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Home My WebLink About2008-12-16 CC Packet REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street December 16, 2008 REGULAR MEETING 7:00 P.M. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE STAFF REPORTS 1. Police Chief 3. City Clerk 5. 7. Finance Director Finance Information 8. City Administrator APPROVAL OF MINUTES - Possible approval of December 1 , 2008 regular and recessed min PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Proclamation: Stillwater Girls Swimming & Diving Team OPEN FORUM The Open Forum is a portion of the Council meeting to address Counc' the meeting agenda. The Council may take action or reply at the time 0 staff regarding investigation of the concerns expressed. Out of res e for limit your comments to 5 minutes or less. 2. Fire Chief 4. Community Dev. Director CONSENT AGENDA (Roll Call) 1. Resolution 2008-175, directing paymen of bills 2. Resolution 2008-176, approving a ith Lu Clark for cleaning services 3. Resolution 2008-177, approval 0 ith The Sand Creek Group, Ltd. 4. Resolution 2008-178. renewal e for 2009 5. Possible approval of Tempo - Valley Chamber Chorale - February 13-15, 2009 6. Resolution 2008-179, aRP s for the Manning Avenue Project 7. Resolution 2008-180, ' ti sewer charges Project No. 0001 8. Resolution 2008-181 do ti nt garbage bill charges Project No. 0002 9. Resolution 2008- 2 reement with Hennepin Technical College Customized Training - Fin for others in attendance lease limit our comments to 10 minutes o. 08- is the date and time for a public hearing to consider a request from Washington 'c Works or a street vacation request for a 166 x 30 foot portion of Panama Avenue' and a o . n of Hubert St in the AP, Agricultural Preservation District and any variances related ion - Roll Call) . This is the date and time for a public hearing to consider a request from Stillwater rties, Greg Johnson for final plat approval of Select Senior Living of Stillwater; approval of ment agreement; first reading of a ~oning Ordinance text amendment to allow senior care living fac in the LR, Lakeshore Residential zoning district by Special Use Permit; and minor co prehensive plan amendment changing the future land use designation of the project site from SFSL, Single Family Small Lot to SFLL, Single Family Large Lot for the property located at 12525 75th Street North in the AP, Agricultural Preservation District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on November 28, 2008. (Resolution Developer Agreement - Roll Call; 1 st reading of text amendment - Roll Call) UNFINISHED BUSINESS 1. Possible approval of Stillwater Marathon - 2009 agreement (Resolution - Roll Call) 2. Possible second reading of Ordinance 1002, an ordinance amending Chapter 31, entitled Zoning Ordinance by changing regulations related to signage in the BP-Business Park Zoning District. (Roll Call) NEW BUSINESS 1. A resubdivision of one parcel back into the two originally platted lots located at 915 We Abbot Street. Ray Loida, Jr., applicant. (Resolution - Roll Call) 2. Possible approval of bids and awarding contract for Parking Ramp (Resolution-Roll Call) 3. Possible approval to carry over Capital Outlay Items (Resolution -Roll Call): a. MIS b. Fire Department c. Public Works, Parks, Streets, Sewer d. Recreation Center 4. Liberty Stop Sign Study 5. Lights relating to Lofts of Stillwater 6. Possible appointment to the Library Board (Resolution - Roll 7. Possible appointment/reappointment for Heritage Prese . 8. Possible appointment/reappointment for Human Rights 9. Possible adoption of resolutions for 2009 Budget & T a 10. Possible approval of capital expenditure for portable dig commissions & Police Dept. Admin. Hearings - ini 11. Possible approval of capital expenditures: an system for St. Croix Recreation Center esolution - Roll Call) lution - Roll Call) Ions - Roll Call) system used by Council, several PETITIONS, INDIVIDUALS, DELEGATIO COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS ADJOURNMENT * agenda are considered to be routine by the City Council and will be Ther will be no separate discussion on these items unless a Council Member or . ch event, the items will be removed from the consent agenda and considered 2 Stillwater · Bayport · Lake Elmo · Oak Park Heights 106 Main Street South · Stillwater, Minnesota 55082 Tuesday, December 16,2008 Mayor Harycki and City Council Members, At its Thursday, Dec. 11, meeting, the Greater Stillwater Chamber of Commerce Board of Directors voted to endorse the 2009 Stillwater Marathon with the following requirements: · Limit the agreement to one year, with the four key stakeholders - City of Stillwater, St. Croix Events, Greater Stillwater Chamber of Commerce and the Stillwater-Oak Park Heights Convention & Visitor Bureau - evaluating the event's local impact in a timely fashion after the event, and removing the sentence allowing consideration for a future multi-year contract . End shuttle service no earlier than 7 p.m. · Add a requirement that the stakeholders will conduct local marketing efforts to encourage community participation and commerce throughout the race weekend . Allow continued public use of the parks on race day, and · Require St. Croix Events to fund the economic impact study and permit the City, Chamber and CVB to choose the third-party to conduct the survey, develop the survey's content and have access to the results. Since last week's Board meeting, the above conditions have been discussed and negotiated with significant progress made toward the Chamber's requirements. Thank you to the Mayor, City Council and staff for the opportunity to be involved in this process. We appreciate the time and effort put forward by both the City of Stillwater and St. Croix Events in recognition of the needs of the area business community. , RESOLUTION 2008-175 DIRECTING THE PAYMENT OF BILLS BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the bills set forth and itemized on Exhibit "An totaling $507,535.90 are hereby approved for payment, and that checks be issued for the payment thereof. The complete list of bills (Exhibit "An) is on file in the office of the City Clerk and may be inspected upon request. Adopted by the Council this 16th day of December, 2008 Ken Harycki, Mayor , ATTEST: Diane F. Ward, City Clerk LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2008-175 10,000 Lakes Chapter of ICC 1ST Line/Leewes Ventures LLC Ace Hardware Advanced Sportswear Amdahl Locksmith American Planning Association Ancom Technical Center Aramark Uniform Services Armor Security Inc. Aspen Mills Assoc. of MN Building Official AT&T Ballis, Tom Board of Water Commissioner Briggs and Morgan, P.A. Carquest Auto Parts CATCO Parts and Service Century Power Equipment Clark, Luann Coca-Cola Bottling Company Cole Papers Collegiate Concepts Corporate Mechanical Cub Foods Cummins NPower, LLC Denny Hecker Auto Connection Doerksen Medical Gas System Eichten's Service & Repair Emergency Automotive Technologies Escape Fire Fire Engineering Fury Dodge Chrysler G & K Services Galls Gannaway, John GCR Minneapolis Truck Tire Center Gopher State One Call, Inc. Grainger Holiday Credit Office International Code Council, Inc International Code Council, Inc. Interstate Battery Systems J.P. Cooke Co. Kirvida Fire, Inc. KRIS Engineering Lake Country Door, LLC Mac Queen Equipment Inc. ., 2009 Chapter Membership Dues Concession Supplies Equipment Repair Supplies Uniforms Service Call at Lily Lake Arena 2009 APA Membership Vehicle Repair Charges Uniform Cleaning, Roll Towels/Mops Quarterly Monitoring Service Police/Fire Uniforms 2009 Membership Dues Telephone Reimburse for Cleaning Agent November 2008 WAC Charges Professional Services Rendered Equipment Repair Supplies Equipment Repair Supplies Equipment Repairs Cleaning At City Hall/Public Works Soda for Concessions Janitorial Supplies Promotional Water Bottles (Police) Relocated Thermostat in PW Facility Concession Supplies/Fire Dept Supplies Payment for Credit Taken Twice 3000 Mile Service Cascade Fill Station Project. Equipment Repair Supplies Repairs RNC Training Supplies 3 Year Subscription Oil Change Uniform Cleaning, Roll Towels/Mops Medic bags Reimburse for Conference Expenses Tires Billable Tickets Switch for Coffee Machine at Lily Lake Fuel for Gen Set/Bob Cat Conference Fees 2009 Membership Dues Vehicle Batteries Dog Tags Vehicle Repair Supplies Plow Blades For Trucks, Loaders and Grader Repair Door on Parks Building Oil Cooler Fan for Sweeper 50.00 1,885.60 362.10 246.00 149.00 373.00 331.53 818,56 89.46 222.40 200.00 161.56 150.01 2,574.00 800.00 960.27 78.50 550.65 1,057.50 2,670.70 256.02 560.82 265.00 64.29 302.39 82.09 750.00 88.26 76.60 611.53 67.95 26.65 1,735.90 303.47 228.65 171.02 159.50 2.73 39.03 354.00 100.00 93.67 67.02 26.93 5,961.38 210.00 793.75 EXHIBIT" A" TO RESOLUTION #2008-175 Magnuson Law Firm McBroom Construction Co., Inc Menards Metropolitan Council Metropolitan Council Minnesota Shredding, LLC MN Pollution Control Agency NFPA Office Depot Onvoy Paramount Sk8s, Inc. Plant Health Associates Pogge, Michel Quill Corporation R & R Specialties, Inc. Riedell Shoes, Inc. RiverTown Newspaper Group Shilts, Cindy Simplex Grinnell LP South Metro Public Safety Stillwater Motor Company Stillwater Towing Stork Twin City Testing Corporation Sun Newspapers T.A. Schifsky & Sons, Inc. Tax & Accounting - R & G Uniforms Unlimited, Inc United Refrigeration, Inc. University of Minnesota Ward, Diane Washington County Recorder Watson Company, Inc. Yocum Oil Company LIBRARY American Library Association Baker & Taylor Baker & Taylor, Inc. Budget Lighting, Inc. BWI Book Wholesalers CDW Government, Inc. JOHN MYERS PLUMBING, INC Master Mechanical, Inc. #69 Menards Office Max Olson, Rebecca Professional Services Rendered Fence repair at Lily Lake Ball Field Equipment Repair Supplies January 2009 Wastewater Charge November 2008 SAC Charges Records Shredding Certification Fee Yearly Subscription Office Supplies Monthly Telephone Polished Skates for Concession Resale Professional Services Sidewalk Sign Permit Stickers/Conference Expenses Office Supplies Blade Sharpening Skates for Resale Publications Reimburse for Mileage 2009 Contract! Fire Panel Repairs Education Fees/Police Vehicle Repairs Towing 2008 Street Project Special Use Permit AC Fine Asphalt PPC Guide to Preparing Governmental Financials Tasers Equipment Repair Supplies CPE Classes Overseas Postage Reimbursement Recording Fees Concession Supplies Fuel Posters Books Books Light Bulbs Children's Books Computer Equipment Plumbing Repair Quarterly Maintenance on HVAC Janitorial Supplies Envelopes & Paper Cleaning Services Page 2 14,115.83 7,299.00 933.61 110,865.59 5,420.25 133.20 23.00 150.00 369.68 511.62 154.50 1,316.00 333.54 929.75 154.44 489.12 35.00 65.52 2,943.48 238.00 395.56 100.00 1,000.50 320.70 138.65 177.32 3,603.29 64.77 250.00 4.20 1,784.00 337.92 5,289.04 75.00 220.42 4,413.66 160.68 3.27 277.68 237.00 941.25 7.52 15.98 1,573.76 EXHIBIT" A" TO RESOLUTION #2008-175 Recorded Books, LLC Stillwater Public Library Tran, Alexi Washington County Library Xcel Energy ADDENDUM Clarey's Safety Equipment CPMI Felsh, Chris Gannaway, John Loftier LSA Lumberjack Day Festival Association Inc Meredith, Nathan Metro Fire Miller Excavating MN Dept of Agriculture New Horizons Northstar Imaging Sanders, Shawn Schultz, Carlotta Seefert Sr., Kenneth Springbrook T.A. Schifsky & Sons, Inc. Telementry And Process Controls T -Mobile TruGreen US Home Corp Wenck Qwest Xcel Adopted by the City Council this 16th Day of December, 2008 Replacement Tape Postage Refund Technology Support, Postage, Telecommunications Electricity Extinguisher Inspection/Maintenance Professional Services/Stillwater Parking Ramp Training Expenses Reimbursement Training Expenses Reimbursement Network/Computer Support Professional Services/Stillwater Parking Ramp 2009 Firework Contribution Tuition Reimbursement Equipment Repair Charges 2008 Street Improvement Application #4 Pesticide Applicator License Renewals Online Computer Training Professional Services/Stillwater Parking Ramp Reimburse for Conference Expenses Parking Ticket Refund Purchase of 2 Lots for Myrtle St. Ravine Project 2009 Software Maintenance Asphalt Lift Station Repairs Cell Phone Winterization for Parks Grading Escrow Refund Professional Services/General Consulting Telephone Electricity & Natural Gas TOTAL Page 3 7.95 8.64 17.00 4,316.87 4,243.47 170.00 4,812.19 41.00 34.00 67.s0 2,233.61 40,000.00 1,380.00 207.25 166,869.11 20.00 100.00 4,080.81 193.61 10.00 2,500.00 17,063.27 145.65 1,092.13 51.64 5,690.92 34,000.00 2,933.00 171.94 20,071.55 507,535.90 , STAFF REQUEST ITEM I Department: Fire I Date: De~mber 15, 2008 DESCRIPTION OF REQUEST (Briefly outline what the request is) Authorize agreement with Hennepin Technical College Customized Training Services to conduct Firefighter Training. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Contract cost per student is $284.72. ADDITIONAL INFORMATION ATTACHED Yes _X_ No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Stuart W. Glaser, Fire Chie Date: December 15, 2008 ~ RESOLUTION 2008-182 APPROVING AGREEMENT WITH HENNEPIN TECHNICAL COLLEGE CUSTOMIZED TRAINING BE IT RESOLVED by the City Council of Stillwater, MN that the agreement with Hennepin Technical College Customized Training for Firefighter Training, as on file with the City Clerk, are hereby approved and authorizes the Mayor and City Clerk sign said agreement. Adopted by the Stillwater City Council this 16th day of December, 2008. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk ,. .' rJ/. HennepinTechnical Co'llege Customized Training Services STATE OF MINNESOTA MIl\TJ.\TESOTA STATE COLLEGES A!\1J) Ul\TJVERSITIES HENNEPIN TECHl\TJ:CAL COLLEGE CUSTOMIZED TRAINING CONTRACT Contract #09203 THIS CONTRACT is between Hermepin Technical College (hereinafter "COLLEGE") located at 13100 College View Drive, Eden Prairie, Mirmesota 55347 acting by virtue of its delegated authority from the Board of Trustees of the Minnesota State Colleges and Universities, and Stillwater Fire Department, Attn: Linda Thompson (hereinafter "CLIENT") located at 216 North 4th Street, Stillwater, MN 55082; L COLLEGE'S DUTIES. The COLLEGE agrees to provide the following: Title ofInstruction: Fire Inspector I Date (s) ofInstructio!l: Thursdays: October 23. - December 18, 2008 6:00 p.m. - 10:00 p.m. Name of Instructor: Kathi Osmonson Location: Oakdale Fire Department II. CLIENT'S DUTIES. The CLIENT agrees to provide the following: A. roster of participants, with an estimate of two (2). B. make all contacts for training and services through the college and will not employ the presenter/instructor directly for additional sessions. III. SITE OF INSTRUCTION. CLIENT shall make all of the arrangements, including any payment, for the location to be used for the training. IV. CONSIDERATION AND TERMS OF PAYMENT. A. Cost: two.hundred eighty~four dollars and seventy two cents ($284.72) per person. Other fees: N/A Notwithstanding the thirty (30) day p,otice period established in paragraph VII, in the event that the CLIENT desires to cancel or reschedule the instruction due to low enrollment, CLIENT shall give at least five (5) days notice in writing to the COLLEGE'S authorized agent to cancel or reschedule. If the instruction is cancelled as provided herein, the COLLEGE shall be entitled to payment calculated according to para.gTaph VII. If the instruction is rescheduled as provided herein, payment shall be according to this paragraph IV. Page 1 of3 Our Training Means Businesssm Hennepin Technfcal College is an affirmative action, equal opportuntty educator and empl()yer. ~ B. Terms of payment. The COLLEGE will submit an invoice for the instruction performed. The CLIENT will pay within thirty (30) days of receiving the invoice. Please submit payment to: Hennepin Technical College, Attn: Business Office, 90QO Brooklyn Blvd, Brooklyn Park MN 55445 V. AUTIiORIZEDREPRESENTATIVES. All communications regarding the terms of this contract shall be submitted to the following persons: A. TRAINING AND BUSINESS DEVELOPMENT DIRECTOR: ~ , Name: ToddSeitz Phone: 952-995-1329 Fax: 952-995.,1331 E-Mail: Todd.Seitz@hennepintech.edu PROJECT MANAGER/TRAINING DEVELOPMENT DIRECTOR: Name: David Klocek Phone: 952-995-1315 Fax: 952-995-133'1 E-Mail: David.Klocek@hennepintech.edu B. CLIENT CONTACT PERSON/BILLING ADDRESS: Name: LindaThompson Title: Address: 216 North 4th Street, Stillwater, MN 55082 Phone: 651-3.51-4950 Fax: 651-351-4967 E-Mail: ,VI. TERM OF CONTRACT. A. Effective Date: October 23, 2008 B. End Date: December 18, 2008, or until all obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs first. ' . VII. CANCELLATION. This contract may.be cancelled by the COLLEGE or the CLIENT at any time, with or without cause, upon thirty (30) days written notice to the other party. In the event of such a cancellation, , The COLLEGE shall be entitled to payment, determined on a pro rata basis, for work or instruction satisfactorily performed. VIII. ASSIGNMENT. Neither the CLIENT nor the COLLEGE shall assign or transfer any rights or obligations under this contract without the prior written approval of the other party. , . IX. LIABILITY. COLLEGE and the CLIENT agree that each will be responsible for its own acts and the results thereofto the extent authorized by law and shall not be responsible for the acts of the other party and the. results thereof. The liability of the CdLLEGE shall be governed by the provisions of the Minnesota Tort Claims Act, Milmesota Statutes Section 3.732 and 3.736 et seq."and other applicable law. If materials are being provided to the COLLEGE by the CLIENT, the CLIENT agrees to be responsible for and indemnify and defend, with the approval of the Attorney General's Office, COLLEGE against any claims alleging that the materials provided by the CLIENT infringe on any third party's United States and/or international patent(s), copyright(s), trademark(s), tradename(s), servicemark(s) and servicename(s) or trade secretes). X. AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE. The CLIENT agrees that in fulfilling the duties of this conti-act, the CLIENT is responsible for col11plying with the applicable provisions ofthe Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq.and regulations promulgated pursuant to it. The COLLEGE IS NOT responsible for issues or challenges related to compliance with the ADA beyond its own routine use of facilities, se~ices or other areas covered by the ADA. Page 2 of3 ~ . XI. AMEl\TDMENTS. Any amendment or supplement to this contract shall be in writing and shall be executed by the same parties who executed the original contract or their successors in office. XII. GOVERNMENT DATA PRACTICES ACT. The CLIENT must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13; as it applies to ovided by the COLLEGE in accordance with this contract, and as it applies to all data, creat received, stored, used, maintained, or disseminated by the CLIENT in accordahce with The civil remedies of ' Minnesota Statutes Section 13:08 apply to the release of the data refe in this Article by either the CL~NTortheCOLLEGE. - In the event the CLIENT receives .a request to release the data referred to in this Article, the CLIENT must immediately notify the COLLEGE. The COLLEGE will give the CLIENT instructions concerning the release of the data to the requesting party before the data is released. XIII. RiGHTS IN ORiGINAL MATERIALS. The COLLEGE shall own aU property rights, in: all original materials, including any curriculum designs, drawings, specifications, not~, documents, softw~e modules, electronically or magnetically recorded materials, and the COLLEGE and its employeesindividu:ally or jointly . of its obligations under this contract. This provision shall not apply to the. including all intellectual . entions, reports, studies, , computer based training hatever form, developed by contractor in the performance o lowing materials: N/A . , XIV. JURSIDICTIONAND VE by the laws of the State of sota. Venue for alllega11'roceed thereof, shall be in the state .or federal court with competent ji..uisdi thereto, shall be governed of this contract, or breach amsey CoUnty, Minnesota. J...'V. OTHER PRO , -, .<-- ;^,' IN 'WITNES S VVHEREOF, the parties have caused this contract to be duly. eXetuted intending to be bound thereby. . APPROVED: . . 1. a~~iw.alfOfCOLLEGE) Title: Busines. ' Date: 2. STILLWATER FIRE DEPARTMENT . , . . CLIENT certifies that t opriate person(s) have executed this contract on behalfoftbe CLIENT. as required by applicablees, by~laws, resolutions or ordl.llances. . By: Title: . Date: By: Title: Date: MnSCU003 07/07/03 Page 3 of3 .~ MARATHON AGREEMENT THIS AGREEMENT is made this _ day of December, 2008 between the CITY OF STILLWATER, Washington County, Minnesota ("City"), and the ST. CROIX EVENTS, INC., a Minnesota corporation ("St. Croix"). RECITALS 1. Marathon. The City hereby authorizes St. Croix to organize and conduct a marathon race to be known as the "Stillwater Marathon" (and/or the "Race") in order to foster and promote tourism within the City of Stillwater and the St. Croix Valley and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City. The Marathon will be set up on May 23,2009 and the Race run on May 24,2009. 2. The Race. The Stillwater Marathon will include a full marathon race of 26.2 miles; a 20 mile race course; a half marathon race course; and a 12 kilometer race course. 3. Marathon Route. (a) Full Marathon Course. The race will start on Minnesota State Highway 95 (Main Street) with start lines between the Andiamo Main Office and the Oasis Cafe and continue south on Highway 95 through Bayport to 22nd Street. 22nd Street West to Stagecoach. Stagecoach North to 23 (Beach Road). Beach Road to 4th Avenue. North on 4th Avenue to Burlington. West on Burlington to 6th Avenue. North on 6th Avenue to Churchill. West on Churchill to Greeley. North on Greeley to Myrtle. East on Myrtle to MafflMinor. North on Maffi-Minor to Boutwell. East on Boutwell to Neal. North on Neal to McKusick Road. East on McKusick (using the trail) to Amundson. North on Amundson to Sycamore. Sycamore to Stonebridge Trail. North on Stonebridge Trail to Highway 95. South on Highway 95 to Mulberry Street. East on Mulberry Street to finish line in Lowell Park. <. (b) 20 Mile Course. Follows the Marathon Course to 5th Street in Bayport. West on 5th Street to Stagecoach. Back on to the Marathon Course to finish. (c) Half Marathon Course. Follows the Marathon Course to Myrtle and Owens. North on Owens to Laurel. East on Laurel to finish line in Pioneer Park. (d) ] 2K Course. Follows the Marathon Course to 5th Street in Bayport. West on 5th Street to Stagecoach. Back on to Marathon Course to Myrtle and Owens. North on Owens to Laurel. East on Laurel to finish in Pioneer Park. 4. Starting and Finish Line. The Marathon starting line will be on Highway 95 (Main Street), just south of Downtown. Pioneer Park will be the finish line for 12K and Half Marathon. Lowell Park will be the finish line for the 20 Mile and the full Marathon. 5. Limitations. St. Croix agrees that the number of Race participants for all races will be limited to a total of 5,750 participants. 6. Fees. St. Croix will pay to the Greater Stillwater Chamber of Commerce (Chamber), for retention in a fund held for beautification of Downtown Stillwater, an impact fee of $1.00 per participant. This impact fee will not be itemized as a separate charge on registration forms or other race related documents. This amount will be remitted to the Chamber by July 1, 2009. 7. Parking Control. The purpose of the Parking conditions is to ensure that Downtown businesses retain parking availability for their customers during the Marathon. To further this purpose, (a) The City will: I. Close all City parking lots south of Myrtle Street pursuant to a schedule established by the Stillwater Downtown Parking Commission in consultation with St. Croix and the Chamber. 2 (b) St Croix will: 1. Promote remote parking by Race participants by including a parking map and information, along with confirmation cards sent to all Race participants, and on other pre-Race promotional literature. 11. St. Croix will submit a Remote Shuttle Plan for the review and comment of the Chamber by April 1, 2009. Race participants will not be allowed to park in parking lots in the Stillwater Central Business District. Shuttle service will end no earlier than 7:00 j).m, on Race Day. iii. Arrange for large parking lots, such as the Anders~en Corporate lot or the Washington County Government Center, for the parking of Race participants and connect the remote lots to the Race starting and finish points by remote shuttle. At a minimum, St. Croix will reserve at least 3,500 remote parking spots for use of Race participants. IV. The parties agree to develop a parking disbursal plan for the finish of the Race that addresses and mitigates parking congestion in the Downtown, in order that normal businesses housed in the Downtown are not damaged by Race congestion. The plan must be developed by St. Croix in consultation with the Stillwater Parking Commission, Stillwater Police Chief and the Chamber and the Plan must be completed by April 1, 2009. 8. Traffic Control Points. The intersections of all streets and roads on the Race Course (Course) will be controlled by Police or event staff. Traffic will be allowed to cross the course at every intersection, runner traffic permitting. In addition, Race staff will assist residents with homes on the course in getting out of their driveways and escorting them to the nearest cross street, runner traffic permitting. Residences with homes on the course will receive a direct mailing from St. Croix informing them of specific Race timelines and will be given a direct "hot line" number to reach on Race day. Further, on the night before the Race, St. Croix will attempt to make personal contact with owners of vehicles that appear to be parked on the Race course. This will be done in conjunction 3 with the Stillwater Police Department. Every effort will be made to minimize or even eliminate the involuntary towing of vehicles because of the Race. By April 1, 2009, a Road Closure Plan must be agreed upon by St. Croix and the Stillwater Police Chief. 9. Garbage and Rubbish Removal. All garbage and refuse generated by the Marathon, including that left by spectators, will be removed properly and disposed of by sundown on the day of the Race. ill Portable Toilets. St. Croix will provide approximately 250 portable toilets' that will be placed near the starting line, near the finish line, and spotted throughout the course in keeping with Standard Race Requirements. All portable toilets will be removed by the close of business on Monday May 25th. In the event that all portable toi lets are not removed in accordance with this requirement. the City is authorized to contract for and remove the toilets and add to costs so incurred to the costs that 5t. Croix is required to pay pursuant to ~24 of this Agreement. ____MM__~~_____) ~matted: Heading 1 r Formatted: Bullets and Numbering J- ~.~._..._~---~-~--~ 11. Water Stops and First Aid Stations. Water and first aid stations will be i4 [F~~t;d;B~"et;~~~~~be~;;;g--:=J established at the start, finishes, and throughout the race course in keeping with National Race Standards for marathons. 12. Emergencv Plan. The Race emergency plan will be designed by St. Croix with the assistance of National Marathon experts, Police and Fire Departments for the communities through which the Race will pass, and Lakeview Hospital Emergency Services. Further, St. Croix will retain a qualified medical doctor (MD) with expertise regarding marathons to review and approve the life safety aspects of the Emergency Plan. 4 " The City reserves the right to review and approve the MD so selected, and St. Croix must provide proof to the City that the MD so selected has been retained for this purpose. St. Croix agrees to authorize the MD to cancel the Race as required to protect the health and safety of the Race participants. 13. Food. Liquor and Vending. St. Croix will not provide commercial food, liquor or vending, nor will they license others to provide these services to race participants in City parks. This provision will not prevent St. Croix from reaching agreement with the Chamber to develop a food or beverage vending plan for the event for the parks, nor does this provision prevent St. Croix from providing food and nonalcoholic beverages to Race participants. 14. Closing of the Course. All barricades and cones will be removed and the Race courses closed by 1 :00 p.m. on Race day. 15. Insurance. Hold Harmless. and Indemnitv. St. Croix agrees to indemnify and hold harmless the City with regard to any claims, causes of action or demands that might be brought against the City arising out of the events authorized by this Agreement; and further, St. Croix agrees to provide to the City evidence of insurance coverage of at least $1,GOO200,000 of combined single limits covering claims that might be brought against them that arise out of the events authorized by this Agreement and to name the City as an additional insured on their policy "as their interest may appear." 16. Public Information. St. Croix will make every reasonable effort to notify property owners and businesses along the Race courses of any restrictions that might be placed upon their movements during the Race. Leaflets providing this information must be 5 delivered to each such owner by mail one week before the race and delivered to the mailbox of each owner on the Friday before Race day. 17. Promotional Activities. St. Croix will work with the local Chamber to develop a Race packet that includes information to promote local business and restaurants. St. Croix will also display the City of Stillwater Lumberjack Logo on all promotional advertising, whether in print or web based. 18. Economic Impact Survey. An Economic Impact Survey (the "Survey") must be completed by a third party experienced in the conducting of such surveys, that will study the economic impact of the Marathon on the economic health of the Stillwater area. The cost of such a ~fiurvey, if the proposal is approved in advance, will be paid in equal shares by the City, the Chamber and St. Croix. The design and development of the Survev and the choice of the third party to conduct the Survey wi II require the approval of the City. the Chamber. St. Croix and the Stillwater and Oak Park Heights Convention and Visitor's Bureau ("CYB"). The results of the Survey will be made available to all parties, 19. Hospitality .Bag. The Chamber \"illbe developing a hospitality handout- that will include local marketing information and items intended to promote local business, This bag will be distributed to Race participants bv St. Croi x during the registration process, This cooperation by St. Croix will be done without charge to the Chamber. The bag will be used to distribute St. Croix's Race information as well as the Chamber's materials. 20, Community 'participation. Thec;itywill\\,orku\Vith St. Croix and the Chamber to encourage community participation in Race preparation and Race conduct. 6 " {F~~;~ttec.: Bullets and Numbering ~rmatted: No underline . l~_.~,.__~~_____ I ~ . C ~rmatted: No underline J This effort wiII include press releases, mail and media announcements that will describe opportunities for the involvement of local citizens in this Marathon Event. -I-9-:2..L Runner Tracking. St. Croix will equip each runner with a computerized chip and provide a link for the public to access that information by remote computer. Any kiosk or computer that is established for the viewing of the Race at remote locations will be given access to the website. ~22, Police Power. The City reserves the right to shut down the Race in the event the Chief of Police determines that the public safety is threatened, or the health or safety of Race participants is threatened because of weather, temperatures, or any unforeseen cause that threatens the public health or safety or if closure is directed by the Medical Doctor designated by the Race in the Emergency Plan. ~23, Exclusive Use of Lowell Park and Pioneer Park. St. Croix is entitled to the e)(clu~;i\c use of both Pioneer Park and Lowell Parks during set up. execution of the Race, and tear downRucc day. St, Croix agrees to allow continued casual public use of the Parks during this period, 24. City Costs. St. Croix must reimburse the City for the costs of the City Police Department, Public Works Department, and Fire Department needed to safely conduct and maintain the Marathon and supporting events. A deposit must be made with the City by St. Croix no later than one week before the Race in the estimated amount of City costs, as determined by the City Administrator after consultation with St. Croix. n In the event of a cancellation of this Race after the deposit is made, the City. will be entitled to deduct actual out of pocket costs incurred in preparation for the Marathon, before returning the balance to St. Croix. 7 CF;;matted: _~l!~ First Indent ft25. Naming Rights. Rights to the name "Stillwater Marathon" and any logo o~ brand developed for the Race will remain the property of St. Croix. Registration of the name or logo as a trade name or trade mark is reserved in St. Croix. In the event that the event is abandoned by St. Croix, St. Croix will convey all rights to the name and logo to the City for nominal consideration. ;M.;26, Term. The term of this Agreement will be one year unless terminated earlier by the City on public safety grounds. HO'Neyer, in the. event that the Marathon prm'es well run and ha~; a positive in~pact on the City, the partie~; agree to meet and consider a multi year extension.ln the period immediatelv following the Race. the Citv agrees to meet and confer with St. Croix. the Chamher. and the CVB in order to evaluate the inmact of the Race on the communitv, If the evaluation reveals a positive impact on the community. the City agrees to consider a longer term contract. The evaluation process must he completed hy September 30.2009, IN WITNESS WHEREOF, the parties have set their hands effective the day and year first written above. ST. CROIX EVENTS, INC. By David Eckberg Its President 8 fFc;~matted: Bullets and Numbering c- STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _ day of December, 2008, by David Eckberg, the President, the duly authorized agent for ST. CROIX EVENTS, INC., a Minnesota corporation. Notary Public CITY OF STILLWATER Ken Harycki, Its Mayor ATTEST: Diane F. Ward, Its City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _ day of December, 2008, by Ken Harycki, Mayor, and Diane F. Ward, Clerk, for the City of Stillwater. Notary Public 9 lCCO ~~ C ... iii.8 E QI U QI C CD ... l!! ::::J .. U ::::J ... .. l/) Cl c :i! ... III Q. ... .!l III ~ ;:; l/) ~ 0 0 0 0 0 0 0 0 .; 0 0 0 0 0 0 0 0 ;~ 0 0 0 0 0 0 0 .,; 0 0 0 0 0 <t 0 "- '" '" 0 "- <<> <t "'. <c . .0 r5 r-: 05 05 05 .0 + ~ <<> 0 0> ;;; :;;: :;;: 0 ;;; .. '" '" CO .. .0 .0 .0 .0 .0 .0 .0 .0 .. 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L{) CD .... co '" '" ;;:; ~Ill co '" '" '" 0 ~ N ,..: ,..: ,..: ,..: Iii Iii .0 .0 ... ... ... ... ... ... ... ... ... x x x x x x x x ~(.) ... x x x x x ~Ill x x x ... x x x x x x x x ~<c :5!-g x x x x x x x x III 0 III III ~ Ql 0 () III 1: .~ .. Ql :2 .. Ql () " ~ c. (f) .~ .S! E c C Ql .. " c 0 0 (f) .$ l! 0 0 n 1: 0 "" l: III l: ~ 0 -' e! ,Q E Ql 0 () (.) -' 0 1:> III .c 1:5 c c. c .. E 0 III 5 E 0 c. 0 ~ 0 0 E III " III 0 l: l: C C 0 l: " 0 0 ID 0 .. ~ 0 0 III 0 ::c .<= l: () '5 ., ~ -' 1:: c.. 0 :2 c Ql 0 0 <( 0:: 0 l<: s: 0:: c.. Z CD Ol 01 a.. ~ D- O , . (<.r \ MEMORANDUM To: Larry Hansen, City Administrator Rose Holman, MIS Specialist ~ 12/09/08 From: Date: Subject: Capital Expenditures for 12/16/08 CC meeting I have two expenditures that I would like to see approved at the 12/16/08 meeting. 1) Renewal of annual agreement for our web and e-mail filtering software. This software needs to be renewed each year in order to maintain updated information for managing the web, protecting our network, controlling inbound threats and blocking spam, phishing and viruses. It is very important to the health our network to keep this software up to date. There was $3000 budgeted for this agreement, however, Surfcontrol was purchased by Websense in 2008 and we need to upgrade our software to Websense. We have been given a great deal on this upgrade but the cost will be $4,687.40. Which is more than was budgeted. Th~re should be money available from unpurchased capital expenditures that can be use for this upgrade. 2) Purchase of new phone system for the St. Croix Valley Recreation Center. The current phone system is in serious need of updating. Many of the phones are duct taped together and the current system is not capable of voice mail, many basic calling features, and has not been maintained for growing needs of the Recreation Center. It was installed when the building was fIrst built and has not been upgraded since. With new staff, new programs, and increasing communication needs this system needs to be upgraded to meet these demands. The cost of a new system will be $6900.00. There was $8000 budgeted for this in 2008 capital outlay. LOFFLER 't 1101 East 78th Street * Bloomington, MN 55420 Phone: 952-285-2155 * Fax: 952-925-6853 QUOTE Date ~l 'r Quote # ...._ _....... ...",~,.,...N.-_-,.,,_,.v..,........... AAAQ 1 589 Bill TO: City of StiUwate r Rose Holman 21~ 1\1, 4th Street Stillwater, MN 55082 Ship To: City of Stillwater Rose Holman 216N. 4th Street Stillwater, MN 55082 Phone: 651 430-8804 Fax: Phone: 651 430-8804 Fax: Terms Rap P.O. Number Ship Via BradZ I Unit Price Ext. Price r Ln"# r Qty Description NEC SV81 00 Basic Package: 1- 4 Port CO/Line Card 1- 4 Port Analog Card 1- 8 Port Digital Card 5 - 6 Button Digital Display Phones 3 - 12 Button Digital Display Phones 1 - 4 Port UMS 8000 Voice Mail $6,353.44 $6,353.44 5 years Parts Warranty . 5 years Software Upgrades Includes Complete Installation and Training Note;~lJlltpomer toPrOyid.El2Sl...QQrdle$$..~~qnes~ ThA'.s \rv"1,,1 tt tivb-rut $/lf-O.OO SubTotal Sales Tax Shipping Total $6.353.44 $412.97 $0.00 $6,766.41 PRICES SUBJECT TO CHANGE - PRICES BASED UPON TOTAL PURCHASE - ALL DELIVERY, TRAINING OR CONSULTING SERVICES TO BE BILLED AT PUBLISHED RATES FOR EACH ACTIVITY INVOLVED - GENERALLY ALL HARDWARE COMPUTER COMPONENTS PROPOSED ABOVE ARE COVERED BY A LIMITED ONE YEAR WARRANTY, COVERING PARTS AND LABOR ON A DEPOT BASIS - WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES ORWITH REGARD TO ANY LICENSED PRODUCTS. WE SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, INTERRUPTION OF BUSINESS, NOR FOR INCIDENTIAL OR CONSEQUENTIAL MERCHANTABILITY OR FITNESS OF PURPOSE, DAMAGES RELATED TO THIS AGREEEMENT. MINIMUM 15% RESTOCKING FEE WITH ORIGINAL PACKAGING. Page 1 Page 1 · The Right Technology. Right Away. 111 SALES QUOTATION www.CDWG.C:Dm 800-808-4239 ROSE HOLMAN ~ 216 4THST N L L CITY OF STILLWATER T STILLWATER, MN 55082-4807 o Customer Phone # 6514308804 CITY OF STILLWATER ~ 216 4TH ST N I P ROSE HOLMAN STILLWATER, MN 55082-4898 6 Contact: ROSE HOLMAN 651-430-8804 Customer P.O. # WEBSENSE RENEW QUOTE 100 NEW-ITEM NEW ITEM 1.25 125.00 Mfg': CDW-NEW-ITEM Contract: MARKET WEBSENSE WF2SS-D-CP02-M WEBFLTR TO SS MIGRATE ONLY 100U ~~~~ FOR REGULAR NEW ITEMS, ENTER Distributor part , OR Manufacturer part * Manufacturer name Product Description Manufacturer phone number 100 1523912 WEBSENSE WEBFILT/SS RNW MIGR lY 100U 20.61 2061. 00 Mfg': WBS-WF2SSR-D-CP12-M Contract: MARKET WEBSENSE WF2SSR-D-CP12-M l2MO RNWL WEBFLTR TO SS MIGR AND 100 100 1530172 WEBSENSE EMAIL SEe lY RNW 25-100 22.05 2205.00 TOTAL . Continued CDW Government, Inc. 230 North Milwaukee Ave. Vernon Hills, IL 60061 General Phone: 847-371-5000 Fax: 847-419-6200 Account Manager's Direct Fax: 312-705-9247 Please remit payment to: CDW Government, Inc. 75 Remittance Drive Suite 1515 Chicago,lL 60675-1515 Page 2 i. · The Right Technology. Right Away. ... SALES QUOTATION www.CDWG.com 800-808-4239 ROSE HOLMAN ~ 216 4TH ST N L L CITY OF STILLw.ATER STILLWATER, MN 55082-4807 T o CITY OF STILLWATER ~ 216 4TH ST N I P ROSE HOLMAN STILLWATER, MN 55082-4898 6 Contact: ROSE HOLMAN 651-430-8804 Customer P.O. # WEBSENSE RENEW QUOTE Customer Phone # 6514308804 Mfg#: WBS-WES-A-CP12-R Contract: MARKET SUBTOTAL FREIGHT SALES TAX 4391. 00 .00 296.40 TOTAL . US Currency 4,687.40 CDW Government, Inc. 230 North M1lwaukee Ave. Vernon Hills, IL 60061 General Phone: 847-371-5000 Fax: 847-419-6200 Account Manager's Direct Fax: 312-705-9247 Please remit payment to: CDW Government, Inc. 75 Remittance Drive Suite 1515 Chicago, IL 60675-1515 QtWw~ THE """PlAC' OF .'NN"O~) AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street December 16, 2008 REGULAR MEETING 7:00 P.M. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES - Possible approval of December 1,2008 regular an";, PUBLIC HEARINGS - Olilf:of res or less. 3. City Clerk Finance Director Finance Information 8. City Administrator PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Proclamation: Stillwater Girls Swimming & Diving Team OPEN FORUM The Open Forum is a portion of the Council meeting to addr the meeting agenda. The Council may take action or reply a staff regarding investigation of the concerns expressed. Ou limit your comments to 5 minutes or less. STAFF REPORTS 1. Police Chief 2. Fire Chief 4. CONSENT AGENDA (Roll Call) 1. 2. 3. 4. 5. 6. 7. 8. rs in attendance lease limit our comments to 10 minutes 1. Case No. 08-40.This ime for a public hearing to consider a request from Washington CourHYPl;i!#' . .Works for a Vacation request for a 166 x 30 foot portion of Panama Avenue and a 82 x 60 fod . of Hubert St in the AP, Agricultural Preservation District and any variances related thereto. 2. Case No date and time for a public hearing to consider a request from Stillwater Select Pr rties, Gr Johnson for final plat approval of Select Senior Living of Stillwater; approval of developme agreement; first reading of a Zoning Ordinance text amendment to allow senior care living facilities in t , Lakeshore Residential zoning district by Special Use Permit; and minor comprehensiy;. plan amendment changing the future land use designation of the project site from SFSL, Single Family Small Lot to SFLL, Single Family Large Lot for the property located at 12525 75th Street North in the AP, Agricultural Preservation District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on November 28, 2008. (Resolution Developer Agreement - Roll Call; 1 st reading of text amendment - Roll Call) UNFINISHED BUSINESS 1. Stillwater Marathon - 2009 2. Possible second reading of Ordinance 1002, an ordinance amending Chapter 31, entitled Zoning Ordinance by changing regulations related to signage in the BP-Business Park Zoning District. NEW BUSINESS 1. A resubdivision of one parcel back into the two originally platted lots located at 915 West Abbot Street. Ray Loida, Jr., applicant. (Resolution - Roll Call) 2. Possible approval of bids and awarding contract for Parking Ramp (available Tuesday) (Resolution-Roll Call) 3. Possible approval to carryover Capital Outlay Items (Resolution -Roll Call): a. MIS b. Fire Department c. Public Works, Parks, Streets, Sewer d. Recreation Center e. Police (available Tuesday) 4. Liberty Stop Sign Study 5. Lights relating to Lofts of Stillwater 6. Possible appointment to the Library Board (Resolution - Roll 7. Possible appointment/reappointment for Heritage Prese tion 8. Possible appointment/reappointment for Human Righ mission ( 9. Possible adoption of resolutions for 2009 Budget & T . (2 Resolutio 10. Possible approval of portable digital recording sy~tem for y Council, s Dept. Admin. Hearings - Administration . n (ResQlution - Ro tion -lgol1 Call) Roll u.~IJ) al cO.t'rlt'rlissions & Police PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDAt COMMUNICA TIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) * All items listed un enacted by one m citizen so request separately. the consent on. There wH which evenf, to be routine by the uity Council and will be d cussion on these items unless a uouncil Member or e removed from the consent agenda and considered ADJOURNMENT 2 ter 'NI ,1I'Nf'LAte OF ...'n.llA CITY OF STILLWATER CITY COUNCIL MEETING DECEMBER 1, 2008 (MONDAY) 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 Clerk Ward OTHER BUSINESS Restricted Waters Discharge Assessment - Bob Barth. Bonestroo Public Works Director Sanders explained that the City has contracted with Bonestroo to do its discharge waters assessment of the St. Croix River, a requirement of the MS4 Permit. Bob Barth of Bonestroo provided the Council with an overview of the permit requirements and the possible ramifications of the study/assessment. Two of the requirements have already been met - mapping the area/extent of the discharge to the St. Croix and listing the waters to which water is discharged. The assessment involves a comparison of land use over time. Mr. Bath provided a table taking the 2030 land use and comparing it to the 1985 conditions, the year the St. Croix was designated an outstanding resource-value water, along with the current conditions. The analysis, he stated, compares pollutant loads across three times, which is done essentially through GIS. He noted that City staff time is being utilized to develop some of the maps and initial data requirements for the analysis. He said pollutant loadings will be reported Citywide as well as on a drainage area basis. He noted there are seven major sub- watersheds in Stillwater; the watershed comparison is done to determine if there are any distinct differences in pollutant loadings to specific water bodies. He stated pollutants of concern at this time are total phosphorous, total suspended solids, and annual water runoff volume. He noted that according to preliminary results, it is water City Council Meeting December 1, 2008 volume that has been identified as the major issue. He reviewed the data in several tables. He noted that as land use has changed, the loading of total phosphorus has increased 400 pounds per year since 1985, about a 10 percent increase, total suspended solids haven't increased much, but water volume has gone up about 10 percent as well, by about 400 acre feet. The next step would be to develop a plan to deal with the increased loading(s). Councilmember Milbrandt asked how the City is to balance what the Met Council has mandated as the City's growth capacity, with the MPCA mandate to eliminate water volume runoff. Mr. Bath there will be a meeting with the MPCA on that subject in December; he spoke of another city, Dayton, which is finding that the Met Council's required density may not be obtainable if it has to deal with runoff volume and consider that a pollutant. Mr. Barth said Stillwater's runoff volume is a little less to deal with than the other city in question, but he suggested that the City would not want to hinder new development so much that it is not feasible. He said the City could implement projects overtime, such as the City is doing now, to work at getting the necessary 400 acre feet reduction in volume. Mr. Barth also pointed out the City is not compelled to work on the loads that existed prior to 1985, although it may do so for credits against other loadings. Councilmember Polehna suggested the City will have to work with the various watersheds to obtain its goals. Mayor Harycki asked how long the City will be given to reach the pre-1985 levels; Mr. Barth said he wasn't sure about the MPCA requirements but suggested that the City would propose that it be over the term of its land use plan, 2030. Mayor Harycki asked about the amount of reduction achieved by installing rain gardens, such as was done with the Eagle Ridge street project; Mr. Sanders said he wasn't sure there is a way of calculating that, but noted that the rain gardens are a requirement of the Middle St. Croix Water Management Organization. Mr. Barth suggested that such projects should be calculated retroactively for credits as part of the permit. Mayor Harycki asked about phosphorus loading. Mr. Barth suggested that the City focus on the water volume; if the City succeeds in reducing the runoff volume by the 400 acre feet, phosphorus will follow and go down more than needed to meet the 1985 conditions, he stated. Library Update - Richard Edstrom Mr. Edstrom thanked outgoing Councilmembers Milbrandt and Nyberg for their efforts on behalf of the library. He noted that in September, the library was facing a possible deficit but has managed to close that gap through increasing some revenues and controlling expenditures. He stated the Foundation is up and running, with its first major event on the 4th of July, which netted about $22,000, and he noted that the calendar of event reservations for 2009 is looking good. He said that the library is in the process of interviewing for two new board members, with the names to be forwarded to the Council in the very near future; he also noted the Foundation board is soliciting new members at this time. Page 2 of 11 City Council Meeting December 1, 2008 Mr. Edstrom noted that in the budget submitted to the City, it was presumed the library would reopen on Sundays in 2009. Councilmember Polehna noted that the Council had received a complaint last spring regarding noise and asked if that issue has been resolved. Library Director Bertalmio stated there had been one complaint, but that was with an I Pod user playing music after the band had stopped. Police Chief Gannaway stated that his department has not received any complaints. STAFF REPORTS Fire Chief Glaser referred to a memo in the packet requesting permission to advertise for paid, on-call firefighters. He noted his department is currently three paid, on-call staff short at this time and anticipates there could be additional resignations early in 2009. He also noted that the process of interviewing, hiring, background checks, etc. takes about three months. Mayor Harycki pointed out that when the Council instituted a hiring freeze, it did so with the understanding it was not to affect public safety. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to approve the request to advertise for paid, on-call firefighters, as presented. All in favor. Mayor Harycki informed the audience that the first-ever Stillwater fire blood drive was scheduled for Tuesday, December. 9, from 2 to 7 p.m. City Clerk Ward noted that she had one late Consent item, a temporary liquor license application from Valley Chamber Chorale for an event at the Historic Courthouse Dec. 5-7, and asked that the Council add that item to the Consent Agenda. Community Development Director Turnblad provided an update on nuisance properties. He stated there were only six properties that the City had to send out a contractor to clean up, and that the City had no repeat complaints once the properties were cleaned up. He said there had been a question as to whether the same process could be used during the winter, for shoveling; as a result, staff solicited bids for snow removal for the Council's consideration. If the Council chooses to use the same process, staff would recommend that the bid be awarded to A-1 Maintenance. Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2008-167, accepting quotation and awarding contract to A-1 Maintenance for snow removal services for 2008-09. Ayes: Councilmembers Polehna, Milbrandt, Nyberg, Gag and Mayor Harycki. Nays: None Councilmember Polehna brought up an issue with a house near Stillwater Country Club where the owner appears to be running a boatlRV storage business and asked whether that is allowable. Mr. Turnblad said staff is aware of the situation and has been working with the owner to address the problem. Page 3 of 11 City Council Meeting December 1, 2008 Public Works Director Sanders provided information about Chestnut Street as requested at the previous Council meeting. He stated that the width of Chestnut prior to this year's reconstruction project was 30 feet; staff had proposed a 28' width but during construction there was a problem with retaining walls due to some of the grades so the street was narrowed to 26' in width, for that section of street ~etween Fourth and Fifth. He said he had received a call from a property owner citing a problem with the trolley and requesting no parking on the south side of the road; Mr. Sanders said he thought there is ample room for parking on both sides of the street given the amount of traffic on the street. Councilmember Milbrandt asked if the City receives a copy of the trolley's route in conjunction with the annual permit request and suggested that might be a prudent thing to do in the future. No action was taken on the parking request. Mr. Sanders told the Council that the City has been notified it will not be subject to a surcharge for excess inflow due to credit received for working at reducing inflow through manhole repair and monitoring of flows. Mayor Harycki asked Police Chief Gannaway to check on the status of winter parking . rules for Willow or Poplar - whichever street had a problem with the odd-even parking regulations last year. City Administrator Hansen noted that he and Finance Director Harrison will begin working on the City's annual capital bond sale. With the freeze that the Council has imposed on capital purchases, he asked for Council direction on whether to proceed with the bond sale. Mr. Hansen said he would urge the Council to proceed with the bond sale; otherwise options will be very limited. He stated staff will still seek approval of major purchases. Mayor Harycki agreed that staff should proceed with the bond sales. Meeting recessed at 5:15 p.m. 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 Page 4 of 11 City Council Meeting December 1, 2008 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 November 18, 2008, regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Fire Chief Glaser stated the Stillwater Fire Department, in cooperation with the American Red Cross, is hosting a blood drive on Tuesday, Dec. 9, 2 to 7 p.m. in the training room at City Hall. He encouraged folks to call Rose Holman to make an appointment to donate. City Administrator Hansen noted that the City would conduct its Truth in Taxation hearing later in the meeting. He noted that if people were present to complain about assessed valuation, the Truth in Taxation hearing is not the forum for doing that; the forum for commenting about assessed valuation is the Board of Equalization which will take place in April and is hosted by the County. Possible approval of contract for 2009 Stillwater Marathon Mayor Harycki noted that this item had been removed from the agenda at the request of St. Croix Events and the Greater Stillwater Chamber. OPEN FORUM There were no public comments. CONSENT AGENDA Mayor Harycki noted the Consent Agenda should be amended to include the temporary liquor license for Valley Chamber Chorale. City Clerk Ward reviewed the Valley Chamber request. Motion by Councilmember Milbrandt, seconded by Councilmember Gag to approve the Consent Agenda, including item NO.6. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None 1. Resolution 2008-163, directing payment of bills 2. Possible rollover of capital funds - Library Page 5 of 11 City Council Meeting December 1, 2008 3. Resolution 2008-164, accepting work and ordering final payment for Phase II Utilities Project (Project 2006-09 A & B) 4. Resolution 2008-165, approving maintenance agreement with PWC for Public Works Radio System 5. Resolution 2008-166, adopting Lake Elmo Bank assessment 6. Temporary Liquor License - Valley Chamber Chorale PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or less. This is the date and time for a public hearina for Truth in Taxation. Notice was published in the Stillwater Gazette on November 24. 2008. City Administrator Hansen gave a presentation highlighting the proposed 2009 budget and tax levy. He noted the proposed budget and taxes are up slightly from last year, but the tax rate, the rate that determines the amount of the properties taxes, is down somewhat. He also noted that despite a drastic decrease in construction projects, the City's taxable market value is up from last year. He briefly highlighted services provided by the City, revenue sources, levy limits, and operating expenditures. He pointed out that the City had to eliminate three full-time positions to balance the '09 budget, with the majority of the budget at a 0 percent increase over last year. He reviewed a chart indicating the historical trend in declining state aid and increasing dependence on property taxes to fund local services and a flow chart showing how property taxes are determined. He concluded by comparing the 2008 and 2009 tax rate and a comparison with neighboring municipalities. He invited residents who would like further information to contact him or Finance Director Harrison at City Hall. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Case No. 08-46.This is the date and time for a public hearina to consider a request from the City of Stillwater for a zonina text amendment to the sian reaulations. Section 31-509. Subd. 8. related to sianaae in the BP-Business Park zoning district and any variances related thereto. . Notice was published in the Stillwater Gazette on November 21.2008. Community Development Director Turnblad reviewed the proposed change to signage regulations for the West Business Park area of the City. He noted two basic changes are proposed - allowing both a wall sign and free-standing sign and limiting total square footage of all signage on one property to 15 percent of the front wall size with a maximum of 300 square feet. He said both the Planning Commission and Heritage Preservation Commission worked on the proposal and are recommending approval. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Page 6 of 11 City Council Meeting December 1, 2008 Mayor Harycki asked if the new regulations would apply to the area by the Associated Eye Clinic, noting there had been an issue with signage in that area. Mr. Turnblad stated that the signs of issue would be allowed under this proposal. In discussion, it was noted that the area west of County Road 5 is a different zoning district, Research & Development, rather that BP-Business Park. Rather than changing the language in this amendment to include R&D, Councilmember Milbrandt suggested developing similar signage regulations specific to that zoning district. Councilmember Polehna verified that the Heritage Preservation Commission had considered the proposal. Mr. Turnblad stated that although the HPC took no formal vote, that Commission's comments were incorporated into the language of this proposal. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna approving the first reading of the ordinance and to direct staff to develop a draft of an ordinance for the R&D District. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None This is the date and time for a public hearino to consider approvino the Review Draft of the 2030 Comprehensive Plan. Notice was published in the Stillwater Gazette on November 25. 2008. . Community Development Director Turnblad noted the Council has seen the draft pf the 2030 Comprehensive Plan on several occasions. In addition, the Joint Board, Planning Commission, Parks Commission and Heritage Preservation Commission have reviewed the chapters pertinent to their areas and have recommended approval of the review draft. Mr. Turnblad also spoke of the many hours spent by the steering committees and community input that has gone into the document. While the Planning Commission held the required, official public hearing on the document, he stated that staff felt it might be appropriate for the Council to hold a hearing as well to hear any concerns the public might have first-hand. Mr. Turnblad reviewed the timetable for final adoption by the Council. . Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Motion by Councilmember Nyberg, seconded by Councilmember Gag to adopt Resolution 2008-168, approving the review draft of the 2030 Comprehensive Plan. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Page 7 of 11 City Council Meeting December 1, 2008 UNFINISHED BUSINESS Capital Purchases City Administrator Hansen noted that at the last meeting, items 7-12 of the Consent Agenda were pulled for discussion due to the Council's direction to institute a capital expenditure freeze, giving the City Administrator discretion to make recommendations on purchases. He stated he had reviewed items 7-12, with his recommendations included in the packet; and recommended approval of the majority of the purchases, but recommended that two of the requested purchases not be approved. Councilmember Polehna asked Public Works Director Sanders how frequently the City borrows traffic counters from the County. Mr. Sanders stated that varies, but noted that in 2009, the City has to do traffic studies on all of its state-aid streets. Councilmember Polehna asked if the City would be able to keep the counters for an extended amount of time, speaking of the staff time involved in continually picking up and returning borrowed counters. Mr. Sanders said the City has not utilized the County's equipment on a regular basis, but pointed out that the vendor had offered the City a very good price on the equipment. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2008-169, approving the purchase of capital outlay items, as outlined in Mr. Hansen's memo. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible approval to donate Frisbee Golf Equipment to Stillwater Junior High School Community Development Director Turnblad reviewed the request for the City to donate the Frisbee golf equipment to Stillwater Junior High. He state'd during the initial consideration of the request, two issues were raised - approval of the original donor of the equipment and review by the Parks Commission. Those two issues have been satisfied, he stated: the Sunrise Rotary Club has given the OK of the transfer of the equipment to the Junior High and the Parks Commission has recommended approval of the request on a 6-0-1 vote. Motion by Councilmember Polehna, seconded by Councilmember qag to adopt Resolution 2008-170, approving the donation of Frisbee Golf Equipment to Stillwater Junior High. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Page 8 of 11 City Council Meeting December 1, 2008 NEW BUSINESS Possible appointment/reappointment for Plannina Commission (Resolution - Roll Call) City Clerk Ward stated that interviews for the Planning Commission were held and the recommendation is to appoint Dave Middleton, John Malsam and Michael Kocon. Ms. Ward stated the interview committee also recommended that the position previously held by Erica Fultz be re-advertised to have more balanced Ward representation on the Commission. Ms. Ward stated the position has been re-advertised, with applications due by December 8. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2008-171, approving appointments to the Planning Commission. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible appointment/reappointment for Park & Recreation Commission City Clerk Ward stated interviews were held and the recommendation is to reappoint Linda Amrein, Scott Christensen and Sandy Snellman to the Parks and Recreation Commission. Motion by Councilmember Nyberg, seconded by Councilmember Polehna to adopt Resolution 2008-172, approving appointments to the Park & Recreation Commission. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible approval of acquisition of property in the Myrtle Street Ravine Public Works Director Sanders told the Council that staff has been looking at doing a project, the Myrtle Street ravine project, in the area south of Myrtle Street, east of William down to Sixth Street. He said the ravine has been subject to significant erosion over the years, and there is currently no way to catch the sediment that is eroding away. He said the project would involve installing a storm sewer conveyance into a pond that would trap the sediment before it flows into the St. Croix River. Most of the work would be done on City property, but toward the western portion of the project area, there are two privately-owned properties the City would have to work in. He said staff has contacted the two property owners in question, and one of them has indicated a willingness to sell his property (two parcels) to the City. Mr. Sanders said the parcels are vacant, non-buildable parcels. He said the two parcels have been offered for a purchase price of $2,500. Page 9 of 11 City Council Meeting December 1, 2008 Councilmember Polehna asked if this purchase would impact the possible purchase of the other property. Mr. Sanders stated this particular property owner just gave the City the price; he noted that the City received an estimate for an appraisal of the property of $900. Mr. Sanders also noted that the City would only need about a 20' wide strip of land from the other property owner. . Motion by Councilmember Nyberg, seconded by Councilmember Gag to adopt Resolution 2008-173, resolution approving the purchase of Lots 9 and 11, Block 12, Thompson, Parker and Mower's Second Addition from Kennth F. Seefort Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Donation -Washinaton County Historical Society City Administrator Hansen stated he had received a request for a donation from the Washington County Historical Society. He noted this would be a non-budgeted item. Mayor Harycki asked if the City had made a donation of funds in the past. City Attorney Magnuson pointed out the City had purchased the Boutwell Cemetery from the Society, which was a conveyance of land rather than donation, but which did support the Society's efforts for a number of years. Councilmember Milbrandt stated that he thought it odd that the City had never come up with support of the Historical Society and spoke in favor of a five-year plan to provide the Society with some stability over the next several years. Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to commitment of $10,000 over the next five-years. Mayor Harycki said he could see supporting the Historical Society's efforts but not committing to a five-year plan at this time, outside of the regular budget process. Councilmember Nyberg spoke in favor of Councilmember Milbrandt's approach to give the Society some stability. Councilmember Gag agreed that supporting the Historical Society would be a worthy contribution, but agreed it should be done in conjunction with the budget-setting. Councilmember Milbrandt withdrew his motion and Councilmember Nyberg his second. Councilmember Polehna expressed a concern about setting a precedent, given the expected magnitude of the state budget shortfall; it was noted the motion was for a one- time donation, with the Society to present a proposal for consideration in the next budget process when the financial picture will be clearer Motion by Council member Milbrandt, seconded by Councilmember Nyberg to adopt Resolution 2008-174, approving donation to the Washington County Historical Society, a one- time donation of $1,000 and request that the Historical Society prepare a proposal for consideration by Council in August 2009. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Page 10 of 11 I City Council Meeting December 1, 2008 COUNCIL REQUEST ITEMS Councilmember Polehna asked City Clerk Ward if the City h~d advertised for openings on the Human Rights Commission. Ms. Ward said that has been done and she is waiting for a response from the Chair. Ms. Ward said appointments will be on the next meeting's agenda. Councilmember Gag thanked the Fire Department for its participation in the annual Twinkle Parade. ADJOURNMENT Motion by Council member Nyberg, seconded by Councilmember Polehna to adjourn at 8: 10 p.m. All in favor. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2008-163, directing payment of bills Resolution 2008-164, accepting work and ordering final payment for Phase II Utilities Project (Project 2006-09 A & B) Resolution 2008-165, approving maintenance agreement with PWC for Public Works Radio System Resolution 2008-166, adopting Lake Elmo Bank assessment Resolution 2008-167, accepting quotation and awarding contract to A-1 Maintenance for snow removal services for 2008-09 Resolution 2008-168, approving the review draft of the 2030 Comprehensive Plan. Resolution 2008-169, approving the purchase of capital outlay items Resolution 2008-170, approving the donation of Frisbee Golf Equipment to Stillwater Junior High Resolution 2008-171, approving appointments to the Planning Commission Resolution 2008-172, approving appointments to the Park & Recreation Commission Resolution 2008-173, resolution approving the purchase of Lots 9 and 11, Block 12, Thompson, Parker and Mower's Second Addition from Kennth F. Seefort Resolution 2008-174, approving donation to the Washington County Historical Society, a one-time donation of $1,000 Page 11 of 11 City O~ g tiQQwote/l, uUitltlegoto CP /lOcQomotiOtl WHEREAS, THE STILLWATER GIRLS SWIMMING & DIVING TEAM, are the 2008 MINNESOTA STATE mGH SCHOOL LEAGUE CLASS AA STATE CHAMPIONS!; WHEREAS, the team had 92 athletes this season, they had 10 wins and 0 losses; along with being: · SEC Relay Champions · Eden Prairie Invite Champions · Minneapolis South Invite Champions . SEC East Conference Champions · SEC East Conference N Champions · MSCA Class AA True Team State Champions · MSHSL Section 4AA Champions · MSHSL Class AA State Champions and WHEREAS, the team set 10 new school records, 8 new Section 4AA records, 6 new Suburban East Conference records and 4 all-time state records; and WHEREAS, the team had 46 Section 4AA qualifiers, 9 Section 4AA Individual Champions, 3 Section 4AA Relay Champions, 13 All Conference Athletes, 5 All Conference Honorable Mention Athletes, 3 Individual State Champions, 2 relay State Champions, 9 All State Athletes, 9 All American Athletes, 4 Academic All American Athletes and 54 Perfect attendance award winners; and . WHEREAS, the team had a Section 4AA Diver of the Year and a Section 4AA Swimmer of the Year; and WHEREAS, the Diving Coach received the Section 4AA Diving Coach of the Year award; and WHEREAS, the Swimming Coach received the Section 4AA Swimming Coach of the Year. NOW, THEREFORE, I, KEN HARYCKI, by virtue of the authority vested in me as Mayor of the City of Stillwater, do hereby proclaim DECEMBER 17, 2008 - STILL WATER GIRLS SWIMMING & DIVING TEAM DAY vUayoll ;: 00 0 Q) 0 N -- > ~ Q) ~ ..c Q) E > Q) > 0 0 Z :J n:s ~ ...c -- r- U c: n:s c: -- LL o z ::> LL. ....I <( c::: LU Z LU l) ~ c (J) E c ~ (J) >- V'l >~.::::L. o (J) ~ LJ4-0 ~s ro ~ u u (J) c (J) LJ . ~ ..c ..c :J :J c.. c.. . . 00 o o N ~ (J) ..c E (J) > o Z :J ~ ..c I- V) Q) :3 C Q) > Q) 0::: L- 0lQ) c-C .~ E L.. Q) Q) > 0.0 02 -02 t:..[: ~f- - ~ L- Q) 'C Q) l.J rtS ::s oI-J u <( I lo... <1J ..Q E Q) <1J C"I > -c o ::s Z a::l I I I I o I I 0 I I I I I * 00 l..O 'cR o N 'cR o o 'cR o 00 'cR o 1.0 'cR o ~ 'cR 'cR o 0 N ,...... ,...... J'~ Oe.) y~ ~e.) ~J' .~ J' ~/e.) :Y.,., 0 V"..o y~ J'e.) o ';,;y J'e.) ~/ . ~.,., cY J'-/. g,. /~ J'<y6' Ye.) v~ ~v Ve.) ~o ~ tY J' ~/tv Ve.) 0"'..0 y~ J'e.) 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Aspen Mills Assoc. of MN Building Official AT&T Ballis, Tom Board of Water Commissioner Briggs and Morgan, P.A. Carquest Auto Parts CATCO Parts and Service Century Power Equipment Clark, Luann Coca-Cola Bottling Company Cole Papers Collegiate Concepts Corporate Mechanical Cub Foods Cummins NPower, LLC Denny Hecker Auto Connection Doerksen Medical Gas System Eichten's Service & Repair Emergency Automotive Technologies Escape Fire Fire Engineering Fury Dodge Chrysler G & K Services Galls Gannaway, John GCR Minneapolis Truck Tire Center Gopher State One Call, Inc. Grainger Holiday Credit Office International Code Council, Inc International Code Council, Inc. Interstate Battery Systems J.P. Cooke Co. Kirvida Fire, Inc. KRIS Engineering Lake Country Door, LLC 2009 Chapter Membership Dues Concession Supplies Equipment Repair Supplies Uniforms Service Call at lily Lake Arena 2009 APA Membership Vehicle Repair Charges Uniform Cleaning, Roll Towels/Mops Quarterly Monitoring Service Police/Fire Uniforms 2009 Membership Dues Telephone Reimburse for Cleaning Agent November 2008 WAC Charges Professional Services Rendered Equipment Repair Supplies Equipment Repair Supplies Equipment Repairs Cleaning At City Hall/Public Works Soda for Concessions Janitorial Supplies Promotional Water Bottles (Police) Relocated Thermostat in PW Facility Concession Supplies/Fire Dept Supplies Payment for Credit Taken Twice 3000 Mile Service Cascade Fill Station Project. Equipment Repair Supplies Repairs RNC Training Supplies 3 Year Subscription Oil Change Uniform Cleaning, Roll Towels/Mops Medic bags Reimburse for Conference Expenses Tires Billable Tickets Switch for Coffee Machine at lily Lake Fuel for Gen Set/Bob Cat Conference Fees 2009 Membership Dues Vehicle Batteries Dog Tags Vehicle Repair Supplies Plow Blades For Trucks, Loaders and Grader Repair Door on Parks Building 50.00 1,885.60 362.10 246.00 149.00 373.00 331.53 818.56 89.46 222.40 200.00 161.56 150.01 2,574.00 800.00 960.27 78.50 550.65 1,057.50 2,670.70 256.02 560.82 265.00 64.29 302.39 82.09 750.00 88.26 76.60 611.53 67.95 26.65 1,786.33 303.47 228.65 171.02 159.50 2.73 39.03 354.00 100.00 93.67 67.02 26.93 5,961.38 210.00 EXHIBIT" A" TO RESOLUTION #2008-175 Mac Queen Equipment Inc. Magnuson law Firm McBroom Construction Co., Inc Menards Metropolitan Council Metropolitan Council Minnesota Shredding, llC MN Pollution Control Agency NFPA Office Depot Onvoy Paramount Sk8s, Inc. Plant Health Associates Pogge, Michel Quill Corporation R & R Specialties, Inc. Riedell Shoes, Inc. RiverTown Newspaper Group Shilts, Cindy Simplex Grinnell lP South Metro Public Safety Stillwater Motor Company Stillwater Towing Stork Twin City Testing Corporation Sun Newspapers T.A. Schifsky & Sons, Inc. Tax & Accounting - R & G Uniforms Unlimited, Inc United Refrigeration, Inc. University of Minnesota Ward, Diane Washington County Recorder Watson Company, Inc. Yocum Oil Company LIBRARY American library Association Baker & Taylor Baker & Taylor, Inc. Budget lighting, Inc. BWI Book Wholesalers COW Government, Inc. JOHN MYERS PLUMBING, INC Master Mechanical, Inc. #69 Menards Page 2 Oil Cooler Fan for Sweeper Professional Services Rendered Fence repair at lily lake Ball Field Equipment Repair Supplies January 2009 Wastewater Charge November 2008 SAC Charges Records Shredding Certification Fee Yearly Subscription Office Supplies Monthly Telephone Polished Skates for Concession Resale Professional Services Sidewalk Sign Permit Stickers/Conference Expenses Office Supplies Blade Sharpening Skates for Resale Publications Reimburse for Mileage 2009 Contract! Fire Panel Repairs Education Fees/Police Vehicle Repairs Towing 2008 Street Project Special Use Permit AC Fine Asphalt PPC Guide to Preparing Governmental Financials Tasers Equipment Repair Supplies CPE Classes Overseas Postage Reimbursement Recording Fees Concession Supplies Fuel Posters Books Books light Bulbs Children's Books Computer Equipment Plumbing Repair Quarterly Maintenance on HVAC Janitorial Supplies 793.75 14,115.83 7,299.00 933.61 110,865.59 5,420.25 133.20 23.00 150.00 369.68 511.62 154.50 1,316.00 333.54 929.75 154.44 489.12 35.00 65.52 2,943.48 238.00 395.56 100.00 1,000.50 320.70 138.65 177.32 3,603.29 64.77 250.00 4.20 1,784.00 337.92 5,289.04 75.00 220.42 4,413.66 160.68 3.27 277.68 237.00 941.25 7.52 EXHIBIT" A" TO RESOLUTION #2008-175 Office Max Olson, Rebecca Recorded Books, LLC Stillwater Public Library Tran, Alexi Washington County Library Xcel Energy Envelopes & Paper Cleaning Services Replacement Tape Postage Refund Technology Support, Postage, Telecommunications Electricity Page 3 15.98 1,573.76 7.95 8.64 17.00 4,316.87 4,243.47 CLEANING SERVICES CONTRACT THIS CONTRACT, is made this 16th day of December, 2008, between the City of Stillwater, a Home Rule Charter City of the third class, existing under the laws of the State of Minnesota, with offices at 216 North Fourth Street, Stillwater, Minnesota 55082, ("City"), and LuAnn Clark ("Clark"). RECITALS The City desires to retain the services of Clark to provide cleaning services for Stillwater City Hall. Clark agrees to perform these services for the City under the terms and conditions set forth in this Contract. In consideration of the mutual promises set forth herein, it is agreed between the City and Clark as follows: SECTION I. NATURE OF WORK Clark will perform cleaning, sweeping and maintenance services for City Hall within the scope of work described by the City Administrator. The methods of accomplishing the work will be determined by Clark and all tools of the trade will be supplied by Clark. SECTION II. COMPENSATION 1. City will pay Clark on a bi-monthly basis in accordance with the schedule on the attached Exhibit "A." The ordinary and necessary business expenses incurred by Clark and attributable to the work will be reimbursed by the City provided that prior written approval is given by the City Administrator. 2. Clark shall submit an invoice to the City to receive payment for services. The invoice shall contain a description of the services rendered including the dates and hours the work was performed. The City shall pay Clark within seven (7) days from the date of the next regularly scheduled City Council meeting after the invoice is submitted to the City. SECTION III. STATUS OF CLARK This Contract calls for the performance of the services of Clark as an independent contractor and Clark will not be considered an employee of the City for any purpose. Page 1 SECTION IV. WORK STANDARDS Clark will control the conduct and means of performing the work and will perform all services required under this Contract in a manner consistent with generally accepted procedures. SECTION V. INDEMNIFICATION Any and all claims that arise or may arise against Clark, its agents, servants or employees as a consequence of any act or omission on the part of Clark or its agents, servants or employees while engaged in the performance of this Contract shall in no way be the obligation or responsibility of the City. Clark shall indemnify, hold harmless and defen,d the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees, which the City, its officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligence or willful act or omission of Clark, its agents, servants or employees, in the execution, performance or failure to adequately perform Clark's obligations under this Contract. SECTION VI. TERMS TO BE EXCLUSIVE The entire Agreement between the parties with respect to the subject matter hereunder is contained in this Agreement. Except as herein expressly provided to the contrary, the provisions of this Agreement are for the benefit of the parties solely and not for the benefit of any other , person, persons or legal entities. SECTION VII. WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN WRITING No waiver, alteration or modification of any of the provisions of this Agreement will be binding unless in writing and signed by a duly authorized representative of both parties to this Agreement. SECTION VIII. NO ASSIGNMENT WITHOUT CONSENT Clark will not assign this Contract nor any of the rights and duties hereunder without the prior written consent of the City. SECTION IX. WRITTEN NOTICE All communications regarding this Agreement should be sent to Clark and the City at the addresses set forth above, unless notified to the contrary. Page 2 SECTION X. DURATION This Contract will be in effect from January 1, 2009 through December 31, 2009 and will be renewable on an annual basis upon mutual agreement by both parties. This agreement may be terminated by either party upon sixty (60) days written notice to terminate the agreement by the party. IN WITNESS WHEREOF, the parties set their hands this 16th day of December, 2008. CITY OF STILL WATER, a Minnesota municipal corporation Ken Harycki, Mayor ATTEST: Diane F . Ward, Clerk LuAnn Clark STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this 16th day of December, 2008, before me, a Notary Public within and for said County, appeared Ken Harycki and Diane F. Ward, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public Page 3 STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was sworn to and subscribed before me this _ day of December, 2008, by LuAnn Clark. Notary Public Page 4 RESOLUTION 2008-175 APPROVING AGREEMENT WITH LUANN CLARK FOR CLEANING SERVICES BE IT RESOLVED by the City Council of Stillwater, MN that the agreement with LuAnn Clark for cleaning services, as on file with the City Clerk, are hereby approved and authorizes the Mayor and City Clerk sign said agreement. Adopted by the Stillwater City Council this 16th day of December, 2008. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk SAND CRH;K GROUP, LTD. RESOURCES WITHOUT BARRIERS 610 NORTH MAIN STREET, SUITE 200 STILLWATER, MINNESOTA 55082 (PHONE) 651.430.3383 I 800.632.7643 (FAX) 651.430.9753 www.SandCreekEAP.com Employee Assistance Agreement between The Sand Creek Group, Lid. and The City of Stillwater 1 Services Provided: The program contract includes the following services: 1. Full service coverage for The City of Stillwater employees and their household membu~ . 2. Employee Assistance personnel policy development and consultation. 3. Supervisory training of management personnel in the use of the progra",. 4. Employee orientation seminars to familiarize your employees with the services available to them. 5. Promotional materials including brochures, posters and newsletter articles to keep your Employee Assistance Program visible to your employees, and their families. 6. Ongoing consultations with managers and Sllpervisors to assist them in utilizing the EAP within your organization. 7. Confidential assessment, refe"al and brief counseling to be provided to all employees, and their family members. Up to four sessions of counseling based on the clinical recommendation of EAP counselor. Each session being comprised of one clinical hour. All of the employees of The City of Stillwater and their family members may contact The Sand Creek Group for assessment, brie/counsel and, when necessary, refe"al free-of-charge to them. No limit is placed oft the number of assessments and referrals made annually. All contact is strictly confidential. 8. 24 hour telephone crisis intervention. 9. W orksite visits from an EAP representative to continually evaluate the status of the program and your satisfaction. ~ NATIONAL NETWORK OF OVER 10,000 HIGHLY CREDENTIALED PROFESSIONALS ADDRESSING INDIVIDUALIZED EMPLOYEE NEEDS & IMPROVING PRODUCTIVITY II Coordination of Services: The City of Stillwater agrees to work with the EAP representative in informing its employees of this agreement and the services which are available to them. III Use of Name: The City of Stillwater agrees to allow The Sand Creek Group, lid to list the City as a customer on promotional materials. IV. Elillibilitv: All employees of The City of Stillwater and members of their household who are experiencing personal, emotional, family or social problems which have direct, indirect or potential effects on work performance or personal well being, are eligible for the services of the Employee Assistance Program. V. Emolovee ParticiDation: A working policy of the EAP is that Employee participation in the EAP will affect neither future employment or advancement nor protect employee from disciplinary action for continued substandard performance. VI. Reoomnll: The Sand Creek Group, Ltd will provide quarterly reports on program utilization. No information on individual employees will be released outside of The Sand Creek Group without the written consent of the employee. VII Retainer Cost: The annual retainer charged by The Sand Creek Group, Ltd for the employee services is asfollows: Number of employees 98 Cost per employee $22.50 Annual EAP Contract Cost $2.205.00 Term of Contract January 1.2009 to December 31.2009 Optional Services: Organization Development Services Trauma Team Services Bag Lunch Seminars: $200.00 per hour $200.00/1st two hours $100.00 per hour over two hours $200.00 per hour of presentation/facilitation SAND CRQ;K GROUP, LTD. S.D.G. VIII Fee for Onlloinll Counselinll: Payment for any ongoing counseling services beyond the initial diagnostic screening will be the responsibility of the employeelfamily member. IX. ModirlCation or Termination of Contract: This contract may be modified in writing at any time by the mutual consent of the parties. Either The City of Stillwater or The Sand Creek Group, Ltd may cancel this agreement at any time upon 90 day notice, in writing, to the other party. The Sand Creek Group, Ltd The City of Stillwater ~A;~ Gretchen M Stein, Ph.D., CEAP President & Chief Executive Officer The Sand Creek Group, Ltd I~ Date Date GMS:jes SAND CRJ;J;K GROUP, LTD. S.D.G. RESOLUTION 2008-176 APPROVAL OF CONTRACT BETWEEN THE CITY OF STILLWATER AND SAND CREEK GROUP, LTD. BE IT RESOLVED, by the City Council of Stillwater, Minnesota,' that the contract between the City of Stillwater and Sand Creek Group, Ltd. to provide an Employee Assistance Program for the term January 1, 2009 through December 31, 2009, as on file with the City Clerk. The Mayor and Clerk are hereby authorized to sign said agreement. Adopted by the City Council this 16th day of December, 2008. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk RESOLUTION 2008-178 RENEWAL OF TOWING LICENSE FOR 2009 WHEREAS, Stillwater Towing, Inc., has requested renewal of a towing license for 2009; and WHEREAS, all forms and documentation have been received and fees paid; NOW THEREFORE BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the towing license for Stillwater Towing, Inc. is renewed for the Year 2009 conditioned upon the review and approval of the Police Chief. Adopted by Council this 16th day of December, 2008. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 444 Cedar St-Suite 133 St. Paul, MN 55101-5133 (651)296-9519 Fax (651)297-5259 TTY (651)282-6555 APPLICATION AND PERMIT FOR A TEMPORARY ON-SALE LIQUOR LICENSE t...e TAX EXEMPT NUMBER ZIP CODE Location where license will be used. If an outdoor area, describe \r k'$-A I t-i &'fb tJ Q!'i1A t...\T'" Hl~1151Ue.. (\ rn.U2:{'\-\oU.6B Will the applicant contract for intoxicating liquor services? If so, give the name arid address of the liquor licensee providing the service. l\rr\ Will the applicant carry liquor liability insurance? If so, the carrier's name and amount of coverage. (NOTE: Insurance is not mandatc?ry.) +\A.~ ()"t:: Q.. ~tl.~A:~e..e - -$ ~(Jlj I /::I6l) APPROVAL . APPLICATION MUST BE APPROVED BY CITY OR COVN'lYBEFORE SUBMlTI'ING 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 pares, Rnd both parts to the address above and the original signed by this division will be returned as the license. Submit to the dty or County at least 30 days before the evenL PS-09079 (6t MEMORANDUM To: Mayor and City Council From: Shawn sande~Director of Public Works Date: December 8, 2008 RE: Manning Avenue Extra Work Orders DISCUSSION: The City has received three work orders for approval from Washington County for the Manning Avenue Project. Two of the extra work orders consisted of conflicts with existing water main being in the way of their storm sewer and the other consists of soil stabilization. According to the Cooperative Agreement, any modifications to the project contract must be approved by the City. The cost of the water main relocation amounts to $26,320. The City would be responsible for these costs or 100% according to the Washington County Cost Participation Policy. In past City practices, the City is responsible for hydrant costs and theW ater Board is responsible for water main costs, these amount to $6,171.00 and $20,259.00 respectively. The stabilization costs would be shared with the City of Grant at a cost participation rate of25% ofthe $20,225.00 or $5,056.20. RECOMMENDATION Staffhas reviewed the work orders and recommends that Council approve the three Work Order's for the Manning Avenue Project. ACTION REQUIRED If Council agrees with the recommendation, they should pass Resolution 2009-_ Approving the Work Order's for the Manning Avenue Project RESOLUTION 2008-179 APPROVAL OF EXTRA WORK ORDERS RELATED TO THE MANNING AVENUE PORJECT BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that work orders related to the Manning Avenue Porject is hereby approved: Work Order # 2 Work Order # 3 Work Order # 5 $20,225.00 (shared with the City of Grant) $14,751.00 (shared with the Water Board) $11,569.00 (Water Board) Adopted by Stillwater City Council this 16th day of December, 2008. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk SHEET~OF~SHEETS State of Minnesota - Department of Transportation WORK ORDER MINOR EXTRA WORK Contractor: TOWER ASPHALT, INC. W.O. No. 2 Address: 15001 HUDSON ROAD P.O. BOX 15001 LAKELAND, MN 55043 Job Location: CSAH 15 In the Cities of Grant and Stillwater In accordance with standard specifications 1103 and 1403 YOU are hereby authorized and instructed to do the work described herein. S.P. No. 82-615-20 F.P. No. Contract No. 4739 The contractor shall install temporary erosion, as directed by the Engineer. Shall be paid for at the unit prices as listed in the special provisions. Also need to install floating silt curtain, as directed by the Engineer. To be paid for at the mutually agreed unit price. ITEM NO. 2575.571 2575.572 2573.505 ITEM Rapid stabilization-method 3 Rapid stabilization-method 4 Floating silt curtain-still water TOTAL THIS AGREEMENT UNIT MGal SY LF 82-612-12, 82-615-20 and 82-617-05 East side - 75% Washington County, 25% Stillwater West side - 75% Washington County, 25% Grant QUANT UNIT PRICE AMOUNT 30 $325.00 $ 9,750.00 1,000 $ 2.50 $ 2.500.00 500 $ 15.95 $ 7 975.00 $20,225.00 Approved by: CITY OF STILLWATER Signature Date Title CITY OF GRANT Signature Date Title R:1201502lConstructionltimlWO #2 - erosion control.doc (2) Approved by: Dennis Hegberg. Chair/Board of Commissioners Date James R. Schug, County Administrator Date Approved as to form: Assistant County Attorney Date SHEET~OF~SHEETS State of Minnesota - Department of Transportation WORK ORDER MINOR EXTRA WORK Contractor: TOWER ASPHALT, INC. W.O. NO.3 Address: 15001 HUDSON ROAD S.P. No. 82-615-20 P.O. BOX 15001 LAKELAND, MN 55043 F.P. No. Job Location: uSAH 15 In the uities of Grant and uontract No. 4739 Stillwater In accordance with standard soecifications 1103 and 1403 YOU are herebY authorized and instructed to do the work described herein. The contractor shall relocate the hydrant at 119+80, 40' RT along CSAH 12 at the newly expanded drainage pond, as directed by the Engineer. To be paid for at the mutually agreed unit price. FMS 2504 2503 ITEM NO. 2504.602 2503.604 ITEM Relocate hydrant 4" Insulation TOTAL THIS AGREEMENT UNIT Each SF QUANT UNIT PRICE AMOUNT 1 $6,171.00 $6,171.00 624 $ 13.75 $ 8,580.QQ $14,751.00 100% City of Stillwater Received by: ?V1 Approved by: Approved by: Dennis Hegberg. Chair/Board of Commissioners Date CITY OF STILLWATER James R. Schug, County Administrator Date Signature Date Approved as to form: Title Assistant County Attorney Date R\201502lConstructionltimlWQ #3 . hydrant relocate.doc SHEET -LOF -LSHEETS State of Minnesota - Department of Transportation WORK ORDER MINOR EXTRA WORK uontractor: TOWER ASPHALT, INu. W.O. NO.5 Address: 15001 HUDSON ROAD S.P. No. 82-615-20 P.O. BOX 15001 LAKELAND, MN 55043 F.P. No. Job Location: uSAH 15 In the uities of Grant and Contract No. 4739 Stillwater In accordance with standard specifications 1103 and 1403 YOU are hereby authorized and instructed to do the work described herein. The contractor shall offset the existing watermain 180+00, 75' RT, as it conflicts with the new storm sewer from CB 387 to CB 386. It shall be lowered as directed by the Engineer. To be paid for at the mutually agreed unit price. FMS 2504 ITEM NO. ITEM 2504.603 Watermain Offset TOTAL THIS AGREEMENT UNIT LS QUANT UNIT PRICE AMOUNT 1 $ 11,569.00 $ 11.569.00 $ 11,569.00 100% City of Stillwater ,- Received by: ?vV\ Approved by: Title Approved by: Dennis Hegberg, ChairlBoard of Commissioners Date CITY OF STILLWATER James R. Schug, County Administrator Date Signature Date Approved as to form: Title Assistant County Attorney Date R:1201502IConstructionltimIWO #5 - watermain offset.doc Memo DATE: December 12, 2008 TO: Mayor and City Council Sharon Harrison \ ~ Finance Director ~ FROM: RE: Certification of Delinquent Utilities Enclosed in your packet are two resolutions certifying delinquent balances for utilities billed by the City for sanitary sewer services, storm sewer services and signs & lighting and by Waste Management for garbage services. All balances are for services billed thru June 30, 2008 and remain unpaid at November 15, 2008. All customers were notified (via letter) by the City or Waste Management. Prior Year (2007) information: The City certified $132,240.52 in delinquent balances while Waste Management certified $72,084.85 RESOLUTION 2008-180 ADOPTING DELINQUENT SEWER CHARGES PROJECT NO. 0001 WHEREAS, it is the policy of the uity of Stillwater to certify to the uounty the delinquent utility charges. NOW THEREFORE, BE IT RESOLVED, by the uity uouncil of the City of Stillwater, Minnesota, which the attached list constitutes the delinquent sewer charges and is hereby levied as an assessment against those parcels and the total is $131,699.62 Adopted by the Stillwater uity uouncil this 16th day of December 2008. Ken Harycki, Mayor ATTEST: Diane F. Ward, uity ulerk uity of Stillwater 2008 Certification of Oelinquent Utility Billings For uollection with the 2009 Property Taxes Project #0001 1 Year - 10% Interest Property 10 1903020310035 1903020340020 1903020340031 1903020340041 1903020340046 1903020430005 1903020430008 1903020440045 1903020440048 2003020130012 2003020140005 2003020210015 2003020210020 2003020210023 2003020210050 2003020210056 2003020220022 2003020240011 2003020320001 2003020330036 2003020340006 2003020440003 2003020440017 2103020130019 2103020130044 2103020130064 2103020130089 2103020140007 2103020140013 2103020140014 2103020140016 2103020140020 2103020140031 2103020140032 2103020140033 2103020140034 2103020240012 2103020240013 2103020240021 2103020330012 2103020330025 uertification Amount $257.00 $137.30 $430.90 $308.80 $200.30 $416.10 $146.20 $349.50 $105.10 $945.20 $112.50 $549.30 $327.30 $375.60 $257.00 $79.20 $375.40 $338.40 $101.00 $323.60 $206.80 $597.40 $78.40 $185.50 $185.50 $257.00 $257.00 $290.30 $151.30 $257.00 $257.00 $271.80 $57.00 $179.00 $257.00 $247.00 $57.00 $90.30 $157.00 $206.20 $430.90 Property 10 2903020140032 2903020140045 2903020210032 2903020210061 2903020240010 2903020240051 2903020310043 2903020320034 2903020320044 2903020320049 2903020320050 2903020320052 2903020320055 2903020320068 2903020320081 2903020320086 2903020330007 2903020330013 2903020330026 2903020330048 2903020330062 2903020330076 2903020340010 2903020340020 2903020340030 2903020340037 2903020340043 2903020340045 2903020340048 2903020340081 2903020340084 2903020410023 2903020410029 2903020410038 2903020410041 2903020410055 2903020410072 2903020410080 2903020410092 2903020410093 - 2903020410109 Certification Amount $445.70 $323.60 $49.80 $271.80 $115.10 $486.40 $464.20 $504.10 $338.40 $368.00 $68.10 $486.40 $486.40 $416.10 $442.00 $257.00 $79.20 $416.10 $530.80 $222.50 $57.00 $490.10 $367.30 $301.40 $327.30 $490.10 $449.40 $344.60 $379.10 $312.50 $412.40 $416.10 $101.00 $124.00 $243.40 $345.80 $319.90 $271.80 $290.30 $345.80 $555.55 uity of Stillwater 2008 uertification of Delinquent Utility Billings For uollection with the 2009 Property Taxes Project #0001 1 Year - 10% Interest Property ID 2103020330027 2103020330059 2103020330062 2103020330070 2103020330073 2103020330099 2103020330104 2103020330113 2103020340009 2103020340027 2103020340036 2103020340051 2103020340073 2103020340080 2103020340110 2103020340112 2103020340129 2103020340133 2103020340139 2103020340144 2103020340146 2103020340148 2103020420004 2103020430009 2103020430014 2103020430015 2103020430020 2103020430027 2103020430031 2103020430042 2103020430043 2103020430045 2103020430058 2103020430070 2103020430079 2103020430108 2803020120010 2803020120026 2803020120028 2803020120029 2803020120063 uertification Amount $619.60 $301.40 $257.00 $290.30 $541.90 $149.90 $118.50 $57.00 $124.00 $115.20 $257.00 $179.00 $257.00 $55.10 $257.00 $290.30 $393.90 $634.40 $194.40 $508.60 $382.70 $257.00 $553.00 $323.60 $312.50 $445.70 $297.70 $257.00 $545.60 $174.30 $185.40 $257.00 $301.40 $582.60 $179.50 $257.00 $439.20 $257.00 $101.00 $464.20 $379.10 Property ID 2903020410116 2903020420009 2903020420013 2903020420020 2903020420031 2903020430020 2903020430027 2903020430030 2903020430031 2903020430041 2903020430054 2903020430075 2903020440020 2903020440026 2903020440029 2903020440041 2903020440075 2903020440097 2903020440107 2903020440114 3003020330076 3003020330086 3003020340009 3003020410019 3003020410022 3003020410028 3003020440006 3003020440035 3003020440061 3103020110007 3103020110038 3103020110041 3103020110042 3103020110066 3103020110068 3103020110085 3103020110088 3103020110090 3103020110098 3103020120007 3103020130012 uertification Amount $393.90 $408.70 $82.10 $247.00 $374.20 $297.70 $453.10 $268.10 $331.00 $185.50 $257.00 $445.70 $386.50 $257.00 $305.10 $268.10 $268.10 $282.90 $1,840.60 $257.00 $64.40 $124.00 $225.10 $257.00 $375.40 $268.10 $123.60 $221.40 $860.10 $541.90 $546.70 $350.60 $278.00 $279.20 $342.30 $331.00 $408.70 $460.50 $257.00 $360.60 $297.70 uity of Stillwater 2008 uertification of Delinquent Utility Billings For Collection with the 2009 Property Taxes Project #0001 1 Year - 10% Interest Property ID 2803020120073 2803020120078 2803020120115 2803020130081 2803020130092 2803020130128 2803020130130 2803020140061 2803020210009 2803020210010 2803020210023 2803020210041 2803020210042 2803020210069 2803020210074 2803020210081 2803020210101 2803020210104 2803020210107 2803020210108 2803020210112 2803020210114 2803020220012 2803020220015 2803020220040 2803020220071 2803020220073 2803020220086 2803020220088 2803020220089 2803020230015 2803020230021 2803020230022 2803020230023 2803020230060 2803020230081 2803020230082 2803020230108 2803020230113 2803020230118 2803020230129 uertification Amount $271.80 $723.00 $716.50 $397.40 $72.50 $271.80 $157.00 $739.50 $312.50 $247.00 $308.80 $257.00 $57.00 $369.90 $247.00 $423.50 $645.50 $516.00 $290.30 $919.30 $412.40 $67.80 $294.00 $79.20 $342.1 0 $312.50 $438.10 $140.00 $308.80 $257.00 $247.50 $349.50 $338.40 $257.00 $405.00 $257.00 $149.90 $323.60 $60.70 $67.00 $244.70 Property ID 3103020140036 3103020140040 3103020140044 3103020140051 3103020220034 3103020310027 3103020310078 3103020310092 3103020410021 3103020410050 3103020430009 3103020440014 3203020110019 3203020110020 3203020120001 3203020120019 3203020120048 3203020120049 3203020120053 3203020120070 3203020130034 3203020130048 3203020130050 3203020130070 3203020130084 3203020130097 3203020140022 3203020140079 3203020140105 3203020140106 3203020210009 3203020210054 3203020210104 3203020220012 3203020220017 3203020220020 3203020220023 3203020220065 3203020220085 3203020220107 3203020230018 uertification Amount $91.20 $127.90 $1,219.00 $456.80 $315.00 $111.40 $319.90 $342.10 $258.10 $257.00 $136.00 $3,266.00 $89.20 $279.20 $504.90 $290.30 $268.10 $453.00 $545.60 $199.00 $290.30 $530.80 $467.90 $70.70 $268.10 $257.00 $353.20 $127.70 $112.50 $368.00 $356.90 $434.60 $1,149.50 $186.20 $486.40 $379.10 $269.20 $449.40 $290.30 $247.00 $504.90 City of Stillwater 2008 Certification of Delinquent Utility Billings For uollection with the 2009 Property Taxes Project #0001 1 Year - 10% Interest Property ID 2803020230132 2803020230136 2803020230140 2803020230140 2803020240005 2803020240018 2803020240020 2803020240024 2803020240025 2803020240028 2803020240037 2803020240039 2803020240061 2803020240064 2803020240073 2803020240075 2803020240099 2803020240102 2803020240110 2803020310004 2803020310014 2803020310021 2803020310023 2803020310032 2803020310049 2803020310107 2803020310125 2803020310132 2803020310134 2803020310135 2803020320002 2803020320004 2803020320013 2803020320033 2803020320046 2803020320049 2803020320058 2803020320071 2803020320075 2803020320083 2803020320099 uertification Amount $393.90 $312.50 $101.00 $449.40 $1,993.00 $490.10 $111.90 $309.90 $397.40 $438.30 $124.00 $382.80 $397.40 $419.60 $57.00 $419.80 $419.80 $257.00 $204.00 $550.00 $57.00 $91.00 $60.70 $301.40 $268.10 $486.20 $257.00 $110.67 $68.10 $140.20 $134.00 $163.10 $608.50 $223.00 $268.10 $232.50 $326.70 $89.70 $508.60 $101.00 $312.50 Property ID 3203020230043 3203020230046 3203020320005 3203020320049 3203020430028 3203020440005 3303020110030 3303020110044 3303020110048 3303020110065 3303020110084 3303020110085 3303020110102 3303020110111 3303020110126 3303020110129 3303020110136 3303020110137 3303020110138 3303020120010 3303020120016 3303020120018 3303020120035 3303020120039 3303020120051 3303020120054 3303020120062 3303020120086 3303020120087 3303020120089 3303020120091 3303020120139 3303020130021 3303020130030 3303020130030 3303020130031 3303020130031 3303020130042 3303020130061 3303020130066 3303020140010 uertification Amount $419.80 $257.00 $101.00 $101.00 $1,352.00 $163.00 $294.00 $408.70 $308.80 $534.50 $660.10 $482.50 $56.90 $464.20 $545.60 $301.40 $419.80 $124.00 $257.00 $616.80 $59.90 $142.50 $200.30 $92.10 $372.80 $43.50 $257.00 $257.00 $124.00 $327.50 $305.10 $523.40 $94.00 $312.50 $257.00 $364.30 $527.10 $316.20 $257.00 $445.70 $257.00 uity of Stillwater 2008 Certification of Delinquent Utility Billings For uollection with the 2009 Property Taxes Project #0001 1 Year - 10% Interest Property 10 2803020320100 2803020320107 2803020320140 2803020320144 2803020330016 2803020330024 2803020330041 2803020330049 2803020330052 2803020330053 2803020330059 2803020330061 2803020330074 2803020330083 2803020330107 2803020340007 2803020340039 2803020340044 2803020340090 2803020340105 2803020340110 2803020410003 2803020410028 2803020410036 2803020410049 2803020410089 2803020410095 2803020410106 2803020430010 2803020430012 2803020430066 2803020430100 2903020110057 2903020140017 2903020140020 uertification Amount $397.40 $124.00 $257.00 $257.00 $257.00 $412.60 $125.50 $356.90 $124.00 $290.30 $486.40 $101.00 $523.20 $211.40 $353.20 $260.70 $360.60 $257.00 $149.90 $297.70 $312.50 $684.00 $1,300.90 $761.70 $444.50 $769.10 $291.00 $840.00 $393.90 $124.00 $397.40 $772.20 $408.70 $323.60 $48.90 Property 10 3303020140014 3303020140022 3303020140030 3303020140074 3303020140077 3303020140086 3303020140120 3303020140128 3303020140132 3303020210019 3303020210042 3303020210048 3303020210082 3303020210109 3303020210123 3303020220041 3303020220055 3303020240012 3303020240027 3303020310026 3303020310054 3303020310065 3303020320033 3303020320035 3303020320035 3303020330002 3403020220010 3403020220028 3403020220076 3403020230002 3403020230044 3403020230053 3403020230090 3403020230091 3403020310012 uertification Amount $71.80 $397.40 $397.40 $268.10 $131.40 $397.40 $368.00 $257.00 $221.40 $312.70 $408.70 $124.00 $397.40 $55.50 $164.70 $257.00 $823.1 0 $95.00 $360.60 $249.50 $94.00 $371.70 $257.00 $219.20 $257.00 $992.00 $127.30 $146.20 $303.90 $56.00 $151.80 $392.20 $101.00 $268.10 $197.90 Total uertification $131,699.62 RESOLUTION 2008-181 ADOPTING DELINQUENT GARBAGE BILL CHARGES PROJECT NO. 0002 WHEREAS, it is the policy of the uity of Stillwater to certify to the uounty the delinquent garbage bill charges. NOW THEREFORE, BE IT RESOLVED, by the uity uouncil of the uity of Stillwater, Minnesota, which the attached list constitutes the delinquent garbage bill charges and is hereby levied as an assessment against those parcels and the total is $107,695.70. Adopted by the Stillwater uity uouncil this 16th day of December 2008. Ken Harycki, Mayor ATTEST: Diane F. Ward, uity ulerk uity of Stillwater 2008 uertification of Delinquent Waste Management (Garbage) Billings For uollection with the 2009 Property Taxes Project #0002 1 Year - 10% Interest Property 10 1903020310035 1903020340007 1903020340020 1903020340031 1903020340034 1903020340041 1903020340046 1903020420007 1903020420020 1903020430005 1903020440034 1903020440048 2003020210015 2003020210020 2003020210023 2003020210050 2003020210056 2003020230005 2003020230007 2003020240009 2003020320005 2003020330066 2003020340035 2003020430058 2003020440003 2003020440057 2103020130013 2103020130016 2103020130020 2103020130034 2103020130041 2103020130053 2103020130062 2103020130089 2103020140007 2103020140009 2103020140013 2103020140013 2103020140014 2103020140015 2103020140020 2103020140025 2103020140032 uertification Amount $260.28 $317.79 $71.58 $118.09 $60.76 $310.73 $60.76 $188.28 $225.23 $71.58 $82.32 $93.09 $368.88 $270.11 $126.42 $346.94 $159.60 $63.76 $234.95 $71.58 $188.28 $74.58 $252.04 $120.08 $307.50 $124.52 $175.60 $59.68 $124.52 $158.70 $215.60 $215.82 $215.60 $255.48 $255.55 $317.79 $294.64 $77.45 $255.48 $137.27 $359.47 $138.71 $177.16 Property 10 2903020240053 2903020310043 2903020310049 2903020310073 2903020320018 2903020320028 2903020320034 2903020320050 2903020320050 2903020320052 2903020320055 2903020320068 2903020320083 2903020330010 2903020330013 2903020330034 2903020330048 2903020330062 2903020340002 2903020340005 2903020340010 2903020340018 2903020340030 2903020340037 2903020340043 2903020340045 2903020340048 2903020340054 2903020340081 2903020340084 2903020410013 2903020410055 2903020410072 2903020410080 2903020410092 2903020410109 2903020410116 2903020420013 2903020420014 2903020420020 2903020420031 2903020420041 2903020430013 uertification Amount $299.51 $318.41 $124.52 $124.52 $346.93 $60.76 $293.92 $85.53 $155.88 $82.43 $220.74 $132.18 $135.71 $233.60 $255.36 $215.60 $257.57 $226.74 $238.67 $255.48 $71.58 $127.56 $255.04 $251.68 $190.20 $104.97 $411.07 $151.62 $386.07 $255.48 $71.58 $303.03 $255.04 $255.48 $330.61 $733.39 $255.04 $153.63 $146.16 $88.28 $71.58 $71.57 $297.13 uity of Stillwater 2008 uertification of Oelinquent Waste Management (Garbage) Billings For uollection with the 2009 Property Taxes Project #0002 1 Year - 10% Interest Property 10 2103020140032 2103020140033 2103020140034 2103020240021 2103020330025 2103020330027 2103020330059 2103020330062 2103020330067 2103020330070 2103020330099 2103020330116 2103020340009 2103020340022 2103020340026 2103020340027 2103020340036 2103020340042 2103020340043 2103020340051 2103020340053 2103020340066 2103020340073 2103020340075 2103020340080 2103020340112 2103020340129 2103020340133 2103020340141 2103020340144 2103020340146 210302034014e 2103020420004 2103020420020 2103020430001 2103020430014 2103020430020 2103020430027 2103020430030 2103020430031 2103020430045 2103020430058 2103020430070 Certification Amount $96.80 $296.64 $298.54 $217.79 $262.64 $272.32 $319.59 $215.62 $383.06 $488.09 $161.70 $262.22 $215.60 $60.76 $97.04 $715.35 $215.60 $313.08 $60.76 $84.64 $73.32 $213.80 $317.99 $440.53 $173.22 $385.18 $329.54 $124.04 $380.63 $341.81 $190.32 $290.09 $447.55 $143.18 $57.65 $235.90 $215.60 $255.48 $352.47 $68.19 $166.27 $252.19 $351.58 Property 10 2903020430020 2903020430026 2903020430027 2903020430030 2903020430031 2903020430041 2903020430054 2903020430057 2903020430075 2903020430078 2903020440020 2903020440026 2903020440029 2903020440084 2903020440107 2903020440114 3003020330022 3003020330061 3003020340008 3003020340009 3003020340046 3003020340053 3003020410009 3003020410019 3003020410022 3003020410028 3003020420003 3003020440061 3103020110007 3103020110036 3103020110038 3103020110041 3103020110050 3103020110066 3103020110068 3103020110085 3103020110090 3103020110098 3103020120007 3103020120022 3103020130012 3103020140008 3103020140010 Certification Amount $333.51 $280.48 $146.16 $256.09 $220.74 $317.79 $333.98 $293.05 $338.64 $63.76 $262.22 $215.60 $700.27 $107.80 $304.47 $296.91 $548.41 $123.42 $121.71 $316.04 $117.45 $146.16 $248.68 $428.52 $71.58 $215.60 $220.74 $364.43 $360.98 $71.58 $207.02 $60.76 $176.01 $296.03 $146.16 $268.17 $255.48 $262.26 $346.99 $60.76 $304.78 $326.31 $203.91 City of Stillwater 2008 uertification of Oelinquent Waste Management (Garbage) Billings For uollection with the 2009 Property Taxes Project #0002 1 Year - 10% Interest Property 10 2103020430079 2803020120010 2803020120012 2803020120026 2803020120029 2803020120048 2803020120063 2803020120073 2803020120078 2803020120094 2803020120115 2803020130070 2803020130071 2803020130081 2803020130088 2803020130092 2803020130130 2803020130154 2803020210004 2803020210009 2803020210010 2803020210023 2803020210041 2803020210069 2803020210072 2803020210074 2803020210081 2803020210104 2803020210108 2803020210109 2803020210112 2803020210130 2803020210135 2803020210137 2803020220007 2803020220012 2803020220015 2803020220059 2803020220071 2803020220072 2803020220073 2803020220084 2803020220088 uertification Amount $104.80 $324.01 $60.76 $255.48 $267.51 $224.00 $298.58 $271 .49 $71.48 $222.01 $239.94 $136.47 $704.24 $223.64 $242.02 $104.80 $213.59 $298.54 $264.51 $254.84 $192.51 $298.54 $215.60 $71.58 $115.56 $252.84 $71.58 $537.97 $283.85 $367.66 $255.48 $264.51 $537.97 $60.76 $200.32 $322.32 $117.14 $60.76 $365.88 $165.57 $514.96 $124.52 $157.47 Property 10 3103020140051 3103020210008 3103020210027 3103020220034 3103020220060 3103020240014 3103020240042 3103020310043 3103020310073 3103020310078 3103020310083 3103020310087 3103020310092 3103020410016 3103020410039 3103020430009 3203020120001 3203020120007 3203020120014 3203020120045 3203020120048 3203020120053 3203020120070 3203020130029 3203020130034 3203020130040 3203020130047 3203020130048 3203020130050 3203020130064 3203020130070 3203020130097 3203020140008 3203020140022 3203020140079 3203020140097 3203020210009 3203020210029 3203020210082 3203020210091 3203020210093 3203020210098 3203020210109 Certification Amount $299.51 $315.18 $71.58 $124.52 $188.28 $60.76 $79.05 $71.58 $71.58 $213.64 $229.70 $229.70 $251.68 $365.80 $345.03 $276.56 $255.48 $74.20 $494.75 $127.52 $299.51 $299.79 $299.51 $277.39 $188.28 $77.58 $100.48 $249.04 $471.26 $124.52 $113.76 $255.48 $104.80 $299.51 $336.34 $71.58 $304.74 $149.38 $251.68 $81.80 $215.60 $317.79 $161.16 uity of Stillwater 2008 uertification of Delinquent Waste Management (Garbage) Billings For uollection with the 2009 Property Taxes Project #0002 1 Year - 10% Interest Property ID 2803020220089 2803020220092 2803020230015 2803020230021 2803020230022 2803020230046 2803020230056 2803020230065 2803020230073 2803020230082 2803020230085 2803020230108 2803020230113 2803020230132 2803020230133 2803020240005 2803020240020 2803020240024 2803020240025 2803020240028 2803020240030 2803020240038 2803020240039 2803020240049 2803020240051 2803020240052 2803020240053 2803020240061 2803020240062 2803020240064 2803020240067 2803020240067 2803020240099 2803020240102 2803020240105 2803020240110 2803020310004 2803020310011 2803020310014 2803020310021 2803020310023 2803020310049 2803020310107 uertification Amount $505.01 $255.04 $224.78 $124.22 $133.48 $229.03 $371.82 $384.24 $71.58 $91.40 $331.30 $317.79 $127.52 $375.41 $614.96 $371.89 $299.51 $255.04 $438.06 $292.78 $220.74 $255.83 $265.20 $363.71 $154.14 $266.23 $232.96 $299.51 $317.79 $567.74 $69.38 $246.04 $161.16 $332.48 $161.16 $324.90 $255.48 $246.90 $162.30 $336.16 $118.24 $215.60 $479.90 Property ID 3203020210124 3203020220017 3203020220020 3203020220023 3203020220046 3203020220094 3203020220107 3203020230018 3203020230036 3203020230043 3203020230046 3203020230047 3203020240031 3203020240045 3203020240046 3203020240050 3203020240052 3203020240058 3203020240061 3203020240068 3303020110016 3303020110020 3303020110044 3303020110045 3303020110048 3303020110049 3303020110065 3303020110079 3303020110084 3303020110102 3303020110104 3303020110111 3303020110127 3303020110129 3303020110135 3303020110136 3303020110138 3303020120010 3303020120018 3303020120035 3303020120062 3303020120078 3303020120082 Certification Amount $117.87 $302.48 $272.24 $50.90 $227.87 $60.76 $298.54 $259.29 $137.37 $490.79 $263.99 $283.21 $124.52 $214.26 $188.28 $162.48 $70.32 $371.38 $60.76 $220.74 $70.76 $60.76 $170.54 $90.61 $255.04 $296.03 $371.82 $61.88 $494.25 $264.20 $316.58 $265.52 $60.76 $412.62 $417.87 $230.83 $255.48 $319.16 $302.45 $223.73 $259.95 $252.04 $50.90 uity of Stillwater 2008 uertification of Delinquent Waste Management (Garbage) Billings For uollection with the 2009 Property Taxes Project #0002 1 Year - 10% Interest Property ID 2803020310135 2803020310138 2803020320031 2803020320033 2803020320046 2803020320049 2803020320058 2803020320075 2803020320085 2803020320088 2803020320099 2803020320100 2803020320107 2803020320140 2803020320150 2803020330024 2803020330027 2803020330049 2803020330053 2803020330054 2803020330059 2803020330061 2803020330070 2803020330074 2803020330082 2803020330083 2803020330100 2803020340007 2803020340039 2803020340044 2803020340087 2803020340104 2803020340105 2803020340110 2803020340112 2803020410089 2803020410106 2803020410109 2803020410129 2803020420084 2803020420165 2803020430010 2803020430066 uertification Amount $102.40 $299.51 $212.60 $365.80 $128.52 $126.92 $328.22 $286.78 $100.10 $220.74 $260.86 $255.48 $242.52 $242.07 $220.74 $294.37 $71.58 $124.52 $282.46 $71.58 $215.79 $442.31 $146.16 $280.19 $188.28 $285.63 $269.96 $255.76 $270.04 $255.48 $298.54 $71.58 $265.20 $146.16 $60.76 $214.26 $46.68 $278.10 $107.80 $660.54 $453.77 $299.51 $390.16 Property ID 3303020120083 3303020120086 3303020120091 3303020120135 3303020120139 3303020130002 3303020130021 3303020130031 3303020130061 3303020130066 3303020130074 3303020140013 3303020140014 3303020140021 3303020140022 3303020140030 3303020140071 3303020140074 3303020140075 3303020140086 3303020140111 3303020140120 3303020140128 3303020140132 3303020210008 3303020210028 3303020210042 3303020210063 3303020210082 3303020210082 3303020210102 3303020210123 3303020220041 3303020240027 3303020310002 3303020310026 3303020310041 3303020320008 3303020320030 3303020320030 3303020320033 3303020320036 3303020320040 uertification Amount $354.57 $315.96 $257.05 $120.50 $303.67 $313.24 $146.16 $312.83 $271.92 $425.60 $287.60 $225.32 $70.00 $161.16 $322.06 $635.13 $135.43 $255.48 $255.04 $215.60 $104.80 $363.11 $145.91 $214.58 $299.58 $74.95 $403.54 $295.54 $215.60 $215.60 $146.29 $220.74 $442.79 $299.51 $253.34 $103.48 $67.12 $165.42 $255.04 $326.87 $225.55 $313.22 $379.85 uity of Stillwater 2008 uertification of Delinquent Waste Management (Garbage) Billings For uollection with the 2009 Property Taxes Project #0002 1 Year - 10% Interest Property 10 2803020430069 2803020430075 2803020430100 2803020440032 2903020110057 2903020140027 2903020140032 2903020140045 2903020140066 2903020140086 2903020210061 2903020240011 2903020240050 2903020240051 Certification Amount $326.17 $362.11 $226.32 $57.62 $255.48 $124.52 $255.85 $454.78 $70.74 $231.26 $298.54 $60.76 $311.36 $327.14 Property 10 3403020220006 3403020220010 3403020220013 3403020220029 3403020220067 3403020220076 3403020230002 3403020230024 3403020230037 3403020230044 3403020230049 3403020230053 3403020230090 3403020230091 TOTAL: Certification Amount $232.17 $220.74 $318.62 $255.76 $104.80 $342.53 $71.58 $178.42 $60.44 $216.22 $128.99 $647.66 $265.20 $255.48 $107,695.70 , "'~- ') f M NNFSO ,1\ City Council DATE: December 11, 2008 CASE NO.: 08-40 APPLICANTS: Sharon Price of Washington County REQUEST: Street vacation of a portion of Panama Ave and Hubert St LOuA TION: Washington County Government Center COMPREHENSIVE PLAN DISTRICT: P A - Public Administration ZONING: P A - Public Administration CC DATE: December 16, 2008 REVIEWERS: Community Dev. Director and City Engineer PREPARED BY: Michel Pogge, City Planner fhsP DISCUSSION The applicant is requesting the vacation of a portion of Panama Ave along the south side of the Washington County Government Center site and a portion of Hubert St along the east side of the site. The County is currently in the process of completing a boundary registration of the site and would like to incorporate these two streets in their site in order to have a more uniform boundary. EVALUATION OF REQUEST When considering if publicly owned property should be vacated there are two basic items the City considers. A. Whether the property is or is likely to be necessary or desirable for any public purpose within the reasonably foreseeable future. a. There are no utilities in Hubert Street and staff does not anticipate the need for any in the future. b. In Panama Ave N there is a water main that services the Government Center and the property at 15055 60th St N and a storm sewer that serves the Government Center and an area north of the Government Center. An easement needs to be reserved for this water main and storm sewer main. ~ Washington County ROW Vacation Request Page 2 B. Any term, condition, reservation, or dedication of any easement or interest in the property necessary or desirable for public purposes and permitted by law. a. Easements need to be reserved for the water main and storm sewer main in Panama Ave N. b. An easement needs to be secured so that the property owner at 15055 60th St N can have ingress/ egress rights over property owned by the government center in order to access their property. FINDINGS With the easement reservations for water main and storm sewer main and a new easement for ingress/ egress over property owned by Washington County for the benefit of the property owner at 15055 60th St N the proposed right-of-way vacation will not be injurious to the general public. ALTERNATIVES The City Council has the following options: 1. Approve the right-of-way vacation as requested. Staff would suggest the following conditions for approval: a. An ingress/ egress easement over property owned by Washington County to and for the benefit of the property at 15055 60th St N be recorded in conjunction with the right-of-way vacation. b. Easements be reserved for water main and storm sewer main located in Panama Ave N. 2. Deny the right-of-way vacation as requested. A denial needs to be accompanied with substantive findings of fact. 3. Continue the public hearing until the January 6,2009 City Council meeting. ACTION BY THE PLANNING COMMISSION The Planning Commission reviewed the request at their November 10, 2008 meeting. The Commission voted 6-0 to recommend that the City Council approve the vacation request with the conditions listed above. STAFF RECOMMENDATION That the City Council approve the right-of-way vacation request as conditioned. Attachments: Applicant's request and Site Plan. CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING A STREET VACATION FOR A PORTION OF PANAMA AVENUE NORTH AND HUBERT STREET CASE NO. 08-40 WHEREAS, a petItIOn was presented by Washington County requesting the vacation of a portion of Panama Avenue North and a portion of Hubert Street, City of Stillwater, Minnesota, legally described hereinafter; and, WHEREAS, on November lO, 2008 the Planning Commission, after due notice, held a public hearing on the vacation request and recommended that the City Council approved the requested right-of-way vacation with the following conditions: a. An exclusive easement for driveway purposes over property owned by Washington County to and for the benefit of the property at 15055 60th St N be recorded in conjunction with the right-of-way vacation. b. Easements be reserved for water main and storm sewer main located in Panama Ave N. WHEREAS, the City Council determined that the petition was sufficient; and that the City is a Home Rule Charter City of the third class and that it was proper for the City Council to proceed with the vacation pursuant to Minn. Stat. 9440.135; and, WHEREAS, at a meeting duly called for that purpose, the City Council held a public hearing, after due notice, and did on the 16th day of December, 2008, determine that the proposed vacation would not interfere with or defeat the public interest or adversely affect the public, and that it would be in the best interest of the City of Stillwater that a portion of the street be vacated. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, that the petition be granted in the form hereafter set forth and that the following part of Panama Avenue North and Hubert Street, as presently laid out and platted, be and the same is hereby vacated: Page 2 of 4 Right-of-way 1 (Panama Avenue North): All that part of Panama Avenue North, platted as Hazel Street in the plat of McMILLAN AND COOLEY'S ADDITION TO STILLWATER, lying northerly of the following described Line A, and southerly of the following described Line B: Line A is described as beginning at a point on the east line of the Southeast Quarter of the Southeast Quarter of Section 33, T30N, R20W, 262.83 feet north of the southeast comer thereof; thence westerly parallel with the north line of Block 8 in said plat to the west line of said Block 8 and said Line A there terminating. Line B is described as commencing at the northeast comer of Lot 30, Block 5 in said plat; thence South 00 degrees, 00 minutes, 51 seconds West, along the east line of said Lot 30, 20.00 feet to the point of beginning of Line B; thence South 89 degrees, 42 minutes, 24 seconds East 29.85 feet to said east line of the Southeast Quarter of the Southeast Quarter and said Line B there terminating. (PANAMA Description) Abutting Lots Lot 30, Block 5 and Lot I, Block 8 in McMillan and Cooley's Addition to Stillwater; AND Right-of-way 2 (Hubert Street): All that part of Hubert Street in the plat of MURDOCK'S ADDITION TO OAK PARK, lying westerly of Paris Avenue North, platted as Seventh Street in the plat ofELFELT'S ADDITION TO OAK PARK, and lying easterly of the northerly extension of the west line of Lot 2, Block 2 in said MURDOCK'S ADDITION TO OAK PARK. Abutting Lots Lots 27 and 28, Block 1 and Lots I and 2, Block 2 in Murdock's Addition to Oak Park, Subject to the following reservations for a perpetual storm sewer easement and a perpetual water main easement: Page 3 of 4 A perpetual easement for storm sewer purposes over, under and across the following described property: See - "PANAMA A VENUE NORTH Description" Above Said easement is to be used solely for the maintenance of existing storm sewer, and is restricted to a strip of land 30 feet wide, being 15 feet on either side of the following described centerline: Commencing at the southeast comer of Section 33, T30N, R20W, Washington County, Minnesota; thence NOooOO'13"W, bearings are based on the Washington County Coordinate System NAD83, 1986 adjustment, along the east line of the southeast quarter of said Section 33 a distance of 299.73 feet to the northerly right-of-way line of Minnesota Trunk Highway No. 36; thence N89054' 14"W along said northerly right-of-way line 13.59 feet to the point of beginning of the centerline to be described; thence NOooI9'36"W 161.75 feet; thence NOI017'06"E 91.80 feet; thence S8900l '04"W 75.87 feet; thence S88058'30"W 48.85 feet; thence S89044'44"W 100.44 feet; thence N39038'50"W 214.78 feet; thence S89054'46"W 178.98 feet; thence N84056'II"W 75.98 feet more or less to the easterly line of Oxboro Avenue North and said centerline there terminating. The sidelines of said easement are prolonged or shortened to terminate at the northerly lines of Minnesota Trunk Highway No. 36, and the easterly line ofOxboro Avenue North. A perpetual easement for water main purposes over, under and across the following described property: See "PANAMA AVENUE NORTH Description" Above Said easement is to be used solely for the maintenance of existing water main, and is restricted to a strip of land 30 feet wide, being 15 feet on either side of the following described centerlines: Commencing at the southwest comer of Section 34, T30N, R20W, Washington County, Minnesota; thence NOooOO'13"W, bearings are based on the Washington County Coordinate System NAD83, 1986 adjustment, along the west line of the southwest quarter of said Section 34 a distance of 262.86 feet to the northerly right-of-way line of Minnesota , r Page 4 of 4 Trunk Highway No. 36; thence S89024'06"E 14.60 feet to the point of beginning of the centerline to be described; thence N01 olT13"W 106.85 feet; thence N01 o13'23"E 110.16 feet to the hereinafter referred to "Point A"; thence N88031'24"E 179.51 feet; thence N71053'01"E 48.39 feet; thence N52022'28"E 51.62 feet; thence N47024'08"E 53.59 feet; thence N46008'39"E 106.08 feet; thence N25046'45"E 22.57 feet; thence N04045'37"E 20.28 feet; thence N01056'56"W 28.21 feet; thence N17034'41"W 18.35 feet; thence N06058'48"W 14.61 feet; thence S8902TOO"E 49.01 feet; thence N7504T 11"E 17.98 feet; thence N51018'48"E 33.87 feet; thence N32032'43"E 29.91 feet; thence N0403T54"E 18.71 feet; thence N89003'31"E 105.22 feet more or less to the westerly line of Paris Avenue North and said centerline there terminating. ALSO, beginning at the hereinbefore described "Point A"; thence NOoo53'23"W 24.95 feet; thence N07009'57"W 34.53 feet; thence NOoo19'38"E 201.85 feet; thence West 17.58 feet; thence SOoo18'14"W 149.05 feet; thence SOloOT05"E 112.10 feet; thence N89048'15"E 19.73 feet to said "Point A" and said centerline there terminating. The sidelines of said easement are prolonged or shortened to terminate at the northerly right-of-way lines of Minnesota Trunk Highway No. 36 and the westerly line of Paris Avenue North. ; and, BE IT FURTHER RESOLVED, that Washington County shall cause an exclusive easement for driveway purposes over property owned by Washington County to and for the benefit of the property at 15055 60th St N be recorded in conjunction with the right-of-way vacation. Enacted by the City Council of the City of Stillwater, Minnesota this 16th day of December, 2008. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk ~i~w~de\ THE BIRTHPLACE OF MINNESOTA ~ "Fee $250 Receipt No. City of Stillwater PETITION TO VACATE PUBLIC STREET The Undersigned Hereby Petition That All That Portion of ,n. ;:::;" <2. "tf-o (' '1 {' cf ABUTTING LOTS , Block Addition/ in the city of Stillwater, hereby be vacated. NAME "'\ . 0' (i ' [J)(CSJ1 i V1j'fcrVl LOLU1 ~,L1 ( ADDRESS IIlAo () fYlye r{))1... /laxcl N ' ;$f; {l LOCt:{eV \ fJ1JJ 5-50?"2" / i i I ,/ J.-c:< t tp51" '130.~~ 6'[ *Attach a map showing the street to be vacated. S:\Planning\street vacation application petition.wpd CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 PETITION TO CITY OF STILLWATER TO VACATE PUBLIC STREETS Narrative Background: Washington County is in the process of completing a boundary registration of its Campus Center located in the City of Stillwater. As part of that process parts of Panama Avenue and Hubert Street are located within that boundary registration area. Washington County is seeking vacation of these streets to incorporate them into the final boundary survey, Both Panama Avenue and Hazel Street were annexed into the City of Stillwater by Order from the Office of Administrative Hearings on November 10,2005 legally described in the annexation document as: ",., that part of Panama A venue North (platted as Hazel Street) of McMillan and Cooley's Addition to Stillwater, MN..." and "... that part of Hubeli Street...". Washington County has acquired all the surrounding parcels to these street portions and is the owner of property immediately adjacent to both sides of each of these streets. I have attached a map showing the area to vacate on both Panama Avenue and Hubert Street together with an aerial diagram of the same. Application Portion: The Undersigned Hereby Petition That All That Portion of All that part of Panama Avenue North, platted as Hazel Street in the plat of McMILLAN AND COOLEY'S ADDITION TO STILLWATER, lying northerly of the following described Line A, and southerly of the following described Line B: Line A is described as beginning at a point on the east line of the Southeast Quarter of the Southeast Quarter of Section 33, T30N, R20W, 262.83 feet north of the southeast corner thereof; thence westerly parallel with the north line of Block 8 in said plat to the west line of said Block 8 and said Line A there terminating. Line B is described as commencing at the northeast corner of Lot 30, Block 5 in said plat; thence South 00 degrees, 00 minutes, 51 seconds West, along the east line of said Lot 30, 20.00 feet to the point of beginning of Line B; thence South 89 degrees, 42 minutes, 24 seconds East 29.85 feet to said east line of the Southeast Quarter of the Southeast Quarter and said Line B there terminating. (PANAMA Description) Abutting Lots Lot 30, Block 5 and Lot 1, Block 8 in McMillan and Cooley's Addition to Stillwater; AND -1 - f All That Portion of All that part of Hubert Street in the plat of MURDOCK'S ADDITION TO OAK PARK, lying westerly of Paris Avenue North, platted as Seventh Street in the plat of ELFEL T'S ADDITION TO OAK PARK, and lying easterly of the northerly extension of the west line of Lot 2, Block 2 in said MURDOCK'S ADDITION TO OAK PARK, Abutting Lots Lots 27 and 28, Block 1 and Lots 1 and 2, Block 2 in Murdock's Addition to Oak Park, hereby be vacated. In addition, a property located at 15055 60th Street North in the City of Oak Park Heights currently accesses this parcel via a road easement over Washington County property off of Panama Avenue. As part of the vacation of Panama A venue, Washington County would retain an easement for road purposes to this parcel at 15055 60th Street North in the City of Oak Park Heights described as follows: An exclusive easement for driveway purposes over, under and across the following described property: See - "PANAMA Description" Above Said easement is to be used solely for ingress and egress to and from the Grantee's property located at 15055 North 60th Street, Stillwater, Minnesota, and is restricted to a strip of land 28 feet wide, being 14 feet on either side of the following described centerline: Commencing at the southeast corner of Section 33, T30N, R20W, Washington County, Minnesota; thence NOooOO'13"W, bearings are based on the Washington County Coordinate System NAD83, 1986 adjustment, along the east line of the southeast quarter of said Section 33 a distance of 299.73 feet to the northerly right-of-way line of Minnesota Trunk Highway No. 36; thence N89054'14"W along said northerly right-of-way line 5,20 feet to the point of beginning of the centerline to be described; thence northerly 30.76 feet along a non-tangential curve concave to the west, having a radius of 90.00 feet, a central angle of 19034'49" and a chord bearing N09047'11 "E; thence NOooOO'13"W, tangent to said curve, 80.63 feet; thence northeasterly along a tangential curve, concave to the southeast, having a radius of 32,00 feet and a central angle of 90036'08", a distance of 50,60 feet to its intersection with the centerline of an existing 28 foot wide driveway easement and said centerline there terminating. The sidelines of said easement are prolonged or shortened to terminate at the northerly lines of Minnesota Trunk Highway No. 36. - 2- , . , There are no utilities located within Hubert Street, however, there is storm sewer located vvithin Panama Avenue and a watermain that passes through Panama Avenue that are for both the Campus Center and residents of the City of Oak Park Heights. Washington County would also reserve a storm sewer easement and water main easement over that part of Panama Avenue legally described as follows: A perpetual easement for storm sewer purposes over, under and across the following described property See - "PANAMA Description" Above Said easement is to be used solely for the maintenance of existing storm sewer, and is restricted to a strip of land 30 feet wide, being 15 feet on either side of the following described centerline: Commencing at the southeast corner of Section 33, T30N, R20W, Washington County, Minnesota; thence NOooOO'13"W, bearings are based on the Washington County Coordinate System NAD83, 1986 adjustment, along the east line of the southeast quarter of said Section 33 a distance of 299.73 feet to the northerly right-of-way line of Minnesota Trunk Highway No, 36; thence N89054'14"W along said northerly right-of-way line 13.59 feet to the point of beginning of the centerline to be described; thence NOoo19'36"W 161.75 feet; thence N01017'06"E 91,80 feet; thence S89001 '04"W 75.87 feet; thence S88058'30"W 48.85 feet; thence S89044'44"W 1 00.44 feet; thence N39038'50"W 214.78 feet; thence S89054'46"W 178.98 feet; thence N84056'11"W 75.98 feet more or less to the easterly line of Oxboro Avenue North and said centerline there terminating. The sidelines of said easement are prolonged or shortened to terminate at the northerly lines of Minnesota Trunk Highway No. 36, and the easterly line of Oxboro Avenue North. A perpetual easement for water main purposes over, under and across the following described property: See "PANAMA Description" Above Said easement is to be used solely for the maintenance of existing water main, and is restricted to a strip of land 30 feet wide, being 15 feet on either side of the following described centerlines: Commencing at the southwest corner of Section 34, T30N, R20W, Washington County, Minnesota; thence NOooOO'13"W, bearings are based on the Washington County Coordinate System NAD83, 1986 adjustment, along the west line of the southwest quarter of said Section 34 a distance of 262,86 feet to the northerly right-of-way line of Minnesota Trunk Highway No. 36; thence S89024'06"E 14.60 feet to the point of beginning of the centerline to be .3. described; thence N0101T13"W 106.85 feet; thence N01013'23"E 110.16 feet to the hereinafter referred to "Point A"; thence N88031'24"E 179.51 feet; thence N71 053'01" E 48 39 feet; thence N52022'28"E 51.62 feet; thence N47"24'08"E 53,59 feet; thence N46008'39"E 1 06,08 feet; thence N25046'45"E 22.57 feet; thence N04045'37"E 20,28 feet; thence N01056'56"W 28,21 feet; thence N17"34'41"W 18.35 feet; thence N06058'48"W 14.61 feet; thence S8902TOO"E 49.01 feet; thence N7504T11 "E 17.98 feet; thence N51018'48"E 33.87 feet; thence N32032'43"E 2991 feet; thence N0403T54"E 18.71 feet; thence N89003'31"E 105,22 feet more or less to the westerly line of Paris Avenue North and said centerline there terminating, ALSO, beginning at the hereinbefore described "Point A"; thence NOoo53'23"W 24.95 feet; thence N07"09'57"W 34.53 feet; thence NOoo19'38"E 201.85 feet; thence West 17,58 feet; thence SOoo18'14"W 14905 feet; thence S0100T05"E 112.10 feet; thence N 89048' 15"E 19,73 feet to said" Point A" and said centerline there terminating. The sidelines of said easement are prolonged or shortened to terminate at the northerly right-of-way lines of Minnesota Trunk Highway No, 36 and the westerly line of Paris Avenue North. - 4- , " ~O'1l III c: III -0;0 ":J~ ::J. -- Q. 3. :T Q) 11l.....~ a.OIll .. C CT L <CI III c:~en 15 ~ ~ ~~ 0 CO == =' - v.>~ ~_O(f) ON~ 0:>00 00 0:> -. :J 0' 3 !!l. o' :J '1l(f) ::TO o c: ffi ~ gj~ -"Q) ~ en ~::T ~:'i" ,lC ~o -...j:J 010 o c: :J -< (f) c: ::( 11l Q en- o ~ o ~ (i;"-iIllQ)-i (I) ~ ~:g 5. ~ "" 11l en ooa.Q)(i;a. :JfJ)@"",,-o"" 5: ~ ;;. :i' (3 ~ (;)g~ ~ g-:,. co<: c.n O~. n. ~. "".:3' -. (I) ~:;Eg1iig5' '< III n:;Eg,l1l :i"~o-Q) men ~ S' 11l ~ :J ~ oCS~ :i"~~ !:;Ol1llC11l0 Q)::Jc.c;o- Q.(")_::JQO> l1loQ0a.o ~ c ..., 0 (I) 0 ~s.c:1ll3 '< 11l :J en '2. (ii" ro .:< :f Q) :J:J 0 11l<=:". g. g ~'< g o 11l !" o :< -i N ~ -i N 00 Z -i N \0 Z -i V> o Z -i V> (J) o Ql m 5' ~ TO <1> !Po .i1 . ~"~i1'! ~l!!.; . .'t<,~~~.. fJ.:l, ~ 1 ".--- . :11 __....;.g\~ ~ !fC"""'--- L. ~:~~\. :'.v"~; "1'" . '" < () ::J ~ N ::e ~ ::e ~ <::> ::e z -i V> N Z "~ "."-. - ~~;7~; :~r; :~ ::e ~ <::> ::e ....... '< s: tu "0 -1 -i N ~ < :;/,'- ;rr~-- ....'j ~ I ..,,:\v...~,' ," 0 : , ',..' - , " ,C: -i -i" ;J> - N N ~ Z ~ ,:1: ,m ~ -i V> -i V> N Z ~ \0 ::e l z N .... 00 " --~--~ "....~ iNN [ S () r A ') TO: FROM: Mayor & City Council Bill Turnblad, Community Development Director ~q-: DATE: December 12,2008 MEETING DATE: December 16, 2008 REGARDING: SELECT SENIOR LIVING OF STILL WATER LOCATION: 12525 - 75th Street (Co. Rd. 12) Just east of Rutherford Elementary School BACKGROUND On September 16, 2008 the City Council approved the preliminary plat for this project, a Special Use Permit (SUP) for the senior facility and a zoning code amendment to allow senior facilities by SUP in the Shoreland Management Overlay District1. Also, the Council conceptually agreed to a rezoning of the property from AP, Agricultural Preservation to LR, Lakeshore Residential. Before the Council now for consideration is the next step of that project review. It includes: 1) Final plat of a two-lot subdivision to be known as SELECT SENIOR LIVING OF STILL WATER; 2) Minor comprehensive plan amendment changing the guided density from Single Family Small Lot to Single Family Large Lot; 3) Zoning code text amendment to allow senior care living facilities by Special Use Permit in the LR, Lakeshore Residential Zoning District; and 4) Rezoning of the two lots in the final plat from AP, Agricultural Preservation to LR, Lakeshore Residential. COMMENTS · An analysis of the requests is presented in the attached planning report. · If the City Council agrees with the Planning Commission recommendation, then the attached resolution could be adopted and the first reading of each of the two attached ordinances could be approved. If this is the course of action that Council chooses, then the developer will withdraw the Comprehensive Plan amendment request. Consequently, a resolution denying the amendment has not been drafted. The second reading of the two ordinances would occur at the Council meeting of January 6, 2009 · The statutory review deadline for the request is January 13, 2009. ] Though, in order to encourage a facility of this type to be located on the periphery of a lakeshore district, the ordinance amendment included a performance standard that permits a facility such as this only on a property that is located partially within and partially outside of a shoreland district. Select Sr Living of Stillwater Page 2 of2 RECOMMENDATIONS Park & Recreation Cormnission On August 25, 2008 the Park & Recreation Commission recommended that the City Council charge a park dedication fee of $26,250 and a trail dedication fee of $23,375 (minus the cost of constructing the two public trail segments). Joint Planning Board On September 10, 2008 the Joint Planning Board unanimously found the project acceptable. Planning Commission On December 8, 2008 the Planning Cormnission voted unanimously to recommend approval of the project, but to recommend denial of the comprehensive plan amendment. Ci ty Staff Since the proposal is consistent with the approved preliminary plat and the Review Draft of the 2030 Comprehensive Plan, staff recommends approval according to Alternative A. 2) of the attached planning report. This recommendation includes the 11 conditions also found in the planning report. attachments: Final Plat & Development Agreement Resolution Rezoning Ordinance Comp Plan Amendment Resolution Zoning Code Amendment Ordinance Planning Report RESOLUTION NO. 2008- A RESOLUTION APPROVING THE FINAL PLAT AND DEVELOPMENTAGREEMENT FOR SELECT SENIOR LIVING OF STILLWATER CASE NO. 08-49 WHEREAS, Select Companies made application for approval of a final plat known as SELECT SENIOR LIVING OF STILLWATER; and WHEREAS, on August 25, 2008 the Park & Recreation Commission recommended approval of the proposed trail improvements and park dedication fee in lieu of on-site park development; and WHEREAS, on September 10,2008 the Joint Planning Board held a public hearing and found the final plat acceptable; and WHEREAS, on September 8, 2008 the Planning Commission held a public hearing and recommended approval of the preliminary plat; and WHEREAS, the City Council held a public hearing and approved the preliminary plat for SELECT SENIOR LIVING OF STILLWATER on September 16, 2008; and WHEREAS, the final plat of SELECT SENIOR LIVING OF STILL WATER IS consistent with the approved preliminary plat. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the final plat of SELECT SENIOR LIVING OF STILL WATER and its Development Agreement, with the following conditions: 1. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except as may be modified by the conditions herein: i. Layout Plan 11. Erosion Control Plan lll. Grading Plan IV. Utility Plan v. Lighting Plan VI. Landscape Plan Vll. Site Plan Vlll. Garage Floor Plan IX. First Floor Plan x. Second Floor Plan Xl. Third Floor Plan XII. North Elevation Xlll. Tree Removal Plan Revision date 12/9/08 Revision date 12/9/08 Revision date 12/9/08 Revision date 12/9/08 Revision date 12/9/08 Revision date 12/9/08 Dated 7/18/08 Dated 10/17/08 Dated 10/17/08 Dated 10/17/08 Dated 10/17/08 Dated 7/18/08 Dated 12/12/08 2. The final engineering plans shall be found satisfactory to the City Engineer prior to release of the Final Plat. 3. The five trees marked in the attachment entitled "Tree Exhibit" shall be transplanted to locations found acceptable to both the City Engineer and the property owners. In addition, the developer shall guarantee that these trees will be replaced by the developer with the same tree species at a size of at least 2.5" DBH if within two years they die for causes related to the transplanting. 4. A permanent utility easement shall be created for the sanitary sewer main that will run along the elementary school property to the west of the subject plat. It shall be in a form and with content found satisfactory to the City Attorney and the Public Works Director. Said easement shall be fully executed and submitted to the City prior to release of the Final Plat for recording with Washington County. The easement shall be located in such a way as to minimize the removal of existing mature trees. 5. Prior to release of the Final Plat for recording with Washington County, a park dedication fee and trail fee in amounts found satisfactory to the City Council shall be submitted to the City. 6. All electrical and communications utility lines shall be buried. 7. Trout Stream Mitigation fees, Transportation Mitigation fees, and sewer and water fees will be due and payable prior to release of the Final Plat for recording with Washington County; or prior to issuance of a building permit, whichever occurs first. 8. The developer shall construct turn lanes on County Road 12. The plans for these turn lanes shall be approved by the County Engineer and a copy of the approved plans shall be submitted to the City prior to release of the Final Plat for recording. The cost of these improvements, as estimated by the City Engineer, shall be credited against the City's Transportation Mitigation Fee. 9. Prior to release of the plat for recording with the County, the City shall receive a letter from the Minnesota Department of Natural Resources stating that the developer may proceed with the project. Enacted by the City Council of the City of Stillwater, Minnesota this 16th day of December, 2008. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk . -.J' ~ \ ( ) \ \ (~ . \.. I I r () \../ ~ ~,'(; J Tree Exhibit NORTH LINE OF il8Em ON TilE LAKE "TII AOOlTI0N---~\ " I " i -r! Ir i-\!\ I I r 7 l_ , I I \} I! 'j I III/if\ ' i\ n:~1 I iUI \} r\u~ . "r- I /I 1/- l- r\ r \ L- / / / ~i 'j;-- I ~~ R~ ~:-... 1L .kit SS /AsII ~~ 6lN:H ~__ OA/< 1.1 lvcH ~ ~ PIN< ~ ~ R 6 ~~ ~~ ..:j~ ~~ ~ \ ~ I " \ \ \~ '-l \) \ REMM lXlSTING--- SEWEf( CONNECTION (~~---- \ / ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE SECTION 31-300 ENTITLED DISTRICT BOUNDARIES SELECT SENIOR LIVING OF STILLWATER CASE 08-49 The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: Section 1. The Zoning Map of the City of Stillwater is amended as indicated on the attached map marked Exhibit A and the areas indicated thereon are changed from AP, Agricultural Preservation to RB, Two-Family Residential until the adoption of the 2030 Stillwater Comprehensive Plan by the Stillwater City Council, whereupon the property shall automatically be rezoned to LR Lakeshore Residential. Section 2. This Ordinance shall be in full force and effect from and after its passage and publication according to law. However, it shall not be published until a building permit for the senior care living facility (approved pursuant to Case 08-49) is ready for issuance by the City Building Official. Section 3. In all other ways the Stillwater City Code shall remain in full force and effect. Adopted by the City Council this day of ,2009. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane Ward, City Clerk Exhibit A \, \ \ \ ''''''''~ """, ......------------ // ',\ - / ~l\~,F\ I \ \ \ ! \ \ \ I, I \ I I ' \ __-1----- I \,11 ~__- ,i __-,---;-L-- ,_ ,i __------ "")_ -------- Rtyad -1 k cnunty -~- / / // - -~--------- ~ ------ ~ ,,' 4 ~ I Op Art\! re7() ned 0h8Ut'( pr J. -', ~: '-Fc-mil R€\3identlcll, ternporarll~lto RB, TI!<!dO LF',d L3~erlwre Resiejenti81 thereafter to be zon e , " :> , I r /c"->, / r~\' ) ;>\, " I / _-J, i //, >/ I \...-.- "\ \, /~ I '/ /.... \ \, ~)------ \'\ // ,~>~ l \ 7 ' ! ~.\ I '~," " "'-J / \ \ ):r Q? "r- '.' - ~:/ / I \ , \ -\\\ J 1,1 l.\ );\ "-/\'\ /'\ I J ,/ \. ~"\ // / \~~ ) l Long Lake, )/ ) // '/ ------~ II ____~ \ \ \ '0x / / ~ _-----) : /\ / " ,:,~~ / t- ---- · I ----J,' '. ~~ .'~(.n// \,~ \ \ I \ \" ~<// // ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 31, ENTITLED ZONING ORDINANCE BY ADDING "SENIOR CARE LIVING FACILITY" IN THE LAKESHOR RESIDENTIAL ZONING DISTRICT AS A SPECIALLY PERMITTED USE THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Purpose. The City of Stillwater finds that "senior care living facilities" are a use that under certain circumstances fit compatibly with other allowed uses in the LR, Lakeshore Residential Zoning District. Consequently, such use shall be allowed with a Special Use Permit if it meets the Special Use Permit review criteria found in City Code Chapter 31, Section 31-207. 2. Amending. City Code Chapter 31, Section 31-315 is amended by adding "Senior care living facility" as a specially permitted use in the LR, Lakeshore Residential Zoning District column ofthe "Allowable Uses In Residential Districts" table. 3. Savings. In all other ways City Code Chapter 31 shall remain in full force and effect. 4. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this day of 2009. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane Ward, City Clerk Planning Report DATE: December 12, 2008 CASE NO.: 08-49 RE: 1) Final Plat known as SELECT SR LIVING OF STILLWATER 2) Comprehensive Plan Amendment 3) Zoning Code Text Amendment 4) Rezoning APPLluANT: Greg Johnson, Director, Select Companies LANDOWNER: Lenard Huebscher LOCATION: 12525 - 75th Street (Co. Rd. 12) HEARING DAlE: December 16, 2008 REVIEWED BY: City Attorney, City Engineer, City Planner PREPARED BY: Bill Turnblad, Community Development Director '::P rj. BACKGROUND Greg Johnson, Director, Select Companies, has submitted the final plat for SELECT SENIOR LIVING OF STILLWATER. The property is currently owned by Lenard Huebscher and is located just east of Rutherford Elementary School on County Road 12. The two-lot plat would create one lot for the existing Baptist Church and its relocated parsonage. The other lot would be for the Select Companies project, which is a 101 unit senior care living facility. On September 16, 2008 the City Council approved the preliminary plat for this project, a Special Use Permit (SUP) for the senior facility and a zoning code amendment to allow senior facilities by SUP in the Shoreland Management Overlay District1. Also, the Council conceptually agreed to a rezoning of the property from AP, Agricultural Preservation to LR, Lakeshore Residential. Though the property will be rezoned to LR, Lakeshore Residential, the preliminary plat application for the project included a request to rezone the site to RB, Two-Family Residential. However, as the public review process unfolded, it became apparent that a rezoning to RB was I Though, in order to encourage a facility of this type to be located on the periphery of a lakeshore district, the ordinance amendment included a performance standard that permits a facility such as this only on a property that is located partially within and partially outside of a shore land district. Select Senior Living - Final Plat December 12, 2008 Page 2 of II not acceptable to the City; rather, LR Lakeshore Residential was the preferred zoning classification. Consequently, though the proposed use is not allowed in the LR district an amendment to allow the facility in the LR district was not reviewed with the preliminary plat. It was recognized that an ordinance amendment to allow the facility by SUP in the LR district would have to be requested with the final plat application. Also, the preliminary plat request to rezone the property to RB, Two-Family Residential was consistent with the Comprehensive Plan's future land use designation for the site, which is Single Family Small Lot (SFSL). However, the City's preferred LR Lakeshore Residential zoning is not consistent with the SFSL designation. It was recognized that a comprehensive plan amendment would have to be requested with the final plat application. The amendment would be to re-designate the future land use of the site as Single Family Large Lot (SFLL). SPECIFIC REQUEST Select Companies is requesting the following of the City: 1. Approval of a two-lot Final Plat to be known as SELECT SENIOR LIVING OF STILLWATER. 2. Approval of a comprehensive plan amendment changing the future land use map designation of the property from SFSL, Single Family Small Lot to SFLL, Single Family Large Lot. 3. Adoption of a zoning code text amendment to allow senior care living facilities by Special Use Permit in the LR Lakeshore Residential Zoning District. 4. Adoption of a zoning map amendment changing the zoning of the two lots in the final plat from AP, Agricultural Preservation to LR, Lakeshore Residential. EVALUATION OF REQUEST 1. Final PIa t The conditions attached to the preliminary plat approval are reviewed below. 1. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except as may be modified by the conditions herein: · Proposed Layout Plan · Proposed Grading Plan · Proposed Utility Plan · Proposed Lighting Plan · Proposed Landscape Plan · Proposed First Floor Plan · Proposed Garage Floor Plan · Second Floor Plan · Proposed Third Floor Plan · Proposed Front Elevation dated 9/4/08 dated 9/12/08 dated 9/12/08 dated 9/12/08 dated 9/4/08 dated 7/18/08 dated 7/18/08 dated 7/18/08 dated 7/18/08 dated 7/18/08 Select Senior Living - Final Plat December 12,2008 Page 3 of 11 The final plans that have been submitted are in substantial conformance with the plans listed above. 2. The rezoning of the property shall not become effective until the applicant receives Final Plat approval from the City Council. OK 3. If the rezoning of the property is to LR, Lakeshore Residential, then it shall not become effective until the applicant receives approval of a minor Comprehensive Plan amendment by the City Council. If the Meb'opolitan Council requires any significant modifications to the Comprehensive Plan amendment as proposed, then the Comprehensive Plan amendment shall be reconsidered by the City. If the Metropolitan Council makes a finding that the Comprehensive Plan amendment has a substantial impact on, or contains a substantial departure from, any metropolitan systems plan, then the Comprehensive Plan amendment shall be reconsidered by the City. The comprehensive plan amendment has become an issue. This is the result of a policy decision made by the Metropolitan Council. The policy was adopted by them subsequent to the city's approval of the preliminary plat for this project. According to that policy, cities such as Stillwater that have not yet adopted their 2030 Comprehensive Plan will not be allowed to make application to the Metropolitan Council for amendments to their 2020 Comprehensive Plan. The effect of this policy and alternative courses of action are discussed in detail later in this report. 4. The preliminary engineering plans shall be found satisfactory to the City Engineer, or revised to his satisfaction prior to Final Plat application. The City Engineer finds the plans acceptable. 5. Along with final plat application materials, a b'ee inventory shall be submitted with a tree replacement plan. Lenard Huebscher has granted Select Companies permission to use the tree survey submitted to the city for the now defunct Elite Development project from 2006. The threshold of tree removal for the project does not require tree replacement. 35% of the trees may be removed without replacement requirements. 9 of 872 trees will be removed, or 10.3%. This can be seen in the attached survey. Consequently, no replacement is required by Ordinance. However, tree removal is a concern right around the existing sanitary sewer manhole on the neighboring lot. Attached drawings C1.1 and C4.1 show how the sanitary sewer extension will be aligned. It also shows the manhole at the end of the existing sewer line. As can be seen from the attached detail of the existing sewer line and the trees near it, five trees will be impacted by the proposed sewer extension. Three of them are 4 inch pines and two are 4 inch birch clusters. The pine are located on Rutherford Elementary School property and the birch are on private property. The developer proposes to transplant each of the trees within the immediate vicinity, but at a safe distance from the sewer line and manholes. With a tree spade, a 4 inch tree could be transplanted successfully. A condition offinal plat approval should be that these trees be guaranteed by the developer to survive for two years. If they do not, 2 87 trees that are at least 50% on the property. Any three that is more than 50% on another property is not included in the total number of trees. Select Senior Living - Final Plat December 12, 2008 Page 4 of 11 they should be replaced by similar trees with a diameter at breast height of not less than 2.5 inches. 6. A permanent utility easement shall be created for the 8" sanitary sewer line that runs eastward from Minar A venue to the church. It shall be in a form and with content found satisfactory to the City Attorney and the Public Works Director. Said easement shall be fully executed and submitted to the City prior to release of the Final Plat for recording with Washington County. This has been completed. As seen on the attached final plat, an easement is shown for this purpose. 7. A permanent utility easement shall be created for the sanitary sewer main that will run along the elementary school property. It shall be in a form and with content found satisfactory to the City Attorney and the Public Works Director. Said easement shall be fully executed and submitted to the City prior to release of the Final Plat for recording with Washington County. The easement shall be located in such a way as to minimize the removal of existing mature trees. The easement and sewer line are located along the Rutherford Elementary School athletic fields. This is done to avoid damaging trees. The school has verbally agreed to the easement. Though a formal document has yet to be drafted and executed. Prior to release of the plat, the developer will need to submit a fully executed copy of this easement to the city. 8. Prior to release of the Final Plat for recording with Washington County, a park dedication fee in an amount found satisfactory to the City Council shall be submitted to the City. . The amount of this park dedication fee and trail fee must still be decided upon by the City Council. The Park Commission has reviewed the project and recommends the following: Ordinance Standards Ordinance 963 establishes minimum public park and trail dedication requirements. In cases such as this one where the Comprehensive Plan and park planning efforts do not identify a need for on-site parkland, a park dedication fee is required in lieu of a land dedication. Park Dedication Fee Unfortunately, there is no established park dedication fee in Ordinance 963 for a senior living facility. The most similar fee may be for multiple-family projects, which require $1,500.00 for each unit. However, case law is very clear on this issue. There must be a "rational nexus" between the park fee charged and the impact that the project may have on the park system. The impact of a senior living project and an apartment building are not the same. Therefore, the Park Board discussed the relative impact of each of the types of living units proposed for the project, and tried to match that impact with an appropriate fee. Their recommendation to the City Council is as follows. Select Senior Living - Final Plat December 12,2008 Page 5 ofll Unit type Standard fee/unit Recommenced fee/unit $0 $0 $750 Recommended Total Memory loss Assisted living Independent living The Park Commission recognized that the memory loss residents will not likely use the park system, and the assisted living residents will use it very infrequently. They reasoned that compared with an average multiple-family project resident and independent living resident may use the park about half as frequently. Though, they would use the trail system nearly as much. Therefore, they came to the conclusion that the appropriate park impact fee would be $26,250. As a means of comparison, if the property were zoned commerciat a park dedication fee of 7.5 % of the value of the net acreage would be required. Assuming$3 per square foot ($3-$4 was the assumption for non-downtown commercial property in Stillwater when the real estate market was healthier a few years ago), the total fee for this commercial site would be about $42,750. But since the property is to be zoned LK Lakeshore Residentiat the only other permitted use is single family. So, if the 5.3 acre senior living lot were developed as LK Lakeshore Residential home sites, perhaps as many as 10 lots could be created. This is probably unrealistically high, but for the sake of argument we will assume 10 lots. At $2,000 per lot for single family homes, this would yield a park dedication fee of $20,000. The Park Commission recommends a fee slightly higher than this; $26,250. Trail Dedication Fee In addition to the park dedication fee, Ordinance 963 also requires a trail dedication fee if a trail is not to be built and dedicated to the public. In this project a public trail is proposed along Minar A venue as well as a public trail behind the senior living building. The trail segments would create a loop. It would also double as a means for the public works maintenance crews to access the stormwater ponds and sanitary sewer line. Therefore the construction cost of the two trail segments can be credited against the fee. As with the park fee, the Park Commission has considered impact upon the trail system and made a trail fee recommendation based upon that. The recommendation is found below. Select Senior Living - Final Plat December 12, 2008 Page 6 of 11 Number of Standard Recommended Recommended units fee/unit fee/unit Total 19 $500 $0 47 $500 $5,875 35 $500 $17,500 RECOMMENDED TOTAL $23,375 The total trail dedication fee is therefore recommended to be $23,375 minus the cost to the developer of constructing the public trail segments. 9. The Final Plat shall include restricted access to County Road 12 along both lots. Done 10. All electrical and communications utility lines shall be buried. This shall be specified in the plans submitted for Final Plat approval. The utility plan does not include this note. It should therefore remain a condition of approval so when the building permit application is submitted, staff will check to make sure this is satisfied. 11. Trout Sh'eam Mitigation fees, Transportation Mitigation fees, and sewer and water fees will be due and payable prior to release of the Final Plat for recording with Washington County, or prior to issuance of a building permit, whichever occurs first. To be completed prior to release of plat. 12. The Final Plat application materials shall include a temporary turnaround at the terminus of Minar A venue. The turnaround shall be found satisfactory to the Public Works Director and the Fire Chief. This has been done. 13. Prior to release of the Final Plat or building permit, whichever occurs first, the developer shall deposit a County Road 12 lane improvement escrow with the City in an amount found satisfactory to the Public Works Director. The escrow shall be sufficient to cover the senior care living facility's fair share of the cost of constructing a future bypass or turn lane for the Minar A venue intersection with County Road 12. Though the county indicated it may be possible to approve this project with an escrow for future County Road improvements, they have found to the contrary with the additional details submitted with the final plat. Even though the turning lane improvements would be intended to serve all of the underdeveloped property in the neighborhood, the County wants it constructed now. Therefore, the civil engineering plans will have to be revised to the satisfaction of the county. These revisions will need to be submitted to the city prior to the release of the final plat for recording with the County. The cost ofthis improvement would be borne by the senior living facility, even though it is intended to provide the necessary highway improvements for development of all the underdeveloped property in the area south of County Road 12. Therefore, the cost of these improvements could be credited against the required Transportation Mitigation fees mentioned above. This is similar to the way we deal with oversizing Select Senior Living - Final Plat December 12, 2008 Page 7 of 11 streets, and utility improvements. The City generally credits the extra capacity and oversizing to the developer since he is mitigating the impact of someone else's development along with his. 14. A storms ewer pipe extension to the south property line shall be included within the Final Plat application materials. The details of said stormsewer pipe shall be found satisfactory to the Public Works Director. The stormwater system proposed with the preliminary plat was a private system. So even though the ponds were sized to accommodate stormwater from surrounding property, either an easement would have been necessary to cross the private property with a stormsewer pipe, or a stormsewer pipe would need to be constructed to the southern property line. Since the best location for that pipe can only be guessed at today, a better solution is to encumber the stormwater pond with a public drainage easement. This has been included in the attached final plat. 15. A development agreement in a form and with content found satisfactory to the City Attorney and the Public Works Director shall be submitted for approval by the City Council. Said development agreement must be found satisfactory to and approved by the City Council prior to release of the Final Plat for recording with Washington County. The draft development agreement is attached. 16. Cut sheet details shall be submitted along with final plat application materials for each of the exterior fixtUres. Done. They are basic, but they accompl,ish the goal of concealing the light source from off-property viewers. II. Comprehensive Plan Amendment The City's current Comprehensive Plan (the 2020 Plan adopted in 1995) shows the subject property guided for development at a Single Family Small Lot (SFSL) density. The guided land uses for the area can be seen in the attached map entitled "2020 Future Land Use". The two zoning districts that are consistent with this density are the RB, Two Family Residential and the CR, Cottage Residential zoning districts. The preliminary plat application requested a rezoning toRB. The City prefers zoning the property LR, Lakeshore Residential. But, this zoning district corresponds to the Single Family Large Lot (SFLL) density of the 2020 Comprehensive Plan, not the Single Family Small Lot (SFSL). Therefore, a Comprehensive Plan amendment from SFSL to SFLL has been requested to accommodate the rezoning to LR, Lakeshore Residential. The logic for changing to the lower density is to be consistent with the half acre lots required by Long Lake's shoreland overlay district regulations, which applies to all property within 1,000 feet of Long Lake. The need for a Comprehensive Plan amendment to allow rezoning to LR, Lakeshore Residential is real. Never the less, the Metropolitan Council will not accept the City's Comprehensive Plan Amendment application. This is the result of two factors. 1) A mandatory 60 day review period exists for surrounding jurisdictions. Until the surrounding communities have had their comment period, the Metropolitan Select Senior Living - Final Plat December 12, 2008 Page 8 of 11 Council will not accept the application. So, the earliest the City could submit the application to the Metropolitan Council would be sometime in February. 2) The Metropolitan Council will accept no amendments whatsoever to any City's 2020 Comprehensive Plan after December 31,2008. The December 31, 2008 deadline is apparently a way to encourage Cities to get their 2030 Comprehensive Plans submitted to the Metropolitan Council by the end of 2008. The combined effect of these two factors is to make it impossible to submit the Comprehensive Plan amendment application necessary to rezone the property to LR, Lakeshore Residential. Consequently, there appears to be two alternative courses of action. 1) Delay the release of the final plat and building permit until the 2030 Comprehensive Plan is adopted. a. The future land use map of the 2030 Comp Plan shows the property guided for Low Density Residential development. This is equivalent to the 2020 Comprehensive Plan's Single Family Large Lot classification and is consistent with the LR, Lakeshore Residential zoning district. See the attached map entitled "2030 Proposed Future Land Use". b. However, the 2030 Comp Plan probably will not be ready for adoption until September 2009. c. The delay would likely be the demise of the senior care living facility. 2) Temporarily rezone the property to RB, Two-Family Residential. Since the RB district is consistent with the density of the 2020 Comprehensive Plan, no amendment would be required. a. The 2030 Comprehensive Plan guides the property for Low Density Residential. The LR, Lakeshore Residential zoning district is consistent with the Low Density Residential classification. b. The ordinance temporarily rezoning the property to RB could be written such that upon adoption of the 2030 Comprehensive Plan, the property would automatically be zoned to its permanent LR classification. c. To assure that the property would not be temporarily rezoned to RB and become available for development for something other than the senior care living facility, a condition of the ordinance could read that the rezoning ordinance would not be published and become effective until a building permit for the senior facility is approved for release by the City Building Official. Since the Planning Commission and City Council are in favor of the LR zoning, and delaying release of a building permit until September is unacceptable to the developer, staff recommends the second course of action. Select Senior Living - Final Plat December 12, 2008 Page 9 of 11 III. Zoning Ordinance Text Amendment The City Code limits the land uses within the shoreland district to single-family homes, parks, historic sites, and cropland.3 Therefore, at the time of the preliminary plat application, Mr. Johnson requested an amendment to allow senior care living facilities by Special Use Permit within the shoreland overlay district. This was approved by the City Council. However, as mentioned above, an ordinance amendment to allow the facility by Special Use Permit within the LR, Lakeshore Residential zoning district is necessary as well. Senior care living facilities within the City's LR district seem reasonable. Such facilities can be developed with sensitivity to lake resources, and they are already allowed in many of the City's other single family residential districts by Special Use Permit. Staff believes the fact that senior living facilities are not listed as allowed uses in any of the post 1995 neighborhoods is NOT an indication that they would be considered incompatible in those neighborhoods. Rather, that they simply have not been proposed for any of those neighborhoods yet. If the facility is designed properly, it could fit into most any residential neighborhood satisfactorily. IV. Rezoning On September 16, 2008 the City Council gave conceptual approval of a rezoning of the two subject lots to LR, Lakeshore Residential. However, it was the Council's desire to wait until the final plat came back before the rezoning was formally approved. As detailed above; staff recommends temporarily rezoning the property to RB, Two-Family Residential. Since the RB district is consistent with the density of the current comprehensive Plan, no comprehensive plan amendment would be required. AL TERNATIVES A. Approval If the City Council finds the project to be acceptable, the Council could approve the project. An approval could take one of two forms; 1) Approve the: a) final plat, b) first reading of the text amendment, c) comprehensive plan amendment, and d) rezoning. This would have the effect of delaying release of the building permit and the plat until sometime in September. 2) Deny the comprehensive plan amendment, but approve: a) the final plat, b) the first reading of the text amendment, and c) a temporary rezoning to RB, Two-Family Residential. B. Table If the City Council finds that the application is not complete enough to make a decision, it could continue the hearing for additional information. 3 City Code Section 31-402, Subd. 4(b)( 1). Select Senior Living - Final Plat December 12,2008 Page 10 of 11 RECOMMENDATION Since the proposal is consistent with the approved preliminary plat and the Review Draft of the 2030 Comprehensive Plan, staff recommends Alternative A. 2), with the following conditions: 1. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except as may be modified by the conditions herein: 1. Layout Plan Revision date 12/9/08 Il. Erosion Control Plan Revision date 12/9/08 Ill. Grading Plan Revision date 12/9/08 IV. Utility Plan Revision date 12/9/08 v. Lighting Plan Revision date 12/9/08 VI. Landscape Plan Revision date 12/9/08 VIl, Site Plan Dated 7/18/08 viii. Garage Floor Plan Dated 10/17/08 IX. First Floor Plan Dated 10/17/08 x. Second Floor Plan Dated 10/17/08 Xl. Third Floor Plan Dated 10/17/08 XIl. North Elevation Dated 7/18/08 Xl1l. Tree Removal Plan Dated 12/12/08 2. The final engineering plans shall be found satisfactory to the City Engineer prior to release of the Final Plat. 3. The five trees marked in the attachment entitled "Tree Exhibit" shall be transplanted to locations found acceptable to both the City Engineer and the property owners. In addition, the developer shall guarantee that these trees will be replaced by the developer with the same tree species at a size of at least 2.5" DBH if within two years they die for causes related to the transplanting. 4. A permanent utility easement shall be created for the sanitary sewer main that will run along the elementary school property. It shall be in a form and with content found satisfactory to the City Attorney and the Public Works Director. Said easement shall be fully executed and submitted to the City prior to release of the Final Plat for recording with Washington County. The easement shall be located in such a way as to minimize the removal of existing mature trees. 5. Prior to release of the Final Plat for recording with Washington County, a park dedication fee a trail fee in amounts found satisfactory to the City Council shall be submitted to the City. 6. All elech'ical and communications utility lines shall be buried. 7. Trout Stream Mitigation fees, Transportation Mitigation fees, and sewer and water fees will be due and payable prior to release of the Final Plat for recording with Washington County, or prior to issuance of a building permit, whichever occurs first. 8. The developer shall construct turn lanes on County Road 12. The plans for these turn lanes shall be approved by the County Engineer and a copy of the approved plans shall be submitted to the City prior to release of the Final Plat for recording. The cost of these improvements, as estimated by the City Engineer, shall be credited against the City's required Transportation Mitigation Fee. 9. The ordinance temporarily rezoning the property to RB, Two-Family Residential shall be written in such a way that upon adoption of the 2030 Stillwater Comprehensive Select Senior Living - Final Plat December 12, 2008 Page 11 of 11 Plan, the property will automatically be zoned to its permanent LR, Lakeshore Residential classification. 10. To assure that the property will not be temporarily rezoned to RB and then be development for a project other than the senior care living facility being proposed, a condition of the rezoning ordinance shall read that the rezoning ordinance will not be published and will not become effective until a building permit for the senior care living facility is approved for release by the City Building Official and is paid for by the developer. 11. Prior to release of the plat for recording with the County, the City shall receive a letter from the Minnesota Department of Natural Resources stating that the developer may proceed with the project. cc: Greg Johnson attachments: Location map 2020 Comp Plan - Land Use Map 2030 Comp Plan - Proposed Land Use Map Final plat Final plans Tree survey . Tree Exhibit (4.tga 1 1 77TH ST N 12 Location & Zoning Map Select Senior Living \ 1' JI ---�I / z II f -SITE ■ Lakeshore Overlay District Zoning Districts A-P, Agricultural Preservation RA - Single Family Residential RB - Two Family TR, Traditional Residential LR, Lakeshore Residential k ; CR, Cottage Residential CTR, Cove Traditional Residential CCR, Cove Cottage Residential CTHR, Cove Townhouse Residential TH, Townhouse RCM - Medium Density Residential . RCH - High Density Residential Fri VC, Village Commercial CA - General Commercial CBD - Central Business District BP-C, Business Park - Commercial BP-O, Business Park - Office [ _ii BP -I, Business Park -Industrial IB - Heavy Industrial CRD - Campus Research Development 1 PA - Public Administration Public Works Facility 11. Railroad WATER I- Outside City Limits ID~DDDIDIDIIDDD~IDIIDIIDDI~ ~o~~~~wm~~~o~o~roro~rooo~>ww~~ ~Cm>o>wwZ~Qmo~o~~o~oz~w~~~~ ~~~~F ~ w~-o 0 ~~~ ~ ro r Q) =' c. C en ro Q -< a ~cn OCD ~- O~ "Tlr-+ CO cO 'CD 3 "'C IQ) Q) :J :J CD c..en C en CD (') Q) (/) CD ~ o . o 00 I ~ (0 ..... N O'l N o DIDIDD[JIIIDIIDD~ ~en:;US:"'U3"3":;UO()ZIs:rr"TI CD c 0 OJ OJ en c.. CD 0 0 CD <30 CD 0 0 C !::!: =4. OJ ::!. ~ = c en :IE 3 <30 :r c..:IE :IE 2' OJ OJ c.. ::J - 2' en CD ::J 3:r _0 -- ..... ::JC'>:;uOJ:;u-q-OJ- C-OC3S:0CD c.. CD I CD o' 05" 0 ~ CD 0 CD CD CD r <0 C'>::J -:r:5; 0 :+::Jen o9:~ OJ < I . 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N tIJ ::l: m ~ ~ ~ ~ ~ ~ ~ '" ~ ~ ~ ~ ~ '" ~ ~ ~ ~;r ~ N ~~ 2': @ Z (D o s .+z.~ .., ~? :c ! ~~ ~ ~ E ~~ a R- ~P:i . rJl 8l3:", 0 ~ ~~ ~ ? ~8::J ~ ..... ::s ~z Hi g ~~~ 2l , i11 i5:r! li b~~ A \S1(!) 00 /'-. A '.D ) CiJ 5& U1 ru '.D :vc, S..;> \) '" CD r () n 7\ \)J -_1- .---... ~ -- - ~ ~ ~ ~ 1'..-' GJ --1 (i) r'~ .. () () ^ '!1( ~~ @@ . ()\ /~/ / ~ / ./' ~~ /~ /" /~ / ~. 43 :\ ~1W'5 (C, I Ui CD s.w 7\ \ \ w ~ . ~Q cD l0 W ()J ;; . N tJ) . = ~ . --~ EJ --.- -~- =-=-- CID . L. - . - ~ ~~ \ <I) . ~ \\ l1- rtf, V ct ~ ~ h? >0 o;j 5: IT) ~ ~ , rv ~ -, (1'1 \ ~ r C:l. " V 5 .t V ~ \ \ \ \ \ \ \ \ \ ~~ \ ~~ \ ~~ ) :\ I \ I \ \ \ \ I 1 \ I \ \ I 1 \ \ .\ ~\ \ \ \ \ \ TREE EXHIBIT Prepared For: Select Senior Living 12415 55th Street North Lake Elmo, MN 55042 LEGEND -8" SAN----@-+-- EXISTING SANITARY SEWER a"s , . PROPOSED SANITARY SEWER TREE REMOVAL NOffh' LI,vE or T,JiE SOUTh' 105500 f"E5 OF TilE NE1/fI OF THE SW 1/'1 or SECTION 30 T30N /i'ZOW \'-$ ,,\/ I I II ;\ " \' \1 k C) \ l- V' ~~ v' I !< , 1;\ I " \' I" \ C", ~ ' j ell ,.!-~'r)'-ford 1\ L..A L' r,/J ,--.. J",J;, (, 1''\ I ~rj'-\I '-'......., ,\./\.11 r-/J"),-.,t')n l \. I r ~ L_le...., ,1:>" l~ ~ ,,:Z ,,"" ~il:", b; V) $ 1:J ~ ~ ~ ~ ~ ",-!:.h.: "J ~ ".:; ~~"l ~ ~ ~ ~~~ . -J' _1. \ '~) I I r ()f / L \ ~"' (/ '... j (' "" \..) ,J NOEll LINE OF LIf5E/iJY ON TilE LAKE HII ADDITION, -I ,; I,,", ~ j,--.r-C)t VI 'J I IL--JC-I \ I I 1\1'\1)101\ I I! II J I ~ uL/J I IV) '.J 'r ,rJ / \ / / , ,-- I : ,UII I~ I~ l.;j I IE:: I~ ,:S :~ I '" I ::,; ~ I~ I~ 1<::'1 '\ 1 '" -----I~ 1 I~ It.l:' I SEWER CONNECTION I I 1 1 I 1 1 1 I 1 1 L_____________________ 3'17 L.F. -@ 8;./:: SDI( 35 8 "S r------ Folz, Freernan, Erickson, Inc, LAND PLANNING . SURVEYING . ENGINEERING IDIB. 12445 55TH STREET NORTH '.' LAKEELMO, MINNESOTA 55042 , Phone(65I) 439.8833 fax (651)430.9331 A N W+E S ~ ORIGINAL SCALE 1 INCH = 60 FEET , , I 30 60 120 SCALE IN FEET ,-..r-/ ::;C_L r- (,,-r L_V f nC VI f 1\ "" /(" ,--..r-/\ line) I v II \f\/ '-....c I "JIVI \ L_ '--"~/~ I IAI ^ TE-F~ 2: I IL_L. VV 0 - ~~--- PROPOJUJ DRAINAGE ANiJ /./TUflY EAJEMCNT /, r, (' I) \..) v \ ~ I ~ ~ " (' ", ) ~/' \'-\ 1-1 I !< " ;\ " \' r '- I I 'Jl." ~ I !r II k GI .\. V'.~~ L' '" ~~ ~"= ~B lt~" ~~- p,u ~ ~ h: S ~~ ~~ ",,- ~~ I hereby cerl(fV Ihat thir survey, plOl1 or report was prepared by me or lindeI' my direct stlpenJt:rion and that I am a dub} Licensed Lalld Surve.For under the Laws of d,e Stale Clllt/illne.mla. Preliminary Timothy J Freeman, IS Jflill/leSOIr1 Licen.re .No. 16989 August 06, 2008 Dale Map No. 08-134 Easement Exhibit Note. Official Copies of this map are crimp sealed (Q 2008 - Fob::, Freeman, Erickson, Inc. - All Rights Rc:icrved , ( -"\ --I > -', oJ --- .~ CJ -r':/ C,J -- - --i --~, 'l~ -- - ----l (-) r\l -7 ./' - --- \~ I ~ ~ \> ...-- ~~ .. .~.......... /' '" ~r\~ l ! ~~~ ~I~ ~~~ ~ I ~ I \ ~. '- '..... "" ~~~ t!r~ l J ! I \ I , ~ ;, \i~ ! \ ~,~ ~SS ~ ~~ ~~ li\ ~~ ~~ ~&i ~.< ~ ~~ F~ I ) ~;') (\" '-. \_j (.......... "- ) \~ (----..., ,-_""I - -=:., -- ( ~ ~~ ,~ I ~~ -! ........-. ~---- ~ ~ -'^.)~ P,e(JPtJS4{; /If) >..u --1~' l I : ~~ :1 I ~ j I \ I~ "'-.1 ~ \ ~.\J - \\ ~ ~ ~ ~ '-- "-. ~ ~ ~ WesT LINE OF TIlE IvW 1//1 OF TIlL SEll'! OF SECTION !JO, T,j()N /(LOW "\_- t' ~ ~ '\~ ~~ ~ - --;7 'fJ\ ~ ~ ~ / ~ ~ ~ L-- .-:~~ ~~..... ~ ~ ~ - ----- .. First Draft: 12/12/08 DEVELOPMENT AGREEMENT RELATING TO THE SELECT SENIOR LIVING OF STILLWATER PROJECT BY AND BETWEEN THE CITY OF STILL WATER, WASHINGTON COUNTY, MINNESOTA AND STILLWATER SELECT PROPERTIES, LLC, a Minnesota Limited Liability Company. This Instrument Drafted By: David T. Magnuson Magnuson Law Firm 333 North Main Street, Suite 202 Stillwater, MN 55082 651-439-9464 telephone 651-439-5641 fax .. DEVELOPMENT AGREEMENT RELATING TO SELECT SENIOR LIVING OF STILLWATER BY AND BETWEEN THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA, AND STILLWATER SELECT PROPERTIES, LLC THIS AGREEMENT, made this day of ,2008, between the City of Stillwater, a political subdivision of the State of Minnesota, (the "City"), and Stillwater Select Properties, LLC, a Minnesota limited liability company (the "Developer"); WITNESSETH THAT, the parties hereto recite and agree as follows: SECTION 1. RECITALS. 1.01 The Property. The Developer owns the property located within the AP Zoning District in the City of Stillwater, Washington County, Minnesota, described in Exhibit "A" attached hereto (the "Property"). (A) Developer has applied for plat approval, a Comprehensive Plan amendment, zoning ordinance amendment, and zoning permit necessary to facilitate the construction of a 101 unit senior assisted living center (the "Project"). This Agreement and the rights described in this Agreement are contingent upon City approval of all needed approvals and permits. 1.02 Developer Public and Private Improvements. (A) The City requires that the Development connect to the existing municipal sanitary sewer and water service. (B) The City is willing to allow the Developer to construct and install the Developer Public Improvements. A description of the Developer Public Improvements and estimate of costs are attached as Exhibit "B". The plans and specifications for these improvements must be approved by the City's Engineer. (C) The Developer Private Improvements will be designed and constructed in accordance with approved development plans. The Developer Private Improvements are generally described in the attached Exhibit "C". (D) "Construction Plans" means the construction plans and related schedules for the Private Improvements that bear the stamp of approval of the City Building Official. 1.03 Public Improvements. Warranty. The Developer agrees that the Public Improvements will be done in a workmanlike manner; that all materials and labor will be in strict conformity to the specifications and any requirements set forth by the City. All work done pursuant to this contract is subject to the inspection and approval of the City Engineer, who is vested with authority to suspend or stop work on the Project if any condition of this contract is breached or any law or administrative rule is violated. 1 SECTION 2. DEVELOPER'S REPRESENTATIONS. The Developer represents to the City that as of the date of this Agreement, the statements set forth in this section are true. 2.01 No Disabilitv. The Developer is, or will be, the fee owner of the Property and knows of no legal disability that would prevent them from carrying out this Agreement. 2.02 Execution No Violation. The execution, delivery and performance of this Agreement do not and will not result in any breach of, or constitute a default under, any indenture, mortgage, contract, agreement or instrument to which the Developer is a party. 2.03 Liti2ation. There are no pending or, to the knowledge of the Developer, threatened actions or proceedings before any court or administrative agency, except for an action that may be brought to register the title to the Property, which will materially adversely affect the financial condition, business or operation of the Developer or the ability of the Developer to perform its obligations under this Agreement. 2.04 Compliance. The Developer will comply with and promptly perform all of its obligations under this Agreement and all related documents and instruments; comply with all conditions of the Zoning District and any Use Permit; and comply with any applicable requirements of the Brown's Creek Watershed District. SECTION 3. IMPROVEMENT SCHEDULE. The Developer will install the Public and Private Improvements (together, the "Improvements") according to a schedule approved by the City Engineer and the standards set forth in this section. 3.01 Work Schedule. Approval of the Improvement work schedule by the City Engineer will be required before construction begins. In the event that the Developer fails to complete any element of the Improvements according to the completion schedule, the City, at its option, will upon thirty (30) days written notice from the City Engineer within which time the Developer will have the opportunity to cure, will have the right to draw upon any Security provided pursuant to ~Error! Reference source not found. of this Agreement for the costs associated with completion of the work referred in this Section. SECTION 4. COST RECOVERY: DEVELOPER PUBLIC IMPROVEMENTS. 4.01 Developer Public Improvements. Payment of the costs of the Public Improvements must be made by the Developer within ninety (90) days of being invoiced by the Developer's contractor, unless amounts are withheld by the Developer because of a Bona Fide dispute with the contractor and notice of this dispute is provided to the City. In the event that the Developer fails to complete any element of the Improvements according to the completion schedule, the City, at its option, will upon thirty (30) days written notice from the City Engineer within which time the Developer will have the opportunity to cure, will have the right to draw upon any Security provided pursuant to ~Error! 2 Reference source not found. of this Agreement for the costs associated with completion of the work referred in this Section. SECTION 5. SECURITY. 5.01 Consultant Fees and Chan!:es. The Developer will pay to the City, within thirty (30) days of being invoiced, as reimbursement for consultant fees incurred by the City on behalf of or at the request of the Developer, including the costs of engineering, legal and testing services, oversight and inspection of grading, erosion control, dewatering, utility work and any other development related improvement as well as reasonable expenses associated with inspection and supervision of construction and reinspection for one (1) year beyond the acceptance of the completed work. In the event that the Developer fails to make payment, the City, at its option, will upon thirty (30) days written notice from the City Engineer within which time the Developer will have the opportunity to cure, will have the right to draw upon any Security provided pursuant to ~Error! Reference source not found. of this Agreement for the amount of the delinquent payment. 5.02 Payment of Connection. Area and Hook-up Chan!:es. Developer must pay to the City before releasing the final plat for recording the following charges: (A) Lot 1. Block 1: Area Char2;es Unit (Ac.) Rate Total 1) Trunk Sanitary Sewer and Water 5.665 Ac. $10,9711acre $62,150.72 2) Trout Stream Mitigation Charge $ 17,414/acre $98,650.31 3) Transportation Adequacy charge $ 14,820/acrel $83,955.53 Total Area Charges Unit Connection Charges (SAC Units) Rate Total City Sewer Connection City WAC To Be Determined by Met Council Analysis Total Connection Charges Park Dedication Payment in Lieu Unit of Charges (SAC Units) Rate Total To Be Determined by City Council Total Charges I 1 At the request of the Developer, the City will spread the transportation adequacy charge as a special assessment for collection with the real estate taxes over a three year period with interest at the rate of 5 - 1/2% per annum, Further, since the turn lanes required to be constructed at the entrance to the Project are designed to accommodate all development that will eventually use this entrance, the City Engineer will compute the value now being incurred by the Developer that will eventually benefit others in the neighborhood and the Developer will be allowed a credit of that amount against this charge, 3 (B) Lot L Block 2: All area charges, connections charges and park dedication payment in lieu of charges fees for this parcel will be due before a building permit may be issued for development on this parcel. 5.03 Security for Cost of Developer Public Improvements. To ensure compliance with the terms of this Agreement, and construction of all Public Improvements, the payment of all consultant fees and charges the Developer agrees to deliver to the City prior to release of the final plat for recording, a Letter of Credit (the Letter of Credit in the amount of $ .) The Letter of Credit must be in a form acceptable to the City Attorney and must allow the City to draw upon the instrument, in whole or in part, in order to complete construction of the Public Improvements, or to satisfy the claims of contractors and suppliers that have not been satisfied by the Developer, or to pay to the City amounts needed to reimburse the City for consultation fees and charges due the City pursuant to ~Error! Reference source not found.. SECTION 6. CONSTRUCTION OF DEVELOPER PRIVATE IMPROVEMENTS 6.01 Construction of Private Improvements. (A) The Developer agrees that it will construct the Private Improvements on the Property in accordance with the approved Construction Plans and preserve and keep the Private Improvements or cause the Private Improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. (B) Upon the issuance of Certificates of Completion for construction of the Private Improvements, the obligation of maintenance will be assumed by the owners. 6.02 Construction Plans. Chan2es. If the Developer desires to make any material change in the Construction Plans, the Developer must submit the proposed change to the City for its approval. The request must be filed with the Zoning Administrator. Minor modifications and modifications that do not change the exterior or the size of any structureS may be approved by the Zoning Administrator. Other modifications must be approved by the City Council and the committee or authority that granted any permit or approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Agreement, the City must approve the proposed change and notify the Developer in writing of its approval. 6.03 Certificate of Completion. Promptly after completion of the Private Improvements in accordance with the Construction Plans, the City will furnish the Developer with Certificate of Completion in the form attached as Exhibit "D". The certification by the City is a conclusive determination of satisfaction and termination of the agreement with respect to the obligations of the Developer, to construct the Private Improvements or the dates for the beginning and completion thereof. 4 6.04 Indemnitv. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its officers, employees, contractors and agents, in connection with any liens or claims from persons or entities related to the furnishing of labor or materials in connection with construction of the Private Improvements by Developer, its agents or assIgns. SECTION 7. DEVELOPER'S GENERAL PROJECT RESPONSIBILITY. 7.01 Easements. The Developer must convey to the City all necessary permanent easements over property owned or controlled by them as designated in the plans and specifications deemed necessary by the City for the location, construction, installation and operation of the Public Improvements, in form and content satisfactory to the City Attorney. 7.02 Erosion Control Measures Durine: Construction. Developer agrees that they will construct erosion control devices in conformance with the approved Construction Plans for the Developer Improvements. The Developers retain the right and flexibility during construction of the Developer Public and Private Improvements, to modify the erosion control plan and its related devices, if needed to protect the Property from extraordinary rainfall or upstream drainage. 7.03 City Ree:ulations. Developer acknowledges that the Property is regulated by the City and that a default under City ordinances or conditions of approval of any permit is a default as defined in this agreement, including the following conditions: (A) Compliance with the Storm Water Management Plan by the City Engineer. (B) A grading and erosion control plan must be prepared and approved by the City Engineer. (C) If required by law, a National Pollution Discharge Elimination System general storm water permit for construction activity must be obtained from the MPCA before grading begins. (D) Compliance with any applicable mitigation measures required by the Brown's Creek Watershed District. (E) The Developer must comply with all conditions of approval imposed by the City as part of any permit or approval granted by the City during approval of the Project. (F) Compliance with conditions of approval of the Washington County Department of Transportation with regard to access to County Road 12. (G) Payment of any fees or charges normally due at the time of issuance of any building permits. 7.04 Gradine: Plan. Prior to the commencement of construction of any Improvements, the Developer at its expense must complete the grading of the entire Project area including 5 the building sites, storm water holding ponds, surface drainage ways, private driveways, private streets, and other areas that will be disturbed as part of the construction of any improvements. This grading must be done in accordance with an approved grading plan either prepared by or approved by the City Engineer with a maximum of two (2) foot contours, building pad elevations, drainage provisions, erosion control provisions, and cross sections. No site grading is permitted unless security is provided to the City for this work in the form of a deposit letter or other surety of credit as described in sError! Reference source not found.. 7.05 Damal!e to City. County or State Facilities. The Developer will be responsible for any damage caused to any City, County or State facilities or improvements including roads, storm water systems, sewer and water facilities whether done by the Developer, its contractors, agents or employees and for any repair or clean up costs or expenses incurred by the City or County in taking remedial action. 7.06 Landscapinl!. The Developer agrees to install street landscaping on the right-of-way and landscaping within the Project, according to the plans. All landscaping must be hardy, non-invasive species appropriate for Minnesota. All landscaping materials must be maintained and replaced if they die within the standard warranty period. SECTION 8. INSURANCE. 8.01 Insurance. Developer and its contractors will provide and maintain or cause to be maintained at all times during the process of constructing the Public Improvements and, from time to time at the request of the City, furnish the City with proof of payment of premIUms on: (A) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's policy with limits against bodily injury and property damage of not less than $1,000,000 for each occurrence (to accomplish the above-required limits, an umbrella excess liability policy may be used), and shall be endorsed to show the City as an additional insured to the extent of its interest. (B) Comprehensive general public liability insurance, including personal injury liability for injuries to persons and/or property, including any injuries resulting from the operation of automobiles or other motorized vehicles involved in work on the Public Improvements, in the minimum amount for each occurrence of $1,000,000, and shall be endorsed to show the City as an additional insured to the extent of its interest. (C) Workers' Compensation insurance covering all employees in amounts not less than the minimum required by statute. 6 SECTION 9. INDEMNIFICATION. 9.01 Indemnification. Developer agrees to defend and hold the City, and its officials, employees and agents, harmless against any and all claims, demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable attorney's fees, arising out of actions or omissions by Developer, its employees and agents, in connection with the Public Improvements. 9.02 Enforcement bv City: Dama2es. The Developer acknowledges the right of the City to enforce the terms of this Agreement against the Developer, by action for specific performance or damages, or both, or by any other legally authorized means. The Developer also acknowledges that its failure to perform any or all of its obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developer, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that the expenses may include, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. SECTION 10. EVENTS OF DEFAULT. 10.01 Events of Default Defined. The following will be "Events of Default" under this Agreement and the term "Event of Default" will means, whenever it is used in this Agreement, anyone or more of the following events: (A) Failure by Developer to commence and complete construction of the Developer Improvements pursuant to the terms, conditions and limitations of this Agreement. (B) Failure by Developer to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. (C) In each event, Developer will be afforded thirty (30) days after receipt of written notice to cure the violation and avoid a default. 10.02 Remedies on Default. Whenever any Event of Default occurs, following any applicable cure periods, the City may take anyone or more of the following actions: (A) Suspend work on the Project and building permits or certificates of occupancy on private development until it receives evidence, deemed adequate by the City, that the Developer has cured a default. (B) Take action, including legal or administrative action, as is necessary for the City to secure performance of any provision of this Agreement or recover any amounts due under this Agreement from Developer or under the Security described in sError! Reference source not found.. (C) Undertake to complete the Developer Improvements itself, through its agents or through independent contractors and before the undertaking, draw upon the 7 Security described in ~Error! Reference source not found. for the full amount of the estimated work. SECTION 11. ADMINISTRATIVE PROVISIONS. 11.01 Notices. All Notices, certificates or other communications required to be given to the City and the Developer must be sufficiently given and will be deemed given when delivered, or when deposited in the United States mail in registered form with postage fully prepaid and addressed, as follows: If to the City: Larry D. Hansen, City Administrator City of Stillwater 216 North 4th Street Stillwater, MN 55082 If to Developer: Stillwater Select Properties, LLC Stillwater, MN 55082 The City and the Developer, by notice given to the other, may designate different addresses to which subsequent notices, certificates or other communications will be sent. SECTION 12. ADDITIONAL PROVISIONS. 12.01 Titles of Sections. Any titles of the several parts of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 12.02 Counterparts. This Agreement is executed in any number of counterparts, each of which will constitute one and the same instrument. 12.03 Modification. If Developer is requested by the Holder of a Mortgage or by a prospective Holder of a prospective Mortgage to amend or supplement this Agreement in any manner whatsoever, the City will, in good faith, consider the request, provided that the request is consistent with the terms and conditions of this Agreement. 12.04 Law Governin2:. This Agreement shall be governed by and construed in accordance with the laws ofthe State of Minnesota. 12.05 Severability. In the event any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, holding will not invalidate or render unenforceable any other provisions. SECTION 13. TERMINATION OF AGREEMENT. 13.01 Termination. This Agreement will terminate at the time all of the Developer's obligations have been fulfilled and when the cost of the Public Improvements have been 8 paid in full and any default of the Developer has been cured, or one (1) year after acceptance of the Public Improvements by the City, whichever occurs later, IN WITNESS WHEREOF, the City has caused this Agreement to be executed in its corporate name by its duly authorized officers and sealed with its corporate seal; and the Developer has executed this Agreement at Stillwater, Minnesota, the day and year first above written. CITY: CITY OF STILLWATER Ken Harycki, Its Mayor ATTEST: Diane F. Ward, Its City Clerk DEVELOPER: STILLWATER SELECT PROPERTIES, LLC, a Minnesota limited liability company By: Its: 9 STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this _ day of ,2008, before me, a Notary Public within and for said County, appeared Ken Harycki and Diane F. Ward, to me personally known, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the CITY OF STILLWATER, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this _ day of , 2008, before me, a Notary Public within and for said County, appeared , to me personally known, who, being duly sworn, was the duly authorized agent for STILLWATER SELECT PROPERTIES, LLC, a Minnesota limited liability company, the Developer named in the foregoing instrument and that this instrument was signed as the free act and deed of the Developer. Notary Public 10 LEGAL DESCRIPTION OF PROPERTY Lot 1, Block 1, and Lot 1, Block 2, Select Senior Living of Stillwater, according to the plat thereof on recorder with the County Recorder, Washington County, Minnesota. EXHIBIT A PUBLIC IMPROVEMENTS The Developer must create a four-legged intersection with County Road 12 and Minar A venue. It will provide access for the church, the senior living building, the underdeveloped property to the south, and a temporary turnaround at the terminus of Minar Avenue. The Developer must construct the two turn lanes for the entrance to the site as required by Washington County. The turn lanes must be constructed according to a design approved by the Washington County Highway Department. The Developer must construct a pedestrian and bike trail as shown on the plans, and convey an easement to he City over and across the trail once constructed. The Washington County Highway Department requires that the final plat include a notation that access other than at Minar A venue will be restricted along the County Road. Municipal water must be extended from County Road 12 past the new building to the terminus of Minar Avenue. Sewer must be extended from the manhole in a neighboring lot in Liberty on the Lake through the elementary school property to the new building. An easement from District 834 must be secured by the Developer for this sewer main. Sewer must be extended to service the new parsonage location. The portion of this extension that has a diameter of 8" will require an easement from the Church to the City and construction of sufficient stormwater ponding capacity to manage surface water from the senior care property and a portion of the residential property to the south. A storm sewer pipe must be stubbed to the property line by the Developer. All electrical and communication utility lines must be buried. EXHIBIT B PRIVATE IMPROVEMENTS The proposed building is a three story, 35 foot tall structure, with 19 memory care units, and 47 planned assisted living unit. The facility will have 65 parking spaces. 22 spaces will be in a surface parking lot and 46 spaces will be underground. EXHIBIT C , CERTIFICATE OF COMPLETION WHEREAS, the CITY OF STILL WATER, Minnesota, a municipal corporation (the "City"), entered into a certain Development Agreement ("Agreement") with STILLWATER SELECT PROPERTIES, LLC, a Minnesota limited liability company (the "Developer"), dated as of ,2008, (the "Agreement") and recorded in the Office of the County Recorder in and for the County of Washington and State of Minnesota, as Document Number , which provided for the Development of the following land described in Exhibit A in the County of Washington and the State of Minnesota, (the "Property"), NOW THEREFORE, this is to certify that all building construction and other physical improvements specified to be done and made by the Developer has been completed in accordance with the Agreement, all lawful Codes, Laws, Rules and Ordinances now in effect. Dated this _ day of ,2008. CITY OF STILLWATER Ken Harycki, Its Mayor ATTEST: Diane F. Ward, Its City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this _ day of , 2008, before me, a Notary Public within and for said County, appeared Ken Harycki and Diane F. Ward, to me personally known, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the CITY OF STILLWATER, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public EXHIBIT D December 5,2008 Mayor Harycki and Stillwater City Council, At its November 1ih Board Meeting the Stillwater and Oak Park Heights Convention and Visitors Bureau voted to support the proposed Stillwater Marathon scheduled for Memorial Day Weekend 2009. The CVB voted to support this event because it meets the mission of the organization~ to put more heads in beds. The extra bonus is that it does so at no cost to the CVB. Also, the money raised by the lodging tax on the extra visitors to our area (coming either to run or to support a runner), this event will help our entire business community. All money raised by the lodging tax is used to promote the Greater Stillwater area as a business and leisure travel destination. So even if a business cannot see how the race will affect their business, the Marathon will help the greater community by its ability to provide money for us to promote the entire community to future guests. Information has also been provided to us with regards to economic impact of the event, comparing the new Stillwater Marathon to the Whistle Stop Marathon in Ashland, WI. Whistle Stop Marathon - Ashland, WI 2400 Participants 440 Rooms 2.8 Pa rty Size 2 night average stay $212 spent per person U sing this information the first tier of spending would bring in about $1.5 million to our community if the Stillwater Marathon has the same number of participants. It is also our understanding that money circulates around the community 7 times, this make the Marathon a $10,5 million economic boom for our community. Sincerely, ~?c,l\ Steve Roll President Stillwater and Oak Park Heights CVB cc: Greater Stillwater Chamber of Commerce City of Oak Park Heights City of Bayport i f MARATHON AGREEMENT THIS AGREEMENT is made this _ day of December, 2008 between the CITY OF STILLWATER, Washington County, Minnesota ("City"), and the ST. CROIX EVENTS, INC., a Minnesota corporation ("St. Croix"). RECITALS 1. Marathon. The City hereby authorizes St. Croix to organize and conduct a marathon race to be known as the "Stillwater Marathon" (and/or the "Race") in order to foster and promote tourism within the City of Stillwater and the St. Croix Valley and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City. The Marathon will be set up on May 23,2009 and the Race run on May 24,2009. 2. The Race. The Stillwater Marathon will include a full marathon race of 26.2 miles; a 20 mile race course; a half marathon race course; and a 12 kilometer race course. 3. Marathon Route. (a) Full Marathon Course. The race will start on Minnesota State Highway 95 (Main Street) with start lines between the Andiamo Main Office and the Oasis Cafe and continue south on Highway 95 through Bayport to 22nd Street. 22nd Street West to Stagecoach. Stagecoach North to 23 (Beach Road). Beach Road to 4th Avenue. North on 4th Avenue to Burlington. West on Burlington to 6th Avenue. North on 6th Avenue to Churchill. West on Churchill to Greeley. North on Greeley to Myrtle. East on Myrtle to Minor. North on Minor to Boutwell. East on Boutwell to Neal. North on Neal to McKusick Road. East on McKusick (using the trail) to Amundson. North on Amundson to Sycamore. Sycamore to Stonebridge Trail. North on Stonebridge Trail to Highway 95. South on Highway 95 to Mulberry Street. East on Mulberry Street to finish line in Lowell Park. , ~ (b) 20 Mile Course. Follows the Marathon Course to 5th Street in Bayport. West on 5th Street to Stagecoach. Back on to the Marathon Course to finish. (c) Half Marathon Course. Follows the Marathon Course to Myrtle and Owens. North on Owens to Laurel. East on Laurel to finish line in Pioneer Park. (d) 12K Course, Follows the Marathon Course to 5th Street in Bayport. West on 5th Street to Stagecoach. Back on to Marathon Course to Myrtle and Owens. North on Owens to Laurel. East on Laurel to finish in Pioneer Park. 4. Starting and Finish Line. The Marathon starting line will be on Highway 95 (Main Street), just south of Downtown. Pioneer Park will be the finish line for l2K and Half Marathon. Lowell Park will be the finish line for the 20 Mile and the full Marathon. 5. Limitations. St. Croix agrees that the number of Race participants for all races will be limited to a total of 5,750 participants. 6. Fees. St. Croix will pay to the Greater Stillwater Chamber of Commerce (Chamber), for retention in a fund held for beautification of Downtown Stillwater, an impact fee of $1.00 per participant. This impact fee will not be itemized as a separate charge on registration forms or other race related documents. This amount will be remitted to the Chamber by July 1, 2009. 7. Parking Control. The purpose of the Parking conditions is to ensure that Downtown businesses retain parking availability for their customers during the Marathon. To further this purpose, (a) The City will: 1. Close all City parking lots south of Myrtle Street pursuant to a schedule established by the Stillwater Downtown Parking Commission in consultation with St. Croix and the Chamber. 2 (b) St Croix will: 1. Promote remote parking by Race participants by including a parking map and information, along with confirmation cards sent to all Race participants, and on other pre-Race promotional literature. 11. St. Croix will submit a Remote Shuttle Plan for the review and comment of the Chamber by April 1, 2009. Race participants will not be allowed to park in parking lots in the Stillwater Central Business District. Shuttle service will end no earlier than 7:00 p.m. on Race Day. 111. Arrange for large parking lots, such as the Andersen Corporate lot or the Washington County Government Center, for the parking of Race participants and connect the remote lots to the Race starting and finish points by remote shuttle. At a minimum, St. Croix will reserve at least 3,500 remote parking spots for use of Race participants. IV. The parties agree to develop a parking disbursal plan for the finish of the Race that addresses and mitigates parking congestion in the Downtown, in order that normal businesses housed in the Downtown are not damaged by Race congestion. The plan must be developed by St. Croix in consultation with the Stillwater Parking Commission, Stillwater Police Chief and the Chamber and the Plan must be completed by April 1, 2009. 8. Traffic Control Points. The intersections of all streets and roads on the Race Course (Course) will be controlled by Police or event staff. Traffic will be allowed to cross the course at every intersection, runner traffic permitting. In addition, Race staff will assist residents with homes on the course in getting out of their driveways and escorting them to the nearest cross street, runner traffic permitting. Residences with homes on the course will receive a direct mailing from St. Croix informing them of specific Race timelines and will be given a direct "hot line" number to reach on Race day. Further, on the night before the Race, St. Croix will attempt to make personal contact with owners of vehicles that appear to be parked on the Race course. This will be done in conjunction 3 '- with the Stillwater Police Department. Every effort will be made to minimize or even eliminate the involuntary towing of vehicles because of the Race. By April 1, 2009, a Road Closure Plan must be agreed upon by St. Croix and the Stillwater Police Chief. 9. Garbage and Rubbish Removal. All garbage and refuse generated by the Marathon, including that left by spectators, will be removed properly and disposed of by sundown on the day of the Race. 10. Portable Toilets. St. Croix will provide approximately 250 portable toilets that will be placed near the starting line, near the finish line, and spotted throughout the course in keeping with Standard Race Requirements. All portable toilets will be removed by the close of business on Monday May 25th. 11. Water Stops and First Aid Stations. Water and first aid stations will be established at the start, finishes, and throughout the race course in keeping with National Race Standards for marathons. 12. Emergency Plan. The Race emergency plan will be designed by St. Croix with the assistance of National Marathon experts, Police and Fire Departments for the communities through which the Race will pass, and Lakeview Hospital Emergency Services. Further, St. Croix will retain a qualified medical doctor (MD) with expertise regarding marathons to review and approve the life safety aspects of the Emergency Plan. The City reserves the right to review and approve the MD so selected, and St. Croix must provide proof to the City that the MD so selected has been retained for this purpose. St. Croix agrees to authorize the MD to cancel the Race as required to protect the health and safety of the Race participants. 4 13. Food, Liquor and Vending. St. Croix will not provide commercial food, liquor or vending, nor will they license others to provide these services to race participants in City parks. This provision will not prevent St. Croix from reaching agreement with the Chamber to develop a food or beverage vending plan for the event for the parks, nor does this provision prevent St. Croix from providing food and nonalcoholic beverages to Race participants. 14. Closing of the Course. All barricades and cones will be removed and the Race courses closed by 1 :00 p.m. on Race day. 15. Insurance, Hold Harmless, and Indemnitv. St. Croix agrees to indemnify and hold harmless the City with regard to any claims, causes of action or demands that might be brought against the City arising out of the events authorized by this Agreement; and further, St. Croix agrees to provide to the City evidence of insurance coverage of at least $1,000,000 of combined single limits covering claims that might be brought against them that arise out of the events authorized by this Agreement and to name the City as an additional insured on their policy "as their interest may appear." 16. Public Information. St. Croix will make every reasonable effort to notify property owners and businesses along the Race courses of any restrictions that might be placed upon their movements during the Race. Leaflets providing this information must be delivered to each such owner by mail one week before the race and delivered to the mailbox of each owner on the Friday before Race day. 17. Promotional Activities. St. Croix will work with the local Chamber to develop a Race packet that includes information to promote local business and restaurants. 5 ... St. Croix will also display the City of Stillwater Lumberjack Logo on all promotional advertising, whether in print or web based. 18. Economic Impact Survey. An Economic Impact Survey (the "Survey") must be completed by a third party experienced in the conducting of such surveys, that will study the economic impact of the Marathon on the economic health of the Stillwater area. The cost of such a Survey, if the proposal is approved in advance, will be paid in equal shares by the City, and St. Croix. The design and development of the Survey and the choice of the third party to conduct the Survey will require the approval of the City, the Chamber, St. Croix and the Stillwater and Oak Park Heights Convention and Visitor's Bureau ("CVB"). The results of the Survey will be made available to all parties. 19. Hospitality Bag. The Chamber will be developing a hospitality handout that will include local marketing information and items intended to promote local business. This bag will be distributed to Race participants by St. Croix during the registration process. This cooperation by St. Croix will be done without charge to the Chamber. The bag will be used to distribute St. Croix's Race information as well as the Chamber's materials. 20. Community Participation. The City will work with St. Croix and the Chamber to encourage community participation in Race preparation and Race conduct. This effort will include press releases, mail and media announcements that will describe opportunities for the involvement of local citizens in this Marathon Event. 21. Runner Tracking. St. Croix will equip each runner with a computerized chip and provide a link for the public to access that information by remote computer. Any 6 kiosk or computer that is established for the viewing of the Race at remote locations will be given access to the website. 22. Police Power. The City reserves the right to shut down the Race in the event the Chief of Police determines that the public safety is threatened, or the health or safety of Race participants is threatened because of weather, temperatures, or any unforeseen cause that threatens the public health or safety or if closure is directed by the Medical Doctor designated by the Race in the Emergency Plan. 23. Use of Lowell Park and Pioneer Park. St. Croix is entitled to the use of both Pioneer Park and Lowell Parks during set up, execution of the Race, and tear down. St. Croix agrees to allow continued casual public use of the Parks during this period. 24. City Costs. St. Croix must reimburse the City for the costs of the City Police Department, Public Works Department, and Fire Department needed to safely conduct and maintain the Marathon and supporting events. A deposit must be made with the City by St. Croix no later than one week before the Race in the estimated amount of City costs, as determined by the City Administrator after consultation with St. Croix. 25. Naming Rights. Rights to the name "Stillwater Marathon" and any logo or brand developed for the Race will remain the property of St. Croix. Registration of the name or logo as a trade name or trade mark is reserved in St. Croix. In the event that the event is abandoned by St. Croix, St. Croix will convey all rights to the name and logo to the City for nominal consideration. 26. Term. The term of this Agreement will be one year unless terminated earlier by the City on public safety grounds. In the period immediately following the Race, the City agrees to meet and confer with St. Croix, the Chamber, and the CVB in order to 7 evaluate the impact of the Race on the community. If the evaluation reveals a positive impact on the community, the City agrees to consider a longer term contract. The evaluation process must be completed by September 30, 2009. IN WITNESS WHEREOF, the parties have set their hands effective the day and year first written above. ST. CROIX EVENTS, INC. By David Eckberg Its President STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _ day of December, 2008, by David Eckberg, the President, the duly authorized agent for ST. CROIX EVENTS, INC., a Minnesota corporation. Notary Public CITY OF STILLWATER Ken Harycki, Its Mayor ATTEST: Diane F . Ward, Its City Clerk 8 STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _ day of December, 2008, by Ken Harycki, Mayor, and Diane F. Ward, Clerk, for the City of Stillwater. Notary Public 9 or ; ORDINANCE 1002 AN ORDINANCE AMENDING CHAPTER 31, ENTITLED ZONING ORDINANCE BY CHANGING REGULATIONS RELATED TO SIGNAGE IN THE BP-BUSINESS PARK ZONING DISTRICT. THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amendin2. S31-509 Subd. 8 through Subd. 11 related signage in the BP- Business Park zoning district is stricken and replaced as follows: Subd 8. Permitted signs by a sign permit in BP-business park districts. All commercial, office and industrial signs in all BP districts are subject to the following conditions: (a) Number of signs. A property may have one freestanding sign, one wall sign per building face, and as many, awning, canopy, marquee, or multi tenant master signs as permitted in this Subdivision 8. (b) Wall signs. Wall signs in the BP district shall meet the following requirements: (1) Area. The gross surface area of a wall sign may not exceed one square foot for each foot of building, parallel or substantially parallel to the front lot line. (2) Location. A wall sign must be located on the outermost wall of any principal building but may not project more than 16 inches from the wall to which the sign is affixed. The location and arrangement of all wall signs is subject to the review and approval of the community development director. (3) Height. A wall sign may not project higher than the parapet line of the wall to which the sign is affixed or 20 feet as measured from the base of the building wall to which the sign is affixed, whichever is lower. (4) Special conditions. Where a principal building is devoted to two or more uses, the operator of each use may install a wall sign upon each share of the building. A sign plan must be submitted for the entire building that shows the location, sizes, types and elevations of all signs. Upon submittal of a sign permit request for an operator within a multiple-use or multiple-tenant building, proof must also be provided by the applicant that a sign plan has been approved for the entire building. If no such sign plan has been approved by the Heritage Preservation Commission, then a sign plan shall be submitted and approved by the Heritage Preservation before a sign permit may be approved for the single operation or use in question. The signs are subject to the following restrictions: i. All signs must be visually consistent in location, design and scale. 11. The total gross signage for the entire building shall not exceed one square foot for each foot of building face parallel, or substantially parallel, to a street lot line or a minimum of 25 square feet per business, whichever is more. (5) Number. There may be one wall sign per building face. "'" ~ ( c) Freestanding signs. Freestanding signs in the BP district shall meet the following requirements: (1) Area. The gross surface area of a freestanding sign may not exceed 100 square feet for each exposed face nor exceed an aggregate gross surface area of 200 square feet. (2) Location. A freestanding sign must be set back 15 feet from the front or side property line. (3) Height. Along State Highway 36 freestanding signs may not project higher than 25 feet. Along County Road Five from Highway 36 to Croixwood Boulevard and South Greeley from Orleans to Highway 36 freestanding sings may not project higher than 20 feet. In all other location, a freestanding sign may not project higher than 6 feet. Signs shall be measured from base of sign or grade of the nearest adjacent roadway, whichever is lower. (4) Number. There may be one freestanding sign per development site. ( d) Awning, canopy or marquee signs. Awning, canopy or marquee signs in the BP district shall meet the following requirements: (1) Area. The gross surface area of an awning, canopy or marquee sign may not exceed 50 percent of the gross surface area of the awning, canopy or marquee to which the sign is affixed. (2) Location, A sign may be affixed to or located upon any awning, canopy or marquee. (3) Height. An awning, canopy or marquee sign may not project higher than the top of the awning, canopy or marquee to which the sign is affixed. (e) Multitenant master sign. Each multitenant or multi-use building is permitted one building master identification sign according to the following requirements: (1) Building master identification signs may not contain the names of any tenants or occupants of the center. (2) If the multitenant commercial building has a floor area of 40,000 square feet or less, the building may have a freestanding sign with a maximum of one square foot of sign for each five feet of building frontage or 40 square feet maximum with a maximum height of eight feet. (3) If the multitenant commercial building has a floor area greater than 40,000 square feet, but less than the 100,000 square feet, the entry may have a master identification sign with a maximum of75 square feet on each side and with a maximum height of 20 feet. (4) If the multitenant commercial building has a floor area of greater than 100,000 square feet, the center may have a master identification sign with a maximum area of 120 square feet on each side and a maximum height of 25 feet. (f) Total Allowable Sign Area. The total aggregate sign area allowed on a property for all signs permitted in subparts (a) through (e) above shall be as follows: a minimum of 100 square feet; and at a rate of 15% of the building wall area facing a public street, up to a maximum of 300 square feet. When a building faces two or more public streets, the building wall area shall be determined by adding the wall area of each building wall that faces a public street and dividing by the number of public streets the building faces. Subd 9. Directory signs. Directory signs are used to guide pedestrians to individual businesses within a multitenant commercial area and are permitted in BP business park districts, subject to design review. The sign area used in a directory signs shall not be calculated against the Total Allowable Sign Area in Subdivision 8. (a) Placement. Directory signs must be placed on the site ofthe development and may be erected only in internal pedestrian access areas and not in vehicle access areas. (b) Area. A directory sign may have maximum area on one square foot for each business listed on the sign and four square feet for the name of the building or complex. (c) Size. Directory signs may be freestanding but may not exceed 6 1/2 feet in height. (d) Use. A directory sign may only be used for directions and identification. Subd 10. Reserved Subd 11. Reserved 2. SavinI!:. In all other ways, the City Code will remain in full force and effect. 3. Effective Date. This Ordinance will be in effect from and after its passage and publication according to law. Adopted by the City Council ofthe City of Stillwater this 16th day of December, 2008. Ken Harycki, Mayor ATTEST: Diane F . Ward, City Clerk '" r' ..... B'RiHPLACr: Ui M N~~ () I. ') City Council DATE: December 10/ 2008 CASE NO.: 08-48 APPLICANT: Ray Loida Jr. REQUEST: Resubdivison LOCATION: 915 Abbott St W COMPREHENSIVE PLAN: SFSL, Single Family Small Lot CITY COUNCIL DATE: December 16/ 2008 ZONING: RB, Two Family Residential REVIEWERS: Community Development Director, Public Works Director PREPARED BY: Michel Pogge, City Planner~ BACKGROUND Mr. Ray Loida Jr, owns the property at 915 Abbott St W, The current parcel of land contains both Lots 3 and 4/ Block 5 of Holcome' s Addition to Stillwater, The property contains 16/500 square feet with a single-family home constructed on Lot 4, Mr, Loida is proposing to divide the property back into the original two lots, Lot 3 is 7/500 and Lot 4 is 9/000 square feet in size, The home on Lot 4 would remain, All of the subject property is zoned RB, Two Family Residential. The lots meet all of the requirements for a lot in the RB district, SPECIFIC REQUEST Mr. Loida has made application for approval of a resubdivsion recreating two lots where one parcel now exists, ACTION BY THE PLANNING COMMISSION The Planning Commission reviewed the request at their December 8/ 2008 meeting, The Commission voted 8-0 to recommend that the City Council approve the Resubdivision with the conditions listed below, I" ,.. Loida Resubdivision December 10, 2008 Page 2 EVALUATION OF REQUEST RESUBDIVISION City Code Section 32-1, Subd, 4(2) refers to a process whereby a new lot is being created from already platted lots as a "resubdivision", Any time two parcels are created out of one parcel of land, the request is required to be reviewed by the Planning Commission with final approval by the City Council. The required and proposed minimum dimensional standards for the resubdivided properties are summarized below, Lot3 Lot4 Lot size proposed 7,500 9,000 Lot size required 7,500 7,500 Lot width proposed 50 60 Lot width required 50 50 The proposed lots satisfy all dimensional requirements, The Public Works Director has noted that there are required utility hook-up fees to be paid on this property at the time a building permit is issued, Prior to the issuance of a building permit these fees must be submitted to the City.' Additionally, the new lot will need to pay cash-in-lieu of parkland dedication in the amount of $2,000 and make a $500 payment in lieu of constructing trails, Prior to issuance of a letter by the City approving the resubdivision and prior to filing the resolution of approval with Washington County, these fees must be submitted to the City, Washington Square Park Encroachment As part of the renovation of Washington Square, a survey was preformed to locate the boundaries of the Park with certainty. This park survey showed that Mr, Loida's garage encroached into the park by approximately 10.5 feet. This encroachment is shown on the aerial photo included in the packet. To address this issue the City Council elected to grant a "license" to allow the encroachment to remain and be maintained, In the future if the building were destroyed by fire or calamity, or to deteriorate to the point where it would need to rebuild, the structure would then be required to be located on the owner's property and any remnant removed from City land, The license was approved by the City Council on November 18, 2008, ..... Loida Resubdivision December 10, 2008 Page 3 ALTERNATIVES The City Council has several alternatives, A Approval. If the proposed lot resubdivision is found to be acceptable, the City Council should approve the resubdivision, subject to the following conditions: 1, The resubdivision shall be to divide the existing parcel back into its original lots (Lot 3 and Lot 4 of Block 5 of Holcome's Addition to Stillwater), 2, The Public Works Director has noted that there are utility hook-up fees to be paid for one of the new parcels of property, Prior to the issuance of a building permit these fees must be submitted to the City, 3, That cash-in-lieu of parkland dedication in the amount of $2,000 and payment in lieu of constructing trails in the amount of $500 be paid for the new parcel. Prior to issuance of a letter by the City approving the resubdivision and prior to filing the resolution of approval with Washington County, these fees must be submitted to the City, .J 4, Any new home on Lot 3 is subject to design review by the HPC for consistency with the Neighborhood Conservation Design standards, B. Denial If the City Council finds that the resubdivision is not advisable, it should deny the resubdivision, With a denial, the basis of the action should be given, STAFF RECOMMENDATION Staff finds the requested resubdivision meets the requirements of the zoning code and therefore recommends approval with the conditions identified in Alternative A above, cc: Ray Loida Jr, attachments: Resubdivision Site Plan .. " CITY OF STILL WATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING A RESUBDIVISION OF PROPERTY LOCATED AT 915 ABBOTT ST W CASE NO. 08-48 -WHEREAS, Mr. Ray Loida has made application for approval of a resubdivision of one parcel of land into two parcels being located at 915 Abbott St Wand which is legally described as follows: Lots 3 and 4, Block 5 ofHolcome's Addition to Stillwater \VHEREAS, the legal descriptions of the two resulting parcels are: Parcel A: Lot 3, Block 5 of Holcome's Addition to Stillwater Parcel B: Lot 4, Block 5 ofHolcome's Addition to Stillwater WHEREAS, on December 8, 2008 the Planning Commission held a public hearing on the resubdivision and recommended that the City Council approved the requested resubdivision; and WHEREAS, the resubdivision is consistent with the City's Comprehensive Plan, Zoning Ordinances and Subdivision Ordinance. , ,",' ~ f Page 2 of2 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the requested resubdivision of property with the following conditions: 1, The resubdivision shall be to divide the existing parcel back into its original lots (Lot 3 and Lot 4 of Block 5 ofHolcome's Addition to Stillwater). 2, The Public Works Director has noted that there are utility hook-up fees to be paid for one of the new parcels of property, Prior to the issuance of a building permit these fees must be submitted to the City, 3, That cash-in-lieu of parkland dedication in the amount of$2,000 and payment in lieu of constmcting trails in the amount of $500 be paid for the new parcel. Prior to issuance of a letter by the City approving the resubdivision and prior to filing the resolution of approval with Washington County, these fees must be submitted to the City, 4, Any new home on Lot 3 is subject to design review by the HPC for consistency with the Neighborhood Conservation Design standards, Enacted by the City Council of the City of Stillwater, Minnesota this 16th day of December, 2008, CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F, Ward, City Clerk CF.a . O8 48 15 Abbott St W Ray Loida Feet 0 12.5 25 50 75 100 1 inch = 50 feet City of Stillwater, MN Community Development Department 216 North Fourth Street Stillwater, MN 55082 651-430-8820 — 651-430-8810 fax ." MEMORANDUM To: Mayor and Council Rose Holman, MIS Specialist ~ From: Date: December 11,2008 Subject: Rollover of Unexpended 2008 Capital Outlay Funds This memo is to request Council approval to rollover unexpended 2008 Capital Outlay funds, I am requesting rollover for the 5310 account (computer equipment) for several departments, 100 - 4020 MIS $ 27,500.00 Network infrastructure/upgrades, antivirus software, Arc View Licenses 100 - 4040 Administration $ 5,700,00 Website upgrades, computers 100 - 4080 Inspections $ 22,500.00 Ruggedized laptops, mobile computing hardware/software 100 - 4100 Streets $ 2,800,00 Switch 202 - 4202 Recreation Center $ 5,600,00 Rack, Monitors 240 - 4240 Parks $ 1,300,00 Software Modifications 100 - 4060 Police $ 37,565.00 800 Mhz radios, MDC's, Squad Video 100 - 4070 Fire $ 25,400,00 Software, ruggedized laptops 700 - 4700 Sewer $ 1,200.00 Computer If the request for a digital recorder for the City Clerk, software licensing for the City's filtering software or the phone system for the Recreation Center is not approved these numbers will need to be modified, STAFF REQUEST ITEM I Department: Fire I Date: December 12,2008 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request Council approval to carry over unexpended 2008 Capital Outlay funds and place the remaining funds into the 2008 Fire Department Capital Outlay budget. 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) Carry over requested as of December 12, 2008: 2008 Capital Outlay Machinery & Equipment (800 Mhz Radio Install & Turnout Gear Replacement) $ 34,752,00 2008 Capital Outlay Improvements (Station Improvements, Replace Carpet, Apparatus Floor Maintenance, Station Furniture) $ 40,200,00 2008 Capital Outlay Automotive Equipment (Apparatus Replacement Allocation - Anticipated Purchase in 2010) $ 100,000,00 Total: $174,952,00 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. Submitted by: Stuart W. Glaser Date: December 12, 2008 MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders} ~ctor of Public Works DATE: December ll} 2008 SUBJECT: 2008 Capital Outlay Carryover DISCUSSION: The Public Works Department is requesting monies from the 2008 Capital Outlay be carried over into 2009, The request includes: SANITARY SEWER Staff is requesting a carryover amount of $585,934,13 for the following items: Sewer Improvements (700-4700-5200) $400,000 for Downtown Sewer lining - This project would reline the sanitary sewer main from Nelson Street to Laurel Street and would eliminate inflow/infiltration coming into the sewer during high river levels in the spring, Estimated cost of the project is $550,000, Funds have been carried over the last two years for a Downtown sewer lining project, An additional $200,000 is budgeted for 2009, $123,375.00 for lift Station Improvements - Staff is currently working on upgrading the lift Station at Myrtle Street by installing chopper pumps, By installing these pumps it will reduce the amount of backups overflow problems we have at the lift station, Estimated cost $70,000, We are looking at installing these types of pumps at the Aiple and Nelson Lift stations, The Aiple Lift Station is planned for 2009, Estimated costs for these pumps is $100,000,00, Sewer Automotive Equipment (700-4700-5400) $58,387.00 for sewer van -For 2008, $90,000 was approved for a new sewer van, and televising equipment, $31,613,00 has been paid toward the purchase of the cab and Chassis, We are still waiting on delivery of the televising equipment, Sewer Machinery and Equipment(700-4700-5300) $4,172.13 for Sewer Camera - The sewer camera was approved for purchase at the December 1, 2008 Council meeting, and recently ordered, We are not sure if delivery will take place by the end of 2008. PARKS Staff is requesting a carryover amount of $30,199,14 for the following items: Trail Improvements (240-4240-5200) $18,000 for Trail Improvements -. The Gilbert Court trail was improved this year and the school district shared in that cost, This re past summer staff has come up with list of potential trail improvements with estimated costs include: 1. Completion oftrail around Lake McKusick $51,000 2, Neal Avenue from McKusick Road to Browns Creek Park, $34,000 3. Trail though Meadowlark Park, $25,000 4. Northland Park loop and trail connection. $70,000, This list will be presented to the Park Board to determine their priorities, $25,000 is also budgeted in the Capital Outlay for 2009 Trail Improvements, $12,199.14 Parks Machinery and Equipment (240-4240-5300) $4,866.83- Trash Lids Council approved the purchase of metal trash lids for the downtown areas, which we are waiting for delivery and have not paid, $7332.31- unallotted- staff request this as a carryover, to replace unexpected equipment replacement n such as mowers,. picnic tables, benches, playground equipment etc STREETS Staff is requesting a carryover amount of $65,082,95 for the following items: Street Machine and Equipment (100-4100-5300) $1,600 for Skid Steer Lease-in 2008 we began a lease program where we would get a new Bobcat Skidsteer each year for $1500 plus tax, The lease program include a one year warranty on all parts and service, $46,067 - staff would like to see this carried over to explore either converting the chassis a plow truck to a roll off truck in 2009 or the purchase of a roll off truck in 2010 when the grader is scheduled to be replaced, This type of truck would be just a cab and chassis but would allow for different "attachments" for the chassis, include a asphalt hot box, and a salt and sand dump box, This would be dual purpose vehicle and used throughout the year, If we go this route, the 2009 capital outlay purchase of an asphalt hot box would not be needed, Other attachments in the future could include a boom/bucket truck, water tank, and a flat bed, $17,415.42-unalloted, staff request this as a carryover to cover unexpected replacement of equipment such as a compactor or a roller, Memo DATE: December 11, 2008 TO: Mayor and City Council FROM: Doug Brady DB St Croix Valley Recreation Center RE: 2009 Capital Outlay Rollover Request I am requesting the rollover of the following capital outlay item: Replace Restroom Partitions $10,000 This capital outlay purchase needed to be postponed until the new flooring was put in the restroom. Then, the timing of the installation of the flooring conflicted with our busy season. Hopefully, installation of the flooring will occur in Spring 2009 and then we can install the partitions. Therefore, staff is respectfully submitting its request to rollover these funds to 2009 for installation of the partitions. MEMORANDUM To: Mayor and City Council From: Shawn Sanders, D~~r of Public Works Date: December 9,2008 Subject: Liberty Stop Study DISCUSSION At the October 31, Council meeting, a multi-way stop sign study was presented for four intersections in the Liberty neighborhood to determine if the temporary stop signs installed during construction of the Manning Avenue should be made permanent. These intersections were Tall Pine Trail and Rutherford Road, Settlers Way and Liberty Parkway, Liberty Parkway and Country Road/Pioneer Place, Reunion Road and Newman Trail. At the direction of Council, permanent stop signs were added attwo of the locations, eastbound Tall Pine Trail at Rutherford Road and east and westbound Settlers Way at Liberty Parkway. Staffwas directed to study the two other intersections once Manning Avenue reopened to traffic, Traffic counters were set out at each approach of the two intersections for a 48 hour period. Once completed, approach volumes were computed and the criteria from the Minnesota Manual on Uniform Traffic Control Devices, for multi-way stop was used to determine if the temporary stop signs should be made permanent. Evaluation of the data show that none of the criteria is met for multi-way stops at either of the two intersections. (See attached evaluation sheets). Also shown on these forms are the 8 hour approach traffic volumes from the previous study when Manning Avenue was closed. RECOMMENDATION According to the criteria established by the MNMUTCD, the two intersections studied in the Liberty neighborhood do not meet the criteria for a multi-way stop. It is recommended that all the temporary stop signs at the intersections of Reunion Road and Newman Trail and Liberty Parkway and Country Road/Pioneer Place be removed. ACTION REQUIRED If Council concurs with the recommendation they should pass a motion directing staff to remove the temporary stop sign at the above-mentioned two intersections, or if council does not agree with the recommendations they should consider the locations and direct staffto install permanent stop signs at any, at all or at none of these intersections. City of Stillwater Multi-way Stop Warrant Intersection of Liberty Parkway and Country Road/ Pioneer Road A, INTERIM MEASURE SATISFIED NOT SATISFIED x Where traffic controls signals are justified N/A B. ACCIDENTS SATISFIED A crash problem indicated by 5 or more reported crashes in a 12-month period that are susceptible to correction by a multi-way stop installation. NOT SATISFIED x None C. MINIMUM VOLUMES CRITERIA SATISFIED NOT SATISFIED 1. The vehicular volume entering the intersection from the major street approaches (Total from both approaches) averages at least 300 vehicles per hour for any eight hours of an average During day, and Liberty Parkway 94 < 300 x Post 60<300 2. The combined vehicular, pedestrian and bicycle volume entering the street approaches (total of both approaches) averages at least 200 units per hour for the same 8 hours with an average delay to the minor street vehicular traffic of at least 30 seconds per vehicle during the highest hour Pioneer Place 36< 200 3, If the 85th percentile approach speed of the major-street Traffic exceeds 40 mph, the minimum vehicular volume warrants are 70 percent of the above volumes. 17<300 N/A D. EIGHTY PERCENT CRITERIA SATISISFIED Where no single criteria is satisfied, but where criteria B, C1 and C2 are all satisfied to 80 percent of the minimum values. NOT SATISFIED X NOTE: NUMBERS IN BOLD REPRESENT POST CONSTRUCTION TRAFFIC City of Stillwater Multi-way Stop Warrant Intersection of Newman Trail and Reunion Road A. INTERIM MEASURE SATISFIED NOT SATISFIED x Where traffic controls signals are justified N/A 8, ACCIDENTS SATISFIED A crash problem indicated by 5 or more reported crashes in a 12-month period that are susceptible to correction by a multi-way stop installation, NOT SATISFIED x None C. MINIMUM VOLUMES CRITERIA . SAnSFIED 1. The vehicular volume entering the intersection from the major street approaches (Total from both approaches) averages at least 300 vehicles per'hour for any eight hours of an average day, and Reunion Road NOT SATISFIED X 64 < 300 Newman Trail 28<300 2. The combined vehicular, pedestrian and bicycle volume entering the street approaches (total of both approaches) averages at least 200 units per hour for the same 8 hours with an average delay to the minor street vehicular traffic of at least 30 seconds per vehicle during the highest hour Newman Trail 46< 200 Reunion Road 16<200 3, If the 85th percentile approach speed of the major-street Traffic exceeds 40 mph, the minimum vehicular volume warrants are 70 percent of the above volumes. N/A D. EIGHTY PERCENT CRITERIA SATISISFIED NOT SATISFIED --1 Where no single criteria is satisfied, but where criteria 8, C1 and C2 are all satisfied to 80 percent of the minimum values. NOTE: NUMBERS IN BOLD REPRESENT POST CONSTRUCTION TRAFFIC Eastbound Pioneer Place Westbound Country Road Southbound Liberty Parkway Northbound Liberty Parkway Northbound Reunion Road Eastbound Newman Trail Westbound Newman Trail LIBERTY TRAFFIC STUDY 24 hour Approach Traffic During construction Post construction 151 245 596 616 843 325 244 70 159 351 311 212 104 102 ~ 3 Liberty Parkway & Pioneer Place (Country Road) 4. ~ Newman Trail & Reunion Road Permanent "STOP" T ernporary "STOP" o [ N 50 FeetW~ E IT s f @ Liberty Stop Sign Study Locations 1 (g) usE. \..r\ 0 'x\OO sC C\~ -. -,~ ~" CRT , , i j i II / ~ ( : i I ; ! / \_-' .~...~.-. [ i <:)j>~ /", '---'" \ /// / / / ,- :: / / \ \ I I \ \ I I I ' , /1//\" / , , / / / \, / i / :' /../ ...-~--' i! ( ; -,,/ -' / //-:~,_. j r ,/ 00 om cr ;:0)> -iZ o 0::: o z z <( 2 <.9 0::: ill CO , , \ :. , \ \ '! \ \ \.,\ -I <( o => Oz 13cr ~0 CURVE 62nd ------------- --t-REST Bl VD - _,_ (j) ~~ AVE ~ U 5 < lJO o rI \ .'\ I~ / J ...,..... ..... k~ .''-.... \ /'....._~~~"''-<. ! ( "\ ) \ t,)) o " //' ." . . """ \ / /, j / !: 'J i<s1NNIT$/ lJJ' ! / ;! ~ i I POND( (/\A ' , \,.' i U;~\ ) If} ....../ ("" ,/ ./<;;' "" '\ / ,/ ~ " \;/ ,/ ~ ) if / ..,..:: j j~! ~ / (') j J..::. \ \( ( n- . \j:o~ \ /1 I / 500 I N Feet.+-, 5 <.9 Z l- I <.9 /~:R~:--8j;R~\\ [ipj'\\\ \ RQND '\, \, \ \, \, \\, \\\ \ '\\ \ \. '. ". , . ' "\ \ '. \ \, \ )) \ \ ""'./ , \__..-"'~, \., . " " \. ''-'''--/ // " " '" ~BEREWE Sf' a z I 2: , . o ~ , LONG :K DR - f~,,^ (\'lfi'\V'\~6~ MM,,~t O^ U^.~W\ /rlA,i{.L ~-, f)Nl~ I GUIDANCE: I If stop lines are to be used to supplement a STOP sign, they should be located at the point where the road user should stop (see Section 3B,16), If only one STOP sign is installed on an approach, the STOP sign should not be placed on the far side of the inter- section, Where two roads intersect at an acute angle, the STOP sign should be positioned at an angle or else shielded so that the legend is out of view of traffic to which it does not apply, Where there is a marked crosswalk at the intersection the , STOP sign should be installed approximately 1,3 m (4 ft) in advance of the crosswalk line nearest to the approaching traffic, I OPTION: I At wide-throat intersections or where two or more approach lanes of traffic exist on the signed approach, observance of the stop control may be improved by the installation of an additional STOP sign on the left side of the road and/or the use of a stop line, At channelized intersec- tions, the additional STOP sign may be effectively placed on a channelizing island, I SUPPORT: I Figure 2A-2 shows some typical placements of STOP signs, GB.7 Multiway Stop Applicat~ I SUPPORT: I Multiway stop control can be useful as a safety measure at intersections if certain traffic conditions exist. Safety concerns associated with multi way stops include pedestrians, bicyclists, and all road users expecting other road users to stop, Multiway stop control is used where the volume of traffic on the intersecting roads is approximately equal. The restrictions on the use of STOP signs described in Section 2B.5 also apply to multiway stop applications, I GUIDANCE: I The decision to install multiway stop control should be based on an engineering study, The following criteria should be considered in the engineering study for a multi-way STOP sign installation: A, Where traffic control signals are justified, the multi- way stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for the installation of the traffic control signal. B, A crash problem, as indicated by 5 or more reported crashes in a 12-month period that are susceptible to correction' by a multi-way stop installation. Such crashes include right- and left-turn collisions as well as right-angle collisions, C, Minimum volumes: I, The vehicular volume entering the intersection from the major street approaches (total of both approaches) averages at least 300 vehicles per hour for any 8 hours of an average day, and 2, The combined vehicular, pedestrian, and bicycle volume entering the intersection from the minor street approaches (total of both approaches) averages at least 200 units per hour for the same 8 hours, with an average delay to minor-street vehicular traffic of at least 30 seconds per vehicle during the highest hour, but 3, If the 85th-percentile approach speed of the major- street traffic exceeds 40 mph, the minimum vehicular volume warrants are 70 percent of the above values. D, Where no single criterion is satisfied, but where Criteria B, C.l, and C.2 are all satisfied to 80 percent of the minimum values, Criterion C.3 is excluded from this condition, OPTION: I Other criteria that may be considered in an engineering study include: A, The need to controlleft-tum conflicts; B. The need to control vehicle/pedestrian conflicts near locations that generate high pedestrian volumes; C. Locations where a road user, after stopping, cannot see conflicting traffic and is not able to safely negotiate the intersection unless conflicting cross traffic is also required to stop; and D, An intersection of two residential neighborhood collector (through) streets of similar design and operating characteristics where multiway stop control would improve traffic operational characteristics of the intersection, 2B-3 December, 2001 MEMORANDUM TO: Mayor and City Council FROM: Shawn Sander:?tirector of Public Works DATE: December 11,2008 SUBJECT: Pedestrian Lights at 501 N. Main Street DISCUSSION: The pedestrian lights in front of from 501 N, Main Street have not been out of service for the past six months. Staff had been working with XCEL Energy to repair the lights, but they have stated that these lights were installed without their approval and that they would not be responsible for any repair of these lights. (The lights were installed by the developer of the Lofts Project in 2005-2006 and did so by connecting into existing street lighting system). In the last month, Xcel has reconsidered their earlier statement, and now is willing to repair the lights. Upon inspection of the lights and the electrical system XCEL has determined that the system does not meet their standards and they would perform repairs and take over ownership and maintenance for the next 25 years at a cost of $7 ,000.00.Staff received a quote from another contractor who submitted an estimate of $5400.00, If the City were to do the work, the City" would then assume be responsibility and maintenance for these lights. The next question is who should pay for the lights? Since the developers of Lofts installed the lights, staff felt that the Lofts should be responsible for these repairs. It should be noted that the developer receives a considerable amount TIP money from the City to use for the Lofts Project. Should the developer choose not pay this amount, the City would use administrative money from this TIP account to pay for the repairs. RECOMMENADATION It is recommended that the City approve the repair of the lights by Xcel Energy in the amount of $7000 and pass the bill on to the developers of the Lofts project. If the developer chooses not to pay the bill, administrative money from the TIF district would then be used to pay the bill. ACTION REQUIRED If Council concurs with the recommendation they should pass a motion approving XCEL Energy to do the repairs on the pedestrian lights in front of 501 N. Main Street in the amount of $7000 and pass the bill onto the developer of the Lofts project. " tl Xcel Energy" OUTDOOR LIGHTING 825 Rice Street St. Paul, MN 55117 December 12, 2008 City of Stillwater Attn: Tim Moore 216 N 4th Street Stillwater, MN 55082 Dear Mr. Tim Moore: The City of Stillwater has requested from Xcel Energy Outdoor Lighting a proposal to takeover the street lights (4) located at 501 N Main Street in Stillwater. Xcel Energy is pleased to have an opportunity to submit a proposal. We have completed our bid process and the following items were included in the bidding: . 1500' of Copper Wire . Inspection of current customer owned system . Conduit Repair . Fusing . Termination The cost to takeover the 4 street lights is $7,000.00. The monthly per street light fee for the operations and maintenance of the street lights is $8.09. Included in the monthly street light rate is full maintenance of the street light system. Maintenance of the street light system covers the pole, fixture, conduit and wiring, as well as facilitation of any locating and damage administration. Our goal is to provide you with the necessary information to assist you in your decision making process. We are confident we can provide you with a comprehensive package that will meet all your needs. Xcel Energy Outdoor Lighting is very excited to partner with the City of Stillwater for all your lighting needs. If you have any questions regarding the proposal, please feel free to contact me at office number 651-229-2400 or cell phone number 612-790-3758. Sincerely, Edward Sieging Project Coordinator, Xcel Energy Tim Moore From: Sent: To: Cc: Subject: Sieging Jr, Edward P [edward.p.bieging-jr@xcelenergy.com] Monday, December 01,20084:13 PM Tim Moore Shawn Sanders RE: 2008 Stillwater bid letter for 501 Main Str.doc Hi, Tim! I can understand your view on the cost. As mentioned in our meeting, the $7,000.00 ($1,750.00 per street light) spread out of the life of the system, coupled with Xcel Energy handling all the liability the cost does not seem to be a lot. I did talk to Bob about the price to takeover the street lights (4), he mentioned the price stands as is. Please let me know if you have any further questions. Respectfully, Ed -----Original Message----- From: Tim Moore [mailto:tmoore@ci.stillwater.mn.us]. Sent: Monday, December 01, 2008 3:09 PM To: Bieging Jr, Edward P Subject: RE: 2008 Stillwater bid letter for 501 MainStr.doc Thanks Ed, I'll be in touch. Still would like to see if you could come down on the price though Tim Moore Project Coordinator City of stillwater Phone (651) 430-8834 tmoore~ci.stillwater.mn.us -----Original Message----- From: Bieging Jr, Edward P [mailto:edward.p.bieging-jr@xcelenergy.com] Sent: Monday, December 01, 2008 3:02 PM To: Tim Moore Subject: RE: 2008 Stillwater bid letter for 501 Main Str.doc Hi, Tim! We would maintain the street light for 25 years, and as mentioned maintenance covers ALL aspects of the street light system. Also, we are fine with have half the money to get the system up to speed and the other half in the first quarter of 2009. Respectfully, Ed -----Original Message----- From: Tim Moore [mailto:tmoore@ci.stillwater.mn.us] Sent: Monday, December 01, 2008 2:42 PM To: Bieging Jr, Edward P Subject: RE: 2008 Stillwater bid letter for 501 Main Str.doc 1 ~ I Ed: What would the length of the maintenance period be? 25 years? Tim Moore Project Coordinator City of Stillwater Phone (651) 430-8834 tmoore~ci.stillwater.mn.us -----Original Message----- From: Bieging Jr, Edward P [mailto:edward.p.bieging-jr@xcelenergy.com] Sent: Wednesday, November 19, 2008 1:19 PM To: Tim Moore Subject: 2008 Stillwater bid letter for 501 Main Str.doc Hi, Tim! Attached please find the bid to takeover the four street lights at 501 N Main street. If you have any questions, please let me know. Respectfully, Ed 2 " Stillwater Public Library 224 N. Third St. Stillwater MN 55082 651.275.4338 www.stillwaterlibrary .org 1'1'l uwo To: Mayor and City Council From: Lynne Bertalmio Re: Vacancy on the Library's Board of Trustees December 10, 2008 The library's Board of Trustees appreciates the City Council's willingness to allow the Trustees to make recommendations regarding the filling of vacancies on the Board. Interviews allow the Trustees to gather information about the strengths of the various candidates in relation to the needs of the Board at this point in the life of the organization. The applicants for the seats are: Leslie Lindbergh Jones, John Rheinberger, Kathy Stark, and Paula Williams. The Board appreciates the interest and enthusiasm of all of the candidates, but would recommend Leslie Lindbergh Jones and Kathy Stark for appointment to the two seats that will be vacant on January 1,2009. In addition, the Board recommends that Ann Wolff be reappointed to another term as a Trustee. APPOINTMENT TO LIBRARY BOARD NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, hereby appoints: Ann Wolff Leslie Lindbergh Jones Kathy Stark Term expires January 1, 2012 Term expires January 1, 2012 Term expires January 1, 2012 Adopted by the Stillwater City Council this 16th day of December 2008. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk LIBRARY BOARD Members Date Appointed Ward Term Expires Mary Lou Rice appt'd 1/4/00 W3 01-Jan-09 reappt'd 1/7/03,12/05 Stillwater, MN 55082 (Third Term) Ann Wolff appt'd 5/15/07 W1 01-Jan-09 (unexpired term of Weber) Stillwater, MN 55082 Andrea L. Tipple appt'd. 11/20/01 W1 01-Jan-09 reappt'd 1/7/03,12/05 Stillwater, MN 55082 (Second Term) Richard Edstrom appt'd 1/07' W2 01-Jan-10 (First term) Stillwater, MN 55082 Edward Gordon appt'd 1/07 W2 01-Jan-10 (First term) Stillwater, MN 55082 Jane E. Dickinson appt'd 8/07 W2 01-Jan-10 (unexpired term of Huelsmann) Stillwater, MN 55082 Julia Sandstrom appt'd 1/18/05,08 W2 01-Jan-11 (Second term) Stillwater, MN 55082 Michele Cassavante appt'd 1/4/08 W1 01-Jan-11 (First term) Stillwater, MN 55082 Ruth Ranum appt'd 7/20/04,05,08 W2 01-Jan-11 (Second Term) Stillwater, MN 55082 The purpose of the Library Board is to operate and maintain the Stillwater Public Library. The Library Board is organized per City Charter. Article XIV and Minnesota Statutes Chapter 134. The Library Board consists of nine (9) members who are appointed by the City Council. The members serve for a period of three (3) years, and are limited to three - three year terms. Rev. 04/08 .' r Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 12/10/2008 Re: Heritage Preservation Commission Appointments Interviews were held for the Planning Commission and Councilmember Gag and Chair Lieberman's recommendation is to appoint (2 terms expiring): Roger T omten Jerald (Regiie) Krakowski If Council agrees with the recommendation they should pass a motion adopting Resolution 2008-_, approving appointment to the Heritage Preservation Commission. ~ W." APPOINTMENTS TO HERITAGE PRESERVATION COMMISSION NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, hereby appointed the following at their December 16, 2008 regular City Council meeting: HERITAGE PRESERVATION COMMISSION Roger T omten Jerald (Reggie) Krakowski Term Expires - January 1,2012 Term Expires - January 1,2012 Adopted by Council this- 16th day of December, 2008 Ken Harycki, Mayor Attest: Diane F, Ward, City Clerk St1 Uwater Administration HERITAGE PRESERVATION COMMISSION Members Date appointed Ward Term Expires Jeff Johnson Phil Eastwood Howard Lieberman (Chair) Roger Tomten appt'd 1/1/89 W1 01-Jan-11 unexpired term of T. Alliband re-appt'd 1/90,93,96,99,02,05,08 (Sixth Full Term) appt'd 1/5/99 W2 01-Jan-11 re-appt'd 1/02,05,08 (Third Term) appt'd 10/1/91 W4 01-Jan-11 unexpired term of R. Zaworski re-appt'd 1/93,/96,99,02,05,08 (Fifth Full Term) appt'd 1/4/94 W1 01-Jan-09 re-appt'd 1/97,00,03,05 (Fourth Term) Larry Nelson appt'd 9/20/05,12/05 W2 01-Jan-09 (unexpired term of Kraske) Scott Zahren appt'd 11/15/05,1/07 W2 01-Jan-10 (First full term) Gavle Hudak appt'd 1/07 W2 01-Jan-10 (First term) Robert Gag (Council Rep.) appt'd 2/6/07 Planning Commission Chair, City Planner and Council Representative are ex-officio members. The purpose of the Heritage Preservation Commission is to safeguard the heritage of the City by working toward the preservation of historical sites and structures. The Heritage Preservation Commission is organized per City Code Chapter 22.7 and consists of seven voting members to be appointed by the City Council. Members shall serve a term of three (3) years. The Chairman of the Planning commission or his designee and the City Planner of the City shall be ex-officio, non -voting member of the commission. All voting members shall be residents of the City. The HPC meets the 15t Monday of each month. Rev. 1/08 r~i1Iwater .,..~ . ------~ Administration ') Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 12/11/2008 Re: Human Rights Commission Appointments There are three terms expiring on the Human Rights Commission. Applications have been received from: Jane Taves (requesting reappointment) - Ward 3 Jamie Wyman - Ward 3 Ann McLellan - Ward 3 Laura Lewis - Ward 4 ACTION REQUIRED Review applications and make appointments by adopting a resolution approving appointments to the Human Rights Commission. ~ I Iwater Administration HUMAN RIGHTS COMMISSION Members Date Appointed Ward Term Expires Anthony Carr (Chair) Suzanne McCarthy Jane Taves Jean Lifton Colleen Baldrica 1/16/01 W4 1/1/09 reappt'd 1/03,05,07 Fourth Term Appt'd 1/07, W2 1/1/10 reappt'd 12/07 First full term app't. 1/18/05 W3 1/1/09 reappt'd 1/07 Second term appt. 8/7/07 W2 1 / 1 / 10 reappt'd 12/07 First full term appt. 12/07 W1 1/1/10 Louise Jones app't. 1/18/05 W4 1/1/09 reappt'd 1/07 Georgene Gray app't. 6/6/06 W4 1/1/10 reappt'd 12/07 Mike Polehna (council rep.) app't. 12/20/05,1/2/07 Established by Ordinance 807, amended by Ordinance 982, and organized per City Code Chapter 25. The purpose of the Human Rights Commission is to aid and advise the City Council in ensuring for all citizens of the City equal opportunity in those areas protected by law and in other related concerns. The commission is composed of seven members. All members will be appointed for two-year terms that are staggered in order to provide continuity of policy and program. The Human Rights Commission meets the last Wednesday of the month. Rev. 3/08 }> Memo DATE: December 15, 2006 TO: Mayor and City Council Sharon Harrison ~ Finance Director '~ 2009 Final Tax Levy and 2009 Final Budget FROM: RE: Included in your packet are the resolutions adopting the final budget and the final tax levy for the budget year 2009. There are no changes to the final budgets or to the tax levy that were presented at the Truth-in- Taxation hearing at the December 2, 2008 meeting. ACTION REQUIRED Staff requests that Council to consider and adopt the Final Tax Levy and the Final Budget for the year 2009. " ADOPTING THE FINAL BUDGET FOR THE YEAR 2009 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the final budget for the year 2009 with revenues and expenditures in the amounts for the following funds: General Fund Special Events Fund St Croix Valley Recreation Center Fund Library Fund Parks Fund Washington County Recycling Grant Fund DARE Fund Total Revenues $ 11,269,170 92,500 2,028,500 1,254,693 996,067 34,050 3,000 $ 15,677,980 Adopted by the Council this 16th day of December 2008. Expenditures $ 11,269,170 92,500 2,180,166 1,254,693 996,067 34,050 3,000 $ 15,829,646 Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk , ADOPTING THE FINAL TAX LEVY FOR THE YEAR 2009 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the sum of $10,099,769 is hereby levied against all of the taxable property of the City of Stillwater, Washington County, Minnesota collectible in 2009 for the following purposes: FUND # Current Required Levy AMOUNT GENERAL TAX LEVY: 100 General Tax Levy $ 6,652,408 SPECIAL LEVIES: DEBT SERVICE TAX LEVY: 304 G,O. Capital Outlay 20048 305 G,O, Capital Outlay 2005A 307 G,O. Capital Outlay 2007 A 308 G,O. Capital Outlay 2008A 309 G,O, Capital Outlay 2009 315 G,O, Capital Outlay 20058 316 G,O, Capital Outlay 2006A 320 G,O, Capital Outlay 2003A 328 G,O, Capital Outlay 19988 323 G,O, Capital Outlay 2002A 340 G,O, Improvement 80nds 2004A Total Debt Service Tax Levy 103,404 225,356 196,973 220,356 220,000 282,148 581,850 201,456 154,062 801,105 299,829 $ 3,286,539 PERA EMPLOYER CONTRIBUTION RAT E INCREASE: 100 Special Levy $ 160,822 TOTAL 2009 PROPOSED TAX LEVY $ 10,099,769 CANCEL DEBT SERVICE LEVIES FOR: 303 G,O, Capital Outlay 20003HS 381 G,O, Sport Facility Revenue 20000 385 G,Q, Sports Center 2005C $ 33,075 187,800 344,718 Adopted by the Council this 16th day of December 2008, Ken Harycki, Mayor ATTEST: Diane F, Ward, City Clerk I' cSti Ilw~ ~,~ ~) Administration Memorandum To: Mayor and City Council From: Diane Ward, City Clerk Date: 12/12/2008 Reviewed By: City Administrator Hansen Re: Purchase of Portable Digital Recording Equipment I am requesting to purchase a Portable Digital Conference Recording System. Our tape cassette recording system no longer works and we are now down to our backup tape recorder which was manufactured 10 years ago and does not work reliably. . The "Pros" of having a digital recorder (City Council meetings are digitally recorded) are: . Clarity of the discussion by many people . Attachable to email when requested . More efficient use of staff time to prepare minutes - depositions (administrative hearings by Police Department) . Listening to the meetings - digitally done through computer . No tape costs . No switching or flipping of tapes during a meeting (gap in recording of meetings) . Archival in the Laserfiche System and retained according to the retention schedule . Digital files are more reliable than tape cassettes . Longer recording time (60 minutes per side on cassettes) . Can be transferred to a CD or flash drive . Easier to use to setup and used This equipment is used consistently for: . Downtown Parking Commission meetings (Police Department) . Human Rights Commission meetings . Charter Commission meetings . Joint Board meetings . Council Executive Sessions . Council workshops (held in the back of the Council Chambers) . Administrative Hearings (Police Department) Planning, Parks & HPC Commissions use this if they have to be moved from the Council Chambers because of special meetings of the Councilor Elections. , I have checked prices for a tape recorder comparable to what we had which cost $329 (see attached); this does not include compatible microphones (approximately $100), tape cassettes (approximately $100 per year) shipping, and tax. However, I do not recommend replacing our current portable recording system with another tape cassette recorder because of the reasons mentioned above and because tape recording systems are becoming obsolete and harder to find. The cost of the portable system is $1,107.00, plus tax and would be funded by MIS. . . f Philips " Conference Recording t System 1 1 ] iii product design .ward LFH 955 2008 . e. e. Not a single word lost Designed to capture your meetings, the professional Conference Recording System 955 provides excellent sound quality combined with easy-to-use technology. Simple to set up, it comes in an elegant metal case for highest mobility. The pathbreaking conference microphone permits 360 degree pickup for comprehensive recording with maximum comfort, The extendability of components lets the system grow with the needs of your business, Get your meeting going with the Philips Conference Recording System, Fast and simple . Fast set up for hassle-free installation . Easy-to-use devices for smart and time-saving workflow Adapted to professional needs . Future-proof thanks to extendable microphones (daisy-chaining) . Enhanced mobility with elegant carry case . Professional two-channel recording Designed around industry standards . Allows seamless working through standardized technologies . Supports mp3 as well as the ,dss file format, the industry standard for digital recording '.'~".""""""~""',.,.",.,,,,'.','.'..'.. .-.la..:...::.-.-i-- , --. -'--'- ""_"":".:,.,;;.~",..-" ',.."" ;-1 .' ;11 ',1 PHILIPS sense and simplicity r-nlllps \...omerence "ecoromg ;)yst:em Specifications Digital Pocket Memo 955 Connectivity . Docking connector: 8-pin female . USB: Mini USB 2,0 female (full speed, 12 Mbitls) . DC in: 6 V . Microphone: 3,5 mm, impedance 2 kO . Headphone: 3,5 mm, impedance 8 0 or more . Memory card: Secure Digital (SO) and Multimedia card (MMC) up to 2 GB Disploy . Type: TFT-Transreflective . Diagonal screen size: 44 mm 11.71 in, . Resolution: 128 x 128 pixels . Backlight color: white Recording specificotions . Recording formats: MP3 (MPEG-1 Audio Layer 3) Digital Speech Standard I Quality Play (DSS QP) Digital Speech Standard I Standard Play (DSS SP) PCM (Pulse-Code Modulation) . Recording modes I Recording time (with 2 GB): XHQ (,mp3/two channels) I 36 hours HQ (,mp3/two channels) I 72 hours DSS QP (,ds2/mono) 1170 hour DSS SP: (,dss/mono) I 340 hours PCM (,wav/two channels) 13,1 hours . Compression rate I Sampling frequency: XHQ: 128 kbitls 144,1 kHz HQ: 64 kbitls I 32 kHz DSS QP: 27 kbitls 116 kHz DSS SP: 13,5 kbitls 112 kHz PCM: 1141 kbitls 144,1 kHz Frequency response (Voice filter mode I Music filter mode): XHQ: 300 - 8.000 Hz I 50 - 20,000 Hz HQ: 300 - 8,000 Hz I 50 - 15,500 Hz DSS QP: 300 - 7,000 Hz l- OSS SP: 300 - 5,700 Hz 1- PCM: 300 - 8,000 Hz I 50 - 20,000 Hz Speaker . Built-in: 30 mm round dynamic speaker . Output power: 200 mW Power · Battery type: two AAA batteries (LR03 or R03) or two Philips AAA Ni-MH rechargeable batteries (LFH 9154) . Battery life (DSS SP mode): 17,5 hours with Philips Ni-MH rechargeable battery 15 hours with Philips alkaline battery . Charging time (full charge): USB fast charging or power supply: 2,5 hours USB Docking Station Connectivity . Docking connector: 8-pin male . PC connector: Mini-USB female . DC in: 6 V Power . Power supply: 6 V DC I 850 mA . Power consumption: 800 mA max, Issue date 2008-03-04 Version 1,2 PHILIPS e Interview Microphone Specifications . Type: Electret condenser microphone . Output impedance: approx, 2,2 kOhm @ 1 kHz . Sensitivity: -42 dBV . Frequency response: 40 Hz -18 kHz . Phantom supply voltage: 1,5 to 5 VI O,5mA per channel . Audio plug: 3,5mm Conference Microphone 9t72 Specifications . Design: Boundary layer microphone . Type: Electret condenser microphone . Output impedance: approx, 2,2 kOhm @ 1 kHz . Sensitivity: -38 dBV . Frequency response: 30 Hz - 18. kHz . Phantom supply voltage: 1,5 to 5 VI O,5mA Connectivity . Audio plug: 3,5mm . Audio jack (for cascading): 3,5 mm . Cable length: 2 m I 6,5 ft, Speech Exec Pro Dictate PC requirements · Minimum: Pentium III, 500 MHz and 256 MB RAM . Recommended: Pentium IV or similar, 1 GHz and 1 GB RAM . Hard disk space: 100 MB for Speech Exec. 250 MB for Microsoft NET Framework . Sound card and headphone output or speakers . 1 free USB port _ . Operating system: Windows Vista, Windows XP (with SP 2), Windows 2000 (with SP 4) Green specifications . Compliant to 2002l95/EC (RoHS) . Lead-free soldered product Package contents . Digital Pocket Memo 955 . Two conference microphones . Click-on interview microphone . Remote control . USB Docking Station 9120 · Speech Exec Pro Dictate Software . USB Smart Key . Power supply 9146 . Philips Secure Digital (SO) memory card . Philips rechargeable AAA Batteries 9154 . Interchangeable primary power adapters . Mini USB cable, Y adapter cable . Metal carry case . User manual Accessories . Conference Microphone 9172 . Philips Secure Digital (SO) memory card . Stereo headphones 334 Related Products . SpeechExec Pro Transcription Set 7277 @ 2008 Koninklijke Philips Electronics N,V, All rights reserved, Specifications are subject to change without notice, Trademarks are the property of Koninklijke Philips Electronics N,V, or their respective owners, www.philips.com/dictation -...-... ~ Product highlights '4> Not a single word lost The Philips Conference Recording System is a compact. easy-to-use solution for all your conference recording needs, It is packaged with two high-</uality omnidireaional conference microphones to capture every discussion in stereo quality, For large conferences, the operoting range can be extended by connecting up to six microphones to record up to 32 participants, The compact click-<>n interview microphone is the ideal solution for recording interviews in high-</uality stereo mode, Digital Pocket Memo 955 The two channel conference recorder Digital Pocket Memo 955 is always ready to record your meeting, Handy, powerful and efficient, you can easily control the latest recording technology with push buttons, With an exchangeable SO card, you have virtually unlimited recording copacity, and the ,dss file format produces excellent sound quality, ComPleted files can be quickly transferred to a PC via a usa cable for storoge or professional transcription, The Digital Pocket Memo's asymmetrical and ergonomic design delivers unparalleled user-friendly operotion, The push button switch allows quick control and single handed operation, Together with the remote contral, convenient handling is guaronteed, The Digital Pocket Memo is designed around standardized technologies, From SO (or MMC) cards, mini-US8 cables, batteries and sockets to the industry standard .dss file format for speech processing, Philips employs non-proprietary accessories and technologies for ultimate compatibility, Conference microphone The revolutionary, non direaional conference microphone can be set up easily without 0 microPhone stand, The design allows 360 degree pick up, so there ore no important details lost, With its extendable wire and the wire storage integrated into the base, the conference microphone demonstrotes what sense and simplicity means, Remote control The smartest way of controlling the Conference Recording System, All major recording functions can be managed with the handy remote control, The puristic design guarantees 0 recording process without distraction, Mobility All accessories of the Conference Recording System fit into the compact metal carry case, This guarontees easy transportation, as well os appropriate storage of your recording equipment. Extendability In order to grow with the future needs of your business, the daisy chain feature of the conference microphone allows the connection of up to 6 microphones to the recording device, Easy set up The Conference Recording System con be set up in seconds, Place the conference microphones on the conference table, connect them to the DPM Conference Recorder, remote contral and power supply, Now you ore ready to go! , LQEfoo~~ LlTS Purchase Agreement Account Representative: Dave Mrozinski HQ 8803 Date: 12/2/2008 Order #: (952) 925-6800 . FAX (952) 925-5781 Customer# 00000 Customer Name: City of Stillwater o Street: 214 North 4th Street City: Stillwater State: MN Zip: 55082 Contact Name: Rose Holman, MIS Specialist Phone#: (651) 430-8804 Fax#: Email: rholman@ci.stillwater.mn.us New Client? No Sale Type: Customer# Customer Name: City of Stillwater Street: 214 North 4th Street City: Stillwater State: MN Zip: 55082 Contact Name: Rose Holman, MIS Specialist Phone#: (651) 430-8804 Fax#: Email: rholmantmci.stillwater.mn.us Payment: PO Number: Carrier: GROUND Special Instructions I Comments: ACCEPTED BY City of Stillwater ACCEPTED BY Loffler Companies, Inc. Date Date $1,107.00 PLEASE SEE REVERSE SIDE FOR TERMS AND CONDITIONS. 7~ 1ttUt $1,099,00 $0,00 $0,00 $0,00 $0,00 $0,00 $0,00 $0,00 $0,00 $0,00 $0,00 $0,00 $0,00 $0,00 $0,00 $0,00 $0,00 $0,00 $0.00 TBD ... TERMS AND CONDmONS Client hereby agrees to the following terms and conditions: 1. This Agreement shall become binding once credit is approved and accepted by Loffler Companies, Inc. at its home office, 2. This Agreement may not be cancelled, altered, or waived after acceptance without consent in writing. 3. Loffler Companies, Inc. shall not be liable for failure to deliver or for delays occasioned by causes beyond Seller's control, including without limitation, non-delivery or delays by shippers, carriers, or others, accidents, or government acts. 4. Loffler Companies, Inc. shall not be liable for any special, indirect or consequential damages nor shall Seller be liable in any event for more than the invoice price of any Equipment or supplies. Each shipment under this Agreement is to be considered an individual transaction, 5. This is a binding contract, not a sale on approval or trial basis. Provisions of this contract, once accepted by Loffler Companies, Inc" supersede any oral communications between the parties. Loffler Companies, Inc. is specifically not bound by any oral or written representation made by its employees or salespeople to clients which do not appear herein in writing. 6, All right, title or interest to the Equipment or supplies described herein shall remain the property of Loffler Companies, Inc, (or its leasing agent) until paid in full. 7. All invoices will be issued after delivery of equipment and are due and payable on the date of invoice. Client agrees to pay interest at a rate of 1-1/2% per month, or to the extent allowed by law, on any amounts not paid within 10 days of invoice date. 8. Client shall pay all of Loffler Companies, Inc. costs in the collection of any amount due hereunder, in the recovery of any property pursuant hereto or in the enforcement of its rights against the client, including reasonable attorney's fees, whether or not suit be brought, and proper venue of any action at law or in the equity to enforce any rights hereunder shall be brought in a Court of competent jurisdiction in Hennepin County, Minnesota, despite Client's location or place of payments. 9. COMPLETE AGREEMENT; EXCLUSION OF WARRANTIES: Customer specifically agrees that NO OTHER terms, representations of warranties (express or Implied) have been made or have been relied upon to Induce Client to enter Into this Agreement. Loffler Companies, Inc. represents and warrants for a period of ninety (90) days that the parts provided hereunder are free of material defect or workmanship, and the lIabllfty of Loffler Companies, Inc. 15 expressly limited to the replacement or repair of said parts which may be defective, EXCEPT AS SET FORTH HEREIN AND IN THE GUARANTEED PERFORMANCE SECTION LOFFLER COMPANIES, INC. EXPRESSLY DISCALlMS ALL OTHER WARRANTIES, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. LOFFLER COMPANIES, INe. shall not be liable for any other damages of any kind arising from any alleged breach of warranty, except as set forth herein. 10, DEFAULT: in the event the Client shall default any payment due, or In the event of any other default or breach of the other terms and conditions of this Agreement, Loffler Companies, Inc. shall have the right to do anyone or more of the following: a. Declare this Agreement in default upon written notice to Client, whereupon the entire amount of payments remaining to be paid shall become immediately due and payable. b. Without notice to the Client, repossess the Equipment wherever found with or without legal process, and for this purpose Loffler Companies, Inc. and its agents may enter upon any premises of or under the control or jurisdiction of Client or any agent of Client without liability for suite, action or other proceeding by client (any damages occasioned by such repossession being hereby expressly waived by the client) and remove the Equipment there from. c. Any repossession, resale or release of any Equipment by Loffler Companies, Inc. shall not be a bar to the institution of litigation by Loffler Companies, Inc. against the Client for damages for breach of this Agreement. Trade In Information: Trade In LD. numbers Model Trade in equipment owned by: 0 Leasing company 0 Vendor If leasing company, return picked up equipment to: Name Address Phone Additional Notes regarding trade ins: Serial L . Marantz PMD222 Tape Recorder - Hurry Supplies are Running Out!: Martel Electronics ... Page 1 of 5 u> ~~;Tffr:~L ELECTRONICS -SIN<:E i 9'57- HO',lS RECORt:lliif(S 'fRANSCRll3ERS MICROPHONES GOVERNMENT Find products here I Search I ~--..,. Pur'('.hase Order r"ortn I Government Division I RepaH's I Catalog I History I News I Update Basket I Proceed to Checkout 1.800.553.5536 Enter Model Number -Shopping Cart- "W Your shopping cart Is empty , -Product Categorles- Transcribers with Foot Pedals Marantz PMD222 Tape Recorder - Hurry Supplies are Running Out! G Marantz PMD222 Tape Recorder - Hurry Supplies are Running Out! Verbatim Mask Packages Voice Recorders Shop By Brand Police in Car Video Systems Aceessones Mini Mask Microphones & Mixers Marantz Recorders Links Product Image DVD Transcriber Desktop T ape Dictators Court Reporting Schools Voice Recorders Cassette to Digital- Hi-Speed Converter Call in Dictation Systems Code: 5 Price:$329,OO Shipping Weight: 5.00 pounds Quantity: ~ ..::::tS?J SHJD 10 A fFHfND Martel is an official Marantz Professional Dealer Brand new factory sealed units. We have over 400 Marantz, This unit Is the same as the PMO-221 with addition It has an XLR professional microphone input, An excellent choice for court reporters who need high quality recordings, The highly respected Marantz PMO line of portable cassette recorders represents the industry standard for analog recorders, Solid reliability and durability combined with exceptional audio quality make these recorders ideal for applications that demand flawless performance first time, every time, With a wide range of valuable features-Including professional Inputs, two-head cassette mechanisms, half-speed recording, pitch control capabilities, and more-these recorders offer the flexibility, functionality, and control today's sophisticated users require, Package Includes: 1. Brand New Marantz PM0222 2, OA-36 AC Adaptor Power Supply 3, Shoulder Strap for PM0222 4, Marantz instruction Manual 5, Martel telephone support 6, Marantz factory warranty 12881T~ 55LSi:El:UF\':ITY ,"',c" 30 Day Money ", Back Guarantee .l!EJ ~EX IDEBITI Features and Benefits Features: . Mono recorder . Sturdy and dependable . Records at 2 speeds . Automatic level control . Built-in condenser mlc . Mini plug mlc input . Remote jack . Modular telephone jack . External speaker Jack . VU meter . Microphone attenuation . Manual level control . Limiter http://www.martelelectronics.com/5 .html . Pause control . Pitch control (+/- 20%) . Audible cue and review . Tape counter . Full auto shut off . Low-battery Indicator . Half-speed record and play . Powered by 3 "0" batteries for up to 7-1/2 hours . Optional rechargeable battery provides 5-1/2 hours . Includes AC adapter . RCA line Inputs/outputs . 1/40 headphone jack 12/5/2008 ,Marantz PMD222 Tape Recorder - Hurry Supplies are Running Out!: Martel Electronics ... . Built-in Speaker Additional Product Information PMD Features PMD-ZOl PMD-ZZZ General Stereo/Monaural Mono Mono Number of heads 2 3 Inputs/Outputs Microphone Input type Mlniplug Mlnlplug/XLR Left mlc mono input . (switchable) Built-In condenser mic . . Remote jack . . Modular telephone jack . . External speaker jack . . Record Controls VU meters 1 1 VU meter illumination Two-speed recording . . (1 7/8 Ips and 15/16 ips) Dolby B noise reduction DBX noise reduction Microphone attenuation 0, -10dB, - 0, -10dB, - 20dB 20dB Ambient noise control . . MPX filter Manual level control . . Limiter . . Automatic level control . . Peak Indicator . Playback Controls Pitch control :20% :20% Bias fine adjustment Tone control . . Half-speed playback (drops music one octave) Memory rewind . Specifications Frequency response Normal tape 1 7/8 ips 40Hz-12kHz 40Hz-12,5kHz 15/16 Ips 40Hz-6kHz 40Hz-6.5kHz Cr02 tape 1 7/8 ips 40Hz-13,5kHz 40Hz-14kHz 15/16 Ips 40Hz-7kHz 40Hz-7,5kHz Metal tape 1 7/8 Ips 40Hz-14kHz 40Hz-15kHz 15/16 ips 40Hz-8kHz 40Hz-8,5kHz Signal-to-nolse ratio NR off 57dB 57dB Dolby B NR on DBX NR on Wow and flutter ,12% (,15%) ,12% (,15%) Dimensions 2' x 9' x 6 1/2' 2' x 9'x 6 1/2' Weight 2,91bs 2,91bs Related Item(s} ~ TRX-20 Telephone Recorder Hookup http://www.martelelectronics.com/5 .html Page 2 of 5 TRX-20 Teleohone Recorder Hookuo Price: 529,41 Quantity in Basket: none 12/5/2008 , ~ ~iIlwate~ ~." General Ledger Monthly Report User: SharonH Printed: 12/12/08 13:42:44 '" ",,,.,,,, " M '""" ,~~ Period 01 - 11 Fiscal Year 2008 - 2008 2008 2008 2008 Description Budget Y-T-D Variance GENERAL FUND Revenue TAXES 7,214,509,00 3,665,031.36 3,549,477.64 LICENSES AND PERMITS 478,559.00 521,272,97 -42,713,97 SPECIAL ASSESSMENTS 3,500.00 4,126,13 -626,13 INTERGOVERNMENTAL 958,816.00 769,618,53 189,197.47 CHARGES FOR SERVICES 1,213,502,00 874,918,85 338,583.15 FINES AND FORFEITS 120,700.00 117,739,62 2,960.38 MISCELLANEOUS 236,000,00 60,214,79 175,785.21 OTHER FINANCING SOURCES 1,247,466,00 0,00 1,247,466,00 11,473,052.00 6,012,922.25 5,460,129.75 Revenue 11,473,052.00 6,012,922.25 5,460,129.75 Expense MAYOR & CITY COUNCIL PERSONNEL SERVICES 77 ,225.00 73,566,62 3,658,38 SERVICES AND CHARGES 49,764,00 37,367,09 12,396,91 MISCELLANEOUS 19,150,00 14,894,90 4,255.10 DEPRECIATION 0,00 0,00 0,00 MAYOR & CITY COUNCIL 146,139.00 125,828.61 20,310.39 ELECTIONS PERSONNEL SERVICES 30,513,00 26,243,92 4,269.08 SUPPLIES 750.00 959,94 -209,94 SERVICES AND CHARGES 7,246,00 7,158,81 87,19 MISCELLANEOUS 2,500.00 496,99 2,003,01 CAPITAL OUTLAY 0.00 0,00 0,00 DEPRECIATION 0,00 0,00 0,00 ELECTIONS 41,009.00 34,859.66 6,149.34 MIS SUPPORT SERVICES PERSONNEL SERVICES 138,404,00 117,571.43 20,832.57 SUPPLIES 10,500.00 7,648,63 2,851.37 SERVICES AND CHARGES 27,336,00 25,039,78 2,296,22 MISCELLANEOUS 150,00 134,94 15,06 CAPITAL OUTLAY 89,000,00 50,497,31 38,502,69 DEPRECIATION 0.00 0,00 0,00 MIS SUPPORT SERVICES 265,390.00 200,892.09 64,497.91 FINANCE PERSONNEL SERVICES 344,061.00 298,458,64 45,602.36 SUPPLIES 6,700,00 2,596,01 4,103,99 SERVICES AND CHARGES 63,641.00 59,287,71 4,353,29 MISCELLANEOUS 1,750,00 1,580,94 169,06 CAPITAL OUTLAY 4,500,00 8,761.32 -4,261.32 DEPRECIATION 0,00 0,00 0,00 1 4 2008 2008 2008 Description Budget Y-T-D Variance FINANCE 420,652.00 370,684.62 49,967.38 ADMINISTRATION PERSONNEL SERVICES 444,493,00 293,133,97 151,359,03 SUPPLIES 5,700.00 1,326.22 4,373.78 SERVICES AND CHARGES 143,422.00 146,250.86 -2,828,86 MISCELLANEOUS 4,650,00 2,294.37 2,355,63 CAPITAL OUTLAY 34,600,00 21,449.09 13,150,91 DEPRECIATION 0.00 0.00 0,00 ADMINISTRATION 632,865.00 464,454.51 168,410.49 LEGAL/CITY ATTORNEY PERSONNEL SERVICES 122,873.00 107,429.59 15,443.41 SUPPLIES 1,500.00 2,537.43 -1,037.43 SERVICES AND CHARGES 161,775,00 137,817.50 23,957,50 MISCELLANEOUS 2,000,00 46,00 1,954,00 LEGAL/CITY ATTORNEY 288,148.00 247,830.52 40,317.48 PLANT/CITY HALL PERSONNEL SERVICES 0,00 0.00 0,00 SUPPLIES 17,000.00 10,910,01 6,089,99 SERVICES AND CHARGES 158,652,00 104,680,09 53,971.91 MISCELLANEOUS 1,250,00 232,31 1,017,69 CAPITAL OUTLAY 100,000,00 0,00 100,000,00 DEPRECIATION 0,00 0,00 0,00 PLANT/CITY HALL 276,902.00 115,822.41 161,079.59 COMMUNITY DEVELOPMENT PERSONNEL SERVICES 220,319,00 190,851,34 29,467,66 SUPPLIES 9,350,00 5,683,61 3,666.39 SERVICES AND CHARGES 124,610,00 114,554,93 10,055.07 MISCELLANEOUS 2,100.00 2,606.67 -506,67 CAPITAL OUTLAY 8,100,00 809.21 7,290,79 DEPRECIATION 0,00 0.00 0,00 COMMUNITY DEVELOPMENT 364,479.00 314,505.76 49,973.24 POLICE PERSONNEL SERVICES 2,363,050,00 1,874,761.90 488,288.1 0 SUPPLIES 102,000,00 94,641.36 7,358,64 SERVICES AND CHARGES 193,295,00 72,877.47 120,417,53 MISCELLANEOUS 16,000,00 13,706,67 2,293.33 CAPITAL OUTLAY 295,300,00 255,524.87 39,775,13 DEPRECIATION 0,00 0,00 0,00 POLICE 2,969,645.00 2,311,512.27 658,132.73 FIRE PERSONNEL SERVICES 936,799,00 789,117,87 147,681.13 SUPPLIES 39,770.00 33,793,79 5,976.21 SERVICES AND CHARGES 125,482,00 39,332,24 86,149,76 MISCELLANEOUS 6,350,00 4,844.15 1,505.85 CAPITAL OUTLAY 240,900,00 36,826,58 204,073.42 DEPRECIATION 0,00 0,00 0,00 FIRE 1,349,301.00 903,914.63 445,386.37 INSPECTIONS PERSONNEL SERVICES 196,010,00 171,885.57 24,124.43 2 ---- 2008 2008 2008 Description Budget Y-T-D Variance SUPPLIES 8,700,00 5,771.17 2,928,83 SERVICES AND CHARGES 37,678,00 19,144,44 18,533,56 MISCELLANEOUS 14,608,00 5,256,24 9,351.76 CAPITAL OUTLAY 28,800,00 3,300,00 25,500.00 DEPRECIATION 0.00 0.00 0,00 INSPECTIONS 285,796.00 205,357.42 80,438.58 CIVIL DEFENSE SUPPLIES 50,00 82,43 -32.43 SERVICES AND CHARGES 5,961.00 2,222.12 3,738,88 MISCELLANEOUS 550,00 812,68 -262,68 CAPITAL OUTLAY 6,300,00 6,739.38 -439,38 DEPRECIATION 0,00 0.00 0,00 CIVIL DEFENSE 12,861.00 9,856.61 3,004.39 ENGINEERING PERSONNEL SERVICES 332,077.00 289,550,72 42,526,28 SUPPLIES 13,400,00 13,476.64 -76,64 SERVICES AND CHARGES 40,621.00 16,567,67 24,053.33 MISCELLANEOUS 2,950,00 1,443,02 1,506,98 CAPITAL OUTLAY 3,500,00 3,152.96 347,04 DEPRECIATION 0,00 0,00 0.00 ENGINEERING 392,548.00 324,191.01 68,356.99 STREET PERSONNEL SERVICES 561,310,00 466,071.94 95,238.06 SUPPLIES 225,300,00 218,749,92 6,550,08 SERVICES AND CHARGES 328,421.00 218,788,27 109,632,73 MISCELLANEOUS 10,300,00 4,954,89 5,345.11 CAPITAL OUTLAY 383,800.00 315,917.05 67,882,95 DEPRECIATION 0,00 0,00 0,00 STREET 1,509,131.00 1,224,482.07 284,648.93 UNALLOCATED PERSONNEL SERVICES 454,716,00 465,876.50 -11,160.50 SERVICES AND CHARGES 222,250,00 538,074.03 -315,824,03 MISCELLANEOUS 35,000,00 13,433,73 21,566,27 CAPITAL OUTLAY 0,00 0,00 0,00 DEPRECIATION 0,00 0,00 0,00 UNALLOCATED 711,966.00 1,017,384.26 -305,418.26 OPERATING TRANSFERS OTHER FINANCING USES 1,806,220,00 1,655,701.65 150,518.35 OPERATING TRANSFERS 1,806,220.00 1,655,701.65 150,518.35 Expense 11,473,052.00 9,527,278.10 1,945,773.90 Revenue Total 11,473,052.00 6,012,922.25 5,460,129.75 Expense Total 11,473,052.00 9,527,278.10 1,945,773.90 Grand Total 0.00 -3,514,355.85 3,514,355.85 3 General Ledger ~illwate~ Monthly Report User: SharonH Printed: 12/12/08 13:43:04 Period 01 - 11 THE 81I1TH~LACE OF MINNESOTA ~ Fiscal Year 2008 - 2008 2008 2008 2008 Description Budget Y-T-D Variance SPECIAL EVENTS FUND Revenue MISCELLANEOUS 30,000,00 15,000.00 15,000,00 OTHER FINANCING SOURCES 57,500,00 52,708.34 4,791.66 87,500.00 67,708.34 19,791.66 Revenue 87,500.00 67,708.34 19,791.66 Expense SPECIAL EVENTS SERVICES AND CHARGES 35,500,00 37,762.44 -2,262,44 MISCELLANEOUS 52,000;00 57,313,83 -5,313.83 SPECIAL EVENTS 87 ,500.00 95,076.27 -7,576.27 Expense 87,500.00 95,076.27 -7,576.27 Revenue Total 87,500.00 67,708.34 19,791.66 Expense Total 87,500.00 95,076.27 -7,576.27 Grand Total 0.00 -27,367.93 27,367.93 1 General Ledger ~iIlwate~ Monthly Report User: SharonH -~ ~') Printed: 12/12/08 13:46:57 THE BIRTHPLACE OF MINNESOTA' Period 01 - 11 Fiscal Year 2008 - 2008 2008 2008 2008 Description Budget Y-T-D Variance ST CROIX VALLEY REC CENTER Revenue REVENUES CHARGES FOR SERVICES 1,403,917,00 1,282,510,80 121,406,20 MISCELLANEOUS 60,000,00 0,00 60,000.00 OTHER FINANCING SOURCES 390,800,00 0,00 390,800,00 REVENUES 1,854,717.00 1,282,510.80 572,206.20 Revenue 1,854,717.00 1,282,510.80 572,206.20 Expense RECREATION CENTER PERSONNEL SERVICES 0,00 0,00 0,00 SUPPLIES 117,500.00 124,643.33 -7,143.33 SERVICES AND CHARGES 634,446.00 590,990,88 43,455,12 MISCELLANEOUS 18,500,00 7,751.61 10,748.39 CAPITAL OUTLAY 44,800,00 8,357,89 36,442,11 DEPRECIATION 0,00 0,00 0,00 OTHER FINANCING USES 454,169,00 0,00 454,169.00 RECREATION CENTER 1,269,415.00 731,743.71 537,671.29 FIELDHOUSE PERSONNEL SERVICES 0.00 0.00 0.00 SUPPLIES 6,200,00 6,515.39 -315.39 SERVICES AND CHARGES 249,721.00 199,544,48 50,176.52 MISCELLANEOUS 3,200,00 2,695,67 504,33 CAPITAL OUTLAY 60,000,00 0,00 60,000.00 FIELDHOUSE 319,121.00 208,755.54 110,365.46 LILY LAKE ARENA SUPPLIES 10,700,00 6,972,49 3,727,51 SERVICES AND CHARGES 164,678,00 122,485.47 42,192.53 MISCELLANEOUS 1,150,00 635,00 515.00 CAPITAL OUTLAY 286,000,00 150,146.36 135,853,64 LILY LAKE ARENA 462,528.00 280,239.32 182,288.68 Expense 2,051,064.00 1,220,738.57 830,325.43 Revenue Total 1,854,717.00 1,282,510.80 572,206.20 Expense Total 2,051,064.00 1,220,738.57 830,325.43 Grand Total -196,347.00 61,772.23 -258,119.23 1 General Ledger <'3illwate~ Monthly Report User: SharonH Printed: 12/12/0813:51:45 '"' .,,'"'"'''' .'NN"~~ Period 01 - 11 Fiscal Year 2008 - 2008 2008 2008 2008 Description Budget Y-T-D Variance LIBRARY FUND Revenue CHARGES FOR SERVICES 35,000,00 31,724.24 3,275.76 MISCELLANEOUS 37,000,00 25,209,14 11,790.86 OTHER FINANCING SOURCES 1,110,325,00 942,402,09 167,922,91 1,182,325.00 999,335.47 182,989.53 Revenue 1,182,325.00 999,335.47 182,989.53 Expense LIBRARY OPERATIONS PERSONNEL SERVICES 731,166,00 628,410,16 102,755,84 SUPPLIES 104,640,00 68,753.42 35,886.58 SERVICES AND CHARGES 58,556,00 44,869,64 13,686.36 MISCELLANEOUS 2,750,00 1,855.18 894,82 CAPITAL OUTLAY 65,250,00 8,545.12 56,704,88 DEPRECIATION 0.00 0,00 0.00 LIBRARY OPERATIONS 962,362.00 752,433.52 209,928.48 LIBRARY PLANT PERSONNEL SERVICES 94,775.00 78,798.72 15,976.28 SUPPLIES 11,800,00 5,503,79 6,296,21 SERVICES AND CHARGES 94,388.00 75,050,97 19,337,03 MISCELLANEOUS 2,000,00 2,196.99 -196,99 CAPITAL OUTLAY 17,000,00 17,871.21 -871.21 LIBRARY PLANT 219,963.00 179,421.68 40,541.32 Expense 1,182,325.00 931,855.20 250,469.80 Revenue Total 1,182,325.00 999,335.47 182,989.53 Expense Total 1,182,325.00 931,855.20 250,469.80 Grand Total 0.00 67,480.27 -67,480.27 1 General Ledger ~illwater Monthly Report User: SharonH '~-- ~ Printed: 12/12/08 13:47:37 '" ;-" "' "' "" " ., N " ".. .. ~ Period 01 - II Fiscal Year 2008 - 2008 2008 2008 2008 Description Budget Y-T-D Variance PARKS FUND Revenue LICENSES AND PERMITS 1,500,00 1,110,85 389,15 INTERGOVERNMENTAL 0,00 0,00 0,00 CHARGES FOR SERVICES 12,000,00 13,036,63 -1,036.63 MISCELLANEOUS 16,000,00 31,967,85 -15,967,85 OTHER FINANCING SOURCES 920,245,00 658,299.59 261,945.41 949,745.00 704,414.92 245,330.08 Revenue 949,745.00 704,414.92 245,330.08 Expense PARK PERSONNEL SERVICES 527,510,00 451,545.56 75,964,44 SUPPLIES 61,000.00 65,836,06 -4,836.06 SERVICES AND CHARGES 148,935,00 80,771.73 68,163,27 MISCELLANEOUS 10,200,00 1,859.67 8,340.33 CAPITAL OUTLAY 202,100,00 144,694,94 57,405.06 DEPRECIATION 0,00 0,00 0,00 OTHER FINANCING USES 0,00 0,00 0,00 PARK 949,745.00 744,707.96 205,037.04 Expense 949,745.00 744,707.96 205,037.04 Revenue Total 949,745.00 704,414.92 245,330.08 Expense Total 949,745.00 744,707.96 205,037.04 Grand Total 0.00 -40,293.04 40,293.04 1 General Ledger <Sit Iwate~) Monthly Report User: SharonH Printed: 12/12/08 13:51 :58 Period 01 - 11 THE BIRTHPLACE OF MINNESOT" ~ Fiscal Year 2008 - 2008 2008 2008 2008 Description Budget Y-T-D Variance WASH CO RECYCLING Revenue INTERGOVERNMENTAL 33,378,00 34,050,00 -672,00 MISCELLANEOUS 0,00 0,00 0,00 33,378.00 34,050.00 -672.00 Revenue 33,378.00 34,050.00 -672.00 Expense WACO RECYCLING PERSONNEL SERVICES 0,00 0,00 0,00 SERVICES AND CHARGES 11,000,00 1,111.91 9,888.09 MISCELLANEOUS 22,378,00 12,192,06 10,185,94 WACO RECYCLING 33,378.00 13,303.97 20,074.03 Expense 33,378.00 13,303.97 20,074.03 Revenue Total 33,378.00 34,050.00 -672.00 Expense Total 33,378.00 13,303.97 20,074.03 Grand Total 0.00 20,746.03 -20,746.03 1 General Ledger ~illwate~ Monthly Report User: SharonH Printed: 12/12/08 13:48:14 THE I'"TH'LACE OF MINNESOTA ~ Period 01 - 11 Fiscal Year 2008 - 2008 2008 2008 2008 Description Budget Y-T-D Variance DARE FUND Revenue MISCELLANEOUS 500.00 0,00 500,00 OTHER FINANCING SOURCES 2,500,00 2,291.63 208.37 3,000.00 2,291.63 708.37 Revenue 3,000.00 2,291.63 708.37 Expense DARE SUPPLIES 3,000.00 831.21 2,168.79 DARE 3,000.00 831.21 2,168.79 Expense 3,000.00 831.21 2,168.79 Revenue Total 3,000.00 2,291.63 708.37 Expense Total 3,000.00 831.21 2,168.79 Grand Total 0.00 1,460.42 -1,460.42 1 General Ledger ~iIlwate~ Monthly Report User: SharonH Printed: 12/12/08 13:48:30 Period 01 - II THE IllITHPl.o.CE OF MINNESOT.o. ~ Fiscal Year 2008 - 2008 2008 2008 2008 Description Budget Y-T-D Variance SEWER FUND Revenue TAXES 0,00 0.00 0,00 SPECIAL ASSESSMENTS 0,00 0,00 0,00 CHARGES FOR SERVICES 2,134,000,00 2,186,958,67 -52,958,67 MISCELLANEOUS 101,000,00 41,345.43 59,654.57 OTHER FINANCING SOURCES 0,00 0,00 0,00 2,235,000.00 2,228,304.10 6,695.90 Revenue 2,235,000.00 2,228,304.10 6,695.90 Expense SEWER PERSONNEL SERVICES 317,218,00 277,323,74 39,894,26 SUPPLIES 25,000,00 26,965,86 -1,965,86 SERVICES AND CHARGES 1,699,123,00 1,564,194.17 134,928,83 MISCELLANEOUS 2,000,00 5,914,68 -3,914,68 CAPITAL OUTLAY 738,500,00 71,080,94 667,419,06 DEPRECIATION 264,000.00 0,00 264,000.00 OTHER FINANCING USES 40,000,00 0,00 40,000,00 SEWER 3,085,841.00 1,945,479.39 1,140,361.61 III SUPPLIES 10,000,00 7,462,24 2,537.76 SERVICES AND CHARGES 31,500,00 58,596,18 -27,096.18 CAPITAL OUTLAY 0,00 25,909.32 -25,909,32 III 41,500.00 91,967.74 -50,467.74 Expense 3,127,341.00 2,037,447.13 1,089,893.87 Revenue Total 2,235,000.00 2,228,304.10 6,695.90 Expense Total 3,127,341.00 2,037,447.13 1,089,893.87 Grand Total -892,341.00 190,856.97 -1,083,197.97 1 General Ledger QJillwater Monthly Report User: SharonH ---~ ~ Printed: 12/12/08 13:48:47 '"' ""'""".,, """,,,.. .~ Period 01 - 11 Fiscal Year 2008 - 2008 2008 2008 2008 Description Budget Y-T-D Variance STORM SEWER FUND Revenue SPECIAL ASSESSMENTS 0.00 0.00 0.00 CHARGES FOR SERVICES 485,904.00 486,292.00 -388.00 MISCELLANEOUS 32,000.00 9,755.88 22,244.12 517,904.00 496,047.88 21,856.12 Revenue 517,904.00 496,047.88 21,856.12 Expense MISCELLANEOUS PERSONNEL SERVICES 216,407.00 190,867.72 25,539.28 SUPPLIES 3,000.00 6,601.69 -3,601.69 SERVICES AND CHARGES 128,503.00 88,499.76 40,003.24 MISCELLANEOUS 33,561.00 33,930.72 -369.72 CAPITAL OUTLAY 0.00 0.00 0.00 DEBT SERVICE 0.00 0.00 0.00 DEPRECIATION 1,600.00 0.00 1,600.00 OTHER FINANCING USES 150,000.00 0.00 150,000.00 MISCELLANEOUS 533,071.00 319,899.89 213,171.11 OPEN PERSONNEL SERVICES 0.00 0.00 0.00 SERVICES AND CHARGES 0.00 0.00 0.00 OPEN 0.00 0.00 0.00 Expense 533,071.00 319,899.89 213,171.11 Revenue Total 517,904.00 496,047.88 21,856.12 Expense Total 533,071.00 319,899.89 213,171.11 Grand Total -15,167.00 176,147.99 -191,314.99 1 General Ledger ~iIlwate~ Monthly Report User: SharonH '" ;-;-,. '""'" " """" ~':l Printed: 12/12/0813:49:11 Period 01 - 11 Fiscal Year 2008 - 2008 2008 2008 2008 Description Budget Y-T-D Variance SIGNS & LIGHTING FUND Revenue CHARGES FOR SERVICES 370,000.00 370,620.00 -620.00 MISCELLANEOUS 0.00 0.00 0.00 370,000.00 370,620.00 -620.00 Revenue 370,000.00 370,620.00 -620.00 Expense SIGNS & LIGHTING PERSONNEL SERVICES 90,225.00 81,148.54 9,076.46 SUPPLIES 18,800.00 15,525.06 3,274.94 SERVICES AND CHARGES 231,742.00 208,742.21 22,999.79 MISCELLANEOUS 500.00 0.00 500.00 CAPITAL OUTLAY 2,500.00 0.00 2,500.00 DEPRECIATION 300.00 0.00 300.00 OTHER FINANCING USES 28,433.00 0.00 28,433.00 SIGNS & LIGHTING 372,500.00 305,415.81 67,084.19 Expense 372,500.00 305,415.81 67,084.19 Revenue Total 370,000.00 370,620.00 -620.00 Expense Total 372,500.00 305,415.81 67,084.19 Grand Total -2,500.00 65,204.19 -67,704.19 1 General Ledger ~iIlwate~ Monthly Report User: SharonH Printed: 12/12/08 13:49:32 Period 01 - 11 THE BllITHl'lACE OF MINNESOTA ~ Fiscal Year 2008 - 2008 2008 2008 2008 Description Budget Y-T-D Variance PARKING FUND Revenue LICENSES AND PERMITS 40,000.00 30,635.00 9,365.00 CHARGES FOR SERVICES 143,000.00 116,384.70 26,615.30 FINES AND FORFEITS 85,000.00 25,155.70 59,844.30 MISCELLANEOUS 16,000.00 974.03 15,025.97 284,000.00 173,149.43 110,850.57 Revenue 284,000.00 173,149.43 110,850.57 Expense PARKING PERSONNEL SERVICES 103,157.00 88,764.27 14,392.73 SUPPLIES 15,200.00 3,410.70 11,789.30 SERVICES AND CHARGES 46,872.00 49,046.72 -2,174.72 MISCELLANEOUS 1,000.00 7,872.89 -6,872.89 CAPITAL OUTLAY 28,000.00 44,969.63 -16,969.63 DEBT SERVICE 0.00 0.00 0.00 DEPRECIATION 30,000.00 0.00 30,000.00 OTHER FINANCING USES 0.00 0.00 0.00 PARKING 224,229.00 194,064.21 30,164.79 RIVERVIEW PARKING LOT -3RD ST SERVICES AND CHARGES 17,388.00 13,041.00 4,347.00 RIVERVIEW PARKING LOT-3RD ST 17 ,388.00 13,041.00 4,347.00 Expense 241,617.00 207,105.21 34,511. 79 Revenue Total 284,000.00 173,149.43 110,850.57 Expense Total 241,617.00 207,105.21 34,511.79 Grand Total 42,383.00 -33,955.78 76,338.78 1