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HomeMy WebLinkAbout2006-07-11 CC Packet• • REGULAR MEETING RECESSED MEETING CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Library Project Update 2. Karin Kill, Browns Creek Watershed Management STAFF REPORTS 1. Police Chief 2. Fire Chief CALL TO ORDER ROLL CALL CONSENT AGENDA* AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO. 06 -13 Council Chambers, 216 North Fourth Street July 11, 2006 4:30 P.M. AGENDA 7:00 P.M. AGENDA 3. City Clerk 5. Community Dev. Director 4. Director of Admin 6. City Engineer/PWD 4:30 P.M. 7:00 P.M. 7. City Attorney 8. Finance Director 9. City Administrator APPROVAL OF MINUTES - Possible approval of June 20, 2006 regular and special meeting minutes O ETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Tom Koop, Larson, Allen, Weishair & Company presenting 2005 Financial Report 2. Valerie Jones — Community Volunteer Services 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. 1. Resolution 2006 - 140, directing payment of bills 2. Possible approval of s`peciatevent — Twinkle Parade — Friends of Stillwater Parks 3. Possible approval of special event — Art in the Park — Friends of Stillwater Parks 4. Possible approval, of spebal event — Music, dance and crafts - Friends of Stillwater Parks 5. Possible approval of tem p ary liquor license — St. Mary's Church — September 10, 2006 6. Possible approval of request to sell Christmas Trees at Lily Lake Tennis Courts — Stillwater Elks 7. Possible approval =of banner installation for Wild Rice Festival — August 18 — September 10, 2006 — St. Mary's Church.;" 8. Resolution 2006141, Approving Minnesota Premises Permit For Gambling For Stillwater Elks #179, Located At 1905 Greeley Street South. Stillwater, MN 9. Resolution 2006 - 142, approval of agreement with Qwest for T1 Service 10. Possible approval of purchase of two computers for Inspections and Public Works 11. Resolution 2006 - 143, approval to enter into a contract with Hennepin Technical College for Firefighter I & II training 12. Resolution 2006 - 144, Approving advance resolution of funding for Boutwell Road 13. Resolution 2006 - 145, approval of proposal for a Geotechnical Evaluation, 2nd and 3` Street Parking Ramp, South Second Street 14. Possible approval of purchase of ten 8' picnic tables for Pioneer Park. 15. Resolution 2006 - 146, authorizing purchase of flow meter for Engineering Department. 16. Possible approval of Permit to Sell at Lily Lake Ballfields Tournament July 21 through July 23, 2006 PUBLIC HEARINGS 1. Case No. V/06 -20. This is the date and time for a public hearing to consider an appeal of the Planning Commission's decision on a request from Scot Shely for a variance to the slope setback (30 ft required) gip the construction of a residence located to the south of 621 West Willard (Lot 7 & 8, Block 1, Holcombe's Addition) in the RB, Two Family Residential District. Scot Shely, applicant. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 30, 2006. UNFINISHED BUSINESS 1. Possible conceptual approval of Washington County's Manning Avenue Improvement Project (Resolution) 2. Possible award of McKusick Lake bids (Resolution) 3. Possible approval accepting work and ordering final payment for 2006 Street Seat Coat Project (Resolution) 4. Possible acceptance of the Amended Contract with Bonestroo Rosene "Andertik & Associates to Complete the Wetland Inventory and Management Plan as Part of the Surface Water Management Plan (Resolution) NEW BUSINESS 1. Possible approval of Special Event — Thomas the Tank 2. Possible approval of 2006 Sidewalk Feasibility Report and calling for hearing (Resolution) 3. Discussion on Millbrook re- phasing 4. 1 Reading of Ordinance for Teddy Bear Park 5. Possible award of 2 and Nelson Street Sewer Project bids (Resolution) 6. Possible approval of rate increase for Sanitary Sewer Fund (Resolution) 7. Possible approval of Restated Bylaws of Stillwater Firefighters Relief Association (Resolution) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS /REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT All items listed under the cent agenda are considered to be routine by the City Council and will be enacted by one motion. Theme will be no separate discussion on these items unless a Council Member or citizen so requests, in whic event":the items will be removed from the consent agenda and considered separately. 2 • • • REGULAR MEETING RECESSED MEETING CALL TO ORDER ROLL CALL STAFF REPORTS 1. Police Chief 2. Fire Chief CALL TO ORDER ROLL CALL 3. City Clerk AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO. 06 -13 Council Chambers, 216 North Fourth Street July 11, 2006 4:30 P.M. AGENDA OTHER BUSINESS 1. Library Project Update 2. Karin Kill, Browns Creek Watershed Management 5. Community Dev. Director 4. Director of Admin 6. City Engineer /PWD 7:00 P.M. AGENDA PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Tom Koop, Larson, Allen, Weishair & Company presenting 2005 Financial Report 2. Valerie Jones — Community Volunteer Services 4:30 P.M. 7:00 P.M. 7. City Attorney 8. Finance Director 9. City Administrator APPROVAL OF MINUTES - Possible approval of June 20, 2006 regular and special meeting minutes (Available Tuesday) 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 -140, directing payment of bills 2. Possible approval of special event — Twinkle Parade — Friends of Stillwater Parks 3. Possible approval of special event — Art in the Park — Friends of Stillwater Parks 4. Possible approval of special event — Music, dance and crafts - Friends of Stillwater Parks 5. Possible approval of temporary liquor license — St. Mary's Church — September 10, 2006 6. Possible approval of request to sell Christmas Trees at Lily Lake Tennis Courts — Stillwater Elks 7. Possible approval of banner installation for Wild Rice Festival — August 18 — September 10, 2006 — St. Mary's Church 8. Resolution 2006 -141, Approving Minnesota Premises Permit For Gambling For Stillwater Elks #179, Located At 1905 Greeley Street South. Stillwater, MN 9. Possible approval of agreement with Qwest for T1 Service 10. Possible approval of purchase of two computers for Inspections and Public Works • 11. Possible approval to enter into a contract with Hennepin Technical College for Firefighter I & II training 12. Resolution 2006 -142, Approving advance resolution of funding for Boutwell Road 13. Possible approval of Proposal for a Geotechnical Evaluation, 2nd and 3 Street Parking Ramp, South Second Street 14. Possible approval of purchase of ten 8' picnic tables for Pioneer Park. 15. Possible approval of flow meter for Engineering Department. UBLIC HEARINGS 1. Case No. V/06 -20. This is the date and time for a public hearing to consider an appeal of the Planning Commission's decision on a request from Scot Shely for a variance to the slope setback (30 ft required) for the construction of a residence located to the south of 621 West Willard (Lot 7 & 8, Block 1, Holcombe's Addition) in the RB, Two Family Residential District. Scot Shely, applicant. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 30, 2006. NEW BUSINESS 1. Possible approval of Special Event — Thomas the Tank 2. Possible approval of 2006 Sidewalk Feasibility Report and calling for hearing (Resolution) 3. Discussion on Millbrook re- phasing 4. 1s Reading of Ordinance for Teddy Bear Park 5. Possible award of 2nd and Nelson Street Sewer Project bids (Resolution) • 6. Possible approval of rate increase for Sanitary Sewer Fund (Resolution) 7. Possible approval of Restated Bylaws of Stillwater Firefighters Relief Association (Resolution) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS /REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT • 16. Possible approval of Permit to Sell at Lily Lake Ballfields Tournament July 21 through July 23, 2006 UNFINISHED BUSINESS 1. Possible conceptual approval of Washington County's Manning Avenue Improvement Project (Resolution) 2. Possible award of McKusick Lake bids (Resolution) 3. Possible approval accepting work and ordering final payment for 2006 Street Sealcoat Project (Resolution) 4. Possible acceptance of the Amended Contract with Bonestroo Rosene Anderlik & Associates to Complete the Wetland Inventory and Management Plan as Part of the Surface Water Management Plan (Resolution) 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 • BROWN'S CREEK WATERSHED DISTRICT 1380 W Frontage Road, Hwy 36, Stillwater, MN 55082 Website: www.bcwd.org Tel: 651 - 275 -1136 ext 26 Fax: 651 - 275 -1254 Brown's Creek Watershed District Water Quality Cost -Share Grants B rown's Creek Watershed District (BCWD) has small grants available for land owners wishing to improve surface water quality in the watershed. Fifty percent match grants of up to five thousand dollars ($5,000) are available. Up to $5,000 is available to property owners /occupants for projects that improve surface -water quality in Brown's Creek Watershed District Projects that might qualify for Water Quality Cost -Share Grants include: rainwater gardens, infiltration trenches, porous pavement, and other innovative approaches to treat stormwater runoff at the source. Proposed projects must comply with all local and state codes and regulations. Proposals will be reviewed on a first come, first served basis and will be awarded to those that rank highly based on the eligibility criteria summarized below. Total funding availability will be determined annually. Interested parties should contact the BCWD to obtain an application form. 1. Public Benefit: Provides water quality benefits, data, or other product that is readily accessible and of use to the public. Includes public education components. 2. Collaboration: Involves more than one landowner or occupant and results in greater resource protection because of this collaboration. 3. Water Quality Improvement: Improves and protects water quality through implementation of practices. 4. Erosion Control: Creates solutions to erosion problems. 5. Wildlife Habitat Improvement: Creates or improves wildlife efforts. 6. Innovative Applications: Uses innovative methods or techniques to study processes, acquire data, or implement conservation practices. habitat through plantings or other restoration For more information, call or email the Brown's Creek Watershed District Karen Kill, District Administrator, 651 - 275 -1136, ext 26, Karen.kill @mnwcd.org Andrea Wedul, Natural Resource Specialist, 651- 275 -1136, ext 30, andrea.wedul @mnwcd.org What improvements can I make to my own property? rD o O G N y. on rt (D z < C w O rt rt ° t ' C3 'd . + n C' CD A, " " " y O 'Ls x. °• rt n rt ms s , , C m Q° N O • DO CD y " `_ O .y CD How can I protect my own water quality? f1rlvnb .iajv.0 uAt .iur iaajo.rd j uva .tilojj 0 0 a L 0 s 0 0 l w PO z 0 O U a 0 ce tip cn > m O U .O uP 1_ CZ • u 2 v a u v ai ; '''Clj 1 7 ,,, j ; ! : ,7, .-i ..i 0 CP U a cr � W r_5 • z Ow >. 0 W �U 1--i C7 H (.5 U x 4 Na 0 � •mq Pin z w w z e:didado.id uMo ‘fur o.j ayviu I uva sivaurano.1durr J,ni4 • Honorable Mayor and Members of the City Council City of Stillwater Stillwater, Minnesota In planning and performing our audit of the financial statements of the City of Stillwater, Minnesota 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 City's internal control. However, during our audit we became aware of several matters that are opportunities for strengthening internal controls and operating efficiency. This letter summarizes our comments and suggestions regarding those matters. This letter does not affect our report dated April 7, 2006 on the 2005 financial statements of the City of Stillwater. St Criox Valley Recreation Center LarsonAlleri" CPAs, Consultants & Advisors www.larsonallen.com Establishment of Written Procedures Currently, all procedures for receipt, recording, and depositing of cash receipts are communicated verbally through training with hired employees of the management company contracted for the management of the Recreation Center. We recommend these procedures be documented in written form for reference by employees in the event of a question or for use by less experienced individuals. Small Variances in Deposits We noted frequent but small variances in the amount recorded in the point of sale software and the amount recorded as a deposit to the bank. The nature of the sales throughout the day results in the need to stress accuracy in recording every sale. Many of the transactions are made for items of less than a dollar. Over the period of a year, deposits made to the bank were 0.2% over the amount recorded through the point of sale software, or just over $2,500. The amount is immaterial; however, we recommend stressing accuracy in the recording of a sale as well as in the counting of the cash at the end of the day. Electronic Backup of Data Currently there is no electronic backup copy of the point of sale software or the scheduling software. We recommend a system be established and maintained to help ensure the backup of electronic data and thus, the ability to recover the data without significant loss of time. Consider Use of Invoicing and Accounts Receivable Software Capabilities Our procedures identified that the Recreation Center's software system has the capability of invoicing and recording accounts receivable. Currently, there are no receivables at year -end as the rental invoices and payments are monitored such to provide that rentals are invoiced and payment is received within the year of service. However, as growth occurs, we recommend the staff develop an understanding of the capabilities of the system to be able to assist in the recording and tracking of all agreements generating reports that would support the amount to be recorded at any given time as accounts receivable. The benefit versus cost must be considered when making a decision to utilize this portion of the software. (1) Larson, Allen, Weishair & Co., LLP 1 An Independent Member of Baker Tilly International Honorable Mayor and Members of the City Council City of Stillwater • Page 2 of 2 • • We sincerely appreciate all the courtesies and cooperation extended to us by you and the staff of the City, 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 management, City Council and is not intended to be and should not be used by anyone other than those specified parties. Minneapolis, Minnesota April 7, 2006 LARSON, ALLEN, WEISHAIR & CO., LLP , �� f a., G ,i° • • • CITY OF STILLWATER, MINNESOTA REPORT PREPARED BY SHARON HARRISON, FINANCE DIRECTOR & THE FINANCE DEPARTMENT COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED DECEMBER 31, 2005 MEMBER OF GOVERNMENT FINANCE OFFICERS ASSOCIATION OF THE UNITED STATES AND CANADA CITY OF STILLWATER, MINNESOTA • Comprehensive Annual Financial Report For the Fiscal Year Ended December 31, 2005 • • TABLE OF CONTENTS INTRODUCTORY SECTION Page Letter of Transmittal 3 GFOA Certificate of Achievement 7 Organizational Chart 8 List of Principal Officers 9 FINANCIAL SECTION Independent Auditor's Report 13 Management Discussion and Analysis 15 Basic Financial Statements: Government -wide Financial Statements: Statement of Net Assets 27 Statement of Activities 28 Fund Financial Statements: Balance Sheet — Governmental Funds 30 Reconciliation of the Governmental Funds Balance Sheet to the Statement of Net Assets 32 Statement of Revenues, Expenditures, and Changes in Fund Balances — Governmental Funds 34 Reconciliation of Statement of Revenues, Expenditures, and Changes In Fund Balances of Governmental Funds to the Statement of Activities 36 Statement of Revenues, Expenditures, and Changes in Fund Balances — Budget and Actual — General Fund 37 Statement of Revenues, Expenditures, and Changes in Fund Balances — Budget and Actual — St. Croix Valley Recreation Center Fund 38 Statement of Revenues, Expenditures, and Changes in Fund Balances — Budget and Actual — Library Fund 39 Statement of Revenues, Expenditures, and Changes in Fund Balances — Budget and Actual — Parks Fund 40 Statement of Net Assets — Proprietary Funds 42 Statement of Revenues, Expenses, and Changes in Fund Net Assets — Proprietary Funds 44 Statement of Cash Flows — Proprietary Funds 46 Statement of Net Assets — Fiduciary Funds 48 Notes to the Financial Statements 49 Combining and Individual Fund Financial Statements: Combining Balance Sheet — Nonmajor Governmental Funds 74 Combining Statement of Revenues, Expenditures, and Changes in Fund Balances — Nonmajor Governmental Funds 76 Schedule of Revenues, Expenditures, and Changes in Fund Balances — Budget to Actual — Special Events Fund 78 Schedule of Revenues, Expenditures, and Changes in Fund Balances — Budget to Actual — Washington County Recycling Grant Fund 79 Statement of Changes in Net Assets — Fiduciary Funds 80 CITY OF STILLWATER, MINNESOTA Comprehensive Annual Financial Report For the Fiscal Year Ended December 31, 2005 TABLE OF CONTENTS Page Other Supplementary Information: Schedule of Special Revenue Fund — Library Donations Fund — Balance Sheet 82 Schedule of Special Revenue Fund — Library Donation Fund — Statement of Revenues, Expenditures, and Changes in Fund Balance 84 Schedule of library Construction /Remodel — Balance Sheet 86 Schedule of Library Construction /Remodel — Revenues, Expenditures, and Changes in Fund Balance 87 STATISTICAL SECTION Financial Trends Net Assets by Component, Last Three Fiscal Years 91 Changes in Net Assets, Last Three Fiscal Years 92 Fund Balances, Governmental Funds, Last Ten Fiscal Years 94 Changes in Fund Balances, Governmental Funds, Last Fiscal Years 96 Revenue Capacity Assessed and Estimated Actual Value, Property, Last Ten Fiscal Years 98 Property Tax Rates, Direct and Overlapping Governments, Last Ten Fiscal Years 100 Property Tax Levies and Collections, Last Ten Fiscal Years 102 Principal Taxpayers, Current Year and Nine Years Ago 104 Property Value and Construction, Last Ten Fiscal Years 105 Special Assessment Billings and Collections, Last Ten Fiscal Years 106 Debt Capacity Outstanding Debt by Type, Lest Ten Fiscal Years 108 Ratio of Net General Obligation Bonded Debt to Assessed Value and Net General Obligation Debt per Capita 110 Computation of Direct and Overlapping Bonded Debt 111 Legal Debt Margin, Last Ten Fiscal Years 112 Demographic and Economic Information Demographic and Economic Statistics 114 Principal Employers, Current Year and Nine Years Ago 115 Full -Time Equivalent Employees, City Government Employees by Function /Program 116 Operating Information Capital Asset Statistics by Function /Program 117 Operating Indicators by Function /Program 118 OTHER REPORTS SECTION Independent auditor's report on Minnesota legal compliance 123 ii • • • • INTRODUCTORY SECTION • • May 4, 2006 Honorable Mayor Members of the City Council Citizens of the City of Stillwater, Minnesota Minnesota State law requires that cities over 2,500 population publish within six months of the close of each fiscal year a complete set of financial statements presented in conformity with U.S. generally accepted accounting principals (GAAP) and audited in accordance with generally accepted auditing standards by a firm of licensed certified public accountants and submit them to the state auditor. Pursuant to that requirement, we hereby issue the comprehensive annual financial report of the City of Stillwater, Minnesota for the fiscal year ended December 31, 2005. This report consists of management's representations concerning the finances of the City of Stillwater. Consequently, management assumes full responsibility for the completeness and reliability of all of the information presented in this report. To provide a reasonable basis for making these representations, management of the City of Stillwater has established a comprehensive internal control framework that is designed both to protect the government's assets from loss, theft, or misuse and to compile sufficient reliable information for the preparation of the City of Stillwater's financial statements in conformity with GAAP. Because the cost of internal controls should not outweigh their benefits, the city's comprehensive framework of internal controls has been designed to provide reasonable rather than absolute assurance that the financial statements will be free from material misstatement. As management, we assert that, to the best of our knowledge and belief, this financial report is complete and reliable in all material respects. The City of Stillwater's financial statements have been audited by Larson, Allen, Weishair and Co., LLP, a firm of licensed certified public accountants. The goal of the independent audit was to provide reasonable assurance that the financial statements of the City for the fiscal year ended December 31, 2005, are free of material misstatement. The independent audit involved examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; assessing the accounting principles used and significant estimates made by management; and evaluating the overall financial statement presentation. The independent auditor concluded, based upon the audit that there was a reasonable basis for rendering an unqualified opinion that the City's financial statements for the fiscal year ended December 31, 2005, are fairly presented in conformity with GAAP. The independent auditor's report is presented as the first component of the financial section of this report. GAAP require that management provide a narrative introduction, overview and analysis to accompany the basic financial statements in the form of Management's Discussion and Analysis (MD &A). This letter of transmittal is designed to complement MD &A and should be read in conjunction with it. The • City of Stillwater's MD &A can be found immediately following the report of the independent auditors. 3 Profile of the Government The City of Stillwater, incorporated in 1894, is a growing community located in central Washington County on the St. Croix Rivers, approximately 20 miles east of the Minneapolis /St. Paul metropolitan area. Stillwater encompasses an area of approximately 7.65 miles (4,896 acres) and serves a population of 17,215. The City of Stillwater operates under the "Home Rule Charter" form of government under the provisions of State of Minnesota Law. The Mayor is president of the Council and together with the four - member City Council compromises the governing body of the City. The city council is responsible, among other things, for passing ordinances, adopting the budget, appointing committees, and hiring a city administrator. The city administrator has the responsibility of carrying out the policies and ordinances of the city council, for overseeing the day -to -day operation of the city. The mayor is elected at -large and the Council members are elected by Wards to serve four -year overlapping terms of office. The City provides a full range of municipal services. These services include: general government, public safety (police & fire), public works (streets & fleet), parks and recreation, public improvements, and providing and maintaining sanitary sewer, storm sewer, signs & lighting and parking infrastructure. Water services are provided by the Board of Water Commission, a legally separate entity. Financial information for the Board of Water Commission are reported in a separate column within the City of Stillwater's financial statements. Additional information on the Board of Water Commission can be found in Note I.A in the notes to the financial statements. The annual budget is the foundation for the City of Stillwater's financial planning and control. All divisions are required to submit appropriations requests to the city administrator for review and consolidation into a proposed budget. The city administrator is responsible for submitting the proposed annual budget to the City Council in August of each year. The city council is required to hold a public hearing on the proposed budget and to adopt by resolution a final budget and certify it no later than December 30. The budget amounts cannot increase beyond the estimated receipts except to the extent that actual receipts exceed the estimate. Department directors may make transfers of appropriations within a department, but transfers of appropriations between departments require council approval. Budget -to- actual comparisons for the General Fund, Special Events, St. Croix Valley Recreation Center, Library, Parks, and Washington County Recycling which are the only funds for which an annual budget has been adopted, are provided in this report on pages 37 through 40 and 80 through 81. Factors Affecting Financial Condition The information presented in the financial statements is perhaps best understood when it is considered from the broader perspective of the specific environment within which the City of Stillwater operates. Local economy. Although the City's tax base is primarily residential, the economy is influenced by a large number of public employers. Stillwater is the Washington County Seat and the headquarters for Independent School District #834, while the adjacent cities of Bayport and Oak Park Heights are the homes of two major state correctional facilities. The Stillwater area is also influenced by the Andersen Window Corp, located in Bayport, which employs approximately 3,700 people. In 2005, the City continued to work with developers to carry out Phase I and II related to the Orderly Annexation agreement between the City of Stillwater and Stillwater Township, with the guidelines established in the city's updated Comprehensive Plan. The Comprehensive Plan calls for growth of the City to the north, west and south during the period between 1996 to 2020. The growth includes annexation of approximately 1,800 acres of land, 1,200 new housing units, and 60 acres of land that is 4 • located along Trunk Highway 36, that is planned for light industrial development. 640 Lakeshore, traditional and cottage townhomes units should be constructed over the next three to four years in the Phase I areas. The Phase II area, the second phase of construction, contains 380 housing units, 160 townhouses and 220 single - family units. The market value ranges from $300,000 to $500,000 +. Construction continues on the Territorial prison project now named Terra Springs. Currently four buildings are completed and occupied. The fifth building is scheduled for completion in August 2006. A total of 200 residential units and 12,000 square feet of retail space will complete the development at an estimated market value of $44,000,000. Construction also started on the Lofts of Stillwater. The project consists of 59 luxury units at an estimated market value of $32,000,000. Construction will be completed in 2006. The Mills on Main project, a 98 -unit development with 16,000 square feet of commercial space, began construction in 2005 and will be completed in 2006. The estimated market value is $45,000,000. Long - term financial planning. The City Council recently approved a new 5 -year Capital Improvement Plan (CIP) that identifies major projects and capital equipment purchases for years 2004 — 2008. Many of these projects have been pending for years awaiting various forms of approval and funding sources. Total projects identified amount to $62,741,725. All projects and capital purchases are rated 1 — 3 giving an indication of Council's priorities. Due to project timing issues and funding complexities it is acknowledged that the completion of all the projects identified in the 5 -year plan is unlikely. The CIP is computer assisted and easily upgradeable from year to year to assure that it remains dynamic and continually reflects Council's goals. An updated (2006 -2010) CIP began in 2005. Cash management policies and practices. The City's policy is to invest all available moneys at competitive rates in accordance with Minnesota law. Investments are made by minimizing credit and market risks while maintaining a competitive yield. Funds are invested in certificates of deposit and U.S. government agencies. Cash is pooled in one account to provide maximum return. The City Council reviews the investment policy annually and last amended it in 2002. Cash temporarily idle during the year was invested in certificates of deposit and obligations of the U.S. Treasury. The City's investment policy's primary objective is safety of principal. Therefore, all deposits were either insured by Federal depository insurance or were collateralized as required by State Statute. Due to the weakened economy, a low interest rate environment has persisted over the last few years and has had a significant impact on the city's investment earnings. The average yield on investments for 2005 was 2.844 %. Investment income includes positive or negative changes in the fair value of investments. Changes in fair value during the current year, however, do not necessarily represent trends that will continue; nor is it always possible to realize such amounts, especially in the case of temporary changes in the fair value of investments the city intends to hold to maturity. Risk management. The City's general property, liability and worker's compensation coverage is provided through the League of Minnesota Cities Trust (LMCIT). At the beginning of the insurance year, the city deposits with LMCIT a premium determined by calculating estimated payroll and applying experience modification ratios. An audit is performed at the end of the insurance year, which may produce a refund or an adjustment due. LMCIT's reserves and rates are reviewed annually by an actuary to assure that the program remains financially strong. Pension benefits. The City of Stillwater participates in a statewide - defined benefit pension plan administered by the Public Employees Retirement Association of Minnesota (PERA). All full -time and part -time employees are covered by PERA. PERA administers the Public Employees Retirement Fund 5 (PERF) which is a cost - sharing, multiple - employer retirement plan. A plan description and funding policy are included in the Notes to the Financial Statements beginning on page 63. Major Initiatives After many years of negotiation with state and federal authorities, the City of Stillwater has reached an agreement with the Army Corp of Engineers to complete Stage III of the City's food control project. To date $6,400,000 has been spent on Stage I & 11. It is estimated an additional $5,651,200 will be needed to complete the project. Cost shares are 75% federal, 12 1/2% State and 12 12% City. To date the State and City match for the total project has already been provided. Plans and specifications should be completed by December 2006 with construction planned for 2007. Once completed, this will allow the City to initiate improvement to Lowell Park (the site of the flood wall) and a trail system in the downtown area. Additional good news is that after nearly fifty years, the City's request for a new bridge over the St. Croix River is getting closer. Funding commitments should be secured in June of 2005 with construction to commence in 2009. The completion of the project will eliminate severe traffic congestion problems and help revitalize the Stillwater area. Awards and Acknowledgements The Government Finance Officers Association of the United States and Canada (GFOA) awards the Certificate of Achievement for excellence in financial reporting to cities that meet certain criteria. A governmental unit must publish an easily readable and efficiently organized comprehensive annual financial report, the contents of which conform to program requirements. The City of Stillwater received this award for the year ended December 31, 2004. This marks the sixteenth consecutive year that the city has received this prestigious award. A Certificate of Achievement is valid for a period of one year only. The City is submitting the 2005 report to GFOA for consideration of the Certificate of Achievement for Excellence in Financial Reporting. We believe our current report continues to conform to the high standards of the Certificate program. The timely preparation of this report could not have been accomplished without the dedicated services of the Finance Department, auditors and other city staff. We also want to express our appreciation to the Mayor and City Council for their support for maintaining the highest standard of professionalism in the management of the financial operation of the City. Respectfully submitted, Larry D. Hansen City Administrator k Sharon Y. Harris Finance Director 6 • • • • Certificate of Achievement for Excellence in Financial Reporting Presented to City of Stillwater, Minnesota For its Comprehensive Annual Financial Report for the Fiscal Year Ended December 31, 2004 A Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Officers Association of the United States and Canada to government units and public employee retirement systems whose comprehensive annual financial reports (CAFRs) achieve the highest standards in government accounting and financial reporting. 60,4,7 &ta President *cerdeAff. Executive Director CITY OF STILLWATER, MINNESOTA Organizational Chart December 31, 2005 CITIZENS OF STILLWATER CITY COUNCIL 1 1 BOARDS AND CITY COMMISSIONS ATTORNEY CITY ADMINISTRATOR/ TREASURER I • 1 1 1 1 ADMINISTRATION COMMUNITY FIRE POLICE DEPT. DEVELOPMENT DEPT. DEPT. DEPT. 1 1 ENGINEERING/ FINANCE BUILDING PUBLIC WORKS DEPT. INSPECTIONS DEPT. DEPT. ENGINEERING DEPT. PUBLIC WORKS DEPT. • • • • • CITY OF STILLWATER, MINNESOTA LIST OF PRINCIPAL OFFICERS December 31, 2005 ELECTED OFFICIALS Mayor Jay L. Kimble Term Expires: January 2007 Councilmembers Ward 1 David Junker Term Expires: January 2007 Ward 2 Ken Harycki Term Expires: January 2009 Ward 3 Wally Milbrandt Term Expires: January 2009 Ward 4 Mike Polehna Term Expires: January 2007 APPOINTED OFFICIALS Larry D. Hansen, City Administrator/Treasurer David T. Magnuson, City Attorney Sharon Harrison, Finance Director Chantetl Knauss, Director of Administration Steve Russell, Community Development Director Stuart Glaser, Fire Chief Klayton Eckles, Public Works Director /City Engineer Larry Dauffenbach, Police Chief Lynne Bertalmio, Library Director • • • FINANCIAL SECTION • Honorable Mayor and Members of the City Council City of Stillwater Stillwater, Minnesota LarsonAllen' CPAs, Consultants & Advisors www.larsonallen.com INDEPENDENT AUDITORS' REPORT We have audited the accompanying financial statements of the governmental activities, the business -type activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information of the City of Stillwater, Minnesota, as of and for the year ended December 31, 2005, which collectively comprise the City's basic financial statements as listed in the table of contents. These financial statements are the responsibility of the City of Stiliwater's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. 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 audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business -type activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information of the City of Stillwater, as of December 31, 2005, and the respective changes in financial position and cash flows, where applicable, thereof and the budgetary comparison for the general and major special revenue funds for the year then ended in conformity with accounting principles generally accepted in the United States of America. 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 accounting principals generally accepted in the United States of America. 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. (13) Larson, Allen, Weishair & Co., LLP 1 An Independent Member of Baker Tilly International Honorable Mayor and Members of the City Council City of Stillwater Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City of Stillwater's basic financial statements. The combining fund financial statements and other supplementary information are presented for purposes of additional analysis and are not a required part of the basic financial statements. The combining fund financial statements and other supplementary information have been subjected to the auditing procedures applied by us and, in our opinion, are fairly stated in all material respects in relation to the basic financial statements taken as a whole. The introductory and statistical sections as listed in the table of contents are presented for purposes of additional analysis and are not required parts of the basic financial statements. This information was not audited by us and, accordingly, we express no opinion thereon. Minneapolis, Minnesota April 7, 2006 (14) eL ava .4-`"'^ &/-'- 0 LARSON, ALLEN, WEISHAIR & CO., LLP As management of the City of Stillwater, Minnesota, we offer readers of the City of Stillwater's financial statements this narrative overview and analysis of the financial activities of the City of Stillwater for the fiscal year ended December 31, 2005. We encourage readers to consider the information presented here in conjunction with additional information that we have furnished in our letter of transmittal, which can be found on pages 3 through 6 of this report. FINANCIAL HIGHLIGHTS: City of Stillwater, Minnesota Management's Discussion and Analysis December 31, 2005 • The assets of the City of Stillwater exceeded its liabilities at the close of the most recent fiscal year by $71,003,829 (net assets). Of this amount $16,332,578 (unrestricted net assets) may be used to meet the City's ongoing obligations to citizens and creditors in accordance with the City's fund designations and fiscal policies. • The City's total net assets increased by $6,657,655. • As of the close of the current fiscal year, the City of Stillwater's governmental funds reported combined ending fund balance of $30,686,419 an increase of $5,586,473 in comparison with the prior year. Approximately 18% of this total amount, or $5,492,319 is available for spending at the City's discretion (unreserved fund balance). • At the end of the current fiscal year, unreserved fund balance for the general fund was $3,584,036 or 45% of total general fund expenditures. • The City of Stillwater's total bonded debt increased by $4,115,000 (13 percent) during the current fiscal period. The key factor to the increase was the issuance of the 2005A Capital Outlay Bonds, 2005B Capital Outlay Refunding Bonds and 2005C Sports Center Refunding Bonds on March 1, 2005. OVERVIEW OF THE FINANCIAL STATEMENTS: This discussion and analysis are intended to serve as an introduction to the City of Stillwater's basic financial statements. The City of Stillwater's basic financial statements comprise three components: 1. Government -wide financial statements 2. Fund financial statements 3. Notes to the financial statements This report also contains other supplementary information in addition to the basic financial statements themselves. Government -wide financial statements. The government -wide financial statements are designed to provide readers with a broad overview of the City of Stillwater's finances, in a manner similar to private- sector business. The statement of net assets presents information on all of the City of Stillwater's assets and liabilities, with the difference between the two reported as net assets. Over time, increases or decreases in net assets may serve as a useful indicator of whether the financial position of the City of Stillwater is improving or deteriorating. The statement of activities presents information showing how the City's net assets changed during the most recent fiscal year. All changes in net assets are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods (e.g., uncollected taxes and earned, but unused compensated absences). Both of the government -wide financial statements distinguish functions of the City of Stillwater that are principally supported by taxes and intergovernmental revenues (governmental activities) from other functions that are intended to recover all or a significant portion of their costs through user fees and charges (business -type activities). The governmental activities of the City of Stillwater include general government, public safety, public 15 City of Stillwater, Minnesota Management's Discussion and Analysis December 31, 2005 works, culture and recreation, and economic development. The business -type activities of the City of Stillwater include a sanitary and storm sewer utility, signs and lighting, and parking program. The government -wide financial statement include not only the City of Stillwater itself (primary government), but also the Board of Water Commission (component unit), which is a separate legal entity for which the City of Stillwater is financially accountable. Financial information for the Board of Water Commission is reported separately from the financial information presented for the primary government itself. The government -wide financial statements can be found on pages 27 and 28 of this report. Fund financial statements. A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The City of Stillwater, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance- related legal requirements. All of the funds of the City of Stillwater can be divided into two categories: governmental funds and proprietary funds. Governmental funds. Governmental funds are used to account for essentially the same functions reported as governmental activities in the government -wide financial statements. However, unlike the government -wide financial statements, governmental fund financial statements focus on near -term inflows and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating a government's near -term financing requirements. Because the focus of governmental funds is narrower than that of the government -wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government -wide financial statements. By doing so, readers may better understand the long -term impact of the government's near -term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this comparison between governmental functions and governmental activities. The City of Stillwater maintains fourteen individual governmental funds. Information is presented separately in the governmental fund balance sheet and in the governmental fund statement of revenues, expenditures, and changes in fund balances for the General fund, St. Croix Valley Recreation Center fund, Library fund, Parks fund, Debt Service fund, Capital Projects fund, and TIF Districts, all of which are considered to be major funds. Data from the other seven governmental funds are combined into a single, aggregate presentation. Individual fund data for each of these nonmajor governmental funds is provided in the form of combining statements elsewhere in this report. The City of Stillwater adopts an annual appropriated budget for its general fund and certain special revenue funds. A budgetary comparison statement has been provided for the general fund and special revenue funds to demonstrate compliance with this budget. The basic governmental fund financial statements can be found on pages 30 and 34 of this report. Proprietary funds. The City of Stillwater maintains four proprietary fund types. Enterprise funds are used to report the same functions presented as business - type activities in the government -wide financial statements. The City of Stillwater uses enterprise funds to account for its sanitary and storm sewer utilities, signs and lighting, parking program. The proprietary fund statements provide the same type of information as the government -wide financial statements, only in more detail. The proprietary fund financial statements provide separate information for the sanitary and storm sewer funds, the signs and lighting fund and the parking fund, which are considered to be major funds of the City of Stillwater. The basic proprietary fund financial statements can be found on pages 42 through 47 of this report. Fiduciary funds. Fiduciary funds are used to account for resources held for the benefit of parties outside of the government. Fiduciary funds are not reflected in the government -wide financial statement because the resources 16 • • • of those funds are not available to support the City of Stillwater's own programs. The accounting used for fiduciary funds is much like that used for proprietary funds. The basic fiduciary fund statements can be found on page 48. Notes to the financial statements. The notes provide additional information that is essential to a full understanding of the data provided in the government -wide and fund financial statements. The notes to the financial statements can be found on pages 49 through 71 of this report. Other information. The combining Nonmajor governmental fund statements referred to earlier can be found on pages 76 through 79 of this report. Other informational schedules can be found on pages 80 through 89 GOVERNMENT -WIDE FINANCIAL ANALYSIS: As noted earlier, net assets may serve over time as a useful indicator of a government's financial position. In the case of the City of Stillwater, assets exceeded liabilities by $71,003,829 at the close of the most recent fiscal year. By far the largest portion of the City of Stillwater's net assets, $42,196,542 (59 percent), reflects its investment in capital assets (e.g. land, buildings, machinery, equipment, and infrastructure), less any related debt used to acquire those assets that is still outstanding. The City of Stillwater uses these capital assets to provide services to citizens; consequently, these assets are not available for future spending. Although the City of Stillwater's investment in its capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. Approximately 18% of net assets ($12,474,709) represents net assets subject to constraints imposed by external creditors, primarily bond covenants. The remaining 23% of the City of Stillwater's net assets are unrestricted net assets ($16,332,578) and may be used to meet the government's ongoing obligations to citizens and creditors. Current and other assets Capital assets Total assets Non - current liabilities outstanding Other liabilities Total liabilities Net assets: Invested in capital assets, net of related debt Restricted Unrestricted Total net assets City of Stillwater, Minnesota Management's Discussion and Analysis December 31, 2005 Governmental activities 2005 2004 $ 37,983,769 $ 30,749,960 64,703,400 60,106,831 102,687,169 90,856,791 37,397,077 33,673,537 3,885,151 2,364,395 41,282,228 36,037,932 34,694,981 12,474,709 14,235,251 $ 61,404,941 CITY OF STILLWATER'S NET ASSETS 35,170,281 6,976,651 12,671,927 $ 54,818,859 Business -type activites Total 2005 2004 2005 2004 $ 2,252,222 $ 2,198,818 $ 40,235,991 $ 32,948,778 7,501,561 7,493,098 72,204,961 67,599,929 9,753,783 9,691,916 112,440,952 100,548,707 64,110 111,317 37,461,187 33,784,854 90,785 53,284 3,975,936 2,417,679 154,895 164,601 41,437,123 36,202,533 7,501,561 7,493,098 42,196,542 42,663,379 12,474,709 6,976,651 2,097,327 2,034,217 16,332,578 14,706,144 $ 9,598,888 $ 9,527,315 $ 71,003,829 $ 64,346,174 At the end of the current fiscal year, the City of Stillwater is able to report positive balances in all three categories of net assets, both for the government as a whole, as well as for its separate governmental and business -type activities. Governmental activities. Governmental activities increased the City of Stillwater's net assets by $6,586,082 thereby accounting for 99 percent of the total growth in the net assets of the City of Stillwater. The most significant change in governmental net assets is the result of investing revenues from capital grants, special assessments, and tax increments into construction or major improvements of the City capital assets and infrastructure. 17 Revenues: Program revenues: Charges for services Operating grants and contributions Capital grants and contributions General revenues: Property taxes Tax increment Franchise taxes Grants and contribution not restricted for a specific purpose Unrestricted investment earnings Gain (loss) on disposal of capital assets Total revenues Expenses: General government Public safety Public works Culture and recreation Economic development Interest on long -term debt Sanitary sewer Storm sewer Signs & lighting Parking Total expenses Increase in net assets before transfers Transfers Increase in net assets Net assets - beginning Net assets - ending City of Stillwater, Minnesota Management's Discussion and Analysis December 31, 2005 Business -type activities. Business -type activities increased the City of Stiliwater's net assets by $71,573, thereby accounting for 1 percent of the total growth in the net assets of the City of Stillwater. The parking fund accounted for the most significant portion of that increase. The following chart summarizes the changes in net assets for the current fiscal year: CITY OF STILLWATER'S CHANGES IN NET ASSETS Condensed statements of revenues, expenses, and changes in net assets highlights are as follows for the year ended December 31, 2005: Governmental activities 2005 2004 8,899,482 1,634,454 404,448 971,765 614,523 41,646 22,223,409 7,313,791 1,800,549 398,121 672,611 388,619 21,592 21,736,730 2,633,106 2,437,293 3,875,718 3,583,761 2,297,706 2,295,531 - 3,541,296 3,182,802 1,905,474 543,520 1,384,027 1,333,700 - 1,927,353 202,178 312,366 - 178,395 15,637,327 13,376,607 2,620,292 18 Business -type activities Total 2005 2004 2005 2004 $ 3,458,333 $ 4,415,266 $ 2,609,453 $ 2,515,880 $ 6,067,786 $ 6,931,146 1,848,733 837,778 - - 1,848,733 837,778 4,350,025 5,888,403 23,600 317,078 4,373,625 6,205,481 1,793,299 147,019 311,472 172,822 2,424,612 6,586,082 8,360,123 71,573 462,655 265,000 (265,000) 6,586,082 8,625,123 71,573 197,655 54,818,859 46,193,736 9,527,315 9,329,660 $ 61,404,941 $ 54,818,859 $ 9,598,888 $ 9,527,315 8,899,482 1,634,454 404,448 - 971,765 58,812 54,309 673,335 41,646 2,691,865 2,887,267 24,915,274 2,633,106 3,875,718 2,297,706 3,541,296 1,905,474 1,384,027 1,927,353 202,178 312,366 178,395 18,257,619 6,657,655 7,313,791 1,800,549 398,121 672,611 442,928 21,592 24,623,997. 2,437,293 3,583,761 2,295,531 3,182,802 543,520 1,333,700 1,793,299 147,019 311,472 172,822 15,801,219 8,822,778 6,657,655 8,822,778 64,346,174 55,523,396 $ 71,003,829 $ 64,346,174 • City of Stillwater, Minnesota Management's Discussion and Analysis December 31, 2005 FINANCIAL ANALYSIS OF THE GOVERNMENT'S FUNDS: As noted earlier, the City of Stillwater uses fund accounting to ensure and demonstrate compliance with finance related legal requirements. Governmental Funds. The focus of the City of Stillwater's governmental funds is to provide information on near - term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the City of Stillwater's financing requirements. In particular, unreserved fund balance may serve as a useful measure of a government's net resources available for spending at the end of the fiscal year. As of the end of the current fiscal year, the City of Stillwater's governmental funds reported combined ending fund balances of $30,686,419, an increase of $5,586,473. Approximately 18% of this total amount, or $5,492,319, constitutes unreserved fund balance, which is available for spending at the government's discretion. The remainder of fund balance is reserved to indicate that it is not available for new spending because it has already been committed 1) to prepaid expenses ($94,026), 2) to pay debt service or interfund advances ($11,894,928), or 3) to fund capital projects ($13,205,146). The general fund is the primary operating fund of the City of Stillwater. At the end of the current fiscal year, unreserved fund balance of the general fund was $3,584,036, while the total fund balance was $3,669,563. As a measure of the general fund's liquidity, it may be useful to compare unreserved fund balance and total fund balance to total fund expenditures. Unreserved fund balance represents 45 percent of total general fund expenditures, while total fund balance represents 46 percent of that same amount. The fund balance of the City of Stillwater's general fund did increase during the current fiscal year. The primary reason for this was an increase in building permits for 2005. Overall, the general fund's revenues were higher than the amended budget due primarily to increased building, while expenditures were below budgeted levels mainly due to capital items to be purchased during 2005 were delayed to 2006. The St. Croix Valley Recreation Center fund has a total fund balance of $935,654, all of which is unreserved but designated for operations. The net increase of $126,400 in fund balance is primarily the result of increased usage of the facility. The Library fund has total fund balance of $49,867, $45,244 of which is unreserved but available for operations. The fund balance increased by $5,644. The Parks fund has a total fund balance of $276,201, $272,325 of which is unreserved but available for operations. The fund balance increased by $7,323. The Debt Service fund has a total fund balance of $11,374,340, all of which is reserved for the retirement of related debt. The net increase of $5,403,622 is due primarily to the issuance of two advanced refunding bonds ($3,180,000 General Obligation Capital Outlay Refunding Bonds, Series 2005B and $2,715,000 General Obligation Sports Center Refunding Bonds, Series 2005C). The Capital Projects fund has a total fund balance of 12,277,070 all of which is reserved for current and future capital projects and an advance interfund loan. The net increase of $287,622 is due primarily to Intergovernmental revenue. The TIF District fund has a total fund balance of $1,448,664, all of which is reserved for TIF (Tax Increment Financing) related expenditures. The net decrease in fund balance of $722,810 was primarily a result of the closing of a TIF district during 2005. Proprietary funds. The City of Stillwater's proprietary funds provide the same type of information found in the government -wide financial statements, but in more detail. The Sanitary Sewer fund has total net assets of $8,286,485, of which $1,303,679 are unrestricted. Net assets decreased by $70,834 primarily due to increased operating expenses. 21 City of Stillwater, Minnesota Management's Discussion and Analysis December 31, 2005 The Storm Sewer fund has total net assets of $641,869, of which $630,873 is unrestricted. Resources available in this fund will be used for future storm sewer related capital projects. The Signs and Lighting fund has total net asset deficit of $(110,688). The negative net asset balance will be recovered with future service charge receipts. The Parking fund has total net assets of $781,222, of which $273,917 is unrestricted. Resources available in this fund will be used for future parking related capital projects. GENERAL FUND BUDGETARY HIGHLIGHTS: During the year there was a $96,230 increase in appropriations between the original and final amended budget. Following are the major components of the increase: • $13,510 supplemental appropriation for personnel expenditures for the City's Lumberjack Days Celebration. • $25,000 carry -over appropriations from 2004 for consulting services. • $25,000 carry -over appropriations from 2004 for capital outlay purchases. • $32,720 increase fire state aid appropriations. Theses increases were possible because of additional anticipated revenues and remaining bond proceeds. All amendments to the original budget were approved by the City Council. CAPITAL ASSET AND DEBT ADMINISTRATION: Capital assets. The City of Stillwater's investment in capital assets for its governmental and business -type activities as of December 31, 2005, amounts to $72,204,961 (net of accumulated depreciation). This investment in capital assets includes land, buildings, office equipment and furniture, vehicles, machinery and equipment, other capital assets, and infrastructure_ The total increase in the City of Stillwater's investment in capital assets (net of accumulated depreciation) was 7 %. Most of this increase within the governmental activities can be found in the construction of infrastructure in the City's northern section of town. Within the business -type activities the most significant increases occurred in infrastructure installation in relation to the sanitary sewer fund. Land Buildings and improvements Improvements other than buildings Machinery and equipment Vehicles Infrastructure Construction in progress Total CITY OF STILLWATER'S CAPITAL ASSETS (net of depreciation) Governmental activities 2005 2004 $ 7,733,926 $ 7,254,322 16,572,250 17,137,891 773,648 797,479 2,222,325 1,748,147 2,011,456 1,874,628 18, 205,206 16, 985, 585 17,184,589 14,308,779 $ 64,703,400 $ 60,106,831 22 Business -type activities 2005 2004 $ 122,920 $ 122,920 325,126 171,546 171,564 157,191 223,707 250,799 6,356,267 6,502,449 301,977 288,193 $ 7,501,561 $ 7,493,098 2005 $ 7,856,846 16,572,250 1,098,774 2,393,889 2,235,163 24,561,473 17,486,566 $ 72,204,961 Total • • 2004 $ 7,377,242 17,137,891 969,025 1,905,338 2,125,427 23,488,034 14,596,972 $ 67,599,929 Additional information regarding the City's capital assets can be found on page 59 of this report. Long -term debt. At the end of the current fiscal year, the City of Stillwater had total bonded debt outstanding of $35,400,000. Of this amount $18,625,000 comprises tax - supported debt, $5,510,000 is special assessment debt, $7,425,000 in tax increment debt and $3,840,000 is revenue - supported debt_ All outstanding debt is a direct obligation of the City and backed with a pledge of the full faith, credit and taxing power of the City. • • • City of Stillwater, Minnesota Management's Discussion and Analysis December 31, 2005 CITY OF STILLWATER'S OUTSTANDING DEBT General Obligation Bonds General Obligation Bonds: General Goverment Improvement Revenue Tax Increment Total The City of Stillwater's total bonded debt increased by $4,115,000 (13 percent) during the current fiscal year. The key factor to the increase was the four new bonds issued in the current fiscal year, (1) $1,480,000 General Obligation Capital Outlay Bonds, Series 2005A, (2) $3,180,000 General Obligation Capital Outlay Refunding Bonds, Series 2005B, (3) $2,715,000 General Obligation Bond Sports Center Refunding Bonds, Series 2005C, and (4) $260,000 General Obligation Capital Outlay Bonds, Series 2005MZ. The 2005A, 2005B and 2005MZ bonds will be repaid with general tax levies while the 2005C bonds will be repaid with general tax levies and revenues generated from the St Croix Valley Recreation Center. Additional information regarding the City's long- term debt can be found beginning on page 60 of this report Minnesota State Statutes limit the amount of general obligation debt to 2% of the total estimated taxable market value. The current debt limit for the City of Stillwater is $33,148,144. Only $18,625,000 of the City's outstanding debt is subject to the statutory limit. The calculation for the City's legal debt margin can be found on page 112 of this report. The City of Stillwater maintains an Al rating from Moody's for general obligation debt ECONOMIC FACTORS AND NEXT YEAR'S BUDGETS AND RATES: • The City of Stillwater continues to see increased residential growth. The City's total estimated market value increased by 16% in 2005. • Due to property tax reforms and continued projected budget deficits at the State level, the City made efforts to provide for the reduction in State -aid and a shift in overall tax burden. • Interest rates are increasing slightly in 2006 and consequently the City's investment earnings have increased over 2005. All of these factors were considered when preparing the City of Stillwater's 2006 fiscal year budget. REQUESTS FOR INFORMATION: This financial report is designed to provide a general overview of the City of Stillwater's finances for all of those with an interest in the government's finances. Questions concerning any of the information provided in this report or requests for additional financial information should be addressed to the Director of Finance, City of Stillwater, 216 North 4th Street, Stillwater, Minnesota, 55082. 23 Governmental activities 2005 $ 18,625,000 5,510,000 7,425,000 3,840,000 $ 35,400,000 2004 $ 15,480,000 6,000,000 5,060,000 4,745,000 $ 31,285,000 • • • Basic Financial Statements • • • CITY OF STILLWATER, MINNESOTA STATEMENT OF NET ASSETS December 31, 2005 Component Primary Government Unit Governmental Business -type Activities Activities Total Water ASSETS Cash and pooled investments $ 27,196,054 $ 1,845,228 $ 29,041,282 $ 2,059,708 Cash and pooled investments -held in escrow 5,675,895 5,675,895 Accrued interest receivable 156,933 13,599 170,532 39,009 Rreceivable (net of allowance for uncollectibles) 3,558,621 388,749 3,947,370 148,228 Internal balances 120,236 (120,236) - - Due from other governments 837,750 13,595 851,345 Due from primary government - 110,938 Prepaid items 94,026 111,287 205,313 27,577 Inventories - 51,996 Deferred charges 344,254 344,254 17,395 Capital assets, nondepreciable 24,918,515 424,897 25,343,412 4,987 Capital assets (net of accumulated depreciation) 39,784,885 7,076,664 46,861,549 10,218,477 Total assets 102,687,169 9,753,783 112,440,952 12,678,315 LIABILITIES Accounts payable 707,923 53,611 761,534 40,140 Contracts payable 890,985 1,677 892,662 Salaries payable 339,104 28,186 367,290 Unearned revenue - - - 160,880 Due to other governments 1,004,388 1,668 1,006,056 Due to component unit 105,295 5,643 110,938 Deposits payable 316,625 - 316,625 Accrued expenses - - 42,555 Accrued interest payable 488,521 - 488,521 19,195 Premium on issued debt 32,310 - 32,310 Noncurrent liabilities: Due within one year 3,544,046 13,007 3,557,053 112,000 Due in more that one year 33,853,031 51,103 33,904,134 831,653 Total liabilities 41,282,228 154,895 41,437,123 1,206,423 NET ASSETS Invested in capital assets, net of related debt 34,694,981 7,501,561 42,196,542 9,343,465 Restricted for: Debt Service 12,474,709 - 12,474,709 Unrestricted 14,235,251 2,097,327 16,332,578 2,128,427 Total net assets $ 61,404,941 $ 9,598,888 $ 71,003,829 $ 11,471,892 The notes to the financial statements are integral part of this statement. Functions /Programs Primary Government: Governmental Activities: General government Public safety Public works Culture and recreation Economic development Interest on long -tem debt Total governmental activities Business -type activities: Sanitary Sewer Storm Sewer Signs & Lighting Parking Total business -type activities Total primary government Component unit: Water CITY OF STILLWATER, MINNESOTA STATEMENT OF ACTIVITIES For the Year Ended December 31, 2005 Expenses $ 2,633,106 3,875,718 2,297,706 3,541,296 1,905,474 1,384,027 15,637,327 1,927,353 202,178 312,366 178,395 2,620,292 Charges for Services $ 409,331 1,614,188 24,273 1,410,541 3,458,333 1,797,054 21 0,708 357,612 244,079 2,609,453 $ 1,183,495 $ 1,264,404 $ General revenues: Property taxes Tax increment Franchise taxes Grants and contributions not restricted for a specific purpose Unrestricted investment earnings Gain on sale of capital assets Total general revenues Change in net assets Net assets, January 1 Net assets, December 31 The notes to the financial statements are integral part of this statement. 28 Program Revenues Operating Capital Grants and Grants and Contributions Contributions $ 625 357,266 1 ,324,376 164,613 1,853 1,848,733 $ 38,851 2,129,815 2,047,493 133,866 4,350,025 23,600 23,600 $ 18,257,619 $ 6,067,786 $ 1,848,733 $ 4,373,625 $ 97,448 • • • Net (Expense) Revenue and Changes in Net Assets Primary Government Governmental Business -type Activities Activities Total $ (2,184,299) $ (1,904,264) 1,180,758 81,351 (1,769,755) (1 ,384,027) (5,980,236) 8,899,482 1,634,454 404,448 971,765 614,523 41,646 12,566,318 6,586,082 54,818,859 $ 61,404,941 (5,980,236) (106,699) 8,530 45,246 65,684 12,761 12,761 $ (2,184,299) (1,904,264) 1,180,758 81,351 (1,769,755) (1,384,027) (5,980,236) 58,812 58,812 71,573 9,527,315 $ 9,598,888 (106, 699) 8,530 45,246 65,684 12,761 (5,967,475) 8,899,482 1,634,454 404,448 971,765 673,335 41,646 12,625,130 6,657,655 64,346,174 $ 71,003,829 Component Unit Water $ 178,357 50,605 8,900 59,505 237,862 11,234,030 $ 11,471,892 ASSETS Cash and pooled investments Cash and pooled investments -held in escrow Accrued interest receivable Accounts receivable Taxes receivable: Delinquent Due from county Special assessments receivable: Delinquent Deferred Due from County Due from other governments Interfund receivable Advance to other funds Prepaid items Total Assets LIABILITIES AND FUND BALANCES Liabilities: Accounts payable Contracts payable Salaries payable Due to other governments Due to component unit Interfund payable Advance from other funds Deposits payable Deferred revenue Total Liabilities Fund balance: Reserved for: Prepaid items Debt service Capital projects Advance to other funds Unreserved reported in: Designated: General Fund Undesignated: General Fund Special Revenue Funds Total fund balance Total liabilities and fund balance CITY OF STILLWATER, MINNESOTA BALANCE SHEET GOVERNMENTAL FUNDS December 31, 2005 General $ 3,998,642 15,951 122,079 103,344 81,314 8,666 70,350 4,146 83,099 14,158 85,527 $ 4,587,276 183,260 11,080 275,289 8,339 313,625 126,120 917,713 85,527 733,042 2,850,994 3,669,563 The notes to the financial statements are an integral part of this statement. 30 St Croix Valley Recreation Center $ 1,066,728 $ 110,106 $ 326,590 7,689 15,000 12,131 $ 1,089,417 141,632 153,763 935,654 935,654 Library 65,524 4,623 45,244 49,867 662 4,623 $ 115,391 26,568 85 38,838 33 Parks 1,902 556 272,325 276,201 412 3,876 $ 333,336 • 27,857 923 24,977 3,378 57,135 3,876 • $ 4,587,276 $ 1,089,417 $ 115,391 $ 333,336 • • • Debt Service $ 5,633,534 5,675,895 22,039 53,389 38,614 13,204 1,522,297 6,756 2,498 1,588,890 1,591,388 11,374,340 Capital Projects $ 12,292,324 92,765 50,592 13,219 1,267,032 5,298 505,284 364,725 520,588 $ 12,965,728 $ 15,114,357 2,530 19,504 139,717 803,666 74 105,295 3,000 1,785,535 2,837,287 1 1,756,482 520,588 TIF Districts $ 3,113,069 $ 655,061 12,486 3,439 117,012 21,540 22,179 172,853 75,231 978,683 520,588 88,231 1,835,586 1,448,664 11,374,340 12,277,070 1,448,664 Other Governmental Funds 248,955 $ 3,284,250 $ 928,995 13,538 1,750 258,647 273,935 655,060 655,060 Total Governmental Funds $ 27,196,054 5,675,895 156,933 326,779 178,912 141,962 35,089 2,859,679 16,200 837,750 378,883 520,588 94,026 $ 38,418,750 707,923 890,985 339,104 1,004,388 105,295 258,647 520,588 316,625 3,588,776 7,732,331 94,026 11,374,340 13,205,146 520,588 733,042 2,850,994 1,908,283 30,686,419 • $ 12,965,728 $ 15,114,357 $ 3,284,250 $ 928,995 $ 38,418,750 RECONCILIATION OF THE GOVERNMENTAL FUNDS BALANCE SHEET TO THE STATEMENT OF NET ASSETS December 31, 2005 Amounts reported for governmental activities in the statement of net assets are different because: Total fund balance - total governmental funds (page 31) $ 30,686,419 Governmental capital assets Accumulated depreciation CITY OF STILLWATER Capital assets used in governmental activities are not financial resources and, therefore, are not reported in the governmental funds. Other long -term assets that are not available to pay for current - period expenditures and, therefore, are deferred in the governmental funds. Delinquent property taxes and special assessments Deferred special assessments Accounts receivable Long -term liabilities are not due and payable in the current period, and, therefore, are not reported in the governmental funds. Long -term debt payable Compensated absences Accrued interest payable Unamortized premium Unamortized refunding and issuance costs 32 82,333,137 (17,629,737) 214,001 2,859,679 515,096 (36,642,500) (754,577) (488,521) (32,310) 344,254 64,703,400 3,588,776 (37,573,654) Net assets of governmental activities (page 27) $ 61,404,941 The notes to the financial statements are an integral part of this statement. • • • THIS PAGE INTENTIONALLY LEFT BLANK STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE GOVERNMENTAL FUNDS Year Ended December 31, 2005 REVENUES Property taxes Tax increment Franchise taxes Licenses and permits Special assessments Intergovernmental Charges for services Fines and forfeits Interest Donations Miscellaneous Total revenues EXPENDITURES Current: General government Public safety Public works Culture and recreation Economic development Capital Outlay Debt Service: Principal Interest Bond issuance fees Professional services Total expenditures Excess (deficiency) of revenues over expenditures OTHER FINANCING SOURCES (USES) Debt Issuance Transfers in Transfers (out) Sale of property Premium on issued debt Total other financing sources (uses Net change in fund balances Fund balance- January 1 Fund balance - December 31 CITY OF STILLWATER, MINNESOTA St Croix Valley Recreation General Center $ 5,290,346 $ 404,448 941,330 7,532 1,732,018 1,190,384 1,274,040 106,774 - 63,372 25,824 68,382 156,152 - 9,892,356 1,368,246 2,335,797 3,573,335 1,439,604 680,800 8,029,536 1,862,820 607,009 (2,172,341) 12,323 (1,553,009) 309,811 The notes to the financial statements are an integral part of this statement. 34 1,024,765 889,616 645,267 • 53,105 62,896 352,368 1,077,870 952,512 290,376 (938,998) 23,430 (187,406) 3,359,752 809,254 $ 3,669,563 $ 935,654 $ Library 4,576 2,225 6,713 13,514 $ 944,557 85 (163,976) 944,642 126,400 5,644 Parks 972 8,831 6,388 65,889 82,080 997,635 (915,555) 919,030 3,848 922,878 7,323 44,223 268,878 $ 49,867 $ 276,201 • • • • Debt Service $ 2,650,171 $ - $ $ 565,939 144,453 143,533 3,504,096 3,898,534 1,345,237 136,655 22,949 5,403,375 (1,899,279) 5,866,848 1,548,580 (117,370) 4,843 7,302,901 5,403,622 5,970,718 $ 11,374,340 Capital Projects 492,529 1,821,642 313,911 1,260,166 25,000 3,913,248 49,777 198,070 4,392,989 27,265 4,668,101 (754,853) 1,468,152 678,057 (1,336,141) 225,000 7,407 1,042,475 287,622 TIF Districts 1,623,139 9,554 47,522 6,881 1,687,096 1,475,218 1,475,218 78,820 (1,013,508) 11,989,448 2,171,474 $ 12,277,070 $ 1,448,664 Other Governmental Funds 527,622 6,563 20,916 11,559 13,358 212,977 792,995 Total Governmental Funds $ 7,940,517 1,623,139 404,448 942,302 1,066,000 4,235,289 2,484,394 127,690 614,334 1,348,787 466,731 21,253,631 625 2,336,422 30,905 3,604,240 180,428 1,669,809 443,201 3,002,849 138,042 1,811,330 535,053 6,077,211 3,898,534 1,345,237 163,920 - 22,949 1,328,254 23,932,501 211,878 (535,259) (2,678,870) 260,000 7,595,000 29,508 4,828,991 (2,225) (4,828,991) 416,837 658,093 - 12,250 (934,688) 704,120 8,265,343 (722,810) 168,861 5,586,473 486,199 25,099,946 $ 655,060 $ 30,686,419 CITY OF STILLWATER RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES For the Year Ended December 31, 2005 Amounts reported for governmental activities in the statement of activities (page 29) are different because: Net change in fund balances - total governmental funds (page 35) $ 5,586,473 Governmental funds report capital outlays as expenditures. However, in the statement of activities the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense. Capital outlays Depreciation expense The net effect of various miscellaneous transactions involving capital assets, including sales, trade -ins and donations, is to increase net assets. Proceeds on the sale of assets (12,543) Gain on the disposal of assets 10,703 Contributions 557,850 Revenues in the statement of activities that do not provide current financial resources are not reported as revenues in the governmental funds. Deferred property taxes 488,493 Deferred special assessments (211,444) Other (240,631) Long -term debt (e.g., bonds, leases) proceeds provide current financial resources to governmental funds, while issuing debt increases long -term liabilities in the statement of net assets. Repayment of principal of long -term debt is an expenditure in the governmental funds, while the repayment reduces long -term liabilities in the statement of net assets. Interest is recognized as an expenditure in the governmental funds when it is due, however, in the statement of activities interest expense is recognized as it accrues regardless of when it is due_ In addition, governmental funds report the effect of issuance costs, premiums and similar items when the debt is initially issued, whereas these amounts are deferred and amortized in the statement of activities. The net effect of these differences in the treatment of long -term debt and related items is as follows: Bond proceeds (7,595,000) Principal retirement on Tong -term debt 3,898,534 Accrued interest expense (38,790) Unamortized premium, refunding, issuance costs 128,952 (3,606,304) Some expenses reported in the statement of activities do not require the use of current financial resources and , therefore, are not report as expenditures in governmental funds_ Compensated absences increase (27,074) Change in net assets of governmental activities (page 29) The notes to the financial statements are integral part of this statement. 36 6,090,498 (2,049,939) 4,040,559 556,010 36,418 • • (27,074) • $ 6,586,082 • REVENUES Property taxes Franchise taxes Licenses and permits Special assessments Intergovernmental Charges for services Fines and forfeits Interest Miscellaneous Total revenues GENERAL FUND STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL Year Ended December 31, 2005 EXPENDITURES General government Mayor and council Elections MIS support services Finance Administration Legal /City attorney Plant/City hall Community development Unallocated Public safety Police Fire Inspections Civil defense Public works Engineering Streets Total expenditures Excess (deficiency) of revenues over expenditures OTHER FINANCING SOURCES (USES) Transfers in Transfers (out) Sale of property Total other financing sources (uses) Net change in fund balance Fund balance- January 1 Fund balance- December 31 CITY OF STILLWATER, MINNESOTA $ 5,594,200 $ 5,307,522 $ 5,290,346 $ (17,176) 400,000 400,000 404,448 4,448 645,020 645,020 941,330 296,310 3,850 3,850 7,532 3,682 1,385,729 1,705,127 1,732,018 26,891 1,165,330 1,165,330 1,190,384 25,054 132,500 132,500 106,774 (25,726) 50,000 50,000 63,372 13,372 53,050 66,560 156,152 89,592 9,429,679 9,475,909 9,892,356 416,447 $ Budgeted Amounts Original Final Actual Amounts 143,631 143,631 4,020 4,020 186,742 186,742 392,139 392,139 570,738 570,738 245,316 245,316 221,348 221,348 637,518 637,518 426,564 426,564 2,359,401 2,397,911 1,151,923 1,209,643 316,105 316,105 15,942 15,942 386,569 1,389,568 8,447,524 982,155 1,149,186 (2,131,341) (982,155) 37 $ 386,569 1,389,568 8,543,754 932,155 1,199,186 (2,131,341) (932,155) The notes to the financial statements are an integral part of this statement. 144,224 (593) 6,306 (2,286) 149,682 37,060 379,881 12,258 556,604 14,134 269,699 (24,383) 247,616 (26,268) 272,152 365,366 422,242 4,322 2,392,616 5,295 1,134,353 75,290 307,453 8,652 2,317 13,625 375,122 11,447 1,369,269 20,299 8,029,536 514,218 1,862,820 930,665 607,009 (592,177) (2,172,341) (41,000) 12,323 12,323 (1,553,009) (620,854) 309,811 $ 309,811 3,359,752 $ 3,669,563 Variance with Final Budget Positive (Negative) REVENUES Charges for services Interest Donations Total revenues ST CROIX VALLEY RECREATION CENTER FUND STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL Year Ended December 31, 2005 EXPENDITURES Current: Culture and recreation Recreation center ice arena Recreation center fieldhouse Lily Lake ice arena Total expenditures Excess (deficiency) of revenues over expenditures OTHER FINANCING SOURCES (USES) Transfers in Transfers (out) Total other financing sources (uses) Net change in fund balance CITY OF STILLWATER, MINNESOTA Budgeted Amounts Original Final Actual Amounts $ 1,148,200 $ 1,148,200 $ 68,000 68,000 1,216,200 1,216,200 676,563 230,213 143,648 1,050,424 676,563 230,213 143,648 1,050,424 165,776 165,776 35,800 (201,576) (165,776) $ - $ 35,800 (201,576) (165, 776) Fund balance- January 1 809,254 Fund balance- December 31 $ 935,654 The notes to the financial statements are an integral part of this statement. 38 1,274,040 25,824 68,382 1,368,246 687,159 222,372 168,339 1,077,870 290,376 23,430 (187,406) (163,976) Variance with Final Budget Positive (Negative) $ 125,840 25,824 382 152,046 (10,596) 7,841 (24,691) (27,446) 124,600 126,400 $ 126,400 • (12,370) • 14,170 1,800 • • • CITY OF STILLWATER, MINNESOTA LIBRARY FUND STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL Year Ended December 31, 2005 Variance with Budgeted Amounts Final Budget Positive Original Final Actual Amounts (Negative) REVENUES Charges for services $ 4,000 $ 4,000 $ 4,576 $ 576 Interest - 2,225 2,225 Donations 200,000 200,000 (200,000) Miscellaneous 5,000 5,000 6,713 1,713 Total revenues 209,000 209,000 13,514 (195,486) EXPENDITURES Current: Culture and recreation Operations 1,080,664 1,080,664 849,579 231,085 Plant 102,987 102,987 102,933 54 Total expenditures 1,183,651 1,183,651 952,512 231,139 Excess (deficiency) of revenues over expenditures (974,651) (974,651) (938,998) 35,653 OTHER FINANCING SOURCES Transfers in 974,651 974,651 944,557 (30,094) Sale of property - 85 85 Total other financing sources 974,651 974,651 944,642 (30,009) Net change in fund balance $ - $ - 5,644 $ 5,559 Fund balance- January 1 Fund balance- December 31 The notes to the financial statements are an integral part of this statement. 39 44,223 $ 49,867 Fund balance - January 1 Fund balance - December 31 CITY OF STILLWATER, MINNESOTA PARKS FUND STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL Year Ended December 31, 2005 The notes to the financial statements are an integral part of this statement. Variance with Budgeted Amounts Final Budget Positive Original Final Actual Amounts (Negative) REVENUES Licenses and permits $ 1,000 $ 1,000 $ 972 $ (28) Charges for services 10,000 10,000 8,831 (1,169) Interest - 6,388 6,388 Miscellaneous 3,200 3,200 65,889 62,689 Total revenues 14,200 14,200 82,080 67,880 EXPENDITURES Current: Culture and recreation 1,564,708 1,564,708 997,635 567,073 Excess (deficiency) of revenues over expenditures (1,550,508) (1,550,508) (915,555) 634,953 OTHER FINANCING SOURCES (USES) Transfers in 1,550,508 1,550,508 919,030 (631,478) Sale of property - - 3,848 3,848 Total other financing sources (uses) 1,550,508 1,550,508 922,878 (627,630) Net change in fund balance $ - $ - 7,323 $ 7,323 40 268,878 $ 276,201 • • • THIS PAGE INTENTIONALLY LEFT BLANK ASSETS Current assets: Cash and pooled investments $ 944,476 $ 619,417 Accrued interest receivable 6,766 4,457 Accounts receivable 328,648 20,918 Due from other governments 7,352 - Prepaid items 97,780 12,214 Total current assets 1,385,022 657,006 Noncurrent assets: Capital Assets: Land CITY OF STILLWATER, MINNESOTA STATEMENT OF NET ASSETS PROPRIETARY FUNDS December 31, 2005 Business -type Activities Sanitary Storm Sewer Sewer Improvements other than building Machinery and equipment 218,329 3,426 Vehicles 362,961 12,780 Infrastructure 9,455,580 - Construction in progress 266,073 - Less accumulated depreciation (3,320,137) (5,210) Total capital assets (net of accumulated depreciation) 6,982,806 10,996 Total assets 8,367,828 668,002 LIABILITIES Current liabilities: Accounts payable 23,529 1,797 Contracts payable - 1,677 Salaries payable 14,499 5,541 lnterfund payable Due to other governments 10 1 Due to component unit 5,643 Compensated absences payable 6,830 2,117 Total current liabilities 50,511 11,133 Noncurrent liabilities: Compensated absences 30,832 15,000 Total liabilities 81,343 26,133 NET ASSETS Net assets, invested in capital assets 6,982,806 10,996 Unrestricted 1,303,679 630,873 Total net assets $ 8,286,485 $ 641,869 The notes to the financial statements are an integral part of this statement. 42 • - Enterprise Funds Signs and Lighting Parking Totals $ 396 $ 280,939 $ 1 ,845,228 168 2,208 13,599 39,183 - 388,749 6,243 13,595 852 441 111,287 40,599 289,831 2,372,458 962 (508) 122,920 122,920 442,502 442,502 70,139 292,856 24,418 400,159 - 9,455,580 35,904 301,977 (188,578) (3,514,433) 454 507,305 7,501,561 41,053 797,136 9,874,019 18,909 9,376 53,611 - 1,677 4,823 3,323 28,186 120,236 120,236 106 1,551 1,668 - 5,643 2,396 1,664 13,007 146,470 15,914 224,028 5,271 51,103 151,741 15,914 275,131 454 507,305 7,501,561 (111,142) 273,917 2,097,327 $ (110,688) $ 781,222 $ 9,598,888 43 CITY OF STILLWATER, MINNESOTA COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET ASSETS PROPRIETARY FUNDS Year ended December 31, 2005 OPERATING REVENUES Charges for services $ 1,710,281 $ 210,708 OPERATING EXPENSES Personnel services 296,493 101,786 Supplies 17,599 4,102 Other services and charges 1,391,724 83,815 Miscellaneous 4,324 10,854 Depreciation 217,213 1,621 Total operating expenses 1,927,353 202,178 Income (loss) from operations (217,072) 8,530 NONOPERATING REVENUES (EXPENSES) Interest income 35,865 14,968 Other income (expense) 86,773 Total nonoperating revenues 122,638 14,968 Income (loss) before contributions and transfers (94,434) 23,498 Capital contributions 23,600 Change in net assets (70,834) 23,498 Net assets, January 1 8,357,319 618,371 Net assets, December 31 $ 8,286,485 $ 641,869 The notes to the financial statements are an integral part of this statement 44 Business -type Activities Sanitary Storm Sewer Sewer • • • - Enterprise Funds Signs and Lighting Parking Totals $ 357,612 $ 244,079 $ 2,522,680 80,901 87,238 566,418 15,405 10,373 47,479 215,422 51,898 1,742,859 317 3,550 19,045 321 25,336 244,491 312,366 178,395 2,620,292 45,246 65,684 (97,612) 564 7,415 58,812 86,773 564 7,415 145,585 45,810 73,099 47,973 - 23,600 45,810 73,099 71,573 (156,498) 708,123 9,527,315 $ (110,688) $ 781,222 $ 9,598,888 45 CASH FLOWS FROM OPERATING ACTIVITIES Receipts from customers and users Payments to suppliers Payments to employees Net cash from operating activities CASH FLOWS FROM INVESTING ACTIVITIES Interest received on investments Net cash from investing activities CITY OF STILLWATER, MINNESOTA STATEMENT OF CASH FLOWS PROPRIETARY FUNDS Year Ended December 31, 2005 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Payment on loans from other funds Net cash from noncapital financing activities CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Acquisition and construction of capital assets Proceeds from taxes, assessments, connections Net cash from capital and related financing activities Net increase (decrease) in cash and pooled investments Cash and pooled investments, January 1 Cash and pooled investments, December 31 RECONCILIATION OF OPERATING INCOME (LOSS) TO NET CASH PROVIDED (USED) BY OPERATING ACTIVITIES Operating income (loss) Adjustments to reconcile operating income (loss) to net cash provided (used) by operating activities: Depreciation expense (Increase) Decrease in Assets: Accounts receivable Due from other governments Prepaid items Increase (Decrease) in Liabilities: Accounts payable Contracts payable Salaries payable Due to other governments Due to component unit Compensated absences payable Total adjustments Net cash from operating activities The notes to the financial statements are an integral part of this statement 46 Business -type Activities Sanitary Storm Sewer Sewer $ 1,725,253 $ 206,477 (1,450,350) (106,994) (293,785) (90,992) (18,882) 8,491 (43,756) 86,773 43,017 36,944 36,944 61,079 883,397 $ 944,476 NON -CASH TRANSACTIONS AFFECTING FINANCIAL POSITION Contributions of capital assets received $ 23,600 $ (217,072) $ 217,213 19,190 (4,218) (190) 12,977 1,896 (34,739) (14,751) 812 $ 198,190 $ (18,882) 13,653 13,653 22,144 597,273 $ 619,417 8,530 1,621 (4,231) (11,698) 1,797 1,677 837 1 9,957 $ (39) $ 8,491 • • • - Enterprise Funds Signs and Lighting $ 353,725 (229,178) (79,373) 45,174 (45,234) - (45,234) (45,234) - (45,234) $ 45,246 321 (4,981) 1,094 (45) 2,000 933 11 595 $ (72) Parking Totals $ 240,040 (58,911) (87,885) 93,244 (185,598) (185,598) 396 7,239 396 7,239 336 (85,115) 60 366,054 396 $ 280,939 - $ - $ 2,525,495 (1,845,433) (552,035) 128,027 (229,354) 86,773 (142,581) 58,232 58,232 (1,556) 1,846,784 $ 1,845,228 $ 23,600 $ 65,684 $ (97,612) 25,336 244,491 (4,039) (28) 9,199 (2,509) (109) 248 (538) $ 27,560 9,978 (7,163) (11,961) 25,973 (832) 3,557 (34,479) (14,751) 10,826 $ 225,639 $ 45,174 $ 93,244 $ 128,027 47 CITY OF STILLWATER, MINNESOTA STATEMENT OF NET ASSETS FIDUCIARY FUNDS December 31, 2005 48 TIF Note Agency Fund ASSETS Cash and pooled investments $ 202,289 Total Assets $ 202,289 LIABILITIES Accounts payable $ 202,289 Total Liabilities $ 202,289 The notes to the financial statements are an integral part of this statement. • • • CITY OF STILLWATER, MINNESOTA Notes to the Financial Statement December 31, 2005 NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The City of Stillwater operates under the "Home Rule Charter" form of government under the provisions of the State of Minnesota law. The Mayor is the president of the Council and together with the City Council comprises the governing body of the City, which is responsible for directing the activities of the City. The City provides the following services: police and fire protection, highways and streets, parks, storm sewer, sanitary sewer, planning, zoning, and general administration. The basic financial statements of the City of Stillwater have been prepared in conformity with U.S. generally accepted accounting principles as applied to governmental units by the Governmental Accounting Standards Board (GASB). The following is a summary of the significant accounting policies: A. FINANCIAL REPORTING ENTITY As required by U.S. generally accepted accounting principles, the financial statements of the reporting entity include those of the City of Stillwater and its component unit. A component unit is a legally separate entity for which the 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 include whether or not the primary government appoints the voting majority of the potential component unit's board, 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. COMPONENT UNIT In conformity with U.S. generally accepted accounting principles, the financial statements of the component unit have been included in the financial reporting entity as a discretely presented component unit. Board of Water Commission The component unit column of the accompanying financial statements includes the financial date of the Board of Water Commission. This financial information is presented in a separate column to emphasize the Board of Water Commission is legally separate from the City. The Board of Water Commission was created and prescribed by the City Charter. The Commission is a three member governing board appointed by the City Council. The purpose of the Commission is to manage, control, maintain and account for the water works system owned by the City. Financial activities and budgetary control responsibilities lie with the Commission. Debt issuance must be approved by the City Council and the legal liability for debt issuance remains with the City. Operations of the water works system are funded solely by user rate fees set by the Commission. The Commission is presented as a proprietary fund type (business -type activity). Complete audited financial statements for the Board of Water Commission may be obtained by writing the Board of Water Commission, 204 North 3 Street, Stillwater, Minnesota 55082. OTHER ORGANIZATION The Stillwater Fire Department Relief Association is organized as a non- profit organization, legally separate from the City, by the member to provide pension and other benefits to such members, in accordance with Minnesota statutes and the Association's by -laws. Its board of directors is appointed by the membership of the Association and not by the City Council. The Association issues its own set of financial statements. All funding is conducted in accordance 49 CITY OF STILLWATER, MINNESOTA Notes to the Financial Statement (Continued) December 31, 2005 with applicable Minnesota statutes, whereby state aids flow to the Association. The Association pays benefits directly to its members. Because the Association is fiscally independent of the City, the financial statements of the Association have not been included as a component of the City's reporting entity. B. BASIC FINANCIAL STATEMENTS 1. Government -Wide Statements The government -wide financial statements (i.e., the statement of net assets and the statement of activities) display information about the primary government and its component unit. These statements include the financial activities of the overall City government, except for fiduciary activities. As a general rule, the effect of Interfund activity has been eliminated from the government -wide financial statements. Exceptions to this general rule are charges between the City enterprise funds and various other function of government. Eliminations of these charges would distort the direct costs and program revenues reported for the various functions concerned. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business -type activities, which rely to a significant extent on fees and charges to external parties for support. In the government -wide statement of net assets, both the governmental and business -type activities columns: (a) are presented on a consolidated basis by column; and (b) are reported on a full accrual, economic resource basis, which recognizes all long -term assets and receivables as well as long -term debt and obligations. The City's net assets are reported in three parts: (a) invested in capital assets, net of related debt; (b) restricted net assets; and (v) unrestricted net assets. When both restricted and unrestricted resources are available for use, it is the City's policy to use restricted resources first, then unrestricted resources as they are needed to finance qualifying activities. The statement of activities demonstrates the degree to which the direct expenses of each function of the City's governmental activities and different business -type activity are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or activity. Program revenues include: (a) fees, fines, and charges paid by the recipients of goods, services, or privileges provided by a given function or activity; and (b) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or activity. Revenues that are not classified as program revenues, including all taxes, are presented as general revenues. 2. Fund Financial Statements The fund financial statements provide information about the City's funds, including its fiduciary funds. Separate statements for each fund category-- govemmental, proprietary, and fiduciary- -are presented. The emphasis of governmental and proprietary fund financial statements is on major individual governmental and enterprise funds, with each displayed as separate columns in the fund financial statements. All remaining governmental funds are aggregated and reported as nonmajor funds. Proprietary fund operating revenues, such as charges for services, result from exchange transactions associated with the principal activity of the fund. Exchange transactions are those in which each party receives and gives up essentially equal values. Nonoperating revenues, such as subsidies and investment earnings, result from nonexchange transactions or incidental activities. • • CITY OF STILLWATER, MINNESOTA Notes to the Financial Statement (Continued) December 31, 2005 The City reports the following major governmental funds: General Fund The general fund is the City's primary operating fund. It accounts for all financial resources of the general government, except those required to be accounted for in another fund. St. Croix Valley Recreation Center Fund This fund is used to account for the operation of the sports facility in Stillwater. Library Fund This fund is used to account for the operations of the City's library. Parks Fund The parks fund is used to account for the operations of the City's parks. Debt Service Fund The debt service fund is used to account for the accumulation of resources for, and the payment of, long -term debt principal, interest and related costs. Capital Proiects Fund This fund is used to account for financial resources to be used for the acquisition or construction of major capital facilities other than those financed by proprietary funds. TIF Districts Fund This fund is used to account for financial resources to be collected by and used in the City's tax increment financing districts. The City reports the following major proprietary funds: Sanitary Sewer Fund The sanitary sewer fund accounts for the provision of sanitary sewer service to the residents and commercial and industrial establishments of the City. Storm Sewer Fund The storm sewer fund accounts for the provision of storm sewer service to the residents and commercial and industrial establishments of the City. Signs and Lighting Fund The signs and lighting fund accounts for the operation and maintenance of the City's sign and lighting system. Parking Fund The parking fund accounts for the operation of parking facilities located in downtown Stillwater. Additionally the City reports the following fiduciary fund: Agency Fund To account for assets held as an agent for individuals, private organizations, other governmental units, and /or other funds. The City's agency fund accounts for pass- through funds associated with TIF related construction. D. BUDGETS CITY OF STILLWATER, MINNESOTA Notes to the Financial Statement (Continued) December 31, 2005 C. MEASUREMENT FOCUS AND BASIS OF ACCOUNTING The government -wide, and proprietary fund financial statements are reported using the economic resources measurement focus and the accrual basis of accounting. Revenues are recorded when earned, and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. Agency funds, which are included in the Fiduciary Funds, do not have a measurement focus. The City and its component unit, in accordance with GASB Statement No. 20, have implemented all Financial Accounting Standards Board (FASB) pronouncements issued on or before November 30, 1989, except for those that conflict or contradict GASB pronouncements. The City and its component unit have elected to implement GASB pronouncements exclusively subsequent to November 30, 1989. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. The City considers all revenues to be available if they are collected within 60 days after the end of the current period. Property and other taxes, licenses, and interest are all considered to be susceptible to accrual. Expenditures are recorded when the related fund liability is incurred, except for principal and interest on long -term debt, compensated absences, and claims and judgments, which are recognized as expenditures to the extent that they have matured. Proceeds of long -term debt and acquisitions under capital leases are reported as other financing sources. The City reports deferred revenue on its governmental fund balance sheets. Deferred revenues arise when a potential revenue does not meet both the "measurable" and "available" criteria for recognition in the current period. Deferred revenue also arises when resources are received prior to the incurrence of the qualifying expenditure. In subsequent periods, when both revenue recognition criteria are met, or when the City has a legal claim to the resources, the liability for deferred revenue is removed from the balance sheet and revenue is recognized. Proprietary funds distinguish operating revenues and expenses from nonoperating item. Operating revenues and expenses generally result from providing services and producing and delivering goods in connections with a proprietary fund's principal ongoing operations. The principal operating revenue of the City's enterprise funds are charges to customers for sales and services. Operating expenses for enterprise funds include the cost of sales and services, administrative expenses, and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenses. The component unit, the Board of Water Commissions, reports its financial statements under the accrual basis of accounting as a proprietary fund type. Budgets are adopted on a basis consistent with U.S. generally accepted accounting principles. Annual appropriated budgets are adopted for the general fund and other major governmental funds as follows: St. Croix Valley Recreation, Library, and Parks fund. The City also adopts a budget for the nonmajor governmental Special Events fund, and Washington County Recycling Grant fund, which are presented in the combining and individual fund section of the Comprehensive Annual Financial Report. • • E. LEGAL COMPLIANCE - BUDGETS The City follows these procedures in establishing the budgetary data reflected in the financial statements: 1. The City Administrator submits to the City Council a proposed operating budget for the fiscal year commencing the following January 1. The operating budget includes proposed expenditures and the means of financing them. 2. Public hearings are conducted to obtain taxpayer comments. 3. The budget is legally approved by passage of a resolution. 4. The City Council may authorize transfer of budgeted amounts between funds and may approve additional expenditures for departments in excess of the amount budgeted. 5. Formal budgetary integration is employed as a management control device during the year for the general fund and other budgeted funds. Formal budgetary integration is not employed for the debt service and the capital projects funds because effective budgetary control is achieved through general obligation bond indenture provisions and project contracts. F. CASH, CASH EQUIVALENTS AND INVESTMENTS Cash balances from all funds are pooled and invested to the extent available in investments authorized by Minnesota statutes. Earnings from investments are allocated to individual funds on the basis of the fund's equity in the cash and investment pool. The City provides temporary advances to funds that have insufficient cash balances by means of an advance from another fund shown as interfund receivables in the advancing fund in the governmental fund financial statements, and an interfund payable in the fund with the deficit, until adequate resources are received. These interfund balances are eliminated for the statement of net assets presentation. Investments are stated at fair value as of the balance sheet date, except for investments with original maturities of less than one year, which are carried at cost. Interest earnings are accrued at the balance sheet date. For the purposes of the statement of cash flows of the proprietary funds, the City considers all cash and investments under the classifications of current assets and restricted assets to be cash and cash equivalents, except those held with a fiscal agent. G. PREPAID ITEMS Payments made to vendors for services that will benefit periods beyond December 31, 2005, are recorded as prepaid items. H. INVENTORIES CITY OF STILLWATER, MINNESOTA Notes to the Financial Statement (Continued) December 31, 2005 The inventories of the component unit are valued at the lower of cost (first -in, first -out method) or market. Inventories of the component unit are recorded as expenditures when consumed rather than when purchased I. PROPERTY TAX LEVY AND REVENUE RECOGNITION On or before July 1 each year, all departments of the City submit budget requests to the City Administrator so that a budget may be prepared and a tax levy adopted for the following fiscal 53 CITY OF STILLWATER, MINNESOTA Notes to the Financial Statement (Continued) December 31, 2005 year. The budget is prepared by fund, function and department and includes information on the past year, current year estimates, and requested appropriations for the next fiscal year. Revenue estimates are prepared by the Finance Department, including the estimated tax levy needed to support City expenditures. The proposed budget and tax levy is presented to the City Council for review by August 31. The city Council reviews and makes changes to the proposed budget and tax levy. By September 15, a "proposed tax levy" is certified to the State of Minnesota and Washington County. Minnesota statutes require the counties to send out preliminary tax notices to all property owners showing the prior year's tax levy and proposed tax levy, including dollars and percentage increase or decrease between years for all taxing jurisdiction. After November 25, and before December 25, Minnesota statutes require the City to hold a public hearing and present the budget and proposed tax levy to the citizens. The City Council must adopt the final budget and "final tax levy" after closing the public hearing. The final tax levy must be less than or equal to the proposed tax levy. The final tax levy must be certified to Washington County be December 28 or the previous year's tax levy will be used by default. The County is responsible for billing and collecting all property taxes for itself, the City, the local School District and other taxing authorities. Such taxes become a lien on January 1 and are recorded as receivables by the City at that date. Real property taxes are payable (by property owners) on May 15 and October 15 of each calendar year. Personal property taxes are payable by taxpayers on February 28 and June 30 of each year. These taxes are collected by the County and remitted to the City on or before July 15 and December 15 of the same year. Delinquent collections for November and December are received the following January. The City has no ability to enforce payment of property taxes by property owners. The County possesses this authority. Within the governmental fund financial statements, the City recognizes property tax revenue when it becomes both measurable and available to finance expenditures of the current period. in practice, current and delinquent taxes and State credits received by the City in July, December and the following January are recognized as revenue for the current year. Taxes and credits not received at the year -end are classified as delinquent and due from county taxes receivable. The portion of delinquent taxes not collected by the City in January is fully offset by deferred revenue because it is not available to finance current expenditures. Property tax levies in governmental activities is susceptible to full accrual on the government - wide statements. J. SPECIAL ASSESSMENT REVENUE RECOGNITION 54 Special assessments are levied against benefited properties for the cost or a portion of the cost of special assessment improvement projects in accordance with State Statutes. These assessments are collectible by the City over a term of years usually consistent with the term of the related bond issue. Collection of annual installments (including interest) is handled by the County Auditor in the same manner as property taxes. Property owners are allowed to (and often do) prepay future installments without interest or prepayment penalties. Within the fund financial statements, the revenue from special assessments is recognized by the City when it becomes measurable and available to finance expenditures of the current fiscal period. In practice, current and delinquent special assessments received by the City are recognized as revenue for the current year. Special assessments are collected by the County and remitted by December 31 (remitted to the City the following January) and are also recognized as revenue for the current year. All remaining delinquent, deferred and special deferred assessments receivable in governmental funding are completely offset by deferred revenues. Special assessment levies in governmental activities is susceptible to full accrual on the government -wide statements. Once a special assessment roll is adopted, the amount attributed to each parcel is a lien upon that property until full payment is made or the amount is determined to be excessive by the City Council or court action. If special assessments are allowed to go delinquent, the property is subject to tax forfeit sale and the first proceeds of that sale (after costs, penalties and expenses of sale) are remitted to the City in payment of delinquent special assessments. Generally, the City will collect the full amount of its special assessments not adjusted by City Council or court action. Pursuant to State Statutes, a property shall be subject to a tax forfeit sale after three years unless it is homesteaded, agricultural or seasonal recreational land in which event the property is subject to such sale after five years. K. INTERFUND RECEIVABLES /PAYABLES During the course of operations, numerous transactions occur between individual funds for goods provided or services rendered. These receivables are classified as interfund receivables and payables on the governmental fund balance sheets. The non - current portion of interfund loans, if any, is reported as "advances to /from other funds." Advances between funds are offset by a fund balance reserve account in applicable governmental funds to indicate they are not available for appropriation and are not expendable from available financial resources. L. CAPITAL ASSETS Component Unit CITY OF STILLWATER, MINNESOTA Notes to the Financial Statement (Continued) December 31, 2005 Capital assets, which include property, plant, equipment, and infrastructure assets (e.g. roads, sidewalks, street lights, and similar items) are reported in the applicable governmental or business -type activities columns in the government -wide financial statements. Infrastructure assets have been capitalized retroactively to 1980. Capital assets exceeding the City's capitalization threshold of $1,000 are recorded at historical cost or estimated historical cost if purchased or constructed. The cost of normal maintenance and repairs that do not add to the value of the asset or materially extend asset lives are not capitalized. Major outlays for capital assets and improvements are capitalized as projects are constructed. Depreciation on exhaustible assets is recorded as an allocated expense in the Statement of Activities with accumulated depreciation reflected in the Statement of Net Assets. Capital assets are depreciated using the straight -line method over their estimated useful lives. Because surplus assets are sold for an immaterial amount when declared as no longer needed for City purposes, no salvage value is taken into consideration for depreciation. Useful lives vary from 3 to 30 years for Buildings, Office Furniture and Equipment, Vehicles, Machine Shop and Equipment and Other assets, and 25 to 80 years for Infrastructure. Capital assets not being depreciated include land and construction in progress. Utility plant, property, and equipment are recorded at cost, or in the case of contributions, at fair market value to the time received. Depreciation is calculated using the straight -line method over the assets' estimated useful lives, ranging from five to fifty years. M. COMPENSATED ABSENCES Sick leave and vacation benefits accrue to employees based upon their term of employment and in accordance with the individual labor agreements. 55 Vested or accumulated vacation or sick leave is accrued as incurred in the government -wide and proprietary fund financial statements. No liability is recorded for nonvesting accumulating rights to receive sick pay benefits. Component unit The Board of Water Commission records a long -term liability for employee compensated absences consisting of vested sick pay and current liability for vested vacation. Employees may carry over five vacations days and one hundred sick days. Employees are compensated for sick days in excess of one hundred days at year end and for all vested sick days and vacations days upon termination. N. LONG -TERM OBLIGATIONS CITY OF STILLWATER, MINNESOTA Notes to the Financial Statement (Continued) December 31, 2005 In the entity -wide financial statements, long -term debt and other long -term obligations are reported as liabilities in the applicable governmental activities. Bond premiums and discounts are deferred and amortized over the life of the bonds using the straight -line method. Bond issue costs, if material, are reported as prepaid items and amortized over the term of the related debt using the straight -line method. In the governmental fund financial statements, bond premiums and discounts, as well as bond issue costs are recognized during the current period. The face amount of the debt issue is reported as on other financing source. Premiums received on debt issuances are reported as other financing sources while discounts are reported as other financing uses. Issue costs are reported as debt service expenditures. O. FUND EQUITY In the governmental fund financial statements, reservations of fund balance represent those portions of fund equity not appropriable for expenditure or legally segregated for a specific future use. Designated fund balances represent tentative plans for future use of financial resources. P. INTERFUND TRANSACTIONS Interfund service transactions are accounted for as revenues, expenditures or expenses. Transactions that constitute reimbursements to a fund for expenditures /expenses initially made from it that are properly applicable to another fund, are recorded as expenditures /expenses in the reimbursing fund and as reductions of expenditures or expenses in the fund that is reimbursed. All other interfund transactions, except Interfund service transactions and reimbursements, are reported as transfers. Nonrecurring or nonroutine permanent transfers of equity are reported as transfers. All other interfund transfers are reported as operating transfers. All interfund transactions are eliminated except for activity between governmental activities and business -type activities for presentation in the entity -wide statements of net assets and statements of activities. NOTE 2 DEPOSITS AND INVESTMENTS Deposits The City maintains a cash and investment pool that is available for use by all funds. Each fund type's portion of this pool is displayed on the combined balance sheet as "Cash and pooled investments ". In accordance with Minnesota Statutes, the City maintains deposits at financial institutions which are authorized by the City Council. 56 • Component Unit Investments 9) CITY OF STILLWATER, MINNESOTA Notes to the Financial Statement (Continued) December 31, 2005 Custodial Credit Risk — Custodial credit risk for deposits is the risk that in the event of a bank failure, the City's deposits may not be returned to it. The City and its component unit does not have a deposit policy for custodial risk instead follows Minnesota Statutes for deposits. Minnesota Statutes require that all deposits be protected by insurance, surety bond, or collateral. The market value of collateral pledges must equal 110% of the deposits not covered by insurance or corporate surety bonds. Authorized collateral include: U.S. government treasury bills, notes, or bonds; issues of U.S. government agency; general obligations of 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 department of a commercial bank or other financial institution not owned by the depository . The City's deposits at December 31, 2005 in the amount of $2,525,739 were entirely covered by federal depository insurance or by surety bonds and collateral in accordance with Minnesota Statutes. The Board of Water Commissions deposits at December 31, 2005 in the amount of $2,061,688 were entirely covered by federal depository insurance or by surety bonds and collateral in accordance with Minnesota Statutes. • Minnesota statutes authorize the City to invest in the following: a) Direct obligations or obligations guaranteed by the United States or its agencies. b) Shares of investment companies registered under the Federal Investment Company Act of 1940 and received the highest credit rating, is rated in one of the two highest rating categories by a statistical rating agency, and all of the investments have a final maturity of thirteen months or less. c) General obligations rated "A" or better; revenue obligations rated "AA" or better. d) General obligations of the Minnesota Housing Finance Agency rated "A" or better. e) Bankers acceptance of United States banks eligible for purchase by the Federal Reserve System. f) Commercial paper issued by United States corporations or their Canadian subsidiaries, of the highest quality category by at least two nationally recognized rating agencies, and maturing in 270 days or less. Guaranteed investment contracts guaranteed by the United States commercial banks or domestic branches of foreign banks or United States insurance companies if similar debt obligations of the issuer or the collateral pledged by the issuer is the top two rating categories. h) Repurchase or reverse repurchase agreements and securities lending agreements financial institutions qualified as a "depository" by the government entity, with banks that are members of the Federal Reserve System with capitalization exceeding $10,000,000, a primary reporting dealer in U.S. government securities to the Federal Reserve Bank of New York, or certain Minnesota securities broker - dealers. CITY OF STILLWATER, MINNESOTA Notes to the Financial Statement (Continued) December 31, 2005 At December 31, 2005, the City's investment bank balances were as follows: Cash Investments Held by Trustee: Type United States Treasury Securities These investments are held by an escrow agent in accordance with escrow agreements established with the sale of the General Obligation Capital Outlay Refunding Bonds, Series 2005B and the General Obligation Sports Center Refunding Bonds, Series 2005C. The proceeds of these issues are scheduled to be used to refund, in advance of their stated maturities, the 2007 through 2021, inclusive, of the City's General Obligation Capital Outlay Bonds, Series 1996A, and the 2007 through 2018, inclusive, of the City's General Obligation Sports Center Bonds, Series 1998A totaling $5,705,000. Investments Held with Broker: Interest Rate Risk Interest rate risk is the risk that changes in interest rates that will adversely affect the fair value of an investment. As a means of limiting the City's exposure to interest rate risk, the City's investment policy limits 25% of the City's total investment portfolio to maturities not to extend beyond 5 years and under no circumstance should any investment maturity extend beyond 10 years without prior City Council approval. As of December 31, 2005, the City had 0 the following investments and maturities: Type Value or Less Months Months Repurchase agreement $ 627,867 $ 627,867 $ - $ - Money market funds 8,912,153 8,912,153 - Municipal bonds 431,833 431,833 US Agencies: Federal Home Loan 12,654,676 6,012,781 5,912,347 729,548 Federal National Mortgage Association 4,251,540 3,761,890 489,650 - Total $26,878,069 $19,314,691 $6,833,830 $729,548 Credit Risk Generally, credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. This risk is measured by the assignment of a rating by a nationally recognized statistical rating organization. As of December 31, 2005, the investments, as rated by Moody's Investors Service, had the following ratings: Credit Type Quality Rating Amount Money market funds Aaa $ 8,912,153 Municipal bonds Aa3 431,833 US Agencies: Federal Home Loan Aaa 12,654,676 Federal National Mortgage Association Aaa 4,251,540 Total $26,250,202 Fair Value $ 5,675,895 Fair 12 Months 13 to 24 25 to 60 • • Concentration of Risk NOTE 3 CAPITAL ASSETS CITY OF STILLWATER, MINNESOTA Notes to the Financial Statement (Continued) December 31, 2005 The City places no limit on the amount that the City may invest in any one issuer, but limits individual investment instrument amounts to $500,000 or less. As of December 31, 2005, the investments which individually comprise more than 5 percent of the City's total investments are as follows: Custodial Risk Type US Agencies: Federal Home Loan Federal National Mortgage Association 59 Amount Percentage $12,654,676 54.99% 4,251,540 18.47% For an investment, custodial credit risk is the risk that, in the event of failure of the couterparty, the City will not be able to recover the value of it's investment or collateral securities that are in the possession of an outside party. The City does not have a policy specific for investment custodial credit risk. Capital asset activity for the year ended December 31, 2005 was as follows: Beginning Ending Balance Increases Decreases Balance Governmental Activities: Capital Assets, Not Being Depreciated Land $ 7,254,322 $ 479,604 $ - $ 7,733,926 Construction in Process 14,308,779 4,904,884 2,029,074 17,184,589 Total capital assets, not being depreciated 21,563,101 5,384,488 2,029,074 24,918,515 Capital Assets, Being Depreciated: Buildings and Other Improvements 22,013,886 - 22,013,886 Improvements Other Than Buildings 1,308,294 33,164 - 1,341,458 Machinery and Equipment 3,638,805 846,481 12,353 4,472,933 Vehicles 3,752,944 447,303 113,652 4,086,595 Infrastructure 23,533,765 1,965,986 - 25,499,751 Total Capital Assets, Being Depreciated 54,247,694 3,292,934 126,005 57,414,623 Accumulated Depreciation for: Buildings and Other Improvements 4,875,995 565,641 5,441,636 Improvements Other Than Buildings 510,815 56,995 - 567,810 Machinery and Equipment 1,890,658 400,373 40,423 2,250,608 Vehicles 1,878,316 280,565 83,742 2,075,139 Infrastructure 6,548,180 746,365 - 7,294,545 Total Accumulated Depreciation 15,703,964 2,049,939 124,165 17,629,738 Total Capital Assets, Being Depreciated, Net 38,543,730 1,242,995 1,840 39,784,885 Governmental Activities Capital Assets, Net $ 60,106,831 $ 6,627,483 $ 2,030,914 $ 64,703,400 Component Unit: Capital Assets, Not Being Depreciated Land NOTE 4 CITY INDEBTEDNESS CITY OF STILLWATER, MINNESOTA Notes to the Financial Statement (Continued) December 31, 2005 Business -Type Activities: Capital Assets, Not Being Depreciated Land Construction in Progress Total capital assets, not being depreciated Capital Assets, Being Depreciated: Improvements Other Than Buildings Machinery and Equipment Vehicles Infrastructure Total Capital Assets, Being Depreciated Accumulated Depreciation for: Improvements Other Than Buildings Machinery and Equipment Vehicles Infrastructure Total Accumulated Depreciation Total Capital Assets, Being Depreciated, Net Business -Type Capital Assets, Net Capital Assets, Being Depredated: Equipment Distribution System Total Capital Assets, Being Depreciated Accumulated Depreciation for: Equipment Distribution System Total Accumulated Depreciation Total Capital Assets, Being Depreciated, Net Component Unit Capital Assets, Net 60 Beginning Balance $ 122,920 $ 288,193 411,113 270,863 253,926 400,159 9,426,980 10,351,928 99,317 96,735 149,359 2,924,531 3,269,942 7,081,986 $ 7,493,099 $ 4,987 $ 513,055 13,791 ,703 14,304,758 356,275 3,633,443 3,989,718 10,315,040 $ 10,320,027 General government $ 198,113 Public safety 249,850 Public works 1,036,339 Culture and Recreation 565,637 Total Depredation Expense, Govemmental Activities $ 2,049,939 Ending Increases Decreases Balance 44,867 44,867 171,639 38,930 28,600 239,169 $ 18,059 24,557 27,093 174,782 244,491 (5,322) $ 39,545 $ Depreciation expense was charged to governmental functions as follows: 31,083 31,083 31,083 103,261 44,334 153,215 256,476 44,334 47,461 40,174 301,418 - 348,879 40,174 (92,403) 4,160 $ (92,403) $ 4,160 $ 122,920 301,977 424,897 442,502 292,856 400,159 9,455,580 10,591,097 117,376 121,292 176,452 3,099,313 3,514,433 7,076,664 $ 7,501,561 $ $ 4,980 571,982 13,944,918 14,516,900 363,562 3,934,861 4,298,423 10,218,477 $ 10,223,464 The City issues general obligation bonds for general government, improvement, revenue and tax increment activities. General obligation bonds are direct obligations of the City and pledge the full faith, credit, and taxing power of the City. The general government bonds outstanding are to be repaid from general tax levies. The improvement debt is expected to be repaid primarily from the special assessments to benefited properties. Debt service funds related to the retirement of the improvement bond issues having a fund balance of $1,620,312 as of December 31, 2005, have been established to cover defaults by the property owners. Delinquent and deferred special Component Unit CITY OF STILLWATER, MINNESOTA Notes to the Financial Statement (Continued) December 31, 2005 assessments receivable as of December 31, 2005, amount to $2,815,752. The revenue bonds are expected to be paid from revenues generated from the project. The tax increment bonds outstanding are to be paid from the pledged tax increment revenues. Total interest incurred and charged to expense during the year ended December 31, 2005 in the government -wide financial statements of the primary government was $1,384,027. The Board of Water Commission interest incurred and charged to expense was $46,428 during 2005. Advanced Refunding On March 1, 2005, the City issued an advanced refunding $3,160,000 General Obligation Capital Outlay Refunding Bonds, Series 2005B and an advanced refunding $2,695,000 General Obligation Sports Center Refunding Bonds, Series 2005C to refinance existing debt issued in 1996 and 1998 respectively. Future debt service payments will be reduced by $272,262 and $93,332, respectively with economic gain of $204,352 and $85,835, respectively. City indebtedness at December 31, 2005 is composed of the following: Final Issue Maturity Interest Original Payable Date Date Rate Issue 12/31/2005 Primary Government, Governmental Activities: General Obligation Bonds Payable: 1996A General Government 05/01/96 02/01/21 5.44% 5,530,000 3,295,000 1998B General Government 02/01/98 02/01/19 4.56% 2,500,000 1,460,000 2000C General Government 04/01/00 02/01/10 4.00 % -5.2% 990,000 475,000 2002A General Government 02/07/02 02/01/22 5.13% 7,840,000 6,685,000 2003A General Government 04/01/03 02/01/11 2.67% 1,345,000 1,030,000 2003HS General Government 02/04/03 07/01/09 3.00% 200,000 110,000 2004B General Government 03/01/04 02/01/12 2.00 % - 3.15% 755,000 635,000 2004P General Government 10/15/04 11/05/06 3.00% 85,000 35,000 2005A General Government 03/01/05 02/01/13 3.08% 1,480,000 1,480,000 2005B General Government 03/01/05 02/01/21 3.63% 3,160,000 3,160,000 2005MZ General Government 03/08/05 03/08/08 5.00% 260,000 260,000 1998C Improvement Bonds 12/01/97 02/01/09 4.23% 665,000 260,000 2000A Improvement Bonds 04/01/00 02/01/10 4.30 % -5.15% 1,390,000 650,000 2004A Improvement Bonds 03/01/04 02/01/17 2.00 % - 3.80% 4,695,000 4,600,000 1998A Revenue 01/01/98 06/01/18 4.80% 4,610,000 2,890,000 2000D Revenue 04/01/00 06/01/20 5.00 % -5.75% 2,135,000 1,840,000 2005 C Revenue 04/01/03 06/01/18 3.39% 2,695,000 2,695,000 1993A Tax Increment 09/01/93 02/01/07 4.66% 1,000,000 205,000 2000F Tax Increment 11/15/00 02/01/07 4.40 % - 4.65% 2,265,000 830,000 2003B Tax Increment 04 /01/03 02/01/13 2.97% 3,435,000 2,805,000 Total General Obligation Bond Payable 47,035,000 35,400,000 Loans Payable State of Minnesota 02/24/00 01/31/11 N/A 1,100,000 605,000 State of Minnesota 08/26/02 01/31/13 N/A 850,000 637,500 Total Loans Payable 1,950,000 1,242,500 Total Long -Term Debt, Primary Government Governmental Activities 48,985,000 36,642,500 Component Unit: 2000B Revenue 04/01/00 02/01/15 4.00 % - 5.00% 1,330,000 880,000 Total Long -Term Debt - Reporting Entity $ 50,315,000 $ 37,522,500 Total $36,642,500 $11,525,593 $880,000 $232,453 $49,280,546 Primary Government Governmental Activities Component Unit Principal Interest Principal Interest Total Years ending December 31, 2006 $ 3,406,000 $ 1,240,592 $ 90,000 $ 43,863 $ 4,780,455 2007 3,955,000 1,389,836 90,000 39,408 5,474,244 2008 3,214,000 1,267,909 90,000 34,885 4,606,794 2009 3,225,000 1,170,664 90,000 30,318 4,515,982 2010 3,210,000 1,078,121 90,000 25,683 4,403,804 2011 - 2015 11,367,500 3,715,476 430,000 58,296 15,571,272 2016 - 2020 7,145,000 1,621,453 - - 8,766,453 2021 - 2022 1,120,000 41,542 1,161,542 CITY OF STILLWATER, MINNESOTA Notes to the Financial Statement (Continued) December 31, 2005 Minimum annual principal and interest payments required to retire Tong -term debt, including capital lease obligations, but not including compensated absences payable are as follows: The following is a schedule of changes in City indebtedness for the year ended December 31, 2005: NOTE 5 CONTRACTUAL COMMITMENTS Payable Payable Due Within 12/31/2004 Additions Retirements 12/31/2005 One Year Lona -term liabilities • Primary government: Govemmental activities General obligation bonds payable $31,285,000 $7,595,000 $ 3,480,000 $35,400,000 $3,211,000 Capital lease 223,534 - 223,534 Loans payable 1,437,500 195,000 1,242,500 195,000 Compensated absences 727,503 441,000 413,926 754,577 138,046 Governmental activities Long -term liabilities 33,673,537 8,036,000 4,312,460 37,397,077 3,544,046 Business -type activities Compensated absences 53,284 35,583 24,757 64,110 13,007 Total long -term liabilities - Primary government: $33,726,821 $8,071,583 $ 4,337,217 $37,461,187 $3,557,053 Component Unit: Bonds payable 970,000 - 90,000 880,000 90,000 Compensated absences 62,152 25,802 24,301 63,653 22,000 Total long -term liabilities - component unit 1,032,152 25,802 114,301 943,653 112,000 Total long -term liabilities $34,758,973 $8,097,385 $ 4,451,518 $38,404,840 $3,669,053 For the governmental activities, compensated absences are generally liquidated by the General Fund. During 2005, the City worked various capital improvement projects. The committed contract balance for these projects in process on December 31, 2005 was approximately $2,279,475. 62 • CITY OF STILLWATER, MINNESOTA Notes to the Financial Statement (Continued) December 31, 2005 NOTE 6 PENSION PLANS A. DEFINED BENEFIT PENSION PLANS Plan Description All full -time and certain part-time employees of the City of Stillwater 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) and the Public Employees Police and Fire Fund (PEFF) which are cost - sharing, multiple - employer retirement plans. This plan is established and administered in accordance with Minnesota Statutes, Chapter 353 and 356. 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_ All police officers, firefighters and peace officers who qualify for membership by statute are covered by the PEPFF. 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 defined 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 remaining year. The annuity accrual rate for a Coordinated Plan member is 1.2 percent of average salary for each of the first 10 years and 1.7 percent for each remaining 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. For PERF members hired prior to July 1, 1989 whose annuity is calculated using Method 1, a full annuity is available when age plus years of service equal 90. Normal retirement age is 65 for Basic and Coordinated members hired prior to July 1, 1989. Normal retirement age is the age for unreduced Social Security benefits capped at 66 for Coordinated members hired on or after July 1, 1989. A reduced retirement annuity is also available to eligible members seeking early retirement. There are different types of annuities available to members upon retirement. A normal 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. 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 #200, St. Paul, Minnesota, 55103 -2088 or by calling (651) 296 -7460 or 1- 800 - 652 -9026. 63 Funding Policy Plan Description CITY OF STILLWATER, MINNESOTA Notes to the Financial Statement (Continued) December 31, 2005 Minnesota Statutes Chapter 353 sets the rates for employer and employee contributions. These statutes are established and amended by the state legislature. The City 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 City 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 City's contributions to the Public Employees Retirement Fund for the years ending December 31, 2005, 2004, and 2003 were $173,764, $165,497, and $144,899, respectively. The City's contributions to the Public Employees Police & Fire Fund for the years ending December 31, 2005, 2004, and 2003 were $182,647, $165,538, and $161,454, respectively. The City's contributions were equal to the contractually required contributions for each year as set by state statute. The Board of Water Commission employees also participate in the Public Employees Retirement Fund. 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. B. DEFINED CONTRIBUTION PLAN Four council members of the City of Stillwater are covered by the Public Employees Defined Contribution Plan (PEDCP, a multiple- employer deferred compensation plan administered by the Public employees Retirement Association of Minnesota (PERA). The PEDCP is a tax qualified plan under Section 401(a) of the Internal Revenue Code and all contributions by or on behalf of employees are tax deferred until time of withdrawal. Plan benefits depend solely on amounts contributed to the plan plus investment earnings, less administrative expenses. Minnesota Statutes, Chapter 353D.03, specifies the employee and employer contribution rates for those qualified personnel who elect to participate. An eligible elected official who decides to participate contributes 5 percent of salary which is matched by the elected officials employer. Employer and employee contributions are combined and used to purchase shares in one or more of the seven accounts of the Minnesota Supplemental Investment Fund. For administering the plan, PERA receives 2 percent of employer contributions and four - tenths of the assets in each member's account annually. Contribution Amount Percentage of Covered Payroll Required Employee Employer Employee Employer Rates $ 1,454 $ 1,454 5.0% 5.0% 5.0% C. STILLWATER FIRE DEPARTMENT RELIEF ASSOCIATION The Stillwater Fire Department Relief Association (the Association) is the administrator of a single - employer defined benefit pension plan which operates under the provisions of Minnesota statutes Chapter 424A, as amended. The plan provides for retirement, disability, and death benefits to its plan members and their beneficiaries. Benefits are established by state statute. The Association is governed by a board of nine members: six board members are elected by the members of the Association, while the Stillwater mayor, city treasurer, and fire chief are ex- officio members of the Board of Trustees. Benefits are payable in a lump sum, based upon years of service, to eligible members of the Stillwater Fire Department Relief Association. At December 31, 2005, the benefit level was at $4,200 per year of service. 64 Funding Policy CITY OF STILLWATER, MINNESOTA Notes to the Financial Statement (Continued) December 31, 2005 The Stillwater Fire Department Relief Association issues a publicly available financial report that includes the financial statements for the organization. That report may be obtained by contacting the Fire Department at the City of Stillwater. Minnesota statutes specify minimum contributions that may be required from the City on an annual basis. These minimum contributions are determined based on the amount required to meet normal cost plus amortizing any prior year's service cost over a ten -year period. A contribution was not required from the City for the year ended December 31, 2005. The Stillwater Fire Department Relief Association also received funding from the Minnesota two percent fire premium tax. The City receives the contribution and is required by state statute to pass this through as payment to the Association. This transaction is recorded as a revenue and an expenditure in the City's financial statements. Investment earnings also add to the resources available for benefits. Annual Pension Cost and Net Pension Obligation The City's annual pension cost and net pension obligation, as calculated by state statutes, for the year ended December 31, 2005, were as follows: Annual Required Contribution Interest on Net Pension Obligation Adjustment to Annual Required Contribution Annual Pension Cost Contributions Made Increase (Decrease) in Net Pension Obligation Net Pension Obligation - Beginning of Year Net Pension Obligation - End of Year The Relief Association calculates its pension obligations in accordance with State Statutes, which do require an actuarial valuation. The City's net pension obligation for the Association for the years ended December 31, 2005, 2004 and 2003 are as follows: 2005 2004 2003 Annual Pension Cost (APC) $162,719 $164,408 $126,454 Percentage of APC Contributed 100% 100% 100% Net Pension Obligation N/A N/A N/A Membership of the Association at December 31, 2005, was comprised of the following: Terminated Members Entitled to Benefits But Have Not Yet Received Them 9 Active Plan Participants Vested 10 Partially Vested 16 Non - Vested 5 Total 40 Contributions Required and Contributions Made The City makes contributions to the Association annually in an amount equal to the Fire Aid received from the State of Minnesota. The City of Stillwater is required to make additional contributions to the Association in the following year if the following year's anticipated administrative expenses plus the anticipated increase in the required reserves plus amortization of the original unfunded accrued liability exceeds the anticipated revenues. The City was not required to may any contributions in excess of the Fire Aid for 2005, 2004 and 65 $ 162,719 162,719 162,719 2003. The contributions made by the City to the Association for 2005, 2004, and 2003 were $162,719, $164,408, and $126,454, respectively. Related Party Investments As of December 31, 2005 and for the year then ended, the Association held no securities issues by the City or other related parties. NOTE 7 POST EMPLOYMENT HEALTH CARE BENEFITS Pursuant to the various union contracts and the personnel policy, the City provides certain health care benefits for retired employees until their death. Substantially all of the City's employees hired before December 31, 1988 may become eligible for those benefits if they reach normal retirement age while working for the City. The cost of retiree health care benefits is recognized as an expenditure as claims are paid. In 2005, those costs totaled approximately $324,984 and there were 43 participants eligible for benefits in 2005. NOTE 8 STEWARDSHIP COMPLIANCE AND ACCOUNTABILITY Expenditures in Excess of Budget Actual expenditures exceeded 2005 budgets in the following fund: NOTE 9 Budget Actual St. Croix Valley Recreation Center Fund $ 1,050,424 $ 1,077,870 Expenditures in the St. Croix Valley Recreation Center fund exceed appropriations by $27,446 primarily as a result of user activity and revenues exceeding budget 13% ($152,046). These additional revenues allowed the fund to incur additional program expenditures but the budget was not amended to reflect a higher level of activity than originally anticipated. AR related expenditures were approved by the City Council. Deficit Fund Equity On December 31, 2005, the following funds had a deficit equity. Signs & Lighting Fund CITY OF STILLWATER, MINNESOTA Notes to the Financial Statement (Continued) December 31, 2005 Amount $ 110,688 The Signs and Lighting fund equity deficit will be eliminated with future service charge receipts. RESERVATIONS AND DESIGNATIONS OF FUND BALANCE At December 31, 2005, the City had reserved or designated portions of its fund balance through legal restrictions, city Council action, policy and /or intent. The following is a summary of the reservations and designations: General Fund: Reserved for prepaid items $ 85,527 Designated for compensated absences 733,042 Special Revenue Fund: Reserved for prepaid items 8,499 Debt Service Funds: Reserved for debt retirement 11,374,340 Capital Proiects Funds: Reserved for advance to other funds 520,588 Reserved for TIF related projects 1,448,664 Reserved for capital improvements 11,756,482 66 NOTE 10 CONTINGENCIES Federal and State Funds - The City receives financial assistance from federal and state governmental agencies in the form of grants. The disbursement of funds received under these programs generally requires compliance with the terms and conditions specified in the grant agreements and are subject to audit by the grantor agencies. Any disallowed claims resulting from such audits could become a liability of the applicable fund. However, in the opinion of management, any such disallowed claims will not have a material effect on any of the financial statements of the individual fund types included herein or on the overall financial position of the City at December 31, 2005. Litigation - The City attorney has indicated that existing and pending lawsuits, claims and other actions in which the City is a defendant are either covered by insurance; of an immaterial amount; or, in the judgement of the City attorney, remotely recoverable by plaintiffs. NOTE 11 INTERFUND RECEIVABLES AND PAYABLES Individual fund receivable and payable balances at December 31, 2005 are as follows: Interfund Receivable General Capital Projects Capital Projects Total Advances to Other Funds Capital Projects Due from Primary Government Board of Water Commission Board of Water Commission Total The interfund receivable /payable balances represent the elimination of negative cash balances within the interfund payable fund. Advance to /from other funds represents a cash advance to the TIF Districts for project start-up costs. The Interfund balance due to the component unit reflects fund held by the City for repayment of debt and funds collected by the City for the component unit. NOTE 12 INTERFUND TRANSFERS Funds are transferred from one fund to support expenditures of other funds in accordance with authority established for the individual fund. Transfers between individual major funds, and nonmajor governmental funds in the aggregate fund types during the year ended December 31, 2005 were as follows: Transfers Out General Fund St. Croix Valley Recreation Center Debt Service Capital Projects TIF Districts Other Nonmajor CITY OF STILLWATER, MINNESOTA Notes to the Financial Statement (Continued) December 31, 2005 Interfund Payable Special Events Miscellaneous Grants Signs & Lighting Advances from Other Funds TIF Districts Due to Component Unit Capital Projects Sanitary Sewer 67 Transfers In St. Croix Valley General Recreation Debt Fund Center Library Parks Service $ - $ - $ 883,901 $ 630,758 $ 187,406 607,009 23,430 60,656 288,272 347,666 1,013,508 Governmental Funds - - - - Totals $ 607,009 $ 23,430 $ 944,557 $ 919,030 $ 1,548,580 Amount $ 14,158 $244,489 120,236 $378,883 Amount $520,588 Amount $105,295 5,643 $110,938 Capital TIF Projects Districts - $ 635,932 Other Nonmajor Funds Totals $ 21,750 $ 2,172,341 187,406 38,550 78,820 - 117,370 1,350 - 7,758 1,336,141 1,013,508 2,225 - 2,225 $ 678,057 $ 78,820 $ 29,508 $ 4,828,991 NOTE 13 TAX INCREMENT FINANCING AUTHORITY The City is the administering authority for the following tax increment financing districts: Development District #1. Tax Increment District #1, Downtown and Industrial Park scattered sites The District is a redevelopment district authorized by Minnesota Statutes Chapter 472 -A. It was established in 1985 and will have a 25 year duration upon receipt of the first tax increment. Additional information is as follows: Current tax capacity Original tax capacity Captured tax capacity Retained by authority Fiscal disparity deduction Total bonds issued and outstanding at December 31, 2005 First tax increment receipt Date of required decertification CITY OF STILLWATER, MINNESOTA Notes to the Financial Statement (Continued) December 31, 2005 $ 1,363,322 270,183 1,093,139 734,590 358,549 830,000 1996 December 31, 2011 Development District #1, Tax Increment District #4, Woodland Lakes Project The District is a redevelopment district authorized by Minnesota Statutes Chapter 472 -A. It was established in 1986 and will have a 25 year duration upon receipt of the first tax increment. Additional information is as follows: Current tax capacity Original tax capacity $ 674,410 2,267 Captured tax capacity retained by authority 672,143 Total bonds issued and outstanding at December 31, 2005 2,805,000 First tax increment receipt 1987 Date of required decertification December 31, 2012 Development District # 1, Tax Increment District #6, Jr. High The District is a redevelopment district authorized by Minnesota Statutes Chapter 469. It was established in 1993 and will have a 25 year duration upon receipt of the first tax increment. Additional information is as follows: Current tax capacity $ 90,364 Original tax capacity 3 Captured tax capacity retained by authority 90,361 Total bonds issued and outstanding at December 31, 2005 205,000 68 • Current tax capacity Original tax capacity Current tax capacity Original tax capacity Current tax capacity Original tax capacity CITY OF STILLWATER, MINNESOTA Notes to the Financial Statement (Continued) December 31, 2005 First tax increment receipt 1995 Date of required decertification December 31, 2019 Development District #2, Tax Increment District #8, ANCHOBAYPRO, Inc. The District is a housing district authorized by Minnesota Statutes Chapter 469. It was established in 2000 and will have a 25 year duration upon receipt of the first tax increment. Additional information is a follows: $ 110,565 14,836 Captured tax capacity 95,729 First tax increment receipt 2002 Date of required decertification December 31, 2027 Development District #1. Tax Increment District #9, Curve Crest Villas This District is a housing district authorized by Minnesota Statutes Chapter 469. It was established in 2002 and will have a 25 -year duration upon receipt of the first tax increment. Additional information is as follows: $ 92,500 2,661 Captured tax capacity 89,839 First tax increment receipt 2004 Date of required decertification December 1, 2029 Development District #1. Tax Increment District #10. Scattered Site Housina Projects The District is a redevelopment district authorized by Minnesota Statutes Chapter 469. It was established in 2004 and will have a 25 year duration upon receipt of the first tax increment. Additional information is a follows: 69 $ 123,222 102,792 Captured tax capacity 20,430 First tax increment receipt 2004 Date of required decertification December 31, 2030 NOTE 14 RISK MANAGEMENT The City is exposed to various risks of loss related to: torts; theft of, damage to and destruction of City assets; errors and omissions; injuries to employees; and natural disasters. The City has entered into a joint powers agreement with the League of Minnesota Cities Insurance Trust (LMCIT) to protect the City in the event of loss. The LMCIT is a public entity risk pool currently operating as a common risk management and insurance program for Minnesota cities. The agreement for formation of the LMCIT provides that the pool will be self- sustaining through member premiums and will reinsure through commercial companies for claims in excess of reserved amounts for each insured event. The pool can make additional assessments to make the pool self- sustaining. The City has determined that it is not possible to estimate the amount of such additional assessments, if any; however, they are not expected to be material to these financial statements. There have been no significant reductions in insurance coverage during 2005 and settlements have not exceeded insurance coverage during the current year and prior three years. The State of Minnesota mandates and regulated workers' compensation insurance and the City of Stillwater also purchased this required coverage from the LMCIT. Component Unit CITY OF STILLWATER, MINNESOTA Notes to the Financial Statement (Continued) December 31, 2005 The Board of Water Commission is exposed to various risks of loss related to: torts; theft of, damage to and destruction of City assets; errors and omissions; injuries to employees; and natural disasters for which the Board of Water Commission carried commercial insurance. There have been no significant reductions in insurance compared to the prior year, and settlement amounts have not exceeded insurance coverage for the current year or the three prior years. NOTE 15 CONDUIT DEBT OBLIGATIONS The City has authorized the issuance of the following conduit debt obligations: Type Multi- family Housing Revenue Refunding Taxable Multi - family Housing Refunding Multi - family Housing Revenue Refunding Variable Rate Demand Private School Facility Revenue Variable Rate Demand Multi - family Housing Revenue Minnesota Health Care Revenue Total NOTE 16 SUBSEQUENT EVENTS Award Issue Outstanding Date Amount 12/31/2005 11/19/1996 1,740,000 $ 1,580,000 11/19/1996 385,000 305,000 11/19/1996 2,550,000 2,265,000 12/5/2000 3,155,000 3,120,000 6/4/2002 6/1/2005 These bonds are secured by the property financed and are payable solely from pledged revenues in accordance with the terms of the indenture. The bonds do not constitute a debt or indebtedness of the City or a charge against the general credit or taxing powers of the City. The bonds do not constitute indebtedness, pecuniary liability, general or moral obligation or pledge of faith or credit or any taxing power. Accordingly, these bonds have not been included or reported in the accompanying financial statements. Subsequent to December 31, 2005, the City Council authorized the issuance and public sale of $6,400,000 General Obligation Capital Outlay Bonds, Series 2006A. These bonds were issued on and dated February 1, 2006. 70 7,880,000 7,880,000 30,000,000 30,000,000 $ 45,150,000 • • • Combining and Individual Fund Financial Statements • • • Nonmajor Governmental Funds Special Revenue Funds Special revenue funds are used to account for specific revenues that are restricted to expenditures for a particular purpose. Special Events Fund — to account for special events held within the City and sponsored by City civic organizations. Financing is primarily from the General fund and service charges. Library Donations Fund — to account for fund received specifically used for library functions that are not part of the library operating budget. Park Dedication Fund — to account for fees paid by developers and legally restricted to capital outlay for City parks. Park Maintenance Fund — to account for fees paid by developers for the maintenance of parks within the development area. Public Safety Programs Fund — to account for funds received for the City's public safety programs. Affordable Housing Fund — to account for funds received for the City's affordable housing program. Washington County Recycling Grant Fund — to account for funds received from Washington County to fund the recycling fund within the City. Miscellaneous Grants Fund — to account for grant funds received used to fund various projects /services within the City. ASSETS Cash and pooled investments Accrued interest receivable Accounts receivable Due from other governments Total Assets LIABILITIES AND FUND BALANCE Liabilities: Accounts payable Due to other governments Interfund payable Total Liabilities CITY OF STILLWATER COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS December 31, 2005 Special Library Park Park Events Donations Dedication Maintenance $ - $ 112,866 $ 235,759 $ 125,479 762 1,302 203 20,690 200 - - 20,690 113,828 1,750 14,158 15,908 74 Special Revenue 3,401 3,401 237,061 125,682 Fund balance: Unreserved reported in: Undesignated: Special Revenue Funds 4,782 110,427 237,061 125,682 Total fund balance 4,782 110,427 237,061 125,682 Total liabilities and fund balance $ 20,690 $ 113,828 $ 237,061 $ 125,682 • • • Special Revenue Total Washington Nonmajor Public Safety Affordable County Miscellaneous Governmental Programs Housing Recycling Grant Grants Funds $ 99,997 $ - $ 80,960 $ - $ 655,061 700 - 472 - 3,439 650 - - 21,540 - - 248,955 248,955 101,347 81,432 248,955 928,995 1,927 - 8,210 - 13,538 - - - - 1,750 - - 244,489 258,647 1,927 - 8,210 244,489 273,935 99,420 - 73,222 4,466 655,060 99,420 - 73,222 4,466 655,060 $ 101,347 $ - $ 81,432 $ 248,955 $ 928,995 REVENUES Intergovernmental Charges for services Fines and forfeits Interest Donations Miscellaneous Total revenues EXPENDITURES Current: General government Public safety Public works Culture and recreation Economic development Capital Outlay Total expenditures Excess (deficiency) of revenues over expenditures OTHER FINANCING SOURCES (USES) Transfers in Transfers out Sale of property Debt issuance Total other financing sources (uses) Net change in fund balance Fund balance - January 1 Fund balance- December 31 CITY OF STILLWATER, MINNESOTA COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE • NONMAJOR GOVERNMENTAL FUNDS Year Ended December 31, 2005 Special Events 76 30,690 30,690 48,423 48,423 (17,733) 17,750 17,750 17 Special Revenue Library Donations 2,565 7,683 10,248 6,339 6,339 3,909 3,909 Park Dedication 4,372 53,100 57,472 57,472 4,765 106,518 179,589 $ 4,782 $ 110,427 $ 237,061 Park Maintenance 682 125,000 125,682 125,682 57,472 125,682 $ 125,682 • • • • • Special Revenue Total Washington Nonmajor Public Safety Affordable County Miscellaneous Governmental Programs Housing Recycling Grant Grants Funds $ - $ $ 36,926 $ 490,696 $ 527,622 6,563 6,563 20,916 20,916 2,353 1,587 11,559 5,675 13,358 1,341 - 2,846 212,977 30,285 38,513 500,105 792,995 625 625 7,440 23,465 30,905 60,000 23,465 96,963 180,428 388,439 443,201 138,042 138,042 22,598 512,455 535,053 30,038 60,000 23,465 1,159,989 1,328,254 247 (60,000) 15,048 (659,884) (535,259) 4,000 7,758 29,508 (2,225) (2,225) 3,751 413,086 416,837 260,000 260,000 7,751 (2,225) 680,844 704,120 7,998 (62,225) 15,048 20,960 168,861 91,422 62,225 58,174 (16,494) 486,199 $ 99,420 $ $ 73,222 $ 4,466 $ 655,060 CITY OF STILLWATER, MINNESOTA SPECIAL EVENTS FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL Year Ended December 31, 2005 Budgeted Variance with Amounts Final Budget Original and Positive Final Actual Amounts (Negative) REVENUES Donations $ 10,000 $ $ (10,000) Miscellaneous 32,500 30,690 (1,810) Total revenues 42,500 30,690 (11,810) EXPENDITURES Current: Culture and recreation 60,250 48,423 11,827 Excess (deficiency) of revenues over expenditures (17,750) (17,733) 17 OTHER FINANCING SOURCES (USES) Transfers in 17,750 17,750 Net change in fund balance $ - 17 $ 17 Fund balance - January 1 Fund balance - December 31 78 4,765 $ 4,782 • • • WASHINGTON COUNTY RECYCLING GRANT FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL Year Ended December 31, 2005 REVENUES Intergovernmental $ 50,000 $ 36,926 $ (13,074) Interest - 1,587 1,587 Total revenues 50,000 38,513 (11 ,487) EXPENDITURES Current: Public Works Excess (deficiency) of revenues over expenditures $ - 15,048 $ 15,048 Fund balance- January 1 Fund balance- December 31 CITY OF STILLWATER, MINNESOTA Budgeted Variance with Amounts Final Budget Original and Positive Final Actual Amounts (Negative) 79 50,000 58,174 $ 73,222 23,465 26,535 CITY OF STILLWATER, MINNESOTA STATEMENT OF CHANGES IN ASSETS AND LIABILITIES FIDUCIARY FUNDS December 31, 2005 Balance Balance January 1, December 31, 2005 Additions Deductions 2005 ASSETS Cash and pooled investments $ 1,209,138 $ 116,815 $ 1,123,664 $ 202,289 Total Assets $ 1,209,138 $ 116,815 $ 1,123,664 $ 202,289 LIABILITIES Accounts payable Total Liabilities $ 1,209,138 $ 116,815 $ 1,123,664 $ 202,289 $ 1,209,138 $ 116,815 $ 1,123,664 $ 202,289 80 • • • • • • Other Supplementary Information Mcluer- Hollis R. Doctor H. Minerva Webster Murdock Van Meier Library Library Library Library ASSETS Cash and pooled investments $ 79,417 $ 54 $ 2,631 $ 1,425 Accrued interest receivable 552 18 10 Accounts receivable Total Assets 79,969 54 2,649 1,435 LIABILITIES AND FUND BALANCE Liabilities: Accounts payable Total Liabilities Fund balance: Unreserved reported in: Undesignated: Special Revenue Funds Total fund balance CITY OF STILLWATER, MINNESOTA SCHEDULE OF SPECIAL REVENUE FUND - LIBRARY DONATIONS FUND BALANCE SHEET December 31, 2005 373 373 79,596 79,596 Total liabilities and fund balance $ 79,969 $ 82 54 2,649 1,435 54 2,649 1,435 54 $ 2,649 $ 1,435 • • • Total Marvel Miscellaneous Library Old Donations Donations $ 1,299 $ 28,040 $ 112,866 9 173 762 - 200 200 1,308 28,413 113,828 3,028 3,401 3,028 3,401 1,308 25,385 110,427 1,308 25,385 110,427 $ 1,308 $ 28,413 $ 113,828 83 CITY OF STILLWATER, MINNESOTA SCHEDULE OF SPECIAL REVENUE FUND - LIBRARY DONATIONS FUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE Year Ended December 31, 2005 Mcluer- Hollis R. Doctor H. Minerva Webster Murdock Van Meier Library Library Library Library REVENUES Interest $ 1,856 $ 1 $ 61 $ 33 Donations - Total revenues 1,856 1 61 33 EXPENDITURES Supplies 1,100 - - 103 Net change in fund balance 756 1 61 (70) Fund balance, January 1 78,840 53 2,588 1,505 Fund balance, December 31 $ 79,596 $ 54 $ 2,649 $ 1,435 84 • • • Total Marvel Miscellaneous Library Old Donations Donations $ 30 $ 584 $ 2,565 7,683 7,683 30 8,267 10,248 - 5,136 6,339 30 3,131 3,909 1,278 22,254 106,518 $ 1,308 $ 25,385 $ 110,427 85 ASSETS Cash and pooled investments $ 1,826,379 Accrued interest receivable 11,660 Account receivable Taxes receivable Sepcial assessment receivable Due from other governments Interfund receivable Advance to other funds Total Assets Fund balance: Reserved for: Capital projects Unreserved reported in: Undesignated: Capital Project Funds Total fund balance CITY OF STILLWATER, MINNESOTA SCHEDULE OF CAPITAL PROJECTS FUND BALANCE SHEET December 31, 2005 Total Library Construction/ Remodel 1,838,039 LIABILITIES AND FUND BALANCE Liabilities: Accounts payable 57,006 Contracts payable 546,011 Due to other governments Due to component unit Deposits payable Deferred revenue Total Liabilities 603,017 1,235,022 1,235,022 Total liabilities and fund balance $ 1,838,039 86 Other Capital Projects/ Acquisitions $ 10,465,945 81,105 50,592 2,530 1,285,549 505,284 364,725 520,588 13,276,318 82,711 257,655 74 105,295 3,000 1,785,535 2,234,270 10,872,505 169,543 11,042,048 $ 13,276,318 Total Capital Projects $ 12,292,324 92,765 50,592 2,530 1,285,549 505,284 364,725 520,588 15,114,357 139,717 803,666 74 105,295 3,000 1,785,535 2,837,287 12,107,527 169,543 12,277,070 $ 15,114,357 • • • REVENUES Special assessments Intergovernmental Interest Donations Miscellaneous Total revenues EXPENDITURES Current: Public works Economic development Capital Outlay Debt Service: Bond issuance fees Total expenditures Excess (deficiency) of revenues over expenditures CITY OF STILLWATER, MINNESOTA SCHEDULE OF CAPITAL PROJECTS FUND REVENUES. EXPENDITURES, AND CHANGES IN FUND BALANCE Year Ended December 31, 2005 Total Library Other Total Construction/ Capital Projects/ Capital Remodel Acquisitions Projects $ $ 492,529 $ 492,529 - 1,821,642 1,821,642 39,165 274,746 313,911 1,262,186 (2,020) 1,260,166 25,000 - 25,000 1,326,351 2,586,897 3,913,248 46,000 3,777 49,777 - 198,070 198,070 1,612,826 2,780,163 4,392,989 - 27,265 27,265 1,658,826 3,009,275 4,668,101 (332,475) (422,378) (754,853) OTHER FINANCING SOURCES (USES) Transfers in - 678,057 678,057 Transfers (out) (1,336,141) (1,336,141) Sale of property - 225,000 225,000 Bond proceeds - 1,468,152 1,468,152 Premium on issued debt - 7,407 7,407 Total other financing sources (uses) - 1,042,475 1,042,475 Net change in fund balance (332,475) 620,097 287,622 Fund balance - January 1 1,567,497 10,421,951 11,989,448 Fund balance - December 31 $ 1,235,022 $ 11,042,048 $ 12,277,070 87 • • • This part of the City of Stillwater's comprehensive annual financial report presents detailed information as a context for understanding what the information in the financial statements, note disclosures, and required supplementary information says about the City's overall financial health. Contents Financial Trends STATISTICAL SECTION These schedules contain trend information to help the reader understand how the City's financial performance and well -being have changed over time. 91 Revenue Capacity These schedules contain information to help the reader assess the City's most significant local revenue source, the property tax. 98 Debt Capacity These schedules present information to help the reader assess the affordability of the City's current levels of outstanding debt and the City's ability to issue additional debt in the future. Demographic and Economic Information Operating Information These schedules contain service and infrastructure data to help the reader understand how the information is the City's financial report relates to the services the City provides and the activities it performs. Page 108 These schedules offer demographic and economic indicators to help the reader understand the environment within which the City's financial activities take place. 114 117 Sources: Unless otherwise noted, the information in these schedules is derived from the comprehensive financial reports for the relevant year. Governmental activities Invested in capital assets, net of related debt Restricted Unrestricted Total governmental activities net assets Business -type activities Invested in capital assets, net of related debt Unrestricted Total business -type activities net assets Primary Government Invested in capital assets, net of related debt Restricted Unrestricted Total primary government net assets CITY OF STILLWATER NET ASSETS BY COMPONENT, LAST THREE FISCAL YEARS (accrual basis of accounting) 91 2003 $ 24,419,145 6,897,060 14,877,531 $ 46,193,736 $ 54,818,859 $ 7,121,590 $ 7,493,098 2,208,070 2,034,217 $ 9,329,660 $ 9,527,315 $ 31,540,735 6,897,060 17,085,601 Fiscal Year 2004 $ 35,170,281 6,976,651 12, 671, 927 $ 42,663,379 6,976,651 14,706,144 $ 55,523,396 $ 64,346,174 2005 $ 34,694,981 12,474,709 14,235,251 $ 61,404,941 $ 7,501,561 2,097,327 $ 9,598,888 $ 42,196,542 12,474,709 16,332,578 $ 71,003,829 Note: The City began to report accrual information when it implemented GASB 34 in fiscal year 2003. • • • Expenses Governmental activities: General government Public Safety Public Works Culture and recreation Economic development Interest on long -term debt Total governmental activities expenses Business -type activities: Sanitary Sewer Storm Sewer Signs & Lighting Parking Total business -type activities Total primary government expenses Program Revenues Governmental activities: Charges for services: General government Public Safety Public Works Culture and recreation Economic development Operating grants and contributions Capital grants and contributions Total governmental activities program reveni Business -type activities: Charges for services: Sanitary Sewer Storm Sewer Signs & Lighting Parking Capital grants and contributions Total business -type activities program revent Total primary government program revenues Net (Expense) /Revenue Governmental activities Business -type activities Total primary government net expense CITY OF STILLWATER CHANGES IN NET ASSETS, LAST THREE FISCAL YEARS (accrual basis of accounting) $ 2,369,563 3,258,016 1,877,155 3,327,104 1,241,398 1,317,978 13,391,214 1,834,194 114,598 102,532 162,518 2,213,842 $ 15,605,056 $ 302,714 1,371,613 207,377 1,328,294 500,574 924,471 2,501,157 7,136,200 1,622,262 199,067 172,500 266,063 112,400 2,372,292 $ 9,508,492 $ (6,255,014) $ (2,063,636) $ (5,949,293) 158,450 408,346 12,761 $ (6,096,564) $ (1,655,290) $ (5,936,532) 92 2003 Fiscal Year 2004 $ 2,437,293 3,583,761 2,124,007 3,182,802 543,520 1,333,700 13,205,083 1,793,299 147,019 311,472 172,822 2,424,612 $ 15,629,695 $ 354,642 1,262,588 918,593 1,296,522 582,921 837,778 5,888,403 11,141,447 1,707,382 206,805 349,980 251,713 317,078 2,832,958 $ 13,974,405 2005 $ 2,633,106 3,875,718 2,297,706 3,541,296 1,905,474 1,384,027 15,637,327 1,927,353 202,178 312,366 178,395 2,620,292 $ 18,257,619 $ 409,331 1,614,188 24,273 1,410,541 1,848,733 4,380,968 9,688,034 1,797,054 210,708 357,612 244,079 23,600 2,633,053 $ 12,321,087 • o • CITY OF STILLWATER CHANGES IN NET ASSETS, LAST THREE FISCAL YEARS (Continued) (accrual basis of accounting) 2003 General Revenues and Other Changes in Net Assets Governmental activities: Taxes Property taxes $ 6,603,957 Tax increment 1,802,514 Franchise taxes 33,556 Unrestricted grants and contributions 687,610 Unrestricted investment earnings 276,842 Gain on sale of capital assets 1,220,831 Extraordinary item 2,199,500 Transfers 30,000 Total governmental activities 12,854,810 Business -type activities: Unrestricted investment earnings 48,345 Transfers (30,000) Total business -type activities 18,345 Total primary government $ 12,873,155 Change in Net Assets Governmental activities Business -type activities Total primary government $ 6,599,796 176,795 $ 6,776,591 Fiscal Year 2004 $ 7,313,791 1,800,549 398,121 672,611 388,619 21,592 93,476 10,688,759 54,309 (265,000) (210,691) $ 10,478,068 $ 8,625,123 197,655 $ 8,822,778 2005 $ 8,899,482 1,634,454 404,448 971,765 614,523 41,646 Note: The City began to report accrual information when it implemented GASB 34 in fiscal year 2003. 12,566,318 58,812 58,812 $ 12,625,130 $ 6,586,082 71,573 $ 6,657,655 CITY OF STILLWATER FUND BALANCES, GOVERNMENTAL FUNDS, LAST TEN FISCAL YEARS (modified accrual basis of accounting) 1996 94 Fiscal Year 1997 -- 1998 1999 General Fund Reserved $ - $ - $ - $ - Unreserved 2,540,422 2,173,978 2,576,281 2,863,574 Total general fund $ 2,540,422 $ 2,173,978 $ 2,576,281 $ 2,863,574 All other Governmental Funds Reserved reported in: Special revenue funds $ - $ - $ - $ Debt service funds 7,382,171 7,786,367 8,230,852 7,944,130 Capital project funds 3,962,438 3,967,708 5,514,904 4,226,388 Unreserved reported in: Special revenue funds 495,369 515,364 482,885 625,058 Total all other governmental funds $ 11,839,978 $ 12,269,439 $ 14,228,641 $ 12,795,576 • • • Fiscal Year 2000 2001 2002 2003 $ - $ 1 8,425 $ 66,183 $ 80,725 $ 70,457 $ 85,527 2,949,733 3,003,499 3,026,319 3,011,777 3,289,295 3,584,036 $ 2,949,733 $ 3,021,924 $ 3,092,502 $ 3,092,502 $ 3,359,752 $ 3,669,563 $ - $ - $ - $ 300,347 10,282,290 5,289,330 6,420,104 5,859,923 7,415,163 6,241,281 7,644,501 8,428,972 519,895 934,790 1,385,336 1,586,808 $ 18,217,348 $ 12,465,401 $ 15,449,941 $ 16,176,050 2004 $ 1,574,674 5,970,718 12,593,425 1,601,377 $ 21,740,194 2005 $ 8,499 11,374,340 13,725,734 1,908,283 $ 27,016,856 Revenues Taxes: Property taxes Tax increment Franchise taxes Licenses and permits Special assessments Intergovernmental Charges for services Fines and forfeits Interest Donations Miscellaneous Total revenues Expenditures General government Public safety Public works Culture and recreation Economic development Capital outlay Debt Service Principal Interest Other Total expenditures Excess (deficiency) of revenues over expenditures Other Financing Sources' (Uses) Proceeds from borrowing Transfers in Transfer (out) Sale of property Payment on refunded debt Insurance settlement Total other financing sources (uses) Net change in fund balances CITY OF STILLWATER CHANGES IN FUND BALANCES, GOVERNMENTAL FUNDS, LAST TEN FISCAL YEARS (modified accrual basis of accounting) 1996 $ 3,604,106 1,764,020 273,292 1,442,969 3,196,361 613,396 150,498 822,189 48,329 422,935 12,338,095 2,215,849 2,425,171 1,137,236 980,005 703,996 6,889,765 3,387,675 1,183,110 57,730 18,980,537 (6,642,442) 7,124,740 $ 482,298 Debt service as a percentage of noncapital expenditures 38.3% 96 Fiscal Year 1997 1998 $ 3,913,039 1,804,406 266,858 1,137,940 3,81 1,171 639,257 140,673 685,842 1,005,593 693,801 14,098,580 2,024,123 2,538,845 1,417,841 1,064,827 469,852 3,936,890 2,140,000 1,420,704 5,728 15,018,810 (920,230) 7,658,838 1,092,848 3,793,576 4,979,063 (3,882,674) (5,088,663) 983,248 32.2% $ 4,167,341 1,897,707 296,194 1,250,256 3,258,168 1,028,206 181,676 799,333 414,409 306,502 13,599,792 1,954,326 2,832,934 1,289,187 1,426,575 1,242,260 6,799,595 2,485,000 1,455,722 26,253 19,511,852 (5,912,060) 7,722,349 3,214,045 (3,297,983) 652,143 (445,000) 8,290,554 31.2% 1999 $ 4,275,426 1,661,460 385,293 1,653,790 4,584,074 1,746,363 186,981 757,772 269,371 321,642 15,842,172 2,327,820 2,753,729 0 1,354,782 1,842,743 278,938 3,675,154 3,100,000 1,420,071 11,345 16,764,582 (922,410) 3,496,541 (3,719,903) (223,362) $ 63,018 $ 2,378,494 $ (1,145,772) 34.6% • • Fiscal Year 2000 2001 2002 2003 2004 2005 $ 4,295,368 1,740,935 576,281 1,413,254 2,649,331 2,173,081 130,007 1,097,792 144,564 205,926 14,426,539 1,745,312 2,951,855 1,442,466 2,091,886 296,438 4,561,603 2,535,000 1,402,333 134,428 17,161,321 (2,734,782) 8,175,000 3,954,339 (3,965,184) 27,124 8,191,279 $ 5,456,497 $ 4,710,537 1,900,529 652,644 866,049 3,275,668 2,165,434 135,800 744,109 133,349 776,896 15,361,015 2,274,384 3,124,762 1,625,908 2,220,754 232,789 3,783,195 3,813,335 1,499,588 41,890 18,616,605 (3,255,590) 4,726,733 (4,726,733) 115,834 (2,540,000) (2,424,166) $ (5,679,756) 32.3% 36.1% $ 5,413,887 1,298,683 748,800 1,169,295 2,797,207 2,409,358 116,793 444,082 548,987 1,372,374 16,319,466 2,689,417 3,054,775 1,537,082 2,296,612 305,985 8,102,534 2,998,333 1,400,311 63,191 22,448,240 (6,128,774) 9,340,268 4,094,539 (4,244,539) 23,409 9,213,677 $ 3,084,903 $ 6,132,434 1,742,100 33,556 691,822 954,720 2,605,191 3,212,248 133,379 337,695 622,680 327,114 1 6,792,939 2,109,618 3,061,201 1,460,320 2,657,482 1,241,398 5,554,558 3,324,209 1,399,137 99,543 20,907,466 (4,114,527) 5,000,053 3,600,065 (3,570,065) 926,298 (3,345,000) 2,199,500 4,810,851 $ 696,324 $ 6,817,566 1,760,946 398,121 647,908 1,337,233 2,818,213 4,171,166 129,275 452,721 1,473,903 1,073,143 21,080,195 2,110,845 3,240,082 1,380,505 2,454,138 622,226 7,291,363 3,553,357 1,327,848 108,669 22,089,033 (1,008,838) 5,545,248 4,587,456 (4,322,456) 1,029,984 6,840,232 $ 5,831,394 $ 7,940,517 1,623,139 404,448 942,302 1,066,000 4,235,289 2,484,394 127,690 614,334 1,348,787 466,731 21,253,631 2,336,422 3,604,240 1,669,809 3,002,849 1,811,330 6,077,211 3,898,534 1,345,237 186,869 23,932,501 (2,678,870) 7,607,250 4,828,991 (4,828,991) 658,093 8,265,343 $ 5,586,473 31.1% 31.4% 33.7% 30,4% CITY OF STILLWATER, MINNESOTA ASSESSED AND ESTIMATED ACTUAL VALUE OF PROPERTY, LAST TEN FISCAL YEARS Real Property Personal Property Estimated Estimated Payable Market Net Tax Market Net Tax Year Value Capacity (1) Value Capacity • 1996 $ 597,878,100 $ 11,393,297 $ 7,148,400 $ 326,503 1 997 638,333,700 12,338,176 7,448,100 340,718 1998 697,090,600 12,405,405 7,740,500 308,081 1999 736,086,100 11,992,164 7,994,100 278,551 2000 805,585,700 13,016,251 8,292,900 281,708 2001 885,854,000 14,394,149 8,538,100 290,045 2002 1,026,719,800 12,006,624 9,026,800 180,411 2003 1,207,033,300 14,082,742 9,384,700 1 87,569 2004 1,371,613,600 15,834,619 9,483,000 189,535 2005 1,585,050,100 18,150,417 9,947,000 198,815 Source: Washington County, Minnesota Assessors' Office • Notes: (1) The tax capacity (assessed taxable value) of the property is calculated by applying a statutory formula to the estimated market value of the property. 98 • • • Total Estimated Net Tax Capacity Market Net Tax as a Percentage Value Capacity of Market Value $ 605,026,500 $ 11,719,800 645,781,800 12,678,894 704,831,100 12,713,486 744,080,200 12,270,715 813,878,600 13,297,959 894,392,100 14,684,194 1,035,746,600 12,187,035 1,216,418,000 14,270,311 1,381,096,600 16,024,154 1,594,997,100 18,349,232 1.94% 1.96% 1.80% 1.65% t63% 1.64% 1.18% t17% 1.16% 1.15% CITY OF STILLWATER, MINNESOTA PROPERTY TAX RATES - PER $1,000 OF ASSESSED TAX CAPACITY VALUE (1) DIRECT AND OVERLAPPING GOVERNMENTS LAST TEN FISCAL YEARS Overlapping Rates City County Debt Debt Operating Service Total Operating Service Total Tax Tax Tax Tax Tax Tax Payable Capacity Capacity Capacity Capacity Capacity Capacity Year Rate Rate Rate Rate Rate Rate 1996 22.332 12.962 35.294 23.324 4.118 27.442 1997 21.386 13.383 34.769 21.935 3.631 25.566 1998 22.608 14.540 37.148 22.650 3.519 26.169 1999 24.978 13.577 38.555 24.264 3.337 27.601 2000 23.151 12.599 35.750 22.479 3.465 25.944 2001 23.534 12.163 35.697 20.415 3.582 23.997 2002 36.372 17.045 53.417 27.215 4.542 31.757 2003 34.044 18.717 52.761 26.570 3.726 30.296 2004 33.559 18.392 51.951 25.072 3.521 28.593 2005 34.331 17.298 51.629 23.098 3.225 26.323 Source: Washington County, Minnesota Auditor's Office. Notes: (1) Property tax rates (tax capacity rates) are determined by dividing the total tax levy by the tax capacity (assessed value). The tax capacity is calculated by applying a statutory formula to the estimated amarket value of the property. 100 • • • Overlapping Rates School Other Debt Operating Service Total Total Tax Tax Tax Tax Tax Capacity Capacity Capacity Capacity Capacity Rate Rate Rate Rate Rate 56.881 50.882 46.874 42.107 36.583 37.985 13.254 11.689 7.957 7.824 8.349 10.880 11.475 11.915 13.851 1 2.702 15.223 14.975 10.872 11.644 65.230 61.762 58.349 54.022 50.434 50.687 28.477 26.664 18.829 19.468 5.964 5.613 6.273 7.305 6.870 6.553 4.647 5.064 8.207 7.181 133.930 127.710 127.939 127.483 118.998 116.934 118.298 114.785 107.580 104.601 Fiscal Operating Year Tax Levy 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 CITY OF STILLWATER, MINNESOTA PROPERTY TAX LEVIES AND COLLECTIONS. LAST TEN FISCAL YEARS Taxes Levied for the Fiscal Year $ 2,275,445 2,423,816 2,557,684 2,737,793 2,794,420 3,098,928 4,034,297 4,261,183 4,713,214 5,579,500 Debt Tax Levy $ 1,321,013 1,517,293 1,659,302 1,499,592 1,520,689 1,601,657 1,890,540 2,342,774 2,583,083 2,811,379 Total Tax Levy (1) $ 3,596,458 3,941,109 4,216,986 4,237,385 4,315,109 4,700,585 5,924,837 6,603,957 7,296,297 8,390,879 Notes: (1) Beginning with payable year 2002, Market Value Homestead Credit is included in the operating levy. 102 Collected within the Fiscal Year of Levy Current Percentage Tax of Collection Levy $ 3,573,176 3,897,405 4,136,620 4,182,026 4,252,137 4,623,978 5,838,513 6,500,791 7,185,282 8,224,377 99.4% 98.9% 98.1 % 98.7% 98.5% 98.4% 98.5% 98.4% 98.5% 98.0% Collections in Subsequent Years $ 21,625 34,419 76,218 52,353 61,152 53,138 76,798 93,301 92,307 • • • Total Collections to Date Total Percentage Tax of Collection Levy $ 3,597,522 3,931,824 4,212,838 4,234,379 4,313,289 4,677,116 5,915,311 6,594,092 7,277,589 8,224,377 Outstanding Delinquent Taxes 100.0% $ (1,064) 99.8% 9,285 99.9% 4,148 99.9% 3,006 100.0% 1,820 99.5% 23,469 99.8% 9,526 99.9% 9,865 99.7% 18,708 98.0% 166,502 Percentage of Levy Outstanding 0.0% 0.2% 0.1% 0.1% 0.0% 0.5% 0.2% 0.1 % 0.3% 2.0% 103 Taxpayer NSP /Excel Energy Dayton /Hudson Corporation Super Valu Holdings MN Mining & Manufacturing Mikden of Stillwater LLC Diasorin Stillwater MP II LLC Lakeview Memorial Hospital Supervalu Inc Stillwater MP 1 LLC Immuno Nuclear Company Beverly Enterprises Stillwater Clinic First Bank Minneapolis Total CITY OF STILLWATER, MINNESOTA PRINCIPAL TAXPAYERS, CURRENT YEAR AND NINE YEARS AGO $ 1,197,602 2005 Source: Washington County, Minnesota Auditor's Office 1996 Percentage of Total Net Tax City Tax Net Tax Capacity Rank Capacity Capacity Rank $ 196,282 1 1.07 % $ 154,654 2 0.84 148,420 3 0.81 133,118 4 0.72 107,980 5 0.59 107,902 6 0.59 93,398 7 0.51 - 90,596 8 0.49 104,131 90,364 9 0.49 175,840 74,888 10 0.41 104 293,637 102,343 86,499 86,154 6.52 % $ 1,734,506 322,147 1 207,488 3 194,787 4 161,480 6 Percentage of Total City Tax Capacity 2.75 1.77 1.66 1.38 7 0.89 5 1.50 2 2.50 8 0.87 9 0.74 10 0.74 14.80 % • • • CITY OF STILLWATER, MINNESOTA PROPERTY VALUE AND CONSTRUCTION LAST TEN FISCAL YEARS Commercial Residential Construction Fiscal Property Value (1), (2) Construction Number of Value Year Commercial Residential Total Value (2), (3) Units (3) (2), (3) 1996 $ 103,458 $ 501 ,568 $ 605,026 $ 6,100 47 $ 5,648 1997 114,476 531,306 645,782 1,162 36 4,713 1998 124,561 580,270 704,831 5,407 47 7,135 1999 126,373 617,707 744,080 3,278 115 22,521 2000 146,982 666,897 813,879 7,383 222 35,606 2001 217,337 677,055 894,392 5,491 230 34,836 2002 206,114 829,632 1,035,746 6,492 283 43,054 2003 218,955 997,463 1,216,418 3,645 177 38,304 2004 216,832 1,164,264 1,381,096 8,493 119 39,296 2005 236,060 1,358,937 1,594,997 53,070 263 32,600 Notes: (1) Information obtained from Washington County, Minnesota Auditor's Office. (2) In thousands. (3) Information obtained from building permits, issued by the City of Stillwater. 105 CITY OF STILLWATER, MINNESOTA SPECIAL ASSESSMENT BILLINGS & COLLECTIONS LAST TEN FISCAL YEARS Special Special Assessment Assessment Fiscal Year Billings Collections (1) 1996 $ 884,462 1,442,969 1997 966,646 1,137,940 1998 938,612 1,250,256 1999 922,810 1,653,790 2000 991,839 1,413,254 2001 853,289 866,049 2002 834,898 1,169,295 2003 852,250 954,720 2004 846,220 1,337,233 2005 779,189 1,198,840 Notes: (1) Includes prepayments, current and delinquent collections. 106 • • • THIS PAGE INTENTIONALLY LEFT BLANK CITY OF STILLWATER, MINNESOTA OUTSTANDING DEBT BY TYPE LAST TEN FISCAL YEARS Governmental Activities General Improvement Revenue Tax Other Fiscal Government Bonds Bonds Increment Capital Long -Term Year Bonds (1) (2) (1) (3) (1) (4) Bonds (1) (5) Lease Debt 1996 $ 8,435,000 $ 6,830,000 $ $ 10,520,000 $ - $ 1997 8,250,000 6,660,000 9,925,000 - 1998 9,775,000 6,480,000 4,610,000 9,260,000 - 1999 8,585,000 5,600,000 4,280,000 8,560,000 - 2000 9,190,000 6,095,000 6,190,000 10,090,000 - 1,100,000 2001 8,261,665 3,990,000 5,955,000 7,060,000 - 1,045,000 2002 15,258,332 2,960,000 5,670,000 6,330,000 650,268 1,785,000 2003 15,890,000 1,995,000 5,375,000 5,635,000 436,891 1,632,500 2004 15,480,000 6,000,000 5,060,000 4,745,000 223,534 1,437,500 2005 18,625,000 5,510,000 7,425,000 3,840,000 1,242,500 Notes: Details regarding the City's outstanding debt can be found in the notes to the financial statements. (1) General obligation debt which is backed by the full faith, credit, and taxing power of the City. (2) General government bonds are to be repaid from general tax levies. (3) Improvement bonds are expected to be repaid primarily from the special assessments to benefitted properties. (4) Revenue bonds are expected to be paid from revenues generated from the project. (5) Tax increment bonds are to be paid from the pledged tax increment revenues. (6) Information not available is labeled N /A. (7) See the Demographic and Economic Statistics schedule on page 113 for personal income and population data. 108 • • • Total Percentage Primary of Personal Per Government Income (6) (7) Capita (7) $ 25,785,000 17.63 % $ 1,621 24,835,000 19.50 1,546 30,125, 000 17.40 1,867 27,025,000 20.42 1,669 32,665,000 17.09 2,132 26,311,665 22.18 1,688 32,653,600 18.73 2,027 30,964,391 21.14 1,857 32,946,034 21.61 1,914 36,642,500 N/A 2,129 109 CITY OF STILLWATER, MINNESOTA RATIO OF NET GENERAL OBLIGATION BONDED DEBT TO ASSESSED VALUE AND NET GENERAL OBLIGATION DEBT PER CAPITA LAST TEN FISCAL YEARS Net General Bonded Debt Outstanding Gross Less Debt Net Percentage of Fiscal Bonded Service Bonded Estimated Per Year Debt (1) Fund (2) Debt Market Value (3) Capita (4) 1996 8,435,000 1,604,748 6,830,252 1.1% $ 429.41 1997 8,250,000 1,459,219 6,790,781 1.1% 422.60 1998 9,775,000 1,740,132 8,034,868 1.1% 498.04 1999 8,585,000 1,336,106 7,248,894 1.0% 447.66 2000 9,190,000 1,694,147 7,495,853 0.9% 489.19 2001 8,261,665 1,543,618 6,718,047 0.8% 430.95 2002 15,258,332 1,699,247 13,559,085 1.3% 841.71 2003 15,890,000 2,297,197 13,592,803 1.1% 815.26 2004 15,480,000 5,767,055 9,712,945 0.7% 564.21 2005 18,625,000 11,374,340 7,250,660 0.5% 421.18 Notes: (1) Amount does not include debt to be paid from special assessments, tax increments or other revenues. (2) Amount available for repayment of general obligation bonds. (3) See Assessed and estimated Actual Value of Property schedule on page 98 for property value data. (4) See the Demographic and Economic Statistics schedule on page 114 for population data. 110 • • • Direct: City of Stillwater CITY OF STILLWATER, MINNESOTA COMPUTATION OF DIRECT AND OVERLAPPING BONDED DEBT General Obligation Bonds December 31, 2005 Overlapping: Independent School District # 834 Washington County & HRA Northeast Metro Tech #916 Metropolitan Council /Regional Transit Regional Transit Total Overlapping Total Direct and Overlapping Bonded Debt: Gross General Obligation Bonded Debt Outstanding $ 18,625,000 (1) $ 51,720,000 (2) 103,575,000 (2) 13,560,000 (2) 30,105,000 (2) 179,020,000 (2) Percentage Applicable to City Net Amount Applicable to City 100% $ 18,625,000 243% $ 12,567,960 7.0% 7,250,250 3.2% 433,920 0.6% 180,630 0.7% 1,253,140 $ 21,685,900 $ 40,310,900 Notes: (1) Excludes general obligation bonds reported in the enterprise funds and general obligation improvement, tax increment financing, and revenue bonds. (2) Information obtained from Washington County, Minnesota Auditor's office. Debt applicable to limit: Total bonded debt Less: Improvement bonds Less: Revenue bonds Less: TJF bonds Total debt applicable to limitation Legal debt margin Total debt applicable to the limit as a percentage of debt limit CITY OF STILLWATER, MINNESOTA COMPUTATION OF LEGAL DEBT MARGIN LAST TEN FISCAL YEARS Fiscal Year 1996 1997 1998 1999 Estimated Market Value (1) $ 605,026,500 $ 639,460,800 $ 704,831,100 $ 744,080,200 Debt limitation (2% of estimated market value) 12,100,530 12,789,216 14,096,622 25,785,000 24,835,000 30,125,000 (6,830,000) (6,660,000) (6,480,000) (4,610,000) (10,520,000) (9,925,000) (9,260,000) 8,435,000 8,250,000 9,775,000 $ 3,665,530 $ 4,539,216 $ 4,321,622 $ 6,296,604 69.71% 64.51% 69.34% 57.69% Note: (1) Information obtained from Washington County, Minnesota Assessor's Office (2) Under Minnesota State Statues, the City of Stillwater's net debt cannot exceed 2 percent of the estimated market value. 112 14,881,604 27,025,000 (5,600,000) (8,560,000) (4,280,000) 8,585,000 • • • 2000 $ 813,878,600 16,277,572 32,895,000 (6,095,000) (7,520,000) (10,090,000) 9,190,000 $ 7,087,572 $ 9,626,177 56A6% 2001 $ 894,392,100 17 ,887,842 26,506,665 (3,990,000) (7,195,000) (7,060,000) 8,261,665 46.19% 2002 $ 1,035,746,600 $ 1,216,418,000 $ 1,381,096,600 $ 1,657,407,200 20,714,932 31,368,332 (2,960,000) (6,820,000) (6,330,000) 15,258,332 $ 5,456,600 $ 73.66% Fiscal Year 2003 24,328,360 29,955,000 (1,995,000) (6,435,000) (5,635,000) 15,890,000 8,438,360 $ 65.31% 2004 2005 27,621,932 33,148,144 32,255,000 36,280,000 (6,000,000) (5,510,000) (6,030,000) (8,305,000) (4,745,000) (3,840,000) 15,4 80, 000 18, 625,000 12,141,932 $ 14,523,144 56.04% 56.19% CITY OF STILLWATER, MINNESOTA DEMOGRAPHIC AND ECONOMIC STATISTICS City of Stillwater Washington County Personal Personal Per Capita Unemployment Fiscal Population Income Income Income Percentage Year (1) (2) (6) (2) (3) (5) (3) (5) (4) 1996 15,906 $ 454,562 $ 5,253,319 $ 28,578 2.6 1997 16,069 484,191 5,671.025 30,132 2.1 1998 16,133 524,323 6,251,091 32,500 1.8 1 999 16,193 551,744 6,725,719 34,073 1.8 2000 15,323 558,232 7,382,981 36,431 2.5 2001 15,589 583,683 7,761,302 37,442 3.1 2002 16,109 611,691 7,988,565 37,972 3.9 2003 16,673 654,599 8,401,215 39,261 4.2 2004 17,215 711,857 8,938,071 41,351 4.0 2005 17,215 N/A N/A N/A 3.4 Notes: (1) Estimates from Metropolitan Council, except for 2000 which is per the U.S. Census. (2) thousand of dollars (3) Information from State Demographers Office (Bureau of Economic Analysis Report). (4) Information from Jobs Training Research Statistics Department. (5) Information not available is labeled N /A. (6) The estimated personal income for the City of Stillwater is calculated by taking the per capita income of Washington County and multiplying it by the City's population. The per capita personal income used is for that of Washington County, in which the City resides, the smallest region applicable to the City that this information is available for. 114 CITY OF STILLWATER, MINNESOTA • PRINCIPAL EMPLOYERS, CURRENT YEAR AND NINE YEARS AGO • • Percentage of Total City Taxpayer Employees Rank Employment County of Washington 970 1 20.2% Stillwater Public Schools 920 2 19.8% UFE, Inc 800 3 17.2% Cub Foods 550 4 11.8% Lakeview Memorial Hospital 457 5 9.8% Desing Fabricated Parts 330 6 7.1% Diasorin 250 7 5.4% Target 197 8 4.2% City of Stillwater 139 9 3.0% WR Medical Electronics 50 10 1.1% Total Notes: Information for 1996 is not available. $ 4,663 99.6% Source: Minnesota Department of Employment and Economic Development 2005 Culture & Recreations Library Parks Sanitary Sewer Storm Sewer Signs & Lighting Parking Source: City Finance Department CITY OF STILLWATER Full Time Equivalent Employees City Government Employees by Function /Program Last Ten Years FUNCTION /PROGRAM 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Governmental MIS - - 1.00 1.00 1 00 1.00 1.00 Finance 5.00 7.00 6.25 4.25 5.25 4.00 4.00 3.50 3 50 4.50 Administration 4.00 5.00 4.75 5.75 5.75 5.00 5.00 5.00 4.90 4 90 Legal 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1 00 Plant/City Hall - - - - 1.00 1.00 1.00 1.00 1 00 1 00 Community Development 2.50 2.50 2.50 2.50 2.50 2.50 2.50 2.50 2.50 2.50 Public Safety Police 23.00 22.00 22.00 23.00 23.00 24.50 24.50 24.50 24.50 25.50 Fire 7.00 7.00 7.00 8.00 7.00 8.00 8.50 8.50 8.50 9.50 Inspections 2.50 2.50 2.50 2.50 3.50 3.50 3.50 3.50 3.50 3.50 Public Works Engineering 3.50 3.50 3.50 5.00 4.00 4.50 4.50 4.25 4.10 4.10 Streets 8.50 8.50 7.00 7.00 8.00 10.00 8.00 10.00 9.55 9.55 Shop 2.00 3.00 2.00 2.00 2.00 1.50 1.50 1.50 - 8.75 10.00 8.50 8.00 875 9.00 9.25 9.25 8.50 9.75 6.00 6.00 7.50 6.50 8.50 7.50 7.50 8.50 6.50 7.50 3.00 3.00 3.50 3.50 3.00 3.50 3.00 3.50 3.95 3.95 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.75 1.15 1.15 # ## # ## - - - - 1.25 1.25 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.10 1.10 Total 78.25 82.5 79.5 80.5 84.75 88 86.25 89.25 86.5 91.75 116 • • • CITY OF STILLWATER, MINNESOTA CAPITAL ASSET STATISTICS BY FUNCTION /PROGRAM Last Ten Years Fiscal Year Function /Program 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Public Safety Police Stations 1 1 1 1 1 1 1 1 1 1 Patrol Units 6 6 6 6 6 6 6 6 7 7 Fire Stations 1 1 1 1 1 1 1 1 1 1 Fire Trucks 8 8 8 8 8 8 8 8 8 8 Public Works Lights 1,044 1,067 1,094 1,252 1,252 1,340 1,360 1,306 1,360 2,450 Vehicles N/A N/A N/A N/A N/A N/A N/A N/A 37 32 Streets (miles) 69.46 71.73 75.10 77.21 80.50 82.45 83.07 83.76 84.62 84.70 Culture & Recreation St Croix Valley Recreation Center Sheets of Ice 1 1 2 2 3 3 3 3 3 3 Field House 0 0 1 1 1 1 1 1 1 1 Library Building 1 1 1 1 1 1 1 1 1 1 Parks Parks N/A N/A N/A N/A N/A N/A N/A N/A N/A 32 Internal Trails N/A N/A N/A N/A N/A N/A N/A N/A N/A 11 Park Acres 181 220 226 230 470 477 516 516 516 540 Park Shelters N/A 11 12 13 16 19 19 19 19 22 Basketball Courts 6 5 4 5 4 4 4 4 4 6 Boat Launches 2 2 2 2 2 1 1 1 1 1 Fishing Pier 1 1 1 1 1 1 1 1 1 1 Horseshoe Courts 10 11 11 11 11 11 11 11 11 11 Skating Rinks 9 10 10 10 10 10 9 9 9 7 Soccer Fields 3 3 3 3 3 3 3 3 3 5 Softball Fields 11 9 8 8 8 8 8 8 8 10 Swimming Beach 1 1 1 1 1 1 1 1 1 1 Tennis Courts 9 9 9 9 9 9 9 12 12 12 Volleyball Courts 2 3 3 4 4 4 5 6 6 5 Sanitary Sewer Collection System (miles) Sewer Connections Storm Sewer Pipe (miles) Parking Paylots /Permit Parking Source: Various City Departments 75.34 75.35 75.87 79.21 80.84 83.25 83.54 84.16 86.00 86.22 4,896 4,948 4,982 5,043 5,196 5,403 5,496 5,393 5,813 5,816 20.82 21.41 21.84 25.56 28.08 29.80 31.31 32.58 33.00 33.48 117 Function /Program CITY OF STILLWATER, MINNESOTA OPERATING INDICATORS BY FUNCTION /PROGRAM Last Ten Years Fiscal Year 1996 1997 1998 1999 2000 General Government Elections 2 - 2 - 2 Registerd voters 10,776 - 10,492 - 11,115 Number of votes cast 7,732 - 7,517 8,521 Voter participation (registered) 71.8% - 71.7% - 76.7% Public Safety Police Citations & Arrest (1) N/A N/A N/A 5,491 5,166 Violations (1) N/A N/A N/A 7,348 7,964 Traffic Violations (1) N/A N/A N/A 3,751 2,256 Fire Medical (2) 704 671 747 785 849 Fire N/A N/A N/A N/A N/A False Alarm N/A N/A N/A N/A N/A Inspections (2) 530 360 122 145 80 Other Services N/A N/A N/A N/A N/A Inspections Building Permits N/A N/A 925 623 1,606 Inspections N/A N/A 1,537 2,345 3,528 Value of Buidling Permits N/A N/A $24,950,228 $32,762,760 $53,266,824 Public Works General Maintenance (hours) N/A N/A N/A N/A N/A Trash Pickup (hours) N/A N/A N/A N/A N/A Snow Removal (hours) N/A N/A N/A N/A N/A New Construction (yours) N/A N/A NIA N/A N/A Culture and Recreation St Croix Valley Recreation Center Recreation Center - (hours) N/A N/A N/A N/A N/A Lily Lake - (hours) N/A N/A N/A N/A N/A Recreation Maintenance (hours) N/A N/A N/A N/A N/A Library Collection Size 78,516 83,649 72,951 70,905 81,516 Circulation (checked out) 233,719 243,717 233,237 224,174 222,685 Parks Park Reservations NIA N/A N/A N/A N/A Park Maintenance (hours) N/A N/A N/A N/A N/A Sanitary Sewer Sewer Work (hours) N/A N/A N/A N/A N/A Parking Parking Permits Source: Various City Departments Notes: (1) 1996 - 1998 Combined totals for various offences. (2) 1996 - 1999 Combined totals for various services provided. (3) Information not available is labeled N /A. N/A N/A N/A N/A 431 118 • • • • Fiscal Year 2001 2002 2003 2004 2005 2 3 2 11,317 11,317 12,581 8,376 8,376 10,344 74.0% 74.0% 82.2% 5,123 6,269 5,996 8,586 8,646 8,962 3,255 2,508 2,803 6,079 9,896 3,751 6,077 10,336 3,415 1,018 1,140 726 779 826 N/A N/A 93 64 71 N/A N/A 120 136 119 95 166 83 98 89 N/A N/A 166 209 220 1,616 1,175 1,718 1,149 1,332 3,808 4,028 4,892 4,492 3,895 $60,598,170 $65,856,810 $59,537,643 $64,661,730 $53,070,092 N/A 15,471 14,440 10,278 12,285 N/A 1,863 1,739 2,016 1,996 N/A 1,330 1,407 2,519 2,343 N/A 2,290 602 1,022 1,627 NIA N/A N/A N/A 2,099 N/A N/A N/A N/A 1,647 N/A 4,192 2,585 2,948 3,875 83,072 84,237 87,185 90,320 92,589 230,219 244,468 248,387 259,681 266,378 N/A 195 185 155 185 N/A 5,685 3,238 4,983 5,468 N/A 1,820 693 831 1,622 587 651 506 506 443 119 • • • OTHER REPORTS SECTION • • Honorable Mayor and Members of the City Council City of Stillwater Stillwater, Minnesota LarsonAlleri" CPAs, Consultants & Advisors www.larsonallen.com REPORT ON MINNESOTA LEGAL COMPLIANCE We have audited the accompanying financial statements of the governmental activities, business -type activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information of the City of Stillwater, Minnesota, as of and for the year ended December 31, 2005, which collectively comprise the City's basic financial statements and have issued our report thereon dated April 7, 2006 We conducted our audit in accordance with U.S. generally accepted auditing standards, the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and the provisions of the Minnesota Legal Compliance Audit Guide for Local Government, promulgated by the State Auditor pursuant to Minnesota Statutes Section 6.65. Accordingly, the audit included such tests of the accounting records and such other auditing 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 financing. Our study included all of the listed categories. The results of our tests indicate that for the items tested the City complied with the material terms and conditions of applicable legal provisions. This report is intended solely for the information and use of the City Council, management of the City, 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. Minneapolis, Minnesota April 7, 2006 LARSON, ALLEN, WEISHAIR & CO., LLP Larson, Allen, Weishair & Go., LLP 1 An Independent Member of Baker Tilly International CITY OF Stillwater MINNESOTA CITY OF STILLWATER, MINNESOTA DECEMBER 31, 2005 TABLE OF CONTENTS Graph 1 Operating Revenues and Operating Expenses -Water Fund Graph 2 Operating Revenues and Operating Expenses - Sanitary Sewer Fund Graph 3 Operating Revenues and Operating Expenses -Storm Sewer Fund Graph 4 Operating Revenues and Operating Expenses -Sign & Lighting Fund Graph 5 Operating Revenues and Operating Expenses- Parking Fund Graph 6 Revenues, Expenditures & Transfers In -St Croix Valley Rec Center Graph 7 Revenues, Expenditures & Transfers In- Library Fund Graph 8 Revenues, Expenditures & Transfers In -Parks Fund Graph 9 General Governmental Revenues by Source Graph 10 Capital Outlay & Construction - Governmental Funds Graph 11 Total Net Tax Capacity Graph 12 Legal Debt Margin Graph 13 Days Operating Expenditures in Fund Balance- General Fund Only $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 Notes: $0 CITY OF STILLWATER, MINNESOTA DECEMBER 31, 2005 OPERATING REVENUES AND OPERATING EXPENSES - WATER FUND 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 I 1111m'Operating Revenues 'Operating Expenses 1 2001 - January 1, 2001 water rates were increased to cover operating expenses. 2003 - January 1, 2003 water rates were increased to cover operating expenses. 2003 - Year was drier than normal which resulted in 65 million more gallons being pumped over the prior year. 2005 - Other Non - Operating Revenues were collected to significantly cover the operating Toss which resulted in an overall net income of $216,862. Graph 1 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 Notes: CITY OF STILLWATER, MINNESOTA DECEMBER 31, 2005 OPERATING REVENUES AND OPERATING EXPENSES - SANITARY SEWER FUND $0 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 —II—Operating Revenues Operating Expenses Operating Income /(Loss) Year Amount Year Amount 1996 (247,914) 2001 (201,718) 1997 (303,005) 1 2002 (192,267)1 1998 (198,544) 1 2003 (264,243) 1999 (136,713) 1 2004 (137,817) 2000 (61,312) 1 2005 (217,072) 2003 - An increase in sanitary sewer rates began with the 3rd quarter billing of 2003. 2005 - An increase in sanitary sewer rates began with the 3rd quarter billing of 2005 to cover the operating loss of fiscal year 2004. The rate increase was expected to generate an additional $138,000 in revenues. Graph 2 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 Notes: $0 CITY OF STILLWATER, MINNESOTA DECEMBER 31, 2005 OPERATING REVENUES AND OPERATING EXPENSES - STORM SEWER FUND 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 —a—Operating Revenues - *—Operating Expenses Operating Income /(Loss) Year Amount Year Amount 1996 16,297 2001 123,406, 1997 (191,903) 1 2002 117,411 1998 33,588 1 2003 84,469 1999 86,148 1 2004 59,786 2000 123,737 1 2005 8,530 1997 - Storm sewer projects for Lily Lake, Hazel Street and 4th Street. Graph 3 $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 Notes: $0 CITY OF STILLWATER, MINNESOTA DECEMBER 31, 2005 OPERATING REVENUES & OPERATING EXPENSES - SIGN & LIGHTING FUND 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 — 11—Operating Revenues —0—Operating Expenses Operating Income /(Loss) R Year 1 Amount 2003 69,968 1 2004 (226,492) 1 2005 45,246 2003 - The sign & lighting fee began with the 3rd quarter billing. 2004 - Operating expenses include a tranfer out of $265,000 to fund the Curve Crest lighting project which was approved by the City Council in 2003. Graph 4 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 Notes: $0 CITY OF STILLWATER, MINNESOTA DECEMBER 31, 2005 OPERATING REVENUES & OPERATING EXPENSES - PARKING FUND 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 (O perating Revenues Operating Expenses Operating Income /(Loss) Year Amount Year Amount 1996 3,849 2001 36,897 1997 (11,552) 1 2002 50,963 1998 (4,250) 1 2003 103,545 1999 58,666 2004 78,891 2000 41,588 1 2005 65,684 1998 - Attended pay parking program began. 2003 - Operation of the attended pay parking program began with the City. Graph 5 $2,000,000 $1,500,000 $1,000,000 $500,000 $0 ($500,000) ($1,000,000) ($1,500,000) Notes: CITY OF STILLWATER, MINNESOTA DECEMBER 31, 2005 REVENUES, EXPENDITURES, & TRANSFERS - ST. CROIX VALLEY REC. CENTER 199. 1997 1• • 9 2000 200 2 3 QD5 —I— Revenues Expenditures —A- Transfers 1996 & 1997 - Revenues were donations collected for the construction of the facility. 1998 - Operation of the St Croix Valley Recreation Center began. 2000 - Second sheet of ice began operation in late 2000. 2004 - City Council approved a rate increase in the latter part of the year. Transfers (Out) consist primarily of transfers to the debt service fund(s). Graph 6 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 Notes: $0 - CITY OF STILLWATER, MINNESOTA DECEMBER 31, 2005 REVENUES, EXPENDITURES, & TRANSFERS IN- LIBRARY FUND 1997 1998 1999 2000 2001 2002 2003 2004 Graph 7 (-Revenues —0—Expenditures Transfer In Transfer in is the amount transferred in from the General Fund. This amount is determined during the budget process $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 Notes: $0 CITY OF STILLWATER, MINNESOTA DECEMBER 31, 2005 REVENUES, EXPENDITURES, & TRANSFERS IN - PARKS 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 - --Revenues Expenditures Transfer In 2000 - Land acquisition (Railroad & Kern- Pauley Property) 2002 - Received grant money for land acquisition 2003 - Land acquisition (Washington County Historical Society) 2004 - Transfer In amount includes $85,000 for bond proceeds (GO Capital Outlay Bonds, Series 2004P) Transfer In consists primarily of the amount transferred in from the General Fund. This amount is determined during the budget process Graph 8 $18,000,000 $16,000,000 $14,000,000 $12,000,000 $10, 000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $0 Notes: CITY OF STILLWATER, MINNESOTA DECEMBER 31, 2005 GENERAL GOVERNMENTAL REVENUES BY SOURCE 1 1 1 a; 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 • Taxes • Special Assessments ❑ Charges for Services • Intergovernmental ® Other 2003 - LGA was reduced by $745,750 during the middle of the year. Graph 9 1 1 1 1 1 1 1 1 i• 1 1 1 1 1 1 1 1 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 Notes: 1996 - 1998 - 2000 - 2002 - 2003 - 2004 - 2005 - Includes Includes Inlcudes Includes Includes Includes Includes CITY OF STILLWATER, MINNESOTA DECEMBER 31, 2005 CAPITAL OUTLAY & CONSTRUCTION GOVERNMENTAL FUNDS 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 remodeling of City Hall construction of St Croix Valley Recreation Center construction of 2nd Sheet of Ice at the St Croix Valley Recreation Center construction of Public Works Facility construction of the McKusick Ravine Storm Sewer North Hill Street Project Library Construction /2005 Street Project Graph 10 20,000,000 18,000,000 16,000,000 14,000,000 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 Notes: CITY OF STILLWATER, MINNESOTA DECEMBER 31, 2005 TOTAL NET TAX CAPACITY' 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2002 - The class rates were changed significantly by the legislature. Graph 11 16,000,000 14,000,000 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 Notes: CITY OF STILLWATER, MINNESOTA DECEMBER 31, 2005 LEGAL DEBT MARGIN 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2002 - Bond issuance for the Public Works Facility Graph 12 210 180 150 120 90 60 30 Notes: CITY OF STILLWATER, MINNESOTA DECEMBER 31, 2005 DAYS OPERATING EXPENDITURES IN FUND BALANCE - GENERAL FUND ONLY 1998 1999 2000 2001 2002 2003 2004 2005 ActuaI -f —Goal 2004 - Adjusted for compensated absences Graph 13 Community Volunteer Service and Senior Centers Connecting People ?' Enriching Lives July 5, 2006 Mayor Jay Kimble City of Stillwater 216 North 4 Street Stillwater, MN 55082 Dear Mayor Kimble, Warmest greetings to you from the staff and board of Community Volunteer Service and Senior Centers! I am writing to share some information with you about Community Volunteer Service and Senior Centers and to ask for your support. What is CVS? Community Volunteer Service and Senior Centers (CVS) is a non - profit organization that has served the City of Stillwater and greater Washington County since 1967. The founders of CVS believed that community needs could be met by coordinating volunteers. This core belief continues to be our reason for operating today and all CVS programs and services are designed to meet critical community needs by engaging volunteers from throughout the county. Today the mission of CVS is connecting people, enriching lives. What does CVS do? CVS coordinates six programs and manages two service sites in Washington County. Our senior centers offer dozens of social, educational, and volunteer activities for the county's seniors each and every week in both Stillwater and Bayport. Our programs, all with the spirit of volunteerism at their core, include the Transportation Program, the Volunteer Center, the Neighborhood Service Exchange, the Medical Reserve Corps and the seasonal Holiday Bureau. Please review more about each program in the 2005 CVS Annual Report. The report is enclosed for your information. How does CVS serve my city? Each year CVS serves thousands of Washington County residents, including residents who live in Stillwater. The services provided by CVS are both necessary and critical for the residents who use them whether daily or yearly. I have enclosed information about the specific services that have been provided to your residents throughout 2005. 2300 Orleans St. W. Stillwater, MN 55082 651- 439 -7434 • www.volunteercvs.org Board of Directors Mary Cecconi (President) Dan Parker (Treasurer) D,eb Braun Kathy Conley Joyce Flynn Connie Fredkove Lyman Geary Paul Jennings Eileen Meader Keith Paul Vi Russell Annette Sallman Matt Williams • • • As elected officials with financial and community building responsibilities for your city, I understand that you face many difficult issues and questions about how to lead your community. It is my hope, and my sincere belief, that CVS assists you in providing critical services to residents of your city and that we are improving the quality of life in your community by connecting people to services and to the power of volunteerism. What can my city do to support CVS? Consider making a financial contribution to CVS. Stillwater has a long tradition of supporting the efforts of CVS for which I am truly grateful. Your support has allowed us to grow our senior center program and provide services that residents of Stillwater are using daily. Here are two examples of how far your financial gift can go at CVS: just $750 covers the cost of the transportation program for one week while meeting a critical need in the community by pairing volunteer drivers with people who need transportation to medical appointments. $1,500 provides a month's worth of social programming for seniors who visit one of our two senior centers. Activities include Bunco, cribbage, pool, oil painting classes, book club, bridge club, aerobics, and a hot nutritious noon meal. CVS is able to leverage every dollar received by engaging community volunteers to help deliver the services we provide. In 2005, more than 500 volunteers contributed 12,346 hours of service through CVS programs alone. This is a value of more than $216,000. I would like 10 minutes during one of your city council meetings for a presentation about CVS so that you and your residents have the opportunity to both learn about services and resources that might be helpful to them and can hear about what CVS is doing from day to day to serve the residents of your city. I am happy to attend a formal city council meeting or work session to share our progress in building stronger communities. For more information about any of the CVS programs or to schedule a presentation please call me at 651- 439 -7434. CVS is pleased and honored to have provided services to residents of Washington County for more than 39 years. Your support as we continue to provide those services is greatly appreciated. Sincerely, Valerie A. Jones, MA Executive Director CC: Dave Junker Ken Harycki Wally Milbrandt Mike Polehna Larry Hansen Department Heads Enclosures • • • Throughout 2005, here is how Community Volunteer Service and Senior Centers is working in the city of Stillwater More than 900 Stillwater residents participated in programs or events provided at the Stillwater and Bayport Senior Centers more than 10,100 times. 119 Stillwater residents have volunteered their time and talents at the Stillwater and Bayport Senior Centers. 215 Stillwater residents received a special service at the Stillwater and Bayport Senior Centers including blood pressure checks, foot care, hearing screenings, and referrals to specialized services. 248 Stillwater residents received free tax preparation services through our tax assistance initiative. 362 Stillwater residents received services from members of the Neighborhood Service Exchange, a program where neighbors barter their skills to help one another and build community. 52 Stillwater residents have volunteered their time and talents at a community wide Neighborhood Service Exchange event. 893 acts of service have been given to or performed by Stillwater residents through the Neighborhood Service Exchange program. 1,945 Stillwater residents or organizations have called the CVS Volunteer Center looking for assistance with volunteer placement. 317 Stillwater residents volunteered through a CVS sponsored project or referral such as Rake A Difference Day. 55 Stillwater residents received free fall yard clean up through the annual Rake A Difference Day initiative. 40 Stillwater non - profit agencies or organizations work with CVS to meet their volunteer needs. 84 Stillwater residents have received rides to and from medical appointments through the volunteer transportation program. 16 Stillwater residents are serving their community as a volunteer driver for the CVS transportation program. 695 rides have been given to Stillwater residents by volunteer drivers, helping them get to and from medical appointments. • • • 3 Stillwater residents were honored for their work with the CVS transportation program receiving the Community Involvement Award for a Lifetime of Volunteering, the WCCO /Popp Telecom Good Neighbor Award, and the Washington County Outstanding Senior Citizen Award. 38 Stillwater residents have registered with the Washington County Medical Reserve Corps, a group of volunteers coordinated by CVS that can be called into action in the event of a public health emergency. Of those, 19 volunteers have received orientation and training to better respond to public health emergencies. 1 Stillwater resident participated in Hurricane Katrina relief efforts in Louisiana as a result of her involvement with the Medical Reserve Corps. 369 Stillwater residents received extra support and sponsorship through the CVS Holiday Bureau. 30 Stillwater residents volunteered more than 800 hours in November and December to staff and organize the Holiday Bureau. 237 Stillwater families, businesses, or provided sponsorships to this year's Holiday Bureau participants. 2 • Community Volunteer Service and Senior Centers • Volunteerism A 4Qn., e is 4 kingda ci its Dorn in t4e miAst ll t4e wrCd, a strmg4oed a id Cue's strains an% struggees. Zietrieh nhoe f er Zietrieh Qn4.1"el er y ear `in eviet In 2005 CVS truly found a "Home for Volunteerism." After much hard work, and as a result of the generosity of the community from foundations to individual donors, the Board of Directors purchased the CVS building located at 2300 West Orleans Street in Stillwater. After 38 years of serving the St. Croix Valley and Washington County, CVS is home for good. Read more about the success of our first capital campaign in the pages that follow. Owning our home will allow CVS to channel more resources into our direct services and programs and fewer resources into rental and overhead costs. Our programs and services are the heart of our work. In 2005, eleven staff members and more than 500 volunteers coordinated seven programs that helped serve thousands of people throughout the community from our building on Orleans Street. The following pages tell the stories of our programs and services in 2005. Please read about the connections that CVS helps foster in our community. Owning our home will continue to provide financial challenges for CVS as we step up to the responsibilities of maintaining and caring for an aging building. CVS will continue to need financial and in -kind support from people and businesses throughout the area to keep our CVS home beautiful and safe for the people who visit us every day. In 2006, the staff and Board will be asking for your continued support of CVS programs and our CVS home. CVS is happy to invite you over to our house to see and experience the many ways we support and encourage community wide volunteerism. Whether it's for a cup of coffee with a friend, a service exchange between neighbors, volunteering to serve lunch, teaching area volunteer coordinators to train new volunteers, sponsoring a family during the holiday season, fulfilling a volunteer requirement for school, completing a volunteer drive for a community member who needs to visit the doctor, signing up to assist the community in the event of an emergency, or looking for a new way to give back, we'd love to see you. Our mission of connecting people, enriching lives is alive and well! Come and see for yourselves! Thank you for helping CVS to be successful in creating a permanent home for volunteerism in the St. Croix Valley. We are pleased to be an organization committed to service and through that service, connecting people, enriching lives. Mtry C eceDnt President, Board of Directors Viteerie Canes Executive Director 200,1 f tnitnet4L Total Revenue an Support $450,648 St. Croix Area United Way Operating Grants Municipalities Contracts Business and Organizations Individual Donors Earned Income 9.6% 52.7% 3.3% 24.0% February 2005 200 j gk penseS Transportation Senior Centers t olunteer Center Neighborhood Service Exchange Medical Reserve Corps Holiday Bureau Administration and Fundraising pecial Projects Total Expenses $468, 235 9.5% 35.1% 15.3% 9.4% 9% 3.1 15.6% 3% • • • 67 Kr V iSiin c5 tatenient Community Volunteer Service will be the heart of the St. Croix Valley communities by creating volunteer solutions that keep them vital and healthy, allowing all residents to grow and find fulfillment through service. © nr 744;SSiin s tateni.ent Connecting people, enriching lives. • 6) Kr prtrgr404S Our Transportation Program connects Washington County residents in need of transportation with volunteer drivers. Our volunteers fill the gap between available transportation services and the needs of the community. In 2005, 40 transportation volunteers completed 1,318 rides. Our Senior Centers, located in Bayport and Stillwater, build upon the experience, skills and abilities of older adults. Comprehensive, high quality programs and leisure activities enhance the well -being of seniors in the St. Croix Valley. The Senior Centers welcomed 16,637 participants to varied opportunities to meet new friends, renew old friendships, learn a new skill, gain knowledge and have fun. Through the Holiday Bureau's "Blizzard of Snowflakes ", sponsor families or organizations provide Holiday gifts and food to families requesting assistance. Neighborhood Service Exchange is a "time dollar" program that builds and strengthens communities through neighbor -to- neighbor relationships. Membership is open to individuals, families, and groups. Sample services include bike repair, cooking, sewing, shopping, or yard work. 139 NSE members volunteered 2,535 hours during 2005. The Volunteer Center serves four counties in the St. Croix Valley area: Washington, Pierce, Polk, and St. Croix. We promote local volunteerism, connect people with opportunities to serve their community and offer volunteer management support to community - based organizations. With the assistance of the Volunteer Center, 2,314 individuals volunteered 243,811 hours. The Volunteer Center is part of 1800Volunteer! and the Points of Light Foundation. The Medical Reserve Corps (MRC) is part of the Citizen Corps, a nationwide initiative to mobilize and coordinate trained volunteers to help their communities respond to all types of public health emergencies. In 2005 the Washington County MRC grew from 23 to 140 members. Ht' v to VVCKnteer • Log in to: www.volunteercvs.org • Click on the 1- 800Volunteer! Logo • Click Login at the top right • Under Find a Volunteer Opportunity, arrow down to the issue area of your choice • Enter your zip code • Click on search OR call the Volunteer Center for assistance: 651 - 439 -7434 � f 1 -800 org Hii4e Dr Vtr(Knteer,14 The Volunteer Investment Program performed 100 assessments, resulting in 53 active participants. "Thank you so much for giving me the opportunity to volunteer at a place where 1 can utilize my skills and get wonderful references." Shawn, VIP participant 414 local volunteer administrators participated in consultation, networking, mentoring, and training opportunities offered through the Volunteer Center to help strengthen volunteer management. 0 The Washington County Medical Reserve Corps was asked to supply volunteers for Hurricane Katrina and Rita relief efforts. Eight volunteers answered the call and were deployed to the Gulf Coast. One volunteer stated: "It was a life changing experience ". The Holiday Bureau "Blizzard of Snowflakes" was blessed with 35 fantastic volunteers who donated 806 hours of service. "The generosity of the sponsors and volunteers was fantastic! Making new friends along the way was a bonus." Sharon HB volunteer The eighth annual "Rake a Difference Day" connected 423 volunteers with 63 seniors to rake yards and build friendships. "Thank you for helping me get rides. It is so nice to have help from your program." A Transportation clien• from Lake Elmo • • • Through the Volunteer Center, two volunteers, a delightful husband and wife team, were identified as good matches for computer support for CVS. Their contribution has been significant as new initiatives are implemented. "1'm glad I volunteer here, everyone is so nice... I need to keep busy, so this is just perfect for me. It feels so good to be able to help." A Senior Center volunteer "1 tell a joke to relax the group and before you know it, we are playing cribbage. The students believe we are playing cribbage, I believe 1 am teaching addition. Either way it is a success." Al, a Bayport Senior Center volunteer discussing the Afton - Lakeland School monthly cribbage sessions. "Thank you for the chance to meet so many nice people. I never knew this type of program existed" A Lake Elmo Neighborhood Service Exchange member Several members of the Neighborhood Service Exchange participated in National Neighborhood Day activities including making cookie trays and refreshments for St. Croix Valley agencies. One of the members assisted more than 20 people during the year, fixing leaky faucets, broken doors, and other needed home improvements. 116 dedicated volunteers donated 3,232 hours of service through the Stillwater Senior Center. The volunteers help local elementary schools with service projects, Senior Dining, mailings, special events, maintenance work, quilting blankets for families in need, facilitating programs and much more! eOvcheetin Peeride, £nran LheS Two volunteers assist the Volunteer Center with special projects. Mary, a young adult with special learning needs, volunteers on a weekly basis to complete mailings and general office processes. Briana is a junior at Woodbury High School. As a "virtual" volunteer, she writes volunteer promotions for local newspapers. She plans to pursue a career in Journalism. Through a collaborative community effort, the Holiday Bureau was able to sponsor 698 people in Stillwater and surrounding communities. More than 183 sponsors donated their time and resources. 35 dedicated volunteers worked over 800 hours to support the program. During 2005, many programs and activities were offered at the Stillwater and Bayport Senior Centers to help seniors remain health -wise: Medicare Part D forums, hearing and glucose screenings, flu shot clinic, foot care, and blood pressure checks are just a few. In 2005 the Senior Centers of Bayport and Stillwater welcomed 16,637 participants to programs and events during 2,945 hours of program offerings. The Bayport Senior Center sponsored five female veterans in the Bayport Memorial Day Parade. The women laughed, cried and waved as the parade watchers stood up to applaud and salute the veterans. • 1 G101GID 1 G I O1 A G I N G MG M X111 ' 1G10 1Gra 1Gte "I know I am doing something good for myself. 1 need to keep learning and keep my mind sharp. " A Senior Center participant. A Stillwater Neighborhood Service Exchange member provided ongoing visits and phone calls to another member. These contacts continued when the woman had to go to a local nursing home. "Thank you so much for everything. My family would not have had Christmas without your thoughtfulness and generosity. We really appreciate what you did for us. Happy New Year! " Tammie and children, Holiday Bureau recipients Feeling a sense of comfort and "home," friends and neighbors come together for coffee parties, teas, autumn dinners, Veteran's Day flag dedication, holiday parties and more at the Senior Centers. Brain aerobics, cribbage, bridge, and aerobics keep people's minds and bodies fine - tuned. 394 community members received tax assistance at the Stillwater Senior Center from February through April, 2005. Through the Transportation Program many clients and volunteers became friends over the year. As one driver said, "1 don 't just drive someone to the doctor — I also care about what is going on in his or her life. I enjoy getting to know the people that 1 help." et t4e A e4 e4Phimgn zoog -zoos Campaign Timeline Campaign Highlights Thank you for your generosity in helping CVS purchase and create "A Home for Volunteerism" in the St. Croix Valley. Your financial support and leadership helped us realize a dream and I am grateful. ')akrieJones Valerie lanes • In 1991 CVS entered into a 30 year Lease -to -Own agreement with the Washington County Housing and Redevelopment Authority in a building designed and built to be a senior center and administrative home for the organization. • In early 2004, while looking ahead at the future of CVS, the CVS Board of Directors determined that paying off the lease early would save CVS a substantial amount of money and allow that money to be redirected to services and programs that directly serve the needs of the community. ✓ In April of 2004, the Board of Directors voted to embark on the organization's first ever Capital Campaign to purchase the building and establish a long range maintenance fund to care for it. The goal of the campaign was $360,000. • On December 29, 2005, the CVS Board of Directors completed the purchase of the building. w 100% of CVS Board members demonstrated leadership and support for the organization by contributing financially and volunteering for Campaign specific fundraising activities. w More than a dozen staff and community volunteers worked hard to share what they love about CVS and spread the word about the Campaign through our direct mail appeal letter. w The community helped to support the creation and dedication of the Vi Russell Community Room. Vi Russell was the first Executive Director of Community Volunteer Service and continues to be an active volunteer on the Board of Directors. Vi's legacy is a commitment to organizing and supporting volunteers in order to address community needs. A Special Note of Thanks from the Executive Director In thanking various donors who have contributed to the CVS Capital Campaign, I have often said that embarking on a Capital Campaign requires an effort that goes above and beyond the operational support an organization like ours needs to stay in business. We have asked our donors, friends, volunteers, and family members for support that was in addition to our day to day needs. Moving forward in the Capital Campaign process, I have been amazed by the number of people who have stepped up to contribute. The level of generosity shown by the residents, organizations, and businesses in the region is a testament to the value that Community Volunteer Service and Senior Centers adds to the community through our programs, services and connections to volunteer opportunities. Such generosity is also a sign of the great trust that the public has in our ability to do mission driven work. The Board of Directors, staff and volunteers of CVS know that it is a privilege and honor to have earned that trust over the years. Your trust and support are and have always been critical to our success. • • Ca t4C Campai � oundation Support ed C. and Katherine B. Andersen Foundation Bayport Foundation DeLonais Foundation Hugh J. Andersen Foundation Lakeview Hospital Mardag Foundation Margaret Rivers Foundation St. Croix Foundation Individual Donors Mike and Connie Adams Julie Ahlman Sarah J. Andersen Donald and Lucy Anderson Gerard and Patricia Anderson Lloyd Anderson Yvonne Anderson Anonymous Gerald and Rosalynn Asmus Eugene and Nancy Bell Ann Bellows Jessie Berggren James and Phyllis Bjork Jammi Hansen Blair and Sean Blair Lucille Blickenderfer (in memory of John Blickendorfer) vid and Dolores Bonse Marjorie Bradshaw Deb Braun Mary Bridges June Brochman (in memory of Henry Brochman) Green and Joyce Bryant Anita Buck Harold Buckentin Mary Buckentin Martha Burch Alberta Burns John and Mariam Calkins Margaret Carasik Dean and Emilie Carlson Mary and Bob Cecconi C. R. Chapman Les and Dagne Christenson Shirley and Clinton Christianson Elinor Cihlar Margaret Clarey Kathy and Bill Conley Jay and Jean Corey Michael Curtis Robert and Virginia Daniels Bonnie Davis Cub and Judy Davis Barbara Dahlke . nald n Delander na and Ernie Dielentheis (in memory of Mabel G. Moulton) David Durand (in memory of Rose Durand) Jean Duwe Brian and Cathy Dyball Robert Eardley C Dntri oa. tdrs (in memory of Marion Eardley) Carol Ehnert (in memory of Al Ehnert) Bonita Eichten (in memory of Robert J. Eichten) Mary and Robert Eshleman Linda Facklam (in memory of Hughie Russell) Richard Fischer Mary Fletcher (in memory of C. Phil Fletcher) Joyce and Bob Flynn John Fristik Janet Garlock D Jo Gascoigne Lyman Geary Mickey Gersting Susan Gillman Lloyd and Gloria Goble Lois Granfenstein Donald Hansen (in memory of Marion Hansen) Lil Hartland Donald and May Harvey Robert and Doris Hayner Barbara Held Stella Hendrickson Kathryn Hinman Mila Horak Roger and Patricia Hoyt Susan Jadwin Lucille Jahns (in memory of Walter Jahns) Paul Jennings Irvin Johnson Kathleen Johnston David and Louise Jones Alan and Doris Karls Earle and Freya Kask Barb Klemme Donald Knops Connie and John Kogler (in memory of Eldon Sanders) Erline Kogler Robert and Marguerite Kohl Neil and Deborah Kruger Eugene and Karen Lampi Virginia Lang Marcie Lantz (in memory of Bob Lantz and Bob Schell) Gerald and Joyce Larson Warren Lassen Joan Loer Margaret Lonergan Daniel and Veronica Lucas M. Josephine Lupient Ronald and Jean Lugge Francis Maddox Richard Martin Mary McDonough Helen and William McKnight Vaughn and Catherine McNeal Eileen and Les Meader Joan and Richard Meierotto Louella Merten Lorraine Miller Virginia Miller Harriet and Durward Minks Leona Minks Mr. and Mrs. R.L. Mockler Gladys and Daniel Moen Eleanor Mohn Shirley Neeson Dana Nelson Doris Nelson (in memory of Emery Nelson) Genevieve Nelson William and Arlene Nettekoven Leo C. Neuman Eileen Newman Karl and Lora Neumeier Anna Nicklay Lota Niemand Richard and Jacqueline O'Brien John and Kathleen Oertel Addie Otte Dan Parker Keith Paul Phyllis and Donald Paulson Sr. Sylvia Perreault Larry and Sharon Peterson Nethis Peterson (in memory of Martin Peterson) Rose Peterson Gloria Phillips Jane Quist Dorothy Reeves Shirley Renfrow Paul and Karen Richtman Charlotte Robiedo Alice Roloff (in memory of Gert Roloff) Thomas and Lucille Rowland Cynthia Rupp Vi Russell George and Evelyn Rydeen Annette Sallman I. L. Sandeen Ronald and Jean Schad Nancy Schlagel Joyce Schreffler Arlene and Steve Schulze Allen and Beverly Schultz Norma Jean Schultz Mary Seines Margaret Severson Norman Shattuck Jean Sheely Iris Sherrard Karsten Sigstad Eileen Simonet Lorraine Skyberg Dorothy Spoors Marion Stahl (in memory of Merrill B. Stahl) Lasilla Stephenson Jeannine Stiteler Mary Storck Phyllis Sullivan Ida Szczepanski Carlos and Nancy Taylor Linden and Wilma Terwilliger Dorothy Teske (in memory of Robert W. Teske) Elaine Thomsen Helen Thomsen Helen Torelle Warren and Elizabeth Utecht Betty Vandenberg Helen Van Slyke (in memory of Michael Van Slyke) Richard and Marie Virock Agnes Watrin Eve Webb Jule Weyker Arlene Wicklander Nelda Wieland Robert and Riva Wilfer Claudine Will Frances Wohlwend Hazel Wolf William and Virginia Wolner Lloyd and Mary Zieske Vi Russell Community Room Julie Ahlman American Association of University Women- St. Croix Valley Branch Carol Banister Al and Karla Bataglia Mary and Bob Cecconi Kathy and Bill Conley Ronald and Paula Dexter Brian and Cathy Dyball Bob and Joyce Flynn Lyman Geary Robert and Patricia Lockyear Katie O'Brien Jeanne and Leonard Skolnick Thomas and Sharon Speich Rob and Mary Weber Businesses and Organizations American Legion Post 48 First State Bank and Trust of Bayport Foley, Kalseim & Co, Ltd. Fraternal Order of the Eagles No 94 Jennings State Bank Lake Elmo Bank Lawn Green, Inc. McGarry Kearney Agency, Inc Oak Meadows (in honor of all volunteers who work with seniors) Sam's Club, Woodbury St. Croix Valley Retirees Club, AFL -CIO St. Croix Drug Co. T.H.T. Inc. H Thomsen Wildwood Lions Club Xcel Energy Gift Matching Program ev Ht'nt'r.S Vi Russell Award for Excellence in Volunteer Leadership The Vi Russell Award for Excellence in Volunteer Leadership has been given since 1994 to individuals who have demonstrated excellence in volunteer leadership by leading, inspiring, and organizing volunteers to engage in meeting local community needs. The Award is named after Ms. Vi Russell who served as the first Executive Director of Community Volunteer Service. Throughout the 1970's and 1980's, Vi acted as an advocate and leader for the state of Minnesota in the field of volunteerism. Community Volunteer Service and Senior Centers ecling People Yy Enriching LiVeS Sadly, Sharon passed away on January 7, 2005 from amyotrophic lateral sclerosis (ALS). "Helping people was always in her heart," Greg reflected. "She was always there for a friend. Sharon was devoted, had a heart of gold . . . would do anything for these people. She gave her life to them, often working 12 -14 hour days." Greg Langdon and Vi Russell Through love, Greg and Sharon Langdon founded Christian Care Services — a free service provided entirely by volunteers assisting the elderly with home management tasks and enabling them to remain in their homes. For leadership in organizing and inspiring their many volunteers, Community Volunteer Service and Senior Centers (CVS) selected Greg and Sharon Langdon as the 2005 recipients of the Vi Russell Leadership Award. In 1995 Christian Care Services completed its first year with 11 service calls made by Greg and Sharon. This was a good start, but after their church pastor explained how their service could extend to hundreds with the help of volunteers, they set out to do just that. Christian Care Services became a non -profit corporation with Greg as president, Sharon as executive director, and other dedicated individuals as board members. Using their complementary strengths, Sharon performed all of the administrative duties, and Greg was the equipment maintenance man. Volunteers were sought through local newspapers and registration with the Volunteer Center. Last year about 150 volunteers completed 2,300 work orders through Christian Care Services across the Twin Cities, in 10 counties; in cities ranging from Buffalo to Hastings to Stillwater. Community Involvement Awards The Community Involvement Awards were first developed in 1975 to recognize volunteers in Washington County for their exemplary volunteer service. Community Volunteer Service and The Washington County Board of Commissioners are collaborative sponsors of the Community Involvement Awards program, recognizing volunteers for their Lifetime and Outstanding achievements and honoring Youth volunteers for their contributions. Youth Volunteer Award 2005: Michael Swanberg Michael designed a table shelter, organized a crew, and built the structure at Lake Elmo Park Reserve modern campground. This improved the after hours registration at the campground by allowing campers to register on a protected table, and has proven its value to the park. It required many hours of planning and preparation to complete the project and allowed him to earn his Eagle Scout rank for the Boy Scouts of America. Greg and Sharon Langdon Lifetime Achievement Award 2005: Barbara Mack A car accident when she was 20 years old changed Barb Mack's life forever. Paraplegic and deaf in one ear, Barb helps other understand that disability is part of life, not the end of it. She's open and honest, sharing her own story. During this past year, Barb has been a disability awareness trainer for Courage St. Croix, educating 400+ volunteers at the Center. She has also served on the Volunteer Leadership Council and for the Courage Center's Communicating Kids program. Barb has also been a Bridge Bunch (PACER) puppeteer for School District 622. She was a note taker for special needs students while at Metropolitan State University. She was a liturgical minister at St. Thomas the Apostle and volunteered there in other ways, working on social justice issues, Pastoral Council, Coping With the Holidays Program for divorced or separated adults, and consulting on accessibility issues during renovation. Barb began volunteering at a young age and hasn't stopped since. Disability awareness, advocacy, and volunteerism are a way of life. Lifetime Volunteer Award 2005: Deanna Skoug Deanna has volunteered in Washington County for 27 years, contributing more than 21,000 volunteer hours to the community, helping people of all ages. Her range of service to area organizations varies from 11 to 27 years. In 2005 Deanna has contributed more than 780 volunteer hours to several local organizations. She made over 750 calls to clients and volunteer drivers to coordinate rides to medical appointments for the Community Volunteer Services Transportation Program. She provided needed social connections and nutrition by delivering 350 meals to homebound seniors with HSI's Meals -on- Wheels program. With the American Red Cross she has served as a Bloodmobile volunteer, calling 140 people to schedule appointments for donating blood. Since 1980 she has volunteered in numerous ways for the First United Methodist Church of Stillwater. Over the years she has served as Bible study group coordinator, Ladies Circle coordinator, funeral meals leader, and has taught Sunday School for 26 years. At the Stillwater Senior Center she has worked as a Vision Team and Steering Committee member and has assisted with special events at the Center. Outstanding Volunteer Award 2005: Donald D. Bromen Don has distinguished himself over the past year as a tireless and passionate volunteer, devoted to the betterment of his community In particular, his efforts on behalf of the St. Croix Valley area youth and individuals with developmental disabilities are deserving of recognition. As a youth coach, he has donated hundreds of hours to the Stillwater Area Schools girls and boys basketball and soccer programs. Additionally, he spends eleven weeks each year in the classroom as a volunteer teacher for Junior Achievement. As a volunteer board member with East Suburban Resources (ESR), Mr. Bromen attends both monthly and special meetings, plus works closely with ESR's Executive Director to advocate for the vocation rights of adults with developmental disabilities. 250 men and women have benefited from his efforts. He has taken a special interest in the agency's welfare -to -work initiative Partners for Success, donating computers from his business to develop a computer lab to help public assistance recipients learn critical employment skills. Over twenty residents of the Parkside Apartments received computer training thanks to his efforts. Several of these individuals later left welfare by obtaining clerical positions. Z4iink Vtnteers Mohamed Ahmed Ryan Connors Rose Gianfranceschi Margaret Irwin Judi Alden Bobby Connors Isabelle Gieseke Dorothy Iverson Georgia Alver Terry Connors Beverly Gillson Norma Jean Ryan Anderson Jim Connors Gloria Goble Jean Jensen Jerry Anderson Blanch Coppa Helen Goldberg Donna Jensen Pat Anderson Carol Costello Steven Gordon Maurice Jensen Yvonne Anderson Patrick Courtney Shirley Green Pam Johnson Elaine Anderson Lolita Cox Don Grenier Ardis Johnson Monte Andrews Kenneth Crabb Joen Grieb Elaine Johnson Bruce Arones Shirley Crane Patricia Grover Iry Johnson Joyce Arones Kelly Culhane Briana Gruenwald Judy Johnson Jerry Asmus Charlie Cushman Jeanette Gustafson Pat Johnson Rosie Asmus Bonnie Dahl Ellen Habben Ruth Johnson Michelle Bailey Jesse Daly Mildred Hafeman Carolyn Jones -Saete Phyllis Ballard Chris Daly Megan Hagel David Josephson Patricia Barnett Frankie Daly Shirley Hagle Sandra Justin Barb Barrett Virgie Daniels Sue Haines Wendy Kaiser Al Bataglia Bob Daniels Jerry Haley Sue Kalow Karla Bataglia Bonnie Davis Chloette Haley Gary Kalow Marie Bauer Mary Del Luke Haley Al Karls Donna Beale Joan DeLeon Anne Hallgren Freya Kask Dick Beberg Mary Deutsch Loren Hammond Earl Kask LynnEll Bechel Gladys Diethert Nou Hang Carol Kelm Kathleen Bell Deborah Dora Ed Hangge Louis Kemm Eugene Bell Herman Dornfeld Alicia Hansen Kathleen Klein Eileen Bell Robert Drehmel Linda Hansen Shirley Klenk Liz Bernardin MariJayn Duchene Donabelle Hansen Bob Kline Berene Beske Brian Dyball MaryAnn Hanson Mary Klein Lois Bishop Cathy Dyball Haidi Hanson Judy Klos Phyllis Bjork June Eagleton Pamela Harmon John Kloss Lucille Blickenderfer Robert Eardley Alice Harriman Jane Knapp Susan Bohrer Alyssa Eder James Hart Karen Knipe Mary Bolton Carol Ehnen Lil Hartland Gayle Knutson Jatani Boru Donna Eichten Adam Harvey Paul Kontos Beverly Boyer Kim Eikevik Don Harvey Michelle Kost April Breidenstein Phyllis Eliason Beverly Harvieux Les Krongard Brent Breidenstein Ruth Ellingson Sharon Haukom Neil Krueger Chris Breidenstein Kristi Emerson Sharon Hawkins Rae Kupferschmidt Dawn Breidenstein Mary Engler Sara Hayden Al Kupferschmidt Tom Brennan Karen Erickson Peggy Hayden Virginia Lang Nancy Broderick Mary Eschleman Susan Heath Don Larson Pat Brown Virginia Etzold Lu Heggerness Warren Lassen May Bruning Iten Ezz Anthony Henderson Allan LaValier Harold Buckentin Mohamed Ezz Stella Hendrickson Ed Lawson Mary Buckentin Linda Facklam Denise Herrmann Lu Lawson Teri Bureau Pam Faye Dori Hietala LaWanda Lemcke Bob Burger Dennis Ferche Jim Hinirer Rich Lemcke Janet Butler Greta Ferguson Mary Ann Hoang Dick Loer Barbara Bylander David Ferguson Lillian Hoffmann Margaret Lonergan Alice Cahanes Dana Ferguson Kirk Hogberg Rosemary Luckey Joel Carlson Tom Folz Joy Hogenson Kathleen Luckmann Emilie Carlson Gloria Foss Iona Holsten Marion Mack Connie Carlson Ed Fredrickson Ann Hooley Laurie Maher Kate Caspen Mary Jo Freely Joyce Hooley Anil Mangla Claire Cassell Ann Freitag Edith Hophan Donna Maria Marie Cassidy Susan Frieler Vern Hophan Grace Marquardt Dagne Christensen John Garritsen Glenn Hoppe Adeline Marshall Pat Christensen Connie Garritsen Richard Hovland Laurie Masanz Margaret Clarey May Garvey Bill Howes Laura Mayaka Tim Clarke Tori Garvey Jan Hoye Erika Mayaka Chuck Clausen Dyane Garvey Janice Huffman Kelly McCall Kathleen Cloutier Chris Garvey Bill Huhnke Nancy McCarty Linda Condor Lyman Geary Cynthia Huhnke Charolette McIntosh Kathy Conley Molly Gerlach Karen Hulstrand Jim McKinney Bill Conley Chris Gerlach Elonda Humphries Bill McMackins Nathan Conley Mickey Gersting Meg Hunter Catherine McNeal • • • Vaughn McNeal Lynn Raarup Thomas McNiff Rosa Raarup Les Meader Helen Rachel Eileen Meader Annie Rademacher Janice Meier Dorothy Radke Joan Meierotto Audrey Ratkovich Terry Merrigan Nancy Raymond Louella Merton Maureen Reed Donald Mielke Ron Reeder Lorraine Miller Gloria Reichert Zita Miller Joe Reichert Jayne Miller Shirley Renfrow Linda Mills - Krebsbach Orlean Richards Harriet Minks Steve Ridgeway Kathy Miron Lu Rielander Gladys Moen Ann Rinkenberger Eleanor Mohn Marlene Ritter Jim Mondor Abbie Rivard Evelyn Monsen Noelle Rivard Renee Montpetite Mary Rivard Tom Mosman Tony Roadknight Mark Muellerleile Char Robledo Gayle Mullen Carroll Rock Dianne Narusiewicz Nicole Rocker Shirley Neeson Joann Rockstroh Gen Nelson Flo Roering Dana Nelson Gerry Roettger Karen Nelson June Rogers Eileen Neuman Patsy Rollwagen Don Neurauter Patricia Ross Lota Niemand Gaylord Rous Olivia Nienaber Lucille Rowland Sophia Nienaber Charles Rud Inky Noreen John Rudy Sally Novick Vi Russell Shirley Nyberg Hughie Russell Katie O'Brien Inez Sandeen Germaine Ogren Patty Savage Al & Marcella Okerman Jim Schattauer Hugh Osbom Megan Scheletty Jolie Palensky Marge Schell Georgie Palmer Cheryl Schindler Lorraine Parent Melissa Schindler Mary Perkins David Schindler Sylvia Perreault Nancy Schlagel Inez Peschel Joyce Schreffler Debra Peterson Joe Schreifels Sharon Peterson Allen Schultz Larry Peterson Bev Schultz Wayne Peterson Dan Schultz Mary Peterson Norma Jean Schultz Richard Peterson Wendy Schultz Nethis Peterson James Schulz Jack Petrie Mary Seines Diane Petterson Don Sergi Gloria Phillips Kathy Serold Dick Piepgras Jim Sievert Annette Pierre Karsten Sigstad Cindy Plante Marie Simeone Janet Plaster Shirley Simonson Orlin Plath Deanna Skoug John Pletcher Jeanette Slaughter Michelle Plocher Anthony Smith Lisa Powell Karen Soper Cory Powell Bob Sorbel Christopher Powell Carrie Sorenson Julie Prielipp David Spencer Paul Quinn Daniel Spielman Dan Starr Pat Vierz Judy Steffenhagen Evelyn Vincent Mary Ann Stellmach Joyce Vogelpohl Cathryn Stephenson Heather Voight Debra Stiles Violet Wagoner Mead Stone Bob Waldron Verna Stone Ileen Waldron Mary Storck Christine Walkinshow Bill Stradtman Pat Walters Ida Szcyepanski Billie Weaver Lynn Taival Eve Webb Mary Tallackson Judy Weber Nancy Taylor Gwen Welch Winnie Tegge Lary Weller Linden Terwilliger Mary Jo Weller Marion Thompson Ruby Westbury Helen Thomsen Mary Whalen Elaine Thomsen Phyliss White Mary Thom Dennis White Kay Trent Diane White Margaret Trent Nelda Wieland Carl Tubbs Jesse Williams Jeff Tucker Bill Wilmes Rick Tungseth Don Wilmes Carol Turenne Loretta Wilmes Hazel Ulrich Joan Wilson Warren Utecht Harold Wittich Beth Utecht Harry Wolf James Valento Lisa Wolff Rachel Valento Neal Woodhouse Cindy Valento Adrell Worley Abbey vanderBent Bev Wrobel Teresa vanderBent Marion Zimney Casey vanderBent Mabel Zolldan Abraham vanderBent Robert Ver Charles Vierow 4e VeeKe s VLCKnteers In 2005, more than 500 volunteers contributed 12,346 hours of service through CVS programs alone. The value of a volunteer time and talent is calculated each year by the Independent Sector. In 2005, the value was $17.55 per hour. In 2005, CVS volunteers contributed service valued at $216,672. We could not do our work without you! Volunteers working at other organizations in the St. Croix Valley give an estimated $4.3 million dollars of time and talent each year. ph it Jon t44 nks to 4le vo(knteers! or stie4 4 tlf.ona(eri $i� ZOO f etrntli6Kttrrs Mike and Connie Adams Clinton Christianson Rodney Bryce Harvey Elizabeth Kukuska Julie Ahlman Shirley Christianson Beverly M. Harvieux Jerry Kukuska Ellen Albertson Janet Churchill David and Margaret Gordis Kunshier Lauretta Albrecht Margaret A. Clarey Hayden Judy Kunshier Lloyd Anderson Pearl Classen Dorothy Hayes Rae Kupferschmidt Lucille Anderson Margaret Clausen Robert Hayner Virginia Lang Margaret Anderson Richard Conners Harold (Jay) Heggerness Marcie Lantz Patricia Anderson Blanch L. Coppa Lu Heggerness Gerald Larson Yvonne Anderson Joanne Cree Betty Heimel Joyce Larson Richard Armstrong Roger Cree Barbara Held Shirley Lavell Gerald W. Asmus Bonnie Dahl Stella Hendrickson Edward L. Lawson Rosie Asmus Barb Dahlke Paddy Henne Lucille P. Lawson Leslie & Leota Axtell Carolyn DeLong Marlys Herman Rachel LeVasseur Darlene Baker Louise Denman Jean and Rod Hobson Mauritz & Hazel Linder Dorothy Bakke Janet Deppa Sharon Holtan Joan E. Loer Gene Bartkey Ronald Deppa Ann Hooley Margaret Lonergan Sophia Bartkey Paula & Ron Dexter Edith Hophan Marion Longlet Beverly Bartz James & Barbara Vern Hophan Thomas Longlet Karla Bataglia Dickinson Jan Hoye Richard Longlet Marie Bauer Donna Dielentheis Roger and Patricia Hoyt Helen J. Low Charlotte Beck Ernie Dielentheis Barbara Hudson Daniel Lucas Barb Becker Gladys Diethert Bill Huhnke Earl W. Ludowese Clara Behrman Lorrayne Dixon Cynthia Huhnke Marion Mack Eugene (Peanuts) Bell Claire Dunlap Donna Jane Hurley Kathleen Magyar Dorothy Benson Donald F. Dunlap Harold Iverson Grace Marquardt Mildred Berg Jean Duwe Ralph and Mary Ives Dorothy Marty Eleanor Berggren Brian & Cathy Dyball Lucille Jahns Jean Mattson Liz & Rod Bernardin Lois Edstrom Donna Jensen Edwin McCarty Lois Bishop Carol Ehnert Jeane Jenson Mary H. McDonough Phyllis Bjork Mary Engler Maurice Jenson Bill McKnight Lucille Blickenderfer Louise Engwer Annette Johnson Helen McKnight Joyce Bloomstrom Diana Ensign Bob Johnson Lola McKnight Robert Bloomstrom Roy Erhorn C. Jean Johnson Eileen Meader Frank Borach Eugene Ermisch Douglas Johnson Les Meader Marjorie Bradshaw Dee Ervin Elaine & Robert Johnson Joan E. Meierotto Irene Brandvold Mary Eshleman Irvin V. Johnson Richard Meierotto June Brochman Helen E. Falde Marlyn 0. Johnson Harold C. Meissner Patricia Brown Ken Felland Ruth L. Johnson Sondra Membrez Thomas Brown Richard M. Sr. Fischer Glenn H. Johnston Arlene Meyer Mary L. Bruning Iva Fleming Kathleen B. Johnston Lorraine Miller Green Bryant Bob and Joyce Flynn James Juen Zita Miller Anita Buck Dorothy J. Fredricksen Elizabeth Julien Harriet Minks Harold Buckentin Edward J. Fredricksen Pauline M. Junker Lee Minks Mary Buckentin John Ganser Harry Jusicki Joan S. Miranda Martha Burch Janet Garlock Russell Kalk Richard Mockler Ardythe Burke D. J. Gascoigne Earle Kask Eleanor Mohn John Calkins Lyman Geary Freya Kask Jim and Joyce Mondor Mariam Calkins Jan George Ruby Kaske Esther Mork Ellen M. Campbell Mickey Gersting Audrey M. Kelly Yvonne F. Montgomery Pat Campbell Isabelle Gieseke Louis Kemm Bob Moody Margaret Carasik Phyllis Gilbert Maxine Kielkucki Esther Mordick Dean and Emily Carlson Mary Ann and Paul Glaser Arlys Kiesow Robert W. Mordick Hazel V. Carlson Gloria Goble Jean F. Kiesow Vivian Murphy Marian Carlson Helen Goldberg Janet Kilkelly Shirley Neeson Dale Carmichael Bob Goodman Lorena Kime George and Mary Nelsen Nancy Carmichael Lorraine Gray Elvira Klinefelter Dana L. Nelson Sonia Caudle Doris Grenier Jane Knapp Doris M. Nelson Evelyn Caza Mary Gunderson Arthur Knutson Genevieve V Nelson Dorothy Chalupsky Millie Hafeman Elrine Kogler Lois Nelson Pat Chapman Jo Hansen Marge and Robert Kohl Lydia Nelson Lola Christensen Joyce Hansen Barb Kopp Sandra Ness Joy Christensen Benora Harcey Beverley Kraemer Leo C. Neuman Dagne Christenson Lillian A. Hartland Zella Kroshus Don Neurauter • • Eileen Newman Anna Nicklay Lota Niemand Ramona Nowling Shirley Nyberg James and Phyllis O'Connor Betty O'Cordan Germaine Ogren Jo Ann Ohrt Robert & Mary Olson Jackie Opine June & Bob Osborne Adeline L. Otte Lorraine Parent Phyllis Paulson Sylvia Perreault Inez Peschel Darlene Peterson Nethis Peterson Patricia Peterson Rose Peterson Diane Petterson Florence L. Placzek Cindy Plante Evelyn and John Podeszwa Kathy Pominville Cheryl Probst Rita Proulx Ruth Pyles Jane A. Quist Helen Rachel Bill Rahm Catherine Rankin Olga C. Reese Dorothy Reeves Kathleen Reichert Karen Richert Marlene Ritzer Charlotte Robledo Geraldine Roettger Alice Roloff Lucille Rowland Tom Rowland Vi Russell Evelyn Rydeen Roxanne Sacchetti Louis Sager Sylvia Saeger Inez Sandeen Helen Sasser Jean Schad Ron Schad Donna Schelander Robert & Marjorie Schell Mary Schettle Cheryl & Dave Schindler Aloha Schmidt Margaret Schmidt Marilyn Schmoeckel Al Schultz Beverly Schultz Norma Jean Schultz Arlene Schulze Carol Schumacher Frank Schurb Therese M. Schurb Julia Schweizer Loren Seidel Mary Seines Donald and Patricia Sergi Margaret Severson Norm Shattuck Marie E. Shippee Harold & Jean Sinn Doris Skeivik Leonard and Jeanne Skolnick Deanna Skoug Paul Skoug Lorraine Skyberg Leona Smith Marion Soller David and Mary Spencer Wallace Spreeman Cal Stefanski Your generous contributions allow CVS to offer programming and suppo • r of the St. Croix Valley. Contributions can be mailed to CVS at 2300 Orleans Street West MN 55082 OR you can donate online by visiting ou Website: www.volunteercvs.org, Click on Donations to CVS, then Donate Online. Adele Steinbeiser Patricia Steinmetz Lasilla Stephenson Jeannine Stiteler Mary Storck Carolyn Stutrud Phyllis Sullivan LeRoy and Norma Swanson Donna Swanstrom Clayton Syverson Ida J. Szczepanski Mary Tallackson Carlos Taylor Nancy Taylor Dorothy Teske Marion Thompson Elaine Thomsen Helen Thomsen Leon & Sharon Thurmes Mickey Thurmes Wynona Torgerson Florence Trenda Margaret Trent Hazel Ulrich Helen VanSlyke Myrtle Vollmer Muriel Waisley Marge Wald Bob and IleenWaldron Edna Wall G.E. Warling Lucille Warthen Virginia Weaver Eve Webb Mary & Rob Weber Marion Weiss Virginia Weiss Loretta Weissenborn Rolle Weissenborn Larry Weller Mary Jo Weller Gurthany Wells Jule Weyker Arlene Wicklander Nelda Wieland Robert Wilfer Claudine Will Cleora Williams Martha A. Williams Roger and Mary Wohlers Virginia Wolner William Wolner Jack & Adelle Young Winona Zechmann Lloyd Zieske Mary M. Zieske Mable Zolldan Businesses and Organizations Andersen Corporation American Legion Auxiliary American Legion Post 491 Bayport Bayport Tuesday Reading Club City of Stillwater First State Bank and Trust of Bayport Fraternal Order of the Eagles #94 Fred C. and Katherine B. Andersen Foundation Friday Bridge Club Friday Study Club Historic Courthouse HOA Office Furniture Hugh J. Andersen Foundation Margaret Rivers Fund Memorial Lutheran Church MN Kinship Caregivers Association Our Savior's Lutheran Church Primrose Club River Valley Lions Club S &C Bank St. Croix Area United Way St. Croix Valley Friends St. Charles Church St. Paul Lutheran Church Stillwater Cub Deli Dept. Stillwater Eagles Auxiliary #94 Stillwater Elks #179 The Bayport Foundation The Hubbard Broadcasting Foundation Trinity Lutheran Church Tozer Foundation West End Group Xcel Energy Foundation 3M Foundation, Volunteer Match Every attempt has been made to ensure the accuracy of these lists. CVS sincerely apologizes for any omissions or spelling errors. 2003 ,Fdki rah Zireettrs President Past President Treasurer Secretary Directors ctrwm tnity V2CKnteer c 5 erviee Etna% cS ent`Lr Centers S to f Executive Director Associate Director Program Director Stillwater and Bayport Senior Centers Program Manager Bayport Senior Center Program Director Volunteer Center Program Manager Neighborhood Service Exchange and Transportation Program Manager Transportation Program Receptionists Mary Cecconi Julie Ahlman Dan Parker Nancy Schlagel Deb Braun Kathy Conley Joyce Flynn Lyman Geary Paul Jennings Program Coordinator Volunteer Center and Holiday Bureau Program Assistant Stillwater and Bayport Senior Centers Eileen Meader Keith Paul Vi Russell Annette Saliman Valerie Jones Mary Weber Karla Bataglia Sue Schultz Mary Rivard Cathy Dyball Barbara Lundgren Cheryl Schindler Pam Johnson Patsy Rollwagen Jan Scheuffner Community Volunteer Service and Senior Centers 2300 West Orleans Street Stillwater, MN 55082 • www.volunteercvs.org phone: 651 - 439 -7434 fax: 651 - 439 -7616 to • CITY OF STILLWATER CITY COUNCIL MEETING NO. 06 -12 June 20, 2006 SPECIAL MEETING 4:30 P.M. Mayor Kimble called the meeting to order at 4:30 p.m. Present: Councilmembers Harycki (4:55), Junker, Milbrandt, Polehna and Mayor Kimble Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Interim Public Works Director Sanders OTHER BUSINESS Sketch Ian and annexation discussion for Mannina Station. a residential development planned at Mannino Avenue and McKusick Road Community Development Director Turnblad told the Council the Planning Commission had discussed the sketch plan at two consecutive meeting. The Commission's main concern, he said, was the proposed density. The development team revised the plan to address that concern and scaled the plans back. The revised plan proposes 58 lots, 47 of which would be single - family with the potential for 11 lots, at most, to be two - family units, for a density of 3.5 units per acre on the 20 -acre site. The proposal is now consistent with the Comprehensive Plan, he said, as well as the CR zoning district. The Planning Commission recommended conceptual approval on an 8 -0 vote. The issue of timing of the annexation received a split vote from the Commission, he said; vote on that issue was 5 -2, with 1 abstention. On the annexation issue, Mr. Turnblad said the minority vote was due to a concern that annexation /development is moving along citywide at an uncomfortably fast pace. Marc Putnam, Putnam Planning & Design, reviewed the plans. He said the site has been studied extensively as to how best to accommodate the extension of utilities, as well as in anticipation of future improvements to Manning Avenue. The most efficient road plan that created the best development design plan includes a rather long, single- loaded road. That configuration leads to a central open space, which incorporates the rail line for the Zephyr and location of a former rail station. Entering the development, one goes around a rather large park facility that includes a multi -use athletic field, a shelter, several volleyball courts, tennis court and play structure. He also reviewed berming and ponding that are not only functional but aesthetic enhancements. He said extensive discussions have been held with surrounding property owners, with no conclusion to those discussions at this point. However, Mr. Putnam said he is convinced that the use of the existing Merry Lane is the best way to serve all of the properties. There was a question about street width. Mr. Putnam said the one -way street around the central park is proposed to be 20 feet wide, two -way streets in the remainder of the development are proposed to be 28 feet. Councilmember Milbrandt expressed a concern about parking in the vicinity of what has the potential to be a high -use park. Councilmember Polehna agreed with that concern. Councilmember Polehna also City Council Meeting 06 -12 June 20, 2006 suggested that the size of the central park isn't large enough to accommodate all the facilities mentioned by Mr. Putnam in his presentation. Councilmember Junker noted that the Planning Commission did not address the park details in its consideration of th� plan; it also was pointed out that the Park Board has not yet reviewed the plan. Councilmember Milbrandt expressed a concern about all traffic exiting onto Merry Lane to McKusick Road to Manning Avenue, an uncontrolled intersection. Mr. Putnam spoke of the possibility of future connections with the Settler's Glen development at Abercrombie Lane. Councilmember Harycki asked if any traffic studies had been conducted to determine the impact of this development on Manning Avenue, and noted that the Manning /McKusick intersection is already a busy one, without this proposed new development. Councilmember Milbrandt pointed out this site is located in the Phase 4 annexation area and questioned why this proposal was being considered at this time. Mr. Putnam explained that the proposal is being made at this time because they believe it is a good plan and because there is a need to run utilities to serve property to the north that this development might assist in funding. Councilmember Milbrandt said he could not support moving forward, citing unresolved traffic issues on Manning and McKusick/Boutwell intersections. Mr. Putnam said the City's transportation district improvement fees are intended to help solve some of those problems, another reason why they decided to move forward with the project at this time. There was discussion about the need to extend utilities along Merry Lane to serve the Millbrook development. There also was discussion as to the timing /extent of future improvements to Manning • Avenue; it was noted that the County plans for future improvements do not include signalization of the McKusick/Manning intersection. Mayor Kimble pointed out that the issues on Manning Avenue are regional issues, not a City issue. Mayor Kimble noted the action requested of the Council was to give the development team a general view of the proposal; he spoke in favor of the plan and moving forward. Councilmember Milbrandt suggested that perhaps the action ought to be a straw vote on the annexation issue. Councilmember Junker spoke of a concern about additional developments in the western portion of the City and the lack of north /south connector streets. Councilmember Harycki said he would be hesitant moving forward without a solution to the extension of Neal Avenue, a north -south connector; he said it might be interesting to have a traffic study to determine the impact of extending Neal Avenue. Councilmember Polehna said it would be a mistake to not address traffic issues ahead of development; he also said he thought there would be a future problem with noise from the Zephyr train. Mr. Putnam responded to the comments regarding traffic issues and housing development trends — big, national developers versus small, local developers. Mr. Putnam asked if it might be prudent to do a traffic study to determine the impact on McKusick; Mayor Kimble noted one had already been conducted, but might be updated. Councilmember Polehna said he didn't expect the Council would be expected to make a decision at this meeting. Mayor Kimble brought the discussion to a close by suggesting that Mr. Putnam had an indication of the Council Members' positions; no formal action was taken. Page 2 of 16 • • • • City Council Meeting 06 -12 June 20, 2006 Discussion of potential development of 232 N. Main by St. Croix Preparatory Academy Community Development Director Turnblad explained that the Academy is looking at a potential permanent site, one of them the former Associated Eye Care building on Main Street. The property is zoned CBD, and schools are a permitted use in that zoning district. He noted that schools have pros and cons related to their location in a downtown. Principal Jon Gutierrez briefly described the school, a K -12 charter school. Facilities have been the largest challenge, he said. The school has spent the last 18 months looking for facilities, he said, with alternatives ranging from talking with School District 834 about a possible rental /purchase of one of the District's buildings to renting one of Imation's vacant buildings. One of the things that attracts the school to the downtown location is the Academy's focus on community service and involvement in community projects, he said. Marc Putnam, Putnam Planning & Design, spoke of the philosophy of urbanism and the goal of returning institutional uses to downtown. The mixture of uses and keeping children intermixed with work, rather than isolated, helps kids become civic wise and civic involved„ he suggested. Mr. Putnam reviewed the site and some preliminary designs regarding uses and massing. He also reviewed possible busing routes. Mr. Gutierrez explained that District 834 does the busing for the Academy. There are 8 buses that drop students off between 8:40 and 9 a.m. and two buses that do pickup; he said it is not anticipated there will be any increase in the number of buses. Mayor Kimble asked if discussions had been held with potential funding sources regarding the potential for reuse of the building should the school use be abandoned at some point. Mr. Gutierrez said such discussions had been held with two potential financing sources. Mayor Kimble noted that the school use is not during the City's prime traffic /parking demand times. Councilmember Harycki asked about parking requirements; Mr. Turnblad said from strictly a school staff standpoint, the proposed 162 parking spaces would be adequate. Councilmember Junker said he was in favor of pursuing the idea in a conceptual manner, speaking of the mixed uses and uniqueness that a school can bring to a downtown. Councilmember Harycki stated he liked the concept and said he liked the idea of having young people in the downtown. Councilmember Polehna agreed that the concept has merits, but also noted that traffic is likely to be a potential source of discussion. Councilmember Milbrandt said he, too, thinks the concept is intriguing and cautioned about the traffic; he also referred to the new downtown height guidelines. Mayor Kimble said he thought a school would be a great addition and said he looked forward to future analysis of plans. The meeting was recessed at 6:17 p.m. REGULAR MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7 p.m. Present: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Page 3 of 16 City Council Meeting 06 -12 June 20, 2006 Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Dauffenbach Interim Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE IN OBSERVANCE OF THE 4 OF JULY Julie Kink led the Council and members of the audience in the Pledge of Allegiance in observance of the Fourth of July. APPROVAL OF MINUTES Motion by Councilmember Junker, seconded by Councilmember Harycki to approve the June 6, 2006 regular and recessed minutes. Motion passed unanimously. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation for Harry D. Peterson — Mayor Kimble read a proclamation declaring July 9, 2006, as Harry Peterson Day in the City of Stillwater in recognition of his birthday an0 his many accomplishments and years of service to the community. OPEN FORUM Pete Crum, a candidate for Washington County Sheriff, introduced himself and his vision for the role of the office of the sheriff. Leif Erickson, 920 Towne Circle, Stillwater, the unofficial spokesperson for several Towne of Oak Glen and McKusick Lake residents, gave a Power Point presentation regarding plans to harvest McKusick. He said residents favor the plans to harvest the weeds /algae but oppose the City's proposal to assess half the cost to residents. He said residents are opposed to the assessment because they are of the opinion the algae bloom is the result of the City's Brown's Creek diversion project, rather than climatological factors. Alternatives to assessment outlined in the presentation included development of a citywide lake management program to expand the assessment to the expanded Watershed; utilization of the City's stormwater utility fund; and potentially the Intrastate Bridge Fund. He also spoke to the recreational opportunities offered by the lake and the wildlife that is disappearing due to the algae bloom. Mayor Kimble noted that MsKusick Lake is an agenda item scheduled for later in the meeting and said Mr. Erickson's testimony would be included in the public hearing comments. STAFF REPORTS Police Chief Dauffenbach told the Council that recently St. Croix County officials called the Department to Kolliner Park and about 150 people camped in the park were ejected. Page 4 of 16 • • • • City Council Meeting 06 -12 June 20, 2006 Chief Dauffenbach said the "no trespassing" signs in the park have been vandalized /removed and asked permission to place new signs. He said the department's park patrol would visit Kolliner Park on a daily basis to make sure there are no trespassers in the park. The Council approved of Chief Dauffenbach's plans. Interim Public Works Director Sanders informed the Council that the seal- coating project has been completed. CONSENT AGENDA* Administrator Hansen asked that a contract with Armor Security be added to the Consent Agenda. The contract, related to notification of alarm for the new Teddy Bear Park, amounts to about $1 per day. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to approve the Consent Agenda with the additional item requested by Administrator Hansen. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None 1. Resolution 2006 - 128, directing payment of bills 2. Resolution 2006 - 129, approving 2005 Memorandum of Agreement for Drop -off Center Recycling Grant Distribution with Washington County 3. Resolution 2006 - 130, approving 2006 -2007 Grant Agreement for Municipal Recycling Grant Distribution 4. Possible approval to purchase of video system for the police squad cars — MIS 5. Possible approval to purchase computer for Administration Department — MIS 6. Possible approval of special event — 14 annual block party — Sue Fitzgerald 7. Possible approval of banner installation — United Way — August 25 — September 21, 2006 8. Possible approval of fireworks permit for Cub Foods — June 25 — July 4, 2006 9. Possible approval of Release of 2006 Library Capital Funds 10 Resolution 2006 - 131, approval of TIF District Expansion Analysis Contract 11 Resolution 2006 - 132, approval of Armor Security, Inc. agreement PUBLIC HEARINGS This is the date and time for the public hearing to consider a reauest from US Homes for a Zoning Map amendment changing the zoning desianation from Agricultural 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 Brown's Creek and east of Mannino Avenue. This is the date and time to consider a reauest from US Homes for a Zoning Map amendment changing the zoning designation from Agricultural Preservation. AP, to CR. Cottage Residential on 69.9 acres of land. Millbrook Development (Palmer Property). located south of • TH 96, west of Neal Avenue. north Brown's Creek and east of Manning Avenue. Page 5 of 16 City Council Meeting 06 -12 June 20, 2006 This is the date and time for the public hearina to consider a request from US Homes for a Zoning Map amendment chanaina the zoning designation from Aaricultural Preservation. AP. to TR. Traditional Residential on 72.7 acres of land. Millbrook Development (Palmer Propertv located south of TH 96. west of Neal Avenue. north Brown's Creek and east of Manning. Avenue. This is the date and time to hold a public hearina to consider a request from US Homes for a Planned Unit Development for a 270 lot development on 132 + /- acres of and located south of TH 96, west of Neal Avenue, north Brown's Creek and east of Manning Avenue, Millbrook Development (Palmer Property). in the TH. Townhouse. CR, Cottage Residential and TR, Traditional Residential District. This is the date and time to hold a public hearina 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 Brown's Creek and east of Mannino Avenue. Millbrook Development (Palmer Property). in the TH. Townhouse. CR. Cottaae Residential and TR. Traditional Residential District This is the date and time to hold a public hearina to consider a reauest from US Homes for a Annexation of 132 + /- acres of land zoned TH. Townhouse. CR. Cottaae 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 Brown's Creek and east of Mannino Avenue. Motion by Councilmember Harycki, seconded by Councilmember Polehna, to continue Hearings 1 -6 to the Aug. 1, 2006, meeting. All in favor. This is the date and time to hold a public hearina to consider a reauest from Tim Freeman, Folz, Freeman. Erickson. Inc.. for a concept planned unit development for a 15 lot development on 5+ acres (Brown's Creek Reserve) in the AP. Agricultural Preservation District. Community Development Director Turnblad reviewed the project site. The development includes 15 lots on about 10 acres; lots range in size from about 10,000 square feet to about 20,000 square feet. If granted concept approval, the developers will return with a preliminary plat, annexation and other approvals in the next phase. The Planning Commission recommended approval on an 8 -1 vote, he told the Council. The Joint Board also recommended approval of the concept PUD. The Park Board also approved the trail and sidewalk improvements with cash in lieu of park land, he said. He said staff is recommending approval as conditioned. Mayor Kimble opened the public hearing. Bruce 'vverre, 1 314 Meadowlark Drive, asked where drainage would go. Tim Freeman, Folz, Freeman, Erickson, Inc., explained that the drainage plan includes a storm sewer system in the road that will be directed to a new set of holding ponds where the runoff will be treated before it ends up where it did before — Brown's Creek. The water will be � going in the same direction it was before, Mr. Freeman said. Any increase in the runoff will be treated in the ponds; the ponding also will provide opportunities for evaporation Page 6 of 16 • City Council Meeting 06 -12 June 20, 2006 and infiltration. There was a question as to what Watershed District the site is located in; Engineer Sanders noted the entire parcel is in the Brown's Creek Watershed District. Mr. Freeman said Brown's Creek staff and the DNR has reviewed the plan; the plan has not yet gone to the Watershed District Board as it is still at the concept level. Mr. Wiery raised a question about the potential of the water flowing into Lake McKusick; Mr. Sanders said this water flows into Brown's Creek, not McKusick. Mr. Wiery said he thought additional studies were needed regarding the elevation difference between this development site and Brown's Creek and Lake McKusick. Mr. Wiery called for some kind of guarantee that the water from this site will never flow into McKusick. Attorney Magnuson explained the Watershed District permitting process. Mayor Kimble noted there is no way to guarantee the actions of future governmental bodies. Councilmember Junker pointed out that what is proposed offers a better filtration of the runoff than exists at the present time. Attorney Magnuson suggested adding as a condition of approval that the City guarantees that the runoff from this development site will never flow into McKusick Lake. There was a question of enforcement. Attorney Magnuson noted that the City could sue whoever changes the flow of the water. Mayor Kimble pointed out that this Council cannot bind the actions of future Councils. Helen Terrell, who stated she has lived on McKusick Lake for 60 years, said the lake was once beautiful and is now very unsightly. She called for something to be done to get it back to the once beautiful lake that it was. Ruth Bruns, 8790 Neal Ave., asked how many acres this development includes. The development includes 9.5 acres, it was clarified. Ms. Bruns asked whether there would be additional houses if the City accepts cash versus land for park dedication. Mayor Kimble explained that there would be no additional houses; the additional land would be used to increase the size of the lots. Ms. Bruns asked about the size of the lots; it was noted that the average lot size is over 13,000 square feet. No other comments were received, and the hearing was closed. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to adopt Resolution 2006 - 133, approving the concept PUD for a 15 lot development on 5+ acres (Brown's Creek Reserve) in the AP, Agricultural Preservation District, as conditioned, with the additional condition that the City recommends that the water from this development never flow into McKusick Lake. Also directing City Attorney Magnuson to develop the specific language regarding the condition related to the water runoff. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None This is the date and time to hold a oubiic hearing to consider a request from Scott Junker for a resubdivision of two lots located at 1802 4 St N and 206 West Poplar to create a 10,000 square foot lot in the RB. Two Family Residential District Mayor Kimble noted the applicant has requested a continuance of this case, but to no specific date. Page 7 of 16 City Council Meeting 06 -12 June 20, 2006 Motion by Councilmember Polehna, seconded by Councilmember Milbrandt, moved to continue Case No. SUB/06 -25 to no specific date. All in favor. This is the date and time for a public hearing to consider an appeal of the Planning Commission's decision on a request from Mainstream Development Partnership LLC for a planned unit development for a 46.000 square foot mixed use retail, office and residential use with underground parking complex: a special use permit for residential use in the Central Business District; a conditional use permit for residential use in the flood plain: a variance to the parking regulations and a lot combination of two Tots; Lot 1 - 12,119 square feet and Lot 2 - 5,519 square feet into one lot of 17,638 square feet located at 227 North Main Street in the CBD, Central Business District. Mainstream Development Partnership. LLC. applicant. Page 8 of 16 Mayor Kimble opened the public hearing. • Community Development Director Turnblad said the Planning Commission considered this case on May 8. The two issues for the Planning Commission were the height of the building, which has since been reduced, and the number of parking spaces. Subsequent to the Planning Commission meeting, the applicant revised the plans, removing an entire floor of the building, making it three stories, rather than the previously proposed four stories. He said the applicant is asking for vacation of the parking easement over the lot to the north side of the hardware store and on appeal to approve special use permits and variances that were denied by the Planning Commission. Mr. Turnblad said he thought the main issue was parking; the height is very close to what is allowed for infill buildings, he noted. The revised building requires 116 parking spaces according to the City's parking standards, he said; 21 are provided in the building's underground parking facility. He noted the parking standards are applied citywide, but he suggested those standards may not be as applicable to a downtown district where there are mixed uses. A preliminary parking inventory was conducted, he said, which indicates there are over 2,800 parking spaces downtown. What is an unknown, he said, is how much parking is needed. Mr. Turnblad said staff is requesting permission to solicit proposals to do a parking needs analysis. Vern Stefan, one of the development applicants, reviewed the timeline of the Maple Island development. In 1997, he noted the master plan for the three phases of the Maple Island redevelopment was approved by the City Council. Approval of the master plan included a TIF agreement, a parking /lease agreement for the Maple Island parking lot, and an exchange of property on the east side of the Maple Island property for a parking easement on the north end parking lot of the hardware store. In 1998, the City began the reconstruction of Water Street. At that time, it was discovered the gas mains were not in the street, but were located in the 20 -foot strip that the City exchanged for the parking easement by the hardware store. Maple Island parking lot was upgraded to 150 spaces, 50 of which were leased by the River Market Coop, an agreement between the City and River Market. in June 2005, Mainstream Development met with Administrator Hansen and former Community Development Director Steve Russell, he said, to confirm plans to begin work on phase 3 of the Maple Island development. In 2005, 50 feet building heights were in place; the height regulations were subsequently • changed and resulted in the Planning Commission's dismissal of the initial phase 3 City Council Meeting 06 -12 June 20, 2006 plans. He noted that the Heritage Preservation Commission has given design approval to the revised building plans. Tim Stefan, Mainstream Development Partnership, reviewed the design of the project. He said he thought the revised design resolves any height issues. Councilmember Junker asked about the height from the tip of the roof. The building is 37'3 from the midpoint of the gable. There was discussion about the new height regulations. Mr. Turnblad said the new height overlay district in this area allows a building to be 35' or three stories in height, which ever is greater. In this instance, the infill regulations, which limit height to 10 percent more than an adjacent building, is more restrictive. The adjacent building is 29' in height, which would allow this building to be about 32 feet, according to ordinance. Mr. Stefan noted the plans include a gabled roof which would allow mechanical units to be housed inside and vented off the side and roof ridge. Councilmember Polehna asked about any plan to make up for the lack of parking spaces. Mr. Stefan noted that the first phase of the Maple Island development resulted in the upgrading of an unimproved gravel space into an improved parking lot. He said they would like to proceed with phase 3 in the same manner, noting that there is an existing unimproved gravel strip farther east that the City has not developed, space could accommodate 60+ cars, he said. The developers would be willing to work with the City in improving that space and have their tenants purchase parking permits, he said. Tom Workman, resident of Woodbury and owner of the two buildings to the south, noted that at one time all the Maple Island buildings were together and asked if he would have the same capability of going a little higher and tying in with that side of the building. Mayor Kimble pointed out it would be difficult for the Council to give an indication until permits were applied for, etc. Attorney Magnuson noted that the infill regulations would not apply as the Stefans new building would not be adjacent to the buildings owned by Mr. Workman. Mark Binder, current tenant in the Maple Island building, spoke in support of the project and the need for additional commercial space in downtown. Dan Schelte, attorney who works with Mr. Binder, noted that commercial tenants, such as they are, involve 9 -5 parking uses and such use doesn't impact the City's peak parking demand times. No other comments were received, and the hearing was closed. Councilmember Junker said he thought the City could live with the number of parking spaces identified in the Downtown but said he continued to struggle some with the height issue. He said he hoped the revised building would come within the 10 percent restriction for infill buildings. Councilmember Milbrandt agreed with the concern regarding the height and said having just implemented new height guidelines; he was not prepared to make the first applicant an exception. Councilmember Milbrandt said he also had some concerns regarding parking and said he would rather wait until the next phase of the parking study is completed to determine whether his concerns are justified. Councilmember Milbrandt said he preferred to send the plans back to the Planning Commission without prejudice so that parking can continue to be studied and the applicant can take another look at the concerns regarding height. Councilmember Page 9 of 16 City Council Meeting 06 -12 June 20, 2006 Milbrandt moved to remand Case No. PUD /SUP /CUPN /SUB/06 -12 back to the Planning Commission without prejudice; Attorney Magnuson suggested that considering the 60 -day rule, the motion should be to deny without prejudice. Councilmember Milbrandt changed his motion to denial without prejudice; Councilmember Polehna seconded the motion, saying he was concerned with the parking issue as well as the height issue. There was continued discussion regarding the parking issue, with Councilmember Junker noting that the applicant could never meet the required number of spaces. It also was noted that the current construction projects going on in the North Main Street area have taken up many parking spaces that otherwise would be available for public use and that this proposed building /use will not significantly impact the City's peak parking demand times. Tim Stefan spoke to perceived ambiguity regarding infill height regulations. Mr. Turnblad pointed out that the next stage of the parking study would not be completed for some time; Mayor Kimble noted that previous parking studies should be of value, rather than having to undertake another parking needs analysis. Attorney Magnuson suggested that perhaps the City could implement a parking impact fee, such as the transportation impact fee for the annexation area, for those sites in the downtown area that cannot provide their own parking. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to denythe request from Mainstream Development Partnership LLC without prejudice. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None This is the date and time to hold a public hearina to consider McKusick Lake improvements. • Interim City Engineer Sanders reviewed the background that resulted in the City hiring the consulting firm of Bonestroo, Rosene, Anderlik, to do a study of McKusick Lake. The study found that McKusick is a shallow, urban lake; that the water quality of the lake is improving; and that the algae growth in the lake is due in part to seasonal water temperature, climate conditions and water clarity. Two options for removing the algae were given — chemical treatment and harvesting. After completion of the study, a neighborhood meeting was held to discuss the results. He said staff and residents felt that harvesting was the best method to remove the algae. Mr. Sanders said he had talked with the DNR and that agency has no permit requirements for the removal of algae. Estimated cost of the harvesting is $31,000. Mr. Sanders said it is proposed to assess 50 percent of the cost to properties in the lake viewshed, 72 properties. The assessment rate would be $215 per property. The remaining 50 percent of the cost would be paid through the City's stormwater utility fund, he said. If approved by the Council, he said the harvesting could be done in late July and August, with an assessment hearing in September. Councilmember Harycki asked for an explanation regarding the study's finding that the water quality was improving. Rich Brash, Bonestroo, who conducted the study, said while lake monitoring does indicate an increase in the amount of phosphorous in the water, it is unclear whether that is just a temporary finding or a Tong -term trend. Mr. Brash noted that generally it is preferred to have 8 -10 years in the database to get a handle on trends. He pointed out that when doing the study last year there were only two years of post- diversion data available an � 10 years of pre- diversion data related to water quality, and there was a difference. Councilmember Junker asked Mr. Brash to explain the difference in treatment options — Page 10 of 16 City Council Meeting 06 -12 June 20, 2006 chemical versus harvesting. Mr. Brash explained that something needs to be done about the filamentous algae to restore the lake to a suitable use capability. The difference between the mechanical harvesting and chemical application is that in harvesting, the biomass of the algae is removed from the system and not allowed to decompose in the lake. If chemicals are applied, rather than removing the biomass, the algae die in the system. In responding to a question regarding whether harvesting might be required on an annual basis, Mr. Brash stated that he believes that higher than normal temperatures in April, which occurred both in 2005 and 2006, contributed to the growth. However, he also noted that the presence of nutrients, such as phosphorus, is necessary for any algae growth to occur. Councilmember Milbrandt noted that communities throughout the metro area are struggling with the same problems; Mr. Brash reviewed other communities that are implementing harvesting programs. Mr. Brash reiterated his position that the April temperatures are a causative factor. Councilmember Harycki asked whether anything had been done regarding looking at long -term solutions; Mr. Brash said a study of Long Lake currently being done by the Brown's Creek Watershed District should be helpful in that regard. Mayor Kimble opened the public hearing. David Cross, 1029 McKusick Road Lane N., pointed out that this year algae appeared on the lake two days after ice -out. Bill Pappas, 720 N. Fifth St., suggested that the water assessment study was flawed and biased. He stated that the diversion project has changed the entire ecology of the lake and the lake holds an entirely different body of water than it used to. He said he thought another firm should be hired to conduct more studies. He concluded that he thought the City was dealing with flawed information. Lori Arnold, Green Twig Way, confirmed Mr. Cross' statement that the algae appeared within days of ice -out. She said it seems that McKusick has become a dumping ground for all the other lakes in the City. She said the solution should not be a Band -Aid approach but to figure out what the problem is. Ruth Bruns, Neal Avenue, said the PCA will do additional studies of lakes determined to be impaired and suggested that the City contact persons listed on information provided by the Carnelian Marine Watershed District. Doug Pritchard, 855 Towne Circle, said the problem is at least a citywide problem. He said he was opposed to a Band -Aid fix for a real large problem and said any solution should be looked at on a citywide basis. Ai Krueger, 1001 ivicKusick Lane N., said he didn't think iakeshore residents should be paying to fix the problem. He said it should be up to the Brown's Creek Watershed District and the City to take care of the problem. Ray Davis, 912 W. Laurel, said he has seen many changes in the lake over 20 years. In his experience, he said the water quality of the lake has never been better. McKusick Page 11 of 16 City Council Meeting 06 -12 June 20, 2006 Lake's clarity equals that of Square Lake, one of the finest, clearest lakes in the region. He said they see fish they have never seen before because of water clarity. He said everyone knows the weeds have taken over for whatever reason. His concern he said is the Toss of the water birds, including loons. While he said he hoped retired folks who can't afford it are not assessed, he said something needs to be done. If harvesting is the first step, that should be done, he said. And if harvesting doesn't work and the weeds come back next year, try something else. He asked what would happen to the turtles and fish during the harvesting process. Leah Peterson, 7160 Mid Oaks, resident of Long Lake, said new developments and hard surfaces will continue to add to the problems of all the City lakes unless developers are required to do something about the water table and all the water that is coming into the lakes. She suggested the use of rain gardens as a way of purifying water. She called for the City Council to be tough on developers and the amount of water coming through the Watershed. She called for the planting of rain gardens in basins and use of permeable surfaces for City trails /paths. Pat McNeal, 1309 Meadowlark Drive, said while they would not be assessed as proposed, they enjoy the view of the lake. Everybody enjoys McKusick Lake, not just Lakeshore property owners, and he said everyone ought to pay for the lake cleanup. Mike McCarthy, 410 Linden St. W., pointed to the McKusick Watershed map, noting that as proposed the folks at the bottom of the watershed would be picking up the tab for th benefit of those at the top end of the watershed, those with large parking lots. He said w what is needed is a comprehensive solution with the whole community paying for what will be a benefit to the entire community. He also called for the City to form a lake improvement advisory commission to assist in developing a solution. John Muller, 1321 Meadowlark Drive, said in the 10 years he has lived at that location he has progressively seen the condition of the lake decline until the last two years when it has been the worst it has ever been. He said he didn't think those living around the lake should be assessed for the cleanup. He said it appears the problems started with the diversion project. He said he thought it was a City issue and the City should pay for the solution. He also stated he felt McKusick Lake was one of the best resources in town, with the walking paths around the lake. Dick Huelsmann, resident of the south end of Long Lake, noted that the City of Minneapolis prides itself on its lake. Lakes in that City get harvested on an annual basis, paid for out of the Parks Department budget. Stillwater has to realize that its lakes are assets, not "public sewers," he said. He suggested that harvesting would not be a one- time shot, it would be necessary on an annual basis due to development. He said finding a solution and accepting the cost is part of the cost of living in a developed area. He also stated he strongly objects to spending City money solely on ivicKusick Lake while ignoring other City lakes, including Long Lake that is in just as bad a shape. Dave Haak, 504 N. Owens, said he thought the City basically "screwed up" the lake. He suggested possible locations for a path and perhaps a short bridge so even more people could enjoy walking around the lake. Page 12 of 16 City Council Meeting 06 -12 June 20, 2006 • Bob Olson, 850 Towne Circle, said he hoped the Council would make a decision and at least make a short -term decision to correct the "pea soup" on Lake McKusick. • No other comments were received, and the hearing was closed. Councilmember Harycki said he thought Long Lake should be included in the project and that ordering the improvements should be tied to developing an overall lake plan and long -term solution. Councilmember Junker said the message heard from the testimony is that all of the City lakes are important assets. Motion by Councilmember Junker, seconded by Councilmember Harycki to adopt Resolution 2006 - 134, ordering improvement and solicit for proposal for the McKusick Lake Water Quality Management Project (Project 2005 -11) to harvest McKusick Lake this year, with no assessment to residents, direct staff to begin the process of formulating a lake plan to address all City lakes, including harvesting of Long Lake if appropriate. The motion was clarified to indicate that harvesting of McKusick Lake is ordered to take place this year with no assessment to residents and that Long Lake would be included in the long -range study, with a bid on possible harvesting to be received this year. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Possible conceptual approval of Washinaton Countv's Mannino Avenue improvement proiect Joe Lux, Washington County Transportation Division, gave a brief overview of the project design. As a result of several neighborhood meetings, the design now calls for a section with curb and gutter on the Stillwater side of the road and ditch section on the Grant side. From the edge of shoulder on the west side to the back of the curb on the east side, the road will be about 70' in width with 6' raised median, he said. The road will be kept generally on its present alignment, with some curvature shifts to provide a distance from homes, trees and wetlands; he showed photos of the potential alignments. Estimated cost is $6.2 million, he said, with about $4.2 in federal funding. Mr. Lux said the request before the City is for concept approval of the design from the curb to the edge of the road and the alignment. Councilmember Harycki said he had hoped to receive a drawing of the concept design the City is being asked to approve. Motion L.. /1_...__•1.______L __ Harycki, ..1_: J J by Councilmember L__ AA:IL __�J to table MvMvuun by Counciirnernber naryurr, seconded by Councilmember Milbrandt o table the matter until the next meeting to provide time for the Council to review the full concept drawings. All in favor. Page 13 of 16 City Council Meeting 06 -12 June 20, 2006 Possible approval to release capital funds and enter into contract with Johnson Controls for tlo upgrade of City Hall Boiler Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, to adopt Resolution 2006 - 135 approval of the release of funds and contract for the upgrade of the boiler. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of plans & specifications for Boutwell Road and authorization to advertise for bids. Interim Public Works Director Sanders said if approved, bids could be opened for consideration at the July 18 Council meeting, with construction beginning in August. Councilmember Junker asked if the project could be completed this construction season. Mr. Sanders said the bid has been set up so an unimproved road could not be left over the winter. Motion by Councilmember Junker, seconded by Councilmember Polehna to adopt Resolution 2006 136, approval of the plans and specs for Boutwell Road and authorization to advertise for bids. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Discussion on Millbrook annexation City Attorney Magnuson explained this was a discussion item only, something staff had talked about. He said the issue of Watershed District approval of the trails stands in the way of final Milbrook approval by the City Council. Because of the Watersheds' meeting schedule, the final plat won't be back for Council action until the first meeting in August. He said staff didn't believe it would be prejudicial to the City if a resolution annexing the property was ready for the next Council meeting. That way, he said, by the time the final plat is ready for approval, the annexation could already be before the Municipal Board and perhaps could be approved by that body by the first of September, which would allow the Millbrook developers to get buildings built before the spring of 2007. If the Council waits on annexation until the first meeting in August, it might be November before the annexation is complete. Mr. Magnuson said acting on the annexation prior to final plat approval would be an accommodation to allow developers to get buildings in the ground sooner. Councilmember Milbrandt said he didn't feel the Council was in any position to entertain any "accommodation" on behalf of the developers. Councilmember Poiehna agreed that the developers had not gone out of their way on behalf of the City on other projects. It was the consensus of the Council not to take on action. Page 14 of 16 • • City Council Meeting 06 -12 June 20, 2006 • Possible approval of resolution authorizing sale of Tax Increment Revenue Bonds (The Lofts of Stillwater, Inc. Proiect) Series 2006 and providina for their issuance. • • Administrator Hansen explained this is in keeping with the development agreement. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki to adopt Resolution 2006 - 137, approving the sale and issuance of the Tax Increment Revenue Bonds (The Lofts of Stillwater, Inc. Project). Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible appointment to Board of Water Commissioners Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2006 - 138 reappointing Jim O'Brien to the Board of Water Commissioners. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None COMMUNICATIONS /REQUESTS Motion by Councilmember Junker, seconded by Councilmember Milbrandt to adopt Resolution 2006 - 139 approving the easement agreement to allow an existing building encroachment and easement agreement providing for the temporary public pedestrian use of the walkway with Seasons Tique and Frederick Brass. Attorney Magnuson explained the requested easement agreement to allow an existing building encroachment and easement agreement providing for the temporary public pedestrian use of the walkway with Seasons Tique and Frederick Brass. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Harycki, to adjourn at 11:09 p.m. All in favor. Attest: Diane F. Ward, City Clerk Page 15 of 16 Jay L. Kimble, Mayor City Council Meeting 06 -12 June 20, 2006 Resolution 2006 - 128, directing payment of bills Resolution 2006 - 129, approving 2005 Memorandum of Agreement for Drop -off Centel) Recycling Grant Distribution with Washington County Resolution 2006 - 130, approving 2006 -2007 Grant Agreement for Municipal Recycling Grant Distribution Resolution 2006 - 131, approval of TIF District Expansion Analysis Contract Resolution 2006 - 132, approval of Armor Security, Inc. agreement Resolution 2006 - 133, approving the concept PUD for a 15 lot development on 5+ acres (Brown's Creek Reserve) in the AP, Agricultural Preservation District Resolution 2006 - 134, ordering improvement and solicit for proposal for the McKusick Lake Water Quality Management Project (Project 2005 -11) Resolution 2006 136, approval of the plans and specs for Boutwell Road and authorization to advertise for bids. Resolution 2006 - 137, approving the sale and issuance of the Tax Increment Revenue Bonds (The Lofts of Stillwater, Inc. Project) Resolution 2006 - 138 reappointing Jim O'Brien to the Board of Water Commissioners Resolution 2006 - 139 approving the easement agreement to allow an existing building encroachment and easement agreement providing for the temporary public pedestrian use of the walkway with Seasons Tique and Frederick Brass Page 16 of 16 • • LIST OF BILLS �HIBIT " A" TO RESOLUTION #2006 -140 1ST Line Leewes Abbott Paint Ace Hardware Action Rental All Star Wireless Allied Blacktop Company Amdahl, Chris Locksmith American Payment Centers American Planning Association American Pump Company Ancom Technical Center Aramark Armor Security Inc. Aspen Mills AT & T BCA BTS Bjugstad, Scott Bonestroo Rosene Anderlik & Associates Budde, Sarah Carquest Catco emsearch lark, Luann Coca Cola Comcast County Materials Corporation Cub Foods Dell Marketing Denny Hecker Auto Connection Downtowner Car Wash Drummond American Corporation Emergency Automotive Tech Enterprise Products Operating Farm Plan First Quality Fence, Inc. Fury Dodge Galles Corporation GCR Minneapolis Truck Tire Center Green Image Harrison, Sharon Hartford, Dora Heavey Equipment Repair, Inc. Hiller's Flooring America i liday Credit Office olman, Rose Infratech, Inc. Insight Public Sector Concession Supplies Paint Equipment Repair Supplies Concrete & Trailer Maintenance Contract, Service 2006 Street Seal Coat Keys Cut Box Service, July - Sept APA Membership Wellpoint Dewatering System Radio Repair Uniforms Monitoring Service Uniforms Telephone lntoxilyzer 5000 Recertification Class Refund Ice Time Professional Services Park Deposit Refund Equipment Repair Supplies Equipment Repair Supplies Cleaning Chemicals Cleaning at Public Works Soda For Concessions Cable Equipment Repair Supplies Cleaning Supplies, Water, & Gift Card Desktop Computer 3000 Mile Service Full Service Car Wash Chemicals Strobe Tube Propane for Rec Center Dome Equipment Repair Supplies Fence for Schulenburg Park Vehicle Repair Charges General Supplies Tires Equipment Repair Supplies Reimburse for Postage for Boutwell Phase III Project Refund Ice Skating Camp Bushings Balance 3rd Floor Carpet Fuel Reimburse for Mileage Minor Equipment Minor Equipment 175.36 205.42 147.72 103.31 179.90 105,997.92 24.00 78.00 260.00 14,223.40 520.42 262.98 107.35 292.31 125.70 90.00 639.00 31,669.79 50.00 808.77 65.18 887.87 140.00 488.40 68.33 804.08 335.35 1,256.53 32.74 180.78 1,163.76 160.13 8,949.39 70.37 1,850.00 73.87 2,106.91 1,269.27 27.67 90.00 95.00 135.93 14,285.50 5.41 165.09 350.13 511.10 EXHIBIT " A" TO RESOLUTION #2006 -140 Page 2 Integra Telecom James Middleton & Associates Jansen's Cleaning Service Johnson Controls Knauss, Chantell Kremer Spring & Alignment, Inc. Lake Elmo Sod Law Enforcement Tech Group Legislative Associates Linner Electric Co. Little Falls Power Play Apparel Lockrem, Richard Mac Queen Magnuson Law Firm Menards Metro Fire MIDC Enterprises Minnesota's Bookstore MN County Attorneys Assoc. MN Office of Enterprise Technology Moore, Richard MPELRA Napa Auto Parts Nextel Office Depot OnSite Sanitation Paul, Chris Quill Corporation R & R Specialties, Inc. Reed Business Information Roettger Welding Ruttger's Lodge Skillpath Seminars Smith, Lael Sprint PCS St. Croix Recreation Co. Stillwater Gazette Stillwater Motor Company Stork Twin City Testing Sysco Minnesota T- Mobile T.A Schifsky & Sons Thompson, Linda Thompson Publishing Group Three Rivers Construction Telephone Thermal Rolls Boiler Maintenance 33% Down Payment for Boiler at City Hall June Expenses Correct Alignment Sod Minor Equipment Professional Services Through June 30, 2006 Electrical Work Blades to Repair Sticks Professional Services Equipment Repair Supplies Professional Services Through June 30, 2006 General Supplies Helmets Minor Equipment Man Plumbing Code & Energy Code 2005 Traffic Code May 2006 Wide Area Network Usage Professional Services Conference Registration Auto Maintenance Supplies Cell Phone Office Supplies Weekly Service /Special Event Services Reimburse for Work Boots Office Supplies Equipment Repair Supplies 2nd & Nelson, & Boutwell Road Construction Ads Equipment Repair Supplies Lodging for MIAMA Conference Designing Seminar Park Deposit Refund Cell Phone Playground Equipment Publishing Vehicle Repairs Professional Services Concession Supplies Cell Phone AC Fine Asphalt Replacement Seat Covers FLSA Handbook Subscription Boutwell Road Payment Application #2 • 914.73 525.96 165.00 25,350.27 61.74 461.12 8.52 42.59 3,833.33 140.00 794.49 2,200.00 432.34 11,053.43 453.90 120.85 694.34 81.74 26.63 140.83 2,000 195. 74.81 603.97 220.47 362.10 65.00 30.98 149.85 470.64 38.00 383.40 149.00 120.00 86.11 20,514.87 703.10 198.95 851.30 279.87 51.63 1,974.72 31. 418. 165,507.33 • EXHIBIT " A" TO RESOLUTION #2006 -140 Page 3 1111 Stat Bobcat, Inc. United Rentals University Of Minnesota US Bank Vang, Mrs. Ven Tek International Verizon Wireless Viking Auto Sprinkler Co. Washington County Dept of Assessments Washington County Transportation Watson Company Yardmasters Yocum Oil MANUALS JUNE 2006 GFOA MN Boundary Adjustments Washington County ATSE Xcel 4/1DDENDUM TO BILLS AMEM Foremost Promotions Hansen, Larry Moore, Richard Northwestern Tire Co. Office Depot OnSite Sanitation Plant Health Associates Pogge, Michel Qwest RiverTown Stillwater Gazette Stillwater Lion Club Stork Twin City Testing Turnblad, Bill Washington Recorder Xcel General Supplies Equipment Repair Supplies Seminar & Conferences Paying Agent Fees Refund Learn to Skate Classes Equipment Repair Supplies Cell Phone Annual Fire Inspection 2006 First Half Tax Payment Traffic Services Concession Supplies Driveway Repairs Fuel Review Fee for 2005 CAFR Land Annexation First Half Tax Payment Electricity Registration Fees Pamphlets Reimburse for Mileage & Parking Professional Services Through 07/08/06 Handling Charge for Return of Old Tires Office Supplies Weekly Service Professional Services Through 06/30/06 Reimburse for Mileage & Copies Telephone Classified Ad Publishing Membership Professional Services Reimburse for Mileage Recording Electricity & Natural Gas 101.91 626.03 250.00 402.50 130.00 81.91 328.63 784.00 179.75 416.07 211.78 200.00 6,315.60 415.00 75.00 54.00 1,194.93 250.00 155.05 20.95 2,200.00 4.00 190.23 958.14 2,497.50 67.14 1,244.96 129.20 142.20 100.00 2,490.00 238.00 184.00 29,637.94 EXHIBIT " A" TO RESOLUTION #2006 -140 Adopted by the City Council this 11th Day of July, 2006 Page 4 • TOTAL 486,789.70 • LIST OF BILLS •XHJBIT " A" TO RESOLUTION #2006 -139 1ST Line Leewes Concession Supplies 175.36 Abbott Paint Paint 205.42 Ace Hardware Equipment Repair Supplies 147.72 Action Rental Concrete & Trailer 103.31 All Star Wireless Maintenance Contract, Service 179.90 Allied Blacktop Company 2006 Street Seal Coat 105,997.92 Amdahl, Chris Locksmith Keys Cut 24.00 American Payment Centers Box Service, July - Sept 78.00 American Planning Association APA Membership 260.00 American Pump Company Wellpoint Dewatering System 14,223.40 Ancom Technical Center Radio Repair 520.42 Aramark Uniforms 262.98 Armor Security Inc. Monitoring Service 107.35 Aspen Mills Uniforms 292.31 AT & T Telephone 125.70 BCA BTS Intoxilyzer 5000 Recertification Class 90.00 Bjugstad, Scott Refund Ice Time 639.00 Bonestroo Rosene Anderlik & Associates Professional Services 31,669.79 Budde, Sarah Park Deposit Refund 50.00 Carquest Equipment Repair Supplies 808.77 Catco Equipment Repair Supplies 65.18 hemsearch Cleaning Chemicals 887.87 lark, Luann Cleaning at Public Works 140.00 Coca Cola Soda For Concessions 488.40 Comcast Cable 68.33 County Materials Corporation Equipment Repair Supplies 804.08 Cub Foods Cleaning Supplies, Water, & Gift Card 335.35 Dell Marketing Desktop Computer 1,256.53 Denny Hecker Auto Connection 3000 Mile Service 32.74 Downtowner Car Wash Full Service Car Wash 180.78 Drummond American Corporation Chemicals 1,163.76 Emergency Automotive Tech Strobe Tube 160.13 Enterprise Products Operating Propane for Rec Center Dome 8,949.39 Farm Plan Equipment Repair Supplies 70.37 First Quality Fence, Inc. Fence for Schulenburg Park 1,850.00 Fury Dodge Vehicle Repair Charges 73.87 Galles Corporation General Supplies 2,106.91 GCR Minneapolis Truck Tire Center Tires 1,269.27 Green Image Equipment Repair Supplies 27.67 Harrison, Sharon Reimburse for Postage for Boutwell Phase III Project 90.00 Hartford, Dora Refund Ice Skating Camp 95.00 Heavey Equipment Repair, Inc. Bushings 135.93 Hiller's Flooring America Balance 3rd Floor Carpet 14,285.50 11.1 oliday Credit Office Fuel 5.41 Holman, Rose Reimburse for Mileage 165.09 Infratech, Inc. Minor Equipment 350.13 Insight Public Sector Minor Equipment 511.10 EXHIBIT " A" TO RESOLUTION #2006 -139 Integra Telecom James Middleton & Associates Jansen's Cleaning Service Johnson Controls Knauss, Chantell Kremer Spring & Alignment, Inc. Lake Elmo Sod Law Enforcement Tech Group Legislative Associates Linner Electric Co. Little Falls Power Play Apparel Lockrem, Richard Mac Queen Magnuson Law Firm Menards Metro Fire MIDC Enterprises Minnesota's Bookstore MN County Attorneys Assoc. MN Office of Enterprise Technology Moore, Richard MPELRA Napa Auto Parts Nextel Office Depot OnSite Sanitation Paul, Chris Quill Corporation R & R Specialties, Inc. Reed Business Information Roettger Welding Ruttger's Lodge Skillpath Seminars Smith, Lael Sprint PCS St. Croix Recreation Co. Stillwater Gazette Stillwater Motor Company Stork Twin City Testing Sysco Minnesota T- Mobile T.A Schifsky & Sons Thompson, Linda Thompson Publishing Group Three Rivers Construction Telephone Thermal Rolls Boiler Maintenance 33% Down Payment for Boiler at City Hall June Expenses Correct Alignment Sod Minor Equipment Professional Services Through June 30, 2006 Electrical Work Blades to Repair Sticks Professional Services Equipment Repair Supplies Professional Services Through June 30, 2006 General Supplies Helmets Minor Equipment Man Plumbing Code & Energy Code 2005 Traffic Code May 2006 Wide Area Network Usage Professional Services Conference Registration Auto Maintenance Supplies Cell Phone Office Supplies Weekly Service /Special Event Services Reimburse for Work Boots Office Supplies Equipment Repair Supplies 2nd & Nelson, & Boutwell Road Construction Ads Equipment Repair Supplies Lodging for MIAMA Conference Designing Seminar Park Deposit Refund Cell Phone Playground Equipment Publishing Vehicle Repairs Professional Services Concession Supplies Cell Phone AC Fine Asphalt Replacement Seat Covers FLSA Handbook Subscription Boutwell Road Payment Application #2 Page 2 914.73 525.96 165.00 25,350.27 61.74 461.12 8.52 42.59 3,833.33 140.00 794.49 2,200.00 432.34 11,053.43 453.90 120.85 694.34 81.74 26.63 140.83 2,000 19 5. 76.34 603.97 220.47 362.10 65.00 30.98 149.85 470.64 38.00 383.40 149.00 120.00 86.11 20,514.87 703.10 198.95 851.30 279.87 51.63 1,974.72 31. 418. 165,507.33 EXHIBIT " A" TO RESOLUTION #2006 -139 Stat Bobcat, Inc. United Rentals University Of Minnesota US Bank Vang, Mrs. Ven Tek International Verizon Wireless Viking Auto Sprinkler Co. Washington County Dept of Assessments Washington County Transportation Watson Company Yardmasters Yocum Oil MANUALS MAY 2006 GFOA MN Boundary Adjustments Washington County ATSE Xcel O DDENDUM TO BILLS American Classic Homes Ace Hardware BCA/Training & Development Bryan Rock Buberl, Larry Cardinal Tracking Carquest Cartridge World Catco Chaves, 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. enards innesota Department of Health Minnesota Occupational Health Minnesota Pollution Control Agency General Supplies Equipment Repair Supplies Seminar & Conferences Paying Agent Fees Refund Learn to Skate Classes Equipment Repair Supplies Cell Phone Annual Fire Inspection 2006 First Half Tax Payment Traffic Services Concession Supplies Driveway Repairs Fuel Review Fee for 2005 CAFR Land Annexation First Half Tax Payment Electricity Grading Escrow Refund Equipment Repair Supplies Crime Scene Evaluation Training Aggregate Animal Transport Polytherm Equipment Repair Supplies Refill Laser Equipment Repair Supplies Reimburse for CeII 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 Page 3 101.91 626.03 250.00 402.50 130.00 81.91 328.63 784.00 179.75 416.07 211.78 200.00 6,315.60 415.00 75.00 54.00 1,194.93 • iliwater Memo Thanks, Mike liiilllllll'��Ill�lii .0111111.i + '�' "� PI A E D F MINN E\ Q' A Community Development Department To: Diane Ward From: Michel Pogge, City Planner ' Y Date: Thursday, July 06, 2006 Re: Applications for Special Events Message: Attached are copies of the Applications for Special Events that the Parks Board recommended approval on at their June 26, 2006 meeting. The applications approved included the following events: 1. Music, dance and crafts at Pioneer Park on July 20 and August 29, 2006 for Friends of Stillwater Parks. 2. Art in the Park at Pioneer Park on August 20, 2006 for Friends of Stillwater Parks. 3. Twinkle Parade at Lowell Park on December 2, 2006 for Friends of Stillwater Parks. If you have any questions please let me know. From the desk of... Michel Pogge City Planner City of Stillwater 216 N. 4th Street Stillwater, MN 55082 651.430 -8822 Fax: 651.430 -8810 email: mpogge@ci.stillwater.mn.us City t!w ,.. .n.. .1.t. D. APPLICATION FOR SPECIAL EVENT f ill 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: APPLICANT INFORMATION Organization Contact Person Address Daytime Phone EVENT INFORMATION (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 �rpose & DescriptLon of Event I- IU f I2/l rt Type of Event Estimated number of people to attend Selling Alcohol Permit to Consume Site Map (required) *pact on Parking (required) Gl u IV. `AU, .7 trtfl Stilitvater, ItIN 55082 Telephone: 651.430 -8800 Fax: 651- 430 -8809 Ckh,,vA7 &kJ P , �zz ,I139 6- /2--06 State Alternate Number A J'-iJ nQJ toe Proposed Location of Event (be specific) ��ii7k1'' ✓),17 if f /Od / u/ Zip 5 a a (CONTINUE ON BACK) Type of Non - Profit Organization For - Profit Hours of Event 3 D 74 (Special Events conducted after 10:00 p.m., require Council approval of a variance to the noise ordinance) used: North Lowell Park or South Lowell Park ' e which one or b 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) Temporary Liquor Licenses are ONLY available to non -profit organizations - $25.00 per day (for the consumption of beer, wine, wine coolers, and hard liquor on public property (parks) - $35.00 fee) (attach to application) Describe: f , ill, ! // Iii c; /WI?' ii, j olarZ :P /th f /--a, special Signage Describe: 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 Officer Needed Restrooms (Portable) Live Entertainment Level of Promotion /Advertisement Other Info the City should be aware of: 4 Applicant Signa 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 Ef 1i F71 1 1 1 1 1 1 Size Propane River Lake Name: EMT Standby Comments: Describe Location Deep fat frying 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- 351 -4900) to arrange for officer (Applicant to pay for restrooms - Contact Public Works 275 -4100) L `lr�1t�Y1� () ,06 S PA lU PK . MO, l � 4 /1 G1rri 4 i 7w I'M-7 `017 1 // 2 Ste°' / Type of Music FIG; tJSE ,ONI. Y Ambulance Standby Permit to Consume: Temporary Liquor License $25.00 per day Event Fee Deposit Other Fees: TOTAL FEES FEES (if applicable) $250.00 Exiting Points Other Fire Department Standby • • • City 11Iwater APPLICATION FOR SPECIAL EVENT I ll 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: APPLICANT INFORMATION Organization Contact Person Address Daytime Phone EVENT INFORMATION (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 111k rpose & Description of Event (h i l �l rpm lino erk r 6 (4 o�- - / a/Y cv Proposed Location of Event (be specific) Type of Event Estimated number of people to attend Selling Alcohol Permit to Consume LAO 17. `JIM .7liCet Stillwater, MN 55082 Telephone: 651- 430 -8800 Fax: 651 -430 -8809 6 e Po 74J- / 62, 2 / Po II / State it -/ii/ - 1? Alternate Number GCCM , 2 -6'66c /co - /z.c P /Olt 6p / 4 i L Site Map (required) (attach to application) •Pact on Parking (required) /ION Describe: Zip , - 7%- Hours of Event , :O2 ,x712 fil (Special Events conducted after 10:00 p.m., require Council approval of a variance to the noise ordinance) Type of Non - Profit y Organization For - Profit If Lowell Park is to be used: North Lowell Park or South Lowell Park (Circle which one or both ) Following Information must be supplied (Put a check next to items pertaining to your event. If not applicable - Please put NIA in the space) Temporary Liquor Licenses are ONLY available to non - profit organizations - $25.00 per day (for the consumption of beer, wine, wine coolers, and hard liquor on public property (parks) - $35.00 fee) (CONTINUE ON BACK) Speci:•I Signage Describe: 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 Officer Needed Restrooms (Portable) Live Entertainment Level of Promotion /Advertisement Other Info the City should be aware of: Applicant Signature Community Devet 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 p ent xI 1 1 1 1 Size Propane River Lake Name: EMT Standby 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- 351 -4900) to arrange for officer (Applicant to pay for restrooms - Contact Public Works 275 -4100) Describe Comments: T. ' Location Deep fat frying Ambulance Standby Type of Music ilfCLLIcif iI rS //> i� /2 /./,ta 711, af h - v 7,v /1 ✓� 1 VP / ire° // J r - OFFIC USEL Permit to Consume: Temporary Liquor License $25.00 per clay Event Fee Deposit Other Fees: TOTAL FEES f FEES (if applicable) $250.00 Exiting Points Other Fire Department Standby • • • • 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: -7 / -06 APPLICANT INFORMATION Email Address: Organization 61(45 s 1//A- ,a4 J Type of Non - Profit Organization For - Profit Contact Person tat 6///(4K? Address Po p z) / e, - City t 0f1/,S. State AA/ Zip 537 /2_ Daytime Phone ,3J -- G C 3& Alternate Number EVENT INFORMATION (Special Events involving the use of City Property may require Park Board or Parking Commission Review. Events on Private Property may regquire Planning Commission review) Date(s) of Event Purpose & Des UUlwater. Type of Event Estimated number of people to attend 21G 1V. 4th Street Stillwater, iPIN 55082 Telephone: 651 -430 -8800 Fax: 651 -430 -8809 .De? s) s 6 7- -c eZ FP/' x Hours of Event (Special Events conducted after 90:00 p.m -, require Council approval of a variance to the noise ordinance) ription of Event X /�7. Af / C /7� v / �i (l d!/ i �(lT /r_ PS- S /C�/JS 7` ^ !� //i Pi �� / /jl / /e, A/J- e_./ j, /�vi� / �iiir /„ ✓o - / 7) -iiQ7Q ' //�7 q f/ /-/ /, ,GZ77 O,- l v,f 47 /h, /io,- C✓Gr /l f i G[/` Proposed Location of Event (be P ( if Lowell Park is to be ,Q specific) ��M0/ .1q// .a/7c,/ used: O North Lowell Park or (. / ,f- / 7 / }6 a4//,,t_ } 6 . South Lowell Park / /1 a� (Circle which one or both ) /� (ZO/V-e 4- el4 r x'/777 6° / P /l7luj / fb, /a0 1 : z : Following Information must be supplied (Put a check next to items pertaining to your event. If not applicable - Please put N/A in the space) Selling Alcohol N / Temporary Liquor Licenses are ONLY available to non - profit organizations - $25.00 per day Permit to Consume / N / (for the consumption of beer, wine, wine coolers, and hard liquor on public property (parks) - $35.00 fee) Site Map (required) (attach to application) Impact on Parking (required) Describe: Co - (CONTINUE ON BACK) � � 9 fi/ /(FA- - 7V�.5 7 Special Signage ^ / / Describe: 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 What Streets: � (Required Jf 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 - Police Officer Needed AS1 4351 -4900) to arrange for officer A/lf} (Applicant to pay forrestrooms - Contact Public Works 275 -4100) 1 Type of Music , /�'c/ 122aJ /./0 ik/ Restrooms (Portable) Live Entertainment Level of Promotion /Advertisement Applicant Signature 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 T.� 11 ( 1 1 1 1 1 1 1 1 1 1 I-1 Size Propane iver Lake Name: AMT Standby Jr ("1/1 / /P e s47 - 3 - V Comments: Describe Location Deep fat frying Ambulance Standby 6 /1/e FEES FED (ifl�i Permit to Consume: Temporary Liquor License $25.00 per day Event Fee Deposit $250.00 Other Fees: TOTAL FEES Exiting Points Other Fire Department Standby • • • • • TYPE OR PRINT INFORMATION NAME Off' ORGANIZATION • s C- k\ok Ca t LL-P STREET ADDRESS L-f -: 3 s • 7 NAME OF PERSON MAXING APPLICATION DATES LIQUO WILL BE SOLD N 10 I , DC ORGA A ION OFFICER'S NAME VO \Nr ORGANIZATION OFFICER'S NAME ORGANIZATION &FICER'S NAME Location where license will be used. If an outdoor area, describe 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 G k, (\ `u t -= (tti,x-cp _ OY\ l ■MCck Will the applicant contract for intoxicating liquor services? If so, give the name and address of the liquor licensee providing the service. DATE ORGANIZED TAX EXEMPT NUMBER Z -- CIS Y V�� � STATE 1 - � o- o-- BUUSI — PHONE l HOME PHONE Cgs ) L-1 -1 �� � (6�►)L- - -- K 5b ( l TYPE OF ORGANIZATION ❑ CLUB ❑CHARITABLE,LRELIGIOUS OOTHER NONPROF ADD�SS ADDRESS ADDRESS Will the applicant carry liquor liability insurance? If so, the carrier's name and amount of coverage. (NOTE: Insurance is not mandatory.) APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMTITING TO ALCOHOL & GAMBLING ENFORCEMENT CITY/COUNTY Citv 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 wr71 be returned as the license. Submit to the city or County at least 30 days before the event. PS -09079 (6t • • • Stillwater Elks Lodge No. 179 B.P.O.E. Telephone: (651) 439 -5276 1905 Greeley Street South E -mail: stillwaterelks @yahoo.com Stillwater. MN 55082 June 21, 2006 Tim Thomsen City of Stillwater 3325 Boutwell Road Stillwater, MN 55082 Dear Tim, Elks Lodge #179 would like to use the Lily Lake Tennis Courts for the sale of Christmas trees again this year. This will be our 20`h year of offering trees to the Stillwater community and again we will use this project to provide trees to those families who cannot afford to buy one. As in the past, we will cleanup after ourselves and leave the courts in excellent condition. We expect to continue to help the citizens of the Stillwater area with contributions to scouting, city parks, United Way, research foundations, Hoop Shoot and Soccer Shoot competitions, scholarships, area schools, etc. Thank you and the City of Stillwater for your support. Fraternally, >) ' /11-Y. /> 1\ ''ki"\ Leonard W. Schrade, Chairman 1711 W. Olive Street Stillwater, MN 55082 Phone: (651) 439 -4884 2. ORGANIZATION 3. ADDRESS )4- 11 City MnDot i i THE DIRT N ►LICE O MINNEi0T0. REQUEST FOR INSTALLATION OF BANNER (FOR NON - PROFIT ORGANIZATIONS ONLY) 1. APPLICANT Ki;27/P 126 f---7 South Main Street at Olive St.* North Main Street at Myrtle St.* Chestnut Street at Union Alley 6. DATES TO BE DISPLAYED: aee_h___ 7. COMPANY INSTALLING BANNER: O C "' Address / /v. (o)5- S 1 P o- , ; - rn/V S Date: Date: Date: 5. BANNER LOCATION REQUESTED: TELEPHONE 4. ACTIVITY BEING PROMOTED BY PROPOSED BANNERS: FOR OFFICE USE ONLY *MnDot APPROVAL REQUIRED FOR MAIN STREET LOCATIONS - „ce,;,77' , da) Phone z- 739-/.70 Li 39 Lfo (Required for Main Street Locations Sent to Installer • • • • RESOLUTION 2006 -140 APPROVING MINNESOTA PREMISES PERMIT FOR GAMBLING FOR STILLWATER ELKS #179, LOCATED AT 1905 GREELEY STREET SOUTH. STILLWATER, MN WHEREAS, the Stillwater Elks #179 has submitted an application to the City of Stillwater requesting City approval of a Minnesota Gambling Premises Permit application located at 1905 Greeley Street S., Stillwater, MN; and WHEREAS, it has been demonstrated that the organization is collecting gambling monies for lawful purposes. NOW THEREFORE, BE IT RESOLVED, that the City of Stillwater approves of the gambling license located at 1905 Greeley Street S, Stillwater, MN as requested by the Stillwater Elks #179. The City Clerk is directed to attach a copy of this Resolution to the application to be submitted to the Gambling Control Board. Adopted by the City Council for the City of Stillwater this 11 day of July, 2006 Attest: Larry D. Hansen, Acting City Clerk Jay L. Kimble, Mayor • STAFF REQUEST ITEM • Department: MIS Date: July 7, 2006 DESCRIPTION OF REQUEST (Briefly outline what the request is) Renew contract with Quest for point to point T1 between Washington County 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) With this new three year contract we will pay $253.800 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: 07/07/06 • This Qwest Corporation Intrastate DS1 Service Agreement ( "Agreement ") is between City of Stillwater ( "Customer ") and Qwest Corporation, ( "Qwest ") and is effective on the date Qwest signs it ( "Effective Date "). Qwest will provide, and Customer will purchase, Qwest Intrastate DS1 Service provided under this Agreement ( "Service "). Any Qwest tariff, price list, price schedule, administrative guideline, and /or catalog (hereinafter, whether individually or together, "Tariff') applicable to the Service is incorporated into the Agreement by reference and made a part of the Agreement. The Service will be governed by: (a) the Tariff applicable to the Service; and (b) to the extent a comparable Tariff term or condition does not apply to the Service, the terms and conditions set forth in this Agreement. In the event of a conflict in any term or condition of any documents that govern the provision of the Service hereunder, the following order of precedence will apply in descending order of control: the Tariff, this Agreement, and Qwest records. 1. Description of Service. 1.1 Qwest will provide Service up to the Standard Network Interface ( "SNI ") at Customer's premises. The SNI is that location where Qwest's protected network facilities end and Customer's inside wiring or network begins. 1.2 Service provides for the two -way transmission of 1.544 Megabits per second ( "Mbit/s ") on a point -to -point basis only. Service may be provisioned on copper, fiber, or other suitable facilities, at Qwest's discretion, and it may be used for the transmission of voice, data, and /or video signals. Service is available between: (a) two customer - designated premises; (b) a customer - designated premises and a Qwest serving wire center; or (c) Qwest serving wire centers. When Service is requested between two Qwest serving wire centers, Central Office Multiplexers ( "COMs ") must also be ordered for each serving wire center of the DS1 circuit, and Private Line Transport service must be ordered to connect each COM to the Customer's premises. 1.3 Customer understands and agrees that Qwest supplies Service as an intrastate, intraLATA telecommunications service, as defined by State and /or Federal Communications Commission ( "F.C.C. ") regulations, which are incorporated herein by this reference. It is Customer's responsibility to ensure that Customer uses Service as an intrastate, intraLATA telecommunications service consistent with such regulations. F.C.C. regulations permit interstate usage of Service if such usage does not exceed 10% of the total usage. If Customer should use this Service for any other purpose, or if interstate usage exceeds 10 %, it is Customer's responsibility to immediately notify Qwest of such use and to place an order for appropriate service. Qwest will bill, and Customer will promptly pay, • appropriate monthly recurring charges, for such use of and changes to Customer's telecommunications service including, but not mited to all applicable Qwest Access Tariff F.C.C. No. 1 interstate access charges or intrastate Tariff access charges. 2. Term. 2.1 This Agreement will commence on the date on which Qwest signs it, following Customer's execution of this Agreement ( "Effective Date "), and it expires 36 months from the date Service is available to Customer, as evidenced by Qwest records ( "Initial Term "). After the expiration of the Initial Term, this Agreement will continue automatically on a month -to -month basis unless a party notifies the other party in writing of its desire not to renew this Agreement at least 60 calendar days, and no more than 120 calendar days, prior to the end of the Initial Term. After the Initial Term, either party may terminate this Agreement upon 30 calendar days prior written notice. The Initial Term and any month -to -month period thereafter will be collectively referred to as the "Term." 2.2 After the Initial Term, Customer will pay for Service at Qwest's then - current rates. Qwest will inform Customer of its then - current rates for Service upon written request. 3. Service Ordered. 3.1 Customer orders and Qwest will supply Service as follows. No. of Circuits 1 Address of Circuit Location 1 14900 N 61 St, Stillwater QWEST NETWORK SERVICE AGREEMENT QWEST DS1 SERVICE Intrastate Address of Circuit Location 2 216 N 4`" St, Stillwater Agreement Number: Billing Number: 3.2 Qwest will notify Customer of the date Service ordered is available to Customer under this Agreement. In the event Customer is unable or unwilling to accept service at such time, the subject Service will be held available for Customer for a period not to exceed 30 business days from such date ( "Grace Period "). If after this Grace Period, Customer still has not accepted Service Qwest may, at its sole discretion, after consultation with Customer either: (a) commence with regular monthly billing for the subject Service; or (b) cancel. If Customer: (c) cancels an order for Service prior to the date Service is available for use; or (d) is unable to accept Service during the Grace Period and Qwest cancels the Service at the end of the Grace Period, Qwest may charge Customer for any costs incurred by Qwest related to the provisioning of Service up through the date Service was made available to Customer. lig Payment. Customer must pay Qwest all charges by the payment due date on the invoice. Any amount not paid when due will e subject to a late charge as specified by the Tariff, or if there is no such late charge specified in the Tariff, the amount due will be subject to late interest at the lesser of the rate of 1'/z% per month or the highest rate permitted by applicable law. Customer must also pay Qwest any applicable Taxes assessed in connection with Customer's Service. "Taxes" means federal, state and local taxes, surcharges, and other similar charges. Qwest may reasonably modify the payment terms or require other assurance of payment based on Customer's payment history or a material and adverse change in Customer's financial condition. Customer will pay those Page 1 Copyright © 2006 Qwest. All Rights Reserved. CONFIDENTIAL v1.050806 QWEST NETWORK SERVICE AGREEMENT QWEST DS1 SERVICE Intrastate charges listed below. The charges for Services under this Agreement, including any and all discounts to which Customer may entitled, will be offered and charged to Customer independently from, and regardless of, Customer's purchase of any custo premises equipment or enhanced services from Qwest. Total Monthly Recurring Charge ("MRC "): $253.80 Total Nonrecurring Charge ( "NRC "): $0.00 5. Changes to Service. Pursuant to the applicable Tariff, if any, Customer may move the physical location of all or part of the Service to another location within the same Qwest intrastate, intraLATA serving area, including within a building or among buildings. Customer will pay all of the then - current installation and other charges for any such move. 6. Termination. 6.1 Either party may terminate Service and /or this Agreement in accordance with the applicable Tariff or for Cause. "Cause" means the failure of a party to perform a material obligation under this Agreement, which failure is not remedied: (a) in the event of a payment default by Customer, within five days of separate written notice from Qwest notifying Customer of such default (unless a different notice period is specified in the Tariff); or (b) in the event of any other material breach, within 30 days of written notice (unless a different notice period is specified in the Tariff or this Agreement). Customer will remain liable for charges accrued but unpaid as of the termination date. If, prior to the conclusion of the Term, Service is terminated either by Qwest for Cause or by Customer for any reason other than Cause, then Customer will also be liable for a termination charge "Termination Charge" of: (a) If during the first 12 months of Service ( "Minimum Service Period "), Customer will pay all accrued and unpaid charges for Service provided through the effective date of such termination plus a Termination Charge of 100% of the MRCs for the terminated Service (or any fraction thereof), multiplied by the number of months, or portion thereof, remaining in the Minimum Service Period, plus 40% of the MRCs for the terminated Service (or any fraction thereof), multiplied by the number of months after the Minimum Service Period remaining in the Initial Term. (b) If after the Minimum Service Period, Customer will pay for all accrued and unpaid charges for Services provided through the effective date of such termination plus a Termination Charge of 40% of the MRCs for the terminated Service (or any fraction thereof), multiplied by the number of months, or portion thereof, remaining in the Initial Term. 6.2 A Termination Charge will be waived when all of the following conditions are met: (a) Customer discontinues Service and sig• a new service agreement(s) for any other Qwest - provided service(s); (b) the new service agreement(s) have a total value equal to or greater than 115% of the remaining prorated value of the existing agreement(s) (excluding any special construction charges, applicable nonrecurring charges, or previously billed but unpaid recurring and /or nonrecurring charges); (c) Customer places the orders to discontinue Service and establish new service at the same time; and (d) a new minimum service period goes into effect when the new service agreement term begins. The waiver does not apply to changes between regulated and unregulated or enhanced products and services. 6.3 Qwest may: (a) immediately suspend all or any part of the Service; and /or (b) terminate this Agreement (effective after the applicable notice period): (i) for Cause (as defined herein); or (ii) upon written notice if Customer becomes or is declared insolvent or bankrupt or is the subject of any proceedings related to its liquidation, insolvency or for the appointment of a receiver or similar officer for it. 7. Interruptions to Service. Tariff specifies the credit allowance due Customer, if any, for interruptions to Service which are not caused by Customer. In the absence of a Tariff, the provisions of Qwest's F.C.C.1 Access Service Tariff will apply with respect to any credit allowance due Customer for interruptions to Service. 8. Disclaimer Of Warranties. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY QWEST, ITS AFFILIATES, AGENTS, OR CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE SERVICE. 9. Limitation of Liability. NEITHER PARTY, ITS AFFILIATES OR CONTRACTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS OR REVENUES OR LOST DATA OR COSTS OF COVER RELATING TO THE SERVICES OR THIS AGREEMENT, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED. CUSTOMER'S EXCLUSIVE REMEDIES FOR ANY AND ALL CLAIMS RELATED TO THE SERVICE WILL BE LIMITED TO: (A) THOSE REMEDIES SET FORTH IN THE INTERRUPTIONS TO SERVICE SECTION; OR (B) IF SUCH SECTION DOES NOT APPLY, THE TOTAL MRCS PAID, OR PAYABLE, BY CUSTOMER TO QWEST FOR SERVICE IN THE MONTH IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM NOTWITHSTANDING THE FOREGOING, THE LIMITATION OF LIABILITY IN THIS SECTION WILL NOT APPLY TO CUSTOMER' PAYMENT AND INDEMNIFICATION OBLIGATIONS. 10. Personal Injury, Death, and Property Damage. Each party will be responsible for the actual, physical damages it directly causes to the other party in the course of its performance under the Agreement, limited to damages resulting from personal injury or Page 2 Copyright © 2006 Qwest. All Rights Reserved. CONFIDENTIAL v1.050806 QWEST NETWORK SERVICE AGREEMENT QWEST DS1 SERVICE Intrastate death to a party's employees and loss or damage to a party's personal tangible property arising from the negligent acts or omissions of ik he liable party; PROVIDED, HOWEVER, THAT NEITHER PARTY, ITS AFFILIATES, AGENTS, OR CONTRACTORS WILL BE IABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS OR REVENUES OR LOST DATA OR COSTS OF COVER. 11. Indemnification. Customer will defend and indemnify Qwest, its Affiliates, agents, and contractors against all third party claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from or related to the use, modification, or resale of the Service by Customer or End Users. "End Users" means Customer's members, end users, customers, or any other third parties who utilize or access the Service or the Qwest network via the Service provided hereunder. "Affiliate" means any entity controlled by, controlling, or under common control with a party. 12. Confidentiality; Publicity. Neither party will, without the prior written consent of the other party: (a) issue any public announcement regarding, or make any other disclosure of the terms of, the Agreement 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 Agreement) the Confidential Information of the other party. Such consent may only be given on behalf of Qwest by its Legal Department. A party may disclose Confidential Information if required to do so by a governmental agency, by operation of law, or if necessary in any proceeding to establish rights or obligations under the Agreement, provided that the disclosing party gives the non - disclosing party reasonable prior written notice. "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 Agreement by the receiving party or is already known or is independently developed by the receiving party. 13. Dispute Resolution; Governing Law. 13.1 Governing Law; Forum. This Agreement will be governed by the laws of the state of Colorado, except with regard to matters which are within the exclusive jurisdiction of the state or federal regulatory agency. Those matters alone will be governed by the laws of the appropriate jurisdiction. Any legal proceeding arising out of, or relating to this Agreement, will be brought in a United States District Court, or absent federal court jurisdiction, in a state court of competent jurisdiction, in the location of the party to this Agreement not initiating the action, as indicated in the Notices section. Notwithstanding the foregoing, Qwest may initiate proceedings ilit Denver, Colorado to collect undisputed amounts billed. This provision is not intended to deprive a small claims court or state gency of lawful jurisdiction that would otherwise exist over a claim or controversy between the parties. 13.2 Waiver of Jury Trial and Class Action. Each party, to the extent permitted by law, knowingly, voluntarily, and intentionally waives its right to a trial by jury and any right to pursue any claim or action arising out of or relating to this Agreement on a class or consolidated basis or in a representative capacity. 14. Notices. Except as otherwise provided herein, all required notices must be in writing and sent to Qwest at 1801 California Street, Suite 900, Denver, Colorado 80202; Facsimile #: (888) 778 -0054; Attn.: Legal Department, and to Customer at its then current address as reflected in Qwest's records; Attn.: General Counsel or other person designated for notices. Except as otherwise provided herein, all notices will be deemed given: (a) when delivered in person to the recipient named above; (b) three business days after mailed via regular U.S. Mail; (c) when delivered via overnight courier mail; or (d) when delivered by facsimile so long as duplicate notification is also sent by regular U.S. Mail. 15. General Provisions. Customer may not assign the Agreement or any of its rights or obligations under the Agreement without the prior written consent of Qwest, which consent 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. The Agreement is intended solely for Qwest and Customer and it will not benefit or be enforceable by any other person or entity, including without limitation, End Users. If any term of the Agreement is held unenforceable, such term will be construed as nearly as possible to reflect the original intent of the parties and the remaining terms will remain in effect. Neither party's failure to insist upon strict performance of any provision of the Agreement will be construed as a waiver of any of its rights hereunder. All terms of the Agreement that should by their nature survive the termination of the Agreement will so survive. Neither party will be liable for any delay or failure to perform its obligations hereunder if such delay or failure is caused by a Force Majeure Event. "Force Majeure Event" means an unforeseeable event beyond the reasonable control of that party, including without limitation: act of God, fire, flood, labor strike, sabotage, fiber cuts, acts of terror, material shortages or unavailability, government laws or regulations, war or civil disorder, or failures of suppliers of goods and services. The Agreement constitutes the entire agreement between Customer and Qwest with respect to the subject matter hereof, and supersedes all prior oral or written agreements or understandings relating to the subject matter hereof. Except for Tariff or Service modifications initiated by Qwest, all amendments to the Agreement must be in writing and signed by the parties' authorized representatives. However, any change in rates, charges, or regulations mandated by the legally constituted authorities will act as a odification of any contract to that extent without further notice. Qwest reserves the right at any time to reject any handwritten change the Agreement. Page 3 Copyright © 2006 Qwest. All Rights Reserved. CONFIDENTIAL v1.050806 QWEST NETWORK SERVICE AGREEMENT QWEST DS1 SERVICE Intrastate The parties have read, understand and agree to all of the above terms and conditions of this Agreement and hereby execute a authorize this Agreement. City of Stillwater Qwest Corporation Authorized Signature Authorized Signature Name Typed or Printed Name Typed or Printed Title Title Date Date Address for Notices: 216N 4 St Stillwater, MN 55082 • Page 4 Copyright © 2006 Qwest. All Rights Reserved. CONFIDENTIAL v1.050806 • • STAFF REQUEST ITEM • • Department: MIS Date: 07/07/06 I DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of two computers, one for Public Works and one for the Inspections Department. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Total cost of the computers is $2754.48. Money was budgeted for this purchase in the 2006 capital outlay budget. ADDITIONAL INFORMATION ATTACHED Yes X ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. I Submitted by: Rose Holman I Date: 07/17/06 • • Minnesota State Store - NASPO 1 WSCA Contract# A63307: Placing Order: Purchase Or... Page 1 of 2 Minnesota State Store - NASPO 1 WSCA Contract# A63307 Purchase Order Order Date/Time: Wednesday, July 05, 2006 11:03 12 AM Central Standard Time Bill - To:City of Stillwater 216 North Fourth St. Stillwater,MN 55082,US Attn: Rose M Holman Phone:(651) 430 -8804 Fax: (651) 430 -8809 Payment Method: Quantity 2 Purchase Order Item Description Intel® Pentium® D Processor 830 (3GHz,DC,2X1M,800MHz FSB) [xxxxxx] OptiPlex GX620 MT with Int Broadcom® GbNIC: Intel® Pentium® D Processor 830 (3GHz,DC,2X1M,800MHz FSB) SKUs: 630TD - [221 -9188] File System: NTFS File System for all Operating Systems SKUs: NTFS - [420 -3699] Memory: 1.0GB DDR2 Non -ECC SDRAM,533MHz, (2DIMM) SKUs: 1G2N52 -1311-5021) Keyboards: Dell USB Enhanced Multimedia Keyboard SKUs: USBM - [310 -6611] Monitors: Dell 19 inch UltraSharp 1907FP Flat Panel, Adjustable Stand, VGA/DVI SKUs: 1907FP - [320 -4566] Video Card: Integrated Video, Intel® GMA950 SKUs: INTVID - [320 -4269] Boot Hard Drives: 80GB SATA 3.0Gb /s and 8MB DataBurst Cache TM SKUs: 80S2 - [341 -2247] Floppy: 1.44MB 3.5 Inch Floppy Drive SKUs: FD - [341 -2266] Operating System(s): Genuine Windows® XP Professional, SP2, with Media SKUs: XPP2E - [420 -4850] Mouse: Dell USB 2 -Button Optical Mouse with Scroll SKUs: USBO - [310 -6609] Lead Free Motherboard: RoHS Compliant Lead Free Chassis and Motherboard SKUs: ROHS - [341 -2663] Removable Media Storage Devices: 16X DVD + / -RW, with Roxio Creator Dell Edition, no Media SKUs: DRM16N - [313 -3621] Audio Solutions: Integrated AC97 Audio SKUs: INTSND - [313 -8170] Dell Customer #: Authorization Code: Purchase Order #: 488 Ship - To:City of Stillwater 216 North Fourth St. Stillwater, MN 55082,US Attn: Rose M Holman Phone: (651) 430 -8804 Fax: (651) 430 -8809 Tax Status: Exempt Unit Price $1,293.18 Amount $2,586.36 https: // cart.dell.com /rcomm/chkout5_poview. asp? order _id= HP2MHU9SCXK68K0G2PQ2... 7/5/2006 Minnesota State Store - NASPO 1 WSCA Contract# A63307: Placing Order: Purchase Or... Page 2 of 2 Speakers: Dell AS501 Sound Bar for all UltraSharp Flat Panel Displays (Black) SKUs: A501 K - [313 -4028] Resource CD: Resource CD - contains Diagnostics and Drivers SKUs: RCD - [313 -7168] Energy Star Setting: Energy Star Enable SKUs: ES - [310 -4721] Hardware Support Services: 3 Year Economy Plan (Next Business Day onsite support only) SKUs: PUBB3YR - [900 -6630] [960 -2402] [983 -2207] [983 -2217] [983- 6647] Installation Support Services: No Onsite System Setup SKUs: NOINSTL - [900 -9987] Total $2,586.36 Order Sub Total: $2,586.36 Estimated Shipping and Handling: $0.00 No Charge - Lowest Cost (3 -5 day) Delivery Estimated Tax: $0.00 Order Total: $2,586.36 Shipping Option: No Charge - Lowest Cost (3 -5 day) Delivery Carrier: Account Number: Method of Delivery: Shipping Instructions: Purchasing Agent: Telephone #: Email Address: Requestor: Rose M Holman Telephone #: (651) 430 -8804 Dell Sales Representative: https: // cart.dell.com /rcomm /chkout5_poview. asp? order _id= HP2MHU9SCXK68K0G2PQ2... 7/5/2006 • • • Department: Fire STAFF REQUEST ITEM Date: July 5, 2006 DESCRIPTION OF REQUEST (Briefly outline what the request is) Authorize agreement with Hennepin Technical College Customized Training Services to conduct Firefighter I & II training for new employees. This training is required for all new recruits within the first year of employment. 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) Contract cost per student is $995.67. 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 J Date: July 5, 2006 JUN. 29. 2006 2:06PM HTC CUSTOMIZED TRNG NO. 697 STATE OF MINNESOTA MINNESOTA STATE COLLEGES AND UNIVERSITIES )KENNEPIN TECHNICAL COLLEGE CUSTOMIZED TRAINING CONTRACT Cont #07016 I'1.11S CONTRACT is between Hennepin Technical College (hereinafter "COLLEGE") located at 13100 College View Drive, Eden Prairie, Minnesota 55347 acting by virtue of its delegated authority froze the Board of Trustees of the Minnesota State Colleges and Universities, and Stillwater Fire Department, Attn: Tom Ballis (hereinafter "CLIENT') located at 216 Norlat 4th St, Stillwater, MN 55082; I. COLLEG pUITES. The COLLEGE agrees to provide the following: Title of Instruction: Firefighter 1, Firefighter II and Haz -Mat Operations Date (s) of Instruction: Tuesdays and Thursdays, July 6 — December 12, 2006 6:00 p.m. — 10:00 p.m. Name of Instructor: Bernie Vrona Location: N St Paul Fire Department 11. CLIENT'S DUTIES. The CLIENT agrees to provide the following: A. roster of participants, minimum and maxizuum of five (5) B. make all contacts for training and services through the college and will not employ the presenter/instructor directly for additional sessions. III_ SI OF INSTRUCTION. CLIENT shall make all of the arrangements, including any payment, for the location to be used for the training IV. CONSIDERATION AND TERMS OF PAYMENT. A. Cost: six hundred twenty -nine dollars and five cents ($629.05) per student for Firefighter I, two hundred fifty -one dollars and sixty -two cents ($251.62) per student for Firefighter II and three hundred seventy -seven dollars and forty -three cents (377.43) per student for Haz -Mat Ops. Other fees:. ninety -five dollars (595.00) per student for book. Twenty dollars ($20.00) per student for application fee. Notwithstanding the thirty (30) day notice period established in paragraph VII, in the event that the CLIENT desires to cancel or reschedule the instruction due to low enrollment, CLIENT shall give at least five (5) days notice in writing to the COLLEGE'S authorized agent to cancel or reschedule. If the instruction is cancelled as provided herein, the COLLEGE shall be entitled to payment calculated according to paragraph VII. If the instruction is rescheduled as provided herein, payment shall be a,..w. aiig -1v cipE-lV= I • • JU;N.29.2006 2:006PM RTC CUSTOMIZED TRNG NO. 691 P B. Tens of payment. The COLLEGE will submit an invoice for the instruction performed. The CLIENT will pay within thirty (30) days of receiving the invoice. Please submit payment to: Hennepin Technical College, Attn: Business Office, 9000 Brooklyn Blvd, Brooklyn Park MN 55445 V_ AUTHORIZED REPRESENTATIVES. All communications regarding the terms of this contract shall be submitted to the following persons: A. TRANZNG AND BUSINESS DEVELOPMENT DIRECTOR: Name: Jon Olson Phone: 952 - 995 -1312 Fax: 952 - 995 -1331 E -Mail: Jon.Olson@hennepintech.edu PROJECT MANAGER/TRAINING DEVELOPMENT DIRECTOR: Name: Dave Klocek Phone: 952- 995 -1315 Fax: 952- 995 -1331 E -Mail: Dave.Klocek@hennepintecb.edu B. CLIENT CONTACT PERSON/BILLING ADDRESS: Name: Torn Rallis Title: Deputy Chief Address: 216 Norht 4th St, Stillwater, MN 55082 Phone: 651- 351 -4951 Fax: 651 -351 -4967 E -Mail: tballis @ci.stillwater.mn.us VI. TERM OF CONTRACT. A. Effective Date: July 6, 2006 B. End Date: Deceaaber 12, 2006, or until all obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs first. VIL CANCELLATION. This contract may be cancelled by the COLLEGE or the CLIENT at any time, with or without cause, upon thirty (30) days written notice to the other party. In the event of such a cancellation, The COLLEGE shall be entitled to payment, determined on a pro rata basis, for work or instruction satisfactorily performed. VIII. ASSIGNMENT. Neither the CLIENT nor the COLLEGE shall assign or transfer any rights or obligations under this contract without the prior written approval of the other party. IX. LIABILITY. COLLEGE and the CLIENT agree that each will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The liability of the COLLEGE shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes Section 3.732 and 3.736 et seq., and other applicable law. If materials are being provided to the COLLEGE by the CLIENT, the CLIENT agrees to be responsible for and indemnify and defend, with the approval of the Attorney General's Office, COLLEGE against any claims alleging that the materials provided by the CLIENT infringe on any third party's United States and/or international patent(s), copyright(s), trademark(s), tradename(s), servicetnark(s) and servicename(s) or trade secret(s). X. AMERICANS WITH DISABILITIES ACT (ADA) CQMPLIANCE. The CLIENT agrees that in fulfilling the duties of this contract, the CLIENT is responsible for complying with the applicable provisions of the Americans with Disabilities Act. 42 T J, S.C. Section 12101; et sea. and regulations vromul ted pursuant to it. The COLLEGE IS NOT responsible for issues or challenges related to compliance with the ADA beyond its own routine use of facilities, services or other areas covered by the ADA. JUN.29.2006 2:07PM HTC CUSTOMS ZED TRNG NO. 697 P. 4 XI. AMENDMENTS. Any amendment cr supplement to this contract shall be in writing and shall be executed by the same parties who executed the original contract or their successors in office. XII. GOVERNMENT DATA PRACTICES ACT. The CLIENT must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the COLLEGE in accordance with this contract, and as it applies to all data, created, collected, received, stored, used, maintained., or disseminated by the CLIENT in accordance with this contract. The civil remedies of Minnesota Statutes Section 13.08 apply to the release of the data referred to in this Article by either the CLIENT or the COLLEGE. In the event the CLIENT receives a request to release the data referred to in this Article, the CLIENT must immediately notify the COLLEGE. The COLLEGE will give the CLIENT instructions concerning the release of the data to the requesting party before the data is released. XIII. RIGHTS IN ORIGINAL MATERIALS. The COLLEGE shall own all rights, including all intellectual property rights, in all original materials, including any curriculum materials, inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer based training modules, electronically or magnetically recorded materials, and other work in whatever form, developed by the COLLEGE and its employees individually or jointly with others or any subCLIENT in the performance of its obligations under this contract. This provision shall not apply to the following materials: N/A XIV. JURSIDICTION AND VENUE. This contract, and amendments and supplements thereto, shall be governed by the laws of the State of Minnesota Venue for all legal proceedings arising out of this contract, or bread thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. XV_ OTHER PROVISIONS. (Attach additional page(s) if necessary): N/A IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. APPROVED: .1. HE NEPIN TECHNICAL COLLEGE By: (Signature ofperson authorized to sign on behalf of COLLEGE) Title: Dean of Cusjolnized Trainince Services Date: 2. STILLWATER FIRE DEPARTMENT CLIENT certifies that the appropriate person(s) have executed this contract on belulf of the CLIENT as required by applicable articles, by -laws, resolutions or ordinances. By: Title: Date: MnSCUDa3 07/07/03 By: Title: Date: 3 � Memorandum • • To: Mayor and City Council ' From: Shawn Sanders, Interim Public Works Director Date: 7/6/2006 Re: Boutwell Road Advance Funds Resolution DISCUSSION: Earlier this year the City requested and was approved for an advance of construction funds from the Office of State Aid for Boutwell Road Phase 3. The advance was in the amount of $1.15M. The plans are completed and the engineer's estimate for the State Aid portion of the project is $2.45M, which is $600,000 higher than original of $1.8M. The City is requesting this additional amount for the project. Attached is a Municipal State Aid Street Fund Advance Resolution that is required by the Office of State Aid. Advance money would be repaid through the City's annual State Aid construction allotment. This year amount was $350,000, so it would take roughly five years to repay the advance of $1.7M for Boutwell Road. RECOMMENDATION: It is recommended that council approve the Municipal State Aid Street Funds Advance Resolution for funding of the Boutwell Road Phase 3 Project. ACTION REQUIRED If council agrees with the recommendation they should pass a motion approving RESOLUTION 2006 -_ MUNICIPAL STATE AID STREET FUNDS ADVANCE RESOLUTION. (Project 2005 -05B) BRAUN INTERTEC June 20, 2006 Proposal SP -06 -02869 Mr. Larry Hansen City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Re: Proposal for a Geotechnical Evaluation 2n and 3r Street Parking Ramp South Second Street Stillwater, Minnesota Dear Mr. Hansen: L U JUN 2 3 2006 Braun Intertec Corporation 1826 Buerkle Road Soint Poul, MN 55110 Braun Intertec is pleased to furnish this proposal for a geotechnical evaluation for the proposed 2 and 3r Street Parking Ramp in Stillwater, Minnesota. We will furnish the services described in our attached scope of services for a lump sum fee of $6,400. We anticipate the field work for this project can be started within approximately two weeks of receipt of authorization to proceed and should be completed in 2 day(s). Verbal results and recommendations will be reported to you during and after completion of the drilling program. Approximately 2 additional weeks will then be required for laboratory testing and preparation of our engineering report. We appreciate the opportunity to present this proposal. If acceptable after your review, please sign the Signature Page of one copy and return mail or fax the entire document, including the General Conditions, which are part of this proposal, to us as authorization to proceed. If there are questions regarding this proposal, please call us at 651.487.3245. Sincerely, Bret Borth Associate Principal SP0602869 Charles D. Hubbard, PE, PG Principal Engineer ORATION Attachments: Proposal for a Geotechnical Evaluation Proposed Boring Location Sketch Table 1. Estimated Costs General Conditions (6- 15 -06) Phone: 651.487.3245 Fax: 651.487.1812 Web: brounintertec.com Providing engineering and environmental solutions since 1957 Proposal for a Geotechnical Evaluation 2nd and 3` Street Parking Ramp South Second Street Stillwater, Minnesota Description and Understanding of Project It is our understanding that the City of Stillwater is assessing the feasibility of constructing a 4 -level parking ramp with a connected surface lot. The proposed ramp on South Second Street will be constructed adjacent to the north side of the Lowell Inn. With the exception of the northwestern corner, the location of the parking ramp will be constructed on relatively flat terrain with existing elevations ranging from about 710 to 714. Grades near the ramps northwest comer, however, rise to elevations as high as 922. Although little design information is available at this time, it is our understanding that the lowest level will be placed near existing grades of about 710 to 712 and have an entrance from and exit onto South Second Street. As previously mentioned, current plans also indicate a surface lot may extend from the upper level of the ramp and connect to South Third Street. In contrast to the location of the parking ramp, the surface lot will be constructed in an area of a rather steep slope. It appears that existing grades adjacent to South Third Street are near elevation 752 and slope down towards the proposed parking ramp to an elevation of about 714. It is our understanding that it is planned to establish the finished grade of the surface lot at about elevation 750. Mr. Hansen indicated that the surface lot will likely be partially supported at grade (adjacent to South Third Street) and partially be a structural deck where cantilevered adjacent to the proposed parking structure. Intermediate supports may also be necessary. We have assumed that the parking ramp will generally be constructed using reinforced concrete could have relatively high column loads on the order of 500 to 1,000 kips each. We anticipate that the geology of the site will likely vary from exposed to near- surface bedrock to terrace deposits consisting of sand and gravel, and/or existing fill. Proposed Scope of Services The terms and conditions under which the following proposed services will be provided are detailed in the attached General Conditions, which are part of this proposal. We have identified several work tasks that will need to be performed to complete the geotechnical evaluation for this project. The tasks are summarized in the paragraphs below. Staking Borings and Clearing Utilities Braun Intertec will stake the borings, measure surface elevations, and coordinate the clearing of public utilities. If the boring locations are critical to the development of the earthwork quantities or the plans and specifications, we request that you have the proposed boring locations staked by a survey crew or authorize us to expand our scope and retain the services of a surveyor to do this work. • • • • City of Stillwater Proposal SP -06 -02869 June 20, 2006 Page 3 Braun Intertec will contact Gopher State One Call and request they notify the appropriate utility vendors to clear the underground utilities. We request you or your authorized representative notify Braun Intertec immediately of the presence and location of any underground objects or private utilities that are not the responsibility of public agencies. Braun Intertec will take reasonable precautions to avoid underground objects. In authorizing this contract, you agree to waive any claims against Braun Intertec and will indemnify and hold Braun Intertec harmless for any claims or liability due to the injury or loss allegedly arising from our damaging of underground objects that were not called to our attention prior to the beginning of work. Mobilization/Demobilization and Drilling We propose to complete 8 standard penetration borings within the proposed parking structure, each to about 20 to 40 feet below existing grade. The attached sketch indicates the desired boring locations. The deeper borings will be performed closest to South Second Street, where grades drop off and the bedrock is likely deeper, and existing fill is more likely to be found. Penetration tests will be performed at 2 'h -foot vertical intervals to a depth of about 15 feet, then at 5 -foot intervals to the termination of the borings. We have also budgeted for 10 feet of rock coring in order to better assess the bedrock quality. If groundwater is encountered in the borings, the depth where water was encountered will be recorded on the boring logs. We assume the boring locations are accessible to a truck- mounted drill rig. Our field crew may alter the boring locations from those proposed to facilitate accessibility. If deeper than expected deposits of existing fill or organic materials are found in the borings, we will extend them through these materials. In such cases, the borings would be extended about 5 feet into native mineral soil deposits. This extra drilling is necessary for us to evaluate potential excavation depths and soil consolidation characteristics. If deeper borings are needed, we will contact you for authorization. The cost for this task includes support truck and drill rig rental, mileage, surveying and travel time for the crew. If site conditions change (such as soft ground), and an off -road rig is needed for access, additional charges will apply. Borehole Abandonment and Pavement Patching Minnesota Well Code requires that all borings (including borings drilled for geotechnical purposes) meeting the criteria of an environmental bore hole (EBH), generally those greater than 25 feet that encounter groundwater, be properly sealed so as not to pose a future hazard to the groundwater. Upon completing each boring, borings that meet the definition of an EBH will be properly sealed. Otherwise, they will be backfilled with drill cuttings. Based on the aforementioned scope of services, we anticipate that it will be necessary to seal 110 lineal feet of bore hole. Soil Laboratory Tests Samples will be returned to our laboratory when they will be visually classified and logged by a geotechnical engineer. Some routine laboratory tests may be conducted to assist in classifying the soils and evaluating their strength and compressibility. Potential tests include moisture content, sieve analysis (200 wash test) and Atterberg Limits. We have budgeted for 16 moisture content tests and 4 sieve analysis. Cost Summary City of Stillwater Proposal SP -06 -02869 June 20, 2006 Page 4 Geotechnical Analysis and Engineering Reports Data obtained from the borings will be used to evaluate soil and groundwater conditions and develop recommendations for site grading, foundation design, lateral earth pressures for design of foundation walls. Our report will include, but not be limited to: • A sketch showing the boring locations, • Log of Boring sheets describing the materials encountered, • A discussion of the subgrade and groundwater conditions, • Recommendations for soil correction, if needed, • Recommendations for site preparation, compaction and use of on -site material, • Excavation characteristics and stability and • Recommendations for design of foundations, slabs walls and pavements. One original report and one report copy will be submitted to you. Additional copies can be provided if requested. We will furnish the services described in this proposal for a lump sum fee of $6,400. The approximate cost for each task is shown in the attached Table 1. After you have reviewed our proposal and costs for the various tasks, we will be happy to meet with you and discuss our scope of services, provided clarification of the work tasks, or discuss how the work scope may be adjusted to meet your budget requirements. • • • Signature Page Re: Proposal for a Geotechnical Evaluation 2 "d and 3rd Street Parking Ramp South Second Street Stillwater, Minnesota City of Stillwater Proposal SP -06 -02869 June 20, 2006 Page 5 Braun Intertec appreciates the opportunity to present this proposal to you. It is being presented in duplicate so if it is acceptable, the original can be retained for your records and the copy can be signed and returned to us in its entirety as written authorization to proceed or as a confirmation of your verbal authorization. We will begin the project in accordance with our schedule, upon receipt of your authorization. The estimated cost of $6,400 presented in this proposal is based on the scope of services described in this proposal and the assumption that the proposal will be authorized within 30 days and the project will be completed within the proposed schedule. If the project is not authorized within 30 days, we may need to modify the proposal. If the project cannot be completed within the proposed schedule due to circumstances beyond our control, revising the proposal may be required for completion of the remaining tasks. Payment for services is due upon receipt of invoice, with interest added to unpaid balances after 30 days. • The attached General Conditions are part of this proposal. Authorization to Proceed: Please proceed according to the described scope of services and General Conditions. Authorizer's Firm Authorizer's Signature Authorizer Name (please print or type) Authorizer's Title Date BRAUN' INTERTEC 2ND & 3RD STREET SITE NORTH STILLWA'IIiR PARKING STUDY Denotes proposed boring location and proposed depth Soil Boring Location Sketch Proposed 2nd and 3rd Street Parking Ramp South Second Street Stillwater, Minnesota TOP L VEL 11 2) SCATS 1"=50' • NT DRAWN BY: APP'D BY: JOB No. DWG_No. SCALE AS SFfo .J/v t FICURE# 1 STAl 273 7D 343 DATE SHEET 4,-/3-G6 OF 1 • • • Braun Intertec Corporation Client: City of Stillwater Project : 2nd and 3rd Street Parking Ramp, Stillwater, MN er tec,Proposai1 ttiott: '6/19/2006 Extension Drilling Services Trip charge Soil Observations Moisture content (Astm D 2216) No. 200 only (ASTM C 117 or D 1140) Staking asr d Utility` ra Site layout and utility clearance Lng►neertng Consul Project Engineer Senior Engineer Project Assistant Soil Boring Location Sketch Scaled Table I: Estimated Costs Page 1 of 1 1.00 1 Each ! 3,734.11 I 3,734.11 Phase Total: $ 3,734.11 16.00 4.00 4.50 1.00 Tests Tests 11.75 53.00 Phase Total: Hours 3 77.00 Each 1 36.00 Phase Total: 188.00 212.00 $ 400.00 346.50 36.00 $ 382.50 11.45 Hours 117.00 1,339.65 1.68 ( Hours 135.00 226.54 3.20 Hours 61.00 195.20 1.00 1 Each 122.00 122.00 Phase Total: $ 1,883.39 Estimated Proiect Total: $ 6,400.00 - Providing engineering and environmental solutions since 1957 General Conditions Our agreement ("Agreement") with you consists of these General Conditions and the accompanying written proposal or authorization. Section 1: Our Responsibilities 1.1 We will provide the services specifically described in our Agreement with you. You agree that we are not responsible for services that are not fairly included in our specific undertaking. Unless otherwise agreed in writing. our findings. opinions, and recommendations will be provided to you in writing. You agree not to rely on oral findings. opinions, or recommendations without our written approval. 1.2 In performing our professional services, we will use that degree of care and skill ordinarily exercised under similar circumstances by reputable members of our profession practicing in the same locality. If you direct us to deviate from our recommended procedures, you agree to hold us harmless from claims, damages, and expenses arising out of your direction. 1.3 We will reference our field observations and sampling to available reference points, but we will not survey, set, or check the accuracy of those points unless we accept that duty in writing. Locations of field observations or sampling described in our report or shown on our sketches are based on information provided by others or estimates made by our personnel. You agree that such dimensions, depths, or elevations are approximations unless specifically stated otherwise in the report. You accept the inherent risk that samples or observations may not be representative of things not sampled or seen and, further, that site conditions may change over time. 1.4 Our duties do not include supervising your contractors or commenting on, overseeing, or providing the means and methods of their work, unless we accept such duties in writing. We will not be responsible for the failure of your contractors to perform in accordance with their undertakings, and the providing of our services will not relieve others of their responsibilities to you or to others. 1.5 We will provide a health and safety program for our employees, but we will not be responsible for contractor, job, or site health or safety unless we accept that duty in writing. 1.6 You will provide, at no cost to us, appropriate site safety measures as to work areas to be observed or inspected by us. Our emplo \ \, es are authorized by you to refuse to work under conditions that may be unsafe. 1.7 Estimates of our fees or other project costs will be based on information available to us and on our experience and knowledge. Such estimates are an exercise of our professional judgment and are not guaranteed or warranted. Actual costs may vary. You should allow a contingency in addition to estimated costs. Section 2: Your Responsibilities 2.1 You will provide us with prior geotechnical and other reports, specifications, plans, and information to which you have access about the site. You agree to provide us with all plans, changes in plans, and new information as to site conditions until we have completed our work. 2.2 You will provide access to the site. In the course of our work some site damage is normal even when due care is exercised. We will use reasonable care to minimize damage to the site. We have not included the cost of restoration of normal damage in the estimated charges. 2.3 You agree to provide us, in a timely manner, with information that you have regarding buried objects at the site. We will not be responsible for locating buried objects at the site unless we accept that duty in writing. You agree to hold us harmless from claims, damages, losses, and related expenses involving buried objects of which you had knowledge but did not timely call to our attention or correctly show on the plans you or others on your behalf furnished to us. 2.4 You will notify us of any knowledge or suspicion of the presence of hazardous or dangerous materials in a sample provided to us. You agree to provide us with information in your possession or control relating to contamination at the work site. If we observe or suspect the presence of contaminants not anticipated in our Agreement, we may terminate our work without liability to you or to others, and we will be paid for the services we have provided. 23 Neither this Agreement nor the providing of services will operate to make us an owner, operator, generator, transporter, treater, storer, or a disposal facility within the meaning of the Resource Conservation Recovery Act, as amended, or within the meaning of any other law governing the handling, treatment, storage, or disposal of hazardous materials. You agree to hold us harmless and indemnify us from any such claim or loss. BRAUN INTERTEC 2.6 Monitoring wells are your property, and you are responsible for their permitting, maintenance, and abandonment unless we accept that duty in writing. 2.7 You agree to make disclosures required by law. In the event you do not own the site, you acknowledge that it is your duty to inform the owner of the discovery or release of contaminants at the site. You agree to hold us harmless and indemnify us from claims related to disclosures made by us that are required by law and from claims related to the informing or failure to inform the site owner of the discovery of contaminants. Section 3: Reports and Records 3.1 We will fumish reports to you in duplicate. We will retain analytical data for seven years and financial data for three years. 3.2 Our reports, notes, calculations, and other documents and our computer software and data are instruments of our service to you, and they remain our property but are subject to a license to you for your use in the related proj for the purposes disclosed to us. You may not transfer our reports to others or use them for a purpose for which they were not prepared without our written approval, which will not be unreasonably withheld. You agree to indemnify and hold us harmless from claims, damages, losses, and expenses, including attorney fees, arising out of such a transfer or use. At your request, we will provide endorsements of our reports or letters of reliance, but only if the recipients agree to be bound by the terms of our agreement with you and only if we are paid the administrative fee stated in our then current Schedule of Charges. 3.3 Because electronic documents may be modified intentionally or inadvertently, you agree that we will not be liable for damages resulting from change in an electronic document occurring after we transmit it to you. In case of any difference or ambiguity between an electronic and a paper document, the paper document shall govern. 3.4 If you do not pay for our services in full as agreed, we may retain work not yet delivered to you and you agree to return to us all of our work that is in your possession or under your control. You agree not to use or rely up � our work for any purpose whatsoever until it i paid for in full. Page 1 of 2 • Providing engineering and environmental solutions since 1957 • 1 • STAFF REQUEST ITEM Department: Parks I Date: 07 -06 -06 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request to purchase ten 8' picnic tables for Pioneer Park. 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) Estimated cost $6,200 Budgeted under 2006 Parks Capital Outlay Machinery and Equipment ADDITIONAL INFORMATION ATTACHED Yes 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: I Date: ,� c_ &o, I • MEMORANDUM • • TO: Mayor and City Council FROM: Shawn Sanders, Interim PublicVorks Director DATE: July 5, 2006 SUBJECT: Purchase of Flow Meter DISCUSSION The Met Council has adopted a program throughout the metro area where they would impose a surcharge to those communities that are identified as having excessive inflow into the sanitary sewer system. Inflow is the result of direct runoff into the sanitary sewer system from roof drains, sump pumps, open manholes, etc. The City of Stillwater has been listed as a community where excessive inflow flows into the sanitary system. In 2005, two rain events August 26 and October 5, the City exceeded its limit by 1.2M gallons. According to the Met Council, the city would receive a surcharge of $340,000.00, spread equally over the next five years or $84,000 per year. The surcharge amount is returned to the City for such items as repairs, televising lines studies done to alleviate the problem. The Engineering department is currently looking at possible sources in reducing the inflow. One of the first steps in analyzing our system is to install a flow meter downstream of the Aiple lift station, to assure that the City's flow data is the same as the Met Council's. For about $10,000 the city can purchase a flow meter including base module and software that would monitor the sanitary flow leaving the City before it enters the wastewater treatment plant. The flow meters would provide us with information to compare average daily flows, and flows after rain events with the Met Council's data. Staff has budgeted money for additional flow meters in 2007 to monitor /identify areas of the city for potential inflow problems. RECOMMENDATION Staff recommends that Council approves the purchase of the flow meter ACTION REOUIRED Council should pass a motion adopting a resolution AUTHORIZING PURCHASE OF FLOW METER FOR THE ENGINEERING DEPARTMENT. Ottotatioo# 2060404 Quotation From: TECH SALES CO. 311 W. 44TH STREET MINNEAPOLIS MN 55409 Ph: (612) 823 -8238 Fx: (612) 823 -4272 Quotation For: City of Stillwater 216 North 4th Street Stillwater MN 55082 Ph: (651) 430 -8831 Fx: Attention: Richard Moore Reference: Isco 2150 Flow Module System Please Address Order To: Teledyne Isco, Inc. C/O TECH SALES CO. P.O. Box 223135 Pittsburgh, PA 15251 -2135 Item Qty 1 7 3 1 682000002 2102 Wireless Base Module QUOTATION Part #/Description 682050002 ISCO Model 2150 Flow Module with 2191 Battery Module. includes Area Velocity Sensor w/25' cable, 2 battery holders, and carrying handle with suspension strap. Also includes instruction manual and coupon for free Isco Open Channel Flow Measurement Handbook. 2 7 682000003 2102 Wireless Remote Module Stacks on 2150 Flow Monitoring System to provide two -way communication with base module (sold seperately). Includes 2102 manual. Can be connected to ISCO 6700 Samplers, 4200 Flow Meters, and 4100 Flow Loggers; with power source. file: /// //Rams/ rams /Still- st_quote_2060404.htm1 (1 of 3)5R 9/2006 4:59:43 AM Quotation #: 2060404 Revision #: Date: 05/19/06 .11 -Aci3 (i(-c) t�i9fs`� FOB: Lincoln, NE Delivery: 3 -4 Weeks ARO Salesman: Abraham Salamzadeh Validity: 30 Days Terms: Net 30 Days • • Price Ea Item Total 3,495.00 24,465.00 1,795.00 12,565.00 • 1,965.00 1,965.00 Quotation$ 2060404 10 Start up and Commissioning Tech Sales Co. offers equipment Start-Up and Commissioning services. Rates are $85.00 Per Hour, with a minimum of Two Hours. Travel time charges are for one way travel to the job site at $85.00 Per Hour. Please list the vendor for these services as "TECH SALES CO." Payment terms are net 30 days. NOTE : Start up is not included in Quote Total. Prices shown do not include freight or sales tax. Thank you for considering Tech Sales Co. for your instrumentation needs. Please review this quotation, if you have any questions please call us at (612) 823 -8238. By: Abraham Salamzadeh for Teledyne Isco, Inc. file: /// //Rams/ rams /Sti11- st_quote_2060404.html (3 of 3)5/19/2006 4:59:43 AM Quote Total 41,136.00 • • First Name Dave Address 324 S. 3rd Street City Stillwater Diane Ward, City Clerk THE BIRTHPLACE OF MINNESOTA APPLICATION FOR PERMIT TO SELL Permit No 2005 -- 157 Organization Organization Type (Individual, For- Profit, or Non - Profit Individual State MN Zip 55082 Mailing Address (if different than above) Daytime Phone 651- 248 -5378 Other Phone Event (softball game, wedding, etc. Ballfields Tournament .Type of Activity (fund raiser, dancing, music etc.) Beginning Day: Friday, July 21, 2006 Ending Day Sunday, July 23, 2006 Selling of Beer 3 -2 Selling of Beer (over 3 -2)* Selling of Liquor* ❑ Selling of Wine* ❑ *Requires a temporary License through MN Liquor Control OFFICE USE ONLY Location Lily Lake Ballfields Last Name Hackler Date of Birth: Beginning Time 1:00 PM Ending Time 5:00 PM Permit to Sell Issued ❑ Approved by City Council on CITY HALL: 216 NORTH FOURTH STREET • STILLWATER, MINNESOTA 55082 PHONE: 651 - 430 -8800 • WEBSITE: www.ci.stillwater.mn.us DATE: APPLICANT: REQUEST: LOCATION: COMPREHENSIVE ZONING: CC DATE: • REVIEWERS: July 5, 2006 Scott Shely lwa ter A u ' 0, ur M i N N f 0} A City Council CASE NO.: V \06 - A variance to allow the construction of a 1500 square foot single - family home to be located partially on or near 24% plus slopes. [31- 5.2(3)a.4] South of 621 Willard St W PLAN DISTRICT: SFSL - Single Family Small Lot RB - Two Family June 12, 2006 Community Dev. Director, Interim Public Works Director, City Attorney PREPARED BY: Michel Pogge, City Planner gr DISCUSSION The applicant is requesting a variance to Chapter 31- 5.2(3)a.4 of the Stillwater City Code to allow for the construction of a 1500 square foot single - family home to be located partially on or near 24% plus slopes. This section states: 4. No structure may be located on a slope of greater than 24 percent or within 30 feet of a 25 percent or greater slope. This site is located south of the property at 621 Willard Street W and is legally described as Lots 7 and 8, Block 1, Holcombe's Addition and part of vacated South Harriet Street per document no 807955, excepting the East 10 feet of Lot 8, Block 1, Holcombe's addition. The property has been assigned a property identification number of 33.030.20.21.0005 by Washington County. Mr. Shely purchased Lots 10, 11, and 12, Block 2, Holcombe's Addition (locally known as 716 Harriet Street) in July 1987. In March of 1994 Mr. Shely purchased Lots 7 and 8, Block 1, Holcombe's Addition. Mr. Shely subsequently sold Lot 10 -12, Block 2, Holcombe's Addition and the west 1/2 of Property south of 621 Willard St W Page 2 South Harriet Street in March of 2005 and retained ownership of Lots 7 and 8, Block 1, Holcombe's Addition. EVALUATION OF REQUEST The applicant, Mr. Scott Shely, is requesting consideration of a variance to Chapter 31- 5.2(3)a.4 of the Stillwater City Code to allow for the construction of a 1500 square foot single - family home to be located partially on or near 24% plus slopes. The subject site is zoned RB, two - family residential. In the RB zoning single- family homes, duplexes, and parks & playgrounds are permitted uses. The lot is 120' x 150' for a total of 18,000 square feet in area. The lot meets all of the requirements of the zoning code with the exception that it fails to have the required 35 feet of frontage on an improved public street as required by Chapter 31- 1.12(5)7 of the Stillwater Zoning Code. As of the time of this staff report the applicant has not requested a variance to the required 35 foot frontage on an improved public street and this potential variance is not being considered as part of this request. In reviewing the slope variance all of the following conditions must be met: 1. A hardship peculiar to the property, not created by any act of the owner, exists. Personal, family or financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance. Lot configuration and Topography The topography and slopes encountered on the property are a natural occurrence not created by the property owner. Letters submitted with the application from Mr. Mark Vierling of Eckberg Lammers Attorney at Law and Mr. Todd Erickson, P.E. of Folz, Freeman, Erickson, Inc. an engineering services company, attached as Exhibits "A" and "B" respectively, both claim that utilities, sanitary sewer and storm sewer, installed and maintained by the City have a direct impact on the subject site. This may be the case, however, the City secured and easement from a previous owner of the subject property as evident in the easement filed in Book 97 of deed, page 169, in the Washington County Records. While the current property owner may not have been a direct party to this easement the fact that a previous owner entered into this easement and the easement was made part of the official record, Mr. Shely made himself a party to the easement when he purchased the property. Additionally, at the request of Mr. Shely, the City amended the easement from a non defined easement area to a defined easement area as evident in revised easement filed in the Washington County Records. Mr. Shely signed and was a direct party to this revised easement making him a direct party to the easement. Vacation of Harriet Street As discussed earlier the proposed parcel fails to meet the required 35 feet of frontage on an improved public street as required by Chapter 31- 1.12(5)7 of the Stillwater Zoning Code. This is counter to the claim by Mr. Vierling in his May • • • • Property south of 621 Willard St W Page 3 10, 2006 letter that the lot is compliant in terms of all dimensional requirements of the zoning code. This issue may not be directly related to the question on hand, however, it is an item that needs to be considered. Even if a variance to the slope setback is granted this lot will still be a nonconforming lot and will at a minimum required a variance to the zoning code. In a letter dated March 17, 1994, attached as Exhibit "C ", Mr. Shely requested the City vacate a 60' x 150' portion of Harriet Street. In this letter Mr. Shely called the property "a piece of vacant wooded land on a slope ". Additionally, Mr. Shely stated that "I own the property on both sides of the described city Iand and would like to have the property all connected together." In the same letter he stated "that would leave me with 60' frontage on Harriet Street." In reviewing the street vacation (see exhibit "D "), City Staff noted that the request was to vacate a 60' x 150' portion of South Harriet Street between Abbott Street and West Willard Street. Additionally, the report stated "the property owner has indicated he would like all properties combined" referring to the properties he owned on either side of the now vacated portion of South Harriet Street. The City of Council approved the request on May 3 1994. A resolution was subsequently filed with the Washington County recorder as document 807955, attached as Exhibit "E ". Minimum lot frontage on an improved public street Mr. Shely owned both this property and Lot 10 -12, Block 2, up to February of 2005. At that time the combined property had 60 feet of frontage on an improved public street. In March of 2005 Mr. Shely sold Lot 10 -12, Block 2. When Mr. Shely sold the property he in effect created two non - conforming lots and the hardship. In the letter from Mr. Erickson (Exhibit "B "), he stated "that the lot would access the parcel from Harriet Street. Additionally, the current ordinance allows for a minimum of 30 -feet of frontage (City Code Chapter 32, Subd. 6(10)e) onto an approved street." The code section cited by Mr. Erickson states exactly: (10) Lot requirements. Lot requirements are as follows: e. Building sites. Each lot used as a building site must have a total width at the front or rear lot line of not less than 30 feet. This code section does not relate to "minimum lot frontage on an approved street" but rather a minimum lot width required by the City's subdivision standards for all lots in the City of Stillwater. The minimum frontage requirement for all lots in the RB zoning district is a zoning requirement found in Chapter 31- 1.12(5)7 of the zoning ordinance and states: Property south of 621 Willard St W Page 4 7. Frontage requirements - For all buildings at least 35 feet of frontage on an improved public street. This parcel only has 30 feet of frontage on Harriet Street, the only improved public street adjoining the subject site, and does not meet the minimum frontage requirement in the RB zoning district. This lot only has 30 feet of frontage due to the actions of Mr. Shely in requesting that the City vacate Harriet Street and then not connecting the property together with his lot to the west. At the time of the adoption of the regulations Mr. Shely; owner of the nonconforming, undeveloped lot; also owned the adjacent development property that, if combined would have met the minimum requirements of the ordinance. These lots were required to be combined in order to create a conforming lot. Dedering vs. Johnson, 239 N.W. 2d, 913 (Minn. 1976) The failure to meet the minimum lot frontage on an improved public street is a hardship created by the applicant and is not eligible for a variance. 2. A variance is necessary for the preservation and enjoyment of substantial property rights; and, if granted, would not constitute a special privilege not enjoyed by neighbors. The subject site is zoned RB, two - family residential. In the RB zoning single - family homes, duplexes, and parks & playgrounds are permitted uses. If this variance would be denied the current use as a private open space area could continue as a permitted use so reasonable use of the property would not be precluded. In addition, currently the Washington County Assessor has set the market value of the property at $14,000. According to Mary Jane Peterson of the Washington County Assessor's office the current value is inline for an unbuildable open space lot. If the lot were considered buildable an appropriate assessed value would be in the range of $80,000 to $90,000. This is to say that the assessor believes open space to be a reasonable use of the property. 3. The authorizing of the variance will not be of substantial detriment to adjacent property and will not materially impair the purpose and intent of this section or the public interest nor adversely affect the comprehensive plan. The purpose of the steep slope regulations, as described in Chapter 31 -5.1, is to protect the health, safety and community welfare and to otherwise preserve the natural environmental resources of the city in areas having significant and critical environmental characteristics. It is the burden of the applicant to provide sufficient data that shows that is the variance were to be issued that it will not adversely affect or be detrimental to adjacent properties. Storm Water One intention of these regulations includes protecting the public from water runoff and soil erosion. On behalf of the applicant Mr. Erickson prepared a 1. • • Property south of 621 Willard St W Page 5 storm water report on the impacts of constructing a home on the site, attached as Exhibit "G ". The report models the impact the proposed home will have on the subbasin of the ravine. The storm water report fails to address what impact filling within the ravine will have on existing homes in the area. Mr. Erickson noted that the proposed home will be built 3 -feet above the "emergency overflow to the area" but fails to address the impacts filling a portion of the ravine will have on the existing homes along the ravine. This is particularly important since during major storm events storm water currently ponds at the bottom of the ravine before entering the City's sanitary sewer system or infiltrating into the ground. At a minimum the applicant needs to show that with the current system conditions the proposed fill will not adversely affect adjacent properties. Mr. Erickson also stated in his letter that "The flooding is currently not an issue due to the fact that the area drains to the sanitary sewer. City staff has indicated that this system will be altered to not take storm water in the future. A hardship exists due to this issue, requiring us to place the potential home site in a location of defined steep slopes in order to accommodate the city utility." It is true that the City is looking at system changes to correct this issue; however, the fact that the City may or may not make a change in the future to correct a problem with storm water infiltration into the sanitary sewer system is not grounds to allow a property owner to exacerbate conditions. Additionally, allowing the area to drain into the sanitary system today is actually a benefit to the property over what would be occurring if this condition did not exist. Again, these ordinances are in place to protect the health, safety and community welfare. It is the applicant's burden to prove the variance will not be a substantial detriment to adjacent property owners, which he has failed to provide. Vegetation Alterations Chapter 13- 5.2(3)c requires that trees, located within area with steep slopes, over six (6) inches in diameter or larger measured at 54 inches above the ground level and located within the required setbacks not be removed or cut unless the tree is diseased. These regulations, as set in Chapter 13- 5.2(3)a, protect existing slopes from becoming unstable. Due to the location of existing homes in the area this requirement is especially important. Mr. Shely previously submitted to the City a certificate of survey prepared by Mr. Barrett Stack, LS, attached as Exhibit "F ". The survey prepared by Mr. Stack shows the location of steep slopes on the subject site. The proposed site plan prepared by Mr. Erickson fails to identify the exact extent and location of the steep slopes. The applicant needs to prepare a site plan that shows the location of any tree meeting this is requirement and show how they will be protected. Currently if the site would be graded according to the Erickson site plan it appears that trees requiring protection would be disrupted. Property south of 621 Willard St W Page 6 FINDINGS In consideration of the above, Staff has made the following finding on this request: 1. That the hardship is not peculiar to the property and is created by an act of the owner. In this context, personal financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance. 2. That a variance is not necessary for the preservation and enjoyment of substantial property rights currently possessed by other properties in the same district and in the same vicinity; and that a variance, if granted, would constitute a special privilege of the recipient not enjoyed by his neighbors. 3. That the authorizing of the variance will be of substantial detriment to adjacent property and materially impair the purpose and intent of this title, the public interest, and adversely affect the Comprehensive Plan. ACTION BY THE PLANNING COMMISSION The Planning Commission reviewed the application for a variance on June 8, 2006. At that meet the Commission denied that variance unanimously. RECOMMENDATION Deny the variance since an affirmative finding could not be made. • • • • • • Property south of 621 Willard St W Page 7 Exhibits: A - Letter from Mr. Mark J. Vierling of Eckberg Lammers Attorneys at Law dated May 10, 2006 B - Letter from Mr. Todd A. Erickson, P.E. of Folz, Freeman, Erickson, Inc. dated April 10, 2006 C - Letter from Mr. Scott Shely to the City Council of the City of Stillwater dated March 17, 1994 D - Planning Application Review report to the Planning Commission dated April 11, 1994 E - Resolution No. 94 -112 of the City Council of the City of Stillwater F - Certificate of Survey prepared by Barrett M. Stack dated March 16, 2005 G - Storm Water report from Mr. Todd A. Erickson, P.E. of Fols, Freeman, Erickson, Inc. dated May 10, 2006 H - Site Plan from Mr. Todd A. Erickson, P.E. of Fols, Freeman, Erickson, Inc. dated April 10, 2006 I - Memorandum from Shawn Sanders, City of Stillwater Interim Public Works Director date June 7, 2006. J - Application for a variance from Scott Shely dated May 10, 2006 K - Location Map L - Letter from Mr. Mark J. Vierling of Eckberg Lammers Attorneys at Law dated June 19, 2006 M - Unsigned letter from Folz, Freeman, Erickson, Inc. dated April 10, 2006 and included in the June 19, 2006 letter from Mr. Mark J. Vierling of Eckberg Lammers Attorneys at Law • • • ECKB ERG � CANNERS 11 Al iJ0.NEY5 AT LAW AT AT LAW May 10, 2006 City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Re: Our Client: Scott Shely Our File No.: 20720 -14513 Gentlemen: Exhibit A Writer's Direct Dial: (651) 351 -2118 mvierling @eckberglammers.com Application for Variance Affecting Lots 7 and 8, Block 1, Holcombe's Addition and Part of Vacated South Harriet Street Per Document No. 807955 Excepting the East 10 Feet of Lot 8 of Said Lot 1 This office has been retained by Mr. Scott Shely to assist with regard to the processing of his application for variance with the City to develop the above - referenced property for a single family residential home site. You already have in your possession the correspondence from Folz, Freeman and Erickson describing the nature of the improvement and the unique features of the lot with a site description and drawing. The City's file should also reflect the existence of the Planning Administrative Application Form which has been filled out and signed by the client. The City's variance standards parallel those existing within the State's statutory framework and essentially the application for a variance must show the following: 1. A hardship peculiar to the property not created by the act of the owner. Personal family or financial difficulty, loss of prospective profits and neighboring violations are not hardships. 2. That the variance is necessary for the preservation and enjoyment of substantial property rights and would not constitute a special privilege enjoyed by neighbors. ECKBERG, LAMMERS, BRIGGS, WOLFF VIERLING, PLLP Family Law / Divorce • Business and Commercial Law • Criminal Law • Personal Injury / Wrongful Death Estate Planning / Probate • Real Estate • Land Use Law • Mediation • Municipal Law • Civil Litigation 1809 Northwestern Avenue, Suite 110 Stillwater, Minnesota 55082 (651) 439 -2878 Fax (651) 439 -2923 www.eckberglammers.com James Lammers Robert Briggs Mark Vierling Thomas Weidner Susan Olson David Snyder Sean Stokes Laura Domagala Joshua Christensen Timothy Brausen • • • City of Stillwater May 10, 2006 Page 2 of 2 3. That the authorization of the variance will not be of substantial detriment to the adjacent property and will not materially impair the purpose and intent of the ordinance or the public interest and not adversely affect the comprehensive plan. The property in question is zoned permitting single family use. The subject lot is in itself surrounded by single family use by neighbors. The proposal by the applicant is for the ability to construct a single family residence on the building site as depicted by the surveyor. The lot itself is compliant in terms of its dimensional requirement. It is only relative to the issue of slope that a variance is necessary. Slope in this particular instance has been uniquely created on this lot and complicated as a result of the existence of city utilities. There is an easement on the property for sanitary sewer and there also appears to exist an abandoned storm water catch basin, both of which are utilities managed by the City of Stillwater directly adjacent to the south of the property. The location of those utilities has complicated and impacted the location for the building pad on the property. Those utilities obviously were constructed by the City of Stillwater and were not created by my client or the predecessors in title on this property. Those utilities also complicate and influence the existing slopes on the property which are capable of being managed in the manner set forth by the report and letter of Mr. Erickson of Folz, Freeman and Erickson, which has been provided to you with the application. From the standpoint of reviewing the property with regard to unique circumstances, there is no question but that the property has very specific and peculiar surface with unique geographical features which were not created by the property owner. The property does have the required dimension for a single family lot within the City of Stillwater and otherwise meets all setbacks. The variance requested is only that which is necessary in order to allow the property to be used for single family development which is consistent with the neighboring development scheme from a land use perspective and compliant with the terms and provisions of both the City's code and the comprehensive plan. There is no question but that since the area is guided for single family residential development, the reasonable utilization of the property as acknowledged by the City code and comprehensive plan is for single family development. Denial of the variance will have the effect of denying all utilization of the property for the purposes for which the area is guided under the City's code and would be an effective denial of all use of the site. Development of the site for single family residential purposes will not have a negative impact on any adjacent residential sites as none have any property right relative to precluding development on an adjacent site which currently meets all dimensional requirements of your code for that purpose. Certainly, there will be no negative impact on any property relative to the construction of another single family residence amongst a neighborhood of single family residences. • • • City of Stillwater May 10, 2006 Page 3 of 2 The existence of the slopes on the property, which requires grading in order to create the appropriate building site, is not a new issue within the City and indeed is one for which several variances have been granted by the City in the past relative to construction of a single family dwelling or other associated residential structures vis a vis slope. In our view, the property clearly qualifies for hardship due to its peculiar geographic and surface conditions which were not created by the homeowner. Rowell v. Board of Adjustment of City of Morehead, 46 N.W.2d 917 (Minn. App. 1989); Saastetter v. City of St. Paul. 529 N.W.2d 488 (Minn. App. 1995). The history of judicial decisions dealing with not only the hardship issue but the denial of a substantial property right should the variance be denied is also impacted under the circumstances of this particular application since the applicant seeks to place the property in use for which would otherwise be a permitted and indeed is a guided and preferred land use under the City's zoning ordinance and comprehensive plan Although it can be expected that some neighbors may object to the nature of the development being proposed, the law is very clear that the objections of adjacent property owners in and of itself is not sufficient grounds for purposes of denial of a variance under the laws of the State of Minnesota. C.R. Investments, 304 N.W.2d at 325; Amoco Oil Company v. City ofMinneapoli.s, 395 N.W.2d 115. 118 (Minn.Ct.Ann.1986). Based upon the facts and circumstances presented by this application, we respectfully request that the Planning Commission approve the variance as submitted by Mr. Shely as it is compliant not only with the intent and purpose of the City's comprehensive plan and zoning code, but is consistent with neighborhood development and further consistent with past variances relative to slope that have already been granted by the City of Stillwater in its history. We look forward to meeting with the Planning Commission relative to this -- ' n attendance at the public hearing that will be scheduled in this matt MJV /sdb cc: Scott Shely rk J. Vierling, • • Folz Freema , Erickson, Inc. � Exhibit B April 10' 2006 City of Stillwater Planning Commission 216 North 4th Street Stillwater, MN 55082 RE: Scott Shely Property Dear Planning Commission: LAND PLANNING • SURVEYING • ENGINEERING We have been retained by Mr. Scott Shely to analyze and help develop a potential home layout that would work with his existing lot, located at the intersection of Harriet and Abbott Street. Abbott Street is an unapproved street. The lot would access the parcel from Harriet Street. The current ordinances allow for a minimum of 30 -feet of frontage (City Code Chapter 32, Subd. 6(10)e) onto an approved street which we have shown on our site map. Utilities are available and can be brought to the lot by the future lot owner. The driveway to the home has a proposed driveway slope of less than 12 %. The location of the home has been placed on the site to avoid a potential flooding issue. The flooding is currently not an issue due to the fact that the area drains to the sanitary sewer. City staff has indicated that this system will be altered to not take storm water in the future. A hardship exists due to this issue, requiring us to place the potential homesite in a location of defined steep slopes in order to accommodate the city utility. The location, although located in an area of steep slopes, can function from an engineering standpoint with the existing topography to easily accommodate a walkout home with a low floor elevation 3 -feet above the emergency overflow to this area. With the submitted site map we are requesting a variance to the slope setback only. It is our intention to have the City require the future lot owner or builder to conform to this plan and be approved by engineering prior to allowing for a building permit. We have made efforts with the design to show how to control runoff and erosion on the site with the erosion control features and swales that allow for the water to be routed on the property and not the neighboring parcels. We respectfully submit this information to allow for you to make a decision Sincerely, Folz, Freeman, Erickson, Inc. Todd A. Erickson, PE 5620 Memorial Avenue North, Stillwater, MN 55082 • Phone: (651) 439 -8833 • Fax: (651) 430 -9331 • Website: wwwffe-inc.com Bruce A. Fols, LS Timothy J. Freeman, LS Todd A. Erickson, PE 1939.2001 President Vice President Exhibit C 3 + qy • Q0A)c, • d,; kASAn i D Lo+ �o v\ Wet.be K 613 c - k - u., 16 6 -- I Le . I6 1.6 i he Qck5c r.) 3 c.,v-_Y\ l c, 6 f 1f\ 5 p CGi u S f I -42.6 rv c)©�.�� V SEl � ►.+t I� To w. 0, 156 0 0.) N 1c'- L; I cD try .s Q es ce. /) 10A 1;/\)Q. W fw_IAA; 55 12 O C --V ck.e.scRTi ''6A)`3 v\zQvi-ck. (2 )c ,z5-+c k c tR.amazc <'dr lo srAc\v-5Q c\r ,, a \ , 6,6, .6 (1(56 -43 fL):) �.Co�v�� Q6, 1 v\, OC w • • • PLANNING APPLICATION REVIEW Case No. SUB /94 -13 Planning Commission Date: April 11, 1994 Project Location: 716 South Harriet Street Zoning District: Two - Family, RB Applicant's Name: Scott Shely Type of Application: Minor Subdivision Proiect Description A resubdivision of a 10' x 150' portion of Lot 8, Blk 1, Holcombe's Addition. Discussion Exhibit D In relation to the previous Case No. SV/94 -12, Mr. Shely would like to sell a 10' x 150' ft portion of Lot 8 to Lot 9. The owner of this property also owns Lot 4 (located at 613 West Willard), Lot 9 and Lot 10. This will make the west property line straight. Findings The proposal meets the intent of the subdivision ordinance. Recommendation Approval Attachments Application Form Site Plan ,k,26 ervI ---17 • Community Development Director City of Stillwater June 19, 2006 • Page 2 of 2 • • There was no information in the record that would support such a conclusion although we offered at the time of the hearing to supply an estimate with regard to soils that would be necessary to be moved in order to accommodate the construction. Notwithstanding that offer and lack of information within the file relative to the reason for the denial, the maker of the motion summarily made the motion to deny. Upon conferring with the consulting surveyors and engineers assisting our client relative to the development of this property, we have been informed that an average residential property will disrupt and /or move somewhere between 500 to 1,000 cubic yards of soil in order to complete a single family residential construction. This particular project affecting this specific lot is estimated only to disrupt 1,900 cubic yards of dirt, slightly more than that which is experienced within the average residential construction. There is no widespread disruption of this property as presumed by the Planning Commission in following through with its motion to recommend denial and the overall character of the lot, as well as the residential character of the neighborhood, would not be disrupted in any significant fashion as a result of the development of a single family structure upon the property as proposed by our client. The criteria set forth within the ordinance upon which variances should be granted have been satisfied by Mr. Shely and this proposal to construct a single family residence upon the property and to deny the same is confiscatory of the reasonable use that he would otherwise have implemented upon the property which is consistent with the comprehensive plan, the zoning code and the existing pattern of development within the neighborhood. We respectfully appeal from the decision of the Planning Commission and request that ouncil gra t the variance as requested. MJV /sdb Enclosure Filing Fee $50.00 cc:Scott Shely Mark J. Vierling • olz, Freeman, Erickson, Inc. April 10 2006 City of Stillwater Planning Commission 216 North 4th Street Stillwater, MN 55082 RE: Scott Shely Property Dear Planning Commission: Il II LAND PLANNING • SURVEYING • ENGINEERING ' FFE E Exhibit M We respectfully submit this information to allow for you to make a decision We have been retained by Mr. Scott Shely to analyze and help develop a potential home layout that would work with his existing lot, located at the intersection of Harriet and Abbott Street. Abbott Street is an unapproved street. The lot would access the parcel from Harriet Street. The current ordinances allow for a minimum of 30 -feet of frontage (City Code Chapter 32, Subd. 6(10)e) onto an approved street which we have shown on our site map. Utilities are available and can be brought to the lot by the future lot owner. The driveway to the home has a proposed driveway slope of less than 12 %. The location of the home has been placed on the site to avoid a potential flooding issue. The flooding is currently not an issue due to the fact that the area drains to the sanitary sewer. City staff has indicated that this system will be altered to not take storm water in the future. A hardship exists due to this issue, requiring us to place the potential homesite in a location of defined steep slopes. The location, although located in an area of steep slopes, can function from an engineering standpoint with the existing topography to easily accommodate a walkout home with a low floor elevation 3 -feet above the emergency overflow to this area. With the submitted site map we are requesting a variance to the slope setback only. It is our intention to have the City require the future lot owner or builder to conform to this plan and be approved by engineering prior to allowing for a building permit. We have made efforts with the design to show how to control runoff and erosion on the site with the erosion control features and swales that allow for the water to be routed on the property and not the 4 neighboring parcels. 5620 Memorial Avenue North, Stillwater, MN 55082 • Phone: (651) 439 -8833 • Fax: (651) 430 -9331 • Website: www.ffe- inc.com 7...4.1 d L'.:,. L..,... or • Check list for Planning Applications Incomplete or unclear applications /plans will be returned to the applicant and may result in delay of application processing. Check and attach to application. ❑ The application form completed and signed by the property owner or owners authorized representative. O Building plans clearly dimensioned and scaled (16 copies). ❑ The site plan showing exterior property lines, easements, lot width and depth and lot area building(s) location. (See attached site plan example, a parcel boundary survey may be required). O All adjacent streets or right of ways labeled. ❑ Location, elevation, size, height of building or addition, dimensions, materials and proposed use of all buildings and structures (including walls, fences, signs, lighting and hooding devices) existing and proposed for the site (if the site is in a Historic District, additional design detail maybe required). ❑ Distances between all structures and between all property lines or easements and structures. D Show Adjacent buildings to this application site and dimension from property line. ❑ All major existing trees on the site (4 inch caliber or greater), giving type, location, size and other site coverage conditions. ❑ Show existing significant natural features such as rock outcroppings or water courses (existing and • proposed marked accordingly). ❑ Locate all off - street parking spaces, driveways, loading docks and maneuvering areas with dimensions for driveway widths and parking space sizes. Ill Pedestrian, vehicular and service points of ingress and egress; distances between driveways and street corners. ❑ Landscape plan showing number of plants, location, varieties and container sizes (landscape plan). ❑ Existing and proposed grading plan showing direction and grade of drainage through and off the site; indicate any proposed drainage channels or containment facilities. ❑ Required and existing street dedications and improvements such as sidewalks, curbing and pavement (may not be required). ❑ Letter to the Planning Commission describing the proposed use in detail and indicating how this use will effect and compatibility with adjacent uses or areas. ❑ Applications for new structures on slopes of 12 percent or greater must include an accurate topographic map. The map must contain contours of two -foot intervals for slopes of 12 percent or greater. Slopes over 24 percent shall be clearly marked. O Other such data as may be required to permit the planning commission to make the required findings for approval of the specific type of application. s,„A . �0 -06 Applicant/Owner a ture Date ECKBERG Agq,,, LAMNiERS flip ATTORNEYS AT LAW ATTORNEYS AT LAWW Writer's Direct Dial: (651) 351 -2118 Writer's E -mail mvierling @eckberglammers.com Stillwater Community Development Director Stillwater City Hall 216 North Fourth Street Stillwater, MN 55082 Re: Case No. V/0620 Application of Scott Shely for Variance Our File No. 20720 -14513 June 19, 2006 RECEI „ ED J-2- -0 2006-- - COMMUNITY DEVELOPMENT DEPARTMENT Appeal from Decision of the Planning Commission of the City of Stillwater of June 12, 2006 Dear Community Development Director: Exhibit L 18C-3 Northwestern Avenue, Su Stillwater, Minnesota 55082 (65]) 439 -2878 Fax (65]) 439 -2923 www.eckberglammers.com On behalf of our client, Mr. Scott Shely, we are herewith filing this appeal pursuant to your ordinance from the decision of the Planning Commission recommending denial of the variance that he has applied for to the City affecting the property that he owns, being Lots 7 and 8, Block 1, Holcombe's Addition and part of vacated Harriet Street per Document No. 807955, excepting the east 10 feet of Lot 8 of said Block 1. We incorporate by reference as part of this appeal our client's application, our previous correspondence directed to the City on his behalf dated May 10, 2006 and the correspondence from Folz, Freeman and Erickson directed to the City also as part of the application, which is within the City file and received at the time the application was filed with the City. All of the aforementioned documents constitute the basis for our appeal from the decision of the Planning Commission. In addition thereto, the Planning Commission denied the application based upon the sole stated position of the maker of the motion that it would take thousands and thousands of cubic yards of soil that would have to be removed from the slopes that would be disruptive in order to accommodate any building on this lot. ECKBERG, LAMMERS, BRIGGS, WOLFF G VIERLING, PLLP Family Law / Divorce • Business and Commercial Law • Criminal Law • Personal Injury / Wrongful Death Estate Planning / Probate • Real Estate • Land Use Law • Mediation • Municipal Law • Civil Litigation James Lammers Robert Briggs Mark Vierling Thomas Weidner Susan Olson David Snyder Sean Stokes Laura Domagala Joshua Christensen Timothy Brausen • • cn a) z o a) L a) U c to O > O a) (V Q 1 _O co ( > . a) O � a Z O � v) O a) ca v O co cn • ANNING ADMINISTR. ,'ION APPLICATION FORM Exhibit COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 action are attached to this a li pp c tron. Telephone No. 1 I i_I 8 Signature (Signature is fired) � ot Size (dimensions) I5 x I�c� Wand Area I `3,Ooo Height of Buildings: Stories Feet Principal 1 s \-0�`1 Accessory H:\mcnamara \sheilaPLANAPP,FRM April 20, 2005 +h■S t 5 �u!L 6 ∎ Ae pIGv• 1 Qlt; �t c&D Q (1v�G\ ovn\U Representative Mailing Address City - State - Zip i Case No: Date Filed: Fee Paid: Receipt No ACTION REQUESTED Special /Conditional Use Permit X Variance Resubdivision Subdivision* Comprehensive Plan Amendment* Zoning Amendment* Planning Unit Development * Certificate of Compliance *An escrow fee is also required to offset the costs of attorney and engineering fees. The fees for requested a The applicant is responsible for the completeness and accuracy of all forms and supporting material submittei in connection with any application. All supporting material (i e., photos, sketches, etc.) submitted with applicatioi becomes the property of the City of Stillwater. Sixteen (16) copies of supporting material is required. If applicatioi is submitted to the City Council, twelve (12) copies of supporting material is required. A site plan showing drainage and setbacks is required with applications. Any incomplete application or supporting material will delay the application process. After Planning Commission approvals, there is a 10 -day appeal period. Once the 70 -day appeal period has ended, the applicant will receive a zoning use permit which must be signed and submitted to the City to obtain the •reuired building permits. Lb -t-1 +'3 gNoc� 1 } 1 bk M PROPERTY IDENTIFICATION Address of Project w � ‘\r. \14fLk ;G\ 11 c,ctNtofv cY �c.t' n,kkSt` Assessor's Parcel No. , a6 . , 000c Zoning District R13 ° of Project sQ.kle<vv Oct n N c (GEO Code) a c, t �5 Q lobe loc0,Ase ; �R�,al� ova oR hpio2 aq _ 1nn0 1 "I hereby state the foregoing statements and all data, information and evidence submitted herew in all respects, to the best of my knowledge and be lief, to be true and correct. I further certify I will comply with the permit if it is granted and used." Property Owner SQc 5 \\Q \■\ Mailing Address ac ` 4c u , \& v- \ City,- State - Zip G Qc 5buc S \ -yAy p J t RECEIVED MAY 1 p 2006 Telephone No._ N bFPARTMF�IT eiv� Signature SITE AND PROJECT DESCRIPTIONS'gnature is required) IS 00 floo 44111* Total Building floor area �I � � - Ho QCt 6G Q square feet Existing square feet Proposed a square feet (1560 ko &) Paved Impervious Area SS6 square feet No. of off - street parking spaces 3 t Exhibit I MEMORANDUM TO: Bill Turnblad, Community Development Director FROM: Shawn Sanders, Interim Public Works Director DATE: June 7, 2006 SUBJECT: Scott Shely Property A portion of this property is located in a low point of an 11 acre drainage area. The area would be landlocked, except that storm runoff drains into the existing sanitary sewer main via a catch basin, located at the southeastern corner of the property. This drainage area has been identified by City staff as a potential source for inflow problems and is being evaluated by city staff. The Met Council has begun an inflow surcharge program, where cities will be charged an amount based on this inflow excessive inflow. The City of Stillwater has been notified that they are on the Met Council's "list" and we are now exploring options to correct the problem. A storm analysis of the drainage area has been provided, with the condition of no flow into the sanitary sewer. The basin high water level does not appear to affect the proposed house basement elevation, but would be high enough to flood two of the existing homes. City sewer and water is available to the property, sewer would be connected to the main at the southeast corner of the lot. A water service would have to be extended down Harriet Street from the main on Willard to serve the house with water. • Exhibit H s SCnt SHELY PROPERTY STILL WA TER, MN GRADING/LAYOUT PLAN I 30 1 LJ cn 'bcP / 4::' N / " 5, co o 30 1 EXIST.SAN MH WALK -OUT 30' MST FLOOR El 0 SASEMEHr EL .1178.0 PROPOSED HOUSE PROFILE ELEVATIONS NO SCALE 30,� 9 06 878 RETAINING WALL _.. e 8 84 I 990. {15yy5` 0 C OQ co co 82. W. ABBOTT SIR BASIN HIGH WATER ELEVATION 10 -DAY 100 -YEAR SNOW MELT EVENT = 875.2 Fploi� ""°'" Folz, Freeman, Ericksbn, Inc. LAND PLANNING • SURVEYING • ENGINEERING MOO 15620 MEMORIAL AVENUE NORTH -� r i Phone 3 41 150 019.8533 Fax hlrc,e 1651149.833 Fu (6 LEGEND —828 830 OWNER Scott Shely 25101 Spaulding Road Grantsburg, WI 54840 - EXISTING CONTOUR PROPOSED CONTOUR PROPOSED HEAVY DUTY SILT FENCE PROPERTY DESCRIPTION Lot 7 and 8, Block 1, Holcombe's Addition, and part of vacated So. Harriet Street per Doc. No. 807955. E . East 10 feet of Lot 8 said Block 1. RETAINING WALL `\8TE" 1Q I s✓ b74 1 i- 3 0 e I ` os co Co I CO CO � N CCC 1 1 I II I 1 W L'- II I t 40 L ET HEAVY DUTY SILT FENCE 50 SCALE _866 10 s o °e 9:i : Zr1', . / / 2 .°c. P °.� °a e< r •P° a 6 � o vn : <n R / 111 a °cv'n� o- 7Evi �tP�P°4 °� • TOPO& LOT INFORMATION PROVIDED BY BARRY STACK SKEIN PROPERTY- STILLWATER. IN.NESOTA- B0I0/2006 SHEET I09t • She ly Drainage Study 10 100 (N snow unit hyetograph 10 Day 100 Year Rainfall=7.20" Prepared by {enter your company name here} Page 6 HydroCADO 7.14 s/n 002112 02006 HydroCAD Software Solutions LLC 5/10/2006 975 970 965 960 955 950 945 940 935 0 .) 930 c 925 920 915 IT 910 905 900 895 890 885 880 875 870 .5,pfs 20 40 60 80 100 120 140 160 180 Time (hours) - 1; 0 ; ; + I - ; - : ; t L I I -i 1 -- ; I i r 1 1 I ',..‘ 1- - i 1 4- - ! r 1 1 - i 1 , 4 i sikla01404.9444ithulikiiitilitgElidaliii.1004 , I _I - i 0 0 0 0 1 ■ • -; 1-- Stage-Discharge 1 Hydrograph Pond Bl: Pond Bl: Inflow 'Area=11.032 ac Peak Eley=875.22' $torage=283,521 cf 200 220 240 260 $ 280 10 20,000 30,000 40,000 50,000 Discharge (cfs) 300 i n Inflow I • Primary l a Primary Shely Drainage Study 10 - Day 100 - Year (N snow unit hyetograph 10 Day 100 Year Rainfall= 7.20" Prepared by {enter your company name here} Page 5 • HydroCAD® 7.14 s/n 002112 © 2006 HydroCAD Software Solutions LLC 5/10/2006 Inflow Area = Inflow = Outflow = Primary = 11.032 ac, Inflow Depth = 7.08" 1.55 cfs @ 96.17 hrs, Volume= 0.00 cfs @ 0.00 hrs, Volume= 0.00 cfs @ 0.00 hrs, Volume= Pond B1: for 10 Day 100 Year event 6.509 af 0.000 af, Atten= 100 %, Lag= 0.0 min 0.000 af Routing by Sim -Route method, Time Span= 0.00- 300.00 hrs, dt= 0.01 hrs Peak Elev= 875.22' @ 241.21 hrs Surf.Area= 58,573 sf Storage= 283,521 cf Plug -Flow detention time= (not calculated: initial storage excedes outflow) Center -of -Mass det. time= (not calculated: no outflow) Volume Invert Avail.Storage Storage Description #1 866.00' 7,199,047 cf Custom Stage Data (Irregular) Listed below (Recalc) Elevation (feet) 866.00 868.00 870.00 872.00 874.00 976.00 978.00 Device Routing #1 Primary Surf.Area Perim. Inc.Store Cum.Store (sq -ft) (feet) (cubic-feet) (cubic -feet) 1,084 180.0 0 0 12,014 532.0 11,138 11,138 24,609 801.0 35,878 47,016 41,788 1,110.0 65,643 112,660 58,383 1,455.0 99,710 212,369 75,419 1,642.0 6,805,390 7,017,759 106,775 1,970.0 181,288 7,199,047 Primary OutFlow Max =0.00 cfs @ 0.00 hrs HW= 866.00' (Free Discharge) 1 --1- Broad- Crested Rectangular Weir ( Controls 0.00 cfs) W et.Area (sq -ft) 1,084 21,041 49,606 96,636 167,103 331,636 425,983 Invert Outlet Devices 877.00' 20.0' long x 10.0' breadth Broad - Crested Rectangular Weir Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 Coef. (English) 2.49 2.56 2.70 2.69 2.68 2.69 2.67 2.64 e • • Shely Drainage Study 10 - Day 100 - Year (N snow unit hyetograph 10 Day 100 Year Rainfall=7.20' Prepared by {enter your company name here} Page 4 HydroCAD® 7.14 sin 002112 © 2006 HydroCAD Software Solutions LLC 5/10/2006 Runoff U 0 0 1.55 cfs @ 96.17 hrs, Volume= Area (sf) CN Description 480,560 99 480,560 Impervious Area 21.6 830 Total 1 1.55 cfs 1 Subcatchment El: Subcatchment El: 6.509 af, Depth= 7.08" Runoff by SCS TR -20 method, UH =SCS, Time Span= 0.00- 300.00 hrs, dt= 0.01 hrs snow unit hyetograph 10 Day 100 Year Rainfall= 7.20" Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 8.8 50 0.0200 0.09 Sheet Flow, Grass: Dense n= 0.240 P2= 2.75" 12.8 780 0.0410 1.01 Shallow Concentrated Flow, Woodland Kv= 5.0 fps Hydrograph sngw unit hyetograph 10 Day 100;Year Rainfal 1= 7.20" Runoff Area= 480,50 sf Runoff Volunie =6.5b9 af Runoff Depth= 7.08" *low- Length830' - Tc =21.6 min CN =99 20 40 60 80 100 120 140 160 180 200 220 240 Time (hours) 260 280 300 ■ Runoff Shely Drainage Study 10 - Day 100 - Year (N snow unit hyetograph 10 Day 100 Year Rainfall=7.20" Prepared by {enter your company H here} Software Solutions LLC 5/10/2006 age 3 • HydroCAD® 7.14 s/n 002112 ©20 Y Time span =0.00- 300.00 hrs, dt =0.01 hrs, 30001 points Runoff by SCS TR -20 method, UH =SCS Reach routing by Sim -Route method - Pond routing by Sim -Route method Subcatchment El: Runoff Area = 480,560 sf Runoff Depth = 7.08" Flow Length =830 Tc =21.6 min CN =99 Runoff =1.55 cfs 6.509 af Pond B1: Peak Elev= 875.22' Storage= 283,52 cf Inflow =1.55 cfs 6.509 af Outflow =0.00 cfs 0.000 af Total Runoff Area .00% P = ery Pervious Area Volume 0000 ac 6.509 0.00% 100.00% Impervious Area = 11.032 ac .00 % • • • Shely Drainage Study 10 -Day 100 -Year (No Outlet) 2 Prepared by {enter your company name here} 5/1 Page age 2 , HydroCAD® 7.14 s/n 002112 © 2006 HydroCAD Software Solutions LLC Area Listing (all nodes) Area (acres) CN Description (subcats) 11.032 99 (El) 11.032 Reach ond' Exhibit G I Drainage Diagram for Shely Drainage Study 10 -Day 100 -Year (No Outlet Prepared by {enter your company name here) 5/10/2006 HydroCAD® 7.14 s/n 002112 © 2006 HydroCAD Software Solutions LLC !Or/ r "I Notes: yo , e27 4 2 / X.a /fuE / 7 Sheet 1 of 2 Sheets "M." Indicates meas. value. ." Indicates rec. value. Bearing system is an assumed datum. o Indicates ;113774 iron pipe set. • Indicates x/10460 iron pipe found. OU Indicates overhead utility lines. Offsets shown to existing structures are measured to the outside building wall line, unless shown or noted otherwise hereon. BARRETT M.STACK Underground or overhead STILLWATER,MINN, 55082 Public or private utilities, on or adja MINNESOTA REGISTERED the parcel, were not located in conjunc LAND SURVEYOR with this survey, unless shown or noted Tel. No. 439 - 5630 otherwise hereon. Contours and spot elevations shown hereon are based on National Geodetic Vertical Datum (NGVD) 1929 Adjustment. BENCHMARK: centerline of San. Manhole cover at center + - of Harriet and Abbot Street. Elev.- SURVEY MADE EXCLUSIVELY FOR: 867 NGVD 1929 Adj. Mr. Scott Shely. 25101 Spaulding Road, Grantsburg, WI 54840 DESCRIPTION: (as supplied by Dave Harvieux. Edina Realty) Lot 7 and 8, Block 1. Holcombe's Addition, and part of vacated So. Harriet Street per Doc. No. 807955, EXC: East 10 feet of Lot 8 said BIock 1. Note: Shaded Areas indicate location of slopes in excess of 24 %. See Sheet 2 of 2 Sheets for Proposed Revised Easement Description. Due to snow cover and piles of snow and ice, the location of the Bituminous (Bit.) Pavt. and gravel driveway shown hereon are approximate. PLai rEo -- /2 •z E -A• FA-1"r E S.YLF 0 10 h ,r fNVy lea - - Da / ' 1/Ac' 8.57951.5 5 K` � .30. pp / �EHl,S//99,e',C Mq y �E c"av4e. Et. = 8 67. 94 Exhibit F CERTIFICATE OF SURVEY - 9 g Q6 CD / / /za ti - �� -589 °ZB'DZ' 4/ / — 1 3D /D - %o r G — 9D. /S / BP% / 1 1 / �` .9 � __ / / k33-- 0.01 - /`t' /77 4. 3\ / 2�o0 �(�e d69.0 1 _G. //t !% tr� 1U / / \` v0 Qr, v/ 807753 ) Of 5' op EO t� /(4'. \ i � O �q 1 yy , 5G LOG. - firY 5 ye /32 e. /y /265 /5 — / N99' ZB'3 /'E _ (U/V /Nl�,P01/EO) / r 6O (/t/ - s) .T 7 68 �w l` - B row r�t e , 7 a V /% yNHOGES ANp / �g s - re. a l° / W / 14- o r f S / L E / I" 4-9_ 7 p4bE % N BK. 97 Bvr / C - `� /lE'GOLOS m (1 / \ s./•yf .07" 17.c.0 `'112L. s8 - • /"/ ✓P Pe« 9a /5 — Notes: / / yao� / N %or 8i 0' o 1.0;2 //s/+P � s - // -os r - = 8 6f. S't / /940,0 S S77 u i , ca 8e4.2 I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that • 1 am a duly Registered Land Surveyor under the / Igws of the State of Minnesota. -i 97a Date 3 - 13774 Reg.No 1 Exhibit E RESOLUTION NO. 94 -112 RESOLUTION VACATING PART OF SOUTH HARRIET STREET WHEREAS, a petition was presented praying for vacation of a portion of South Harriet Street, City of Stillwater, Minnesota. hereinafle; described; and, WHEREAS, the 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 the City Council to proceed with the vacation pursuant to Minn. Stat. §440.135; and, WHEREAS, at a meeting duly called for that purpose. the City Council did on the 3rd day of May, 1994, determine that the proposed vacation would not interfere with or defeat the public interest or adversely affect the public, and that it would be in the best interest of the City of Stillwater that a portion of the street be returned to the tax roles_ NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater. that the petition be granted in the forrn hereafter set forth and that the following part of South Harriet Street, as presently laid out and platted, be and the same is hereby vacated: All that part of South Harriet Street lying between the North line of Abbot Street and the South line of Lot 1, Block 2 and Lot 6, Block I, Holcombe's Addition. 1 BE IT FURTHER RESOLVED. that a copy of this Resolution duly certified by the City Clerk shall be recorded in the office of the County Recorder, Washington County. Minnesota. Adopted by affirmative vote of all the members of the City Council this 3rd day of May, 1994. ATTEST: „* Mori Weldon, City Clerk — . / • ;,2 L 'iii ' -- Charles M. Hooley, Mayor JUNE 5, 2006 CITY OF STILLWATER 216 NO. 4 STREET STILLWATER, MN. 55082 BILL TURNBLAD, COMMUNITY DEVELOPMENT DIRECTOR DEAR MR. TURNBLAD, I AM WRITING YOU THIS LETTER IN RESPONSE TO LETTER DATED MAY 31, 2006 REE; CASE NO. V/06 -20 A VARIANCE FOR SCOT SHELY. I LIVE AT . 600 SO. HOLCOMBE STEET, ON SO. 50 FT. OF LOTS 1,2,3 BLK 1 HOLCOMBE'S ADD. MY PROPERTY IS SORT OF KIDDY CORNER FROM MR. SHELY (THROUGH A WOODED AREA.. I FEEL THAT THIS HOUSE SHOULD NOT BE BUILT DUE TO IT BEING IN A REVINE AT THE END OF HARRIET ST. WHEN THE STREET (HARRIET ST) WAS RECONSTRUCTED IN 2003 HE WANTED THE STREET PAVING TO STOP SHORT OF HIS LOT. NOW THE STREET WILL HAVE TO BE EXTENDED TO FULFILL THIS PROPERTY. IF THE STREET IS EXTENDED WHO PAYS FOR THAT? • IT IS MY FEELING THAT THE PROPERTY SHOULD NOT BE DEVELOPED. EVER. • ONET 600 SO. HOLCOMBE ST. STILLWATER, MN. RECEIVE JUN 1 2 2006 COMMUNITY DEVELOPMENT JUNE 5, 2006 CITY OF STILLWATER 216 NO. 4 STREET STILLWATER, MN. 55082 BILL TURNBLAD, COMMUNITY DEVELOPMENT DIRECTOR DEAR MR. TURNBLAD, I AM WRITING YOU THIS LETTER IN RESPONSE TO LETTER DATED MAY 31, 2006 REE; CASE NO. V/06 -20 A VARIANCE FOR SCOT SHELY. I LIVE AT 600 SO. HOLCOMBE STEET, ON SO. 50 FT. OF LOTS 1,2,3 BLK 1 HOLCOMBE'S ADD. MY PROPERTY IS SORT OF KIDDY CORNER FROM MR. SHELY (THROUGH A WOODED AREA.. I FEEL THAT THIS HOUSE SHOULD NOT BE BUILT DUE TO IT BEING IN A REVINE AT THE END OF HARRIET ST. WHEN THE STREET (HARRIET ST) WAS RECONSTRUCTED IN 2001 HE WANTED THE STREET PAVING TO STOP SHORT OF HIS LOT. NOW THE STREET WILL HAVE TO BE EXTENDED TO FULFILL THIS PROPERTY. IF THE STREET IS EXTENDED WHO PAYS FOR THAT? IT IS MY FEELING THAT THE PROPERTY SHOULD NOT BE DEVELOPED. EVER. AVID . SIMONET 600 SO. HOLCOMBE ST. STILLWATER, MN. RECEIVED JUN - 5 206 COMMUNITY DEVELOPMENT gEPARTM4NT • • • JUNE 29 2006 CITY OF STILLWATER 216 NO. 4 rH STREET STILLWATER, MN. 55082 ATT; BILL TURNBLAD; COMMUNITY DEVELOPMENT DIRECTOR DEAR MR. TURNBLAD: I AM WRITING YOU THIS LETTER IN RESPONSE TO LETTER DATED JUNE 26, 2006 REE:CASE V/06 -20 APPEAL OF VARIANCE FOR SCOTT SHELY. I DO LIVE AT 600 SO. HOLCOMBE STREET, ON SO 50 FT. OF LOTS 1,2,3 BLK 1 HOLCOMBE'S ADD IN MY LETTER TO MR. TURNBLAD ON JUNE 5 I STATED I WAS APPOSED TO GRANTING THIS VARIANCE TO MR. SHELY. I THOUGHT IT MAY HAVE BEEN READ TO THE COUNCIL AT JUNE 5 MEETING. I STRONGLY REAFFIRM MY LETTER OF JUNE 5 I HAD A PRIOR COMMITMENT AND WAS UNABLE TO ATTEND. THAT WAS MY REASON FOR THE LETTER. I DROPPED IT OFF AT CITY HALL THAT MORNING. IF THE VARIANCE IS GRANTED AND HIS HOUSE IS BUILT, THE TREES WILL HAVE TO BE REMOVED AND LANDSCAPING DONE. THIS MEANS FILLING IN THE LOTS. IF SO , AFTER THAT, WHERE WILL WATER RUN OFF TO? THE LOTS SLOPE TO THE EAST AND MY BACK YARD IS IN A VERY LOW SPOT.. SNOW MELT AND RAIN WILL RUN MY WAY, INTO THE WOODS THAT IS NORTH AND EAST OF MR. SCOTT , FLOODING THE WOODS. OF MR. WEBER WHO LIVES JUST BEHIND ME.. THERE IS SUPPOSE TO BE A CITY DRAIN OFF OF HARRIET STREET SOMEWARE IN THE WOODS. (HARRIET STREET DOES NOT GO THROUGH ) I HAD TROUBLE TO THE NORTH OF ME 5 YEARS AGO WHEN MR. NELSON LANDSCAPED HIS YARD. AFTER THE YARD WAS LANDSCAPED AND THE BLACK DIRT WAS HAULED IN AND LEVELED IT RAINED HEAVLY WASHING ALL HIS BLACK DIRT INTO MY KIDS BEDROOM THAT IS IN THE BASEMENT.. YEP RIGHT ON TOP OF HIS BED. BED, MATTRESS ETC. WAS ALL LOST. HE HAS NOW BUILT A BURM THAT HOLDS OFF THE RUN OFF SO FAR. I CAN SEE ALMOST THE SAME THING HAPPING AGAIN UNLESS A BURM IS BUILT TO PROTECT ME FROM RUN OFF. I ALSO FEEL THE CITY SHOULD DO A BETTER JOB WITH THE DRAIN OFF HARRIET STREET. IT IS MY STRONG FEELING THAT THE PROPERTY SHOULD NOT BE DEVELOPED. DAVID W. SIMONE • ��Y ill /Q1 600 S. HOLCOMBE STRE T, STILLWATER, MN. RECEIVED JUN 2 9 2006 COMMUNITY DEVELOPMENT DEPARTMENT 1 f • Illwa ter -- 11J111 111111 d, di II I CI I N. N N E O' A • TO: Mayor & Councilmembers FROM: Bill Turnblad, Community Development Director. DATE: July 6, 2006 APPLICANT: Washington County Department of Transportation & Physical Development REQUEST: Concept Approval of Manning Avenue Safety and Capacity Improvement Project BACKGROUND The Washington County Department of Transportation & Physical Development has been working for a number of years on the Manning Avenue improvement project. On December 6, 2005 the County presented the concept plans for the project to the City Council. The Council verbally gave approval of the concept plans. Subsequently, the County has held meetings with Stillwater neighborhoods that are located along the route of the improvement project and has made some revisions to the plans. The County is now ready to contract with engineering firms to begin preparing construction plans. Therefore, they would like approval of the current concept plan prior to awarding a contract. If the concept plans are approved, the County will award the design contract. When plans are completed, they will come back to the City Council for final approval. RECOMMENDATION Consider the revised concept plans for the project as they are presented at the Council meeting. If the Council finds the concept plans acceptable, adopt the attached Resolution. Attachment: Resolution of Approval Project packet from County ■ • • RESOLUTION 2006- APPROVING THE CONCEPT DESIGN OF THE MANNING AVENUE (COUNTY ROAD 15) SAFETY AND CAPACITY PROJECT AND SUPPORTS WASHINGTON COUNTY TO COMPLETE THE FINAL DESIGN WHEREAS, Washington County has proposed safety and capacity improvements to Manning Avenue North (Washington County State Aid Highway [CSAH] 15) from State Highway 36 to approximately 1,000 feet north of 75 Street North (CSAH 12); and WHEREAS, Washington County has proposed a four -lane highway, divided by a raised median, with curb and gutter on the east side, in the City of Stillwater and in Stillwater Township, and a ditch on the west side in the City of Grant; and WHEREAS, Washington County has developed a concept design that has median openings located approximately every quarter mile, with dedicated turn lanes for vehicles turning at those locations; and WHEREAS, the median openings will be at 62 Street North, a location approximately halfway between 62 Street North and Liberty Avenue to provide access for future development on both sides of Manning Avenue, at Liberty Avenue, at Settlers Way and at the intersection with CSAH 12; and WHEREAS, Washington County has held two public open houses to solicit input on the project, and has met, individually and in groups, with residents who would be affected by the project; and WHEREAS, based on input from residents, the median has been narrowed and the alignment shifted slightly west to minimize impacts to Stillwater residents; and WHEREAS, Washington County presented the concept layout to the Stillwater Planning Commission on November 14 , 2005 and to the Stillwater Park Board on April 24, 2006; and WHEREAS, the City Council of Stillwater has heard information from the County and from the public at meetings held on December 6, 2005, June 20, 2006 and July 11, 2006, describing the concept design; and WHEREAS, Washington County has committed to working with residents in the final design process to reduce impacts of the road construction, utilizing curb, retaining walls, and landscaping as appropriate to minimize impacts. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the concept design of the Manning Avenue Safety and Capacity project, as presented at the July 11, 2006 City Council Meeting, and supports the County in its efforts to complete the final design of the project. BE IT FURTHER RESOLVED, that approval by the City of the final design and of the City's cost participation in the project, shall be at the City's discretion, in accordance with Minnesota Statute 162.02, Subdivision 8. Adopted by the City of Stillwater City Council this 11`" day of July 2006. CITY OF STILLWATER Jay L. Kimble, Mayor ATTEST: Diane F. Ward, Clerk • • 1 1 1 1 1 1 10 1 1 1 1 1 1 l 1 1 Manning Avenue Safety and Mobility Project Stillwater City Council July 11, 2006 Contents: Page: Project Area Map 1 June 20, 2006 City Council Power Point Presentation 2 -16 11" X 17" Concept Layout 17 Correspondence 18 -23 1 1 1 1 1 1 N 1 1 1 1 1 • 1 Dellwood Rd. N 75th St. ! N. PROJECT!. END 2 PROJECT BEGINNING 36 STILLWATER TOWNSHIP 1 V tt 0 1 U . a, CL 3111 L 0 = . 1 . c ›N = I (1) m I > _ o U O '' U N o) 2 1 c 45 - 73 1 c ''' 1 c co tii 1 2 Zi' N 1 i ca Cf) • 1 1 1 i 1 1 1 1 1 1 1 N 1 1 1 1 1 • } a 1 I . 1 0 co Cm. 1) (i) c a) • cn - — o_ c 1 • 0- E o 1— 0 1 • • c I* cu Fo c = > cf) 1 c o 0 g c s c\I cn 1 co ( 0 1 10 1 . ..k- .- 0 , 1 (13 z 5 2 . s H o . 0 ■ o a.J. = CI U U 3 •S Mo aj 1 �� o § 1 . co CCU 1 C W 2 c:, . —_. 0 , i CM J O 0, O U I N-1- _c ( Q I o 0) IL a) L- 1 0 1 �b 9 . 1 1 1 1 1 1 1 1 1 1 1 o 1 11 1■ I 11 : 1 O O N co N - O E 0 0 Z 0 0 0 0 LC) O O N N N N O 0 O 0 0 0 0 LC) O O N N E 0 0 Z c O . E 0 0 0) c'3 0 0 CO 0 U U 0 c0 CO O O N N .- (7) . (7 . ) - (73 • • • • • LC) O O CN C6 O E 0 0 0 0 co 0 C0 O O N Cr; CN CO CO 0 0 0 U > U c0 0 C) O O N Cr) O Q O O _C O V) N O O 0 c : o m -U c = O o U >, O U 0) o c13 co }, • • • • 1 1 1 (n c 1 E' O U) O co -o 1 . 0 C L' O Ca O CO SD (1) }+ :1-- _c c u) I CD .0) z co < 2 __,, CD 0 -o 1 Z O E2 0 - ci ,,,_, 2 p cz c :4_, i " S 1 a) 73 c) O O o 0 cn CT r 2 0 o)o p 2 O c o (n O 0 i a) co 1 -E Lc) c Lo c) cp L- cs 02 a) a) 1 o ° 0 ° co E _VS E N = N j J O co O 1 a� o r` O 0 o .— CN L _C C5 ( 1 .— O O ° L- 1 o 0 O Z a) a) a) c OE ) ED (x) ,-9 4 _, = .., ,_ 1 IS -18_, L OCO O i- O O O C6 O a) _ O u :i I II W u) = u) u) N J LL Q Cn 1 . . . . . 1 �� I 3 Ln 3 1 a) a) J c 0 0 0 Z t 0 Z (I) • 0 � a 0 CC U 0 c Z W 1 1 1 1 1 1 IS 1 1 1 1 1 1 I. 1 1 1 1 1 1 1 1 I* 1 1 1 1 1 1 4) Q a) -Q J b m O • co O F Z (1) 0 Cr) cp • 0 O 0 z Q 1 1 1 1 1 1 le 1 1 1 1 1 1 • 1 1 ' U N I O CO 1 '• N co (1) a) .c 10 co Q 1 N O E >> ,s3 u 0 ,, L o v) 0 t)0 ° `O .. : M U a, E v, H o c. . 2 V1 w "0 v O a 9, , � 8 v) P-1 & 2 . c' �- O z .t 1,?,0 Aci) 4 w i., 44 z L4) ° '6' c5) • • • 1 11111 II rF 1 111 1 4 8i 1111 g A 4 1 1 1 1 1 1 1 1 1 I* 1 1 1 1 1 1 1 • 1 1 October 15, 1999 Steve Russell Community Development Director City of Stillwater 216 N. Fourth Street Stillwater, MN 55082 Dear Mr. Russell: Please call me at 651- 430 -4312 if you have any questions or comments. Sincerely, seph Lux Enclosure WASHINGTON COUNTY DEPARTMENT OF TRANSPORTATION & PHYSICAL DEVELOPMENT 11660 MYERON ROAD NORTH • STILLWATER, MINNESOTA 55082 -9573 651- 430 -4300 Facsimile Machine 651 - 430 -4350 C: Klayton Eckles, Stillwater City Engineer Dwight Jelle, Westwood Professional Services ndy Cullen Donald C. Wisniewski, P.E. Director /County Engineer John P. Perkovich, Deputy Director Parks & Facilities Division LEGENDS WEST GRADING PLAN- WASHINGTON COUNTY STATE AID HIGHWAY 15 (CSAH 15; MANNING AVENUE NORTH) Douglas W. Fischer,P.E Deputy Director, Transportation Division Larry S. Nybeck, PLS- County Surveyor Acting Deputy Director, Land ManagemenU Land Survey Division We have reviewed the grading plan for the Legends West residential development in Stillwater that was sent to us by Dwight Jelle, of Westwood Professional Services. The rough trail grading that is proposed may be a problem when Manning Avenue is expanded. Enclosed is a copy of a typical section that Sandy Cullen developed as a starting point for discussion with the various entities on the design of Manning Avenue. Our position at this time is that, at the time of construction, if the trail is built according to this typical section and must be removed, the County will cover the cost of its reconstruction. If it is not built according to the typical section, and if it needs to be relocated during construction, the trail would be paid for according to out cost participation policy- 75% City /25% County. The alignment of the trail shown on your drawings does not match the typical section and so, its reconstruction would be a cost to the City. Since this work is to be done outside of County right of way, we have no authority to approve or disapprove of the plans- the City must review them and act in its best interests. We recommend that the trail be realigned so that its east edge is within 18 feet of the east line of Outlot C. I o) W c u, < •C U C 2 V cu 0 CL. 0 L 0 i Washington � County 1 1 1 1 1 1 Il• 1 1 1 1 1 1 1 • 1 1 November 30, 2005 Klayton Eckles City Engineer City of Stillwater 216 N. Fourth St. Stillwater, MN 55082 PRELIMINARY PLANS FOR LIBERTY WEST SUBDIVISION, ADJACENT TO WASHINGTON COUNTY STATE AID HIGHWAY 15 (MANNING AVENUE NORTH; CSAH 15), SECTION 30, TOWNSHIP 30 NORTH, RANGE 20 WEST Dear Klayton: Department of Transportation and Physical Development Donald J. Theisen, P.E. Director /County Engineer Wayne H. Sandberg, P.E. Deputy Director /Ass't. County Engineer We have reviewed the preliminary plans of the Liberty West development that Shawn Sanders delivered on November 30th and have the following comments (we have not yet seen a preliminary plat drawing.): ➢ We have discussed with the developers the need for 110 feet of right of way. The right of way indicated on the plans meets this requirement. We request access control along the CSAH 15 frontage, with appropriate access openings for non - motorized access at the trail connections. ➢ We are open to the concept of a retaining wall in the right of way as a means of limiting impact to trees when Manning Avenue is reconstructed. Based on our preliminary design, that wall would need to be located 60 to 70 feet east of the centerline of CSAH 15. The wall shown is approximately 55 feet east of the centerline and, therefore, about fifteen feet too close. Until final design is complete, we cannot define with any certainty the best location or size for a wall to maximize its benefits. If a wall is to be allowed in the right of way the following items would need to be agreed to before a permit would be issued: o An agreement for constructing it at no cost to Washington County must be reached, as well as agreement on whether to construct it as part of the Manning Avenue contract or prior to construction. The wall could be constructed as part of the Manning Avenue reconstruction contract as an item paid for by the City of Stillwater or it could be built by the developer prior to the start of our construction project, but after final design is complete, by permit. Washington County reserves the right to approve or disapprove of any plans for a retaining wall in County right of way. o The City and County must agree on a cooperative agreement for the maintenance of any wall prior to its installation. Washington County could accept responsibility for maintaining a wall, if its design is acceptable to the County Engineer. A wall not acceptable for County maintenance (such as a boulder wall), could be approved if the City of Stillwater would accept responsibility for maintaining it. 11660 Myeron Road North, Stillwater, Minnesota 55082 -9573 Phone: 651 - 430 -4300 • Fax: 651 - 430 -4350 • TTY: 651 - 430 -6246 www.co.washington.mn.us Equal Employment Opportunity / Affirmative Action 1 1 1 1 1 1 I* 1 1 1 1 1 1 1 1 1 ➢ Trail connections must comply with all applicable Minnesota Department of Transportation, Federal Highway Administration, and Americans with Disabilities Act regulations. ➢ The 90- degree corners shown at the northerly trail connection are unacceptable. It has not been determined whether the existing trail can be maintained or if a new trail will be built in this area, but this is a detail we can work out as the road design progresses. It should be possible to fit a smooth transition into either the existing trail or a new trail that complies with all applicable standards. ➢ The trail may not be built prior to the start of the Manning Avenue reconstruction. It will be built under the County's contract under the County's cost participation policy (75% City cost; 25% County cost). Trail connections into the development, and within County right of way, could be done under the County's construction contract under this policy but the cost of trail connections would need to be paid for completely by the City. ➢ The existing driveway may be used by the developer as a construction access but will be closed to traffic at the start of the Manning Avenue reconstruction project. The developer would be responsible for keeping mud and other construction materials from being tracked onto the County road. ➢ Washington County's policy is to assist local governments in promoting compatibility between land use and highways. Residential uses located adjacent to highways often result in complaints about traffic noise. Traffic noise from this highway could exceed noise standards established by the Minnesota Pollution Control Agency (MPCA), the U.S. Department of Housing and Urban Development, and the U.S. Department of Transportation. Minnesota Rule 7030.0030 states that municipalities are responsible for taking all reasonable measures to prevent land use activities listed in the MPCA's Noise Area Classification (NAC) where the establishment of the land use would result in violations of established noise standards. Minnesota Statute 116.07, Subpart 2a exempts County Roads and County State Aid Highways from noise thresholds. County policy regarding development adjacent to existing highways prohibits the expenditure of highway funds for noise mitigation measures in such areas. The developer should assess the noise situation and take any action outside of County right of way deemed necessary to minimize the impact of any highway noise. Please call me at 651- 430 -4312 if you have questions or comments. Sincerely, Joseph Lux Senior Transportation Planner C: Steve Russell, Stillwater Community Development Director Shawn Sanders, Stillwater Assistant City Engineer Mike Welling, Washington County Surveyor Chris Aamodt, Croix Capital Group Marc Putman, Putman Planning and Design Jim DeBenedet, Stevens Engineering N. \WORD \Plat Review- Stillwater \Librerty West Preliminary Plans 113005.doc 1 1 1 1 1 1 1•> 1 1 1 1 1 1 1 • 1 1 ashington County May 26, 2006 Mr. Marc Putman Putman Planning and Design Tulgren Square, Suite 301 502 Second St. Hudson, WI, 54016 Items from May 8, 2006 Manning Avenue Meeting Dear Marc: 11660 Myeron Road North, Stillwater, Minnesota 55082 -9573 Phone: 651 - 430 -4300 • Fax: 651 - 430 -4350 • TTY: 651 - 430 -6246 www.co.washington.mn.us Equal Employment Opportunity / Affirmative Action Department of Transportation and Physical Development Donald J. Theisen, P.E. Director /County Engineer Wayne H. Sandberg, P.E. Deputy Director /Ass't. County Engineer This letter provides information you requested at our May 8 meeting on Manning Avenue. For your reference, I have included a copy of my November 30, 2005 letter to City Engineer Klayton Eckles, reviewing the preliminary plans for Liberty West. I have also included a copy of my October 15, 1999 Letter to Community Development Director Steve Russell, in which we provided a typical section for Manning Avenue and discussed bike trail construction and cost sharing. Is a 9 -foot shift in the alignment possible? Our current analysis and discussion with the Cities of Stillwater and Grant indicate that the design shown to you on May 8 remains the most feasible from a standpoint of minimizing impacts to both sides of the roadway. As we indicated at our meeting, we are in the process of selecting a consultant for final design. One of the tasks of the contract will be to analyze how to further reduce impacts of the highway project on the communities. The consultant will be asked to utilize tools such as retaining walls, slopes, berms, and curbs to reduce impacts. Any . ideas that you, residents, City staff, or anyone else introduces will be considered. ➢ What standards will be used in designing the pathway? Standards from the AASHTO "Guide for the Development of Bicycle Facilities ", the MN /DOT Design Guide Bikeways Manual, and Americans with Disabilities Act will all apply to the trail design on the project. We will utilize the flexibility that exists in these standards, but will strive for a facility that is accessible to all. ➢ What design criteria are applied to the Linear Park? We have consulted with our Parks Department throughout the preliminary design process and the concept design is consistent with their vision of a Linear Park. The vision includes plantings on the roadsides, rather than in medians. Other features listed for Linear Parks in the County's Comprehensive Plan are items that could be added later, as development allows or as demand occurs. ➢ What are the maximum fill and cut slope ratios? Within clear zones (30 feet from a driving lane on a rural section or 10 feet from the back of curb on an urban section), a 1:4 (rise:run) slope ratio is required. Outside of those areas, the slope can vary from the preferred 1:4 to as steep as 1:2.5 in limited areas. 1 I Page two • Letter to Marc Putman May 26, 2006 1 ➢ How will ADA requirements, barrier rail requirements, and wall maintenance be addressed? Washington County has consistently stated that we will allow construction of a retaining wall, of I acceptable design in county right of way for the purpose of minimizing impacts to trees at the Liberty West development. Washington County would not pay for the initial cost of the wall but could include its construction in our road project as a City - participating item, as long as its design and location are I agreed upon. Washington County would accept maintenance responsibility of the wall. If railings or other appurtenances are required to meet ADA standards, we would require them to be constructed as part of the wall and would accept maintenance responsibility. I ➢ Who would be responsible for maintaining any median plantings? Any median plantings would be required to meet pertinent clear zone and safety requirements. Median planting maintenance is a function of the type of vegetation utilized. For concrete or medians planted with grass only, I Washington County would assume maintenance responsibility. County maintenance of grass median sis limited to mowing them two to three times a year. For plantings or landscaping other than concrete or grass, the municipality would be required to assume all maintenance responsibility. The City of I Grant has directed us that they do not have the resources to maintain median plantings. The City of Stillwater has also indicated that it is unwilling to take on this responsibility. Washington County does not have the resources to maintain median plantings. I ➢ Will the centerline grade of the road be optimized to minimize property impacts? (Robert Kroening) The road design will be to 55 MPH design speed standards. The centerline profile grade will be determined by many factors: intersection approaches; sight distance; property impacts; 114) drainage; and, to a lesser degree, balancing earthwork quantities. As with the horizontal alignment of the road, the vertical alignment must balance sometimes competing interests- a vertical alignment that minimizes impact to one property may maximize impacts to another. The design consultant will be asked to optimize the vertical profile of the road to minimize impacts.. I We plan to update the Washington County Board of the Manning Avenue project's status at a workshop on June 13 We have prepared a resolution for the Stillwater City Council's consideration at its June 20 I meeting. I have enclosed a copy of the resolution. If you would like to meet before those meetings, or if you have questions or comments, please contact me at 651- 430 -4312. Sincerely, 1 1 1 1 1 1 1 Joseph Lux Senior Transportation Planner Enclosures C: Bill Turnblad, Stillwater Community Development Director Shawn Sanders, Stillwater City Engineer Larry Hansen, Stillwater City Administrator Tim Gangnon, Mayor, City of Grant Todd Remely, Liberty on the Lake Master Homeowners Association Bob Pohl, Liberty on the Lake Bob Kroening, Liberty on the Lake Chris Aamodt, Croix Capital Don Theisen, Washington County Engineer Gary Kriesel, Washington county Commissioner, District 3 Dennis Hegberg, Washington County Commissioner, District 1 Jim Schug, Washington County Administrator R:\201502 \Public Meeting \Putman May 8 Follow Up letter.doc Memorandum • • To: Mayor and City Council From: Shawn Sanders, Interim PubliL"Works Director Date: 7/7/2006 Re: Lake McKusick Water Quality Management DISCUSSION: At the last Council meeting, a Public Hearing was held for the Lake McKusick Water Quality Management Project. At the hearing, Council approved the project to harvest the algae but not assess any part of the project and to also look at harvesting on Long Lake. Since that meeting, staff has spent some field time on both Long Lake and Lake McKusick and has noticed a couple of things. On Lake McKusick, the filamentous algae is covering approximately 2/3 of the lake and appears to be in its declining life stage. The algae, however is perched on top of the coontail, which is at the surface of the lake and the algae is unable to sink or float away. In order to effectively remove the algae, the coontail would also have to be harvested. In discussions with the Minnesota DNR, removal/ harvesting of coontail is allowed but a permit is required under DNR regulations and that only 50% of the lake or 25 acres could be harvested. On Long Lake there appears to be a minimal amount of algae on the surface of the lake, but greater amount of lily pads and coontail. According to DNR, lily pads are generally not allowed to be removed from the lake but the coontail is. The coontail covers approximately'/ of the lake at the southern end of the lake. Staff has been has received two quotes for harvesting Lake McKusick. One quote was from Lake Weed Harvesting of Brooklyn Park for $7600 and the other was form Midwest Weed Harvesting Inc. of Savage for $10,000. These quotes assume a harvest time of two hours per acre. Depending on the algae thickness and the density of the coontail the harvesting time may increase, and increase the cost of the project. The quotes submitted are based on an hourly rate and any extra time would be adjusted accordingly. A nominal fee of $150.00 would be required for A DNR permit. RECOMMENDATION: Staff recommends that council accept the quotes and approve Lake Weed Harvesting, to harvest the algae and coontail on Lake McKusick in the amount of $7600. Council should also consider whether or not they want to include harvesting coontail on Long Lake for $7600. ACTION REOUIRED If council concurs with the recommendation they should pass a motion approving RESOLUTION 2006 - ACCEPTING QUOTES AND AWARDING CONTRACT FORLAKE WEED HARVESTING FOR THE McKUSICK LAKE WATER QUALITY MANAGEMENT PROJECT (Project 2005 -11) ACCEPTING QUOTES AND AWARDING CONTRACT FOR LAKE WEED HARVESTING FOR THE McKUSICK LAKE WATER QUALITY MANAGEMENT PROJECT (Project 2005 -11) WHEREAS, pursuant to requesting quotes for the Lake Weed Harvesting for the McKusick Lake Water Quality Management Project, quotes were received and tabulated according to law, and the following quotes were; and CONTRACTOR OUOTE AMOUNT Lake Weed Harvesting, Brooklyn Park, Minnesota $7,600.00 Midwest Weed Harvesting, Inc., Savage, Minnesota $10,000.00 WHEREAS, it appears that Lake Weed Harvesting of Brooklyn Park, Minnesota is the lowest responsible quote. 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 Lake Weed Harvesting of Brooklyn Park, Minnesota in the name of the City of Stillwater for the Lake Weed Harvesting for the McKusick Lake Water Quality Management Project therefore approved by the City Council and on file in the office of the City Clerk. Adopted by the City Council this 1 lth day of July 2006. ATTEST: Diane F. Ward, City Clerk Jay L. Kimble, Mayor • • • TO: FROM: DATE: SUBJECT: July 11, 2006 MEMORANDUM Mayor and City Council Shawn Sanders, I Public Works Director Feasibility Report for 2006 Sidewalk Rehabilitation Project (Project 2006 -05) Public Hearing Award Contract Begin Construction Assessment Hearing August 1, 2006 August/September August/September October RECOMMENDATION It is recommended that Council approve the feasibility report for the 2006 sidewalk improvements and order the public hearing to be scheduled for August 1, 2006. ACTION REOIRED If council concurs with the recommendation, they should pass a motion adopting RESOLUTION NO. 2006- RECEIVING REPORT AND CALLING HEARING ON 2006 SIDEWALK REHABILITATION PROJECT (PROJECT 2006 -05). DISCUSSION As part of the City's 2006 improvements, it is proposed to have a sidewalk rehabilitation project this summer. Criteria used in inspection include sidewalks that are severely cracked, heaved or settled, or misaligned, such that they may cause people to trip. This year's project will focus in areas scattered all over town. (See attached map). There are 47 properties where sidewalks will be repaired with approximately 12,000 square feet of repair. The estimated construction cost of the project including removal replacement and restoration is $77,380. The total project cost with engineering, inspection and administration is $92,856.00. It is proposed to assess 50% or $46,428.00 to the affected property owners. This amounts to an assessment rate of $3.86 per square foot. The remaining share would be paid for by the City. Property owners would have up until the time construction starts to replace the sidewalk on their own or else they would be included as part of our project and be assessed for their portion of the project costs. If the feasibility report were approved at the June 20th Council Meeting, the timeline for the project would be as follows: • • • RESOLUTION RECEIVING REPORT AND CALLING HEARING ON 2006 SIDEWALK REHABILITATION PROJECT (PROJECT 2006 -05) WHEREAS, pursuant to resolution of the council adopted June 6, 2006, a report has been prepared by the City Engineer with reference to the 2006 Sidewalk Rehabilitation Improvement; and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost - effective, and feasible, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. The council will consider the improvement of such street improvements in accordance with the report and the assessment of abutting property for a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $77,380.00. 2. A Public Hearing shall be held on such proposed improvement on the 1st day of August 2006, at the Stillwater City Hall Council Chambers at 7:00 p.m., or as soon as possible thereafter, and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council of the City of Stillwater this llth day of July 2006. ATTEST: Diane F. Ward, City Clerk Jay L. Kimble, Mayor • • • 2006 SIDEWALK REHABILITATION PROJECT PROJECT 2006 -05 Item Unit Remove Concrete Pavement SF 5" Concrete Pavement SF Granualr Material (LV) CY Trim Roots Tree Sodding Type Lawn 1 SY 1 Topsoil Borrow (LV) CY 1 12041 12041 208 6 570 208 Quantity Estimated Unit Price $ Total Price $ 1.101 3.951 13.20 92.10 10.351 35.451 13244.55 47559.98 2747.02 552.60 5898.64 7377.41 Grand Total $ 77380.19 'N Putt 7� N taa Arm3M >133b3 V3 nod 1S3A 3AV 61 -- J 4-S 1S 1V3N 4 > YJ P ' 3 N 3ntl.fV7a g SI T � <H O � 9NINNVM 3AV Vl o o � WPC A N Z JO ®� ® 7 n 'S DELMIO COURT N X ~ )- .D .D �F.i/V4 }9 I M '3m N VNVNVd a 15 t #1 S I i w uo O W'1S H N::8 j } '1S 4 #Y :3:3111: a 1 L yS z i N •3N..3-121r U 'ls 4#9 j S u� 4 }L'S ia+ o a , 113ajn a !- SR tn 0�� 1 I N 0 � a� z PEE H + N n tl a as NNVM9- a TM.00N 'anld 1918150091 tl Na31S311H1a0 KVD 0 H 3 ^ � NOID fl 3991103 TEM Q U N • 0 . - r .,..,.. a;:V, N ,btv Y: IL �.�,'- —^ K • r- r� 'd Ny`.- c.�N Cn '.J -S3V 6 ' �.t"i -.�� r � 1 �D co Y' .. 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Di 10 N N 1T14 w n (0 N ,x_921 . .0 :. 0 SU'JP EVERETT x . a 823 822 ` 819 813 " 812 as 811 810 ." ..w.. �. O 803 : ° A u SOUTH MARTHA ri1 a 722 719 � v p 715 ^?.. - 709 N .0' > A . S OUT N6 -, HARRIET 629 p ; N N y 619 - 61 612 611 0 0 : 0 0 ' o o `° _ _609 � 'O` °� 60 S W TH 520 0 - - �.� 52 5 ° N �w -51: . - (0 N9p9: 2p 50 p N N^" U �� A W0, SOUTH 0 O %D W " 41 • Memorandum • • To: Mayor and City Council From: Shawn Sanders, Interim Public Works Director Date: July 5, 2006 Subject: 2006 Street Seal Coat Project (Project 2006 -06) Acceptance of Work and Final Payment DISCUSSION The work on the above project has been completed. The contractor has submitted their application for payment and required information to allow for final payment. RECOMMENDATION Staff recommends that Council accept the work and authorize final payment to Allied Blacktop Co. in the amount of $105,997.92. ACTION REOUIRED If Council concurs with staff recommendation, Council should pass a motion adopting Resolution No. 2006- , ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR 2006 STREET SEALCOAT PROJECT (PROJECT 2006 -06). Attest: ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR 2006 STREET SEAL COAT PROJECT (PROJECT 2006 -06) WHEREAS, pursuant to a written contract signed between the City and Allied Blacktop Co. for the 2006 Street Seal Coat Project (Project 2006 -06) and their work has been completed with regard to the improvement in accordance with such contract, BE IT FURTHER RESOLVED: That the city clerk and mayor are hereby directed to issue a proper order for the final payment of $105,997.92 on such contract, taking Allied Blacktop Co. receipt in full. Adopted by the Council, this 1 lth day of July 2006. Diane F. Ward, City Clerk Jay L. Kimble, Mayor • • • 4 • • Memorandum To: Mayor and City Council 5f • From: Shawn Sanders, Interim Public Works Director Date: 7/6/2006 Re: Wetland Inventory Plan Contract DISCUSSION: Back in March, Council approved Bonestroo Rosene Anderlik & Associates (BRAA) to prepare the City's Surface Water Management Plan. Included in their proposal was an option to perform an inventory of all the wetlands in the City, including areas in Stillwater Township that will be annexed in the City. This option was included as part of the approval of the Surface Water Management Plan. Enclosed is an amended contract to complete the Wetland Inventory and Management Plan. BRAA originally estimated the cost of the inventory to be $20,000. The proposed contract estimates the work at $19,810, but leaves out 20 wetlands in the inventory, if Council chooses they can add on the 20 wetlands fro additional amount of $3020.00. This may not be a bad idea since it will include all wetlands in the city. If approved, the field work for the wetland inventory would be completed in 2006 with the remaining work would be completed in 2007. RECOMMENDATION It is recommended that Council consider and approve the contract from Bonestroo Rosene Anderlik & Associates to complete a wetland inventory for the City, including 20 additional wetlands for $3020 for a total contract amount of $22,830. ACTION REOUIRED If Council agrees with the recommendation they should pass a motion approving RESOLUTION 2006- ACCEPTING THE AMENDED CONTRACT WITH BONESTROO ROSENE ANDERLIK & ASSOCATES TO COMPLETE THE WETLAND INVENTORY AND MANAGEMENT PLAN AS PART OF THE SURFACE WATER MAGEMENT PLAN (PROJECT 2006 -12). WHEREAS, a proposal for engineering services on the Surface Water Management Plan for a wetland inventory and management plan project has been received; and WHEREAS, the proposal was presented to Council, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: Adopted by the City Council this 11 day of July 2006. Attest: RESOLUTION ACCEPTING THE AMENDED CONTRACT WITH BONESTROO ROSENE ANDERLIK & ASSOCATES TO COMPLETE THE WETLAND INVENTORY AND MANAGEMENT PLAN AS PART OF THE SURFACE WATER MAGEMENT PLAN (PROJECT 2006 -12) The Mayor and Clerk are hereby authorized and directed to admend the contract with Bonestroo, Rosene, Anderlik and Associates, Inc. in the name of the City of Stillwater for the engineering services for the Surface Water Management Plan proj ect. Diane F. Ward, City Clerk Jay L Kimble, Mayor • • • ■ J • • • Bonestroo Rosene Anderlik & Associates Engineers & Architects June 29, 2006 Mr. Shawn Sanders, Acting Public Works Director City of Stillwater 216 North 4 Street Stillwater, MN 55082 Re: Amended scope of contract for Surface Water Management Plan to include Wetland Inventory and Management Plan Dear Shawn: We are requesting an "amended scope" of our contract for the City's Surface Water Management Plan to include completion of a Wetland Inventory and Management Plan. The City Council approved completion of this plan at a cost of approximately $20,000 when it approved the SWMP contract, and requested that we provide a scope of work and cost estimate for the Wetland Inventory and Plan. The Council indicated that approximately $10,000 would be allocated to allow field work to be completed during 2006, and the remainder of the work should be completed along with the SWMP in 2007. Based on this request, we provided the Scope of Services and Cost Estimate included in this Amendment. We identified the wetland work that has been completed by the three local watershed organizations within the City, and will use and build upon all of that previous work. We understand that we may complete the inventory and work up to a cost of $10,000 (or $13,000 if all wetlands are included in the analysis) this year, and the remainder of the work in 2007. Backgound Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action /Equal Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo, P.E. • Marvin L. Sorvala, P.E. • Glenn R. Cook, P.E. • Robert G. Schunicht, P.E. • Jerry A. Bourdon, P.E. • Mark A. Hanson, P.E Senior Consultants: Robert W. Rosene, P.E. • Joseph C. Anderlik, P.E. • Richard E. Turner, P.E. • Susan M. Eberlin, C.P.A. Associate Principals: Keith A. Gordon, P.E. • Robert R. Pfefferle, P.E. • Richard W. Foster, P.E. • David O. Loskota, P.E.. • Michael T. Rautmann, P.E. • Ted K. Field, P.E. • Kenneth P. Anderson, P.E. • Mark R. Rolfs, P.E. • David A. Bonestroo, M.B.A. • Sidney P. Williamson, P.E., L.S. • Agnes M. Ring, M.B.A. • Allan Rick Schmidt, P.E. • Thomas W. Peterson, P.E. • James R. Maland, P.E. • Miles B. Jensen, P.E. • L. Phillip Gravel III, P.E. • Daniel J. Edgerton, P.E. • Ismael Martinez, P.E. • Thomas A. Syfko, P.E. • Sheldon J. Johnson • Dale A. Grove, P.E. • Thomas A. Roushar, P.E. • Robert J. Devery, P.E. Offices: St. Paul, St. Cloud, Rochester and Willmar, MN • Milwaukee, WI • Chicago, IL Website: www.bonestroo.com The 2008 Met Council Comprehensive Plan Updates require a wetland functions and values assessment as part of the Surface Water Management Plan. As part of the Surface Water Management Plan (SWMP) update, we recently conducted a review of existing wetland data for wetlands within the city. During the review, we found that that there are approximately 97 NWI basins within the proposed SWMP project boundary which have not been filled. Of these, 30 — 35 have been previously inventoried and have had a functions and values assessment completed, either by Brown's Creek Watershed District (BCWD) or the Middle St Croix Watershed Management Organization (MSCWMO). The remaining, non- assessed wetlands include 40 NWI basins in BCWD that are smaller than 1 acre in size, and an additional 25 other wetlands in BCWD or MSCWMO. 2335 West Highway 36 • St. Paul, MN 55113 • 651 - 636 -4600 • Fax: 651 - 636 -1311 To effectively address wetland management during the SWMP process and meet requirements for updating its Comprehensive Plan, the city will complete a functions and values on as many of the remaining, non - inventoried wetlands within the project area as is economically feasible. The project tasks, estimated costs, and timeline are described below. Basic Services — Project Approach and Work Program We have provided a cost estimate for completion of the assessment on 45 of the non - assessed wetlands within in the City, and an estimate for completion of the assessment on all 65 remaining non - assessed wetlands within the City (Additional Services). If the City chooses to complete the assessment on 45 wetlands, these wetlands would be identified in areas that are likely to develop or redevelop, are basins identified as moderate or high quality by the DNR, are priority basins in the stormwater management system, or meet other criteria, as determined by the City. We will work with the city to establish a protocol for the subsequent inventory and assessment of any non - inventoried wetlands, as required by the 2008 Comprehensive Plan updates. Throughout, we anticipate a process and plan that accomplish the following: • Complete a wetland functional assessment for inventoried wetlands, and provides a methodology for subsequent assessment of non - inventoried wetlands • Identify high priority areas • Establishes buffer and water quantity standards for wetlands within the project area Task 1: Meeting #1 Project Initiation Meeting We propose holding a project initiation meeting with city staff to discuss objectives and schedule for the wetland inventory. This will provide an opportunity to further refine the work plan activities, including a discussion of which wetlands to include in the inventory, review the existing watershed and WMO requirements for wetland management including buffers and water quantity requirements, and finalize a strategy for landowner contact for private property access during the wetland inventory. Representatives from BCWD and MSCWMO, and from the Washington County Conservation District (WCCD) could be included at this meeting at the City's discretion. If the organizations are not included in the project initiation meeting, the City may send a letter to them to let them know that the wetland inventory is beginning, and provide other key information such as the project schedule. Deliverable: Meeting agenda and notes; revised project schedule, as appropriate; recommendations for wetlands to be included in the MnRAM assessment. Cost: $948 2 • • • ■ • Task 2: Landowner Contact We anticipate that City staff will handle landowner contact, either through mailings, announcements in the local paper, or other methods. If desired, we can provide a sample news release and landowner notification letter for City use. Deliverable: Cost: Task 3: Cost: Task 4: Sample News release and sample landowner notification letter $162 Assemble Existing Wetland and Natural Resource Information Relevant Wetland and natural resource information will be gathered and organized to allow efficient use of resources and better targeting of field visits. The exact types of information gathered may be affected by the numbers and types of wetlands inventoried, as determined in the kickoff meeting, but in general the following information will be collected: • DNR natural heritage databases, records, and maps of rare features, including natural communities and endangered plants and animals • Aerial photographs (black and white, full color, and color infra -red (CIR)) • National Wetlands Inventory • Washington County Soils survey • Other applicable surveys and studies, as needed • We ask that the City assist in providing some additional data if needed, including: • Parks, Trails, and Open Space layers • Parcel data, including current zoning /land use information as available, in an ArcView compatible format $162 Wetland Assessment In this phase, wetland ecologists will complete a field assessment of wetlands in the project area, using large plotted field maps as a base. We propose to use MnRAM 3.0 methodology, including any modifications agreed to during the project initiation meeting. This method provides an organized and consistent procedure to document observations and conclusions about wetland processes, and is compatible with methodologies previously used in BCWD and in MSCWMO. Using MnRAM we will collect information about each wetland's community composition, hydrologic conditions, wetland disturbance indicators (e.g. exotic plant species, drainage and other alterations, etc). This focuses on the functions and related values of vegetative diversity /integrity, maintenance of hydrologic regime, wildlife habitat and aesthetic / recreation/educational /cultural and restoration potential for each inventoried wetland. The combination of wetland community composition and vegetative diversity will provide the required information to determine a wetland's susceptibility to impact. The completed MnRAM will also allow the City to divide the wetlands into Management Classifications for other protection classifications or for purposes of ordinance application. 3 Field data will be collected on a MnRAM 3.0 Microsoft Access database tailored to the project and designed to work on a Tablet PC. This allows for maximum efficiency and highly accurate and comprehensive data collection during the field phase of the project and significantly reduces or eliminates post - processing errors. The database provides easy access to the wetland data by City staff when reviewing wetland management issues, and links to a GIS map of wetlands. Deliverable: A field inventory of 45 wetlands identified under Task 1 will be completed, including an evaluation of function and values for each wetland assessed. All information collected will be summarized in the appendices of the Report and a database of wetland functions and values based on MnRAM will be provided. Cost: $4,374 Task 5: Meetings #2 and #3 Once the field assessment of wetlands is completed and summarized, additional meetings will be needed with city staff and potentially representatives from BCWD, MSCWMO, and the WCCD. This will provide an opportunity to discuss the findings of the inventory, as well as review the wetland management standards established by BCWD and MSCWMO and determine whether the city prefers to adopt the existing standards or implement higher levels of protection. (Levels of protection established by the city must meet or exceed the standards established by the watershed or WMO.) We propose two additional meetings with the City, BCWD, MSCWMO, and WCCD in order to: • review the field inventory results and findings • finalize wetlands classification categories and assignments for protection from potential impacts • Discuss protocol for evaluating the non - inventoried wetlands, either as part of any subsequent development review or through additional wetland inventory project(s). • Review Draft Report, if necessary We propose to hold the 2nd meeting after the completion of field work and preliminary review of the data. The 3rd and final meeting can be used for review of the draft report, or as a follow -up to the second meeting if additional discussion of the wetland classifications is needed. Deliverable: Two meetings with city staff and agency personnel Cost: Meeting #2: $1,496 Meeting #3: $ 960 Total: $2456 Task 6: Standards Develop Wetland Stormwater Susceptibility Ranks and Management This phase of the project will determine the sensitivity of the wetlands to impacts that can occur from urban storm water. There are many types of wetlands, and the wetland's sensitivity to urban storm water input is dependent on the wetland community type and the quality of its plant 4 • • • • community. Some wetland types are sensitive to any disturbance and will show signs of degradation with even low -level inputs of urban storm water. Other wetland types are better adapted to the fluctuating water levels and influx of pollutants often associated with urban storm water. The site visits to the wetlands will verify the wetland community type and document the plant communities present. Based on the wetland type and MnRAM 3.0 guidance, inventoried wetlands will be classified for sensitivity to storm water according to the following groups: Highly Susceptible Moderately Susceptible Slightly Susceptible Least Susceptible Once the wetland type, quality, and stormwater susceptibility are established, management standards can be developed for water quality and quantity, and wetlands assigned to a management class. Water quality standards include phosphorus and sediment removal or loading requirements. Water quantity standards define the acceptable magnitude and duration of water level "bounce" for storm events. For some highly sensitive wetlands, standards could be fairly strict with predevelopment water quality and quantity conditions used as a benchmark for future storm water management standards. For wetlands with lower sensitivity (slightly to least susceptible) to storm water impacts, water quality and quantity standards will be lower. Deliverables: Apply stormwater susceptibility classifications to inventoried wetlands and show results as a layer on the stormwater drainage map as well as in tabular form. Written water quality and water quantity protection standards for each wetland management class. Deliverable: 36" x 42" (approximate) map with project area wetlands classified according to Stormwater Susceptibility 36" x 42" (approximate) map with project area wetlands classified according to Management Classification Cost $4,455 Cost: Much of this will be the outcome of meeting #2; therefore a separate cost is not given. Task 7: Integrate Previous Inventories and Complete GIS - Based Wetland Map In order to create a seamless data set and facilitate wetland management within the project area, we will integrate the existing wetland information from previous inventories by BCWD and the MSCWMO into the GIS layer for wetlands inventoried during this project. Once the data sets are integrated, two GIS maps of the study area will be created. One of the maps will have the wetlands color -coded for stormwater susceptibility classification. The second map will have the wetlands color coded for Wetland Management Class and, if desired, could ultimately be utilized to develop a wetland ordinance for buffer strips and setback protection to wetlands based on their classification. 5 Task 8: Report A Report will be prepared that includes the following Information: • Wetland Inventory and Assessment Method • Wetland Mapping • The Minnesota Routine Assessment Methodology Version 3.0 • Procedures for Wetlands not Inventoried as Part of this Plan • Wetland Management and Protection • Wetland Management Classification Methodology • Wetland Classification Summary • Stormwater Protection • Wetland Buffer Strip and Setback Protection Up to six copies of the draft report and large plotted maps will be provided for city and agency review. After a 2 week review period, comments on the draft report and maps will be incorporated into the final documents. Six copies of the final report and maps will be prepared and submitted to the City. Deliverable: 6 copies of draft report and maps 6 copies of final report and maps Cost: $4,755 Estimated Expenses Anticipated expenses related to the project include: Color Infrared Aerial photographs, plotted maps for field use and reports, printing and binding, DNR Data requests, and mileage. Estimated Expenses: $2450 Cost Estimate An itemized cost estimate is attached. For completion of the proposed tasks, the City will pay the Consultant a total estimated fee of $19,810 (for completion of the assessment on 45 wetlands) or $22,830 (for completion of the assessment on all remaining non - assessed wetlands in the City — identified in the Additional Services below). Schedule We will complete Tasks 1 -5 for 45 or 65 wetlands, as directed by the City, in 2006. The remainder of the project will be completed in early 2007 so that the final report will become part of the City's Surface Water Management Plan. 6 • • Additional Services • Inventory of the twenty NWI wetlands not included in the base proposal. Adding these wetlands to the inventory will give the city comprehensive data for all of the wetlands within the project boundaries. Inclusion of these sites at the inception of the project is cost effective, as project start-up cost and analysis cost change very little with the addition of these basins. Cost to add 20 NWI basins during the initial phase of the project: $3,020 • Landowner Contact If desired, a more detailed landowner contact strategy can be implemented. This can include any or all of the following: a parcel review to identify landowners, targeted mailing to specific landowners, creation and use of a landowner response card, follow -up phone calls with landowners, or other strategies. Cost: Hourly rate plus expenses • Additional Meetings i If requested or if needed, additional meetings can be added to the project schedule. Thank you for requesting this work as a part of the Surface Water Management Plan. Please call me at (651) 604 -4758, or Liza Gould at (651) 604 -4763 if we need to discuss the project tasks or this amendment. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES Sherri A. Buss, R.L.A. Mark Hanson, P.E. CITY OF STILLWATER B y By Larry Hansen, Administrator Jay Kimble, Mayor • Date Date 7 BACKGROUND ANALYSIS ?k ?r B'9t • Train ride on Thomas the Tank Engine • Storytelling fill Iwater A TO: Mayor & Council members DATE: July 7, 2006 APPLICANT: Todd Weiss REGARDING: Thomas the Tank Engine event Minnesota Zephyr MEETING DATE: July 11, 2006 REVIEWERS: Police Chief, Fire Chief, Assistant Fire Chief, Interim Public Works Director PREPARED BY: Bill Turnblad, Community Development Director f • Mr. Todd Weiss of Minnesota Zephyr has submitted a Special Event Application. The planned event is a Day Out With Thomas. The event is scheduled for August 4 -13, 2006 and would take place at the Minnesota Zephyr station and the City parking lot north of The Lofts of Stillwater. Day Out With Thomas events are a chance for children and their grown -ups to spend a day with the railroading characters that appear in the Thomas & Friends television series. The event will feature 25 minute train rides on Thomas the Tank Engine. There will be nine to ten train rides a day. Each ride will have a capacity of 270 passengers. It is estimated that over the course of the ten day event there may be as many as 30,000 visitors. Though, there would be no more than 750 on site at a time. Since the event proposal includes a request to use a City owned parking lot, both the Planning Commission and Downtown Parking Commission reviewed the event proposal. • The Day Out With Thomas event features a variety of activities for children and the adults that accompany them. A summary of the activities follows, and details are attached. Thomas the Train July 7, 2006 Page 2 • Videos • Play areas • Model railroad • Arts and Crafts • Entertainment including clowns, magicians, balloon animal creations • Hay bale maze • Inflatable play activities (slide, circus train, obstacle course) • Petting zoo • Sand box beach • Children's bands • Picture area Site organization details include: • The event perimeter will be fenced. Gate's will be provided that are large enough to accommodate public safety equipment. • 24 hour private security will be provided. • Activities will be offered the entire time between August 4 and August 13. • Set up of the site and City parking lot will begin on Monday, July 31. • There will be 28 portable toilets as well as changing stations. • In addition to parking in downtown Stillwater, the event organizers are negotiating with businesses in the West Stillwater Business Park area for satellite parking and shuttle service. • Access will be provided to the marina customers and employees east of the event site by means of a temporary Class V driveway. RECOMMENDATIONS Planning Commission The Planning Commission unanimously recommended approval of the event and use of the public parking lot with the condition that details of the event be found satisfactory to the Public Safety staff. Downtown Parking Commission The Parking Commission unanimously recommended approval of the event with the condition that since the event is a private venture, exclusive use of the public lot should be compensated for. They recommended that the Police Chief be allowed to negotiate the price up to $500/ day for weekday use and up to $1,000 /day for weekend use. Staff City Staff recommends approval of the event with the condition that the exlusive use of the parking lot be reimbursed. cc: Todd Weiss Attachments: Location map Event description Event site plan Application materials • I INTRODUCTION «.vv L� . 1V OJL:i(04bUb What Is A Day Out With Thomas Event? 5ILHUUEITEVENTS PAGE 01 For children and their grown -ups, Day Out With Thomas events are an opportunity to enter the world of Thomas & Friends through railroads and to experience together the fun and excitement of railroading. For our railroad partners, a Day Out With Thomas event is an opportunity to capture the hearts of a new generation of enthusiasts and to earn revenue to support programs of restoration and preservation. During a Day Out With Thomas event, railroads become an extension of Thomas the Tank Engine'sTM home, the Island of Sodor, with Thomas- themed entertainment for the whole family and the opportunity to meet Sir Topham HattTM, Thomas' firm but kindly boss. About HIT Entertainment Established in 1989, HIT Entertainment PLC is a fully integrated global studio, with divisions in the UK, U.S., Canada, Germany and Japan, including broadcast production and distribution, video and audio sales, consumer products licensing, and marketing. A world leader in quality family entertainment, the company controls all rights for such acclaimed children's properties as Angelina Ballerina, Barney, Bob the Builder"", Kipper, Pingu"" and Thomas & Friends ®. Rubbadubbers TM , a new HIT - produced series, made its U.S. broadcast launch on Nick Jr. in 2003. In the U.S. and Canada, HIT Entertainment also distributes the popular preschool property, The Wiggle. HIT Entertainment (HIT) is the producer of the Thomas & Friends television series which is based on the Railway Series of books written by Rev. W. Awdry. HIT Entertainment is committed to working in partnership with all organizations that have a desire to participate in the success of Thomas and is proud to support heritage railroads around the world. These railroads provide Thomas' young fans with an opportunity to experience the world of trains first hand and continue to play an important role in maintaining the long term success of the brand. About PBS Thomas & Friends began airing on PBS KIDS in September of 2004. PBS KIDS is committed to providing the highest quality commercial -free content and learning environment for children across the country. PBS is a nonprofit media enterprise owned and operated by the nation's 349 public television stations, serving nearly 90 million people each week and reaching 99% of American homes, The Day Out With Thomas Event Guide This event guide has been developed to support railroads in producing the best possible Day Out With Thomas event. The information contained in this guide has been taken from the experiences of railroads running Day Out With Thomas events around the world. Confidential Document Received Time Mar. 9. 1:55PM Come Ride the Rails Tour Property of HIT Entertainment Limited Train Ride ACTIVITIES AND ENTERTAINMENT NOTE: ACTIVITIES AND ENTERTAINMENT PLAN IS DUE 8 WEEKS PROIR TO THE START OF THE EVENT. A Day Out With Thomas event must include a ride behind Thomas, The duration of the ride should be twenty five (25) to thirty (30) minutes and travel at a minimum of 10 mph and a maximum of 15 mph. The twenty five (25) to thirty (30) minute ride time has worked well at past Day Out With Thomas events so that children are not bored. Remember that the entertainment selection on board the train should be creative enough to keep the children occupied and interested. It is important that the staff on board the train and in the Toad and unload areas get involved in the Thomas experience. The employees should overact the role as conductor loading the train with a loud and exuberant "ALL ABOARD!" Once the train departs the station, then it is the role of the on -board staff to begin the train ride experience. The employees should cue the parents to assist in getting the children excited about the train ride with Thomas. Activities on the Train It is important to have activities on board the train in order to enhance the train ride experience. Below are some activities that should be utilized_at -Day Out With - Thomas events, Decorating Train Cars As part of the event, it is the key to have the interior of the train cars decorated for the event. This can be done by using multi - colored (blue, yellow and red) streamers, and balloons. Thomas Audio Having audio in each train car is required for each Day Out With Thomas event. Thomas audio being played in each train car has enhanced the festive atmosphere of the train ride. This activity has proven very popular due to the children knowing and singing along. An audio CD will be provided by HIT Entertainment. NOTE: In addition to the audio, it is important that the staff working on the train start clapping along with the songs in order to get the riders involved. I Confidential Document Received Time Var. 9. 2:13PM Come Ride the Rails Tour Property of HIT Entertainment Limited • Junior Engineer Certificates As part of the Day Out With Thomas event, junior engineer certificates are distributed to the children at the event. It is required that these certificates be distributed near the conclusion of the train ride so children can leave with a take away from the train ride. Junior Engineer Certificates should be distributed to children as they are riding the train. Handing out the certificates while they exit the train is NOT recommended since it will delay the unloading and loading processes. NOTE: HIT will provide a disk with the Junior Engineer Certificate. The host railroad is responsible for having the certificates printed on thick stock paper. Required Thomas Area Activities As part of the Day Out With Thomas event, specific activities are required. Below is a breakdown of the required activities: Storytelling As part of the activities, at least three (3) Thomas books should be read every hour in the designated storytelling area. HIT will provide at least one of these books. This is an oversized book that will be sent with the fixture crate. This area should have an open area to provide seating for the children. It is recommended to use mats, hay bales or blankets based on the ground surface in the area. It is recommended that a quiet location be utilized for this activity. A quiet area will also allow for the children to possibly take a nap during this time. NOTE: The storytellers should be outgoing and have good reading skills_ This type of personality will help in enhancing the storytelling experience and get the children involved. The storytelling area must have signage that lists out the storytelling times and have announcements made over a public address system. Video Viewing An area needs to be designated for viewing of Thomas & Friends videos. This area should have ample seating for both the children and the parents or guardians. Remember that this area will require power and must have very little outside glare. It is recommended that this activity take place in a permanent structure due to the sensitivity of the electronic equipment. Due to the number of children who may participate in this activity, a minimum of a 36" diagonal television screen.is required for this activity. If a host railroad does not have this equipment, it can be easily rented locally for the event. NOTE: Some host railroads have combined the storytelling and video viewing areas and have simply rotated the activities. This will allow for efficient use of space on the event site. J Confidential Document Received Time Mar, 9, 2:13PM Come Ride the Rails Tour Property of HIT Entertainment Limited NOTE: Avoid placing the storytelling and video area in close proximity to any other activities that may generate loud noise levels. Excessive noise will negatively impact these activities. Temporary Tattoos The temporary tattoos are the most popular activity at the event other than the train ride. It is recommended that a large area be designated for this activity to allow for multiple stations for applying the tattoos along with queuing waiting guests. Below is the recommended number of stations to utilize for tattoo application. Small - daily capacity of less than 3,000 guests = 6 locations Medium - daily capacity of 3,000 to 5,000 guests = 8 locations Large - daily capacity of over 5.000 guests = 10+ locations Due to the time associated with applying the tattoos, it is recommended to have the parents involved in this activity. By allowing the parents to assist, additional positions can easily be added, thus increasing capacity. NOTE: The host railroad is responsible for the expense associated with the tattoos. Tattoos must be ordered via HIT Entertainment by using the order form on the following page. 1 Play Table The Thomas & Friends Wooden Railway System is provided by RC2 at no cost to the host railroad. Please keep this play table for future events to increase the number of tables available to the guests. Imagination Station The Imagination Station is an interactive area where children can use their imagination and creativity. There should be at least four elements to the Imagination Station at each Day Out With Thomas event. Confidential Document Received Time Mar. 9. 2:13PM Come Ride the Rails Tour Property of HIT Entertainment Limited • • Coloring Sheets and Activity Sheets, Thomas the Tank Engine coloring sheets and activity sheets are provided to the host railroad to reproduce for use in this area. Only the approved sheets may be used in the Imagination Station, An attendant should give the sheets to the child. The host railroad must also provide crayons for use in this area. It is recommended that crayons be placed in holders on the tables, The disk provided by HIT Entertainment contains the following: > Tell Your Own Story ➢ What's wrong with this picture? ➢ Wheels in motion • Thomas 2 /color coloring sheet > Thomas & Friends 2 /color coloring sheet • Day Out With Thomas 2/color coloring sheet ➢ Thomas black/white coloring sheet ➢ Thomas & Friends black/white coloring sheet > Junior Engineer Certificate ➢ ft's great to be an engine lyric sheet NOTE: You must make at least three different sheets available for the guests in the Imagination Station. NOTE: It is recommended that on the first day only a portion of the crayons be placed in the Imagination Station and replaced as the event progresses. A minimum of five 8' tables must be set up in the Imagination Station. Ample chairs must also be provided for use around the tables. Plastic or paper disposable tablecloths should be used to minimize damage to the tabletops. At least one attendant should monitor the coloring area during the operating hours of the event. TOMY Play Area HIT will provide a variety of Tomy plastic Thomas & Friends trains and track for use in this area. Interconnected Railways Confidential Document The set up of the track pieces is that of two interconnected railways. This will require some imagination by the event staff and your event coordinator in the set up. Two independent tracks should be built on at least two 8' tables. The tracks should alternately raise and lower and cross. One attendant is required to monitor this activity. Received Time Mar, 9. 2:13PM Come Ride the Rails Tour Property of HIT Entertainment Limited Arts and Crafts The set up should be completed the day prior to your opening to ensure proper completion. If you encounter any problems during the set up of the tracks please ask the event coordinator for assistance, Thomas & Friends Rubber Stamps A selection of Thomas & Friends rubber stamps will be provided to you by HIT. These stamps will come with the crates that are sent to you before your event. Be sure to have paper and ink pads for this activity in the Imagination Station. The final element should be an additional arts and craft activity. Every Day Out With Thomas event will be different and this is one way to make your event special. It is suggested that the last element be something that relates to the town or city that is hosting the event. The activity should be easily completed by a young child and should not include any of the characters from the Day Out With Thomas event. Staffing for this activity will depend on its nature, but will require at least one additional person in the Imagination Station, Additional Entertainment Activities NOTE: Entertainers should be paid activities. Performers (i.e. magicians, clowns, balloon sculptors, live music entertainment) should NOT have tip jars nor self promote i.e. CDs for sell. In addition to the required activities, host railroads are responsible for providing five additional__ entertainment activities. Below is a list of some additional entertainment activities to consider for the Day Out With Thomas event: Magician If a magician is being considered as an activity, then it is recommended that act be previewed prior to confirming the activity to ensure that the content of the show is acceptable for children. Other considerations are the length of the magic show, audio requirements and storage needs. These issues are key to the placement of the activity on the event site. Clown If a clown is being considered as an activity, then it is recommended that the act is previewed to make sure that it's appropriate for children. Other considerations are dressing room requirements, props, storage needs and audio requirements. The face on the clown should be child friendly with a smile. Received Time Mar. 9. 2:13PM Come Ride the Rails Tour Confidential Document Property of HIT Entertainment limited • Balloon Animals If balloon animals are being considered, then it is recommended to ensure that enough employees are tying balloons are available during peak weekend periods. NOTE: Balloon animals are not recommended during hot days since the balloons typically break easier in hotter climates. Hay Bale Maze One activity that has proven to be very popular with the children is the use of a hay bale maze. This basically utilizes bales of hay to create a simple labyrinth for the children to enjoy. It is important to remember that when utilizing this activity that the bales of hay are not stacked more than three high and that they are secured to one another to prevent bales from falling. It is important to have a secured perimeter around the maze so that if children climb out, they have an access point to the perimeter-to enter and exit. This will also assist parents in finding their children if they exit early from the maze. It is also important to have a minimum of two employees walking the perimeter of the maze to assist children in any way possible. NOTE: When using a hay bale maze, fire extinguishers should be positioned at all four comers of the maze and the bales should be sprayed with approved fire retardant chemicals several days prior to the event. Inflatable Play Activities If a children's inflatable is considered, the safety of the activity is of utmost importance. Careful consideration must be given to the type of activity to ensure that it is geared toward children 2 to 6 years old. NOTE: It is recommended that height requirements be utilized to restrict the size of children participating in these types of activities. This will assist in insuring that larger and older children do not accidentally injure younger and smaller children in the activity area. Typically these activities are outsourced from a third -party vendor. It is recommended that when outsourcing these activities the host railroad consider having the vendor staff and operate the inflatable. This will ensure that the inflatable is being utilized correctly and reduces the liability issue from the host railroad and places it on the vendor. NOTE: If a third -party vendor is going 'to staff and operate inflatable activities at the event, it is recommended to get a copy of liability insurance from the vendor prior to operating the equipment on the event site, and that the host railroad be named as an "additional insured" during the event. To prevent any power issues, the inflatable equipment should operate on a generator to avoid deflation in the event of a power outage. In addition, check with city or county municipalities to ensure that no permits or inspection of such a device is required, Come Ride the Rails Tour • Confidential Document Received Time Mar. 9. 2:13PM Property of HIT Entertainment Limited Live Animal Activities Live animal activities such as petting zoos have proven extremely popular at Day Out With Thomas events.. It is very important that when dealing with live animals that all county, city and state codes are followed. Prior to using this activity, check with the local municipality to ensure no code issues conflict with this activity. Check with the vendors to determine what amount of infrastructure is required for these activities. Typically, potable water, shade and grass are basic requirements. In addition, what method of security needs to be determined to keep the animals secure within a designated area. Check to ensure that liability insurance is in place prior to operating any live animal activity. Below are some other issues to consider when utilizing these activities. Petting Zoo When using an area for a petting zoo, it is important to coordinate with the vendor to ensure that the animals are small and will not frighten the young children. Safety signage is the key in this area to ensure the safety of the children and the animals, Typical petting zoo areas will require a shade structure or tent for the care of the animals. The size of the structure should be a function of the number of animals being utilized in the area. It is important to coordinate with the vendor whether the animals will be staying on the event site overnight. i NOTE: It is recommended that the third -party vendors transport their animals from the event site at the conclusion of each event operating day to prevent potential harm to the animals. Small Kiddie Rides Unless an event site has an existing permanent kiddie ride in operation, kiddie rides are not permitted as alternate activities at a Day Out With Thomas event. Model Railway Layout If a model railway layout is being considered, then it is recommended to determine the space requirements, power requirements, set -up and tear -down time. Since children will get excited about the model railway set, make sure that sufficient protection around the model layout is available to ensure the protection of the model. It is recommended to utilize clear plastic Plexiglas for a barrier around the model. Confidential Document Received Time Mar. 9. 2:13PM Come Ride the Ralls Tour Property of HIT Entertainment Limited • Other If an alternate activity is being considered for the Day Out With Thomas event, then advance approval must be given by HIT Entertainment. The list below has some ideas for other activities, but these also must be approved by HIT Entertainment. Puppet Show Pony Rides or Hay Rides Speeder or Motor Rides Hand Car Rides Children PlaySet Vaudeville /JugglerNentriloquist Act Face Painting Fossil /Gem /Gold Dig Rubber Tire Train Rides Trolley Rides Caricature Artist Fishing Ponds Miniature Golf Course Sidewalk Chalk/Bubble Station 7.5" Gauge Train Ride Miniature Hand Car Rides Musical Entertainment Background music should be played throughout the site area during the Day OufWifh Thomas event. The background music will be provided via a Thomas & Friends CD that is provided to the host railroad. A minimum of three hours of live musical entertainment is required for each daily event. The three hours needs to be spaced out over the length of the day. The entertainment act should perform six separate 30 - minute sets. The host railroad is required to provide a sign listing out the show times for the live entertainment. NOTE: When sourcing live entertainment talent, they MUST perform age specific music that's geared toward children 2 -6 years of age. In addition, it is helpful to have performers who know railroad themed songs. The performer's song list needs to be sent to the HIT event coordinator for approval before talent is booked. The best source of these performers is local talent agencies. Once a talent act has been selected, they must provide a play list for the host railroad to review and approve. When determining the location of the live entertainment, it is recommended to have a riser or stage to allow for a clear line of viewing. Typically, host railroads place the live entertainment in close proximity to the food and beverage dining area so guests can sit down and enjoy the entertainment while having lunch. 411 Confidential Document Received Time Mar. 9. 2:13PM Come Ride she Rails Tour Property of HIT Entertainment Limited NOTE: During the Day Out With Thomas event, children's music should be played. Prior to having any music dubbed, recorded or burned to compact disc, it is recommended to have HIT review the play list of songs to ensure that no conflict exists. NO children's songs from competing brands (Disney, Warner Brothers, etc.) are permitted, Confidential Document KEY POINTS ➢ Finalize the entertainment to be performed during the train ride ➢ Finalize the location of ALL required Thomas activities ➢ Finalize the five alternative entertainment activities and their locations ➢ Check to ensure all required permitting and / or liability insurance is in place and up to date ➢ Check to ensure that any necessary inspections take place prior to the operation of any activity ➢ Order temporary tattoos via HIT ➢ Check to ensure that if alternate entertainment is considered, that it is approved by HIT ➢ Finalize and book entertainment 30 -60 days prior to the event Received Time Mar, 9, 2:13PM Come Ride the Rails Tour Property of HIT Entertainment Limited • • • 0 ■-■-• i!A tAtC11 t Di • N6Z1 NZU, ZO 3Ed SIN3A311110H1IS _„. 909P82.EZT9 ST :TZ 900Z/TZ/E0 C £0 3Jdd co 4) > c _o > 4 ca c o a) ° m1- N- ?� E > r o. o 3� =' v �a en �a3 m a . - `o. m 3 m �� .� � o) o ` a t v c ° E- r . - c —• o cu v y v, VI ,.. ° I— 0 z Y _ Q ' p 0 c N• '0 0V enRI O o >> y j (9 a� r, � ha ru a1 p = to N m N= o c 4) 0>.,w(-11. . 3 . o y c m a1 E t7 ir. ,.. c >. c o s o ° cc a - iU o U (p .C> A ti 0`0 m o � E .y m � o rn . c = •- ` : c o ui j p = c al E >- � m . - N a) n c �N,c aim > E a) oa 3 c� a° `�`a ca) 4) a� ai ° ^' -' b m I- co O co o 0 ) a >..0 M i° s U n-.1 0 2 a) 'O m N . 0 U G b N N C ^ -c 3 G.(p E -0 Q (A9 C.G N N ' , y N .g C m a= F >i- N O 0 4 O s h -fl a. o ' 0 -0 O 32; w c a(p C t N .0 ;51 G Q Q C 1) Q ` (A a 0 d c o 0 o c O $ 8 v .= f0 = 3. m ti as t 0 3 2 i o h. • v 4 t p LL 2 (9 Ew R I- -C Q - r-4 v.. r0 - I- 1-- U w - 1- € 1- L :1) iv 3 +7 15 , � m u) 7 5 4) N c & o c (C C (D rZ. 4 `> O 2 tdz U m 0 7 U f n 7 I- V I- 3- r 0 0 O 0 0 0 0 N O N ('y 0 ti m .a I I- .E C SIN3A3113110H1IS 0 0 . 4) : a) 5. CO 0 0 LO X 0 o� r T + 0 o a m N 2 of 'C 0 ca v o WV8g:11 £Z'aeW anvil pe eoe a O O o 0. m 0 N O tp '1'I E a 0 F a 0 g M O Q � o 0 as 0 o c al 1- 1- 1-- 0 0 o o 909V8L£ZT9 6T :TZ 900Z/TZ/£0 • • 'O 39Vd 2 % o o � q 0 0 a / $ 2 m ul & c_ .. 22 Ca 2 n r c� 77 2 � a co R E ® @ c k a) E a °= E Z ©' °d $ § o k § § 2 7 M� c n o 2 Q. \\ e. eri � § \k - f2 E §o a) 2P 'd 6 . % 03 =? in' /�2 © � � $2 o ■ m w§a»P 4 ) h � - 0 kk £\= § - 2 § § k 3 § ■ = a 2 2 =»em m■ 2 k / 2 2 2 2° = 75 e�c = i2 - o v E P c - = o R te=- §o_& -£0+3 0 0 0 0 0 o - o| 0 0 E q cNi 0 6 0 # 0 0 o 0 7 / x k § / 3 3 2 k 3 n U3 0 CO CO P _ / r ©� $ / r cl /qk ƒ / k e a) ca CO / § / 0 £ _ / d $ k S N A 1 0 1IS INV H :11 'E /'J§) euILL peA!904 S 9 8L E:I9 sI :IZ 9OO7 /I3 /E0 .11water 'MI 014 Or oINATOOTA 216 N. 4th Street Stillwater, i111V 55082 Telephone: 651- 430 -8800 Fax: G5I -4130 -8809 APPLICATION FOR SPECIAL EVENT All items on application MUST be completed and received !by the City 45 days prior to proposed event Incomplete applications will not be processed Submittal Date: APPLICANT INFORMATION (. Organization Nf/�So 2L,0A Contact Person . /0.04 - 0 Address / i'by- 573 City State Daytime Phone (aa„ i ldry /9 ,W c) U Email Address: �/1 Zip 65/ � x 3d,3zel Alternate z Number G5 J 3o 3 i f v Eff:A�i �fwt .v:_ nraWMCMITHEMitri IMISLIM M .3�.iAs. EVENT INFORMATION (Special Events involving the use of City Property' nay require Park Board or Parking Commission Review. Events on Private Property may require Planning, (Commission review) Date(s) of Event Purpose & Description of Event 1�v�rZ /t,z--) ,I )fZ . 4 , c / Catilf S,Re t ticJ 1 *t — 7110 7h THIS (t Proposed Location of Event (be specific) Type of Event Estimated number of people to attend 4 1 If Lowell Park is to be used: North Lowell Park or 1 South Lowell Park (Circle which one or both ) D4 Oa/ tIA / L - 1;;T : -/it 64f affil v, (De s,-A, Of (cura> "I w ; _67,r}5 d, ,25 ARM= fAtt= Following Information must be S.Iip plied (Put a check next to items pertaining to your event. If not appliicalAle - Please put N/A in the space) Hours of Event: fj // f , (Special Events conducted after 10 :00 p.m., require Council appan owal of a variance to the noise ordinance) tJ Type of Non - Profit Organization For - Profit u Oue Selling Alcohol ,e1 Temporary Liquor Licenses are GAILY awaLlaable to non - profit organizations - $25.00 per day Permit to Consume /V/A (for the consumption of beer, wine, wine cocGeara, end hard liquor on public property (parks) • $35.00 fee) Site Map (required) (attach to application) Impact on Parking (required) Describe: 1t wa a /Yl refi �'��'''� 7, it l/ • .Sias cz 6 CJfr th,v�" (CONTINUE Cfil • • Special Signage 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 Officer Needed Restrooms (Portable) Live Entertainment Level of Promotion /Advertisement Applicant Signature FEI ONtr 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 _ 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 Pofice 05;r - v 4351-4900) to arrange for officer V (Applicant to pay for restrooms - Contact Public Works 275 -4100) 1 1 I 1 1 1 1 1 1 1 1 Size Propane River Lake Name: EMT Standby Comments: Describe: ?fl rib r Describe Location Deep fat frying Ambulance Standby Type of Music f lc( b4t -c)5 CI - "r5r tvisic14 - 3 Permit to Consume: Temporary Liquor License $25.00 per day Event Fee Deposit Other Fees: TOTAL FEES FEES (if applicable) $250.00 Exiting Points Othe r Fire Departrnen t Standby P atiou-vtch"--L, • • 8, • MEMORANDUM • TO: Mayor and City Council FROM: Shawn Sanders, Interim Public Works Director DATE: July 7, 2006 SUBJECT: Feasibility Report for 2006 Sidewalk Rehabilitation Project (Project 2006 -05) DISCUSSION As part of the City's 2006 improvements, it is proposed to have a sidewalk rehabilitation project this summer. Criteria used in inspection include sidewalks that are severely cracked, heaved or settled, or misaligned, such that they may cause people to trip. This year's project will focus in areas scattered all over town. (See attached map). There are 47 properties where sidewalks will be repaired with approximately 12,000 square feet of repair. The estimated total cost of the project is $77,380 This cost includes all work associated to remove, replace sidewalk, restoration, engineering, inspection and administration. It is proposed to assess $38,690 to the affected property owners, with the remaining share being paid for by the City. Property owners would have up until the time construction starts to replace the sidewalk on their own or else they would be included as part of our project and be assessed for their portion of the project costs. If the feasibility report were approved at the June 20th Council Meeting, the timeline for the project would be as follows: Public Hearing August 1, 2006 Award Contract August/September Begin Construction August/September Assessment Hearing October RECOMMENDATION It is recommended that Council approve the feasibility report for the 2006 sidewalk improvements and order the public hearing to be scheduled for August 1, 2006. ACTION REOIRED If council concurs with the recommendation, they should pass a motion adopting RESOLUTION NO. 2006- RECEIVING REPORT AND CALLING HEARING ON 2006 SIDEWALK REHABILITATION PROJECT (PROJECT 2006 -05). RESOLUTION RECEIVING REPORT AND CALLING HEARING ON 2006 SIDEWALK REHABILITATION PROJECT (PROJECT 2006 -05) WHEREAS, pursuant to resolution of the council adopted June 6, 2006, a report has been prepared by the City Engineer with reference to the 2006 Sidewalk Rehabilitation Improvement; and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost - effective, and feasible, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. The council will consider the improvement of such street improvements in accordance with the report and the assessment of abutting property for a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $77,380.00. 2. A Public Hearing shall be held on such proposed improvement on the 1st day of August 2006, at the Stillwater City Hall Council Chambers at 7:00 p.m., or as soon as possible thereafter, and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council of the City of Stillwater this l lth day of July 2006. ATTEST: Diane F. Ward, City Clerk Jay L Kimble, Mayor • • • • 2006 SIDEWALK REHABILITATION PROJECT PROJECT 2006 -05 • • Item Unit Quantity Estimated Unit Price $ Total Price $ Remove Concrete Pavement SF 12041 1.10 13244.55 5" Concrete Pavement SF 12041 3.95 47559.98 Granualr Material (LV) CY 208 13.20 2747.02 Trim Roots Tree 6 92.10 552.60 Sodding Type Lawn SY 570 10.35 5898.64 Topsoil Borrow (LV) CY 208 35.45 7377.41 Grand Total $ 77380.19 a� W 4,11111A A133N9 SN3A� • W `e A0 _ 3 Iba rc '1S .jr . xiS QJ a a 'ZiIJ A • AOatl3W - i r NOS Y 12103 ' y � Sr N \ >, ' L3 SNtl3lil0 - rn c ia 1VRIISfMN1 NOS0NI ex 0.1 yh' U a.N S �3h0 i J 0 r��r�ii77 y ,� a S " 1330 W3 i 'S _AV N83'S3AH1SON v HII1MJIIV d2, 1 170 K Aaa3aAy W IN . S 13 3lltlhj�'Vl3 J Q(j' norm 110D a �'� N aQIH �� �4 _• . 1i P a' 1,� •17 f ' f1 Si P� d V .. . -nvvi .. au�JN�� PNI QIM V3 30a1a 1S3A • • • • • • PS " - 2c Q N o,v N r y GL N N N W . 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M N N v N n ti Akrvi n),) N V) (0 m m 9Im j N GO 13 A3 1n r 0` o v CO 3ON3ntl Na31S3AH1211 cc: Jay Liberacki I U“ Pi B ' ,1 1 H P 1 . 4 C E o F M i N N F S B 1 .4 TO: Mayor & Council members DATE: July 7, 2006 APPLICANT: US Homes REQUEST: Discuss Development Phasing Change for Millbrook MEETING DATE: July 11, 2006 REVIEWERS: Interim Public Works Director PREPARED BY: Bill Turnblad, Community Development Director Jay Liberacki of US Homes has requested an opportunity to discuss a desired • development phasing change for their Millbrook project on the former Palmer property. Due to delays related to watershed district issues, grading on the project can not begin until late summer at the earliest. The late start and other complications will prevent a model of the larger single family product from going under construction this fall if the originally proposed development phasing plan is adhered to. Therefore, US Homes would like to amend their phasing plan to make the desired model home start possible this fall. The proposed change is to undertake a much smaller first phase and locate it on Neal Avenue instead of Highway 96. The recognized conflict is that the portion of the project along Neal Avenue was intentionally planned to be developed last so that construction traffic would be able to use streets built in earlier phases to access directly onto Highway 96. This would keep construction traffic off of Neal Avenue. By starting the development on Neal Avenue, there would unavoidably be traffic on Neal Avenue until the second phase when local streets in Millbrook would be constructed. The current phasing plan and the new proposed Phase I area can be seen in the attached plan. Recognizing the conflict, US Homes has asked for the City Council to discuss the idea. If the Council is generally supportive of the revision, then City staff would add the phasing change to the preliminary plat hearing at the August 1St Council meeting. We would also notify the neighbors of the potential change prior to that meeting. 0 0 m 0 m N D m S z N N N • 1 / / I� / 1 /+ // v v v / � � w° I O I /O / \\ .c i, lw 0 N. / / \ N. 71 II \ \ L L.._1 \\ N. \ N. r ( Il � il.. ` . y;,�/ / � 7 �llll 1 �ge PHASING PLAN MILLBROOK STILLWATER, MINNESOTA U.S. HOMES CORPORATION i \• NEAL AVENUE NORTH 11 00 m m 1 p 1 73 10 1 = 1 0 1 SATHRE - BERGQUIST, INC. 150 SOUTH BROADWAY WAYZATA, MN. 55391 (952) 476 -6000 • • 1 ,4; C„.".03 4;'M ! !ON • SATHRE-BERGQUIST, INC. N.) SOUTH Mit AiYWAY $6391 (952) 475,9000 • • • „. ziATHRE-BERGOUIST, INC. , A.44, !>539 1 052 4 te,4000 • • • • Ai :lit Ait J111 it Si A JR .11 ii711E PHASING PLAN MILLBROOK STILLWATER, MINNESOTA U.$. HOMES CORPORATION VENUE NORTH SATHRE- BERGQUIST, INC. 150 SOUTH BROADWAY WAYZATA, MN 55391 (952)476-6000 0 • • I wac,r 11 1 Ih air aoiorc a �d I ��� �.,nlll J ' H+ g I R' H P∎ A r c 0 M: N N F C O 1 A CITY COUNCIL RECOMMENDATION Approve the first reading of Ordinance 969 as presented. DATE: July 5, 2006 ITEM: Teddy Bear Park Policy CC DATE: July 11, 2006 REVIEWERS: City Administrator, Community Dev. Director PREPARED BY: Michel Pogge, City Planner DISCUSSION As the council is aware Tom and Sherry Armstrong have recently donated Teddy Bear Park to the City. Since the City currently does not own or operate a similar facility there are a number of policy items that needed to be discussed and decided on prior to • the City making the building available for rentals. Staff has developed a list of items related to the park and presented them to the Parks and Recreation Board for review and recommendation to the Council. The Parks Board has reviewed these policies and made their recommendation to the City Council on June 26. Attached is a copy of their recommendations. Since the policies for Teddy Bear Park conflict with a three sections of the City Code it is necessary for the council to enact an ordinance to amend these sections. At this time staff is presenting Ordinance 969 for a potential first reading at your July 11th meeting. A resolution formally adopting the remaining policies will be presented to the Council on July 18 with the potential second reading of the ordinance. • TEDDY BEAR PARK POLICY ITEMS AS RECOMMENDED BY PARK BOARD Park Hours - Set reduced hours for Teddy Bear Park as 8AM to 8PM or dusk, which ever is earlier, for April 1 to the first snow. Building shall be available for rental from April 1 to September 30. The park site and building shall be closed in the winter. Park Gate - Park gate shall be closed and locked during hours the park is closed. Alcohol - Due to the nature of this park, Teddy Bear Park shall be designated an alcohol free park. Animals in the park - Due to the nature of this park and lack of open space, animals shall be prohibited in Teddy Bear Park. Service animals and zoo animals shall be exempted from this policy. Building Rental Policy - Ty pe of Events - The park shall be generally open to all uses, except the City reserves the right to deny any activity that is incompatible with the intended use of the park. Rental Rate and Length of Rentals Establish the following rate schedule for the facility based on a flat rate for the first 3 hours with a set rate for additional hours. This fee schedule allows for and encourages partial day rentals. Monday - Non - profit For - profit Thursday Resident Non - resident Group Group First 3 hours (1st Floor) $ 50.00 $ 80.00 $ 50.00 $ 80.00 Each Additional Hour (1st Floor) $ 15.00 $ 25.00 $ 15.00 $ 25.00 First 3 hours (2nd Floor) $ 40.00 $ 60.00 $ 40.00 $ 60.00 $ 10.00 Each Additional Hour (2nd Floor) $ 10.00 $ 15.00 $ 10.00 $ 15.00 $ 5.00 * * Rate based on a minimum of 10 separate meetings with no food at the event. Teddy Bear Park Policy As recommended by the Parks Board Page 2 Non- profit For - profit Friday - Sunday Resident Non - resident Group Group First 3 hours (1st Floor) $ 90.00 $ 160.00 $ 90.00 $ 160.00 Each Additional Hour (1st Floor) $ 25.00 $ 45.00 $ 25.00 $ 45.00 First 3 hours (2nd Floor) $ 70.00 $ 125.00 $ 70.00 $ 125.00 Each Additional Hour (2nd Floor) $ 20.00 $ 35.00 $ 20.00 $ 35.00 Damage Deposits - A damage deposit of $100.00 per floor rented is required for reservations. Time between rentals - A minimum of one hour between rentals is required. Staffing - A City Staff member with open and lock the facility between each event to ensure the facility has been properly cleaned and no damage has occurred during the event. Reservation deadline - Reservations are required 24 hours in advance for events between 7AM and 3:OOPM Monday through Friday and 1 week in advance for events on Saturday and Sunday and after 3:OOPM on Monday through Friday. These recommendations will be forwarded to the City Council for consideration and action at their July 18, 2006 meeting along with a formal reservation application and rental agreement. • • • • 1. 2. Amending. Ordinance No.: 969 AN ORDINANCE AMENDING THE STILLWATER CODE, CHAPTER 48 ENTITLED PARKS AND RECREATION BY RESTRICTING ANIMALS, AMENDING PARK HOURS, AND RESTRICTING THE CONSUMPTION AND POSSESSION OF INTOXICATING LIQUOR AND 3.2 PERCENT MALT LIQUOR IN TEDDY BEAR PARK. The City Council of the City of Stillwater does ordain: Purpose. The City Council finds it necessary to regulate and restrict the use of Teddy Bear Park in order to protect and maintain a healthful, safe and desirable environment. A. The Stillwater City Code, Section 48 -2, subd. 7 by striking the subdivision in its entirety and replacing with the following: Subd. 7. Dogs and pets are permitted in all City of Stillwater public parks, except Teddy Bear Park, subject to the regulations and restrictions set forth in City Code, Section 27 -1, Subd. 6a and Subd. 7. No dogs or pets, except service animals and zoo animals, shall be in or upon Teddy Bear Park. B. The Stillwater City Code, Section 48 -4 by striking the section in its entirety and replacing with the following: Sec. 48 -4. Consumption and possession of intoxicating liquor and 3.2 percent malt liquor in City of Stillwater Parks. Subd. 1. Prohibited generally. No person may consume upon, introduce upon or have in his possession upon any City of Stillwater public park any intoxicating liquor or 3.2 percent malt liquor, as defined in Minn. Stat. ch. 340A without a permit issued by the City. The fee for said permit shall be established by resolution of the city council. The city council may, by resolution, designate certain parks as an alcohol free park effectively prohibiting all intoxicating liquor or 3.2 percent malt liquor, as defined in Minn. Stat. ch. 340A in said designated parks. C. The Stillwater City Code, Section 48 -5 by striking the section in its entirety and replacing with the following: Sec. 48 -5. Prohibited hours for certain acts. Subd. 1. Prohibited hours for certain acts generally. It is unlawful for any person to be present in or upon the public parks within the city between the hours of 10:00 p.m. and 6:00 a.m. when that person does loiter or make undue noise by shouting or yelling, or when that person otherwise disturbs the peace and quite of the city. Subd. 2. Prohibited hours for Teddy Bear Park. It is unlawful for any person to be present in or upon Teddy Bear Park between the hours of 8:00 p.m. or dusk, whichever is earlier, and 8:00 a.m. Subd. 3. Exemptions by city council. The city council may, upon its own motion or upon application, waive prohibition of subdivisions 1 and 2 of this section for specific occasions, group or individuals, upon reasonable assurances that the safety and welfare of the public and the peace and quiet of the city will be protected. 3. Saving. In all other ways, the Stillwater City Code shall remain in full force and effect. 4. Effective Date. This Ordinance shall be effective upon its passage and publication according to law. Enacted by the City Council of the City of Stillwater this day of , 2006. By: ATTEST: Jay L. Kimble, Mayor Diane F. Ward, City Clerk • • • • MEMORANDUM • • TO: Mayor and City Council FROM: Shawn Sanders, Interim Public Works Director DATE: July 10, 2006 RE: 2 " & Nelson Storm Sewer Project Project 2006 -08 DISCUSSION: Bids for the 2 " & Nelson Storm Sewer Project were opened on Monday, July 10, 2006. The City received three bids with the low bid of $130,000.00 submitted by Three Rivers Construction. (See attached resolution). The engineer's estimate for this project was $125,000.00. RECOMMENDATION I recommend that the City accept the bids submitted for the 2 "a & Nelson Storm Sewer Project, Project 2006 -08 and award the contract to Three Rivers Construction with a low bid of $130,000.00. ACTION REOUIRED: If Council concurs with the recommendation, they should pass a motion adopting the Resolution 2006- ACCEPTING BID AND AWARDING CONTRACT FOR 2 & NELSON STORM SEWER PROJECT and ACCEPTING BID AND AWARDING CONTRACT FOR 2nd & NELSON STORM SEWER PROJECT (Project 2006 -08) WHEREAS, pursuant to an advertisement for bids for the 2 °a & Nelson Storm Sewer Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement; BIDDER BID AMOUNT Three Rivers Construction, Lakeland, Minnesota $130,000.00 Miller Excavating, Inc., Stillwater, Minnesota $139,054.00 Jay Bros., Inc., Forest Lake, Minnesota $168,013.65 ENGINEER'S ESTIMATE $125,000.00 WHEREAS, it appears that Three Rivers Construction of Lakeland, 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 Three Rivers Construction of Lakeland, Minnesota in the name of the City of Stillwater for the improvement of storm sewer according to the plans and specifications therefore approved by the City Council and on file in the office of the 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 11 day of July 2006. ATTEST: Diane F. Ward, City Clerk Jay L. Kimble, Mayor • • • • Memorandum • • To: Mayor and City Council From: Shawn Sanders, Interim Public Arks Director Date: July 6, 2006 Subject: Bid Opening for 2 "d & Nelson Street Storm Sewer Project (Project 2006 -08) Bid opening for the 2 " & Nelson Street Storm Sewer Project (Project 2006- 08)will be on Monday, July 10 2006. Results will be presented to City Council at the Tuesday, July l l 2006 meeting. • Memo • • DATE: July 6, 2006 TO: Mayor and City Council FROM: Sharon Harriso Finance Director RE: Sanitary Sewer Rate DISCUSSION The City's policy is to do a financial review of all proprietary funds at year -end to ensure the financial integrity of each fund. To avoid major increases to service rates in the future, rates are analyzed once a year. For year ending 2005, the Sanitary Sewer Fund had operating loss of $217,072 (as presented in the 2005 financial statement). In order to fund the operating deficit, the City needs to consider raising sanitary sewer rates. The last sewer rate increase occurred in mid 2005. There are two parts to the Sanitary Sewer rate: (1) the base rate (also called the minimum charge); and (2) the overage charge. Currently, the charge for the base rate is $39.00 per quarter for the first 10,000 gallons and the overage charge is $3.40 per quarter per 1,000 gallons over the base. Under our current billing system, we are charging more per gallon for the first 10,000. An argument could be made that the overage charge should be increased to encourage conservation. Therefore, in order to simplify the analysis, only an increase to the overage charge is being proposed in the following options for Council to consider: Option l: Raise rates to fund the entire operating loss of $217,072. This option would result in a $.50 increase in the overage rate or a new overage rate of $3.90 per thousand gallons per quarter. Option 2: Raise rates to fund $1 37,072. The $137,072 is derived from taking into account a portion of the non - operating revenues (interest and penalty) of $80,000. These revenue sources have proven to be fairly consistent and recurring over the past four years. This option would result in a $.30 increase in the overage rate or a new overage rate of $3.70 per thousand gallons per quarter_ Option 3: Raise rates to fund $94,434 or the net overall deficit of the Sanitary Sewer Fund. The $94,434 is taking into account all non - operating revenue sources of $122,638 which is slightly higher than the estimated recurring $80,000 revenue sources listed in option 2. This option would result in a $.20 increase in the overage charge or a new overage rate of $3.60 per thousand gallons per quarter. ACTION REOUIRED If Council concurs with staff's recommendation to raise sanitary sewer rates, Council should pass a resolution adopting one of the above mentioned sanitary sewer rate options. • • • • • WHEREAS, the City Council reviewed the financial review of the Sanitary Sewer Fund; and WHEREAS, for year ending 2005 the Sanitary Sewer fund had an operating loss of $217,072; and WHEREAS, the following three options were presented to Council for consideration: NOW THEREFORE BE IT RESOLVED that the Stillwater City Council hereby approves Option , effective July 1, 2006. ATTEST: III Diane F. Ward, City Clerk APPROVING INCREASE IN SANITARY SEWER RATE Option 1: Raise rates to fund the entire operating loss of $217,072. This option would result in a $.50 increase in the overage rate or a new overage rate of $3.90 per thousand gallons per quarter. Option 2: Raise rates to fund $137,072. The $137,072 is derived from taking into account a portion of the non - operating revenues (interest and penalty) of $80,000. These revenue sources have proven to be fairly consistent and recurring over the past four years. This option would result in a $.30 increase in the overage rate or a new overage rate of $3.70 per thousand gallons per quarter. Option 3: Raise rates to fund $94,434 or the net overall deficit of the Sanitary Sewer Fund. The $94,434 is taking into account all non - operating revenue sources of $122,638 which is slightly higher than the estimated recurring $80,000 revenue sources listed in option 2. This option would result in a $.20 increase in the overage charge or a new overage rate of $3.60 per thousand gallons per quarter. Jay L. Kimble, Mayor RESTATED BYLAWS OF STILLWATER FIREFIGHTERS RELIEF ASSOCIATION The Bylaws of the Stillwater Firefighter Relief Association as of January 1, 2006 ARTICLE I NAMES The name of this organization shall be the "Association"). 4 General DefinitionsThe following words meanings except as otherwi5gaguired b "Active member" is active with the Fire6 "Deferred "Fire ghter Relief restated effective 11 (the :iii shall have the following ho is eligible for benefits and is currently 05 who is no longer active with the Fire on of accrued benefits. serving the Municipality. ARTICLE III PURPOSE The purpose of the Association is to provide retirement relief and other benefits to its members and their dependents. The Association is a government entity that receives and manages public funds to provide retirement and ancillary benefits for individuals providing the governmental services of firefighting and, if applicable, emergency first response. The Association may also raise funds from private sources to furnish fire and emergency equipment for the Fire Department, and for other purposes deemed necessary and appropriate by the Association to the extent permitted by law. Benefits paid to members and their dependents shall be funded primarily through governmental sources. DB105_V 1.3.1 1 0 2005 Minnesota Firefighter Fiduciaries, LLC ARTICLE IV MEMBERSHIP 4.1 Admission. An application for membership shall be completed on the form provided for the purpose of becoming eligible for benefits in the Association. All active members of the Fire Department are members of the Association and shall be eligible for benefits, except as otherwise stated in these bylaws. Upon approval of the member's ation, such member shall accrue service credit for all active service while in probations atus. 4.2 Membership Duties. A member may be requi; requirements for relief association activities such as memb r., events, as set forth in the written policies and procedur may adopt penalties for members who fail to meet um t13e classification of such members as. ineligible to a acti or periods during which the requirements are not me . alt attendance requirements shall not include forfeiture of b failure. 4.3 Member "hi The Aadoes not 4.4 Member Voting Riphts. Each tiveAlm matter voted upon by the n}�ship. Votin oxy is Aro n inimum attendance r. 1Z�cetil d fundraising 41% by the s. The Trustees attendance requ nts, including ervice creditrrior period ie failure to Memum What ave accrued such dues. entitled to one vote on any 4.5 Termi n. An mber who i rminated by the Fire Department shall cease accruing benefits Alessoct on as of the daWKtermination. NICLE V OF TRUSTEES Com osr . `l'lie4goard of Trustees shall consist of nine members. Six trustees mus lected from a membership of the relief association. There shall be three (3) officials drawn the mu palities served by the Fire Department. The three (3) municipal trustees must be o cte unicipal official and one elected or appointed municipal official who are designated a cipal representatives by the municipal governing board annually and the chief of the munic' fire department. 5.2 Duties. The Board of Trustees shall perform the functions and assume the same duties as a Board of Directors under Section 317A of the Minnesota Statutes. In addition, the Board of Trustees shall: (a) Have exclusive control and management of all funds received by the Treasurer pursuant to the statutes of the State of Minnesota and all moneys or property donated, given, granted or devised for the benefit of the Association. DB105 V1.3.1 2 below. (b) Examine when by them deemed advisable, the books, papers, funds, securities and property in the custody of the Treasurer, and generally accounts, funds and securities, and property of the Association. (c) Examine and approve the validity of all claims prior to payment by the Treasurer- (d) Prepare, supervise or direct the preparation of forms to be supplied by the association on which members may submit claims to thej§jd of Trustees for their approval. (e) On an annual basis or more frequently as may b slum determine eligibility for benefits, review and verify records of serve c it that bedelivered to the Association and certified by the chief of� ets epartme (f) Assume such additional duties as descri d in Associatio es and procedures or required by state ]a , i ng a on of an inves nt policy, establishment of an investment committe oth r committee re necessary or appropriate, rovision of writt estment restrictions to brokers, securing certificates of its Ce in connectio the retention of consultants, and establishment of a con education pea r to keep abreast of their fiduciary responsibiliti ARTI E VI OFFI RS 6.1 Number. i Assoei n and their duties shall be as set forth of the President of the Association to: (a 'have genemAgement of the business of the corporation; (b)\)ral've eside at meetings of the board and of the members; (c) d resolutions of the board are carried into effect; (d) sign ark deliver in the name of the corporation deeds, mortgages, bonds, contracts, or other instruments pertaining to the business of the corporation, except in cases in which the authority to sign and deliver is required by law to be exercised by another person or is expressly delegated by the articles or bylaws or by the board to another officer or agent of the corporation; (e) maintain records of and, when necessary, certify proceedings of the board and the members; and DB 105_ V 1.3.1 3 (f) perform other duties prescribed by the board . 6.3 Vice President. It shall be the duty of the Vice President to perform the duties of the President in the President's absence. In the absence of both the President and the Vice President, the Board of Trustees shall appoint an interim President and Vice President who shall perform the duties incident to the office. 6.4 Secretary. It shall be the duty of the Secretary of the (a) Keep a membership record showing the correct adds members. (b) Keep or cause to be kept an accurate i all meetings of the Board of Trustees. (c) Conduct and direct the investigationXp (d) Keep a record of all monies received -14 6.5 Treasurer. It shall be the e Treasurer o (a) Receive and receipt all monie ue iati and to keep accurate accounts a re s (b) Have cu y of (c) Furnish a duties invo d se 1111101 1 to <. Pay all prop f necessary 6.6 (a) iation to: of alf beneficiaries and inp-sIlMe Association and of the Treasurer. ion to: members and other sources -v so received. and seTarities belo$izine to the Association. favor of the lViciation for the faithful performance of all 1hintin-nandAKr the safekeeping of, or accounting for, all it a into its possession. The bond shall be in an 10% of the assets up to a maximum of $500,000. Wlaims for benefits, and to pay all bills incurred in the way the conduct of the business of the Association. T#ie iI annually prepare an annual financial report of the AssoFunds s receipts, disbursements, and balances in the Special and Geneci for the preceding calendar year on a form prescribed by the Office of the State Auditor. They shall transmit the report to the city clerk for inspection, signature and transmission to the State Auditor pursuant to law. (b) Pursuant to the Volunteer Firefighter's Association Guidelines Act of 1971, the officers of the Association shall, annually, determine the financial requirements of the Special Fund for the following year. The financial requirements of the relief DB 105 V 1-3.1 4 association and the minimum municipal obligation must be included in the financial report or financial statement. 6.7 Compensation. As compensation for services to the Association by the President, Secretary and Treasurer, the membership may at the Annual Association meeting authorize payment of an aggregate salary expense payable from the Special Fund to one or more of these officers. The Vice President and all remaining non-ex-officio Board members can receive a nominal fixed payment from the General Fund pursuant t approval by the membership. The amount shall be recommended by the Board to th ership and approved by the membership at their annual Association meeting. 7.1 Voting. Each active member or II'm- allowed) at the meeting shall be entitled to one vote. A shall be conducted by a voice vote. If a majority cannot in charge of the vote shall ask for a sbo ands or for majority of the quorum, not majority of 0111SIbUd mei 7.2 Trustee Terms will be two Trustees electe The term of each avvo" n qualified, shall be elected to :prescmea ]r p1my is ys specified pCor to the vote, ed by voice vote, the officer fot. All voting "majority" is membership. "'red three-year terms. There `nniial meeting of the Association. iI the person's successor is i position on the Board of Trustees shall be voted on 09nce at the annual meeting. No nominations of slates of allowed. A simple majority of those present at the Ding Article 4.4 to the contrary, voting by proxy will not with or without cause by a simple majority vote of the annual, regular or special meeting. The offices of President, Vice President, Secretary, and Treasurer 7.5 Voting on Officers. Officers shall be elected by the Board of Trustees. Voting for officer positions by the Board of Trustees will take place at the first Association Board Meeting following the Annual Meeting. Each position will be nominated and elected separately at this meeting. A simple majority is needed for an officer to be elected. An officer may be removed with or without cause by a simple majority vote of the Trustees in any subsequent annual, regular or special meeting. DB105_V 1.3.1 No individual may hold more than one officer position at one time. 7.6 Vacancies. In the case of death, resignation or removal from office for any officer or Trustee of the Association, the vacancy shall be filled by the Board of Trustees from the membership at a board meeting to be duly called for the purpose of filling out this term. ARTICLE VIII MEETINGS 8.1 Annual Meeting. The annual meeting of the mem shall be held on the first Monday of April of each year except that if that day is a holid. eeting shall be held on the next succeeding Monday. The place of the meeting shall desi and may be changed from time to time by the Board of Trustees. 8.2 Regular Meeting. The members sh�Wiave no legular 8.3 Special Meetings of the Members. Spe Fntb Qf the member may be called at any time upon the written order of the President er member of the Board of Trustees or six voting members of the oc. ti in. The ple meeting shall be designated and may be changed from time to time b and of Trust8.4 Nolice of Meetin s of tine M bers. e meeting of the members, including the annual meeting and any special ee' ed and sent or delivered to each voting member at to ), but not rn an sixty )days, before the meeting, excluding the date of t eeti uch notice s 11 set forth the date, time, place, and in case of a special meeting, t ose. 8.5 Re ulaCMe ebngs of the Board of Trustees shall be held at least fou 4of the of Trustees shall be held at the Stillwater Fire Station ss noticethe e within the City as designated by the Board. Special Me s of th oard of Trustees. Special meetings of the Board of Trustees m called at an e u on the written order of the President and one other member of the Board stees. Th lace of the meeting shall be held at the Stillwater Fire Station unless noticed fo therpl within the City as designated by the Board. 8.7 Notice eetin s of the Board of Trustee A schedule of the regular meetings of the Board of Trust s shall be kept on file at the Association offices. If the Board of Trustees decides to hold a regular meeting at a time or place different from the time or place stated in its schedule of regular meetings, including any special meeting, a notice shall be posted and sent or delivered by the Secretary to each Trustee at least five (5), but not more than sixty (60) days, before the meeting, excluding the date of the meeting. Such notice shall set forth the date, time, place, and in case of a special meeting, the purpose. 8.8 Order of Business. At the annual, regular and all special meetings, the order of business shall be as follows: D13105 v1,3.1 6 (a) Calling to order by the President (b) Roll call (verify quorum) (c) Secretary's Report (reading of previous minutes) (d) Treasurer's Report (c) Report of the Board (member meeting) (d) Report of other committees (board or member meeting) (e) Old Business (f) New Business (g) Adjournment 8.9 Quorum. A majority of the Board of Trustees n in a and 40 percent of the active members of the Association shall constitute a quoruyl the tra on of business at their respective meetings. 8.10 Open Meeting Law. The associati ovemc by Minn. Stat. which requires that all meetings of the Association be o en pub it rare except s. All notices provided for in this Article shall comply with § 1 D.04 which equires at a minimum that: (a) a schedule of regular meets t on file at iation offices, and (b) for special meetings, a notice •11 bep h oar of the meeting room if the AssociaJjj&&s no regular i • "? g loca d no bulletin board in which to alert the ONSIBILITY Board o tees. m ber of the Board of Directors, also acts as a trustee of t ] fund. The of Di rs therefore also acts as the Board of Trustees. The Board of ees is charge 'th ad nistering retirement and ancillary benefits under the Special Furs are fiducia subject to the standard of care set forth in Minnesota Statutes Section 356A. 9.2 Prohi ransactions_ No fiduciary of the Association shall cause the Association to engage*ffa transaction if the fiduciary knows or should know that a transaction constitutes one of the following direct or indirect transactions: (a) sale or exchange or leasing of any real property between the Association and a board member; (b) lending of money or other extension of credit between the Association and a board member or member of the Association; DB 105_ V 1.3.1 7 (c) furnishing of goods, services, or facilities between the Association and a board member; or (d) transfer to a board member, or use by or for the benefit of a board member, of any assets of the Association. Transfer of assets does not mean the payment of Association benefits or administrative expenses permitted by law. 9.3 Nonfiduciary Actions. Although each member of the board of directors of the nonprofit corporation through which the Association is organized is a trustee, the board of directors may make routine business and management decisions w Ot be g subject to the standard of care that applies to fiduciaries under Minnesota Sta ction 356A.04. These decisions include, but are not limited to, business decisions r in -raising activities, disposition and management of the General Fund, merger s olutio e Association and, subject to approvals that may be required from the met . . 'p • d Muni y, whether to establish, amend, or terminate benefits offered throu ie Association. Me of the board of directors..sliall at all times discharge their dutie od fait in a manner th nably believes to be in the best interests of the flssocia ton, with are an ordinari - prudent person in a like position would exercise under similar ct nces. 10.1 Funds. All funds, the General Fun accordance with Mi t fines, i. upon a suited of Zh other money wIfl separate account only for the Poll❑ sSOO lshall be kept in two separate ;erne;ernerA from the funds shall be in Bylaws of the Association. ceived.g1this Association from: dues, donations, pt in the General Fund and may be disbursed of t e Board of Trustees for any purpose reasonably ation and its members. All expenses shall be paid out authorized to be disbursed from the Special Fund. 111 funds received by this Association from any tax sources and ctly donated or transferred to said funds, shall be kept in a of the Treasurer known as the Special Fund and shall be disbursed (a) Payment of members' service pension benefits in accordance with these bylaws. (b) Payment of ancillary benefits in accordance with these Bylaws. (c) All administrative expenses authorized under Minn. Stat. Sect. 69.80. 10.4 Deposits. All money belonging to this Association shall be deposited to the credit of the Association in such banks, trust companies, or other depositories as the Board of Trustee DB105 V1.3-1 8 may designate. Board of Trustees shall make deposits in conformance with Minnesota Statutes, the Bylaws and the investment policy. ARTICLE XI APPENDICES INCORPORATED IN BYLAWS The following appendices attached hereto are expressly incorporated herein as a component of these Bylaws, with the same legal force and effect of Bylaws. AL Appendix A: Bylaw Amendment History. Appendix B: Stillwater Firefighters Relief Associ Retirement Plan. Benefit Levels. 12.1 Amen(. Articles of Incorpoo majority of the active the proposed amendtr be consider of IncorpVtion by ]Members. Amendments to the wed by a on y of the Board of Trustees and by a imendmertt i itiated by the directors, proper notice of T the members at which the amendment will scan he proposed amendment. If an amendment is meeting of the Board of Trustees within 60 days for kw a regular meeting of the Board would not occur When authorizeNb bers, the Articles of Incorporation may be amended by the Board of Trusteative vote of a majority of the Trustees then in office, at a meeting for whif the meeting and the proposed amendment have been given. The members may py revoke the authority of the Board to exercise the power of the members to amend the Articles, DB 105_ V 1.3.1 9 12.3 Amendment of Bylaws. The Bylaws of the Association may be amended at any regular or special meeting by a vote of two-thirds of the active members present and voting, provided that a quorum is present; and provided further that notice of any proposed amendment or amendments shall be given by posting or reading the same at a regular or special meeting not more than thirty-one (31) days preceding that upon which such amendment or amendments are to be acted upon, and that a notice is mailed to each member at last known address not less than ten (l 0) days prior to such mailing. 12.4 Ratification of Amendments by Municipality. bylaws to increase benefits, it may be necessary to obtain rat. Municipality as described in Section 8.1, Article XIII, of Apl ion amends its by the DB 105_V 1.3.1 10 \I1\\E:S0TA YI KI-TIGHTER -_ PENSIC N -ONSULLIVN -S Relief Association Membership An application for membership must be completed on the form provided for the purpose of becoming eligible for benefits in the Relief Association (RA). All Active Members of the Fire Department are members of the RA. Upon approval of the member's application, such member will accrue service credit for all active service while in probationary status. Voting Rights Each Active Member will be entitled to one vote on any matter voted upon by the membership. Eligibility for Retirement Benefits To be eligible to receive a retirement benefit you must be: • At least 50 years old • Retired or terminated from the Fire Department Full or partially Vested • Have been in good standing with the RA at least five years prior to retirement. You must submit a retirement benefit request form at le ?0 days prior to the date of requested payout, unless permitted earlier by the Board. Active Service Active Service means active service as the Fire Department, as stated in its policies proce except that you will not receive credit for Servicjt� e eligible for Plan benefits when vo ar (i) an active member of another firel association, as de sc RA. A Year of Active`SeXpof or the p ses of calculating benefits, full mon fAceService withthe FireService p ions will be prorated monthly forrs of Acti Service. Break in Service A Break in Service means the mont Ilp'50en you are not performing the minimum Active Sergi ee requirements defined by the Fire Department, as stated in its policies and procedures. You will not accrue service credit for each month of the Break in Service. A Break in Service does not include a military service leave described in the Plan. Your Years of Active Service will be reduced by a qualifying Break in Service. 1 dVhen you return from a Break in Service you must remain in Active Service for as long as the Break in Service up to a SUMMARY PLAN DESCRIPTION STILLWATER FIREFIGHTERS RELIEF ASSOCATION DEFINED BENEFIT LUM SUM RETIREMENT PLAN maximum of 3 years in order to qualify for benefit increases implemented during the Break in Service. If you have not met this requirement by retirement, your benefit level will remain at the level it was when the Break in Service began. Military Service If you are absent from firefighting service due to service in the uniformed services, as defined in the Uniformed Services Employment and Reemployment Rights Act, you will be granted Active Sere' credit for up to five years. See the Plan for restrictin �ility and participation requirements during and felt g your leave of absence. Eligibili r M ''lity Benefits Vesting ou will hV ested and nonforfeitable interest in ccruupon completion of 20 Years of Active You li le for di benefits when you cannot perf r ire#fighter by reason of a medically rminable physical or p ogicai impairment, which be exted to last for s period of not less twelve the or result in .Disability includes b . a#y causes. Board in its sole discretion will e your disability, If you harfewer than 20 Years of Active Service, you will not have a partially vested interest for a period of 5 years if you joined the Association before August 1, 2001 and for a iod of 10 years if you joined the Association on or after ugust 1, 2001: Years of Active Service Vested Percentaae 5 but less than 6 40% 6 but less than 7 44% 7 but less than 8 48% 8 but less than 9 52% 9 but less than 10 �10 56%0 but less than 11 _ 60% 11 but less than 12 64% 12 but less than 13 68% 13 but less than 14 72% 14 but less than 15 76% 15 but less than 16 80% 16 but less than 17 84% 17 but less than 18 88% 18 but less than 19 92% 19 but less than 20 96% 20 or more 100% Retirement Benefit Level per Year of Service Effective Date: January 1, 2006 = $4,200 DB SPD 1.7_06_02_08 Page 1 \tI\\ESOTA 1 I R I .l'1<;1iTt,11: P1:\SION C ONSUIITA-1\Ts Retirement Benefit Calculation Normal Retirement Ben If you have 20 or more Years of Service, the Normal Retirement Benefit is determined by multiplying your Years of Active Service by the benefit level in effect at your retirement. Deferred Pension Benefit Under the Plan's vesting terms, if you have fewer than 20 Years of Active Service the Deferred Pension Benefit is determined by multiplying your Years of Active Service by the Retirement Benefit Level in effect at your retirement or termination and by your Vesting percentage. The Board will not add interest or otherwise adjust your unpaid Deferred Pension Benefit amount. - Disability Benefit Level per Year of Service Effective Date: January 1, 2006 = $0 Disability Benefit Calculation If you become disabled while engaged in Active Service may be eligible for a Disability Pension instead of retirem Disability Pensions are determined by multiplying your Yes of Active Service by the Disability Benefit Level in effect when you become disabled and paid to you under age 50. Breaks in Service do not apply to Survivor Benefit Calcu If you die while engaged in Active S may be eligible multiplying your in effect at your If you die before Service your sui equivalent to five level SUMMARY PLAN DESCRIPTION STILLWATER FIREFIGHTERS RELIEF ASSOCATION DEFINED BENEFIT LUM SUM RETIREMENT PL! Beneficiary Upon your death, your Surviving Spouse; if no Surviving Spouse, your surviving children; and if no Surviving Spouse or surviving children, your Designated Beneficiary(ies) will receive a lump sum payment of the your Accrued Benefit, whether vested or not as of the date of the your death, in the form of a lump sum payment. Such payment will be paid to your Beneficiary as soon as administratively feasible following your death. To designate a ici you must complete, sign and file with the RA a nation of Beneficiary on a form to be provided b r by other written form acceptable to the RA. The efici ust be a natural person, and must be paid a $ which a payable on account of your dei ay Chang designation of Beneficiary from I Benefit Yo igibN for a supplerfTental benefit equal to grea taMen percent of the lump sum benefit or $1,000. Forms of Pffle to you will be made in single lump sum Fist specify that the payment be made in: payment payable to you, subject to federal tax withholding, as may be required; or • a direct rollover to an individual retirement account described in Section 408(a) of the Code. Other Information This summary includes a brief description of your pension plan. If you would like further information, please request a complete copy of the RA bylaws and associated retirement plan appendices from the Board. If there are any discrepancies between this summary and the plan document, the RA bylaws will govern. DB SPD 1.7 06 02_08 Page 2 1lI NESO'I-A l° IREFIGHTER PENSION CONS7✓LT111TS APPENDIX A Bylaw Amendment History For a complete summary of the amendments and, if applicable, the Board's rationale and purpose for the change, refer to the Board of Trustee meeting minutes listed with the effective date of the applicable amendment listed hereunder. A Effective Date Meeting Minutes Summary of Change January 1, 2006 December 12, 2005 (Board of Trustees) Reslatemer d Appendices in their In April 3, 2006 (Membership) entirety as rt ofsu to the MNFPC Bylaw (Municipality) solut, "' 1 t provide liant documents, ad a forms and p trustee ort. L 7 DB]05_V].1.1 A-1 0 2005 Minnesota Firefighter Pension Consultants, LLC N.T N N E S OTA FI14E IGHTER Pl,,, SION CONSULT.1N7'S APPENDIX C — Benefit Levels Effective Date Benefit Level Per Disability Level Per Interest Rate for Year of Active Year of Active Deferred Pension Service Service Benefit January 1, 2006 $4,200 Date Approved U Municipality $0 0% August 6, 2005 DB 105 V l .l .] C-] © 2005 Minnesota Firefighter Pension Consultants, LLC 'MINNESOTA l i 11FFIGNTLK PENSIO1 CONSLL:I ANTS Effective Date January 1, 2005 January 1, 2006 APPENDIX C — Benefit Levels Benefit Level Per Disobili.ly Level Per Interest Rate for Year of Active Year of Active Deferred Pension Service Service Benefit $3,850 $3,850 0% $4,200 $4,200 0% $4,500 $4,500 Date Approved by Mun icipal itY DB105_V 1.1.1 C-1 0 2005 Minnesota Firefighter Pension Consultants, LLC 1, I RI :FIGHTFIR PENSION C0NSLLTA NTS APPENDIX A Bylaw Amendment History For a complete summary of the amendments and, if applicable, the Board's rationale and purpose for the change, refer to the Board of Trustee meeting minutes listed with the effective date of the applicable amendment listed hereunder. AL Effective Date Meeting Minutes Summary of Change January 1, 2006 December 12, 2005 (Board of Trustees) Reslatemel 3 :tld Appendices in their May 2, 2006 (Membership) to the MNFPC Bylaw entirety a rl of su nXp 2006 (Municipality) Solu► "' t 1 provocuments, ad s e forms, and trustee ort. �,a DB105_V].].1 A-] 0 2005 Minnesota Firefighter Pension Consultants, LLC RESTATED ARTICLES OF INCORPORATION OF STILLWATER FIREFIGHTERS RELIEF ASSOCIATION Pursuant to Minnesota Statutes Chapter 317A, the following Incorporation have been properly adopted by the Board of Directo Members of the Association to supersede the original Articles o amendments thereto. The name "Association"). 1. The Association is organized purposes within the meani ee"on 501 amended (the "Code"), ular to r the support and relict is mem and de assistance in case o o or sic ss or d as the bylaws and laws o to E to raise, rece' nd a ter a privates s, s pal ernbei and dispose the Association powers granted bye Minnesota Statutes (the d sh a Exclusively for social welfare the In Revenue Code of 1986, as lie the burde of government by providing for ,nd s with retirement benefits and other financial .abili d to pay such pensions and death benefits ota prescribe. The Association is authorized ing into its hands from governmental or and their dependents shall be funded primarily may Aceive gifts, devises, and bequests and hold, administer, ltwely for the accomplishment of the charitable purposes for which C Association in carrying out its purposes shall have all the ration formed under the Minnesota Nonprofit Corporation Act, 317A, and laws amendatory thereof and supplementary thereto. :3. Notwithstanding any provision herein, the Association shall not carry on any activities not permitted to be carried on by a corporation exempt from federal income tax under Sections 501(c) of the Code. DB 105_V 1.0.0 0 2005 Minnesota Firefighter Fiduciaries, LLC 4. No substantial part of the activities of the Association shall consist of carrying on propaganda or otherwise attempting to influence legislation or participating in or intervening in (including the publication or distribution of statements) any political campaign on behalf of (or in opposition to) any candidate for public office. The assets of the Association shall at all times be dedicated to the exempt purpose of the Association. The Association shall not permit monetary gain, directors, members, officers, or other private persons. P Association shall inure to the benefit of any director oA shall be authorized and empowered to pay reasonanala make payments and distributions in furtherance QfTM The registered agent and office of rwise, to accrue to its ngs of the h Association 'sic de d and to Arlic ereof. 1 innesota shall be: established by the Bylaws of this Association. The ma ent of t business of the Association shall be vested in a board of directors which shall be the jLas hoard of trustees elected by the members and those trustees who qualify as ex-officio s. The number, qualifications, term of office, method of election, powers, authorities, a uties of the directors, the time and place of their meetings, and such other provisions with respect to them as are not inconsistent with the express provisions of these Articles of Incorporation shall be as specified in the Bylaws of the Association. ARTICLE VII NO PERSONAL LIABILITY; INDEMNIFICATION The directors and officers of the Association shall not be personally liable for the acts, debts, liabilities, or obligations of the Association to any extent whatsoever; nor shall any of the DB 105_V 1.0.0 property of the directors or officers of the Association be subject to the payment of any debts or obligations of the Association. The Association shall indemnify persons to the extent required by the Minnesota Nonprofit Corporation Act, and shall have the power otherwise to indemnify persons for such expenses and liabilities, in such manner, under such circumstances, and to such extent as permitted by applicable law. The board of trustees of the Association retains the discretion to indemnify its members for breach of fiduciary duty. ARTICLE VIII AMENDMENT The power to adopt, amend or repeal the Bylaws or A . is. Association, and to establish procedures with respect to the adoption, amendr.r repe eof, is vested in the membership. ARTI DISSO. 1. Upon dissolution of the corporation, due t ssolution of the fire department or for any other reason, its remaining as %�� l be distribu accordance with Minn. Stat. 424B.20. 2. Upon dissolution, the board i records of the Association to the chief admi. board shall also notify 1hg1JJJJJJWioner of of the dissolution with 0 day he effe{ IN day DB 105_V 1.0.0 3 PftA,,soqJWion shall transfer the Fbaw applicable municipality. The the stat ditor, and the secretary of state of the issolution. Of hereunto subscribed his name this 12th Signature MINNESOTA F l Rl"FIGHTE , PENSION C%ONSU-I1-MVI'S DB 105 APPENDIX D — [This page intentionally left blank.] ©2006 Minnesota Firefighter Pension Consultants, LLC. All rights reserved. 131 INIINNESOTA FIREFIGHTER PENSION GONSUI;I:J NTS DB]05_V 1.7.1 © 2005 Minnesota Firefighter Pension Consultants, LLC TABLE OF CONTENTS Page ARTICLE I NAMES, PURPOSE AND OTHER GENERAL INFORMATION ........................................ I 1.1 Name of Municipality................................................................................-.---•-- 1 1.2 Name of Fire Department.............................................................. ........ 1 1.3 Name of Relief Association.................................................................................... 1 1.4 Federal Taxpayer Identification Number .................. ........... 1 1.5 Name of Plan.............................................................. ............................ 1 1.6 Original Effective Date of Plan ..................................................................... 1 1.7 Purpose.............................................................. ........................---..........I ARTICLE 11 DEFINITIONS AND INTERPRETATION...................................................1 2.1 General Definitions.................... ............... ..... ............. ....... :... :................ 1 2.2 Interpretation ........................................ .- ............. ............... ....................... 3 A RTIC-LE-III-WS .T1NG...........:.:..:::::: ............... ......... ..................... ..............4 3.1 Full Vesting of Accrued Benefit......... ........ ........................ .................. 4 3.2 Partial Vesting of Accrued Benefit.......... .......... ....................................... 4 3.3 Determining Years of Active Service for ........ .................,...................— 4 3.4 Forfeiture of Accrued Be .................................................... ............. —, 4 ARTICLE IV RETIREMENT BENEFITS...... ...................... ............ :................................ 5 4.1 Eligibility For Normal Reti ent .............. ............................................ 5 4.2 Amount of Normal Retiremen en .... ................................................ 5 4.3 Deferred P enelit.......... .....---........................................................... 6 4.4 Disabili ens ..............................................................................---.....6 4.5 Sup p tat Ben.................... ......... ............... ........................................ ...... 7 4.6 Forms o lent. ................... .....--••--•---..... ......... ................................ 7 4.7 Repayment - ribu .............................................. --- ................ 8 4.8 Bene d Desl f Beneficiary ................................................... 8 4 Max imit n Benefits........................................................................... 8 0 Require buti .................................................................................... 8 Abandoneefits..........................................................................................9 ARTICLEALS PRO URE.......................................................................................................9 5.1 t of Appe........................................................................................................ 9 5.2 D of Be ts................................................................................................... 9 5.3 Revi dare ............................................................................. .................. 9 ARTICLE VI CLAIMS AINST BENEFICIAL INTEREST................................................................ 10 6.1 Nonassignability ............................•----•................................................................. 10 6.2 Charge for Litigation .............................. .......... ............. ....................................... 10 6.3 Domestic Relations Orders ............................... ---.•-.............................................. I0 ARTICLE VII MILITARY SERVICE AND LEAVE OF ABSENCE ......................................................11 7.1 Military Service........................................................................I........................... 11 7.2 Participation During Leave of Absence................................................................ 12 DB 105 V 1.7.1 1 0 2005 Minnesota Firefighter Pension Consultants, LLC ARTICLE VIII RIGHT TO AMEND, DISCONTINUE OR TERMINATE.............................................12 8.1 Amendment............................................................................................................ 12 8.2 Consolidation and Plan Benefits........................................................................... 13 8.3 Termination of Plan...............................................................................:............... 13 ARTICLE IX MISCELLANEOUS ...... ............................................... .............................. "—.......... i".--- .... 13 9.1 Governing Law.............................................................,....................................... 13 9.2 Binding Effect ................................ .......................... ............................ 13 9.3 Authority of Board of Trustees................................,............................. 13 DB105_V 1.7.1 1i 0 2005 Minnesota Firefighter Pension Consultants, LLC STILLWATER FIREFIGHTERS RELIEF ASSOCIATION DEFINED BENEFIT LUMP SUM RETIREMENT PLAN BY THIS INSTRUMENT, effective as of January 1, 2006, the Board of Trustees of the Relief Association amends and restates its existing defined benefit pension plan for the benefit of its eligible members. ARTICLE I NAM FS, PURPOSE AND OTHER GENERAI 1.1 Name of Municipality_ City of Stillwater 1.2 Name of Fire Department: Stillwater Fire De -1.3 Narne of Relief Association: Sili1lwater F Address: 216 North Fourth Street, Stillwater, 1.4 1.5 Name of Plan: Stillwater Firefight Retirement Plan 1.6 Original EffectiveNiDanand : April 1.7 Purpose. oan is to the Relief Association ' their 41-60 3 S sociation Association Benefit Lump Sum retirement benefits to eligible members of 11 .. ..- ARTICLE II TATION 2.1 GMEW Definitions. e follAiving words and phrases when used herein shall have the following m s except a, lierwise required by the context: (a) "A d B efit" of a Participant shall mean the benefit determined under the terms lan, as of a specified date. (b) "Active Service" shall mean active service as defined by the Fire Department, as stated in its policies and procedures, except that Participants shall not receive credit for Active Service nor be eligible for Plan benefits for periods during which the Participant is: (1) an active member of another firefighters' relief association, as set forth in written policy(ies) of the Relief Association. 1313105V1.7 1 B-1 (D 2005 Minnesota Firefighter Pension Consultants, LLC (c) "Alternate Payee" shall mean a spouse or former spouse of a Participant who is recognized by a Domestic Relations Order as having a right to receive all, or a portion of, a Participant's Beneficial Interest under the Plan, pursuant to Minn. Stat. 515.58, Subd. 4. (d) "Beneficial Interest" shall mean the amount of a Participant's Accrued Benefit that is distributable to the Participant or the Participant's Beneficiary in accordance with the terms of the Plan. (e) "Beneficiary" shall mean any person entitled to recei fits which may be payable upon or after a Participant's death. (f) "Board of Trustees" or "Board" shall mean It Boa stees of the Relief Association. � (g) "Break in Service" shall mean a per ofmonth(s) during e Participant does not perform the minimum A clrvice r uirements as d y the Fire Department, as stated in its policies an ced articipants s not accrue service credit for each month of the perio Break in Service. A Break in Service does not include military service escribed in Section 7.1. A Participant's Years ofAct rvice shall be r d by a qualifying Break in Service. A Participant returning from a reak m remain in Active Service for a period of f ual in time t reak it ice a to a maximum of 3 years, in order increases i he benefit vel implemented during the Break in Se If the ipant has n met this requirement at the time of reti a Part ant's benefit shall be the benefit level in effect at the time the B. n ommenc the duly aMopted bylaws of the Relief Association. "Code" slliean trnal Revenue Code of 1986, and amendments thereto. (j) inability" Disabled" shall mean the inability of a Participant to engage in erfor/ility of his or her duties by reason of a medically determinable p 1 ological impairment, which can be expected to last for a conti d of not less than twelve months or can be expected to result in death. shall be applicable to non line -of -duty causes. A Participant's Disabi shall be determined by the Board in its sole discretion. (k) "Disability Pension" shall mean the Participant's Disability benefit under Section 4.4. (1) "Domestic Relations Order" shall mean any judgment, decree or order (including approval of a property settlement agreement) that complies with the provisions of Minn. Stat. §§ 518.58 or 518.581, DB 105_V I.7.1 B-2 © 2005 Minnesota Firefighter Pension Consultants, LLC (III) "Entr, Date" shall mean the date of hire. as defined in the Tire De1�a1[ntent policies and procedures. (n) "Normal Retirement Pension" shall mean a Participant's fully vested retirement benefit under Section 4.1. (o) "Participant" shall mean a member of the Relief Association who accrues benefits under the Plan. (p) "Plan Year" shall mean the 12 consecutive months e n December 31 of each year. (q) "Qualification Procedures" shall mean writt roc adopted by the Board of Trustees to: (i) determine whether a Domestic law and the terms of the PIan:; (ii) to administer distributions under (r) The procedures shall be i domestic relations order b permit an Alternate Payee tt notices sent to the Alternate Order. (s) Da tons Order may be h d under the su within unable time after receipt of a of Trustee alif3cation Procedures must representaor receipt of copies of t to a ualified Domestic Relations rement or (t) "S ecial Fu established pursuant to Minn. Stat. 424A.05 nd b under n and for other purposes permitted by statute. The a the 1 Fund shall be invested only in securities authorized by Minn. Sta 775. (u} "Surviving se" all mean any person who was the dependent spouse of a eased acti ember or retired former member, living with the member at the ti the de of the active member or retired former member, for at least one yea a date on which the member ceased Active Service and (v) "Year of Active Service" shall mean, for the purposes of calculating the minimum funding requirements and computing benefits or service pensions payable, a period of 12 full months of Active Service with the Fire Department. Service pensions will be prorated monthly for fractional Years of Active Service pursuant to Minn. Stat. 424A.02, Subd. 1. 2.2 Interpretatian. The words defined in this Article 2 shall have the meanings assigned to them except where specified otherwise in this instrument. Whenever appropriate, words used D13105 V 1.7.1 B-3 0 2005 Minnesota Firefighter Pension Consultants, LLC herein in the singular shall include the plural, the plural may be read as the singular, and the masculine shall include the feminine. ARTICLE III VESTING 3.1 Full Vesting ol'Accrued Benefit. A Participant shall have a fully vested and nonforfeitable interest in the Participant's Accrued Benefit upon comp] ion of 20 Years of Active Service. 3.2 Partial Vesting of Accrued Benefit. A five-year ves Participant with fewer than 20 Years of Active Service and \u ,,ust 1, 2001. A ten-year vesting schedule shall apply t Years of Active Service and who joined the Association 3.3 Determi n taken into account Years of Active St Years of Active Service 5 but less than 6 6 but less than 71 7 but less than 8 8 but less than 9 9 but less than 10 10 but less than 11 113AM111khan 12 shall apply to a Association before fewer than 20 Rctive Service for Vesting. All Years of Active Service shall be .s of determining a Participant's vested Accrued Benefit, including the Fire Department prior to the Effective Date. 3.4 Forfeiture of Accrued Benefit. In the event a Participant with an Accrued Benefit that is 0% vested (a) ceases Active Service with the Fire Department, and (b) is not eligible for a Deferred Pension Benefit or Disability Pension, the Participant will be deemed to have received a distribution of the Participant's entire Accrued Benefit and shall immediately forfeit the Accrued Benefit. DB 105_V 1.7.1 B-4 0 2005 Minnesota Firefighter Pension Consultants, LLC ARTICLE IV RETIREMENT BENEFITS 4.1 Elipibility For Normal Retirement Benefit. To be eligible to receive a Normal Retirement Benefit a Participant must satisfy each of the following requirements: (a) Be at least 50 years of age; (b) Have ceased Active Service with the Fire Department ("rlti (c) Have completed 20 Years of Active Service with th a De�artinent ("vested"); and (d) Have been a member in good standing of t 1 'ef Ass on at least 5 years prior to retirement. A P-arti4ant who intends to retire and request PI efits m t file a Notice k to :Retire and BQnciit Payment Request ap2plication. Such oti Ii be riting and file th the Relief Association not less than 90 days prior to the da este distributio , unless permitted earlier by the Board. A Notice of Intent to Retire Benefit Pa meat Request pl'cat'oii for Plan benefits shall be co d a valid notic tent to retire when approved by the Board. Upon approval, the Relief n shall prove ecial Tax Notice Re gardinlr Plan Pa ments or any other noti cipant as iced by state or federal law with respect to pension or benefit paym s. 4.2 Amount of No ent Benefit. a Normal etirement Benefit of a Participant with 20 or more Year Active ice shall be termined as follows_ Years of Ach e ti lieBenefit level in effect for cre ' d to Part d Participant The be. level is s in A ix C. The benefit level in effect for a Participant will, abse eak in Servic , he be el in effect at the Participant's retirement. However, if the Pa ant had a Bre Servi , the benefit level in effect for the Participant shall be determine scribed in t efinition of Break in Service. Benefit levels ar 'ect to ' rease as approved by the City Council of the Municipality as submitted for appro a Board of Trustees and shall be effective as of the agreed upon effective date, provide at such increase shall not apply to any Participant who ceased Active Service before the effLOEtive date of the increase. DB 105_V 1.7.1 B-5 0 2005 Minnesota Firefighter Pension Consultants, LLC 4.3 Deferred Pension Benefit. If so provided in Section 3.2, a Participant whose Active Service with the Fire Department ends before completing 20 Years of Active Service will be eligible for a Deferred Pension Benefit if the Participant completed at least 5 Years of Active Service with the Fire Department before retirement and was a member in good standing of the Relief Association at least 5 years prior to such retirement. A Participant's Deferred Pension Benefit shall be determined as follows: Years of Active multiplied Benefit level in effect multiplied Vesting percentage Service credited to by for Participant bfor completed Years Participant of Active Service The benefit level is set forth in Appendix C. The benefit level irlwr a Participant will, absent a Break in Service, be the benefit level in effect at the rticip etirement. However, if the Participant had a Break in Service, the benefit love f l for th icipant shall be determined as described in the definition of Break in -cc. Such Deferred Pension Benefit shall be payable Partic nt completes a Notice of Intent to Retire and Benefit Payment Request applieatr r tat the time the Participant's retirement or, if later, when the Participant s age 50. The Board of Trustees shall not add inte therwise adjus rtici ant's unpaid Deferred Pension Benefit amount. 4.4 Disability Pension. A Participant wh ec s hile engaged in Active Service may be eligible f ilityPensio ' ieu ofret ent. A Participant's Disability Pension shall be dete d as ws: Years o Ac ervi multiplie Benefit level in effect when credited to Pa b Participant becomes Disabled For purp of a Pen the Break in Service rules shall not apply. Thee eve] is set fa AP en C. Such dollar amount is subject to increase as approved City Coune the unicipality as submitted for approval by the Board of Trustees and be effecti s of the agreed upon effective date, provided that such increase shall not apply Partici t who ceased Active Service before the effective date of the increase. If (i) the Disability P ion benefit level set forth in Appendix C is less than the benefit level for a Normal Retirement Pension, and (ii) a Participant who becomes Disabled while engaged in Active Service has completed 20 Years of Active when the Disability occurs, then the benefit level for such Participant shall be the benefit level for a Normal Retirement Pension, and not the Disability Pension benefit level. Any Disability Pension paid in accordance with this Section 4.4 shall be in lieu of all rights to further service pension and survivors benefits. DB 105 V 1.7.1 B-6 0 2005 Minnesota Firefighter Pension Consultants, LLC The Participant shall be eligible to receive the Disability Pension upon approval of the Board of Trustees. A written report of a physician of the Participant's choice shall be required for payment of a Disability Pension. The report shall set forth the diagnosis and prognosis of the Disability, disease or injury of the Participant and its probable duration of permanence. A Participant's statement as to pain or other symptoms will not alone be conclusive evidence of Disability. A Disability Benefits application shall be submitted within six months after such Participant has ceased Active Service with the Fire Department to request a Disability Pension. Written application shall be made to the Board of Trustees setting out the natur d cause of such Disability. The application shall be under oath by the Participant or mediate family. The application shall be tabled until the next Board meeting so t hysician of the Participant's choice may examine the Participant. The Board has the discretion to request that another doctor, selected by the Board of Trustee amin articipant. Final determination of Disability will be based on the reports g 1 one do nd by a 2/3 majority of the entire Board of Trustees at the If the Participant who applied for a Disability Pt the Participant may, within sixty (60) days from file a written appeal of the Board of Trustees' dt procedures described in Article V. %1h, 4.5 Supplemental Benefit. Upon pa ym 1tM must pay a supplemental benefit to the recig t. p Special Fund. The amount of the supplement be it e distribution, but in no ca amount of upplt; 4.6 Forms of P Plan b fits payable sum payment. The Partic sh cify that the (a) ytne able tv rticipant, subject to federal income tax with h as m required; or meeting. th the Board's rminatioi of the Boar of Trustees, ant to the Plan's appeal sum dish�nI the Relief Association men enefit may be aid from the percent of the lump sum me benefit exceed $1,000. rticipan# shall be made in single lump en# be made in the manner of a direct roll to an i�fvidual retirement account described in Section 408(a) of the Code. DB 105 V 1.7.1 13-7 0 2005 Minnesota Firefighter Pension Consultants, LLC 4.7 Re a ment of Lump Sum Distribution. For a Participant who (a) ceases Active Service with the Fire Department; (b) receives a lump sum distribution from the Plan of the Participant's vested Accrued Benefit; and (c) subsequently returns to Active Service, no additional service pension amount is payable to the Participant, no additional service is creditable to the Participant, and the Participant shall repay any previously received Accrued Benefit. 4.8 Survivor Benefit and Designation of Benefi! iLjM. If a Participant in Active Service dies, the Participant's Beneficiary shall receive a lump sum payment equal to 100% of the Participant's Accrued Benefit. Such payment will be paid to the Partici nt's Beneficiary as soon as administratively feasible following the Participant's death andjof the Survivor Benefit Payment Request application. The survivor benefit paid on behalf of a Participant in Activ rvice dies before having completed five years of Active Service shall be determin s i he Par t had completed five years of Active Service. A Participant's Beneficiary shall be as follows: (a) the Participant's Surviving Spouse; (b) if no Surviving Spouse, tl .cipant's surviv ren; (c) if no Surviving Spouse or sit 'vi n, the Pa tpant's designated Beneficiary or Beneficiaries. desi ary, the Participant shall complete, sfile with the fAssoc a designation of Beneficiary on a fo ded by the ief Assoc' #ion or by other written form accep to the fAssociatio On said form, the Participant shall designate a Be a whic ust be a natu rson, to whom shall be paid any sum which may • ount o e Participant's death (reserving, however, rticip a Po ge the designation of Beneficiary using the a ene Designation form from time to time). If t ant has no ing S or surviving children and the Participant fails to validly d to a Bence I urs t to (c) above, then no survivor benefit shall be paid on behalf of th cipant and Participant's Accrued Benefit shall be forfeited and will be credited to the . 1 Fund. 4.9 Maximum Li n on Benefits. Notwithstanding any provision of the Plan to the contrary, a ParticipanZenefit under the Plan shall not exceed the maximum amount permitted under Section 4l S ofCode. Service pensions shall be further limited to the maximum amounts payable pursuant to Minn. Stat. 424A.02, Subd. 3. 4.10 I e aired Distributions. Notwithstanding any provision of the Plan to the contrary, a distribution to a Participant must be made or begin by the April 1 of the calendar year following the later of the calendar year in which the Participant attains age 70'/2 or ceases Active Service. Such distributions shall be determined and made in accordance with Section 401(a)(9) of the Code and regulations promulgated thereunder, including the minimum distribution incidental D13105_V 1.7.1 B-8 0 2005 Minnesota Firefighter Pension Consultants, LLC benefit requirement of Treasury Reg. Section 1.401(a)(9)-2, the provisions of which are incorporated herein by reference. 4.11 Abandoned Benefits. In the event the Relief Association is unable with reasonable effort to locate a Participant or Beneficiary entitled to a distribution under the Plan, the benefit distributable to such Participant or Beneficiary shall be forfeited and will be credited to the Special Fund. Such forfeiture shall occur no earlier than six (6) months after the Relief Association's efforts to locate such Participant or Beneficiary began or, if later, the earliest date permitted under Minn. Stat. 356.65. A If a Participant or Beneficiary whose benefit has been forfeited makes a claim, at any time, for the forfeited benefit, such forf unadjusted for any gains or losses occurring subsequent to th forfeited benefit amount exceeds $25 and the inactive or el member of the Relief Association, the forfeited amou ill b person. - ARTICLE 5.1 Right of Appeal. In the event the ancillary pension benefit, the Participant o "claimant") shall be entitled to the right to a ea 5.2 Denial of Benefits placation is application to the clai wit days, notin, meet. Thereafter, th ant sha a furnished Board, on the question ether a claimant n claimant shall indicate tha intent to ap "� day eceivin 5.3 notice of t The claimant special meeting engage the servi appeal. to this Section 4.11 nt shall be restored, kiarfeiture. If the Vember-d restored to Trustees derq 116 whose of becomes a `edit of the cation for a service or was denied (a lroved711Board shall return the A reqlairements the claimant does not the opportunity to be heard by the full 0 of the eligibility requirements. The by furnishing the Board with a written determination. cede on r the written intent to appeal, the Board of Trustees me - n chin 6 s or receipt of the written intent to appeal. Timely Yg shall b vent the claimant at least 15 days prior to the special meeting. have the r onable opportunity to be heard by the Board of Trustees at the eeard he negative determination. The Board reserves the right to trator or mediator, acceptable to both parties, at any time during the D13105_V 1.7.1 B-9 0 2005 Minnesota Firefighter Pension Consultants, LLC ARTICLE VI CLAIMS AGAINST BENEFICIAL INTEREST 6.1 Nonassignabilify. No Participant or Beneficiary shall have any transmissible interest in the Plan or in the Participant's separate Beneficial Interest therein, either before or after the vesting thereof, or in any of the assets comprising the same prior to actual payment and distribution thereof, and shall have no power to alienate, dispose of, pledge or encumber the same, while in the possession or control of the Plan, nor shall the Plan recognize any assignment thereof, either in whole or in part, nor shall the interest of any Part' c]pa or Beneficiary be subject to attachment, garnishment, execution or other legal process the hands of the Plan, except as provided in Minn. Stat. 518.6111 or as otherwise ided herein. 6.2 Charge for Litigation. In the event that any Participa through a Participant should commence any equitable o;uch Association, the result of which is adverse to the plain 'Association should find it necessary to commence any person claiming by or through a Participant, the cost to the Relief Association of defending or brieshall be charged, to the extent possible and permitted bParticipant and only the excess of such t over the am shall be included as an expense of adminQ_n, claiming by or ;ainst the Relief the event th Relief seeding again Participant or h is adverse to Pendant, ding, as the e may be, the Accrued Benefit of the Ike Participant's Accrued Benefit 6.3 Domestic Relations Orders. Notwit an rovisio the contrary herein, the Board of Trustees may assign the interest of art] rnto an Alternate Payee pursuant to a Domestic R Order. In th t the PI eives a Domestic Relations Order with respect to a tcl Beneficial erest in th Plan, the following provisions shall apply: (a) The Board a wri notification to the Participant and to the e Pay ecel estie relations order and of Plan Qualification ro The d shall then proceed with Qualification Procedures to determin ther is a Domestic Relations Order can be honored and shall notify artici and Alternate Payee (or the Alternate Payee's designated re entat e) of its determination. (b) ted fun hall be disposed of as follows: (i) IWg the period in which the Qualification Procedures are in progress, Board shall separately account for any amounts which would be payable to an Alternate Payee if the Domestic Relations Order can be honored. (]i) If it is determined the Domestic Relations Order can be honored within the 18-month period commencing on the date payments are to begin under the order, the Board shall pay the amounts designated in the order, including any interest, to the Alternate Payee. DB l05 V L7.1 B-10 0 2005 Minnesota Firefighter Pension Consultants, LLC (u0 If the Board determines that the Domestic Relations Order cannot be honored or if the l 8-month period described in (ii) above elapses and the qualification dispute has not been resolved, the Board shall pay the segregated amounts, together with earnings or losses, if required, to the persons who would have received the amounts if the order had not been issued. (iv) If an order is qualified after expiration of the l 8-month period described in (ii) above, payment of benefits to an Alternate P ee shall proceed prospectively and the Plan shall not be liable &&VffrNernate Payee for benefits attributable to the period prior to flcation. (c) The Board shall not obey a Domestic RelatiUin der ing that benefits be paid to an Alternate Payee before the Parti eligib eceive benefits under the Plan. If the Alternate Payee r olneslic Re Order cannot be located, the Board shall maintain parate ccounting.Of t in s that would have been paid to such Alt ayee. e Alternate Pa thereafter located, such amounts shall be reiliistat th >It of the Alte ate Payee. (d) Payment of benefits puts nt to a Domestic ons Order shall be made only as permitted under the Plan, t to an Alterrl ee may not commence until the Participant submits a va of Intent to nd Benefit Payment Request application and the id efit be es payable. (e) To the exte tted by ]aw cept as rwise provided under a Domest' e a rder, the B d may, on a uniform basis, charge the reaso and net. ary expenses sociated with the review of a domestic relat Otis and implemental) f a Domestic Relations Order to the accounts o A] t ate Payee. ARTICLE VII 7.1 MiliVundern t to restrictions stated in this section, a Participant who is absent from firefightiservice in the uniformed services, as defined in the Uniformed Services Gmplployment Rights Act ("USERRA"), will be granted Active Service credit the period of the uniformed service, not to exceed five years, unless a longed under USERRA. To be eligible for such credit, the Participant must return to firefighting service with coverage by the Relief Association (or by the successor to the Relief Association) upon discharge from service in the uniformed service within the time frame required in USERRA. However, Active Service credit is not authorized if the Participant separates from uniformed service with a dishonorable or bad conduct discharge or under other than honorable conditions. D13105 vl.7.l B-11 0 2005 Minnesota Firefighter Pension Consultants, LLC Active Service credit is not authorized if the Participant fails to provide notice to the Fire Department that the Participant is leaving to provide service in the uniformed service, unless it is not feasible to provide that notice due to the emergency nature of the situation. 7.2 Participation During Leave of Absence. If a Participant is on leave of absence with the consent of the Fire Department, or is on leave of absence because of military service as described I n Section 7.1, the individual shall remain a Participant during the period of such leave of absence. The definition of Break in Service shall determine whether such leave of absence constitutes a Break in Service. If such Participant does not return to Department within the period granted for such leave of absence, or, service, within the period provided for in Section 7.1, it shy Participant's Active Service terminated as of the date of ex such period as provided in Section 7.1, as the case may be. Participant occurs prior to expiration of the applicable pcjj 8.1 Amendment. Except as herein of right to amend this Plan at any time to an will be stated in an instrument in writing ex execution of such instrument, this Plan shall therein set forth, and Partihall be bc: If the Special Fund Subd. 3, clause (2), required to provide 69.773, no a ye Service with the Fire Nqse of military vely presumed that the ai leave of absence, or Le death of such efit, if any, shall Association shall have the Such amendment Upon adoption and amended in the manner plus over IN funding pursuant to Minn. Stat. 69.772, inn Stat. 69. , Subd. 4, and if the Municipality is %Qeciakn nd pursuant to Minn. Stat. 69.772 or of, the manner of payment of, or the pensions or ancillary benefits or disbursements other than it to Minn Stat. 69.80 payable from the Special Fund by the governing body or bodies of the Municipality. If the Munic is not req d to provide financial support to the Special Fund, the Relief Association maythpecial dment of the Plan which increases or otherwise affects the service pensions onefits payable from the Special Fund without municipal ratification so lonel do not cause the amount of the resulting increase in the accrued liability ound to exceed 90 percentof the amount of the prior surplus over full funding and the changes do not result in the financial requirements of the Special Fund exceeding the expected amount of the future fire state aid to be received by the Relief Association. The financial requirements are to be determined by the Board of Trustees following the preparation of an estimate of the expected increase in the accrued liability and annual accruing liability of the Relief Association attributable to the change. If the Relief Association adopts or amends the Plan without municipal ratification, and, subsequent to the amendment or adoption, DB 105 V 1.7.1 B-12 0 2005 Minnesota Firefighter Pension Consultants, LLC the financial requirements of the Special Fund are such so as to require financial support from the Municipality, the provision which was implemented without municipal ratification shall no longer be effective without municipal ratification, and any service pensions or ancillary benefits payable with respect to the unapproved increase shall no longer be effective as of the January 1 of the year for which the Schedules I and II for the municipal contribution became due, and as of that January 1, service pensions or ancillary benefits shall be paid only in accordance with provisions of the Plan as amended or adopted with municipal ratification. 8.2 Consolidation and Plan Benefits. The Relief Association has no een consolidated with another relief association pursuant to Minn. Stat. 424B.02. 8.3 Termination of Plan. Upon dissolution of the Relief A nonbenefit legal obligations of the Special Fund, the Board s1I the Special Fund, as securities or in cash, as applicable, t e Municipality (or, if applicable, to the chief financial o a population served by the Fire Department if the Fir epartml firefighting corporation). The Board shall also c sche service pension is or will be owed, any Beneficiary to 2 service pension or benefit payable based on the Bylaws a the date of the dissolution, and the date which the pensio under the Bylaws and state law. The Municipality receiving the remaining a is account in the municipal treasury to function a Beneficiaries eligible for efits. Upon which the service pens ar is payable, benefit due, based o chedul scribed aboi Association. The t st ust invested and after the settlement of Iran a remaining assets of of finXindep l of the e munh the largest was at n�)nprofit of ParticipantlWiom a t is owed, thoffimount of the law and the service rendered to lenefit would first be payable establish a separate s and their on or after the initial date on icipfl treasurer shall pay the pension or the other records of the dissolved Relief zed consistent with Minn. Stat. Section 69.775 and Chapter 356A. the l service pension or benefit due and owing, any remaini the tr nd ma sferred to the general fund of the municipality. If the Sp Fun unfit ctuarial accrued liability upon dissolution, the Municipality is Iiab r that unfund aria liability. ARTICLE IX MISCELLANEOUS 9.1 Governin L is Plan shall be construed, administered, and governed in all respects under the laws of the to of Minnesota, except as preempted by federal law. Any Minnesota laws applicable solely to the Relief Association are described in Appendix F. 9.2 Binding. This Plan shall be binding upon and inure to the benefit of the heirs, personal representatives, successors and assigns of any and all of the parties hereto. 9.3 Authority of Board of Trustees. The Board of Trustees shall have full power and authority to do each and every act and thing which it is specifically required or permitted to do DB 105_V 1.7.1 B-13 0 2005 Minnesota Firefighter Pension Consultants, LLC under the provisions of the Plan and to determine conclusively for all parties all questions arising in the interpretation or administration of the Plan. DB 105_V 1.7.1 B-14 0 2005 Minnesota Firefighter Pension Consultants, LLC MINNESOTA FJRLFIGHTER PENSION CONStiI.;IANTS Stillwater Laws 1963, Ch.248: Laws 1973, Ch.280: Laws 1979, Ch.201, Sec.44: APPENDIX F — Special Laws Retention of membership rights in PERA Service pension Partial repealer SOURCE: Minnesota Legislative Commission on Pensions and Associations (Updated -through the 2004 Session)" httn:J/www.i Firefighter Relief DB 105 F_ 1 MIN ES01A F I RF"FIGHTE_.R PENSION CON SUI JAN TS DB 105 APPENDIX E - [This page intentionally left blank.] 02006 Minnesota Firefighter Pension Consultants, LLC. All rights reserved. E-1 property of the directors or officers of the Association be subject to the payment of any debts or obligations of the Association. The Association shall indemnify persons to the extent required by the Minnesota Nonprofit Corporation Act, and shall have the power otherwise to indemnify persons for such expenses and liabilities, in such manner, under such circumstances, and to such extent as permitted by applicable law. The board of trustees of the Association retains the discretion to indemnify its members for breach of fiduciary duty. ARTICLE VIII AMENDMENT The power to adopt, amend or repeal the Bylaws or Articles of this Association, and to establish procedures with respect to the adoption, amendment or repeal thereof, is vested in the membership. ARTICLE IX DISSOLUTION 1. Upon dissolution of the corporation, due to the dissolution of the fire depaituient or for any other reason, its remaining assets shall be distributed in accordance with Minn. Stat. 424B.20. 2. Upon dissolution, the board of trustees of the Association shall transfer the records of the Association to the chief administrative officer of the applicable municipality. The board shall also notify the commissioner of revenue, the state auditor, and the secretary of state of the dissolution within 30 days of the effective date of the dissolution. IN WITNESS WHEREOF, the undersigned has hereunto subscribed his name this 12th day of December, 2005. Signature DB 105_V 1.0.0 © 2005 Minnesota Firefighter Fiduciaries, LLC • 223 N- rourth 5t. • Stillwater MN 55082- 4-806 A% 65 +59.1 675 PAX 651A-59.001z v 6. Fundraising Campaign A. Campaign Events Golf Tournament Sneak Preview Gala C. Report of Other Progress to Date D. Board Fundraising Targets & Pledges E. Library Foundation STILLWATE R PUBLIC LIBRARY Board of Trustees Meeting Agenda Tuesday, July 11, 2006, 7:00 P.M. 1. Call to Order & Introductions 2. Adoption of the Agenda 3. Communications and Public Commentary 4. Consent Calendar A. Adoption of Minutes+ B. Payment of Bills C. Monthly Activity Report* D. Other Activity Reports+ E. Web Site Usage Report F. Director and Other Staff Reports* G. Financial Report — June 2006* H. Policy Review — No policy this month 5. Building Expansion I A+ I A I I 1 I 7. Library Address Change I 8. Operational Policies: Board Work Groups Hours, Personnel, Volunteers I Coffee Shop I Meeting Room & Terrace Policies I Gallery Policies I 9. Board Vacancies D 10. Service to Prisoners D 11. Potential Circulation Policy Changes at WCL D 12. 2007 Budget Request A. Operating Budget A+ B. Capital Budget A+ 13. Other 14. Adjournment If you are unable to attend this meeting, please leave a message for Ann (ext. 17) before 5 P.M. on Monday, July 10, 2006. A= Action Item I= Information Item D= Discussion Item += Document in Packet *= Document to be Distributed at Meeting #= Document Previously Distributed STILLWATER PUBLIC LIBRARY 223 N. FOURTH ST. STILLWATER, MN 55082 -4806 651 439 -1675 FAX 651 439 -0012 Board of Trustees Meeting Minutes Tuesday, June 13, 2006 Agenda item 4.A. Present: Bill Fredell, Bill Hickey, Dick Huelsmann, ML Rice, Julia Sandstrom, Brian Simonet, Andrea Tipple, Mary Weber Absent: Ruth Ranum Staff Present: Lynne Bertalmio, Carolyn Blocher 1. Call to Order President Hickey called the meeting to order at 7:05 pm in the temporary library facility at Valley Ridge Mall, 1305 Frontage Road West. 2. Adoption of the Agenda The agenda was adopted. Fredell/Simonet 3. Communications and Public Commentary None 4. Consent Calendar The Consent Calendar was approved including a correction in payment of approved May bills from $1,390,250.72 to $1,389,859.72 and with payment of June bills in the amount of $1,300,992.65 with $1,249,212.00 of that for construction. Rice /Sandstrom 5. Building Expansion A. Progress Report President Hickey reported on progress. The schedule is tight—it may be mid - August before construction is completed. Director Bertalmio reported she has been informed that there will be construction in the parking lot area of the temporary site beginning near the end of July. Trustee Huelsmann reported that the construction contract has been increased from $9,600,000 to $9,664,955 to incorporate repairing significant damage to the roof of the 1902 building. Construction work completed to date totals $6,202, 913.00. Payments to date equal $5,892,767.35. 6. Fundraising Campaign A. Campaign Events Golf Tournament Trustee Simonet updated on the 2006 golf Tournament set for Monday, June 19th. Over 70 golfers have registered. Sneak Preview Gala A sponsor has been found who will donate all of the food. A date has not been set because of the uncertainty of construction completion. B. Report of Other Progress to Date Trustee Huelsmann reported that $950,000 of the $1 million additional funding goal has been raised. Director Bertalmio reported that the Hugh J. Andersen Foundation has approved funding a grant for wireless technology. C. Board Fundraising Targets Board members are reminded of their own pledges and to keep encouraging the contacts that have been identified. D. Stillwater Library Foundation There is no progress at this time_ E. Wish Book The "wish book" for furnishings put together by the Friends @ Stillwater Public Library is ready and on display at the current library location. • Page 2 minutes 6/13/2006 • 7. Library Address Change Director Bertalmio shared further information regarding the library resuming its original 3 street address. • • 8. Operational Policies: Board Work Groups Hours, Personnel, Volunteers Mary Weber, Bill Hickey, Brian Simonet & Carolyn Blocher Meeting set for June 20 Coffee Shop Dick Huelsmann, ML Rice, Mary Weber, & Lynn Bertalmio Motion by Fredell, second by Tipple to authorize this work group to negotiate with Anderson Enterprises to create and manage the coffee shop. Motion passed. Meeting Room and Terrace Policies Bill Fredell, Julia Sandstrom, ML Rice, & Lynn Bertalmio Meeting set for July 7` with e -mail work prior to that. Gallery policies Andrea Tipple, Ruth Ranum, Dick Huelsmann, & Lynn Bertalmio 9. Board Vacancy Director Bertalmio reminded the Board that Trustee Mary Weber is moving from Stillwater in late summer. In addition, Board members were requested to be thinking of potential Library Board candidates for two other positions that will expire in December. 10. Authorization to Sell Library Equipment The Board approved a motion to authorize Assistant Director Blocher to contact MLA, the State Library Office and other likely sources to begin the process of selling specific used library equipment. Huelsmann/Sandstrom 11. Release of Capital The Board approved a motion requesting the City Council to release funds from the SPL's approved 2006 capital budget for the following purchases: • Computer Replacement Program $11,000 • New Computer Stations 5,000 • Printers 3,000 • Computer Cabling & Switches 10,000 • Telephone System 22,250 • AV Equipment 1,000 • Catering Serving Area Equipment 6,000 Fredell/Simonet 12. 2007 Budget Request Director Bertalmio is beginning the process of the 2007 Budget development which she will send to the Board for comment. The request will be on the July agenda for approval. 13. Other President Hickey shared information documenting conversations and correspondence with neighbors regarding construction concerns. Director Bertalmio requested Trustees to be thinking of a grand opening date that will need to be set soon. 14. Adjournment The meeting adjourned at 8 :32 p.m. Chair: Agenda: Minutes: Treasurer: Doriott Adopt Approve Minutes: Town Board Meeting June 22, 2006 1. Report 2. Claims And Checks 3. Escrow Update STILLWATER TOWNSHIP July 13, 2006 Attorney: 1. Keefer Easement Status 2. Otchipwe Trails Project Status 3. Dangerous Dog Ordinance 4. Endcaps 5. Election Table Grant Planner: 1. Mullin Horse Issue 2. Accessory Buildings 3. Sather Certificate Of Compliance Engineer: 1. Otchipwe Trails Escrow 2. Victory Pass Xcel Permit Application 3. Victory Pass Retaining Wall People Portion: 1. Chief of Police Report 2. McMillan Kennel Permit Clerk: 1. Committees: 1. Old Business: 1. New Business: 1. Adiourn: Park Committee Update 2. Planning Commission Silver Creek Project Idea (Countryman) 7/11/2006 Pat Bantli • s Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County Board Agenda July 11, 2006 * 9:00 a.m. 1. 9:00 - Roll Call Pledge of Allegiance 2. 9:00 - Comments from the Public FYI 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. 3. 9:10 - Consent Calendar 4. 9:10 - Transportation and Physical Development * Wayne Sandberg, Deputy Director Hinton Avenue /Tower Drive Final Payment 5. 9:15 - Public Health and Environment * Cindy Weckwerth, Program Manager Comments on Brown's Creek Watershed District Draft Third Generation Watershed Management Plan 6. 9:25 - General Administration * Jim Schug, County Administrator 2005 Audit Committee Report 7. 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. 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. 9:55 - Adjourn 10. 10:00 to 10:30 - Board Workshop with Assessment, Taxpayer Services and Elections 2007 Assessment Fees 11. 10:30 to 11:30 - Board Workshop with Transportation and Physical Development Discuss Speed Limits in School Zones **************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Meeting Notices July 11 - Finance Committee 11:30 a.m., Washington County Government Center July 11 - Personnel Committee 12:00 p.m., Washington County Government Center July 1 I - Resource Recovery Project Board 1:30 p.m., 1670 Beam Avenue * Maplewood July 11 - Mental Health Advisory Council 4:00 p.m., Washington County Government Center July 12 - Metro ESB Executive Committee 10:30 a.m., 2099 University Avenue West * St. Paul July 12 * MELSA 12:00 p.m., 1619 Dayton Avenue * St. Paul July 13 - Community Services Advisory Committee 7:30 a.m., Washington County Government Center **************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Washington County Board of Commissioners Consent Calendar * July 11, 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 June 20 and 27, 2006 Board meeting minutes and the 2006 Board of Equalization Minutes. Community Services B. Approval of the Community Development Block Grant Subgrantee Agreement with the City of Cottage Grove for a sidewalk installation project. Public Health and Environment C. Approval and authorization from the County Board Chair and Administrator to formally recognize and adopt the principles and policies of the Washington County Emergency Operations Plan in compliance with state and federal requirements. D. Approval of resolution and authorization from the County Board Chair and Administrator to formally recognize and adopt the Washington County All- Hazard Mitigation Plan. • • f • f E. Approval to appoint Jon Muller, Lakeview EMS Director, as the delegated representative of the Depai tuient of Public Health and Environment to serve on the Metropolitan Emergency Services Committee. F. Approval for the County Board Chair and the County Administrator to enter into an agreement with a contracted wellness program instructor for onsite county employee wellness activities. G. Approval of the vaccine fee schedule for individuals not eligible for Minnesota Vaccines for Children, effective July 1, 2006. Sheriff H. Approval of resolution authorizing the Sheriff to execute Safe and Sober Communities grant with the Minnesota Department of Public Safety. I. Approval of resolution, Federal Boating Safety Supplemental Grant Agreement authorizing the Board Chair, County Administrator, and County Sheriff to execute said agreement. Pat Raddatz, Administrative Assistant Washington County Phone: (651) 430 -6014 e -mail: pat.raddatz @co.washington.mn.us • Diane Ward ill From: Pat Raddatz [ Pat .Raddatz @co.washington.mn.us] Sent: Thursday, June 22, 2006 11:52 AM To: Pat Raddatz Subject: Washington County Board Agenda - 6/27/06 Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County Board Agenda June 27, 2006 * 9:00 a.m. 1. 9:00 - RoII 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. 9:10 - Consent Calendar 4. 9:10 - Assessment, Taxpayer Services and Elections * Kevin Corbid, Director Election Administration Services with the City of Woodbury 5. 9:15 - Transportation and Physical Development * Don Theisen, Director Update on MN Dept. of Transportation Projects by Nick Thompson, New Area Manager $ 6. 9:35 - Public Health and Environment * Judy Hunter, Senior Program Manager Consider Transfer of Resource Recovery Facilities in Newport 2 7. 9:55 - General Administration * Jim Schug, Administrator Comments to Minnesota Public Utilities Commission on Application by the Minnesota Pipeline Company to Expand Crude Oil Transportation Capacity 8. 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. 9. Board Correspondence 10. 10:25 - Adjourn *** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Reminder: No Board Meeting on July 4, 2006 * Holiday Meeting Notices June 26 - Library Board 6:30 p.m., 8595 Central Park * Woodbury June 27 - Planning Advisory Commission 7:00 p.m., Washington County Government Center June 28 - Metro Mosquito Executive Committee 8:15 a.m., 2099 University Avenue West * St. Paul June 28 - Metro Mosquito Control Commission 9:00 a.m., 2099 University Avenue West * St. Paul June 28 - Regional Solid Waste Coordinator Board 10:30 a.m., 2099 University Avenue West * St. Paul July 5 - Plat Commission 9:30 a.m., Washington County Government Center July 6 - Metro Energy Task Force 1:00 p.m., 125 Charles Avenue * St. Paul * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Washington County Board of Commissioners Consent Calendar * June 27, 2006 Consent Calendar items are generally defined as items of routine business, not requiring discussion, 4 3 • and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and /or separate action. O The following items are presented for Board approval /adoption: Administration A. Approval of the June 13, 2006 Board meeting minutes. B. Approval to award bid for purchase of vended food service to Midwest Vending, Inc. as the most responsible bidder. Vended food receipts to be paid to the county as a commission. C. Approval of resolution of appreciation for Linda O'Donnell, who is retiring July 7, 2006, as the Clerk/Administrator of the City of Lake St. Croix Beach. Assessment, Taxpayer Services and Elections D. Approval to set a date for a public hearing to consider an off-sale liquor license by new owners of Meister's Bar and Grill for July 25, 2006 at 9:00 a.m. Community Services E. Approval of an amendment to add an additional Group Residential Housing site to the 2006 -2008 5 Presbyterian Homes contract for assisted living services. Information Technology F. Approval for the 2006 -2007 license renewal on the Novell products utilized by the county. Public Health and Environment G. Approval and execution by Board Chair and Administrator a recycling grant agreement with the City of Forest Lake for distribution of curbside recycling funds. Recorder's Office H. Approval for plat of Homestead Estates in Denmark Township. Transportation and Physical Development I. Approval and execution of Lease Amendment No. 2 to Lease No. 160 for space use to house the * Forest Lake License Center. J. Approval for the County Board Chair and Administrator to sign and enter into a contract with SEH, Inc. for final design services for reconstruction of CSAH 15 from TH 36 to 1,000 feet north of CSAH 12. 6 Pat Raddatz, Administrative Assistant Washington County Phone: (651) 430 -6014 e -mail: pat.raddatz @co.washington.mn.us 7 s t 1 1 • f 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. Assessment, Taxpayer Services and Elections Summary of Proceedings Washington County Board of Commissioners June 20, 2006 Approval of the following actions: - Award contract to Graphic Design to print and deliver ballots for the 2006 primary and general elections; - Resolution No. 2006 -085, lawful gambling exemption application from the Carpenter St. Croix Valley Nature Center. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: - Commissioner Peterson: Reported that the Locate Group is in the final stages of the post office move to Eagan, which would complete its work; and, she has been appointed to the AMC Task Force on truck length and weight to work with MN/DOT to establish standards they can all agree on; - Commissioner Kriesel: Reported he will be attending a renewable energy tour of southwestern Minnesota to view wind turbines near Redwood Falls and Pipestone on Thursday and Friday; - Commissioner He2bem Reported on his trip to Washington D.C. for the Transportation Alliance Fly -In; - Commissioner Pulkrabek; Asked if the Board had received a letter from MinnCan regarding a pipeline, it had, and comments will be brought forward at next week's meeting for consideration. Community Services Approval of Resolution No. 2006 -087, support of the Child Support Protection Act of 2006 (H.R. 4794). General Administration Approval of the following actions: - Board correspondence was received and placed on file; - Board of Equalization reconvened to consider petitions from last week. Public Health and Environment Approval of the following actions: - Resolution No. 2006 -086, authorization to submit a grant proposal and enter into an agreement with the Office of Traffic Safety for the Safe Communities Coalition Project; - Amendment to the Public Health Emergency Preparedness and Response to Bioterrorism project agreement with the Minnesota Department of Health; Accept a Natural Resource Block Grant funding in the amount of 562,473 from the Minnesota Board of Water and Soil Resources for 2006; Recycling grant agreement with the City of Forest Lake for distribution of curbside recycling funds. Transportation and Physical Development Approval of the following actions: - Site improvement performance agreement and Conditional Use Permit between Washington County and the City of Forest Lake for the North Service Center site; Workshop held for an update on the construction management method used for delivering county service center projects and discussion on delivery method for the Campus 2025 Project. 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 62' ' Street N., Stillwater, Minnesota. f • • • • • Summary of Proceedings Washington County Board of Commissioners June 27, 2006 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; and Myra Peterson, District 4. Commissioner Dick Stafford, District 5, absent. Board Chair Pulkrabek presided. Assessment, Taxpayer Services and Elections Approval of the following actions: Set public hearing date to consider an off -sale liquor license by new owner of Meister's Bar and Grill for July 25, 2006 at 9:00 a.m.; - Joint powers agreement with the City of Woodbury to provide election administration services. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: - Commissioner Peterson — Asked that the County Board send a letter to Metropolitan Council Chair Peter Bell indicating that the budget cut which would not extend the Central Corridor to the Union Depot is unacceptable; Noted that School District 833, and possibly school districts in Forest Lake and Stillwater will have referendum's this fall; and, encouraged Board members to attend the AMC leadership program on July 12 -14 in Burnsville; - Commissioner Kriesel reported on his tour of southwest Minnesota to look at wind turbine generation. Community Services Approval of an amendment to add an additional Group Residential Housing site to the 2006 -2008 Presbyterian Homes contract for assisted living services. General Administration Approval of the following actions: - June 13, 2006 Board meeting minutes; - Award bid for purchase of vended food service to Midwest Vending, Inc; - Resolution No. 2006 -089, appreciation to Linda O'Donnell upon her retirement as City Clerk/ Administrator of the City of Lake St. Croix Beach; - Comments to the Minnesota Public Utilities Commission on the application by the Minnesota Pipeline Company to expand the crude oil transportation capacity through the project known as the MinnCan Project; - Resolution No. 2006 -091, appreciation to Marilyn Akey, Administrative Specialist, upon her retirement; - Board Correspondence was received and placed on file. Information Technology Approval of 2006-2007 license renewal for Novell products utilized by the county. Public Health and Environment Approval of the following actions: Recycling grant agreement with the City of Forest Lake for distribution of curbside recycling funds; - Resolution No. 2006 -090, transfer of ownership of the Ramsey /Washington Resource Recovery Facility from NRG Energy Inc. to Resource Recovery Technologies, LLC. Recorder's Office Approve plat of Homestead Estates in Denmark Township. Transportation and Physical Development Approval of the following actions: - Resolution No. 2006 -088, authorization to enter contract with SEH, Inc. for design services for CSAH 15; - Nick Thompson, new East Metro Area Manager for the Minnesota Depai tnient of Transportation presented updates on the St. Croix River Crossing, Valley Creek Road Interchange project, and the Wakota Bridge Project. 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 62 Street N., Stillwater, Minnesota. s • • • WASHINGTON COUNTY BOARD OF COMMISSIONERS Preview of Coming Attractions • JULY 11 Workshop — Speed Limits in School Zones Workshop — CIP Update JULY 18 Agenda — Director of the DHS Child Support Enforcement Division (9:00 a.m.) 7/5/2006 Wayland Campbell, DHS, has requested the opportunity to provide a brief presentation in recognition of Washington County's achieving compliance in nine areas of review, resulting in the county being the largest Minnesota county, and one of only eight counties in140 reviews completed since the review process was implemented in 1998, to pass the review. Workshop — Problem Solving Courts a.k.a. "Drug Courts" The County Board will meet with a county group that has been exploring the possibility of developing a Washington County "drug court" model that has been successfully implemented in a number of other jurisdictions across the nation. Workshop — Disabled Veterans Rest Camp Board of Directors Report Report to the County Board on issues and initiatives being considered by the Disabled Veteran's Rest Camp Board of Directors JULY 25 Public Hearing — Off -Sale Liauor License for New Owners of Meister's Bard & Grill Workshop — Household Hazardous Waste Facility Planning Staff will update the County Board on the status of planning for a new Household Hazardous Waste Facility to replace the current facility which must be vacated by 2008. JULY Workshop - Metro Energy 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. Interview Applicants for Resident Commissioner on the Housing and Redevelopment Board AUGUST 4 -8 NACo Annual Conference — Chicago. IL 2007 BUDGET SCHEDULE August 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. August 15 - Transportation and Physical Development and Library present their 2007 budget decision points. August 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. ip September 12 — Hold 4:30 p.m. Open house followed by Board meeting to adopt preliminary levy. September 19 — Set Truth -in- Taxation hearing. e • i 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 — Meetina 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 July 11 Historic Courthouse Dome and Windows Repair - Transportation and Physical Development t 1 • 0b /1D /2Uub 12:4i 0 14354rUD Chair Doriott Chair Doriott Chair Hiniker Chair Hiniker Chair Johnson July July July July July August August August August September September September September September October 5 October October 12 October 26 November November November November November Town Bo - upervisors may attend any or all of the above meetings. re hel • in the town hall unless otherwise specified. fiat Bantl Clerk, Stillwater Township Stillwater Township Calendar 6 Planning Commission 10 Park Committee 13 Town Board Meeting 25 Neighborhood Watch Meeting 27 Town Board Meeting 3 Planning Commission 7 Park Committee 10 Town Board Meeting 24 Town Board Meeting 7 Planning Commission 11 Park Committee 12 Primary Election 14 Town Board Meeting 28 Town Board Meeting Planning Commission Park Committee (date to be determined) Town Board Meeting Town Board Meeting 2 Planning Commission 7 Election Day 9 Town Board Meeting 13 Park Committee 23 Thanksgiving Holiday i-+Ut V 1 1 U t 7:00 PM 7:00 PM 7:00 PM 7:00 PM 7:00 PM 7:00 PM 7:00 PM 7:00 PM 7:00 PM 7:00 PM 7:00 PM 7:OOAM- 8:OOPM 7:00 PM 7 :00 PM 7:00 PM 7:00 PM 7:00 PM 7:00 PM 7:00 PM 7:00 AM — 8:00 PM 7:00 PM 7:00 PM 7 :00 PM June 23, 2006 • i • June 22, 2006 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson Jim Doriott, Supervisors Sheila -Marie Untiedt, Jim Hiniker and David Johnson. Also, Treasurer Gloria Sell, Attorney Soren Mattick, Engineer Paul Pearson and Planner Dick Thompson. 1. AGENDA - M /S /P Hiniker /Johnson moved to adopt the agenda as amended. (4 ayes) 2. MINUTES - M /S /P Hiniker / Untiedt moved to approve the 6/8/06 town board meeting minutes as written. (4 ayes) M /S /P Hiniker /Johnson moved to approve the 6/15/06 Arcola Trail Paving hearing minutes as written. (4 ayes) 3. TREASURER - a. Report was given. b. An escrow report of outstanding balances was presented. c. The planner will communicate with Chris English about the outstanding escrow balance due for Bluffs On St. Croix. Also he will contact Pat Johnson and Mr. Keenan about their escrow balances that are over due. d. The attorney will communicate with Mr. Peterson about his over due escrow balance. e. Claims were reviewed and checks #17766 - #17777 were approved for payment. f. The treasurer gave a break down of outstanding expenses due in the amount of $2,253.30 for Otchipwe Trails Subdivision. 4. ATTORNEY - a. Victory Pass - The easement from Mr. Keefer is signed but will not be released until he gets a guarantee that he will have an access on the road. b. Otchipwe Trails - Shoulder work on the trail is to be completed. The letter of credit will not cover the entire project. Mr. Montanari doesn't like it but understands. At the first meeting in July how much comes out of the letter of credit will be known. c. McKenzie Easement - The paperwork has not come back yet so the attorney will follow -up with the McKenzies. d. Meinecke Barn Issue Update - The attorney said that he has no knowledge of people living in the barn now. The issue is resolved for the time being. Stillwater Town Board Meeting - 6/22/06 Page Two e. Dangerous Dog Ordinance - M /S /P Johnson /Hiniker moved to approve the adoption of a proposed ordinance regarding dangerous dogs. (4 ayes) 5. PLANNER - a. Nextel Tower - The planner will communicate with Mr. Rydeen about the need for trees around the tower - how many and what kind. b. Mullin Horse Situation - Mr. Mullin at 12294 100th Street North has five horses on his property of 5.14 acres. The planner will send him a letter telling him to remove three of the horses by June 30. c. Park Dedication Reconsideration - The park committee will review a new park dedication amount and forward a recommendation to the town board. 6. ENGINEER - a. Speed Study - Ouail Avenue North - MNDOT will not do a speed study on Quail Avenue North. They feel it isn't justified. Speed limits can not be enforced without a speed study. Jim Hiniker will talk to the Hunters Ridge Homeowner Association about the situation. b. No records were found in the township files regarding a speed study on Arcola Trail. 7. PARK a. Jim Doriott mentioned that he received a second bid for the children's playground surface at Otto Berg Park. It was half the cost of the first bid. b. The clerk mentioned that a resident was concerned about a dead tree on 94th Street that might fall across the road. Jim Doriott will look at it and have it removed if it is in the township easement. 8. CLERK - a. M /S /P Johnson /Hiniker moved to approve the renewal of Robert and Judith Watson's commercial kennel license for the 2006 -2008 dog license period. (4 ayes) 9. ADJOURNMENT - Meeting adjourned at 8:25 p.m. Clerk Chairperson Approved 1 Z Memo To Mayor Kimble and Council From Stuart W. Glaser, Fire Chie Data 7/6/2006 Re: Counal Meeting Absence 1 will be unable to attend the evening Council Meeting due to preparations for our upcoming Lumberjack Days celebration. On Tuesday, July 11, from 7:00 PM — 9:00 PM 1 will be conducting an operational briefing for local responders to ensure coordination and review the response plan. Please do not hesitate to contact me if you have questions or would like additional information. Stillwater Fire Department