Avenue West * St. Paul May 25 - Community Corrections Advisory Board 7:30 a.m., Washington County Government Center May 26 - Resource Recovery Executive Committee 1:00 p.m., 1670 Beam Avenue - Maplewood *********************************************************************************** Washington County Board of Commissioners Consent Calendar * May 23, 2006 e 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. 4 The following items are presented for Board approval/adoption: .Administration A. Approval of Acceptable Use and Reimbursement of Portable Electronic Equipment Policy. B. Approval of the Meal, Mileage and Other Authorized Expense Reimbursement Policies for county employees and elected officials. C. Approval to reappoint Steven Kronmiller, New Scandia Township, to the Carnelian Marine Watershed District Board of Managers to a term expiring June 21,2009. D. Approval to appoint Lou Ella Johnson, Oak Park Heights, to the Workforce Investment Board as a Small Business representative to a first term expiring June 30, 2008. Community Services E. Approval of resolution, Community Services Department Civil Rights Plan and authorization to execute the 2006 Civil Rights Assurance Agreement on behalf of Washington County. Human Resources 5 . F. Approval of banding/grading recommendation for the new job description of Facilities Project Manager at C45-1. Transportation and Physical Development G. Approval to authorize the Parks Division of Transportation and Physical Development to advertise for professional services to prepare a master plan amendment for Cottage Grove Ravine Regional Park. H. Approval of Supplemental Agreement NO.1 to complete an overlay of the project area on the CSAH 12 left-turn lane construction project at CSAH 17 in the City of Grant. Pat Raddatz, Administrative Assistant Washington County Phone: (651) 430-6014 .-mail: pat.raddatz@co.washington.mn.us 6 Diane Ward From: Sent: To: Subject: Pat Raddatz [Pat.Raddatz@co.washington.mn.us] Thursday, June 01, 2006 11 :29 AM Pat Raddatz Washington County Board Agenda - 6/6/06 . Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County Board Agenda June 6, 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 1 . 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 to 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: 1 0 - Consent Calendar 4. 9: 1 0- General Administration * Jim Schug, County Administrator MICA Legislative Update * Keith Carlson, Executive Director 5. 9:40 - 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. T. 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. 6. Board Correspondence 2 7. 10:00 - Adjourn . :00 to 2:00 - Groundbreaking Ceremony * North Service Center & Library * Forest Lake Intersection of 190th Street North and Trunk Highway 61 *********************************************************************************** Meeting Notices June 7 - Plat Commission 9:30 a.m., Washington County Government Center June 7 - Metro Transitways Development Board 8:30 a.m., 125 Charles Avenue * St. Paul June 7 - Metropolitan Emergency Services Board Executive Committee 10:30 a.m., 2099 University Avenue West * St. Paul June 8 - Community Services Advisory 7:30 a.m., Washington County Government Center June 8 - Resource Recovery Project Executive Committee 10:00 a.m., 1670 Beam Avenue * 3 . Maplewood June 8 - Audit Committee 4:00 p.m., Washington County Government Center *********************************************************************************** Washington County Board of Commissioners Consent Calendar * June 6, 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 May 16 and 23, 2006 Board meeting minutes. .. Approval to reappoint Mary Kay Kernan, Afton, and Mary Nelson, Stillwater, to the Child Protection ~itizen Review Panel, to third terms expiring June 30, 2008. Assessment, Taxpayer Services and Elections 4 C. Approval of a temporary on-sale 3.2 malt liquor license for the Greeder-Hinds-Comfort Post 323 for August 2, 3,4, 5 and 6, 2006 at the Washington County Fairgrounds in Baytown Township. Community Services . D. Approval to have the Director of Community Services authorize all agreements with family foster care providers. E. Approval of resolution, authorizing the County Board Chair and County Administrator to sign a Community Development Block Grant cooperation agreement between Washington County and the City of Dellwood. Human Resources F. Approval of a .5 Administrative Specialist position in the Department of Administration. Information Technology G. Approval to sell computer parts to TSG Server and Storage. Library H. Approval to amend the Washington County Library Board Bylaws. 5 . Transportation and Physical Development I. Approval of resolution related to the transfer of the remainder lands acquired as part of the re- alignment of CSAH 8. J. Approval of resolution, award bid for sale of certain houses and demolition of others in May Township for the Parks Division for Big Marine Park Reserve Expansion. K. Approval of contract with Arnt Construction for mining, screening, and crushing gravel in county gravel pit. L. Approval of resolution, cooperative agreement with the Minnesota Department of Natural Resources for the purchase of a fishing pier on Ravine lake in Cottage Grove Ravine Regional Park. Pat Raddatz, Administrative Assistant Washington County Phone: (651) 430-6014 e-mail: pat.raddatz@co.washington.mn.us . 6 05/1~/Ll:Jl:Jo 12:3/ bt:>1'LJ'::l4/tJ:> rHUt. rJ~1 0.:.- Stillwater Township Calendar . Chair Countryman June 1 Planning Commission 7:00 PM June 8 Town Board Meeting 7:00 PM June 12 Park Committee 7:00 PM June 15 Arcola Trail Hearing 7:00 PM June 22 Town Board Meeting 7:00 PM Chair Doriott July 6 Planning Commission 7:00 PM July 10 Park Committee 7:00 PM July 13 Town Board Meeting 7:00 PM July 27 Town Board Meeting 7:00 PM Chair Doriott August 3 Planning Commission 7:00 PM August 7 Park Committee 7:00 PM August 10 Town Board Meeting 7:00 PM August 24 Town Board Meeting 7:00 PM . Chair Hiniker September 7 Planning Commission 7:00 PM September 11 Park Committee 7:00 PM September 12 Primary Election 7:00 NIl- 8:00 PM September 14 Town Board Meeting 7:00 PM September 28 Town Board Meeting 7:00 PM Chair Hiniker October 5 Planning Commission 7:00 PM October Park Committee (date to be determined) 7:00 PM October 12 Town Board Meeting 7:00 PM October 26 T own Board Meeting 7:00 PM Town Board Supervisors may attend any or all of the above meetings. All meetings are held in the town hall unless otherwise specified. Pat Bantli May 27. 2006 Clerk. Stillwater Township . STILLWATER TOWN BOARD MEETING .May 25, 2006 Town Hall PRESENT: Chairperson Linda Countryman, Supervisors Sheila-Marie Untiedt, Jim Hiniker, David Johnson and Jim Doriott, Also, Treasurer Gloria Sell, Attorney Soren Mattick and Engineer Paul Pearson, 7:00 P.M. 1. AGENDA - M/S/P Hiniker/Countryman moved to adopt the agenda as amended, (5 ayes) 2. MINUTES - M/S/P Untiedt/Johnson moved to approve the 4/27/06 town board meeting minutes as written, (5 ayes) M/S/P Untiedt/Hiniker moved to approve the 5/11/06 town board meeting minutes as amended. Jim Doriott made the motion at #8 and add "form" after reservation #9. (5 ayes) M/S/P Hiniker/Untiedt moved to approve the 5/18/06 town board meeting minutes with the addition of "if the paving goes all the way up to the railroad bridge" after unit charge. (5 ayes) M. HOMELAND SECURITY PRESENTATION - John Olson, Captain Of the Waconia Fire wr>epartment and Dennis Walter (Homeland Security) were present to make us aware of the need to train residents for handling emergency situations in our communities, 4. TREASURER- a. Claims were reviewed and checks #17725 - #17742 were approved for payment. b. At the clerk's request the treasurer presented a list of escrow accounts and current balances. Those in arrears are diminishing in number. 5. ATTORNEY- a. The McKenzie trail easement document will be forwarded to them. b. The Keefer road easement document will be forwarded to Attorney David Magnuson. c. M/S/P Johnson/Hiniker moved to authorize the chair to sign the 2006 recycling contract for Karen Richtman. (5 ayes) The attorney will forward the contract to her. d, Joe Schmotter has asked that the town board vacate Rivard Road. Board members are not in favor of vacating the road. 6. ARCOLA TRAIL ROAD PAVING PROJECT - M/S/P UntiedtjHiniker moved that a .ublic hearing for a bituminous paving project on Arcola Trail be held on June 15, 2006 ~t 7:00 p.m. in the Stillwater Town Hall. (5 ayes) M/S/P Doriott/Hiniker moved to direct the township engineer to prepare the notice of hearing and mail notices to affected property owners, (5 ayes) ~) Stillwater Town Board Meeting - 5/25/06 Page Two ; 7. BUCHMAN ESCROW SITUATION - Invoices were not yet received by Mr. Buchman. so he was not present at the meeting, The garage has been put up but the structure. to be removed has not yet been dealt with. Next agenda, 8, DUST COATING - Mike Raleigh is checking the status of the calcium chloride delivery. It should be available in a few weeks. Due to the anticipated paving on Arcola Trail dust coating will be limited to only two passes on the road. 9. DRAINAGE ISSUES - The engineer checked out the Lepinski property. There is a fence across the area where the culvert discharges. Gravel has been added. Mr. Lepinski was told to put in rock. Paul Pearson will revisit the situation. The Rydeen drainage issue has been reviewed by the Soil and Water Department with a recommendation and timeline for review. 10. STREET SWEEPING - Sheila-Marie Untiedt reported that her road has a lot of sand on it. The Raleighs will be consulted. 11. OTCHIPWE PRAIRIE TRAIL - Stakes have been put in place for the new trail and fortunately very few trees will be taken down. Joe Lux at the county will be contacted to request road crossing signs, 12. OTTO BERG PARK ISSUES - M/S/P Hiniker/Untiedt moved that Jim Doriott Will. order another garbage can to be placed in the parking lot across 90th Street from the town hall. (5 ayes) M/S/P Johnson/Untiedt moved to accept the bid of Valley Green in the amount of $475,00 to spray for broad leaf weeds at Otto Berg Park, (5 ayes) M/S/P Untiedt/Countryman moved to spend up to $1,000.00 to reapply chips at the kids play area in Otto Berg Park. (5 ayes) 13. ARCOLA HEIGHTS SUBDIVISION PARK - Residents will be invited to attend a township park meeting to discuss any future development of their parkland. 14, ACCESSORY BUILDINGS - The revised accessory building provisions of the Zoning Ordinance were discussed again, 15. ADJOURNMENT - Meeting adjourned at 11:00 p.m. Clerk Chairperson . Approved