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Home My WebLink About2005-12-06 CC Packet . AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO. 05-23 Council Chambers, 216 North Fourth Street December 6, 2005 REGULAR MEETING RECESSED MEETING NOTE TIME CHANGE 4:00 P.M. 7:00 P.M. 4:00 P.M. AGENDA STAFF REPORTS 1. Police Chief 2. Fire Chief 3. City Clerk 4. Director of Admin 5. 6. 7. City Attorney 8. Finance Director 9. City Administrator CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Library Project Update - Tour of construction of Library 2. Trinity Lutheran Church - Post Office Project 3. Presentation by Washington County for County Road 15 Imp 7:00 P.M. CALL TO ORDER ROLL CALL epPROVAL OF MINUTES - Possible approval PETITIONS, INDIVIDUALS, DELEGATION 1. Presentation of the Community Cq!f!serv Conservation District (Mr. Rigg$ Agenda) 2. Proclamation: Friends of Sti minutes of November 15, 2005 OMMNDATIONS Award By Jay Riggs, Manager of the Washington er any questions relating to Item 8 of the Consent OPEN FORUM The Open Forum is a portio the meeting agenda. The to staff regarding investiga if meeting to address Council on subjects which are not a part of take action or reply at the time of the statement or may give direction concerns expressed. CONSENT AGENDA* 1. Resolution 5:.i58, directing payment of bills 2. Resolutio 5l.i259,adopting Delinquent Sewer Charges (L.1. No. 00001) 3. Resoluti 5-26Q; adopting Delinquent Garbage Bill Charges (L.1. No. 00002) 4. Resolu 005~~~1, approval of maintenance agreement with Allstar Wireless for Fire & Public Wor e ent 5. Reso . on 2005-262, accepting grant agreement with the State of MN DNR 6. Possible (oval of temporary liquor license - Greater Stillwater Area Chamber of Commerce - February 23, 2006 - Blue Moon 7. Possible approval of utility bill adjustments . 8. Resolution 2005-263, authorizing the participation in the Share Water Resource Educator 9. Possible approval of Special Event - S1. Croix Valley/Minnesota Youth Ski League - January 1, 2005 10. Approval to purchase desktop computer- Engineering Department 11. Possible approval of Temporary Liquor License - Stillwater Sunrise Rotary - December 31,2005 12. Resolution 2005-264, approving the amended and restated 457(b) plan document with Nationwide Retirement Solutions PUBLIC HEARINGS 1. Case No. SUB/OS-55. This is the date and time for a public hearing to consider a request from Scott Junker for a subdivision of Lot 3, Blk 15 Carli & Schulenberg's Addition (15,000 square feet) into two . lots of 7,500 square feet each located at 324 Wilkins Street East in the RB, Two Family Residential District. Notice was mailed to affected property owners and published in the Stillwater Gazette on November 25,2005. (Resolution) 2. This is the date and time for a public hearing for review of Phase III City Annexation and Expansion for a 170 acre, 270 residential unit, Millbrook Development (Palmer Farm) located so fTH 96, west of Neal Avenue, north of Brown's Creek and east of Manning Avenue. Notice was ected property owners and published in the Stillwater Gazette on November 25,2005 (R tion) 3. This is the date and time for a public hearing for Truth in Taxation. oed in the Stillwater Gazette on November 30, 2005. UNFINISHED BUSINESS 1. Possible second reading of an ordinance amending Chapter 31 931-1, Subd. 26; Sign Regulations Code, Zoning, NEW BUSINESS 1. Possible approval of resolution calling for redemption of ce 2. Accepting Preserve America Designation (Resoluti~ 3. Accepting Governor's Fit City Award 4. Possible approval of revised joint powers agreement Management Organization 5. Request from Board of Water Commissioners fo bonds Croix River Watershed PETITIONS, INDIVIDUALS, DELEGATIONS & COMME COMMUNICATIONS/REQUESTS COUNCil REQUEST ITEMS . .. All items listed under the con enacted by one motion. T citizen so requests, in w separately. are considered to be routine by the City Council and will be separate discussion on these items unless a Council Member or items will be removed from the consent agenda and considered STAFF REPORTS (continued) ADJOURNMENT . 2 . AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO. 05-23 Council Chambers, 216 North Fourth Street December 6, 2005 REGULAR MEETING RECESSED MEETING NOTE TIME CHANGE 4:00 P.M. 7:00 P.M. 4:00 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Library Project Update - Tour of construction of Library STAFF REPORTS 1. Police Chief 2. Fire Chief 3. City Clerk 4. Director of Admin 5. Community Dev. Director 6. City Engineer/PWD 7. City Attorney 8. Finance Director 9. City Administrator 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Possible approval of regular meeting minutes of November 15, 2005 .ETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Presentation of the Community Conservationist Award By Jay Riggs, Manager of the Washington Conservation District (Mr. Riggs will also answer any questions relating to Item 8 of the Consent Agenda) 2. Proclamation: Friends of Stillwater Parks Day 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 2005-258, directing payment of bills 2. Resolution 2005-259, adopting Delinquent Sewer Charges (L.1. No. 00001) 3. Resolution 2005-260, adopting Delinquent Garbage Bill Charges (L.1. No. 00002) 4. Resolution 2005-261, approval of maintenance agreement with Allstar Wireless for Fire & Public Works Department 5. Resolution 2005-262, accepting grant agreement with the State of MN DNR 6. Possible approval of temporary liquor license - Greater Stillwater Area Chamber of Commerce - February 23, 2006 - Blue Moon 7. Possible approval of utility bill adjustments 8. Resolution 2005-263, authorizing the participation in the Share Water Resource Educator 9. Possible approval of Special Event - St. Croix Valley/Minnesota Youth Ski League - January 1,2005 eUBLlC HEARINGS 1. Case No. SUB/05-65. This is the date and time for a public hearing to consider a request from Scott Junker for a subdivision of Lot 3, Blk 15 Carli & Schulenberg's Addition (15,000 square feet) into two lots of 7,500 square feet each located at 324 Wilkins Street East in the RB, Two Family Residential District. Notice was mailed to affected property owners and published in the Stillwater Gazette on November 25,2005. (Resolution) 2. This is the date and time for a public hearing for review of Phase III City Annexation and Expansion for a 170 acre, 270 residential unit, Millbrook Development (Palmer Farm) located south of TH 96, west of Neal Avenue, north of Brown's Creek and east of Manning Avenue. Notice was mailed to affected property owners and published in the Stillwater Gazette on November 25,2005 (Resolution) . 3. This is the date and time for a public hearing for Truth in Taxation. Notice was published in the Stillwater Gazette on December 2, 2004. UNFINISHED BUSINESS 1. Possible second reading of an ordinance amending Chapter 31 of The Stillwater City Code, Zoning, S31-1, Subd. 26; Sign Regulations NEW BUSINESS 1. Possible approval of resolution calling for redemption of certain outstanding bonds 2. Possible approval of revised joint powers agreement with Middle S1. Croix River Watershed Management Organization 3. Request from Board of Water Commissioners for future well site PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed under the consent agenda are considered to be routine by the City Council and will be . enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. . 2 . . . 'to " , )0 --&7~~~ {?~~ Lfl-z<,-ry I /~4 /0 cr7; t Mm-</z'~~ r:~ ~tJw b/ L-O~~ IA/hil....- e.-/I )I,'~02-'((_J~ ~~ -~~ 4-d-'fC.7?t--G10ft?Jk..-j J" ~f2~ 'ff rl1.S . t~5~-~~~" J UJ~~~ <--n,u~'~cCf(~';;Yj,z~~-~~ .Pn ~,LJ\ ;kiu J; -rte;t:j~ ~-e n tJ'-<4-<<?Q a Mclhd,\ ' ~/~ {~J a'~"J-C:~7li~ r;7-/~ ~~~0 ~rn<J!.{ ~:.-, ~.~ >>Zj ? 0~ J Creating an artist's rendering of a concept of the planned renO\-ation and expansion, as well as detailed architectural designs and supporting data, is one thing. j\ctually construct- ll1g a major addition on the steep, sandy hillside east of the original library building has proYed to be more complex and difficult than anticipated by the dra\vings on paper. In i\lav, 2005 the relationship \vith the initial CM was terminated by mutual agreement &- C~~MJR-r~k-~& ~ir;/~-R (!/J1 ---t'lJiMJ LOil-<(~.. :11'<-<. ~p::1"- - - /Y L4~ JuZ cLlj/~T''<;U_ ~ 71ce-. ":n'j'<U7 ~kJ W/~ hbZ: ~ w-r'ht r4 C:Yy J (Jh ~k~cJfc::(/f/~ Af~,-<-cp u...,~~ ~ July 13, the Library Board engaged A.dolfson & Peterson Construction (A&P) as Civl for the project Since that time, A&P has worked creati\'e!y and a~~ressi\-ely with the Library Board and with the architects and consultants to develop a construction plan that will pro- \-ide thp renontion and expansion, along with the important features as planned. The long awaited ground-breaking ceremony took place on September 19, 2005, Since then, a number of important steps have been completed. The demolition of portions of the interior of the original building is now finished. A 125 year-old 12" water main under the ncated Mulberry Street that was \vithin the footprint of the planned additis.n was relo- cated with the cooperation of the City's Board of Water Commissioners, / 0.. JO~ / / /3v'7~ ft:LUT Ci~t')^ (~().h~ '/?-6'~? C~, Jfj t{;'\~tr i ~~ II""..... 1.A;-tl.4 -ff 2.. ~ O()D ~ And, it was de- cided to construct the north wall of the addition six feet to the south (to a\-oid coming dangerously close to t\\-O large storm water sewer lines and a major sanitary sewer line). Currentl~-, various hea\)' equipment is on the site as foundation wall and soil retention ac- tn-ities are in process, and footings are being poured. Construction is now well underway \\-ith project completion expected in August 2006. The \'alue engineering prO\-jded b\' the C\I, the architect and consultants (to pCflTlit con- ;;truetlon of the addition :1t :1 eo;;t elo;;er to the origin:1] budger! h:1:; re'sulted in ;;O!1le' eh t(i till' rro['o;;u! bLIIidll1ci f()(l(f'rint .111d tlior phn;; J r. the unnlll'r<!JcC[ Jll be' $. r\ cl. I(! I h.ll I'r<$( 1 .I1Il,(! In I( I( ik<, 111 <1/(, In f( .11'.11'(< .lncl III l 1 Cll"rH" . . . ~ The Llbraf\' Board, after extenSl\'e consideratJon and rene\\', concluded that there is reall\' onk one opportunity to do the reno\'ation and expansion project properly, To do some-' thlng_toda}' which \\'ould be less than that proposed \\'ould probably prohibit any signifi- cant tuture changes or expansion. Thls is the one opportunity to "do it right." ~111e pro- ject had an initial budget of S9 million to be funded by a public/pri\'ate partnership, \\'ith a capital campaign goal of S4 million, To date, the Centennial Capital Campaign has recel\Td gIfts and pledges totaling S4.2 million. A.lthough the original goal has been surpasstd, the Board of Trustees is no\\' committed to securing 51.5 to S2 million in addition:tl funding .-ft, ('over -flu ~~- ~ n llLfe.f2 ~ ()-<fjet-:t: {!fa6 if/%. i' lo t 1/-yyUj(i On ( I A J / / _ - . 'i' , 'if .." /'/_ l/Ve- 12 ~ 77/ ~a--<-4-<.- u'~ CL~;d:.;--,J;.~,x-.r::.._ 75-<:;/ Q';;c.J ,-I c ..,. / /Jc.-<~~." vn rl'-c; ~""J/ "'^' c:', He<.. jz.~j-<:"LCJ2 pt<,,~~" .J..~. tt...... 46..r,u.... 'I ~~I ~~/ 'r6-f..&-1.-> ,iV-Z/'-k +~ C('-i-~/Y-v-CV+--c:-L47 'HLZ C1,,-J,~['~~'nA /1.~ VF -"v~ . .~ ~&:h~ ~ ~ C.L~~~~A__~~J.~ '~k -:rf~-e- ~~~ -. Ifkrl.~..-Il~ &>d1 ~~~~~ !~~ O'L ~ A.-<-J/k..5> &e ~~ (cL~2-6;,~ ,~)..~] f1-'jv'l't :y'\.(..-U:-('\.~ (' 5> d:~,c.e ~> --r( '-Z-4{/-c.1!- J'h..t:~t-t.-J v--I; ~ / ~~..( c.,VJ.4-c.nd / ;;U..t~ hW> 4.,,<;:;, A/ft.h- . U i:<c~.h ~''/ 'C?,;;; ~, ,~ :n~ ~'^FN.e,.:C (jk..r<~ ) ;2( <J-~t.:Cc..e<;'"1 ~ ec.dzr'M.t,"^C.~k; yf'-'. 1,"f4d-Uj~. _ . . tru~?ru)j." ~~~-'7,p~. u.c V1'-'1"~r<~ u~ SilL ~-c..- -fK4J-rt -~.;: 71 Lt':t:~f ~ ~4-VJ ~',- UV-(/L~: u~C-L?Ic'p)-U. .~ .~;/ (p.~~ ~L~~ / [; . t{^~Ct0 '-'C-<-'~~~ ~_-cL/ ..e~-1~(2~LA-cC ('~'-- ~'-i,L~ n - ) J- J7"-n.~) k-t,\ " [y"I",,-"".(. * f{. i.-Vvte"'1' h c. -i-M" .,,"- {I " " '1{,c. ,J:.J7uf:: y:t-l'/ I' 'I jUX J:.1r~ ~Yz rCz.A,j (Lf:'[)r' 3 . {];I: J{.U rJ ~! LV<- ktU<LL 'Li~fI~ _ GerM ~-+'rt!"" ('~<t-e:, r? F 3, 7"~ OJ. / OD-v r' ewc.<-( ~~ Vtt-~;.c.:iS:J f f" '7 / <r; Cf?C) f1IDn..le tt?-'1"'- Constru~tion will proceed to the e:\tem funding is :1\":1.il:1blc. If nccess:1ry, portions of the lmcn~r tInlsh1l1g w1l] be delayed pending receipt of addHlOnaJ tlnancing. So1.icit;1tIon of m:1- lor gltts from found;1tIons, Corporations, indi\'iJu;11s ;1nd families continues. \Ve (~ returI1Jng to Our key donors to ask for their help in completing this \TI\' sPl'ci:1] and impor- tam project. - . } - ~ -! . . i,.1- ~ (<A.~ t.-v" e: (v-L. H, f --<-"J,.A""'A--<~] - U-o 'y':~ F'-I.~~ 7I~ C~'4( ~J1CL~ k /V?-~-e<-v-c_,L rlz:; ;&~~'( ~ yt Z- )rJZn, -iJ I.u-"",JL; we-'?74u,--tL ,; '~fu /!iJd2.Z" --h cJ12 ~-t; Cir7td:Z;--cl ~ /?~) t?" /fi?'7.:' . . Lc+- iv-e.z/{.. / ic.'-12... .4eJ...-t ~;tt.GA /1/ r ,.0/ L > '~7 o.--i-.:.4;(; p/u( CO, trl /h-~' /'M '''1<," A4'--<--vI. ~ 0-20 p~ (~~h7'~uhVO .' -f Wv 4 ~ ~LI i'l1.- r~YJ J7&u4'r ev-ri!ft" --Jfc~""1 --e/t:;tM'~.{l,~c:t t~~ ~~~ ~~ ~ "ftc{ ~~- IS ~~ ~JeL~ I ~J1/, jJQ-0'~ ccL1L,u'n~ Q VJ.Zrvnrj ..!J?cC ,7 y-t,. Jaw </)d-r?:-0-d )tu/;/;:JA17 ~~ fi~ it> A:~'cl! OJVhh~~ C~L a:d~~~~7(~ Ff: 'f ,/' I / y'f / -),/) /' {t" '{', 7-y",,, ()';"', ,'~ ' , ' -I z--h, ,J, C;'., 7 r ; '_ f:-T L ~ (c;....' ~ Cc c; ('c, 0/ -' .. i-' /L;/ v / v ~ ( /..J /1 "r/L / v v / -, , ' )-' / v / , ~\.. ---:.YrJ. C~kLL~ :). OV1'. 'r - ~ () f' . Jl c2/~,,- Oll-m;'J, c' 71"',j-- (A~C 1'''-f1 /2 ('---<~ Lv-e.- t,~ t ~ ~ tJ-L, K 7t..e a~~~ jv fr n-~{ I-t- <-_ If? '-IG- t; 1) ~ ffc~~!t (~fcx-~~'o7( , ~d,l~l.) \'\e continue to be most grateful to m-cr 600 donors ,,"hose generosity has helped put the ,"isJon of a ~enO\"ated and o:panded bbrary on the track to becoming a realill"! . WI- ~ ~ V:7 ~V~ j y{cz {Hpu~;/;"~ ~ ,-<k:' tLA:~ C~ ".e a~<" /!('~/y~ ron~ 'H <.A... v~~ u;.~ ~~~/ Vf~(Jl1:-~~i,v_L~~?/'rn G~~v0 )3L~ti6 :~, ~/ult/~;( /. ;rty/rlJ E-clcj~s ,~ 't1-J'~., .) 'L,-<-<C ()"'~,~ 1c'./C'>-z-k4 / a"~-fJ:0t-A '1d~*jLl~ "-~~ ~ffi~-'--'" '4-L BJi-t.~~+-7 ~ ~L'? Lee /u/'i-YU:A--1 /-i- ~J d~-c{" hF[ ttk1/C) ~!-AJ~ ~ir ~:er~~ ht-~orUL~ '4-~ ~~i ~ ~ ~~-;t, .Yc)c;izPA.C4 I( did ~--rkz ~_ (~ ~-?J( c~~ Wu._ f.1' If ( . -fy IJ.JU' CrYpt ~1 \ '-......!--- j-- ! c "f'l.. ~J. 2L..,CV7..~ ~ ~ // - / /!( "') - '6.. c.f(L-{ yt:----Ic'.,:- j -lhct;c ~ /L--Tz::~-t-// [i?/f-cf {> ----:7/ I ( I"L..~..-'r'-../] . , , STILLWATER PUBLIC LIBRARY CENTENNI.AL CAPITAL CAMPAIGN Status Repor-t: l'.Joven-lber- 22r 2005 In our last status report dated March 23,2005, the Library's Board of Trustees announced that the initial Centennial Capital Campaign goal of $4 million had been reached, the Still- water City Council approved its $5 million funding for the renovation and expansion pro- ject, the Library Board named a Construction Manager (CM), and that ground-breaking was expected to occur in early May 2005. Creating an artist's rendering of a concept of the planned renovation and expansion, as well as detailed architectural designs and supporting data, is one thing. Actually construct- ing a major addition on the steep, sandy hillside east of the original library building has proved to be more complex and difficult than anticipated by the drawings on paper. In May, 2005 the relationship with the initial CM was terminated by mutual agreement. On July 13, the Library Board engaged Adolfson & Peterson Construction (A&P) as CM for the project. Since that time, A&P has worked creatively and aggressively with the Library Board and with the architects and consultants to develop a construction plan that will pro- . vide the renovation and expansion, along with the important features as planned. The long awaited ground-breaking ceremony took place on September 19, 2005. Since then, a number of important steps have been completed. The demolition of portions of the interior of the original building is now finished. A 125 year-old 12" water main under the vacated Mulberry Street that was within the footprint of the planned addition was relo- cated with the cooperation of the City's Board of Water Commissioners. And, it was de- cided to construct the north wall of the addition SLX feet to the south (to avoid coming dangerously close to two large storm water sewer lines and a major sanitary sewer line). Currently, various heavy equipment is on the site as foundation wall and soil retention ac- tivities are in process, and footings are being poured. Construction is now well underway with project completion expected in August 2006. The value engineering provided by the CM, the architect and consultants (to permit con- struction of the addition at a cost closer to the original budget) has resulted in some changes to the proposed building footprint and floor plans. However, the overall project will be very close to that previously planned - in looks, in size, in features and in effi- Clency. . The Library Board, after extensive consideration and review, concluded that there is really only one opportunity to do the renovation and expansion project properly. To do some- thing today which would be less than that proposed would probably prohibit any signifi- cant future changes or expansion. This is the one opportunity to "do it right." The pro- . ject had an initial budget of $9 million to be funded by a public/private partnership, with a capital campaign goal of $4 million. To date, the Centennial Capital Campaign has received gifts and pledges totaling $4.2 million. Although the original goal has been surpassed, the Board of Trustees is now committed to securing $1.5 to $2 million in additional funding via the same initial "public/private partnership" process to cover the added costs to complete the project. The additional costs consist of significantly higher costs than planned to build on the hillside site, the cost to relocate the library's operations to the temporary location at Valley Ridge Mall, and the greater than estimated increases in construction costs since the initial budget was set almost five years ago. The library building committee has also created a 'Wish Book" detailing items of equip- ment and specific furnishings that will be needed in the renovated and eXpanded facility. Anyone interested in sponsoring the refurbishing of a favorite chair from the "old library" or a set of table and chairs for the new terrace, for example, should contact the Library Di- rector at 651-439-1675, Extension 18, to obtain additional information. . Construction will proceed to the extent funding is available. If necessary, portions of the interior finishing will be delayed pending receipt of additional financing. Solicitation of ma- jor gifts from foundations, corporations, individuals and families continues. We will also be returning to our key donors to ask for their help in completing this very special and impor- tant project. We believe we have "one opportunity to do it right" and look forward to a grand reopening of the Stillwater Public Library in the Summer 2006. We continue to be most grateful to over 600 donors whose generosity has helped put the vision of a renovated and expanded library on the track to becoming a reality! Sincerely, ~~ !J~ Pmlf,., Richard L. Huelsmann Trustee and Capital Campaign Chair Lynne S. Bertalmio Library Director . . o o o o o o Stillwater Public Library Expansion . ,'/," ~.,:;'''-C;C=~-o~ ......\ J' ...lJ~ Ili~"'P-j~ ~\UL-' ..~.." ~. r'::.'~Irj. </ 11111.11.1... '.. x ......--:tJ..... .... i, F;.!~ - ~1...-4......dP . / ~/ -,,-1:1 I I I I I ,,",:: ' II III II r _ ,bookdt' ~.. r /~~ ...1;].... r" - ".""" ."u.....:.-~}> .. .r;' , ',.. /:-' P' [0 'r:J 11.'1 . C1 . . . CI F"l ~ f-0J d -v :'Q:hJHI-11111 ! ." street level entry )",/.:.-:,... r~ .___ baokdrop "=-- . Parking Level 17 November 2005 o-r-~ ~ miller dunwiddie ARCHlTEtTlJRE . . ,__mmm__,m,_nnm_n___T___q II 'nrt~rJ',,:~ij:NC r-' .. ,- I tn~'~~t~j ,.{1~/ OJ :tfom +'~ ~l-' [mech II Chll'l~n's up l ~ ~,. .' .. '.1 I --"":_ receiving /.. .......,'-. nr~~ ~:~ J 'F:~sto:~ge, I ~ , ! ~~ /' L. 1'-'--~.:..~ trl; .]1/ImT'"" '!t i ; } 1 .. _~"..e11.~j -"H" dnfltt.l~ '.~ '>:=-~-dJ C~ elee lmer]~~ -'. - f ~ IJ , lL"..;!;;,. ...1\j.!c.:' tJ; tJ; 000 . ~'~~- ~j:--}~ ~ 0 --<"".1111111111, j 0 { , , . " "" ,I ~~ :~8B~ . Vft-~ + r I ...r-h " -- Ii =- + ' =1l boiler I Qtu 0:' I L C ~ Jg 0 ",," I , 1-"\~. ~:::J 1 ffi............. .. . 1,.1 chlldrens IrJI children's storyl O--~ '. ~ ,,/' .: 't;J ~ I ~ ~m.edl. s~rvif"S 1..... ".!I-R-p.Ji \ "q~ff tfiJ1J:il ~ program I I , I , " m :iLnlrrnl~'-\ I ~~I ~!! IL }~~, ~n~- .~J' '~:;,~~ ~ m;~"J} ,:"~ ~ ~'=D=<'. !..~.'....'~":' ~'!: .~.'.I.:III"II/I: '........ r.:t..,'.:.. ~~ ~~~''".- TIll il @ r'T".'~;'9 .,~ll1w 1 ~~~'J~~ ~u.r_:~~~'~~;la~~l~_lf~' ~"." '8 [, [I . ~ [J "]l, :-- -r: (0\~7(Yic ';;- ~DO) ~;JTI1go' Ej" . r~ generalsrorage m :,' ~ '- ~ ' CLJ!: Lt. t1-H ,9~iJLl'.'.~. ,.JP (,~.Pn~.:.,~,_:ykT\~ aQo ,l"IU!'l~L ~~~!~~,~I ~dJ' 0 dl"~ ~ m 6l~~~~,- ~I 1::[;Ju~[n~~-~~tion d~_ ~ l~dult,non'flCtiOn I' I~ I~ ~ ~ ~ D 8 q i.n.,.... ' :: · · ,m, ~ t B ' ~. (I -- jl' ~ II ~ !l ~ 'IeMod~ls l\l I I ; i i I EEl !] .i W d L lJ '] T ... I +,1 ~ i;: ~ I 'i J J n . .. ~ .. . .. . t 1:n t S ~ ~ rlfiWwJf't1l~1 ... ...... ~. 'Cltl~ '""...._:..J~_~.\ ,10, .. i[] ..."I.~~~t~._l.9Jo!UifLE[l_91.~9J cfl dIu. '- ,., .,,' : emergency ,1 ! 'Mrn_n_~_n- -~ :,~""",,,:,,,,,,,,,,:,,"'''",,,,,,,..,, Stillwater Public Library Expansion . Lower Level 17 November 2005 o--r-~ ~ miller dunwiddie AACHITtc:rvRE I \ jan I .., ----..... I - --- -- -----~~.... L.LL.LiJ -1 b () ()_~.u -"'\ :j 'kJl ~itcha;'~~11 /' (1) ~'~ (1) m (1) Z.: ~;~~g~ LW ~~~~sure 1M ..l. i <r<> ,I I ;..." (1)~.(1)'4Jdf(1) l)' . ' I . () () ~I~ nne;) II <>-<> 'I', ;t~ m av,/ I~' ~ [ :: ~ tL/'J t~!"maatingroom~~ '4Jdf l~qUl~, ...... ."" q P J after-houl'! coffee/seating " , , rr.... . i..,. ...1..11."...... '................ 00'"'' (;f r::?n ~ r::fp ~"'-"':=:.."':=:..~~.~lt;\J~==-~.:-.:-;J S r~ ooO\ficlj:: /Qoo "" \_.",-I'''''IL. - D'Y'octlob - ~.," ,''_'"'. 8' \ .. I ~_..._....~ Q ~ -. Z: romance ' ~ EE Igprint J westem 000 _ _0<) <) l:J J_ ~8 EE 1 ' ~Clfi - ~. . . // o ~ I ~ ~. dn r '" r o o ..= ;; -m 1-IITI~n , Stillwater Public Library Expansion terrace .. storage ' . o UpperLevel 17 November 2005 ~~ ~ miller dunwiddie II,.. .""'__ ~ I . . . \!lema DATE: December 2, 2005 TO: Mayor and City Council FROM: Chantell Knauss Director of Administration RE: Elected Official Out of State Travel Policy Backl!round During the 2005 Legislative Session, State Statute 471.661 Out-of-State Travel was adopted. I have attached a copy of the Statute. The Statute requires all governing bodies to adopt a policy providing for the out of state travel of elected officials. The initial policy must be adopted by January 1,2006 and reviewed annually thereafter. Attached is the model policy that was distributed by the League of MN Cities. All, none or some of the League's model policy may be considered for inclusion in the City of Stillwater's policy. Because an initial policy must be adopted by January I, 2006, it is staff s intent to receive direction from Council and return to the December 20, 2005 meeting with a policy for adoption. Recommendation It is recommended that the City Council provide staff with direction as to what they would like included in the policy. !\1innesota Statutes 2005. 47] .66] Minnesota Office of the Revisor of Statutes Page] on.1 Legislature Home I Links to the World I Help I Advanced! \. House Senate I Joint Departments and Commissions I Bill Search and Status I Statutes, Laws, and Rules . Minnesota Statutes 2005, 471.661 Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota. Minnesot Statutes 2005, Table of Chapters Table of contents for Chapter 471 471.661 Out-of-state travel. By ,Januar,/ I, 2006, the governin<J body of each statutory or home rule charter city, county, school district, regional agency, or other political subdivision, except a town, must develop a policy that controls travel outside the state of Minnesota for the applicable elected officials of the relevant unit of government. The policy must be approved a recorded vote and specify: (1) when travel outside the stat 1S appropriate; (2) applicable expense limits; and (3) procedures for approval of the travel. The policy must be made available for public inspection upon request and reviewed annually. Subsequent changes to the policy must be approved by a recorded vote. . HTST: 2005 c 156 art 2 s 38 Please direct all comments concerning issues or legislation to your House Member or State Senator. For Legislative Staff or for directions to the Capitol, visit the Contact Us page. General questions or comments. . ill tt" I . . . CITY OF STILLWATER ELECTED OFFICIAL OUT-OF-STATE TRAVEL POLICY Pumose: The City of Stillwater recognizes that its elected officials may at times receive value from traveling out of the state for workshops, conferences, events and other assignments. This Policy sets forth the conditions under which out-of-state travel will be reimbursed by the City. General Guidelines: I. The event, workshop, conference or assignment must be approved in advance by the City Council at an open meeting. (Note: the League recommends use of a resolution or a detailed motion outlining what exactly is being approved.) In evaluating the out-of-state travel request, the Council will consider the following: a. Whether the elected official will be receivin training on issues relevant to the City or to his or her role as the Mayor or Councilmember; b. Whether the elected official will be me d networking with other elected officials from around the country to e g q~gS on topics of relevance to the City or the official roles oflocal el ficials;' c. Whether the elected official will b g a city facility or function that is similar in nature to one that is CUff erating at, or under consideration by the City where the purpose fo study the facility or function to bring back ideas for the consideratio I Council; d. Whether the elected offi a specifically assigned by the Council to visit another city for the pu ishing a goodwill relationship such as a "sister-city" relations 0 e below); e. Whether the electiiillflS been specifically assigned by the Council to testify on behal if"the United States Congress or to otherwise meet with federal of half of the City; f. Whether the City Ii Icient funding available in the budget to pay the cost of the trip. 2. No reimbursements will be made for attendance at events sponsored by or affiliated with political parties. 3. The City may make payments in advance for airfare, lodging and registration if specifically approved by the Councilor all payments will be made as reimbursements to the elected official. 4. The City will reimburse for transportation, lodging, meals, registration, and incidental costs using the same procedures, limitations and guidelines outlined in the City's policy for out-of-state travel by city employees. (If the city does not currently have a policyfor City employees, consider adding the following: 5. Mileage ,viII be reimbursed at the IRS rate. If hvo or more council members travel together by car, on (v the driver ,viII receive reimbursement. The Ci(1' will reimbursefor the cost o/renting an automobile. [fnecessary to conduct citr business. I> i \)1) ... \ 6. Receipts are required for lodging, airfare, and meals and should accompany an expense . report form, It is not necessary to have receipts for cabs and tips, l1ze expense report shaff be approved by the City Council on list olbiffsfor payment. 7. The City will not reimburse for alcoholic beverages, personal telephone caffs, costs associated with the attendance of a family member, rental of hIXUl}' vehicles, meal expenses included in the cost of registration, or recreational expenses sllch as golf or tennis. . . P,l~>" ,\t ~ <' j . CITY OF STILLWATER CITY COUNCIL MEETING NO. 05-22 November 15, 2005 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 Absent: None Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Russell Public Works Director Eckles Police Chief Dauffenbach Fire Chief Glaser City Clerk Ward APPROVAL OF MINUTES . Council member Harycki requested that on the last page of the minutes that the word "reform" be replaced with "revisit" regarding the Lumberjack Days Committee. Motion by Councilmember Junker, seconded by Councilmember Milbrandt to approve the November 1, 2005 regular meeting minutes with Councilmember Harycki's change. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation - Shop Locallv Owned Dav Mayor Kimble proclaimed November 19, 2005 to be Shop Locally Owned Day in Stillwater. Joci Tilsen introduced members of the Chamber and the new executive director, Jennifer Severson. Proclamation - American Education Week Mayor Kimble proclaimed November 13-19, 2005 as American Education Week. OPEN FORUM . Nancy Brown, Friends of Stillwater Parks, requested that a temporary spot be located for a memorial bench in Lowell Park. ~ City Council Meeting 05-22 November 15, 2005 \ Motion by Councilmember Harycki, seconded by Council member Polehna directing the . request to the Parks and Recreation Commission to find a temporary location at Lowell Park. Ms. Brown also informed the Council and public of the Friends of Stillwater Parks Open House to be held on Tuesday, November 29,2005 at the Ann Bean Mansion to celebrate their 10th Anniversary. Mr. Don Fixmer reminded the Council of the benefit for the Jazz Orchestra. STAFF REPORTS Councilmember Milbrandt thanked Chief Dauffenbach for the speed sign on Myrtle. Chief Dauffenbach explained that the County installed the sign and at no cost to the City. Fire Chief Glaser stated that the Fire Department received a $600 grant from Wal-Mart for the Fire Life Safety Program. Mr. Glaser provided a presentation of the hurricane area where task forces from Minnesota were sent. Mr. Glaser, Tim Bell and John Nobles were apart of the task force teams that were sent as part of the Minnesota task forces. Public Works Director Eckles provided an update on the 2005 projects. . Councilmember Harycki asked when the new stop sign letters will be sent to affected residents. Mr. Eckles stated that the letters would be sent next week. CONSENT AGENDA Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to approve the Consent Agenda. Ayes: Councilmembers Polehna, Milbrandt, Harycki, Junker and Mayor Kimble Nays: None Resolution 2005-250, directing payment of bills Possible approval of Special Event - Friends of Stillwater Parks - Twinkle Parade Possible approval of banner request - Grand Garage - Ron Vantine Possible approval of AWl Diversified to build and install metal railings and lattice Resolution 2005-251, approving name change from Brine's Inc.; DBA: Brine's Bar & Restaurant to Brine's Bar & Restaurant LLC, DBA: Brine's Bar & Restaurant Resolution 2005-252, resolution amending the assessment roll for the 2005 street improvement project (Project 2005-02, L.1. 365) for property at 305 Greeley . Street South Page 2 of 5 . . I . . City Council Meeting 05-22 November 15, 2005 Resolution 2005-253, approving name change from Acapulco of MN, Inc., DBA: Acapulco Mexican Restaurant to Acapulco of Stillwater, Inc., DBA: Acapulco Mexican Restaurant Resolution 2005-254, approving name change from Bricco Di Vino, Inc. DBA: Cesare's Wine Bar to Cesare's Wine Bar, LLC; DBA Cesare's Wine Bar PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS Lonq Lake Update Public Works Director Eckles provided an update on the possible dredging of Long Lake. He stated that the cost of the dredging would be approximately $50,000. He also explained an analysis of the control structure's performance during the recent 1 O-year storm, which the original model completed by EaR predicted the lake would take 4.3 days for a 1 OO-year 6" rainfall event to return back down to an elevation below 891' and that the 1 O-year event which is over a 4" rain event, took only 2.9 days to get back below an 891' elevation therefore the structure is operating as it was intended. It was Council consensus that the dredging of Long Lake still be done this winter. Motion by Councilmember Polehna, seconded by Council member Harycki directing staff to continue with the dredging of Long Lake. All in favor. NEW BUSINESS Possible approval of resolution aoorovina renewals of On-sale. Off-sale. Club. Wine. Sunday On-sale. On-sale 3.2%. off-sale 3.2% liauor licenses and tobacco licenses for 2006 Motion by Council member Milbrandt, seconded by Councilmember Junker to adopt Resolution 2005-255, approving renewals of on-sale, off-sale, club, wine, Sunday on- sale, on-sale 3.2%, off-sale 3.2% liquor licenses and tobacco licenses for 2006 with the name changes listed on the consent agenda. Ayes: Councilmembers Polehna, Milbrandt, Harycki, Junker and Mayor Kimble Nays: None Possible aooroval of resolution determinina the necessity for and authorizinq the -------- .. - acquisition of certain prooertv bv oroceedinas in eminent domain . Page 3 of 5 .~ City Council Meeting 05-22 November 15, 2005 \ City Attorney Magnuson explained that there are two easements for sidewalks . and utilities needed from two property owners in the Liberty on the Lake 2nd & 3rd Additions and requested that Council authorize the acquisition of these easements through proceedings in eminent domain. Motion by Council member Junker, seconded by Councilmember Polehna to adopt Resolution 2005-256, resolution determining the necessity for and authorizing the acquisition of certain property by proceedings in eminent domain. Ayes: Councilmembers Polehna, Milbrandt, Harycki, Junker and Mayor Kimble Nays: None Reauest for consideration of annexation of Libertv West Community Development Director Russell reviewed the annexation request from Chris Aamondt to annex an eight acre parcel of land adjacent to the Liberty development. He stated that access was planned as part of the Liberty Development with utilities stubbed and two roads providing access to the site. He continued by informing the Council that the property is not located in the Boutwell South Planning Areas and that traffic impact would be disbursed into the Liberty Development and to CR 15 or CR 12. The Planning Commission voted to support the "concept" based on the proposed plans and the next step would be Council support of the annexation, then a specific PUD, subdivision and . zoning planning review by the Planning Commission, Joint Stillwater Township/City Planning Board and City Council is required before annexation. Motion by Councilmember Milbrandt, seconded by Councilmember Junker to support the annexation of the proposed Liberty West 8 acre site. All in favor. Possible first readina of an ordinance amendina Chaoter 31 of The Stillwater City Code. Zonina. ~31-1. Subd. 26: Sian Reaulations City Attorney Magnuson reviewed the proposed ordinance. The ordinance would remove the requirement for a building permit for signs which is not part of the sign process. Motion by Councilmember Polehna, seconded by Councilmember Junker to approve the first reading of an ordinance amending Chapter 31 of The Stillwater City Code, Zoning, ~31-1, Subd. 26; Sign Regulations with the second reading to be on the December 6,2005 agenda. Ayes: Councilmembers Polehna, Milbrandt, Harycki, Junker and Mayor Kimble Nays: None Possible aooointment to Heritaae Preservation Commission . Page 4 of 5 " I City Council Meeting 05-22 November 15, 2005 . Mayor Kimble reviewed the memo from the Heritage Preservation Commission recommending the appointment of Scott Zahren to the Commission. Motion by Council member Junker, seconded by Council member Harycki to adopt Resolution 2005-257, appointment to the Heritage Preservation Commission. Ayes: Councilmembers Polehna, Milbrandt, Harycki, Junker and Mayor Kimble Nays: None ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Harycki to adjourn at 8:07 p.m. All in favor. Jay L. Kimble, Mayor ATTEST: . Diane F. Ward, City Clerk Resolution 2005-250, directing payment of bills Resolution 2005-251, approving name change from Brine's Inc.; DBA: Brine's Bar & Restaurant to Brine's Bar & Restaurant LLC, DBA: Brine's Bar & Resta u ra nt Resolution 2005-252, resolution amending the assessment roll for the 2005 street improvement project (Project 2005-02, L.l. 365) for property at 305 Greeley Street South Resolution 2005-253, approving name change from Acapulco of MN, Inc., DBA: Acapulco Mexican Restaurant to Acapulco of Stillwater, Inc., DBA: Acapulco Mexican Restaurant Resolution 2005-254, approving name change from Bricco Di Vino, Inc. DBA: Cesare's Wine Bar to Cesare's Wine Bar, LLC; DBA Cesare's Wine Bar Resolution 2005-255, approving renewals of on-sale, off-sale, club, wine, Sunday on-sale, on-sale 3.2%, off-sale 3.2% liquor licenses and tobacco licenses for 2006 Resolution 2005-256, resolution determining the necessity for and authorizing the acquisition of certain property by proceedings in eminent domain. Resolution 2005-257, appointment to the Heritage Preservation Commission . Page 5 of 5 ,~~..:.'?.m'j;-m: -", Cit~ ot g UQQwateh, uUi~~egota cp hocQa~atio~ WHEREAS, Friends of Stillwater Parks was formed in 1995; and WHEREAS, Friends of Stillwater Parks plant and maintain all flowerbeds within the City parks; and WHEREAS, Friends of Stillwater Parks administers the memorial bricks and benches placed in the City parks and right-of-ways; and WHEREAS, Friends of Stillwater Parks provides community service through the buckthorn removal and debris cleanup in the City's raVInes. . NOW, THEREFORE, I, JAY L. KIMBLE, by virtue of the authority vested in me as Mayor of the City of Stillwater, do hereby proclaim the 7th day of December as: FRIENDS OF STILLWATER PARKS' DAY in Stillwater, Minnesota and urges that the citizens of Stillwater, Minnesota give full support of their efforts toward providing community services for the enhancement of the City's parks. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 6th day of December, 2005. uUayo/r LIST OF BILLS .HIBIT n An TO RESOLUTION #2005-258 Abrahamson Nurseries Action Rental, Inc. All Star Wireless Aspen Mills Ballis, Tom Bonestroo. Rosen, Anderlik Bryan Rock Products Carquest Catco Cingular Wireless Citi-Cargo & Storage City of Bayport City of Mahtomedi Clarey's Clark. Luann CMC Rescue, Inc. Crysteel Truck Equipment Curt's Automotive Repair Denny Hecker Auto Connection Empson, Donald .e Guard Sprinkler Service alles Corporation Galls GCR Minneapolis Truck Tire Center Gopher State One Call Greeder & Mondor Electric Co. Iceman Industries, Inc. Infratech, Inc Interstate All Battery Jefferson Fire & Safety, Inc. Johnson, Ron Knauss, Chantell Lake Superior College Landmark Development Group League of Minnesota Cities Leisure Pro Long, James Mac Queen Equipment Inc. Machovec Menards MN Department of Agriculture Napa Auto Parts Arth American Salt Co. -'orthern Tool Office Depot Orrin Thompson Homes Mountain Ash Tree Liquid Propane Annual Maintenance Contract Uniforms Reimburse for Training & Education Professional Services Gravel Equipment Repair Supplies Equipment Repair Supplies Cell Phone Rental Unit Ed Cain Lobbying Cost Reimburse Mahtomedi for Annual Installment for Ice Arena Recharge Fire Extinguisher Cleaning at Public Works Rappel Rescue Gloves Equipment Repair Supplies Install New Fuel Pump 3000 Mile Service Work on Conservation District Fire Sprinkler Inspection General Supplies Uniform Boots Equipment Repair Supplies October Billable Tickets Equipment Repair Charges Road Salt Additive Sewer Nozzel Head Assembly Equipment Repair Supplies Minor Equipment Reimburse for Minor Tools November Expenses MN/DOT Technical Certification Program Grading Escrow Refund Seminar/Conference Registration Fees Pelican Floats Reimburse for Work Boots Equipment Repair Supplies Safety Equipment General Supplies Non-Commercial Pesticide Applicator Licenses Small Tools Road Salt Small Tools Office Supplies Grading Escrow Refund 72.42 101.18 1,596.00 573.34 225.00 723.98 174.46 490.65 181.07 39.70 217.76 578.55 17,500.00 60.17 210.00 102.00 1,573.26 410.62 66.91 4,000.00 310.00 372.95 86.63 148.93 371.25 1,213.00 7,668.00 1,394.23 378.92 667.87 356.74 70.44 100.00 1,500.00 1,304.00 105.45 100.00 975.93 557.16 236.32 20.00 298.97 31,581.51 63.85 721.39 18,250.00 EXHIBIT" A" TO RESOLUTION #2005-258 Parts Associates, Inc. Quill Corporation Roettger Welding Sensible Land Use Simplex Grinnell LP Smith, Ryan Sprint PCS St. Croix Recreation Co. St. Joseph Equipment Stillwater Motor Company Stillwater Title company T.A. Schifsky & Sons United Laboratories United Rentals US Bank Valley Tree Service Verizon Wireless Volunteer Firefighters Benefit Washington County Dept. Washington County Recorder Workwell Occupational Yocum Oil Co. Zee Medical Service MANUALS NOVEMBER 2005 Mainstream Development Washington County Department of Health Washington County License Center ADDENDUM TO BILLS Ace Hardware ADP Screening Amdahl, Chris Ancom Technical Aspen Mills AT&T BCA Training and Investigative Services Benck Mechanical Board of Water Commissioner Brady, Doug Carquest Century Power Equipment Clarey's Coca Cola Comcast Page 2 Equipment Repair Supplies Office Supplies Equipment Repair Charges Seminar/Conference Registration Fees Fire Alarm System Service Reimburse for 2 Courses Cell Phone Park Play Equipment & Installation Equipment Repair Supplies Equipment Repair Supplies Refund Duplicate Assessment Payment Asphalt & Boutwell Road Project Silicone Tape Equipment Repair Supplies Paying Agent Fees Storm Debris Removal Cell Phone Subscriptions Hazardous Waste Disposal Printing and Publishing Services Onsite Fuel First Aid Supplies 2nd Half 2005 TIF #1 collections License Renewal for Rec Center Tax & Registration for L8500 Equipment Repair Supplies Drug Screen Service Call MDT Repair Uniforms Telephone Training Registration/J. Stender Dehumidifier Repair Hydrant Extensions Reimburse Mileage Vehicle Repair Supplies Equipment Repair Supplies Switch. Heater Switch Soda for Concessions Cable 571.9_ 318.23 7.00 30.00 288.75 200.00 858.60 32,836.87 641.88 208.82 2,946.17 366,995.60 294.15 26.93 172.50 5,650.00 311.55 44.00 166.83 184.00 311.00 8,641.. 69.7'!' 18,429.20 615.00 3,530.92 79.68 40.00 190.00 252.66 35.73 107.34 120.00 444.70 740.00 59.17 130.75 130.. 38.2"" 2.205.80 68.33 EXHIBIT" A" TO RESOLUTION #2005-258 'oordinated Business Systems Cope Plastics, Inc Cub Foods Cunningham, Don Dauffenbach, Larry Eichten's Service & Repair First Line GCR Tire General Security Services Corp Greatland Holiday Huckels, Paul Ice Skating Institute Insight Integra International Code Council Jansen's Cleaning Service Legislative Associates Magnuson Law Firm Maritronics, L TD Menards 6.J Offices of Enterprise Technology ~orthland Chemical Office Depot Office Max Qwest R & R Specialties Riedell Shoes Rivertown Newspaper Group Sprint St. Croix Boat & Packet Strobes N' More S ysco TransUniton Valley Access Channels Verizon Viking Wal-Mart Watson Company Xcel Zephyr the Hat Zoller, Robert . Maintenance Contract Poly Carb for Ad's at Rec Center Concession Supplies Prespray and Extract Carpeting Lunch for Interview Staff Equipment Repair Supplies Concession Supplies Tires Alarm System Monitoring Office Supplies Gas (Rec Center) Refund Skate Rental Exhibition Endorsement PC Anywhere, Battery Telephone Seminar Registration Maintenance Agreement November Services Services Through November 25th, 2005 Replaced Amp for Sound System at Rec Center Equipment Repair Supplies Wide Area Network Usage, October Cleaners Office Supplies Office Supplies Telephone Repair to Zamboni Rental Skates Publications PCS Connect Card Data Plan October 2005 Billing Talon Concession Supplies Employment Credit Report (2) Shock Mount F/LM-300 Series Cell Phone Reset Sprinkler System Misc. Supplies Concession Supplies Electricity & Natural Gas Hats for Concessions Reimburse for Supplies Page 3 382.34 1,108.46 73.41 1,600.00 54.00 235.00 1,308.71 268.38 64.84 246.89 14.09 25.00 25.00 442.36 901.36 310.50 200.00 3,833.00 20,655.63 1,251.75 644.09 140.83 86.74 229.66 103.04 684.45 70.82 307.26 98.55 842.96 30,823.22 472.98 249.66 61.55 99.00 271.86 250.00 125.32 172.40 25,116.03 1,201.39 128.83 EXHIBIT " A" TO RESOLUTION #2005-258 Adopted by the City Council this 6th Day of December, 2005 Page 4 TOTAL 641,926.02 . STAFF REQUEST ITEM Department: MIS Date: 12/06/05 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of a desktop for the Engineering 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) Money for this was budgeted in the 2005 capital outlay plan. Cost will be $1369.28 plus tax. 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: 12/06/05 . MIsota State Store - NASPO I WSCA Contract# A63307: curr.~-quote .L I ul3 Dell recommends Windows@ XP Professional Buy Online or Call 1-888-694-1402 DeLI;' USA~ Minnesota State Store - NASPO I WSCA Contract# A63307 Systems Software & BACK TO: Premier Home> My Cart Your current E-quote Number E007133436 Detail Help with E-quotes (c::li<:;k H_~~) \/12V.,i Ontions Sub Total Price*: $1,369.28 Custom links Contact 1:1 E-Quotes I 'Fr My Cart r Vie,v r: Vie"'\! Surnmary Unit Price $1,369.28 Item Tot.l! $1,369.28 Description Qua ntity 1 OptiPlex GX520 MT with Int Broadcom@ GbNIC Intel@ Pentium@ 4 11 Processor 640 with HT (3.2GHz, 2M, 800MHz FSB) Reconfigure filii Remove Update Date: Catalog Number: OptiPlex GX520 MT with Int Broadcom@ GbNIC: Operating System(s): File System: Memory: Keyboards: Monitors: Boot Hard Drives: http:// cart. dell. COl11/rcol11l11/basket. asp Tuesday. December 06, 2005 9:27:08 AM CST 84 RC956882 Intel@ Pentium@ 4 Processor 640 with HT (3.2GHz, 2M, 800M Hz FSB) 532T2 - [ 221-9635 ] Genuine Windows@ XP Professional, SP2. with Media XPP2E - [ 420-4850 ] NTFS File System for all Operating Systems NTFS - r 420-36991 2.0GB DDR2 Non-ECC SDRAM.533MHz, (2DIMM) 2G2N52 - [311-5017] Dell USB Enhanced Multimedia Keyboard USBM-[310-6611 ] Dell 19 inch UltraSharpTM 1905FP Flat Panel, Adjustable Stand, VGAIDVI 1905FP - [ 320-4109 ] 80GB SATA. 7200 RPM Hard Drive with 8MB Data Burst Cache™ 80S - r 341-22831 12/6/2005 Minnesota Stale Store - NASPO I WSCA Contract# A63307: Current E-4uote Page 2 or.) Floppy: Mouse: Lead Free Motherboard: Removable Media Storage Devices: Audio Solutions: Speakers: Resource CD: Serial Port Adapter: Hardware Support Services: Installation Support Services: add item to your E-qllote Details uote Saved By Saved On Expires On Phone Number htllart.deJ] .com/rcomm/basket.asp 1.44MB 3.5 Inch Floppy Drive FD - [341-2266] Dell USB 2-Button Optical Mouse with Scroll USBO - r 310-66091 RoHS Compliant Lead Free Chassis and Motherboard ROHS - [ 341-2663 ] 48X32 CDRW/DVD Combo.with Cyberlink Power DVDTM COMBO - [313-33371 Integrated AC97 Audio INTSND - r 313-8170] Dell™ AS501 Sound Bar, for all UltraSharp ™ Flat Panel displays AS501 - [313-3434) No Resource CD NORCD - r 313-3673 1 PS2 Serial port adapter, full height SERIALF - r 310-66181 3 Year Limited Warranty plus 3 Year NBD On-Site Service U30S - [ 900-6630 1 r 960-2402 1 r 983-2207 1 r 983-2217 ] No Onsite System Setup NOINSTL - r 900-9987 1 E-quote Sub Total: Estimated Shipping: Estimated Tax: State Environmental Fee: E-quote Total*: $1,369.28 Not Calculated Not Calculated $0.00 Not Calculated Rose M Holman(rholman@ci.stillwater.mn.us) 12/6/2005 1/20/2006 (651) 430-8804 . _/6/2005 . Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 444 Cedar St-Suite 133 S1. 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 TYPE OR PRINT INFORMATION NAME OF ORGANIZATION 5/! L{ Lt./'Ii?73>/L yC/'l--/F2,r5 i~ S1fEJ; ~~E~~S 1-(;) ~> NAME OF PERSON MAKING APPLICATION fll e/l L!.- U /rJ'J rr? I /L/ /~ ~ DATES LIQUOR Wll.L BE SOLD '1' .0-.. /j r';!, r'b} 'jll=-"!~ "--:J J rj f.-_L'-f if , /'l. -.'L J, ORGANIZATION OffiCER'S NAME /7J /l- f2 6 I/? /177 /,?JL/ / /--~ 4 ~ ;J;141.) ORGANIZATION OFFICER'S NAME fJ /'?-L- f7./).-T /3Jl 5-(') /"-( , ORGANIZATION OFFICER'S NAME fl.o() n,L - fL U ell/ 3-1'-/ . /1/I/r7/j 5' . '5 /; t"/~1 DATE ORGANIZED -/1&1/1/2,-; I 'i ~ J.- CITY ,7'//? w/11l2-fL BUSINESS PHONE (t,-fl) ;7- [l ~'5- r J'7 I u TYPE OF ORGANIZATION iZ1CLUB DCHARITABLE DRELIGIOUS DOTHER NONPROF ADDRESS /Y1 ,t:I (r 'Iv,r; t'?: I) / 4 I t- ~ /JJ /lId </t:' /776,) I /I v r=: I rn H, {) -5'1 /i: ADDRESS ' 1'1 e? r W ~/f t4/ r I? /;1/L-) ADDRESS I ~ / ~ /l'll3l'll}L?L-</.<-#7 /1 k 0'2 -5 "'i'o 9 L TAX EXEMPT NUMBER D f.. i.'7 ro 5 ;J.. 1.e.7 STATE . ZIP CODE rJ/N 5'"~Og2 HOME PHONE (tj() <--/ J <7 r &~^3 9 6.iS'OZbL Location where license will be used. If an outdoor area, describe 5" '; ( C c v/(,R1- '(/..3/l. IJ L/.'J L/~_ ,_I. .;/ /). ;; M c/J /<:'.-....' _ . ,;/" V~Pr /t.- " Will !be-..a applicant. contractjQr intoxicating liquor services? If so, give the name arid address of the liquor licensee providing the service. 'b4~/Jq~Ya;/??,. _ _ ., F- 5' V '/ L y,-:=-d_ ;:,. f..u / /--/ /->) ,< /// / /L-~/ / ;t 1- -;J JL --::) f!A/' /2. V ( ? (2../2-z;^2S^ ;- b .::. V IJ" :5 7> [ L~ At ;/77/7. -5 \D :? 2 Will the applicant carry liquor liability insurance? If so, the carrier's name and amount of coverage. (NOTE: Insurance is not mandatory.) H / J:t. APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBI\-u. III ~G TO ALCOHOL & GAMBLING ENFORCEMENT CITY/COUNTY City of Stillwater DATE APPROVED CITY FEE AMOUNT $25.00 per day LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED Alcohol & Gambling Enforcement Director . Note: Do not separate these two parts, send both parts to the address above and the original signed by this division will be returned as the license. Submit to the city or County at least 30 days before the evenL PS-09079 (6/ . . . ~emo DATE: December 6,2005 TO: Mayor and City Council Chantell Knauss~~ Director of Administration FROM: RE: Amended and Restated 457(b) Governmental Plan Document for Nationwide Retirement Solutions, Inc. (formerly PEBSCO) Deferred Compensation Plan , I Back2:round The City of Stillwater offers two active supplemental retirement plans (Nationwide Retirement Solutions and the MN State Plan) for eligible employees to voluntarily participate. These planes are known as Deferred Compensation plans or 457(b) under the Internal Revenue Code. The amendments are being proposed due to the US Dept. of Treasury's issuing of final regulations for Section 457 under the Internal Revenue Code. The IRS requires that governmental 457(b) plans conform to the final regulations as of January 1, 2006. Most of the changes in the new Plan Document have been made so they are consistent with the language in the model amendments. In addition, a few substantive changes were incorporated to provide participants with additional flexibility with their accounts, as allowed in the final regulations. Attached for your review is an "Explanation of Substantive Changes' for the Nationwide Retirement Solutions Plan Document which are included in the Amended and Restated 457(b) Governmental Plan Document. The Plan Document provides the framework under which the plan is administered. Recommendation Staff recommends the City Council adopt the attached Resolution approving the Amended and Restated 457(b) Government Plan Document with Nationwide Retirement Solutions, Inc. Deferred Compensation Plan for Public Employees. RESOLUTION NO. 2005-264 APPROVING THE AMENDED AND RESTATED 457(b) PLAN DOCUMENT WITH NATIONWIDE RETIREMENT SOLUTIONS, INC. BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the Amended and Restated 457(b) Government Plan Document with Nationwide Retirement Solutions, Inc. Deferred Compensation Plan for Public Employees, is hereby approved, effective January 1, 2006. Adopted by the City Council this 6th day of December 2005. Jay Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . . . . . . Explanation of Substantive Changes The IRS issued model amendments incorporating the proyisions of Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA), the final regulations, and other pertinent IRS rulings and related legislation. Although the model amendments are for guidance only and do not haye the effect of law, they haye been incorporated into your 457(b) governmental Plan to the extent applicable. The following is a brief description of modifications to the Plan document consistent with the final 457(b) regulations, the 457(b) model amendments, subsequent IRS guidance, proposed regulations, and other pertinent legislation. The specific Plan section is included so that you can refer to the Plan document. The Plan Document will be effectiye January 1,2006. ARTICLE I Definitions Account Balance ~ Account balance is a ne\v term adopted by the IRS in the model amendments. The account balance is defined as the bookkeeping account maintained for each participant in the Plan. \V'ithin the account balance are sub-accounts, such as Plan Sponsor contributions, eligible rollover account(s), and plan-to-plan transfers into the Plan. Beneficiaries and alternate payees have separate account balances. [Section 1.01 (b)] Alternate Payee - An alternate payee is a person entitled to receiye a benefit through a Domestic Relations Order (DRO). DROs are now a standard feature of your Plan. [Section 1.01 (c)] Includible Compensation - This Plan adopts the model amendments' definition of includible compensation, to determine 100% of includible compensation contribution limit. Includible compensation is defined as W-2 compensation adjusted for elective deferrals. [Section 1.01 (j)] Normal Retirement A~ - The normal retirement age has not been modified and remains age 65, unless otherwise designated. Howeyer, the Plan nmv includes the special rule for determining normal retirement age applicable to police and firefighters. The final 457 regulations permit qualified police and firefighters to use an earlier normal retirement age, but no earlier than age 40. [Section 1.01 (m)] Definition of Spouse - The Plan adopts the definition of spouse under the federal Defense of Marriage Act (DO~L\), which is a person of the opposite sex who is a husband or \vife. [Section 1.01 (u)] ARTICLE II Election to Defer Compensation Deferrals During Leaves of Absence and Disability - Participants on leave of absence and participants who are disabled may continue to make deferrals to the extent that compensation continues to be paid. Disability benefits do not constitute a continuation of compensation. [Section 2.07 and 2.08] ARTI CLE III Limitations on Amounts Deferred . Aggregation with Other 457(b) Plans - The 2003 final regulations require aggregation of 457 (b) governmental plan contributions whether or not the plans are related. If the participant is contributing to an unrelated 457(b) governmental plan as well as to your 457(b) Plan and the contributions cause the participant to exceed the limits, the plans will not lose their tax-favored status. The Plan places the responsibility on the participant to provide participation information to the Plan Sponsor to monitor annual deferral limits. [Section 3.04] Correction of Excess Deferrals - The model amendments permit the Plan to unilaterally correct excess deferrals during the plan year. Nationwide will distribute the excess deferrals at your direction as soon as administratively practicable. [Section 3.05] Deferrals from Certain Sick Pay. Vacation Pay~ and Back Pay - The proposed regulations recently issued by the IRS regarding Internal Revenue Code, as amended, Section 415 include a proposed amendment to Treasury Regulations 1.457-4(d) regarding deferrals of sick, vacation and back pay for former employees. Such deferrals may be made within 2 1/2 months following severance from employment. This applies also to compensation paid to participants who are permanently and totally disabled, and compensation paid to participants relating to qualified military service under IRS Code section 414(u). [Section 3.06] ARTICLE IV Plan Sponsor Contributions Plan Sponsor Contributions - Although not included in the model amendments, the Plan continues to permit the Plan Sponsor to make contributions should it desire to do so. [Section 4.01] . ARTICLE V Distribution of Benefits Benefit Distributions under Annuity - The model amendments assume that there is a trust for an eligible 457(b) governmental plan is a trust. However, this Plan permits the use of a trust, custodial agreement and/ or an annuity contract. In-Service Distributions from Eli~ible Rollover Accounts - IRS Revenue Ruling 2004-12 permits distributions of rollovers to the extent such rollovers are maintained in a sub-account. The Plan maintains separate accounting for rollovers into the Plan making such rollovers eligible for in- service distributions. [Section 5.08] Unforeseeable Emergency Distributions - The 2003 final regulations permit participants and beneficiaries to take unforeseeable emergency distributions. The model amendments provide that only participants are eligible for unforeseeable emergencies. Presumably this is because beneficiaries are entitled to take distributions at any time. For this reason, the Plan refers only to participants being eligible for unforeseeable emergency distributions; beneficiaries are eligible for distributions at any time. [Section 5.09] Due to emergency legislation enacted as a result of Hurricanes Katrina, Rita, and \\'ilma, a provision has been incorporated that permits the Plan to amend its criteria for unforeseeable emergency . distributions accordingly without the need to further amend the Plan document. j . Voluntary In-Service Distributions - The 457(b) regulations permit distribution of smaller accounts of S5,000 or less be distributed if there have been no prior voluntary de minimis distributions and no deferrals made in the prior t\VO years. The model amendments assume mandatory de minimis in-service distributions. However, the Plan does not adopt this provision and continues to permit de minimis in-service distributions on a voluntary basis. [Section 5.10] ARTICLE VI Eligible Rollovers and Plan-to-Plan Transfers Sub-Account for Eligible Rollover Contributions - IRS Revenue Ruling 2004-12 permits distributions of rollovers to the extent such rollovers are maintained in a separate account. The Plan maintains separate accounting for rollovers into the Plan and such rollovers are eligible for in-selTice distributions. [Section 6.01 (b)] Loans - The model amendments related to loans are not included in the Plan document. Loans continue to be an available feature that may be added on to your Plan. If your Plan currently offers loans, the loan amendment continues to be part of your Plan document and is incorporated in this Plan document accordingl\'. ARTICLE VII Domestic Relations Orders . Domestic Relations Orders - The Plan now includes the acceptance of DROs as a standard Plan feature. The previous DRO amendment has been incorporated into the Plan document. The Administrator will continue to review and process DROs submitted to the Plan. [Sections 7.01-7.05] ARTICLE IX Investment of Deferred Amounts Limitations on Transfers and Exchan~ - Although generally the Plan permits participants, beneficiaries, and alternate payees to self-direct its investment selections with minimum limitations, there are some investment options that have restrictions that will be imposed. In addition, the Plan provides for market timing restrictions in accordance with restrictions imposed by a funding provider, the Administrator, and/or a regulatory agency. [Section 9.04] ARTICLE XII Miscellaneous . Non-Assignability - 457(b) governmental plan assets remain non-assignable. With certain exceptions, such assets cannot be transferred. However, the model amendments permit the Plan to attach the assets of a participant, beneficiary, or alternate pavee to pay a federal income tax levy. Under the Bankruptcy Abuse Protection and Consumer Protection Act of 2005, assets in an eligible 457(b) plan may be exempted from bankruptcy proceedings. [Sections 12.cn and 12.02] Mistake of Fact Rule - The model amendments extends and adopts the mistake-of-fact rule found in IRS Revenue Ruling 91-4 applicable to ERISA qualified plans. Although not subject to ERISA, 457(b) governmental plans are permitted by the IRS to refund mistaken contributions \vithin one year after the pa\'ment of the mistaken contribution. [Section 12.03] NATIONWIDE RETIREl\IENT SOLUTIONS, INC. DEFERRED COMPENSATION PLAN FOR PUBLIC l~MPLOYEES . AMENDED AND RESTATED 457(b) GOVERNMENTAL PLAN DOCUMENT Effective January 1, 2006 The Plan consists of the prm"isions set forth in this document, and any loan amendments which are incorporated as If fulh' re\\Titten herein, and is applicable to each Public Emplovee who elects to participate in the Plan, The Plan is effective as to each such Pubhc Employee upon the date he becomes a Participant by entering into and fihng \\'ith the j\dministrator the Participation Agreement referred to herein. ARTICLE I Definitions 1.01. The follm\'lI1g terms shall, for purposes of this Plan, have the meaning set forth bclmv. ADMINISTRATOR means Nationwide Retirement Solutions, lne. OJ) ACCOUNT BALANCE means the bookkeeping account maintained with respect to each PartiCIpant whICh retleers the value of the deferred Compensation credited to the Participant, including the Participant's Annual Deferrals, the earnings or losses of the Participant's account (net applicable account expenses and fees) allocable to the Participant, The Account Balance includes af1\' Plan Sponsor contributions under Section 4.01, any Ehgible Rollover Accounts(s), am' plan-to-plan transfers, and any account established for a Beneficiary after a Participant's . death. I f a Participant has more than one Designated Beneficiary at the time of the Participant's death, then a separate account shall be estabhshed and maintained for each Beneficiary. (c) ALTERNATE PAYEE means a person entitled to receive a benefit under the Plan through a Domestic Relations Order, as defined in IRC Section 414(P)(8). (d) ANNUAL DEFERRAL means the amount of Compensation deferred by a Participant during a calendar year of Compensation and any contributions by the Plan Sponsor to the Participant's account. (e) BENEFICIARY means the person(s) properly designated by a Participant under Section 8.01 Designation of Beneficiary, or, if none, the Participant's estate, which is entitled to receive benefits under the Plan after the death of the Participant. (f) COMPENSATION means all cash compensation for services to the Plan Sponsor, including salary, wages, fees, commissions, bonuses, and overtime pay that is includible in the Public Emplovee's gross income for the calendar year, plus amounts that would be cash Compensation for services to the Plan Sponsor includible in the Pubhc Employee's gross income for the calendar year but for a Compensation reduction election under IRC Sections 125, 132(f), 401 (k), 403(b), or 4570)), including an election to defer Compensation under Article II Election to Defer Compensation of the Plan. ELIGIBLE RETIREMENT PLAN means an individual retirement account described 111 IRe Secuon 408(al, lI1di\'jdual retirement annuity described in IRC Section 408(b), a CJualified trust deSCrIbed 111 IRC ScctJon 401 an ;\Ilnuit\ plan described in IRC Section 403(a) orH an . eligIble ,l:mcrt1mcntal plan described 111 IRe Section 45- [) ", F \ (! . ELIGIBLE ROLLOVER ACCOUNT ml'~m till' :;CP;IL1tL bookkccpll1!! ~CC<JUl1ti" I11;1JIlt~Jl1cd bl the _\dmllllstratur \Ilthin the Plan for a P;lrtlClP;llH for ;111l0unb of conrributlom under Section Cl.U] ELigible RollO\er Contnbut]uns to the Plan. roUo\'cr (ii ELIGIBLE ROLLOVER DISTRIBUTION means an Eligible Ro]]O\'er Distribution as defined in IRC SectlOn 402(c)(4), including Eligible Ro]]m-er Distributions to a sUrl-iving Spouse under IRC Section 402(c)(9). (j) INCLUDIBLE COMPENSATION means a Public Employee's actual wages in box 1 of Form \\"-2 for a given year for services performed for the Plan Sponsor, but subject to a maximum of $200,000 (or such higher maximum as may apply under IRC Sectjon 401 (a)(17)) and increased (up to the do]]ar maximum) bv any Compensation reduction election under IRC Sections 125, 132(tj, 401 (k), 403(b), or 457(b), including an election to defer Compensation under Section 2.02 Election Required for Participation. (k) INDEPENDENT CONTRACTOR means any person receiving anI' type of Compensation from the Plan Sponsor or any of its agencies, departments, subdivisions or instrumentalities for which serl.ices are rendered pursuant to one or more written or oral contracts, if such a person is not a Public Employee. (I) IRC means the Internal Revenue Code of 1986, as now in effect or as hereafter amended. AU citations to sections of the Code are to such sections as thev mal' from time to time be amended or renumbered. . (m) NORMAL RETIREMENT AGE means any age that is on or after the earlier of age 65 or the age at which Participants have the right to retire and receive, under the basic defined benefit pension plan of the employer (or a monel' purchase plan in which the Participant also partiClpates if the Participant is not eligible to participate in a defined benefit plan), Immediate retirement benefits without actuarial or similar reduction because of retirement before some later specified age. However, the Normal Retirement Age shall not be later than age 70 '/z. Alternatjvely, a Plan may provide that a Participant is allowed to designate a Normal Retirement Age within these ages. For purposes of the special Section 457 catch-up in Section 3,03 Special Section 457 Catch-up Limitation, an entity sponsoring more than one eligible plan shall not permit a Participant to ha\'e more than one Normal Retirement Age under the eligible plans it sponsors. Special Rule for Eligible Plans of Qualified Police or Firefighters. An eligible plan with Participants that include qualified police or firefighters as defined under IRC Section 415(b ) (2) (H) (ii) (I) may designate a Normal Retirement Age for such qualified police and firefighters that is earlier than the earliest Normal Retirement i\ge designated under the genera! rule above, but in no event may the Normal Retirement j\ge be earlier than age 40. Alternatively, a Plan may allow a qualified police or firefighter Participant to designate a Normal Retirement Age that is between age 40 and age 70 '/2, . (n) PARTICIPANT means an indi\'idual who is currentlr defernng Compensation or who has previously deferred Compensation under the Plan br salar,' reduction and \vho has not received a distribution of 1115 entire Account Balance under the Plan. Onl\" indi\lduals who perform services for the Plan Sponsor as a Public Employee or Independent Contractor mar defer Compensation under the Plan. .2 1),,\ PARTICIPATION AGREE:\lENT IllUII' the .1PI'IiC1tIIII] t\l LIllI)11 .1I1d p;llllllp;ltL III the PLIll thell I' C( )l1ll'lued ])\' the PubiJc Fl1ll'lmcc ;111d jw)\xlcd to thc ,\dllllnlstrarot'. The Panicip;1t10n \l.:rL'CI11Cnr (orm fur this purpost' shall be prU\'idcd h\' the .'\c1mlOistLllOr and \\,11] h;1\e no effect unn!lt IS sIgned, tiled \\ith the Admll1lstrawr b\' the Participant, and accepted b\' the \dmlnistrator prior to the PaniClpant's death, . (P) PLAN means the Plan for Public Emplovees as set forth in this plan document and as it may be amended from time to tjme. (c0 PLAN SPONSOR means the county, munlCipalitv, or other instrumentality of the State, which IS an eligible governmental emplover pursuant to IRC Section 45i(e)(1), for which services are performed bv Public Emplovees, and which participates in this Plan. (r) PLAN YEAR means the calendar year in which the Plan becomes effective, and each succeeding calendar year dunng the existence of the Plan. (s) PUBLIC EMPLOYEE means anv person who recei\'es any type of Compensation from the Plan Sponsor for sen'ices rendered to the Plan Sponsor (including, but not limited to, elected or appointed officials and salaried employees). (t) SEVERANCE FROM EMPLOYMENT means the date on which the Participant dies, retires or othen\'ise has a Se\'trance from Employment with the Plan Sponsor. An Independent Contractor is considered to have a Severance from Employment with the Plan Sponsor upon the expiration of the contract (or in the case of more than one contract, all contracts) under which services are performed for the Plan Sponsor if the expiration constjtutes a good-faith and . complete termination of the contractual relationship. An Independent Contractor shall not be ' considered Se\'ered from Employment with the Plan Sponsor, and shall not receive any benefits hereunder unless (i) at least 12 months have expired since the date on which the last contract pursuant to which the Independent Contractor provided any sen'ices to the Plan Sponsor was terminated, and (ii) the Independent Contractor has performed no sen,ices for the Plan Sponsor during the 12-month period referred to herein either as an Independent Contractor or Pubuc Employee. (u) SPOUSE means a person of the opposite sex who is a husband or \vife, as defined under Title 28, Chapter 15, Section 1738 of the United States Code. (\,) VALUATION DATE means each business day/the last day of the calendar month/the last day of the calendar quarter/each December 31. 1.02 Gender and Plurals. Whenever used herein, the masculine gender shall include the feminine and the singular shall include the plural unless the provisions of the Plan specifically require a different constructJon, ARTICLE II Election to Defer Compensation 2.01 Eligibility to Participate. Each Public Employee shall be eligible to participate in the Plan and defer Compensation hereunder immediate]\" upon becoming employed by the Plan Sponsor. 2,02 Election Required for Participation. A Public EmplO\u' mav elect to become a PartJcq)?l1t cxecutJng :1 P,lrrlcljX1tJOn ,\greemcnt and conscntjng to defer a ponion of hJS Compensation ]J\' ,1 . ) . 2.03 2.04 . 2.05 IC'llllU]!)!]!>I "iI,lr: !It thl' \lllltull)dlll:il ,1111' IUI1! 'l'CCllil'd IiI thl' 1)lrliCl\).II/!)ll \:e:ICCJl1LlH, ~1i!l1ln'-'. It, :l!1d til!ll,l': II \llth the .\dJl1till'tr.H<!r \ Public Lmpl!):n', h: tilll1,l': thl' P,1rllup:Hion\gn:emenr \\'Ith th,'\clrnllltstrarur, agrees to he boulld h\ :111 till' tcrms alld concllflOI]S of the Plilll. The ,\dll1lnlStrarur 01.1\' establJsh a mInImum deteITal amOUiH, ilnd Illal change such l1lmimum deferral amounts from [[me to time. The PartlClpatJOn ,\grecment shall also Include deslgnatJon of lmeStmenr speCIfications and a deslgnanon of BenefiClaf\'. Failure of the ParticipaiH to properly execute the Particlpauon A,greemeiH wi]] cause am designation of BenefiC1an' thereon to be invalid. i\m BcnericJ;ln' election shall remalJ1 l!1 effect until the PartiCIpant files an executed amendment \,'iith the Admirllstrator pursuant to Section 2.05 Amendment of Participation Elections Information Provided by the Participant. Each Pub]jc Emplovee enrolling in the Plan should provide to the Plan Sponsor at the time of initial enrollment, and later if there are any changes, any information necessary or advisable for the Plan Sponsor to administer the Plan, including, without lJmitation, whether the PubLc Employee is a Participant in anI' other eligible plan under IRC 457(b). Commencement of Participation. A PublJc Emplovee shal! become a Participant as soon as administrau\e1y practicable fo]]O\ving the date the PubLc Employee files a Participation Agreement pursuant to Section 2.02 Election Required for Participation, or is participating as othenvise permitted by law. Such electjon shall become effective no earlier than the calendar month following the month in which the election IS made. However, a new Public Emplo\'ee mal' defer Compensatjon payable in the calendar month during \\'hich the Participant first becomes a Public Emplo\'ee if a Participation Agreement pro\'iding for the deferral is emercd into on or before the first da\' on which the Participam performs services for the Plan Sponsor. Amendment of Participation Elections. Subject to other provisions of the Plan, a PartiCIpant mav at an\, time revise his participation election, including changes to his investment direction and changes to his Designated Beneficiar\'. Changes to the investment direction shall take effect once accepted by the Administrator. 2,O() Amendment of Annual Deferral Election. A Participant mal' revoke an election to participate and may amend the amount of Compensation to be deferred by filing with the Administrator a rC\'ocation or amendment on a form and 111 the proccdural manner approved b\. the :\dministrator. Anv amcndment \vhich increases or decreases the amount of Annual Deferrals for anI' pal' period shall be effectiw on I\' if an agreement pro\'iding for such an amendment is entered into before the begll1ning of the momh in which the pay period commences. Any revocation or amendment of the Annual Deferrals shall be effective prospectively only. Any amendment of the Annual Deferrals, unless the election speCIfies a later effective date, shall take effect as of the first da\' of the next following month or as soon as administratively practicable, if later. 2.07 Leaves of Absence. Unless a deferral election is othenvise revised, if a Participant is absent from work b\' leave of absence, Annual Deferrals under the Plan shall continue to the extent that Compensation continues. 2J18 Participant Disability. J\ disabled Participant may elect to defer Compensation dunng am portion of a pcnod of disabiLtv to the extent the PartiCIpant has actual Compensation (not imputed compensation and not disability benefits) from which to defer to the Plan and has not had a Sewrance from Emplovmem, as determined bv the Plan Sponsor. 209 . Protection of Persons \X1ho Serve in a Uniformed Service. i\ Public Emplo\Te \\hose emplo:mcI1t ]S lf1lerr\lI'tcd b\' qua]jfied militan' selTice under lRC Section 41 or \\ho IS on leave of absence for Cju:tlItied military sef\'ice under IRe ScctJon 414 mal' e1Cel to make,lddlllon:l1 4 j), \nnu,t1 [)l'I'dLtI, UI" ill lC'llll1['U' >11 . it C'l11p[' )\ll1cIH \\llh rhl Phil ~p(Jll,,)r l"[ILlI t,) thl nU\llllllnl ,~nnLLlI DcfLTLlI, tlut thl Puhltc I ,lllp[()I'Ct could hellC clectcd dUrIog th;n pCrIod If the Public Fll1plo\'(:t's clllplOlllllllt \\lth thc PL1I1 :-'poo,or had cUl1tll1ucd the S;IIllC In'll of COlllpc'nS;H1oo; \llthol1t the InterrupUuIl or leal'c, reduced b\ the J\nnua[ Deferrals, If am, actualk made for the Pubuc ElllplO\ee dUrIng the period of the interruption or lea\'c This nght applies for fi\c \TarS follO\\'!l1g the resumption of elllplu\'l11ent (or, If sooner, for a period equal to three times the period of the interruption or lene), . ARTICLE III Limitations on Amounts Deferred 3,01 Basic Annual Limitation. The masimum amount of the Annual Deferral under the Plan for anI' calendar \,ear shall not esceed the lesser of (i) the Basic Annual Limitation or (ii) the Participant's Includible Compensation for the calendar year. The Applicable Dollar Amount is the amount established under IRC Section 457(e)(15) applicable as set forth below: 2002 2003 2004 2005: 2006: 511,000 512,000 $13,000 $14,000 $15,000, adjusted for cost-of-living after 2006 to the estent prO\'ided under IRC Section 41 5(d). 3.02 Age 50 Catch-up Annual Deferral Contributions. A Participant \vho will attain age 50 or more bl' the end of the calendar year is permitted to elect an additional amount of Annual Deferrals, up to the maSlITIum f\ge 50 Catch-up Annual Deferrals for the year. The max.imum dollar amount of the Age 50 Catch-up A,nnual Deferrals for a year is as fo11O\vs: . 2002 2003 2004 2005: 2006: S 1,000 $2,000 53,000 S4,OOO S5,000, adjusted for cost-of-living after 2006 to the estent provided under the IRe. 3.03 Special Section 457 Catch-up Limitation. If the applicable year is one of a Participant's last 3 calendar I'ears ending before the rear in which the Participant attains Normal Retirement Age and the amount determined under this Section 3.03 esceeds the amount computed under Sections 3.01 Basic ,\.nnual Limitation, and 3.02 Age 50 Catch-up Annual Deferral Contributjons, then thei\.nnual Deferral limit under this Section 3.03 shall be the lesser of: (a) An amount equal to 2 times the Section 3,01 Basic Annual Limitation for such year; or (b) The sum of: (J) :\n amount equal to (,-\) the aggregate Section 3.01 Basic /\nnual Limitation limit for the current \'ear plus each pnor calendar \'ear beginning after December 31,2001 during \\'hich the Partlclpanr \\as a PubLtc EmplO\ce under the Plan, mmus CB) the aggregate amount of Compematlon that the P:lrtlClpant deterred under the Plan dUrIng such leal'S, plus . J:)( ::; LJ . \n :1 Jl1 ()U II I l'lilLllll) \ thL' :lggre,C':ate lImit refnred [(I In IRC Section ,l:;~ 1:2; for each I'rIur C:llcnJar \C:lr beglnnJIlg after December ,J I. I 'J~S :lnd before Januarl I, :21111:2 during \\htch the P,Huclp:lnl \\'as a Pubuc LmpIOl"Ce, determllled \\'ithout regard to Section 3.112 .\ge :;(1 ClIch.up Annual Deferral ContributioIlS, and tillS Section 3,03, tmnus em the aggregate contnbutJons to Pre-2002 CoordlllatJon Plans for such \ears, HO\\'C\'Cr, In no e\'ent em the aggregate deferred Jmounts Jncl contributions be more than the PJrtiClpant's Compensation for the calendar year. 3.04 Special Rules. For purposes of this A,rticle III, the follO\\lng rules sl1J1l Jpply: (J) Participant Covered By More Than One Eligible Plan. If the Participant is or hJS been J PartjclpJnt in one or more other eligible pbns within the meaning of IRC Section 457(b) for a gIven \eJr, then thiS Plan and all such other plans sl1J1l be considered as one plan for purposes of applnng the foregOing limitations of this ;\rticle III. For tlm purpose, the Plan Sponsor shall take into account any other such eugible plan estabushed by the Plan Sponsor. (b) Pre- Participation Years. In applying Section 3,03 Special Section 457 Catch-up Limitation, J prIor \'ear shall be taken Into account only if (i) the Participant \vas eligible to participate in the Plan dUrIng aU or a portion of the year and (ii) Compensation deferred, if any, under the Plan dunng the year was subject to the BJsic Annual LimitatIon described in Section 3,01 or any other plan ceiling reqUIred b\ IRC Sectjon 457(b). . (c) Pre-2002 Coordination Years. For purposes of Section 3.03(b) (2) (B), "Contributions to Pre- 2002 Coordination Plans" means any Plan Sponsor contribution, salary reduction or elective contrIbutIon under anI' other eligible IRC Sectjon 457~)) plan, or a salary reduction or elective contribution under any I RC Section 401 (k) qUJlified cash or deferred Jrrangement, IRC Section 402~1)(I)eB) SImplified emplO\'ee pension (SARSEP), IRC Section 403(b) annuity contract, and IRC Section 408(p) simple retirement account, or under Jny plan for which a deduction is allO\\ed because of a contribution to In orgJnization described in IRC Section 501 (c)(18), including plans, arrJngements or accounts maintJined by the Plan Sponsor or any employer for whom the Parliclpant performed services. However, the contributions for Jny calendar yeJr are on!)' taken into account for purposes of Section 3.03(b)(2)(B) to the extent that the total of such contrIbutions does not exceed the aggregate limit referred to in IRC Section 457(b)(2) for the \'ear. (d) Disregard Excess Deferral. For purposes of Sections 3.01 Basic AnnuJI Limitation, 3.02 j\ge 50 Catch-up AnnuJI Deferral Contributions, and 3.03 Special Sectjon 457 Catch-up Limitation, an individuJ] is treJted as not having deferred Compensation under the plan for a prior taxable year to the extent Excess Deferrals under the Plan are distributed, as described in Section 3.05. To the extent that the combined deferrJls for pre-2002 yeJrs exceeded the maximum deferral limitations, tbe amount is treated as a Correction of Excess Deferrals under Section 3.05 for those pnor \'Cars. 3.05 Correction of Excess Deferrals. . I f Annual Deferrals credited to a Participant's Account Ihlance during the current Plan Year exceed the 1ll11ltatJons described above JS determined by the Plan Sponsor, the AdministrJtor shall rerum the excess ,15 directed bl the Plan Sponsor as soon JS administrJti\'e!)' practicable after the .\dlllll1lotr:lIor 1S I1utJfied that there is an Exceoo Deferral. () I f the .\nt1lLlI DefnLl1 un hch:d( uf a P'lrtlclpant for al1\ C1lendar \car c:-;ceeds the jimJta[Jons descrlbed abo\"(: ;IS c!cterll1lned b\ the Phn Spunsor, or the ,'\nnua] Deferral on behalf of:1 Partlclpant for al1l calendar \'e:1r e:-;ceeds the limitatJol1S described abO\'e \\.hen combined with mher amounts deferred b\" the PartiCIpant under another eEgible deferred compensation plan pursuant to IRC Sectlon 4S-(b) then the Annual Deferral, to the extent in excess of the applicable limitation (adjusted for :lny income or loss in \'alue, if am, allocable thereto), shall be distributed as soon as administrati\"ek practicable bv the Administrator at the determination and direction of the Plan Sponsor. . 3,06 Deferrals Mter Severance from Employment, Including Sick, Vacation, and Back Pay Under an Eligible Plan. A PartiCIpant who has not had a Severance from Employment may elect to defer accumulated sick pa\', accumulated vacation pay, and back pay under an eligible plan. Such amounts may be deferred for anv calendar month on1\' if an agreement providing for the deferral is entered into before the beginning of the month in which the amounts would otherwise be paid or made available and the Participant is a Public Employee on the date the amounts would otherwise be paid or made avallable, in accordance with Section 2.02 Election Required for Participatjon, and Section 2.03 Commencement of Panjcipation, In addition, to the e:-;tent permitted b\' !a\\", deferrals ma\' be made for former Public Employees with respect to Compensation described in Treasur\' Regulation Section 1.415(c)-2(e)(3)(ii) (relating to certain Compensation paid within 2 '/2 months follO\\'ing Severance from Employment), Compensation described in Treasun' Regulation Section 1.415( c)-2(g) (4) (relating to Compensation paid to Participants who are permanent1\' and totallv disabled), and Compensation relating to qualified military sen'ice under IRC Section 414(u), . ARTICLE IV Plan Sponsor Contributions 4.01 The Plan Sponsor ma\' contribute to the Plan for Participants. Plan Sponsor contributions shall vest at the time such contributions arc made. For purposes of administering Sections 3.01 Basic Annual Limitation, 3.02 Age 50 Catch-up ;\nnual Deferral Contributions, and 3.03 Special Section 457 Catch-up Limitation, Plan Sponsor contributions shall appk toward the maximum deferral limits in the Plan Year that such contributions arc made, ARTICLE V Distribution of Benefits 5.01 Benefit Distributions at Retirement or Other Severance from Employment. Except for In- Sen'ice Distributions from Eligible Rollover Accounts under Section 5,07, Unforeseeable Emergency withdrawals under Section 5.08, and \' oluntan' In-Service Smaller Account Distributions under Section S.cl9, or otherwise specificallv allowed b\" the Plan, distributions from the Plan may not be made to a PartiCIpant earlier than: (a) the calendar \'ear in which the PartiCIpant attall1s age 70 Ill; or (b) the calendar \'ear in which the Participant retires or otherwise has a Severance from Emplo\'l11ent. ,.\lJ irrevocable elections of a benefit commencement date b\" a Participant or a Benefician" made pnor to -' anuan' 1, 2002 and defaulted distributions (other than a defaulted distribution (() an annuitv option~i l11a\" be \c)]ded at the election of the Parriclpant or the HenetlcLlr\" . i' iJ . . . 5.03 5.04 'il).:' Election of Benefit Commencement Date. \ I'clrtlClf,ant m;l\ ciCCI Uj C"mmt:1lCC cliSfrlbutlOll "f benefits ,j( :1111 tIlllC :lfter rcllrcl11elH ur "ther ~)cllL1I1Cl' from Emp!cll'lllcnr"l' dl'lLrmlned and confirmed bl Ihe Plan Sponsor bl a nOtice filed II'Jlh the AdmlIl]straror before tbe date on \\'hich benC'tils are 10 comlllence. !'!tJ\IT\'er. In no e\ent mal' distribution of benetits commence later than the date descrIbed ]n SectJon ReqUired Beglllning Date. Forms of Distribution - Benefit Payment Options, Benefits shall be p;lld in accordance with the payment option elected bl' the Participant, Pal'ment, method of pavment, and settlement options are available as prO\Jckd b\' each of the a\';lJLlble investment speCIfications. The Participant shall elect the method of pa\ment based upon the options then anilable under the Plan, including but not limited to lump sum distributions, periodic pavment b\- fixed amount, periodic pa\'ment bv fixed tjme period, partiaJ lump sum pannent or purchased annuitv. A Participant or BenefiCIary who has chosen a pal'ment option, other than the purchased annuitv option, shall have the ability to change his p;1\'ment option subject to anI' restrictions or limitatjons imposed by the Plan, the Administrator, an investment option provider, atw regula ron- agencv, or as otherwise required bv law, Required Minimum Distributions. All dIstributions under the Plan must comply with IRe Section 401 (a)(9) and the regulations issued thereunder. The provisions of this Section 5.04 will apI'1\- for purposes of determ!l1ing reqUIred minimum distributions for calendar years beginning WIth the 2003 calendar vear. The term DesIgnated BenefiClar\' as used III this Section 5'(l4 shall have the meanIng set forth 111 Treasurv Regulation Section 1 .40] (a)(9)-4. (a) Requirements of Treasury Regulations Incorporated into Plan. AJI dlstributions required uncler this Section 5.04 \\'ill be determIned and made in accordance WIth the Treasury Regulations under promulgated under IRe Section 401 (a)(9), (b) Required Beginning Date. The PartlClpant's entire interest will be distributed, or begin to be distributed, to the Participant no later than the PartiCIpant's required beginning date, which is to beglll no later than April 1 follOWIng the caJendar vear in which the PartiCIpant attains age 70 '/2 or has a Severance from f':mplovment, whichever is later. (c) Death of Participant before Distributions Begin. If the Participant dies before distributions begIn. the Participant's entire interest WIll be distributed, or begin to be distributed, no later than as fo!lO\\s (1) I f the PartiClpant's sUr\'i\'Ing Spouse is the Participant's sole Designated Beneficiary, distributions to the sLm-l\-ing Spouse will begin bv December 31 of the calendar year immediateh' follOWIng the calendar year in which the Participant dies, or by December 31 of the calendar vear In '.\'hich the Participant would have attamed age 70 '12, if later. (2) If the PartiCIpant's sUl\'lving Spouse IS not the Partlcipant's sole Designated Beneficiary, distributions to the DeSIgnated Bene!ician will begin by December 31 of the calendar vear immedlateh follO\\ing the calendar year in whlCh the Participant died. (3) If there IS no DeSignated Beneficiar\' as of September 30 of the \'ear following the year of the PartJcipant's death. and there are no other Designated Beneticiaries, the Participant's entire interest \\iJl bc distributed lw December 31 of the calendar year containing the fifth annwersan of the PartiCIpant's death, !-: I) :-t, II thl' 1>,lrtlcq"ll1t', 'UJ'\llln,,- )!'()ll'C I' the l)ntICI!"II1I', "lk DC"I"-I1,ltL'l1 BU1L'lICl.lrl ,iIld Ihc SUr\11 111,l': :-'P()USC dlt'S ;ltter the P:1rtlClP,llll IWI he'll Hl dl'lnhutl()l1s l() the sUr\'IIJng SPOUSl' beglll, thl' SCCI]OI1 5,114 \\'ill apph as It rhl' SUJ'\'llll1,l" )P(JlISl' \\l're the PartlC]p;1nl. . (d) Required Minimum Distributions during Participant's Lifetime. During the ParUClpant's Lferime, the minimum amount that will be d]strihuted tor each cl1strlbutlon calendar \ear IS the lesser of: (1) the quotient obtained b\' di\'iding the Parnclpant's c\ccount Balance b\' the distribution period in the Unlform Lifetime Table set forth ]n Section 1.401 (a)(9)-9 of the Treasun' Regulations, using the ParticIpant's age as of the PartiClpant's birthda\- in the distribution calendar \'ear; or (2) if the Participant's sole Designated Benefician' for the distributJon calendar vear is the Participant's Spouse, the quotient obtained lw di\iding the Participant's Account Balance by the number in the Joint and Last Sun'ivor Table set forth in Section 1.401 (a)(9)-9 of the Treasury Regulations, using the Participant's and Spouse's attaJned ages as of the Participant's and Spouse's birthdavs in the distribution calendar vears, (e) Death On or Mter Date Distributions Begin and Participant Survived by Designated Beneficiary. (1) If the Participant dies on or after the date distnbutions begin and there is a Deslgnated Beneficiary, the minimum amount that \\'ill be distributed for each distribution calendar year after the year of the Participant's death is the quotient obtained bv di\'iding the Participant's . Account Balance by the longer of the remaining bfe expectancr of the Participant or the remaining bfe expectancy of the Participant's Designated Benetlcian', determined as follows: The Participant's remaining ]jfe expectanc\' is calculated using the age of the Participant in the year of death, reduced by one for each subsequent rear. (2) If the Participant's sUf\'iving Spouse ]S the Parncipant's sole Designated Beneficiary, the remaining Lfe expectancy of the sun'!\'ing Spouse is calculated for each distribution calendar year after the year of the Participant's death lISing the sun-iving Spouse's age as of the Spouse's birthday in that year. ror distribution calendar \'ears after the year of the surviving Spouse's death, the remaining life expectanc\' of the sUlTi\'ing Spouse is calculated using the age of the surviving Spouse as of the Spouse's birthda\' in the calendar rear of the Spouse's death, reduced b\, one for each subsequent calendar year. (3) If the Participant's sun'iving Spouse is not the Participant's sole Designated Benefician-, the Designated Beneficiary's remaining life expectanc\' is calculated using the age of the Benetlcian' in the year following the rear of the Participant's death, reduced by one for each subsequent year. (4) No Designated Beneficiary, If the Participant dies on or after the date distributions begin and there is no Designated Benetlcian as of September 30 of the \ear after the year of the Participant's death, the minimum amount that \\'lll be distributed, in accordance with Section 8.01 /\cceptance of Benetlciary Designation b\' ,'\dministrator, for each distribution calendar rear after the \'ear of the Partic]pant's death ]s the quotient obtained []I' di\lding the PartiClpant's ,\ccount Balance b\ the Participant's remaining life expectanc\' calculated uSll1g the age of the Panic]pant in the \ear of death, reduced b\' one for each subsequent \'ear. . 1:;( . . . 5.05 5,06 5,07 5,08 5.09 f Death before Date Distributions Begin and Participant Survi\cd by Designated Beneficiary. I f the P'lrtlClpJIlt dIe> bcfclre lhe deaL' dl,trIbutlons LH'::!!ll and there IS a l)c'SiL':n<llCd BenefiClarl, lhe 1ll1l111ll11111 al110unt th'H \nll be dlsrnbulcd for elch clistrlbution calenchr \ur after the lear of thc PartlClp<ll1t's death is the cjuotlent ohtall1cd bl dJ\'idl11g the PartiCipant's ,\ccount Bal<lnce bl' the rel11aln1l1g Life n:pectanCl of the PartiClpant's Designated Beneficiary, (1) No DeSIgnated Beneficlan' If the ParticIpant dies before the date distributions begltl and there is no Designated BenefiClan as of September 30 of the \'ear following the vear of the Participant's death, distribution, in accordance \I'ith Section 8.01 A.cceptance of BenefiClary Designation bl' Administrator, of the Participant's entire interest will be completed by December 31 of the calendar \car contallling the fifth anni,'ersary of the Participant's death. (g) Death of the Surviving Spouse before Distributions to Surviving Spouse are Required to Begin. If the PartiClpant dies before the date distributIons begin, the Participant's surviving Spouse is the Participant's sole DeSIgnated Beneficiarv, and the surviving Spouse dies before distributions are required to begin, this Section 5,04 will apply as if the surviving Spouse were the Participan t, (h) Election of Payment Option. If a ParticIpant or Beneficiary fails to elect a payment option that meets the requirements of IRC Section 401 (a)(9), the Administrator willmitiate such a distribution. A Participant or Beneficiar\' \\'ho has chosen a payment option, other than an annUIty option, shall ha\'e the abilitv to change his or her payment optlon, Order of Priorities. This Section 505 has been prepared in accordance \vith Treasurv Regulations promulgated under IRC Section 401(c)(9). To the extent there is a conflict between Section 5.04 or tlm Section 5.05 and the IRC, the provisions of the IRC and applicable Treasury Regulations shall prevail. For all\" calendar \'ear, a Beneficiar\' mal' elect distribution of a grcater amount (not to exceed the amount of the remaining Account Balance in lieu of the amount calculated using the formula set forth in Section 5.04. Death Benefit Distributions. If the Participant dies before the benefits to which he is entitled under the Plan halT been paid or exhausted, then the remaining benefits payable under the Plan shall be paid to his Designated Benctlclar\', The Bcnefician' shall have the right to elect the time and form of dlstribution of such benetlts, subject to the limitations set forth in the Plan, Amount of Account Balance. Except as prm'ided in Section 5.03 Forms of Distribution, the amount of al1\ pal'ment under this .:\rticle \' shall be based on the amount of the Account Balance on the preceding Valuation Date. In-Service Distributions from Eligible Rollover Accounts. If a Participant has an Eligible Rollm'er Account attributable to eliglble rollo\'er contributions to the Plan, the Participant may at any time elect to recei\~e a distribution of all or a 11\' portion of the amount held in the Eligible Rollover ,\ccount. Unforeseeable Emergency Distributions. (a) Distribution. If the PartiCipant has an Cnforeseeable Emergency before retirement or other Se\erance from Emplmmcnt, the ParticIpant mal' elect to recei\'e a lump sum distributlon equal to the amount requcsted or, If the maXlmum amount detcrmlIled bl' the Administrator to be pcrnllttnl to he distributed under thiS SectIon 5.09. ]11 !l b, Unforeseeable Emergency Defined. \[1 t Ilf"IL\l'C1bk f,ll1cT,SIlCl l' ddl!1"d[\ J \c'\cTc' tlll;[ncI<1I hJIcbhq) of tht:: ParT]c]pallt IT'ldllnl' flom: an Illness or acclcknr of thl' P;lrt]Clp;lI1t, the P:1rI]C1pant's Spouse, or the Partlcq"lllt'S clqwnclel1t defilled ]n IRe: SeCIIUIl 1- luss of the PartIcIpant's propern' due to casu:lIn IliJcludll1g the need to lebuild a home foIIO\\'ing damage to a home not otherwise co\'("recl bl homeO\\'ner's insurallce, e.g" as :1 result of a natural dIsaster;; the need to par for the funeral e~pcnses of the Participant's Spouse or dependent (as defined in IRC Section 152(a)); or other slmilar e~traordinan' and unforeseeable circumstances arising as a result of e\'ents beyond the control of the Participant, or as othenl'ise permitted b\ law. For example, the imminent foreclosure of or eviction from the Participant's primary residence may constitute an Unforeseeable Emergency, In addition, the need to pal' for medical expenses, including non-refundable deductibles, as \\;ell as for the cost of prescription drug medication, may constitute an Unforeseeable Emergency, Except as othen\'ise specifically provided in this Section 5.09, neither the purchase of a home nor the parment of college tuition is an Unforeseeable Emergency. . (c) Unforeseeable Emergency Distribution Standard. A distributIon on account of Unforeseeable Emergency mar not be made to the extent that such emergency is or mal' be relieved through reimbursement or compensation from insurance or othenvisc, b\ liquidation of the ParticIpant's assets, to the extent the liquidation of such assets \H)uld not Itself cause sc\'ere financial hardship, or by cessation of deferrals under the Plan, or as othenvise perr111ttcd bl' law. (d) Distribution Necessary to Satisfy Emergency Need. Distributions because of an Unforeseeable Emergency ma\' not e~ceed the amount reasonabh' necessary to satisf\ the emergency need (which mal' include any amounts necessary to pal' any federal, state, or local l11come taxes or penalties reasonably antjcipated to result from the distribution), . 5.1 0 Voluntary In-Service Smaller Account Distributions. A Participant who is an active Public Emplovee of the Plan Sponsor may request to receive a distribution of the combl11ed total Annual Deferrals under the Plan if the following requirements are met: (a) The Participant's total Annual Deferrals in the ;\ccount Balance under the Plan docs not c~ceed $5,000 (or the dollar limit under IRC Section 411 (a)(ll), if greater); and 0)) The Participant has not prn'Jousl\' recei\-ed a voluntary in-sen'ice smaller account distribution under the Plan; and (c) There have been no Annual Deferrals under the Plan with respect to the Participant during the two-year period ending on the date of the in-service distribution, ARTICLE VI Eligible Rollovers and Plan-to-Plan Transfers 6.01 Eligible Rollover Contributions to the Plan, (a) Incoming Rollover Contributions. A Participant \\'ho is a Public EmplO\-ee and who ]S entitled to receIve an Eligible Rollover Distribution from another Eligible Retirement Plan may request to ha\'e all or a portion of the Eligible Rollover Distribution paid to the Plan, pnwided, (1) the Eligible Rollm-er Distribution IS made emirell- in Ihe form of LS, dollar" and, . II . " thl' !',lrllUI',Ull lkll1()Il'lr,lll' r() rilL \,lrll11lIQr.l\()r', ',III,f,IClI()[l tint Ihl :lllli )l!ill I'" 'Ju,dl(\ 111,!! Eligible- ]Zi)!]U\l'r [)['tribUlI()[l under IRe ~t:([l()Il, -+(12c,' -II nr 0)) Definition of Eligible Rollover Distribution. For purposes ofScctiun6,OI Incoming Rollm'er Cnntributions, an ElIgible Rollo\'(~r Dlstnbution means am' conrributlon of all or any portion of a Participant's benefit under another Eligible RetJrement Plan to the Plan, except that an LEgible Rollover DistributJon cloes not incluele: (1) all\' lllstallment pa\'n1ent for a penoel of 10 \'ears or more, (2) an\, c!JstributJon made as a result of an Linforeseeab1c Emergenc\', or (3) For an\, other distribution, the portlon, if am', of the distribution that is a required minimum distributJon under IRC SectlCm 401 (a)(9). (c) Separate Account for Eligible Rollover Contributions. The Plan shall establish and maintain for the Participant an Eligible Rollover /\ccount for any Eligible Rol1O\'e[ Distribution paid to the Plan from am' Eligible Retirement Plan that is not an eligible gm'ernmental plan under IRC Section 457(b). In addition, the Plan shall establish and maintain for the PartiCIpant an Eligible Rollo\'Cr Account for am' Eligible Rollm'cr Distribution paid to the Plan from an\' Eligible Retirement Plan that is an eligible governmental plan under IRC Section 457(b). 6.02 Permissive Rollovers to an Eligible Retirement Plan. /\ Participant or the surviving Spouse of a Participant (or a Participant's former Spouse \\'ho is the /\Iternate Paree under a Domestic Relations Order, as defined in IRe Section -I14(p)) \\'ho is enmle-d to an Eligible Rollm'er Distribution mar elect, at the time and 111 the manner prescnbed 1)\ the ,\dmimsrrator, to ha\'e all or am' portion of the distribution paid directly to an Eligible Retirement Plan specified by the Participant in a direct rollover. . 6.03 Plan-to-Plan Transfers to the Plan of Eligible Governmental 457(b) Assets. (a) Permissive Plan-to-Plan Transfers. ,\r the dm'ction of the Plan Sponsor, the /\dministrator ma\' permit a class of Participants \\'ho are Participants 111 another eligible gm'ernmental IRC Section 457(b) Plan to transfer assets to the Plan as provided herein. Such a transfer IS permitted onlv if the other Plan p[(wides for the direct transfer of each Participant's interest therein to the Plan. Transfers from other eligible deferred compensatJon Plans (as defined in IRC Section 457) to the Plan will be accepted at the PartiCipant's request if such transfers are in cash. (b) Effect of Transfers on Annual Deferral Limitations. An\' such transferred amount shall not be subject to the limitations of Section 301 BaSIC Annual Llmitation, 3.02 Age 50 Catch-up Annual Deferral Contributions, and 3.en SpeCial Section 457 Catch-up Limitation, as an Annual Deferral, prm'ided hm\'e\'er, that the actual amount deferred during the calendar \'ear under both Plans shall be taken Into account 111 calculating the maximum Annual Deferral for that year. The amount so transferred shall be credited to the Participant's Account Balance and shall be held, accounted for, administered, and othe1\\lse treated in the same manner as an .\nnual Deferral by the Participant under the Plan. . Required Documentation for Transfers to the Plan. The .\dmlf11strator ma\' reqUlre such documencltJon from thc other Phn as It elL-cms rKccssan to effectuatc the transfer III accordance I. ]...' \\'][h IRe Se:Cl I< Jll -1:;- III ;lncl TrclslJr\ Re'2uh[]()1l :'CC[!IJll 1,-1:;- i ,:lllcl II) C()llflrm Ih,11 Ihe: other Plan IS an eligible gO\crnmental pbn as defmed 1Il Tre,lsun' Regubll<)1l 1,-+:;- . 6.0-1 Plan-to-Plan Transfers from the Plan to another Eligible Governmental 457(b) Plan. (a) Outgoing Plan-to-Plan Transfers Pursuant to Severance of Employment. ;\t the dIrection of the Plan Sponsor, the Administrator may permit a class of Participants and Beneficianes to elect to have aU or any portion of their Account Balcmce transferred to another eligible governmental plan within the meoming of IRe Section 457(b) and Treas. Reg. 1.457-2(f), A transfer is permitted under this Section 6JJ4(a) for a Participant only if the Participant has had a Severance from Employment with the Plan Sponsor and is a Public Emplovee of the entin' that maintains the other eligible governmental 457(b) Plan. Further, a transfer is permitted under this Section 6.04(a) only if the other eligible governmental 4570)) plan provides for the acceptance of plan-to-plan transfers \.\.ith respect to the Partiupants and Beneficiaries and for each PartiCIpant and Beneficiary to have an amount deferred under the other plan immediatelv afler the transfer at least equal to the amount transferred. (b) Outgoing Plan-to-Plan Transfers While Employed. If the Plan Sponsor offers an eliglble governmental 457(b) plan other than the Plan, and such other plan accepts transfers, the Participant may transfer the Account Balance in cash from the Plan to the other plan. (c) Limitation of Liability. Upon the transfer of assets under this Section 6.04, the Plan's JiabiJit\ to pay benefits to the Participant or Benefician' under this Plan shall be discharged to the o:tent of the amount so transferred for the Participant or Benefician', The Administrator may require . such documentation from the receiving plan as it deems appropriate or necessan' to com ph' with this Section 6.04 (for example, to confirm that the recei\-ing plan is an eligible governmental plan under paragraph (a) of this Section 6.04, and to assure that the transfer is permitted under the receiving plan) or to effectuate the transfer pursuant to Treas. Reg. 1.45i -I O(b). 6.05 Permissive Service Credit Transfers. (a) If a Participant or Beneficiarv is also a Participant in a tax-qualified defined benefit go\-ernmenta] pJan (as defined in IRC Section 414(d)) that provides for the acceptance of planro-plan transfers with respect to the Participant or Beneficiarv, then the Participant or Beneficiarv may elect to have any portion of the Participant's or Beneficiary's i\ccount Balance transferred to the defined benefit governmental plan. A transfer under this Section 6.05(a) will not be treated as a distribution and, therefore, may be made before the Participant has had a Severance from Employment. (b) A transfer may be made under Section 6.05(a) only if the transfer is either for the purchase of permissive service credits (as defined in section 415(n)(3)(/\)) under the receiving defined benefit governmental plan or a repayment to which IRC Section 415 does not apply b\' reason of IRC Section 415(k)(3). ARTICLE VII Domestic Relations Orders 7.01 Receipt of Domestic Relations Orders. \\'hen the Plan Sponsor, ;\dministralor, or Plan recC'I\CS a Domestic Relations Order (DRO), judgment, decree, or order (IncludIng appro\'al of a property settlement agreement) that relate, to the pnWtS10n of child support, alil1lo!l\' panllents, or Ihe marItal . In( 1:- F'Ld' 1-), . . . prtlpnn r1l:hr' Il[:l :--P(lll" Ii!" [(}rilllr ~1'()lI'l, chrkL Ilr uther Ckl'l'\\lklll ,d':\ P,lrtlllp:lnt \' mc\lL pUrc;lL1I\l (rl till" dOIlle"uc rll:1Clon' L1\\ (l[ ,[11\' State, then the allloullt of the Partlclp:lnr'c;\ccollnt Balance' shall be paJd 1Il thl' l1l:lIli\tr and ru Ihe person or person, '0 dJrectlllln the DRO as the \lrern;Jte P;J\Tec Such pa\ll1ent shall be ll1;Jde \\'Hhout reg;Jrd to \\hether the PartiCipant is eligible tor a distribution of bcnefirs under the Plan, The Acdmllllstrator shall establish reasonabll' procedures tor dnermllllllg the status of anI' sllch decree or order and for effectuating distnbution pursuant to the OROc Upon receipt of a ORe): The Admifllstrator shall notjf\ the Partlcipant and Alternate Paree of the receipt ot the DRO, ;Jnd (b) Within a reasonable time, the Administrator \Fill follow the procedures adopted lw the Plan Sponsor to determine the validity of the ORO. In the event the Administr;Jtor believes that the ORe) is acceptable, it will process the DRO in accordance with the i\dmil11strator's procedures. If the DRO docs not appear to be acceptable, the Administrator mal' contact the Plan Sponsor for a final determination and instruction regarding final disposition of the DRO. 7.02 Validity of a DRO. For purposes of this Article VII, a valid DRO is a judgment, decree, order, or approval of a marital property settlement made pursuant to a state domestic relations law (including community property law), relating to the property rights of a Participant and i\lternate Payee, In addition, the ORO must: (a) Create or recognize the existence of the right of an Alternate Paree to all or a portion of the benefits pavable with respect to a Participant under the Plan; (b) Clearly specify the following information: (1) The name and last known mailing address of the Participant and Alternate Paree cO\'ered b\' the ORO; and (2) The amount or percentage, or the manner in which the amount or percentage is to be determined, of the Participant's benefits to be paid to the Alternate Paree; and (3) The number of pavments or period to which the ORO appLes; and (4) The Plan to \vhich such ORO applies. (c) ProVide a form of payment to the Alternate Pa\'ee that is permitted under the Plan; and, (d) Not require the payment of benefits to an Alternate Pavee which are required br a prior ORO to be paid to another /\lternate Pavee. 703 Processing of a DRO. If it has been deten11lned that a ORO applies to a Participant's account, unless speclficallr directed otherwise by the Plan Spol15or, the Administrator shall comp1\- with the ORO, The Administrator mal' place a restncti\'e hold on a Participant's [\ccount Balance while it determines the nlidm' of, and! or processes a DRO, The j\dminisuator shall establ1sh a separate :\ccount BaiJ.nce for the /\lternate Paree and transfer the assigned value or benefit from the PartJClpanr's account into the Alternate Pa':ee's separate "\ccount Balance. 14 1) -(i-! Rights of an Alternate Payee to Receive Distributions. Thc .\lternate Pa\ce IS cnrirled ro reCC1\<: dlstnhutions immediateh' upon the establishmenr of the separate .\ccounr D:1lance pursu:1nt to Semon -.03 Processing of a DRO. Commencement of distributions must begin no later than April ] q follo\ying the year in which the Alternate Pa\'ee attains age 70 ]/2. Distributjons made to an /-dternate Payee are reported as taxable income to the Alternate Payee 111 the calendar year in which the distributions are received by the Alternate Payee. State taxes, if applicable, and federal taxes will be withheld from any distribution on the Alternate Paree's Account Balance based upon the tax withholding elections of the Alternate Pavee. The Alternate Pavee may not make any contributions to the account but is permitted to designate Beneficiaries for the A.ccount Balance and to exercise exchanges among the investment options as permitted by the Plan. . 7.05 No Liability for Prior Distributions. In the event that it is determined that a DRO is valid and the Participant has begun receiving distributions from the Plan, the Alternate Payee must commence distributions \vithin sixty (GO) days following the date the DRO is determined to be valid. The Administrator shall only process a DRO to the extent possible based upon the then current value or benefit in the Participant's Account Balance. ARTICLE VIII Designation of BENEFICIARY 8.0] Acceptance of Beneficiary Designation by Administrator. The Participant sha]] have the right to file with the Administrator, a signed, written beneficiary or change of beneficiary form designating the person or persons who shaJJ receive the benefits payable under the Plan in the event of the Participant's death. If the Participant dies without having a valid beneficiary form on file, the benefits wi]] be paid to the Participant's estate or as othef\vise required by applicable state law. A change in the Beneficiary designation shall take effect when the election is accepted by the Administrator, and must be on a form and in the procedural manner approved by the Administrator. . 8.02 Participant Obligation to File Beneficiary Designation Form. The Participant accepts and acknowledges that he has the burden of executing and filing with the Administrator prior to the Participant's death a proper beneficiary designation form. ARTICLE IX Investment of Deferred Amounts 9.01 Designation for Investment. Deferred Compensation amounrs sha]] be delivered by the Plan Sponsor to the Administrator or its designated agent for investment pursuant to the Participant's, Beneficiary's, or Alternate Payee's investmenr specifications. 9.02 Participant's Investment Specifications. The Plan Sponsor shall use the Participant's, Beneficiary's, or Alternate Payee's investment specifications to determine the value of any deferred compensation account and/ or Eligible Rollover Accounr maintained with respect to the Participant as if the amounts had been invested according to such specifications. Any change in the investment direction, \vhether it applies to amounts previously deferred, contributed, ro]]ed over, or transferred, or amounts to be deferred, contributed, rolled over, or transferred in the future, shall only be effective prospectively and shall be effective on a date consistent with, in conformance with, and subject to any restrictions, limitatjons, or fees imposed b\' the Plan Sponsor, the Administrator, an investment option provider, am' regulatorv agency, or as othef\\'lse required by law, . 1:1, ] :; F ,', 1) . ,In :\I1I1UI1\ COIllr:1ct ,lnll be ['<;L1ed b\ '\11 In'Ur,\nCl CUJllP,lJl1ljualltlul tu dl) hUSII1LS' 111 thl' ,tatc \I'here thcc contract \\',\S ["L1cd and ma\ 110r IIlclude :]11\ life, health or accldem, propern ca5u:J!n or l1abiLJt\ In,urancc contrac1. :1fld (c) the custodian of al1\' cusrodlaJ account created pursuant to thlS Plan must be a bank, as described in IRC Section 4U8(n), or a person who meets the non-bank trustee reqUlremems of paragraphs (2)-(6) of Sectjon 1.408-2(e) of the Income Tax Regulatlons relating to the use of non-bank trus tees. ARTICLE XII Miscellaneous 12.01 Non-Assignability. Except as provided in Artick VII and Section 12,02 IRS LevI', the interests of each Participant and Beneficiary under the Plan are not subject to the claims of the Participant's or Beneficiary's creditors; and neither the Participant nor anv Beneficiary shall have any right to sell, assign, transfer, or otherwise convey the right to receive anI' pa\'Inents hereunder or any interest under the Plan, which payments and interest are expressh declared to be non-assignable and non- transferable, Furthermore, in accordance Section 522 of the Bankruptcv !\buse Protection and Consumer Protection Act of 2005 ("the Act"), retirement funds that are in a fund that is exempt from taxation under IRC Section 457 mal' be exempted from an individual's property estate for purposes of the Act. . 12,02 IRS Levy. Notwithstanding Section 12.01 Non-Assignability, the Adm1l1istrator may pay from a Participant's, BenefiClarv's, or Alternate Payee's /I.ccount Balance the amount that the Adrmrustrator finds is lawfully demanded under a leV\' issued by the Internal Revenue Service with respect to that Participant, BenefiClarv, or Alternate Pavee or IS sought to be collected b\- the United States Government under a judgment resulting from an unp;ud tax assessment against the Participant, Beneficiary, or Alternate Payee, 12.03 Mistaken Contributions. If am contribulJon (or am' portion of a contribution) is made to the Plan by a good faith mistake of fact, then within one vear after the payment of the contribution, and upon receipt in good order of a proper request appro\~ed by the AdmiI1lstrator, the amount of the mistaken contribution (adjusted for anI' income or loss in niue, if an v, allocable thereto) shall be returned directly to the PartiCIpant or, to the extent reCjUlred or permitted by the Administrator, to the Employer. ARTICLE XIII Amendment and Termination 13.01 Amendment and Termination. The Plan Sponsor nu\' at am' time modify, amend, suspend, or terminate the Plan In whole or in part (including retroactive amendments) or cease deferring Compensation pursuant to the Plan for some or all Participants, In the event of such an action, the Plan Sponsor shall deLver to each affected Participant a notice of such modification, amendment, or termination or a nOlJce that it shall cease deferring Compensation; provided, howewr, that the Plan Sponsor shail not ha\'e the right to reduce or affect the value of any Participant's Account Balance or any rights accrued under the Plan pnor to such modification, amendment, termination, or cessation, . 13.02 No Effect of Plan on Ernployrnent of Participants. Nelther the establishment of the Plan nor am' modification thercof, nor the cstablishment of an account, nor am agreement between the Plan Sponsor and the ,\dmllllstrator nor the pa\'ment of atl\' benetlts, ,hall be construed as E')Vlllg tu atl\' PartiCIpant or other pcrsull :111\' or equHable t agalll'-I Ihe Phn Sponsor except :IS herem IS prmlded, and III no eH'nt ~h;tll the term~ of emplu\ll1cnt of the PublIc L,mplO\ce, Independent Cuntractor, or P;UtlC1pant be modltled or III am' \\':1\' affected, . ] .3.03 Interpretation. This Plan 1S intended to be an eligible deferred compensation Plan under IRC Sectjon 457, and shall be Il1terpreted and admil11stered in a manner consistent with the IRe. This Plan may be amended to the extent that it may be necessary to conform the Plan to the requirements of IRC Section 457 and any other applicable law, regulation, or ruling, including amendments that are retroactive to the effective date of the Plan. In the event that the Plan is deemed by the Internal Revenue Service to be administered in a manner inconsistent with the Internal Revenue Code, the Plan Sponsor shall correct such administration. ARTICLE XIV Prior Plan If the Plan Sponsor has already accepted and adopted the Plan (the "Prior Plan"), as defined by IRC Section 457, then the Plan Sponsor intends that this Plan shall amend and restate the Prior Plan. In such event, this Plan shall apply to all Participants in the Prior Plan on the effective date hereof, and also to each Public Employee \vho elects to participate in this Plan on and after the effective date hereof Article XV Effective Date This Plan shall be effective as of January 1, 2006. . . jt) Ph, LIST OF BILLS eH1BIT " A" TO RESOLUTION #2005-258 Abrahamson Nurseries Action Rental, Inc. All Star Wireless Aspen Mills Ballis, Tom Bonestroo, Rosen, Anderlik Bryan Rock Products Carquest Catco Cingular Wireless Citi-Cargo & Storage City of Bayport City of Mahtomedi Clarey's Clark, Luann CMC Rescue. Inc. Crysteel Truck Equipment Curt's Automotive Repair Denny Hecker Auto Connection Empson, Donald ~ Guard Sprinkler Service ~lIes Corporation Galls GCR Minneapolis Truck Tire Center Gopher State One Call Greeder & Mondor Electric Co. Iceman Industries, Inc. Infratech, Inc Interstate All Battery Jefferson Fire & Safety, Inc. Johnson, Ron Knauss, Chantell Landmark Development Group Lake Superior College League of Minnesota Cities Leisure Pro Long, James Mac Queen Equipment Inc. Machovec Menards MN Department of Agriculture Napa Auto Parts 'rth American Salt Co. orthern Tool Office Depot Orrin Thompson Homes Mountain Ash Tree Liquid Propane Annual Maintenance Contract Uniforms Reimburse for Training & Education Professional Services Gravel Equipment Repair Supplies Equipment Repair Supplies Cell Phone Rental Unit Ed Cain Lobbying Cost Reimburse Mahtomedi for Annual Installment for Ice Arena Recharge Fire Extinguisher Cleaning at Public Works Rappel Rescue Gloves Equipment Repair Supplies Install New Fuel Pump 3000 Mile Service Work on Conservation District Fire Sprinkler Inspection General Supplies Uniform Boots Equipment Repair Supplies October Billable Tickets Equipment Repair Charges Road Salt Additive Sewer Nozzel Head Assembly Equipment Repair Supplies Minor Equipment Reimburse for Minor Tools November Expenses Grading Escrow Refund MN/DOT Technical Certification Program Seminar/Conference Registration Fees Pelican Floats Reimburse for Work Boots Equipment Repair Supplies Safety Equipment General Supplies Non-Commercial Pesticide Applicator Licenses Small Tools Road Salt Small Tools Office Supplies Grading Escrow Refund 72.42 101.18 1,596.00 573.34 225.00 723.98 174.46 490.65 181.07 46.83 217.76 578.55 17,500.00 60.17 210.00 102.00 1,573.26 410.62 66.91 4,000.00 310.00 372.95 86.63 148.93 371.25 1.213.00 7,668.00 1,394.23 378.92 667.87 356.74 70.44 1,500.00 100.00 1,304.00 105.45 100.00 975.93 557.16 236.32 20.00 298.97 31,581.51 63.85 721.39 18,250.00 EXHIBIT" A" TO RESOLUTION #2005-258 Parts Associates, Inc. Quill Corporation Roettger Welding Sensible Land Use Simplex Grinnell LP Smith, Ryan Sprint PCS St. Croix Recreation Co. St. Joseph Equipment Stillwater Motor Company Stillwater Title company TA Schifsky & Sons United Laboratories United Rentals US Bank Valley Tree Service Verizon Wireless Volunteer Firefighters Benefit Washington County Dept. Washington County Recorder Workwell Occupational Yocum Oil Co. Zee Medical Service Page 2 Equipment Repair Supplies Office Supplies Equipment Repair Charges Seminar/Conference Registration Fees Fire Alarm System Service Reimburse for 2 Courses Cell Phone Park Play Equipment & Installation Equipment Repair Supplies Equipment Repair Supplies Refund Duplicate Assessment Payment Asphalt & Boutwell Road Project Silicone Tape Equipment Repair Supplies Paying Agent Fees Storm Debris Removal Cell Phone Subscriptions Hazardous Waste Disposal Printing and Publishing Services Onsite Fuel First Aid Supplies 571.9_ 318.23 7.00 30.00 288.75 200.00 858.60 32,836.87 641.88 208.82 2,946.17 366,995.60 294.15 26.93 172.50 5.650.00 311.55 44.00 166.83 184.00 311.00 8,641.5. 69.7~ . . RESOLUTION 2005-259 ADOPTING DELINQUENT SEWER CHARGES LOCAL IMPROVEMENT NO. 00001 WHEREAS, it is the policy of the City of Stillwater to certify to the County the delinquent utility charges. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, which the attached list constitutes the delinquent sewer charges and is hereby levied as an assessment against those parcels and the total is $101,214.83 Adopted by the Stillwater City Council this 6th day of December 2005. Jay L. Kimble, Mayor ATTEST: . Diane F. Ward, City Clerk . City of Stillwater 2005 Certification of Delinquent Sewer Billings . For Collection with the 2006 Property Taxes Project #0001 1 Year - 10% Interest Property Certification Property Certification ID Amount ID Amount 1903020340007 263.40 2103020340116 246.00 1903020340031 168.70 2103020340133 345.40 1903020440045 333.00 2103020340142 555.00 1903020440048 113.00 2103020340148 159.40 2003020130012 250.50 2103020430014 246.00 2003020210015 89.20 2103020430017 483.80 2003020210020 373.60 2103020430020 312.70 2003020210036 100.00 2103020430021 51.50 2003020220009 350.40 2103020430024 57.30 2003020220022 341.70 2103020430027 246.00 2003020220026 68.90 2103020430045 203.08 2003020230017 159.80 2103020430065 247.60 2003020240009 246.00 2103020430065 367.80 2003020320004 232.70 2103020430074 582.40 2003020330036 362.00 2103020430080 254.70 2003020330077 356.20 2803020110002 1,270.00 2003020410038 428.70 2803020110002 633.90 2003020440013 51.50 2803020120026 341.70 . 2003020440060 51.50 2803020120028 90.00 2103020130010 168.00 2803020120029 254.70 2103020130044 80.00 2803020120063 315.60 2103020130064 257.90 2803020120064 338.80 2103020130074 102.00 2803020120073 57.30 2103020130075 51.50 2803020120078 696.70 2103020130089 57.50 2803020120094 63.10 2103020140007 179.90 2803020130081 386.40 2103020140014 179.90 2803020130128 254.70 2103020140016 90.00 2803020210004 246.00 2103020140018 102.50 2803020210009 347.50 2103020140020 179.89 2803020210013 236.00 2103020140032 180.00 2803020210023 393.90 2103020140034 47.50 2803020210025 180.30 2103020240013 51.50 2803020210029 82.71 2103020240016 180.00 2803020210043 283.70 2103020330027 457.70 2803020210066 197.70 2103020330037 583.80 2803020210072 588.20 2103020330062 272.10 2803020210104 383.30 2103020330067 254.70 2803020210107 341.70 2103020330079 431.60 2803020210108 318.50 2103020330104 1 94.50 2803020210109 386.40 2103020340034 269.20 2803020210112 306.90 2103020340036 246.00 2803020210114 521.30 2103020340037 306.90 2803020220006 260.50 . 2103020340049 94.20 2803020220012 51.50 2103020340073 246.00 2803020220040 324.30 . City of Stillwater 2005 Certification of Delinquent Sewer Billings For Collection with the 2006 Property Taxes Project #0001 1 Year - 10% Interest Property Certification Property Certification 10 Amount 10 Amount 2803020220073 458.90 2803020330027 570.80 2803020220079 386.40 2803020330049 203.50 2803020220088 200.00 2803020330054 48.85 2803020220089 246.00 2803020330059 391.00 2803020220093 54.40 2803020330061 483.80 2803020230023 318.50 2803020330066 191.30 2803020230060 194.80 2803020330074 386.40 2803020230081 321 .40 2803020330077 301.10 2803020230085 246.00 2803020330083 236.00 2803020230108 321.40 2803020330094 308.50 2803020230113 248.90 2803020330107 315.60 2803020230132 364.90 2803020330109 139.10 2803020230136 298.20 2803020340007 408.40 2803020230140 76.00 2803020340062 266.30 2803020240018 327.20 2803020340090 337.50 2803020240025 421 .20 2803020340097 421.20 2803020240028 367.80 2803020340105 382.30 . 2803020240051 83.70 2803020340110 54.40 2803020240061 386.40 2803020410035 1,135.60 2803020240062 417.10 2803020410036 357.80 2803020240075 347.50 2803020410089 654.00 2803020240104 330.10 2803020410096 392.10 2803020240105 138.80 2803020410106 752.00 2803020310004 377.75 2803020420081 894.50 2803020310009 93.40 2803020420087 534.00 2803020310031 246.00 2803020420087 124.60 2803020310032 370.70 2803020420098 181 .20 2803020310042 174.50 2803020430004 57.50 2803020310049 280.80 2803020430010 51.50 2803020310091 90.00 2803020430012 263.40 2803020310107 438.60 2803020430066 386.40 2803020310132 133.85 2803020430100 627.80 2803020310138 193.40 2803020430102 141.00 2803020320033 87.60 2803020440031 60.20 2803020320046 180.30 2803020440050 90.00 2803020320049 304.00 2903020110008 223.20 2803020320075 385.20 2903020110057 408.40 2803020320079 521.50 2903020140017 306.90 2803020320099 292.40 2903020140018 220.90 2803020320100 688.00 2903020140032 165.60 2803020320102 254.70 2903020140066 254.70 2803020320125 219.30 2903020210007 163.60 . 2803020320128 246.00 2903020240001 298.20 2803020320140 51.50 2903020240051 399.70 2803020320144 246.00 2903020310014 495.40 City of Stillwater 2005 Certification of Delinquent Sewer Billings . For Collection with the 2006 Property Taxes Project #0001 1 Year - 10% Interest Property Certification Property Certification 10 Amount 10 Amount 2903020310024 475.10 2903020440012 51.50 2903020320022 51.50 2903020440014 51.50 2903020320037 335.90 2903020440017 144.90 2903020320044 63.10 2903020440020 130.40 2903020320049 457.70 2903020440025 286.60 2903020320055 226.10 2903020440026 246.00 2903020320066 611.40 2903020440031 222.70 2903020320068 262.40 2903020440041 246.00 2903020320081 201.10 2903020440070 518.60 2903020320086 359.10 2903020440075 301.10 2903020330013 411.30 2903020440101 277.90 2903020330026 454.80 2903020440118 142.00 2903020330030 93.40 2903020440129 272.10 2903020330048 257.00 3003020310053 51.50 2903020330073 236.00 3003020330029 236.00 2903020330076 437.40 3003020330057 113.00 2903020340010 266.30 3003020410004 206.60 2903020340018 359.10 3003020410019 269.20 . 2903020340020 246.00 3003020410028 61.50 2903020340040 277.90 3003020430014 51.50 2903020340043 95.00 3003020440049 367.80 2903020340045 230.30 3003020440061 100.80 2903020340048 86.30 3103020110022 254.70 2903020340081 321 .40 3103020110050 90.50 2903020340084 396.80 3103020110084 66.00 2903020340085 431.60 3103020110085 269.20 2903020340093 120.30 3103020110088 301.10 2903020410009 575.00 3103020110090 379.40 2903020410013 60.20 3103020120002 246.00 2903020410029 463.50 3103020120007 203.50 2903020410039 123.00 3103020120017 429.70 2903020410041 141.00 3103020130012 113.00 2903020410055 469.30 3103020140042 304.00 2903020410080 280.80 3103020140044 2,278.90 2903020410083 364.90 3103020140051 417.10 2903020410092 61.50 3103020220034 177 .40 2903020410093 54.40 3103020220062 174.50 2903020420009 866.60 3103020310026 51.50 2903020430020 51.50 3103020310078 80.50 2903020430027 463.50 3103020310089 232.50 2903020430031 330.10 3103020310092 55.70 2903020430041 123.00 3103020410026 246.00 2903020430053 492.50 3103020410038 84.70 . 2903020430074 51.00 3103020430009 90.00 2903020430075 268.20 3103020440014 2,887.00 . City of Stillwater 2005 Certification of Delinquent Sewer Billings For Collection with the 2006 Property Taxes Project #0001 1 Year - 10% Interest Property Certification Property Certification 10 Amount 10 Amount 3203020110019 209.30 3303020120089 631.70 3203020110020 121.50 3303020120091 591 .10 3203020120019 301 .10 3303020120100 250.50 3203020120048 246.00 3303020120110 246.00 3203020120053 335.90 3303020120139 183.20 3203020120054 47.30 3303020120157 86.60 3203020130050 315.60 3303020130028 475.10 3203020130053 57.30 3303020130029 51.50 3203020130084 318.50 3303020130033 51.50 3203020130097 246.00 3303020130042 136.60 3203020140022 309.80 3303020130043 246.00 3203020210029 335.90 3303020130045 51.50 3203020210054 422.90 3303020130046 246.00 3203020210104 548.00 3303020130057 113.00 3203020220017 315.60 3303020130061 246.00 3203020220020 50.00 3303020130066 73.10 3203020220062 324.30 3303020130074 373.00 . 3203020220065 236.00 3303020140013 51.50 3203020220085 362.00 3303020140021 51.50 3203020230007 196.80 3303020140022 479.20 3203020230018 408.40 3303020140071 257.60 3203020230026 304.00 3303020140074 362.00 3203020230046 246.00 3303020140120 185.20 3203020320005 80.00 3303020140128 263.40 3203020320049 102.50 3303020140131 246.00 3203020320057 51.50 3303020210008 335.90 3303020110048 275.00 3303020210012 83.40 3303020110064 123.00 3303020210059 54.40 3303020110065 283.70 3303020210102 283.70 3303020110074 124.60 3303020210109 156.50 3303020110086 139.10 3303020210123 74.70 3303020110097 147.80 3303020220041 262.10 3303020110111 353.30 3303020220044 76.00 3303020110126 376.50 3303020220055 408.40 3303020110129 57.30 3303020240012 298.20 3303020110136 180.40 3303020240027 414.20 3303020110138 51.50 3303020310002 296.90 3303020120017 241.80 3303020320012 174.50 3303020120030 66.00 3303020320016 1,585.00 3303020120037 174.00 3303020320016 1,136.90 3303020120062 246.00 3303020320024 61.00 3303020120066 51.50 3303020320033 246.00 . 3303020120069 174.50 3303020320035 51.50 3303020120086 52.40 3303020320035 113.00 3303020120087 207.00 3303020340013 246.00 City of Stillwater 2005 Certification of Delinquent Sewer Billings For Collection with the 2006 Property Taxes Project #0001 1 Year - 10% Interest . Property 10 Certification Amount Property 10 Certification Amount 3403020220010 3403020220013 3403020230024 3403020230090 3403020230091 66.00 173.90 90.00 90.00 248.90 Total sewer charges to be certified are $101,214.83. .1 . . RESOLUTION 2005-260 ADOPTING DELINQUENT GARBAGE BILL CHARGES LOCAL IMPROVEMENT NO. 00002 WHEREAS, it is the policy of the City of Stillwater to certify to the County the delinquent garbage bill charges. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, which the attached list constitutes the delinquent garbage bill charges and is hereby levied as an assessment against those parcels and the total is $56,242.83. Adopted by the Stillwater City Council this 6th day of December 2005. Jay L. Kimble, Mayor ATTEST: . Diane F. Ward, City Clerk . Waste Management 2005 Certification of Delinquent Garbage Billings For Collection with the 2006 Property Taxes Project #0002 1 Year - 10% Interest . Property Certification Property Certification 10 Amount 10 Amount 1903020340031 $70.04 2103020430027 $244.99 1903020440048 $68.45 2103020430045 $180.53 2003020210013 $287.96 2103020430051 $400.44 2003020210020 $93.99 2103020430065 $275.70 2003020220009 $283.96 2103020430080 $267.04 2003020230017 $133.04 2803020110008 $68.35 2003020240009 $283.96 2803020110038 $71.04 2003020340006 $77.83 2803020120078 $474.75 2003020410038 $290.76 2803020130081 $283.96 2003020440024 $307.03 2803020130092 $51.13 2103020110003 $247.80 2803020140032 $606.42 2103020130010 $281.09 2803020210004 $212.32 2103020130041 $155.92 2803020210013 $155.92 2103020130053 $247.46 2803020210023 $67.42 2103020130062 $212.32 2803020210029 $243.31 . 2103020130063 $247.46 2803020210042 $209.35 2103020130064 $247.46 2803020210043 $192.19 2103020130074 $245.78 2803020210055 $57.31 2103020140007 $247.46 2803020210092 $250.84 2103020140014 $247.54 2803020210095 $77.14 2103020140018 $114.52 2803020210104 $375.33 2103020140019 $68.45 2803020210108 $247.46 2103020140020 $282.73 2803020210109 $365.08 2103020140032 $247.46 2803020210112 $247.46 2103020230004 $53.26 2803020210114 $68.44 2103020240013 $115.19 2803020210135 $510.13 2103020330027 $247.46 2803020220006 $245.85 2103020330049 $250.78 2803020220012 $125.70 2103020330049 $89.52 2803020220016 $388.66 2103020330062 $247.46 2803020220066 $59.63 2103020330079 $256.30 2803020220073 $394.95 2103020340036 $212.40 2803020220079 $210.47 2103020340037 $235.82 2803020220080 $279.23 2103020340042 $247.70 2803020220089 $492.78 2103020340048 $107.71 2803020220093 $68.45 2103020340073 $297.60 2803020230034 $137.93 2103020340090 $82.59 2803020230056 $286.49 2103020340113 $95.53 2803020230056 $68.45 2103020340116 $138.52 2803020230065 $294.89 2103020340142 $157.65 2803020230085 $284.04 2103020410023 $67.01 2803020230108 $250.84 . 2103020430014 $65.58 2803020230113 $247.54 2103020430014 $133.30 2803020230132 $283.96 . Waste Management 2005 Certification of Delinquent Garbage Billings For Collection with the 2006 Property Taxes Project #0002 1 Year - 10% Interest Property Certification Property Certification ID Amount ID Amount 2803020230136 $137.93 2803020420004 $169.36 2803020240020 $68.45 2803020420013 $68.45 2803020240025 $637.47 2803020420070 $120.78 2803020240028 $247.60 2803020420087 $251.33 2803020240035 $67.79 2803020430010 $137.93 2803020240038 $104.04 2803020430012 $283.04 2803020240051 $121.68 2803020430070 $283.93 2803020240061 $289.07 2803020430075 $56.51 2803020240062 $249.24 2803020430100 $227.93 2803020240104 $211.51 2903020110049 $247.46 2803020240105 $118.75 2903020110050 $80.68 2803020310004 $243.99 2903020140066 $283.96 2803020310021 $302.86 2903020240051 $259.16 2803020310024 $50.00 2903020240053 $283.96 2803020310031 $247.49 2903020320009 $137.93 . 2803020310034 $177.03 2903020320018 $281.00 2803020310091 $204.52 2903020320037 $423.21 2803020310107 $512.58 2903020320068 $155.78 2803020310132 $250.84 2903020320081 $135.46 2803020310138 $211.48 2903020330048 $283.62 2803020320049 $340.44 2903020330073 $243.19 2803020320075 $283.96 2903020340005 $247.46 2803020320080 $59.63 2903020340018 $212.32 2803020320099 $244.99 2903020340048 $163.96 2803020320100 $247.46 2903020340048 $171.52 2803020320125 $304.97 2903020340081 $237.21 2803020320144 $164.37 2903020340084 $246.67 2803020330015 $187.01 2903020340085 $283.04 2803020330027 $312.76 2903020340093 $120.84 2803020330049 $120.26 2903020410039 $178.89 2803020330061 $752.43 2903020410041 $81.82 2803020330066 $198.25 2903020410080 $247.46 2803020330070 $190.60 2903020410083 $251.00 2803020330074 $254.36 2903020410092 $277.10 2803020330077 $365.79 2903020420009 $249.84 2803020330083 $99.27 2903020430020 $247.46 2803020330109 $120.26 2903020430031 $137.93 2803020340007 $247.54 2903020440012 $137.93 2803020340090 $278.83 2903020440017 $199.64 2803020340105 $202.87 2903020440026 $212.43 2803020340112 $59.63 2903020440057 $155.92 . 2803020340114 $119.58 2903020440066 $196.45 2803020410089 $103.26 2903020440070 $164.45 Waste Management 2005 Certification of Delinquent Garbage Billings For Collection with the 2006 Property Taxes Project #0002 1 Year - 10% Interest . Property Certification Property Certification 10 Amount 10 Amount 2903020440101 $86.02 3303020110049 $208.43 2903020440118 $208.43 3303020110063 $107.57 3003020310006 $59.63 3303020110065 $282.01 3003020410017 $254.93 3303020110086 $282.01 3003020410019 $373.33 3303020110111 $269.91 3003020410028 $212.32 3303020110129 $125.30 3003020430011 $96.94 3303020110136 $104.79 3103020110038 $220.25 3303020120030 $59.63 3103020110066 $81.87 3303020120051 $283.96 3103020110085 $152.64 3303020120066 $137.93 3103020120007 $73.89 3303020120086 $59.63 3103020120017 $543.64 3303020120087 $89.55 3103020130012 $286.67 3303020120091 $247.46 3103020140010 $197.61 3303020120094 $600.34 3103020140022 $120.26 3303020120139 $92.31 . 3103020140044 $308.56 3303020130028 $143.50 3103020140051 $220.40 3303020130029 $51.13 3103020210008 $114.43 3303020130030 $251.69 3103020240056 $68.45 3303020130030 $301.51 3103020310037 $58.96 3303020130031 $145.93 3103020320075 $287.90 3303020130043 $244.99 3103020410019 $148.38 3303020130061 $247.60 3103020410026 $250.78 3303020130066 $68.45 3203020120053 $283.99 3303020130074 $181.68 3203020120070 $140.25 3303020140022 $497.82 3203020130084 $59.52 3303020140064 $51.13 3203020130097 $244.99 3303020140071 $345.62 3203020140022 $144.65 3303020140074 $247.46 3203020140032 $67.48 3303020140128 $216.12 3203020140093 $93.58 3303020140131 $210.35 3203020210029 $269.66 3303020210008 $144.65 3203020210054 $283.96 3303020210059 $290.68 3203020210077 $155.92 3303020210102 $283.96 3203020210093 $212.67 3303020210109 $51.13 3203020210114 $61.60 3303020220006 $255.83 3203020220062 $280.93 3303020220041 $245.09 3203020230026 $261.64 3303020240027 $283.96 3203020230036 $60.63 3303020310002 $265.05 3203020230046 $140.96 3303020320030 $190.77 3203020240045 $218.98 3303020320030 $181.68 3203020240067 $243.99 3303020320032 $477.41 . 3203020240074 $207.71 3303020320033 $163.54 3302020120110 $284.06 3303020320033 $211.65 . . . Waste Management 2005 Certification of Delinquent Garbage Billings For Collection with the 2006 Property Taxes Project #0002 1 Year - 10% Interest Property 10 3303020320035 3303020320035 3303020340013 3403020220006 3403020230024 3403020230032 3403020230037 3403020230050 3403020230090 3403020230091 Certification Amount Property 10 Certification Amount $125.87 $310.17 $285.90 $130.51 $206.89 $53.37 $162.56 $161.96 $250.54 $245.78 Total Waste Management charges to be certified are $56,242.83. . RESOLUTION 2005-261 APPROVING AGREEMENT WITH ALLST AR WIRELESS BE IT RESOLVED by the City Council of Stillwater, MN that the Agreement between the City of Stillwater and Allstar Wireless for radio maintenances, as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign the agreement. Adopted by the Stillwater City Council this 6th day of December 2005. Jay L. Kimble, Mayor ATTEST: . Diane F. Ward, City Clerk . --,I '-- ALLS.*R Maintenance Contract Agreement . 451 Eaat Cliff Road. Suite 101 Burnsville. MN 55337 Name: Stillwater Public Works 216 N. 4th Street Stillwater, MN 55082 Tim Thomsen! Superinten. 651-439-4561 651-351-2844 Date: November 28, 2005 Maintenance Period: Jan.1 2006 - December 31, 2006 Payment Schedule: Quarterly or Annual Special Instructions/Comments: Address: City, State, Zip: Contact Name: Telephone: Fax Number: Radio Maintenance Agreement Item Quantity Description Location Place of Service Monthly Fees Rate/Mo. Total 1 1 Base/ Kenwood Mobile **city hall customer site $8.00 $8.00 2 1 Base/ Kenwood Mobile **front desk customer site $8.00 $8.00 3 15 Mobi1es/ maxtrac/***maxar public works customer site $8.00 $120.00 4 12 Kenwood TK-762 Mobiles public works customer site $8.00 $96.00 5 7 Kenwood/ Motorola Portables public works allstar shop $7.00 $49.00 6 3 Mobile Radios engmeenng customer site $8.00 $24. 7 2 Portable Radios engineering allstar shop $7.00 $14. 8 1 Motorola Base w/ Pwr Supply Wilkins Street Time & Materials 9 4 Kenwood TK762 mobiles warranty warranty ** covers radio/ mic & pwr supply are above contract ***parts are scarse. Radio may need to be replaced. Monthly Total $319.00 · Maintenance Agreement customers receive priority service on all equipment. · Trip Charge is included. · Service Hours are Mon. - Fri., 8AM - 5:00 PM excluding holidays. Calls coming in after 3PM may receive on-site service the next day. After Hour Emergency Service is Available for an extra fee. · This agreement covers all repairs. Physical, liquid or damage other than normal wear & tear will be above contract · Batteries & Antennas are accessory items. · Annual Preventive Maintenance Is Included on All Equipment. AllStar Wireless Inc. Customer . By: By: Date: . . . STAFF REQUEST ITEM I Department: Fire Date: November 28, 2005 DESCRIPTION OF REQUEST (Briefly outline what the request is) Council approval to renew annual public safety radio maintenance contract with Allstar Wireless (formerly Johnson Radio Communications Co.). The fire department has utilized Allstar Wireless for several years to maintain and repair the department's public safety mobile and portable radios as needed. Allstar has been a very dependable and reliable contractor and has kept the department's radios in good working condition. 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) The department plans for and budgets for this maintenance contract annually. The 2006 agreement is $147.30 per month, $1,767.60 per year. ADDITIONAL INFORMATION ATTACHED Yes x No Original Copy of the Maintenance Contract Agreement 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, Cbief~ I Date: November 28, 2005 ALLST*ii Maintenance Contract Agreement . 451 East Cliff Road. SuIte 101 Burnsville. MN 55337 Name: Stillwater Fire Department 216 N. 4th Street Stillwater, MN 55082 Stuart Glaser-Fire Chief 651-351-4970 651-351-4967 Date: November 22,2005 Maintenance Period: 12/1/05 - 11130/06 Payment Schedule: Annual Payment - 5% Discount Special Instructions/Comments: Address: City, State, Zip: Contact Name: Telephone: Fax Number: Radio Maintenance Agreement Item Quantity Description Location Place of Service Monthly Fees Rate/Mo. Total I 3 Spectra Mobiles customer customer site $7.30 $21.90 2 2 Motorola System 900 Mobiles customer customer site $7.30 $14.60 3 1 Syntor Mobile customer customer site $7.30 $7.30 4 I Engine 6107 Mobile customer customer site $7.30 $7.30 5 1 GE Mobile customer customer site $7.30 $7.30 6 I Remote/ Back Radio customer customer site $5.00 $5t 7 I Spectra Mobile w/Base customer customer site $15.00 $15. Speaker Mic, & Power Supply 8 1 Vehicle 61121 MSC 2000 customer customer site $7.30 $7.30 9 1 *MSR 2000 Basel Water Tower customer customer site $35.00 $35.00 24X7 emergency coverage incl. 10 CPI Remote tied to paging, customer customer site $12.00 $12.00 encoder & MSR2000 Base 11 1 Mobile - Vehicle 6111 customer customer site Fire truck-AAM25KKC91ANI $7.30 $7.30 103TAG9041 CDM750 12 Vehicle 6118 customer customer site $7.30 $7.30 Monthly Total $147.30 · Maintenance Agreement customers receive priority service on all equipment. · Trip Charge is included. · Service Hours are Mon. - Fri., 8AM - 5:00 PM excluding holidays. Calls coming in after 3PM may receive on-site service the next day. After Hour Emergency Service is Available for an extra fee. · This agreement covers all repairs. Physical, liquid or damage other than normal wear & tear will be above contract · Batteries & Antennas are accessory items. · Annual Preventive Maintenance Is Included on All Equipment. . . . . AlIStar Wireless Hardware Support Agreement General Provisions Schedule Maintenance: Includes the labor and parts necessary to inspect, clean, maintain and repair equipment at the service center listed on the reverse side of this Agreement, according to the coverage selected (See Rate I or Rate 2). Rate 1: This rate reflects coverage limited to internal components of the chassis and control head (if applicable) only. Service for all supporting accessories (i.e., vehicle battery, power supply, wiring to radio, antenna parts, microphone, speaker) will be at regular rates (Time & Material). Rate 2: This rate reflects coverage to all chassis, control head, and accessories supporting the operation of the 2-way radio. Power to the radio must be free from noise interference and supply proper radio power levels. Field Service: Is included in maintenance agreement. T & M calls will be charged a trip fee. Unlimited Number of Service Calls: During the Contract period, all parts and labor are included as described under Rate 1 or Rate 2 in the yearly charge. When requested, service will be furnished during normal business hours of 8:00am - 5:00pm, Monday through Friday (Except on National Holidays). 24-hour on-call service is available with charges over and above the Contract rate. Service provided under this Agreement shall not include labor, parts or expenses necessary to repair damage caused by acts of God, strikes, fire, water, accident. misuse, or service by unauthorized personnel. AllStar Wireless Inc., will not be liable, for any failure or delay in performance due in whole of part to any cause beyond AIlS tar Wireless control. AllStar Wireless shall not be liable for loss or profit or other economic loss, indirect, special, consequential or other similar damages arising out of any breach of this Agreement or obligations under this Agreement. Invoices will be rendered and payment is to be made in advance on a basis at the current rates. No Service will be performed if your account is 30 days past due, This Agreement will renew itself automatically each year at the rates in effect at the time of renewal and will continue on an annual basis unless cancelled by either party by 30 day written notice. Units added to the existing Contract Agreement will be pro-rated to maintain annual renewal of all covered units. Customer will pay, or reimburse, ASW for all state and local taxes imposed on Customer or ASW as a result of this Agreement. This Agreement may be assigned only with the prior written consent of ASW. This Agreement is governed by the Laws of the State of Minnesota. FCC records and requirements are the responsibility of the licensee. This Agreement includes an annual preventive maintenance check of system to ensure maximum uptime per customer request. Agreement is contingent upon verification of quantities, serial numbers and units in good working condition. SA Customer will receive a 5% discount on battery and accessory items. Customer will receive a 5% discount for annual billing. * When signed on the reverse side, this Agreement shall be in effect as described above. . STAFF REQUEST ITEM Department: Fire I Date: November 28,2005 DESCRIPTION OF REQUEST (Briefly outline what the request is) Accept grant agreement with the State of Minnesota Department of Natural Resources to assist in the purchase of slip-on pump unit for the fire department's proposed new grassfirelwildland vehicle. 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) Grant award is in the amount of $2,000.00 and will reduce the cost to the City for the purchase of a slip-on pump unit for the department's grassfire/wildland vehicle. This equipment has been included in the fire department's capital improvement budget for fiscal year 2006. . 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. r-... ~ Submitted by~ Stuart W. GIaser,Cilief ~- Date: November 28, 2005 . RESOLUTION 2005-262 ACCEPTING GRANT AGREEMENT WITH STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES BE IT RESOLVED by the City Council of Stillwater, MN that the Agreement between the City of Stillwater and the State of Minnesota Department of Natural Resources to assist in the purchase of slip-on pump unit for the Fire Department, as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign the agreement. Adopted by the Stillwater City Council this 6th day of December 2005. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . . . . . . Minnesota Department of Natural Resources Division of Forestry...402 Southeast Eleventh Street...Grand Rapids, MN 55744 RE: 2006 Forestry Assistance Matching Grant Here's the contract for receiving your "Volunteer Fire Assistance" matching grant. The amount of the grant is indicated on the grant contract. Please read contract carefully, some of the language has been changed. All three contract copies need to be signed by the 2 people delegated the authority to sign a legal and binding contract (see "Grantee", second signature block). The Mayor and the Clerk sign if the unit of government is a city. The Board Chairman and the Clerk sign if the unit of government is a township. The President and the Secretary sign when the department is incorporated onto itself. All 3 copies should be returned within 30 days to: Kristie Prahl DNR Fire Center 402 Southeast Eleventh Street Grand Rapids, Minnesota 55744 After the State Agency signs the contract, I will forward a copy to you. If you need to talk with me, my number is .., (218) 327-4572. Sincerely, ~~n Kristie Prahl VFA Grant Contract Specialist enc r)i'~TR InL_~rn1JtjcirL 651 29{.-6157 ~ 1-8t~S-.6~6-6367 ,.- TT)-" 651-296-5~S4 ~ ] -800-65~ -:,929 /\f1 Ecu.:11 c':f'~',:_'r;-(jnit: F1T,r':C:\-~:r \\rrl -~'.s: _:~:C',-'SLJ';'-'e' "//25:8 Accounting Information Agency: R29 Total Amount of Contract: $2,000.00 I Commodity Code: Object Code: 5BOO Amount: $2,000.00 STATE OF MINNESOTA GRANT CONTRACT Fiscal Year: 6 Amount of First FY: H Commodity Code: Object Code: Amount: Vendor Number: 047505001-00 Commodity Code: Amount: . Acct Dist 1: Acct Dist 2: Acct Dist 3: Fund: 300 Fund: Fund: Appr: 303 Appr: Appr: Org/Sub: 3713 Org/Sub: Org/Sub: Rept Catg: 3410 Rept Catg: Rept Catg: Amount: $2,000.00 Amount: Amount: e Contract: A83460 Begin Date November 14. 2005 End Date SEPTEMBER 30.2006 Contractor: STILL WATER FIRE DEPT 216N4ST STILL WATER. MN 55082 (jrJnt (Re\ 03:(4) . . . . STATE OF MINNESOTA GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Department of Natural Resources, Division of Forestry, 402 Southeast Eleventh Street, Grand Rapids, Minnesota 55744 ("State") and STILL WATER FIRE DEPT, 216 N 4 ST, STILLWATER, MN 55082, ("Grantee"). Recitals 1. Under Minn. Stat. ' 84.026 authorizes the Commissioner of Natural Resources, on behalf of the State, to accept and use grants of money from the United States or other grantors for conservation purposes not inconsistent with the laws of this state and in accordance with the purposes of the grant and applicable Federal and State laws and authorizes the Commissioner to make sub-grants of any money received to other agencies, units of local government, and private nonprofit corporations; and Minn. Stat. ' 88.067, as amended in Laws of Minnesota 2000, Chapter 231, Section 113, authorizes the Commissioner of Natural Resources, on behalf of the State, may make grants for procurement of fire suppression equipment and training of fire departments in techniques of fire control. Fire suppression equipment may include, but is not limited to, fire suppression tools and equipment, protective clothing, dry hydrants, communications equipment and conversion of vehicles to wildfire suppression unit. The commissioner may require a local match for any grant. Grantee is a governmental unit and or is a fire- fighting entity located in a rural area; and the State is empowered to enter into this grant. 2. The State is in need of fire department assistance to suppress wildland fires. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Grant Contract 1 Term of Grant Contract 1.1 Effective date: This grant will cover expenses beginning November 14, 2005, although no payments can or will be made until the grant is fully executed and as date signed by the Minnesota Commissioner of Natural Resources, or his delegate. 1.2 Expiration date: Work on this project must be completed on or before September 30, 2006. The State is to be invoiced by November 30, 2006 or the contract will be canceled. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 13. Publicity and Endorsement; 14. Governing Law, Jurisdiction, and Venue; and 16 Data Disclosure. 2 Grantee's Duties The Grantee, who is not a state employee, will: 1. Complete work specified in the Project Proposal attached hereto as Exhibit A. This Project Proposal shall be a part of this grant. Highest priority is indicated in the office use only box of Exhibit A; however, any of the listed projects or a combination of the listed projects on Exhibit A, may also qualify for this grant with written approval from the State of Minnesota. 2. Insure all equipment acquired through this grant must be used solely for prevention, suppression and control of fire. 3. Report GPS locations of dry hydrant or water facilities constructed under this grant to Kristie Prahl, Rural Fire Programs Assistant, 402 Southeast Eleventh Street, Grand Rapids, Minnesota 55744. 4. Shall be NIMS (National Incident Management System) compliant before completion of this project. (irant (Re\ 03(4) 2 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. . 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: Compensation. The Grantee will be paid in an amount not to exceed $2.000.00. based on the following computation: The STATE shall reimburse GRANTEE for up to 50 % of the reasonable net cost of items purchased, or expenditures made, in accordance with the approved project proposal. This reimbursement shall not exceed the total amount of this grant. (1) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract will not exceed A$O.OO" provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan@ promulgated by the commissioner of Employee Relations. The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (2) TotalObligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $2.000.00. 4.2. Payment (1) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and upon completion of the services. All work must be completed by Seotember 30.2006. . (2) Federalfunds. (Where applicable, ifblank this section does not apply) Payments under this grant contract will be made from federal funds obtained by the State through Cooperative Forestry Assistance Act of 1978, CFDA number 10.664. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be perfonned to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee \\oill not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or loca11aw. 6 Authorized Representative The State's Authorized Representative is Eugene Mannelin, at 218-327-4373, or his/her successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certifY acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is, Fire Chief,(651) 351-4951. 7 Assignment, Amendments, Waiver, and Grant contract Complete 7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, or their successors in office. . 7.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. (irant (Rev (304) 3 . . .14 7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or its right to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnifY, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn.Stat. I 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. 10 Government Data Practices and Intellectual Property 10.1. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. ' 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. 10.2. Intellectual Property Rights Not applicable 12 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. I 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 13 Publicity and Endorsement 13.1 Publicity. Any publicity regarding the subject matter of this grant contract must identifY the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 13.2 Endorsement. The Grantee must not claim that the State endorses its products or services. Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-Iaw provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. (irant (Rev. 0.< 04) 4 15 Termination 15.1 Termination by the State. The State may cancel this grant contract at any time, with or without cause, upon 30 days I written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined o. pro rata basis, for services satisfactorily performed. 16 Data Disclosure Under Minn. Stat. I 270.66, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. I I 16A.15 and 16C.05. 3. STATE AGENCY Signed: ~~- By: (with delegated authority) Title: Forestry Division Director Date: November 23,2005 Date: CFMS Grant contract No: A83460 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. . By: Title: Date: By: Title: Date: Distribution: Agency Grantee State I s Authorized Representative - Photo Copy . (,ranI (Rev. 03/04) " Complete and Mati to: (do not fax) , lVlA TCHING GRANT PROJECT PROPOSALS " Kristie Prahl MN Interagency Fire Center 402 Southeast 11 th Street Grand Rapids, Minnesota 55744 . (218) 327-4572 .. POSTMARKED NO LATER THAN......... OCTOBER 1, 200S+ Fire Department: 311 Ilwq,-!-et- Mailing Address: ~ 21 c-., N. L./ stre-e.+ City, State, Zip: St-l "V0cd-tr t Y"r) N 5'::> --oB 2. Name & Title of person filling out form: ~~~ ~C'4 IL~ Ve..p-rf-o hrt!- c b.iif Telephone: Day: &-S-I-&:::>I- '195/ Night: CP:)I-77 'S- 779 ~ Cell: crl- 77)- 779~' . Fire Hall: 057-35/; -Y7's-C e-maIl:' Il""'r... IL;:c....Qlr : _ <:.-ctll....u -IL/. H1"" (./ S- 1. Population directly benefiting from the project: c;;? ~ 000 2. Fire Department's protection area (square miles): ~ L (.> (excluding mutual aid area) i." t-:, ~_. \/i""'o'--' . " c: .J r' 3 h f!.D /.// h L4.,/-} . Number of fire incidents for t e previous year: wildland _ structural 7' ot er 7~T T 4. Fill in the estimated total cost of the project(s) with the dollar amount. . Wildland Personal Protective Equipment Excess Property Equipment Conversion $ Wildland equipment $ Foam unit $ 1 Y. SOD. t~lip-on-unit $ - Pumps $ Wildland training $ Other miscellaneous projects (please describe) I $ Hose, nozzles, water movement items I $ Radios/pagers $ Breathing apparatus $ Structural Turnout Gear $ Cascade system $ Structural Equipment (be specific) For dry hydrants, see back of form Fire Department's Authorized Signature:-L ~ , Date: I I I I 1 ) j J 9krAv- OFFICE USE ONLY: GRANT APPROVED UP TO $ .7?oL'v r cSc APPROVALIDATE: /t / /L/ - C)S-- Modified Project: /'4' JI . /. / //L/i"? j>;7V ,,-c".?-::?Z-c ./ CONTRACT NUMBER At',} /-'/t-y~7 ,r PRIORITY IS FOR Approval/date: Exhibit A . . . 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)297-5259111' (651)282-6555 APPLICATION AND PERMIT FOR A TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION N..y.1E OF ORGANIZATION ~. ' . DATE QRGANIZED TAX EXEMPT NUMBER . (--;rtClA-{k'" ShIlWCl.-feJo' CJlcun1ou' or Cumm(tc' 1/ I / aDOI 4/- /y Cl 05/l STREET ADDRESS. CITY. STATE ZIP CODE 10Lo Su. tnQU) Sh--ef;t S1, \ \ \,0':dZv rl\N 5c.:i)6d--. NAl\1E OF PERSON MAKING APPLICATION BlJS~S~ PHONE I HQME PHONE - "2- , .~~ 6/ T/ tt: 2- 4 lua=- JV ((C>$y ;; S"/rC/2-?~ 2- ((/ J7 ::; 57 0 ZiP DATES LIQUOR ~L BE SOLD TYPE OF ORGANIZATION . . 1--'..2 b z.-."3 '2-0 c~ (<~ DCLUB DCHARITABLEDRELIGIOUS)zfOTHER NONPROF ORGANIZATION OFFICER'S NAME ADDRESS ' f'fli(\,\€j\e. KOSt: ,)C\(\<CJ )'S''''-) [:A') ~ iYlcun ~t Shl/wdtll))C\J 550'5~ ORGANIZATION OFFIu:t<.:S NAME ADDRESS ffi\cY,c\.~ JG.hns,c::y, :H/6i fi;l(j\i:' ~:; i)~ P>IIA. LoJu f~nc mN ')JC~;).. ORGANIZATION 6FFICER'S NAME ADDRES's ' C\.-'-.J\....\ Sl,~,:)'('uYSoy\ 1S;l.~ J'S-M\ strLi-L-:t LLL'~ fIJ. fukLlGlf I inN 551c2'C Location where license will be used. If an outdoor area, describe ~7 'Tr /1 k JJ f 1:' (L N0 + I c.-" ~.,! <1 I G~,.,J d d 1(;'1 u,< (.. t .pc.,-I t-,Iu 7 -") Ii (( 1ki1 -I-,f' /'1- i l'v\ LL 0; 'i CeO' 2 Will the applicant contract for intoxicating liquor services? If so, give the name arid address of the liquor licensee providing the senice. tJ r/ ttt t /1.- 'i f \ ! I " , t " i ! . 1\/11,- ( Will the applicant carry liquor liability insrr~~? If so, the carrier's name and amount of coverage. (NOTE: Insurance is not mandatory.) 'I...- e:-> I A.-.. -,-,OVAL APPUCATION MUST BE APPROVED BY CITY OR COUNTY BF..FORE SUBMITIlNG W ALCOHOL & GAMBLING ENFORCEMENT CITY/COUNTY City of Stillwater DATE APPROVED CITY FEE AMOUNT $25.00 per day LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNfY OFFICIAL APPROVED Alcohol & Gambling Enforcement Director Note: Do not separate these two parts, send both parts to the address above and the original signed by this division will be returned as the license. Submit to the city or County at least 30 days before the event. PS-09079 (61 . . . TO: FROM: DATE: SUBJECT: CITY OF STILLWATER MEMORANDUM Mayor and City Council ~/"":\~S;~' -, \\ \ Sharon Harrison, Finance Direct~C '," \ \ ("J November 17, 2005 Utility Bill Adjustments - Sewer Charges Descriotion Recommendation Water Leak Reduce billing from 132,000 gallons to 25,000 gallons . MEMORANDUM TO: Mayor and City Council FROM: Klayton Eckles, Director of Public Works (r/ DATE: November 29,2005 SUBJECT: Participation in Share Water Resource Educator DISCUSSION In the year 2006, the City of Stillwater will be completing a Municipal Separate Storm Sewer System permit (MS4) in order to be in compliance with the Clean Water Act and the Minnesota Pollution Control Agency requirements. This is a significant undertaking and will require ongoing management, maintenance inspection and improvement of our MS4 system. . One requirement of the MS4 permit is that each community have an education program in order to educate the public about storm water pollution. As shown on the attached discussion paper from the Washington County Water Consortium we have been discussing the possibility of jointly hiring an educator to fulfill the needs of various watershed districts and municipalities in Washington County. It is estimated the cost of hiring a person will be something around $80,000 a year. If this is divided betvv'een watershed districts, large cities and small cities and the county, the cost for the City of Stillwater could be at little as $2,000 a year. Since the City of Stillwater will be required to provide water resource education and the Water Consortium concept could provide this service to the City for a very reasonable cost, it seems that it would be in the interest ofthe City of Stillwater to support this concept. In order to move this issue along, cities and the watershed districts are providing letters of support for the concept. City Council may wish to direct staff to prepare such a document. If this concept does move forward, a memorandum of understanding will be developed and an agreement signed which will obligate cities and watershed districts to contribute to the shared water resource educator position for a period of 3 years. RECOMMENDATION . Staff supports the concept of a shared water resource educator; therefore it is recommended that Council approve the concept and direct staff to prepare a letter of support and continue to work with the Washington County Conservation District and Water Consortium to develop a memorandum of understanding and agreement. ~cJ j- ,J 2005 {dC' r"F"'fi Uflf! ~,,<<vU.'\, ,L IVi DISCUSSION PAPER F R A SHARED WATER RESOURCE EDUCATOR . NEED Water resource education is a central component of the MS4 program, watershed plans, and other Strategic Plans. Many education components can be shared among multiple organizations, but there is limited staff time available for delivery and coordination. A dedicated shared Washington County Water Resource educator can maximize benefits and reduce agency overlap. CONCEPT Hire a shared education specialist. The position would assist in implementing watershed education strategies, develop and implement an MS4 education plan, conduct education events, coordinate programs, and prepare an annual education report. See DRAFT Job Description provided. FUNDING Based on cost estimates submitted by Washington Conservation District, Washington County, and UM Extension Service, approximately $63,000 to $83,OOO/year would be required to hire an experienced education specialist, including benefits and overhead (See provided cost estimates). Additional funding would be encouraged to pay for educational products and materials, such as posters, brochures, displays, ect. . The following are suggested funding levels and a potential funding formula for consideration: Small Watershed Districts (Taxable Market Value < $1 Billion): $10,OOO/year (CMWD) Medium Watershed Districts (TMV $1-5 Billion): $15,OOO/year (VBWD, BCWD, CLFLWD) Large Watershed Districts (TMV >$5 Billion): $20,000/year (SWWD) Watershed Management Organizations: $5,OOO/year Watershed Districts with existing educational staff: $2,OOO/year Large MS4 Cities: $2,000/year Small MS4 Cities: $500/year WCD/County: $5,OOO/year A sample Memorandum of Understanding (MOU) used to hire a shared position is provided. TIME ALLOCATION In addition to the countywide benefits, participating entities could be allocated time for local education efforts. The specifics for time allocation need to be decided upon by the participants. A formula like the following could be used: x% of the position's time would be allocated to county-wide programs that benefit multiple/all jurisdictions. The remaining x% would be used for local efforts. This time could be spread out over the lifespan of the 3-year contract. These percentages are the fine details that would need to be worked out by the group and incorporated into the MOU. . 1 W(Jshin~Jton County Water Consort !urn c5til~jlte~ -- --- ~ 111' tl~l~'L.tf 0' )lll1"'fl!)lA '.J) 21 G N. 4tll St,"eet StilllVnter~ lUN 55082 TelepllOJle: G51-430-8800 Fnx: G51-430-8809 . APPLICATION FOR SPECIAL EVENT 'All items on application MUST be completed and received by the City 45 days prior to proposed event Incomplete applications will not be processed Submittal Date: i;~7..<"1-D5 APPLICANT INFORMA TlON Daytime Phone ~hu- k \ ~r; '1, :::)\- \ II 1t\J C. tcv 0/2--- ~,pr.o-lS:.r~ j ;~*, C (o:~ \{:J\t"~l t'J1';\"d16t:ttt 'jcl/~h Sru' I 1\'\A.t~\~( CJ. bvrvett 6-t<Get I. 1\ I.i C:;C-if6 ') State "I IV Zip__XL~__~_ Alternate Number __0~'2J__:i~~'~~~i__ Uftj\.k. Type of drganization Non-Profit For-Profit >Z Organization Contact Person Address City EVENT INFORMA TlON (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) tke' .....' ~' .,t) :,-1 CAV\ U'~.v- -J \ Hours of Event / ," .? - :!J FVV\ I (Special Events co 'c, fJ after 10:00 p.m., require Council approval of a variance to the noise ordinance) Date(s) of Event . Purpose & Description of Event II. ~ "7 LtJ : ~ I h e -U.n~ fo--b,t/cd t,I-~.q, C'rr7-Y7 \~<?2tA.~'i.llr~ S td Proposed Location of Event (be specific) u C O~'V)L'V)vtVltlW b",,: l J i"j clI~ltrf _ I " . _ c" I :, I . c I Ot.,.( ~\'t~ ~r\.( t!.v7. _ \\}{; . ;/~ \ I hI":' \/~, (Ctte, ~ rV I t:l_ -<f 1.\ VV\ I \ i rf?0 CK " fbe C1 Std eh k kt.c; Type of Event K'/45 'SK~ _/ I r t't [ e / Fc, WI,' I i OPen I (' i Jltl If Lowell Park is to be used: North Lowell Park or South Lowell Park (Circle which one or both) rtyr)vJ n /L-, C/~e K \ \'-Cl~ It., . ~. Estimated number of people to attend 50 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 Temporary Liquor Licenses are ONL Y available to non-profit organizations - $25.00 per day Permit to Consume .ite Map (required) (for the consumption of beer, wine, wine coolers, and hard liquor on public property (parks) - $35.00 fee) (attach to application) Impact on Parking (requiredL_________ Describe: (CONTINUE ON BACK) Special Signage Describe: Letter of Approval by Property Owner if on Private Property (attach to application) I OFFICE USE,ONL Y Community Development(]?'t-- .p- Comments: City Administrator I1Ccl.. ~ x)1t. City Clerk ~ Fire Chief I , Police Chief , I Public W~rk$ Di~9cbr I Public Works Superintendent , Parks Board Approval Required I Planning Comm. Appr. Required , , City Council Approval Required I L---V 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) ile' tiC Live Entertainment \\0 Level of Promotion/Advertisement Other Info~he City should be aware of: ,- ,/1\ 1 ~ : . \ftvSt , -i"V"V\ ~/'V) Applicant Signature' '" ~-~--. 'j . Size Location Deep fat frying Exiting Points Other 1'\ l, Propane ) ')(: River Lake Name: ~-~----------------- n L, EMT Standby Ambulance Standby Fire Department Standby ~ '\ ~ Describe ~ \ (" \ \ t What Streets:____________~ ~____ (Required if a/cohol is being served on public property and attendance is over 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 275-410U) Type of Music I i' (C\ l , "'/ '-Ie l it ,_, . > " I ,( { ~ l \,'(\-~0 I '-c_ , -. ;,' 1-\ f ',,' If I..':;> .(1 Fl" t ,'" - .- c~ FEES (if applicable) Permit to Consume: Temporary Liquor License $25.00 per day Event Fee Deposit $250,00 Other Fees: -- TOTAL FEES iJ /(( / .. ,. , " . . . I" ~.. 'water Memo~ _..~-=:: ~ TH~IRTHPlACE OF MINNESOTA ~ To: From: Date: Subject: Mayor and City Council II ./ Steve Russell, Community Development Director I~ December 1, 2005 Request to Subdivide 15,000 Square foot Lot in the RB, Duplex Residential District into Two Lots of7,500 Square Feet Each. Case No. SUB/05-65. Background. This item was heard by the Planning Commission at their meeting of November 14, 2005 and recommended for approval. Some comments of concern were expressed by neighbors regarding lot size and development impact on neighborhood character. The Planning Commission recommended approval on an 8-0 vote. Recommendation: Decision on request (resolution). Attachments: Staff report and application. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 PLANNING APPLICATION REVIEW FORM CASE NO. SUBj05-65 Planning Commission Date: November 14, 2005 Project Location: 324 Wilkins Street E Comprehensive Plan District: Small Lot Single Family Zoning District: RB Applicants Name: Scott Junker Type of Application: Subdivision Project Description: Request to subdivide on 150' x 100' lot (15,000 square feet) into two lots of 75' x 100' (7,500 square feet). Discussion: The request is to subdivide a 15,000 square foot lot into two lots of 7,500 square feet each. The two lots meet the dimensions and size requirements of the RB District. The City has an outstanding assessment on the property that will have to be paid before final approval and recording of the lot split. Recommendation: Approval. Conditions of Approval 1. The City assessment on the property shall be paid before the recording of lot split. 2. A certificate of survey shall be prepared showing 7,500 square feet per lot before final approval and recording the lot split. Attachments: Application and plans. CPC Action on 11/14/05: Approval +8-0 .. , '. . . . ~ PLANNING ADMINISTR; ION APPLICATION FORM Case No: :5/J;;~ -~ Date Filed: /t1~ 1/ tJS- Fee Paid: .!J/ L/2tJ Receipt No.: IS~ ACTION REQUESTED . COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 ~ "v Special/Conditional Use Permit 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 action are attached to this application. The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. All supporting material (i e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater. Sixteen (16) copies of supporting material is required. If application 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 approvalsl there is a 10-day appeal period. Once the 10-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 .required building permits. PROPERTY IDENTIFICATION Address of Project '~ay \.1)'\\ \~ Ctl:5 ~"A4- Assessor's Parcel No. :210 30 c2D Y 30 () 'J..q Zoning District R~ Description of Project Lot ']. 61 k I S ('PIItI! (G~~~r1\r1i-..tAlla Aoo .~1'Y\ I ~,()I)t) 1 ~. ~b ?. ,,0\< I! {;()o ~ t A "1 hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knOWledge and belief, to be true and correct. I further certify I will comply with the permit if it is granted and used." Property Owner 9~. ~''^ \t:e ~ Mailing Address P. (L !< () J... )~ ') City - State - Zip st.; l rn~ ~ 5<Y62 Telephone NO\.o (.".ho l-rqq;3 -"7'1:t-5' Signature \ .\)t1\ YY j ~naturei~'eqUired) (Signature is required) SITE AND PROJECT DESCRIPTION .Lot Size (dimel}sions) 1~.6 . X).J2O and Area I 5 () () .{f/. ~I _ Height of Buildings: St6r~s\ Feet Principal Accessory Representative 5~l/c Mailing Address City - State - Zip Telephone No. Signature Total Building floor area square feet Existing square feet Proposed square feet Paved Impervious Area _ square feet No. of off-street parking spaces H: \ mcna mara \sheil a \PLANAPP. FRM April 20, 2005 C7-Z03 ~-O23 <( ----_._~ 1020 0 -~--~. ~e-1~-5--- rY co " . ~- O~: 1 1012 I --. ~ "005 " rY 1-808 0 Location Map I / I I I ) '\ ' , . . ') \ I WI --~~)\.-t..7' '\/ ~ \ I" \~_\\ \\1' I-I '( , ))-7/ ) // 1 / -I h, )~ } " "023 .. -~1-e--1-3- * '" . R2IW R20W RI9W R2:!W R21W R20W Vicinity Map . o 86 Scale in Feet Tn;. drawing is Ihe rasulI oracomp,l..(oo~ and....producHonoflaMracord.aslhey apptlarin"anousWashinglonCoun(yoffi~..& Thlldrawlng.houldbousedfocref9",nco pUrpOses only. W"shjnglonCounlyisMt rospon.ibl..rcrMyina~cwr~c;es . So"rc&:Washin9Io~CounlySurv8Y<l(.Oiric.. Phon<l {651) 430.6B75 u.. o L I :r: :) z 60 o o v (0(134) (0(132) 5 10 (0031) o o .,..... 4 (0030) tiki NS50 JJ 1:::: - (0097) C") OC) o o .,..... 6 (f) (0(132) I Location Map j 150 " . ~5 " I' ! j ~ 7., (0CT26) (0CT27) 2 (OCT2S) u., t'I ~ """ " ~~) 31 ( (0CT29) ~ II: 10 r , ~:; ~ 7-> /' : l15~ !? 3~ [) ~'fRE t:: I 10 j, j 150 1 2S-030-2~-12-0025 150 ,~~ .-q~- -- ~- o <5 ~ bJ C ,,,c; I o o [? o o .,..... I t o o .,..... ~ S o <( o g l{) r-- l{) r-- l{) r-- l{) r-- l{) r-- l{) r-- 150 32 (oeno) 150 31 (0009) 150 30 (OooS) r J Y 150 10 ^' 29 150 28 150 27 (oen 1) -,-_._._---~-- -_._--._---~-_.__._--- ------_.-~._----------_.- ------ -----..----- _._-~----------_._-~_.~------~--_._-------_. . R21W R20W RI9W D2N DON T29N T28N T27N R22W R2IW R20W C") l{) N co Vicinity Map 45 J?O -----scal;;-i~et This drawing is the result of a compilation and reproduction of land records as they appear in various Washington County offices The drawing should be used for reference purposes only. Washington County is not responsible for any inaccuracies Source: Washington County Surveyor's Office. Phone (651) 430-6875 / J Parcel data based on AS400 information current through: August 31,2005 Map printed: October 7,2005 . . . . .. Memo To: From: Date: Subject: Mayor and City Council /J /" Steve Russell, Community Development Director 1""'-- December 1, 2005 Concept Review of Millbrook Development 270 Housing Units on 170 Acres located on the Southeast Corner of CR 15 and TH 96. Palmer Farm Background. The Millbrook project concept has been reviewed by the Planning Commission on February 14, 2005, April 18, 2005 and May 31, 2005; by the Joint Board on July 27, 2005 and most recently the Parks Board on November 28, 2005. All of the review agencies recommended approval of the development concept with conditions (see attached CPC staff report). A project sticking point was park space. Since the initial Planning Commission and Parks Board review, the developer has increased park dedication by providing a South Twin Lake Natural Area Park and one acre neighborhood park adjacent to the single family development area. The proposal before the Council is for the development concept review and approval. If the concept is approved, the actual planning permit applications (rezoning, subdivision, PUD and annexation) will be reviewed by the City Planning Commission, Joint Board and City Council before final review and construction. Staff feels comfortable with the project at a concept level of review but will review the development plans in more detail as a part of the PUD and subdivision review that may result in design changes or refinement from the concept presented at this time. Recommendation: Decision on Millbrook concept approval with conditions. Attachments: Concept plans, letter of transmittal and Planning Commission staff reports. . . . DAHLGREN SHARDLOW AND. UBAN INCORPORATED CONSULTING PLANNERS LANDSCAPE ARCHITECTS 300 FIRST AVENUE NORTH SUITE 210 MINNEAPOLIS, MN 55401 612.339.3300 Stillwater City Council December 6, 2005 Meeting MILLBROOK DEVELOPMENT CONCEPT PLAN Palmer Property, Stillwater, MN The Mi//brookdevelopment proposed for the Palmer property has been discussed and revised in recent months. We are presenting the revised plan to the City Council for Concept Approval in advance of formal application for annexation and development approval. Among the conditions of approval from the Planning Commission and Park and Recreation Board previously was review of park issues, which we believed we have now fully addressed. The current plan features three dedicated city parks, totaling 11.2 acres, or about 103% of the net land area. In addition there are another 30 acres of upland open space, and another 25 acres of wetlands, ponds, and slopes that contribute to the overall open space amenities on site. The Park and Recreation Board will have reviewed this latest concept at their November 28 meeting. At the urging of city staff we have shown how two of the three parks might be developed, in conceptual sketches only. The first shows how the 7.5-acre Main Park in the northwest corner can accommodate a variety of play fields, activities, and recreation spaces. It will be a great asset to the neighborhood and to the city. The smaller South Park can accommodate a play field, play structure and open area sim.llar to other small neighborhood parks in the city, and will also provide maintenance access to the storm pond behind it It is centrally located in the southern part of the development The third park, Twin Lake Park on the west shore of South Twin Lake, will feature more passive recreation - hiking, picnicking, bird-watching - on the existing knoll overlooking the lake and has not been programmed with a concept plan like the other two. The total number of units - 271 - is two more than the previous plan, due to some adjustments in roadways and open space corridors, but is still below the 273 units recommended earlier by the City's Planning Director. At the request of the City Engineer we have incorporated a roundabout in the central portion of the site, which serves to distribute traffic among the three main residential types: Glendalough Single Family, Heritage Single Family, and Metropolitan Townhouses. We look forward to reviewing the Concept Plan with you and respectfully request your concept approval so that Millbrook can move forward and begin to take shape. Philip Carlson, AICP, Senior Planner Dahlgren, Shardlow, and Uban, Inc. for US Home/Orrin Thompson >-31 IiffiL · Memo 1. . 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. To: From: Date: Subject: Planning Commission J1 , Steve Russell, Community Development Director {"----" May 26, 2005 Revised Plans for Millbrook Development (Palmer Property), Lundgren Brothers/Orrin Thompson, applicant. Background. This development has previously been before the Planning Commission at your meetings of February 14, 2005 and April 18, 2005 (staff report and minutes attached) . At those meetings, the following list of concerns were expressed:. April 18, 2005 Planning Commission Meeting. Trail along north side of South Twin Lake (called for in' revised trail plan) Summit townhouses along southern portion of Brown's Creek (recommended considering single family Glendalough along Brownfs Creek Corridor) Park dedication requirement (7.4 acres rather than 10 acres) No public access to pond (recommended access at east and west ends) Need for additional building setbacks at key corners to provide attractive landscaped entries (Neal, Glendalough Circle and Heritage Corner) Need for parking for TH 96 park Better access for attached housing area to guest parking and open space recreation areas Open view for greenway corridor through site (remove one attached bUilding) Enhanced landscaping between backs fo houses and Brownfs Creek, South Twin Lake and along park/TH 96 Guest parking for townhouse area Meet City public street standards for all streets February 15, 2005 Planning Commission Meeting 1. Parks acreage 2. Design of summit townhomes 3. Use of lake (motors/non-motorized) 4. View of ridge buildings (row of homes on ridge) 5. Traffic on Neal Avenue . 6. County plans for Manning /traffic light on 15/96 7. Walking trail around lake . 8. Impact (noise/dust) of construction 9. Plants to block and break up view of buildings 10. Street widths 11. Concern for townhouse design via Setters Glen 12. Concern for keeping specialness of site. South Twin Lake and Brown's Creek. 13. Number of housing units/attached 14. Neal Avenue improvements 15. Setbacks at corners (Neal) 16. Connect attached housing with rest of community 17. Trail connection to Neal (Comp Trail Plan) Revised Plan. The revised plan and summary of changes are separately being distributed to Commissioner's by the applicant. The letter of submittal is attached for reference. The major change in the revised plan is replacing 46 attached townhomes located along the bluff line of Brown's Creek with 21 single family detached units (The Heritage). This change does a couple of things, it reduced the height of the structures from three stories to 1 story and walkout and provides significant landscaping to break up the rear elevation of the single family residences. Additional significant landscaping is shown along the eastern edge of The Heritage units next to South Twin Lake. . This change has eliminated the three story Summit attached single family units and applies the Metropolitan attached single family design in locations that take advantage of the rear garage locations and front pedestrian street scape/open space relationship. The changes in unit composition has resulted in a distribution of units more in line with the Comprehensive Plan land use designation (single family 65%, attached 360/0). Other plan concerns previously mentioned that need further discussion include: ~ Trail on south side of South Twin Lake ~ 7.4 acres of park dedication (10 acres required) ~ Public access to single family pond (need better access) ~ Building setback key corners (prOVided) ~ Need for parking for 7.4 acres park area (40 on-street parking spaces proVided/additional can be provided in park - Park Board). ~ Guest parking for attached (on-street spaces shown on plan, some of internal units may need additional guest parking with closer access) ~ Open view of greenway corridor through site (attached units changed to single family providing better visual access) H:\mcnamara\sheila\2005\Memo 5-31-05 CPC special mtg palmer prop erty. wpd . . ~ Enhance landscaping between backs of houses and Brown's Creek (additional landscaping shown on concept plan, specifics needed in future review) Meet City street standards. This needs to be reviewed as it relates to street width parking and fire access. The roundabouts and road medians should also be further reviewed for design and function. A comprehensive trail plan for the site is needed showing location, type of trail, surfacing width and for what use ~ ~ Other Reviews. MnDOT controls site access to TH 96. They have reviewed the plans and conceptually approved the roadway access location. Watershed District approval is also required. The Watershed Districts have reviewed the concept plans as specifics are available. Actual permit review will be required with final plat application. Review Process. At this point in the review process, the revised plans should be considered for recommendation to the City Council. Comments on any outstanding concerns such as trails, street design, parks, open space, etc., should be added to the recommendations so the applicant can respond further to the concerns. After Joint Board and City Council approval of the concept plan, the application will come back to the Commission for final review (annexation, PUD, subdivision, comp plan and zoning amendment) by the Commission, Joint Board and Council before final project approval. . Recommendation: Approval of revised concept plan with conditions. Conditions 1. The lake trail shall be extended around South Twin Lake. 2. The parks plan shall be referred to the Parks Board for review and approval. 3. The street plan and traffic circle/medials shall be further reviewed for design and function. 4. Fire Department concern regarding street width, parking and design shall be reviewed by the City Traffic Engineer. 5. A detailed landscape plan shall be provided showing buildings screening along Brown's Creek and South Twin Lake. 6. Specific housing designs shall be reviewed and approved by the Planning Commission. 7. Site grading shall be reviewed by the Engineering Department. 8. The phasing of project development shall minimize the traffic impact on Neal Avenue. 9. A master trail plan shall be developed with City staff input including trail location, type of trail, surfacing, use, width and construction. . H:\mcnamara\sheila\2005\Memo 5-31-05 CPC special mtg palmer prop erty. wpd Comprehensive Planl Millbrook Land Use Comparison . Comprehensive Plan Use Designation Large Lot Single Family (2du/acre) 11% Small Lot Single Family (4 du/acre) 69% Attached Single Family (6 du/acre) 20% Net Developable Land* Acres DU/Acre Units Percentaae Large Lot Single Family 14.9 x2 30 11% Small Lot Single Family 44.7 x4 180 66% Attached Single Family 10.5 x6 63 23% 70.1 273 100% Millbrook Proposal Acres DU/Acre Units Percentaae Small Lot Single Family 35.1 4.3 152 54% Attached Single Family 9.0 14.6 132 460/0 . 44.1 284 100% *Net developable land equals total land minus RjW, 19.9 acres, South Twin Lake, 34.9 acres, wetlands, 22.5 acres, steep slope 8.8 acres, pond/infiltration, 8.4 acres, park 7.4 acres Revised Millbrook Small Lot Single Family Attached Single Family 173 96 64% 36% . . . . DAHLGREN SHARDLOW AND. UBAN INCORPORAiED CONSULTING PLANNERS LANDSCAPE ARCHITECTS 300 FIRST AVENUE NORTH SUITE 210 MINNEAPOLIS, MN 55401 612.339.3300 Stillwater Planning Commission Special Meeting May 31, 2005 MILLBROOK DEVELOPMENT CONCEPT PLAN Palmer Property, Stillwater, MN We have revised the Concept Plan for the Millbrook project proposed by Lundgren Brothers/Orrin Thompson, as illustrated on the attached materials, for the Planning Commission's consideration. The project has been discussed at great lengths by the Lundgren team and we believe we have addressed the most important issues previously discussed. The Concept includes 269 units total, down from 298 and 284 units previously, and down from 388 we believe is allowed under the City's Land Use Plan. We have achieved this by replacing the southerly row of townhouses with single family on the west end of the site. This will not only reduce the overall density but will create a better edge condition, the single family homes in this area being single level plus walkout, rather than the three-level townhomes proposed earlier. We have modified the trail plan to suggest crossing Browns Creek and back, to provide a more interesting recreational experience. We have not shown a trail all the way around South Twin Lake, but believe the overall park and trail plan will provide more than enough options for walkers and bicyclists to get to the various recreational features in the area. If the city insists on a trail on the south side of South Twin Lake, we would allow it to happen, but would request that it be placed at the toe of the slope near the lake and not in the back yards of single family homes. We believe that this will be difficult or impossible to engineer without significant interference with the trees, wetlands, or the lake itself. The features that we had modified previously are still in the plan, meeting DNR's open space PUD calculations, providing buffering and screening at the edges, traffic calming along the main internal street, and others. The current plan now contains fewer units in a more sensitive arrangement than any the city has seen or suggested for the site and we look forward to discussing it with you. Philip Carlson, AICP, Senior Planner Dahlgren, Shardlow, and Uban, Inc. for Lundgren/Orrin Thompson Memo . To: From: Date: Subject: Planning Commission Steve Russell, Community Development Director April 15, 2005 Revised Plans for Millbrook Development (Palmer Property) Background. The Planning Commission held an initial public meeting on February 14, 2005 to review development plans for the Palmer Property. The initial development was called Homestead which has changed to Millbrook. Revised Plans. The developer has prepared the revised concept plans based on input from the first meeting. The points addressed in the revised plans are listed in the applicant's transmittal letter. Since the last Planning Commission meeting, according to the developer, MnDOT has approved the development access location off of TH96. . Changes proposed that respond to the Commission comments include attempts to breakup the roadway with traffic circles and medians. An additional trail access to the lakeshore trail(south side) reducing some of the condo building sizes (from 6 units to 4 units per structure along Brown's Creek). Not shown on the revised concept plan is lowering the elevation of the Heritage development area by 6 feet and tiering development of the attached housing from the park to Brown's Creek (north to south). Things not in revised concept plan: 1. Trail along north side of South Twin Lake (called for in revised trail plan) 2. Summit townhouses along southern portion of Brown's Creek (recommended considering single family Glendalough along Brown's Creek Corridor) 3. Park dedication requirement (7.4 acres rather than 10 acres) 4. No public access to pond (recommended access at east and west ends) 5. Need for additional building setbacks at key corners to provide attractive landscaped entries (Neal, Glendalough Circle and Heritage Corner) 6. Need for parking for TH 96 park 7. Better access for attached housing area to guest parking and open space . recreation areas . . . 8. Open view for greenway corridor through site (remove one attached building) 9. Enhanced landscaping between backs fo houses and Brown's Creek, South Twin Lake and along parkjTH 96 10. Guest parking for townhouse area 11. Meet City public street standards for all streets Some of these items may be addressed in the current plans but because of the conceptual nature of the plan, it is difficult to determine. Planning Commission Meeting As with the February meeting, this is a public meeting. A notice has been sent out for public notice. The applicant will present plans for Commission discussion. The comments from the Commission can be incorporated into a follow up final meeting and recommendation to the City Council. City of Stillwater Planning Commission Special Meeting on Palmer Property (Millbrook) April 18, 2005 . Present: Robert Gag, chair Gregg Carlsen, Mike Dahlquist, David Junker, Dave Middleton, David Peroceschi, Paul Teske, Jerry Turnquist and Darwin Wald Others: Community Development Director Steve Russell Mr. Gag called the meeting to order at 6:30 p.m. and briefly outlined the meeting format: introduction by Mr. Russell; presentation by the developer; questions/comments from the audience; response by the developer; and questions/comments by the Commission. Mr. Russell briefly reviewed the City's Orderly Annexation Agreement and Comprehensive Plan. The area in question, which includes two natural resources of state significance, Brown's Creek and South Twin Lake, could have been developed any time after 2002. The Comprehensive plan provides for three land uses - 11 percent large lot single-family, 69 percent small lot single-family, and 20 percent attached housing. The current development proposal includes 284 units, 132 units of attached housing and 152 small-lot, single-family housing units. Mr. Russell suggested an issue for the Commission's consideration is the distribution of single . family versus attached housing. He also briefly reviewed items of concerns from the previous meeting with the developer's representatives. Some issues included the size of the proposed park and required park dedication; design of some of the attached housing units; use of South Twin Lake, motorized vs. non-motorized craft; view from current residences on Neal Avenue; building setbacks at certain key comers; a public trail along South Twin Lake; parking for the large park use; attached housing access to amenities. Representing the developers were Jay Liberacki, US Home/Lundgren/Orrin Thompson; Phil Carlson, Dahlgren, Shardlow and Uban; and Bob Payette, engineering, Sathre-Bergquist. Phil Carlson briefly reviewed the concept plan and land use plan. He noted that the Comprehensive Plan allows for 388 units. They are proposing 284 units. He reviewed ways of calculating developable land. He stated some grading will be done to accommodate the height of the townhomes. And, he noted that with a PUD, such as this, flexibility is understood. Mr. Carlson reviewed the developer's response to 11 previously raised issues/concerns. 1. Regarding the trail along the south side of South Twin Lake, he said that the developer is requesting a public trail not be required, noting that sidewalks, which will be on both sides of the streets throughout the development, could serve as an alternative to a public trail. 2. Regarding single-family versus Summit townhomes along Brown's Creek, the proposed townhomes are now all four-unit buildings, rather than six-unit buildings as previously proposed. The buildings will be 112' wide, with 25' spacing in between. The number of . proposed units has been reduced from 35 to 28. . City of Stillwater Planning Commission Special Meeting on Palmer Property (Millbrook) April 18, 2005 . 3. The issue of park dedication - 7.4 acres vs. 10 acres, Mr. Carlson suggested that green spaces, common areas, trail connections and other open space should be considered in the amount of park dedication. 4. The developer has agreed to provide public access to the pond. 5. The developer has agreed to accommodate additional setbacks at key comers. 6. Regarding parking for the 7.4 acre public park that will be provided along Highway 96, Mr. Carlson noted there are 67 on-street parking spaces adjacent to the park, and he suggested the City could construct a parking lot within the park ifit so desired. 7. Access to guest parking and open space for attached housing - Mr. Carlson referred to the 67 on-street parking spaces and highlighted access to the park. 8. Mr. Carlson stated there are large open areas that provide an open view of the greenway corridor on the west side. 9. The developer will work with the City to provide enhanced landscaping for Brown's Creek, South Twin Lake and the public park. 10. Guest parking for the townhomes totals 154 spaces, he said, 104 specifically for the townhomes and 50 shared park/guest parking. That guest parking amounts to .078 per unit; the city required only 0.25 per unit. 11. The development meets city public street standards. Streets are 60' with right-of-way; alleys are 20-24' paving, with 21-23' driveways and 66' between buildings. Mr. Carlson presented front and rear design elevations of the revised plan for the Summit attached housing product. Mr. Gag opened the meeting for public comment. Ed Otis, 12070 87th St. Circle N., an adjacent property owner, noted that he had been actively involved in the City/Township Orderly Annexation Agreement process. He noted that according to the Annexation Agreement, the townhomes were supposed to be at the interior of the site with large-lot, single-family around the perimeter in order to provide a transition from township to city. He pointed out the percentage of attached housing proposed is much more than originally planned. He also asked why the public park is at the far end of the development. He stated he agreed with the proposal for a public trail along South Twin Lake. He asked about road access for emergency services, and he asked about the height of the townhomes. Ruth Bruns, 8790 Neal Ave. N., expressed a concern about the possibility of motorized craft and fishing docks on South Twin Lake. She stated her opinion that the proposal was too much housing that will destroy the wildlife. She provided photos of existing views from her home and asked about the height of the houses looking across South Twin Lake. . Molly Shodeen of the Department of Natural Resources stated she had met with developers and still had some concerns, as the site is a ground recharge area for Brown's Creek. She said she 2 City of Stillwater Planning Commission Special Meeting on Palmer Property (Millbrook) April 18, 2005 . would like to see the development require individual landowners to incorporate infiltration features in landscaping. She also suggested that there be covenants for property owners adjacent to South Twin Lake that would prohibit encroachment of the natural vegetation. Mr. Turnquist asked Ms. Shodeen about the DNR's position on allowing motorized craft. Ms. Shodeen said there is a public hearing process for establishing water surface use. However, she noted there are no restrictions on docks - that is the right of the riparian owners. Suzanne Block, 1800 Heifort Court, had submitted a letter, which was included in the meeting packet. She inquired about access to the. development and also asked about the future of Neal Avenue. Jay Liberacki responded to comments. Regarding Mr. Otis's comments about the location of the townhomes, he stated there is a natural buffer of trees that will protect Mr. Otis's view, and he suggested that if the townhomes were moved closer to Highway 96, they would be even more visible than as proposed. Regarding Ms. Bruns's concern about the view from her property, Mr. Liberacki stated the homes across the lake are the lowest profile homes - two-story walkouts; also there will be some grading which will lower the elevation some. Mr. Liberacki stated that their proposal does call for two docks, homeowner association maintained, on South Twin Lake. . Mr. Liberacki also stated there would be covenants imposed on properties that abut both the lake and Brown's Creek. Mr. Carlson noted that the developers have been working with the Brown's Creek Watershed District and will comply with the City's AUAR. Mr. Carlson also noted that while docks are proposed, they are not proposing motorized use of the lake. Regarding access points to the development, Mr. Russell noted that the State controls access to Highway 96 and County Road 15. Mr. Carlson provided information about ADTs (average daily trips) from a recent traffic study. Mr. Gag closed the public comment portion of the meeting and opened the meeting up to Commission comments. Much of the discussion centered on providing a public trail at South Twin Lake, the density and percentage of townhomes proposed, the amount of park dedication, and the availability of guest parking for townhomes. Members were in consensus that a public trail should be provided at South Twin Lake. Mr. Junker also suggested there is a need for more park dedication, noting that much of the open space is for infiltration/drainage and is not usable open space. During the discussion of the percentage of attached housing as proposed, Mr. Gag said he would like to see a plan utilizing all single-family units. Mr. Carlson pointed out that according to the City's Comprehensive Plan, 380 units would be allowed on the site, while they are proposing . just 284. Mr. Liberacki said their proposal is a trade-off utilizing clustering to obtain more open 3 . . . City of Stillwater Planning Commission Special Meeting on Palmer Property (Millbrook) April 18, 2005 space and he suggested that this development provides "more community assets than any other 170 acres in the City." Mr. Dahlquist stated that a lot of the Commission's concerns stemmed from the proposed percentage of attached housing and noted the developer is "moving a lot of dirt" to accommodate the attached housing product. Gregg Carlsen suggested that three rows of high density housing doesn't provide any "breathing room." Several members expressed concern about parking for the attached housing. Mr. Liberacki noted that units have two-car garages, as well as 20' driveway aprons. Mr. Middleton suggested that during the winter when the City's odd-even parking rules are in effect, parking could be a real problem. Mr. Liberacki said they would look at the issue. There was a concern about the view of the townhomes from Brown's Creek. Mr. Teske said he would like to see the rear elevations of all the housing products. Mr. Junker and Mr. Teske suggested single-family housing in the area south of the pond. Mr. Teske summed up the concerns by stating the Commission is looking for a lot more compromise than the developer had provided in this most recent plan. Mr. Russell summarized issues of concern: density of attached housing; the trail at South Twin Lake; information on lot sizes and heights; rear elevations; and the perspective from Brown's Creek. Another special meeting will take place at an as yet undetermined date. Mr. Turnquist, seconded by Mr. Teske, moved to adjourn at 8:50 p.m. Motion passed unanimously. Respectfully submitted, Sharon Baker Recording Secretary 4 Memo . To: From: Date: Subject: Planning Commission Steve Russell, Community Development Director February 11, 2005 Consideration of Development Concept for Phase III Annexation Area Palmer Property Background. At your January 10, 2005 Planning Commission meeting, Comprehensive Plan Policy for the Phase III City expansion area was presented along with a power point presentation showing general site conditions. Review Process. At this time, the developer of the Palmer Property would like to annex and develop the Phase III area. The Orderly Annexation Agreement allows for the annexation of this area after January 1, 2002 (see sections 4.07 and 4.08 of the Orderly Annexation Agreement attached). The task for the Planning Commission tonight is to review the proposed plans for consistency with City Comprehensive Plan Policy and zoning requirements. Staff comments are provided to assist with proposal review. The developer can then work with the Commission and make project changes or refinements to obtain Planning Commission approval. The recommended plans will then be reviewed by the Joint Board and City Council. . When it is determined that the proposed development is consistent with City planning, zoning and environmental requirements, planning permits (Comp Plan, zoning, subdivision! PUD) will be heard by the Joint Township/City Planning Board and City Council. This process is different then other areas of the City because of the Orderly Annexation Agreement with the Township. Tonight's meeting is a public meeting but not a public hearing. Comments from the audience can be considered by the Commission as a part of their review so that public concerns can be addressed at this early date in the development review process. Comprehensive Plan Review. The City's Comprehensive Plan was adopted in 1996. Since that time, two major growth areas have been annexed. So far, development approval has been given to five developments totaling 1!085 housing units. Of that number, 429 are small lot single family! 198 large lot single family and 398 attached single family. The attached single family is higher then originally planned due to the Crossings Development (142 HU's) and Settlers Glen (160 HU's) condominium developments. In addition, 350 multifamily condominiums have been recently approved in the Downtown. . The orderly annexation agreement calls for a maximum of 120 building permits issued per year. As of January 2005, 967 permits have been issued (see attached report). . . . Environmental Review. An Alternative Urban Areawide Review (AUAR) that was prepared for the Comprehensive Plan used a total of 1,270 housing units in the City's annexation area (see attached table). The AUAR assumptions for the Phase III development area will have to be reviewed to see if it the report adequately considers the impacts of this development. Land Use Map. The Comprehensive Plan land use map for the development area is attached. The map shows three land use designations for the area: Large lot single family; small lot single family and attached. Land use acreage for existing land use and proposed development are listed below. Land Use Comparison Comorehensive Plan Attached Single Family Single Family, large lot Single Family, small lot Land Use Desianations 15 acres (1) 25 acres 77 acres Prooosal Plan Attached Single Family Single Family, large lot Single Family, small lot (1) Gross land area (2) Net developable land area (does not include private open space) 17.2 acres 51.3 o The land use figures can not be directly compared because the Comprehensive Plan land use acreage are gross acres and the developers acreage are net developable acreage. However, the proposed acreage can be compared at a general level. The developer's proposal has no single family, large lot areas and the attached single family area is larger and the development density higher than the 6 dujacre attached housing of the land use plan. South Twin Lake South Twin Lake is classified by the DNR as a natural environmental lake (highest quality lake) requiring large lot standards (1 acre) and 150 foot setbacks around the . lake (see attached regulations). The proposed development does not reflect those standards. One reason for moving the attached housing away from the lake is to reduce the impacts on the lake and address the large lot shoreland requirements. The development plan was preliminarily reviewed by the Fire Department, City Engineer and Transportation Planner. The plans were sent to Washington County Public Works, MnDOT and DNR for comment. No comment has been received as of this meeting. The comments are listed below. Fire Department · Concerned about road width · No private streets · Concern for guest parking for attached housing · All roads minimum of 28 feet · All attached housing sprinkled City Engineer - see attached memo Transportation Planner - see attached Expansion Area Traffic Study recommendations. Comments from the Transportation Planner will be presented at meeting time. . Project Design Comments. · The long line of building should be broken up by landscaping · Change building orientations or arrangements · Thirty foot building setbacks for all pedestrian trails · Pedestrian trail extended around the lake · The attached housing be rearranged to create a more interesting design · Attached housing focusing Brown's Creek be redesigned to show more interest as viewed from Brown's Creek · Sidewalks on all streets · Use retention areas as usable private or public open space · Integrate more open space into developed area · Provide interpretative trail along Brown's Creek · See attached design suggestions for consideration · See comments from Development Design Meeting January 27, 2005. · See comments from Sue Fitzgerald on landscape design Further Review. Based on this initial Planning Commission review, the developer can prepare a response and plan changes to Commission and staff comments. City community development and other department staff are available to meet with the . developers to clarify comments or consider changes in the plan. Attachments: Project plans (distributed by developer). . . . CITY OF STILL WATER PLANNING COMMISSION February 14,2005 Mr. Carlsen asked what was going on around the building, suggesting it seemed isolated. Mr. Bremer said the building ties into the condos and the main building structure on Main Street. There also will be a city park nearby. Mr. Junker asked about the height of the building. Mr. Bremer stated the building will be 34' at its highest point. Due to the slope of the land, the building will be about 20' high on the west and south elevations, he said. Mr. Turnquist moved approval as conditioned. Mr. Carlsen seconded the motion; motion passed unanimously. Review of nlans for Phase III Annexation Mr. Russell introduced the discussion. He noted that the City's Comprehensive Plan Amendment provided for phased growth through 2015. Phase I was the Liberty/Legends developments, which are nearing completion. Phase 2 was the Settlers Glen development, which was annexed to the City in 2000. Phase 3 is the Palmer property, which abuts Highways 15 and 96, west of Neal. He noted the Phase 3 site includes two special environmental resources - South Twin Lake and Brown's Creek. The land use plan in the Comprehensive Plan provides for attached single-family units, large lot single-family and small lot single-family dwellings. Mr. Russell noted the Phase III property is not in the City at this time. Representing developers US Homes/Orrin Thompson were Jay Liberacki, vice president of both divisions; architect Teresa St. Amant; and Bob Swanick, senior vice president of sales. Mr. Liberacki reviewed a development booklet; several copies of the booklet were made available to members of the audience. The development will be a Traditional Neighborhood Design development. Mr. Liberacki touched on the topography of the site. He noted developers are working with the two watersheds, Carnelian Marine and Brown's Creek, both of which have issues with the site. He reviewed the evolvement of the site which has seen the park and other amenities migrate from the interior of the site as first proposed to the perimeter of the site, thus preserving the natural environment of the lakeshore and Brown's Creek. He noted that, with very few exceptions, the new homes will be more than 500' from existing homes. He stated City concerns regarding traffic on Neal Avenue helped orient the site to Highway 96/Dellwood Road. He also touched on the phasing plan, the first phase of which will be townhomes. Ms. St. Amant reviewed the proposed housing products. Mr. Gag opened the meeting to public comment. After all comments were received, Mr. Liberacki was allowed to respond. 5 CITY OF STILLWATER PLANNING COMMISSION February 14,2005 . The resident of 8790 Neal Avenue expressed a concern about the view from across South Twin Lake. She asked if there would be some kind of buffer to protect their view. Mr. Liberacki said there would be plantings, but acknowledged that these would be new plantings, not 50-year-old trees. Wallace Raleigh, 12480 McKusick Road, asked whether the City planned to take over Neal Avenue to Highway 96 and about County plans for improvements for Manning Avenue, speaking of the difficult of current access to Manning. He also asked about plans to protect the Brown's Creek environment given a walking trail along the Creek. Carolyn Phelps, 12670 McKusick Road, expressed a concern about impacts on local schools; traffic; and the proximity of the Creek to the walking trail, which might lead to damage to the Creek. She also expressed a concern about the number of housing units and the construction noise and dust neighboring residents have had to put up with during Settlers Glen construction and now this development. Regarding the trail and Brown's Creek, Mr. Liberacki noted the trail would be a low-impact trail, such as mowed grass, rather than in improved asphalt trail. He reiterated they are working with the two watershed districts to protect the resources. He also stated they have been in contact with . the school district regarding development plans. Suzanne Block, 1800 Heifort Avenue, expressed a concern about the possible early annexation of Phase 4 properties resulting in increased traffic on Neal Avenue. She also spoke of a concern regarding the width of streets and closeness of homes in the Legends development and the design of the townhomes at Settlers Glen. Mr. Russell responded that Phase 4 properties can be annexed early only if the property owner petitions and the City approves the petition; no decision on any early annexation request has been made at this time. Regarding street width, he said streets will be 28' wide. David Stone, 12850 McKusick Road, spoke of the uniqueness of the site and the potential impact of disruptions to the site. Ken Heifort, 8911 Neal Ave. N., noted the developers have an easement to the Palmer property off Neal and asked whether an entrance or exit is planned for that easement. Mr. Liberacki said that is an issue that is still being worked on. Mr. Heifort also questioned the advisability of taking sewer lines past a federally-designated creek. There also was a question about the purchase of an existing home at the comer of the Phase 3 property and possible development plans. Mr. Liberacki stated that home has been purchased, but by another developer. . 6 . . . CITY OF STILLWATER PLANNING COMMISSION February 14,2005 Mr. Russell raised the issue of use of South Twin Lake. Orville Johnson, 8820 Neal Avenue, said he would be in favor of restricting use to non-motorized craft. Other members of the audience expressed agreement with that idea. There was a question about public access. Mr. Liberacki said the entire west side of the lake would be designated public access. Discussion was brought back to the Commission. Mr. Gag expressed a concern about the preponderance of attached housing, nearly 50 percent of the development. Mr. Liberacki stated 294 units are proposed, well within the maximum density allowed. Mr. Liberacki also referred to the amount of open space that is provided. Mr. Teske expressed a concern that the attached housing is clustered in one space, with no connection to the rest of the development and without the same amenities. Mr. Liberacki noted that of the 294 lots, only 15 units do not have direct access to an amenity. Mr. Junker also expressed a concern that attached housing is clustered on the highest part of the parcel and will be the first thing one sees driving down Highway 96. Mr. Teske also expressed a concern about the compatibility of the contrasting styles of the two attached home products; he stated he also would like to see the rear elevations of those products. Mr. Swanick said those answers could best be addressed by providing building elevations at a future meeting. Mr. Gag also asked that information regarding how the proposal matches up with the Comprehensive Plan and how forced setbacks impact plans be made available for the next meeting. Mr. Junker, seconded by Mr. Peroceschi, moved to adjourn at 10:10 p.m. Respectfully submitted, Sharon Baker Recording Secretary 7 o cf) r r7i!l z 0 • 0 �' ~ O r--F U) Ty CV CD 3 C CD O ♦W CD V♦ CD X /D 0 O 3 CD 0 � O 0 cn TX CD V♦ rF CD `V Fn' 0 0 i 2 O CD 0. 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CL CD CL c' v x ;MWOf li L*- rz CD (A O y 'V 'V 'V . . . ORDINANCE NO.: AN ORDINANCE AMENDING CHAPTER 31 OF THE STILL\VATER CITY CODE, ZONING, ~31-1, SUBD. 26; SIGN REGULATIONS The City Council of the City of Stillwater does ordain: 1. AMENDING. The Stillwater City Code, Section 31-1, subd. 26(2), "Permits required" is hereby modified to delete the first sentence thereof and add in its place the following: "(2) Permits required. All signs require a design review permit." 2. SA VING. In all other ways, the City Code will remain in full force and effect. 3. EFFECTIVE DATE. This ordinance will be in effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 6th day of December, 2005. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . Y1emo DATE: December 6, 2005 TO: Mayor and City Council FROM: Sharon HarriSO\~"~<\ \ Finance Di rector'---'.LG"') Bond Call RE: Included in your packet is a resolution calling for the redemption and prepayment of General Obligation Improvement Bonds, Series 1998C on February 1, 2006. These bonds were issued to finance various public improvements. . RECOMMEDATION . There are sufficient funds are available to call these bonds, therefore staff recommends calling the outstanding General Obligation Improvement Bonds, Series 1998C on February 1, 2006 ACTION REQUIRED If Council agrees with staff s recommendation, Council needs to adopt the enclosed resolution. ~ " ~ . EXTRACT OF MINUTES OF A 1vfEETING OF THE CITY COUNCIL OF THE CITY OF STILL WATER, MINNESOTA HELD: December 6,2005 Pursuant to due call and notice thereof, a regular or special meeting of the City Counci 1 of the City of Stillwater, Washington County, Minnesota, was held at the City Hall in said City on Tuesday, the 6th day of December, 2005, at 7 o'clock P.M. The following members were present: and the following were absent: Member moved its adoption: introduced the following resolution and RESOLUTION CALLING FOR REDEMPTION OF CERTAIN OUTSTANDING BONDS . A. WHEREAS, the City Council of the City of Stillwater, Minnesota (the "City") issued on behalf of the City $665,000 General Obligation Improvement Bond, Series 1998C, dated December l, 1998 (the "Bonds"), of which $260,000 remain outstanding; and B. WHEREAS, all of the said Bonds maturing in the years 2007 and thereafter, are subject to redemption and prepayment at the option of the City, on Febmary 1, 2006, and on any date thereafter, at par and accmed interest, all as provided in the resolution of the City Council authorizing the issuance of said Bonds (the "Prior Resolution"); and C. WHEREAS, the City Council deems it desirable and in the best interests of the City to call the 2007 through 2009 maturities of the Bond, inclusive, totaling $195,000 in principal amount, on February l, 2006, in accordance with the Prior Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Stillwater, Minnesota, as follows: 1. Bonds to be Redeemed. All of the Bonds maturing in the years 2007 through 2009, inclusive, shall be redeemed and prepaid on Febmary 1,2006 at par and accrued interest for each such Bond called. . 2. Mailing of Notice of Call. The City Clerk shall cause the Notice of Call for Redemption attached hereto as Exhibit A to be mailed prior to February I, 2006, the date for call, to the paying agent where said Bonds are payable and to all registered holders of the Bonds. 3. DeDosit of Sufficient Funds. The City Finance Director is hereby authorized and directed to deposit with the bank where said Bonds are payable prior to said call -! :-;In(,.::;(}\ I , '\ ~ date sufficient funds to pay the principal and interest due on the Bonds called for redemption as . of the call date. member favor thereof: The motion for the adoption of the foregoing resolution was duly seconded by and upon a vote being taken thereon, the following voted in and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. Jay L. Kimble, Mayor Diane F. Ward, City Clerk . . 2 ] \~, ." . . . STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF STILLWATER I, the undersigned, being the duly qualified and acting City Clerk of the City of Stillwater, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes of the City Council of the City of Stillwater held on the date therein indicated, with the original thereof on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to preparation and mailing of notice of call and calling for the redemption of Bonds. WITNESS my hand as such City Clerk this 6th day of December, 2005. Diane F. Ward, City Clerk 3 Exhibit A NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 1998C CITY OF STILL WATER WASHINGTON COUNTY MINNESOT A NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Stillwater, Washington County, Minnesota, there have been called for redemption and prepayment on February I, 2006 those outstanding bonds of the City designated as General Obligation Improvement Bond, Series 1998C, dated December 1, 1998, having stated maturity dates in the years 2007 through 2009, inclusive, and totaling $195,000 in principal amount. The bonds are being called at a price of par plus accrued interest to February 1,2006, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment, at U.S. Bank National Association, as successor to Firstar Bank of Minnesota, N.A., St. Paul, Minnesota, on or before February 1,2006. Dated: December 6, 2005 BY ORDER OF THE CITY COUNCIL /s/ Diane Ward Clerk Important Notice: Under the Interest and Dividend Compliance Act of 1983, 31 % will be withheld if tax identification is not properly certified. A-I i "~I ~ . . . , / . MEMORANDUM To: Mayor and City Council From: Sue Fitzgerald, City Planner .p~ Date: December 6, 2005 Re: Preserve America Award and Governor's Fit City Award On November 29,2005, the city received a letter from Preserve America in Washington, DC congratulating Stillwater on becoming a designated 'Preserve America Community'. A news . release was distributed December 6,2005 (attached). On November 30, 2005, the Governor of Minnesota designated Stillwater a 'fit city'. This means the city has made a commitment to support and encourage its residents to be more physically active and to improve the overall health of the community. Stillwater joins Wabasha and Lanestoro in receiving the designation. A news release is attached. . ~ \ For Immediate Release Contact: Sue Fitzgerald Tuesday, December 6, 2005 Mrs. Laura Bush Designates the City of Stillwater a Preserve America Community . WASHINGTON, DC- today was honored when Mrs. Laura Bush designated it among the Nation's newest PresenJe America communities. "Preserve America communities demonstrate that they are committed to preserving America's heritage while ensuring a future filled with opportunities for learning and enjoyment," Mrs. Bush said. "This community designation program, combined with the Preserve America Presidential Awards and Federal support, provides strong incentives for continued preservation of our cultural and natural heritage resources. I commend Stillwater and its leaders for their commitment to preserving an important part of our Nation's historic past for visitors, neighbors, and, most importantly, for children." Mayor Jay Kimble received a letter of designation signed by Mrs. Bush, First Lady of the United States and Honorary Chair of PresenJe America, which Stillwater is now a Preserve America Community. The Preserve America initiative is a new White House effort to encourage and support community efforts for the preservation and enjoyment of America's priceless cultural and natural heritage. The goals of the initiative include: a greater shared knowledge about the Nation's past; strengthened regional identities and local pride; increased local participation in preserving the country's cultural and natural heritage assets; and, support for the economic vitality of our communities. Communities designated through the program receive national recognition for their efforts. Other benefits include appropriate use of the Preserve America logo on signs and promotional materials; notification to media, State tourism offices, and visitor bureaus; and listing in a Web-based directory to showcase . preservation efforts and highlight heritage tourism destinations. Stillwater is now also eligible to apply for grants under the Preserve America Grants Program administered by the Department of the Interior. These matching fund grants of $20,000 to $150,000 go on a competitive basis to heritage tourism initiatives, promotion and marketing programs, and interpretive/educational initiatives involving historic resources. "Y ou are pioneers in this initiative, which shows just how proud the people of Stillwater are of their city, State and their place in our Nation's history," Secretary of the Interior Gale Norton said. "Each community's unique and diverse stories are part of the larger chapter of American heritage, culture and values. It is by visiting and experiencing these special places that we have an opportunity to touch the past, and can best understand how the past touches us." The Department of the Interior partners with the Advisory Council on Historic Preservation to administer the Preserve America Community program on behalf of the Office of the First Lady. For more information and updates on the initiative, please visit www.PreserveAmerica.gov. -end- . .. t . . . ACCEPTING PRESERVE AMERICA DESIGNATION AND AUTHORIZING ADVISORY COUNCIL ON HISTORIC PRESERVATION (ACHP) TO USE SUBMITTAL DOCUMENTS WHEREAS, Mrs. Laura Bush designated Stillwater among the Nation's newest Preserve America communities; and WHEREAS, Mrs. Bush stated that Preserve America communities demonstrate that they are committed to preserving America's heritage while ensuring a future filled with opportunities for learning and enjoyment. This community designation program, combined with the Preserve America Presidential Awards and Federal support, provides strong incentives for continued preservation of our cultural and natural heritage resources. WHEREAS, Mrs. Bush commends Stillwater and its leaders for their commitment to preserving an important part of our Nation's historic past for visitors, neighbors, and, most importantly, for children; and WHEREAS, The Preserve America initiative is a new White House effort to encourage and support community efforts for the preservation and enjoyment of America's priceless cultural and natural heritage. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, MN hereby: 1. Accepts the designation of Stillwater as a Preserve America community. 2. That the Advisory Council on Historic Preservation (ACHP) has the absolute right to use, in whole and in part, all materials submitted in support of the Preserve America Community designation for Stillwater. 3. That all submitted materials become the property of the ACHP for use in program activities, including publications and Web sites and the ACHP is given permission to make any editorial changes and/or addition to the subject material. Adopted by the Stillwater City Council this 6th day of December, 2005. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk ... , , . THE BIRTHPLACE OF December 5, 2005 John M. Fowler Executive Director, Advisory Council on Historic Preservation 1100 Pennsylvania Ave. NW, Suite 809 Washington, DC 20004 Dear Mr. Fowler: On behalf of the City of Stillwater, I give the Advisory Council on Historic Preservation (ACHP) absolute right to use, in whole and in part, all material submitted in support of the Preserve America Community designation for this community. I acknowledge that all submitted materials become the property of the ACHP for use in program activities, including publications and Web sites, and will not be returned. The ACHP is given permission to make any editorial changes and/or additions to subject material. I guarantee that all necessary individual agreements and signatures to ensure the ACHP unencumbered use of all associated material are on file. . I further acknowledge that Stillwater is authorized to use the Preserve America logo, or to refer to Preserve America solely for non-commercial purposes related to the promotion and public understanding of the Preserve America Community designation and the Preserve America initiative. I agree that the logo, or any reference to Preserve America, will not be used in for- profit commercial ventures or applications and acknowledge that the Preserve America logo is a registered trademark entitled to the legal protections attendant to such status. I further agree that any use of the Preserve America logo, or any reference to Preserve America, will be consistent with the stated purposes of the Preserve America Community designation and the Preserve America initiative. I further acknowledge that the authorizations described in this paragraph can be revoked at any time and for any reason by the ACHP. Sincerely yours, Mayor . H,l\LL 216 !~ORTH FOURTH STILLW/lTER MINNESOTA 55082 PHONE: 651-430-8800 .- . . . .' News releasc: Lanesboro has been designated a 'Governor's Fit City' Page I of2 News and Announcements Home Current health alerts Events and training Featured sites and publications News Newsletters RFPs ijnd grants Minnesota Department of Health News Release November 30r 2005 Contact information Stillwater has been designated a 'Governor's Fit City' Stillwater earns recognition for promoting physical activity Governor Tim Pawlenty and Commissioner of Health Dianne Mandernach today announced that Stillwater has been designated a "Governor's Fit City." This means the city has made a commitment to support and encourage its residents to be more physically active and to improve the overall health of the community. A Minnesota city making this commitment is providing physical activity opportunities for people who liver work and play within the city. These opportunities allow people to make the choice to be more physically active. "The leaders of Stillwater deserve recognition for the commitment they've made to promote physical activity in their city/, Governor Pawlenty said. " Their successful accomplishments will help keep Stillwater citizens healthy for years to come ." Stillwater achieved its designation by completing an application with the Minnesota Department of Health. The application asks cities to indicate their commitment to promoting physical activitYr according to several criteria. Those criteria include whether a city has adopted a value statement affirming the importance of fitness; whether a city has created inviting places to walk; whether a city has sponsored at least one fitness activity; and whether a city has developed recreation areas that encourage fitness. Stillwater has implemented a number of strategies for promoting physical activity, including: . Providing the Wellness Centerr for students of Stillwater Area Schools (1.S.D. 834). The center is located at the Stillwater Area High School. . Maintaining numerous cityparks that provide opportunities for httD: \\'\\'\\.health.statc.mn.us ncws/nrcssrelfitcitvlI3005.html 12/')i)OO,) " News release: Lanesboro has been designated a 'Governor's Fit City' Page 2 of2 " physical activity, including Brown's Creek Nature Preserve, a . newly developed site that includes a "disc golf" course, and a new skate park. . Building community awareness about available locations, services, and organizations dedicated to physical activity. Further information can be found at www.lakeview.org. . Promoting the Thanksgiving Race Camp and Christmas Race Camp with the North Central Alpine Ski Association. More information is available at http://www.sportshutracing.org/calendar.html. "Physical activity improves nearly every aspect of a person's health," Mandernach said. "It also contributes to better overall health for the entire community-that's why we encourage all cities to become Governor's Fit Cities." Stillwater will receive a plaque from Governor Pawlenty and Commissioner Mandernach and may also choose to have "Governor's Fit City" signs placed on roadways entering the city. The "Governor's Fit City" initiative is part of an overall push by Governor Pawlenty to encourage fitness. Earlier, the governor declared 2005 "The Year of Fitness" in Minnesota and created the "Governor's Fitness Challenge," which allows citizens to track their fitness progress online at www.beactiveminnesota.org. More . information about the Governor's Fit City program can be found at www.health.state.mn.us/fitcity. -MDH- For more information, contact: John Stieger MDH Communications (651) 201-4998 I R~turn to top I MDH HQme I News Releases I MDH HOME I ABOUT US I LIBRARY I NORTH STAR MAIN CATEGORIES: Health Data & Statistics I Diseases & Conditions I Terrorism & Natural Disasters I Facilities & Professions I Health Care & Coverage I Minnesota's Public Health System I People & Environment I Policy, Economics & Legislation Comments and Questions I Phone Number, Address and Directions I Privacy Statement and Disclaimer . Updated Wednesday, 30-Nov-05 11 :29:40 !'ttn'/!"'",,,, h""lIh ,hie mn Il<..:inew<..:/nrp<..:<..:rp)/fiti'itv I ) inn.::; hhnl 1 };.::;nnn.::; . . . MEJ\10RANDUM TO: Mayor & Council FROM: City Administrator Hansen SUBJECT: Middle St. Croix River Watershed Management Organization Revised - Joint Powers Agreement DATE: November 17,2005 Gentlemen: Attached please find a revision of the above noted agreement. The revision was necessary to incorporate State of Minnesota requirements. This document has been reviewed by City Attomey Magnuson and his requested changes have been added. RECOMMENDATION Approval of the revised Joint Powers Agreement to Protect and Manage the Middle St. Croix Watershed. ~ ('-(/I.!f}.'?!!}}!"';".' " ;'::,-,'1' ',1"(/', (-'\l(fhfi-shefJ ifJil(fCI ,)'l(itf'- .\r,.,.1,'i/(' /'i}!? .fr,' !1(,i.'j"I'l,< '. ~IIDDLE ST. CROIX RIVER \XlA TERSHED ~lANAGEl\;IENT ORGANIZATION 1380 W'esl Frontage Road, I-lwv 36 Coo' -.i Stillwater, .\IN 55082 Phone 651-275-1136, ex1. 22 Fax; 651-1254 \ ,/1>;;1.'( /"-,1-, ,J'\ ll"(il;"r\hcd {},/.,'t,'j f,,:'i,.,}! {-'Nn!""\'f'.! ,f('n .\l. (;-:1;', ,\;,,'/,_". r<:',\:'Ui",'." ;> i.t/UL' t/i,<' ll';;dif.\hf'f1. 0;nvcmbc! 16. 200'; RF: \lSC\l\\O Revised Joinl POWCf\ Ab'reeml'llt [krr )\'1S('\\\10 \krnber ('(;!mmmilies, Enclo:'>l'dis the revised J{IIn! Pmv;:rs Agreement tt) Protect and i\lanagc the i\liddle SL Croix \\:atershed. Revision to this agreclllcnt \vere necessary to inccrponne State of J\11nncsuw requirements for approval or the ,\lSC\Vl\lO Second Generation \Vatcrshcd '\lallagemenl Plan. . Lega! counst' for the MSCWMO ! Kennedy and Graven): a representative or Eckberg. Lammar". Briggs. \VuIIL and Vierling. P.l LY.: and 1.1 n:presentalivc fronl .\'hignusol1 1,;)\\ Firm me! to the Join! Power, AgrcemenL These two law finns represent elgh! of the (en memlx~r cOllHnunilics within (he \VrvH) and the allomeys l'iUl '\'t'urnmend Ihis document fur your appnivaL We ask that tbe member communities supponlhe revised JPA. A representative from \1SC\\'\H) wdl arrange a lime for the rncrnher COllHl1UnitJ(.s to si~n flal C\lpics oC the ,IPi\. Adkr al! sif!nattln~" arc recel each com/nunily w.ill he provided w'Ilh an orig!1ldJ ~sig.ll\:d ,,;oPy'-of the JPA. Du\ id Bcaudd Chair. ,\lSC\V\lO ! i 1! h'! \: \ I! _\Iiddll' SL ('mh "a1L'rsIH'd \lana~l'Ji1l'nt Or~ani.wtjon . i, j "' . . . .JOINT POWERS AGREEMENT TO PROTECT AND MANAGE THE MIDDLE ST CROIX WATERSHED THIS AGREEMENT, made and entered into as of the date of execution, by and between the local go\'emmental units within the Middle St. Croix Watershed Management Organization each party realizes that the success or failure of the Middle St. Croix Water Management Organization created by this agreement is dependent upon the desire of' each member community to cooperate in the exercise of Joint Power to solve a common problem. Each party to this agreement pledges its cooperation to meet the requirements of the Metropolitan Surface Water Management Act (Minn. Stat. 103B.201 to 103B.255). WITNESSTH: WHEREAS, the cities and townships located within the Middle St. Croix Watershed have authority pursuant to Minn. Stat. 471.59 to jointly and/or cooperatively by agreement, exercise any powers common to the contracting parties; and, WHEREAS, the parties are desirous of jointly and cooperatively developing a Watershed Management Plan for the Watershed and instituting programs to conserve soil and water resources through implementation of practices that preserve and use natural storage areas, control excessive volumes and rates of TIm-off, effectively reduce or prevent erosion and sedimentation, promote groundwater recharge, improve water quality and prevent flooding in order to protect and manage the natural and artificial water conveying systems of the Middle St. Croix Watershed. NOW, THEREFORE, the parties to this agreement do mutually agree as follows: ARTJCLE I General Purpose 1.1 It is the general purpose of the parties to this Agrcement to establish an organization to jointly and cooperativcly develop a Watershed Management Plan and program to preserve and use natural or created water storage and retention systems in order to: a. Protect, preserve and use natural scrvice and groundwater storage and retention systcms; b. Minimize public capital cxpenditures to corrcct flooding and water quality problems; c. Idcntify and plan for means to effectively protect and improve surfacc and groundwater qual ity: d. Establish more uniform local policies and official controls for surface and I of 15 groundwater management; e. Prevent erosion of soil into surface water systems; f Promote groundwater recharge; g. Protect and enhance fish and wildlife habitat arid water recreational facilities; and, h. Secure the other benefits associated with the proper management of surface and groundwater. 1.2 The boundaries of the Middle St. Croix Water Management Organization (hereinafter referred to as MSCWMO) are set forth in Exhibit I attached hereto and incorporated by reference herein and shall be hereinafter referred to as the "Watershed". In general, the plan may include projects that accomplish the following: a. Preserve and use natural or created water storage and retention systems in order to reduce to the greatest practical extent the public capital expenditures necessary to control excessive volumes and rates of fim-off; b. Protect and improve existing water quality in lakes and streams through proper land use and appropriate conservation practices; c. Prevent flooding and erosion by implementing flood plain management and erosion control systems; d. Protect and enhance fish and wildlife habitat and water recreational facilities by reducing pollutant loads to lakes, streams, and wetlands; e. Undertake needed programs to promote groundwater recharge and protection; f Provide a mechanism for the review of local land and water management plans; g. Provide a forum for resolution of future intergovernmental disputes relating to the management and protection of the Watershed; h. Provide cooperation on a united basis on behalf of all units of government within the Watershed and with all other levels of government to facilitate natural resource protection and water management in the Watershed. I. Provide means for review of development projects to ensure compliance with MSCWMO Watershed Management Plan requirements. ARTICLE II Definitions . . 2.1 For the purposes of this agreement, the terms shall have the meanings as defined in this Article. a. "MSCWMO" The organization created by this agreement, the full name of which is the Middle St. Croix Water Management Organization (MSCWMO). It shall be a public agency of its members. b. "Board" The Joint Powers Board consisting of one Manager from each of the local governmental units that is a party to this agreement, which shall be the governing body of the MSCWMO. . 2 of 15 . . . c. "Council" Means the governmental body of a local governmental unit that is a member of this MSCWMO. d. "Local Governmental Unit" Means that City, Township, or other political subdivision cited in Minn. Stat. 473.852. Subd. 7. e. "Manager" Is the person appointed to the Joint Powers Board by each Councilor in the Manager's absence, the Alternate Manager. f. "Middle St. Croix Watershed" or "Watershed" Unless otherwise stated, means that area described and set forth within the map depicted in Exhibit I attached hereto and incorporated by reference herein. g. "Groundwater" Is the water found in the interconnected pores found beneath the water table. ARTICLE HI Board of Manal?ers 3.1 The governing body of the Joint Powers Board shall be its board. Each council shall be entitled to appoint one Manager on the Board and one Alternate who may sit when the Manager is not in attendance and said Manager or Alternate shall be called a Manager. 3.2 Each Manager and Alternate shall be appointed for a three (3) year term and shall serve at the pleasure of the Council appointing such Manager, and such Manager or Alternate may be removed by the Council at any time for just cause in accordance with Minnesota Statutes I 03B.227. Subd. 3: and Minnesota Rules Chapter 8410.0040. 3.3 Vacancies. A vacancy on the Joint Powers Board shall be filled by the Council whose membership position on the Joint Powers Board is vacant. The vacant position shall be filled in accordance with the requirements as set forth within Minn. Stat. S I 03B.227 (l 995). 3.4 Compensation and Expenses. The Joint Powers Board Manager shall not be entitled to compensation or reimbursement for expenses incurred in attending meetings except to the extent the Council might determine to compensate or reimburse the expenses of the member it appoints in which case the obligation to make such payment shall be that of the individual Council and not of the MSCWMO. 3.5 Officers. The Joint Powers Board shall elect from its membership a Chairperson, Vice Chairperson, Secretary, and Treasurer and further officers as may be necessary to reasonably carry out the purposes of this agreement. All such officers shall hold office for a term of 2 years or until their successors have been duly elected by the members of the Joint Powers Board. Any such officer may only serve while a Manager of the Joint Powers Board. Vacancies in office shall be filled by the membership of the Joint Powers Board by election for the remainder of the unexpired term of such office. Duties orOmcers 1. Chair - Presides over meetings, assists with preparation of agenda, maintains and presents annual calendar o/specific responsibilities. 3 of 1) . 2. Vice Chair - In the absence o(the ChairJulfills all duties o.lthe Chair. 3. Secretary - Meeting minutes. prepare agendas, maintain membership list. 4. Treasurer - Maintains checkbook, pnancial reports at meetings, prepares budgets and billing statements, assists with yearlyfinancial audit. 3.6 Ouorum. One halfofthe members of the Board shall constitute a quorum. 3.7 Meetings. The regular meeting date of the Joint Powers Board shall be established by resolution of the Joint Powers Board and may be changed from time to time. Special meetings shall be held at the call of the Chair or by any member giving not less than seventy-two (72) hours written notice of the time, place and purpose of such meeting delivered or mailed to the residence of each Joint Powers Board manager and to the City Clerk for each member local government unit. AH meetings of the Joint Powers Board are subject to Minn. Stat. Chapter 13D (The Minnesota Open Meeting Law), and shall be governed by Robert '05 Rules of Order. Member local government units will be notified of meeting dates, times, and locations. 3.8 MSCWMO Joint Powers Board Office. The office of the MSCWMO shall be at: Washington Conservation District. 1380 West Frontage Road, Highway 36. StiHwater, Minnesota 55082. The Joint Powers Board will designate the official bulletin board by official resolution. AH notices to the MSCWMO or its Joint Powers Board shall be delivered or served at said office. The designated office of the MSCWMO may be changed from time to time upon an affinnative vote from a majority of its Managers at a regularly held meeting or special meeting . called for that purpose. 3.9 Alternate Managers. One Alternate Manager to the Joint Powers Board shaH be appointed by each party to this agreement. Alternate Managers may attend any meeting of the Joint Powers Board and in the absence of the appointed Manager have the right to vote on the behalf of the member local governmental unit that the Alternate represents. If a Joint Powers Board Manager is also an officer of the Joint Powers Board, the Alternate shaH not be entitled to serve in the place of such officer when the officer is absent. 3. 10 Voting. Any action taken by the Board shaH be by majority vote unless otherwise stated herein or required by law. Amendments to the annual operating budgets require a two- thirds (2/3) majority of all of the 10 managers of the Joint Powers Board. Actions taken by the Joint Powers Board to order projects or to assess member local governmental units for improvements shall require a two-thirds (2/3) majority vote of all 10 members of the Joint Powers Board; aH other matters will carry by a simple majority of those present as provided in 3.6. ARTICLE IV Joint Powers Board Powers and Duties 4.1 Joint Powers Board. The Joint Powers Board shall have the powers and duties set forth within this article. . .4 oj' J 5 . . . 4.2 Rules and Ree.ulations. The Joint Powers Board may prescribe and promulgate such mles from time to time, as it deems necessary to carry out its duties and the purpose of this agreement and to collect such fees as are reasonably necessary to cover the expenses of administration, permitting, and enforcement of such mles. 4.3 Watershed Manae.ement Plan. As required by law, the Joint Powers Board shall prepare and adopt a Watershed Management Plan as required by law. a. 4.4 Local Water Manae.ement Plan. After consideration, but before adoption by its governing body, each member local governmental unit shall submit its Local Water Management Plan to the Joint Powers Board for review of its consistency with the Watershed Management Plan of the Middle St. Croix Water Management Organization. Each member local governmental unit may also adopt, by resolution, the Middle St. Croix Watershed Management Plan, as its own local plan. The Joint Powers Board shall approve or disapprove each Local Water Management Plan or parts thereof. The Joint Powers Board shall have sixty (60) days to complete its review. If the Joint Powers Board fails to complete its review within the prescribed time period, unless an extension is agreed to by the member local governmental unit submitting the plan, the proposed plan shall be deemed approved. 4.5 Information and Data, The Joint Powers Board may acquire and record such infonnation and data within the Watershed as it deems necessary to accomplish its purpose as set forth herein. Such infonnation or data as collected, shall be fully available for all member local governmental units of the MSCWMO and the public. Nothing herein is intended to authorize or require a disclosure of data in violation of the Minnesota Dad Privacy Act, Minnesota Statutes, Chapter 13. 4.6 Claims. As provided within Minn. Stat. 91 03B.2 I I Subd. I, the MSCWMO through its agents and employees may enter upon land within or without the Watershed to make surveys and/or investigations to accomplish the purposes of the watershed management plan. The MSCWMO shall be liable for actual damages resulting from entry but every person who claims damages shall serve the Chairman or Secretary of the Joint Powers Board with a Notice of Claim as required by Minn. Stat. 466.05. 4.7 Contracts. The MSCWMO may make such contracts and enter into such agreements as necessary to fulfill its obligations under this agreement. Such contract or agreements shall be in accordance with the Municipal Contracting Law as set forth within Minn. Stat. 9471.345 et seq. 4.8 Employment and Professional Services. The MSCWMO may obtain such professional services and/or contract for services and may also utilize existing staff of the local governmental units to the extent that the local governmental units consent thereto. The MSCWMO may also employ such other persons as it deems necessary. If staff services of a member local governmental unit are utilized, such services shall not reduce the financial commitment of the member local governmental unit to the operating fund of the Joint Powers Board unless the Joint Powers Board so authorizes the same by a majority vote of the Joint ." of I" . Powers Board of Managers in such cases as where the utilization of staff services are to be substantial. 4.9 The Joint Powers Board will appoint citizen and technical advisory committees as it deems necessary and/or as required by law. 4.10 The Joint Powers Board will also establish and provide for a newsletter or other communication in the manner prescribed within Minn. Stat. S I03B.227 Subd. 4. 4. I I The Joint Powers Board shall be authorized to fund projects by use of an ad valorem tax authorized under Minn. Stat. SI03B.241 in addition to the cost of preparing plans to implement same. MSCWMO and its member local governmental units may accumulate the proceeds of levies as an alternative to issuing bonds to finance improvements. 4.12 Pursuant to the authority of Minn. Stat. SI03B.2II, this Water Management Organization shall have the authority of a watershed district under Section I 03D.911 to adopt a budget, and to decide the total amount necessary to be raised from ad valorem tax levies to meet the budget and further the authority of watershed districts under Section 103D.915 to certify its budget with the auditor of Washington County; and the authority of a watershed district under Section I 03D.90 I to file approved assessment statements with each affected county and finally have the other powers necessary to exercise the authority under clauses I - 3 of Minn. Stat. SI03B.211 Subd.1 including the power to enter into contracts for the perfonnance of functions with government units or persons. 4.13 The Joint Powers Board shall be authorized to fund projects in accordance with Minn. . Stat. S I 03B.251. 4.14 The Joint Powcrs Board shall fulfill all responsibilities imposed by law on watershed management organizations under Minn. Stat. S I 03B.20 I - I03B.255, including future amendments thereto (the "Act") and shall have all powers and authority that the Act allows for watershed management organizations except as explicitly modified, restrictcd, or withheld in this Agrccmcnt. ARTICLE V Annual Bud1!et/Administrative Funding 5.1 Method of Operation. The Joint Powers Board may collect and receive money and scrvices subject to thc provisions of this agreement from the member local governmental units and from any other sources approved by the Joint Powers Board and it may incur expenses and make expenditures and disbursements necessary and incidcntal to the effectuation of the purposes of this agreement. Funds may be expended by the Joint Powers Board in accordance with procedures establishcd herein. Orders, checks, and drafts shall be signed by both the Chairperson or Vice-Chairperson and the Treasurer. Other legal instruments shall be executed on behalf of the Joint Powers Board by the Chairperson or Vice-Chairperson and the Secretary. 5.2 On or before August I of each year. the Joint Powers Board shall prepare an annual . (> of 15 . . \vork program relating to implementation of the Watershed Management Plan and other watershed issues. 5.3 Operating Fundso On or before August I of each year, the Joint Powers Board shaIl prepare an operating budget for the following year for the purpose of providing funds to operate the Joint Powers Board's business. 5.4 Notwithstanding the provisions of Article of IV of this agreement, the annual administrative expenses shall be budgeted and borne by each voting member local governmental unit in the following manner: a) 40 percent shall be borne based upon the total acreage of each member local governmental unit based as a percentage of the acreage of the entire Middle St. Croix Watershed; b) Twenty percent shall be borne by each member local governmental unit based upon the tax capacity of the particular community's area of the watershed as a percentage of the tax capacity of the entire Middle St. Croix Watershed. To determine the tax capacity portion of each community in the lvatershed to use in the formula described here, the total tax capacity of the particular community is multiplied by the percentage of the acreage that community has within the Middle St. Croix Watershed; c) Forty percent shall be borne by each member local governmental unit based upon population of particular community's area of the watershed as a percentage of the total population of the entire Middle St. Croix Watershed. To determine the population portion of each community in the watershed to use in the formula described here, the total population of the particular community is multiplied by the percentage o.fthe acreage that community has within the Middle St. Croix Watershed. The budget shall be adopted by the Joint Powers Board upon a two-thirds (2/3) majority vote of all 10 members of the Joint Powers Board. After approval, the Secretary shall certify the adopted budget to each member local governmental unit on or before September I of each year, together with a statement showing the amounts due from each period. Each member local governmental unit shall pay over to the Joint Powers Board the amount owing, in two (2) equal installments, the first on or before January I, and the second on or before July 1, in accordance with the tax year for which the amount due is being paid. 5.5 Annual Accounts. By May I of each year, the Joint Powers Board shall make and file a full and complete financial report, an activity report, and an audit report to each member local governmental unit and to the State Board of Water and Soil Resources, in accordance with Minnesota Rules. Chapter 8410.0150. ARTICLE VI \Vorks oflmDrovement 6.1 Initiation of Improvement Proiects. Works of improvement for the protection and management of the Middle St. Croix Watershed including but not limited to improvements to property, land acquisition, easements, or rights-of-way may be initiated by recommendation of . the MSCWMO or petition to the Joint Powers Board by the Council of one or more member 7 or I:; . local government units. In either case, the MSCWMO shall conduct a study to determine first, whether or not such proposed improvements are consistent with the adopted MSCWMO Watershed Management Plan and will result in a benefit to the Watershed in part or in whole, and second, whether or not the proposed improvement is feasible and as to whether it should be best made as proposed or in connection with some other improvement. Finally, the MSCWMO shall determine the estimated cost of the improvement as recommended. For projects that will be funded by ad valorem tax levies, the Joint Powers Board shall follow procedures specified by law. For projects that will be funded in whole or in part by assessments against member local government units, the MSCWMO shall follow the following procedures: Upon concluding such determination, the MSCWMO may make a recommendation of the improvement to the Council of the member local governmental unit that the MSCWMO determines will be directly benefited thereby. The recommendation of the MSCWMO shall include a description of the proposed improvement together with its estimated costs and all engineering or staff reports related thereto and an allocation of costs among benefited member local government units. The recommendation shall also specify whether the improvement will be constructed by the MSCWMO or a member local government unit. In the event the original proposal for the improvement was submitted by all the local governmental units that are specifically and directly benefited by the proposed improvement, such a recommendation from the MSCWMO to the Council(s) shall not be required. Upon the submission of such a recommendation, if required . above, to the Council, each such Council to whom the MSCWMO submitted the recommendation shall respond in writing within ninety (90) days of the date of receipt of the recommendation. In the event a Council does not respond within ninety (90) days of the date of receipt the recommendation of the MSCWMO, the Council shall be deemed to have consented to the improvement. In the event the Council of any local government unit directly benefited by any proposed improvement timely objects to same, such proposed improvement may only be ordered by the Joint Powers Board after conducting a public hearing on the improvement and then only on an affirmative vote of two-thirds (2/3) of the Managers. Such public hearings shall be noticed and conducted in the manner established and set forth in Minnesota Statute 103D.741. 6.2 Local ImDrovements. When works of improvement are initiated by the Council of a party or parties, said party or parties shall submit a petition to the MSCWMO setting forth the description of the proposed work and the improvement, the benefits to be realized by said improvements, its total estimated cost and a statement of its feasibility. The MSCWMO shall review and make recommendations on the proposed improvement and the compliance with the adopted MSCWMO Watershed Management Plan in accordance with the provisions of this agreement all to be submitted back to the particular Council within ninety (90) days of the date ofreceipt of the original proposal. In the event the MSCWMO does not respond to the particular Council within ninety (90) days of the date of receipt of the proposal for improvement, the MSCWMO shall be deemed to have consented to such proposal for improvement unless an . S of I" ~ . . extension of time has been granted by the Council. In reviewing the proposal of the member local governmental unit for improvement projects, the MSCWMO shall detennine \vhether or not the same is consistent with the adopted MSCWMO Watershed Management Plan. In the event the MSCWMO detennines the proposed improvements by the member local governmental unit to be inconsistent with the approved MSCWMO Watershed Management Plan, the MSCWMO shall so notify the member local governmental unit in the time prescribed above and in such case the member local governmental unit shall not proceed with the proposed improvement. Review and approval by the MSCWMO shall not be required for local projects that are identified in local surface water management plans previously approved by the MSCWMO. 6.3. Tax District. Each member local governmental unit may establish a watershed management tax district for the portion of its corporate boundaries that lie within the Watershed for the purposes of paying the cost of the planning required to develop a Watershed Management Plan, or implement capital improvement projects. The tax district shall be established pursuant to the provisions of Minnesota Statutes Section 1038.245. Neither the provisions of this agreement or the establishment of a tax district shall prevent the member local governmental units from electing to finance capital improvements by other means, such as establishing a stonn water utility. 6.4 Bindine. Arbitration. Any member local govemment unit that is aggrieved by the determination of the Joint Powers Board as to the allocation of the costs of an improvement shall have 60 days after receipt of the recommendation of the Joint Powers Board referred to in Section 6.1 to appeal such recommendation. The appeal shall be in writing and shall be addressed to the Joint Powers Board asking for arbitration. The detennination of the appeal shall be referred to a Board of Arbitration. The Board of Arbitration shall consist of three persons; one to be appointed by the Joint Powers Board; one to be appointed by the appealing local government unit; and the third to be appointed by the two so selected. In the event the two persons so selected do not appoint the third person within 15 days after their appointment, the Chief Judge of the Washington County district court shall have jurisdiction to appoint, upon application of either or both of the two earlier selected, the third person to the Board of Arbitration. The third person selected shall not be a resident of any member govemmental unit. The arbitrators' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration shall be divided equally between the MSCWMO and the appealing member. Arbitration shall be conducted in accordance with Minnesota Statutes, Chapter 572. ARTICLE VB Miscellaneous Provision~ 7.1 Insurance. The Joint Powers Board may contract for or purchase such insurance as the . it deems reasonable. C) of 15 . 7.2 The Joint Powers Board shaIl not have the power to levy a special assessment on any privately or publicly owned land. The Joint Powers Board shall have the power to require any member local government unit to contribute to costs aIlocated or assessed according to the other provisions of this agreement. 7.3 The Joint Powers Board shaIl not have the power to issue certificates, bonds or warrants. 7.4 The MSCWMO shaIl not have the power of eminent domain and shall not own any interest in real property. (AIl interests in land shaIl be held in the name of the member local government unit wherein said lands are located). 7.5 The MSCWMO has the ability to charge fees to member local government units to cover the cost of reviews of projects within the member local government unit boundaries to ensure projects are meeting the performance standards in the Watershed Management Plan. 7.6 The MSCWMO has the authority to establish and maintain a wetland enhancement and replacement fund from funds collected from developers constructing projects having impacts on wetlands subject to the limitations of the law. ARTICLE VIII Duration 8.1 Each member local governmental unit agrees to be bound by the terms of this . agreement until such time as it is dissolved. 8.2 This agreement may be terminated by dissolution pursuant to the procedures set forth below or by the unanimous consent of the parties of this agreement. 8.3 Dissolution. Any member local governmental unit may petition the board to dissolve the agreement. Upon thirty (30) days notice in writing of each member local governmental unit, the board shall hold a hearing and upon a favorable vote by three-fourths (3/4) of all the eligible votes of the then existing Board of Managers, the Board may by resolution, recommend that the Joint Powers Board be dissolved. Notice of such recommendation shaIl be sent to Washington County and the Board of Water and Soil Resources as a notice of intent to dissolve, and no dissolution shall be effective until at least 90 days following such notice. Said resolution shall be submitted to each member local governmental unit and if ratified by three-fourths (3/4) of the member local governmental units within ninety (90) days, said board shall dissolve the MSCWMO all owing a reasonable time to complete work in progress and to dispose of personal property owned by the Joint Powers Board and/or the MSCWMO, if any. Upon dissolution of the Joint Powers Board and/or the MSCWMO, all property of the Joint Powers Board and/or the MSCWMO shaIl be sold and the proceeds thereof together with monies on hand shall be distributed to the member local governmental units of the Joint Powers Board. Such distribution of the Joint Powers Board and/or the MSCWMO assets shall be made in proportion to total contribution of the Joint Powers Board required by the last annual budget. . J () of IS . . . . ARTICLE IX Effective Date This agreement shall be in full force and effect upon the filing of the certified copy of the Resolution approving said agreement by cach member local governmental unit. ARTICLE X Amendment The Joint Powers Board and/or the Councils of the member local governmental units may recommcnd changes and amendments to this agreement. Such recommendation shall be forwarded in writing, to all of thc Councils of the member local governmental units. Amendments shall be adopted by three-fourths (3/4) vote of the Councils of the member local governmcntal units within ninety (90) days of the referral. However, any amendment which changes the method of approval for improvements or the financing of the Joint Powers Board must be unanimously approved. ] ] of] 5 IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date of complete execution of the parties. CITY OF AFTON SEAL Dated: By: Mayor ATTEST: City Clerk CITY OF BAYPORT SEAL Dated: By: Mayor ATTEST: City Clerk TOWN OF BA YTOWN SEAL By: Dated: Chairperson ATTEST: Town Clerk J:2 of 15 .. . . . . . . CITY OF LAKELAND SEAL Dated: By: Mayor ATTEST: City Clerk CITY OF LAKELAND SHORES SEAL Dated: By: Mayor ATTEST: City Clerk SEAL Dated: CITY OF LAKE ST. CROIX BEACH By: Mayor ATTEST: City Clerk 13 (If J S SEAL CITY OF LAKE ST. CROIX BEACH By: . Dated: Mayor ATTEST: City Clerk CITY OF ST. MARY'S POINT SEAL By: Dated: Mayor ATTEST: . City Clerk CITY OF STILLWATER SEAL Dated: By: Mayor ATTEST: City Clerk . l..foCIS . . . CITY OF OAK PARK HEIGHTS SEAL Dated: By: Mayor ATTEST: City Clerk TOWN OF WEST LAKE LAND SEAL By: Dated: Chairperson ATTEST: T own Clerk IS(\fIS . . . '':i :~ 204 North Third Street PO. Box 242 Stillwater, MN 55082-0242 Phone: 651-439-6231 . FAX: 651-439-4061 November 28, 2005 Mayor and City Council 216 4th St. N. Stillwater MN 55082 Re: Future well site. Dear Mayor and Council: With the city currently in the planning process for the development of the Palmer property, South of Twin Lakes, the Board of Water Commissioners will be in need of a parcel of land for the purpose of a new well site. This parcel ofland will have to be large enough for the Board or the City to have control of all land within a 50-foot radius of the well. According to the City's Alternative Urban Areawide Review (AUAR) that was completed in May 1997, we basically cannot drill a well north of County Road 12 (Myrtle Street) because of potential impacts to Brown's Creek. The Board has found two locations that would seem to work for them: the first is the Southeast corner of the Settlers Park; the other is the Liberty Square Park across from the Bayport Bank building. A third location would be in the Aamodt or Bergman property on Manning Trail but we do not know when it will be annexed into the City and the new well should be in operation by 2007 for water use and fire protection. A well could be incorporated into either of these sites; the well house itself would be built to fit into the surrounding development. If you have any questions or would like to discuss this with our Engineers please let me know. Sincerely, /-"~)'-7 Z~-..--' ~'-dJifu McKnight Manager .. .; CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION 1492 Frontage Road West Stillwater, MN 55082 Phone (651) 439-8803 Fax (651) 275-1766 November 16, 2005 Hello, Would it be possible for you to make mention of our Christmas party at your next City Council meeting? The Cable Commission and Valley Access Channels has this annual Christmas party as a gift for our community. Also, if you happen to have a bulletin board at City Hall where this could be posted that would be great!! . Thank you! Sincerely, ~~~ Kathy Cinnamon Administrative Secretary (& Christmas party planner!) . Copies to: Central St. Croix Valley Commission Members Jack Doerr Mark Swenson Dan Erickson Ken Harycki Gary Talbot Sharon Ridgway Dave Ness Dan Johnson Larry Hansen, City of Stillwater Eric Johnson, City of Oak Park Heights Mike McGuire, City of Bayport Representing the Cities of StiJlv\"~tcr, O~k P~rk Heights and B~vport ~nd the TO\\"nships of StiJlwatcr and Bavtown . . 5th 5tnnua{ Christmas Party witli Santa . Saturday, 1Jecem6er 10 Ya{{ey 5tccess Cliannefs Studio In Ya{{ey Ridge :Ma{{ Doors oyen at 11:30 am. Santa is here from 12 noon to 2:30 ym; afso enjoy some crafts, karaoke and treats! Oyen to tlie yu6ac; :Free. Questions? . Carr 439-8803. . . water ) -. ~-=:::: ~~ THE BIRTHPLACE OF MINNESOTA J November 23, 2005 Attention Area Residents Subject: Street Sign Changes at Moore and Martha Street . In the near future the City of Stillwater will be making a traffic control change near your property. Specifically the City will be removing the stop signs on Moore at Martha Street. These signs are not needed for this intersection to safely function. We have observed very low compliance with these signs, and they have undesirable side effects. This change is necessary in order to improve safety and eliminate confusion at this intersection. This change is part of an overall effort to enhance our intersection controls to improve safety, reduce traffic speeds, eliminate confusion and reduce noise and air pollution throughout the City. The enclosed brochure provides additional background information. If you have any questions about this traffic control change please feel free to give us a call. jlJl: s~ Klayton Eckles Director of Public Works . CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 of Stillwater receives many ts from citizens for STOP When used at the right place the right conditions, a can be a very effective control device. slon to place a new STOP 'j nt an intersection must be made . -~~ 1/!L:i11I'('I'II1.',:/li'fldUllli'lIl City of Stillwater Engineering Department 216 North 4th Street .ater, MN 55082 .ci.stillwater.mn.us City of Stillwater Department of En~ ~ering , UH'e (. . STor signs are effective in helping drivers and pedestrians decide who has the right-of-way at an intersection. Many people also believe that they are an easy solution to neighborhood speeding and other traffic problems. Unfortunately, studies and experience show that using stop signs for these purposes does not work. Unwarranted stop signs can actually result in increased accidents. STOP Signs and Speeding Because they can only be used at intersections and not at mid-block locations, STOP signs are not effective speed reduction devices. Studies show that drivers accelerate rapidly after a stop. Within 100 feet of a STOP sign they approach their top operating speeds, which can be just as high (and sometimes higher) than the speeds at uncontrolled intersections. STOP sign installations have many effects. Some unforeseen impacts from poorly located stop signs includc: STOP Signs and Accidents Properly placed STOP signs can greatly reduce the risk of traffic accidents. However, where STOP signs are installed as "speed breakers", there is a high incidence of violation or running the STOP sign. Most drivers are reasonable and prudent with no intention of purposely violating traffic regulations. However, when an unreasonable restriction is imposed, it can result in flagrant violations. In these cases, the STOP sign creates a false sense of security in pedestrians and motorists. The result can be an increased risk of serious accidents. 1. Low Compliance - sometimes as low as 5% come to a complete stop. , High Acceleration -- leading to no speed reduction. ). Increased noise - caused by breaks and acceleration. 4. Increased cut thru traffic on other streets. 5. Reduced air quality 6. Create a false sense of security - drivers become inattentive. Neighborhood Traffic Patterns Anticipating how a new stop sign will affect ncarby roads is a difficult aspect of traffic engineering. Experience shows that a stop sign in onc location affects nearby traffic patterns. Drivers may seek new routes to avoid the obstacle. Traffic engineers try to ensure that they don't create one problem by solving another. .... Stillwater receives many requests for install,ltlllll ,,: stop signs. Over the history of Stillwater stup Slgll' have been installed for many reasons. SonlL' ullh,' reasons for sign placement may no longer be \,dll! Because of the ongoing requests for stop siglls ,Jill! I hI' questionable logic for some existing signs, Slilhldll'l commissioned a Stop Sign Report in 2003.111Is rl'I'(111 investigated every intersection in town and Il1dlk recommendations for changes, The Stop Sign l\l'P' III is used as a basis for evaluating requests for 1lL'11'1"ll, and removal of some existing ones. Using a planned approach we will make the over,dl system function better and safer. The engillcl'rs II III \ completed the Stop Sign Report and most othcr transportation officials use federal guidelines killlllll ,I.' "warrants" to determine whether or not to ins!dll d STOP sign. By adhering to these warrants, thc\ l'll"lIl, consistent signing from community to COll1ll1UllItl Rules of the Road Stop signs require a driver to come to a full and complete stop. Studies have shown that in soml' situations safety can be improved by avoiding tl1l' use of stop signs. Uncontrolled intersection~ Cdn reduce overall speed, increase driver attcnti \'l'n~'~~ and compliance. All intersections not controJled by sigll~ are suhll'lt to the Minnesota Right-of-way Rule, which SI,ltl", that: When two vehicles enter an uncontrolll'd III/('I'.\('(I/(I)! from different roads at the same time, the d!,l\('!' (if the vehicle on the leji shall yield the rig/II-of-!I"! (i/ the vehicle on the right. At an uncontrolled II!J!I!I!", /1 to a T-shaped intersection, the drlvl'!' !'eCjIIlI('d II! IIII!! shall yield to the cross traffic .. Diane Ward From: Sent: To: Subject: Pat Raddatz [Pat.Raddatz@cowashington.mn.us] Thursday, December 01,20059:10 AM Pat Raddatz Washington County Board Meeting Canceled - 12/6/05 . Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 ***NOTICE*** The Washington County Board Meeting for December 6,2005 has Been Canceled Due to the Association of Minnesota Counties Conference, December 5 * 7, the County Board Meeting for December 6, 2005 has been canceled Next County Board Meeting: December 13, 2005 - 9:00 A.M. ************************************************************************************ Meeting Notices December 7 - Plat Commission 9:30 a.m., Washington County Government Center . December 7 - Metro Emergency Services Board Executive Commission 10:30 a.m., 2099 University Avenue West * St. Paul December 8 - Community Services Advisory Committee 7:30 a.m., Lake Elmo Inn * Lake Elmo ************************************************************************************ Pat Raddatz, Administrative Assistant Washington County Phone: (651) 430-6014 e-mail: pat.raddatz@co.washington.mn.us . .. Diane Ward .rom: Sent: To: Subject: Pat Raddatz (Pat.Raddatz@co.washington.mn.us] Thursday, November 17, 2005 11 :28 AM Pat Raddatz Washington County Board Agenda - 11/22/05 Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County Board Agenda November 22, 2005 - 9:00 a.m. 1. 9:00 - Roll Call Pledge of Allegiance 2. 9:00 - Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the .ounty Board secretary or the County Administrator. The County Board Chair will ask you to come o the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. 3. 9: 10 - Consent Calendar 4. 9:10 - Public Hearing - Transportation and Physical Development * Ann Pung-Terwedo, Sr. Planner Appeal PAC's Approval of a Mining Conditional Use to Rumpca Excavating, Inc. 5. 9:55 - Public Health and Environment * Cindy Weckwerth, Program Manager Comments on Marine on St. Croix WMO Draft Watershed Management Plan 6. 10:05 - Community Services * Dan Papin, Director Contract with Medica Health Plans 7. 10:25 - Library * Patricia Conley, Director 'aiVing Library Fees Charged to Stillwater and Bayport Public Libraries for 2006 8. 10:40 - General Administration * Jim Schug, Administrator .. 9. 10:45 - Commissioner Reports * Comments * Questions This period of time shall be used by the Commissioners to report to the full Board on committee . activities, make comments on matters of interest and information, or raise questions to the staff. This 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. 10. Board Correspondence 11. 11 :00 * Adjourn 12. 11: 1 0 to 11:40 - Board Workshop with the Office of Administration 2006 Legislative Agenda 13. 11 :40 - Lunch 14. 12:30 to 1 :45 - Board Workshop with Transportation and Physical Development Presentation on Design Development for the South and North Service Center Projects *********************************************************************************** Reminder: No Board Meeting November 29, 2005 * 5th Tuesday Meeting Notices . November 28 - Library Board 6:30 p.m., 8595 Central Park * Woodbury November 30 * Metropolitan Mosquito Control Executive Committee 9:00 a.m., 2099 University Avenue West December 1 - Audit Advisory Committee 1 :30 p.m., Washington County Government Center December 1 - Truth-in-Taxation Hearing 7:00 p.m., Washington County Government Center December 7 - Metro Transit Ways Development Board 8:30 a.m., 125 Charles Avenue - St. Paul December 7 - Plat Commission 9:30 a.m., Washington County Government Center December 7 - Metro ESB Executive Commission 10:30 a.m., 2099 University Avenue West * St. Pal December 8 - Community Services Advisory 7:30 a.m., Lake Elmo Inn * Lake Elmo December 8 - Metro Energy Task Force 1 :00 p.m., 125 Charles Avenue * St. Paul . *********************************************************************************** 2 Washington County Board of Commissioners Consent Calendar * November 22,2005 .onsent Cale~dar items are generally defined as items of routine business, not requiring discussion, nd 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 November 1, 2005 Board Meeting minutes. Assessment, Taxpayer Services and Elections B. Approval of new application for on sale liquor license by James R. Schneider Prospects, Inc., located in Scandia, Minnesota. Community Services C. Approval of the 2005 Community Development Block Grant agreement with the Lee and Rose Warner Nature Center for accessibility improvements for the entry points and buildings. D. Approval of first amendment to the agreement with Hennepin County Human Services Department for delivery of employment and training services to laid off Northwest Airline workers from April 1 , 2005 to March 31,2006. .inancial Services E. Approval of changes to Administration Policy #1808, Capital Assets, to incorporate procedural improvements in the recording and disposition of county property. Human Resources F. Approval to hire a Deputy Sheriff Patrol Officer for the Metro Gang Strike Force and a Deputy Sheriff Patrol Officer for transporting prisoners. Sheriff G. Approval to authorize the Sheriff's Office to accept a donation from the Thrivent for Lutherans for raingear for the Reserves. Transportation and Physical Development H. Approval to set public hearing to consider amendment to Washington County Development Code that would allow winter storage of boats and other recreational vehicles in buildings on the Fairgrounds for December 20, 2005. .1. Approval to set a public hearing date for an appeal of the Washington County Planning Advisory ommission denial of an open space design development by Cary Bartz owner and David Atkins, Insignia Development, applicant for December 13, 2005. J_ Approval and execution of Amendment NO.1 to agreement with May Township for the transfer of 3 County Road 58 to May Township. K. Approval and execution of lease Amendment NO.1 for lease of office space with Human service. Inc. in the City of Forest Lake. L. Approval of resolution transferring excess County State Aid construction municipal funds to regular funds. M. Approval of proposed settlement of compensation and damages for Alice Albrecht Parcel as it pertains to the Big Marine Park Reserve. Pat Raddatz, Administrative Assistant Washington County Phone: (651) 430-6014 e-mail: pat.raddatz@co.washington.mn.us . . 4 . Summary of Proceedings Washington County Board of Commissioners November 15,2005 Present were Commissioners Dennis C. Hegberg, DistIict 1; Gary Kriesel, District 3; Myra Peterson, District 4; and Dick Stafford, District 5. Commissioner Bill Pulkrabek, District 2, absent. Board Chair Peterson presided. Assessment. Taxpaver Services and Elections Approval of the following actions: Ratify the Manatron Tax System contract for 2005-2010; Ratify the Affiliated Computer Solutions Tax System contract for 2005-2008. Commissioner Reports - Comments - Questions The Commissioners reported on the following items: Commissioner Hegberg reported on the Minnesota Counties Insurance Trust claim hearings he attended last week; Commissioner Peterson announced that the Historic Courthouse will be holding its Victorian Christmas this weekend; and, that there would not be a County Board meeting on November 29 because it is the fifth Tuesday of the month. . Communitv Services Approval of the 2006 contract with Washington County Housing and Redevelopment Authority to provide housing subsidies for individuals with a serious and persistent mental illness under the Bridges II Program. General Administration Approval of the following actions: Don Theisen, Director of Transportation and Physical Development, has been elected to the Board of the Minnesota Public Works Association; Board correspondence was received and placed on file. Public Health and Environment Board workshop held to discuss development of a replacement household hazardous waste facility. Sheriff's Office . Approval ofthe following actions: Transfer ownership of Washington County Sheriffs Office K-9 "lax" to his handler, Deputy Kirby Livingston; Amend the agreement with Aramark FHC Corrections Services, Inc. to renew the tenn from November L 2005 through October 31, 2006. Transoortation and Phvsical Develooment Approval ofthe following actions: Purchase agreement with Allen F. and J eredine 1. Schneider for purchase of property on Division Street, Lakeland Shores, as part of the CSAH 18 reconstruction project; Letter of support for LCMR grant funding for land cover mapping; Amendment NO.1 to Cooperative Construction Agreement with the City ofW oodbury for signal construction on CSAH 19 (Woodbury Drive) and Lake Road; Letter requesting congressional support for maintaining funding levels provided in SAFETEA- LU; Resolution No. 2005-179, purchase from the Trust for Public Land a portion of the Point Douglas Trail, and acceptance of federal funds grant; Resolution No. 2005-180, authorizing Mn/DOT to act as county's agent in accepting federal aid in connection with land acquisition for Point Douglas Trail; An Executive (Closed) Session was held to discuss proposed cost of right of way and appraisal review for parking lot expansion; Workshop held for an update on the Lake Elmo Park Reserve Master Plan amendment. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. . . . . Summary of Proceedings Washington County Board of Commissioners November 8, 2005 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 Peterson presided. Assessment. Taxpaver Services and Elections Approval of the following actions: Resolution No. 2005-176, classification of five parcels located in New Scandia and May Township as non-conservation; Remove public access to the property record card and all parcel photos from the county's Website; Workshop held to review proposed 2006 property taxes and an ACS/Manatron Tax System update. Commissioner Reports - Comments - Questions Commissioner Peterson announced that Barry Sittlow, St. Paul Park, just celebrated his 30th year as the City Administrator. She will present him with a Commissioners Award. . General Administration Approval of the following actions: Sylvester Bendel, former representative from Ramsey County to the Disabled Veterans Rest Camp, addressed the Board on concerns he has that the Disabled Veterans Rest Camp Board is not following the legislation adopted this past session regarding operating policies and procedures for rotating the use of the campsite; Release ofthe draft 2006-2010 Capital Improvement Plan to Washington County communities for their review and comment; Issue on service fees for the Stillwater and Bayport Associate Libraries to be discussed at a future Board meeting; Board correspondence was received and placed on file. . Human Resources Revision to the Washington County Rules and Regulations, Sections 5 and 16, Policy #5430 General Housekeeping and Acceptable Applications, and Policy #5020 Workers' Compensation. Information Technolo2V Approval of the following actions: Contract with Midwave Corporation for network, security, and server support; Contract amendment with Midwave Corporation to extend project management services to manage Infol111ution Technology Department technical projects through March 31,2006. Librarv Resolution No. 2005-178, naming the Washington County Library Branch in Lake Elmo The Rosalie E. Wahl Branch. . Recorder's Office Approval of Plat ofOtchipwe Prairie, Stilhvater Tovmship. Transportation and Phvsical Development Approval of the following actions: Reschedule a public hearing from November 15 to November 22 for an appeal of a Mining Conditional Use Permit granted by the Washington County Planning Commission to Rumpca Excavating, Inc.; The issue on eminent domain to expand the Government Center Campus will be held at the next Board meeting; Update on Comcast Corporation's employee volunteers work at the Lake Elmo Park Reserve held on October 1,2005; Resolution No. 2005-177, negative declaration of need for an Environmental Impact Statement for joint projects including Audubon and Miller Fanns in Baytown Township; Workshop held to discuss Bob Bilotta's response to the county's conditions and expectations for "The Garden". A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. . .