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2009-01-06 CC Packet
THE OIOTH ►LACE Of MINNESOTA REVISED AGENDA CITY OF STILLWATER CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street January 6, 2008 REGULAR MEETING CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Approval of December 16, 2008 City Council OTHER BUSINESS OATH OF OFFICE FOR NEWLY ELECTED MEMBERS OF C IL ADJOURN CALL TO ORDER ROLL CALL 7:00 P.M. AGENDA RECOGNITION OF OUTGOING COUNCIL. _ S 1. Adoption and Presentation of Re 2. Adoption and Presentation of PETITIONS, INDIVIDUALS, DEL 1. St. Croix valley Comm Assessment - Jill Sha OPEN FORUM The Open Forum is the meeting a to staff rega STAFF R 1.Police Chi City Clerk 5. City Engineer /PWD 7. Finance Director Levy Limit Calculation 2 . ; `4. Community Dev. Dir. 6. City Attorney 8. City Administrator 7:00 P.M. utes. nding Adam Nyberg (Resolution — Roll Call) nding Wally Milbrandt (Resolution — Roll Call) MENDATIONS Introductions of Cultural & Historical Space Needs ck ouncil meeting to address Council on subjects which are not a part of e Co L fir' may take action or reply at the time of the statement or may give direction ation f the concerns expressed. CONS DA* (Roll Call) 1. Re tion 2009 -01, directing payment of bills 2. Re olution 2009 -02, accepting work and ordering final payment for Boutwell Road Phase 3 Project (Project 2005 -05B) 3. Resolution 2009 -03, accepting work and ordering final payment for 2007 Street Improvement Project (Project 2007 -02) 4. Resolution 2009 -04, approval of arbitrage compliance - engagement letter 5. Resolution 2009 -05, designation of depositories for 2009 6. Possible approval of utility billing adjustments PUBLIC HEARINGS 1. This is the date and time for a public hearing to 2009 to consider the transfer of a Wine & Strong Beer liquor license from Bricco di Vino, Inc.; DBA: Cesare's Wine Bar to Domacin LLC, DBA: Domacin Wine Bar located at 102 S. 2nd Street, Richard Hoch, applicant. Notice was published in the Stillwater Gazette on December 22, 2008. (Resolution — Roll CaII) UNFINISHED BUSINESS 1. Possible 2nd reading of Ordinance 1003, an ordinance amending the Stillwater City Co. ection 31- 300, entitled district boundaries & Ordinance 1004, an ordinance amending the Stillwate ode Chapter 31, entitled Zoning Ordinance by adding "Senior Care Living Facility" in the Lake Residential Zoning District as a Specially Permitted Use and approval of the D , nt •ree went (Ordinances & Resolution — Roll Call) NEW BUSINESS 1. Designation of Vice Mayor (Resolution — Roll Call) 2. Designation of Council representatives for Boards /Commissions 3. Discussion Interim parking plan — Chestnut Building Parking L 4. Possible approval of resolution providing for the competitive Obligation Capital Outlay Bonds, Series 2009A (Resoluti 5. Designation of legal newspaper for 2009 (Resolution — 6. Possible approval to purchase handguns — Police Dep 7. Possible approval to purchase squad cars — Police Dep 8. Possible appointment to Human Rights Com •e sion s Committees ion -Roll Call) 1,445,000 General PETITIONS, INDIVIDUALS, DELEGATIONS & COMME COMMUNICATIONS /REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed under the cons enacted by one motion. T citizen so requests, in whi separately. on — Roll Call) (continued) sidered to be routine by the City Council and will be rate discussion on these items unless a Council Member or will be removed from the consent agenda and considered LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2009 -01 1ST Line /Leewes Ventures LLC Al's Coffee Company AMEM American Payment Centers American Reliable Ins Co. Aramark Uniform Services Archetype Signmakers Bettendorf Abstracting Bonestroo Bound Tree Medical LLC. CARQUEST Auto Parts CATCO Parts and Service Century Power Equipment Cities Digital Solutions Clarey's Safety Equipment Clark, Luann Coca -Cola Bottling Company Cole Papers Consolidated Welding Supply Corporate Mechanical Cub Foods Dell Marketing L.P. Denny Hecker Auto Connection Enterprise Products Operating Environmental Systems Inc. Fastenal Company Frank Madden & Associates Fred's Tire Company Fuhr Trenching Fury Dodge Chrysler GCR Minneapolis Truck Tire Center Grainger Greatland Corporation Hansen, Steve Harris, Service Ice Skating Institute Iceman Industries, Inc. Infratech, Inc. J.H. Larson Electric Jansen, Chad Jefferson Fire & Safety, Inc. Lennar of Minnesota LogoStitch, Ltd. LSA Design, Inc. Concession Supplies Coffee and Supplies for Concessions 2009 Membership Dues Payment Box Service Flood Insurance Towels, Mops, Uniform Cleaning Cabinets with BREMER Logo /Locker -room Signs Professional Services Professional Services Latex gloves Equipment Repair Supplies Equipment Repair Supplies Blade, Bolt, Lock Nut Scanner Fire Extinguisher Inspection /Recharge Cleaning At Public Works Soda for Concessions Janitorial Supplies Welding Supplies Heating Repairs Food For Concessions Laptop 5000 Mile Service Propane ArcVeiw Concurrent Use Primary Maintenance Handles, Lock Washers Professional Services Through 11/30 Tire Repair Storm Water Pond Maintenance Squad Repairs Tire repair Equipment Repair Supplies 1099 Misc. & Envelopes Tuition Reimbursement Chiller Repair Show Endorsement Road Salt Additive Sewer Camera Including Monitor, Keyboard Lamps and Ballast School Tuition Reimbursement Bunker gear Grading Escrow Refunds Jr. Team Jackets /Rec Center Stillwater Parking Ramp 918.85 2,355.75 100.00 81.00 7,866.00 493.91 2,386.67 100.00 11,100.00 405.13 792.37 129.83 44.49 6,082.00 67.09 285.00 1,372.75 902.51 37.03 541.00 327.92 4,071.51 75.82 10,218.80 2,343.00 34.88 255.55 20.73 9,920.00 281.40 315.96 279.40 134.11 1,340.00 288.00 25.00 4,303.13 4,234.90 86.78 708.33 8,992.90 36,500.00 2,180.00 27,620.55 EXHIBIT " A" TO RESOLUTION #2009 -01 Page 2 Magnuson Law Firm M J Raleigh Truck Co. M.E.M.A. Menards Metro Fire Metro Fire Officers Assoc. Mitchell Hanson Electric, Inc. MN Dept of Labor & Industry MN Ice Arena Managers MN Office Of Enterprise Technologies MN State Fire Chiefs Assn NEXTEL Communications Office Depot Otis Elevator Company Paramount Sk8s, Inc. Performance Plus Professional Wireless Communications Quill Corporation Reliable Office Supplies Riedel) Shoes, Inc. Sand Creek Group LTD Short Elliott Hendrickson Inc. Specialty Contracting St. Croix Boat & Packet Co. St. Croix Recreation Co. Stillwater Gazette Stillwater & Oak Park Heights CVB Sun Newspapers Toll Gas & Welding Supply Tri State Bobcat, Inc. Twin City Saw Co. Unique Paving Materials, Inc. University of MN Soil Testing Laboratory UPS USA Mobility Wireless, Inc. Valley Trophy Inc. Washington County Recorder Winnick Supply Yocum Oil Company Zep Sales & Service Ziegler Cat Professional Services Final Pmt for 2007 Street & Boutwell /Pond Excavation 2008 Membership Dues Tube Guard Equipment Repair Supplies 2009 Membership Dues Repair Pump at Lily Lake Lift Station Plan Review Fee 2009 Membership Dues Wide Area Network Usage 2009 Membership, Glaser, Ballis, Linhoff Cell Phones Office Supplies Elevator Maintenance Agreement Skates for Resale SCBA fit testing Quarterly Maintenance Contract Office Supplies Office Supplies Skates for Resale Employee Assistance Program General Transportation Services Resurfacing Overhead Door November 2008 Arena Billing Trash Can Tops for Downtown Publications Remainder of 3rd Quarter Lodging Tax Publications Welding Supplies Equipment Repair Supplies Equipment Repair Supplies Winter Mix Asphalt Soil Testing Legends & Millbrook Parks Shipping Pager Service Name Plates Recording Fees Election Supplies Fuel Zep Flash Equipment Repair 13,410.83 100,577.79 30.00 129.62 308.34 200.00 191.50 7,742.48 165.00 140.83 225.00 343.71 1,069.94 5,008.96 154.50 2,486.00 1,241.89 568.34 193.79 569.43 2,205.00 3,992.31 1,400.00 50,876.32 4,866.03 180.63 855.17 48.60 26.91 191.68 14.86 231.11 80.00 14.08 10.64 14.38 472.00 108.19 5,837.51 80.10 174.82 EXHIBIT " A" TO RESOLUTION #2009 -01 Page 3 LIBRARY American Library Association Baker & Taylor Baker & Taylor , Inc. BBC Audiobooks America Blocher, Carolyn CDW Government, Inc. Comcast CVS Dell Marketing L.P. Ebsco G & K Services Linner Electric Co. Menards MN Office Of Enterprise Technologies NADA Office Depot Credit Plan Office Max Random House, Inc. Recorded Books, LLC Roen, Sonya Stillwater Area High School Stringer Business Systems Value Line Van Paper Company Washington County Historical Society Washington County Library Xcel Energy MANUALS DECEMBER 2008 Mainstream Development Washington County License Center SW /WC Service Cooperatives ADDENDUM Ace Hardware Alexis Fire Equipment Board of Water Commissioners CARQUEST Clark, Luann Delta Dental 2009 Membership Books Audio /Books /Film /Video Audio. Books Various Supplies Computer Equipment Telecommunications 2009 Membership Computers Magazines /Books Towels &# Rugs Electrical Repairs & Install Janitorial Supplies Telephone Reference Guide Office Supplies Supplies Audio Audio Books Professional Services Yearbook Maintenance Reference Guide Janitorial Supplies Adult Books Telecommunications Electricity 2nd Half TIF #1 Collections Title, Registration for Public Works Van January 2009 Retiree /Cobra Health Insurance Equipment Repair Supplies Equipment Repair Supplies December 2008 WAC /Meter Charges Equipment Repair Supplies Cleaning at City Hall January 2009 Dental Cobra 180.00 25.65 4,165.11 2,400.00 76.91 43.65 110.25 25.00 14,875.71 7,239.38 196.40 1,355.70 9.44 296.84 90.00 924.08 34.97 5,659.00 2,100.00 33.56 85.00 27.33 898.00 531.25 80.00 1,530.00 6,664.70 18,272.85 2,106.80 36,583.47 75.19 14.93 2,574.00 13.81 867.50 313.80 EXHIBIT " A" TO RESOLUTION #2009 -01 Page 4 FBI - LEEDA Greenman Technologies of MN International Society of Arboriculture League of MN Cities League of MN Cities Lennar of Minnesota Metropolitan Council Middle St. Croix Watershed MN Chiefs of Police Assoc. MN Crime Prevention Association MN Recreation and Park Association MNGFOA Qwest Schuster C. St. Croix Harley Davidson State Treasure's Office Stillwater Lions Club Summit Fire Protection Urban Forestry Institute USAble Term Life Insurance Verizon Wireless Washington County Treasure's Office Xcel Energy Adopted by the City Council this 6th Day of January, 2009 2009 Membership Dues Tire Recycling Certification Fee Municipality Insurance /RNC Home Insurance Worker's Compensation Grading Escrow Refund December 2008 SAC Charges 1/2 2009 Budget 2009 Membership Dues 2009 Membership Dues 2009 Membership Dues 2009 Dues Telephone/T1 Lines Utility Billing Supplies Repairs to Police Motorcycle Forfeiture Monies Quarterly Dues Annual Fire Sprinkler Inspection Certification Training January Term Life Insurance Cell Phone /Air Card Service Forfeiture Monies Electricity & Natural Gas TOTAL 100.00 159.83 250.00 896.00 2,014.67 3,000.00 7,227.00 15,819.39 215.00 45.00 60.00 60.00 631.16 2,307.83 1,423.35 1,119.57 100.00 500.00 65.00 435.12 4,794.09 2,239.15 22,381.44 533,382.22 CITY OF STILLWATER MEMORANDUM TO: Mayor & City Council FROM: Sharon Harrison, Finance Director DATE: January 6, 2009 SUBJECT: Utility Billing Adjustments Description 1 Malfunction Water Softner 2 Leaking Toilet Recommendation Adjust 3rd and 4th qtr 2008 bills from 88,000 gallons to 56,000 gallons and Adjust Winter Avg for 1st qtr 2009 to 56,000 gallons Adjust 3rd & 4th Qtr 2008 from 12,000 gallons to 4,000 gallons and Adjust Winter Avg for 1st qtr 09 to 4,000 gallons CITY OF STILLWATER APPLICATION FOR PAYMENT Jpf'f PROJECT: 2007 Street Improvement Project JOB NO.: 2007 -02 Contractor: M.J. Raleigh Trucking, Inc. PO Box 261 Stillwater, MN 55082 APPLICATION NUMBER: 6 -FINAL Telephone: 651- 439 -1488 Fax: 651 -439 -1488 Period Ending: December 15, 2008 Application Date: December 15, 2008 Contract Amount: Material Suitably Stored on Site not Incorporated to Work Additions, Deletions Revised Contract Amount: Gross Amount Earned: Less 0% Retainage Less Liquidated Damages Less Previous Payments $ 961,103.05 $930,748.19 $ 881,608.39 $881,608.39 $ 961,103.05 AMOUNT DUE THIS APPLICATION: $30,354.86 CONTRACTOR'S AFFIDAVIT The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress payments received from the Owner on account of work performed under the contract refereed to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with work covered by prior Applications for Payment under said contract, and (2) all materials and equipment incorporated in said project or otherwise listed in or covered by this application for payment are free of all liens, claims, security interests and encumbrances. Dated: M.J. Raleigh Trucking, Inc. actor) ignature) elAael S 144 C i0) (Name, Title - l se Print) In accordance with the Contract, the undersigned approves payment to the Contractor of the Amount Due. DATE: 1.--/c7-/o By: Torry aftson, Assistant City Engineer Application forwarded to Finance Department on a -/2 for submittal to Council for payment at their meeting on / --x-09 2007 Street Improvements Contract Quantities Project 2007 -02 :.:Iterii:.:: : ::::::::::: :::::::::::::::::::::::::...... :::::::::.:::::::.::::::: ::::....::::::::::: ........... ........ . ...... :::::: :.:.:: ... ' • Con'traot�:? :. o:D ....:•:• :.T ate....•.... •: . ,1:Iuif::::::: ::::::: Rio ::::::::::::::::::::::::::tem • ;:::::::::::::::::::::::::: ::::::::::::::::::::::::::::::: 33tiit ::: Qiiant`ity :: :: Quatitifa+::::::: P.e ... .....�►mou�t:: • 1 Mobilization LS 1 1.50 $ 22,500.00 .: $ 33,750.00_ 2 Traffic Control LS 1 1.00 $ 3,800.00 ;: $ 3,800.00 3 MPCA, SWPPP Permit Fee LS 1 1.00 $ 400.00 $ 400.00- 4 Remove Bituminous Pavement SY 22,897 22897.00 $ 0.85 : $ 19,462.45 5 Remove Existing Curb and gutter LF 1420 4600.00 $ 1.80 _ $ 8,280.00 6 Remove Existing Storm Sewer Structure EA 2 2.00 $ 225.00 :: $ 450.00_ 7 Remove Existing Storm Sewer Pipe LF 16 16.00 $ 14.00 :: $ 224.00 8 Geotextile Fabric Type V SY 4,579 $ 1.70 :i $ _ - 9 Clear and Grub Trees tAll Sizes) EA 27 80.00 $ 125.00 :: $ 10,000.00 10 Clear and Grub Trees (All Sizes) (Sta. 41 +00 -47 +00 Left) ACRES 0.60 0.60 $ 3,200.00 $ 1,920.00 11 Sawcut Bituminous LF 400 670.00 $ 2.00 :: $ 1,340.00 12 Common Excavation CY 12,720 12984.00 $ 4.20 :: $ 54,532.80 13 Subgrade Excavation (EV) CY 3,053 2522.00 $ 4.20 $ 10,592.40 14 Subgrade Backfill (CV) CY 3,359 2522.00 $ 7.00 $ 17,654.00_ 15 Subgrade Preparation RD STA 71 71.00 $ 95.00 :: $ 6,745.00 16 Select Granular Borrow(CV) CY 7,632 8640.00 $ 7.00 :: $ 60,480.00 17 Class 5 Aggregate (100% crushed) TON 8,825 8974.66 $ 7.00 :: $ 62,822.62_ 18 Wear Course Mixture MVWE35035B TON 2,204 2206.09 $ 46.75 :: $ 103,134.71 19 Bituminous Materail for Tack Coat GAL 1,603 887.00 $ 1.40 $ 1,241.80 20 . Base Course Mixture MVNW35035B TON 3,673 3110.04 $ 44.80 _ :: $ 139,329.79 21 D418 Curb and Gutter LF 2,970 6577.00 $ 9.00 $ 59,193.00 22 12" RC Pipe Sewer Design 3006 CLV (All depths - Includes FES) LF 28 108.00 $ 24.00 :: $ 2,592.00. 23 15" HDPE Dual Wall (A1l depths)(Includes FES) LF 403 390.00 $ 21.00 ;: $ . 8,190.00 24 18" HDPE Dual Wall ( All depths)(Includes FES) LF 50 '59.00 $ 22.50 $ 1,327.50 25 15 " HDPE Dual Wall FES EA 2 . 2.00 $ 125.00 $ 250.00 26 18" HDPE Dual Wall FES EA 1 1.00 $ 125.00 $ 125.00 27 PVC Clean Out (I - 5 Feet Deep) EA 2 ' 2.00 $ 200:00 :: $ 400.00, 28 Class III Rip Rap CY 50 45.36 ' $ 60.00 :: $ 2,721.60 . 29 Class I Rip Rap CY. 15 35.04 $ 60.00 :: $ 2,102.40 30 . Construct 2' X 3' Catch Basin Over Existing Pipe EA 1 11.00 .$ 1,600.00 $ 17,600.00_ :: $ 1,250.00_ 31 2' X 3' Catch Basin (All Depths) EA 2 1.00 $ .1,250.00 32 48" Diameter CBMH (All Depths) EA 4 5.00 $ 1,700.00 :: $ 8,500.00 33 27" Diameter Catch Basin (All Depths) EA 1 2.00 $ 1,250.00 :: $ 2,500.00 34 Rehabilitate Storm Sewer Structure EA 9 10.00 $ 600.00 ;: $ 6,000.00 35 Adjust Catch Basin EA 32 33.00 $ 220.00 $ 7,260.00 36 F +I Catch Basin Castings EA 26 39.00 $ 465.00 :: $ 18,135.00 37 F+ I External Seal EA 76 77.00 $ 200.00 :: $ 15,400.00 38 Curb Inlet Protection Type A EA 16 17.00 $ 175.00 :: $ 2,975.00 39 Curb inlet Protection Type B EA 16 16.00 $ 225.00 :: $ 3,600.00 40 Silt Fence Heavy Duty LF 2,400 1800.00 $ 2.05 µ $ 3,690.00 41 Erosion Control Bioroll LF 100 120.00 $ 4.50 $ 540.00 42 Adjust Manhole EA 44 45.00 $ 220.00 $ 9,900.00_ 43 Adjust Gate Valve EA 31 32.00 $ 100.00 $ 3,200.00 44 Common Excavation Rain Garden (EV) CY 800 764.00 $ 4.50 :: $ 3,438.00 45 Granular / Compost Backfill Rain Garden (LV) CY 280 350.00 $ 8.00 :: $ 2,800.00 46 6" Draintile w/ Sock Rain Garden LF 450 1025.00 $ 3.75 $ 3,843.75 47 Hardwood Mulch Rain Garden SY 1,000 1000.00 $ 2.40 : $ 2,400.00 48 Street Sweeping HR 20 29.50 $ 80.00 :: $ 2,360.00 49 Repair damaged Sprinkler System EA 35 76.00 $ 80.00 :: $ 6,080.00 50 Repair Invisible Dog Fence EA 15 10.00 $ 65.00 $ 650.00 51 Temporary Seed and Mulch ACRES 0.75 0.75 $ 950.00 $ 712.50 52 Common Laborer HR 50 83.00 $ 52.00 $ 4,316.00 53 1 C.Y. Backhoe HR 30 36.00 $ 65.00 $ 2,340.00 54 3 C.Y. Front End Loader HR 30 30.25 $ 70.00 :: $ 2,117.50 $ 5,700.00 55 10 C.Y. Dump Truck HR 30 95.00 $ 60.00 :: 56 Linear Markings 4" Width Epoxy Double Solid Yellow Line LF 4,800 725.00 $ 0.40 $ 290.00 57 Cross Walk Zebra Epoxy SF 288 _ $ 3.88 $ - 1 of 2 12/17/2008 2007 Street Improvements Contract Quantities Project 2007 -02 :: :iterii::: ::: : •:' :::: :::::::...:::.....: : :::::: : ::::: :.: ::::::: 00# 40: :: : :: To :..::::::P10.::::::::: : • • • : • - :: :: :::: :: :: :: :::: :: :: . :- :::No :::::::: : : :::: :: :: Ren•:• :• : • ....... . • .: .• • •.: : ilnl ::::::: Qi10110:: ::::::Quatitit ::: :::::::: ::1110::::: :: :::::::Aiti * :::::: 58 Relocate Hydrant EA 1 $ 1,400.00 :: $ - 59 5" Concrete Sidewalk Design 3Y32 Type A Granite SY 1,820 2101.00 $ 25.65 :: $ 53,890.65 60 Aggregate Base for Sidewalk 4" De •th TON 449 531.75 $ 7.70 :: $ 4,094.48_ 61 Pedestrian Ramps EA 8 14.00 $ 450.00 :: $ 6 300.00 62 Wear Course Mixture LVWE35030B (Trail) TON 220 331.42 $ 72.00 : $ 23,862.24 63 Aggregate Base 6" Depth (Trail) TON 662 1206.16 $ 7.75 :: $ 9,347.74 64 Common Excavation (Trail and Sidewalk) CY 884 996.00 $ 6.30 :: $ 6,274.80_ 65 Common Excavation (Driveways) CY 145 250.00 $ 6.30 :: $ 1,575.00 66 Lawn Sod SY 5,500 4039.00 $ 2.60 :: $ 10,501.40 67 Topsoil Borrow (CV) CY 475 580.00 $ 9.90 :. $ 5,742.00 68 Sawcut Concrete (Driveways) LF 300 360.00 $ 2.50 Y $ 900.00_ :: $ 1,310.00 69 Sawcut Bituminous (Driveways) LF 550 655.00 $ 2.00 70 Aggregate Base (Driveways) TON 300 148.55 $ 7.75 :: $ 1,151.26 71 5" Concrete Driveway Design 3Y32 Type A (Granite) SY 550 606.00 $ 23.85 :: $ 14,453.10 72 Wear Course Mixture LVWE35030B (Driveways) TON 75 55.31 $ 60.00 ;: $ 3,318.60_ 73 Retaining Wall SF 3,000 2625.00 $ 20.50 $ 53,812.50 74 Seeding (41 +00 -55 +00 Left) ACRES 1.00 1.00 $ 250.00 :: $ 250.00 75 _ Seed Mix 350 LBS 84 100.00 $ 4.50 :: $ 450.00 70 • Hydraulic Soil Stabilizer Type 5 . LBS. _ 750 $ - 0.95 :: $ - 77 Wood.Fiber Blanket SY 500. ,. 4725.00 $ 2.50 :: $ .11,812.50 78 Remove Existing Concrete Driveway SY 550 206.56 $ 3.50: $ 722.96 79. Remove Existing. Bituminous Driveway SY 600 225.00 $ 3.00 :: $ 675.00 GRAND TOTAL (BASIS OF AWARD) :: $961,103.05 2 of 2 12/17/2008 Execution Draft: 12/30/08 DEVELOPMENT AGREEMENT RELATING TO THE SELECT SENIOR LIVING OF STILLWATER PROJECT BY AND BETWEEN THE CITY OF STILLWATER, 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 , 2009, 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, 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. • 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 Disability. 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 Litigation. 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. 2.05 Legal Entity. The Developer warrants that the legal entity that will hold title to Lot 1, Block 1, of the property will not be an entity that is exempt from the payment of real estate taxes, and that if the then owner converts the parcel to an ownership entity that is exempt from the payment of real estate taxes, that the then owner will pay to the City annual payments in lieu of taxes in an amount not to exceed the amount of real estate taxes which the City would have levied against the parcel had it remained under the ownership of a non - exempt organization. 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 Section 5 of this Agreement for the costs associated with completion of the work referred in this Section. 1 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 Section 5 of this Agreement for the costs associated with completion of the work referred in this Section. SECTION 5. SECURITY. 5.01 Consultant Fees and Charges. 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 Section 5 of this Agreement for the amount of the delinquent payment. 5.02 Payment of Connection, Area and Hook —up Charges. Developer must pay to the City before releasing the final plat for recording the following charges: (A) Lot 1, Block 1: Area Charges Unit (Ac.) Rate Total 1) Trunk sanitary sewer and water 5.665 Ac. $10,971 /acre $62,150.72 2) Trout stream mitigation charge $17,414 /acre $98,650.31 3) Transportation adequacy charge $14,820 /acre $83,955.53 Total Area Charges $244,756.56 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 Connection Charges Unit Rate Total City sewer connection City WAC To Be Determined by Met Council Analysis Total Connection Charges $23,375.002 Park and Trail Charges Unit Rate Total Park dedication payment in lieu of land $26,250.00 Trail dedication payment in lieu of improvements $23,375.002 Total Park and Trail Charges $49,625.00 (B) Lot 1, 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 §5.01. 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. 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, Changes. 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 (B) 2 Costs of public trail construction, as verified by the City Engineer, shall be credited against this $23,375 charge. 4 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. 6.04 Indemnity. 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 During 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 Regulations. 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. 5 (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 Grading 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 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 Section 5. 7.05 Damage 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 Landscaping. 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 the maximum liability limit for municipalities as established by Minn. Stat. §466.04, in effect at the time of an occurrence, for each occurrence (to accomplish the above — required limits, 6 (B) 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. 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 the maximum liability limit for municipalities as established by Minn. Stat. §466.04, in effect at the time of an occurrence, 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. 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 by City; Damages. 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, any one 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. 7 10.02 Remedies on Default. Whenever any Event of Default occurs, following any applicable cure periods, the City may take any one 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 Section 5. (C) Undertake to complete the Developer Improvements itself, through its agents or through independent contractors and before the undertaking, draw upon the Security described in Section 5 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: If to Developer: Larry D. Hansen, City Administrator City of Stillwater 216 North 4th Street Stillwater, MN 55082 Stillwater Select Properties, LLC 12415 - 55th Street North Lake Elmo, MN, 55042 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. 8 12.04 Law Governing. This Agreement shall be governed by and construed in accordance with the laws of the 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 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. ATTEST: Diane F. Ward, Its City Clerk 9 CITY OF STILLWATER Ken Harycki, Its Mayor DEVELOPER: STILLWATER SELECT PROPERTIES, LLC, a Minnesota limited liability company By: Its: STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON On this day of , 2009, 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. STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON Notary Public On this day o_ f , 2009, 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 EXHIBIT A 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 B PUBLIC IMPROVEMENTS The Developer must create a four- legged intersection with County Road 12 and Minar Avenue. 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 two turn lanes for the entrance to the site as required by the Washington County Highway Department. The turn lanes must be constructed according to a design approved by the Washington County Highway Department. The cost of these turn lanes, as verified by the City Engineer, shall be credited against the Transportation Impact Fee required by the City. The Developer must construct a pedestrian and bike trail as shown on the plans, and convey an easement to the 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 Avenue 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 C 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 D CERTIFICATE OF COMPLETION WHEREAS, the CITY OF STILLWATER, 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 , 2009, (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 , 2009. 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 , 2009, 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 emorand To: Mayor and City Council From: Diane Ward, City Clerk Date: 1/512009 Subject: Council Representative Appointments The following Boards /Commissions need a Council r JOINT CABLE COMMISSION (Voting Member), Current Representative — Councilmember PLANNING COMMISSION (Voting M PARKS BOARD (Voting Meer) HERITAGE PRESERVATION COMMISSION n-voting Member) Current Council epresen ncilmember Gag HUMAN RIGHTS COMMISSION (Non=voting Member) Current Coun ese �tative — Councilmember Polehna LUM RJACK D °. $ ADVISORY COMMITTEE — 2 Council Representatives K DAYS MUSIC COMMITTEE — 1 Council Representative MIDDL . T. CROIX WATERSHED MANAGEMENT - 1 Council Representative JOINT BO'D — 1 Council Representative ACTION REQUIRED: Council should pass a motion assigning Council representatives to Boards /Commissions /Committees listed above. 2009. Memorandum iiilwater Administration To: Mayor & City Council From: Diane Ward, City Clerk Date: 1/6/2009 Re: Human Rights Commission Appointments At the last meeting Council determined that the applicants for the Human Rights Commission would be interviewed by the Commission. Since that meeting, one of the applicants, Laura Lewis, has withdrawn her application for the commission due to conflict with the meeting day and time. Therefore, this leaves two terms to be filled. Councilmember Polehna has indicated that the remaining applicants should be appointed to the Commission. Jamie Wyman — Ward 3 Ann McLellan — Ward 3 ACTION REQUIRED Review applications and make appointments by adopting a resolution approving appointments to the Human Rights Commission. APPOINTMENT TO HUMAN RIGHTS COMMISSION NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, hereby appointed the following at their January 6, 2008 regular City Council meeting with their terms ending January 1, 2011. Jamie Wyman Ann McLellan Adopted by Council this 6th day of January, 2008 Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk REGULAR MEETING CALL TO ORDER ROLL CALL THE •IIIINPLACE OF MINNESOTA CITY OF STILLWATER CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street January 6, 2008 7:00 P.M. AGENDA 7:00 P.M. APPROVAL OF MINUTES - Approval of December 16, 2008 City Council regular meeting minutes. OTHER BUSINESS OATH OF OFFICE FOR NEWLY ELECTED MEMBERS OF COUNCIL ADJOURN CALL TO ORDER ROLL CALL RECOGNITION OF OUTGOING COUNCILMEMBERS 1. Adoption and Presentation of Resolution commending Wally Milbrandt and Adam Nyberg for their years of service as Councilmernbers (2 separate resolutions — Roll Call) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. St. Croix valley Community Foundation — Introductions of Cultural & Historical Space Needs Assessment — Jill Shannon & Jessica Pack OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. STAFF REPORTS 1.Police Chief 3. City Clerk 2.Fire Chief 4. Community Dev. Dir. 5. City Engineer/PWD 6. City Attorney 7. Finance Director 8. City Administrator CONSENT AGENDA* (Roll Call) 1. Resolution 2009-01, directing payment of bills 2. Resolution 2009-02, accepting work and ordering final payment for Boutwell Road Phase 3 Project (Project 2005-05B) 3. Resolution 2009-03, accepting work and ordering final payment for 2007 Street Improvement Project (Project 2007-02) 4. Resolution 2009-04, approval of arbitrage compliance - engagement letter 5. Resolution 2009-05, designation of depositories for 2009 PUBLIC HEARINGS 1. This is the date and time for a public hearing to 2009 to consider the transfer of a Wine & Strong Beer liquor license from Bricco di Vino, Inc.; DBA: Cesare's Wine Bar to Domacin LLC, DBA: Domacin Wine Bar located at 102 S. 2nd Street, Richard Hoch, applicant. Notice was published in the Stillwater Gazette on December 22, 2008. (Resolution — Roll Call) UNFINISHED BUSINESS 1. Possible 2nd reading of Ordinance 1003, an ordinance amending the Stillwater City Code Section 31- 300, entitled district boundaries & Ordinance 1004, an ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance by adding "Senior Care Living Facility" in the Lakeshore Residential Zoning District as a Specially Permitted Use and approval of the Development Agreement (Ordinances & Resolution — Roll Call) NEW BUSINESS 1. Designation of Vice Mayor (Resolution — Roll Call) 2. Designation of Council representatives for Boards /Commissions & Lumberjack Days Committees 3. Discussion Interim parking plan — Chestnut Building Parking Lease (Resolution -Roll Call) 4. Possible approval of resolution providing for the competitive negotiated sale of $1,445,000 General Obligation Capital Outlay Bonds, Series 2009A (Resolution - Roll Call) 5. Designation of legal newspaper for 2009 (Resolution — Roll Call) 6. Possible approval to purchase handguns - Police Department 7. Possible approval to purchase squad cars - Police Department PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS /REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items, will be removed from the consent agenda and considered separately. 2 ater THE NIETNFLACE OF MINNESOTA CITY COUNCIL MEETING December 16, 2008 REGULAR 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 MIS Specialist Holman City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Nyberg, seconded by Councilmember Polehna to approve the December 1, 2008, regular and recessed minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation: Stillwater Girls Swimming & Diving Team Mayor Harycki read a proclamation honoring the Stillwater Girls Swim and Dive Team as the 2008 Minnesota State High School League Class AA state champions and designating Dec. 17, 2008, as Stillwater Girls Swimming and Diving Team Day in the City of Stillwater. Mayor Harycki issued an appeal for the Stillwater Food Shelf. City Council Meeting December 16, 2008 OPEN FORUM Washington County Commissioner Gary Kriesel presented Councilmember Milbrandt with a Commissioner Service Award in appreciation of Mr. Milbrandt's eight years of public service on the Stillwater City Council. STAFF REPORTS Police Chief Gannaway provided an update on a traffic school in Madison, WI, he and Public Works Director Sanders attended. Chief Gannaway said the two -day seminar provided a lot of helpful information /ideas and that he and Mr. Sanders would report back later on possible ways to implement some of the ideas locally. Fire Chief Glaser explained why trucks are left running when.out doing inspections — to prevent equipment from freezing up during cold weather. Chief Glaser also updated the Council on a recent assist to the Hudson, WI, department in responding to a warehouse fire. Public Works Director Sanders updated the Council on the fuel consortium program. He noted that 50 percent of the City's fuel costs have been allotted to the program. He stated the fixed fuel price for unleaded fuel will be $1.50 a gallon, with the diesel price $2.01 a gallon in 2009. Finance Director Harrison gave an overview of the City's budget through November 2008, including revenues and expenditures. She noted that revenues will be very close to what was budgeted, with actual operating expenditures at about 86 percent of budget through November. She also reviewed the status of the special funds — the St. Croix Valley Recreation Center, the Library and Parks funds and enterprise funds. Regarding the sanitary sewer fund, Ms. Harrison suggested revenues /expenditures indicate a rate adjustment may be warranted sooner, rather than later. CONSENT AGENDA Mayor Harycki asked that item No. 6, approvals of work orders for the Manning Avenue Project be pulled for discussion. Motion by Councilmember Nyberg, seconded by Councilmember Milbrandt to approve the Consent Agenda minus item No. 6 for discussion. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None 1. Resolution 2008 -175, directing payment of bills 2. Resolution 2008 -176, approving agreement with LuAnn Clark for cleaning services 3. Resolution 2008 -177, approval of agreement with The Sand Creek Group, Ltd. Page 2 of 11 City Council Meeting December 16, 2008 4. Resolution 2008 -178. renewal of Towing License for 2009 5. Possible approval of Temporary Liquor License — Valley Chamber Chorale — February 13 -15, 2009 6. Resolution 2008 -179, approval of work orders for the Manning Avenue Project 7. Resolution 2008 -180, adopting delinquent sewer charges Project No. 0001 8. Resolution 2008 -181, adopting delinquent garbage bill charges Project No. 0002 9. Resolution 2008 -182, approving agreement with Hennepin Technical College Customized Training — Firefighter training Regarding item No. 6, Mayor Harycki questioned why the City is being charged to relocate hydrants when Manning Avenue is a County project and the City donated right - of -way. Public Works Director Sanders responded that it is County policy that it is the City's responsibility to relocate the water main. Mr. Sanders pointed out that the cost of installation and relocation of the water main would be paid by the Water Board — the City's responsibility is just for the hydrant relocation. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2008 -179, approval of work orders for the Manning Avenue Project. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None PUBLIC HEARINGS Case No. 08- 40.This is the date and time for a public hearing to consider a request from Washington County Public Works for a street vacation request for a 166 x 30 foot portion of Panama Avenue and a 82 x 60 foot portion of Hubert St in the AP, Agricultural Preservation District and any variances related thereto. Community Development Director Turnblad reviewed the request. He stated that this request stems from a desire by the County to clean up the boundaries of the Government Center campus. He noted there is an occupied dwelling on the portion of Panama Avenue in question, as well as sewer and water service running through the right -of -way area. He suggested it makes sense to approve the vacation request, but with two conditions — the provision of a public utilities easement and easement for access to the occupied home. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Councilmember Nyberg pointed out that the last time there was a requested street vacation involving public utilities the request was denied. Motion by Councilmember Gag, seconded by Councilmember Milbrandt to adopt Resolution 2008 -183, a resolution approving a street vacation for a Portion of Panama Avenue North and Hubert Street (Case No. 08 -40), with the two conditions of approval. Page 3 of 11 City Council Meeting December 16, 2008 Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Case No. 08-49. This is the date and time for a public hearing to consider a request from Stillwater Select Properties, Greg Johnson for final plat approval of Select Senior Living of Stillwater; approval of development agreement; first reading of a Zoning Ordinance text amendment to allow senior care living facilities in the LR, Lakeshore Residential zoning district by Special Use Permit; and minor comprehensive 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 andpublished in the Stillwater Gazette on November 28, 2008. Community Development Director Turnblad noted the preliminary plat was approved in September, as well as special use permit for the proposed facility in the Lakeshore District, zoning ordinance amendment allowing this type of use in a Shoreland Management District, and conceptual approval of rezoning to Lakeshore Residential. He reviewed four items that have come up as discussion points. Rezoning to Lakeshore Residential requires a Comprehensive Plan amendment and that is an issue that arises from the fact that Metropolitan Council is no longer accepting Comp Plan amendments from an entity that has not yet adopted its 2030 Comprehensive Plan, Mr. Turnblad noted. He pointed out that the City's 2030 Plan would not require an amendment; in the interim, however it is proposed that the land be rezoned to RB, a change that does not require a Comp Plan amendment, with an automatic mechanism that when the new Comp Plan amendment is adopted, the property will be zoned Lakeshore Residential, and an additional safeguard that this ordinance doesn't become effective until a building permit has been issued for this project. Mr. Turnblad reviewed measures taken to address a second issue related to trees. Mr. Turnblad also reviewed proposed park and trail dedication fees, noting this is an issue because the City's ordinance has no language related to dedication requirements for senior living facilities. A final issue addressed by Mr. Turnblad was Washington County's plans for traffic measures at County Road 12 and Minar Avenue and the traffic impact fee. Mayor Harycki opened the public hearing. Greg Johnson, Select Senior Living, offered to answer any questions the Council might have. No other comments were received, and the hearing was closed. Mayor Harycki suggested including language regarding "payment in lieu" in the development agreement to protect the City should the property at some time be sold to a not - for - profit entity. City Attorney Magnuson suggested this is a policy question for the Council, but suggested it would be a good idea to include some language in the development agreement that would allow the City to open up negotiations at the time of a future potential change in the status of the property. It was suggested the City develop a policy regarding "payment in lieu." Councilmember Milbrandt suggested putting a Page 4 of 11 City Council Meeting December 16, 2008 clause in the development agreement referencing the City's "payment in lieu (of taxes)" policy, which would enable this project to move forward while the policy is developed. Motion by Mayor Harycki, seconded by Councilmember Milbrandt to include language regarding a "payment in lieu" policy in the development agreement. All in favor. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2008 -184, a resolution approving the final plat for Select Senior Living of Stillwater (Case No. 08-49) and draft development agreement and the first reading of Ordinance 1003, an ordinance amending the Stillwater City Code Section 31 -300 Entitled District Boundaries Select Senior Living Of Stillwater Case 08 -49 and Ordinance 1004, an ordinance amending the Stillwater City Code Chapter 31, Entitled Zoning Ordinance by adding "Senior Care Living Facility" in The Lakeshore Residential Zoning District as a Specially Permitted Use Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None UNFINISHED BUSINESS Possible approval of Stillwater Marathon — 2009 agreement Jennifer Severson, Greater Stillwater Chamber of Commerce, stated the Chamber had hosted two informational meetings regarding the proposed marathon and the Board has voted to endorse the Stillwater Marathon with the requirements listed in its letter dated December 16, 2008, noting that progress has been made in meeting the Chamber's requirements. Mayor Harycki referred to a letter in support of the marathon from the Convention and Visitors Bureau. Mayor Harycki questioned the wording of the revised marathon agreement related to the closing of parking lots, suggesting that might be left to the discretion of the Downtown Parking Commission to develop a specific plan. Councilmember Milbrandt suggested language: the City will establish parking closures in conjunction with the Stillwater Downtown Parking Commission and St. Croix Events and the Chamber. Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to adopt Resolution 2008 -185, approving 2009 Stillwater Marathon Agreement with St. Croix Events, Inc., with the change in language of item 7(a) 1. as suggested. Mayor Harycki suggested specifying the dollar amount in Item No. 25, naming rights; it was agreed to change nominal consideration to $1.00. Councilmember Milbrandt amended his motion and Councilmember Nyberg his second, to include the change to the language of the Item No. 25 related to naming rights. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Page 5 of 11 City Council Meeting December 16, 2008 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. Community Development Director Turnblad noted the first reading was held at the previous Council meeting and nothing has changed since that time. He said the only additional question was whether the new regulations applied to the properties west of Stillwater Boulevard and that issue will be brought to the Planning Commission. Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to adopt Ordinance 1002, an ordinance amending Chapter 31, entitled Zoning Ordinance by changing regulations related to signage in the BP- Business Park Zoning District. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None NEW BUSINESS A resubdivision of one parcel back into the two originally platted lots located at 915 West Abbot Street. Ray Loida, Jr., applicant. Community Development Director Turnblad reviewed the request, noting that this re- creates the originally platted lots and both lots meet all the standards for the RB zoning district. He noted that staff and the Planning Commission recommend approval with the four conditions. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2008 -186, a resolution approving the resubdivision of property located at 915 Abbott St W (Case No. 08 -48), as conditioned. Ayes: Councilmembers Gag, Milbrandt, Polehna and Mayor Harycki Abstain: Councilmember Nyberg Possible approval of bids and awarding contract for Parking Ramp City Administrator Hansen stated bid opening for the parking ramp took place earlier in the day and was very pleased with the results. He noted that 8 bids were received, and the bids were very competitive. He said the recommended bid winner is AP Midwest LLC, with a base bid of $4,877,000. Mr. Hansen reviewed recommended bid alternates, including two deducts. Mr. Hansen stated he thought the bid with alternates provides the full project that was promised to the public, with all the external amenities, and noting that the total project cost will be Tess than the maximum $6 million cost previously targeted. There was discussion about the recommendation to bid equipment separately. Page 6 of 11 City Council Meeting December 16, 2008 Motion by Councilmember Nyberg, seconded by Councilmember Polehna to adopt Resolution 2008 -187, accepting bids and awarding contract for parking ramp, awarding the contract to AP Midwest. City Administrator Hansen asked if the motion included the recommended alternates. Councilmember Nyberg amended his motion to include the alternates, as did Councilmember Polehna. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None There was discussion about the number of parking spaces in the structure; Mr. Turnblad noted the bid, with recommended alternatives, provides for 283 spaces, but suggested that number could be increased slightly with the utilization of more compact vehicle spaces. Possible approval to carry over Capital Outlay Items a. MIS b. Fire Department c. Public Works, Parks, Streets, Sewer d. Recreation Center Mayor Harycki noted this is an end -of- the -year cleanup measure but pointed out that carrying the funds over does not mean they have to be expended. City Administrator Hansen agreed, noting that all expenditures are being carefully scrutinized per the Council's direction. Motion by Councilmember Milbrandt, seconded by Councilmember Gag to approve the requested roll -over items. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Liberty Stop Sign Study Public Works Director Sanders reviewed the results of the traffic study done at Reunion Road and Newman Trail and Liberty Parkway and Country Road /Pioneer Place in the Liberty development. He noted that the opening of Manning Avenue reduced the traffic counts by about one -half, and he noted that the study indicates that stop signs are not warranted according to the criteria established by the Minnesota Manual on Uniform Traffic Control Devices. Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to accept the traffic study and remove all temporary signs. Motion passed 3 -2 (Councilmember Polehna and Mayor Harycki voting nay). Page 7 of 11 City Council Meeting December 16, 2008 Police Chief Gannaway noted that at the recent traffic school he and Mr. Sanders attended, it was highly recommended that communities not use stop signs to solve traffic problems. Lights relating to Lofts of Stillwater Public Works Director Sanders stated there have been some problems with the lights, highway and pedestrian, in front of the Lofts at 501 N. Main St. He said Xcel Energy had fixed the highway lights but there was some confusion as to who is responsible for the repair of the pedestrian lights. Mr. Sanders noted the pedestrian lights were installed by the developer and without the approval of Xcel Energy or the City. He said Xcel has now indicated it will take over responsibility and repair the pedestrian lights, but at a cost of $7,000. He said the City has obtained an estimate for repair of the lights of $5,400, but that would mean the City would assume responsibility for ongoing maintenance of the lights. He said staff is recommending that Xcel do the repairs and take over maintenance of the lights, with the cost to be passed on to the developer. On a question from Councilmember Polehna, Mr. Sanders stated that he had not been in contact with the developer regarding this issue. Councilmember Milbrandt expressed a concern about proceeding without talking with the developer; City Attorney Magnuson stated the City would contact the developer and make every effort to convince them of their responsibility in this matter. Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to table this matter and make an effort to resolve the issue with the developer. All in favor. Possible appointment to the Library Board City Clerk Ward stated the Library Board interviewed applicants and is recommending appointment of Leslie Jones and Kathy Stark to the two vacant seats and reappointment of Ann Wolff on the Library Board. Motion by Councilmember Milbrandt, seconded by Councilmember Gag to adopt Resolution 2008 -188, appointment to Library Board. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible appointment/reappointment for Heritage Preservation Commission City Clerk Ward stated interviews were held by Councilmember Gag and HPC Chair Lieberman, with the recommendation to appoint Gerald Krakowski and reappoint Roger Tomten to the two openings on the Heritage Preservation Commission. Page 8 of 11 City Council Meeting December 16, 2008 Motion by Councilmember Gag, seconded by Councilmember Nyberg to adopt Resolution 2008 -189, appointments to Heritage Preservation Commission. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible appointment/reappointment for Human Rights Commission Motion by Councilmember Polehna, seconded by Councilmember Nyberg to adopt Resolution 2008 -190, appointment to Human Rights Commission, reappointing Jane Taves, with the interviews to be held with the other three applicants for the remaining open seats. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible adoption of resolutions for 2009 Budget & Tax Levy Finance Director Harrison stated the numbers are the same as presented at the Truth - in- Taxation hearing. Mayor Harycki clarified that given the state of the economy, even if the budget is adopted, the City does have the right to reduce expenditures. Motion by Councilmember Nyberg, seconded by Councilmember Gag to adopt Resolution 2008 -191, adopting the final budget for the Year 2009. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to adopt Resolution 2008 -192, adopting the final tax levy for the Year 2009. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible approval of capital expenditure for portable digital recording system used by Council, several commissions & Police Dept. Admin. Hearings — Administration City Clerk Ward reviewed her request to purchase a portable digital recording system. She noted that currently a tape recorder, which was manufactured 10 years ago, is used for the Downtown Parking Commission, Human Rights, Charter Commission, and Joint Board meetings, Council workshops and executive sessions and Police Department administrative hearings. She cited the "pros" of the digital recording system versus a tape recorder. Motion by Councilmember Nyberg, seconded by Councilmember Gag, moved approval of the capital expenditure for a portable digital recording system. All in favor. Page 9 of 11 City Council Meeting December 16, 2008 Possible approval of capital expenditures: annual agreement (web & email) & newphone system for St. Croix Recreation Center MIS Specialist Homan reviewed the request to renew the web and email agreement for the City and purchase a new phone system for the Rec Center. She noted the phone system at the Rec Center is in need of replacement — it is the original system and the Center has outgrown its capability. Councilmember Milbrandt pointed out that both are budgeted items. Motion by Councilmember Nyberg, seconded by Councilmember Milbrandt to approve the capital expenditure requests for the web and email agreement and new phone system for the St. Croix Recreation Center. All in favor. COUNCIL REQUEST ITEMS Councilmember Nyberg stated the Parks Commission is recommending to the Council that the basketball court at Staples Field be reopened on a half -court basis. He noted the court has been sitting unused for six years, which the Parks Commission feels is a poor use of parks facilities. Mayor Harycki noted there is a long history regarding this issue and referred to the equipment at Stonebridge playground and donation made by the City because there was no anticipated reopening of the basketball court at Staples. Mayor Harycki said before taking any action he would like to see the minutes of the Parks Commission. Councilmember Nyberg said he would be comfortable doing that but would like to make sure the issue moves forward. Councilmember Nyberg pointed out the Parks Commission conducted a survey looking for ideas on what the neighborhood would like to see and he wanted to be sure the discussion continues and there is not just an abandoned basketball court sitting idle. ADJOURNMENT Motion by Councilmember Nyberg, seconded by Councilmember Polehna to adjourn at 9:20 p.m. All in favor. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2008 -175, directing payment of bills Resolution 2008 -176, approving agreement with LuAnn Clark for cleaning services Resolution 2008 -177, approval of agreement with The Sand Creek Group, Ltd. Page 10 of 11 City Council Meeting December 16, 2008 Resolution 2008 -178. renewal of Towing License for 2009. Resolution 2008 -179, approval of work orders for the Manning Avenue Project Resolution 2008 -180, adopting delinquent sewer charges Project No. 0001 Resolution 2008 -181, adopting delinquent garbage bill charges Project No. 0002 Resolution 2008 -182, approving agreement with Hennepin Technical College Customized Training — Firefighter training Resolution 2008 -183, a resolution approving a street vacation for a Portion of Panama Avenue North and Hubert Street (Case No. 08 -40) Resolution 2008 -184, a resolution approving the Final Plat for Select Senior Living of Stillwater (Case No. 08 -49) Resolution 2008 -185, approving 2009 Stillwater Marathon Agreement with St. Croix Events, Inc. Resolution 2008 -186, a resolution approving the resubdivision of property located at 915 Abbott St W (Case No. 08 -48) Resolution 2008 -187, accepting bids and awarding contract for parking ramp Resolution 2008 -188, appointment to Library Board Resolution 2008 -189, appointments to Heritage Preservation Commission Resolution 2008 -190, appointment to Human Rights Commission Resolution 2008 -191, adopting the final budget for the Year 2009 Resolution 2008 -192, adopting the final tax levy for the Year 2009 Ordinance 1002, an ordinance amending Chapter 31, entitled Zoning Ordinance by changing regulations related to signage in the BP- Business Park Zoning District. Page 11 of 11 RESOLUTION NO. 2009-06 COMMENDING COUNCILMEMBER WALLY MILBRANDT WHEREAS, Wally Milbrandt served on the Parks Commission from 2000 until he was elected to serve on the Stillwater City Council in 2001; and WHEREAS, Wally Milbrandt has served on the Stillwater City Council for eight years; and WHEREAS, Wally Milbrandt is to be commended for his faithful and dedicated service to the City of Stillwater. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, that for his dedicated service to the City as Councilmember, Wally Milbrandt is hereby commended; that recognition be given to the fact that for the nine years he has served the City, the said Wally Milbrandt provided exemplary leadership. The Council further extends to him its best wishes for the future. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to record this resolution in the official record of proceedings of the Council and to deliver a certified copy thereof to the said Wally Milbrandt. Adopted by the Council this 6th day of January, 2009. Attest: Diane Ward, City Clerk Ken Harycki, Mayor RESOLUTION NO. 2009-07 COMMENDING COUNCILMEMBER ADAM NYBERG WHEREAS, Adam Nyberg was elected to serve on the Stillwater City Council in 2007; and WHEREAS, Adam Nyberg has served on the Stillwater City Council for two years; and WHEREAS, Adam Nyberg is to be commended for his faithful and dedicated service to the City of Stillwater. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, that for his dedicated service to the City as Councilmember, Adam Nyberg is hereby commended; that recognition be given to the fact that for two years he has served the City, the said Adam Nyberg provided exemplary leadership. The Council further extends to him its best wishes for the future. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to record this resolution in the official record of proceedings of the Council and to deliver a certified copy thereof to the said Adam Nyberg. Adopted by the Council this 6th day of January, 2009. Attest: Diane Ward, City Clerk Ken Harycki, Mayor Greater Stillwater Area Cultural Needs & Use Assessment A group of nonprofit cultural organizations in the Greater Stillwater area have recently joined to explore the viability of creating or sharing space(s) to meet their respective needs and to satisfy the growing needs of the cultural community. The proposed Cultural Needs & Use Assessment is the first step in this venture. Rationale: The communities in the lower St. Croix Valley are known for their special charm, their rich cultural organizations and as a home for a bounty of recognized artists. But more than just providing entertainment, the St. Croix Valley's cultural offerings contribute to a unique sense of place that attracts new residents, draws new businesses and provides a destination for thousands of visitors from the Twin Cities metropolitan area, Wisconsin and beyond. Recent research shows what active community leaders have known for years — this artistic heritage spurs local economic development. Audience patrons in the St. Croix Valley spend at a comparable rate per capita to the audience patrons in Minneapolis and St. Paul and in so doing they provide business to local restaurants, merchants and municipalities. Yet, in the midst of this rich cultural landscape, arts organizations in the Greater Stillwater area are fragmented, often hidden or "homeless" and the absence of a cultural or performing arts center is well known. Meanwhile for - profit creative businesses recognize how the region's historic character has special appeal for their customers and creates opportunity for other creative ventures. While visions of new gallery, performing art space and cultural districts abound, what isn't known is the extent these new visions can build on the capacities and future needs of our existing cultural organizations. Is there synergy in a coordinated, collective approach? Over the next 25 years, the St. Croix Valley's population is projected to grow 65 percent, more than double the rate of growth of the entire Twins Cities metro area. By giving proper attention to the role of the arts in this development, we will retain and build on the unique character that attracts new businesses and sparks revenues for our region's overall prosperity. Who Will Conduct the Study? Based in Minneapolis, Artspace is the nation's leading nonprofit real estate developer for the arts. What the Needs & Use Assessment Will Provide: Believing that programming need and organizational capacity are the basis of future planning, this study will engage cultural organizations in the Stillwater -Lake Elmo region and will provide recommendations for specific multi -use concept(s) for arts space(s) based on the: a) growing programming and space needs of cultural organizations in the area; b) efficiencies in a new and /or existing shared use facility(ies); c) financial capacity of existing organizations to capitalize and operate new space or programming to address these needs; d) role of arts in local municipal planning. Overall the recommendations will focus on need, scope, timing, and costs. The study will help the group: a) strategize on collaborative programming and efficiencies in site development; b) move forward on one site - specific project or projects at multiple sites; or c) craft a mix of these options. If deemed necessary, a second phase of this study will determine the interests of artists in renting studio /workspace. Outcome: A range of concepts could come out of this project: performing art space; artist live -work space, gallery space, classrooms; space for for - profit creative businesses. The goal of the project is to establish what may be feasible given future programming and financial capacity to capitalize and operate space for new cultural programs. Specific information will include financial models (capital and operating) for ownership and operation of shared facilities. Core Group Art Reach Alliance Lake Elmo Regional Art Center The Phipps Center for the Arts Stillwater Area Public Schools Community Education Trinity Lutheran Church Theatre Associates of Stillwater— Performing Arts Steering Committee Valley Chamber Chorale Other Cultural Organizations in the Greater Stillwater Area Arcola Mills Art in General Art St. Croix Bridge Theatre Duck Soup Players Music St. Croix St. Croix Ballet Academy St. Croix Concert Series St. Croix Valley Chapter of the Barbershop Harmony Society Stillwater Music Festival Valle de Croix Chorus Valley Dance & Arts Academy Washington County Historic Courthouse Washington County Historical Society White Pine Festival Convened by saiuSt. Croix Valley 'community Foundation All contributions are tax deductible. For more information, please contact Jill Shannon Director of Community Partnerships 715 - 386 -9490 jshannon(scvcf orq 515 Second St, Ste 214 Hudson, W154016 Greater Stillwater Area Cultural Needs & Use Assessment Project Budget Direct Expenses Personnel Artspace $51,521 Anne Howden Consulting $5,000 PROJECT TOTAL $56,521 Project Breakdown Phase I - Org & Community Assessment $26,521 Phase 11 - Artist Market Survey $25,000 Decision Facilitation $5,000 $56,521 Income Received Pledged Pending TOTAL Participating Organizations (inc SCVCF) $7,800 $1,000 $8,800 Individuals $5,000 $1,000 $6,000 Pugsley Fund of HRK Foundation $5,000 $5,000 Tozer Foundation $5,000 $5,000 Foundations $7,500 $12,919 $20,419 Municipal Govemments (20% of total) $1,071 $10,231 $11,302 $30,300 $2,000 $23,150 $56,521 Municipal Government - Proportional Contribution • 20% of total cost; $.2254 cents per capita Met Council Population and Household Estimated Estimate 4/1/2007 % population Contribution Afton 2,937 6% $662 Bayport 3,273 7% $738 Baytown Township 1,774 4% $400 Lake Elmo 8,182 16% $1,844 request pending Lake St. Croix Beach 1,177 2% $265 Lakeland 1,905 4% $429 Lakeland Shores 363 1% $82 Marine on St. Croix 703 1% $158 Oakpark Heights 4,751 9% $1,071 pledged St. Mary's Point 405 1% $91 Stillwater 18,112 36% $4,082 Stillwater Township 2,625 5% $592 West Lakeland 3,934 8% $887 50,141 100% $11,302 AMCRICK31iA%ItdCi?MN'f<N! AUX, L34ti[ DI:11110HY .,r ABOUT ARTSPACE The Artspace Mission Artspace's mission is to create, foster, and preserve affordable space for artists and arts organizations. We pursue this mission through development projects, asset management activities, consulting services, and community - building activities that serve artists and arts organizations of all disciplines, cultures, and economic circumstances. By creating this space, Artspace supports the continued professional growth of artists and enhances the cultural and economic vitality of the surrounding community. The Artspace Story Finding and retaining affordable live/work space is an age-old problem for artists, painters, sculptors, dancers, and others who require an abundance of well -lit space in which to work. Many artists gravitate to old warehouses and other industrial buildings, but their very presence in an industrial neighborhood often acts as a catalyst, setting in motion a process of gentrification that drives rents up and forces the artists out. This is precisely what happened in Minneapolis' historic Warehouse District in the 1970s and led to the creation of Artspace in 1979. Established to serve as an advocate for artists' space needs, Artspace effectively fulfilled that mission for nearly a decade. By the mid-1980s, however, it was clear that the problem required a more proactive approach, and Artspace made the leap from advocate to developer. Since then, the scope of Artspace's activities has grown dramatically. Artspace is now America's leading nonprofit real estate developer for the arts. In the last few years, Artspace has further expanded its mission to incorporate the planning and development of performing arts center, other arts facilities, and entire arts districts throughout the country. Artspace Programs Property Development : Development projects, which typically involve the adaptive reuse of older buildings but can also involve new construction, are the most visible of Artspace's activities. Experienced project managers creatively finance and coordinate the construction of projects throughout the country. In communities across the nation, Artspace develops a mix of affordable live/work units, retail space, and administrative and performance space for arts organizations. National Consulting : In addition to its roles as developer, owner, and manager, Artspace acts as a consultant to communities, organizations, and individuals seeking information and advice about developing affordable housing and work space for artists, performing arts centers, and cultural districts — usually, but not always, within the context of historic preservation. Asset Management : Artspace owns or co -owns all the buildings it develops. To fulfill our mission, we strive to manage our properties so that they will be well -maintained yet remain affordable to the low- and moderate - income artists for whom they were developed in the first place. Revenues in excess of expenses are set aside for preventive maintenance, commons area improvements, and building upgrades. Performance Property Management : To further the specific needs of its Twin Cities properties, in 1998 Artspace started its own subsidiary property management agency, Performance Property Management Company. Resource Development : As a nonprofit that relies on contributed as well as;. earned income, Artspace cultivates relationships with the foundation and =t corporate philanthropic communities, as well as local, state, and federal governmental agencies, in communities across the country. Sustainability in Practice at Artspace At Artspace, we have come to realize that green building and sustainable development are at the very core of our mission to create, foster and preserve affordable space for artists and arts organization. Green building is a whole - building and systems approach to design and construction. It employs building techniques that minimize environmental impacts and reduce the energy consumption of buildings while contributing to the health and, productivity of its occupants. A copy of our sustainable protocol can be downloaded here. The U.S. Green Building Council Certificate of Membership, LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2009 -01 1ST Line /Leewes Ventures LLC AI's Coffee Company AMEM American Payment Centers American Reliable Ins Co. Aramark Uniform Services Archetype Signmakers Bettendorf Abstracting Bonestroo Bound Tree Medical LLC. CARQUEST Auto Parts CATCO Parts and Service Century Power Equipment Cities Digital Solutions Clarey's Safety Equipment Clark, Luann Coca -Cola Bottling Company Cole Papers Consolidated Welding Supply Corporate Mechanical Cub Foods Dell Marketing L.P. Denny Hecker Auto Connection Enterprise Products Operating Environmental Systems Inc. Fastenal Company Frank Madden & Associates Fred's Tire Company Fuhr Trenching Fury Dodge Chrysler GCR Minneapolis Truck Tire Center Grainger Greatland Corporation Hansen, Steve Harris, Service Ice Skating Institute Iceman Industries, Inc. Infratech, Inc. J.H. Larson Electric Jansen, Chad Jefferson Fire & Safety, Inc. Lennar of Minnesota LogoStitch, Ltd. LSA Design, Inc. Concession Supplies Coffee and Supplies for Concessions 2009 Membership Dues Payment Box Service Flood Insurance Towels, Mops, Uniform Cleaning Cabinets with BREMER Logo /Locker -room Signs Professional Services Professional Services Latex gloves Equipment Repair Supplies Equipment Repair Supplies Blade, Bolt, Lock Nut Scanner Fire Extinguisher Inspection /Recharge Cleaning At City Hall /Public Works Soda for Concessions Janitorial Supplies Welding Supplies Heating Repairs Food For Concessions Laptop 5000 Mile Service Propane ArcVeiw Concurrent Use Primary Maintenance Handles, Lock Washers Professional Services Through 11/30 Tire Repair Storm Water Pond Maintenance Squad Repairs Tire repair Equipment Repair Supplies 1099 Misc. & Envelopes Tuition Reimbursement Chiller Repair Show Endorsement Road Salt Additive Sewer Camera Including Monitor, Keyboard Lamps and Ballast School Tuition Reimbursement Bunker gear Grading Escrow Refunds Jr. Team Jackets /Rec Center Stillwater Parking Ramp 918.85 2,355.75 100.00 81.00 7,866.00 493.91 2,386.67 100.00 11,100.00 405.13 792.37 129.83 44.49 6,082.00 67.09 285.00 1,372.75 902.51 37.03 541.00 327.92 4,071.51 75.82 10,218.80 2,343.00 34.88 255.55 20.73 9,920.00 281.40 315.96 279.40 134.11 1,340.00 288.00 25.00 4,303.13 4,234.90 494.51 708.33 8,992.90 36,500.00 2,180.00 27,620.55 EXHIBIT " A" TO RESOLUTION #2009 -01 Magnuson Law Firm M J Raleigh Truck Co. M.E.M.A. Menards Metro Fire Metro Fire Officers Assoc. Mitchell Hanson Electric, Inc. MN Dept of Labor & Industry MN Ice Arena Managers MN Office Of Enterprise Technologies MN State Fire Chiefs Assn NEXTEL Communications Office Depot Otis Elevator Company Paramount SkSs, Inc. Performance Plus Professional Wireless Communications Quill Corporation Reliable Office Supplies Riedel) Shoes, Inc. Sand Creek Group LTD Short Elliott Herndrickson Inc. Specialty Contracting St. Croix Boat & Packet Co. St. Croix Recreation Co. Stillwater Gazette Stillwater & Oak Park Heights CVB Sun Newspapers Toll Gas & Welding Supply Tri State Bobcat, Inc. Twin City Saw Co. Unique Paving Materials, Inc. University of MN Soil Testing Laboratory UPS USA Mobility Wireless, Inc. Valley Trophy Inc. Washington County Recorder Winnick Supply Yocum Oil Company Zep Sales & Service Ziegler Cat LIBRARY Professional Services Oakglen Storm Water Pond Excavation 2008 Membership Dues Tube Guard Equipment Repair Supplies 2009 Membership Dues Repair Pump at Lily Lake Lift Station Plan Review Fee 2009 Membership Dues Wide Area Network Usage 2009 Membership, Glaser, Ballis, Linhoff CeII Phones Office Supplies Elevator Maintenance Agreement Skates for Resale SCBA fit testing Quarterly Maintenance Contract Office Supplies Office Supplies Skates for Resale Employee Assistance Program General Transportation Services Resurfacing Overhead Door November 2008 Arena Billing Trash Can Tops for Downtown Publications Remainder of 3rd Quarter Lodging Tax Publications Welding Supplies Equipment Repair Supplies Equipment Repair Supplies Winter Mix Asphalt Soil Testing Legends & Millbrook Parks Shipping Pager Service Name Plates Recording Fees Election Supplies Fuel Zep Flash Equipment Repair Page 2 13,410.83 100,577.79 30.00 129.62 308.34 200.00 191.50 7,742.48 165.00 140.83 225.00 343.71 1,069.94 5,008.96 154.50 2,486.00 1,241.89 568.34 193.79 569.43 2,205.00 3,992.31 1,400.00 50,876.32 4,866.03 180.63 855.17 48.60 26.91 191.68 14.86 231.11 80.00 14.08 10.64 14.38 472.00 108.19 5,837.51 80.10 174.82 American LibraryAssociation 2009 Membership 180.00 EXHIBIT " A" TO RESOLUTION #2009 -01 Page 3 Baker & Taylor Baker & Taylor, Inc. BBC Audiobooks America Blocher, Carolyn CDW Government, Inc. Comcast CVS Dell Marketing L.P. Ebsco G & K Services Linner Electric Co. Menards MN Office Of Enterprise Technologies NADA Office Depot Credit Plan Office Max Random House, Inc. Recorded Books, LLC Roen, Sonya Stillwater Area High School Stringer Business Systems Value Line Van Paper Company Washington County Historical Society Washington County Library Xcel Energy Books Audio /Books /Film/Video Audio Books Various Supplies Computer Equipment Telecommunications 2009 Membership Computers Magazines /Books Towels &# Rugs Electrical Repairs & Install Janitorial Supplies Telephone Reference Guide Office Supplies Supplies Audio Audio Books Professional Services Yearbook Maintenance Reference Guide Janitorial Supplies Adult Books Telecommunications Electricity 25.65 4,165.11 2,400.00 76.91 43.65 110.25 25.00 14,875.71 7,239.38 196.40 1,355.70 9.44 296.84 90.00 924.08 34.97 5,659.00 2,100.00 33.56 85.00 27.33 898.00 531.25 80.00 1,530.00 6,664.70 Memorandum To: Mayor and City Council From: Shawn Sanders, Publicorks Director Date: December 17, 2008 Subject: Boutwell Road Phase 3 Project (Project 2005 -05B) 2007 Street Improvement Project (Project 2007 -02) Acceptance of Work and Final Payment DISCUSSION The work on the above two projects have been completed. The contractor has submitted their applications for payment and required information to allow for final payment. If Council accepts the work and authorizes final payment the one -year warranty will begin. RECOMMENDATION Staff recommends that Council accept the work and authorize final payment to M.J. Raleigh Trucking, Inc. in the amount of $62,141.63 and $30,354.86 for each project respectively. ACTION REQUIRED If Council concurs with staff recommendation, Council should pass a motion adopting Resolution No. 2009 - , ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR BOUTWELL ROAD PHASE 3 PROJECT (PROJECT 2005 -05B) and Resolution No. 2009 - , ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR 2007 STREET IMPROVEMENT PROJECT (PROJECT 2007 -02) ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR 2007 STREET IMPROVEMENT PROJECT (PROJECT 2007 -02) WHEREAS, pursuant to a written contract signed between the City and M.J. Raleigh Trucking, Inc. for the 2007 Street Improvement Project (Project 2007 -02) and their work has been completed with regard to the improvement in accordance with such contract, BE IT FURTHER RESOLVED: That the city clerk and mayor are hereby directed to issue a proper order for the final payment of $30,354.86 on such contract, taking M.J. Raleigh Trucking, Inc. receipt in full. Attest: Adopted by the Council, this 6th day of January 2009. Diane F. Ward, City Clerk Ken Harycki, Mayor ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR BOUTWELL ROAD PROJECT PHASE 3 (PROJECT 2005 -05B) WHEREAS, pursuant to a written contract signed between the City and M.J. Raleigh Trucking, Inc. for installation of utilities on the Boutwell Road Phase 3 Project (Project 2005 - 05B) and their work has been completed with regard to the improvement in accordance with such contract, BE IT FURTHER RESOLVED: That the city clerk and mayor are hereby directed to issue a proper order for the final payment of $62,141.63 on such contract, taking M.J. Raleigh Trucking, Inc. receipt in full. Attest: Adopted by the Council, this 6th day of January 2009. Diane F. Ward, City Clerk Ken Harycki, Mayor CITY OF STILLWATER PPLICATION FOR PAYMENT PROJECT: 2007 Street Improvement Project JOB NO.: 2007 -02 Contractor: M.J. Raleigh Trucking, Inc. PO Box 261 Stillwater, MN 55082 Period Ending: January 8, 2008 APPLICATION NUMBER: 5 Telephone: 651- 439 -1488 Fax: 651- 439 -1488 Application Date: January 8, 2008 Contract Amount: $ 881,608.39 Material Suitably Stored on Site not Incorporated to Work Additions, Deletions Revised Contract Amount: $881,608.39 Gross Amount Earned: $ 949,743.05 $ 949,743.05 Less 2% Retainage $ 18,994.86 Less Liquidated Damages Less Previous Payments $921,221.36 AMOUNT DUE THIS APPLICATION: $9,526.83 CONTRACTOR'S AFFIDAVIT The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress payments received from the Owner on account of work performed under the contract refereed to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with work covered by prior Applications for Payment under said contract, and (2) all materials and equipment incorporated in said project or otherwise listed in or covered by this application for payment are free of all liens, claims, security interests and encumbrances. Dated: M.J. Raleigh Trucking, Inc. ..‘/%0,3" ractor) g�nat1 1 .Pt (Name, Title - PP/ se Print) In accordance with the Contract, the undersigned approves payment to the Contractor of the Amount Due. DATE: 1/1/08 By: Torry aftson, ssistant City Engineer Application forwarded to Finance Department on for submittal to Council for payment at their meeting on / o� 2007 Street Improvements Contract Quantities Project 2007 -02 ...Item..... :::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::: . Gant'ract :: :: To:I3ate::::::::Uliif :::: .::::.:]1%.19;-::....1 :::::: :::Item :::::::::::::::::::'.'.. <........'................. ... VIO.:..:.. Untt . .. .. Quantit}' : :::Qu:antjty:::::::;�riee:::: .... un :::::Ainuurif::: • 1 Mobilization LS 1 1.50 $ 22,500.00 ;: $ 33,750.00 2 Traffic Control LS 1 1.00 $ 3,800.00 $ 3,800.00 3 MPCA, SWPPP Permit Fee LS 1 1.00 $ 400.00 $ 400.00 4 Remove Bituminous Pavement SY 22,897 22897.00 $ 0.85 : $ 19,462.45 5 Remove Existing Curb and gutter LF 1420 4600.00 $ 1.80 :; $ 8,280.00 6 Remove Existing Storm Sewer Structure EA 2 2.00 $ 225.00 :; $ 450.00 7 Remove Existing Storm Sewer Pipe LF 16 16.00 $ 14.00 $ 224.00 8 Geotextile Fabric Type V SY 4,579 $ 1.70 $ - 9 Clear and Grub Trees (All Sizes) EA 27 80.00 $ 125.00 $ 10,000.00 10 Clear and Grub Trees (All Sizes) (Sta. 41 +00 -47 +00 Left) ACRES 0.60 0.60 $ 3,200.00 :: $ 1,920.00 11 Sawcut Bituminous LF 400 670.00 $ 2.00 :: $ 1,340.00 12 Common Excavation CY 12,720 12984.00 $ 4.20 $ 54,532.80 13 Subgrade Excavation (EV) CY 3,053 2522.00 $ 4.20 $ 10,592.40 14 Subgrade Backfill (CV) CY 3,359 2522.00 $ 7.00 $ 17,654.00 15 Subgrade Preparation RD STA 71 71.00 $ 95.00 $ 6,745.00 16 Select Granular Bonow(CV) CY 7,632 8640.00 $ 7.00 :: $ 60,480.00 17 Class 5 Aggregate (100% crushed) TON 8,825 8974.66 $ 7.00 :: $ 62,822.62 18 Wear Course Mixture MVWE35035B TON 2,204 2206.09 $ 46.75 $ 103,134.71 19 Bituminous Materail for Tack Coat GAL 1,603 887.00 $ 1.40 $ 1,241.80 20 Base Course Mixture MVNW35035B TON 3,673 2958.04 $ 44.80 $ 132,520.19 21 D418 Curb and Gutter LF 2,970 6577.00 $ 9.00 :: $ 59,193.00 22 12" RC Pipe Sewer Design 3006 CLV (All depths - Includes FES) LF 28 108.00 $ 24.00 :: $ 2,592.00 23 15" HDPE Dual Wall ( All depths)(Includes FES) LF 403 390.00 $ 21.00 $ 8,190.00 24 18" HDPE Dual Wall ( All depths)(Includes FES) LF 50 59.00 $ 22.50 $ 1,327.50 25 15 " HDPE Dual Wall FES EA 2 2.00. $ 125.00 $ 250.00 26 18" HDPE Dual Wall FES EA 1 1.00 $ 125.00 :: $ 125.00 27 PVC Clean Out (1 - 5 Feet Deep) EA 2 $ 200.00 :; •$ - 28 Class III Rip Rap CY 50 45.36 $ 60.00 $ 2,721.60 29 Class I Rip Rap CY 15 23.04 $ 60.00 $ 1,382.40 30 Construct 2' X 3' Catch Basin Over Existing Pipe EA I 11.00 $ 1,600.00 :: $ 17,600.00 31 2' X 3' Catch Basin (All Depths) EA 2 1.00 $ 1,250.00 :: $ 1,250.00 32 48" Diameter CBMH (All Depths) EA 4 5.00 $ 1,700.00 :: $ 8,500.00 33 27" Diameter Catch Basin (All Depths) EA 1 2.00 $ 1,250.00 :: $ 2,500.00 34 Rehabilitate Storm Sewer Structure EA 9 10.00 $ 600.00 $ 6,000.00 35 Adjust Catch Basin EA 32 33.00 $ 220.00 $ 7,260.00 36 F +I Catch Basin Castings EA 26 39.00 $ 465.00 $ 18,135.00 37 F+ I External Seal EA 76 77.00 $ 200.00 :: $ 15,400.00 38 Curb Inlet Protection Type A EA 16 17.00 $ 175.00 :: $ 2,975.00 39 Curb inlet Protection Type B EA 16 16.00 $ 225.00 $ 3,600.00 40 Silt Fence Heavy Duty LF 2,400 1800.00 $ 2.05 $ 3,690.00 41 Erosion Control Bioroll LF 100 120.00 $ 4.50 :: $ 540.00 42 Adjust Manhole EA 44 45.00 $ 220.00 :: $ 9,900.00 43 Adjust Gate Valve EA 31 32.00 $ 100.00 :: $ 3,200.00 44 Common Excavation Rain Garden (EV) CY 800 764.00 $ 4.50 $ 3,438.00 45 Granular / Compost Backfill Rain Garden (LV) CY 280 350.00 $ 8.00 $ 2,800.00 46 6" Draintile w/ Sock Rain Garden LF 450 1025.00 $ 3.75 $ 3,843.75 47 Hardwood Mulch Rain Garden SY 1,000 1000.00 $ 2.40 $ 2,400.00 48 Street Sweeping HR 20 29.50 $ 80.00 :: $ 2,360.00 49 Repair damaged Sprinkler System EA 35 76.00 $ 80.00 :: $ 6,080.00 50 Repair Invisible Dog Fence EA 15 3.00 $ 65.00 $ 195.00 51 Temporary Seed and Mulch ACRES 0.75 0.75 $ 950.00 $ 712.50 52 Common Laborer HR 50 75.00 $ 52.00 $ 3,900.00 53 1 C.Y. Backhoe HR 30 28.00 $ 65.00 $ 1,820.00 54 3 C.Y. Front End Loader HR 30 30.25 $ 70.00 :: $ 2,117.50 55 10 C.Y. Dump Truck HR 30 95.00 $ 60.00 $ 5,700.00 56 Linear Markings 4" Width Epoxy Double Solid Yellow Line LF 4,800 725.00 $ 0.40 $ 290.00 57 Cross Walk Zebra Epoxy SF 288 $ 3.88 $ - 1 of 2 1/8/2008 2007 Street Improvements Contract Quantities Project 2007 -02 • Iteri* ::::::::::::::::::::::::::::::::::::::: .........• . Contract:::: To:Data::::::::Ur�if :::: ::V.04.:::: :::404::::::::::: :: >::: >:::::::::::::::. ,.. '.... ",.........::::::: ::::: ...t1n.t... . .. it Quantity..:.: ... :..... .Quantity::. ri . :Price :.. : Amougf:::- 58 _ Relocate Hydrant EA 1 $ 1,400.00. $ 59 5" Concrete Sidewalk Design 3Y32 Type A Granite SY 1,820 2101.00 $ 25.65 $ 53,890.65 60 Aggregate Base for Sidewalk 4" Depth TON 449 531.75 $ 7.70 $ 4,094.48 61 Pedestrian Ramps EA 8 14.00 $ 450.00 : $ 6,300.00 62 Wear Course Mixture LVWE35030B (Trail) TON 220 331.42 $ 72.00 $ 23,862.24 63 Aggregate Base 6" Depth (Trail) TON 662 1206.16 $ 7.75 $ 9,347.74 64 Common Excavation (Trail and Sidewalk) CY 884 996.00 $ 6.30 $ 6,274.80 65 Common Excavation (Driveways) CY 145 250.00 $ 6.30 :: $ 1,575.00 66 Lawn Sod SY 5,500 4039.00 $ 2.60 $ 10,501.40 67 Topsoil Borrow (CV) CY 475 574.00 $ 9.90 $ 5,682.60 68 Sawcut Concrete (Driveways) LF 300 360.00 $ 2.50 $ 900.00 69 Sawcut Bituminous (Driveways) LF 550 655.00 $ 2.00 $ 1,310.00 70 Aggregate Base (Driveways) TON 300 148.55 $ 7.75 $ 1,151.26 71 5" Concrete Driveway Design 3Y32 Type A (Granite) SY 550 606.00 $ 23.85 :: $ 14,453.10 72 Wear Course Mixture LVWE35030B (Driveways) TON 75 22.31 $ 60.00 $ 1,338.60 73 Retaining Wall SF 3,000 2625.00 $ 20.50 $ 53,812.50 74 Seeding (41 +00 -55 +00 Left) ACRES 1.00 1.00 $ 250.00 $ 250.00 75 Seed Mix 350 LBS 84 100.00 $ 4.50 $ 450.00 76 Hydraulic Soil Stabilizer Type 5 LBS 750 $ 0.95 :; $ - 77 Wood Fiber Blanket SY 500 4725.00 $ 2.50 $ 11,812.50 78 Remove Existing Concrete Driveway SY 550 206.56 $ 3.50 $ 722.96 79 Remove Existing Bituminous Driveway SY • 600 225.00 $ 3.00 $ 675.00 . GRAND TOTAL (BASIS OF AWARD) : $949,743.05 2 of 2 1/8/2008 CITY OF STILLWATER APPLICATION FOR PAYMEIV- PROJECT: Boutwell Road Project Phase III APPLICATION NUMBER: 6 -FINAL JOB NO.: 2005 -05B Contractor: M. J. Raleigh Trucking Inc. Telephone: 651- 439 -1488 P. O. Box 261 Fax: 651- 439 -1488 Stillwater, Mn. 55082 Period Ending: December 15, 2008 Application Date: December 15, 2008 Contract Amount: Material Suitably Stored on Site not Incorporated to Work Additions, Deletions Revised Contract Amount: Gross Amount Earned: Less 0% Retainage Less Liquidated Damages Less Previous Payments $ 34,839.32 $ 2,041,353.94 $1,979,212.31 AMOUNT DUE THIS APPLICATION: $2,109,832.00 $2,144,671.32 2,041,353.94 $62,141.63 CONTRACTOR'S AFFIDAVIT The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress payments received from the Owner on account of work performed under the contract refereed to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with work covered by prior Applications for Payment under said contract, and (2) all materials and equipment incorporated in said project or otherwise listed in or covered by this application for payment are free of all liens, claims, security interests and encumbrances. Dated: ) . -) --(5g . R.\ e : . L Eck r n )�_r►C_ ,yC�optractor) (Name, Title - PI ta e Print) In accordance with the Contract, the undersigned approves payment to the Contractor of the Amount Due. DATE: IZ ^ �1 --Of Shawn Sanders, Director of Public Works ENG1NEERlNG .OFFI.CE :USE Application forwarded to Finance Department on for submittal to Council for payment at their meeting on 12't7'o? Boutwell Road Project Phase 111 Contract Quanities Project 2005 -05B tell::::::::::: : ::::::::::::::::::::::::::::. :I: COhtraet. ;t.. To Date ...... ......:::. Unit :: lNo Item Unit uantlt . Q Y uantit Q , Y. Price A4101:::. .:: 2021.501 Mobilization LS 1 1.00 $ 81,500.00 $ 81,500.00 2101.502 Clearing TREE _ 50 240.00 $ 90.00 $ 21,600.00 2101.507 Grubbing Remove Existing Storm Sewer (all sizes including aprons) Remove Concrete Pavement TREE LF SY 50 500 500 240.00 _ 500.00 _ $ 50.00 $ 10.00 $ 4.00 $ 12,000.00 $ 5,000.00 $ - 2104.501 2104.505 2104.505 Remove Bituminous Pavement SY 13,000 13000.00 $ 1.55 $ 20,150.00 $ 648.00 2104.507 Remove Rip Rap CY 150 108.00 $ 6.00 2104.511 Sawing Concrete Pavement Sawing Bituminous Pavement LF LF 300 1300 780.00 $ 3.50 $ 2.40 $ $ 1,872.00 2104.513 2105.501 Common Excavation CY 42,500 42500.00 $ 5.30 $ 225,250.00 2105.505 Muck Excavation CY 5,755 7607.00 $ 7.30 $ 55,531.10 $ 174,205.80 $ 26,703.00 $ 230.02 $ 27,060.00 2105.522 Select Granular Borrow(LV) CY 29,500 24195.25 $ 7.20 2105.525 Topsoil Borrow (LV) CY 3,200 2967.00 $ 9.00 2105.543 Stabilizin Aggregate Stabilizing Aggregate (18 ") (LV) Subgrade Preparataion TON CY RD STA 2,175 1,100 64 32.86_ 902.00 64.00 $ 7.00 $ 30.00 $ 100.00 2105.541 2112.501 $ 6,400.00 2123.501 Common Laborers HR 150 84.50 $ 52.00 $ 4,394.00 2123.507 1.0 Cu Yd Shovel HR 75 50.75 $ 90.00 $ 4,567.50 2123.510 10 Cu Yd Truck HR 150 80.75 $ 60.00 $ 4,845.00 2123.514 3.0 Cu Yd Front End Loader HR 100 45.00 $ 90.00 $ 4,050.00 2123.610 Street Sweeper w/ Pickup Broom HR 50 44.75 $ 70.00 $ 3,132.50 2211.501 Aggregate Base Class 5, 100 % crushed Wearing Course Mixture LVWE35035B TON TON 12,200 885 20152.76 1020.18 $ 7.20 $ 55.00 $ 145,099.87 2350.501 $ 56,109.90 2350.501 Wearing Course Mixture MVWE35035B TON 3,132 2251.70 $ 51.75 $ 116,525.48 2350.501 Non Wearing Course Mixture MVNW35035B TON 7,020 4112.02 $ 47.85 $ 196,760.16 2357.502 Bituminous Material for Tack Coat GAL 2,500 1125.00 $ 1.40 $ 1,575.00 2411.618 Modular Block Retaining Wall Pipe Bedding Material 12" RC Apron w/ Trashguard 18" RC Apron w/ Trashguard SF TON .EA. EA 450 1700 4 2 1236.00 4.00 5.00 $ 22.00 $ 0.01 $ 575.00 $ 700.00 $ 27,192.00 2451.609 $ $ 2,300.00 $ 3,500.00 2501.515 2501.515 2501.515 21" RC Apron w/ Trashguard 'EA 3 5.00 $ 1,000.00 $ 5,000.00 2501.515 36" RC Apron w/ Trashguard EA 3 3.00 $ 1,900.00 $ 5,700.00 2501.515 42" RC Apron w/ Trashguard EA 2 0.00 $ 2,200.00 $ 2501.515 48" RC Apron w/ Trashguard EA LF 1 100 1.00 72.00 $ 3,000.00 $ 74.00 $ 3,000.00 $ 5,328.00 2503.511 8" PVC SDR 35, 18' - 20' Deep 2503.511 12" PVC SDR 35, 10' - 12' Deep ' LF LF LF LF 180 120 110 175 180.00 120.00 110.00 175.00 $ 79.00 $ 79.00 $ 79.00 $ 79.00 $ 14,220.00 $ 9,480.00 $ 8,690.00 $ 13,825.00 2503.511 12" PVC SDR 35, 12' - 14' Deep 12" PVC SDR 35, 14' - 16' Deep 12" PVC SDR 35, 16' -18' Deep 2503.511 2503.511 2503.511 12" PVC SDR 35, 18' -20' Deep LF LF LF 475 89 1,733 499.00 92.00 1694.00 $ 79.00 $ 79.00 $ 25.00 $ 39,421.00 $ 7,268.00 $ 42,350.00 2503.511 12" PVC SDR 35, 20' -22' Deep 2503.541 12" RC pite sewer Design 3006 Cl. V 2503.541 15" RC pipe sewer Design 3006 Cl. V LF 1,059 1120.00 $ 27.00 $ 30,240.00 2503.541 18" RC pipe sewer Design 3006 Cl. IV LF _ 823 960.00 $ 29.00 $ 27,840.00 2503.541 21" RC pipe sewer Design 3006 Cl. V 1 LF LF 678 108 896.00 72.00 $ 33.00 $ 64.00 $ 29,568.00 $ 4,608.00 2503.541 36" RC pipe sewer Design 3006 Cl. III 2504.541 42" RC pipe sewer Design 3006 Cl. III LF 78 71 62.00 $ 85.00 $ 100.00 $ $ 6,200.00 2505.541 2503.602 48" RC pipe sewer Design 3006 Cl. III Connect to Existing Sanitary Sewer LF EA EA EA LF EA EA EA EA EA EA LF LF 1 8 1.00 8.00 $ 14,000.00 $ 150.00 $ 14,000.00 $ 1,200.00 2503.602 2503.602 2503 603 2504.602 2504 602 2504 602 2504.602 8" X 4" PVC Wye 4" PVC Plug -. - -. 4" PVC SDR 26 Service Pipe 8" Gate Valve and Box 6" Gate Valve and Box Hydrant Connect to Existing Water Main 8 9.00 $ 5.00 $ 45.00 320 269.00 $ 20.00 $ 5,380.00 5 7.00 $ 1,000.00 $ 7,000.00 3 6.00 $ 700.00 $ 4,200.00 3 4.00 $ 2,300.00 $ 9,200.00 2 1.00 $ 750.00 $ 750.00 2504.602 1" Corporation Stop 8 9.00 $ 35.00 $ 315.00 2504 602 2504 603 1 Curb Stop and Box 6" D.I.P. Class 52 8 9.00 $ 100.00 $ 900.00 30 61.00 $ 25.00 I $ 1,525.00 2504.603 8" D.I.P. Class 52 2,360 2280.00 $ 27.00 $ 61,560.00 2005 -05B 12/15/2008 Boutwell Road Project Phase 111 Contract Quanities Project 2005 -05B Iteiii:::::::::: ::: ::::::::::::::::::::: .. .:::::::::::::::::::::..... ,,..... Contract To Dafe Urii.t 0;:: : item . �Plt ': Q uaiititY .:. QEiaij•ity :_ Price .. .: Amount: 2504.608 Ductile Iron Fittings LBS 2,000 1898.00 $ 2.00 $ 3,796.00 2504.618 2" Insulation SF 600 284.00 $ 1.50 $ 426.00 2505.603 1" Type K Copper service Construct 2' x' 3' Catch Basin LF EA _ EA 450 15 22 354.00 17.00 $ 25.00 $ 1,300.00 $ 8,850.00 $ 22,100.00 2506.502 2506.502 Construct 48" Daimeter CBMH 21.00 $ 1,850.00 $ 38,850.00 2506.502 Construct 72" Diameter CBMH EA 2 2.00 $ 3,200.00 $ 6,400.00 2506.502 Construct 48" Diameter STMH EA 1 $ 1,700.00 $ - 2506.516 _ Casting Assembly R- 3067 -V EA EA 38 30.00 $ 400.00 $ 12,000.00 2506.516 Casting Assembly R- 1733 -1 7 5.00 $ 400.00 $ 2,000.00 2506.522 Adjust Frame and Casting EA EA 14 45 14.00 45.00 $ 300.00 $ 250.00 $ 4,200.00 $ 11,250.00 2506.602 Seal manhole or Catch Basin 2506.602 4' Dia. Sanitary Manhole 8' Deep EA LF 5 40 5.00 45.29 $ 2,100.00 $ 1 10.00 $ 10,500.00 $ 4,981.90 2506.603 4' Dia .Sanitary Manhole Overdepth 2511.502 Random Riprap Class III CY 130 304.16 $ 100.00 $ 30,416.00 2511.515 Geotextile Fabric Type IV SY 13,000 11842.00 $ 1.90 $ 22,499.80- 2511.515 Geotextile Fabric Type V SY 1,700 733.00 $ 1.70 $ 1,246.10 2531.501 Concrete Curb and Gutter, B618 LF 14,900 14165.00 $ 8.05 $ 114,028.25 2531.507 2531.532 5" Concrete Driveway Pavement SY EA 500 491.00 $ 26.65 $ 13,085.15 Pedestrian Curb Ramp 12 14.00 $ 450.00 $ 6,300.00 2563.601 Traffic Control LS 1 1.00 $ 10,000.00 $ 10,000.00 2571.502 Mountain ash 2.0" Cal B &B EA 10 10.00 $ 198.00 $ 1,980.00 2571.502 Hackberry 2.0" Cal B &B EA 10 12.00 $ 198.00 $ 2,376.00 2571.502 Crabapple 2.0" Cal B &B EA 10 13.00 $ 198.00 $ 2,574.00 2573.502 Silt Fence, Heavy Duty • LF 3,500 6030.00 $ 2.10 $ 12,663.00 2573.602 Erosion Control, around Catch Basin EA 32 64.00 $ 100.00 $ 6,400.00 2575:501 Seeding Acre • 12 13.72 $ 300.00 $ 4,116.00 2575.502 Seed mix 50B LBS 600 985.00 $ 2.20 $ 2,167.00 2575.505 Sodding Type Lawn & Boulevard SY 9,000 13572.00 $ 2.45 $ 33,251.40 2575.523 Wood Fiber Blanket SY 6,000 14600.00 $ 1.20 $ 17,520.00 2575.608 Hydraulic Soil Stabilizer, Type 5 LBS . 9,000 16420.00 $ 0.50 $ 8,210:00 2564.602 Pavement Message (Right Arrow) Epoxy EA • 2 2.00 $ 150.00 $ 300.00 .2564.603 Linear Markings 4" Width Epoxy Solid Line White LF 12,200 12253.00 $ 0.20 $ 2,450.60 2564.603 Linear Markings 4" Width Epoxy Double Solid Line Yellow LF LF 6,040 29 5789.00 33.00 $ 0.40 $ 7.50 $ •,315.60 $ 247.50 $ 2,006,514.62 2564.603 Linear Markings 24" Width Epoxy Solid Line White 2005 -05B 12/15/2008 Memo DATE: December 24, 2008 TO: Mayor and City Council FROM: Sharon Harriso Finance Director RE: Arbitrage Compliance- Engagement Letter BACKGROUND All tax exempt bonds issued since 1986 are subject to federal arbitrage regulations. These regulations require that rebatable arbitrage be determined and reported every 5 years and at the time bonds are called or when bonds are paid in full. Attached is an engagement letter with the auditing firm of HLB Taugtes Redpath, Ltd. acknowledging our understanding of services regarding rebatable arbitrage calculations /reporting for the year 2009. The City has contracted with HLB Tautges Redpath, Ltd. several times in the past for just this same service and have been extremely pleased with the service provided. RECOMMENDATION Staff recommends hiring HLB Tautges Redpath, Ltd to perform arbitrage calculations /reporting for the City for the year 2009. 946292.1 HLB Tautges Redpath, Ltd. Certified Public Accountants and Consultants ENGAGEMENT LETTER - ARBITRAGE AGREED -UPON PROCEDURES December 23, 2008 City of Stillwater 216 North 4th Street Stillwater, MN 55082 We are pleased to confirm our understanding of the nature and limitations of the services we are to provide for the City of Stillwater, Minnesota. We will apply the agreed -upon procedures which the City has specified, listed in the attached schedule, to arbitrage compliance of the City as of the date of this letter prepared in accordance with IRS regulations. This engagement is solely to assist the City in complying with arbitrage regulations. Our engagement to apply agreed -upon procedures will be conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. The sufficiency of the procedures is solely the responsibility of those parties specified in the report. Consequently, we make no representation regarding the sufficiency of the procedures described in the attached schedule either for the purpose for which this report has been requested or for any other purpose. If, for any reason, we are unable to complete the procedures, we will describe any restrictions on the performance of the procedures in our report, or will not issue a report as a result of this engagement. Because the agreed -upon procedures listed in the attached schedule do not constitute an examination, we will not express an opinion on arbitrage compliance. In addition, we have no obligation to perform any procedures beyond those listed in the attached schedule. We will submit a report listing the procedures performed and our findings. This report is intended solely for the use of the City, and should not be used by anyone other than this specified party. Our report will contain a paragraph indicating that had we performed additional procedures, other matters might have come to our attention that would have been reported to you. You are responsible for establishing and maintaining internal controls, including monitoring ongoing activities; for obtaining the calculation of the arbitrage rebate liability in accordance with IRS regulations; and for selecting the criteria and for determining that such criteria are appropriate for your purposes. You are also responsible for making all management decisions and performing all management functions, for designating an individual with suitable skill, knowledge, and/or experience to oversee arbitrage calculations and tax return preparation services we provide; and for evaluating the adequacy and results of those 4810 White Bear Parkway White Bear Lake, Minnesota 55110 I 651 426 7000 651 426 5004 Fax I www.hlbtr.com HLB Tautges Redpath, Ltrt is a member of 115 International, a world -wide organization of accounting firms and business advisors. I Equal Opportunity Employer. City of Stillwater Arbitrage Agreed Upon Procedures Engagement December 23, 2008 Page 2 services and accepting responsibility for them. The employee assigned to oversee the arbitrage calculation and tax return preparation services is Sharon Harrison. Our fees for these services will be at are standard governmental hourly rates. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. We appreciate the opportunity to assist you and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. If the need for additional procedures arises, our agreement with you will need to be revised. It is customary for us to enumerate these revisions in an addendum to this letter. If additional specified parties of the report are added, we will require that they acknowledge in writing their responsibility for the sufficiency of procedures. Very truly yours, HLB TAUTGES REDPATH, LTD. Peggy A. Moeller, CPA PAM:cic RESPONSE: This letter correctly sets forth the understanding of the City of Stillwater, Minnesota. By: Title: Date: By: Title: Date: 946292.1 City of Stillwater Arbitrage Agreed Upon Procedures Engagement December 23, 2008 Page 3 Arbitrage Agreed Upon Procedures — Calendar Year 2009 946292.1 Responsible Party Procedure HLBTR City 1. Determine initial rebate computation requirements and computation periods. X 2. For bond issues requiring a rebate computation, provide the information as identified on the attached "client to provide" list. X 3. Prepare arbitrage rebate computations. X 946292.1 CITY OF STILLWATER, MINNESOTA Items needed for Arbitrage Rebate Calculation 2004A and 2004B Bond Issues 1. A schedule of cash transactions for each Debt Service and Capital Project Fund from inception through February 1, 2009. This schedule should indicate the date of the transaction, amount and type (receipt or disbursement). Earnings on investments must be identifiable. 2. Certificate of Purchaser or Underwriters Certificate. This document indicates if there was a re- offering price adjustment. 3. Arbitrage certificate or nonarbitrage certificate. 4. Finance Directors "Receipt of Delivery" certificate. This document details the amount received from the bond sale. 5. Forms 8038G — Information Return for Tax Exempt Government Obligations. 6. City resolutions authorizing issuance and awarding sale of each bond issue. 7. New Issuance Insurance Policy (if applicable). 8. Schedule of transfers out for the Capital Project Funds: • Fund number money was transferred to. • Amount of transfer. • Date of transfer. • Statement that the transfer was reimbursing expenditures already paid at the date of the transfer or the date of the actual expenditures made with the transferred funds. 946293.1 RESOLUTION 2009 -05 DESIGNATION OF DEPOSITORIES FOR 2009 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the following are hereby designated as City depositories for the Year 2009: Central Bank MJSK Investment Securities Bremer Bank Lake Elmo Bank Piper Jaffrey Paine Webber U.S. Bank Wells Fargo Bank Minnesota 4 -M Investment Fund Morgan Keegan Edward Jones Merrill Lynch Wachovia Securities, Inc. Northland Securities Solomon Smith Barney First State Bank & Trust Multi -Bank Securities, Inc. Adopted by Council this 6th day of January, 2009. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk Memorandum ti1twater Administration To: Mayor & City Council From: Diane Ward, City Clerk Date: 12/18/2008 Re: Transfer of Wine & Strong Beer liquor license As required, a public hearing must be held for the transfer of liquor licenses. A liquor license application has been received for the transfer of a Wine & Strong Beer liquor license from Bricco di Vino, Inc.; DBA: Cesare's Wine Bar to Domacin LLC, DBA: Domacin Wine Bar located at 102 S. 2nd Street. Approval for the license should be contingent upon approval by Police, Finance, Fire, Building Departments and Minnesota Liquor Control. ACTION REQUIRED: If Council desires to issue a new On -Sale liquor license they should pass a motion to adopt Resolution No. 2009- APPROVING TRANSFER OF OWNERSHIP OF THE WINE & STRONG BEER LIQUOR LICENSE APPROVING TRANSFER OF OWNERSHIP OF THE WINE & STRONG BEER LIQUOR LICENSE WHEREAS, an application has been received for a the transfer of a Wine & Strong Beer liquor license from Bricco di Vino, Inc.; DBA: Cesare's Wine Bar to Domacin LLC, DBA: Domacin Wine Bar located at 102 S. 2nd Street; and WHEREAS, a public hearing on the new liquor license was held on January 6, 2009; and WHEREAS, all required forms have been submitted and fees paid. NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the transfer of ownership of the Wine & Strong Beer Liquor license conditioned upon approval by Police, Fire, Building Inspection and Finance Departments, and Minnesota Liquor Control. Adopted by Council this 6th day of January, 2009 Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk TO: Mayor & City Council FROM: Bill Turnblad, Community Development Director DJ DATE: December 30, 2008 MEETING DATE: January 6, 2009 REGARDING: SELECT SENIOR LIVING OF STILLWATER LOCATION: 12525 - 75th Street (Co. Rd. 12) Just east of Rutherford Elementary School BACKGROUND On December 16, 2008 the City Council approved the final plat for this project. The Council also approved: 1) the first reading of the ordinance rezoning the property from AP, Agricultural Preservation to LR, Lakeshore Residential; 2) the first reading of the ordinance amendment to allow a senior care living facility by Special Use Permit in the LR zoning district; and 3) approval of the draft Development Agreement for the project. Before the Council on January 6, 2009 for consideration is: 1) Approval of the second reading (and adoption) of the ordinance to rezone the property from AP, Agricultural Preservation to LR, Lakeshore Residential; 2) Approval of the second reading (and adoption) of the ordinance amending the zoning code to allow senior care living facilities by Special Use Permit in the LR, Lakeshore Residential Zoning District; and 3) Approval of the final draft of the Development Agreement. COMMENTS • Attached are the two ordinances as approved by the City Council at the first reading. No changes were requested by the Council. Select Sr Living of Stillwater Page 2 of 2 • The attached Development Agreement is consistent with the draft version approved by the Council on December 16th. The only changes of substance are: o Blanks have been filled in. o The county requirement to construct turn lanes now instead of when the rest of the property in the area develops is included in the final draft. Since the developer will be constructing County Road improvements for the whole neighborhood, a credit against the transportation impact fee for constructing the other property owners' portion of these improvements is included. This credit arrangement was approved by the Council. attachments: Rezoning Ordinance Zoning Code Amendment Ordinance Development Agreement Resolution Development Agreement 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. effect. Section 3. In all other ways the Stillwater City Code shall remain in full force and Adopted by the City Council this day of , 2009. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane Ward, City Clerk Exhibit A Shaded property rezoned temporarily to RE, Two-Family Residential; thereafter to be zoned LP, Lakeshore Residenti,l • 1 \ ! % 1.1 �'1 % /1 —_-- -� �� e Long Lake \ 2009. 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 of the "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 CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane Ward, City Clerk RESOLUTION NO. 2009- A RESOLUTION APPROVING THE DEVELOPMENT AGREEMENT 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, on September 16, 2008 the City Council held a public hearing and approved the preliminary plat for SELECT SENIOR LIVING OF STILLWATER.; and WHEREAS, on December 16, 2008 the City Council held a public hearing and approved the final plat of SELECT SENIOR LIVING OF STILLWATER and the draft Development Agreement for the project; and WHEREAS, the final draft of the Development Agreement is consistent with the draft Development Agreement. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the Development Agreement for the plat of SELECT SENIOR LIVING OF STILLWATER. Enacted by the City Council of the City of Stillwater, Minnesota this 6th day of January, 2009. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk Execution Draft: 12/30/08 DEVELOPMENT AGREEMENT RELATING TO THE SELECT SENIOR LIVING OF STILLWATER PROJECT BY AND BETWEEN THE CITY OF STILLWATER, 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 TOSELECT 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 , 2009, 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, 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 pelniits. 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 Disability. 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 perfoiuiance 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 Litigation. 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 §5.03 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 §5.03 of this Agreement for the costs associated with completion of the work referred in this Section. 2 SECTION 5. SECURITY. 5.01 Consultant Fees and Charges. 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 §5.03 of this Agreement for the amount of the delinquent payment. 5.02 Payment of Connection, Area and Hook —up Charges. Developer must pay to the City before releasing the final plat for recording the following charges: (A) Lot 1, Block 1: Area Charges Unit (Ac.) Rate Total 1) Trink Sanitary Sewer and Water 2) Trout Stream Mitigation Charge 3) Transportation Adequacy charge 5.665 Ac. $10,971 /acre $17,414 /acre $14,820 /acre' $62,150.72 $98,650.31 $83,955.53 Total Area Charges $244,7.56.56 Connection Charges Unit Rate Total City Sewer Connection City WAC To Be Determined by Met Council Analysis Park Dedication Payment in Lieu of Land $26,250.00 Trail Dedication Payment in Lieu of Improvements $23,375.002 Total Park & Trail Charges $49,625.00 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. 2 Costs of public trail construction, as verified by the City Engineer, shall be credited against this $23,375 charge. 3 (B) Lot 1, 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 §5.03. 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, Changes. 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. 6.04 Indemnity. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its officers, employees, contractors and agents, in connection with any 4 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 During 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 Regulations. 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 Stoini 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 Grading 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 the building sites, stoiiii water holding ponds, surface drainage ways, private driveways, private streets, and other areas that will be disturbed as part of the construction of any 5 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 foini of a deposit letter or other surety of credit as described in §5.03. 7.05 Damage 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, stolin 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 Landscaping. 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. SECTION 9. INDEMNIFICATION. 9.01 Indemnification. Developer agrees to defend and hold the City, and its officials, employees and agents, haunless against any and all claims, demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable attorney's fees, 6 arising out of actions or omissions by Developer, its employees and agents, in connection with the Public Improvements. 9.02 Enforcement by City; Damages. 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, any one 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 any one 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 perfotmance of any provision of this Agreement or recover any amounts due under this Agreement from Developer or under the Security described in §5.03 (C) Undertake to complete the Developer Improvements itself, through its agents or through independent contractors and before the undertaking, draw upon the Security described in §5.03 for the full amount of the estimated work. 7 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 Governing. This Agreement shall be governed by and construed in accordance with the laws of the 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 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. 8 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. ATTEST: Diane F. Ward, Its City Clerk 9 CITY: CITY OF STILLWATER Ken Harycki, Its Mayor DEVELOPER: STILLWATER SELECT PROPERTIES, LLC, a Minnesota limited liability company By: Its: 1 STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON On this day of , 2009, 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 , 2009, 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 1 EXHIBIT A 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 B PUBLIC IMPROVEMENTS The Developer must create a four - legged intersection with County Road 12 and Minar Avenue. 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 two turn lanes for the entrance to the site as required by the Washington County Highway Department. The turn lanes must be constructed according to a design approved by the Washington County Highway Department. The cost of these turn lanes, as verified by the City Engineer, shall be credited against the Transportation Impact Fee required by the City. The Developer must construct a pedestrian and bike trail as shown on the plans, and convey an easement to the 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 Avenue 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 C 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 D CERTIFICATE OF COMPLETION WHEREAS, the CITY OF STILLWATER, 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 , 2009, (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 , 2009. STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON CITY OF STILLWATER Ken Harycki, Its Mayor ATTEST: Diane F. Ward, Its City Clerk On this day of , 2009, 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 Memorandum. To: Mayor and City Council From: Diane Ward, City Clerk Date: 12/31/2008 Subject: Election of Vice Mayor DISCUSSION: As required by City Charter, Article VI, Section 6.02, the Council must elect one of the members to be vice mayor who will act as Mayor Pro Tempore during the temporary absence or disability of the Mayor. ACTION REQUIRED: Elect a vice mayor and adopt Resolution No. 2009- , DESIGNATING COUNCIL VICE -MAYOR FOR 2009. Memorandum To: Mayor and City Council From: Diane Ward, City Clerk Date: 1/2/2009 Subject: Council Representative Appointments The following Boards /Commissions need a Council representative appointment for 2009. JOINT CABLE COMMISSION Noting Member) Current Representative — Councilmember Gag PLANNING COMMISSION (Voting Member) PARKS BOARD (Voting Member) HERITAGE PRESERVATION COMMISSION (Non - voting Member) Current Council Representative — Councilmember Gag HUMAN RIGHTS COMMISSION (Non - voting Member) Current Council Representative — Councilmember Polehna LUMBERJACK DAYS ADVISORY COMMITTEE — 2 Council Representatives LUMBERJACK DAYS MUSIC COMMITTEE — 1 Council Representative MIDDLE ST. CROIX WATERSHED MANAGEMENT ACTION REQUIRED: Council should pass a motion assigning Council representatives to Boards /Commissions /Committees listed above. TO: Mayor & City Council FROM: Bill Turnblad, Community Development Director DATE: December 30, 2008 RE: Municipal Parking Ramp: Interim Parking Plan Chestnut Building parking lease Background Construction on the municipal parking ramp will begin in February. Completion of construction is targeted for November. During that 10 month period, parking in the area will be challenging. Four existing parking lots will be unavailable during ramp construction. Those lots are: 1) the small Rivertown Commons parking lot on city property (8 spaces); 2) the city parking lot just south of Rivertown Commons (28 spaces); 3) the Lowell Inn parking lot (46 spaces); and 4) the Trinity Lutheran Church parking lot on 3rd Street (28 spaces, which includes the 3 on city property). Consequently, city staff has been working with the Parking Commission and the most directly impacted landowners to put together an interim parking plan. The Parking Commission approved this plan on December 18, 2008. The key elements of the interim plan can be seen on the attached graphic. They include: • Provide 8 interim stalls of reserved on- street parking for Rivertown Commons residents. This replaces their 8 spaces temporarily lost during construction. • Provide 48 interim reserved spots for the Lowell Inn. These spots include 18 reserved on- street parking spots, 6 reserved spots in the Chestnut Building lot kitty- corner from the Lowell Inn (if lease is approved by the City Council), and 24 reserved spots in the city lot located at the corner of Olive and 2nd Streets. These spaces replace the existing 46 parking lot spots and four on- street handicapped spots in front of the Lowell Inn. Request As mentioned above, one element of the interim parking plan is the lease of 6 spaces in the private lot located kitty- corner across Myrtle Street from the Lowell Inn. This lot is associated with the Chestnut Building. These 6 spaces are critical to the Lowell Inn for December 30, 2008 Page 2 its restaurant customers. So, staff has negotiated a lease for the 6 spaces, which both staff and the Downtown Parking Commission request the City Council to approve. Comments about lease The terms of the lease can be seen in the attached draft version. Parking stalls in the Chestnut Building lot are currently leasing for about $33 per month. This price was too expensive for the City and therefore the Parking Commission recommended a price of $20 per space per month. Half of that lease cost would be paid from parking revenues; the other half would be paid from the community development department's operating budget for 2009. In order to make the lease acceptable to the property owner, the city would also agree to remove the piled snow from the lot. The owner would plow the snow and pile it in three or four stalls. The city's public works crews would remove the snow. Since the public works crews remove snow from public lots downtown already, it is not much additional work to remove stored snow from this lot. But it would save the Chestnut Building owner's money and would keep the four spaces open more often during the winter. This arrangement is acceptable both to the property owner and to the public works department. Recommendation The Downtown Parking Commission and city staff recommend approval of the attached lease. Attachments: Interim Parking Plan Lease LEASE CHESTNUT, LLC, a Minnesota limited liability company, (the "Landlord "), hereby grants to the CITY OF STILLWATER, Washington County, Minnesota, (the "City"), a Lease of six (6) parking stalls on the property located at 200 East Chestnut Street, Stillwater, Minnesota, on the following terms: 1. The parking stalls to be leased are shown on the map attached hereto as Exhibit "A" (the "Stalls "). 2. The City will pay to the Landlord rent of $120.00 per month for all six Stalls that will be due on the 5th day of each month beginning January 5, 2009, to be paid by electronic transfer to the account of Landlord, the account will be designated by Landlord by separate writing, or in any other reasonable manner requested by Landlord. 3. The term of the Lease will end January 1, 2010, unless terminated earlier by the City on two weeks written notice. 4. The Stalls will be available for public parking 24 hours per day and 7 days per week during the rental term. 5. Signs describing the public use will be provided by the City on poles installed by the Landlord. 6. The City must provide insurance coverage for the public use of the Stalls, subject to the limits of Tort Liability for Cities as established by the Statutes of Minnesota, and the City will indemnify and hold Landlord harmless for injuries or damages that arise out of the public use of the Stalls. 7. Landlord is responsible for winter snow and ice removal, however, the City will remove snow from the parking structure where the snow will be left in piles by the Landlord's snowplow contractor. Snow will be hauled away by the City within 48 hours of a snowfall that exceeds six inches, and will be hauled away after a lighter snowfall if required by the Landlord. 8. The City must keep the Stalls clean and in good condition. 9. The City may not store property of any kind on the leased property. 10. No more than one motor vehicle may be housed or parked in each Stall and no motor vehicle may be parked in any Stall more that 24 consecutive hours. 11. The City's rights under the Lease are exclusive to the City and non — assignable, and may not be sublet, except by written approval of the Landlord. 12. Violation of any term of this Lease, including the payment of rent and all conditions that remain uncured for ten (10) days after notice, will give the Landlord the right to declare the Lease terminated. 13. Landlord and the City shall provide to the other contact information, including telephone numbers, that the Landlord and the City can reach one another in an emergency and telephone numbers of persons to be contacted in case of emergency. IN WITNESS WHEREOF, the City and Landlord, have executed this Lease this day of , 2009. LANDLORD: CHESTNUT, LLC, a Minnesota limited liability company By: Its: CITY: CITY OF STILLWATER Ken Harycki, Its Mayor ATTEST: Diane F. Ward, Its City Clerk Exhibit A Chestnut Building Parking Lot City lease of parking stalls Snow to be piled in the 4 stalls marked with red stars PARKING RAMP Interim Parking Plan 5 on- street spots reserved Rivertown Commons 3 on- street spots reserved for Rivertown Commons Foot•rint of munici•al ram 2 on- street sots reserved for Lowell Inn 5 on- street sots reserved for Lowell Inn ',310°V.\ 260' radius from Lowell Inn front door 2 on- street spots reserved for Lowell Inn on- street spots for Lowell Inn 6 .rivate lot s•aces reserved for Lowell Inn 5 on- street spots reserved for Lowell Inn c$ 1000 24 Spaces Reserved for Lowell Inn: Valet Parking Only a December 5, 2008 .1111111111!°11. ■111 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL CITY OF STILLWATER, MINNESOTA HELD: January 6, 2009 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Stillwater, Washington County, Minnesota, was duly held at the City Hall on January 6, 2009, at P.M. for the purpose in part of authorizing the competitive negotiated sale of the $1,445,000 General Obligation Capital Outlay Bonds, Series 2009A. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $1,445,000 GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 2009A A. WHEREAS, the City Council of the City of Stillwater, Minnesota (the "City "), has heretofore determined that it is necessary and expedient to issue $1,445,000 General Obligation Capital Outlay Bonds, Series 2009A (the "Bonds") to finance 2009 capital outlay needs of various City departments pursuant to Minnesota Statutes, Chapter 475 and Sections 10.5 and 10.6 of the City Charter, as more fully described in Exhibit B attached hereto; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ( "Springsted "), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, as follows: 1. Authorization. The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Bonds. 2. Meeting; Proposal Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The City Clerk or designee, shall open proposals at the time and place specified in such Terms of Proposal. 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 2273770v1 4. Official Statement. In connection with the sale, the City Clerk and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by member and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk 2273770v1 2 STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF STILLWATER I, the undersigned, being the duly qualified and acting City Clerk of the City of Stillwater, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council duly called and held on the date therein indicated, insofar as such minutes relate to the City's $1,445,000 General Obligation Capital Outlay Bonds, Series 2009A. WITNESS my hand on January , 2009. City Clerk 2273770v1 3 2273770v1 EXHIBIT A Terms of Proposal A -1 2273770v1 EXHIBIT B SCHEDULE OF 2009 BONDED CAPITAL OUTLAY DEPARTMENT PROJECT COSTS $ TOTAL PROJECT COSTS $ B -1 Sprtngsted December 30, 2008 Ms. Sharon Harrison Finance Director City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, MN 55101 -2887 Tel: 651 - 223 -3000 Fax: 651 - 223 -3002 www.springsted.com Re: Recommendations for the Issuance of $1,455,000 General Obligation Capital Outlay Bonds, Series 2009A Dear Ms. Harrison: We have enclosed an electronic copy of our recommendations for the above - captioned issue for distribution to Council members and City staff prior to your meeting on Tuesday, January 6, 2009. If you should have any questions pertaining to the enclosed documents, or if you require additional copies, please do not hesitate to contact us. Sincerely, unto life 1/ "O94 4 Christine Hogan Project Manager smc Enclosures Recommendations For City of Stillwater, Minnesota $1,455,000* General Obligation Capital Outlay Bonds, Series 2009A 'Preliminary; subject to change Presented to: Mayor Ken Harycki Members, City Council Mr. Larry Hansen, City Administrator Ms. Sharon Harrison, Finance Director City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Study No.: 000784102 SPRINGSTED Incorporated December 30, 2008 Springsted RECOMMENDATIONS Re: Recommendations for the Issuance of $1,455,000* General Obligation Capital Outlay Bonds, Series 2009A (the "Bonds" or the "Issue ") We respectfully request your consideration of our recommendations for the above -named Issue. Bond proceeds will be used to finance the 2009 capital outlay needs of various City departments. We recommend the following for the Bonds: 1, Action Requested 2. Sale Date and Time 3. Method of Sale 4. Authority for the Bonds 5. Principal Amount of the Bonds *Preliminary; subject to change To establish the date and time of receiving bids and establish the terms and conditions of the offering. Tuesday, February 3, 2009 at 10:00 A.M. with award by the City Council at 7:00 P.M. the same day. The Bonds will be sold using a competitive sale method. In the interest of obtaining as many bids as possible, we have included a provision in the attached Terms of Proposal for underwriters to submit their bid electronically through the electronic bidding platform of PARITY®. In addition, physical bids (by phone or fax) will be accepted at the offices of Springsted. In the past we have permitted two means of providing the good faith deposits; either by certified /cashier's check or a financial surety bond. Recently the sole provider of the financial surety bond for this purpose has imposed additional restrictions on its participants. In response, we are allowing an additional means of providing the good faith deposits, whereby Springsted would serve as your agent for the purpose of receiving good faith deposits submitted by wire transfer. The Bonds are being issued pursuant to Minnesota Statutes, Chapter 475 and the City Charter. $1,455,000* *Included in the Terms of Proposal for the Bonds is a provision that permits the City to increase or reduce the principal amount of the Bonds in any of the maturities. This allows for any necessary adjustments required based on final interest rates to meet the City's first year levy constraint. City of Stillwater, Minnesota December 30, 2008 6. Repayment Term 7. Security, Source of Payment and First Payment Cycle (a) Security (b) Source of Payment (c) First Payment Cycle 8. Prepayment Provisions 9. Credit Rating Comments 10. Federal Treasury Regulations Concerning Tax - Exempt Obligations (a) Bank Qualification The Bonds will mature annually February 1, 2010 through 2017. Interest will be payable semi - annually each February 1 and August 1, commencing August 1, 2009. The Bonds will be general obligations of the City, secured by its full faith and credit and taxing power. The Bonds will be repaid with ad valorem property taxes. The City first levied in anticipation of this Issue in 2008 for collection in 2009 in the amount of $220,000. Beginning with the 2009 tax levy, each year's tax levy collection will be used to make the interest payment due on August 1 during the year of collection and the principal and interest payment due February 1 of the following year. Due to their short duration, the Bonds will not be subject to payment in advance of their stated maturity dates. An application will be made to Moody's Investors Service for a rating on the Bonds. The City's general obligation debt is currently rated "Aa3 ". Under Federal Tax Law, financial institutions cannot deduct from income for federal income tax purposes, expense that is allocable to carrying and acquiring tax - exempt bonds. There is an exemption to this for "bank qualified" bonds, which can be so designated if the issuer does not issue more than $10 million of tax - exempt bonds in a calendar year. Issues that are bank qualified generally receive lower interest rates than issues that are not bank qualified. Since the City does not expect to issue more than $10 million of tax - exempt bonds in 2009, this Issue is designated as bank qualified. Page 2 City of Stillwater, Minnesota December 30, 2008 (b) Arbitrage Compliance (i) Rebate (10 Yield Restriction (c) Economic Life (d) Federal Reimbursement Regulations All tax - exempt issues are subject to the federal arbitrage and rebate requirements, which require all excess earnings created by the financing to be rebated to the U.S. Treasury. The requirements generally cover two categories: bond proceeds and debt service funds. There are exemptions from rebate that may apply in both of these categories. There is a "small issuer" exemption from rebate for a municipality that issues $5 million or less in a calendar year. Since the City does not expect to issue more than $5 million in tax - exempt obligations in 2009, this Issue is exempt from rebate; however; the yield restriction provision will apply (see next section). The City must maintain a bona fide debt service fund for the bonds or be subject to yield restriction. Yield restriction requires restricting the investment return in the debt service fund to the yield on the Bonds. A bona fide debt service fund is a fund for which there is an equal matching of revenue to debt service expense, with carry over permitted equal to the greater of the investment earning in the fund during the prior year or 1/12 the debt service of the prior year. Additionally, all original proceeds of bonds and interest earnings on those proceeds must be expended within three years, or the remaining proceeds will be subject to yield restriction. The City should monitor both the debt service fund and the project fund to make sure yield restriction provisions of the federal arbitrage rules are met. The average life of the Bonds cannot exceed 120% of the economic life of the projects to be financed. The capital outlay needs being financed by the Bonds range in economic life from 3 to 20 years. The average life of the Bonds is 4.659 years; therefore the Bonds are within the economic life requirements. Federal reimbursement regulations require the City to make a declaration, within 60 days of the actual payment, of its intent to reimburse itself from expenses paid prior to the receipt of bond proceeds. It is our Page 3 City of Stillwater, Minnesota December 30, 2008 11. Continuing Disclosure 12. Attachments understanding the City has taken whatever actions are necessary to comply with the federal reimbursement regulations in regards to the Bonds. The Bonds are subject to continuing disclosure requirements set forth by the Securities and Exchange Commission (SEC). The SEC rules require the underwriter of the Bonds to provide an annual update of certain Official Statement information and report any material events to bondholders. The purchaser therefore requires the City to commit to providing such information under a continuing disclosure agreement or "undertaking ". If the City does not enter into such an agreement prior to the offering of the debt, underwriters will not offer a bid to purchase the Bonds. We understand that the City does their own continuing disclosure filing and will continue that practice with the Bonds. • List of Capital Outlay Projects • Sources and Uses of Funds • Debt Service Schedule • Terms of Proposal DISCUSSION Proceeds of the Bonds will finance the 2009 capital outlay needs of various City departments. The City has provided a list of the assets' costs by department, as shown on pages 6 through 8. The sources and uses of funds for the Bonds are shown on page 9. The Bonds have been structured over a term of eight years. In consultation with City staff, the principal due in the first year has been structured around the City's 2008 levy in the amount of $220,000 with level debt service payments thereafter. Each year's collection of taxes will be used to make the August 1 interest payment in the year of collection and the February 1 principal and interest payment in the following year. We have included a provision in the Terms of Proposal to allow for any adjustments to the maturity schedule necessary to match the first year's debt service to the levy. The principal repayment structure for the Bonds is shown on page 10. Page 10 contains the following information: • Columns 1 through 6 show the year the tax levy is made, the principal payment dates, the annual principal payments, estimated interest rates and projected total principal and interest payments, given the current market environment. Page 4 City of Stillwater, Minnesota December 30, 2008 • Column 7 shows the 5% overlevy which is required by State statutes and serves as a protection to bondholders and the City in the event of delinquencies in the collection of taxes. Market Conditions The disruptions being experienced by the market are well documented. At the same time, the market is also showing that it is receptive to sales such as you propose. Good municipal credits in reasonably sized transactions are receiving bidding interest from multiple bidders. Interest rates have increased since mid - August, and are out of balance with taxable rates but never the less, not unreasonable on their face. Springsted will continue to monitor market conditions and advise staff prior to your sale if those conditions warrant action on your part or suggest an alternate course. Springsted is pleased to again be of service to the City of Stillwater. Respectfully submitted, SPRINGSTED Incorporated CMH smc Page 5 CITY OF STILLWATER, MINNESOTA SCHEDULE OF 2009 CAPITAL OUTLAY DEPARTMENT Account Name GENERAL FUND Ma Network Backup Solution 12,000 Computer Equipment Recabling of City Hall 25,000 Computer Equipment Servers 7,000 Computer Equipment Network Infrastructure Upgrade 20,000 Computer Equipment Computer Replacement (1) 1,200 Computer Equipment Anti -virus Software 4,200 Computer Equipment Microsoft Licensing 12,200 Computer Equipment Surf Control Licensing 4,000 Computer Equipment Phone System Upgrade 7,000 Computer Equipment Total MIS 92,600 Finance Computer Replacement (2) 2,400 Total Finance 2,400 Computer Equipment Administration Computer Replacement (2) 2,400 Computer Equipment Portable Projector 1,200 Computer Equipment Postage Machine 6,000 Computer Equipment Total Administration 9,600 Community Development Computer Replacement (1 Computer, 1 Laptop) 2,700 ArcView Spactial Analyst Software 2,500 Total Community Development 5,200 Computer Equipment Computer Equipment Police Computer Replacement (2) 2,400 Computer Equipment MDC Replacement 20,000 Computer Equipment In -Car Video Systems 15,000 Computer Equipment Laserfiche 2,500 Computer Equipment Projector 1,800 Computer Equipment Marked Patrol Vehicles (3) 100,000 Automotive Equipment Unmarked Police Vehicle (1) 27,000 Automotive Equipment Radar Units 2,500 Machinery & Equipment Handguns 15,000 Machinery & Equipment Tasers 4,000 Machinery & Equipment Total Police 190,200 Page 6 Eke GPS Units 2,000 Computer Equipment Computer Replacement (Laptop) 5,200 Computer Equipment Smart Board 2,000 Computer Equipment Tum Out Gear 8,500 Machinery & Equipment Fire Engine Replacement (for future purchase) 100,000 Automotive Equipment Fire Hose & Gear Dryer 10,000 Machinery & Equipment Paint Apparatus Bay 10,500 Improvements Chief Response /Command Vehicle 40,000 Automotive Equipment Total Fire 178,200 Building Inspections Workstation Replacement (2) 9,000 Machinery & Equipment Total Building Inspections 9,000 Civil Defense Smart Board 2,000 Computer Equipment Total Civil Defense 2,000 Engineering Computer Replacement (2) 2,400 Computer Equipment Total Engineering 2,400 Streets Computer Replacement (1) 1,200 Computer Equipment Asphalt Roller Trailer 7,500 Machinery & Equipment Grader or Loader 155,000 Machinery & Equipment Asphalt Hot Box 24,000 Machinery & Equipment Wood Chipper 35,000 Machinery & Equipment Total Streets 222,700 TOTAL GENERAL FUND $ 714,300 Page 7 ST CROIX VALLEY RECREATION CENTER FUND St Croix Valley Recreation Center Ice Arena Computer Replacement (2) 2,400 Computer Equipment POS Terminal 2,500 Computer Equipment Bobcat Toolcat 25,000 Machinery & Equipment Ice Resurface Machine (1/2) 90,000 Machinery & Equipment Total St Croix Valley Recreation Center Ice Arena 119,900 St Croix Valley Recreation Center Fieldhouse Insulation 70,000 Improvements New Turf for Field House in 2010 60,000 Improvements Total St Croix Valley Recreation Center Fireldhouse 130,000 j jly Lake Refrigeration Retrofit (for future purchase in 2010) 168,000 Improvements Total Lily Lake 168,000 TOTAL ST CROIX VALLEY RECREATION CENTER $ 417,900 LIBRARY FUND Operations Computer Replacement Program 23,000 Computer Equipment Printer Replacement 3,000 Computer Equipment Cabling 1,000 Computer Equipment Laptop Computers 2,000 Computer Equipment SelfCheck 24,000 Machinery & Equipment System Software 1,000 Computer Equipment Public Computer Stations 5,000 Computer Equipment Audiovisual Equipment 2,500 Machinery & Equipment Total Library Operations 61,500 Plant Building Monitoring Improvement 2,000 Computer Equipment Total Library Plant 2,000 TOTAL LIBRARY FUND $ 63,500 PARKS Park Improvements 80,000 Improvements Trail Improvements 25,000 Improvements Millbrook Park 67,500 Improvements Lawn Tractor 45,000 Machinery & Equipment Trurf Replacement -Teddy Bear Park (2011 Purchase) 5,000 Improvements TOTAL PARKS FUND $ 222,500 TOTAL 2009 CAPITAL OUTLAY $ 1,418,200 Page 8 $1,455,000 City of Stillwater, Minnesota General Obligation Capital Outlay Bonds Series 2009A Sources & Uses Dated 02/15/2009 Delivered 02/15/2009 Sources Of Funds Par Amount of Bonds $1,455,000.00 Total Sources $1,455,000.00 Uses Of Funds Deposit to Project Construction Fund 1,418,200.00 Costs of Issuance 26,525.00 Total Underwriter's Discount (0.700 %) 10,185.00 Rounding Amount 90.00 Total Uses $1,455,000.00 GO Capital Outlay Fonds. / SINGLE PURPOSE / 12/18/2008 / 4:32 PM Springsted Page 9 $1,455,000 City of Stillwater, Minnesota General Obligation Capital Outlay Bonds Series 2009A DEBT SERVICE SCHEDULE (1) (2) (3) (4) (5) (6) (7) Levy Year Date Principal Coupon Interest Total P +I 105% Levy 2008 02/01/2010 155,000.00 2.850% 51,366.58 206,366.58 216,684.91 2009 02/01/2011 165,000.00 3.100% 49,027.50 214,027.50 224,728.88 2010 02/01/2012 175,000.00 3.350% 43,912.50 218,912.50 229,858.13 2011 02/01/2013 180,000.00 3.550% 38,050.00 218,050.00 228,952.50 2012 02/01/2014 185,000.00 3.750% 31,660.00 216,660.00 227,493.00 2013 02/01/2015 190,000.00 3.950% 24,722.50 214,722.50 225,458.63 2014 02/01/2016 200,000.00 4.150% 17,217.50 217,217.50 228,078.38 2015 02/01/2017 205,000.00 4.350% 8,917.50 213,917.50 224,613.38 Total $1,455,000.00 $264,874.08 $1,719,874.08 $1,805,867.78 SIGNIFICANT DATES Dated 2/15 /2009 Delivery Date 2/15/2009 First Coupon Date 8/01/2009 Yield Statistics Bond Year Dollars $6,778.42 Average Life 4.659 Years Average Coupon 3.9076099% Net Interest Cost (NIC) 4.0578662% True Interest Cost (TIC) 4.0629372% Bond Yield for Arbitrage Purposes 3.8936086% All Inclusive Cost (AIC) 4.5119544% IRS Form 8038 Net Interest Cost 3.9076099% Weighted Average Maturity 4.659 Years Interest rates are estimates. Changes in rates may cause significant alterations to this schedule. The actual underwriter's discount bid may also vary. Cxpil.G Outlay f& d, / SINGLE VRIOSE / 12/1S/2008 / 4:82FA1 Springsted Page 10 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $1,455,000* CITY OF STILLWATER, MINNESOTA GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 2009A (BOOK ENTRY ONLY) Proposals for the Bonds and the Good Faith Deposit ( "Deposit ") will be received on Tuesday, February 3, 2009, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time proposals will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. (a) Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal. OR (b) Electronic Bidding. Notice is hereby given that electronic proposals will be received via PARITY®. For purposes of the electronic bidding process, the time as maintained by PARITY® shall constitute the official time with respect to all Bids submitted to PARITY®. Each bidder shall be solely responsible for making necessary arrangements to access PARITY® for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY® shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY. The City is using the services of PARITY® solely as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY® is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITY®, this Terms of Proposal shall control. Further information about PARITY®, including any fee charged, may be obtained from: PARITY®, 1359 Broadway, 2nd Floor, New York, New York 10018 Customer Support: (212) 849 -5000 * Preliminary; subject to change. Page 11 DETAILS OF THE BONDS The Bonds will be dated February 15, 2009, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2009. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts* as follows: 2010 $155,000 2012 $175,000 2011 $165,000 2013 $180,000 * 2014 $185,000 2016 $200,000 2015 $190,000 2017 $205,000 The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be made in multiples of $5,000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption and must conform to the maturity schedule set forth above. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar, which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The Bonds will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. The proceeds will be used to finance 2009 capital outlay needs of various City departments. Page 12 BIDDING PARAMETERS Proposals shall be for not less than $1,444,815 and accrued interest on the total principal amount of the Bonds. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates are not required to be in level or ascending order; however, the rate for any maturity cannot be more than 1% lower than the highest rate of any of the preceding maturities. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. GOOD FAITH DEPOSIT Proposals, regardless of method of submission, shall be accompanied by a Deposit in the amount of $14,550, in the form of a certified or cashier's check, a wire transfer, or Financial Surety Bond and delivered to Springsted Incorporated prior to the time proposals will be opened. Each bidder shall be solely responsible for the timely delivery of their Deposit whether by check, wire transfer or Financial Surety Bond. Neither the City nor Springsted Incorporated have any liability for delays in the transmission of the Deposit. Any Deposit made by certified or cashier's check should be made payable to the City and delivered to Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota 55101. Any Deposit sent via wire transfer should be sent to Springsted Incorporated as the City's agent according to the following instructions: Wells Fargo Bank, N.A., San Francisco, CA 94104 ABA #121000248 For credit to Springsted Incorporated, Account #635- 5007954 Contemporaneously with such wire transfer, the bidder shall send an e-mail to bond_services @springsted.com, including the following information; (i) indication that a wire transfer has been made, (ii) the amount of the wire transfer, (iii) the issue to which it applies, and (iv) the return wire instructions if such bidder is not awarded the Bonds. Any Deposit made by the successful bidder by check or wire transfer will be delivered to the City following the award of the Bonds. Any Deposit made by check or wire transfer by an unsuccessful bidder will be returned to such bidder following City action relative to an award of the Bonds. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota and pre- approved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that underwriter is required to submit its Deposit to the City in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. Page 13 The Deposit received from the purchaser, the amount of which will be deducted at settlement, will be deposited by the City and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking ") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2- 12(b)(5). Page 14 OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, '380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 60 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated January 6, 2009 BY ORDER OF THE CITY COUNCIL /s/ Diane Ward City Clerk Page 15 Memorandum To: Mayor and City Council From: Diane Ward, City Clerk Date: 12/31/08 Re: Designation of Legal Publications for 2009 The City has received the attached proposals from The Stillwater Gazette, The Courier, and Press Publications to provide legal publication services to the City. The Gazette has not raised their rates from last year $4.05 per column inch for the first insertion ($3.20 per inch for subsequent insertions of the same legal notice) and The Courier's rate is $3.50 per inch (for subsequent insertions of the same legal notice is $3.00 per inch) and Press Publications' rate is $3.75 per inch. For over 13+ years, the legal publications have been shared between the Gazette and the Courier. The Gazette has published the legal notices and the Courier has published the proceedings of the meetings as required by the City Charter. Both the Gazette and Courier have provided timely and required services in the past. Even though the Stillwater Gazette's rate is higher, it is a daily paper so the requirements for legal publications are easily met. The Courier and Press Publications on the other hand are weekly papers so the requirement for legal publications would be more difficult to achieve. RECOMMENDATION: It is recommended that the City continue with past practice and utilize the Stillwater Gazette for its legal publications and the Courier for the publication of proceedings. ACTION REQUIRED: If Council agrees with the recommendation, they should pass a motion adopting a resolution designating the Stillwater Gazette for legal publications and the Courier for proceeding publication and approving contracts with the Stillwater Gazette and Courier. DESIGNATING THE STILLWATER GAZETTE (LEGAL PUBLICATIONS) AND STILLWATER COURIER (PROCEEDINGS) AS THE CITY'S LEGAL PUBLICATION AND APPROVING CONTRACT WITH THE STILLWATER GAZETTE AND STILLWATER COURIER FOR 2009 WHEREAS, the City is required to designate a legal newspaper every year; and WHEREAS, the City's Charter requires legal publication of the City Council proceedings. NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council as follows: 1. The Stillwater Gazette is hereby designated as the City's official publication for all legal notices. 2. The Stillwater Courier is hereby designated as the City's official publication for all City Council proceedings. 3. That the contracts for The Stillwater Gazette and Stillwater Courier are hereby approved and authorizes the Mayor and City Clerk to sign the contracts on behalf of the City. Adopted by the Stillwater City Council this 6th day of January 2009. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk AGREEMENT FOR OFFICIAL NEWSPAPER - CITY OF STILLWATER LEGAL NOTICES FOR THE YEAR 2009 THIS AGREEMENT, made and entered into this 6th day of January, 2009 by and between THE STILLWATER EVENING GAZETTE, hereinafter called the "Contractor ", and the CITY OF STILLWATER, a municipal corporation of Washington County, Minnesota, hereinafter called the "City" WITNESSETH, that the Contractor and the City, for the consideration hereinafter specified, agree as follows: 1. The Contractor agrees that The Stillwater Evening Gazette is, and for the term of this contract shall continue to be, a Qualified Newspaper in accordance with the laws of the State of Minnesota, 331A.01, having general circulation in the City of Stillwater. 2. That for and during the calendar year ending December 31, 2009, the Contractor will publish all legal notices, excluding proceedings of the City Council, in The Stillwater Evening Gazette. 3. The publications to be in accordance with instructions provided by the City Clerk as to date and frequency. 4. That all of the publications shall generally conform with established standards of quality previously provided the City. 5. In accordance with the Specifications for City of Stillwater publications for 2009 Legal Advertising on file with the Office of the City Clerk and using 7 point - 8 leading Helvetica type and a standard advertising unit width, the cost per column inch for official City publications shall be: First Insertion: $4.05 per Column Inch Second, and Each Subsequent Insertion: $3.20 per Column Inch IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. In presence of: THE STILLWATER EVENING GAZETTE In presence of: CITY OF STILLWATER Diane F. Ward, City Clerk Ken Harycki, Mayor AGREEMENT FOR OFFICIAL NEWSPAPER - CITY OF STILLWATER LEGAL PUBLICATION OF PROCEEDINGS FOR THE YEAR 2009 THIS AGREEMENT, made and entered into this 6th day of January, 2009, by and between the STILLWATER COURIER NEWS, hereinafter called the "Contractor ", and the CITY OF STILLWATER, a municipal corporation of Washington County, Minnesota, hereinafter called the "City" WITNESSETH, that the Contractor and the City, for the consideration hereinafter specified, agree as follows: 1. The Contractor agrees that the Stillwater Courier News is, and for the term of this contract shall continue to be, a Qualified Newspaper in accordance with the laws of the State of Minnesota, 331A.01, having general circulation in the City of Stillwater. 2. That for and during the calendar year ending December 31, 2009, the Contractor will publish all official proceedings of the City Council in the Stillwater Courier News. 3. The publications to be in accordance with instructions provided by the City Clerk as to date and frequency. 4. That all of the publications shall generally conform with established standards of quality previously provided the City. 5. In accordance with the Specifications for City of Stillwater publications for 2009 Legal Advertising on file with the Office of the City Clerk and using 7 point - 8 leading Helvetica type and a standard advertising unit width, the cost per column inch for official City publications shall be: First Insertion: $3.50 per Column Inch Second, and Each Subsequent Insertion: $3.00 per Column Inch IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. In presence of: STILLWATER COURIER NEWS In presence of: CITY OF STILLWATER Diane F. Ward, City Clerk Ken Harycki, Mayor December 8, 2008 Diane Ward, City Clerk City of Stillwater 216 4th Street North Stillwater MN 55082 Dear Diane; I appreciate the City of Stillwater's request for a quote for publication of its legal notices in 2009. I do request consideration that the Stillwater Gazette be named the city's legal newspaper for the year 2009. The Gazette continues to offer the highest number of paid circulation newspapers distributed within the city. In addition, the Gazette's five - days -a -week publication schedule gives city government many options for presenting its legal advertising to the public in a timely manner. Our Legal pages are also available online at www.stillwatergazette.com. The legal rate for 2009 remains the same - $4.05 per column inch for the first insertion, and $3.20 per column inch for subsequent insertions of the same ad. I look forward to the Gazette's continuing to serve the city and its citizens in this capacity. Should you have any questions, or if you are in need of additional information, please let me know. Thank you. Sincerely, Mark Berriman Publisher 651- 796 -1116 mberriman@acnpapers.com Stillwater Gairier 1815 Northwestern Avenue Stillwater, MN 55082 Tel: (651) 439 -4366 Fax: (651) 439 -4668 E -mail: legals ©stillwatercouriercom December 10, 2008 City of Stillwater 216 N. 4th Street Stillwater, MN 55082 Dear City Administrator, We would like to invite the City of Stillwater to designate the Stillwater Courier as their legal newspaper for 2009. The Stillwater Courier meets all State Statutes for publishing legal notices and provides the City of Stillwater the largest in -home circulation newspaper in the city. The following is the Stillwater Courier's rate for publication of legal notices, effective with the January 1, 2009 edition: $3.50 per column inch - first insertion $3.00 per column inch - second insertion and each subsequent insertion All legal notices will be posted on -line at www.stillwatercourier.com. Deadline for legals will be Monday at 5 p.m. the week of publication. We have extended our deadline in order to allow more time for requests. We encourage the submission of legal notices via e-mail. Please send your legal notices to legals@stillwatercourier.com. Please include the dates of requested publication and a contact name and number, in case of questions. Thank you for your consideration and I look forward to working with you. If you have any further ques- tions, please call (651) 439 -4366. Sincerely, 76A1 Karen Golding Legal Coordinator N Publications Eugene D. Johnson, Publisher Pat Daul, Associate Publisher 4779 Bloom Ave.,White Bear Lake, MN 5110 • Phone: 651 - 407 -1200 • Fax: 651 - 429 -1242 December 3, 2008 Ms. Diane Ward City Clerk City of Stillwater 216 North 4th Street Stillwater, MN 55082 Dear Ms. Ward: The St. Croix Valley Press wishes to be considered as your designated newspaper for 2009. We meet all the requirements under state statutes. Our circulation is audited by Verified Audit Circulation, an independent firm. We offer submittal of legal notices by mail, fax at (651) 429 -1242, or e-mail to legals@a,presspubs.com - clearly identify them as "Legal Notices." The rate is $3.75 per column inch, in 7 -point type at 9 -lines per inch. Our deadline for legal notices is Friday by 5 PM for the following Thursday's publication. We look forward to the opportunity to serve you. We welcome any questions or concerns you may have. Sincerely, G Lisa Graber Legal Notice Coordinator miscl:stwlg09.doc Your Best Source For Community Information Vhite Bear Press • Vadnais Heights Press • St. Croix Valley Press • Quad Community Press • Shoreview Press • Forest Lake Press news Cgpresspubs.com ppcomp@presspubs.com pressadvertising @presspubs.com oocirc@nressoubs.com Memorandum Date: December 19, 2008 To: Mayor and City Council Members Cc: City Administrator Larry Hansen From: Chief John Gannaway Subject: Purchase of Department Handguns Please consider this memorandum as the Police Department's request to new handguns as requested in the scheduled 2009 Capital Outlay Budget. The Department, after a test period, selected Glock 22C and 23C .40 caliber (different sizes, but same model) handguns. While we only have 24 sworn officers, we are requesting to purchase 28 handguns, two of each different size, so we have extra on hand for replacement weapons (in case of mechanical malfunction or an officer involved shooting, during which an officer's weapon is retained as evidence and is replaced by a spare) and for training purposes (use of simunitions). Our current handguns, .40 caliber Sig Sauers', are almost fifteen years old, and are requiring more maintenance. Having trustworthy and reliable personal weapons is the most crucial part of a police officer's equipment for obvious reasons. Most law enforcement agencies try to replace their weapons after a ten year period. The Glock's are substantially cheaper than the Sig Sauer (approximately $200 per weapon). The cheapest quote came from Streicher's, based in Minneapolis, at $429 per weapon, for a total of $12,012. We will also need to replace our holsters and magazine holders (each one is weapons size specific, and our current ones will not fit Glock's) at a quote of $3,290. Streicher's will also buy back our current weapons at $275 each, for a total buy back of $6600. We also are going to purchase a light attachment for each weapon, which is basically a small flashlight that attaches underneath the barrel and allows the officer search areas in lowlight conditions without having to use one hand to try and shine a flashlight while the other handles the weapon, increasing capability and officer safety. The model we chose will cost $98.46 per weapon, for a total $2,643.04. The entire purchase, Tess the buyback of our current weapons, will be $9,384.03, far Tess than the $16,000 we had originally budgeted for. Memorandum Date: December 22, 2008 To: Mayor and City Council Members Cc: City Administrator Larry Hansen From: Chief John Gannaway Subject: 2009 Police Vehicle Purchase The Police Department requests to purchase three marked and one unmarked /administrative vehicle as submitted in the 2009 Capital Outlay Budget. The Dodge Charger (police package /special services) is available for purchase via the State Contract (A- 228(5)) for $20,618. We also equip each vehicle with emergency lighting /siren and other emergency equipment, Mobile Data Computers (or MDC's, 3 @ $6,000 ea.), and a in -car digital video recorder (2 @ $5,000 ea.). It costs approximately $33,000 per police vehicle. Providing there are no major technology changes, this should be the last year where we have to purchase new MDC's and in -car recorders, as we have been transitioning them for the past few years. We try to rotate our police vehicles every three years as they are driven continuously 24/7 during the three year period and become very maintenance intensive after that, and bring little to no trade -in value after that point. We are also scheduled to rotate one administrative /unmarked vehicle every five years. We currently have a Dodge Caravan that has become maintenance intensive and is scheduled to be replaced. We are requesting to purchase a Ford Escape available on State Contract (440054) for $19,045.24. We will salvage some emergency equipment from the Dodge Caravan but still anticipate spending $2,000 -3,000 to equip the new vehicle with emergency equipment. The Ford Escape is economical (19 -28 mpg) yet large enough to contain equipment needed. V(ASflIM<TON (ouNTu 41RTOZI(L SO(ItrY Gateway to Minnesota History December 16, 2008 City of Stillwater Larry Hansen, City Administrator 216 North Fourth Street Stillwater, Minnesota 55082 Dear Mr. Hanson, Mayor & City Council: On behalf of the Washington County Historical Society I would like to thank you for your generous donation to the Historical Society. It is important that Stillwater and Washington County continue to preserve and protect our heritage. It is one thing that brings a community together and builds strong bonds for a firm foundation that the communities can build on to make a strong future for everyone. Your donation of support to the Washington County Historical Society will make sure that the artifacts, documents and photographs that we have in our collection will be maintained and preserved for people to come and view, copy and explore for generations to come. We look forward with working with the city of Stillwater, the "Birthplace of Minnesota" for years to come. Again thank you for your support. Most si erely, ent T. Peter •n Executive Director Washington County Historical Society P.O. Box 167, Stillwater, MN 55082 -0167 - 651- 439 -5956 - www.wchsmn.org i Ali% W . ■ . MEI1111 /211 . • Historic Stillwater Lift Bridge Management Plan and Repair Project Mn/DOT and WisDOT to Hold Public Open House Meeting to Share Information on the Recently Completed Stillwater Lift Bridge Management Plan and Repair Plan The Minnesota and Wisconsin Departments of Transportation are jointly hosting a public open house meeting for the Historic Stillwater Lift Bridge Management Plan and Repair Project. The purpose of the project is to rehabilitate and preserve the Stillwater Lift Bridge for conversion to pedestrian /bicycle use as part of mitigation for the St. Croix River Crossing Project. A Management Plan and Repair Plan have recently been completed for the Project. Mn /DOT, WisDOT, and consultant staff will be on -hand to share information about these plans and address questions. Comment cards will also be provided for attendees to submit written statements. There will be no formal presentations. Date: Thursday January 8, 2009 Time: 5:00 to 7:00 PM Location: Stillwater Junior High School (523 West Marsh Street, Stillwater, Minnesota) The Lift Bridge Management Plan and Repair Project is a key stipulation in the 2006 Section 106 Memorandum of Agreement that addressed project impacts on historic properties for the St. Croix River Crossing Project. The information at the meeting will be focused on the Stillwater Lift Bridge Management Plan and Repair Plan, but there will also be information available on the St. Croix River Crossing Project. Questions regarding the meeting or the Lift Bridge Management Plan and Repair Project should be directed to Kristen Zschomler, Minnesota Dept. of Transportation, (651) 366 -3633 or Terry Pederson, Wisconsin Dept. of Transportation (715) 836- 2857. Information is also available on the project website at www.dot.state. mn. us /metro /projects /Iiftbridge /. 1. Washington :.� County BOARD AGENDA DECEMBER 16, 2008 - 9:00 A.M. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issuahat is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeginegins and give it to the County Board secretay or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Boardit4Fr reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevan an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentatiotn accommodate the scheduled agenda items. 3. 9:10 Consent Calendar 4. 9:25 Counties Transit Improvement Board (CTIB) Funds — Don Theisen, Director, Public Works Allocation of Funds 5. 9:45 Public Hearing — Office of Administration Receive Comments and Adopt the Capital Improvement Plan 2009 — 2013 6. 10:00 General Administration — Jim Schug, County Administrator A. Revision to Administration Policy #1300 -Data Practices and Policy #1302 - County Fee Schedule B. Establish 2008 Salaries for the County Sheriff, County Attorney and Their Assistants C. Establish 2008 Salary for the County Administrator D. Establish 2008 Salary and Expenses for the County Commissioners E. Certifying Tax Levies, Housing and Redevelopment Authority Levy and 2009 Budget 7. 10:40 Commissioner Reports — Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments canters of interest and information, or raise questions b the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. Dennis C. Hogberg, Chair District 1 Bill Pulkrabek District 2 riesel 3 Myra P Vice Chair Distri Lisa Welk District 5 8. Board Correspondence 9. 10:55 Adjourn * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * REMINDER• NO BOARD MEETING DECEMBER 30 — 5TH TUESDAY MEETING NOTICES Date Committee December 15 Resource Recovery Executive Committee December 16 Housing and Redevelopment Authority December 17 Counties Transit Improvement board December 17 Workforce Investment Board December 17 Metropolitan Mosquito Control December 17 Metro Transportation Advisory Board December 18 Community Corrections Advisory Board December 18 Parks and Open Space Commission Time 7:30 a.m. 3:30 p.m. 8:30 a.m. 8:30 a.m. 9:00 a.m. 1:30 p.m. 7:30 a.m. 6:30 p.m. Location 2785 White Bear Avenue — Maplewood 1584 Hadley Avenue North — Oakdale 90 West Plato Blvd. — St. Paul 8555 Eagle Point Drive — Lake Elmo 2099 University Avenue West— St. Paul 390 Robert Street North — St. Paul Lake Elmo Inn — Lake Elmo St. Croix Bluffs Conference Cottage Assistive listening devices are available for use in the County Board Room It m,, naafi assistant's /I'M trl disability or lagguana harriar daasa nail 16511 d5n.60nn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Summary of Proceedings Washington County Board of Commissioners December 16, 2008 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; Myra Peterson, District 4; and Lisa Weik, District 5. Absent none. Board Chair Hegberg presided. Accounting and Finance Approval of the following actions; Resolution No. 2008 -156 funding other post employment benefits; Amend Human Resources Policy #5032, Meals, Mileage, and Other Expense Reimbursement and Governance Policy #6008 Meals, Mileage, and Other Expense Reimbursement for Elected Officials to establish a new mileage rate of 55 cents per mile effective December 28, 2008. Commissioner Reports — Comments - Questions The Commissioners reported on the following items: Commissioner Peterson — reported on the Transportation Alliance legislative meeting and distributed copies of the draft policies "Minnesota's Priorities for the New Surface Transportation Authorization Act "; asked that a letter be sent to retiring Dakota County Commissioner Mike Turner thanking him for his years of service; Commissioner Pulkrabek — discussed levy limits imposed by the State; Commissioner Kriesel — reported on Judge David Doyscher's retirement reception held last Friday; the Community Services Advisory Committee breakfast honored outgoing member John Baird; and reported on the Association of Minnesota Counties Conference held last week in Duluth; Commissioner Weik — also attended Judge David Doyscher's retirement reception; she reported on the Association of Minnesota Counties Conference where she and Commissioner Hegberg attended a required Board of Appeals and Equalization course; she attended the "Get to Know Woodbury Event" and stated it was well attended; and acknowledged several members of the Sheriff's office who were honored for their heroism. Community Corrections Approval of the following actions: - Amend the 2008 Community Corrections budget by increasing the Community Corrections Act subsidy by $78,300 and reducing the use of county levy by the same amount; - Program and budget update to the Community Corrections Comprehensive Plan. Community Services Approval of the following actions: Appointment of Jane Klein to the Workforce Investment Board, representing Small Business, to a two -year term expiring June 30, 2011; 2009 contract with the Washington County Housing and Redevelopment Authority to provide housing subsidies for individuals with a serious and persistent mental illness under the Bridges II Program; 2009 contract with Stivland, Inc. (dba Harbor Shelter and Counseling Center) to provide shelter services for male youth; Amendment #1 to the 2008 -2011 contract with Dakota County Receiving Center for adult residential chemical dependency treatment and detoxification services; 2009 -2011 contract with Mental Health Systems, PC, to provide day treatment services for individuals with a mental illness; 2009 -2011 contract with South Metro Human Services to provide Adult Corporate Foster Care; Court Administration Approval of Child in Need of Protective Services matters with the following attorneys: Patricia Zenner, Gregory J. Schmidt, Sherry Hawley, and Susan Drabek. General Administration Approval of the following actions: November 25, 2008 Board meeting minutes; Commissioner Service Awards to Frank Puleo and Mike Granger, retiring members of the Hugo City Council; Public Hearing held to consider the adoption of the 2009 -2013 Capital Improvement Plan; Resolution No. 2008 -161, adoption of the 2009 -2013 Capital Improvement Plan as amended; Policy 1300, Washington County Data Practices Manual and Policy 1032 County Fee Schedule; Resolution No. 2009 -162, 2009 salary for the County Sheriff and Chief Deputy; Resolution No. 2009 -163, 2009 salary for the County Attorney and his assistants; Resolution No. 2009 -164, 2009 salary for the County Administrator; Resolution No. 2009 -165, 2009 salary and expenses for the County Commissioners; Resolution No. 2009 -166, certifying proposed property tax levy for payable 2009 for Washington County and the Regional Rail Authority; Resolution No. 2009 -167, certifying proposed property tax levy for payable 2009 for the Washington County Housing and Redevelopment Authority; Resolution No. 2009 -168, adopting the Washington County budget for payable 2009; Adjustment to the budget will need to be made as a result of loss of state aid and that process is expected to start in the next week or two for calendar year 2008 with an expected reduction in the expected payment of approximately $4.8 million; Commissioners Peterson and Pulkrabek appointed to the Canvass Board should it be reconvened; Commissioner Citizen's Award to be presented to retiring City of Stillwater Councilmember Wally Milbrandt; Board correspondence was received and placed on file. Public Health and Environment Approval of the following actions: - Comments to the Metropolitan Council regarding the Metropolitan Area Master Water Supply Plan; Waiver of deadlines set forth in Administrative Ordinance No. 149 for completion of formal board hearing in the matter of Solid Waste Hauler License Suspension of Dan Theoblad, d/b /a Dan's Container Services. Public Works Approval of the following actions: - Amend contract with Brickman Group, LTD, LLC to extend the contract to December 31, 2009 for landscape maintenance services; Contract amendment #3 with Short, Elliott, Hendrickson for additional consultant services, final design of CSAH 15 between TH 36 and 1,000 feet north of CSAH 12; Work orders 1, 7 -13 to the CSAH 15 road construction project contract with Tower Asphalt; Resolution No. 2008 -157, final payment on 2008 bituminous road overlays to Tower Asphalt, Inc.; Change Order #5 with Ramsey Excavating, Inc. in the amount of $23,400; Change Order #4 to contract with General Sheet Metal Company, Inc. in the amount of $26,225; Change Order #8 to contract with People's Electric, Inc. in the amount of $159,321; Resolution No. 2008 -158, allocating Counties Transit Improvement Board (CTIB) funding to establish commuter coach bus service from the Forest Lake Transit Center to the Union Depot in Downtown St. Paul; Resolution No. 2008 -159, Resolution Allocating Counties Transit Improvement Board (CTIB) Funding to Conduct an Alternatives Analysis for Transit on the I -94 Corridor; Resolution No. 2008 -160, Resolution Allocating Counties Transit Improvement Board (CTIB) Funding to Continue Bus Service from the Forest Lake Transit Center to Downtown Minneapolis. Sheriff's Office Approval of Changer Order #12 with Motorola for the Radio Service Agreement. Truth -in- Taxation Hearing The Board met for the Truth -in- Taxation hearing on December 4, 2008. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners December 2, 2008 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; Myra Peterson, District 4; and Lisa Weik, District 5. Absent none. Board Chair Hegberg presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: Commissioner Peterson — reported that Commissioner Weik and her taped the County Insight program and interviewed Hennepin County Commissioner Peter McLaughlin, and they discussed the Truth -in- Taxation hearing to be held this week; Commissioner Pulkrabek — suggested that the county look at reducing the hours of the license center and the environmental center that will open next year; he is expecting increased attendance at Thursday' s Truth -in- Taxation hearing based on the number that attended the Oakdale meeting; Commissioner Kriesel — Presented Commissioner Awards to Marguerite Rheinberger and Jackie Dubbe for their work in organizing the area candidate forums; Commissioner Weik — stated she enjoyed taping the County Insight Program and discussing the Counties Transit Improvement Board initiatives with Commissioner McLaughlin; Congratulated Sheriff Hutton in apprehending the suspects in the Lake Elmo home invasion; and she mentioned that the City of Woodbury will hold a "Get to Know Woodbury" event on Thursday morning, December 4; Commissioner Hegberg — mentioned that the Forest Lake Police Department apprehended an individual who was developing illegal passports. General Administration Approval of the following actions: Jim Keller, Denmark Town Board Supervisor, invited County Staff to a Webinar entitled "A Roadmap to Sustainable Communities" on December 4 in Roseville; November 18, 2008 Board meeting minutes; Regional Parcel Data Sharing and Distribution Agreement with Public Parties between the Metropolitan Council and the Counties of Anoka, Carver, Dakota, Ramsey, Hennepin, Scott and Washington; Resolution No. 2008 -155 recognizing Mayor Sandy Shiely upon her retirement as Mayor of Cottage Grove; Adjustments made to the 2009 proposed budget due to a $540,000 revenue shortfall as follows: Delay fiber optic project with Dakota County; reduce the fuel budget in the Sheriff's Office and Public Works Department; increase salt and other road maintenance supplies' budget; reduce expenditures in the license centers; and eliminate the proposed addition of a Maintenance Worker for the Big Marine Regional Park; The Truth -in- Taxation hearing will be held on Thursday, December 4 at 7:00 p.m. Library Approval to temporarily close the Oakdale Branch Library from December 21, 2008 through December 29, 2008 for re- carpeting. Public Health and Environment Approval of the following actions: Agreements with the Washington Conservation District for the following: fund general operations and services to county departments and county residents; and for services related to the Wetland Conservation Act; Contract with the University of Minnesota Center for Sustainable Building Research to conduct post - occupancy evaluations for the Service Centers in Forest Lake and Cottage Grove; Overview given of the partnership to provide physical facility space for dental services at the Cottage Grove Service Center in the WIC clinic space. Public Works Approval of the following actions: Resolution No. 2008 -154, grant easement for ingress and egress over Washington County Government Center Campus; - Property lease agreement with Jerome and Lois Grundhofer for county owned property located within Big Marine Park Reserve; Consensus to revise the draft comment letter to Denmark Township on their comprehensive plan with the aid of the Township; - Review of road and bridge construction projects completed in 2008; - Workshop held to discuss the allocation of $950,000 awarded to Washington County by the Counties Transit Improvement Board. Sheriff's Office Approval of the following actions: - Amend the Retention Schedule as contained in the County General Records Retention Schedule Sheriff /Law Enforcement; Award contract to Independent Emergency Services for 9 -1 -1 telephone customer premise equipment at the Sheriffs Office Public Service Answering Point dispatch center. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62 "d Street N., Stillwater, Minnesota. December 11, 2008 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson Jim Doriott, Supervisors Jim Hiniker, Linda Countryman, David Johnson and Sheila -Marie Untiedt, Stillwater Township Clerk Pat Bantli, Deputy Clerk Kathy Schmoeckel, Treasurer Carol Collins, Attorney Soren Mattick, Planner Berry Farrington, Engineer Paul Pearson and Park Manager Rick Jacobson. 1. AGENDA - M /S /P Hiniker /Countryman moved to adopt the agenda as amended. (5 ayes) 2. MINUTES - M /S /P Untiedt/Hiniker moved to approve the 11/13/08 Stillwater Town Board Meeting minutes as written. (5 ayes) M /S /P Untiedt/Countryman moved to approve the 12/3/08 Stillwater Town Board Budget Meeting minutes as written. (5 ayes) 3. )IM DORIOTT'S LAST MEETING - David Johnson thanked Jim Doriott for his eight years of service on the Board and looks forward to his continued participation in the community. Jim Doriott thanked the Board for their assistance over the last eight years and especially thanked Rosemary Ranalla and Pat Raleigh for their support. 4. TREASURER - a) Report given. M /S /P Countryman /Hiniker moved to authorize the Treasurer to pay the Maroney, Xcel and Qwest bills before they are due to avoid late fees. (5 ayes) Carol Collins will work with Building Inspector Jack Kramer to get the outstanding permits updated. b) Claims and Checks - #18933 through #18978 were approved for payment. c) Budget - The amount budgeted for fire protection should be at least $125,000. The Metropolitan Council grant for $15,000 for comprehensive plan work is not itemized on the budget. Carol Collins is still looking for the threshold for needing an audit. She noted that May Township has one every year. There will be more budget discussion at the first meeting in January. 5. PLANNER - a) Orn- Variance The issues of driveway encroachment and trail easement identification have been dealt with. The Planner's recommendation is to approve the variance with the recommendations offered in their memorandum dated December 4, 2008. Stillwater Town Board Mtg. - 12/11/08 Page 2 M /S /P Hiniker /Untiedt moved to approve the Orn Variance as recommended by the staff. (5 ayes) b) Cannon Ceremony Facility - The planning commission had considered this at their last meeting and had recommended that the Township's ordinance not be amended. David Johnson reported that he had received a telephone call from the Mayor of Stillwater who had visited the facility and felt that the City Council would agree that they would not see a problem with this facility. Kevin Shoeberg, attorney for the Cannons, said he had made the arrangements for the Mayor and Council Member to visit the site. He believes that the normal parking lot requirement is 2.1 or 2.3 people per car. This requirement would limit other parcels in the Transition Zone from this type of facility. We could also require owners to live on the site which would also limit the number in the Transition Zone. If this were to go into the City, it would come in as a non- conforming use. This is easier to come in through the Township from a procedural standpoint. The City does not want annexation done in a piecemeal basis. They do not need city services. M /S /P Untiedt/Hiniker moved to accept the planner's recommendation to schedule the draft ordinance amendment for the Joint Board Meeting with the additional conditions of parking restrictions and owner occupancy requirement. (4 ayes, Countryman nay) c) Places of Worship and Schools - A public hearing had been held at the planning commission with no public comments. The changes being considered are to raise the minimum lot size to 10 acres, to allow a maximum building footprint of 10,000 square feet and to require landscaping. M /S /P Johnson /Hiniker moved adoption of the ordinance. (5 ayes) d) Joint Board Meeting - The next meeting will be January 21, 2009 at 7:00 p.m. at the Stillwater City Hall. The Ceremony Facility and Wind Energy Conversion Systems should be included on their agenda. 6. STILLWATER MARATHON - An audience member pointed out that the marathon planned by the City of Stillwater will run on Township roads and they will also go into Bayport. David Johnson reported that the City has indicated they will contact the communities involved for permission. +r• 7. ATTORNEY - a) Contracts for Community Services - This will be discussed further at the January . meeting. Soren Mattick will get the names for 2009 from Carol Collins. b) Potential Axdahl Park Property - Attorney Mattick found . that he could not get an appraisal done for $1,000 since comparable properties could not be found. This property is taxed at a valuation of $62,400. He will get an opinion of market value from a local real estate agent and check with the County as to how they determined their valuation. Stillwater Town Board Mtg. — 12/11/08 Page 3 8. BUDGET - There had been discussion at the Budget Meeting of not requiring staff at both monthly meetings. We could also consider cutting back on the number of Town Board Meetings. Both the Engineer and Attorney said they are comfortable with coming in on an as needed" basis. There will be more discussion at the next Town Board meeting. 9. PLANNING COMMISSION - a) M /S /P Untiedt/Countryman to appoint Lynne Murphy, Richard Robbins and Carole Yoho for another three year term. (5 ayes) b) There was discussion at to whether committee members need to live in the Township. The Attorney said he is not aware of any statuary requirement, but we could make it a requirement. There will be more discussion of this on a future agenda. 10. PARK COMMITTEE - a) M /S /P Untiedt/Countryman moved to appoint Michael Ranalia and Barbara Riehle for another three year term. (5 ayes) b) There is now an opening on the Park Committee. 11. COMMUNICATION COMMITTEE - The bylaws for the Committee need to be established. A liaison will be assigned at the organizational meeting. The committee should consist of five members plus a town board liaison with two staff members for the newsletter and for the website. M /S /P Hiniker /Johnson moved to appoint Fred Brandt, Lynne Murphy and Barbara Riehie to the Communication Committee. (5 ayes) M /S /P Hiniker /Untiedt moved to formally establish a Communication Committee with bylaws pending. (5 ayes) M /S /P Hiniker /Johnson moved to authorize per meeting payments, retroactive to last September, at the park committee payment rate. (5 ayes) The Communication Committee will discuss bylaws at their next meeting. 12. LOCKING MAILBOX - David Johnson had researched a locking mailbox that could be used at the Town Hall. We will check with the postal service as to whether they will deliver to the parking lot area or if the box needs to be on the street. M /S /P Untiedt/Hiniker moved to authorize the locking mailbox system not to exceed $500. (5 ayes) After the new mailbox is installed, the post office box will need to be closed and mail forwarded. 13. WASTE MANAGEMENT - Jim Hiniker will send a copy of their agreement with the City to the Board. This would mean lower rates and better service for residents. Stillwater Town Board Mtg. — 12/11/08 Page 4 14. JOB DESCRIPTIONS - This will be under Old Business at the second .January meeting. 15. ADJOURNMENT - The meeting was adjourned at 9:20 p.m. Clerk Chairperson Approved Washington C BOARD AGENDA JANUARY 6, 2009 - 9:00 A.M. 1. 9:00 Roll Call Pledge of Allegiance 2. Unfinished Business 3. Motion for Board to Adjourn Sine Die 4. Oath of Office — Administered to the following Elected County Officials: Dennis C. Hegberg Commissioner District 1; and Gary Kriesel, Commissioner District 3 5. New Roll Call 6. County Administrator — Nominations for Temporary Chair 7. Temporary Chair — Nominations for Chair of the County Board for 2009 8. Chair Elect — Nominations for Vice Chair of County Board for 2009 9. Set Board Meeting Dates for 2009 Dennis C. Hegberg District 1 Bill Pulkrabek District 2 Gary Kriesel District 3 Myra Peterson District 4 Lisa Welk District 5 10. 9:20 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or functioef Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meegdegins and give it to the County Board secretary or the County Administrator. Th(ounty Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board:bir reserves the right to limit an individual's presen tion if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate ttrrheduled agendaitems. 11. 9:30 Consent Calendar 12. 9:30 Public Works — Wayne Sandberg, Deputy Director Update on Fuel Consortium Purchase Program for 2009 13. 9:40 General Administration — Jim Schug, Administrator Commissioner Committee Assignments for 2009 14. 9:55 Commissioner Reports — Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments omtters of interest and information, or raise questions to the staff. This aeon is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 15. Board Correspondence 16. 10:10 Adjourn Date January 8 January 8 January 8 January 8 MEETING NOTICES Committee Metropolitan Mosquito Control Commission Metropolitan Energy Policy Coalition Metro TAB Policy Committee Meeting with Legislative Delegation Time 9:00 a.m. 11:15 a.m. 12:30 a.m. 5:30 p.m. Location 2099 University Avenue West— St. Paul 125 Charles Avenue — St. Paul 390 North Robert — St. Paul 526 Inwood Avenue North - Oakdale Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or lanauaae barrier olease call (651) 430.6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * JANUARY 6, 2009 The following items are presented for Board approval /adoption: DEPARTMENT /AGENCY ITEM Administration A. Approval of the December 23, 2008 Board meeting minutes. Community Corrections Community Services B. Approval of resolution awarding the 2009 newspaper publishing bids and designating the county web site as the official publication for transportation projects. C. Approval of a Memorial Day Appropriation of $100 each upon request in 2009 for the Stillwater Citizens' Memorial Day Association and Washington County Posts and Barracks. D. Approval of annual review of Policy #6009, Travel Policy for Elected Officials, including Airline Travel Credit. E. Approval of the final operations grant to the Washington County Agricultural Society for 2009. F. Approval of appointments /reappointmentsto Advisory Committees for 2009. G. Approval to renew purchase of service agreements with: White Bear Lake Community Counseling Center; Lakes Area Youth Service Bureau; and YSB, Inc. H. Approval of purchase of service agreements with Human Services, Inc. for domestic abuse assessment and treatment, the P.L.A.C.E. program in Stillwater, the Community Options program, the VOICES program and adolescent insight. I. Approval of purchase of service agreement with Tubman, formerly known as Tubman Family Alliance. J. Approval to renew contracts for Multi Systemic therapy, a research -based intensive in -home therapy program alternative to juvenile placalent. K. Approval of the 2009 -2011 contract with Michelle Renne Wolf, Inc. (MRW, Inc.) to provide adult corporate foster care and respite services in Washington County. L. Approval of the 2009 contract with the American Red Cross Twin Cities Area Chapter to provide emergency social services and crisis response services for Washington County Community Services. M. Approval of the 2009 -2011 contract with Senior Housing Management, Inc. doing business as Oak Ridge Place, to provide the following services at their site in Oak Park Heights: 24 -hour customized living, homemaker, and home delivered meals. N. Approval of the 2009 -2011 contract with Senior Care Forest Lake, LLC, doing business as Birchwood Arbors, to provide 24 -hour customized living services. Property Records and Taxpayer Services O. Approval of the 2009 -2011 contract with Triple Angels Health Care Company to provide 24 -hour customized living services at their site in Cottage Grove. P. Approval of the 2009 -2011 contract with Crystal Care Assisted Living to provide 24 -hour customized living services at their Green Gables site in Mahtomedi. Q. Approval of Amendment Number Two with East Suburban Resources to provide job skills training, job development and placement services for people enrolled in the Diversionary Work Program and the Minnesota Family Investment Program for the period January 1, 2009 to December 31, 2009. R. Approval of supported work contract with East Suburban Resources for continued services for Minnesota Family Investment Program catomers. S. Approval of contract with total Software Solutions, Inc. for enhancements to the recording system utilized by the Department of Property Records and Taxpayer Services T. Approval of resolution recommending approval of applications for conveyance of tax-forfeited lands for an authorized public use. U. Approval of resolution reappointing Bruce Munneke, County Assessor, to a new four -year term expiring December 31, 2012. Public Works V. Approval of comments on the City of Newport draft comprehensive plan. Sheriff's Office W. Approval to extend the house lease agreement with Michael and Courtney Bengston for property located at 9941 Stillwater Boulevard, Lake Elmo, located within the Lake Elmo Park Reserve to Felouary 28, 2010. X. Approval of resolution, accept grant funds from the State of Minnesota, Commissioner of Public Safety of Justice Programs 2009 Criminal Gang Strike Force and Narcotics Task Force. * Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Summary of Proceedings Washington County Board of Commissioners December 23, 2008 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; Myra Peterson, District 4; and Lisa Weik, District 5. Absent none. Board Chair Hegberg presided. Accounting and Finance Approval of Resolution No. 2008 -169, special revenues fund and update Fiscal Policy #2803 Fund Definitions to reflect the addition of the new fund for the 800 MHz Radio System. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: Commissioner Peterson — Wished every one a Merry Christmas and Happy New Year; voiced her concerns at the bonuses given to the banking industry after receiving a bailout from the taxpayers; and learned that the trail along 70th Street was built by and with funds from the snowmobile club and that is the reason the city or county does not plow that trail; Commissioner Pulkrabek — asked what the impact of the City of Oakdale's denial to amend the design of the Red Oak's Preserve from row houses to an apartment building would have on that development; Commissioner Kriesel — attended the Counties Transit Improvement Board meeting and that their new slogan "It's About Time" was thought up by Maggi Aitkens, the county's Public Information Coordinator II; Commissioner Weik — asked if anyone in the audience is interested in volunteering on any of the county's committees they should look at the web site for information and applications; reported on two meetings she had with the City of Woodbury to discuss the I -94 corridor, CTIB, economic development along the I -94 corridor; the city's public works planning, parks and open space projects, and the new 800 MHz radio system; noted an article from the Pioneer Press regarding the need for more foster care families; and mentioned that there will be a New Year's Eve event at the Bielenberg Sports Center in Woodbury that is geared for families with children under 12; Commissioner Hegberg — asked that staff prepare two Commissioner Awards for Greg Ochs and Judy Bull who served on the Forest Lake City Council; reported that the CTIB approved the county's funding for commuter bus service from Forest Lake to Minneapolis and St. Paul and also the 1 -94 corridor study; and he also attended Dakota County Commissioner Turner's retirement event. Community Services Approval of the following actions: 2009 -2011 contracts for 24 -hour customized living services with the following: Hugo COH, LLC at their Comforts of Home site in Hugo; Elder Haven Home, LLC in Forest Lake; Senior Care Woodbury, LLC at three facilities, Woodbury PAL, Woodbury Villa, and Woodbury Estates; and Cottage Grove WP, LLC at their White Pine site in Cottage Grove; Accept Minnesota Department of Veterans Affairs, County Veterans Service Officers enhancement grant. General Administration Approval of the following actions: December 2 and 16, 2008 Board meeting minutes as amended; and the Truth -in- Taxation Hearing minutes from December 4, 2008; Update on Governor's unallotment of State aid to counties; Appointment of Commissioners Weik and Peterson to the Metropolitan Mosquito Control for 2009; MICA's annual meeting to be held on January 21 in Rochester; County Attorney Doug Johnson received the Minnesota County Attorney's Association Distinguished Service Award; Lowell Johnson, Director of Public Health and Environment was given the Emerging Leadership Award through the Local Public Health Association and was elected their Chair for 2009; and Molly O'Rourke, Deputy Administrator, was named Secretary of the Minnesota Association of County Administrators; Board correspondence was received and placed on file; Workshop held to discuss the Commissioner Committee assignments for 2009. Library Approval of the following actions: - Accept a $25,000 donation from the RAFT Charitable Foundation; - Accept various donations to the county Library in the approximate amount of $4,175. Public Health and Environment Approval of an agreement with the University of Minnesota to provide Extension programs locally and employ County Extension Staff. Public Works Approval of the following actions: Comments on the City of Lino Lakes draft comprehensive plan; Comments on the Denmark Township draft comprehensive plan; Change Order #7 to contract with People's Electric, Inc.; Change Order #4 to contract with Commercial Drywall, Inc.; Resolution No. 2008 -170, agency agreement for cultural resources /architectural history investigation for CSAH 2 reconstruction; Amendment No. 8 to the road kill deer removal contract with 4 Paws Road Kill Animal Services; Designate the removal of Bridge 5600 in St. Paul Park as an emergency removal project; Attorney - Client closed session to discuss the Commissioner award for the CSAH 15 project to Cresent Development. Sheriff's Office Approval of amendment to the food service agreement with Aramark Corrections Services LLC. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. 1/2/2009 WASHINGTON COUNTY BOARD OF COMMISSIONERS Preview of Coming Attractions JANUARY 13 The Practical Government Class of the Stillwater Area High School will be Attending this Meeting JANUARY 20 Agenda — Recognition of a Child Foster Care Provider JANUARY 27 Workshop — Offender Re -entry Workshop — Broadband Fiber Workshop — Community Health Assessment FEBRUARY 3 Workshop — Child in Need of Protection or Services (CHIPS) FEBRUARY 10 Agenda — Presentation to Approve the 2008 Community Health Assessment Report JUNE 16 Board of Equalization (with possible follow up meeting on June 23) FUTURE Workshop — Metropolitan Council's Principal Arterial Study Workshop — Metropolitan Council Members The County Board will meet with Metropolitan Council members to discuss issues of mutual interest and concerns. BID OPENINGS M:\USE RS\ADM \PRRADDA \W P WGE N DA \Workshops \Preview.doc