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Home My WebLink About2009-02-03 CC Packet REVISED AGENDA CITY OF STILLWATER CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street February 3. 2009 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BOSINESS 1. Noise variance relating to Stillwater Library Terrace Events 2. Stillwater Library Capital Purchase - 3M Selfcheck 3. St. Croix Valley Recreation Center Capital Purchase - Zamboni - Doug 4. Lobbyist Discussion 3. City Clerk 4. Community Dev. Director Finance Director City Administrator STAFF REPORTS 1. Police Chief 2. Fire Chief 2008 Assistance to Firefighters Act Grant Award 7:00 P.M. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES - Possible a PETITIONS, INDIVIDUALS, DELE 1. Senator Vandeveer - Distri 2. Adoption of resolution community (Resolutio OPEN FORUM The Open Forum' the meeting agen . T staff regarding i . limit our co ial & Regular meeting minutes of January 20, 2009 ENDATIONS board & commission members for their service to the ouncil meeting to address Council on subjects which are not a part of take action or reply at the time of the statement or may give direction to of th oncerns expressed. Out of respect for others in attendance. please inutes or less. * (Roll Call) 20 -22, directing payment of bills 9-23, approving Washington County Communications System Subscriber Agreement io system) 2009-24, approving Minnesota Premises Permit for Lawful Gambling for Climb, Inc, at St. Croix Seafood & Grille, 317 Main Street S, Stillwater, MN 4. Po Ie approval to purchase equipment for Dive Team - Fire Department 5. Resolution 2009-25, approving agreement with John T. Sallis PUBLIC HEARINGS - Out of respect for others in attendance. please limit your comments to 10 minutes or less. No public hearings UNFINISHED BUSINESS 1. Possible approval of recommendations for General Obligation Capital Outlay Bonds, Series 2009A .::: Dave McGillivray, Springsted Inc (Resolution - Roll Call) (Available Tuesday) 2. Presentation of State of the Streets - Public Works Director Sanders 3. Possible approval of Senior Care Living Facility Development Agreement & Payment in Lieu Agreement (Resolution - Roll Call) 4. Discussion on term limits for Heritage Preservation, Planning, Park & Recreation, Hum n Rights Commissions & and changing membership of Human Rights Commission and Heritage rvation Commission and possible approval of resolution (Downtown Parking) and first readings s for other commissions relating to term limits and membership changes (Resoluf 011 Call) 5. Discussion on Community Special Events Task Force NEW BUSINESS 1. Possible appointment of member to Planning Commission (Resoluf 2. Possible approval of 2009 fees for publications and services (R ti 3. Consider approval of the final design for the Legends Park W 4. Consider approval of the 2009 CIP project list for Park and Jra 5. Possible approval to capital outlay purchase Skidsteer r Works 6. Possible appointment of Council members to serv tillwater Fire Relief Association 7. Possible approval of promotion of Tim Moon to As (Resolution-Roll Call) All items listed un enacted by onemo citizen so re separately nda are considered to be routine by the City Council and will be e no separate discussion on these items unless a Council Member or t, the items will be removed from the consent agenda and considered PETITIONS, INDIVIDUALS, DELEGATIONS & COMME COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * Page 2 of 2 State of the Streets City of Stillwater 2/3/09 2007 Pavement Rating Map Pavement Management Study Recommendations 1.Use pavement management study as a guide for the next five years for future street projects. Continue concentrating on reconstructing streets where the rating is poor or worst (15.8 miles). 2.5 year C.I.P. estimated to be 10 miles 3.Continue budgeting ($1.46M 2008) in the capital improvement fund for street improvement projects. Increase by 10% per year next 5 years (per 5-year CIP) 4.Consider increasing the assessment rate on street projects 5.Continue routine maintenance of patching, seal coating, etc. Major Infrastructure: Past 35 Years ►Sanitary Sewer Separation: 1973 ►New Developments in the 1970’s and 1980’s: Oak Glen, Croixwood, Industrial Park (City built and reimbursed). Very little reconstruction during this period. ►Only 2 Reconstruction projects from 1984 to 1993 ►Annual Street Reconstruction Projects 1994-current ►Downtown Reconstruction: 1991-1994 ►South Hill with reconstructed streets: 1994 ►North Hill with reconstructed streets: 2004 ►Prior to about 1980, assessments were 100% Current Infrastructure Commitment ►There are 89.2 miles of local streets (includes 15.7 miles of state aid) ►Infrastructure value is $43 million. The replacement value is $83 million. ►Street reconstruction costs are $175± per foot ($925,000± per mile) based on current construction prices ►2009 street reconstruction budget ($1.6 million) allows for 1.6 miles of reconstruction ►2009 State Aid Apportionment $400,000 (allows for about 0.4 miles per year). There is currently a negative balance due to Boutwell-paid off in 2009. Infrastructure Projections ►Every 6 to 10 years, streets drop 1 category (fair to poor, poor to worst, etc.) ►Streets will be reconstructed every 41 years on current program ►By 2020 (12 years), approximately 27 miles of streets will be reconstructed (2.2 mi/year) at current pace ►By 2032 (24 years), excellent streets (i.e. Liberty, Legends) could drop to poor category if investment is not made in pavement maintenance Pavement Management Projections 2001 200120012001 2004 200420042004 2007 200720072007 2020 2020 20202020 2032203220322032 0 10 20 30 40 50 60 70 Good/ExcellentFairPoorWorst RATING MILES Assessment Options Total 50% 70% Miles 2009 $1.58M $0.79M-Res. $0.79M-City $1.11M-Res. $0.47M-City 1.7 2009 $2.63M (+66%) $1.84M-Res. $0.79M-City 2.8 2010 $1.74M $0.87M-Res. $0.87M-City $1.22M-Res. $0.52M-City 1.8 2010 $2.90M (+66%) $2.03M-Res. $0.87M-City 2.9 Long Term Effect of Assessment Rate Increase Assessment Rate 2008 Miles Poor/Worst 2020 Miles Poor/Worst 2032 Miles Poor/Worst 50% Split Per CIP 15.8 12.6 41.9 Increased Projects with 70%- 30% Split 15.8 0 15.7 WORST POOR FAIR EXCELLENT GOOD Type of Construction Cost Comparison Type of Construction Cost per mile Total Reconstruction $925,000 Mill and Overlay $320,000 Sealcoat $20,000 ►Finance department projects City will need to bond for infrastructure improvements in 3 years based on current spending plans. Increasing the budget for street projects could lead to higher bonding and levy increases. ►Construction Cost Index has averaged 6.7% increase over the last 8 years ►The 10% increase in street reconstruction budget results in an effective 3.3% increase ►Based on gas tax increase, Municipal State Aid to Stillwater will increase for the next 10 years but at virtually the same rate as Construction Cost Index Economic Factors Increased Construction Costs Construction Cost Index 300 - 250 - 200 - 150 - 100 - 50 =Actual Annual Compounded Rate = 6.7°/0 =71 Forecasted Annual Growth Rate =7°/0 Forecasted Annual Growth Rate =5°/0 Forecasted Annual Growth Rate =4% — —Base Year (2000) Actual SFY 2000 -2008 Increase = 68 °J Forecasted SFY 2009 -2018 Increase = 95% re- 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 State Fiscal Year (SFY) Recommendations ►To extend the pavement life of streets that are in fair or better condition, consider allocating a portion (i.e. 20%) of the money dedicated to street reconstruction toward street mill and overlay. Since mill and overlays are less expensive than total reconstructs, more mileage could be completed within the same budget. ►Consider increasing the seal coating budget to extend pavement life of more streets in good or excellent condition. ►Consider increasing the assessment rate on street projects. This would enable the City to get ahead of the rate of street deterioration. Emphasis would need to be placed on mitigating the impacts of higher assessments and increased bonding. Property Assessment Past Reconstruction Project Actual (50±%) Compare (70±%) 2007 Street Improvement Project (Proj. 2007-02) Unit Assessment includes street & path $6,500 $9,100 2006 Street Improvement Project (Proj. 2006-02) Unit Assessment includes street, utilities, lighting $7,900 $11,000 2003 Street Improvement Project (Proj. 2003-02) Unit Assessment for street $5,600 $7,800 North Hill Project (Street portion) (Proj. 2000-15) Footage assessment: 100-foot lot $4,700 $6,600 Footage assessment: 180-foot lot $8,500 $11,900 110- '. Stillwater Public Library 224 N. Third St. Stillwater MN 55082 CURRENT TERRACE USES Library Uses of the Johnson Terrace . Reading and relaxing for library patrons . Programming space for children's summer programs . Programming space for library programs Public Uses of the Johnson Terrace . Forum for city-wide events aimed at residents Rental Uses of the Johnson Terrace . Arts and cultural uses (concerts, plays) . Private parties REASON FOR RENTAL OF TERRACE AND MEETING ROOMS . Reduce reliance on the general fund for library budget ($43,000 budgeted for 2009) . Provide venue for events that are competing for scarce space; these events might move out of Stillwater if space is not available . Increase revenue options for local businesses (caterers, photographers, musicians, lodging) TERRACE/MEETING ROOM FACTS . Attendance at terrace events is limited to 300 by the capacity ofthe entire meeting room wing (comprised of the Margaret Rivers Room, a small conference room, a kitchen, a coffeeshop/vending area, and a gallery) . There is no single space in the meeting room wing that would accommodate 250 to 300 people . The Margaret Rivers Room has a capacity of 150 standing adults; this number drops greatly if a band must also be accommodated in the room . It usually takes 30 to 45 minutes to set up or tear down band or DJ equipment . Without the terrace, there is not space to hold an event with 250-300 attendees, the size favored by many weddings . Weddings are the most profitable events held at the library - for the library itself and for area businesses . The library also raises money by renting chairs and tables for the terrace to event holders. The more tables and chairs that are rented, the more money the library makes. It also true that caterers find events of these sizes to be more profitable. MUSIC IN 2008 The library's event space policy states the City's noise ordinance and outlines the process for requesting a variance. Only a small number of the events that occur at the library request a variance to the ordinance. To date, the library is aware of only three events in 2009 that would like to request the variance to continue music past lOP .M. Last year, the City Council encouraged neighbors to contact Stillwater Police if they were disturbed by music after 10 p.m. so that the dispatcher could contact the off-duty Stillwater Police officer who was providing security for the event. The off-duty officer could then work with the event to reduce sound levels. We received calls about only one event. The uneven volume was due to a technical problem. Our policies were changed so such a problem would not occur again. The library's Event Space Coordinator worked with private events to place the music source in locations where the sound was least likely to travel beyond the terrace itself. Indeed, the security officer always circled the building during each event to determine whether the sound was traveling beyond the library or not. As we received no calls, the library was not aware that neighbors heard music past 10 p.m. (other than on the one occasion mentioned above). Nor were we able to determine favorable placement of the music source. RESOLUTION 2009-22 DIRECTING THE PAYMENT OF BILLS BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the bills set forth and itemized on Exhibit "An totaling $356,030.45 are hereby approved for payment, and that checks be issued for the payment thereof. The complete list of bills (Exhibit "An) is on file in the office of the City Clerk and may be inspected upon request. Adopted by the Council this 3rd day of February, 2009. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2009-22 1ST Line/Leewes Ventures llC AI's Coffee Ancom Communications Aramark Aspen Mills Big Ink C & T Hockey Products L TD Carquest Cartridge World Catco Cesare's Wine Bar,LLC Coca Cola Comcast Cope Plastics Corporate Mechanical Creative Product Sourcing, Inc. DARE Cub Dalco Dave Holt Ford Dionisopoulos, Jeff Emergency Automotive Technologies, Inc. David Eichten ESR Fallin, Jill Fastenal Company Force America Frank Madden & Associates Fred's Tire Galls Grand Prix Vending Hartland Fuel Haussner Plumbing, LLC HLP Tautges Redpath, Ltd. Holiday Fleet Iceman Industries, Inc. Ikon Office Solutions 110 Solutions IACP ITL Patch Company, Inc. J.H. Larson Junker, Brad League of MN Cities League of MN Cities Insurance Trust Lehmicke Construction, Inc. Life Safety Systems ~ Concession Supplies Concession Supplies Ear Jack, Pager Repair Uniform Cleaning, Shop Towels, Mats, Mops Uniforms Two Dasher Boards DQ Markless Pucks Vehicle Repair Supplies Toner Equipment Repair Supplies Liquor License Refund Concession Supplies CablejRec Center Poly Carb to Cover Advertisements Repair Furnace Public Works DARE Supplies Concession Supplies Janitorial Supplies Vehicle Repair Supplies Mileage Reimbursement Vehicle Repair Supplies Roof Top Heater Repair Parts Books & Tuition Reimbursement Shop Supplies Road Temp Sensor & Interface Module labor Relations Services Tire Repair Uniforms Concession Supplies Fuel Repair leak 3rd Floor Sales Tax Forum Fuel Road Salt Additive Maintenance Agreement Copier Forms Membership Dues Police Shoulder Emblems Vacuum Breaker Reimburse First Responder Class 2009 leadership Conference Workers Compensation 1st Installment Snow Removal City, Snow Removal Rec Center Fire Alarm System Inspection 1,075.88 1,159.45 104.18 626.61 76.80 372.75 620.00 289.62 53.24 29.10 437.91 2,331.44 68.35 1,682.23 173.00 138.97 30.72 162.56 10.66 99.00 127.50 385.40 508.13 91.22 944.55 67.80 33.85 316.93 198.80 6,959.69 692.00 30.00 28.93 3,541.13 75.50 97.00 120.00 134.03 18.83 307.32 285.00 44,799.00 2,022.00 802.16 EXHIBIT" A" TO RESOLUTION #2009-22 Little Falls Machine, Inc. Loftier MIA Associates, Inc. Magnuson Law Firm Maritronics, Ltd. Menards Miller, Robert C & Maxine D MN Dept of Public Safety BCA MPFF New England Sports & Sales North American Salt Co. Office Depot Office Max Oxygen Service Company Pump & Meter Service, Inc. R & R Specialties of WI Inc. Reidell Shoes, Inc. Sprint St. Joseph Equipment State of WI Dept of Revenue Stillwater Courier Stillwater Gazette Stork Twin City Testing Streicher's United Refrigeration Inc. United States Postal Service UPS Viking Industrial Center Wachovia Bank NA Washington Conservation District Washington County AssessmentlTaxation Washington County License Waste Management Watson Company Wet Tek Zee Medical Supplies LIBRARY Baker & Taylor BWI Budget Lighting Comcast Demco G & K Services Gale Group Page 2 Equipment Repair Supplies Network Support Ice Melt Professional Services Repair Sound System Rec Center Shop Supplies Refund of Special Assessment Training Fees Legislative Conference Registration Blade Bench Rivetr & Supplies Road Salt Additive Office Supplies Office Supplies Oxygen Equipment Repair Supplies Repair Parts for Resurfacers Skates Cell Phones Hydraulic Oil Business Tax Registration Renewal Subscription Publication Geotechnical Exploration Police Supplies Repair Supplies First Class Presort Fee Renewal Freight Gas Alert Monitor Research Expenses 4th Qtr Water Monitoring,Shared Water Resource Accuvote Maintenance Fees/Truth in Taxation Renewal Tabs Service Fees Concession Supplies Chemical for Cooling Tower Medical Supplies Library Materials Children's Books Light Bulbs Telecommunications Supplies Rugs & Towel Services Young Adult Non Fiction 222.58 67.50 684.91 7,876.83 456.92 15.44 2,035.17 180.00 60.00 1,038.60 28,843.70 224.59 81.01 544.45 128.01 884.38 630.92 182.62 471.93 10.00 32.00 43.74 3,000.00 145.02 113.41 180.00 35.80 990.45 13.75 1,143.00 5,527.79 22.50 12.34 281.19 863.94 69.01 761.00 35.44 75.88 49.90 9.17 196.40 21.21 EXHIBIT" A" TO RESOLUTION #2009-22 Heritage Printing Howe, Lindy Johnny's TV Office Depot Office Max Office of Enterprise Technology Quill Random House Simplex Grinnell Stillwater Gazette Washington County Library MANUALS January 2009 Long Lake Villas Long Lake Villas Pfister, Richard H. Pfister, Richard H. Qwest US Postal Service Xcel ADDENDUM Accurate Radar Specialties Aramark Board of Water Commissioners Carquest Emergency Automotive luann Clark CDW-G Delta Dental Hennepin Technical College Kopel, Chris Kirvida Fire loftier Metro Fire Met Council Neopost Office Depot Qwest St. Joseph Equipment T-Mobile Tower Asphalt TR Computer Sales, LlC Supplies Library Materials Panasonic Projector Office Supplies Office Supplies Telephone Toner and Printer Ribbons Children's Audio Building Repair Advertisement Library Materials & Supplies & Database Subscript Contractual TIF #8 long lake Villas Contractual TIF (MVHC) Contractual TIF #8 long lake Villas Contractual TIF (MVHC) long lake Villas Telephone Rec Center Postage for Postage Machine Electricity, Gas Calibrations Mats January 2009 WAC Repair Supplies Vehicle Repair Supplies Cleaning City Hall & Public Works Renewal Anti Virus Licenses Feb 2009 Cobra Fire Test Out Fee Repair Shoes Vehicle Repair Supplies Network Support Equipment Repair January 2009 SAC Maintenance on Postage Machine Office Supplies Telephone Equipment Repair Supplies Cell Phone Final Pmt Lily lake Parking lot/Driving Park Ravine Permit Works Geobase,Permit Works, Inspection Page 3 18.50 130.21 9,674.90 37.79 26.89 288.61 399.06 48.00 239.00 121.02 2,156.86 26,702.90 3,446.17 14,165.56 1,057.43 224.03 9,000.00 32,965.06 502.34 27.96 1,980.00 78.90 19.50 1,057.50 2,891.61 313.80 50.00 76.99 111.00 67.50 105.14 3,960.00 636.80 22.81 170.17 893.05 41.63 21,323.13 11,705.55 -' EXHIBIT" A" TO RESOLUTION #2009-22 Verizon Wal Mart Washington County Administration Xcel Adopted by the City Council this 3rd Day of February, 2009 Cell Phone Supplies Citations Electricity, Gas Page 4 TOTAL 1,636.83 214.12 1,036.00 76,014.39 356,030.45 RESOLUTION 2009-25 APPROVING AGREEMENT WITH JOHN T. SALLIS SE IT RESOLVED by the City Council of Stillwater, MN that the agreement for background checks between the City of Stillwater and John 1. Ballis, as on file with the City Clerk, are hereby approved and authorizes the Mayor and City Clerk sign said agreement. Adopted by the Stillwater City Council this 3rd day of February, 2009 Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk AGREEMENT An Agreement Dated: By and between: February 3, 2009 City of Stillwater (ACity@) and John T. Ballis (AConsultant@) Whereas, the City of Stillwater has need of specialized services and other functions, and consultation as needed to assist the city with the hiring process regarding applicants for the position of, Police Officer/ Firefighter and other positions of City Employment; and Whereas, consultants by training and experience warrants that he/she possess the skill and expertise to conduct thorough pre-employment background consultations as needed to assist the city with the hiring process of individual/applicants as to their fitness and suitability for the position of Police Officer/Firefighter, and/or other positions of City Employment, now therefore, It is agreed by the City of Stillwater and the consultant as follows that: 1. F or the consideration hereinafter stated, consultant will perform pre- employment background investigations as needed by the City of Stillwater, regarding persons who are applicant/candidates for the position of Police Officer/Firefighter and/or other positions of City employment. 2. For the consultant's faithful performance of his /her duties, the consultant will be paid the sum of $25.00 per hour or $1100.00 per candidate/applicant. 3. The consultant will produce in-depth written interviews of all persons contacted by the consultant with an accompanying written commentary and analysis supported by documentation when applicable as to the consultant's own evaluation of the fitness of the applicant/candidate. 4. The City of Stillwater shall be responsible for setting the consultant's hours and methodology of conducting any/all functions and consultations as needed to assist the city with the hiring process and such time lines as the City of Stillwater may establish for the completion of any consultation. 5. The consultant shall keep confidential all investigative reports and other documents as may come into his/her possession and shall turn over the same to the City of Stillwater for its use. 6. The City of Stillwater will furnish the consultant with such items or identification and equipment that are needed to establish the consultant's relationship and perform his/her duties with the City of Stillwater.. All items of identification and equipment furnished to the consultant shall be returned upon termination of this agreement. 7. The consultant is at all times hereunder an independent contractor and not an employee of the City of Stillwater and is not entitled to any of the rights, privileges or benefits granted regular City of Stillwater employees. 8. This agreement may be terminated without cause by either party upon forty- eight (48) hours written notice from one to the other and the City of Stillwater shall be liable for the value of the consultant's service to the effective date of the notice. 9. The City of Stillwater liaison for the purpose of this agreement will be the Chief of PoliceIFire Chief or his designee. 10. The effective date of this agreement shall be the date first noted above and unless terminated as provided herein at an earlier date, shall automatically terminate one (1) year from the effective date. 11. That the City of Stillwater will indemnify and hold harmless the consultant for any claims arising out of the consultant's performance herein, the consultant agrees to give his full cooperation and assistance in the defense of any claims. Name: Address: City/State/Zip: City of Stillwater LiaisonlRepresentative: City: Mayor: City Clerk: B Springsted Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, MN 55101-2887 Tel: 651-223-3000 Fax: 651-223-3002 Email: advisors@springsted.com www.springsted.com $1,455,000* CITY OF STILLWATER, MINNESOTA GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 2009A (BOOK ENTRY ONLY) AWARD: UBS FINANCIAL SERVICES INC. SALE: February 3, 2009 Interest Rates 2.00% 2010 2.50% 2011 3.00% 2012-2017 3.00% 2010-2017 2.00% 2010-2011 2.50% 2012-2014 3.00% 2015-2017 1.20% 2010 1.45% 2011 1.70% 2012 1.95% 2013 2.15% 2014 2.35% 2015 2.55% 2016 2.75% 2017 2.00% 2010 2.25% 2011 2.50% 2012-2013 2.625% 2014 2.75% 2015 3.00% 2016-2017 1.50% 2010 1.70% 2011 2.00% 2012 2.20% 2013 2.35% 2014 2.60% 2015 2.75% 2016 3.00% 2017 Bidder UBS FINANCIAL SERVICES INC. RBC CAPITAL MARKETS CRONIN & COMPANY, INC. WELLS FARGO BROKERAGE SERVICES, LLC UNITED BANKERS' BANK ROBERT W. BAIRD & COMPANY, INCORPORATED UMB BANK, NA Moody's Rating: Aa3 Net Interest True Interest Price Cost Rate $1,496,700.00 $158,544.86 2.2919% $1,496,547.60 $161,804.90 2.3414% $1,480,381.80 $162,500.14 2.3629% $1,447,725.00 $163,199.04 2.4067% $1,465,246.10 $176,760.532.5892% $1,445,571.60' $181,477.05 2.6793% (Continued) Public Sector Advisors REOFFERING SCHEDULE OF THE PURCHASER -------------------------------------------------------------------------------------------------------..------------------------------------------------ Rate Year 2.00% 2010 2.50% 2011 3.00% 2012 3.00% 2013 3.00% 2014 3.00% 2015 3.00% 2016 3.00% 2017 Yield 0.70% 1.30% 1.50% 1.68% 2.00% 2.20% 2.40% 2.65% * Subsequent to bid opening, the issue size was not changed. 881: 5.16% Average Maturity: 4.659 Years EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL CITY OF STILL WATER, MINNESOTA HELD: February 3, 2009 Pursuant to due call, a regular meeting of the City Council, City of Stillwater, Washington County, Minnesota, was duly held at the City Hall on February 3, 2009, at 7:00 P.M., for the purpose, in part, of considering proposals and awarding the competitive negotiated sale of $1 ,445,000 General Obligation Capital Outlay Bonds, Series 20091\. The following members were present: and the following were absent: In accordance with Resolution No. adopted by the City Council on January 6, 2009, the City Clerk presented proposals on $1,445,000 General Obligation Capital Outlay Bonds, Series 2009A, which were received, opened and tabulated at 10:00 A.M., Central Time, at the offices of Springsted Minnesota ("Springsted") on this same day: Bidder Interest Rates True Interest Cost See attached The Council then proceeded to consider and discuss the proposals, after which member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $1,445,000 GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 2009A, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Stillwater, Minnesota (the "City") has heretofore determined and declared that it is necessary and expedient to issue $1,445,000 General Obligation Capital Outlay Bonds, Series 2009A (the "Bonds" or, individually, a "Bond"), pursuant to Minnesota Statutes, Chapter 475, and Sections 10.5 and 10.6 of the City's Charter, to finance the cost of the 2009 capital outlay projects of various City departments (the "Project") as more fully described in the resolution duly adopted by the City Council on January 6,2009; and B. WHEREAS, the City has retained Springsted as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and C. WHEREAS, it is in the best interests of the City that the Bonds be issued in book- entry form as hereinafter provided; and 2276676vl NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of (the "Purchaser"), to purchase the Bonds in accordance with the Terms of Proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received, is accepted and the Bonds are awarded to the Purchaser. The City Clerk is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders any certified or cashier's checks or Financial Surety Bonds. 2. Bond Terms. (a) Original Issue Date: Denominations: Maturities: Term Bond Option. The Bonds shall be dated February 15, 2009, as the date of original issue, be issued forthwith on or after such date in fully registered form, be numbered from R-l upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations") and shall mature on February 1 in the years and amounts as follows: Year Amount Year Amount 2010 2014 2011 2015 2012 2016 2013 2017 All dates are inclusive. As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws ofthe State of New York or any ofits successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). 2 2276676vl (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accura9Y of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). 3 2276676vl (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (c) Termination of Book-Entry Only System. Discontinuance of a particular Depository's services and termination of the book-entry only system may De effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph II. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any 4 2276676vl such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The Bonds shall provide funds to finance the Project. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Project shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for the Project are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August I of each year (each, an "Interest Payment Date"), commencing August 1,2009, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year Interest Rate Maturity Year Interest Rate 2010 2011 2012 2013 2014 2015 2016 2017 5. Redemption. The Bonds are not subject to redemption and prepayment in advance of their respective maturity dates. 6. Bond Registrar. U.S. Bank National Association, in St. Paul, Minnesota is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) ofthe Bonds in the manner set forth in the form of Bond and paragraph 12. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 5 2276676vl UNITED STATES OF AMERICA STATE OF MINNESOTA WASHINGTON COUNTY CITY OF STILLWATER R- $ GENERAL OBLIGATION CAPITAL OUTLAY BOND, SERIES 2009A Interest Rate Maturity Date Date of Original Issue CUSIP % February 1,_ February 15,2009 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1,2009, at the rate per annum specified above (calculated on the basis ofa 360-day year oftwelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of U.S. Bank National Association, in St. Paul, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name ofthe Depository or its Nominee. 6 2276676vl Redemption. The Bonds ofthis issue (the "Bonds") are not subject to redemption or prepayment in advance of their respective maturity dates. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $1 ,445,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and denomination, issued pursuant to and in full conformity with the Constitution and laws ofthe State of Minnesota, the Issuer's charter and a resolution adopted by the City Council on February 3, 2009 (the "Resolution"), for the purpose of providing money to finance the Issuer's 2009 capital outlay projects. This Bond is payable out of the General Obligation Capital Outlay Bonds, Series 2009A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers ofthe Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office ofthe Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shaH have been executed by the Bond Registrar. 7 2276676vl Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b )(3) ofthe Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota and the Issuer's charter to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional, charter or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Stillwater, Washington County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION Date of Registration: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION St. Paul, Minnesota, as Bond Registrar CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA Mayor By City Clerk Authorized Signature 8 2276676vl ABBREVIA nONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) under the (Minor) Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Notice: Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 9 2276676vl PREP A YMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amoun~(s) as follows: DATE 2276676vl AMOUNT 10 AUTHORIZED SIGNATURE OF HOLDER 8. Execution; Temporary Bonds. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal ofthe City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative ofthe Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and, by inserting as the date of registration in the space provided, the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue of February 15,2009. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the'registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option ofthe Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. 11 2276676vl All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The City,Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment: Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery: Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Administrator/Treasurer to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Capital Outlay Bonds, Series 2009A Fund" (the "Fund"), to be administered and maintained by the Administrator/Treasurer as a bookkeeping account separate and apart from all other accounts maintained in the official financial records of the City. The Fund shall be 12 2276676vl maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund the following separate accounts: (a) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less accrued interest received thereon, less any amount paid for the Bonds in excess of the minimum bid. From the Construction Account there shall be paid all costs and expenses of making the Project, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. The moneys in the Construction Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes herein levied; and provided further that if upon completion of the Project there shall remain any unexpended balance in the Construction Account, the balance shall be transferred by the Council to the Debt Service Account. (b) Debt Service Account. There are hereby pledged and there shall be credited to the Debt Service Account: (i) all accrued interest received upon delivery of the Bonds; (ii) any amount paid for the Bonds in excess of the minimum bid; (iii) collections of all taxes herein or hereafter levied for the payment of the Bonds and interest thereon; (iv) all funds remaining in the Construction Account after completion of the Project and payment of the costs thereof; (v) all investment earnings on moneys held in the Debt Service Account; and (vi) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from the Debt Service Account as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued, and (2) in addition to the above in an amount not greater than five percent of the proceeds of the Bonds. To this effect, any sums from time to time held in the Construction Account or Debt Service Account (or any other City fund or account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard as to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. In addition, the proceeds of the Bonds and money in the Construction Account or Debt Service Account shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the federal Internal Revenue Code of 1986, as amended (the "Code"). 16. Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct 13 2276676vl annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Levy Year of Tax Collection Amount 2009-2015 2010-2016 See attached Levy Schedule The City has heretofore levied $220,000 in 2008 for payment ofthe principal and interest on the Bonds in 2009, a direct ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City. " The tax levies are such that if collected in full they, together with estimated collections of other monies herein pledged for the payment of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 17. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, ifnotice of redemption as herein required has been duly provided for, to such earlier redemption date. 18. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than sixty days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment ofthe Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional 14 2276676vl description ofthe property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed twenty percent of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or five percent of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150-2( d)O) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status ofthe Bonds. 19. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository ("SID"), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice ofthe occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. 15 2276676vl (c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk ofthe City, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf ofthe City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 20. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 21. Certificate of Registration. The City Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Washington County, Minnesota, together with such other information as the County Auditor shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register, and that the tax levy required by law has been made. 22. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs ofthe City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 23. Negative Covenant as to Use of Bond Proceeds and Proiect. The City hereby covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 ofthe Code. 24. Tax-Exempt Status of the Bonds: Rebate: Elections. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross 16 2276676vl income under Section 103 of the Code of the interest on the Bonds, including without limitation (i) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that: (a) the Bonds are issued by a governmental unit with general taxing powers; (b) no Bond is a private activity bond; (c) ninety-five percent or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City); and (d) the aggregate face amount of all tax exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 25. Designation ofOualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b )(3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2009 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2009 have been designated for purposes of Section 265(b)(3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 17 2276676vl 26. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 27. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. Adopted February 3, 2009. Approved: Mayor Attest: City Clerk 18 2276676vl 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 considering proposals and awarding the sale of $1 ,445,000 General Obligation Capital Outlay Bonds, Series 2009A. WITNESS my hand on February _,2009. City Clerk 19 2276676vl Execution Draft: ) :Y30l0802/02109 DEVELOPMENT AGREEMENT RELA TING 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 Finn 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 pennit 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 De\elepmeRt Proiect 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 REPRESENT A T10NS. The Developer represents to the City that as of the date of this Agreement, the statements set forth in this section are true. 2.01 No Disabilitv. The Developer is, or will be, the fee owner of the Property and knows of no legal disability that would prevent them from carrying out this Agreement. 2.02 Execution No Violation. The execution, delivery and performance of this Agreement do not and will not result in any breach of, or constitute a default under, any indenture, mortgage, contract, agreement or instrument to which the Developer is a party. 2.03 Litil!ation. 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 perfonn its obligations under this Agreement. 2.04 Comoliance. 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 Lel!al Entitv. The Developer warrants that the legal entity that will hold title to Lot I, Block I, 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. Further. Developer must execute the PILOT Agreement attached as Exhibit "D" contemporaneous Iv with the signing of this Agreement. SECTION 3. IMPROVEMENT SCHEDULE. The Developer will install the Developer Public Improvements 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. ]n 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. 2 SECTION 4. COST RECOVERY; DEVELOPER PUBLIC IMPROVEMENTS. 4.01 Develooer Public Imorovements. 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 make such payment. or 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 payment of the costs of Public Improvements, or completion of the work referred in this Section, provided, however, that if the Citv has not acceJ1led all or part of the Public Improvements, the Developer is entitled to retain 10% of the amount due a contractor until the Public Improvements have been acceJ1led. SECTION 5. SECURITY. 5.01 Consultant Fees and Charl!es. The Developer will pay to the City, within thirty (30) days of being invoiced, as reimbursement for consultant fees incurred by the City on behalf of or at the request of the Developer, including the costs of engineering, legal and testing services, oversight and inspection of grading, erosion control, dewatering, utility work and any other development related improvement as well as reasonable expenses associated with inspection and supervision of construction and reinspection for one (I) 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-uo Charl!es. Developer must pay to the City before releasing the final plat for recording the following charges: (A) Lot 1. Block I: Area Char es Rate Total $62,150.72 . $98,650.31 . $83,955.53 . $244,756.56 . Unit (Ac. 5.665 Ac. $10,971 lacre $17,414/acre $ 14,820/acrel 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 constntcted 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 Formatted: Keep with next Formatted Table Formatted: Space Before: 6 pt, Keep with next Formatted: Keep with next Formatted: Keep with next Formatted: Space Before: 6 pt Connection Cha City sewer conne City WAC Total Connecti Park and Trail Park dedication Pl Trail dedication p improvements Total Park and I (B) Lot I. Blo payment in I may be issu 5.03 Security for Cost terms of this Agre consultant fees an the final plat for $ .) T and must allow th complete construct and suppliers that needed to reimbur S5.01. SECTION 6. CONS 6.01 Construction of P (A) The Devel Property in keep the maintained thereof, in (B) Upon the i lmproveme 6.02 Construction PIa the Construction its approval. Th , Costs of public trail constructi Unit Rate Total r es ction on Char es sis . Char es a ment in lieu of land ayment in lieu of Unit Rate Total $26,250.00 . $23,375.002 $49,625.00 . Trail Char es ck 2: All area charges, connections charges and park dedication lieu of charges fees for this parcel will be due before a building pennit ed for development on this parcel.. of Developer Public Improvements. To ensure compliance with the ement, and construction of all Public Improvements, the payment of all d charges the Developer agrees to deliver to the City prior to release of recording, a Letter of Credit (the Letter of Credit in the amount of he Letter of Credit must be in a form acceptable to the City Attomey e City to draw upon the instrument, in whole or in part, in order to ion of the Public Improvements, or to satisfy the claims of contractors have not been satisfied by the Developer, or to pay to the City amounts se the City for consultation fees and charges due the City pursuant to TRUCTION OF DEVELOPER PRIVATE IMPROVEMENTS rivate Improvements. oper agrees that it will construct the Private Improvements on the accordance with the approved Construction Plans and preserve and Private Improvements or cause the Private Improvements to be , preserved and kept with the appurtenances and every part and parcel good repair and condition. ssuance of Certificates of Completion for construction of the Private nts, the obligation of maintenance will be assumed by the owners. ns, Chanl!es. If the Developer desires to make any material change in Plans, the Developer must submit the proposed change to the City for e request must be filed with the Zoning Administrator. Minor on, as verified by the City Engineer. shall be credited against this $23.375 charge. 4 Formatted: Keep with next Formatted Table Formatted: Space Before: 6 pt, Keep with next Formatted: Keep with next Formatted: Keep with next Formatted: Space Before: 6 pt, Keep with next Formatted Table Formatted: Keep with next Formatted: Right: 0.01", Keep with next Formatted: Space Before: 6 pt [ Formatted: Not Strikethrough 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 pennit 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 fonn attached as Exhibit "~.g". 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 Indemnitv. The Developer further agrees that it will indemnify, defend, and hold hannless the City, its officers, employees, contractors and agents, in connection with any liens or claims from persons or entities related to the fumishing 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 pennanent 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 fonn and content satisfactory to the City Attomey. 7.02 Erosion Control Measures Durin!! Construction. Developer agrees that they will construct erosion control devices in conformance with the approved Construction Plans for the Developer Improvements. The Developers retain1! 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 Re!!ulations. Developer acknowledges that the Property is regulated by the City and that a default under City ordinances or conditions of approval of any pennit is a default as defined in this agreement, including the following conditions: (A) Compliance with the Storm Water Management Plan by the City Engineer. (8) 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 stonn water pennit 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 penn it 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 nonnally due at the time of issuance of any building penn its. 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 pennitted unless security is provided to the City for this work in the fonn 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, stonn 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 to repair or clean UD the damage. 7.06 Landscaoing. The Developer agrees to install street landscaping on the right-of-way and landscaping within the Project, according to the approved 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, fumish the City with proof of payment of premIUms on: !A.L-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. {l466.04, in effect at the time of an occurrence, for each occurrence (to accomplish the above-required limits, 6 Formatted: Outline numbered + Level: 3 + Numbering Style: A, 8, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 1" + Indent at: 1" , 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. WiliLComprehensive 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. S466.04, 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. fB}!!J... Workers' Compensation insurance covering all employees in amounts not less than the minimum required by statute. SECTION 9. INDEMNIFICA TION. 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 attomey's fees, arising out of actions or omissions by Developer, its employees and agents, in connection with the Public Improvements. 9.02 Enforcement bv City: Damal!es. 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 tenn "Event of Default" will means, whenever it is used in this Agreement, anyone or more of the following events: (A) Failure by Developer to commence and complete construction of the Developer Improvements pursuant to the tenns, conditions and limitations of this Agreement. (B) Failure by Developer to observe or perfonn any covenant, condition, obligation or agreement on its part to be observed or perfonned 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 anyone or more of the following actions: (A) Suspend work on the Project and building pennits 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 perfonnance 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 fonn 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 ]24]5 - 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 Counteroarts. 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 Ho]der 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 Governinl!. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 12.05 Severabilitv. 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 (I) year after acceptance of the Public Improvements by the City, whichever occurs later. IN WITNESS WHEREOF, the City has caused this Agreement to be executed in its corporate name by its duly authorized officers and sealed with its corporate seal; and the Developer has executed this Agreement at Stillwater, Minnesota, the day and year first above written. CITY OF STILLWATER Ken Harycki, Its Mayor ATTEST: Diane F. Ward, Its City Clerk DEVELOPER: STILLWATER SELECT PROPERTIES, LLC, a Minnesota limited liability company By: Its: 9 STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this _ day of , 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 STILL WATER, 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 10 EXHIBIT A [ Formatted: Footer distance from edge: OS' LEGAL DESCRIPTION OF PROPERTY Lot I, Block I, and Lot I, 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 tenninus 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 Impuct Fee AdeQuacv Charge 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 costs of these trail improvements, as verified by the City Engineer, shall be credited against the park and trail dedication charges required by the City. 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 rrom 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 stonnwater ponding capacity to manage surface water from the senior care property and a portion of the residential property to the south. A stonn 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, flH1:I-47 plannecl assisted living units, and 35 independent living units. The facility will have 65 parking spaces. 22 spaces will be in a surface parking lot and 46 spaces will be underground. EXHIBIT ~I) CERTIFICA TE OF COMPLETION WHEREAS, the CITY OF STILL WATER, Minnesota, a municipal corporation (the "City"), entered into a certain Development Agreement ("Agreement") with STILL WATER 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 STILL WATER 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 swom, did say that they are, respectively, the Mayor and City Clerk of the CITY OF STILL WATER, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public EXHIBIT D AGREEMENT THIS AGREEMENT is entered into this day of and between STILLWATER SELECT PROPERTIES, LLC, a company ("Select") and the CITY OF STILL WATER (the "City"). , 2009, by Minnesota limited liability WHEREAS, the City has agreed to rezone property and permit Select to construct both public and private improvements necessary to construct a senior facility in the City on the property described in Exhibit "A" (the "Facility"); WHEREAS, Select, in recognition of the City's approvals, agrees to make certain payments in lieu of taxes to the City if the Facility ever becomes exempt from real property taxes; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. PAYMENTS IN LIEU OF TAXES. In the event that the Facility ever becomes exempt from real property taxes, the owner of the Facility at that time (the "Owner") must pay to the City annual payments in lieu of taxes in an amount not to exceed the amount of real property taxes which the City would have assessed against the Facility had it remained under the ownership of a non-exempt organization. 2. PROCEDURE. In that event, the City will cause the Facility to be valued initially in the month of December of each year and periodically on the same basis and in the same manner as taxable property in the City is appraised for tax purposes. The City will provide the Owner written notice of the value so detennined. The City will annually calculate the amount which would be payable to the City as property taxes with respect to the Facility and will, on or before March 31 in each year, provide the Owner written notice of the amount so calculated. The Owner agrees to pay the City each year, the amount so calculated as payment in lieu of taxes ("PILOT"). The PILOT shall be due and payable on the same dates in each year as real estate taxes are due and payable under laws of the State of Minnesota, but shall be paid by the Owner directly to the City. Any portion of the PILOT not paid when due shall bear interest at the same rate, calculated in the same manner, as delinquent property taxes under the laws of the State of Minnesota. 3. REIMBURSEMENT. The City acknowledges that the Owner may seek reimbursement from federal and state agencies for part or all of the PILOT. The City agrees to cooperate fully with the Owner, without expense to the City, III the efforts of the Owner to apply for and collect the reimbursement. 4. TERM. This Agreement will continue in effect for the life of the Facility and is and will be binding on the successors, assigns and transferees of the Owner. 5. GOVERNING LAW. This Agreement will be governed and construed in accordance with the laws of the State of Minnesota. 6. CHANGE IN OWNERSHIP. Select must provide written notice to the City of the closing of a sale of the property to another owner within 30 days of the closing. The notice must provide the name and address of the new owner and whether the new owner is or intends to become an entity that is exempt from real property taxes. Thereafter, the obligation to provide this notice to the City will also be the obligation of any future Owner. 7. NOTICES. All notices, reports or other communications relating to this Agreement, must be sent to the parties at the following addresses, unless otherwise provided by one party to the other party in writing: If to Select: Stillwater Select Properties, LLC 12415 - 55th Street North Lake Elmo, MN, 55042 Attention: Chief Manager I f to the City: City of Stillwater 216 North 4th Street Stillwater, MN 55082 Attention: Larry D. Hansen IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. CITY OF STILL WATER By Its City Administrator - 2 - STILLWATER SELECT PROPERTIES, LLC, a Minnesota limited liability company By Its Chief Manager - 3 - r ~iIlwater ".,~~~~ Adnlinistration ) Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 2/3/2009 Re: Council representatives for Fire Relief Association The by-laws (Article V) of the Fire Relief Association requires two (2) members of Council to serve as trustees. The last two years, it has been Mayor Harycki and Councilmember Milbrandt. ACTION REQUIRED: Discuss and appoint two (2) members as trustees for the Fire Relief Association MEMORANDUM TO: Mayor & Council FROM: City Administrator Hansen SUBJECT: Tim Moore DATE: 1/30/2009 In developing the 2009 budget (which started in June of2008) one of the ways the budget was balanced was a transfer of personnel. What we discussed at that time was transferring a person from engineering into public works. With the planned retirement of Tim Thomsen, Superintendent of Public Works, we would leave that position unfilled and create a new position of Assistant Public Works Superintendent. This position would be a co-equal position to that of Nick Chaves who also has that title. In keeping with the union contract, the job position was posted internally and we had three applicants, Tim Moore, Ryan Smith and Matt Babcock. All three current employees were then interviewed by Brian Bachmeier, Oakdale Public Works Director, Shawn Sanders and me in December of2008. It was our collective and overwhelming decision that Tim Moore was the best candidate. He has the experience, education and desire to do the job and we highly recommend his appointment to the position. The reason this has not been brought forward earlier is twofold, the budget and union contracts. Currently, Mr. Moore is in the AFCSME union where he has long tenure and seniority. Ifhe is transferred to the public works department he would be in the Managers union and have no seniority. I would not want to transfer, what I consider one of our best employees to a new position, if that position was not secure. Ifhe were to be transferred and later let go because of budget concerns, I am sure that the union would file a grievance and probably prevail. Tim Thomsen retired last Friday and Nick Chaves is currently running public works alone. I do not believe he can continue to do this for the long term, as the span of control is too great for one person to manage public works, parks, sanitary sewer, storm sewer, etc. In addition, I believe that Mr. Moore will bring additional skills that will help correct some problems that we have had in the past. I am therefore requesting council permission to promote Tim Moore to Assistant Public Works Superintendent, but only if that position is deemed relatively secure. APPROVING PROMOTION OF TIM MOORE TO ASSISTANT PUBLIC WORKS SUPERINTENDENT BE IT RESOLVED, by the Stillwater City Council that the promotion of Tim Moore to Assistant Public Works Superintendent, from and after February 4, 2009 for a probationary period of 12 months. As compensation for services, Tim Moore shall receive the rate of Step 4, as specified in the 2006-2009 Stillwater Public Managers' Association Labor Agreement Approved this 3rd day of February, 2009. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk 803 Pine Tree Trail Stillwater,MN 55082 January 30, 2009 ~~ , J 0 anders, Director Public orks Department City of St water City Hall 2 No. Fourth Street Stillwater, 5082 / Larry Hanslon City Administrator City of Stillwater City Hall 216 No. Fourth Street Stillwater, MN 55082 Re: Public Works and Street Maintenance Dear Director and City Administrator: The sole purpose of this letter is to offer kudos for the great job Nick Chavez and his crew perform in maintaining the city streets and public walkways and specifically keeping them clear of snow and ice. A few weeks ago a friend and I were going out to lunch in Wisconsin and were prompted to discuss what a good job our City does on snow plowing and removal. Both of us live in the City and on dead-end streets. As you can see from my return address, I have to negotiate that miserable intersection at Pine Street in order to get anywhere. Without fail, and even early Sunday mornings and despite snow/melt conditions, when I get there, I find it has been salted and sanded so that I can safely enter the intersection, despite somewhat limited visibility. A couple of weeks after the above discussion I had a few occasions to have to be in City of St.Paul and Roseville neighborhoods. While acknowledging that St. Paul has the disadvantage of limited off-street parking, nevertheless, the streets were practically non- negotiable, even though they presumably had been plowed. This prompted me to call Nick and express my appreciation. As always, (and even when I have called with a complaint), Nick is courteous and helpful. In my opinion, he deserves recognition from the City and its officials for what a true asset he is to this City, not just from me. Most of my driving is within the City and I, as is human nature, came to take our great City maintenance for granted. Perhaps recognition at a City Council meeting would be a gentle reminder to all our citizens of how fortunate we are to have Nick Chavez performing a great but thankless job. Sincerely, ~..{l; ~ Karen C. Shimon AGENDA CITY OF STILLWATER CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street February 3. 2009 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Noise variance relating to Stillwater Library Terrace Events 2. Stillwater Library Capital Purchase - 3M Selfcheck 3. St. Croix Valley Recreation Center Capital Purchase - Za 4. Lobbyist Discussion STAFF REPORTS 1. Police Chief 2. Fire Chief 2008 Assistance to Firefighters Act Grant Award 3. City Clerk 4. Community Dev. Director Fi ce Director City Administrator CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE lar meeting minutes of January 20, 2009 PETITIONS, INDIVID 1. Senator Vand 2. Adoption of re community (Re rd & commission members for their service to the the Co cil meeting to address Council on subjects which are not a part of CONSENT AGE * (Roll I) 1. Resolutio 009-22, directing payment of bills 2. Resolution 0-23, approving Washington County Communications System Subscriber Agreement (800 MHz ra ystem) 3. Resolution 09-24, approving Minnesota Premises Permit for Lawful Gambling for Climb, Inc, Located at St. Croix Seafood & Grille, 317 Main Street S, Stillwater, MN 4. Possible approval to purchase equipment for Dive Team - Fire Department PUBLIC HEARINGS - Out of respect for others in attendance. please limit your comments to 10 minutes or less. No public hearings UNFINISHED BUSINESS 1. Possible approval of recommendations for General Obligation Capital Outlay Bonds, Series 2009A - Dave McGillivray, Springsted Inc (Resolution - Roll Call) (Available Tuesday) 2. Presentation of State of the Streets - Public Works Director Sanders 3. Possible approval of Senior Care Living Facility Development Agreement & Payment in Lieu Agreement (Resolution - Roll Call) (Available Monday) 4. Discussion on term limits for Heritage Preservation, Planning, Park & Recreation, Human Rights Commissions & and changing membership of Human Rights Commission and Heritage Preservation Commission and possible approval of resolution (Downtown Parking) an readings of ordinances for other commissions relating to term limits and membership changes (R & Ordinances - Roll Call) 5. Discussion on Community Special Events Task Force NEW BUSINESS 1. Possible appointment of member to Planning Com miss' 2. Possible approval of 2009 fees for publications and 3. Consider approval of the final design for the Lege 4. Consider approval of the 2009 CIP project list f 5. Possible approval to capital outlay purchase S Id nsid d to be routine by the City Council and will be scussion on these items unless a Council Member or e removed from the consent agenda and considered PETITIONS, INDIVIDUALS, DELEGATIONS COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed un enacted by one m citizen so request separately. Page 2 of 2 ~ ~i~W'lI~~ Administration ') Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 1/27/2009 Re: Discussion of Noise Variances related to Stillwater Library Terrace At the last meeting Council directed staff to place the discussion of noise variances related to Stillwater Library Terrace at the 4:30 meeting on February 3, 2009, to notify the neighborhood of that discussion, as well as Lynne Bertalmio, Director of the Library. That has been done. Attached is the letter sent to the neighborhood and any written comments received. "'" vUV~ ~ I/Zq)tf1 January 29, 2009 Subject: 4:30 City Council meeting, February 3, 2009 Dear Resident: This letter is to notify you that the Stillwater City Council will be discussing noise variances as it relates to the Stillwater Public Library Terrace Events at 4:30 p.m., Tuesday, February 3, 2009. This is not a public hearing therefore this item will not be published in the City's official newspaper. Written comments may be submitted by Thursday, January 29 at 4:30 p.m. to be included in the Council's agenda packet for that meeting. However, the Mayor may allow comments at this meeting. If you have any questions, please feel free to contact me at 651-430-8802. Sincerely, Diane F. Ward City Clerk 216 4th Street N., Stillwater, MN 55082 . 651-430-8800. www.cLstillwater.mn.us . A+i-: Ui &1'10 t=:- WOfd Good Evening Council members and Attendees, My name is Angela, I live directly across the street from the Stillwater Public library. I look at the terrace from my picture window. There are few people closer to the noise from the library than myself. I disagree with any noise complaints made by some. Last summer I didn't hear a thing inside my house from events held at the Library. The times I wondered outside during a wedding or event, the music was a pleasant surprise and ended at a reasonable time. There weren't any rowdy crowds; nothing sticks out in my mind as a bothersome. I don't know what all the fuss is about? I do however know a few young couples that have been married or plan on marring there. These couples have expressed excited about the views, availability, and price of the terrace. I have personally seen the views, and what a great place for a wedding or event. Romantic, beautiful, and outside! A great reflection of our towns beauty! I can't understand why so may people want to play the "fun Police" , trying to blowout everyone's candles all the time. I see no reason to complain, but then again I'm not much of a complainer. I would however be very saddened if the privilege of such a grand spot was compromised by a few people who can't just let others just have a good time! My family has lived in Stillwater for generations. I feel good about the changes rve seeing in Stillwater lately. I hope the residents of Stillwater will continue be more open to changes like these in the future! Thank You for hearing my thoughts, Angela Hudson 2f/. 3rd Strjet N ort . CfI1~dk TV{ ~'d GO~6-08t-~99 SUO!leJoqello:) dSG:gO 60 t:G uer To: Stillwater City Council January 29~ 2009 We would like to comment on noise variances as it relates to the Stillwater Public Library Terrace Events. We live directly across 3rd Street from the library~ in the condo building at 3rd & Mulberry. Since the library expansion we have experienced many problems which we are unable to do anything about. The traffic congestion~ parking issues~ people blocking our driveway while they run into the library or wait for someone are all major hassles for the people who live directly across from the entrance on 3rd Street. I addition we have to deal with people congregating across from our home~ talking~ drinking smoking - you name it - during any functions at the library. Now we are faced with another problem~ one which we sill have a chance of overcoming with your help. Our condo unit is on the upper level of the building, directly across from the terrace. We have skylights also facing the terrace~ giving us direct access to all of the noise being generated by any functions on the terrace. In addition to music~ both amplified and otherwise~ we can hear people talking, laughing and any other noise occurring on the terrace. The noise is funneled directly into our home through the open skylights. Fortunately for us last summer~ there were a few times when either due to rain or heat & humidity~ functions at the library were a little more subdued, or we had our skylights closed with the air conditioning running~ which helped alleviate the noise. On the evenings we weren't so lucky~ we put up with it - our police department has better things to do than to field calls regarding noise. Instead of calling to complain~ we decided just to take it - on the assumption we would revisit the issue again in the fall~ at which time our complaints could be heard. Now we are asking the city council to take the concerns of the neighborhood into consideration. We can understand the dilemma the city is in. However~ the budget problems currently being experienced by the city and the library should not become the problems of the neighborhood. The noise ordinance calls for a 10PM curfew and should be upheld~ with no variances. It is hard enough to have our evenings disrupted by someone else's loud music and noise until 1 OPM~ let's not aggravate the situation even further by allowing it to continue well beyond that time. Thank you for your consideration. Steve & Barb Gnan 231 3rd Street N~ Unit E Stillwater Stillwater Fire Department Memo To= Fram: Date; .. Mayor Harycki and Council .- StuartW. Glaser, Fire Ch~ January 29, 2009 2008 Assistance to Firefighters Act Grant Award Backaround I am pleased to inform Council that the Stillwater Fire Deparbnent has been preliminarily selected to receive an Assistance to Firefighters Act Grant This grant request was submitted in 2008 to assist in replacing the Departmenfs current self contained breathing apparatus (SCBA). The Stillwater Fire Deparbnent, if formally selected, will receive $136,500.00 in total funding. The federal share is $122,850.00 and the City's 10% matching share is $13,650.00. Funds for the matching portion of this grant are available in the Departmenfs Capital Improvement Plan budget This grant award will cover a significant portion of the cost of replacing this vital life saving equipment for your firefighters. It should also be noted that the Stillwater Fire Department has applied for and received over $397,500.00 in various grant funds and donations over the past several years. These funds have been used to improve deparbnent operations, purchase equipment, improve firefighter health and safety, and implement fire prevention and life safety initiatives for the citizens SFD serves and protects daily. I am extremely proud of all our department staff who successfully seek out and apply for these grant opportunities. As you can see, grant funding provides a significant cost savings to the city and helps keep the Stillwater Fire Department on the cutting edge of new technology and safety practices. Please do not hesitate to contact me if you have questions or would Uke to discuss this in more detail. Council Action Council approval to accept the Assistance to Firefighter's Act Grant award presented. 1 " THI "I'"'LACE OF ....,..I.'. CITY COUNCIL MEETING January 20, 2009 SPECIAL MEETING 4:30 P.M. Mayor Harycki called the City Council meeting to order at 4:30 p.m. Present: Staff present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki City Administrator Hansen City Attorney Magnuson Public Works Director Sanders City Clerk Ward Brown's Creek Watershed District Board President Craig Leiser called the Watershed Board meeting to order. Administrator Karen Kill did the roll call. Present: Managers Craig Leiser, Gail Pundsack, Connie Taillon and Rick Vanzwol Absent: Manager Gerald Johnson Staff present: Administrator Kill Engineer Pat Conrad OTHER BUSINESS Workshop with Browns Creek Watershed District Long Lake Mr. Leiser stated the Watershed District would be willing to do some modeling regarding the lake elevation and issues related to the weir at 72nd Street, but stated at this time there is not enough high water data to proceed with such a study. He noted there is plenty of data for low water conditions, but stated the Watershed would like to have another year of data when there is a heavy snow melt or several large storms for high water data. . Mr. Leiser stated the Watershed District is conducting a Long Lake draw down feasibility study. He stated a financial estimate should be available in the near future, and the District is looking at results from two other lakes where draw downs have been done. He said the Watershed is not contemplating doing any dredging at this time. Mayor Harycki and Councilmember Polehna asked about the delta areas at the south end of the lake. Ms. Kill said some limited dredging may be done in that area. Mayor Harycki suggested perhaps the City might be able to offer some assistance with a draw .. City Council Meeting January 20,2009 down/dredging. During discussion, Mr. Leiser pointed out that according to state statute, a draw down requires 100 percent approval of adjacent property owners, which in the case of Long Lake, is about 60 or 65 property owners. Mr. Leiser said there has been some talk of legislation to change the 100 percent approval requirement. Motion by Mayor Harycki, seconded by Councilmember Polehna directing City staff to prepare a letter to the City's state legislators seeking their support for legislation which would reduce the 100 percent approval requirement for a lake draw down. All in favor. Mr. Leiser stated he would provide City staff with the actual ~ording of the law for incorporation in the letter Mr. Leiser and Ms. Kill reviewed several projects to improve the water quality of Long Lake. They stated an experimental engineering solution is being tested at the holding pond by Herberger's where a filter that adheres to phosphorus has been installed. They said this is a new technique and the Watershed District is currently working with the manufacturer on this possible solution to high phosphorus levels. In 2009, automated sampling will be done at the pond. Mr. Leiser and Ms. Kill both expressed appreciation for the assistance that has been provided by City staff. Other water quality projects include Best Management Practices grants for lakeshore restoration or installation of rain gardens. Ms. Kill described a shoreline restoration project completed in 2008. In 2009, Ms. Kill said the Watershed District will be doing shoreline restoration in two City park areas; the two projects total 3,000 feet of shoreline, a total of 105,000 square feet. It was noted that the Watershed District has $50,000 budgeted for matching funds for Best Management Practices. It was noted that each rain garden removes from .5 to 5 pounds of phosphorus. In 2008, there were 20 shoreline restorations or rain garden projects installed, with 23 additional projects approved, according to a Watershed handout. Councilmember Polehna suggested that information about the rain garden program be included in a City newsletter. Mr. Leiser briefly highlighted a summary of lake quality which indicates Long Lake had a C+ grade in 2008 and which indicates an improving trend for water transparency and average total phosphorus. Long Lake/McKusick Lake/Lily Lake management plans - City Engineer Sanders provided copies of an internal phosphorus loading assessment for McKusick Lake prepared by Wenck & Associates. Mr. Sanders noted that it has been determined that the algae growth at McKusick is not due to the sediment in the lake - the phosphorus loading is coming from upstream. Ms. Kill reviewed the results of the 2008 sampling of the Long Lake-Brown's Creek diversion drainage area. She stated that samples were collected at the Long Lake outlet, the Jackson Wildlife Management Area outlet, the drainage crossing at Boutwell Road and at the diversion structure. She said sampling indicates that total phosphorus increases as water goes down the system, noting there is a significant difference between samples collected at the Boutwell site and the diversion structure; she pointed out there are several large wetlands in that area which may be significant. Ms. Kill said the Watershed plans to add four additional sampling sites in 2009 to try to pinpoint where the large spikes are coming from. Mayor Harycki questioned whether four additional sites would be adequate and whether sampling Page 2 of 14 City Council Meeting January 20, 2009 results would be available in a timely fashion. There was discussion about the need to determine the source of the pollution before determining a solution, and discussion of the feeling by McKusick Lake property owners that the Brown's Creek diversion project is responsible for the current problems at McKusick Lake. Ms. Kill stated the City's three lake management plans will be used to complete the final Total Maximum Daily Load (TMDL) study report, which will make the CitylWatershed eligible for federal funds. The Washington County Conservation District will serve as applicant, she said. Brown's Creek Mr. Leiser stated Brown's Creek has been listed as impaired water because of its low biota - not enough creatures to support a fish population. He said the TMDL indicates quantities of suspended solids, a high copper concentration and temperature as possible contributing factors. Ms. Kill noted that Stillwater is a MS4-permitted community and its MS4 permit will have to be updated to comply with the TMDL. Ms. Kill asked how the Council wished to be informed of the process - at workshop sessions, through staff, or at Council meetings. It was consensus that the workshop sessions are helpful and ought to be held on a more regular basis; it was decided to schedule the next workshop in late April/early May. It was noted that the Watershed has received a grant from Trout Unlimited for a stream bank restoration project. Ms. Kill said she has identified a possible site in the Brown's Creek Park Reserve for the restoration project. Stone Arch Bridoe Mr. Leiser updated the Council on efforts to repair the Stone Arch Bridge. He noted the bridge is located on private property. He said the property owner is working with a number of funding sources in an effort to refurbish the bridge. He stated the Watershed District has agreed to redirect the stream flow of Brown's Creek as the current flow is eroding the bridge abutment on the east side. It was the consensus of the City Council and the Brown's Creek Watershed District Board that another joint meeting should be held the end of April or beginning of May. The Brown's Creek Watershed District Board meeting was adjourned at 5:52 p.m. The City Council meeting was recessed until 7 p.m. REGULAR MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7:00 p.m. Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen Page 3 of 14 < City Council Meeting January 20, 2009 City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Lieutenant Jorgenson of the 34th Military Police Company stationed in Stillwater led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Councilmember Cook noted the proper spelling of her first name for the record Motion by Councilmember Polehna, seconded by Councilmember Gag, moved approval of January 6, 2009, regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Resolution of Support for the 34th Red Bulllnfantrv Division & Stillwater based 34th Militarv Police Company Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Resolution 2009-18, resolution of support for the 34th Red Bull Infantry Division and Stillwater-based 34th Military Police Company. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Mayor Harycki read the resolution of support as the Division and Company prepares for deployment to Iraq. Lt. Jorgenson thanked the Council and community for their support. Certificate of Appreciation - Tim Thomsen retirinQ Januarv 23. 2009 Mayor Harycki read a resolution expressing appreciation to Tim Thomsen for his 25 years of service to the City of Stillwater. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2009-17, certificate of appreciation to Tim Thomsen. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Page 4 of 14 . City Council Meeting January 20, 2009 Stillwater Bicycle Criterium - June 14.2009 - Andrew Dahl Andrew Dahl, representative for the Stillwater Bicycle Criterium and technical race director, was present. Mayor Harycki referred to the City's budget constraints and noted the Council recently approved forming a committee to look at issues related to special events that take place in the City. Mr. Dahl highlighted some of the details of the Nature Valley Grand Prix and requested that the Council consider allowing the race to take place in Stillwater for the 8th consecutive year. Mr. Dahl asked the Council to consider reserving Teddy Bear Park on the day of the race, June 14, so there are not two overlapping events in the same area of downtown. He said he was aware of budget constraints. He said he would be working with the Police Department to address parking issues. Mayor Harycki pointed out it will be some time before the special events committee, yet to be formed, will begin addressing issues and be able to provide guidance. Mayor Harycki asked about the number of police officers usually assigned to this event; Chief Gannaway stated in the past, four officers on overtime have been provided. Mr. Dahl suggested they could work with Chief Gannaway and Chief Glaser or Lakeview Hospital regarding the number of officers and EMTs. Councilmember Gag asked about Public Works involvement; Public Works Director Sanders responded the streets are swept before the race and cracks sealed, about a 12-16-hour time commitment. Mr. Dahl stated at this time, the race people are just seeking the approval to hold the race in Stillwater in order to begin planning. Mr. Dahl said race organizers are aware of budget issues and would be willing to reimburse the City for staff time, if necessary, noting the race is a non-profit organization that helps raise funds for Children's Hospital hospice. During discussion, it was suggested any agreement with bike race organizers should be consistent with the agreement for the new Stillwater Marathon. Councilmember Cook suggested that an agreement should consider the issue of street closures, which she said has been raised as a concern with some of the larger special events. c Councilmember Polehna expressed his concern about closing Teddy Bear Park, as requested, on Father's Day weekend. Mr. Dahl explained they are not requesting closure of the Park but reserving the park so no other large events, such as a family reunion, are scheduled there for the same time as the race. Motion by Councilmember Cook, seconded by Councilmember Polehna to form a task force to look at pursuing hosting the Stillwater Bicycle Criterium. OPEN FORUM No public comments. STAFF REPORTS Police Chief Gannaway reported on parking alternatives as requested. He stated currently a monthly $10 parking pass is available to citizens which enables holders to park anywhere in the City. He stated all parking lots are free after November 1. Mayor Page 5 of 14 " City Council Meeting January 20, 2009 Harycki said downtown business owners have suggested there be a program of free parking during weekdays that accommodates downtown business employees and encourages local residents to shop downtown. Chief Gannaway noted that employees have a tendency to take prime parking spots, which should be reserved for paying customers. Councilmember Gag said the Parking Commission felt that $10 was a reasonable price for monthly parking privileges. Mayor Harycki reported that Greg Gartner has offered parking spots behind the former Associated Eye Building for weekend parking and may be willing to consider off-hour parking as well. Community Development Director Turnblad said he had additional discussions with Mr. Gartner and will be bring the details to the Parking Commission. Police Chief Gannaway also reported on options for dealing with graffiti, as requested. He stated the Police Department has been working with the Youth Service Bureau to have juvenile offenders do some of the cleanup. He said the Youth Service Bureau is currently waiting for referrals for such a program. Councilmember Cook suggested getting property owners' permission in advance, so when there are referrals, the work can be done immediately. Fire Chief Glaser reported that Captain Ron Johnson will be retiring effective Jan. 31, 2009, leaving the department with a full-time staff vacancy. He noted that Captain Johnson has served the City for over 26 years; he stated a more formal recognition ceremony will take place at a later date. Community Development Director Turnblad provided an update on the parking ramp. He stated next week major equipment will begin to be brought to the site. In early February, pile driving will start, with utility construction scheduled to begin in mid-March, retaining wall construction in late March, and foundation work to begin in April. He stated the building will begin to come out of the ground in May, with completion estimated around November 1. He stated that by February 1, the Lowell Inn, Second Street and Rivertown Commons' lot will no longer be usable, with the interim parking park in place before that time. Public Works Director Sanders reported staff and the Corps of Engineers have agreed upon an appraiser to work on land acquisition costs for the levee project and that he is trying to schedule a meeting to get that process moving. He provided a brief history of the project for new Councilmembers. Mayor Harycki addressed some budget issues related to the project. City Administrator Hansen told the Council staff has been looking at refunding of four bond issues for a possible cost savings. He said at this time the bond market is favorable and it appears that if three of the issues are refunded, the City could save nearly $400,000. He asked the Council to authorize a resolution for staff to pursue a refunding with staff to come back with the details when they are known. Page 6 of 14 City Council Meeting January 20, 2009 Motion by Mayor Harycki, seconded by Councilmember Roush to adopt Resolution 2009-21, authorize the refunding of the three bond issues 19988, 2000D, and 2002A. Ayes: Councilmembers Cook, Gag, Polehna and Roush and Mayor Harycki Nays: None CONSENT AGENDA Mayor Harycki asked that item NO.5 be pulled for staff explanation. Motion by Councilmember Polehna, seconded by Councilmember Gag to approve the Consent Agenda, excluding item NO.5. 1. Resolution 2009-14, directing payment of bills 2. Possible approval of waiver of garbage collection charges 3. Possible approval to renew antivirus licenses for 2009 4. Resolution 2009-15, approval of Northland Park Warming House agreement 5. Resolution 2009-16, a resolution adopting a reassessment and providing for an abatement of certain assessments and the refund of an assessment that has been paid but determined to be invalid Councilmember Cook asked that large expenditures, such as the TIF payments, be explained in more detail to reference a specific project. Community Development Director and Mayor Harycki explained the TIF concept. Councilmember Roush asked about Item 2; City Clerk Ward explained the City's ordinance provides relief for senior citizens, either reduced rates or a waiver of fees. Ms. Ward noted seniors must make application and meet certain income criteria. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None City Attorney Magnuson explained Item NO.5 relates to the Liberty West development and the policy that established the transportation adequacy fund. He explained that the assessment is being recertified over 17 units, so the developer is paying the entire assessment, rather than including two property owners who were unaware of the assessment when they purchased their properties. Mr. Magnuson explained this is a housekeeping measure. Motion by Councilmember Polehna, seconded by Councilmember Roush to approve Item No. 5, Resolution 2009-16. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Page 7 of 14 City Council Meeting January 20, 2009 PUBLIC HEARINGS This is the date and time for a public hearino to consider the transfer of an Off-sale Iiauor and tobacco license from Sutler's. Inc.. DBA: Sutler's to Haskell's Inc.. DBA: Haskell's located at 2225 Curve Crest Blvd. Notice was published in the Stillwater Gazette on January 8.2009. City Clerk Ward noted that approval should be contingent upon Police, Finance, Fire, Building departments and Minnesota Liquor Control approvals. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Motion by Councilmember Gag, seconded by Councilmember Roush to adopt Resolution 2009-19, approving transfer of ownership of Off Sale Liquor and Tobacco licenses. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None UNFINISHED BUSINESS Possible 2nd readino of Ordinance 1003. an ordinance amendino the Stillwater Citv Code Section 31-300. entitled district boundaries & Ordinance 1004. an ordinance amendino the Stillwater Citv Code Chapter 31. entitled Zonino Ordinance bv addino "Senior Care Livino Facilitvn in the Lakeshore Residential Zonino District as a Specially Permitted Use and approval of the Development Aoreement Mayor Harycki brought up the issue of the time between first and second reading of an ordinance, recalling an instance when several years had elapsed between the two readings; he suggested perhaps that is an issue to be referred to the Charter Commission to determine if there should be a time limit between first and second reading of an ordinance. Motion by Mayor Harycki, seconded by Councilmember Polehna to refer this issue to the Charter Commission. All in favor. Community Development Director Turnblad reviewed the request. He noted that there have been no changes to the ordinances since the first reading and the only changes to the development agreement were clerical changes. Mr. Turnblad said the major issue with the development agreement was the potential payment in lieu of taxes if the property changes hands or status in the future, from profit to non-profit. He stated approval of the ordinances is recommended and is consistent with the final plat that was previously approved. City Attorney Magnuson spoke to the development agreement and the payment in lieu of taxes, noting the agreement provides a promise from the present owner that the project will be held by a non-charity; the problem is any remedy if the property changes to a tax-exempt status. Mr. Magnuson said he thought the development agreement does provide an opening to have discussions about this issue with any future owners. Page 8 of 14 . City Council Meeting January 20, 2009 Mayor Harycki pointed out that this clause, which would be a covenant to the title, would expire in 20 years and wondered if there is a more permanent solution. City Attorney Magnuson suggested perhaps the City could pursue a separate payment in lieu agreement. Greg Johnson, speaking for the developer, said they have no problem in a payment in lieu agreement of some type. Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt 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 Facilityn in the Lakeshore Residential Zoning District as a Specially Permitted Use. Ordinance 1004 would not be published until an actual building permit is ready for issuance by the City Building Official. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None It was the consensus of the Council to bring the development agreement back at the next Council meeting with the direction that a separate agreement is crafted dealing with the payment in lieu of issue. Information on Term limits & Council Representative as a votina member on HPC & Human Riahts . City Clerk Ward referred to a memo in the agenda packet. Regarding term limits, she stated not enough applications are received to fill vacancies, noting the Planning Commission and Parking Commission are both short of membership. Mayor Harycki suggested that term limits could be suspended if there is a drought of applicants. Councilmember Gag spoke of the value of experience on Commissions, referring to the Heritage Preservation Commission. Regarding non-voting membership, Ms. Ward pointed out that to make the Council representative to the Heritage Preservation and Human Rights commissions voting members would require adding or eliminating another citizen representative, and applications are down at this time. Ms. Ward suggested a change could be made when Commission terms expire next or if someone resigns. Motion by Mayor Harycki, seconded by Councilmember Cook to tab'e this issue until the next meeting, with City Clerk Ward to provide information on the term length of the various commissions. All in favor. Mayor Harycki noted while not on the agenda, makeup/mission of a special events committee was supposed to be brought back at this meeting. He asked if Council wished to take this issue up now or direct staff to prepare a write-up and bring it back at the next meeting. It was consensus to have staff prepare a write-up for discussion at the next meeting. Page 9 of 14 City Council Meeting January 20, 2009 Mayor Harycki also noted that when doing committee assignments, appointment to the personnel (review) committee was missed, noting that the committee previously consisted of the mayor and one councilmember; he asked City Clerk Ward to add it to the committee list so it is not missed next year when making assignments. Councilmember Polehna volunteered to serve on the personnel committee. Councilmember Roush suggested that the committee be made up of the mayor and vice mayor in future years. Motion by Councilmember Gag, seconded by Councilmember Roush, moved to appoint Mayor Harycki and Councilmember Polehna to the personnel committee and in future years put the Personnel Committee on the Council Representatives appointment list that the Mayor and Vice Mayor shall serve on the Personnel Committee. All in favor. NEW BUSINESS Consideration of a noise variance at Stillwater Public Library for June 6. 2009 - Trent Ooren City Clerk Ward stated a request for a variance from the noise ordinance had been received for a wedding being held at the Stillwater Public Library on June 6. The request is to waive the noise ordinance until 11 :30 p.m., Ms. Ward noted that previously the Council had directed staff to notify a neighborhood contact person; she said a letter had been sent to the contact person making him aware of the request. Mayor Harycki pointed out that the Council had indicated it would look at this issue in depth at the conclusion of last year's wedding season to analyze the impact on the neighborhood, something that was never done. The neighborhood contact person asked if this could be put off until there is further discussion at the Council level; he stated that for some folks, the noise has diminished, but for others, it is still a problem. The spokesperson wondered if granting this variance would set precedence for other requests; he suggested having a "switchn to move music indoors after 1 0 p.m. Police Chief Gannaway stated one complaint had been received last year. Mayor Harycki suggested notifying all the neighborhood and invite feedback at the next Council meeting. The applicant was present and stated they are planning to have a band and were planning to have it outdoors. Ann Young, event coordinator for the Library, said the problem with moving activities indoors is with the capacity of the indoor room; the room has a capacity of about 100, while many weddings may have as many as 300 guests. Ms. Young also spoke to the potential impact on Library rentals. Mayor Harycki noted the request is just to move the music/dancing indoors. other activities could still take place outdoors. It was determined that because the issue has not been settled and that the applicant needs to plan for a wedding that a formal decision should be made. Motion by Council member Polehna, seconded by Councilmember Gag to deny the requested noise variance. Page 10 of 14 ~ City Council Meeting January 20, 2009 Mayor Harycki directed staff to send notices to the neighborhood for discussion of this issue at the 4:30 workshop session at the next Council meeting on February 3, 2009 Possible release of capital for purchase of 3M Selfcheck & Storaoe Room Ladder & Railino - Library Mayor Harycki noted the City has instituted a freeze on capital spending. On a question from Councilmember Polehna, City Administrator Hansen said Library Director Bertalmio did speak with him about these requests. Regardin,g the Selfcheck equipment, Mr. Hansen said the intent is for efficiency in staffing. Regarding the ladder and railing, he said he thought that was a safety issue. Mayor Harycki suggested taking up the request for the Selfcheck at the next meeting when other library issues are to be discussed and when Ms. Bertalmio will likely be present to explain the necessity of the purchase. Motion by Councilmember Polehna, seconded by Councilmember Cook to approve the purchase of the storage room ladder and railing and table the Selfcheck request until the next meeting. All in favor. Reauest the purchase of replacement chief command vehicle - Fire Department Fire Chief Glaser requested the release of funds for the purchase of a replacement chief command vehicle. He noted funds had been approved in the 2009 capital improvement budget. The new vehicle will be replacing a 2001 Chevy Blazer with over 91,000 miles and maintenance costs of over $10,000 in the last several years, he said. Chief Glaser noted command vehicles are important pieces of equipment for appropriate response to incidents. Councilmember Polehna noted this issue had been discussed extensively during the budget process. Councilmember Roush stated that he thought this was an essential, rather than non-essential, purchase Motion by Councilmember Gag, seconded by Councilmember Roush to approve the capital purchase of a replacement chief command vehicle for the Fire Department. All in favor. Reauest the purchase of ice resurfacino machine - St. Croix Vallev Recreation Center City Administrator Hansen stated Rec Center Manager Doug Brady had spoken with him about this request. He said the current machine is 10 years old, and Mr. Brady has found that the optimum trade-in time is about 8 years. Mr. Hansen noted that Mr. Brady's memo also includes a number of expenses that will likely be incurred if the machine is not replaced. Mr. Hansen noted the purchase is s'cheduled over a five-year cycle. Councilmember Polehna said he would encourage that sponsorships be pursued but noted the machine is essential to the functioning of the Center. Motion by Councilmember Polehna, seconded by Councilmember Gag to approve the request as presented. Page 11 of 14 " City Council Meeting January 20, 2009 Councilmember Cook expressed concern about the cost and spoke in favor of being creative in pursuing other funding sources. It was noted the St. Croix Valley Recreation Center is very-well managed and does contribute toward debt service on the facility. Councilmember Roush asked whether a refurbished unit would be a reasonable option. Councilmembers Polehna and Gag agreed to rescind the motion pending additional information regarding the viability of utilizing a refurbished machine. Motion by Councilmember Roush, seconded by Councilmember Cook to table the request to the next meeting for additional information. All in favor. Possible budQet cuts City Administrator Hansen stated after the December 2008 state funding reductions, department heads were asked to loo~ at budget cuts in the 4 percent and 6 percent range. He said he anticipates when the Governor announces his budget; the City will see additional cuts in the range of 5-10 percent. He reviewed the summary of possible department cuts that total a bit over $650,000 and suggested it is critical the Council take action in the very near term or making cuts becomes even more difficult as the budget year progresses. Mr. Hansen specifically reviewed the Mayor and Council budget cuts, noting the recommendation includes the elimination of lobbyist services and all contingency funds and elimination of AMM membership. Mayor Harycki spoke in favor of continuing to fund lobbyist services given the two big projects, levee and bridge, which the City needs to see to fruition. Councilmember Gag agreed it would be shortsighted not to include funding for lobbying services. City Administrator Hansen mentioned possible additions to t~e proposed cuts which consisted of Council medical insurance, limit seal coating, limit sweeping, sell unused City land, charge for planning staff time, voluntary unpaid leave program, bill for medical calls, eliminate overtime by using comp time; and contract out MIS and Engineering services to other entities. Councilmember Roush had several specific questions related to police and fire line items; he also asked whether the contribution for fireworks included both the 4th of July and Lumberjack Days, saying he would expect the City to contribute for the 4th of July celebration, but not the Lumberjack Days display, as a private venture. City Administrator Hansen said he would check the contract with St. Croix Events. Motion by Mayor Harycki, seconded by Councilmember Polehna to accept the budget cuts as presented, with the exception of the lobbying pending further Council discussion, with the added direction to begin preparation for an additional 5 percent reduction. All in favor. Page 12 of 14 City Council Meeting January 20, 2009 Possible appointment of alternate for Joint Cable Commission Motion by Mayor Harycki , seconded by Councilmember Polehna to' adopt Resolution 2009- 20, appointment to Joint Cable Commission. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None COUNCIL REQUEST ITEMS Mayor Harycki asked Councilmembers to check their schedules for the first or second Friday in May for possible scheduling of a Council retreat session; that was changed to the second or third Friday due to a conflict with Councilmember Cook's schedule. Mayor Harycki asked if conferences and non-essential classes have been eliminated from the budget; City Administrator Hansen responded in the affirmative to the extent possible, noting that some Police and Fire education is required. Councilmember Polehna said he has been made aware of some problems with parking around nursing homes and asked that staff come back with suggestions regarding possible adjustment of the odd-even ordinance to alleviate some of the problem. Mayor Harycki asked staff to check to see if a previous parking concern by Acer's off Poplar had been taken care of. ADJOURNMENT Motion by Councilmember Roush, seconded by Councilmember Polehna, moved to adjourn at 10:09 p.m. All in favor. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2009-14, directing payment of bills Resolution 2009-15, approval of Northland Park Warming House ag reement Resolution 2009-16, a resolution adopting a reassessment and providing for an abatement of certain assessments and the refund of an assessment that has been paid but determined to be invalid Resolution 2009-17, certificate of appreciation to Tim Thomsen. Page 13 of 14 City Council Meeting January 20, 2009 Resolution 2009-18, resolution of support for the 34th Red Bull Infantry Division and Stillwater-based 34th Military Police Company. Resolution 2009-19, approving transfer of ownership of Off Sale Liquor and Tobacco licenses Resolution 2009-20, appointment to Joint Cable Commission Resolution 2009-21, authorize the refunding of the three bond issues 1998B, 20000, and 2002A 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 Facilityn in the Lakeshore Residential Zoning District as a Specially Permitted Use (not be published until an actual building permit is ready for issuance by the City Building Official) Page 14 of 14 RESOLUTION 2009-24 RESOLUTION COMMENDING VARIOUS BOARD & COMMISSION MEMBERS FOR THEIR SERVICE TO THE COMMUNITY WHEREAS, the following people have served on the City of Stillwater's Boards and Commissions: Larry Nelson Anthony (Tony) Carr Andrea Tipple Mary Lou Rice Louise Jones Jay Kimble Erica Fultz David Peroceschi Taylor Luke Patrick Needham Jeanne Anderson Heritage Preservation Human Rights Commission Library Board Library Board Human Rights Commission Water Board Planning Commission Planning Commission Planning Commission Charter Commission Charter Commission 3+ years 8 years . 7+ years 9 years 4 yea rs 1 + years 1 year 7 + years 1 +years 7+ years 2 years BE IT RESOLVED, that they are hereby commended; that recognition be given to the fact that they have served the City faithfully, efficiently and courteously as a member of their respective Board or Commission. The council extends to them its appreciation for their dedicated service. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to enter this Certificate of Appreciation resolution upon the official record of proceedings of the council and to deliver Certificates of Appreciation to all. Adopted by the City Council this 3rd day of February, 2009. ATTEST: Ken Harycki, Mayor Diane F. Ward, City Clerk LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2009-22 1ST Line/leewes Ventures llC AI's Coffee Ancom Communications Aramark Aspen Mills Big Ink C & T Hockey Products L TD Carquest Cartridge World Catco Cesare's Wine Bar,LLC Coca Cola Comcast Cope Plastics Corporate Mechanical Creative Product Sourcing, Inc. DARE Cub Dalco Dave Holt Ford Dionisopoulos, Jeff DVS Renewal Emergency Automotive Technologies, Inc. David Eichten ESR Fallin, Jill Fastenal Company Force America Frank Madden & Associates Fred's Tire Galls Grand Prix Vending Hartland Fuel Haussner Plumbing, LLC HLP Tautges Redpath, Ltd. Holiday Fleet Iceman Industries, Inc. Ikon Office Solutions I/O Solutions IACP ITL Patch Company, Inc. J.H. Larson Junker, Brad League of MN Cities League of MN Cities Insurance Trust Lehmicke Construction, Inc. Concession Supplies Concession Supplies Ear Jack, Pager Repair Uniform Cleaning, Shop Towels, Mats, Mops Uniforms Two Dasher Boards DQ Markless Pucks Vehicle Repair Supplies Toner Equipment Repair Supplies Liquor License Refund Concession Supplies Cable/Rec Center Poly Carb to Cover Advertisements Repair Furnace Public Works DARE Supplies Concession Supplies Janitorial Supplies Vehicle Repair Supplies Mileage Reimbursement License Plate Renewal Vehicle Repair Supplies Roof Top Heater Repair Parts Books & Tuition Reimbursement Shop Supplies Road Temp Sensor & Interface Module labor Relations Services Tire Repair Uniforms Concession Supplies Fuel Repair leak 3rd Floor Sales Tax Forum Fuel Road Salt Additive Maintenance Agreement Copier Forms Membership Dues Police Shoulder Emblems Vacuum Breaker Reimburse First Responder Class 2009 leadership Conference Workers Compensation 1st Installment Snow Removal City, Snow Removal Rec Center 1,075.88 1,159.45 117.49 626.61 76.80 372.75 620.00 536.08 53.24 29.10 437.91 2,331.44 68.51 1,686.18 173.00 138.97 30.76 190.39 10.66 99.00 178.50 127.50 385.40 508.13 91.22 944.55 67.80 33.85 321.08 198.80 6,959.69 692.00 30.00 28.93 3,541.13 75.50 97.00 120.00 134.03 18.83 307.32 285.00 44,799.00 2,022.00 EXHIBIT" A" TO RESOLUTION #2009-22 Life Safety Systems Little Falls Machine, Inc. Loftier MIA Associates, Inc. Magnuson Law Firm Maritronics, Ltd. Menards Miller, Robert C & Maxine D MN Dept of Public Safety BCA MPFF New England Sports & Sales North American Salt Co. Office Depot Office Max Oxygen Service Company Pump & Meter Service, Inc. R & R Specialties of WI Inc. Reidell Shoes, Inc. Sprint St. Joseph Equipment State of WI Dept of Revenue Stillwater Courier Stillwater Gazette Stork Twin City Testing Streicher's TR Computer Sales, LLC United Refrigeration Inc. United States Postal Service UPS Viking Industrial Center Wachovia Bank NA Washington Conservation District Washington County AssessmentlTaxation Waste Management Watson Company Wet Tek lee Medical Supplies LIBRARY Baker & Taylor BWI Budget Lighting Comcast Demco G & K Services Page 2 Fire Alarm System Inspection Equipment Repair Supplies Network Support Ice Melt Professional Services Repair Sound System Rec Center Shop Supplies Refund of Special Assessment Training Fees legislative Conference Registration Blade Bench Rivetr & Supplies Road Salt Additive Office Supplies Office Supplies Oxygen Equipment Repair Supplies Repair Parts for Resurfacers Skates Cell Phones Hydraulic Oil Business Tax Registration Renewal Subscription Publication Geotechnical Exploration Police Supplies Computer Consulting,laserfiche,Permitworks Repair Supplies First Class Presort Fee Renewal Freight Gas Alert Monitor Research Expenses 4th Qtr Water Monitoring,Shared Water Resource Accuvote Maintenance Fees/Truth in Taxation Service Fees Concession Supplies Chemical for Cooling Tower Medical Supplies Library Materials Children's Books Light Bulbs Telecommunications Supplies Rugs & Towel Services 'T 804.04 222.58 67.50 684.91 7,876.83 456.92 15.44 2,035.17 180.00 60.00 1,038.60 28,843.70 224.65 81.20 544.45 128.01 884.38 630.92 182.62 471.93 10.00 32.00 43.74 3,000.00 145.02 2,127.50 113.67 180.00 35.80 990.45 13.75 1,143.00 5,527.79 12.34 281.19 863.94 69.01 761.00 35.44 75.88 49.90 9.17 196.40 EXHIBIT" A" TO RESOLUTION #2009-22 Gale Group Heritage Printing Howe, Lindy Johnny's TV Office Depot Office Max Office of Enterprise Technology Quill Random House Simplex Grinnell Stillwater Gazette Washington County Library MANUALS January 2009 Long Lake Villas Pfister, Richard H. Qwest US Postal Service Xcel Page 3 Young Adult Non Fiction Supplies Library Materials Panasonic Projector Office Supplies Office Supplies Telephone Toner and Printer Ribbons Children's Audio Building Repair Advertisement Library Materials & Supplies & Database Subscript Contractual TIF #8 long lake Villas Contractual TIF #8 long lake Villas Telephone Rec Center Postage for Postage Machine Electricity, Gas 21.21 18.50 130.21 9,674.90 37.79 26.89 288.61 399.06 48.00 239.00 121.02 2,156.86 26,702.90 14,165.56 224.03 9,000.00 32,965.06 RESOLUTION 2009-23 APPROVING WASHINGTON COUNTY COMMUNICATIONS SYSTEM SUBSCRIBER AGREEMENT (800 MHZ RADIO SYSTEM) BE IT RESOLVED by the City Council of Stillwater, MN that the communications system subscriber agreement for the 800 MHz radio system between the City of Stillwater and Washington County, as on file with the City Clerk, are hereby approved and authorizes the Mayor and City Clerk sign said agreement. Adopted by the Stillwater City Council this 3rd day of February, 2009 Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk WashingU?n ~~County r""_--__ ,..- - Commitment to TJccelfe.nce Office of the Sheriff December 26, 2008 Larry Hansen, City Administrator 216 Fourth Street North Stillwater, Minnesota 55082 Mr. Hansen, ) William M. Hutton Sheriff ~- ~~~~~ ~ Mike Johnson Chief Deputy On September 5 of 2006, the Washington County Board of Commissioners adopted administrative policy #1036 establishing the cost participation between Washington County and other agencies for the 800 MHz radio system. The 800 MHz radio system construction is nearing completion and will be put into service starting in the middle of February 2009. We are in the process of completing work on programming of the radios and training for users of the radio system. Enclosed with this letter, you will find a user agreement for your review and approval by your city council. This agreement between the city and county will cover the use of the radio system by members of your police and fire departments. The radio system is also available for use by other departments in your city such as public works and park departments. There are three copies of the agreement. Please have all three signed and returned to me. When the County Board signs the agreement, I will return one to your city. If you have any questions, feel free to contact me at 651.430.7863 or dean.tilley@co.washington.mn.us ~1-- ~/~~~ witt '~h ~ \ .~'-U e-<{~ tM,~~ 111J~~ ;:r;;r 4 fv ~ ~ w.4 ~ - J4u~~urf- ~h- I 0 ~.' l~ ~ ~/?!J ~ '" ~ .4. ';;;;';:;; -.0 Law Enforcement Center · 15015 62nd Street North P.O. Box 38 1,Stillwat ;,Mi e~o~o~~' Phone: 651-430-7600 · Fax: 651-430-7603 · T1Y: 651-430-6246 .A..,~.../ _ .j- www.co.washington.mn.us . v -; ~ Equai Employment Opportunity I Affirmative Action ;)-rA~ ~ aI7;- CJ~~ Dean Tilley, Radi~er Washington County 15015 62nd Street North P.O. Box 3801 Stillwater, Minnesota 55082 . ~ Washington ~ ~County Administrative Policy #1036 COST PARTICIPATION BETWEEN WASHINGTON COUNTY AND OTHER AGENCIES FOR THE 800 MHz RADIO SYSTEM PURPOSE To establish policies for determining the appropriate allocation of costs between governmental units that will utilize the planned 800 MHz radio system in Washington County. DEFINITIONS Reaion-wide Public Safety Radio Communications Svstem - a communication system designed to provide outdoor portable radio coverage in the Twin Cities metropolitan area. It includes a network of antennas, receivers, and transmitters located in a geographic area connected by technology (currently microwave links or fiber optic cable) that allows transmissions from any location within the geographic region to be repeated throughout the geographic region. 800 MHz - The frequency band identified for construction and operation of the Region- wide Public Safety Radio Communications System. Other frequency bands commonly used for public safety communications include, but are not limited to: low band, VHF or high band, and UHF. Washinaton County Sub-network - Additional towers, base station equipment, and microwave equipment necessary to provide the level of radio coverage and capacity within Washington County for public safety entities. Public Safety Answerina Points (PSAP) - Describes the location and facility where 9-1-1 calls are answered and dispatched. Mobile Radio - Equipment used to transmit and receive two-way voice communications, which is installed in a public safety vehicle. Portable Radio - Equipment used to transmit and receive two-way voice communications, which may be carried (often in the hand or on the belt) and which is powered by batteries. Control Station Radio - Equipment used to transmit and receive two-way voice communications, typically used as a "base" station by fire departments and pOlice departments that do not operate a PSAP. Implemented: September 5, 2006 Page 1 of 4 Revised: Policy #1036 Radio Infrastructure - A network of antennas, receivers, transmitters, and microwave/fiber optic equipment utilized for the 800 MHz radio system. The infrastructure is sometimes referred to as the "backbone" of the system. This does not include mobile, portable, or control station radios. 800 MHz Svstem Administrator - A Washington County employee assigned the responsibility of managing the 800 MHz radio system within Washington County. COST SHARING POLICIES A. Washington County will assume responsibility for the initial purchase of the Washington County sub-network infrastructure within the geographic boundary of Washington County and the communication center equipment utilized in the Washington County Sheriff's Office Communication Center, a Public Safety Answering Point (PSAP). B. Municipalities that elect to operate a Public Safety Answering Point (PSAP) or a local communication center will assume responsibility for related 800 MHz radio system infrastructure costs and local communication center equipment. C. Each local unit of government will assume responsibility for the cost of the purchase or lease of mobile, portable, and control station radios utilized by its organization and staff. D. If federal, state, or regional grant funds are received, these funds will first be allocated according to the requirements of the grant agreements. Grant funds that are made available to the 800 MHz system project without restrictions or specific designation will be allocated to cities and the county on a proportionate share basis computed on the total cost of the elements to be funded, if matched by the receiving city and/or county. If this policy differs from any applicable grant agreement, participation will be negotiated by the County Administrator. (See example in Attachment A.) E. Equipment purchased by local units of government must be compatible with the 800 MHz radio system infrastructure as approved by the 800 MHz system administrator. F. Each local government will assume responsibility for annual maintenance or licensing costs for its mobile, portable, and control station radios, as well as any system access fees assessed by the Metropolitan Radio Board, or its successor. G. Each local government will assume responsibility for annual maintenance and licensing costs for infrastructure based on its proportionate share of mobile, portable, and control station radios. This fee will be determined when the final system design is completed and actual costs can be determined. This fee may also Implemented: September 5,2006 Revised: Page 2 of 4 Policy #1036 include costs for programming radios, user training, and system administration costs. H. Washington County will negotiate and administer a maintenance service agreement with a qualified service provider for the infrastructure equipment. Washington County will also negotiate a maintenance service agreement for the maintenance and repair of its mobile, portable, and control station radio equipment. This agreement will be extended to include local units of government using equipment made by the same manufacturer. If a significant number of local units of government lease or purchase equipment from a different manufacturer than the county selects, the county may also choose to negotiate a contract on behalf of those entities. I. The costs for any additional compatible enhancements to the radio system infrastructure or equipment that are not included in the original network design will be the financial responsibility of the requesting local unit of government. (The most likely example will be enhancing coverage inside commercial or industrial buildings such as:' schools, hospitals, government buildings, or large factories.) VARIANCES Any variance from this policy must be approved by the Washington County Board of Commissioners. SOURCE County Board action on September 5, 2006 Implemented: September 5.2006 Revised: Page 3 of 4 .' , . Washington ~ ~County Communications System Subscriber Agreement Between Washington County and City of Stillwater Regarding: Use of the Region wide Public Safety Radio Communications System, Washington County Sheriff s Office 15015 62nd Street North, P.O. Box 3801 Stillwater Minnesota 55082 Region wide Public Safety Radio Communications System THIS AGREEMENT made and entered into by and between the COUNTY OF WASHINGTON, a body politic and corporate, under the laws of the ST ATE OF MINNESOTA, hereinafter referred to as the "COUNTY" and the: City of Stillwater 216 Fourth Street North Stillwater Minnesota 55082 acting by and through its duly authorized officers, hereinafter referred to as the "USER". WITNESSETH: WHEREAS, the COUNTY established Administrative Policy #1036 to operate and maintain a county sub-network of the Region wide Public Safety Radio Communication System, hereinafter referred to as "System"; and WHEREAS, the COUNTY has provided for the capability of Cities, Agencies, Districts and Other Authorized Users within the County to have access to the System; and WHEREAS, the COUNTY bears primary responsibility for the health, security and integrity of the System and other communications systems; and WHEREAS, the USER has elected to participate as a subscriber with end user radios operating on the System. NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the COUNTY and the USER agree as follows: 1. PURPOSE AND INTRODUCTION The purpose of this Agreement is to define the rights and obligations of the COUNTY and the USER with respect to the cooperative and coordinated purchase, lease, maintenance, technical and administrative support and use of portable, mobile, desktop and other end user radios by the USER on the COUNTY's System. The System is a multi-site general purpose wireless communications system designed to provide, among other things, 95% area coverage reliability for portable radio operation above ground level in light to medium buildings throughout most of the County. Other USER benefits and services include, access to a wide area nine county region wide public safety radio communications system, multiple system redundancies with backup power, a wide range of talk groups, electronic identification of all radios on all transmissions, encryption availability, system security, radio interoperability, 24 hour a day system monitoring and repair response, access to a pool of special event radios and USER radio training. 2. DUTIES AND RESPONSffiILITIES OF USER 2.1 Conformance to Statewide Radio Board (SRBt Metropolitan Emergency Services Board (MESB) and COUNTY Standards USER agrees to be aware of and conform to all applicable standards, policies, procedures and protocols established or amended by the SRB, MESB and COUNTY related to use of the System including but not limited to radio user training requirements, radio operating guidelines, audit, monitoring and compliance. 2 " 2.2 Conformance to Federal Laws and Regulations USER agrees to be aware of and conform to all applicable Federal Rules, Regulation and Laws pertaining to use of the System including but not limited to the Communications Act of 1934 as Amended and Pan 90 of the Federal Communications Commission Rules and Regulations. 2.3 Response to Improper Use In the event COUNTY informs USER that statistical analysis of System usage or other information indicates that USER personnel may have inappropriately used the System, or may have violated standards, policies, procedures, rules, regulations or laws regarding proper operation of the System, or may have violated the provisions of this Agreement, USER agrees to take immediate and appropriate investigative and corrective action to stop the violation and eliminate any reoccurrence. 2.4 Subscriber Support Fees USER agrees to pay COUNTY all Subscriber Support Fees assessed to USER by COUNTY. Subscriber Support Fees for 2009 and 2010 will be $400.00 per radio. The Subscriber Support Fees are subject to annual adjustment. The COUNTY shall provide USER notice of any proposed annual change to the Subscriber Support Fee by May 1 St of each year. The COUNTY will notify the USER of the actual Subscriber Support Fee by September 1 st of each year. 2.5 Pass Through Metropolitan Emergency Services Board User Fees In addition to the cost assessed under Section 2.4 of this agreement, the USER agrees to pay to COUNTY all user fees attributable to USER assessed to the COUNTY by the MESB, or its successor entity if applicable, and passed through by COUNTY to USER 2.6 Invoicing and Payment Terms COUNTY will invoice USER monthly, or at other intervals as determined by COUNTY, for all fees specified herein. All fees specified in this Agreement will commence as follows: For radios activated on or before the 15th of the month, USER will be charged for the entire month. For radios activated after the 15th of the month, the fees will commence on the first day of the following month. Payment of all fees herein shall be made directly to the COUNTY within thirty (30) days from receipt of the invoice. 2.7 Provisional Use of USER Purchased and Owned Radios and Radio Software USER may utilize radios purchased and owned by USER on the System provided that such radios and radio operating software versions are specifically certified for use on the System by the MESB and the COUNTY. The USER shall not access or use the system with non-certified radios or radios operating with non-certified software versions. 2.8 De-certification and Disposition of Obsolete Radios The SRB, MESB and/or COUNTY may de-certify radios and/or radio operating software versions which become obsolete for reasons including but not limited to: become unsafe to use, impair System performance, are no longer supported by the radio Manufacturer, are no longer supported by the COUNTY, exhibit substantial defects, exhibit performance deficiencies, impair implementation of System upgrades, become unreliable, become economically unfeasible to maintain, etc. Except in those cases affecting safety or performance impacts to the System, COUNTY will make reasonable efforts to avoid de-certification of radios used by the USER and to provide USER with at least one (1) year of advance notice prior to the effective date of radio or software version de-certification. De-certified radios or radios operating with de-certified software versions will not be allowed to access or use the System. 3 ,} II ,_ 2.9 Limitation of Radio Programming. Radio Code Plug Programming Files and System Key File Regardless of ownership, all radios on the System shall be programmed by the COUNTY or with permission from the COUNTY and the COUNTY shall retain an archived electronic copy of all radio code plug programming files and encryption keys files installed in all USER radios covered under this Agreement. The configuration of all radio code plug programming files and radio templates shall be subject to approval by the COUNTY before the radios will be activated on the System. All radio code plug programming files, system key files and encryption key files are the sole property of the COUNTY, and contain information that is classified as securitv information and non-public 20vemment data. Unless specifically authorized by the COUNTY in writing, USER may not directly or indirectly, permit any third party to: view, read, print, extract, copy, archive,edit, create, clone, transfer, tamper with or otherwise compromise the security of any radio code plug programming file, system key file or encryption key file for any radio on the System. If USER learns that any party has improperly or fraudulently obtained radio code plug programming file information, system key file or encryption key file, USER will immediately notify COUNTY of such an event. Maintenance and programming of radios other than Motorola radios will be the resoonsibility of the USER except for fleet map and code plue: development. which will be the responsibility of the County. 2.10 Risk of Loss for Lost. Stolen or Destroyed Radios USER assumes full risk of loss for COUNTY provided radios assigned to USER including but not limited to special event and repair loaner radios temporarily assigned to USER, which are lost, stolen, physically un-repairable or destroyed for any reason except damage which occurs while the radios are in the possession of COUNTY. USER will be invoiced, and agrees to pay for the replacement of any lost, stolen or destroyed radios. 2.11 Notification to COUNTY of Lost or Stolen Radios USER agrees to immediately notify COUNTY of any missing, lost or stolen radios so the radio can be immediately deactivated on the system. 3. DUTIES AND RESPONSIBILITIES OF COUNTY 3.1 Furnishing of End User Radios COUNTY will assist USER in selecting and ordering radios that are purchased directly by USER for use on the System. Each USER will assume responsibility for the cost of the purchase or lease of mobile, portable, and control station radios utilized by its organization and staff. Each USER will assume responsibility for annual maintenance of mobile, portable, and control station radios. Equipment purchased by USER must be compatible with the 800 MHz radio system infrastructure as approved by the COUNTY 800 MHz radio system manager. 3.2 Radio Maintenance and Repair Services COUNTY will negotiate and administer a maintenance service agreement with a qualified service provider for the infrastructure equipment. COUNTY will also negotiate a maintenance service agreement for the maintenance and repair of its mobile, portable, and control station radio equipment. This agreement will be extended to include local units of government using equipment made by the same manufacturer. However, pursuant to section 2.09 of this Agreement, the maintenance and programming of radios other than Motorola will be the responsibility of the USER. If a significant number USERs, lease or purchase equipment from a different manufacturer than the COUNTY selects, the COUNTY may also choose to negotiate a contract on behalf of those entities. 4 " . 3.3 Repair Loaner and Special Event Radios COUNTY will maintain a fleet of Motorola radios which will be made available to USER, generally on a fIrst come fIrst serve basis, for temporary assignment for special events, response to emergencies, or other similar events. USER may receive a temporary loaner radio to replace a radio taken out of service for maintenance or repair. If there are more requests for loaner radios than can be accommodated, the COUNTY will prioritize allocations and the COUNTY may require early return of repair loaner and special event radios early. 3.4 Allocation of System Resources COUNTY will allocate to USER, on a fair and non-discriminatory basis, sufficient System resources including Talk Groups, Announcement Groups, Radio Unit IDs, Alias IDs, etc. in order to provide USER with an equivalent grade of service afforded to other comparable System users. 3.5 Monitoring of USER Talk Groups COUNTY will periodically monitor talk groups allocated to USER for USER's internal use for system management purposes including but not limited to maintenance, troubleshooting, system performance assessments, unusual traffIc patterns (sudden jump in usage), policy and procedure compliance checks, etc. COUNTY monitoring of USER's talk groups may occur at any time, for any duration, may be without notice and is subject to recording. 3.6 Radio Operator Training COUNTY will provide USER with access to trainer instruction to be used in training USER's radio operators. Once the near term deployment is completed, USER will have sole responsibility for training new employees and for providing refresher training. 3.7 Database Administration COUNTY will manage and administer the System database records containing the information related to inventory, configuration, programming history, software version control, radio IDs, service levels, statistical usage analysis, etc. for USER's subscriber radios used on the System. 3.8 Radio Station Licenses COUNTY shall hold and administer all FCC licenses on behalf of all users of the System. USER shall operate as authorized mobile, portable and control station units under the COUNTY's FCC radio station licenses. 4. TERM AND CANCELLATION 4.1 Term of Agreement This Agreement shall be for an initial term beginning on the date executed by the COUNTY and continuing through December 31,2009. After the initial term and any subsequent extensions thereto, this Agreement will automatically extend for additional one (1) year terms, unless either party gives written notice of intent not to extend to the other party, said notice to be given at least one hundred twenty (120) days prior to the expiration of the then current term. 4.2 Cancellation of A2feement This Agreement may be canceled with or without cause by either party upon one hundred eighty (180) days' written notice, provided that any such cancellation by COUNTY shall require action by the Board of Washington County Commissioners. 5 . III ',.~ 5. DEFAULT 5.1 If either party fails to perform any material term of this Agreement, this shall constitute a default. Unless the USER's default is excused by the COUNTY, the COUNTY may upon written notice immediately cancel this Agreement in its entirety. Unless the COUNTY's default is excused by the USER, the USER may upon thirty (30) days' written notice cancel this Agreement in its entirety. 5.2 Notwithstanding any provision of this Agreement to the contrary, the defaulting party shall not be relieved of liability to the other party for damages sustained by the non defaulting party by virtue of any breach of this Agreement by the defaulting party. 5.3 The above remedies shall be in addition to any other right or remedy available under this contract, law, statute, rule, and/or equity. 5.4 The failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. 6. MISCELLANEOUS PROVISIONS 6.1 Independent Parties It is mutually understood that this Agreement does not create an employment relationship between the , parties, nor does it create a partnership or joint venture, nor does it constitute a cooperative agreement or joint powers agreement. 6.2 Liabilitv Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by law, and shall not be responsible for the acts of the other party and the results thereof. The COUNTY's and the USER's liability is governed by the provisions of Minnesota Statutes Chapter 466, 6.3 Data Privacv USER, its officers, agents, owners, partners, employees, volunteers or subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. 6.4 Records - A vailabilitvl Access Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5 (as may be amended), the USER agrees that the COUNTY, the State Auditor, the Legislative Auditor or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the USER and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the contract and for six (6) years after its termination or cancellation. 6.5 Notices Any notice or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the 6 .' "' , COUNTY shall be sent to the County Administrator with a copy to the Office of the County Sheriff at the address given below. Notice to the USER shall be sent to the address stated below. To COUNTY: Washington County Administrator 14949 62nd Street North P.O. Box 6 Stillwater, Minnesota 55082-0006 Copy to: Radio System Manager Washington County Sheriff s Office 15015 62nd Street North, P.O. Box 3801 Stillwater, Minnesota 55082 USER: City Administrator 216 Fourth Street North Stillwater Minnesota 55082 USERS, having signed this contract, and the County having duly approved this contract on the _ day of " and pursuant to such approval, the proper County officials having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. WASHINGTON COUNTY CITY OF STILLWATER Chair Date Board of Commissioners James R. Schug Date County Administrator 7 RESOLUTION 2009-24 APPROVING MINNESOTA PREMISES PERMIT FOR LAWFUL GAMBLING FOR CLIMB, INC, LOCATED AT ST. CROIX SEAFOOD & GRILLE, 317 MAIN STREET S, STILLWATER, MN WHEREAS, Climb, Inc. has submitted applications to the City of Stillwater requesting City approval of a Minnesota Gambling Premises Permit application located at St. Croix Seafood & Grille, 317 Main Street S, Stillwater, MN; and WHEREAS, it has been demonstrated that the organization is collecting gambling monies for lawful purposes. NOW THEREFORE, BE IT RESOLVED, that the City of Stillwater approve of the local gambling license located at St. Croix Seafood & Grille, 317 Main Street S, Stillwater, MN. The City Clerk is directed to attach a copy of this resolution to the application to be submitted to the Gambling Control Board. Adopted by the City Council for the City of Stillwater this 3rd day of February, 2009. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk 01/29/2009 18:27 _~6~1!539274 CLIMB PAGE 02/03- Minnesota l-aWful Gambling LG215 Lease for Lawful Gambling Activity 5/08 Page 1 of 2 ~ eCK appllC8ble Item: 1. LeaH fOr MW application. Submit wittl new premises pennit .pp~cation. ~ 2. Renewed ...... Submit with premises pen'I'llt renewal. ..1-3. New owner. Effective date Submit new or amended lease within 10 days after new lessor aSsumes ownership 10-4. Amended lease .D.n .D DActMty en flOth L... . Check the change(s) in the lease: Rent Premises name Boothlber ange er . Date that changes wlI' be effective _ Both parties must initial and dete all change\!. . Submit c;hanges at least 10 days ufore the elfedive date of the chanae. Organiietlon name \.ieense number Daytime phone CUMB INe 02002 651-.153-9275 ~ame of leased premises Street address City State rIP Oaytime phone ST CROIX SlAFOOD. GRILL 311 Main Sdnw.ter MN 55082 "Jame of legal owner of premises Businessl$treet address City Stam Zip Oaytime phone ~me of lsuor (If same as lege Business/street address City State Zip Daytime phone owner, write in "SAME"') SlIme 1sT CROIX SEAfOOD CO, LLC Check all activities that will be conducted .t81.Pult-tabsOPun-tabS with diSpeNin9 device OTlpboard$~dlewheel D.PaddleWheel with table OJllngo aear bingo Pull-tab, Tipboard, and Paddlewheel Rent (No lease required for raffIes.) Booth aperatlon - S8leS at gambling eql.Upmet1t by In employee liar operation . sales r:I gambling eq1jpment within II leasacl (01' volunteer) of a ~censed OI'!JiIl1lzation within a sepIl'IIte enclosure premIseS trv 1111 emplove$ tA the leSSM from II cmnman arw where that is dl5tIntt ft'om ..-e2IS whl!!re food and beverllges are sold. food and be\lerlIges are also sold. i-~--------~--------~-~------------' Does VUdI' _niDllDl'l OR InW attHlr ~~ gambling from . bOOth olMf'ldlan at this locatian? V_ No L~__--------------~----------------~ If you answered yes to the questiOn above, rent limits are If you answered no txl the Question above, rent: limitS are ba_ on the following combinations of operation: based on the following combinations of operation: - Booth operation and pull-tab dispensing device . Bar operation - Booth operatiOn and bar operation - Bar operation with pun-tab dispensing device _ Booth operation, bar operatlon, and pull-tab dispensing device .. PtJn-tab diSpensing device only - Booth operation The maxlmum rent allowed may not exceecI $1,750 In The maximum rent allowed mClY not ext;eed $2,500 In total per month fot all organizations at this premises. lDtal per month for atl organiZatlons at this premises. COMPLETE ONE OP1'1ON: COMPLETE ONE OPTION: option A: 0 to 10% of the gross profItS per month. Percentage to be Jl8id 10 % Option A: 0 to 20% of the gross profits per month. Pementage to be paid % option B: When gross profits are $4.000 or less per month, $0 option B: When gl"(lSS prof\t$ are $1,000 or less per month, $0 to $400 per month may be paid. Amount 1D be paid $ . to $200 per month may be paid. Amount txl be pakl $ DpIion c: $0 to $400 per month on the first $4.000 of gross Option C: $0 txl $200 per month on the first $1.000 of grQ$S profit. Amount to be paid $ . Plus, 0% to 10% of the gross profits may be patd per ITlOnth on profits. Amount to be paid $ . Plus, 0% to 20% of gross profits over $4,000. Pert1entage to be paid % tile gross profits may be paid per month on gross proms over $1,000. Percentage to be paid % Bingo Rent Bar Blnao Rent Option D: 0 to 10% of the gross prol'its per month from allawful ~ option F: No rent milY be paid for bingo gambling actMtIes held durtng bingo oc;casions, exduding bar bingo. Pert.emge to be Pilld % conducted in a bcIr. OptIon E: A rate based on a c;ost per square foot,. not to exc:eed 110% of a comparable cost per square foot for leased space, as New Bingo Activity approved by the director of the Gambling Control Board. No rent may For any new bingo actMty not prevlously be paid for bar bingo. Rate to be paid $ per square foot. The lessor must attach documentation, verlfled I:IY the OfganiZatlon, to Included In a Premises Permit Application, amftrn1 the comparable rate and aU appllCZlble costs ttI be paid by the attach a separate sheet of paper HstIng the organIzatIOn to the lessor. days and hours that bingo will be condutted. I Print Form I 01/29/2009 15:19 16514539274 CLIMB PAGE 04/06 LG215 Lease for Lawful Gambling Activity 6/07 Page ~ of 2 lease Term The term of thiS lease agreement will be concurrent with the premises permit IssuecI by the Gambling Control Board (Board). Management of Gambling Prohibited The owner of the premiseS or the lessor will not manage the CXInduct of gambHng at the premises. Participation as Players Prohibited The lessor; the lessor's Immediate family, and any agents Or gambling employees of the lessor wiD not participate as players In the condud: of lawful gambling on the premises. Illegal Gambling -1l1e ~r is aware of the prohibition against IIlegolgambling in Mlnneso~ Statute$ 609.75, and the penalties for megal gambnng violations In M'"tnnesota Rules 7865.0220, Subpart 3. In addition, the Board may authorize the orgqnization to withhold rent for a period of up to 90 days If the Board determines that illegal gambling OCQIrred on the premises and t1lat the lessor or it5 employees partldpatsd In the Ulegal gambling or knew of the gambling and tfld not lake prompt action to stop the ~mbnng. Continued ~ancy of the organl;zation Is authorized without payment of rent during the time period determined by the Board for violations of this provision, as authot'i%ed by Minnesota stabJtes 349.18, Subdlvlston l(a). . To the best: of the lessor's knowledge, the lessor affll'lTlS that any al'ld all games or devices locatEd on the premISeS are not being \lSti!d, and are not Qlpable of being used, In a manner thatvlola1Jes the prohibitions against il\egal gambling in Minnestltil statutes 609.75. . Notwltf1~nding Minnesota Rules 7665.0220, Subpart 3, an organ~tIon must continue rmIldng rent paymenls under the terms of thl$lease, if the organlzatlon or Its agent5 are found to be solely responslble for any Illegal gambling, conducteclat this site, that is prohiblted by Minnesota R.ules 7861.0260, Subpart 1, item H or MinnesotclStatutes 509.75, unless the organizatlon's agents responsible for the Dlegal gilmbllng ac:tIVlty are also agents or employees of the lessor. . The lessor must not modify or tennlnate the lease In whole or in part because the organization reported, to a state or local Iaw-enforcement authority or the Board, the conduct of illegal gambling activIty Qt this site in which the organ~tlon did not participate. Other Prohibitions _ 11Ie leSSOr will not impose restrictions on the organization with respect: to provIders (dlstn"butors) of gambling-related equipment and 5el'Vltes or In ttle use of net profItS for lawful,purposes. . The lessor, any person resIding In the same household as the lessor, the Iessor's Immediate family, and any agents or employees of the Ie$5Orwill not require the organization to perform any ac:tIon that would violate statute or rule. The lessor must not modify or terminate this Jease '"tn whole or in part due to the le$SOr's violatIOn of this prov'lSIon. If there Is a diSpute as to whether a violation oa;urred, the leaSe will remain in effed: pending a final determination by the Compllance Review Group (eRG) of the Gambnng Control Board. The lessor agrees to arbitration when a violation of this provlSiOn is alleged. The arbItrator shall be the CRG. Access to permitted premises The Board ancllts agenls, the commIssIonerS of revenue and public safety and their agents, ancllaw enfol"Qlmeot personnel have aCCElS5 to the permftted premises at any reasonable time during the business hou of the 1e$1Ior. The organization has aa:ess to the permitled preml$1e$ during any time reasonable and when necessary for the conduct of lawful gambnng on the pn;!mlSeS. Lessor rer;ords The ~r must maln~in a record of all money I'eQllved ftom the organl~n, and make the record available to the Board and its agents, and the commiSSIoners of revenue and public safety and their agents upon demand. The record must be maintained for 3-1/2 years. Rent all-inclusive Amounts paId as rent by the organization to the Ies$Or are all-1ndusive. No other services or expenses provided Or contracted by the lessor mey be paid by the organ~t1on, indudlng but nOt 6mited to trash removal, janltortlll and cleaning servlces, snow felTlOlllll, lawn services/electricity, heat, sewrlty, security monll;l;lrlng, storage, other utitities or services, and in the case of bar operations. cash shortages. Any other expenditures made by an organ~ation that is related to a leased premises must be approved by the director of the Gambling Control BoQrd. Rent payments may not be macIe to an indiVidual. Changes in leaSE: If the lease is amended wtth nO change In ownership, the organization willsubmlt the amended lease to the Board at least: 10 days before the effective date of the change. If a change in ownership occurs, the . organiZatiOn will submit an amended lease to the Board within 10 days after the new lessor has assumed ownership. Acknowledgment of lease Terms I aflirm that this lease is the total and only agreement between the lessor and the organization, and that all oblig3tlons and agreements are contained In or attact1ed to this lease and are wbjed to tire approval of the director Qf the G.,mbling Controlllo8rd. Other terms Questions? Cootect the liCenSing Section, Gambling Control Board, at 651'639-4000. This publication will be made available in alte~atlve format (I.e. largil print, Braille) upon request. The information requested 011 thiS form will become pubrlC information when receIVed by the Board, and used !XI determine your compliance with Minnesota slilt.\ltes and rules governing lawful gambling iilC;tivitie$. 01/29/2009 18:27 16514539274 CLIMB PAGE 03/03 "innesota Lawful Gambling 11108 Page 1 of2 LG214 Premises Permit Application Annual Fee $150 FOR BOARD USE ONLY Check # Organization Infonnation $ Organization name CUM81NC Ucense number 02002 Chief executive officer (CEO) PEG WETLI Daytime phone 651-453-9275 Gambling Premises Information Name of establishment where gambling will be conducted ST CROIX SEAFOOD BE GRILL Street address wtlere premises is located 317 Main (00 not use a P.O. box number or mailing address) City I Township \COUnty Zip cocIe Stillwater OR WashingtOn 55082 , Ooes your organization own the building where the gambling will be conducted? J:Jyes 181 No If nD. attach LG215 lease for Lawful Gambling Activity. Gambling Bank Account Information (moat be In Minnesota) Bank name Bank account number US Bank Bank street address City State Zip code PO Box 1800 St Paul MN 55101, All Temporary and Pennanent Off-site Storage Spaces (for gambling equipment and records related to this site - must be stored in Minnesota) Addf\1SS (Do nat use a P.O. box number) City State Zip code 6415 Carmen Ave Inver Grove Hts MN 55076 MN Bingo Occasions (including bar bingo) Enter day and beginning/ending hours of bingo occasions (indicate A.M. or P.M.). An occasion may not exceed e hours. ~ Beginninalf:oding Hours '- ~1~lEndin9 Houl:S. to be dti- to tennin8d to to to to to to to to to to to to to to to to to to to to to I .... Form PriM FOI't'ft l 01/29/2009 15:19 16514539274 CLIMB PAGE 06/06 LG214 Premises Permit Application 11108 Page 2 of 2 Data Privacy When the Boen:! issues your premises pennilall permit The infOlTTl8tion requesl8d on this 10nn (and any attachments) will Information provided will become publio. If the Board does not be used by the Gambling Control Board (Boen:I) to detennine your issue you a premises permit, all the infonnation provlded remains qualifications to be invo1veclln lawful gambling acttvltles in private, with the exception of your name and address that will Minnesota, and to assist the Board In conducting a background remain public. investigation of you. You have the right to refuse to supply the information requested: however, if you reruse to SlJR)1y this Privete deta about you are avellable to: Board members: Board information, the Board may not be able to detennine your staff whose work requires access to the information; Minnesota's qualifications and. as a consequence. may refuse to issue you a Department of Public Safety; Attorney General; Commissioners of premises pennit. If you supply the irdoonation requested, the AcImlnl$tl'ation, Finance, and Revenue; legislative Auditor; Board WIll be able to process your appliClltion. national and Intemational gambling regulattJry agencies; anyone pursuant to court order: other individuals and agencies that are Your name and addre9S will be public information when reQll!ived specifically authorizlld by state or federal law to have acceSS to by the Board. All other infonnation you provide will be private the infonnation; individuals and agenciea for which law or legal data until the Board issues your premises pennit. order authorizes a new use or sharing of information after this notice was given; and anyone with your consent ACknowledgment and Oath 1. I hereby oonsent that local law enforcement ofli~. the Board or its agents, and the commissioners of revenue or public safety and their agents may enter the premises to in8pect it and enforce the law. 2. The Board and its agent$, and the commissioners of revenue and public safety and their agents are authorized to inspect the bank reoords of the gambling account whenever neceS5ary to fulfill requirements of current gambling rules and law. 3. I have read this application and all infonnation submitted to the Board is true. accurate, and complete. 4, All required information has been fully disclosed. 5. I am the chief executive officer of the organization. 6. I assume full responsibility for the fair and lawful operation of all activities; to be conducted. 7. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board and agree, if licensed, to abide by those laws and rules, including amendments to them. e. Any changes in application information will be submitted to the Board no later than 10 days after the change has taken effect. 9. I u~erstand that~Jfi5V1~formation O~!~viding false or misl~di~j1_~i ~. 1'1 illY resultt)n ,_e5 ) denla~~~~T~_____-- ,,/ Ii ,J, ~:-.::.--~-------- ",,-=::.- -~ ( ~~.,,- ~~ ~~ .'.. .., n--__ ,; f.-Sj'gnatUM'"Of Chief Ex~cer (designee may not sign) .../ Date - Print name /CG tJE7LJ t. cezJ C/ Application and Required Attachments Monthly Regulatory Fee If you receive a premises pt;:miit for this site, 1, LG214 Premises Pennit Applieation there is a monthly regulatory r.e of 0.1 % (.001) 2. If the premises is leased, attach a copy of your lease. of gross receipts from lawful gambling conducted Use LG215 Lease for Lawful Gambling Activity. at the site. The fee Is reported on tI'Ie 3, Attach a resolution from the local unit of gevemment that G 1 Lawful Gambling Monthly Summary and Tax shows approval of your application: Return and paid with the monthly tax report . If the premises is; within a city, attach city approval. or . if the p~ises is within a township, attach county approvel. 4. $150 annual premises permit fee, for each pennit. Make check payable to "state of Minnesota." Questions? Call the Licensing Section of the Gambling COntrol Board at 851-639-4000. Mail to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville. MN 55113 This form will be made available in altemative format (Le. large print, Braille) upon request. IRft8t Formll PriM Fonn I STAFF REQUEST ITEM I Department: Fire I Date: January 30, 2009 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request to purchase equipment for the Fire Department Dive Team. The Diye Team requires specialized technical equipment needed to perform rescue diving in yarious conditions from ice diving to summer diving. In addition this equipment must be replaced if damaged or required by safety standards. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) The Diye Team sought funding for this equipment through soliciting for grant funding. The Margaret Rivers Fund awarded the Dive Team a grant amount of $12,000.00 to purchase equipment as needed. Attached is the itemized purchase request. There is no cost to the City for the purchase of this equipment ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Stuart W. Glaser, Fire Chie Date: January 30, 2009 illwater -- , ~~p~ THE BIRTHPLACE OF MIUESOTA September 17, 2008 FIRE DEPARTMENT The Board of Directors Margaret Rivers Fund P.O. Box 197 Stillwater, MN 55082 To Whom It May Concern: At that time a nt was rand ~.0 ) The Stillwater'~" ,~" the amount 0($1~,000 to'. ","th~'"' '" water dive ~u~ and ice diyfus"~ increased.J$he,ilive team li~:i1~three '\Ii saved in thl:s~ . Ri~rf~n a sport plunged ~ the i} , "\~i' \." '\ \ 1f{ Two dive'~, .f were.,On.sceneoan:4 had'lthe tU:stvictim out6f /JId wate1:vnine from the .e'thefCfll w4s \lis /!!~. , ~.four\ \. . 1.werejulle(f~/the vphicleJ resuscitate1}, and triinspoi;tdJ", "'," ',. j,ta,ftJy! ' . Twq)of thef~ pa$ survived tIllS ttwc event)dUQ'$Is ';'f,'h;r, ~Uw_'ire Diparb\i ~;~f '. of:..," jJf i J ""' '; -<. ' It is the dive~'s goalJd"'\ . """ Stillwater an4~ug1!0ut ~f .- _co; tes ~~; .:' .-'" Thank you foiyo'" in enhancing ifme Deparbnent ~{ station. Please fee tour at your conv Should you have any questions, please do ifallin@ci.stiUwater.mn.us. contact me at 65l-747-7475 or Sincerely, h~ Jill Fallin Stillwater FFIDR Cc: Stuart W. Glaser, Fire Chief 216 North Fourth Street · Stillwater, Minnesota 55082 PHONE: (651) 351-4963 · FAX: (651) 351-4967 THE BIRTHPLACE OF MINNESOTA FIRE DEPARTMENT November, 2008 The Board of . Margaret Ri P.O. Box 19, Stillwater, Mlf 5~OtU"<., l?3' l """'"I";;;l'~:i.i,~i ~ Dear Board If Directors:';"l 1'. ;~>~' ,;~ t " itJY' ,l On behalfi<i'f1h Nfl FoundatiqJ tpr purchasep4 re ~.. . rescue lee e water Again, than~f~\1 for: ~1:, i~~f c~~ Sincerely, ,> ~~w. Stuart W. Glaser Fire Chief 651.351.4970 SG/JF 216 North Fourth Street · Stillwater, Minnesota 55082 PHONE: (651)351-4963 · FAX: (651) 351-4967 "Your Pre-Dive Safety Stop" TO: Stillwater Fire Dept Attn: Dan Catt 216 N. 4th Street Stillwater, MN 55082 DATE: January 29, 2009 RE: Quote Desai Dtion Ouantitv Price Total X-65 HP (3442050 steel cylinder 65d 4 285.00 1,140.00 AL19 (3000050 aluminum cylinder 19d 1 139.00 139.00 Zeagle OS-V First staae only DIN 2 203.00 406.00 Zeagle Octo Z - alternate air source 4 178.00 712.00 Genesis CG5720 Comoact Console 150' Analoa 1 153.00 153.00 AGA Swivel 1 70.00 70.00 AGA ABV 5 209.00 1.045.00 AGA Annual Service kit 5 95.00 475.00 AGA Mini Test Kit 1 145.00 145.00 TUSA X-Pert Zoom Yellow 4 125.00 500.00 Viking Orvsuit (vulcanized) 4 1,450.00 5,800.00 Pony bottle attachment 4 145.00 580.00 Genesis 2501 Pony aauQe (thumborint stvle) 1 45.00 45.00 Hoses (orimarv, Secondarv, inflator AGiS 1 setof4 35.00 140.00 Zeaale weiaht pouch 12 15.00 180.00 Trim Weight Pouch 4 12.00 48.00 "0" rings / Misc. 52.00 52.00 RODe, PMI Economy Water Rescue 1200' 0.16/ft 220.00 Rope Reel 1 150.00 150.00 Total 12000.00 Thank you for choosing Air Down There SCUBA for your dive team's equipment needs. Should you have any questions or wish to add items to this order please call us directly. Sincerely, Scott or Tracy Wemyss Air Down There SCUBA 9 Little Canada Rd Little Canada, MN 55117 651-482-0977 www.airdownthere.com 9 Little Canada Road Little Canada, MN 55117 Tel: 651-482-0977 www.airdownthere.com Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 1/29/2009 Re: Term Limits & Council Representative as Voting Member on HPC & Human Rights Reviewed by: Larry Hansen, City Administrator & Dave Magnuson, City Attorney Attached are a terms served & impact information, proposed ordinances and a resolution (Downtown Parking Commission) relating to term limits and adding the Council Representative as a voting member to Heritage Preservation and Human Rights. The Library and Water Boards have their own process and are not addressed in this memo. The Joint Cable is dictated by a Joint Powers Agreement. City Attorney Magnuson advises me that any changes, once determined by the Council, can be incorporated into just one ordinance (rather than separate ordinances) with the resolution for the Downtown Parking Commission done separately. ACTION REQUIRED: Review and discuss. If Council wishes to move ahead with the process, they should "fill in the blanks" of the proposed ordinances and resolution, or provide staff with direction, with the possibility of a 1 st reading of the ordinances and adoption of resolution. (FOR 2009 LAST PROCESS VACANCIES) TERM LIMITS EFFECTIVE JANUARY 1,2011 WOULD AFFECT: TERM LIMITS EFFECTIVE JANUARY 1,2010 WOULD AFFECT: Heritage Pres 2 vacancies - 1 applied & 1 reappointment Full commission Human Rights Commission 3 vacancies - 2 applied & 1 reappointment Full commission Park & Recreation Commission 3 vacancies - 0 applied & 3 reappointment Full Commission Planning Commission 3 vacancies - 3 applied - 2 recommended for appointment by interview committee - 1 reappointed 1 short - Final vacancy appointment for approval 2/3/09 meeting Downtown Parking Commission Still Short 1 Heritage Preservation Commission - impacts 3 members Presently serve for 3 years To bring the commission back to 7 members Reduction by 2 in 2011 affects 2 members whose term is up January 1, 2011 Human Rights Commission - Impacts 1 member Presently serve for 2 years To bring the commission back to 7 members Reduction by 2 (2011) affects 2 members whose term is up January 1,2011 Park & Recreation Commission - Impacts 1 member Presently serve for 3 years Planning CommiSSion - Impacts 0 members Presently serve for 3 years Heritage Preservation Commission impacts 0 members Presently serve for 3 years To bring the commission back to 7 members Reduction by 2 in 2010 affects impacts 2 members whose term is up January 1, 2010 Human Rights Commission - impacts 0 members Presently serve for 2 years To bring the commission back to 7 members Reduction by 2 (2010) affects 2 members whose term is up January 1, 2010 Park & Recreation Commission - impacts 0 members Presently serve for 3 years mpacts 0 Planning Commission members Presently serve for 1 2 vears 3 years Downtown Parking - Impacts 0 members Presentlv serve for 2 vears ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE SECTION 22-7, ENTITLED HERITAGE PRESERVATION COMMISSION The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: Amending. Section 22-7, Subd. 3, entitled "Established" is hereby amended to read as follows: (1) Members. There is established a city heritage preservation commission, the "commission," which shall consist of nine (9) votine: members that includes a Council representative, to be appointed by the city council. The community development director of the city shall be ex officio, nonvoting member of the commission. All voting members shall be residents of the city and shall serve without compensation. As of January 1. . the membershiD will be reduced to back to seven (7) members. which includes the Council reDresentative as a votine: member. (2) Term. All appointments shall be for staggered terms of years. No member may serve more than consecutive years ("term limit"). Members who have completed their term limit may reapply for appointment after one (1) year. In the event of a vacancy, the vacancy for the unexpired term shall be filled in the same manner as the appointment is made. Members shall serve without compensation and shall continue to hold office until their successors have been appointed and qualified. If there are no new applicants available to replace a member who's term limit is about to expire, the term limit ofthat individual may be waived by the City Council. Term limit for this commission will become effective beginning with terms ending (3) Appointment Process. All applicants for appointment or reappointment shall be interviewed by the Council representative to the commission and the chair of the commission ("interview panel"). If the chair's term limit is fulfilled or due for reappointment; the interview will be held by two (2) members of Council. A recommendation from the "interview panel" will be given to the City Clerk for placement on the Council agenda for consideration. (4) Organization. The commission shall elect offices from its members. The commission shall make bylaws as it deems necessary, for the purpose of carrying out the intent of this section, which are consistent with local or state effect. law. The commission shall make an annual report containing a statement of its activities and plans to the city council. (5) Program assistance. To accomplish the intent and purpose of this section, the city shall provide the commission with staff support, including employees of the city library staff acquainted with the historical archives and files. Saving. 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 F . Ward, City Clerk ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE SECTION 25-1, ENTITLED HUMAN RIGHTS COMMISSION The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: Amending. Section 25-1, Subd. 3, entitled "Membership" is hereby amended to read as follows: (1) Members. There is established a city human rights commission, the "commission," which shall consist of nine (9) votine: members that includes a Council representative, to be appointed by the city council.. All voting members shall be residents of the city and shall serve without compensation. As of January 1. . the membershiD will be reduced to back to seven (7) members. which includes the Council reDresentative as a votine: member. (2) Term. All appointments shall be for staggered terms of U years. No member may serve more than U consecutive years ("term limit"). Members who have completed their term limit may reapply for appointment after one (1) year. In the event of a vacancy, the vacancy for the unexpired term shall be filled in the same manner as the appointment is made. Members shall serve without compensation and shall continue to hold office until their successors have been appointed and qualified. If there are no new applicants available to replace a member who's term limit is about to expire, the term limit of that individual may be waived by the City Council. Term limits for this commission will become effective beginning with terms ending (3) Appointment Process. All applicants for appointment or reappointment shall be interviewed by the Council representative to the commission and the chair of the commission ("interview panel"). If the chair's term limit is fulfilled or due for reappointment; the interview will be held by two (2) members of Council. A recommendation from the "interview panel" will be given to the City Clerk for placement on the Council agehda for consideration. (4) Organization. The commission shall elect offices from its members. The commission shall make bylaws as it deems necessary, for the purpose of carrying out the intent of this section, which are consistent with local or state effect. law. The commission shall make an annual report containing a statement of its activities and plans to the city council. (5) Program assistance. To accomplish the intent and purpose of this section, the city shall provide the commission with staff support, including employees of the city library staff acquainted with the historical archives and files. Saving. In all other ways the Stillwater City Code shall remain in full force and Adopted by the City Council this ,2009. Day of CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE SECTION 22-5, ENTITLED PLANNING COMMISSION The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: 1. Amending: Section 22-5, Subd. 2, entitled "Members and terms" is hereby amended to read as follows: (1) Members. The planning commission shall consist of nine (9) members that include a Council representative, to be appointed by the city council. The community development director, or his designee, of the city shall be ex officio, nonvoting member of the commission. All voting members shall be residents of the city and shall serve without compensation. (2) Term. All appointments shall be for staggered terms of (_) years. No member may serve more than (_) consecutive years ("term limit"). Members who have completed their term limit may reapply for appointment after one (1) year. In the event of a vacancy, the vacancy for the unexpired term shall be filled in the same manner as the appointment is made. Members shall serve without compensation and shall continue to hold office until their successors have been appointed and qualified. If there are no new applicants available to replace a member who's term limit is about to expire, the term limit of that individual may be waived by the City Council. Term limit for this commission will become effective beginning with 'terms ending (3) Appointment Process. All applicants for appointment or reappointment shall be interviewed by the Council representative to the commission and the chair of the commission ("interview panel"). If the chair's term limit is fulfilled or due for reappointment; the interview will be held by two (2) members of Council. A recommendation from the "interview panel" will be given to the City Clerk for placement on the Council agenda for consideration. 2. Savings. In all other ways City Code Chapter 31 shall remain in full force and effect. 3. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. effect. Section 2. 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 STILL WATER Ken Harycki, Mayor ATTEST: Diane F . Ward, City Clerk ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE SECTION 41-8, ENTITLED PARK & RECREATION COMMISSION The City Council of the City of Stillwater , Washington County, Minnesota, does ordain: Amending. Section 48-1, Subd. 5, entitled "Membership" is hereby amended to read as follows: (1) Members. The park and recreation commission shall consist of seven (7) members that include a Council representative, to be appointed by the city council. All voting members shall be residents of the city and shall serve without compensation. (2) Term. All appointments shall be for staggered terms of U years. No member may serve more than U consecutive years ("term limit"). Members who have completed their term limit may reapply for appointment after one (1) year. In the event of a vacancy, the vacancy for the unexpired term shall be filled in the same manner as the appointment is made. Members shall serve without compensation and shall continue to hold office until their successors have been appointed and qualified. If there are no new applicants available to replace a member who's term limit is about to expire, the term limit of that individual may be waived by the City Council. Term limit for this commission will become effective beginning with terms ending (3) Appointment Process. All applicants for appointment or reappointment shall be interviewed by the Council representative to the commission and the chair of the commission ("interview panel"). If the chair's term limit is fulfilled or due for reappointment; the interview will be held by two (2) members of Council. A recommendation from the "interyiew panel" will be given to the City Clerk for placement on the Council agenda for consideration. Saving. In all other ways the Stillwater City Code shall remain in full force and effi 1. Adopted by the City Council this Day of CITY OF STILL WATER ,2009. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk RESOLUTION 2008-36 RESOLUTION AMENDING RESOLUTION NO. 92-249 ESTABLISHING DOWNTOWN PARKING COMMISSION AND BYLAWS PURPOSE The Downtown Parking Commission is established to oversee the development and implementation of the Downtown parking plan. This includes planning for long-range parking lot improvements and day-to-day regulation of public parking spaces. COMPOSITION AND SIZE OF COMMISSION (1) Members. There is established a city downtown parking commission, the "commission," which shall consist of seven (7) voting members that includes a Council representative, to be appointed by the city council. The Police Chief of the city shall be ex officio, nonvoting member of the commission. All voting members shall be residents of the city and shall serve without compensation. Any Commissioner that misses two consecutive meetings without notice to the Chairman shall be removed from the Commission. (2) Term. All appointments shall be for staggered terms of years. No member may serve more than __ consecutive years ("term limit"). Members who have completed their term limit may reapply for appointment after one (1) year. In the event of a vacancy, the vacancy for the unexpired term shall be filled in the same manner as the appointment is made. Members shall serve without compensation and shall continue to hold office until their successors have been appointed and qualified. If there are no new applicants available to replace a member who's term limit is about to expire, the term limit of that individual may be waived by the City Council. Term limit for this commission will become effective beginning with terms ending (3) Appointment Process. All applicants for appointment or reappointment shall be interviewed by the Council representative to the commission and the chair of the commission ("interview panel"). If the chair's term limit is fulfilled or due for reappointment; the interview will be held by two (2) members of Council. A recommendation from the "interview panel" will be given to the City Clerk for placement on the Council agenda for consideration. Page 1 of 3 ORGANIZATION A Chairman and Vice Chairman shall be elected annually by a majority vote of Commissioners present at the first meeting of the calendar year. During the absence of the Chairman, the Vice Chairman shall exercise and perform the duties of the Chairman. DUTIES AND POWERS The Downtown Parking Commission is advisory to the City Council. It shall have have no authority other than that expressly given to it by this resolution, The Commission shall make recommendations to the City Council regarding the development of a long term Downtown Parking Plan and day-to-day management of Downtown public parking. Commission shall seek and obtain public comments on parking improvement projects and changes to parking regulations that may affect businesses, property owners, customers and residents of the community at large. The Commission shall explore options for making Downtown parking financially self sufficient by setting permit fees and fine rates and exploring methods of financing the construction of new and maintenance of existing parking facilities. The Commission shall exercise such other functions with respect to Downtown parking improvements as requested by the City Council. The Commission shall present to the City Council a yearly report of Commission accomplishments and activities. DUTIES OF CHAIRMAN The Chairman shall set the agenda for Commission meetings, with assistance of Police Chief, appoint special subcommittees of the full Commission and represent the full Commission when recommendations are made to the City Council. STAFFING The Police Department, with the assistance of the Community Development and Engineering/Public Works Department, shall provide technical and administrative assistance to the Commission. MEETING All meetings of the Commission shall be open meetings to which the public and press shall be Page 2 of 3 admitted. Notice of the meeting shall be given as determined by the Commission. The Parking Commission shall meet as needed as determined by the Commission. Special work sessions or subcommittee meetings shall be scheduled by the full Commission at regular meetings to study and prepare recommendations regarding Commission parking matters. QUORUM A quorum shall consist of four (4) members of the seven (7) Commission members. The Commission without a quorum shall take no action. VOTE All action shall be taken by voice vote. Tie votes with one or more Committee members absent shall continue the item to the next regular meeting. Tie votes with all members present shall defeat the motion. REVISION OF BYLAWS The Bylaws may be recommended by the Commission for approval of the City Council. Note: All approvals are by majority unless none is required by State Statute. Adopted by Council this ___ day of ___I 2009 Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Page 3 of 3 r jtil ~e~ -~ .:::::..-- -' Administration .) Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 1/30/2009 Re: Discussion on Special Events Task Force At the last meeting Council directed staff to place the discussion of a Special Events Task Force on the February 3, 2009 agenda. I have an inquiry into the League of Minnesota Cities to see what other cities do for special events (such as costs, fees etc.) but have not received anything yet. The following comments have been received from Mayor and Council: . The task force should have a representative of the chamber on it as well as CVB and parks board . To have the event applicants coordinate with the chamber so they can include information about local businesses in their promotional material for the event. For instance, give everyone who signs up for the bike race a packet with information or coupons or some other advertising material to promote the Stillwater business community. . Some of this was discussed informally at the meeting last night, but I want to emphasize the need for the city to at least be reimbursed for the use of any city staff, i.e. Police, Fire, Public Works, etc. And because we often don't calculate or anticipate other costs, perhaps a user fee would be appropriate. I think the committee or city staff should contact the League of Minnesota Cities to see what other jurisdictions do. I don't think we have to reinvent the wheel every time we take action. . Other big concern has to do with how the public is noticed about these events. It has been my experience, and others have expressed similar complaints, that we learn about the events after they have been basically granted permission to move forward with their plans. Most of these events impact the entire city including both residents and business owners. I think we should have a minimum of 2 published notices which offer an opportunity for public input. Maybe the website could include an alert or a flashing symbol that signifies this is an upcoming issue so it catches people's attention. Once someone contacts the city to have an event, everything moves so quickly that people don't have a chance to react. I think we need to spend some time thinking through options to keep people informed in a timely manner. I am not being critical of your previous efforts to do so; I am trying to find new and improved ways of communicating with the public. January 30, 2009 · Limit the negative impact an event has on the community. Parking is always a problem as is traffic. Noise and nuisance issues also affect the quality of life for residents, particularly if you happen to live close to the downtown area where these events usually take place. We also need to find a way to take into consideration the impact this' has on the local businesses. Our season is short in Minnesota and businesses depend on nicer weather to bring people out. If we jam up every weekend with an event, many business owners believe it have a direct negative effect on their sales and ultimate viability. We have to provide some recourse for people with disputes and negotiate a compromise that addresses both sides of an issue. · Task Force should be created with the following members: - Two Council Members - Chief Gannaway - Chief Glaser - Bill Turnblad - Mike Pogge - Chair of the Parks - Chair of the Planning Commission - Chamber Representative - Jenn - CVB - Representative Bill Turnblad is the lead on this. . Goals and Objectives: · Three Month Task Force - Meet on Wednesday's if possible · Create standards for Downtown and City Parks throughout the City · Create streamlined application process - goal not to task City Staff . Create fees that are fair to the city and the applicant . Creation of Downtown Beautification Fee · Set monetary standards for paying back Police and Fire for services rendered This group will need to report to the Planning and Parks Commission before coming in front of the City Council . Main concerns of the downtown business owners are: 1) Public restrooms 2) Main Street congestion 3) Downtown parking 2 Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 1/28/2009 Re: Planning Commission Appointment An interview was held for the remaining vacancy on the Planning Commission by Councilmember Gag and Chair David Middleton. Councilmember Gag and Chair Middleton's recommendation is to appoint Scott A. Spisak to the commission filling the unexpired term of Erica Fulz, ending January 1, 2011. If Council agrees with the recommendation they should pass a motion adopting Resolution 2009-_, approving appointment of Scott A. Spisak to the Planning Commission. APPROVING APPOINTMENT OF SCOTT SPISAK TO THE PLANNING COMMISSION NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater, Minnesota, hereby appoints Scott Spisak to the Planning Commission to fill the unexpired term of Erica Fultz, which ends January 1, 2011. Adopted by Council this 3rd day of February, 2009. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk FEES FOR SERVICES/PUBLICATIONS 2009 NOW THEREFORE, BE IT RESOLVED that the Stillwater City Council hereby adopts the following fee schedule for 2009, effective PLANNING PERMIT REVIEWS AND APPEALS: Comprehensive Plan Amendment Fee $11,000 $2,500 $5,000 $7,500 Escrow $G $500-0-5 acres $5,000 6-40 acres $10,000 41-80 acres $20,000 over 80 acres Zoning Amendment (text or map) Fee Escrow $~OO $G j500 $2,500 $2,500 $5,000 $5,000 $7,500 $10,000 Planned Unit Development (PUD) Concept Fee Escrow $3,000 $5,000 $5,000 $5,000 $7,500 $10,000 $10,000 $10,000 Final Fee $1,000 $2,000 $3,000 $5,000 Escrow -0- -0- -0- -0- Subdivision Preliminary Plat Fee $500 + $100 per lot $1,000 + $100 per lot $2,000 + $100 per lot $5,000 + $100 per lot Final Plat Fee $500 $1,000 $2,000 $5,000 1/28/2009 0-5 acres 6-40 acres 41-80 acres over 80 acres 0-5 acres 6-40 acres 41-80 acres over 80 acres 0-5 acres 6-40 acres 41-80 acres over 80 acres Escrow $2,500 $5,000 $7,500 $10,000 0-5 acres 6-40 acres 41-80 acres over 80 acres 0-5 acres 6-40 acres 41-80 acres over 80 acres Resubdivision Lot Line Adjustment Appliction Conditional/Special Use Permit Residential $150 Commercial $500 *Escrow amount dependent on Project location, Site conditions and type of development Tax Increment Financing Application Fee H me Occupation~ Tel T ell Commercial/Industrial Use Determination Infill Design Design Permit Variance Residential $150 Commercial/lndustrial $500* *Escrow amount dependent on Project location, Site conditions and type of development Certification of Compliance Design Review Permit Sign Permit Fence Permit Bed & Breakfast Inspection Zoning Letter Annexation Permit Site Alteration Permit Demolition Permit Street Vacation Grading Permit - Residential Grading Permit - Commercial Appeals Permit Modifications Right of Way Permit Obstruction Permit Contractor License $100 $100 $25 Hard Cost to Cit $100 $25 $50 $25 $100 $100 $1000.00 up to 10 acres $2000.00 10 acres + Escrow n/a n/a n/a $1,500 escrow $5,000 escrow Fee $25 $150 $250 $150 Engineering Fee $500 Engineering Fee $50 Same fee as original permit Dependent on amount of work done $90 for two week period An escrow shall be established as indicated above to cover engineering and legal fees incurred by the City as part of the plan review. 1) The fee shall be doubled for after-the-fact permit applications 2) The Uniform Building Code establishes a fee schedule for grading permits SANITARY SEWER RATES First Minimum Charge $39.00 Overage Charge $3.70 SEWER & WATER HOOKUP CHARGES - INFILL LOTS (Approved by Council 11/20/07) 1/28/2009 S~nitary Sewer W~ter STORM WATER RATES $3,200j3.464 $3,200$3.464 $10.00 SIGN & LIGHTING Residents - $8.00 per quarter Commercial based on acreage PUBLICA TIONS/MIN UTES/AGENDAS: City Code Book $100 unbound/$125 bound Zoning Book $25.00 Downtown Plan $10.00 Design Manual $5.00 Comprehensive Plan $20.00 Mailed minutes - per year $60.00 Mailed agendas - per year $20.00 Budget Book $25.00 Financial Report $50.00 PREPARED MAPS BlacklWhite/Blue Line City Map (8.5 X 11) City Map (11 x 17) City Map (30 X 36) Zoning (8.5 x 11) Zoning (11 x 17) Land Use Map (11 x 17) $2.00 $2.00 $12.00 $2.00 $4.00 $4.00 Asbuilt Drawings (11 x 17) Asbuilt Drawings (24 x 36) $10.00 minimum or $3.00 per page $10.00 minimum or $6.00 per page Color City Map (30 x 36) Zoning Map (36 X 48) Zoning Map (8.5 x 11) Zoning Map (11 X 17) Land Use Map (11 x 17) Topographic Maps Parcel Map $24.00 $30.00 $5.00 $7.00 $7.00 $5.00 per acre plus staff time $10.00 minimum or $2.00 per page Electronic Data Via Mail* Electronic Data Via e-mail* $25.00 each project plus staff time $15.00 each project plus staff time *Electronic data fee must be paid and license agreement signed before sending information. OTHER SERVICES: Assessment Searches Assessment Roll Copy (each) Copies (B/W) per sheet $20.00 $20.00 25~ (8.5 X 11) 50~ (8.5 X 14) 75~ (11 X 17) 1/28/2009 Color Prints/Copies $2.00 per side (8.5 X 11) (1-5 pages) $1.75 per side (8.5 X 11) (6-50 pages) $2.50 per side (8.5 X 14) (1-5 pages) $2.25 per side (8.5 X 14) (6-50 pages) $3.00 per side (11 X 17) (1-5 pages) $2.75 per side (11 X 17) (6-50 pages) $15.00 per tape $10.00 per tape $15.00 per CD Audio Tape Copies Video Copies CD ROM Copies L1pUOR & TOBACCO LICENSES: (reQuires public hearing to change fees) Per year On-Sale $2887.50 On-Sale Club $446.25 On-Sale Sunday $200 Off-Sale $200 On-Sale Wine $315 On-Sale Wine w/Strong Beer $477.75 On-Sale 3.2 Malt Liquor $162.75 Off-Sale 3.2% Malt Liquor $57.25 Tobacco $250 Investigation Fee $300 Permit to consume $35 (local non-profits no charge) Annual Investigation $150 Temporary Liquor License Fee (12 per year - on-sale) $25 per day Temporary Liquor License Fee (3.2 unlimited) $25 per day PAWN BROKER FEE $5,000 plus monthly fee of $200 for computer access charges STILLWATER PARK FEES (Approved by Council on 10/30/07) All private individuals, religious institutions, and for-profit groups shall pay normal fees. The City does not charge not-for-profit groups and educational institutions to use City Parks, unless otherwise noted. The City does require a refundable damage deposit from ALL groups and persons renting parks facilities. Picnic Shelters and Gazebos $100 refundable damage deposit plus one of the following fees: Fri-Sun $50 Stillwater residents $1 00 non-residents Mon-Thurs $35 Stillwater residents $50 non-residents Ballfields (for tournaments) $150 Damage Deposit $150 1/28/2009 Park Open Space A $100 refundable damage deposit (i.e. weddings) Pioneer Park Bandshell $100.00 refundable damage deposit and $125.00 fee for residents and nonresidents (anytime). All groups, including not-for-profit groups and educational institutions must pay to use the Bandshell. Teddy Bear Park Building Rate Schedule: A $100 refundable damage deposit per floor is required plus the following. Mon-Thurs Resident Non-Resident Non-profit Group For-Profit Group First 3 hrs (1 SI floor) $50 $80 $50 $80 Add'l hour (1st floor) $15 $25 $15 $25 First 3 hrs (2nd floor) $40 $60 $40/$10* $60 Add'l hour (2nd floor) $10 $15 $10/$5* $15 * Rate based on a minimum of 10 meetings per year with no food at the meeting. Fri-Sun Resident Non-Resident Non-profit Group For-Profit Group First 3 hrs (1 st floor) $90 ... $160 $90 $160 ~dd'l hour (1st floor) $25 $45 $25 $45 First 3 hrs (2nd floor) $70 $125 $70 $125 [,l\dd'l hour (2na floor) $20 $35 $20 $35 Special Events in Stillwater Parks $500 Damage Deposit $250 POLICE FEES: Dog Licenses - per year Dog Impound Audio Tape Copy Video Tape Copy State Accident Reports Police Reports Background check In-house statistical computer run Bicycle License $10.00 $50 $15 $40 No fee No fee $30 per person $25 $1 1/2812009 Fire Inspection 1. Automatic fire extinguishing systems 1.2% of value, $100.00 minimum 2. Fire alarm systems 1.2% of value, $100.00 minimum 3. Annual license for retail sales of consumer fireworks $100.00 4. Residential daycare and foster care inspection $50.00 5. Vendor inspections a.) $25.00 per day, per vendor, per event - $100.00 maximum per vendor per event. Summer Tuesdays b.) $25.00 per day, per vendor - $50.00 maximum per vendor. 6. Open burning permit 7. Tank removal permit 8. Fire inspection fee for existing buildings. $15.00 $75.00 0- 1,500 square feet $25.00 1,501 - 2,500 square feet $50.00 2,501 - 5,000 square feet $75.00 5,001 - 10,000 square feet $105.00 10,001 - 20,000 square feet $135.00 20,001 - 50,000 square feet $165.00 50,001 - 75,000 square feet $195.00 75,001 - 100,000 square feet $225.00 100,001 - 150,000 square feet $275.00 150,001 - 350,000 square feet $350.00 Over 350,000 square feet $425.00 Fire inspection fee will cover initial inspection and one follow-up inspection. 9. Re-inspection fee for existing buildings. 1 st follow-up inspection 2nd follow-up inspection 3rd follow-up inspection 4th follow-up inspection 5th + follow-up inspection No charge 50% of original inspection fee 60% of original inspection fee 70% of original inspection fee $350.00 10. Residential yearly nuisance/false alarm fees - fees based on a per call basis 1-2 No charge 3-4 $75.00 5-6 $150.00 7-8 $300.00 9 + $400.00 Commercial yearly nuisance/false alarm fees - fees based on a per call basis 1-2 No charge 3-4 $90.00 5-6 $180.00 7-8 $360.00 9 + $425.00 False alarm fees based on calendar year 1/28/2009 PARKING FINES: $10 any violation not preceded by another parking violation the prior 90 days $20 any violation preceded by one parking violation within prior 90 days $30 any violation preceded by two parking violations within prior 90 days $25 added to fine if not paid within 10 business days of issuance PERMIT PARKING FEES: $10 permit parking per month per vehicle ($5 per month if after 15th of month) Adopted by the Stillwater City Council this 2009. day of Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk 1/28/2009 .. VV!1ter r fi E .. -;:-l: V"~~ll ijl~rH~'t:\Ci_ [I; MiNNf:;Ol.4. -::-, ') City Council DATE: January 27, 2009 ITEM: Final Design for the Legends Park Well House CITY COUNCIL DATE: February 3, 2009 PREPARED BY: Michel Pogge, City Planner\}).~ BACKGROUND The Stillwater Water Board is currently working on constructing the new well house in Legends Park that will serve the southwest quadrant of the City. Drilling of the well is currently underway. Attached are the plans for the well house and shelter for your review and comments. Construction of the well house is planned to begin this spring. The proposed design of the well house is craftsman style, similar to the homes constructed in the Legends Development. The structure has horizontal lap siding with three and a half inch corner boards. The roof material is asphalt shingles with dormers over the entry doors, garage door and rear porch area. The sidewall material for the dormers is vertical siding with batten bars. Access to the well pump is through the double" french" style doors in the front. The garage area will provide additional storage for the Water Board. The rear will have a porch that will overlook the volleyball/ ice rink area. A water fountain is proposed on the porch. The water board has designed a replacement shelter for the Legends Park that will be included it in the bid package as a bid alternate. This structure carries many of the same features as the well pump house. Staff is also working with area park shelter vendors to see if a similar prefabricated sh'ucture could be obtained, possibly at a cost savings. Once bids are received, the Commission and Council can decide to proceed with the shelter included in the bid for the well house or take a different direction. The cost of the shelter will be covered by the $90,000 the Water Board has agreed to give the City for use of the park site for the well. .... Final Design of the Well House in at Legends Park Page 2 The Water Board sent the well house plans to the Legends Home Owners Association (HOA) on January 19, 2009 and the HOA provided five comments on January 30. The comments included the following: (Note: HOA comments are in normal text, staff responses are in italics): 1. On the well house, consider using a flat panel type garage door that looks similar to a "barn door" with matching service doors. The water board has agreed to make this change to the well house. This will be updated before the plmls are sent to bid. 2. Provide a bench similar to benches in other city park well house patio. This can be provided with the funds the water board is providing to the City. 3. Provide a lockable bulletin board in the well house patio. This call be provided with the funds the water board is providing to the City. 4. Provide power and low wattage lighting in the gazebo(picnic shelter). The typical neighborhood park does not provide lighting and outlets in picnic shelters; therefore, staff would recommend against providing electrical service to the picnic shelter. 5. Don't allow the volleyball court to encroach into the baseball field. If the volleyball court is required to move for the well house than eliminate the volleyball court as opposed to allowing it to encroach into the baseball field. The Minnesota Department of Health rules do not permit volleyball courts to be within 50 feet of the well head. Due to this requirement, the volleyball court will shift south. A regulation court can be developed without encroaching into the playing surface of the baseball field. Additionally, sand volleyball courts provide a great subS111face for ice rinks. The plan would be thid a majority of the ice rink would rest on the sand volleyball court with some overlap on the surrounding grass surfaces. Staff is currently developing a work plan for the $90,000 and will meet in late February / early March with the Legends HOA board to review and discuss options. The proposal would be forwarded to Park Commission for their review at their March meeting. JULY 28,2008 PARK AND RECREATION COMMISSION RECOMMENDATION On July 28, 2008, the Park and Recreation Commission held a neighborhood open house and discussed the issue. No public comments were received against the proposed well house. Those who spoke at the meeting wanted to see the contribution from the Water Board spent in the park for new irrigation, a new pavilion, new playground equipment, and turf improvements. Commission voted 5-0 to recommended Council approval of the Water Boards request for a well site, subject to review of the final well house plans and that the funds being donated by the Water Board be designated for use in Legends Park. AUGUST 12, 2008 CITY COUNCIL ACTION On August 12,2008, the City Council considered the request and voted 4-0 to approve the well house subject to review of the final design of the well house plans. The Council also directed staff to work with the Legends Home Owner's Association to develop a ~ Final Design of the Well House in at Legends Park Page 3 plan for how the funding could be spent and present it to the Park Commission and Council for consideration. JANUARY 26,2009 PARK AND RECREATION COMMISSION RECOMMENDATION On January 26, 2009, the Park and Recreation Commission reviewed and discussed the proposed plans for the well house. The Commission recommended to the City Council approval of the Legends Park pump house design as presented. STAFF RECOMMENDATION Approve the final design of the well pump for Legends Park. .... Legends Park N A rLJ1.J I o 15 30 60 I 90 I Feet 120 City of Stillwater, MN Community Development Department 216 North Fourth Street Stillwater, MN 55082 651-430-8820 - 651-430-8810 fax 1 inch = 60 feet NO. i (; ~ " " " o ,5 ~ I " ~ o o o .... ~ E '6 ~ ~ : j ~ :p ~~ ~ ~ ~W C~ b~ ~u: DATE BY DESCRIPTION OF .REVISIONS DESIGNED I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS VEJ PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM DRAWN A DULY LICENsED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE MRE STATE OF MINNESOTA. CHECKED SIGNATURE: DATE: 1 /15/2009 MAS PRINTED NAME: VERNE E. JACOBSEN LIC. NO.: 06988 TKDA ENGINEERS .ARCHITECTS. PLANNERS CONSTRUCTION OF WELL PUMPHOUSE NO. 12 STILLWATER, MINNESOTA SITE PLAN AND DETAILS PROJECT NO. 13570.000 DRAWING NO. G1 SITF PI AN ~ 0 7.5 15 30 . SCALE IN fEET o >' ~5 o;!; 1-0 ~~ ~~ clUJ i~ 01- ~~ ,,~ 0:" oz ~~ Bo z., ~~ ~6 -" !l:o "';!; SPECIAL FOUNDATION FOR ~ STABILIZING OR DEWATERING OF TRENCH GINO SCALE 1 l/Z'CRUSHED ROCK OR WASHED ROCK 2' I - <t ROAD - SEE SITt r PLAN FDR ELEV'S. I r...';.;';..,. "'.""''''"--' ~~leIF , 2" MnDOT 2341 WEARING COURSE - 6" MnDOT ClASS 5 AGGREGATE BASE . COMPACTEO SUBGRADE BITUMINOUS DRIVEWAY SECTION Gl / NO SCALE COMPACTED GRANULAR BACKFILL 0.0..+2' , '" '~ -{ t 0.D/2 DEPTH AS NEEDED TO STABILIZE TRENCH MIN. 0.0./4 BUT NOT LESS THAN 10", 5'-0"' 2 ABSORPTION PIT DETAIL Gl - 5' METAL OR 4"DIA. WOOD FENCE POST ..... FILTER FABRIC TIED TO FENCING ----.......... FILTER FABRIC TO rw'" OVERlAP THROUGH MIN. OF 2' TRENCH. BELOW GRADE NOTE : W MAXIMUM LENGTH 600 FEET. GEOTEXTILE FABRIC SHALL MEET MNDOT 3886 lYrE A. FENCING SHALL BE PlACED ALONG CONTOURS OR AS DIRECTED BY ENGINEER. - 4 SILT FENCE W/WIRE REINFORCING Gl NO SCALE 4' SANITARY WASTE SLOPED AT 1/8' PER FOOT 1/2" TO 1 1/2' CRUSHED ROCK .. <, I ;" GRADE EL VARIES-SEE PLAN l AMPED FILL r I 6" BLACK DIRT I AND SOD FOR I DISTURBED AREAS WITHIN 3D' I ~ETER 1\ FFE , \ ...... / ......\ \x / '",-. , / .., EXISTI."" \~.",/, ,VOLLEYB~LL . /. . COURT ' '0 / \ \.(. ." . /'...... -...:.... .,: .' .:.."\.-\....~.. ~ '.\, ,6" 'BLA.CIS' DI~T1 \AND.SEED'FOR .. DISTURBED AR N6r WITHIN PER~~ER . : . . . '\ \ \" . . , . . \."\ . \'0 ''0 \' \ '0 \'\ \ \ \ \ \ \ \ \ \ '\ _.\\~ ./ \'0 .// \. -.l~ ~ ABSORPTION PIT \y SEE\DETAIL 2/G1 \...\ \ \' \ \ ';" \ \ \ . . \ CONSTRUCTION LIMITS (SILT . FENCE - SEE DETAIL 4/G1) \ \ \ \ \ \ \ \ \ \ \ \ \ \LEGEN IPARK \ \ _ _ It'-J" , ~~ ~~~. - -. , -- ~~ - - , ~ ~- I I I , ' , ' , ' I , ' , ' , ' , ' , ' , ~ ' , ,~~~ ' , ~.' : jCOMPOSITE / I , ~~~":"--~: , ~.' , ' , , . , ' , ' : I WooO POST ON : I _ BASE _ CONC. I _ _ ___ lYP. SEE 101 I . u__ M.' ~.. ... u ~~ ___J I - - - @I ____-=r --'>< . I !:: -, I I I I I I I I I I I I I I I ~ I I I _..J ~~ ---~---~---~-------~----------------------- it SEAM METAL ROOF /lSTANDk 7 :J: g Q. ~ .0 I- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I L_ ___ ~ ~'. CONT. PREFlN. l- MTl. DRIP 2. SUB FASCIA 3/"" THICK COMPOSITE FASCIA TRIM BOARD , COMPOSITE somr, PANELS 2x" SPACERS o 2"" O.C. 1/2" PLYWOOD .C: k 1/2" 1'4) t i If. NOTE: ALl DIMENSIONS ARE TO CONc.1 -- == 'G. PROJECT NO. 13570.000 - RECORD NO. --'Ie FLOOR PLAN o 1 2 " 3/8"= l' -0" ) ;=; 6B ~ A1. ~ ~ STANDING SEAM METAl. ROOF - WRAP BEAM WI COIoIPOSITE PANELS .---woOD POST SEE 1 O/M. 1 .'...... CONC. BASE - TYP. .,d- ROOF PLAN o 1 2 4 ............ J/8"=" -0" 'IERTl( 28" SQ. ORNAMENT COMI'( SIDING lYP. - SEE 9/M,1 WI BATTEN COMPOSITE FASCIA SEE SiAl.' 3/4"xS 1/2' COIoIPOSITE TRIM BOARD - TYP. ~ IS ! It ... N --- .. 2 @ ]~. ...:' SIDE ELEVATION o 1 2 4 !.....-......J JL!l.'."-n' PAVILION PLANS AND ELEVATIONS @ SHEETS OF SHEET NO. WELLHOUSE NO. 12 LEGENDS PARK BOARD OF WATER COMMISSIONERS STILLWATER MINNESOTA ~ .'MSANO. END ELEVATION 012 " b.....-- 3/8".1'-0. TKDA ENGINEERS -ARCHITECTS-PLANNERS I ..... I HEREBY CEl'mFY THATTHIS PlAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I'AM A DULY UCENSEO PROFESSIONAl ARCHITECT UNDER THE LAWS OF lHE STATE OF MINNESOTA UC.NO. DATe . 8~ ~~~"".'.12 fr, STANDING SEAM 1ofTL' Roo,F ...... j r=RANE UNDERlAYMENT ~ '..(,/ ENTIRE ROOF ~~'fi.'- WOOD TRUSS WOOD BEAM SEE STRUCT. WRN' BEAM WI COMPOSITE PANELS DRAWN BCKJDNC CHECKED DESIGNED TIP DESCRIPTION OF REVISIONS BY DATE NO. f ,t ~ ~ I! ~~f' d I f I dll Uf1 NO, DATE BY DESCRIPTION OF REVISIONS DESIGNED DRAWN I HEREBY CER11FY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT TIF BCKJDNCI IIW A DULY UCENSEO PROFESSIONAL ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA CHECKED - - OATE Lie. NO. TKDA ENGINEERS -ARCHITECTS-PLANNERS r~------------------- ~I I I ~---------------------------------~ 4 .:4.1 I i7'------' L_______., I I I I L . WELLHOUSE NO. 12 LEGENDS PARK BOARD OF WATER COMMISSIONERS STILLWATER MINNESOTA - - CLIENT NO. MSA NO. SHEET NO. OF SHEETS PROJECT NO. 13570.000 - RECORD NO. ______.J I .------1.. I EXTERIOR ELEVATIONS ~~8'" ;:::::::; n 1N~12 L-J ?:/( i~"~ ~ / 1E8 ~~~ c_ II~ n'i, ~1I11111111 I--- '<I I ....................... I[ E L I'''': == -_....,-_..~-~~ '-c-. -c. I I I I I I I I I ..olL... I ---v:- -:.t- _ ., r.L------- I I ___., L____ I I 3 SOUTH ELEVATION AJ.l 0 1 2 4 ............ 3/8"=1'-0" EXHAUST VENTILATOR TYP, - SEE MECH, '''''.M___'' ...."'.._.._ .._._... ~,~-- ~~-- 'm- 88'11." 1 [-" r........r , !J i ,_"... _--11...---< 1 M,1 D/ ~O[l 0" ---v:- "-- ElECTRIC WATER -:.t- COOLER I I I I 1-------1...., = :JJ ~ ~ r ~ WJl,~.~ l~l i . ! L...._..,._._-' 3 ~,1 WfW' BEAM W/ COMPOSITE PANELS WEST ELEVATION o 1 2 4 ............ 3/B"=I' -0" =$= =$= I I I I .~L______~ I ~-----., :~ : I I I I L_______________J, I I L__________________~ I I I L_________________________________ I I I _______-.1 ~. ~ NORTH ELEVATION AJ.l 0 1 2 4 !......--.....I 3/8"=1'-0" SKYUGHT SEE 8/M,1 ASPHALT SHINGLES --- - - -- -- - - COMPOSITE FASCIA == - SEE 5/M.l .::.. 24"Wx12"H LOWER SEE DETAILS 7-9//>5.1 ~CONC. BASE - TYP. -ORNAMENT - SEE 9/M.l =$= I I I I ~ I M.l 1 M. I r--------.I I ---v:- r-- -:.t- I ___-1. I r--- ~ r---.. I I ----' __J I ElECTRIC WATER COOLER 3/4'x5 1/2' COMPOSITE lRlM BOARO___ WRAP BEAM W/ COMPOSITE PANELS VERTlCAl COMPOSITE SIDING W/ BATTEN EAST ELEVATION o 1 2 4 3/8"=1' -0" -- -- -- -- - 24"WxI6"H LOUVER SEE OETAlLS 7-9//>5.1 ---. " CO~MPOSITE ._-::- 3/4",3 1/~ AT OlJlSlDE ....... lRlM BOAR TYP CORNER -, _ ~ 3/4",5 1/2" COMPOSITE TRI~ BOARD AT DOORS - TYP. EMBOSSED H.M. DOOR - TYP. .."~ 1 .,. CONC. STOOP/APRON SEE STRucr. J~ 6'-8 t POST ON CONC. BASE - 1YP. SEE 10/M. ~~ 1 34'-0' '4f" 1 2'-8' 1" 1 10'-0' T ~2'-o" 35'4.' - I~ L t-J- J' .' n 1 '1' 0 ---t - -----"< ~ WElL ~ +J 0'1 A L !~ <!.WElL -~ CONC, PAD 2 1\3,' I I ~ I b I ~ .0<1 I ~ COMPOSITE SOFFIT PANElS AT UNDERSIDE OF OVERHANG ABOVE 2- M,1 CONC. STOOP SEE STRUCT. WOOD POST ON CONC. BASE - . SEE lD/M. -~ 4'-0' I ~ '" SIM. mn :r / .., / / i M. 8 ~-- I ~I IL , ~;1 _I b ;bl ~ -e- CQt,fPOSITE SOFFIT PANElS AT UNDERSIDE OF OVERHANG MY:NE- 103 1 I 1 1 I CHLORINE 1 ROOM />8f:NE C,M,U. PROVIDE 2x.1 0QjJ OF 0 STUD WALL W/ BAlT INSULI . , I Ie STAINED PLYWOOD EA I SIDE TO DECK 1 I I I 1 1 GARAGE I I I [jQIJ 1 I 1 I I I 0 I L - - - -- - - - --- - - -- - - ---' IRRIGATION I ~ I ." HIGH CONC, PAD OF.D. VERIFY SIZE Ie I LOCATlON W / MECK CONTRACTOR I I L------------i I I I I f-- i M. @ ~ - ~f--- sll 1 ...l..____ 8:12 PITCI D- -I I SKYUGHT W/ MIN 1 / g/ ~~~~~ : 0. ON WElL BElOW 1 ~ I ~ 1 1 ASPHAlT SHINGlES _ 1 '1' I 't: I i I __ __ -- __m_ -- ~l=~--! 6' 1-8' -L I i:l ~ N ~ N , '" -61/2' 8'-J' - --- I~ - 1/2" ;-1 15'-6 8:12 PITCH I J ~ ARE TO 1E2:TE: ALL DIMENSIONS j 14'-r PROJECT NO. 13570,000 - RECORD NO. 12'-0' PLANS - - SHEET NO, OF SHEETS ~ ! M. Y FLOOR PLAN o 1 2 . .............. 3/8"=1'-0" WELLHOUSE NO. 12 LEGENDS PARK BOARD OF WATER COMMISSIONERS STILLWATER MINNESOTA I ClIENT NO. I MSA NO, ~EB TKDA ENGINEERS.ARCHiTECTS.PLANNERS , 1 - I HEREBY CERTIFY THAT THIS PlAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND lMAT I IoN. A DULY UCENseo PROFESSIONAL ARCHITECT UNOER THE LAWS OF THE STATE OF MINNESOTA - _UC.NO. _ - DATE I - .f--- ~ 2 ROOF PLAN A2.1 0 1 2 4 Io....-......d 3/8"=1'-0" - - DESIGNED DRAWN - , - T1F BCKlDNC! - CHECKED - - - - DESCRiPTION OF REVISIONS t ~ r I ii I Ii.- ~~ii gJf' u ! , -'~" tl!. ') City Council DATE: January 27, 2009 ITEM: 2009 CIP Park Development Budget CITY COUNCIL DATE: February 3,2009 PREPARED BY: Michel Pogge, City Planner f'l"sf> DISCUSSION For approved funding in the 2009 Capital Improvement Program (CIP) the Parks and Recreation Commission proposes the following work program for Park Improvements and Trail Improvements. Park Improvements In the 2009 CIP budget, $80,000 was approved for Park Improvements. The following improvements are proposed: Item Re lace la ound e ui ment at Trian Ie Park Complete Maintenance on the Willard Street Stairs (Southwest corner of Trian Ie Park) Maintenance Re airs to the Bandshellin Pioneer Park 2 picnic tables for Lowell Park TOTAL Estimated Cost 1 $30,000.00 $15,000.00 $15,000.00 $2,000.00 $62,000.00 The items above are generally related to safety concerns. The slide in Triangle Park is to the point that it needs to be totally replaced due to deterioration. The north rail on the Willard Street steps has failed and detached at the ground with several of the steps crumbling. The cost to totally replace the steps would be around $40,000 to $45,000. At this point staff believes it would be more prudent to repair the steps as opposed to totally replacing them. The bands hell floor has warped and requires several of the board to be replaced. The picnic table in Lowell Park are in response to several requests made by the public. Any remaining funds (approximately $18,000) could be kept until fall in case unexpected maintenance items come up. I Cost is based on staff estimates. Actual costs will vary based on the City's normal bidding process. " 2009 CIP Budget Page 2 Trail Improvements In the 2009 CIP budget, $25,000 was also approved for Trail Improvements with an additional $18,000 carried over from 2008. With the $43,000 available for trail improvements staff presented five options for the Park Commission's consideration: Estimated Item Cost2 McKusick Loop Trail $51,056.94 Trolley Track Trail $22,732.47 Neal Ave Trail $34,857.29 Northland Park Internal Trails $70,266.49 Meadowlark Park Internal Trail $26,622.40 Attached to this memo are maps showing proposed trail sections with the associated engineer's cost estimate. The estimates includes a 25% cost contingency. Excluding the contingency, each of the proposed projects is within budget except for the Northland Park trails. The Commission recommended to the City Council that the McKusick Lake Loop Trail be completed with the Trail Improvements capital funds and that a bid add alternate be included for the Trolley Track Trail subject to available funding and favorable bids. Millbrook Park Improvements The 2009 CIP also allocated $67,500 for the initial development of the Millbrook park sites. Due to the low number of homes currently built in the Millbrook Development staff recommends carrying over these funds to 2010 until additional homes are built. PARK AND RECREATION COMMISSION RECOMMENDATION On January 26, 2009, the Park and Recreation Commission reviewed and discussed these proposals. The Commission recommended to the City Council that all of the park improvement items be approved as listed by staff. For Trail Improvements the Commission recommended to the City Council that the McKusick Lake Loop Trail be completed with the Trail Improvements funds and that a bid add alternate be included for the Trolley Track Trail subject to available funding and favorable bids. STAFF RECOMMENDATION Staff recommends that the City Council approve a motion to proceed with planning the park improvement items as listed in the staff report and the trail improvements for McKusick Lake Loop Trail and the Trolley Track Trail with final approval of plans and funding subject to City Council approval. 2 Cost is based on staff estimates. Actual costs will vary based on the City's normal bidding process. Estimated cost also includes a 25% cost contingency over staff estimates. ,4 MCKUSICK LAKE TRAIL CONNECTION ~ ~. ,~ ~ ~ I \~ ~n~ II (~ .[W \ ~v~f\-;;-~'j ~ /1 iV)w ~~(J L ~o BlD W BlD ~ BlD UV EJ<~v ~\ ~1 BlD ~ / ~ ~ II Bl .~---,::::J ( ~ ~ "\ w ~c. 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"- '"'- 7./'/ I ../ r tr 1\ LAKE MCKUSICK cStillwater ~ ~ THE IIIITH~LACE IF MIHNESITA ')\ o 50 1 00 I I I SCALE IN 200 I FEET feet 880 ength MckuSlck Loop tra Preliminary Cost Estimate Item < ..................... ................. ... .Ullit .",. . y., .... .-- ..' ........ -.... ......,.,. . . Hem . > Unit ..... Quantity. .Ptice. 1 Mobilization LS 1 $ 5,00000 $ 5,000.00 2 Clear and Grub Trees (All Sizes) Each 30,00 $ 200.00 $ 6,000.00 ~ Topsoil Borrmv (CV) CY 217 $ 12.00 $ 2,607.41 , 4 Water for New Seed GAL 30,000 .... $ 0.03 S 900.00 5 Retaimng wall SF 200 $ 20.00 S 4,000.00 6 Railing LF 40 >. :;; 10.00 S 400.00 7 Seeding ACRES 0.50 S 3,000.00 S 1,500,00 8 Seed Mix 350 LBS 60 3) 5.00 3) 300.00 9 Hydraulic Sod Stabtlizer Type 5 LBS 500 :5 1.00 S 500.00 10 Common Excavation CY 1,326 3) 5.00 :5 6,629.63 11 Class 5 Aggregate ( 1 00% crushed) TON 377 .... 3) 1000 3) 3,768.52 12 Wear Course Mixhlle MVWE35035B TON 123 :;; 75.00 $ 9,24000 Subtotal $ 40,845.56 ~ 10,211.39 51,056.94 $ $ Contingency Tata R2IW R2OW RI9W T32N T3IN T2BN T27N 1. R22W R21W R2OW Vicinity Map 0 200 Scale in Feet Tile drawing Is the 'esull d • compIblbn and rep mduslbn d land records se !hey uppesr In vedooe NYshl!gran Coenry plllwe. The drown' should be used foride�ence perposesonN WsehNolonCsenly bnol �ssponebb ler nm/ Neau�ecbe. ce: Washh,ulen County fi.r yoI CRw Phans (651r430Eg15 4". 4.HOpm.2006 yn non!ugh: Novsbor 3g, 3gg5 Map pr.17d: Jenuery 32, tggg feet 740 ength Trolley Tra Preliminary Cost Estimate Item. ............. ..................... ..... .......... . Vnit · . No.... .................... Item..................................... ... ......Unit...... Quantity Price. · . . . · . · .. . Amount 1 Mobilization LS 1 $ 5,000.00 $ 5,000.00 2 Topsoil Borrow (CV) CY 91 $ 12. 00 $ 1,096.30 3 Water for New Seed GAL 30,000 $ 0.03 $ 900.00 4 Retaining wall SF $ 20.00 $ - 5 Railing LF $ 10.00 $ - 6 Seeding ACRES 0.25 $ 3,000.00 $ 750.00 7 Seed Mix 350 LBS 30 $ 5.00 $ 150,00 8 Hydraulic Soil Stabilizer Type 5 LBS 250 $ 1.00 $ 250.00 9 Common Excavation CY 137 ... $ 5.00 $ 685.19 10 Class 5 Aggregate (100% cmshed) TON 158 $ 10.00 $ 1,584.49 11 Wear Course Mixture MVWE35035B TON 104 $ 75.00 $ 7,770.00 Subtotal $ 18,185.97 .. 4,546.49 22,732.47 $ $ Contingency (25%) Total 41/4, • 4 r • I • 3 ' _• — 103 • r, ; ; 1•?: " 4 .__. • • 111 81 f• • 0 • - •. ..,— • ••-- •• _......,_,..' .- -4.1C,- • f • -.-',..r1- s'..i•-•' '• •t . • . /- '''''• . . • . i • •-••., . .. • r V ri• • 11') • .+, '1.• I ' • / • r . /*•. ,••,1 T • 4 14 .f.44.146R400 i. .. • -- • . !I. 3 1 I .y4.- 4 • ... :Or • . , \ 4• .., °•,- Awill0 -, • -, • 9, . : • • f' it.'1 e. • • ••+ i -11.11144d• ..46. Location Map 16- ''''.... 1 , ....4 -'• 1... , ty 1 , v4.,..,..'• • . _. . 'I; ' ,. . . ,...e..g. C‘,..i! • 1-32N Tilt4 T3ON R2131/. R2OW RI9W T32N T3IN T3ON T29N •T29N T28N T2$N T27N R22W R21 W R2OW Vicinity Map 0 200 Scale in Feet This drawing Is iho rosoll of n compilallon nnd reproduclkn of land records as Illoy oppoar In various WashIngion County ollicos. Mowinp should bo usad for rawer). purposos only. Was hinplon Coonly is nol rosponsiblo for nnv Inuccrancias Swum]) Wu shbrolon Courtly Smveyors 011oo Phone (65 I) 4304875 Porsoldat based on ASSOOInfonnofon corm)! Ibrooplr A11,5131,2506 Map pinto& October 29..11 feet 780 ength Neal Avenue tra Preliminary Cost Estimate Ite.In ...... ...... ................................ ............. ............. .. 1<< ... ... ..... ..... . ... No. '.' Item '.' .' "Unit ... Quantity" Price . . '.' '.. ..... ... 1 Mobilization LS 1 5) 5,000.00 5) 5,000.00 2 TopsOIl BOlTOW (CV) CY 193 $ 12.00 $ 2,311.11 3 Water for New Seed GAL 30,000 5) 0.03 $ 900.00 4 Retaining wall SF 200 $ 20.00 :]; 4,000.00 5 Railing LF 40 $ 10.00 $ 400.00 6 Seeding ACRES 0.50 $ 3,000.00 $ 1,500.00 7 Seed Mix 350 LBS 60 $ 5.00 $ 300.00 8 Hydraulic Soil Stabilizer Type 5 LBS 500 $ 1.00 $ 500.00 9 Common Excavation CY 289 $ 5.00 $ 1,444.44 10 Class 5 Aggregate (100% cmshed) TON 334 $ 10.00 $ 3,340.28 11 Wear Course Mixture MVWE35035B TON 109 $ 75.00 $ 8,190.00 Subtotal $ 27,885.83 . 6,971.46 34,857.29 $ $ (25%) Contingency Total .' 1-50• 160 170 180 17- r 90 .8.9,1 i 1 az 8 21$ �i+' 6• Location Map i .uDO "i :i Z51f rrt AkArri R22W R2IW R2OW 0 300 Scale in Feet Tills drawing is Illo rosnY al a compliallon and roproenclion of lane records ns Inoy ap pear various Washing!. Caunly offices iu drawing snordd La usorl for ruleronce pulposas onM• Washington comity is not r0s10115610 for any inaccumcbs SOM.: VJa shinglun county Surveyors °Arco. PhoiIcsq a., 6e15 Paicala Lnsoil on ASagg Inlornialion usl SI. 2000 Map pnnlod:Colobor 29r20013 feet 2450 ength Northland Parl< Preliminary Cost Estimate LS $ 5,000.00 Topsoil Bonow (CV) CY 5> 7,259.26 Water for New Seed GAL 0,03 $ 900.00 4 Seeding ACRES 3,000.00 $ 1,500,00 5 Seed Mix 350 LBS 5,00 $ 300.00 6 Hydraulic Soil Stabilizer Type 5 LBS 1.00 $ 500,00 7 Common Excavation CY 5.00 ,$ 4,537.04 8 Class 5 Aggregate (100% cmshed) TON 10,00 $ 10,491.90 9 Wear Course Mixhlre MVWE35035B TON 75.00 $ 25,725.00 Subtotal $ 56,213.19 . ",., 14,053.30 70,266.49 $ $ Contingency (25%) Total R21W R2OW R19W 112N IjI T32N --1 l T31N T31N s 1 £11 T3ON If T29N }.•1 T29N T28N f - T28N T27N r r I T27N R22W R21W R2OW Vicinity Map 0 200 Scale in Feet This drawing Is the runic of a compllalbn end rnproduclIon of land records as !hey nppoar In verbus Weshlnolon C.* dikes The drawls should be used for remrence purposes only Washmomn County k nol responsrolo for any Inaccuracies Solace: We shinufon County Sunayn! s Cif o Phone (651) dig 6675 Pnrculddle Pawl MA{yO lnInnykn Mnronl grlwgT• Aspasi 31.3006 nnrweA. MO. rt3000 feet 750 ength Meadowlarl< park tra Prelimina~y Cost Estimate Item .. I>" ................ ...................... .'... . Unit T;-".w, .............<<>.........>. ...", ,.. > Unit. .... Quantity'. . . . . Price. · 1 Mobilization LS 1 ... $ 5,000.00 $ 5,000.00 2 Topsoil Borrow (CV) CY 185 $ 12.00 $ 2,222.22 3 Water for New Seed GAL 30,000 $ 0.03 $ 900.00 4 Seeding ACRES 0.50 .... $ 3,00000 $ 1,500.00 5 Seed Mix 350 LBS 60 ... $ 5.00 $ 300.00 6 Hydraulic Soil Stabilizer Type 5 LBS 500 $ 1.00 $ 500.00 7 Common Excavation CY 278 ... $ 5.00 $ 1,388.89 8 Class 5 Aggregate (100% crushed) TON 321 ... $ 10.00 $ 3,211.81 9 Wear Course Mixture MVWE35035B TON 105 $ 75.00 $ 7,875.00 Subotal $ 22,897.92 5,724.48 28,622.40 $ $ Contingency (25%) Total MEMORANDUM TO: Mayor and City Council Cc: Larry Hansen, City Administrator S~ FROM: Shawn Sanders, Director of Public Works DATE: January 29,2009 RE: Request for Capital Outlay Funds for Skidsteer Replacement DISCUSSION: For the past couple of years, the City has been in a program that replaces our skidsteer annually. Through this program, the vendor replaces the previous year's new skidsteer with a current year new skidsteer at an annual cost of $1500 per year + tax. An advantage of the program is the city receives a new skidsteer every year, complete with warranty coverage on all parts and labor. Our responsibilities include preventative maintenance (change hydraulic and engine oil, normal fuel and grease). If a new skidsteer is purchased outright, our normal replacement schedule would be 10 years, at a purchase price of $31 ,359 and an estimated trade- in value of $10,000, the City would be money ahead and would not have the warranty after the first year. Funds for this request would come from the Streets Machinery and Equipment Capital Outlay Staff is looking for approval to proceed with the replacement purchase of this equipment in the amount of$1597.50 ~ ~ ~~~~ . Bobcat. Product Quotation Quotation Number: WM-0133 I Date: 01/27/2009 Ship to City of Stillwater Attn: Nick 3325 Boutwell Rd. Stillwater, MN 55082 Phone: 651-275-4103 Fax: 651-275-4412 Bobcat Dealer Tri State Bobcat Inc 1800 West Highway 13 Burnsville MN 55337-2214 Phone: 651-407-3727 Fax: 651-407-7345 Bill To Contact: Bill Miller Cellular: 612-919-1840 EMail: billm@tristatebobcat.com Description S250 Bobcat Skid-Steer Loader A91 Option Package Part No MOOl5 Qty Price Ea, I $24,169.24 I $6,009.16 Total $24,169.24 $6,009.16 MOO15-POI-A91 Cab enclosure with Heat and AC High Flow Hydraulics Two-Speed Travel Sound Reduction Hydraulic Bucket Positioning Power Bobtach Deluxe Instrument Panel Horn Backup Alarm Suspension Seat with 3-Point Belt Engine Block Heater Counterweights Attachment Control Kit Cab Accessory Harness Factory Installed Advanced Control System Dealer Installed Strobe Light Kit, Amber M0015-ROI-C03 6719857 $924.80 $256.00 $924.80 ' $256.00 . Total of Items Quoted Trade-in S250 c/h/ae, pbt, dx inst~ snd cab, hi flow, 2 spd, bue pos, alrm, strobe, susp seat Sales total before taxes Taxes: State of Minnesota Quote Total- US dollars $31,359.20 . ($29,859,20) $1,500.00 $97,50 $1,597,50 Notes: All prices subject to change without prior notice or obligation. This price quote supercedes all preceeding price quotes. Customer must exercise his urchase 0 tion within 30 da s from uote date, Customer Acceptance: Purchase Order: Authorized Signature: Print: Sign: Date: ~ J-: ~ CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING MONDAY, FEBRUARY 9, 2009 The City of Stillwater Planning Commission will meet on Monday, February 9, 2009, at 7 p.m. in the Council Chambers at Stillwater City Hall, 216 North Fourth Street. City of Stillwater Planning Commission regular meetings are held at 7 p.m on the second Monday of each month. All City Planning Commission meetings are open to the public. A GENOA 1. CALL TO ORDER 2. APPROVAL OF JANUARY 12, 2009 MINUTES 3, OPEN FORUM The Open Forum is a portion of the Commission meeting to address subjects which are not a part of the meeting agenda. The Commission may reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less 4. PUBLIC HEARINGS. The Chairperson opens the hearing and will ask city staff to provide background on the proposed item. The Chairperson will ask for comments from the applicant, after which the Chairperson will then ask if there is anyone else who wishes to comment. Members of the public who wish to speak will be given 5 minutes and will be requested to step forward to the podium and must state their name and address. At the conclusion of all public testimony the Commission will close the public hearing and will deliberate and take action on the proposed item. 4,01 Case No. 08-51. A variance to the river and bluff setback for Bergstein and Shoddy MiIIlocatecl at 805 South Main Street in the IB, Heavy Industrial District. City of Stillwater, applicant. Continued from the January 12, 1009 CPC Meeting. 4.02 Case No. 09-03. A special use permit request for the remodel and expansion of the mechancial room located at 927 West Churchill Street (Lakeview Hospital) in the RB, Two Family Residential District. BWBR Architects, Shannon Brambery, applicant. 5. OTHER BUSINESS 5.01 Communication towers in residential districts. 1. 9:00 2. 9:15 3. 9:15 4. 9:25 5. 9:25 6. 9:35 7. 8. 9:55 9. 9:55 to 10:25 10. 10:25 to 11:10 Washington ~ ~County Dennis C. Hegberg District 1 Bill Pulkrabek District 2 Gary Kriesel District 3 BOARD AGENDA Myra Peterson, Chair District 4 Lisa Welk District 5 FEBRUARY 3, 2009 - 9:00 A.M. Washington County Regional Railroad Authority Convenes Ted Schoenecker, Transportation Planning Manager A. Roll Call B. Pledge of Allegiance C. RRA Minutes from September 16, 2008 D. Update on Status of Joint Powers Agreements for the 1-94 Corridor and the Midwest High Speed Passenger Rail Corridor E. Adjourn Washington County Board of Commissioners Convenes Roll Call Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Governntllwhether or not the issue is listed on this agenda, Persons who wisho address the Board mustfill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, IltqJour name and address, and present your aJmments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relatao an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate ththeduled agenda items Consent Calendar General Administration - Jim Schug, County Administrator Legislative Update 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 tm:Itters of interest and information, or raise qllstions to the staff, This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduledfor afuture board meeting. Board Correspondence Adjourn Board Workshop with Community Corrections Offender Re-entry from Jail and Prison Board Workshop with Community Services Children in Need of Protection or Services (CHIPS) ************************************************************************* Date February 3 February 5 MEETING NOTICES Committee Library Board Interview Metropolitan Energy Policy Coalition Location Washington County Government Center 100 Empire Drive, St. Paul Time 8:30 a.m. 12:00 p.m. Assislive !istening devices an: available for use In ~he County Board Room EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * FEBRUARY 3, 2009 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval ofthe January 20, 2009, Board meeting minutes. Community Services B. Approval of amendment number nine to Contract #1875 between East Suburban Resources and the Community Services Department' s Workforce Center (WFC) to provide employmenttraining services to dislocated workers through December 31, 2009. Information Technology C. Approval of data/voice cabling contract with Network Design, Inc., for the period of February 1, 2009 through January 31, 2010. Library D. Approval of amendment to Contract #4399 (renumbered #2585) with SirsiDynix Corporation for maintenance of the Library's integrated library system, called HORIZON. Public Heahh and Environment E. Approval of renewal of two-year agreements with the cities of Bayport, Forest Lake, Lakeland Shores, Newport, Oakdale, Scandia, and Pine Springs to provide individual sewage treatment system inspection services. F. Approval of the license to use real property with Children's Dental Service for the use of the WI C Clinic space in Cottage Grove for holding monthly dental clinics. Public Works G. Approval of traffic control signal maintenance agreement between Washington County and the City of Cottage Grove for the traffic signal at the intersection of County Highway 22 (7cJh Street South) and Hardwood Ave. H. Approval of agreement with the Metropolitan Council for restrictive covenants on property acquired for inclusion into the Big Marine Park Reserve and the agreement filed with the Washington County Recorder's Office as part of the deed to the parcel. I. Approval of award of contract to Owens Companies, Inc., to overhaul the Law Enforcement Center chiller and authorize execution of the contract through the signatures of the Chair of the Washington County Board of Commissioners and the Washington County Administrator, without further action from the County Board. * 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 January 20, 2009 Present were Commissioners Dennis C. Hegberg, District 1; Gary Kriesel, District 3; Myra Peterson, District 4, and Lisa Weik, District 5. Bill Pulkrabek, District 2; absent. ,Board Chair Peterson presided. Commissioner Reports - Comments - Ouestions The Commissioners reported on the following items: Commissioner Hegberg - attended a meeting with Stev Stegner, Mayor of Forest Lake, about moving the overpass proj ect near the rest stop forward in Forest Lake and other related issues in the area; Commissioner Weik - reported the three day conference, entitled 'County Government 101', hosted by the Association of Minnesota Counties, was well attended and offered several leadership sessions specific to administering your duties as county commissioners; she spoke with some of the Association of Minnesota Counties representatives about forming a Redesign committee; and she plans to attend a Minnesota Department of Transportation discussion to be held on Thursday, January 22, at 5 o'clock p.m., the discussion will involve proposed changes to Interstate 494 from south of Lake Road to Interstate 94; Commissioner Peterson - extended a thank you to her fellow commissioners for their support and assistance over the past weeks; she recognized today as a new day and moved to send a letter of congratulations to President-elect Barack Obama as well as a letter to past President Bush thanking him; Commissioner Kriesel- plans to attend the Counties Transit Improvement Board meeting this Friday; and reassured the public the Land and Water Legacy Program has not been suspended. Community Corrections Approval of the following actions: Resolution No. 2009-007, authorize renewal of the joint powers agreement between the State of Minnesota and the Washington County Sentence to Service Program. Community Services Approval of the following actions: Agreement with Minnesota Department of Employment and Economic Development (DEED) and the Washington County Workforce Center Division to provide dislocated worker services to workers laid off from Tenere, Inc., effective December 1, 2008, through December 31, 2009; Resolution No. 2009-006, appreciation of Jane George, foster parent of the year award by the Minnesota Foster Care Association. General Administration Approval of the following actions: January 6, 2009 Board meeting minutes as amended; Resolution No. 2009-008; support of 34th Red Bull Infantry Division and Stillwater-based 34th Military Police Company of the Minnesota National Guard on its deployment to Iraq; ~ Update on 2009 legislative session; Board correspondence was received and placed on file; Workshop held to provide a status report on the Land and Water Legacy Program implementation. Human Resources Approval of the following actions: Ratify the 2009 health insurance for Local 49 employees. Public Works Approval of the following actions: Resolution No. 2009-009; authorize the Commissioner of Minnesota Department of Transportation to perform a speed study to determine the reasonable and safe speed limits at locations located in Hugo, Woodbury, Grant/Stillwater/Stillwater Township and LakelandlLakeland Shores. Sheriff Approval of the following actions: Motorola change order WC-006 to the 800 MHz radio system contract. 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 January 13, 2009 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; and Lisa Weik, District 5. Myra Peterson, District 4; absent. Board Vice Chair Pulkrabek presided. Commissioner Reports - Comments - Questions The Commissioners reported on the following items: Commissioner Hegberg - attended a meeting with Minnesota Counties Insurance Trust on Friday, January 9, 2009, addressing concerns with law enforcement losses and the need for additional training due to the number of suicides in jails; and he mentioned the importance of following proper procedures to reduce the number of incidents; Commissioner Kriese1- attended the meeting hosted by the State of Minnesota, Department of Transportation, about the future use of the Stillwater lift bridge as a trail connection to Wisconsin; and he will be speaking at the Hilltoppers Society at Trinity Lutheran Church on Thursday, January 15,2009, providing them an update on county government; Commissioner Weik - reported on press recognition given to Washington County Sheriff Bill Hutton in both the Star Tribune and the St. Paul Pioneer press this past Sunday, the articles outlined his successful and innovative law enforcement programs; she commended Sheriff Hutton for his accomplishments and congratulated him on his well-deserved recognition; toured the People Learning a Cooperative Existence (P.L.A.C.E.) facility in Oak Park Heights, a community based educational program for delinquent youth; attended the Metropolitan Mosquito Control Commission last week but they did not have a quorum so it hopes to reschedule the meeting to January 28,2009; will be attending a three day conference, entitled 'County Government 101 ' , hosted by the Association of Minnesota Counties, the conference is being held January 14 through January 16,2009, in Roseville for newly-elected commissioners; and she mentioned a front page article in the Star Tribune on Monday, January 12, 2009, discussing mass transit versus mess transit and acknowledged Kevin Giles as one of the authors of the article and its timeliness; Commissioner Pulkrabek - will be attending a joint meeting this Thursday evening, January 15, 2009, with the city of Oakdale and personnel from the Assessment Division of Property Records and Taxpayer Services Department, the meeting is being held to address questions and concerns about assessed values of some of the commercial and industrial property owners in Oakdale. Communitv Corrections Approval of the following actions: Resolution No. 2009-005, authorize Director of Community Corrections to execute agreements and amendments necessary to implement Title II grant. Communitv Services Approval of the following actions: 2009-2011 contract with New Perspective Mahtomedi, LLC, doing business as Lighthouse of Mahtomedi, to provide 24-hour customized living services and respite care at its site in Mahtomedi; 2009-2011 contract with Presbyterian Homes and Services to provide 24-hour customized living services at five of its sites throughout Washington County and home delivered meals at select locations; Community Development Block Grant subgrantee agreement with the city of Lake Elmo to rehabilitate up to 40 gas service lines in the Cimarron neighborhood ofthe city of Lake Elmo; 2009 contract with Human Services, Inc., for mental health services, chemical health services, transportation, and elder-care services; Amendment #3 to the contract between the State of Minnesota Department of Human Services and Washington County Community Services to continue the Integrated Service Project (ISP) for the period January 1, 2009, to December 31, 2009; Amendment #4 to the contract between Washington County and HIRED, for the delivery of Minnesota Family Investment Program (MFIP) Integrated Services Project (ISP) services for the period January 1, 2009, to December 31, 2009. General Administration Approval of the following actions: Update on the meeting held January 8, 2009, with the representatives of the legislative delegation serving Washington County; Board correspondence was received and placed on file. Human Resources Approval of the following actions: Authorize the County Board Chair to sign and the Director of Human Resources to submit the 2008 Pay Equity Report to the Minnesota Department of Management and Budget. Public Health and Environment Approval of the following actions: Enter into agreements with Shawn Svendson-Cates, Mary Hanf, Theresa A. May, Lucinda Pepper, and Carla Schoenecker as independent contracted wellness program staff for on-site county employee wellness activities; 2009-2011 home health care and home modification contracts with Alliance Health Services, Inc., Comfort Keepers, Crystal Care Home Health Services, Divine Healthcare Network, Equity Services of St. Paul, Inc., Fairview Lakes Home Caring and Hospice, Integrated Home Care, Lakeview Home Care and Hospice, Metro PCA Services, Minnesota Home Care Professionals Inc., Northwest Home Health Care Services, REM Health, REM Minnesota, Sunrise Health Services, Inc., and Triple Angels of Cottage Grove, to provide home and community based services for the elderly and disabled residents of Washington County. Public Works Approval of the following actions: Change order #10 to contract with Sowles Company in the amount of$15,502.01; Change order #6 to contract with Century Construction Company in the amount of $18,262; Change order #9 to contract with People's Electric, Inc., in the amount of$27,861; Joint Powers Agreement with Dakota County for the demolition of Bridge 5600. { 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. . 9' STILLWATER TOWNSHIP January 22, 2009 7:00 PM Town Board Meeting Chair: Hiniker A2enda: Adopt Minutes: Approve Minutes: Town Board Meeting - January 8, 2009 Treasurer: 1. Report 2. Checks and Claims 3. Budget Discussion Clerk: 1. Attornev: 1. Will not be Present Planner: 1. Will not be Present Enlrlneer: 1. Will not be Present PeoDle Portion: 1. Plannin2 Commission: 1. Park Committee: 1. CommunicationMeetin2: 1. Park Maba2er: 1. Old Business: I. Job Descriptions New Business: 1. Waste Management Agreement 2. Washington County Resolution 1/19/2009 Pat Bantli . -'\, .. January 8, 2009 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson David Johnson, Supervisors Linda Countryman, Sheila-Marie Untiedt and Matt Beane, Stillwater Township Clerk Pat Bantli, Deputy Clerk Kathy Schmoeckel, Treasurer Carol Collins, Planner Sherri Buss, Engineer Paul Pearson and Chief of Police Steve Nelson. 1. AGENDA - M/S/P Countryman/Untiedt moved to adopt the agenda as amended. (4 ayes) 2. MINUTES - M/S/P Untiedt/Countryman moved to approve the 12/11/08 Stillwater Town Board Meeting minutes as written. (4 ayes) 3. TREASURER- a) Report given. b) Audit - Carol Collins read an e-mail she had received from the auditor to the effect that since we had an audit done last year, we are on OSA and they will be checking on us. The cost is about $15,000. She is not sure of the threshold for needing an audit since it is not posted on their website. c) Township Dinner - M/S/P Untiedt/Countryman moved to cancel the February dinner at the Dock Cafe. (3 ayes, Johnson nay) This matter can be re-Iooked at later this year. d) Budget - Jim Hiniker's e-mail dated January 5th was reviewed. This will be discussed further at the January 22nd meeting. e) Claims and checks - #18987 through #19006 were approved for payment. 4. PLANNER- a) Joint Board - The next Joint Board meeting on January 21st will be attended by David Johnson and Sheila-Marie Untiedt. Agenda items will include the Ceremonial Events Ordinance and Wind Energy Conversion Systems. There was discussion as to whether the Ceremonial Events Ordinance should limit the size of the event and the consensus was that it could be handled with the CUP appHcation depending on the parking availability. With respect to the Wind Energy Conve.rsi()n Systems, there may be further discussion as to whether to allow a 5 acre minimum lot size rather than 10 acres. b) Census Packet - The Planner will create the Township boundaries for the 2010 census. c) Fee Schedules - With respect to escrows, the language should be changed to somethingsirnilar to "relative to anticipated expenses, larger escrows may be required" with a range called out, so that we have the discretion to change what is required on a case by case basis. The Clerk will need to check with the Planner to see that adequate escrow is charged when an application is made. '" * r- Stillwater Town Board Mtg. - 1/08/09 Page 2 " The Process Sheet will need to be clarified also. There 'will be more dis~ussion at the next meeting. 5. COMMmEE USAISONS - Committee liaisons were assigned as follows: . Joint Board - David..Johnson and Linda Countryman . Park - Matt Beane ' . Communication and Planning - Sheila-Marie Untiedt and/or Jim Hiniker " 6, TOWN HALL MAILBOX - David Johnson has received the new mailbox and is storing it. The consensus was to wait until spring to have it installed. 7. SENATOR VANDEVEER - Senator Vandeveer was present.to discuss issues that may be of interest to the Township, He will be introducing legislation relating to. watersheds where County Boards will review and approve their annual budgets. The bill will be available for review at leg.mn.Senator Vandeveer was looking for:- suggestions on dealing with the budget deficit and there was also discussion of green acres and the audit requirement. 8. PEACE OFFICER - a) Yield Sign at Newgate - Chief of Police Nelson and the Town Clerk received a complaint from a resident about the new yield sign at 94th and Newgate. Engineer Paul Pearson had a drawing of the intersection and he described the existing conditions at the intersection and the estimated daily traffic. The rules of the road state that you yield to the car on the right and the consensus was that this sign just confirms that fact. The Board agreed with the Engineer's decision to place the yield sign. b) Report given. c) The Meineke boat has been removed. d) There were 118 burning permits and 739 police complaints in 2008. Chief Nelson will have a full report at the Annual Meeting. e) All CUP's have been checked and are in order. f) He reviewed the Allegations of Misconduct policy in case of any complaints about him. g) He had the contract for the new 800 megahertz system. M/S/P Untiedt/Countryman moved to authorize the chair to sign the Washington County Subscriber Agreement. (4 ayes) 9. PARK COMMmEE - M/S/P Countryman/Untiedt moved to apPOint Jim Doriott to the Park Committee. (4 ayes) 10. TOWN HALL USE - M/S/P Countryman/Beane moved to give permission to Stillwater Daylily Garden Club to use the town hall on the morning of Thursday, February 3, 2009. (4 ayes) >1 '.... ~ Stillwater Town Board Mtg. - 1/08/09 , Page 3 11. WATERSHED MEETING NOTICE - They are requesting one or two elected officials attend their meeting on Thursday, January 15 from 2:00 p.m. to 5:00 p.m. atthe Scandla Community Center. David Johnson will attend. 12. RESIDENCY REQUIREMENTS - A policy can be that preference to serving on committees will be given to Township residents. Elected officials. must be residents. There will be more discussion at the next meeting of the Town Board Job Duties and ResponsiblJlties. The Park, Planning and Communication Committees should~'so address this at future meetings. The residency requirement can be part of that discussion. 13. STAFF ATTENDANCE AT TOWN BOARD MEETINGS - The staff will plan to attend the first monthly meeting and the second meeting will be on an "as needed" basis. An agenda item for the first meeting will be to make a decision on the need for staff at the second meeting. The Board will also need to consider this if something comes up in the interim. 14. ADJOURNMENT - M/S/P Beane/Untiedt moved to adjourn the meeting. (4 ayes) The meeting was adjourned at 9:25 p.m. Clerk Chairperson Approved