HomeMy WebLinkAbout2008-06-17 CC Packet
illwater
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'ME ''''"'LACE Dr: M'I.EII,..
AGENDA
CITY COUNCIL MEETING
Council Chambers, 216 North Fourth Street
JUNE 17, 2008
REGULAR MEETING
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
7:00 P.M.
UNFINIS
1. Poss w', warding contract for 2008 Sealcoat Project (Project 2008-06)
(Resdl~tio
\H[f~
'\i,~.
NEW BUSINES
1. Possible greement fQ emporary use Youth Services Bureau, 1825 Curve Crest - Paul Weiler
2. Discussion~qn Coffee Shop Equipment - Library
3. Possible aW".);, contract for mowing and clean up services for nuisance properties (Resolution - Roll
Call)
4. Case No 08- 8 - Discussion of concept master plan for Lakeview Hospital campus
5. Possible approval of feasibility report for the 2008 Sidewalk Rehabilitation Project (Project 2008-05)
(Resolution - Roll Call)
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued)
COMMUNICA TIONS/REQUESTS
COUNCIL REQUEST ITEMS
STAFF REPORTS (continued)
3. City Clerk
4. Community Dev. 0'
Finance Director
City Administrator
APPROVAL OF MINUTES - Possible approval of the June 3,2008 regular & re
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
1. Possible approval of Bond Sale - Dee Dee Kahring, Springsted
OPEN FORUM
The Open Forum is a portion of the Council meeting to add
the meeting agenda. The Council may take action or reply
staff regarding investigation of the concerns expressed, Ou
limit your comments to 5 minutes or less.
STAFF REPORTS
1. Police Chief
2. Fire Chief
PUBLIC HEARINGS -
or less.
n attendance lease limit our comments to 10 minutes
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
a Springsted
Springsted Incorporated
380 Jackson Street, Suite 300
Saint Paul, MN 55101-2887
Tel: 651-223-3000
Fax: 651-223-3002
Email: advisors@springsted.com
www.springsted.com
$5,345,000*
CITY OF STillWATER, MINNESOTA
GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 2008B
(BOOK ENTRY ONLY)
AWARD:
SALE:
STIFEl, NICOLAUS & COMPANY, INCORPORATED
June 17, 2008
Bidder
Interest
Rates
3.70% 2009-2013
4.00% 2014-2015
4.80% 2016-2017
3.80% 2018
4.00% 2019-2020
4.05% 2021-2022
4.15% 2023-2025
4.20% 2026-2028
4.25% 2029-2030
3,00% 2009-2011
3.25% 2012
3,50% 2013
3.75% 2014
4.00% 2015-2018
4.05% 2019-2023
4.30% 2024-2028
4.40% 2029-2030
4.25% 2009-2018
4.00% 2019-2022
4.125% 2023-2024
4.25% 2025-2028
4.375% 2029-2030
STIFEL, NICOLAUS & COMPANY,
INCORPORATED
PNC CAPITAL MARKETS
STERNE, AGEE & LEACH, INC.
Moody's Rating: Aaa
FSA Insured
Moody's Underlying Rating: Aa3
Price.
Net Interest
Cost
True Interest
Rate
$5,310,757.65 $2,983,044.02
4.2298%
$5,276,982.90 $3,042,483.77
4.3195%
$5,275,611,60 $3,052,857.67
4.3472%
(Continued)
Public Sector Advisors
Bidder
Price
Interest
Rates
Net Interest True Interest
Cost Rate
NORTHLAND SECURITIES
WELLS FARGO BROKERAGE
SERVICES, LLC
*
2.75% 2009
3,00% 2010
3.10% 2011
3.25% 2012
3.40% 2013
3.60% 2014
3.70% 2015
3.80% 2016
3.90% 2017
4.00% 2018
4.05% 2019
4.10% 2020
4.20% 2021
4.30% 2022
4.40% 2023
4.50% 2024
4.60% 2025
4.75% 2026-2030
$5,279,539.86 $3,226,965.35
4.5638%
REOFFERING SCHEDULE OF THE PURCHASER
Rate Year Yield
3.70% 2009 2.00%
3,70% 2010 2.70%
3.70% 2011 2.90%
3,70% 2012 3,10%
3.70% 2013 3.25%
4.00% 2014 3.40%
4.00% 2015 3.50%
4.80% 2016 3,65%
4,80% 2017 3.75%
3.80% 2018 3.80%
4.00% 2019 3.95%
4.00% 2020 3.95%
4.05% 2021 Par
4.05% 2022 Par
4.15% 2023 Par
4.15% 2024 Par
4.15% 2025 Par
4.20% 2026 Par
4.20% 2027 Par
4.20% 2028 Par
4.25% 2029 Par
4.25% 2030 Par
BBI: 4.69%
Average Maturity: 13.235 years
Subsequent to bid opening, the issue size decreased from $5,345,000 to $5,300,000.
~.~
LIST OF BILLS
EXHIBIT" A" TO RESOLUTION #2008-80
Abbott Paint
Ace Hardware
Action Rental, Inc.
Air Down There
Armor Security Inc.
Aspen Mills
AT&T
Belle Services Corporation
Big Ink Inc.
Board of Water Commissioner
Braun Pump & Controls
Brock White Co. LLC
Buberl Black Dirt, Inc.
Carquest Auto Parts
Cintas Corporation #754
Ess Brothers & Sons Inc.
Fred's Tire Company
G & K Services
Galles Corporation
Goodin Company
Gopher Bearing
Gopher State One Call, Inc.
Greeder & Mondor Electric Co.
H & L Mesabi
Harycki, Kenneth
HD Supply Waterworks, Ltd.
Ice Skating Institute
Johnson Controls
LarsonAllen LLP
Loftier Companies, Inc.
Marine Services Inc. Max Todo
McMaster-Carr Supply Co.
Menards
Metropolitan Council
Minnesota Department of Health
MN Office Of Enterprise Technology
Municipal Code Corp.
Nextel
NXKEM Products
Office Depot
Onvoy
Pioneer Press
Pogge, Michel
Paint
Equipment Repair Supplies
Concrete/Lowell Flag Pole, Lawn Aerator
Dive Rescue Knife
Quarterly Monitoring Service/Teddy Bear Park
Uniform Shirts
Telephone
Graffiti Removal Supplies
Dasher Board
Materials Used at Lily Lake
Volume Blower, Cable Rack
Float, Trowel, Broom
Black Dirt
Equipment Repair Supplies
Work Uniforms
Bike Proof Grate, Sanitary Manholes
Tire Repair
Uniform Cleaning, Mats, Towels
Janitorial Supplies
Equipment Repair Supplies
Equipment Repair Supplies
May 2008 Billable Tickets
Electrical Work/Lift Station, PW
Carbide Blades
Reimburse for Taxi Cab Fare
24" HDPE Pipe for Storm Sewer Repair
Achievement Patches
Wiring Repairs
Progress Billing for 2007 Year End Audit
Fiber Patch Cord, Network Support
Removal & Clean Up, Board Up/2 Properties
Fire Rated Louver
Equipment Repair Supplies
July 2008 Wastewater Charge
Hospitality Fee/Rec Center
May 2008 Wide Area Network Usage
Annual Code of Internet Fee
Cell Phone
Lubricant, Odor Eliminator
Office Supplies
Monthly Telephone
Newspaper Subscription
Reimburse for Web Hosting, Office Supplies
61.32
901.42
133.12
29.81
89.46
167.49
94.09
628.35
197.03
25.37
1,553.14
79.31
178.92
114.35
72.93
6,122.53
26.25
2,850.91
221.91
140.35
156.90
611.90
416.00
2,127.34
88.00
1,097,20
46.26
2,500.80
3,900.00
1,323.27
3,025.00
212.72
928.13
101,377.21
35.00
140,83
400.00
675.91
339.40
335.07
515.36
50.44
73.55
EXHIBIT" A" TO RESOLUTION #2008-80
R & R Specialties, Inc.
Riedell Shoes, Inc.
RiverTown Newspaper Group
Roettger, Dan
Roettger Welding, Inc.
Rotary Club of Stillwater
Signature Lighting, Inc.
Sky Walker Crane
Sprint PCS
St. Croix Boat & Packet Co.
St. Croix Events, Inc.
St. Croix Recreation Co.
St. Joseph Equipment
Stillwater Farm Store
Stillwater Towing
Stillwater Township
Sun Newspapers
SW /WC Service Cooperatives
T.A. Schifsky & Sons, Inc.
The 106 Group, Ltd.
Toll Gas & Welding Supply
Tower Asphalt
United Refrigeration, Inc.
United Rentals
Valley Trophy Inc.
Vermeer Sales and Service
Viking Industrial Center
Washington County Historical Society
Washington County Property Records
Washington County Road & Bridge
Washington County Taxpayer Services
Washington County Transportation
Wenck Associates, Inc.
Yocum Oil Company
Zack's Inc.
ADDENDUM
Ace Hardware
Clark, Luanne
Frank Madden & Associates
Interlight
Johnny's TV
Kirvida Fire
League of MN Cities
Ice Paint, Impeller, Towel
Skates for Resale/Returned Boot
Legal Proceedings
Refund of City License Fee
Welding
Membership Dues-2nd Quarter 2008
Streetlight Repair
Erect Flag Pole In Lowell Park
Cell Phone
May 2008 Services
Donation for 4th Fire Works
Cartridge
Equipment Repair Supplies
Chemicals
Shed Tow
2008 Annexation Payment
Publications
Retiree Health Insurance
Asphalt
Stillwater Public Education Program
Medium Acetylene
Application #1 Lily Lake Parking Lot/Driving Park
Replace Fan Motor
Equipment Repair Supplies
Door Signs
Radiator for Wood Chipper
Adhesive Vinyl Sign
Principle & Interest on GO CO Bond 2003 HS
TIF #9 & #10 Deletion & Additions
Traffic Signal Work
Teddy Bear Park 1st Half 2008 Property Taxes
Traffic Services
Lake McKusick Sediment Sampling
Fuel
Asphalt Remover Oil & Remover
Equipment Repair Supplies
Cleaning at City Hall & Public Works
Professional Services though 05/31/08
Light Bulbs
Labor Repair
Annual Pump Tests on Fire Trucks
Quarterly Municipality & Workers Comp Insurance
Page 2
'.
.,
316.08
397,86
130.41
100.00
38.00
182.50
650.93
288.00
58.73
38,483.74
10,000.00
97.98
25.73
104.87
100.00
7,163.76
179.93
41,205.75
2,040.99
120.00
27.81
153,848.97
266.45
133.41
30.02
623.51
132.06
31,500,00
1,260.00
101. 79
105,37
330.77
774.41
9,686.04
1,082.25
25.89
1,107.50
260.30
101.35
225.00
1,017.60
91,646.50
"
EXHIBIT" A" TO RESOLUTION #2008-80
Magnuson Law Firm
Minnesota BCA
Office Depot
Office Max
Plant Health Associates, Inc
Qwest
Reed Business Information
Waste Management
Xcel Energy
Adopted by the City Council this
17th Day of June, 2008
Professional Services though 06/10/08
On Scene Fire/Arson Investigation Class
Office Supplies
Office Supplies
Professional Services through 05/31/08
Telephone & T1 Lines
Construction Bulletin, 2008 Sealcoat Project
Garbage Waivers
Electricity & Natural Gas
TOTAL
Page 3
11,410.83
180.00
47,91
231.64
1,198.50
759.11
187.20
25.53
31,046,91
575,124.24
Minnesota Department of Public Safety
Alcohol and Gambling Enforcement Division
444 Cedar St-Suite 133
St. Paul, MN 55101-5133
(651)296-9519 Fax (651)297-5259 TTY (651)282-6555
APPLICATION AND PERMIT
FOR A TEMPORARY ON-SALE LIQUOR LICENSE
N<l.... ~u,.,;.,.,.
DATE ORGANIZED
J~" of-
CITY
5>ric..u.N~
BUSINESS PHONE
(~ ) 1~o- J~'"
TYPE OF ORGANIZATION
o CLUB CHARITABLE DRELIGIOUS C}(OTHER NONPROF
ADDRESS .
4')-? ~OUTrl ~,.,J 1.
ADDRESS J 1 _. r
:g ~ IU>tfi;{ ~.
AD RESS
TAX EXEMPT NUMBER
STATE
1?7, <I~~~
HOME PHONE
('-$"I) -I~ - lIS-+'
ZIP CODE
SS-o&-
T/~1f.i /1tiJ. ~8v
-!Y;-,u.r.dt-It( /HAl, ro~
s;.T'CL~M /)1~ >!O~
Location where license will be used. If an outdoor area, describe
N,1Je.<<. {Z<..I<. - 4oc.r.... 1~IOt:..
?-iCE; -
Will the applicant contract for intoxicating liquor services? If so, give the name arid address of the liquor licensee providing the service.
A.t;( n,6e(..:::r-Ja ~'r'C,. k'~L
A&:d:! ~tG-4 - dA..rrl!Jl(,.J
~ Sr. ~H.
HtJc~ ~,(!
...s:.~ ...,~ )<,01.
Will the applicant carry liquor liability insurance? If so, the carrie's narle and amount of coverage,
(NOTE: Insurance is not mandatory,) ~ ,....
APPROVAL
. APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMI1TING TO ALCOHOL & GAMBLING ENFORCEMENT
CITY/COUNTY City of Stillwater DATE APPROVED
CITY FEE AMOUNT $25,00 per day LICENSE DATES
DATE FEE PAID
SIGNATURE CITY CLERK OR COUNTY OFFICIAL
APPROVED Alcohol & Gambling Enforcement Director
Note: Do not separate these two parts, send both parts to the address above and the original signed by this division
will be returned as the license. Submit to the city or County at least 30 days before the event.
PS-09079 (6/
;
;
Memorandum
Date: June 16, 2008
To: Mayor and City Council Members; City Administrator Larry Hansen
From: Chief John Gannaway
Subject: Possible Purchase of Polaris Ranger Utility Vehicle
Please consider this memorandum as the Police Department's request to purchase a 2008 Polaris
Ranger Utility Vehicle for Department/Parking Enforcement use.
This vehicle is basically an All Terrain Vehicle with two seats and small cargo bed in the rear. It will be
more maneuverable downtown during heavy traffic times, and gets about 30 mpg. Our Parking
Enforcement personnel can utilize the vehicle 7-8 months per year, and our officers can use the vehicle
during special events downtown, enhanced downtown patrol, and during Lumberjack Days (we
currently borrow a similar vehicle from a local vendor). It will be equipped with emergency lighting and
a small siren and will be used for law enforcement/parking enforcement uses only.
Since this type of vehicle is not available via State Contract pricing, we solicited bids from five vendors
for two types of utility vehicles with the same engine size. Based upon the specs and lowest price, the
bid should be awarded to 61 Marine & Sports, which submitted a bid of $9,993.50 for a 2008 Polaris
Ranger.
The Downtown Parking Fund has in excess of $450,000 cash.
~Jun 10 ~uu~ ~:U~~M
H~ LR~I::.~Jl::.r FRX
p.2
~..,61.MA~I~~,..~s~PORTS ..#.
. ... Hastings, MN 55033 ...
(651) 7-3522
Stock' . ~\o \,(., c"&
Buyer Name: (Last) G;.~~~ (Fi~
Co-Buyer Name: (last) _____ (First (
Address:
Home Phone: (;,S(- 3 S J ~2() 6 Bus. Phon.e: .
Buyer D.L. II:
Salesperson~ \:
( . die)
iddle)
County:
Co- Buyer DOB:
No [fL~
Zip:
PLEASE ENTER MV ORDER FOR: Ne~ usedD .. DemO 0 Buyers Insurance:
VEA3.UC'"':R T~....,[/""'''Lt 5, C~-;J n. ,..A ~,.~ODEl)((}"1 00 nA1T7'ttHt.OI jA !LIC.I
YIN, . , lJ r"x. ~. DATE STATE IMILEAGE ..
CASH PRICE OF VEHICLE
FREIGHT
DEALER INSTALLED OPTIONS
,. It , /l-n
~AA JJ ".UA rlJ~
. ~ 1 J r f1. A 7'l - ...,. "f"1...
. \ li. \ q,.../ -. . -a(1~r ;~. ~.
.r::::l. \l-?L . I aJ'l\
" "'~
.IliJh . /} j~
1 ,
Oli~:\ ~ 9)1. -0 ZO
DELI\IEREO
ON Oil ,t.BOUT
q j sQ' . \- """'\
-
.~~o CI'U
TRADE.IN DATA
DOES YOUR TRADE-IN HAVE A BAAIIDED
TiTLE OR INSUR&Nr.E SALVAGE HISTORY?
YEAR I "'AICE .. r ~OIEl
AI J..
f v I -
~(,I'd. ~
YES[:J . NO 0
.~
liEN HOLDERS
NAIoIE
~RESS
T
r
V111'
-,,-
DEALER'S DISClAIIUIEP. 0' WARRANTY
"1M oMi.. ..p....!Y lIi1c1alm1ol_dn,"'" 'lpI$q or Imol1Id on tI. v.hlclo
IOtt, __pi ..ywa._.lIoo _.d aN uploIrwd In PItOClNl'hotb "'auo~ 13 on I....
t."I'.~I.":-=:-':;' ~ -::,,'==1:'1::=~ :'::~~~.aN
CD,*w.I:.
SETUP
DOC FEE
TOTAL
SERVICE CONTRACT
REGISTRATION FEE
PLATE FEE
\ir6 170
6450
TOTAL 97 .C;;~ ~C
ACCY, LABOR
~~g~~g~.i~
TRADE DIFFERENCE
UCENS~
PLATE'
MllEAOE
NOW
l'Cii/Se
ST~
TR~'1SMlll!510N
lexp. .
IOATE
POLLUTION CONTROL 5't1~'" DISCLOSURE
. (TRADE-IN VEHICLE)
In onle. t. ccwr1>~"'~ M1n..._llletwo, lito... S2fiE.Glst. no _ rr~ Irlrlllw
'. "'0101""'''''' _Ill Ilft)V1lIIQ I Millon dlaoI<SUl1Illl ". _el.... lboI'" r) ..~
the -'"" ol".~ ...ntr<lI.........
TI'aI\I"''''' (....~ hoIreoy COI1l!'''' ID .... b.., ~ .tllllhe' ~_.dc..\hol"" pollvllon
"'"'''01.,.... On llWa ve/lielo, .... ..dod 11\ HId", till ~-.l Qa"";no pipe. hU
noIlII... _..d. ~...d, or .on"red Ir\operdo'o. . ...
s...(. SIg.llutO CZl
~
~cf S-Q
~-= -:.....
F..
SALES t
TAXABLE roT\l
.~
TOTAL
"'- r ...
. .,. I,.;'.
SUBTOT'1iJ :;- '7 ' ~ ~~
LESS CASH SUBMITTED WITH ORDER (+ ~ ,-
PLUS BALANCE OWING TO LEINHOLDER ON TRAOEIN (+) .
TOTAL AMOUNT DUE ON DELIVERY yy"'~ _<;0
~<c
B..,.~. Signa'II'. IJ)
DEALER'S POLlU'T10N CONTUL SYSTEM DISCLOSURE
(VEHICLE BElIoG SOLD)
T"".,..., [Oollor) herolly c:orIIlIn.llllhol llO~oI hilNr ~now1'dg'. "lIlho pollution
......... .yol.m OIl fl. vohO:lo bUll 1014 l'tcIu D't tho ~d ou..... pipe. hu nol
b_o ",..0\ftCl. oJIllIcI, 01 ....lied r.opo..\~. . .
. The ,",nllnd bKlrot till I CO '!tRACT comprise the enure CONTRACT affeC1lng lhls purchase. The DEALER will not I1lcognlze any verbal agreement, or any other agreemenl
undsllIt.ndlng DI any nalUnl. You cartlly thai no credh has been extended by dealer lor thl purchase 01 thIs motor VEHICLE. You certify thaI you are .1 e years 01 age or older, and
acknowledge recetving a copy 01 \l"f5 conn.ct.
IMPORTANT: THIS MAY BE A BINDING CONTRAC
AND YOU MAY loOSE ANY DEPOSITS IF YOU DO
NOT PERFORM ACCORDING TO ITS TERMS.
~ term~ of \1111 CONTRAC1 were aglMd upon and the CONTRACT Ilgnedln tho dMlerahlp
on the !lata noted at thl top of 111II. form, If .DEALER II Irranglng efedlt for YOU, thl~ CONTRACT
.'1 not valid until i eredlt dllcloare II mild. II delcrlbed In Regulltiort Z Iftd you hav. accepted
the credit extended.. . .
NOTICE OF SALESPERSON'S L~ITED A UTHORITY. This contract!s nol valid IJnless signed and
acceptld by Sales Managlr or Otter of Dnlership,
. .
..~IL:
Accepted I>> .-J
. .
JUN-16-2008 12:13
I>>
8u\'l(' St',1Cn ......~l\IIg 1..... ~f ConIlld
Flov.
95%
P.02
Brochure
..
Page 1 of2
2008 Polaris Ranger XP
Current Promotions
Kline Motorsports
2610 N. Highway 61
Maplewood, MN 55109
651-482-1115
polaris. kline-motors ports. com
4.99% for up to 72 Months!
Fifty miles per hour and extreme off-road performance. When the two track disappears and all that's
in front of you is extreme terrain, the Ranger XP will separate you from the rest of the off-road
crowd... fast
GENERAL INFORMATION
M.S.R.P.
Engine
Displacement
Carburetion
Horsepower
Sta rte r
Transmission
Final Drive
Suspension
Brakes
Tires
Length
Height
Wdth
Wheelbase
Dry Weight
Ground Clearance
Fuel Capacity
Turning Radius
Lubrication
Load Capacity
Towing Capacity
Colors
Customer
Salesperson!
Com ments
$10,499.00'
Polaris 2-cylinder, liquid-cooled
683cc
Electronic Fuel Injection (EFI)
40 hp
Electric
Auto PVT (Polaris Variable Transmission)
Switch-engaged on-demand true 4-wheel shaft drive
Front: MacPherson strut; 8 in. (20.3 cm) travel
Rear: Independent; 9 in. (22.9 em) travel
Front: 2-piston, 4-wheel hydraulic disc, stainless steel lines
Rear: 1-piston, 4-wheel hydraulic disc, stainless steel lines
Parking: Hand lever activated, dedicated mechanical disc with shift interlock
Front: 26 x 8-12 PXT radial
Rear: 26 x 11-12 PXT radial
113 in. (287 em)
75 in. (190.5 cm)
60 in. (152.4 cm)
76 in. (193 cm)
1 ,185 Ibs. (539 kg)
11 in. (27.9 cm)
9 gal. (34.1 I)
148 in. (376 em)
Pressurized wet sump
Box: 1,000 Ibs. (454 kg)
Payload: 1,500 Ibs. (681 kg)
2,000 Ibs. (907 kg)
Green, Solar Red, Camo (See Options for color pricing)
Date 6/13/2008
Price' $
I
Signature
http://polaris.k1ine-motorsports.com/new _model _detail _print.asp?Manufacturer= 14& V ehi.., 6/1 3/2008
Brochure
Page 2 of2
,
,
'..~ .
legal Notice: Manufacturer Name, logo and Model Information are Registered Trademarks of the Manufacturer.
pecifications and other information are subject to change without notice. No representation of accuracy is made.
Image is believed to be in the public domain or used with permission.
.Price, if shown, is Manufacturer.s Suggested Retail Price (MSRP) and does not include government fees, taxes,
dealer vehicle freight/preparation, dealer document preparation charges or any finance charges (if applicable).
MSRP and/or final actual sales price will vary depending on options or accessories selected.
http://polaris.kIine-motorsports.com/new_ model_ detail_print.asp?Manufacturer= 14& V ehi... 6/13/2008
~
AGENDA
CITY COUNCIL MEETING
Council Chambers, 216 North Fourth Street
JUNE 17, 2008
REGULAR MEETING
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES - Possible approval of the June 3, 2008 regular & re
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
1, Possible approval of Bond Sale - Dee Dee Kahring, Springsted
7:00 P.M.
STAFF REPORTS
1. Police Chief
2. Fire Chief
3. City Clerk
4. Community Dev. Dir
Finance Director
City Administrator
CONSENT AGENDA (Roll Call)
1. Resolution 2008-80, directing p&'tn~nt of 01 ~
2. Possible approval of tempora Iquor*license ~~cension Epls I Church - September 27, 2008
3, Possible approval of tempo liquor lic(nse - Still'itater Public Library Foundation - July 4, 2008
4. Possible approval to purc water bQJter for th~ creation Center
5, Resolution 2008-81 approva ainten~l1ce agree $~ith Loftier for City copiers
PUBLIC HEARINGS - 0 t ers in atte.\.ance lease limit our comments to 10 minutes
or less.
rding ,;ontract for 2008 Sealcoat Project (Project 2008-06)
NEW BU'SI~ESS
1. Dis~tJ~ion. on Coffee
~Y': '-~t."~<'WP~t*
2, Possi le~aW of contrac
Call)
3. Case 0 - ssion of concept master plan for Lakeview Hospital campus
4. Possible,gfDtoval ofT~'fibility report for the 2008 Sidewalk Rehabilitation Project (Project 2008-05)
(Resolution~- Roll Caur
if:~~
'\.
PETITIONS, INDIVII~4!L~LS, 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,
nt - Library
wing and clean up services for nuisance properties (Resolution - Roll
~~
T.. "".",., Of .,....O~
CITY OF STILLWATER
CITY COUNCIL MEETING
June 3, 2008
REGULAR MEETING
4:30 P.M.
Mayor Harycki called the meeting to order at 4:30 p.m.
Present: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki
Staff present:
City Administrator Hansen
City Attorney Magnuson
Community Development Director Turnblad
Finance Director Harrison
Fire Chief Glaser
Police Chief Gannaway
Public Works Director Sanders
City Clerk Ward
OTHER BUSINESS
Combined Plannina Commission & City Council Comprehensive Plan Update
Present from the Planning Commission were Commissioners Middleton, Milbrandt,
Peroceschi, Kalmon and Wolden. Chair Middleton opened the combined Planning
Commission and Council meeting. Community Development Director Turnblad gave a
brief update on the Comprehensive Plan update status, specifically the Downtown
Framework Plan portion of the Comprehensive Plan. Jeff Martin, consultant, gave a
Power Point presentation highlighting the key components of the Downtown Plan --
trails and open space system, land use and character districts, streetscape hierarchy,
and focus districts - along with the goals and possible plans for each of the
components. The presentation concluded by identifying possible long-term
improvements and funding sources.
A time for questions followed the presentation. Councilmember Milbrandt asked about
the transportation component of the Downtown Plan. Mr. Turnblad responded that
transportation will be specifically addressed in the General Plan; Mr. Turnblad said in
the short-term, it is suggested that an interim traffic management plan be developed for
the downtown area. Mr. Kalmon asked about breaks in the levee wall for pedestrian
traffic; Mr. Martin said that is still being discussed with the Corps, but said the breaks
would be accommodated with earthen dikes and other such measures. Mr. Peroceschi
asked about the landscaping and the difficulty of plantings in a concrete environment;
City Council
June 3, 2008
Mr. Martin responded that there are a lot of trees that are tolerant of urban conditions,
and he noted that there is a material known as structural soil which can be paved over
and will facilitate such plantings. Councilmember Polehna asked for some examples of
where tree plantings in a downtown area have been successful; Mr. Martin noted that
success is dependent on maintenance and how the root zones are done.
Councilmember Milbrandt suggested that the number of trees shown in the northern
portion of downtown would seem counterintuitive to the prospect of hosting large
gatherings in that area; Mr. Martin noted that trees don't take up a large amount of
ground space. Mr. Peroceschi also suggested that trees might obstruct the views of the
river; Mr. Martin spoke of creating view corridors. Mr. Kalmon spoke of the benefit of
trees for storm water management but questioned the possible expense involved due to
soil conditions. Mayor Harycki asked about funding for improvements. Mr. Turnblad said
generally cities try to look for multiple funding streams, and he said part of the writing of
the Comprehensive Plan will be to identify various revenue sources.
Mr. Middleton closed the Planning Commission portion of the meeting.
Discussion on problem properties
Community Development Director Turnblad noted that problem properties are an issue
every City is faced with, but noted that the current situation with the increasing number
of foreclosures has brought to a head the need to do something with the nuisance
properties. He said staff is trying to proactively manage the public interest in properties
and that all departments are involved in the effort. He stated that historically the process
is rather slow, intentionally so to give people sufficient time to deal with their properties
and problems. Given the situation with foreclosures the recommendation is to speed up
the process dramatically. Mr. Turnblad outlined the recommended new process. He
stated the City receives a list of foreclosed properties from the County. Officers on
routine patrol make it a point of checking those properties at least on a weekly basis to
observe the general status of the property and contact the property owners with
observable problems such as unmowed lawns, broken windows, etc., giving the
property owner 48 hours to fix the problem. If the owner doesn't respond to the contact
from the Police Department, the recommerldation is to have a contractor in place to take
care of the problem immediately. As proposed, the City would issue an administrative
citation, as well as order the contractor to take care of the problem. He noted that a
proposed contract for services for the cleanup/general repairs was included in the
Consent Agenda for possible approval later in the meeting. On a question from Mayor
Harycki, Mr. Turnblad noted there are other processes to be followed for problem
properties that create other types of public nuisances/hazards.
Mayor Harycki asked about the possibility of having a hotline or link on the web site to
handle nuisance complaints/concerns; Mr. Turnblad said that would be possible but
wondered to whom the complaints should be directed. Mr. Turnblad said staff would
come back with some suggestions/recommendations regarding the web site/hotline
suggestion. Councilmember Gag asked if the City would have the ability to respond to
complaints in a timely manner, even with a contractor service. Mr. Turnblad thought the
Page 2 of 11
City Council
June 3, 2008
City would be able to respond to complaints in a timely manner, unless the volume is
huge. Mayor Harycki noted there are differing views as to what constitutes a nuisance
and suggested including the ordinance definition of issues such as length of grass.
There was discussion of the ordinance requirements for storage of vehicles.
Administrator Hansen spoke of the way complaints multiply and the resulting amount of
staff time expended in investigating complaints in cautioning that a great deal of
common sense needs to be exercised in dealing with such issues/complaints. There
was discussion about staffing issues involved in code enforcement and handling such
complaints. Councilmember Gag said he would like information about staffing needs for
consideration in the upcoming budget process. Chief Gannaway said his department
currently is dealing with 24 separate properties for various violations.
Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the
proposed process for nuisance properties. All in favor.
STAFF REPORTS
Fire Chief Glaser updated the Council on the City's assistance to the City of Hugo in the
aftermath of the recent tornado. He informed the Council that the department assisted
on several days including sending a crew to help staff the Hugo Fire Department so
they could concentrate on cleanup efforts and on another occasion to attend the funeral
of the young tornado victim; Hugo also utilized the City's mobile command unit, he
noted. The police department also deployed staff to help on the day of the tornado as
well. Councilmember Polehna stated he had received a call from a Hugo
Councilmember asking him to publicly thank the fire and police departments for their
assistance and job well done.
Community Development Director Turnblad reviewed the City's position on franchises in
the downtown area. He stated the position is found in the Comprehensive Plan, which
encourages local businesses to be located in the downtown but does not prohibit chain
stores or franchises; he noted that would be illegal according to interstate commerce
law. What can be regulated and what the Downtown Design Manual does do is prohibit
trademark architecture, he stated. Also, signage is fairly strictly regulated. The City has
chosen to focus on how the architecture fits in the historic downtown, which is a
legitimate concern, he concluded.
Public Works Director Sanders told the Council that the annual crosswalk striping is
almost complete. He said there had been requests for two new crosswalks, one of
which was forwarded to MnDOT. Mayor Harycki asked about having a crosswalk by
Rice Park; Mr. Sanders noted that is on a County Road, and he will forward that request
to the County. Mayor Harycki also asked about Greeley Street in front of Nelson's ice
cream store; Mr. Sanders said the City is following policy on that location and is trying to
get some video to determine the number of pedestrians crossing there that might
warrant the installation of a new crosswalk. Councilmember Milbrandt asked if the
intersection at Churchill and Greeley had been looked at. Mr. Sanders said a traffic
engineer had been consulted regarding that intersection and it appears there is ample
Page 3 of 11
City Council
June 3, 2008
room to add turn lanes on both the northbound and southbound traffic lanes, so the
striping will be tied to when the County does its work throughout the City; however, he
noted that if the City wants to add a thru-Iane going southbound, that will require no
parking on the west side of the road for about 300' from the intersection. Mayor Harycki
raised the issue of Third Street by the Armory; Mr. Sanders noted that also would likely
involve the elimination of parking, and the City would have to work with the County.
City Administrator Hansen reviewed the 2009 levy limit calculation using the LMC
formula. The bottom line is that the City's 2009 levy limit will be about $6.8 million, just
$37,412 more than last year's levy limit. The good news is that the City will receive
more in Local Government Aid; however, that works against the City because it has to
be subtracted from what would normally be the maximum levy amount.
RECESSED MEETING
7:00 P.M.
Mayor Harycki called the meeting to order at 7 p.m.
Present: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki
Staff present:
City Administrator Hansen
City Attorney Magnuson
Community Development Director Turnblad
Finance Director Harrison
Fire Chief Glaser
Police Chief Gannaway
Public Works Director Sanders
City Clerk Ward
PLEDGE OF ALLEGIANCE
Mayor Harycki led the Council and audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the May 20,
2008, regular meeting minutes. All in favor.
Mayor Harycki acknowledged students in attendance.
Page 4 of 11
City Council
June 3, 2008
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Possible approval of special event request - Historic Reenactment Dedication - Cannon &
Concert Committee - July 4. 2008 - Curt Newcomb
Curt Newcomb, Veteran's Memorial Committee, explained that several months ago a
group decided it would be nice to replace the cannon that was at the Historic
Courthouse. He noted that two previous cannons had been located at the Courthouse;
one was melted down during the war efforts of World War I, the other was melted down
for the World War II effort. The group has succeeded in raising the necessary money for
a replacement cannon which will be dedicated at 10 a.m. July 4. He said the special
event request is for a re-enactment of what occurred in 1932 when the last cannon, a
captured German piece, was walked from the Lowell Inn and placed at the Courthouse.
He said the re-enactment has been coordinated in detail with Chief Gannaway and he
believes all issues have been resolved with the Chief and the event would begin with a
brief ceremony in front of the Lowell Inn, and then proceed to the Veterans Memorial for
another ceremony. Mr. Newcomb said the idea is that the cannon not only restores what
was once there, but represents the efforts and sacrifices people of the City and the
County have made towards achieving the peace that we generally enjoy today.
Motion by Councilmember Nyberg, seconded by Councilmember Milbrandt to approve the
special event for the re-enactment event with continued cooperation with the Police
Department. All in favor.
Proclamation: Lakeview Hospital Day
Mayor Harycki read a proclamation designating June 4, 2008, as Lakeview Hospital Day
in the City of Stillwater. Curt Geisler was present to accept the proclamation on behalf of
Lakeview Hospital.
OPEN FORUM
Cathy Mielke, 212 N. Second St., Rivertown Commons, spoke of Rivertown Commons
residents' concerns regarding the parking ramp. She expressed concern about the fact
that the ramp is being moved closer to the Rivertown Commons building and asked that
residents be included in planning for the uses for the green space between the two
structures. She noted Rivertown Commons is losing eight parking spaces to allow for
construction of the ramp and, in exchange, will receive the use of eight spaces in the
ramp; she asked that, if there must be a fee for the spaces in the ramp, the fee not be
so high as to be a burden to the residents or the residents' caregivers.
Allan Lavalier, 707 W. Maple St., expressed concern about the graffiti that was
discovered during the past week, especially the use of KKK, which he suggested goes
beyond being graffiti, Mayor Harycki stated that he has had conversations with Paul
Weiler of the Youth Service Bureau about the graffiti problem in the past, and that Chief
Gannaway is looking at possible options for dealing with prosecution of those
Page 5 of 11
City Council
June 3, 2008
responsible as well as for dealing with the problem in general. Mr. Lavalier asked that
the Mayor consider sending a stronger message to the community about the use of the
KKK symbols; Mayor Harycki said using such symbols is intolerable and does not think
the action represents the value of this community.
Maria Brown, 13818 St. Croix Trail N., also expressed concern about the KKK graffiti,
which she called hate speech. She encouraged the City to work with community groups
and use this as an opportunity to come together to do some proactive things, such as
inviting speakers of color into the community. Mayor Harycki noted the City does have a
Human Rights Commission. Councilmember Polehna, who serves on the Human Rights
Commission, stated this issue came up at a recent meeting of the Commission; he
stated there are some state grants available to do some of the very activities Ms. Brown
was talking about. Councilmember Polehna said the Commission is aware of the issues
and is actively pursing organizing meaningful activities to make the community a better
place for everyone. Chief Gannaway noted that one individual had been arrested in
conjunction with the most recent rash of graffiti.
John Heilman, 107 N. Third St., asked the Council to consider awarding medals of
commendation for each and every police officer and fire fighter for their actions that
saved his life by responding to his 911 call on Friday, May 16.
CONSENT AGENDA*
Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to approve the
Consent Agenda.
Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki
Nays: None
Resolution 2008-74, directing payment of bills
Possible approval of fireworks permit for inside sales - Target
Possible approval of fireworks permit for outside sales - Cub Foods
Possible purchase of air compressor for SCBA
Possible approval of "Rumble on the Deck" event at the Freight House - July 10, 2008
Possible approval of proposed bid documents for 2008-09 Annual Contract for Mowing
& Cleanup Services
Resolution 2008-75, approving Minnesota Department of Transportation Maintenance
Agreement No. 92835
Resolution 2008-76, approving fire protection contracts with the Town of Stillwater and
T own of May
Possible approval to purchase computers for Administration, Finance and Public Works
Page 6 of 11
City Council
June 3, 2008
PUBLIC HEARINGS
Case No. 08-23. This is the day and time for a public hearino to consider a request from
Lakeview Hospital to vacate public drainaoe and utility easements and drainaoe and storm
water pondino easements located on Lots 1. 2. 3. 4. Block 1. Prime Site Subdivision and Outlot
B. Stillwater Industrial Park and any variances related thereto. Notices were mailed to affected
property owners and published in the Stillwater Gazette on May 23. 2008.
Community Development Director Turnblad explained that Stillwater Medical Group is
looking to combine several parcels they own on Curve Crest Boulevard. By combining
parcels, the standard easements for the lots involved are no longer necessary. What is
being proposed is to combine the parcels, keep the easements around the perimeter of
the new parcel, encumber the entire storm water pond, and vacate the unnecessary
easements for the side lot lines. No zoning changes or changes of use are being
requested.
Mayor Harycki opened the public hearing. No comments were received, and the hearing was
closed.
Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution
2008-77, resolution vacating easements on Lots 1, 2, 3, 4, Block 1, Prime Site Subdivision and
Outlot B, Stillwater Industrial Park, and maintaining any City easements necessary.
Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki
Nays: None
UNFINISHED BUSINESS
Ramp Cost Update
Community Development Director Turnblad provided an update on the parking ramp
costs (refined construction estimate) and possible deduct alternatives. He said the total
project costs are estimated at just over $5 million, assuming that all of the possible
deductions, amounting to $983,000, are taken. He said there are some deductions that
staff definitely believes should be included in the project. Deductions staff believe
should be taken include: improvements of the small park area next to the Rivertown
Commons; upgrades to the triangular park on Third Street; and upgrades to the
sidewalk area on the Second Street elevation. Potential deducts that staff believe
should not be taken, that should stay in the project because they do impact how the
ramp functions, include: the third level ramp extension; changes to the bridge area on
Third Street; and eliminating parking equipment in favor of contracting out to a
management company. Councilmember Milbrandt pointed out that as long as the
structure is constructed to accommodate the parking equipment, such as necessary
electrical connections, a decision regarding management could be made at a later date.
Mr. Turnblad also noted that if good bids are received, less than estimated, the deducts
Page 7 of 11
City Council
June 3, 2008
could be put back in the project. Councilmember Nyberg asked about the possibility that
bids are higher than expected; Mr. Turnblad said then other deductions will have to be
found or other sources of revenue found. Councilmember Gag asked about experience
with recent bids on parking structures; Denny Wallace, LSA Design, said bids have
been coming in quite competitively recently. Mr. Wallace said the projections on this
ramp have included recent information regarding bids. Mr. Wallace said the construction
estimate is reflective of the median of the bid range expected. Councilmember Gag
asked about the number of bids that might be expected and whether LSA solicits bids.
Mr. Wallace said 6-10 bidders might be expected and that they actively promote the
project to bidders. Councilmember Polehna asked whether the deducts would be
presented as alternates in the bid package; Mr. Wallace said as the bid package is
prepared the recommendations is to establish a base project, with individual add
alternates for these items and perhaps others.
Mr. Turnblad explained there are three alternatives for the Council: approve proceeding
with the bond sale and not to increase the price of the project beyond the revenue that
the bond sale will generate; allow the bond sale to continue and allow expending up to
$300,000 of general revenue on the project for those options staff believe is crucial to
the project; or stop the bond sale. Councilmember Polehna questioned having to make
a decision on possible deducts before bids is known. Councilmember Nyberg stated
that he would like to know how much general revenue funds other Councilmembers
would be willing to spend before deciding to proceed with the bond sale.
Councilmember Milbrandt said he would not be willing to put forth an arbitrary figure at
this point, and would decide on deducts after bids are received on the base project.
Councilmember Nyberg stated that he was uncomfortable proceeding with the bond
sale due to the potential for the base bid to come in way over estimates.
Councilmember Nyberg asked Attorney Magnuson about the obligation to bond holders
should the Council decide to proceed with the bond sale and then not go forward with
the construction project due to bids; Attorney Magnuson responded that the City would
be stuck with the bonds for a rather long period of time, until there is a call provision.
Motion by Councilmember Milbrandt, seconded by Councilmember Gag to proceed with Option
1 as outlined by Mr. Turnblad, with the understanding that this is bidding the whole project,
with decisions on deductions to be made after bids are received. All in favor.
NEW BUSINESS
Possible acceptino of bids and awardino contract for 2008 Street Improvement Proiect
Public Works Director Sanders stated bids were opened the Thursday prior to the
Council meeting on the 2008 street improvement project. Five bids were received with
the low bid submitted by Miller Excavating. The low bid was $1.39 million, which
included an overlay of the Cub Foods municipal parking lot to be paid by TIF District
funds. Considering the street portion of the project only, the bid would be $1.3 million,
over the engineer's estimate of $1.18 million. He stated the cost of bituminous was
responsible for the difference in bid price versus estimate; he stated the cost of
Page 8 of 11
City Council
June 3, 2008
bituminous has raised to $13 a ton since the feasibility report. He stated $1.4 million had
been budgeted for the project; projected costs, including engineering and
administration, based on the bid is $1.6 million. He said staff would recommend
proceeding with the project, deleting work on Locust Street between Third and Fourth
streets and Oak Street between Fourth and Fifth streets and do sanitary manhole
rehabilitation only if funding allows. Mayor Harycki asked about the impact on
assessments to residents. Mr. Sanders stated if the project is done as recommended
with the two street deletions, assessments would likely be 3 percent higher, about $200-
$250, per lot. Councilmember Nyberg asked if other alternatives had been considered
to keep assessments at the $7,100 level that was the preliminary assessment figure.
Mr. Sanders responded that deleting other streets was considered but those streets
have a lot of properties which helps keep the overall assessment cost down, while Oak
Street and Locust Street have few properties. One other possible deletion is Orwell
Court, but that street is in pretty bad shape.
Councilmember Nyberg said he was not comfortable with proceeding having sat
through several public meetings and telling people this would be the cost of the project
based on the estimate. Councilmember Gag said he thought the project needs to move
ahead but suggested looking at other ways to get the cost closer to the preliminary
assessment estimate of $7,100. Mr. Sanders said there might be some other
alternatives to look at, such as monitoring staff time closely.
Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt
Resolution 2007-78, accepting bid and awarding contract for 2008 Street Improvement
Project (Project 2008-02) with the four changes as recommended by Mr. Sanders and
challenging staff to come up with other measures to get the project back as close as possible
to the preliminary assessment level of $7,100 without jeopardizing the project.
Ayes: Councilmembers Milbrandt, Polehna and Mayor Harycki
Nays: Councilmembers Gag and Nyberg
Possible re-appointment to Board of Water Commissioners
City Clerk Ward stated Robert Thompson has requested reappointment to the Board of
Water Commissions and the Board concurs.
Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt
Resolution 2008-79, re-appointment of Bob Thompson to the Board of Water Commissioners.
Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki
Nays: None
Possible approval of Yacht Club Request for Special Assessment
City Administrator Hansen stated the City was contacted by the Yacht Club regarding
the Club's desire to do some dredging and affix a steel support wall in the harbor. He
Page 9 of 11
City Council
June 3, 2008
said the City did something similar for a project in 1997. He said the cost is assessed
100 percent to the club's property, but the club is able to pay for the project over a
period of 10 years; the club also pays interest. Cost of this project is estimated at about
$80,000. City Attorney Magnuson explained this is similar to property owners
petitioning to have a street fixed and agreeing to have 100 percent of the cost assessed
against their property. Mayor Harycki asked if City staff would be involved. City Attorney
Magnuson explained that in the past, the Club prepared the specs and bids and then
assigned the contract to the City and said there was minimal staff involvement in the
process.
Motion by Councilmember Nyberg, seconded by Councilmember Gag to approve the special
assessment request. All in favor.
COUNCIL REQUEST ITEMS
Councilmember Polehna informed the Council and audience that the grand opening of
the Big Marine Park Reserve was scheduled for Saturday, June 7, and invited everyone
to attend.
Councilmember Milbrandt referred to a letter from Congresswoman Bachmann
regarding library funding; the letter was to be passed along to Library Director
Bertalmio.
Mayor Harycki stated a meeting had been held with the new Commissioner of
Transportation for discussions regarding the status of the bridge project. He said that on
. June 16 the Department will be releasing new bridge rankings to the Legislature. He
said the bridge project has been moved to 2014 on Minnesota's list of priorities, while
Wisconsin is at 2015. He said indications are that work is proceeding on the plans
regardless of the status of the pending lawsuit. Mayor Harycki also noted that he would
be attending the upcoming Met Council forum in Forest Lake.
ADJOURNMENT
Motion by Councilmember Polehna, seconded by Councilmember Nyberg to adjourn at 8:14
p.m. All in favor. .
Ken Harycki, Mayor
ATTEST:
Larry D. Hansen, City Administrator
Page 10 of 11
City Council
June 3, 2008
Resolution 2008-74, directing payment of bills
Resolution 2008-75, approving Minnesota Department of Transportation Maintenance
Agreement No. 92835
Resolution 2008-76, approving fire protection contracts with the Town of Stillwater and
T own of May
Resolution 2008-77, resolution vacating easements on Lots 1, 2, 3, 4, Block 1, Prime
Site Subdivision and Outlot B, Stillwater Industrial Park
Resolution 2007-78, accepting bid and awarding contract for 2008 Street Improvement
Project (Project 2008-02)
Resolution 2008-79, re-appointment of Bob Thompson to the Board of Water
Commissioners
Page 11 of 11
structure for Sunrise Park Approved - Shawn
7. Possible approval to purchase & replace Approved - Shawn
chain link fence and top rail at Lily Lake
ballfield
8. Possible approval of temporary liquor Approved - Sue
license - Lumberjack Days Festival
Assoc. - July 24-27,2008
9, Possible approval of purchase of Polaris Approved - John
Ranger Utility Vehicle for Police
Department
PUBLIC HEARINGS - Out of respect for others No Public Hearings
in attendance. please limit your comments to
10 minutes or less.
UNFINISHED BUSINESS
1. Possible acceptance of bids and awarding Allied Blacktop - Motion by Wally, seconded by Mike
contract for 2008 Sealcoat Project All in favor
(Project 2008-06) (Resolution - Roll Call)
NEW BUSINESS
1. Possible agreement for temporary use No action - taking to Planning Commission
Youth Services Bureau, 1825 Curve Crest
- Paul Weiler
2. Discussion on Coffee Shop Equipment - No action - move to next meeting
Library
3. Possible award of contract for mowing Outdoor Specialist - Mowing and Cleanup
and clean up services for nuisance A 1 Maintenance - Secure properties
properties (Resolution - Roll Call) Motion by Mike, seconded by Wally All in favor
4. Case No 08-28 - Discussion of concept No action
master plan for Lakeview Hospital
campus
5, Possible approval of feasibility report for Approved
the 2008 Sidewalk Rehabilitation Project Motion by Wally, seconded by Mike All in favor
(Project 2008-05) (Resolution - Roll Call)
PETITIONS, INDIVIDUALS, DELEGATIONS &
COMMENDATIONS (continued)
COMMUNICA TIONS/REQUESTS
COUNCIL REQUEST ITEMS Mike asked about an intern doing tree inventory - Shawn
Stillwater has been chosen as the site for Minnesota's 4th of
July Sesquicentennial celebration- cannons will be fired
along with the fireworks display
STAFF REPORTS (continued)
ADJOURNMENT Motion by Mike, seconded by Wally - all in favor
7:52 p.m.
2
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fHr- B1RfHf'LACI:: or MiNf../t~OIA J
Planning Report
DATE: June 10, 2008
TO: Mayor & Councilmembers
CASE No: 2008-28
REQUEST: Lakeview Hospital
Discussion of master plan concept
COUNCIL DATE: June 17,2008
~
PREPARED BY: Bill Turnblad, Community Development Director'$. J .
BACKGROUND
Lakeview Hospital's board of directors has been studying options for future growth. The two
options they have been studying are either to remain in the current location and regenerate the
facility on the site, or to relocate the hospital to a site with more acreage and growth opportunities.
The board has decided that they want to keep the hospital where it is, even though the site presents
growth challenges,
Their next step is to develop a master facilities plan that would provide for a regeneration of the
hospital facilities in a configuration that would provide for projected needs for the next 25-30
years. One of the parameters of the plan was to include only land that the hospital already owns in
this 30 year plan. The hospital has retained BWBR Architects to help them with a staged growth
plan, and they have developed a concept plan that meets those objectives. The concept plan is
attached for your review and discussion,
The Planning Commission reviewed and discussed the concept plan at their June 9, 2008 meeting.
Their comments are included in the text below. After discussion by the City Council, a finalized
master plan will be submitted to the City for a Special Use Permit.
REQUEST
Lakeview Hospital requests the City Council to consider and discuss the various planning issues
associated with their conceptual master plan.
Lakeview Hospital
June 10, 2008
Page 2
THINGS TO CONSIDER
Allowable uses
The property is zoned RA, Single Family Residential and RB, Two-Family Residential. In both of these
districts a hospital is allowable with a Special Use Permit issued by the City Council. The hospital has
been issued Special Use Permits for all additions and improvements since 1976.
Description of master plan
In general terms, the hospital believes that over the next 30 years there may be a need for 280,000 square
feet of additional space. Currently there are about 182,000 square feet of space, The additional space
would be developed in four phases as follows:
· Phase I
o Horizontal expansion with two levels on Everett Street just south of the clinic building.
33,000 square feet in the basement level and 33,000 square feet in the ground story.
o The lowest level would be for surgery, The ground level would be GI and endoscopy.
o Phase I and II would be completed in the near-term future; within 12 to 15 years,
· Phase II
o Vertical expansion of three levels added onto the Phase I building, 33,000 square feet for
each proposed story,
o These three levels would house the hospital bed rooms. Though there would be no net
increase in the number of beds, the number of rooms would be increased since semi-
private rooms would become private rooms.
o The total height of this addition would be four stories (five levels).
o A four story height is permitted in a residential district only with a variance.
· Phase III
o Horizontal expansion of three levels which would replace the existing clinic building.
23,000 square feet on each level.
o This phase would be constructed in the mid-term future; sometime after 12-15 years.
. Phase IV
o Horizontal expansion of two levels that would be located directly north of the existing
hospital and west of the existing clinic building. 23,000 square feet each level.
o This phase would be constructed in the longer-term future,
Performance standards for each phase
· Building massing
o RA District standards
· 30 foot setback required from each street lot line
· 30% maximum lot coverage
· This will likely be an issue. All of the various parcels should be combined
into a single parcel. Then the open space on the south side of the property
could be counted toward the open space required for the whole site.
. Even if the parcels are combined, a coverage variance may be needed to
develop at the proposed density.
· The existing conditions already seem to be more than a 30% impervious
coverage. If this is true, a variance may already have been approved for
the excess impervious surface,
· 2 Y2 story height limit, not to exceed 35 feet
L~keview Hospital
June 10, 2008
Page 3
· See height comments above.
o RB District standards
· 20 foot setback from each street lot line
· 25% building coverage; 25% impervious coverage
· See coverage comments above.
· 35 foot maximum height
. See height comments above,
. Parking
o Hospitals require one parking space for each two beds plus one for each employee on the
shift with the maximum number of personneL
· The state licenses Lakeview to have up to 97 beds and 15 bassinettes. Currently
there are 66 beds and 15 bassinettes.
· Currently there are 572 parking spaces on the campus.
· Since the clinic moved to Curve Crest, the required number of spaces dropped and
the actual number of parking spaces exceeds the parking need,
· A parking need and availability analysis should be provided by the hospital with
their SUP application, This analysis should addresses need and availability for
each phase of the plan,
· Landscaping and screening
o Though not technically applicable, it would seem appropriate to use the landscaping
guidelines for the office district (City Code Sec. 31-513, Subd 1)
· Traffic analysis
o A traffic impact and internal circulation analysis should be completed and submitted by
the hospital as part of the SUP application package,
o This should pay special attention to the impact upon the Everett Street residential
neighborhood.
· Noise impact upon neighborhood
oEMS?
o Helicopters?
· Surfacewater runoff management will need to be a part of the SUP application package.
. Signage
o This can either be part of the SUP application package, or it could be handled as a separate
sign permit application,
Public review process
· SUPs for hospitals in a residential district require a public hearing and approval by the City
CounciL As a matter of practice, the SUP also goes before the Planning Commission for a public
hearing,
o Currently all variances, SUPs, PUDs, etc, expire two years after approval "unless the
action permitted has been completed."
· This has been interpreted in various ways in the past. In this specific case, this
language could be interpreted to mean that the construction for the first phase has
to be completed within two years; or that construction for all phases has to be
completed within two years. It makes more sense to interpret the language for
phased projects to mean that the first phase has to be completed within two years,
and that each subsequent phase would occur according to the phasing schedule.
· To make the phrase clearer, staff would suggest an ordinance amendment. The
amendment could specify that for multiple phased projects, the project could be
Lakeview Hospital
June 10,2008
Page 4
approved as a Conditional Use Permit rather than a Special Use Permit. State law
specifically allows a city to use flexible permit validity periods for Conditional
Use Permits, This would allow the city to tie the Conditional Use Permit to a
phasing plan that exceeds two years.
· What level of detail is required in order to approve a SUP for each of the four phases?
o Enough information would need to be provided to show that all of the applicable
performance standards and related requirements would be satisfied. At least the following
would likely be needed with the SUP application: a certified and scaled plot plan showing
all existing conditions; a legal description of the property (for resolution and county filing
purposes); a narrative explaining the master phased plan; height of buildings; perspective
views of the phases; square footage of all phased space; general uses of the phased space;
general layout of the phased space; parking and traffic circulation for the phases;
pedestrian circulation for the phase; landscaping for the phases; amount of building
coverage and impervious surface for each phase; plans for screening rooftop or ground
located utility units; exterior lighting plans; .
o If the hospital prefers not to provide this level of detail for all four phases from the outset,
the SUP could be structured similarly to a Planned Unit Development permit, whereby
conceptual approval is given for the entire plan, but final approval is given only for the
first phase. For subsequent phases, final approval would be given when they were needed
and more detailed information is prepared,
· Prior to submitting the SUP application to the City, the hospital plans to hold a neighborhood
meeting on the conceptual master plan.
Attaclm1ents:
Zoning Map
Neighborhood Air Photo
Phasing graphics
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MEMORANDUM
TO:
Mayor and City Council
Torry Kraftson, Assistant City Engineer ;r R... X.
FROM:
DATE:
June 12,2008
SUBJECT: Feasibility Report for 2008 Sidewalk Rehabilitation Project
(Project 2008-05)
DISCUSSION
A sidewalk rehabilitation project is proposed for the 2008 construction season. The
criteria for inclusion in the project is sidewalks that are severely cracked, heaved, settled,
or misaligned, such that they may cause people to trip. Inspection for this year has
focused on the north hill and downtown (see attached map).
There are 63 properties with sidewalk repair proposed. The proposed sidewalk repair
area is approximately 4,650 square feet. The estimated construction cost of the project
including removal, replacement, and restoration is $39,482. The total project cost with
engineering, inspection and administration is $49,352. It is proposed to assess 50% or
$24,676 to the affected property owners. This amounts to an assessment rate of$5.30 per
square foot (compared to $3.55 per square foot for the 2007 sidewalk project). The
remaining share would be paid for by the City. Property owners would have up until the
time construction starts to replace the sidewalk on their own or else they would be
included in the project and assessed for their portion of the project cost.
There is $5,000 in the budget for sidewalk rehabilitation adjacent to City property. This
project includes 380 square feet of sidewalk repair at 7 locations adjacent to City property
at an estimated cost of$4,919. If the feasibility report were approved at the June 17th
Council Meeting, the time line for the project would be as follows:
Public Hearing
A ward Contract
Construction
Assessment Hearing
July 1, 2008
August 5,2008
August/September
September/October
RECOMMENDATION
Since the project is feasible from and engineering standpoint and the project is cost
effective, it is recommended that Council accept the feasibility report for the 2008
Sidewalk Rehabilitation Project and order a public hearing to be held on July 1, 2008.
ACTION REQIRED
If council concurs with the recommendation, they should pass a motion adopting
RESOLUTION NO. 2008- RECEIVING REPORT AND CALLING
HEARING ON 2008 SIDEWALK REHABILITATION PROJECT (PROJECT
2008-05).
~
,
RESOLUTION RECEIVING REPORT AND CALLING HEARING ON
2008 SIDEWALK REHABILITATION PROJECT
(PROJECT 2008-05)
WHEREAS, pursuant to resolution of the council adopted April 15, 2008, a report has been
prepared by the City Engineer with reference to the 2008 Sidewalk Rehabilitation Improvement;
and
WHEREAS, the report provides information regarding whether the proposed project is
necessary, cost-effective, and feasible,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER,
MINNESOT A:
1. The council will consider the improvement of such street improvements in accordance
with the repOli and the assessment of abutting property for a portion of the cost of the
improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of
the improvement of $49,352.
2. A Public Heming shall be held on such proposed improvement on the 1 st day of July
2008, at the Stillwater City Hall Council Chambers at 7:00 p.m., or as soon as possible
thereafter, and the clerk shall give mailed and published notice of such hearing and
improvement as required by law.
Adopted by the City Council of the City of Stillwater this 17th day of June 2008.
Ken Harycki, Mayor
ATTEST:
Diane F. Ward, City Clerk
..
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t.'" ,...
MINNfS{)'A
4.~,
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Memo
Community Development Department
To:
From:
City Council
Michel Pogge, City Planner
Thursday, June 12, 2008
2008-2009 Annual Contract for Mowing and Clean up Services
Date:
Re:
Message:
The Council authorized staff to send to bid the 2008-2009 Annual Contract for Mowing and Clean Up
Services. Request for bids were sent to 15 individuals/companies. By the June 11 deadline the City received
3 bids for the project. The following is the bid tab for the project,
Contractor: The Outdoor A-l Maintenance Inc.
Boarding and Securing Property (/opening)
Securing Property (/opening)
- $
- $
64.05 $
64.05 $
105,00
120.00
It appears that The Outdoor Specialist is the lowest responsible bidder for Part A Mowing and Part B Cleaning
of Trash and Debris, and A-l Maintenance Inc. is the lowest bidder for Part C Securing Property,
Requested Action
Accept bids and authorize contract for the 2008-2009 Annual Contract for Mowing and Clean up Services
with The Outdoor Specialist is the lowest responsible bidder for Part A Mowing and Part B Cleaning of Trash
and Debris, and A-l Maintenance Inc. is the lowest bidder for Part C Securing Property,
From the desk of...
Michel Pogge, AICP . City Planner. City of Stillwater. 216 N. 4th Street. Stillwater, MN 55082
651.430-8822 . Fax: 651.430-8810 . email: mpogge@ci.stillwater.mn.us
..
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r~iIlwater
.----=---- --,~
-- "
THE B'RTHPl~CE Of MINNfSnrA. J
STANDARD CONTRACT AGREEMENT
THIS AGREEMENT, is made this day of , 2008 by and between
the City of Stillwater, Washington County, Minnesota (hereinafter called the "City") A-I Maintenance
Inc.. (hereinafter called "Contractor").
1. The Work. The Contractor agrees to perform Part C - Securing Property of the 2008-2009
Annual Contract for Mowing and Clean Up Services according to the documents provided by the
City dated June 5, 2008. All work will be done in a workman-like manner and materials will be
fit for the purpose. Work must be completed according to the Bid Form, General Requirements,
General Conditions, and Specifications for the project.
2. Payment. This work, including all labor, materials and equipment needed to accomplish the
2008-2009 Annual Contract for Mowing and Clean Up Services shall be completed by the
Contractor for the unit prices shown on the attached proposal form to be paid to the contractor
upon satisfactory completion and acceptance.
3. Waiver of Liability. It is further agreed that this work is undertaken at the sole riskof the
Contractor. The Contractor does expressly forever release the City of Stillwater from any
claims, demands, injuries, damage actions or caused of action whatsoever, arising out of or
connected with the work according to the General Requirements, General Conditions, and
Specifications for the project.
4. Indemnification. Any and all claims that arise or may arise against the Contractor, its agents,
servants or employees, as a consequence of any action or omission on the part of the Contractor
while engaged in the performance of this work shall in no way be the obligation or responsibility
of the City. The Contractor shall indemnify, hold harmless and defend the city, its officers and
employees, against any and all liability, loss cost damages, expenses, claims or actions, including
attorneys fee which the City, its officers or employees may hereinafter sustain, incur or be
required to pay, arising out of or by any reason of any act or omission of the Contractor, its
agents, servants or employees in the execution, performance or failure to adequately perform
their obligations under this contract.
5. Insurance. Contractor agrees that in order to protect itself and the City under indemnity
provisions set forth above, it will at all times during the term of this contract, keep in force
policies of insurance as indicated in this contract. The Contractor shall not commence work until
a Certificate of Insurance covering all of the insurance required by these specifications is
approved and a Notice to Proceed is issued by the City Engineer.
The insurance protection will have the following limits:
A Comprehensive General Liability:
(1) Bodily Injury (including completed operations and products liability).
$500,000 Each Occurrence
$1,000,000 Annual Aggregate
MEMORANDUM
TO: Mayor and City Council
FROM: Torry Kraftson, Assistant City Enginee~ 1<--
DATE: June 12,2008
RE: 2008 Street Sea1coat Project
Project 2008-06
DISCUSSION:
Bids for the 2008 Street Sea1coat Project were opened on Thursday, June 12,2008. The City
received two bids with the low bid of $339,495.02 submitted by Allied Blacktop Co. (see.
attached resolution). The bid was higher than the engineer's estimate of $275,000 due to
recent increases in asphalt prices. The City of Stillwater portion of the bid is $150,130, with
the remaining portion of the bid for work in Oak Park Heights, Grant, and Baytown
Township. The 2008 budget for seal coating is $125,000. It is proposed to remove streets
from the project as necessary in order to keep the project within budget.
RECOMMENDATION
It is recommended that the City accept the bids submitted for the 2008 Street Sealcoat Project
and award the contract to Allied Blacktop Company with a low bid of $339,495.02. It is
recommended that Council authorize staff to sealcoat as many streets as possible in order to
keep the project within budget.
ACTION REQUIRED:
If Council concurs with the recommendation, they should pass a motion adopting the
Resolution 2008- ACCEPTING BID AND AWARDING CONTRACT FOR 2008
STREETSEALCOATPROJECT
ACCEPTING BID AND A WARDING CONTRACT FOR
2008 STREET SEALCOA T PROJECT
(Project 2008-06)
WHEREAS, pursuant to an advertisement for bids for the 2008 Street Sealcoat Project, bids
were received, opened and tabulated according to law, and the following bids were received complying
with the advertisement;
BIDDER
BID AMOUNT
Allied Blacktop Co., Maple Grove, Minnesota
$339,495.02
Pearson Bros" Inc., Hanover, Minnesota
$411,411.40
and
WHEREAS, it appears that Allied Blacktop Co, of Maple Grove, Minnesota is the lowest
responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
STILLWATER, MINNESOTA:
1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Allied
Blacktop Co. of Maple Grove, Minnesota in the name of the City of Stillwater for the sealcoating
of streets according to the plans and specifications therefore approved by the City Council and
on file in the office of the City Clerk.
2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits
made with their bids, except the deposits of the successful bidder and the next lowest bidder shall
be retained until a contract has been signed.
Adopted by the City Council this 17th day of June 2008.
Ken Harycki, Mayor
ATTEST:
Diane F. Ward, City Clerk
Bill Turnblad
To:
Cc:
Subject:
Ken Harycki; ken@payrollcps.com; Milbrandt, Wally; Wally Milbrandt; Mike Polehna; Nyberg,
Adam R; Robert T. Gag
Larry Hansen; Dave Magnuson; Michel Pogge
Youth Services Bureau - indoor skateboard facility
Gentlemen,
The Mayor has asked us to add this item to next week's council agenda.
The Youth Services Bureau (Paul Weiler, applicant) has a lease for an indoor skateboard facility in a building located in
the BP-O zoning district (1825 Curve Crest Blvd). The equipment is installed and the facility is about ready to open,
though a building permit has never been applied for. (The construction activity was discovered by the fire department
as they were conducting a routine fire inspection on the building.) The problem is that the recreational use is not
permitted in the BP-O zoning district.
An ordinance amendment and perhaps a SUP would be required for the use to be located in the BP-O district.
Since they are about ready to open the facility, and the process to get an ordinance amendment reviewed by the PC and
Council, as well as make application for and receive an after the fact building permit, would take 2 to 4 months, perhaps
the Youth Services Bureau could temporarily open the facility if they sign an agreement that: 1) states they will file a
complete application for an ordinance amendment (and perhaps a SUP) by no later than July 11 (next application
deadline); and 2) they will file a complete building permit application by July 11; and 3) they will hold the City harmless
for any liability associated with opening without having had a building permit review or fire safety review prior to
opening; and 4) they will vacate the premises by November 30, 2008 if the City Council denies the ordinance
amendment request.
Bill Turnblad
Commuity Development Director
City of Stillwater
651.430-8821 (direct)
1
Stillwater Public Library
224 N. Third Sf.
Stillwater MN 55082
Memo
To: Mayor and City Council
From: Lynne Bertalmio, Library Director
Re: Coffeeshop Equipment
June 11, 2008
The proprietors of the Bookmark Cafe informed the library that the coffeeshop would
cease operation on Friday, June 13, 2008. Due to the downturn in the economy and the
initial costs of capitalizing the operation, the owners have been subsidizing the cafe.
The owners have offered the library the option of purchasing the cafe's equipment at a
reduced rate. Having a completely equipped facility may make it easier to attract a new
vendor who will be in a position to pay rent to the library. The library Board discussed
this option at its meeting on June 10, 2008. They would like to have an appraisal
performed on the value of the equipment and seek additional 2008 capital funds from the
City Council for the purchase of the equipment. Ifpossible, a Board task force will
provide the Council with an estimate of value for the Council meeting on June 17, 2008.
If that is not possible, the value will be presented to the Council at the first July meeting.
~
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE
CITY OF STILL WATER, MINNESOTA
HELD: June 17,2008
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City
of Stillwater, Washington County, Minnesota, was duly held at the City Hall on June 17,2008, at
7:00 P.M., for the purpose, in part, of considering proposals and awarding the sale of$5,345,000
General Obligation Tax Increment Bonds, Series 2008B.
The following members were present:
and the following were absent:
In accordance with Resolution No. _ adopted by the City Council on May 20, 2008,
the City Clerk presented proposals on $5,345,000 General Obligation Tax Increment Bonds,
Series 2008B, which were received, opened and tabulated at 10:30 A.M., Central Time, at the
offices of Springsted Incorporated, in St. Paul, Minnesota ("Springsted") on this same day:
Bidder
Interest Rate True Interest Cost
I' n \
5-, i-\e I
J
, See attached
fi .
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V, l ,-ICtC-l'~
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member
The Council then proceeded to consider and discuss the proposals, after which
introduced the following resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE
OF $5,345,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 2008B, AND
PLEDGING TAX INCREMENTS FOR THE PAYMENT THEREOF
A. WHEREAS, the City Council of the City (the "City") has heretofore created
Municipal Development District No. 1 (the "Development District") pursuant to the provisions
of Minnesota Statutes, Sections 469.124 through 469.134, and has approved a development
program (the "Program") with respect to the Development District; and
B. WHEREAS, the City Council has also heretofore established Tax Increment
Financing District No. 10 as a redevelopment district within the Development District (the "Tax
Increment District") under the provisions of Minnesota Statutes, Sections 469.174 through
469.1799 and has approved a tax increment financing plan (the "Plan") with respect to the Tax
Increment District; and
2187199vl
."
C. WHEREAS, pursuant to the provisions of the Program and the Plan, funds are to
be expended within the Development District to provide money to finance eligible project costs
within the Tax Increment District, constituting capital and administration costs consisting of the
construction of a municipal parking ramp within the Tax Increment District, as set forth in the
Plan (the "Project") and the tax increments derived from the Tax Increment District are referred
to herein as the "Tax Increments"); and
D. WHEREAS, the City Council has heretofore determined that it is necessary and
expedient to issue $5,345,000 General Obligation Tax Increment Bonds, Series 2008B (the
"Bonds" or individually, a "Bond"), pursuant to Minnesota Statutes, Chapters 469 and 475, to
finance the Project; and
E. WHEREAS, the City has retained Springsted as its independent financial advisor
for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in
accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and
F. WHEREAS, it is in the best interests of the City that the Bonds be issued in book-
entry form as hereinafter provided; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater,
Minnesota, as follows:
1. Acceptance of Proposal. The proposal of
(the "Purchaser"), to purchase the Bonds, in accordance with the Terms of Proposal, at the rates
of interest hereinafter set forth, and to pay therefor the sum of $ , plus
interest accrued to settlement, is hereby found, determined and declared to be the most favorable
proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser.
The Clerk is directed to retain the deposit of the Purchaser and to forthwith return to the
unsuccessful bidders any good faith checks or drafts received.
2. Bond Terms.
(a) Title: Original Issue Date: Denominations: Maturities: Term Bond Option. The
Bonds shall be dated July 1, 2008, as the date of original issue and shall be issued forthwith on or
after such date in fully registered form. The Bonds shall be numbered from R-1 upward in the
denomination of $5,000 each or in any integral multiple thereof of a single maturity (the
"Authorized Denominations"). The Bonds shall mature on February 1 in the years and amounts
as follows:
Year
Amount
2009
2010
2011
2012
2013
2014
2015
$
2187199vl
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~
Year
Amount
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
As may be requested by the Purchaser, one or more term Bonds may be issued having
mandatory sinking fund redemption and fmal maturity amounts conforming to the foregoing
principal repayment schedule and corresponding additions may be made to the provisions of the
applicable Bond(s).
(b) Book Entry Only System. The Depository Trust Company, a limited purpose
trust company organized under the laws of the State of New York or any of its successors or its
successors to its functions hereunder (the "Depository") will act as securities depository for the
Bonds, and to this end:
(i) The Bonds shall be initially issued and, so long as they remain in book
entry form only (the "Book Entry Only Period"), shall at all times be in the form of a
separate single fully registered Bond for each maturity of the Bonds; and for purposes of
complying with this requirement under paragraphs 5 and 10 Authorized Denominations
for any Bond shall be deemed to be limited during the Book Entry Only Period to the
outstanding principal amount of that Bond.
(ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond
register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE
& CO., as the nominee (it or any nominee of the existing or a successor Depository, the
"Nominee").
(iii) With respect to the Bonds neither the City nor the Bond Registrar shall
have any responsibility or obligation to any broker, dealer, bank, or any other financial
institution for which the Depository holds Bonds as securities depository (the
"Participant") or the person for which a Participant holds an interest in the Bonds shown
on the books and records of the Participant (the "Beneficial Owner"). Without limiting
the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have
any such responsibility or obligation with respect to (A) the accuracy of the records of the
2187199vl
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~
Depository, the Nominee or any Participant with respect to any ownership interest in the
Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than
the Depository, of any notice with respect to the Bonds, including any notice of
redemption, or (C) the payment to any Participant, any Beneficial Owner or any other
person, other than the Depository, of any amount with respect to the principal of or
premium, if any, or interest on the Bonds, or (D) the consent given or other action taken
by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of
securing the vote or consent of any Holder under this Resolution, the City may, however,
rely upon an omnibus proxy under which the Depository assigns its consenting or voting
rights to certain Participants to whose accounts the Bonds are credited on the record date
identified in a listing attached to the omnibus proxy.
(iv) The City and the Bond Registrar may treat as and deem the Depository to
be the absolute owner of the Bonds for the purpose of payment of the principal of and
premium, if any, and interest on the Bonds, for the purpose of giving notices of
redemption and other matters with respect to the Bonds, for the purpose of obtaining any
consent or other action to be taken by Holders for the purpose of registering transfers
with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as
paying agent hereunder, shall pay all principal of and premium, if any, and interest on the
Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and
all such payments shall be valid and effective to fully satisfy and discharge the City's
obligations with respect to the principal of and premium, if any, and interest on the Bonds
to the extent of the sum or sums so paid.
(v) Upon delivery by the Depository to the Bond Registrar of written notice to
the effect that the Depository has determined to substitute a new Nominee in place of the
existing Nominee, and subject to the transfer provisions in paragraph 10 hereof,
references to the Nominee hereunder shall refer to such new Nominee.
(vi) So long as any Bond is registered in the name of a Nominee, all payments
with respect to the principal of and premium, if any, and interest on such Bond and all
notices with respect to such Bond shall be made and given, respectively, by the Bond
Registrar or City, as the case may be, to the Depository as provided in the Letter of
Representations to the Depository required by the Depository as a condition to its acting
as book-entry Depository for the Bonds (said Letter of Representations, together with any
replacement thereof or amendment or substitute thereto, including any standard
procedures or policies referenced therein or applicable thereto respecting the procedures
and other matters relating to the Depository's role as book-entry Depository for the
Bonds, collectively hereinafter referred to as the "Letter of Representations ").
(vii) All transfers of beneficial ownership interests in each Bond issued in
book-entry form shall be limited in principal amount to Authorized Denominations and
shall be effected by procedures by the Depository with the Participants for recording and
transferring the ownership of beneficial interests in such Bonds.
(viii) In connection with any notice or other communication to be provided to
the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any
2187199vl
4
consent or other action to be taken by Holders, the Depository shall consider the date of
receipt of notice requesting such consent or other action as the record date for such
consent or other action; provided, that the City or the Bond Registrar may establish a
special record date for such consent or other action. The City or the Bond Registrar shall,
to the extent possible, give the Depository notice of such special record date not less than
15 calendar days in advance of such special record date to the extent possible.
(ix) Any successor Bond Registrar in its written acceptance of its duties under
this Resolution and any paying agency/bond registrar agreement, shall agree to take any
actions necessary from time to time to comply with the requirements of the Letter of
Representations.
(x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of
surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5
hereof, make a notation of the reduction in principal amount on the panel provided on the
Bond stating the amount so redeemed.
(c) Termination of Book-Entry Only System. Discontinuance of a particular
Depository's services and termination of the book-entry only system may be effected as follows:
(i) The Depository may determine to discontinue providing its services with
respect to the Bonds at any time by giving written notice to the City and discharging its
responsibilities with respect thereto under applicable law. The City may terminate the
services of the Depository with respect to the Bond if it determines that the Depository is
no longer able to carry out its functions as secwities depository or the continuation of the
system of book-entry transfers through the Depository is not in the best interests of the
City or the Beneficial Owners.
(ii) Upon termination of the services of the Depository as provided in the
preceding paragraph, and if no substitute secwities depository is willing to undertake the
functions of the Depository hereunder can be found which, in the opinion of the City, is
willing and able to assume such functions upon reasonable or customary terms, or if the
City determines that it is in the best interests of the City or the Beneficial Owners of the
Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds
shall no longer be registered as being registered in the bond register in the name of the
Nominee, but may be registered in whatever name or names the Holder of the Bonds
shall designate at that time, in accordance with paragraph 10 hereof. To the extent that
the Beneficial Owners are designated as the transferee by the Holders, in accordance with
paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners.
(iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of
paragraph 10 hereof.
(d) Letter of Representations. The provisions in the Letter of Representations are
incorporated herein by reference and made a part of the resolution, and if and to the extent any
such provisions are inconsistent with the other provisions of this resolution, the provisions in the
Letter of Representations shall control.
2187199vl
5
3. Purpose. The Bonds shall provide funds to finance the Project. Pursuant to the
Plan, the Tax Increments have been pledged to the payment of the Bonds and interest thereon.
The estimated collection of Tax Increments exceeds twenty percent (20%) of the cost of the
Project. The total cost of the Project, which shall include all costs enumerated in Minnesota
Statutes, Section 475.65, is estimated to be at least equal to the amount ofthe Bonds. Proceeds
of the Bonds shall be expended on costs or uses permitted by Minnesota Statutes, Sections
469.174 through 469.179, including particularly Section 469.176, Subdivision 4, and shall not be
expended on any costs or devoted to any other uses.
4. Interest. The Bonds shall bear interest payable semiannually on February 1 and
August 1 of each year (each, an "Interest Payment Date"), commencing February 1,2009,
calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per
annum set forth opposite the maturity years as follows:
Maturity Year
Interest Rate
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
%
5. Redemption. Bonds maturing on February 1,2020 and thereafter shall be subject
to redemption and prepayment at the option of the City on February 1,2019 and on any date
thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the
Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts
within each maturity to be redeemed shall be determined by the City; and if only part of the
Bonds having a common maturity date are called for prepayment, the specific Bonds to be
prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for
redemption shall be due and payable on the redemption date, and interest thereon shall cease to
2187199vl
6
accrue from and after the redemption date. Notice of redemption shall be given by registered or
certified mail at least thirty (30) days prior to the date fixed for redemption to the paying agent
and to each affected registered holder of the Bonds at the address shown on the registration
books.
To effect a partial redemption of Bonds having a common maturity date, the Bond
Registrar prior to giving notice of redemption shall assign to each Bond having a common
maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The
Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in
its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for
each number, shall equal the principal amount of the Bonds to be redeemed. The Bonds to be
redeemed shall be the Bonds to which were assigned numbers so selected; provided, however,
that only so much of the principal amount of each Bond of a denomination of more than $5,000
shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a
Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the
City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the
City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly
authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall
authenticate and deliver to the Holder, without service charge, a new Bond or Bonds having the
same stated maturity and interest rate and of any Authorized Denomination or Denominations, as
requested by the Holder, in aggregate principal amount equal to and in exchange for the
unredeemed portion of the principal of the Bond so surrendered.
6. Bond Registrar. U.S. Bank National Association, in St. Paul, Minnesota, is
appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond
Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all
pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith.
The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is
duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or
record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this
resolution.
7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of
Authentication, the form of Assignment and the registration information thereon, shall be in
substantially the following form:
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7
/
UNITED STATES OF AMERICA
STATE OF MINNESOTA
WASHINGTON COUNTY
CITY OF STILL WATER
R-
$
GENERAL OBLIGATION TAX INCREMENT BOND, SERIES 2008B
INTEREST
RATE
MATURITY
DATE
DATE OF
ORIGINAL ISSUE
CUSIP
%
FEBRUARY 1,20_
JULY 1,2008
REGISTERED OWNER:
CEDE & CO.
PRINCIPAL AMOUNT:
THE CITY OF STILL WATER, WASHINGTON COUNTY, MINNESOTA (the
"Issuer"), certifies that it is indebted and for value received promises to pay to the registered
owner specified above, or registered assigns, in the manner hereinafter set forth, the principal
amount specified above, on the maturity date specified above, unless called for earlier
redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year
(each, an "Interest Payment Date"), commencing February 1,2009, at the rate per annum
specified above (calculated on the basis ofa 360-day year of twelve 30-day months) until the
principal sum is paid or has been provided for. This Bond will bear interest from the most recent
Interest Payment Date to which interest has been paid or, ifno interest has been paid, from the
date of original issue hereof. The principal of and premium, if any, on this Bond are payable
upon presentation and surrender hereof at the office of U.S. Bank National Association, in St.
Paul, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent
duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date
by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or
"Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at
the address appearing thereon at the close of business on the fifteenth day of the calendar month
of such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall
cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and
shall be payable to the person who is the Holder hereof at the close of business on a date (the
"Special Record Date") fixed by the Bond Registrar whenever money becomes available for
payment of the defaulted interest. Notice of the Special Record Date shall be given to
Bondholders not less than ten days prior to the Special Record Date. The principal of and
premium, if any, and interest on this Bond are payable in lawful money of the United States of
America. So long as this Bond is registered in the name of the Depository or its Nominee as
provided in the Resolution hereinafter described, and as those terms are defined therein, payment
of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be
made as provided in the Letter of Representations, as defined in the Resolution, and surrender of
this Bond shall not be required for payment of the redemption price upon a partial redemption of
2187199vl
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this Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds
may only be registered in the name of the Depository or its Nominee.
Redemption. All Bonds of this issue (the "Bonds") on February 1,2020 and thereafter
are subject to redemption and prepayment at the option of the Issuer on February 1,2019, and on
any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part
of the Bonds subject to prepayment. Ifredemption is in part, the maturities and the principal
amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part
of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be
prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for
redemption shall be due and payable on the redemption date, and interest thereon shall cease to
accrue from and after the redemption date. Notice of redemption shall be given by registered or
certified mail at least thirty (30) days prior to the date fixed for redemption to the paying agent
and to each affected registered holder of the Bonds at the address shown on the registration
books.
Selection of Bonds for Redemption: Partial Redemption. To effect a partial redemption
of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a
common maturity date a distinctive number for each $5,000 of the principal amount of such
Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall
deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at
$5,000 for each number, shall equal the principal amount of the Bonds to be redeemed. The
Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided,
however, that only so much of the principal amount of each Bond of a denomination of more
than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so
selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar
(with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form
satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's
attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond
Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new
Bond or Bonds having the same stated maturity and interest rate and of any Authorized
Denomination or Denominations, as requested by the Holder, in aggregate principal amount
equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered.
Issuance: Pw:pose: General Obligation. This Bond is one of an issue in the total principal
amount of $5,345,000, all of like date of original issue and tenor, except as to number, maturity,
interest rate, denomination and redemption privilege, issued pursuant to and in full conformity
with the Charter of the Issuer, Constitution and laws of the State of Minnesota and pursuant to a
resolution adopted by the City Council on June 17,2008 (the "Resolution"), for the purpose of
providing funds to finance certain capital and administration costs consisting of the construction
of a municipal parking ramp within Tax Increment Financing District No. 10 of the Issuer. This
Bond is payable out of the General Obligation Tax Increment Bonds, Series 2008B Fund of the
Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the
prompt and full payment of its principal, premium, if any, and interest when the same become
due, the full faith and credit and taxing powers of the Issuer have been and are hereby
irrevocably pledged.
2187199vl
9
Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered
form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully
registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the
principal office of the Bond Registrar, but only in the manner and subject to the limitations
provided in the Resolution. Reference is hereby made to the Resolution for a description of the
rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal
office of the Bond Registrar.
Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney
duly authorized in writing at the principal office of the Bond Registrar upon presentation and
surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the
Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond
Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and
deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the
transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized
Denomination or Denominations, in aggregate principal amount equal to the principal amount of
this Bond, of the same maturity and bearing interest at the same rate.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum
sufficient to cover any tax or other governmental charge payable in connection with the transfer
or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds.
Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in
whose name this Bond is registered as the owner hereof for the purpose of receiving payment as
herein provided and for all other purposes, whether or not this Bond shall be overdue, and neither
the Issuer nor the Bond Registrar shall be affected by notice to the contrary.
Authentication. This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security unless the Certificate of Authentication hereon shall have been executed
by the Bond Registrar.
Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a
"qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue
Code of 1986, as amended.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things
required by the Charter of the Issuer, Constitution and laws of the State of Minnesota to be done,
to happen and to be performed, precedent to and in the issuance of this Bond, have been done,
have happened and have been performed, in regular and due form, time and manner as required
by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of
original issue hereof and the date of its issuance and delivery to the original purchaser, does not
exceed any charter, constitutional or statutory limitation of indebtedness.
IN WITNESS WHEREOF, the City of Stillwater, Washington County, Minnesota, by its
City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its
Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as
permitted by law.
2187199vl
10
Date of Registration:
Registrable by: u.s. BANK NATIONAL
ASSOCIATION
Payable at: u.s. BANK NATIONAL
ASSOCIATION
BOND REGISTRAR'S
CERTIFICATE OF
AUTHENTICATION
This Bond is one of the
Bonds described in the
Resolution mentioned
within.
CITY OF STILL WATER
W ASHlNGTON COUNTY, MINNESOTA
/s/ Facsimile
Mayor
u.S. BANK NATIONAL
ASSOCIATION
St. Paul, Minnesota
Bond Registrar
/s/ Facsimile
Clerk
By
Authorized Signature
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11
ABBREVIA nONS
The following abbreviations, when used in the inscription on the face of this Bond, shall be
construed as though they were written out in full according to applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship and not as tenants in common
UTMA - as custodian for
(Cust)
under the
(Minor)
Uniform Transfers to Minors Act
(State)
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto the within
Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond
on the books kept for the registration thereof, with full power of substitution in the premises.
Dated:
Notice:
The assignor's signature to this assignment must correspond with
the name as it appears upon the face of the within Bond in every
particular, without alteration or any change whatever.
Signature Guaranteed:
Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm
having a membership in one of the major stock exchanges or any other "Eligible Guarantor
Institution" as defined in 17 CFR 240.17 Ad-15(a)(2).
The Bond Registrar will not effect transfer of this Bond unless the information concerning the
transferee requested below is provided.
Name and Address:
(Include information for all joint owners if the Bond is held by joint account.)
2187199vl
12
PREPAYlJENTSCHEDULE
This Bond has been prepaid in part on the date(s) and in the amount(s) as follows:
DATE
2187199vl
AMOUNT
13
AUTHORIZED SIGNATURE
OF HOLDER
8. Execution: Temporary Bonds. The Bonds shall be printed (or, at the request of
the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its
Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal of the
City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided
further that both of such signatures may be printed (or, at the request of the Purchaser,
photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law.
In the event of disability or resignation or other absence of either officer, the Bonds may be
signed by the manual or facsimile signature of an officer who may act on behalf of the absent or
disabled officer. In case either officer whose signature or facsimile of whose signature shall
appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such
signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if
the officer had remained in office until delivery. The City may elect to deliver, in lieu of printed
definitive bonds, one or more typewritten temporary bonds in substantially the form set forth
above, with such changes as may be necessary to reflect more than one maturity in a single
temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures
of the Mayor and Clerk. Such temporary bonds shall, upon the printing of the definitive bonds
and the execution thereof, be exchanged therefor and canceled.
9. Authentication. No Bond shall be valid or obligatory for any purpose or be
entitled to any security or benefit under this resolution unless a Certificate of Authentication on
the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an
authorized representative of the Bond Registrar. Certificates of Authentication on different
Bonds need not be signed by the same person. The Bond Registrar shall authenticate the
signatures of officers of the City on each Bond by execution of the Certificate of Authentication
on the Bond and by inserting as the date of registration in the space provided, the date on which
the Bond is authenticated, except that for purposes of delivering the original Bonds to the
Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue,
which date is July 1, 2008. The Certificate of Authentication so executed on each Bond shall be
conclusive evidence that it has been authenticated and delivered under this resolution.
10. Registration: Transfer: Exchange. The City will cause to be kept at the principal
office of the Bond Registrar a bond register in which, subject to such reasonable regulations as
the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds
and the registration of transfers of Bonds entitled to be registered or transferred as herein
provided.
Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the
City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of
registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee
or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a
like aggregate principal amount, having the same stated maturity and interest rate, as requested
by the transferor; provided, however, that no Bond may be registered in blank or in the name of
"bearer" or similar designation.
At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized
Denomination or Denominations of a like aggregate principal amount and stated maturity, upon
surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever
2187199vl
14
any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond
Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the
Holder making the exchange is entitled to receive.
All Bonds surrendered upon any exchange or transfer provided for in this resolution shall
be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City.
All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general
obligations of the City evidencing the same debt, and entitled to the same benefits under this
resolution, as the Bonds surrendered for such exchange or transfer.
Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or
be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar,
duly executed by the Holder thereof or the Holder's attorney duly authorized in writing.
The Bond Registrar may require payment of a sum sufficient to cover any tax or other
governmental charge payable in connection with the transfer or exchange of any Bond and any
legal or unusual costs regarding transfers and lost Bonds.
Transfers shall also be subject to reasonable regulations of the City contained in any
agreement with the Bond Registrar, including regulations which permit the Bond Registrar to
close its transfer books between record dates and payment dates. The Administrator/Clerk is
hereby authorized to negotiate and execute the terms of said agreement.
11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in
exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid,
and to accrue, which were carried by such other Bond.
12. Interest Payment: Record Date. Interest on any Bond shall be paid on each
Interest Payment Date by check or draft mailed to the person in whose name the Bond is
registered (the "Holder") on the registration books of the City maintained by the Bond Registrar
and at the address appearing thereon at the close of business on the fifteenth (15th) day of the
calendar month of such Interest Payment Date (the "Regular Record Date"). Any such interest
not so timely paid shall cease to be payable to the person who is the Holder thereof as of the
Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of
business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money
becomes available for payment of the defaulted interest. Notice of the Special Record Date shall
be given by the Bond Registrar to the Holders not less than ten (10) days prior to the Special
Record Date.
13. Treatment of Registered Owner. The City and Bond Registrar may treat the
person in whose name any Bond is registered as the owner of such Bond for the purpose of
receiving payment of principal of and premium, if any, and interest (subject to the payment
provisions in paragraph 12 above) on, such Bond and for all other purposes whatsoever whether
or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected
by notice to the contrary.
2187199vl
15
14. Delivery; Application of Proceeds. The Bonds when so prepared and executed
shall be delivered by the Administrator/Treasurer to the Purchaser upon receipt of the purchase
price, and the Purchaser shall not be obliged to see to the proper application thereof.
15. Fund and Accounts. There is hereby created a special fund to be designated the
"General Obligation Tax Increment Bonds, Series 2008B Fund" (the "Fund") to be administered
and maintained by the AdministratorlTreasurer as a bookkeeping account separate and apart
from all other funds maintained in the official financial records of the City. The Fund shall be
maintained in the manner herein specified until all of the Bonds and any other general obligation
tax increment bonds hereafter made payable from the Fund and issued for the Project, including
any modifications or additions thereto, and the interest thereon have been fully paid. There shall
be maintained in the Fund two (2) separate accounts to be designated the "Capital Account" and
"Debt Service Account", respectively.
(a) Capital Account. To the Capital Account there shall be credited the proceeds of
the sale of the Bonds, less accrued interest received thereon, and less any amount paid for the
Bonds in excess of the minimum bid. From the Capital Account there shall be paid all costs and
expenses of the Project, including the cost of any construction contracts heretofore let and all
other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section
475.65. Moneys in the Capital Account shall be used for no other purpose except as otherwise
provided by law; provided that the proceeds of the Bonds may also be used to the extent
necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the
collection of the taxes herein levied or the receipt of Tax Increments.
(b) Debt Service Account. There are hereby irrevocably appropriated and pledged to,
and there shall be credited to, the Debt Service Account: (i) Tax Increments not otherwise
pledged and applied to the payment of other obligations of the City, in an amount sufficient,
together with other sums herein pledged, to pay the annual principal and interest payments on the
Bonds; (ii) all funds paid for the Bonds in excess of the minimum bid, (iii) all accrued interest
received upon delivery of the Bonds; (iv) any collections of all taxes herein or hereafter levied
for the payment of the Bonds and interest thereon; (v) all funds remaining in the Capital Account
after completion of the Project and payment of the costs thereof; (vi) all investment earnings on
funds held in the Debt Service Account; and (vii) any and all other moneys which are properly
available and are appropriated by the governing body of the City to the Debt Service Account.
The Debt Service Account shall be used solely to pay the principal and interest and any
premiums for redemption of the Bonds and any other general obligation bonds of the City
hereafter issued by the City and made payable from said account as provided by law.
No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire
higher yielding investments or to replace funds which were used directly or indirectly to acquire
higher yielding investments, except (1) for a reasonable temporary period until such proceeds are
needed for the purpose for which the Bonds were issued and (2) in addition to the above in an
amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To
this effect, any proceeds of the Bonds and any sums from time to time held in the Capital
Account or Debt Service Account (or any other City account which will be used to pay principal
or interest to become due on the bonds payable therefrom) in excess of amounts which under
then applicable federal arbitrage regulations may be invested without regard to yield shall not be
2187199vl
16
invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage
regulations on such investments after taking into account any applicable "temporary periods" or
"minor portion" made available under the federal arbitrage regulations. Money in the Fund shall
not be invested in obligations or deposits issued by, guaranteed by or insured by the United
States or any agency or instrumentality thereof if and to the extent that such investment would
cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the
Internal Revenue Code of 1986, as amended (the "Code").
16. Original Net Tax Capacity: Tax Increments: Use of Tax Increments. The County
Auditor of Washington County has certified the original net tax capacity of property in the Tax
Increment District. The County Auditor shall determine in each year if the then current net tax
capacity of property in the Tax Increment District exceeds the original net tax capacity, and shall
calculate, in the manner provided in Minnesota Statutes, Section 469.177, Subdivision 3, the
captured net tax capacity (as defined therein) attributable to the Tax Increment District. The City
hereby determines to retain 100% of the captured tax capacity for purposes of tax increment
financing. The County Auditor shall, in each such year, compute the local tax rate to be
extended against the captured net tax capacity in the manner provided in Minnesota Statutes,
Section 469.177, Subdivision 3, and the tax generated thereby shall constitute the Tax
Increments for the year in which it is received. The County Auditor will remit to the City the
Tax Increments so received. The City hereby appropriates the Tax Increments to the Debt
Service Account, which appropriation shall continue until all of the Bonds and any additional
bonds payable from the Debt Service Account, are paid or discharged.
17. Reservation of Rights. Notwithstanding any provisions herein to the contrary, the
City reserves the right to terminate, reduce, or apply to other lawful purposes the Tax Increments
herein pledged to the payment of the Bonds and interest thereon to the extent and in the manner
permitted by law.
18. Coverage Test. The estimated collections of Tax Increments and other revenues
herein pledged for the payment of the Bonds, will produce at least five percent (5%) in excess of
the amount needed to meet when due the principal and interest payments on the Bonds.
19. Future Tax Levies. In the event that it is anticipated that the aggregate of Tax
Increments and any other funds appropriated to and then held in the Debt Service Account and
the estimated collections of Tax Increments to be received in the next succeeding year will not be
sufficient to pay the principal and interest on the Bonds to become due in the first calendar year
after such determination and the first six months of the succeeding calendar year, the City
Council shall pass a resolution requesting the County Auditor of Washington County to levy an
ad valorem tax in an amount as is necessary, together with the aforementioned funds then held in
the Debt Service Account and said estimated collections of Tax Increments, to pay the principal
and interest on the Bonds to become due during said period.
20. Defeasance. When all Bonds have been discharged as provided in this paragraph,
all pledges, covenants and other rights granted by this resolution to the registered holders of the
Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with
respect to any Bonds which are due on any date by irrevocably depositing with the Bond
Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond
2187199vl
17
should not be paid when due, it may nevertheless be discharged by depositing with the Bond
Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such
deposit. The City may also discharge its obligations with respect to any prepayable Bonds called
for redemption on any date when they are prepayable according to their terms, by depositing
with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full,
provided that notice of redemption thereof has been duly given. The City may also at any time
discharge its obligations with respect to any Bonds, subject to the provisions of law now or
hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a
suitable banking institution qualified by law as an escrow agent for this purpose, cash or
securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest
payable at such times and at such rates and maturing on such dates as shall be required, without
regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if
notice of redemption as herein required has been duly provided for, to such earlier redemption
date.
21. Compliance With Reimbursement Bond Regulations. The provisions of this
paragraph are intended to establish and provide for the City's compliance with United States
Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the
"reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the
City to reimburse itself for any expenditure which the City paid or will have paid prior to the
Closing Date (a "Reimbursement Expenditure").
The City hereby certifies and/or covenants as follows:
(a) Not later than 60 days after the date of payment of a Reimbursement Expenditure,
the City (or person designated to do so on behalf of the City) has made or will have
made a written declaration of the City's official intent (a "Declaration") which
effectively (i) states the City's reasonable expectation to reimburse itself for the
payment of the Reimbursement Expenditure out of the proceeds of a subsequent
borrowing; (ii) gives a general and functional description of the property, project or
Program to which the Declaration relates and for which the Reimbursement
Expenditure is paid, or identifies a specific fund or account of the City and the
general functional purpose thereof from which the Reimbursement Expenditure was
to be paid (collectively the "Project"); and (iii) states the maximum principal
amount of debt expected to be issued by the City for the purpose of financing the
Project; provided, however, that no such Declaration shall necessarily have been
made with respect to: (i) "preliminary expenditures" for the Project, defined in the
Reimbursement Regulations to include engineering or architectural, surveying and
soil testing expenses and similar prefatory costs, which in the aggregate do not
exceed 20% of the "issue price" of the Bonds, and (ii) a de minimis amount of
Reimbursement Expenditures not in excess of the lesser of$100,000 or 5% of the
proceeds of the Bonds. '
(b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of
the Bonds or any of the other types of expenditures described in Section 1.150-
2(d)(3) of the Reimbursement Regulations.
2187199vl 18
(c) The "reimbursement allocation" described in the Reimbursement Regulations for
each Reimbursement Expenditure shall and will be made forthwith following (but
not prior to) the issuance of the Bonds and in all events within the period ending on
the date which is the later of three years after payment of the Reimbursement
Expenditure or one year after the date on which the Project to which the
Reimbursement Expenditure relates is first placed in service.
(d) Each such reimbursement allocation will be made in a writing that evidences the
City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if
made within 30 days after the Bonds are issued, shall be treated as made on the day
the Bonds are issued.
Provided, however, that the City may take action contrary to any of the foregoing covenants in
this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that
such action will not impair the tax-exempt status of the Bonds.
22. Continuing Disclosure. The City is the sole obligated person with respect to the
Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"),
promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the
Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the
"Undertaking") hereinafter described to:
(a) Provide or cause to be provided to each nationally recognized municipal securities
information repository ("NRMSIR") and to the appropriate state information depository ("SID"),
if any, for the State of Minnesota, in each case as designated by the Commission in accordance
with the Rule, certain annual financial information and operating data in accordance with the
Undertaking. The City reserves the right to modify from time to time the terms of the
Undertaking as provided therein.
(b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the
Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of
certain material events with respect to the Bonds in accordance with the Undertaking.
(c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the
MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information
with respect to the City described in the Undertaking.
(d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph
20 and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall
be enforceable on behalf of such Holders; provided that the right to enforce the provisions of
these covenants shall be limited to a right to obtain specific enforcement of the City's obligations
under the covenants.
The Mayor and Clerk of the City, or any other officer of the City authorized to act in their
place with "Officers" are hereby authorized and directed to execute on behalf of the City the
Undertaking in substantially the form presented to the City Council subject to such modifications
thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii)
required by the Purchaser of the Bonds, and (iii) acceptable to the Officers.
2187199vl
19
23. General Obligation Pledge. For the prompt and full payment of the principal and
interest on the Bonds, as the same respectively become due, the full faith, credit and taxing
powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt
Service Account is ever insufficient to pay all principal and interest then due on the Bonds and
any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds
of the City which are available for such purpose, and such other funds may be reimbursed with
or without interest from the Debt Service Account when a sufficient balance is available therein.
24. Certificate of Registration. The City Clerk is hereby directed to file a certified
copy of this resolution with the County Auditor of Washington County, Minnesota, together with
such other information as the County Auditor shall require, and to obtain the County Auditor's
certificate that the Bonds have been entered in the County Auditor's Bond Register and that the
tax levy required by law has been made.
25. Records and Certificates. The officers of the City are hereby authorized and
directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the
issuance of the Bonds, certified copies of all proceedings and records of the City relating to the
Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates
and information as are required to show the facts relating to the legality and marketability of the
Bonds as the same appear from the books and records under their custody and control or as
otherwise known to them, and all such certified copies, certificates and affidavits, including any
heretofore furnished, shall be deemed representations of the City as to the facts recited therein.
26. Negative Covenant as to Use of Bond Proceeds and Pr01ect. The City hereby
covenants not to enter into any assessment agreements with respect to the Tax Increment District
or enter into any tax increment shortfall agreements with respect to the Tax Increment District or
to use the proceeds of the Bonds or to use the Project, or to cause or permit them to be used, or to
enter into any deferred payment arrangements for the cost of the Project, in such a manner as to
cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141
through 150 of the Code.
27. Tax-Exempt Status of the Bonds; Rebate; Elections. The City shall comply with
requirements necessary under the Code to establish and maintain the exclusion from gross
income under Section 103 of the Code of the interest on the Bonds, including without limitation
(i) requirements relating to temporary periods for investments, (ii) limitations on amounts
invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment
earnings to the United States. The City expects to satisfy the 18-month expenditure exemption
for gross proceeds of the Bonds as provided in Section 1.148-7(d)(I) of the Regulations. The
Mayor, the Clerk or either one of them, are hereby authorized and directed to make such
elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary,
appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall
be deemed and treated as, eleCtions of the City.
28. Designation of Oualified Tax-Exempt Obligations. In order to qualify the Bonds
as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the
City hereby makes the following factual statements and representations:
2187199vl
20
(a) the Bonds are issued after August 7, 1986;
(b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code;
(c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for
purposes of Section 265(b)(3) of the Code;
(d) the reasonably anticipated amount of tax-exempt obligations (other than private
activity bonds, treating qualified 501(c)(3) bonds as not being private activity
bonds) which will be issued by the City (and all entities treated as one issuer with
the City, and all subordinate entities whose obligations are treated as issued by the
City) during this calendar year 2008 will not exceed $10,000,000; and
(e) not more than $10,000,000 of obligations issued by the City during this calendar
year 2008 have been designated for purposes of Section 265(b )(3) of the Code.
The City shall use its best efforts to comply with any federal procedural requirements which may
apply in order to effectuate the designation made by this paragraph.
29. Severability. If any section, paragraph or provision of this resolution shall be held
to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section,
paragraph or provision shall not affect any of the remaining provisions of this resolution.
30. Headings. Headings in this resolution are included for convenience of reference
only and are not a part hereof, and shall not limit or define the meaning of any provision hereof.
2187199vl
21
The motion for the adoption of the foregoing resolution was duly seconded by member
and, after a full discussion thereof and upon a vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
Whereupon the resolution was declared duly passed and adopted.
Adopted: June 17, 2008
Approved:
Ken Harycki, Mayor
Attest:
Larry D. Hansen, Acting City Clerk
2187199vl
22
"
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF STILL WATER
I, the undersigned, being the duly qualified and acting City Clerk of the City of
Stillwater, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing
extract of minutes with the original thereof on file in my office, and that the same is a full, true
and complete transcript of the minutes of a meeting of the City Council, duly held on the date
therein indicated, insofar as the minutes relate to awarding the sale of $5,345,000 General
Obligation Tax Increment Bonds, Series 2008B.
WITNESS my hand on June 17,2008.
Acting City Clerk
21 87199vl
23
LIST OF BILLS
EXHIBIT" A" TO RESOLUTION #2008-80
Abbott Paint
Ace Hardware
Action Rental, Inc.
Air Down There
Armor Security Inc.
Aspen Mills
AT&T
Belle Services Corporation
Big Ink Inc.
Board of Water Commissioner
Braun Pump & Controls
Brock White Co. LLC
Buberl Black Dirt, Inc.
Carquest Auto Parts
Cintas Corporation #754
Ess Brothers & Sons Inc.
Fred's Tire Company
G & K Services
Galles Corporation
Goodin Company
Gopher Bearing
Gopher State One Call, Inc.
Greeder & Mondor Electric Co.
H & L Mesabi
Harycki, Kenneth
HD Supply Waterworks, Ltd.
Ice Skating Institute
Johnson Controls
LarsonAllen LLP
Loftier Companies, Inc.
Marine Services Inc. Max Todo
McMaster-Carr Supply Co.
Menards
Metropolitan Council
Minnesota Department of Health
MN Office Of Enterprise Technology
Municipal Code Corp.
Nextel
NXKEM PRODUCTS
Office Depot
Onvoy
Pioneer Press
pogge, Michel
Paint
Equipment Repair Supplies
Concrete/Lowell Flag Pole, Lawn Aerator
Dive Rescue Knife
Quarterly Monitoring Service/Teddy Bear Park
Uniform Shirts
Telephone
Graffiti Removal Supplies
Dasher Board
Materials Used at Lily Lake
Volume Blower, Cable Rack
Float, Trowel, Broom
Black Dirt
Equipment Repair Supplies
Work Uniforms
Bike Proof Grate, Sanitary Manholes
Tire Repair
Uniform Cleaning, Mats, Towels
Janitorial Supplies
Equipment Repair Supplies
Equipment Repair Supplies
May 2008 Billable Tickets
Electrical Work/Lift Station, PW
Carbide Blades
Reimburse for Taxi Cab Fare
24" HDPE Pipe for Storm Sewer repair
Achievement Patches
Wiring Repairs
Progress Billing for 2007 Year End Audit
Fiber Patch Cord, Network Support
Removal & Clean Up, Board Up/2 Properties
Fire Rated Louver
Equipment Repair Supplies
July 2008 Wastewater Charge
Hospitality Fee/Rec Center
May 2008 Wide Area Network Usage
Annual Code of Internet Fee
Cell Phone
Lubricant, Odor Eliminator
Office Supplies
Monthly Telephone
Newspaper Subscription
Reimburse for Web Hosting, Office Supplies
61.32
901.42
133.12
29.81
89.46
167.49
94.09
628.35
197.03
25.37
1,553.14
79.31
178.92
114.35
72.93
6,122.53
26.25
2,850.91
221.91
140.35
156.90
611.90
416.00
2,127.34
88.00
1,097.20
46.26
2,500.80
3,900.00
1,323.27
3,025.00
212.72
928.13
101,377.21
35.00
140.83
400.00
675.91
339.40
335.07
515.36
50.44
73.55
EXHIBIT" A" TO RESOLUTION #2008-80
R & R Specialties, Inc.
Riedell Shoes, Inc.
RiverTown Newspaper Group
Roettger, Dan
Roettger Welding, Inc.
Rotary Club of Stillwater
Signature Lighting, Inc.
Sky Walker Crane
Sprint PCS
St. Croix Boat & Packet Co.
St. Croix Events, Inc.
St. Croix Recreation Co.
St. Joseph Equipment
Stillwater Farm Store
Stillwater Towing
Stillwater Township
Sun Newspapers
SW /WC Service Cooperatives
T.A. Schifsky & Sons, Inc.
The 106 Group, Ltd.
Toll Gas & Welding Supply
Tower Asphalt
United Refridgeration, Inc.
United Rentals
Valley Trophy Inc.
Vermeer Sales and Service
Viking Industrial Center
Washington County Historical Society
Washington County Property Records
Washington County Road & Bridge
Washington County Taxpayer Services
Washington County Transportation
Wenck Associates, Inc.
Yocum Oil Company
Zack's Inc.
Ice Paint, Impeller, Towel
Skates for Resale/Returned Boot
Legal Proceedings
Refund of City License Fee
Welding
Membership Dues-2nd Quarter 2008
Streetlight Repair
Erect Flag Pole In Lowell Park
Cell Phone
May 2008 Services
Donation for 4th Fire Works
Cartridge
Equipment Repair Supplies
Chemicals
Shed Tow
2008 Annexation Payment
Publications
Retiree Health Insurance
Asphalt
Stillwater Public Education Program
Medium Acetylene
Application #1 Lily Lake Parking Lot/Driving Park
Replace Fan Motor
Equipment Repair Supplies
Door Signs
Radiator for Wood Chipper
Adhesive Vinyl Sign
Principle & Interest on GO CO Bond 2003 HS
TIF #9 & #10 Deletion & Additions
Traffic Signal Work
Teddy Bear Park 1st Half 2008 Property Taxes
Traffic Services
Lake McKusick Sediment Sampling
Fuel
Asphalt Remover Oil & Remover
Page 2
316.08
397.86
130.41
100.00
38.00
182.50
650.93
288.00
58.73
38,483.74
10,000.00
97.98
25.73
104.87
100.00
7,163.76
179.93
41,205.75
2,040.99
120.00
27.81
153,848.97
266.45
133.41
30.02
623.51
132.06
31,500.00
1,260.00
101.79
105.37
330.77
774.41
9,686.04
1,082.25
Minnesota Department of Public Safety
Alcohol and Gambling Enforcement Division
444 Cedar St-Suite 133
St. Paul, MN 55101-5133
(651)296-9519 Fax (651)297-5259 TTY (651)282-6555
(i
APPLICATION AND PERMIT
FOR A TEMPORARY ON-SALE LIQUOR LICENSE
~OO~ ~
~~;a . y - .
Will the applicant contract for intoxicating liquor services? H so, give the name aDd address of the liquor licensee providing the service.
As~nSlO~. Wa.( Ch~.CO.v';'es '~~ lnSL\.ftU\(.e. ~ {)(Cl.W\~"tO ~ 0lU ~
..l' V h . l + l!. t1'S~ CM ,2.7, ZQ>e,.
Will \~Wcan c~q~"bility 1D~~2'~~ the canier'~~ amount of coverage. ~I
(NOTE: Insurance is not mandatory.) t ..,. ....
APPROVAL
. APPLICA110N MUST BE APPROVED BY CrI'Y OR COVNTY BEFORE SUBMI1TING TO ALCOHOL'" GAMBLING ENFORCEMENT
CITY/COUNTY City of Stillwater DATE APPROVED
CITY FEE AMOUNT $25.00 per day LICENSE DATES
DATE FEE PAID
SIGNAnJRE CITY CLERK OR COUNTY OFFICIAL
APPROVED Alc0hoI & Gambling Enforcement Director
Note: Do DOt separate these two parts, lend both parts to dae address IIbove aad the origiDal siped by dais division
wDI be returaecl u the aa-. SubmIt to the city 01' County at least 30 days before the event.
PS-09079 (6t
Minnesota Department of Public Safety
Alcohol and Gambling Enforcement Division
444 Cedar St-Suite 133
St. Paul, MN 55101-5133
~OF~
~
(651)296-9519 Fax (651)297-5259 TTY (651)282-6555
APPLICATION AND PERMIT
FOR A TEMPORARY ON-SALE LIQUOR LICENSE
DATE ORGANIZED
Location where license will be used. If an outdoor area, describe
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Will the applicant contract for intoxicating liquor services? If so. give the name arid address of the liquor licensee providing the service.
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Will the applicant carry liquor liability insurance? If so, the carrier's name and amount of coverage.
(NOTE: Insurance is not mandatory.) "f. ~
APPROVAL
, APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMI'ITlNG 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 Counly at least 30 days before the event.
PS-09079 (6/
STAFF REQUEST ITEM
Department: St. Croix Valley Recreation Center Date: 06/12/08
DESCRIPTION OF REQUEST (Briefly outline what the request is)
I am requesting the authorization to purchase a water boiler for the Recreation
Center. The current boiler is beyond repair and is needed to produce good ice
quality.
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)
8,000 is the cost of a new boiler
Proposed funding is to move Capital Outlay money from:
$4,400 Lily Lake Furnaces
$3,300 Monitors Rec Ctr
$1,000 Louvers Lily Lake
ADDITIONAL INFORMATION ATTACHED Yes
No x
--
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK
A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY
SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE
COUNCIL MATERIAL PACKET.
I Submitted by: Douglas Brady
Date: 06/12/08
STAFF REQUEST ITEM
I Department: MIS
I Date: 06/12/08
DESCRIPTION OF REQUEST (Briefly outline what the request is)
Approval of new maintenance agreement for copiers. New agreement requires
no minimum number of copies.
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)
Quarterly maintenance will be based on .0086 per copy black and white and .059
for color based on only what we use.
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: 06/12/08
RESOLUTION 2008-81
APPROVAL OF MAINTENANCE AGREEMENT WITH
LOFFLER FOR CITY COPIERS
BE IT RESOLVED by the City Council of Stillwater, MN that the maintenance
agreement between the City of Stillwater and Loffler, as on file with the City
Clerk, are hereby approved and authorizes the Mayor to enter into and sign said
agreement.
Adopted by the Stillwater City Council this 1 th day of June, 2008
Ken Harycki, Mayor
ATTEST:
Diane F. Ward, City Clerk
LOFFLER
l1Ulr ?ar.' ~l~'::'l:: .\'H :1~dJ.::
f.,j~) q)L., i-.Jol/i('j . fri" ~~i(l _~,f:./;.'
MAINTENANCE AGREEMENT
Phone
651-430-8804
Cu~tomer#
Company
City of Stillwater
Address
216 North 4th Street
Address 2
Customer#
SUltel Ftoorl Dept
City
Stillwater
State
MN
State
Zip
Contact
Rose Holman
Phone
COVERAGE PERIOD
From 8-12-08
To one year
181 New
o Renewal
MAKE/NIODEL DESCRIPTION SERIAL NUMBER iD BEG1N METER
Konica Minolta bizhub C650 25831
Canon iR3045 22136
Canon 60201 19877
Canon 2270 22376
Canon 2270 19875
I
Canon iR600 19878
o Annual Rate $
181 Quarterly Rate S .{).
o MonthLy Rate S
o Addtl. Charge $
Supplies Included: jgl Yes 0 No
Staples Included: DYes 181 No
I ~ter Cllnt.el
B&W Copies Allowed
Color Copies Allowed
BftW Overage Charge S
Color Overage Charge S
aliW Copies Allowed .0.
Cotor Copies Allowed .{)-
B&W Overaie Charge $.0086
Color Overage Charge S. 059
8&W Copies Allowed
Color Copies Allowed
For
B&W OVeragE' Charge $
Color Overage Charve S
Black Toner 181 Color Toner 181
Software Upgrades 0 Yes 0 No
I ~ _ CP~orr"'_r""_
I file. D ~-- I toMlrillllllWsS
O".,~_r_
Spedallnstructions: Overages to be billed annually
Ven;ion 021 508
Ple.a~ carefully review the Terms and Condttions on the second page and provide a customer signature.
TERMS a CONDITIONS
Maintenance Services
During'''iheterm"'Of'this contract Loffler Companies, Inc will repair or replace according to the te-rrns of this
agreement any part or the equipment which become~ unserviceable <1uc to normal uSilge (other than consumable
~upp\ies, i.e. toner, faC:'$imile image ul'\its. dictation accessories), AU parts reptaced will be furnished on an
exchange basis and will bet n~....., recondition<?d. or used. Ail paf~ removed due to replacement will become the
property of Loffler Companies, Inc. Maintenance services provided by Lomer Companies. 10(. under lI"tis
agreement do not include the following:
A. Repair of damaga not cau~ed by v~l'ldor, including without limi tat iOI1 , damage resulting {rom accident.
transportation neglect or mislIse, failure or ttuctuation of electrical power. telephone eQuipment or
communic.ation lines (ai(ure, environmental conditions, or aCl~ of God.
S, Repairs made necessary because of serv;c.e that was provided by pe(sons other than vendor.
C. Exit tray~, copy c::tlbinet. rt:'movllble cassettes, or othe-r breakabte items that are not relate<! to the
mectlanicu.[ or elE'ctricat operation of the ~quipment.
D. Repairs and/or selVice calls resulting from attachments not purchased andJor approved by Loffler 8u~ines~
Systems.
f.t!:f.Q!!Jl~1t5ll1!a in tcnenc<? Sr:?fvices
Maintenance services will be provided at the customer's place of business where the e(luipment h. located during
regular business hours (8;00 a.m. - ~:OO p.m.) Monday through Friday. C)(ccpt ho\iday~. Prevontative mainten.:mce
may be performed in eO(ljur~ction with re~wlar emer~ent~' ~ervicc call~.
Cllarfle5
The maintenance charges for all maintenance a~feements. i.e. annuelly. quarterly, manthly, will be payablo by
the C!,.J~tomer in advance with the overages billed in ar(eal'S, The transfer of equipment ttom location lndicu.ted
on the filce hereor may re$ult in an increilse or rnilintenancc charB(?~ or the termination of this agreement. The
maintonance aErccment rates are subjec.t to chargQs at euch annual renewal periOd.
Customer Oblill.alion~
Customer agrees to provide a suitable plac.e for use (including suitable ctcctrk service) as specified by the
mallufacturer. Customer to provide 360 degree ~crvicc access to equipml?nt. Customer will provide a key ope rat 01'
for the equipment and make availuble operators for instruction in use and care o( the equfpmenL
limitations
Lamer Companic~, Inc.. shl:lll not be li~ble for failure to porform its obll~ations hereunder, and such (ailure to
perform shall not constitute a breach of this agr~ment when repair of the equipment i$ required as a result of
accident. misu~el use of supplies or accessories that do not meet manuractl,l:,er'$ $tandards, fire, flood, or ott!l'r
adverse conditions damaging the equipment at customer's premises. Loftler CompQnic~, inc. shl:llt not be liable
for delay or fail~Jre to perfol'ln under this agreement for callsc~ beyo"'ld its reasonable! controt for the period of
tima that such causes are el'lduring. Additionally, Loffler Companies, Inc. shalt not be responsible or liable for any
circumstances occt.lrrina due to the failure of any equipme~t or accessories covered under this agreement.
Term
This agreem~nt will become efr~ctiv{' CIS of the offective date indicated on the reverse side. This agreement win
be automatically renewed at the prevailing rates at the time of renewallSnless ca.n~eted in writing thirty (30)
days prior to the expiration of the agreement. LoHler Companies. Inc. may terminate this llRrectnetlt upon
writterl notice prior to any renewals.
Entire A!!reementl AP.P.U~Slbte~
TI\is agreement constitutes the entire agreement between loffler Companies, Inc. and the custom<!r and
supersedes ally previous agreements between lomer Companies, Inc:. and the custom~r with respec:t to service~
to the equipment. This aBreement shilll be' interpreted and continued in accordance with the law of the State of
Minnesota and the? pilrties hereby consent to the personal jurisdiction of any state or federal court hl'l'liI\Q
appropriate subjec.t mattt>r jurisdiction toeated within the State of Minnesota.
Custom~r Signature X
Print Customer Name
Loffler CompMies RepresentCllive _...._,_..._..,_..._._._m.m._.m......_...__ Loffler Companies Acceptance Date
loffler Companies Officer Approval
Signature
Timo
Dilte
STAFF REQUEST ITEM
I Department: Parks
I Date: 6-13-08
DESCRIPTION OF REQUEST (Briefly outline what the request is)
Request to purchase and install a new play structure for Sunrise Park.
Park Board approved purchase at their May 27, 2008 meeting.
FINANCIAL IMPACT (Briefly outline the costs, ifany, that are associated with
this request and the proposed source of the funds needed to fund the request)
Two quotes were received with the lowest quote from St. Croix Recreation for
$29,998.99 using 2008 Capital Outlay Park Improvements fund.
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.
I Submitted by: ~
I Date: {,- t )-0 s'
St. Croix Recreation Company, Inc.
225 N. Second Street e-mail stcroixjj@mcleodusa.net
Stillwater, MN 55082 website www.stcroixrec.com
(651)430-1247 Fax (651)430-9231
Quote
Sunrise Park
Attn: Tim Thomsem
Date 3/27/2008
Contact
Project
Phone # 275-4102
Fax
In compliance with your request of March 19, 2008 for a price quotation on
playground equipment supplied by Krauss Craft, we submit the following:
No. Item No. Description Unit Price Extended
1 PR# 0324817A Custom 5" O.D. Post 5-12 Year Old System $ 22,987.00 $22,987.00
Discount ($2,168.00)
Quotation in effect until April 30, 2008 Sub Total $20,819.00
We quote F .O.B. Stillwater, MN Shipping & Handling $ 1,950.00
Shipment can be made in 4-6 weeks! Sales Tax $1,479.99
Terms are Net 30 Days! Installation $ 5,750.00
I I I I I I I Total $29,998.99
Purchase order should be made out ot St. Croix Recreation Co. Inc.
Send the order to the above address or fax, thereby authorizing shipment and
acceptance of the terms.
Please include Bill To:, Ship To:, and tax exempt # if applicable.
By
Johnnie Johnsen
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'QUOTE
Page:
Earl F. Andersen
QUOTE TO:
ENTERED BY:
QUOTE NUMBER:
QUOTE DATE:
KIM
OO~ J 82
. 4/22/2008
Post-.it" Fax Note:
To
7671
~
SHIP TO:
SUNRISE PARK
STll..LWATER, MN 55082
'~;'rI.'.~. _,
,~)
1.00
lTEMNO. DESCRIPTION
PLAYOROUNDPLAYBOOSmRPLAY EQUIPMENT
AND 4 PLACE SWING SET .
DESIGN #24640~1-1..
PRICE EACH
. EXT. PRICE
~4,I34.00 .
qTY
. 24,134.00..
1.00
lNSTALLEQUlP. ASSEMBLY ANDINSTALLA1l0N
OF PLAY BQ~MENT
INCLUDES CONCRETE FOR FOOTINGS
5,531.00
S,S31.qo
"'PRICES INCLUDES ALL APPLICABLE TAXES
.NOTE: Thl8 Cluotation is "alid for 3U da"L Please call for confirmation after that date. Prices are NOT based on SUBTOTAL:
prevailing wages. SHJPPING.& HANDLlNG:
SALES TAX:
TOTAL:
D.lSCl:AIMER FOR UNKNOWN COt{mTIONS: The tbllowing dilich.imcr appliclllll1ly when installation is quu~d
lhis qllOlll.t,ion is based on the area being free: or air debris such IL'l but IIOllimiled U> the fulluwing .Concn:~ fuotings ur
blocks of any type. *l3l:idrock or m~ conditions ot' any type -Tree stumps, Ilccs. cans. boUlCll, metal or lIIlY olber debm
.Utilities requiring uny holes to be dug by hand -) r area is Dot atCaiIlihlc to a bobcat and other IlqQipmcnt III:CI:liSary for
instolhwan, *lfwater exislli in site area gr tOotings I1f\crthc:y.arc dug .Or any other \II1known conditions Dot listed or "isible
29,665.00
335.00
0.00
30,000.00
F.Q.B: FAcrORY
S~pmlmt "pprox. 3-4 weeks upon receipt of order and subject to credit approval
Do you require a 24-hour delivery notice? 0 Yes 0 No
TERMS: NET 30 DAYS
Approved by: Signed by. .
CON'ffiACTOR TO CONFIRM ALL QUANTniES Date BILJ...BACll.
9701 Penn Ave S, #100. Bloomington, MN 55431- Phone: 952-884-7300 - lw800-862-6026 - Fax: 952~884-S619
www.efa-mn.com - ermail: parkandrecinfo@efa.mn.com OR tntfficinfo@efa-mn.c:om ~/.,~/,i 4
EOElAA,
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VOOI 100 .d
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STAFF REQUEST ITEM
I Department: Parks
I Date: June 12,2008
DESCRIPTION OF REQUEST (Briefly outline what the request is)
Request to replace chain link fence and top rail at Lily Lake ballfield
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)
Three quotes received with lowest quote from McBroom Construction Co.
Total quote $14,119.00
Budgeted under 2008 capital outlay park improvements, 2008.
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.
I Submitted by: .~
I Date: 6-l3-o~
McBROOM CONSTRUCTION CO., INC ;1
21 1ST Ave. S.W. s~i~~~~LDERS
NEW LONDON, MN. 56273 MEMBER>'~9CIA:rl0N
PHONE (800) 648-9519 (320) 354-5454 FAX (320) 354-5758 ~;;
EMAIL: mcbroom-Iyle@tds.net V ,>
PROPOSAL # CL2408
SUBMITTED TO
STREET
CITY, STATE, ZIP
ATTENTION '.
City of Stillwater
216 N 4th Street
Stillwater, Mn 55082
Mr. Tim Thomsen
PHONE (651) 275-4102
FAX (651) 430-8809
CELL (651) 470-7839
JOB NAME 2008 Lily Park Fence
1) Remove an estimated 850' of 8' high and 40' of 10' high chain link fabric
2) Remove an replace an estimated 20' of top rail.
3) Furnish and install new 9 gauge fence fabric to an estimated 850' of 8' and 40'
of 10' high.
4) Dispose of removed fence fabric.
Note: Add $619.00 to furnish and install new 7-ga bottom tension wire before new
fabric is installed.
Labor and Materials $
13,500.00
NOTE:
Work to be done is to be reviewed and approved by owner prior to start of work.
All restoration, seed/sod is to be done by others,
Due to steel price increases our materials will have to be re-quoted after 15 days.
Thank you for the opportunity to quote you on this project.
We propose hereby to furnish material and labor - complete in accordance with the above specifications, for the sum of
Thirteen Thousand Five Hundred Dollars & 00/100-------------------- Dollars ( $ ) 13,500,00
Pa,~''''t to be made '" foll...,: M~t.~als 20 d~O days from dellvel)'
Authorized Signature ~ ~ 1'JJ. - Date 4/18/2008
Acceptance of Proposal
Date
Tins proposal may be withdrawn by us if not accepted within
15 days.
All material is guaranteed to be as specified, And to be completed in a workmanlike manner according to standard practices.
Any alteration or deviation from specifications involving extra costs will be executed only upon written orders, and will become an extra
charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire,
tomado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance.
Quality Builders of Athletic Facilities Since 1970
FRQM : TPPLE RIVER FENCING INC
FAX NO. : 7152475718
Apr. 16 2008 08:45AM P3
749 220th Avenue
Somerset, W/54025
Office (715) 247.5718
Email: dave@acyclonefence.com
I Proposal Da~.~lYt -]es Pho~~s7... ;}7.S".:.c.uth~. . 'nstatied
Order Date - ._.... Bus Phone _ . .._.._ a Set Posts Only
Fax .. _._... _ Cl Materials Only
~ ~~~~ M;f& <;;f ~ .~ JobSioo ...
CitylStatelZip sf;! J wJ.er; /.f.1v, tr"s-o~._ Contact SeD tr OV'.
W Cyclone
r Fence
FENCE PROPOSAL
(Hereinafter Contractor)
Rent CJ
Permit 0
J.~
Materials Size Type Conditions Conditions Yes No Tools Yes No
~. ... '.
Fabric Picket Spacing -.'.-- Good Side In 0 Jack Hammer 0 Cl
Top Rail .M.tJso Scallop Depth Haul Old Fence 0 Post Puller 0 0
Una Post I. ;;l!7i1 = -- Terrain -'.- 0 Buggy 0 0
Term Post 3 .3i1- :-... Cono/Break Trim Shrubs 0 Chain Saw 0 0
Gale Post -',.-
Walk Gate Cables Sprinkler Sys 0 Other
-..-
Drive Gate
Footings
Pickets
~-z~~ ~~
Rails
Posts
Nalls
~ NewC.L.
- - - Exist Fence
7) ) ) ) ) Shrubs
83 Utility Box
Notes
-_._~.~
- J)~f~!:r;J~j .,-.
.---~-~r
"-'- --.-
Discount Total Cost $ .___
3O%Down$ _._ '
Balance Due $ ___
Cyclone Fencing Sy ._=-J
~J.ilf ._.uJIi ~iJT, rl !l!!..L::::::;.~,\.tIJr ~.-;:_._,''1Il16J!n n.,~ .~_" OJ... .,-- " ." _..._,.. .,. _..
FRE:EOQM FENCE
" COMMERCFAL. RES&DENTiAL .
, CHAiNL!NK ~ 'VINYL · WOOD ~
e REPAiRS . SPECIALIZED KENNELS,
(763) 286-1213
Estimate
Customer: s+..n WC.l..\.U -PC( i k'S
Address: VII'I 1-..4 kt.. fro Jh.+
( Sce++- J
Phone: ~5 J - ~ 7 S - 4 /0 ~
Date: '-I lIef Jo g- .
,
Fence Diagram !<e,/aI1r"
o 11 ga. 1)19 ga. !Xi Other (p,
't~ ro'
'It
1.......-= -:;::;- /" ~ ........
ff!'" ~ " ~
'\ ..... I, I
.\ / .. '(r II-
J- ,~ "- / J1J · If {f-
'6' 1'\ l/
V . /
~~ ~~ o.....j ,j 4;0 i H-
I 10
\()~ " 1- , .J" '
\ I\.
""". ,.-
J
).Q ;;'6' .:lo
~Chain Link 0 Cedar 0 Vinyl
.~:t*;;:~;;~A;;~.
,:13'.-"'.
i:~~lfJ!t;. ,
04' 05' 06' ~Other$' ID'
Job Specifications:
i (\ 130 ++tHf'I t{'1.,L.
l.V{tL
'8" I till~ t l> I
tJ...1,dl(
e A.1',: S
~e i') C\.'\d
Lt.+-
M j 'J-cU -e. Q." .
..rrc..Wli '
u. ,!r.
khv) ((?'t.7\
.o!.t0 J..
.r'('l 81 1l,',A /,v,'H, r:.-, if;ol,'JJlf
(:),,+-1-<; WI (La: \ ss ~(D
Add (h D f Ie f{u. "/ t',... 6t< ( ~ $I-,\f'
Initial
Freedom Fence receives half down after posts are set then other half on completion.
I understand the estimates. If change price will change.
Signature
'1/ _ )-'-"'0 ()O
Total O"LQ I WI..' - .
I
-.
...-.... f4
. r)tillwater"
........~~-,
---- . ,
THE BiRTHPl^';E Of MINNf,O A J
STANDARD CONTRACT AGREEMENT
THIS AGREEMENT, is made this day of ,2008 by and between
the City of Stillwater, Washington County, Minnesota (hereinafter called the "City") The Outdoor
Specialists, LLC. (hereinafter called "Contractor").
1. The Work. The Contractor agrees to perform Part A - Mowing and Part B - Cleaning of Trash
and Debris ofthe 2008-2009 Annual Contract for Mowing and Clean Up Services according to
the documents provided by the City dated June 5, 2008. All work will be done in a workman-
like manner and materials will be fit for the purpose. Work must be completed according to the
Bid Form, General Requirements, General Conditions, and Specifications for the project.
2. Payment. This work, including all labor, materials and equipment needed to accomplish the
2008-2009 Annual Contract for Mowing and Clean Up Services shall be completed by the
Contractor for the unit prices shown on the attached proposal form to be paid to the contractor
upon satisfactory completion and acceptance.
3. Waiver of Liability. It is further agreed that this work is undertaken at the sole risk of the
Contractor. The Contractor does expressly forever release the City of Stillwater from any
claims, demands, injuries, damage actions or caused of action whatsoever, arising out of or
connected with the work according to the General Requirements, General Conditions, and
Specifications for the project.
4. Indemnification. Any and all claims that arise or may arise against the Contractor, its agents,
servants or employees, as a consequence of any action or omission on the part of the Contractor
while engaged in the performance of this work shall in no way be the obligation or responsibility
of the City. The Contractor shall indemnify, hold harmless and defend the city, its officers and
employees, against any and all liability, loss cost damages, expenses, claims or actions, including
attorneys fee which the City, its officers or employees may hereinafter sustain, incur or be
required to pay, arising out of or by any reason of any act or omission of the Contractor, its
agents, servants or employees in the execution, performance or failure to adequately perform
their obligations under this contract.
5. Insurance. Contractor agrees that in order to protect itself and the City under indemnity
provisions set forth above, it will at all times during the term of this contract, keep in force
policies of insurance as indicated in this contract. The Contractor shall not commence work until
a Certificate ofInsurance covering all of the insurance required by these specifications is
approved and a Notice to Proceed is issued by the City Engineer.
The insurance protection will have the following limits:
A. Comprehensive General Liability:
(1) Bodily Injury (including completed operations and products liability).
$500,000 Each Occurrence
$1,000,000 Annual Aggregate
,
-. ...
(2)
Property Damage Liability Insurance will provide Explosion, Collapse and
Underground coverages where applicable.
Personal Injury, with employment exclusion deleted: $1,000,000 Annual
Aggregate
(3)
B. Comprehensive Automobile Liability:
(1) Bodily Injury: $500,000 Each Person and $1,000,000 Each Occurrence
(2) Property Damage: $100,000 Each Occurrence
C. Worker's Compensation Coverage
6. Completion Date. Completion of work related to the 2008-2009 Annual Contract for Mowing
and Clean Up Services must be done according to the terms ofthe project's General
Requirements, General Conditions, and Specifications.
IN WITNESS WHEREOF, the parties have set their hands this _ day of
,2008.
CITY OF STILLWATER By:
Ken Harycki, Mayor
By:
Diane F. Ward, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this of
Ken Harycki, Mayor and Diane F. Ward, City Clerk for the City of Stillwater.
, 2008 by
Notary Public
Commission Expires:
Commissioned At:
/ /
CONTRACTOR
By:
Title:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ of
, its
, 2008 by
for
Notary Public
Commission Expires:
Commissioned At:
/ /
"
. -, f>'._.
ACCEPTING BID AND AUTHORIZING CONTRACT FOR THE
2008-2009 ANNUAL CONTRACT FOR MOWING AND CLEAN UP SERVICES
WHEREAS, pursuant to a request for bids for the 2008-2009 Annual Contract for
Mowing and Clean Up Services, the following bids were received,
Item
Contractor: The Outdoor A-1 Maintenance Inc. Max Todo
Specialists
Boarding and Securing Property (/opening)
Securing Property (/opening)
- $
- $
64,05 $
64.05 $
105.00
120.00
and
WHEREAS, it appears that The Outdoor Specialist is the lowest responsible bidder for
Part A Mowing and Part B Cleaning of Trash and Debris, and A-1 Maintenance Inc, is the
lowest bidder for Part C Securing Property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
STILLWATER, MINNESOTA:
1. The Mayor and Clerk are hereby authorized and directed to enter into a contract
with The Outdoor Specialist and A-1 Maintenance Inc. in the name of the City of
Stillwater the 2008-2009 Annual Contract for Mowing and Clean Up Services, on
file in the office of the City Clerk.
Adopted by the City Council this 17th day of June, 2008.
Ken Harycki, Mayor
ATTEST:
Diane F. Ward, City Clerk
311
913
909
522'512502
VEST
819 501
1 r" is .pp_ ]024 2 9 ]024 1D23
VEST V1, SMUT 1022��I�105 "- 1020 ]02Q 1023
1016 101'3 101 sn
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MED 1pp7 .. 1012 m a N, 1' SF ti - 4Ir 1011 ...,, MI6 1022 .1 1012 1011 1012 4 .
yr 1006 `1 10D4 1007 r-- + 1005
n 1004 100EMal 10a3 1 1008 ]003 `d' ]OD •�� ,,,,,
"761 Path STREET VEST I. U! ]filar -a �T ASPER STREET
924 49'? 924 923
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724
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716 z 715 r r n ' ' 716 715
2008 SIDEWALK REHABILITATION PROJECT
DOWNTOWN AND NORTH HILL AREAS
rr 14111404 1"
1411 0 1.V u] in 0 w : v 4 }j.4� 413 r" r1 _.. 1V
R� o q1 'J 407 ggq¢ g .ram •'1322 517 u� n Y Y v + 322 M i4 R1 N �u 1402 ..{
il1315 1318 VEST SYCW4RE STREET St
G
1 'A 1313 310 R 1311 1314 523 N r) cn Y Y 1322 1319 313 303209 fe1
,o o rr 1316 1313
1309 1306 1 '� '� m 1307 304 210 ▪ EAS Si CRDI11[ AVENUE
FF 314 1224 _. 1224 1220 1221 s
*A.6.. VEST ST CRIII AVEN.E S}B + T 13D3 30D 216 3 1218 �+ 203 !219 122Q
�1218 122E 1222 VEST ST CRBD[ AVE11t1E 1214 1213 1221
1203 ?IB 507 v1n r p N 14^ 1212 1214
1216 ; 1212 1219 403 1P1 315309 215 m M 1206 ''1, ¢J74 1209 12i7 1208
42f yr. 411 [u SiQ- �..
106 in. 204 214 1203 1204
l 1212 s r 1214 2Q7m Y o + a r VEST STILLVA1FR CAST STILLWATER AVUAIE
l2•]8 n1 w 416 n1 n1 120fi
ui +� * 1204 120Em .+ m ru [u n1 1 21i 1124 1121 �yy
VATE4 FVE &E VEST STTLLVATER AVENUE [�.1 � 1120 i11• ®. 1117 211 ^ grf 1122 11E2 1117
,07
I s `1315
1120 $" _ 1118 ,1,F 1116
1120 _m Y m bi {112 106 i1i2 1111 3112 y 3197 1110
1119 1114
., 120 1106 1101 1104 5 1103 324 1101
1104 5 a+ 6111 alE§ n 6 [� ,n c N o 8 VEST VILxl}S STREET EAST VIIILINS STREET 4
EFST SYCA14 ( ST ' 141d,. SYCA11 wskg01
1320 1319 1324 1323 me
_., r. 1320 1317
ifFK`U
202 1304 1305 324 1303
1106
28
900
703
tom
^
120OM n gg
t•- 6E1;73 816
014 912
ht N o w
804 ru n n n� nr 622� 602
^ 602
:%;T vv 1T1C70T0Y TRELT
706 1'
°'704
n15 618
2 804
Iflck T
724 423 724 s7 m 715 m
720 ru
722 `T$ n � 61.4604 y]yl �' g
KYLE S TREE
^�r`nn�aa� 4'rnn1`Jri
5114 5Q9
505
424 423
i12
41i8
116 404 403 4013
VEST
v 317 75a
17 312 315
n n n p
518 515
518 306
411 591
512 _
415
RO
a 60, 522'4 505. H
VEST LAUREL
60151 `~ 515g5D1
520
420 424 423
420 419
416 415
N
409 410 407 41 t'
g 401 404 7E6 711
UMEN
13 310 s 311 312
07 305 30E1
103 302 - 301 304
VEST
33 236
h31
h25
19
!la
:03
230
218
214
210
206
ea.;
VEST
125 119 126
117 120
113 115 115 110
11 112
018 104 101 B2a90B
VEST MYRTIE STREET
1013 1011 iii��� o.
TOR s
1
225
221
215
i1 211
205
905
815 316 711 703R
311 308 EA N , Y
w
MABERRY
234
817
225
922
920
918
910
236 1.1 235
228
216
115 114
226 p
220 •'
214 213 214
210 211
202 2"IL 234
RICE STREET
125 126 12l 124
■ILS ik8 1, 12a
114 i
109
117 118 121
014 126 12.5 122 125
104
813
110
105 206.4 206 920 g
225 226
222
919 915 921 920 921 921 921 929 €1
I
2 r e 404 P 3I0 306 214 `A § 903 T;
s:
E1.X STREET •.0 STREET
✓ Y r 2 321313 920 ,'13211320 821
813 C 845 8� 806 809
m r ru B06 807 804 8E15
inm 1^y BOS 204 722 7,,
7 711
1
904 6
630
.:; 0
6c�
719 720 720 713 n�. 11!•
715 71N n, F.4.
19i 703
om,"•-'� 324116 18N1' •.v:'-����N� Snr52i SSB 210
YT51 619 622
618 613 t, fJSt
419 409 P 626 615 61Q104
616 625 614 609 606
6i1 605 51°1 516
ei.�iiilf��'r m32Ei� 61Q si 604 1T 107
�r rr �'1 [•1 1ns� z 222 Los:
:a
SIREEI qq;; 6a2 V13 515 '' 110
R�: 15 209 118p510SRI 3 Slime
518 2 212 204 W f!S ■2
231P23-0
Clj 219
218 218
a209 2i0 m , 210 j
2n8
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417
y16 :
119
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�e,S -y 06
AQB 49l
ST}EI !
30l 4 �._- 323 - -
SS1V� 313 316
424 4205
STREET
,t 407 327
614 • .l"!tl_
415 216
205
129
123 126
rv1 EE= rr
115 116
1'79 110
11U 104
229 220
224
ah.�^ • to
114
604
$ 517
An 114
610
111
225
219 216
209 212
207 208 ru 413 410
POI 202
RICE STREET
125 126 116
121 122
516
115
224
215
112 115
1.06
104 2 424
u: 3S r S .a
NOTE:
PROJECT ALSO INCLUDES SIDEWALK NOT SHOWN
AT 1014 SOUTH GREELEY, WASHINGTON PARK,
AND LILY LAKE PARK
105
o Cr.
NE. n n
crpEET
.451 L324 v` •' 1 3 3 0 3 0SY
217 3211 a 302,
31.4 ��304'i, f1S1
30yY. 231
30d ;..w,,.
0_0r 223 219
224 2,5 to
215 2fl
,h5t
43"
115
902
5!
1E
0R0 913
•
A_ Li
650
g
232
212 �2' �•�
4'201' VfljlIt i•h
214 .1 [a N�;'. t� 1;
216
va 123 N:hY'h"" 1D3 . 4
111 �,!
Ea} 1$o9 n•Y t27j4 1H�
1513
422
422
197 :•i ' fAyi110 113 0 35
4 102 5 201 C l08` - 'r or(
114 � ' 216 ]CC '� 00.6 v^S ir.lpp- m
St 110�,1'.19 t 2OD yR 1.0 ST ' 1Q,
2 i2 �nyf { oCS -' Y yrq, ' `t
�' T y4. 2n l23 150 106 : H 23 yA fi S ,�..
301 221 120 C 5 A W 214 <
121 , Si
315 9
102 `% 220 2D8 �St1411 204 0 107 �3 y3
t t A �,� 341 W
19PI 121 118 225 205 114 22185 275 sl. S fr rn 317 L 305
122 l�yE 2p1 208 Tan % E 1-VC" 30 3E1
32B a°,4 p7 206 11A 341 a 302 s61 /11I
�> y1l 220 226 5 302 ‘30-s A•�
131' c 212 4 318 306 a,1gt 117 310 1../1 3Q4 vs. Z.!'1I,
W4, N
406 4E51 219 24' 3j.
3E0 40e
y ■
..� W inn 31. .�118 .3.4cSSr
207
a' .02 419
0 300 600
22:
1200
cY'ei I=
IN
FEET
EYE ■1S1YE1■EE IF Y1
, -
~~-
102 2nd St N 10 4 40
301 2nd St N 10 5 50 8 1 8
1005 2nd St N 2 5 10
1124 2nd St N 6 5 30
1206 2nd St N 5 4 20
1302 2nd St N 24 4 96
1310 2nd St N 5 4 20
308 3rd St N 10 6 60
415 3rd St N 32 6 192
402 4th St N 5 4 20
420 4th St N 4 5 20
626 4th St N 10 4 40
703 4th St N 27 6 162
709 4th St N 55 6 330
713 4th St N 75 6 450
1121 4th St N 12 5 60
108 5th St, S. 10 5 50
222 Cherry 55 6 330
451 Everett 2 6 12
515 Everett 15 4 60
810 Everett 18 5 90
106 Greeley 8 4 32
1014 Greeley 10 5 50
117 Greeley 25 5 125
104 Greeley St. S. 11 8 88
104 Greeley St. S. 6 5 30
102 Harriet 6 5 30
233 Harriet 20 5 100
302 Hickory 8 6 48
406 Hickory 20 5 100
422 Hickory 15 4 60
615 Hickory 15 5 75
221 Laurel 24 6 144
115 Linden 10 6 60
120 Linden 15 5 75
704 Linden 20 6 120
270 Main 4 4 16
410 Main 10 4 40
221 Main N 12 1 12
350 Main St 10 4 40
101 Main St N 2 6 12
319 Main St N 3 5 15
319 Main St N 5 2 10
326 Main St S 2 6 12
. .
326 Main St S 8 4 32
423 Main St S 8 4 32
315 Maple 32 5 160
238 Martha 10 5 50
702 Martha 37 4 148
406 Mulberry 8 5 40
422 Mulberry 15 5 75
507 Mulberry 5 5 25
413 Nelson 4 5 20
107 Owens 8 4 32
119 Owens 8 4 32
416 Owens 4 4 16
813 Owens 4 4 16
905 Owens 10 5 50
917 Owens 10 5 50
918 Owens 4 4 16
927 Owens 10 5 50
1001 Owens 10 5 50
1119 Owens 10 5 50
409 Wilkins 37 6 222
505 Wilkins 10 5 50
North 2 2 4
Brick Alley 4 2 8 2 4 8
?\l$, Mulberry 5 5 25
Parks Building 8 8 64
P Churchill/Greeley 8 3 24 1
. ,~ 32 5 160
~k Park (at CBs) 24 4 96
Total 971 341 5011 38 1
Although Stillwater has experienced a recent increase in foreclosures, city officials report
that a very minimal percentage of the housing stock has been affected. Due in part to
annexation, population has increased in recent years: the 2006 estimated population of 17,781
was 17% greater than the 2000 population. Socioeconomic indices exceed state and national
medians~
WELL-MANAGED FINANCIAL OPERATIONS EXPECTED TO CONTINUE
Moody's expects the city's satisfactory financial operations to be maintained given
conservative management and ample reserves. The General Fund balance has grown steadily on a
nominal basis in recent years, keeping pace with the overall growth in the General Fund
budget. The fiscal 2006 General Fund balance equaled $3.8 million, which represents an
increase from $3.1 million in fiscal 2003. Despite the absence of a formal fund balance
policy, well managed operations are evidenced by the fact that the General Fund balance
consistently equals 35% to 38% of General Fund revenues. Although audited financial results
are not yet available, officials report that the General Fund posted essentially balanced
results in fiscal 2007. Management projects balanced General Fund operations in fiscal 2008
as well.
The city's primary revenue source is property taxes, which comprised 54% of General Fund
revenues in fiscal 2006. Property tax levy limits have recently been imposed for Minnesota
local governments for the next three years. Tax levy increases will be limited to 3.9%
annually, plus new growth, with exemptions for certain expenditures, including public safety
salaries and benefits. To adjust, officials report that expenditure increases will be limited
wherever possible. Favorably, city officials project an increase in Local Government Aid from
the State of Minnesota in fiscal 2009 which should help offset revenue limitations posed by
the levy limits.
MANAGEABLE DEBT BURDEN WITH LIMITED FUTURE BORROWING PLANS
Moody's believes the city's debt burden will remain affordable due to expectations of
continued tax base growth and limited future borrowing plans.
At 1.4% and 2.4%, respectively, the city's direct and overall debt burdens both approximate
state and national medians. The rate of principal amortization also approximates state and
national averages, with 69% of all debt retired in ten years. Minnesota cities benefit from
the state's statutory requirement to levy 105% of the annual debt service levy for tax-backed
general obligation debt, providing excess revenues to offset property tax delinquencies.
Future debt plans include continuing to issue approximately
$1.4 million in general obligation bonds each January or February to finance annual capital
outlay projects.
KEY STATISTICS
2000 census population: 15,143 (a 9% increase from 1990)
2006 estimated population: 17,781 (a 17% increase from 2000)
2007 full value: $2.4 billion
.
~
.2007 full value per capita: $137,716
1999 per capita income: $27,163 (126% of US)
1999 median family income: $72,188 (144% of US)
2000 median home value: $156,200 (131% of US)
2
Fiscal 2006 General Fund balance: $3.S million (3S% of General Fund revenues)
Direct debt burden: 1.4%
Overall debt burden: 2.4%
Principal amortization (10 years): 69%
Post-sale general obligation debt outstanding: $35.0 million
ANALYSTS:
Rachel Cortez, Analyst, Public Finance Group, Moody's Investors Service Molly Shellhorn,
Backup Analyst, Public Finance Group, Moody's Investors Service
CONTACTS:
Journalists: (212) 553-0376
Research Clients: (212) 553-1653
Copyright 200S, Moody's Investors Service, Inc. and/or its licensors and affiliates including
Moody's Assurance Company, Inc. (together, "MOODY'S").
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may consider purchasing, holding or selling. MOODY'S hereby discloses that most issuers of
debt securities (including corporate and municipal bonds, debentures, notes and commercial
paper) and preferred stock rated by MOODY'S have, prior to assignment of any rating, agreed
to pay to MOODY'S for appraisal and rating services rendered by it fees ranging from $1,500
3
,
to $2,400,000. Moody's Corporation (MCO) and its wholly-owned credit rating agency
subsidiary, Moody's Investors Service (MIS), also maintain policies and procedures to address
the independence of MIS's ratings and rating processes. Information regarding certain
affiliations that may exist between directors of MCO and rated entities, and between entities
who hold ratings from MIS and have also publicly reported to the SEC an ownership interest in
MCO of more than 5%, is posted annually on Moody's website at www.moodys.com under the
heading "Shareholder Relations - Corporate Governance - Director and Shareholder Affiliation
Policy."
Moody's Investors Service pty Limited does not hold an Australian financial services licence
under the Corporations Act. This credit rating opinion has been prepared without taking into
account any of your objectives, financial situation or needs. You should, before acting on
the opinion, consider the appropriateness of the opinion having regard to your own
objectives, financial situation and needs.
4
"
~~,
June 9, 2008
RE: 2008 Street Improvement Project
Dear Resident:
On June 3rd City Council awarded the bid for the 2008 Street Improvement Project to
Miller Excavating, Inc. The awarded bid was about 10% above the engineer's estimate,
due primarily to recent increase in asphalt prices. In an effort to keep the project within
budget Council authorized the removal of Locust Street and Oak Street between 4th Street
and 5th Street from the project. We will be working with the contractor to implement
other cost saving measures on the remainder of the project.
The contractor anticipates beginning work in about two weeks. An informational
meeting on the construction portion of the project will be held on:
Thursday June 19, 2008 at 7:00 pm in the Police and Fire Training Room on
the 1 st floor (beneath the Council Chambers)
The contractor's phasing plan will be presented at the meeting.
Access to driveways will be restricted for periods of time during the contractor's working
hours. The contractor's working hours are from Monday through Friday 7 AM to 7PM.
The contractor will conduct operations in a manner that minimizes access disruption as
much as possible. Residents can anticipate gravel access to their driveways at times
outside ofthe contractor's working hours.
Mail and trash service will continue regularly throughout construction. Xcel gas will be
replacing gas mains on 6th Street (south of Pine) and at the intersection of 5th Street and
Olive Street. Xcel will be contacting any homeowners who will experience short term
service disruption. If you experience disruption of any other utility service contact the
appropriate utility company and AssistaniCity Engineer Torry Kraftson (430-8831).
Please do not park in work areas during the contractor's working hours. If you need
immediate access to your driveway during construction, please call engineering
technician John Jurek at 651-492-4898. Please contact Torry Kraftson by email
(tkraftson@ci.stillwater.mn.us) or phone (430-8831) to let me know if you have a
sprinkler system or underground dog fence in the vicinity of the right of way. We will
ask you to mark them as well as possible before the contractor begins work in the area.
CITY HALL: 216 NORTH FOURTH STREET · STillWATER, MINNESOTA 55082
PHONE: 651-430-8800 · WEBSITE: www.cLstillwater.mn.us
If you are unable to attend the neighborhood meeting you can call me at 430-8831 or
email tkraftson@ci.stillwater.mn.us with any questions you might have. Construction
updates will be provided throughout the project on the City's website
(www.ci.stillwater.mn.us)by clicking on City Departments, then Engineering, and then
Construction Projects. We would also to like to have as many residents as possible on
our project email distribution list for the purpose of being able to send out quick updates
on various items that may come up during construction. You are on our list if you
provided an email address at either ofthe previous neighborhood meetings. To be added
to the list, please email BethWolfatbwolf@ci.stillwater.mn.us.
Please drive safely and cautiously in all construction zones this summer. We appreciate
your patience and cooperation throughout the project.
Sincerely,
~1~
Torry Kraftson, PE
Assistant City Engineer
STILL W A TE.R FU5LIC LI5RARY
22+ N. Third St.
Stillwater MN "082..+806
6, 1. 275.+Y~8 FAX 651.275.+~+2
Board of Trustees Meeting Agenda
Tuesday, June 10, 2008, 7 P.M.
1. Call to Order
2. Adoption of the Agenda
3. Communications and Public Commentary
4. Consent Calendar
A. Adoption of Minutes+
B. Payment of Bills
C. Monthly Activity Report +
D. Other Activity Reports+
E. Director and Other Staff Reports+
F. Financial Report - May 2008*
G. Policy Review
A+
I
A
5. Library Foundation News
D
6. 2009 Budget Request
A+
7. Event Space Coordinator
A+
8. Coffeeshop
A+
9. Lumberjack Days Parking for Fee
A+
10. Committee Reports
a. A V Task Force
b. Marketing+
c. Gallery Task Force
d. Facilities
e. Finance
f. Long Range Planning
I
II. Other
12. Adjournment
If you are unable to attend this meeting, please leave a message for Ann (ext. 117) before 5 P.M.
on Monday, June 9,2008.
A=Action Item I=Information Item D=Discussion Item
+= Document in Packet *= Document to be Distributed at Meeting #=Document Previously
Distributed
,
Stillwater Public Library
224 N. Third St.
Stillwater MN 55082
MINUTES OF THE MAY 13, 2008 MEETING
OF THE LIBRARY BOARD OF TRUSTEES
PRESENT: Michele Cassavante, Jane Dickinson, Ned Gordon, Dick Edstrom, Ruth Ranum,
M.L. Rice, Andrea Tipple, Ann Wolff,
ABSENT: Julia Sandstrom
STAFF: Lynne Bertalmio
VISITORS: SAHS students
AGENDA ITEM 1, Call to Order: the meeting was convened at 7:05pm
AGENDA ITEM 2, Agenda: accepted as drawn. MSP*
AGENDA ITEM 3, Communications:
i) letter from John and Ann Kraemer regarding flag protocol; referred to Facili-
ties Committee for review and response.
ii) R. 1. Vessels "Viewpoints" article printed in Stillwater Gazette of May 13,
2008; moved to Agenda Item 12 for discussion
AGENDA ITEM 4, Consent Agenda: consent agenda accepted without change; bills payable for
May totaled $14,983.25; total April payables corrected, from $21,069.47 to $18,078.42. MSP*
AGENDA ITEM 5, Library Foundation: detailed planning for the July Fourth celebration is
continuing. The Board has determined that it will have to develop an identity and description for
the Foundation that could be used in proposal packages and for similar purposes.
AGENDA ITEM 6, Restructuring Library Services: the final list of possible cost reductions and
efficiencies was reviewed; the Finance Committee will identify those actions that could be
implemented within the current year.
AGENDA ITEM 7, Revised Events Policy: the revised policy was reviewed and accepted.
MSP*
AGENDA ITEM 8, 2009 Budget Request: the expenditures portion of the budget is nearly
complete and was reviewed; the revenue section has not been completed; referred to Finance
Committee.
AGENDA ITEM 9, Coffee Shop: M. L. Rice will meet with the operators to review the first six
months of operation and determine needs for the remaining period of the lease.
Page 2
Library Board Minutes
5-13-08
AGENDA ITEM 10, Meeting Space Coordinator: there were five responses to the RFP; they
will be interviewed by a task force comprised of Edstrom, Rice, and Bertalmio.
AGENDA ITEM 11, Committee Reports:
"
AVTaskForce - will request copy of the new Johnny's TV quotation
Events & Marketing - reviewed various materials designed to solicit users of meeting
spaces and donors; noted that the publisher Afton Press will donate 50% of the proceeds
from the sales of two books made through Friends @ Stillwater Public Library.
Gallery Task Force - reviewed exhibit schedule.
F aGilities - costs of gas, electricity and maintenance contracts have been estimated and
entered into 2009 Budget Request.
Finance - see Items 6 and 8; reviewed May 12 City Council presentation.
Long range Planning - no report
AGENDA ITEM 12, Other: it was felt that the "Viewpoints" article by R. 1. Vessels appearing
in the May 13 issue of the Stillwater Gazette contained numerous inaccuracies and miss-
statements of fact. Motion: "If, on further analysis of the article, it is determined by the Board
that a response stating the facts is warranted, the Board will send a letter that will provide an
accurate statement of the facts to the Stillwater Gazette, St. Paul Pioneer Press, and The Courier.
MSP*
ADJOURNMENT: the meeting was adjourned at 8:45pm.
MSP* -- motion made, seconded and passed by unanimous vote; divisions will be recorded in
detail.
1.
9:00
2.
9:00
3.
4.
9:10
9:10
5.
9:40
6.
9:45
7.
9:55
8.
9.
10:15
10:20
10.
11. 10:35
Washington
~'"' ~County
BOARD AGENDA
Dennis C. Hegberg, Chair
District 1
Bill Pulkrabek
District 2
Gary Kriesel
District 3
Myra Peterson, Vice Chair
District 4
JUNE 17,2008 - 9:00 A.M.
R.H. Stafford
District 5
Roll Call
Pledge of Allegiance
Comments from the Public
Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or
not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give
it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and
address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the
right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part
of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items.
Consent Calendar
Minnesota Counties Insurance Trust - Jane Hennagir, MCIT Account Executive
Annual Report
Library - Patricia Conley, Director
Merge the Self Service Center into the County Law Library
Public Health and Environment - Amanda Goebel, Environmental Health Program Manager
Comments to the MPCA Regarding the 3M Oakdale Disposal Site Proposed Cleanup Plan
Public Works - Cory Slagle, Transportation Manager
A. Designate Portion ofCSAH 18 in Afton as a Type III Natural Preservation Route
B. Bid Award for Reconstruction of CSAH 15
General Administration - Molly O'Rourke, Deputy Administrator
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 i1iformation, 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 scheduledfor afuture board meeting.
Board Correspondence
Adjourn
*************************************************************************
Date
June 16
June 16
June 16
June 17
June 18
June 19
June 19
MEETING NOTICES
Committee
Time
Location
Hegberg Classic 1 :30 p.m. 7050 Scandia Trial N. - Forest Lake
Metro Transitways Development Board 8:30 a.m. 100 Empire Drive - St. Paul
Counties Transit Improvement Board 9:00 a.m. 100 Empire Drive - St. Paul
Housing & Redevelopment Authority Board 3:30 p.m. 1584 Hadley Avenue North - Oakdale
Metro Transportation Advisory Board 1 :00 p.m. 390 Robert Street North - St. Paul
Meeting with Met Council Representatives 8:00 p.m. 19955 Forest Road North - Forest Lake
Parks and Open Space Commission 7:00 p.m. Washington County Government Center
Assistive !istening device~ an: ~vailable for use in ~he County Board Room
I=r:'IllAI I=~API rW~AI="'T nppn!;>TII"'ITY I AI=I=I!;>~AA TI\l1= ArTln'" I=~API nVI=!;>
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR *
JUNE 17, 2008
The following items are presented for Board approval/adoption:
DEPARTMENT/AGENCY
ITEM
Administration
A. Approval of the June 3 and 10, 2008 Board meeting minutes.
B. Approval of an agreement with the Washington Conservation District
to prepare management plans on certain Land and Water Legacy
Program projects.
C. Approval of an agreement with Belwin to prepare management plans
and arrange for appraisals on certain Land and Water Legacy Program
projects.
D. Approval of projects recommended by the County Administrator for
funding through the 2007 Countywide Mission Directed Budget
program in the amount of $204,900.
Public Health and Environment E. Approval of comments to the City of Cottage Grove regarding their
Local Water Management Plans and authorization for the Board Chair
to sign the draft comment letter.
Sheriff s Office F. Approval of Amendment # 1 to contract #4432 with Omni Contracting,
Inc. for construction services for five 800 MHz Radio Sites to extend
the date ofterrnination of the contract to August 31,2008.
G. Approval of resolution committing to the removal of the Washington
County public safety radio tower located at 15326 Afton Hills Court
South, Afton, upon abandonment or discontinuation of use.
* Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote.
Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action.
Summary of Proceedings
Washington County Board of Commissioners
June 3, 2008
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
Hegberg presided.
Accountine: and Finance
Approval of the following actions:
Policy #2502, Account Write-offs or Adjustments;
Amend Policy #2601, Collection Policy to make it consistent with the new proposed policy on
Write-offs and Adjustments.
Commissioner Reoorts - Comments - Questions
The Commissioners reported on the following items:
Commissioner Peterson - next year Washington County will chair the AMC Region X Board;
she asked Public Works staff to meet with her about the intersection of 70th and Hardwood;
Commissioner Pulkrabek - reported on the Republican State convention he attended last week
and noted that the Democratic State convention will be held this weekend;
Commissioner Stafford - noted the passing of former County Administrator Neal Erdahl;
Commissioner Kriesel - met with MN/DOT Commissioner Tom Sorel and Deputy
Commissioner Khani Sahebjam and discussed the Stillwater Bridge project;
Commissioner Hegberg - reported that the Sheriff s dive team will clean up debris that blew into
Oneka Lake due to the tornado.
Communitv Corrections
Resolution No. 2008-073, authorization for the Community Corrections Director to execute an
agreement to implement the Juvenile Accountability Block Grant.
Communitv Services
Approval of the following actions:
Appoint Julia Beagan, Stillwater Residence representative, to the Mental Health Advisory
Council, to a first term expiring December 31, 2010;
Accept a grant from the Department of Human Services to fund additional respite care for
families with children with a serious emotional disturbance;
Family Child Care Provider, Center Caregiver, and School Age Caregiver Certificates of
Recognition presented as follows: Betty Lou McMaster, Cottage Grove; Miranda and Kevin
Oliver, Forest Lake; Megan Hipsher, Primrose School of Woodbury, and Scott Pettersen,
footprints Academy, Woodbury.
General Administration
Approval of the following actions:
Courtney Y ourke, Newport, addressed the Board on property tax issues and asked how Federal
money from the Housing and Urban Development is spent in the county;
May 13 and 20, 2008 Board meeting minutes;
Agreement with the Friends of the Mississippi River to prepare management plans on certain
Land and Water Legacy Program projects;
Award bid for purchase of courier service with Dynamex as the most responsible bidder;
Amend Policy #1501, Designated Areas within County Facilities for Placement of Campaign
Materials;
Resolution No. 2008-078, declaring a state of emergency for the tornado that occurred on May
25,2008 in the City of Hugo;
Updates by the Sheriff s Office and the Deputy Administrator of actions taken by the county
following the Tornado in Hugo on May 25,2008;
Big Marine Park Reserve to hold grand opening on June 7, 2008 starting at 10:00 a.m.
Metropolitan Council has invited the County Board to a meeting at the Headwaters Service
Center in Forest Lake on June 19 beginning at 8:00 a.m. with representatives of the Metropolitan
Council Sherry Broecker and Georgeanne Hilker;
Board correspondence was received and place on file.
Librarv
Appointment of John Sievert, Lakeland, to the Washington County Library Board to fill an
unexpired term to December 31, 2008.
PrODertv Records and TaxDaver Services
Approval of the following actions:
Abatement on parcel #19.031.21.140011, JR Johnson Supply, Inc;
Joint powers agreement with the City of Oakdale to provide election administrative services.
Public Health and Environment
Approval of comments to the City of Oak dale and the City ofS1. Mary's Point regarding their Local
Water Management Plans.
Public Works
Approval of the following actions:
One-year Special Project Senior Engineer Technician position;
Resolution No. 2008-074, Cottage Grove Armory lease agreement termination;
Parks division to conduct a deer hunt in the Lake Elmo Park Reserve;
Comments on the North S1. Paul and St. Mary's Point draft comprehensive plans;
Resolution No. 2008-075, authorization to reject bids for the Law Enforcement Center
automated water control system replacement project;
Resolution No. 2008-077, memorandum of understanding between Washington County, the City
of Hugo, and the Minnesota Department of Transportation for access management on Trunk
Highway 61 in the City of Hugo.
Ret!ional Railroad Authoritv
Approval of the following actions:
March 11, 2008 RRA meeting minutes;
RRA-2008-002, Memorandum of Understanding Between Washington County, the City of
Hugo, and the Minnesota Department of Transportation Access Management on Trunk Highway
61 in the City of Hugo Adjacent to the Rush Line Transitway Corridor.
Sheriff's Office
Approval of the following actions:
Accept a $500 donation from Inver Grove Heights residents, James and Karen Taylor to be used
toward the purchase of a side scah sonar for the Water Patrol Division;
Resolution No. 2008-076, execution of grant agreement or 2008 supplemental boating safety sub
grant program.
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
May 20, 2008
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
Hegberg presided.
Commissioner Reports - Comments - Questions
The Commissioners reported on the following items:
Commissioner Peterson - reported on a MELSA meeting she attended and how there is a great
diversity on how libraries are governed in the Metropolitan area which could impact the counties
relationships;
Commissioner Kriesel- attended the Law Enforcement Memorial at the Historic Courthouse last
week; he also mentioned that the Stillwater Historical Preservation Society is presenting the
Historic Courthouse with an award for preservation this evening; and he will attend the Afton
City Council meeting this evening on the 800 MHz Radio System tower.
Community Services
Approval of the following actions:
Contract Amendment # 1 with Two Rivers Community Land Trust to provide an additional
$214,757 in HOME funds to develop up to six additional homes that will be sold to low-
moderate income individuals;
Amend the 2007 Community Development Block Grant and HOME Investment Partnership
Program Annual Action Plan to apply for a $675,000 Section 108 loan for the Trailside Senior
Living Project.
Financial Services
Approval of the following actions:
Change the name of Financial Services Department to the Accounting and Finance Department;
Resolution No. 2008-071A, Amend Policy #2802 fund definitions to reflect the addition offund
414, Road and Bridge Capital Project;
Certificate of Achievement for Excellence in Financial Reporting for the 2007 Comprehensive
Annual Financial Report.
General Administration
Approval of the following actions:
May 6, 2008 Board meeting minutes;
Legislative update presented;
Board workshop held to review findings of the 2008 Washington County residential survey.
Property Records and Taxpaver Services
Approval of the following actions:
Review of 2008 legislative program providing a market value exclusion for property tax
purposes for the homestead property of an honorably discharged veteran who has a service-
connected disability rating of 70% or higher;
"
Resolution No. 2008-072, premises permit application from the Cottage Grove Lions Club.
Public Health and Environment
Approval of the following actions:
Appoint Thomas Polasik, Stillwater Township, to the Carnelian Marine Saint Croix Watershed
District to fill an unexpired term to June 21, 2010;
Comments on the Comfort Lake-Forest Lake Watershed District regarding their Capital
Improvement Plan;
Recycling grant agreements with the cities of Hugo and Stillwater for distribution of curbside
recycling funds.
Public Works
Approval of the following actions:
Programmatic maintenance agreement with the Brown's Creek Watershed District for
maintenance of county installed stormwater structures and facilities installed under permit from
the Watershed District;
Status report and outcomes of a feasibility study for the removal/salvage options for Bridge No.
5600 located in St. Paul Park/Inver Grove Heights;
Board workshop held to review goals and objectives of the Washington County 2030
Comprehensive Plan;
Agreement for construction and cost reimbursement and maintenance between the City of
Lakeland and Washington County, and the City of Lake land Shores and Washington County, for
the CSAH 18 reconstruction project in Lakeland and Lakeland Shores;
Board workshop held to review the Metropolitan Council Draft 2009-2012 Transportation
Improvement Program.
Sheriff's Office
Approval to accept the service agreement with L3 Communications Mobile Vision for the squad
video camera project.
A complete text of the Official Proceedings of the Washington County Board of Commissioners is
available for public inspection at the Office of Administration, Washington County Government
Center, 14949 62nd Street N., Stillwater, Minnesota.