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Home My WebLink About2009-02-17 CC Packet AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street February 17, 2009 REGULAR MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE 7:00 P.M. APPROVAL OF MINUTES - Possible approval of February 3, 2009 regular and re PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Certificate of Appreciation - Retirement - Ron Johnson (Resolution-Roll Cal OPEN FORUM The Open Forum is a portion of the Council meeting to address the meeting agenda. The Council may take action or reply at the r e staff regarding investigation of the concerns expressed. Out of limit your comments to 5 minutes or less. which are not a part of t or may give direction to in attendance lease STAFF REPORTS 1. Police Chief 2. Fire Chief 3. City Clerk 4. Community Dev. Director 7. Finance Director 8. City Administrator CONSENT AGENDA (Roll Call) 1. Resolution 2009-30, directing pay 2. Resolution 2009-31, resolution a 3. Resolution 2009-32, reappo 21.030.20.24.0016 (1802 4th .4. Resolution 2009-33, res I the City of Stillwater; Revenue Code 5. Resolution 2009 Conservation tri 6. Resolution 20 (800 MH G Grant application for Landmark Homes program essments for subdivision of Parcel No. to subdivision of land ancing of certain proposed projects to be undertaken by nce with reimbursement bond regulations under the Internal e 009 Service Agreement for water monitoring with the Washington of Washington County Communications System Subscriber Agreement PUBLIC H or less. ect for others in attendance lease limit our comments to 10 minutes INESS Stop Signs (Resolution-Roll Call) ssion on Downtown Parking Permit program as it relates to residents NEW BUSINESS 1. Possible approval of recommendations for General Obligation Capital Outlay Bonds, Series 2009B, Series 2009C & Series 2009D (3 Separate Resolutions - Roll Call on. each) - Brenda Cruger - Springstead 2. Possible approval of feasibility report and calling for hearing on 2009 Street Improvements (Resolution- Roll Call) 3. Possible first reading of an ordinance amending Section 38-3, Noise Control and Regulations of the Stillwater City Code (1 st Reading-Roll Call) 4. Presentation on traffic seminar - Chief Gannaway & Public Works Director Sanders 5. Possible first reading of an ordinance amending Section 51-5, Snow Emergencies of the Stillwater City Code 6. Possible approval to hire temporary seasonal Parking Attendants and CSO - Police Department 7. Possible approval to hire temporary seasonal for Public Works 8. Possible approval to hire/replace police officer 9. Community Development Department - Annual Report PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS All items listed under the consent agenda are considered t enacted by one motion. There will be no separate discuss citizen so requests, in which event, the items will be emov separately. City Council and will be s unless a Council Member or onsent agenda and considered STAFF REPORTS (continued) ADJOURNMENT * 2 .,~ , LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2009-30 1ST line/Leewes Ventures LLC 3M Ace Hardware Action Rental, Inc. Animal Humane Society Aramark Uniform Services Aspen Mills AT&T Brady, Doug Burnsville Police Department CARQUEST Auto Parts CATCO Parts and Service Cities Digital Coca-Cola Bottling Company Consolidated Welding Supply Cub Foods Enterprise Products Operating Fastenal Company Fire Engineering Fred's Tire Company GCR Minneapolis Truck Tire Center Goodin Company Gopher State One Call, Inc. Grand Casino Hinckley Hotel Hartland Fuel Products, LLC Haussner Plumbing, LLC Hotsy Equipment of Minnesota Hugo Feed Mill International Association Kath Companies Kirvida Fire, Inc. L & D Sign League of Minnesota Cities Loffler Companies, Inc. M J Raleigh Truck Co. Magnuson Law Firm Menards Metropolitan Council MN Occupational Health MN Office Of Enterprise Technologies MN State Fire Marshall Newman Traffic Signs Office Depot Office Max Onvoy OUR Designs, Inc. Concession Supplies Sign Dating Stickers Equipment Repair Supplies Concrete 4th Quarter Humane Society Fees Towels, Mats, Mops, & Uniform Cleaning Uniforms Telephone Mileage Reimburse Crime Scene Investigation Course Auto Batteries Equipment Repair Supplies Permitworks Integration Soda for Concession Welding Supplies Concession Supplies Propane - Rec Center Equipment Repair Supplies Subscription Tire Change Tires Equipment Repair Supplies Billable Locate Tickets Hotel Reservation for Continuing Education Fuel Repair Toilet Women's Basement Locker Rm Equipment Repair Supplies Chamber Set Float Membership Dues Equipment Repair Supplies Fire Engine Repairs Repair light in Parking Lot 2009 Reducing Energy Costs in Local Gov Phone System for Rec Center Clean Sand Professional Services Through 02/12/09 Equipment Repair Supplies March 2009 Wastewater Service On Site Drug Collection January 2009 WAN Sprinkler System Hydraulics Plan Review Street Signs Office Supplies Office Supplies Monthly Telephone Fire Department Badges 261.20 23.28 282.35 10.65 1,297.55 661.33 556.67 63.61 72.60 1,300.00 1,309.35 2,497.43 1,500.00 667.85 168.12 133.14 9,298.80 510.34 29.95 21.43 376.87 70.45 181.20 110.38 4,815.87 54.00 379.80 42.50 254.00 2,083.73 1,172.62 144.26 40.00 8,323.24 70.00 6,751.83 264.66 110,865.59 290.00 140.83 40.00 263.78 42.38 149.08 512.10 308.95 EXHIBIT" A" TO RESOLUTION #2009-30 Quill Corporation Riedell Shoes, Inc. RiverTown Newspaper Group Sprint PCS St. Croix Boat & Packet Co. Stillwater Area Schools Stillwater Collision & Restoration Stillwater Towing Strategic Insights, Inc. Sun Newspapers SW/WC Service Cooperatives Toll Gas & Welding Supply TR Computer Sales, LLC USAble life Washington County Assessment Washington County Property Records Washington County Recorder Ziegler, Inc. LIBRARY Ace Hardware Baker & Taylor Baker & Taylor, Inc. Budget lighting, Inc. BWI Book Wholesalers Ersland , William Hansen, Ann linner Electric Co. Newhouse, Marija Papco, Inc. Peterson, Craig Random House, Inc. RiverTown Newspaper Group Security Response Services Inc Washington County library Washington County Surveyor Xcel Energy ADDENDUM Aramark Clark, Luann Cole Papers CPMI Frank Madden & Associates LSA Office Supplies Skates for Resale Publications Cell Phone January 2009 Arena Billing Coffee/Durring Elections Squad Car Repairs Vehicle Towing Capital Planning Software Maintenance Special Use Permit Retiree Health Insurance Equipment Repair Supplies Software Term life Insurance Audit Reports Contract For Deed Recording of Documents Repar Plow/Dump Truck Engine Janitorial Supplies library Books library Books light Bulbs library Books Art Storage Bin Business Card Labels Repair lighting Refund Security Deposit Janitorial Supplies Security library Books Advertisement Maintenance Contract Telecommunications Plat Books Electricity Mats, Towels, Mops Cleaning City Hall, Public Works Towels & liners Labor Relations Services Stillwater Parking Ramp Page 2 ~ . \ 65.44 11.16 112.00 86.84 57,751.16 31.00 4,079.60 79.88 718.88 213.03 43,294.44 27.81 995.00 415.92 220.00 52.65 631.80 527.79 493.04 334.26 2,467.11 80.94 29.80 448.00 14.41 2,127.00 15.00 82.04 35.00 48.00 48.45 155.67 782.40 56.00 5,878.42 113.06 1,057.50 208.76 1,381.71 22.60 3,828.54 ; EXHIBIT" A" TO RESOLUTION #2009-30 Qwest Springsted Incorporated STOPHCVB Sun Newspaper Xcel Adopted by the City Council this 17th Day of February, 2009 Page 3 Telephone Professional Services 4th Qtr. 2008 Lodging Tax Publication Electricity,Gas 696.50 14,146.76 25,497.16 18.63 18,693.04 TOTAL 346,487.97 '" , EXTERNAL MEMORANDUM TO: Springsted Honorable Ken Harycki Mr. Larry Hansen, City Administrator Ms. Sharon Harrison, Finance Director Members, City Council FROM: DATE: SUBJECT: Brenda A. Krueger, Vice President Client Representative February 17, 2009 Series 2009B, 2009C, 20090 Refunding Bonds Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, MN 55101-2887 Tel: 651-223-3000 Fax: 651-223-3002 www.springsted.com This morning the City's three series of Refunding Bonds were priced with the underwriting firm of Northland Securities. Springsted Incorporated is recommending to the City Council to award the 2009B, 2009C, 20090 Refunding Bonds based on the final agreed upon interest rates which are included here in. Several methods of sale were outlined in Springsted's sale options dated February 2, 2009. Under Option 1 Northland Securities agreed to purchase these issues using the same level of compensation (adjusted for the longer term) as the City's General Obligation Capital Outlay Bonds, Series 2009A sold on February 3, 2009. The pricing of the three Refunding Issues is in line w~h the final yields the City received on the 2009A Bonds. See the attached comparison of the final yields to the MMD Index. These Refunding Issues are rated Aa3, as were the 2009A Bonds. Type of Refunding Present Value Benefit Average Annual Savings Term True Interest Rate (TIC) Final Principal Amount First Call Date Underwriter Com ensation 2009B Capital Outlay Refunding Current $74,406 $14,931 10 years 2.50% $1,005,000 None $7.75 er$1,OOO 2009C Sports Facility Refunding Advance $146,600 $17,272 11 years 2.74% $1,420,000 None $9.75 er $1,000 20090 Capital Outlay Refunding Advance $246,910 $24,374 13 years 2.93% $4,095,000 1-Feb-19 $9.50 er $1,000 2009A Capital Outlay New Issue 8 years 2.29% $1,445,000 None $7.00 er $1,000 Public Sector Advisors .. . City of Stillwater, Minnesota February 17, 2009 Page 2 Interest Rate Scale (Yields) 2/13/2009 2/2/2009 AAA MMO * Final 2oo9B Final 2009C Final 20090 AAA MMO * Final 2009A Yields Spread Yields Spread Yields Spread Yields Yields Spread 2010 0.55% 0.700% 0.15% 0.55% 0.700% 0.150% 2011 1.14% 1.260% 0.120% 1.260% 0.120% 1.260% 0.120% 1.18% 1.300% 0.120% 2012 1.32% 1.470% 0.150% 1.470% 0.150% 1.470% 0.150% 1.35% 1.500% 0.150% 2013 1.52% 1.680% 0.160% 1.680% 0.160% 1.680% 0.160% 1.52% 1.680% 0.160% 2014 1.81% 2.020% 0.210% 2.020% 0.210% 2.020% 0.210% 1.79% 2.000% 0.210% 2015 2% 2.220% 0.220% 2.220% 0.220% 2.220% 0.220% 1.98% 2.200% 0.220% 2016 2.18% 2.380% 0.200% 2.380% 0.200% 2.380% 0.200% 2.20% 2.400% 0.200% 2017 2.39% 2.600% 0.210% 2.600% 0.210% 2.600% 0.210% 2.44% 2.650% 0.210% 2018 2.63% 2.850% 0.220% 2.850% 0.220% 2.850% 0.220% 2.68% 2019 2.88% 3.110% 0.230% 3.110% 0.230% 3.110% 0.230% 2.94% 2020 3.13% 3.360% 0.230% 3.360% 0.230% 3.22% 2021 3.41% 3.650% 0.240% 3.52% 2022 3.59% 3.840% 0.250% 3.72% *MMD - Municipal Market Data, benchmarking service used by the financial industry that shows average yields for a specific day. MMD prepares yield curves for different credit quotations and types of issues. The MA MMD used here is for the highest quality credit. BBl25-bond (Revenue) and 20-bond (G.O.) Rates for 5 Years Ending February 12, 2009 6.6% 6.4% 6.2% 6.0010 5.8% 5.6% I 5.4% - ~ 5.2% 5.0% 4.8% 4.6% 4.4% 4.2% 4.0% fi H -: i:1 -: ~... '., ~. :.-:{.~.,/ .....t: -'..: .... ~{ ~ -88125 Bord ..nn. 88120 Bord ~ cb' _d< ~ ~~ _(:)~ ~ ~fO _(:}fO ~ ~ _~ ~ ~ ~tb ~ '!>."~- ~,,~ _\,,<1;- _\,,~ ~,,~ _\,,<1;- _\,,~ ~,,~ _\,,<1;- _\,,~ ~,,~ _\,,<1;- _\,,~ ~,,~ _\,,'1) '!>."~ 'I) <0 ,,~ 'V <0 ,,~ 'V <0 ,,~ 'V <0 ,,~ 'V <0 ,,~ 'I) Dates I Final 1 $1,005,000 City of Stillwater, Minnesota General Obligation Capital Outlay Refunding Bonds, Series 2009B Current Refunding of Series 19988 Debt Service Comparison Date Total P+I Escrow Net New D/S Old Net D/S Savings 02/01/2010 131,358.47 (720.46) 130,638.01 146,725.00 16,086.99 02101/2011 134,800.00 - 134,800.00 147,275.00 12,475.00 02/01/2012 132,050.00 - 132,050.00 147,602.50 15,552.50 02/01/2013 134,300.00 - 134,300.00 147,707.50 13,407.50 02/01/2014 131,425.00 - 131,425.00 147,590.00 16,165.00 02101/2015 98,550.00 - 98,550.00 112,250.00 13,700.00 02101/2016 96,425.00 - 96,425.00 113,245.00 16,820.00 02101/2017 98,875.00 - 98,875.00 114,017.50 15,142.50 02101/2018 101,175.00 - 101,175.00 114,567.50 13,392.50 02101/2019 98,325.00 - 98,325.00 114,895.00 16,570.00 Total $1,157,283.47 (720.46) $1,156,563.01 $1,305,875.00 $149,311.99 PV Analysis Summary (Net to Net) Net FV Cashflow Savings...... ........ ......... ........... .......... ................................ .......................................................... Gross PV Debt Service Savings... ........................ .................................... ..................... ............................... ......... PV of Escrow Earnings.................................................................. ........................................... ...... Net PV Cashflow Savings @ 2.701 %(Bond yield)................................................................................................ Accrued Interest Credit to Debt Service Fund........................................................................................................ Transfers from Prior Issue Debt Service Fund....................................................................................................... Contingency or Rounding Amount........... ........... ................................... ..... ........ ............................................... .... Net Future Value Benefit...... ........ ................. ........ ................ ................. ........ ......... .................... .......... ................ Net Present Value Benefit....................... .......... ............. ........ .................. .......... ........... .............................. ........... Net PV Benefit / $232,376.02 PV Refunded Interest.............................................................................................. Net PV Benefit / $1,143,305.17 PV Refunded Debt Service.................................................................................. Net PV Benefit / $1,050,000 Refunded Principal................................................................................................... Net PV Benefit / $1,005,000 Refunding Principal.................................................................................................. Refunding Bond Information 149,311.99 129,370.64 717.83 130,088.47 837.99 (60,000.00) 3,480.09 $93,630.07 $74,406.55 32.020% 6.508% 7.086% 7.404% Refunding Dated Date....................................... .................................................................................................... 2/15/2009 Refunding Delivery Date... ............ .......... ............. ................... ............................................................................... 2/26/2009 Series 2009BD BJellded Vie / Series2009BRef98B / 2//7/2009 / J2:/3PM Springsted Final $1,420,000 City of Stillwater, Minnesota General Obligation Sports Facilities Revenue Refunding Bonds, Series 2009C Crossover Refunding of Series 20000 Debt Service Comparison Date Total P+I Escrow Existing DIS Net New DIS Old Net DIS Savings 06/01/2009 - - 138,078.75 138,078.75 138,078.75 - 06/01/2010 52,910.42 (1,432,910.42) 1,561,407.50 181,407.50 181,407.50 - 06/01/2011 165,875.00 - - 165,875.00 181,307.50 15,432.50 06/01/2012 167,750.00 - - 167,750.00 185,900.00 18,150.00 06/01/2013 169,500.00 - - 169,500.00 184,862.50 15,362.50 06/01/2014 166,125.00 - - 166,125.00 183,382.50 17,257.50 06/01/2015 162,750.00 - - 162,750.00 181,632.50 18,882.50 06/01/2016 169,375.00 - - 169,375.00 184,482.50 15,107.50 06/01/2017 170,025.00 - - 170,025.00 186,782.50 16,757.50 06/01/2018 165,525.00 - - 165,525.00 183,307.50 17,782.50 06/01/2019 166,025.00 - - 166,025.00 184,550.00 18,525.00 06/01/2020 165,600.00 - - 165,600.00 185,062.50 19,462.50 Total $1,721,460.42 (1,432,910.42) $1,699,486.25 $1,988,036.25 $2,160,756.25 $172,720.00 PV Analysis Summary (Net to Net) Net FV Cashflow Savings... ..... .... ... ................. .................. ...... ..... ................................................ .................................. Gross PV Debt Service Savings......... .......... ...... ......... ..... ................................... ......................... ..................... ..... ........ 172,720.00 146,179.38 Net PV Cashflow Savings @ 2.596%(Bond yield)......................................................................................................... 146,179.38 Contingency or Rounding Amount................................................................................................ .......................... ........ 421.38 Net Future Value Benefit.............................. ....................................................................................... .................... ........ $173,141.38 Net Present Value Benefit.................................. .................. ......................................... ...... ....................... ....... .............. $146,600.76 Net PV Benefit / $404,188.36 PV Refunded Interest....................................................................................................... Net PV Benefit 1 $1,553,013.76 PV Refunded Debt Service........................................................................................... Net PV Benefit 1 $1,380,000 Refunded Principal............................................................................................................ Net PV Benefit 1 $1,420,000 Refunding Principal........................................................................................................... 36.270% 9.440% 10.623% 10.324% Refunding Bond Information Refunding Dated Date............................ ................. .......................................... ..... ............. .............................. ............. Refunding Delivery Date........................................................................................................................... ...................... 2/15/2009 2/26/2009 Scries2009CRe!00DPOST / SINGLEPURPOSE /2/17/2009/ IZ:1l PM pringsted Final $4,095,000 City of Stillwater, Minnesota General Obligation Capital Outlay Refunding Bonds, Series 20090 Crossover Refunding of Series 2002A 1 Debt Service Comparison Date Total P+I Escrow Existing D/S Net New D/S Old Net D/S Savings 02/01/2010 118,060.49 (4,143,060.49) 4,787,957.50 762,957.50 762,957.50 - 02/01/2011 727,837.50 - - 727,837.50 750,202.50 22,365.00 02/01/2012 719,687.50 - - 719,687.50 746,472.50 26,785.00 02/01/2013 399,312.50 - - 399,312.50 421,317.50 22,005.00 02/01/2014 381,562.50 - - 381,562.50 408,492.50 26,930.00 02/01/2015 374,062.50 - - 374,062.50 395,667.50 21,605.00 02/01/2016 356,562.50 - - 356,562.50 382,415.00 25,852.50 02/01/2017 342,862.50 - - 342,862.50 369,162.50 26,300.00 02/01/2018 329,312.50 - - 329,312.50 355,625.00 26,312.50 02/01/2019 320,912.50 - - 320,912.50 347,087.50 26,175.00 02/01/2020 311,112.50 - - 311,112.50 333,022.50 21,910.00 02/01/2021 296,312.50 - - 296,312.50 318,957.50 22,645.00 02/01/2022 286,000.00 - - 286,000.00 309,602.50 23,602.50 Total $4,963,597.99 (4,143,060.49) $4,787,957.50 $5,608,495.00 $5,900,982.50 $292,487.50 PV Analysis Summary (Net to Net) Net FV Cashflow Savings........... .................................................................................................................................... Gross PV Debt Service Savings........... ............................................................................................................. ...... ....... 292,487.50 242,902.05 Net PV Cashflow Savings @ 2.701 %(Bond yield)......................................................................................................... 242,902.05 Contingency or Rounding Amount.. ...... .................... ..................... .............................. ................................ ........ ........... 4,008.24 Net Future Value Benefit........ .............. ........................ .................... ....................... ............................................. ........... $296,495.74 Net Present Value Benefit....... ............. ......... ....... .................................................................................................... ....... $246,910.29 Net PV Benefit / $968,547.43 PV Refunded InteresL.................................................................................................... Net PV Benefit / $4,343,947.14 PV Refunded Debt Service........................................................................................... Net PV Benefit / $4,025,000 Refunded Principal............................................................................................................ Net PV Benefit / $4,095,000 Refunding Principal........................................................................................................... 25.493% 5.684% 6.134% 6.030% Refunding Bond Information Refunding Dated Date.......................................................................................................................... .......................... Refunding Delivery Date........................................................................................................................... ...................... 2/15/2009 2/26/2009 Scries2009BDBJendedYie / Series2009DRef02A /2/17/2009/ 12:16PM Springsted Final $1,005,000 City of Stillwater, Minnesota General Obligation Capital Outlay Refunding Bonds, Series 2009B Current Refunding of Series 1998B Debt Service Schedule Date Principal Coupon Interest Total P+I 02/01/2010 105,000.00 2.500% 26,358.47 131,358.47 02/01/2011 110,000.00 2.500% 24,800.00 134,800.00 02/01/2012 110,000.00 2.500% 22,050.00 132,050.00 02/01/2013 115,000.00 2.500% 19,300.00 134,300.00 02/01/2014 115,000.00 2.500% 16,425.00 131,425.00 02/01/2015 85,000.00 2.500% 13,550.00 98,550.00 02/01/2016 85,000.00 3.000% 11,425.00 96,425.00 02/01/2017 90,000.00 3.000% 8,875.00 98,875.00 02/01/2018 95,000.00 3.000% 6,175.00 101,175.00 02/01/2019 95,000.00 3.500% 3,325.00 98,325.00 Total $1,005,000.00 - $152,283.47 $1,157,283.47 Yield Statistics Accrued Interest from 02/15/2009 to 02/26/2009.. ...... ...... .... ........ ...... ............ .... .................. .... ..... .... ....... .... ........... .......... Bond Year Dollars............. ...... ... .......... ..... .... ... .... .... ...... ...... ..... ........... ..... ........ ................... ...... ....... ....... ......... .... ........ .... Average Life........................................................................................................................... ........................................... Average Coupon........................................................................................................................ ... .................................... 837.99 $5,250.21 5.224 Years 2.9005225% Net Interest Cost (NIC)......... ......... ...... .......... ................ ................ .... ....... ... ........ ...... .... ...... .............. ... ..... ...... ....... ... ... ..... True Interest Cost (TiC).... .... ...... .... ..... .......... .... ... ...... .............. ......... .......... .... .... ...... .... ...... ..... ..... .... ..... ..... ......... ..... ... .... Bond Yield for Arbitrage Purposes... ... ........... ....... .......... ...... .... .... ..... ..... ....................... ... ........ .... ...... ..... ...... ...... ......... .... All Inclusive Cost (AIC)..... ............ ..... ........ ....... ........ .... ... .... ........ ..................... ....... ..... ............. ... ....... ............... .......... .... 2.5686918% 2.5086385% 2.7007002% 2.9097720% IRS Form 8038 Net I nterest Cost........................................................................................................................... .................................... Weighted Average Maturity...................................................................................................................... ......................... 2.3439505% 5.228 Years Serie.52009BDBlendcd Yie / Serie.52009BRef98B / 2/17/2009 / 12:13PM g sted Final $1,420,000 City of Stillwater, Minnesota General Obligation Sports Facilities Revenue Refunding Bonds, Series 2009C Crossover Refunding of Series 2000D Debt Service Schedule Date Principal Coupon Interest Total P+I 06/01/2009 - - - - 06/01/2010 - - 52,910.42 52,910.42 06/01/2011 125,000.00 2.500% 40,875.00 165,875.00 06/01/2012 130,000.00 2.500% 37,750.00 167,750.00 06/01/2013 135,000.00 2.500% 34,500.00 169,500.00 06/01/2014 135,000.00 2.500% 31,125.00 166,125.00 06/01/2015 135,000.00 2.500% 27,750.00 162,750.00 06/01/2016 145,000.00 3.000% 24,375.00 169,375.00 06/01/2017 150,000.00 3.000% 20,025.00 170,025.00 06/01/2018 150,000.00 3.000% 15,525.00 165,525.00 06/01/2019 155,000.00 3.500% 11,025.00 166,025.00 06/01/2020 160,000.00 3.500% 5,600.00 165,600.00 Total $1,420,000.00 - $301,460.42 $1,721,460.42 Yield Statistics Accrued Interest from 02/15/2009 to 02/26/2009............................................................................................................... Bond Year Dollars....... .................................... ................ .......... ..................................... ............ ............... ........................ Average Life.............................................................................................................................. ........................................ Average Coupon.......................................................................................................................... ..................................... 1,248.96 $9,914.72 6.982 Years 3.0405332% Net Interest Cost (NIC)...................... ............. .......................... ...................................... ....... ....................................... ..... True Interest Cost (TIC).................................. .................. ............................ ......... .................. .................... ........... .......... Bond Yield for Arbitrage Purposes........................ ............ .................................... ............. ............................................... All Inclusive Cost (AIC).............. ................................ ....... ........ ............................... ......................................................... 2.8049068% 2.7495103% 2.5961710% 3.0084999% IRS Form 8038 Net Interest Cost.................................................. .................................................. ....... .......................................... .......... Weighted Average Maturity............................. ...................... ....... .................................. ................................................... 2.5884480% 6.973 Years Series2009CRefOODFOST / SINGLEFURFOSE /2/17/2009/ 12:11 FM Spring ed Final $4,095,000 City of Stillwater, Minnesota General Obligation Capital Outlay Refunding Bonds, Series 2009D Crossover Refunding of Series 2002A Debt Service Schedule Date Principal Coupon Interest Total P+I 02/01/2010 - - 118,060.49 118,060.49 02/01/2011 605,000.00 3.000% 122,837.50 727,837.50 02/01/2012 615,000.00 2.500% 104,687.50 719,687.50 02/01/2013 310,000.00 2.500% 89,312.50 399,312.50 02/01/2014 300,000.00 2.500% 81,562.50 381,562.50 02/01/2015 300,000.00 2.500% 74,062.50 374,062.50 02/01/2016 290,000.00 3.000% 66,562.50 356,562.50 02/01/2017 285,000.00 3.000% 57,862.50 342,862.50 02/01/2018 280,000.00 3.000% 49,312.50 329,312.50 02/01/2019 280,000.00 3.500% 40,912.50 320,912.50 02/01/2020 280,000.00 3.500% 31,112.50 311,112.50 02/01/2021 275,000.00 3.750% 21,312.50 296,312.50 02/01/2022 275,000.00 4.000% 11,000.00 286,000.00 Total $4,095,000.00 - $868,597.99 $4,963,597.99 Yield Statistics Accrued Interest from 02/15/2009 to 02/26/2009............................................................................................................... Bond Year Dollars......................................................................................................................... .................................... Average Life............................................................................................................................. ......................................... Average Coupon......................................................................................................................... ...................................... 3,753.37 $26,895.63 6.568 Years 3.2295141% Net Interest Cost (NIC)............. .......... ................ .......... ...................................... ........ ................................. ...................... True Interest Cost (TiC)....................... .................. ................. ..... ............................................................ ......................... Bond Yield for Arbitrage Purposes...... ........ ........ ........ ..... .......... ..... ...... .... ........... ........... ... ................. ....... ..... ........ ..... ..... All Inclusive Cost (AIC)................... ..... ............................ ................ ............................. .................................. .................. 3.0011312% 2.9306699% 2.7007002% 3.0750076% IRS Form 8038 Net I nterest Cost........................................................................................................................... .................................... Weig hted Average Maturity...................................................................................................................... ......................... 2.7841049% 6.545 Years Series2009BDBJelldedYie / Series2009DRef02A /2//7/2009/ J2:/6PM sted EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF STILL WATER, MINNESOTA HELD: February 17,2009 Pursuant to due call, a regular or special meeting of the City Council of the City of Stillwater, Washington County, Minnesota, was duly held at the City Hall on February 17,2009, at 7:00 P.M, for the purpose, in part, of considering proposals and awarding the sale of $1,035,000 General Obligation Capital Outlay Refunding Bonds, Series 2009B. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION 2009- RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,035,000 GENERAL OBLIGATION CAPITAL OUTLAY REFUNDING BONDS, SERIES 2009B AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City of Stillwater, Minnesota (the "City"), hereby determines and declares that it is necessary and expedient to provide moneys for a current refunding of the City's $2,500,000 original principal amount of General Obligation Capital Outlay Bonds, Series 1998B dated December 1,1998 (the "Prior Bonds") which mature on and after February 1,2010; and B. WHEREAS, $1,050,000 principal amount ofthe Prior Bonds which mature on and after February 1,2010, are callable on April 15, 2009, at a price of par' plus accrued interest, as provided in the Resolution of the City Council, adopted on November 24, 1998, authorizing the issuance of the Prior Bonds (the "Prior Resolution"); and C. WHEREAS, the refunding on April 15, 2009, of the Prior Bonds maturing on and after February 1,2010 (the "Refunded Bonds"), is consistent with covenants made with the holders thereof, and is necessary and desirable for the reduction of debt service cost to the City; and D. WHEREAS, the City Council hereby determines and declares that it is necessary and expedient to issue $1,035,000 General Obligation Capital Outlay Refunding Bonds, Series 2009B, pursuant to Minnesota Statutes, Chapter 475, to provide moneys for a current refunding of the Refunded Bonds; and E. WHEREAS, the City has retained Springsted Incorporated, in St. Paul, Minnesota ("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 a proposal to purchase the Bonds has been solicited by Springsted; and 2298515vl F. WHEREAS, it is in the best interests ofthe City that the Bonds be issued in book- entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Stillwater, Minnesota, as follows: 1. Acceptance of Offer. The offer of Northland Securities, Inc. (the "Purchaser"), to purchase the Bonds in accordance with the terms and at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby accepted. 2. Bond Terms. (a) Original Issue Date: Denominations: Maturities. The Bonds shall be dated February 15, 2009, as the date of original issue and shall be issued forthwith on or after such date in fully registered form. The Bonds shall be numbered from R-l upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations"). The Bonds shall mature on February 1 in the years and amounts as follows: Year Amount Year Amount 2010 2015 2011 2016 2012 2017 2013 2018 2014 2019 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 of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO, as the nominee (it or any nominee ofthe existing or a successor Depository, the "Nominee"). 2298515vl 2 (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nomi,nee 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 2298515vl 3 therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any 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 fifteen 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 agencylbond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book-Entry Only System. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) (ii) 2298515vl 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. 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 4 registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. 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 (d) 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 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 for a current refunding of the Refunded Bonds (the "Refunding"). It is hereby found, determined and declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67, and shall result in a reduction of debt service cost to the City. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1,2010, 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 2018 2019 5. No Redemption. The Bonds are not subject to redemption and prepayment prior to their stated 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: 2298515vl 5 UNITED STATES OF AMERICA STATE OF MINNESOTA WASHINGTON COUNTY CITY OF STILL WATER R- $ GENERAL OBLIGATION CAPITAL OUTLAY REFUNDING BOND, SERIES 2009B 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, without option of prepayment, 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 February 1,2010, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, 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 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 (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 2298515vl 6 Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. No Redemption. The Bonds of this issue (the "Bonds") are not subject to redemption and prepayment prior to their stated maturity dates. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of$1,035,000, all oflike 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 of the State of Minnesota, the Issuer's Charter and pursuant to a resolution adopted by the City Council of the Issuer on February 17,2009 (the "Resolution"), for the purpose of providing funds for a current refunding ofthe Issuer's General Obligation Capital Outlay Bonds, Series 1998B, dated December 1, 1998, which mature on and after February 1,2010. This Bond is payable out of the General Obligation Capital Outlay Refunding Bonds, Series 2009B Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. 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 ofthe 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 the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (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. 2298515vl 7 Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exempt Obligations. The Bonds have been designated by the Issuer as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the 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. Date of Registration: Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION CITY OF STILL WATER, WASHINGTON COUNTY, MINNESOTA This Bond is one of the Bonds described in the Resolution mentioned within. /s/ Facsimile Mayor U.S. BANK NATIONAL ASSOCIATION, St. Paul, Minnesota, Bond Registrar /s/ Facsimile Clerk By: Authorized Signature 2298515vl 8 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 (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one ofthe 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. ) 2298515vl 9 8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and City Clerk and be sealed with the seal of the 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 ifthe 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 of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue 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 of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever 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. 2298515vl 10 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 his, her or its attorney duly authorized in writing The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Administrator 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 ofthe 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. For the convenience and proper administration of the moneys to be borrowed and repaid on the Bonds, and to make adequate and specific security to the Purchaser and holders from time to time of the Bonds, there is hereby created a special fund to be designated the "General Obligation Capital Outlay Refunding Bonds,' Series 2009B Fund" 2298515vl 11 (the "Fund") to be administered and maintained by the Administrator/Treasurer as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon shall have been fully paid. There shall be maintained and created in the fund the "Payment Account" and a "Debt Service Account". (a) Payment Account. The proceeds of the Bonds, less accrued interest shall be deposited in the Payment Account. On or prior to April 15, 2009, the Administrator/Treasurer shall transfer $ of the proceeds of the Bonds from the Payment Account to the paying agent for the Prior Bonds, which sum is sufficient, together with other funds on deposit in debt service funds for the Refunded Bonds, to pay the principal and interest due on the Refunded Bonds due on April 15, 2009. The remainder of the monies in the Payment Account shall be used to pay the costs of issuance of the Bonds. Any monies remaining in the Payment Account after payment of all costs of issuance and payment of the Refunded Bonds 'shall be transferred to the Debt Service Account. (b) Debt Service Account. To the Debt Service Account there is hereby pledged and irrevocable appropriated and there shall be credited: (1) accrued interest; (2) any balance remaining after April 15, 2009, in the Prior Bonds Debt Service Account created by the Prior Resolution; (3) all investment earnings on funds in the Debt Service Account; (4) any taxes herein or hereafter levied for the payment of the Bonds; and (5) 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 amount of any surplus remaining in the Debt Service Account when the Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. No portion ofthe proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. 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 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: 2298515vl 12 Levy Years Collection Years Amount See Attached The tax levies are such that if collected in full they, together with estimated collections of special assessments 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. Upon payment of the Prior Bonds, the taxes levied in the Prior Resolution authorizing the issuance of the Prior Bonds for the years 2009 through 2018 shall be canceled. 17. 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 ofthe City shall be and are hereby irrevocably pledged. lfthe 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. 18. Prior Bonds: Security. Until retirement of the Prior Bonds, all provisions for the security thereof shall be observed by the City and all of its officers and agents. 19. Redemption of Refunded Bonds. The Refunded Bonds shall be redeemed and prepaid on April 15, 2009, in accordance with the terms and conditions set forth in the Notice of Call for Redemption attached hereto as Exhibit A, which terms and conditions are hereby approved and incorporated herein by reference. 20. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond 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, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 2298515vl 13 21. Certificate of Registration. The Administrator 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 of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 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 improvements refinanced by the Prior Bonds (the "Project"), or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 24. Tax-Exempt Status of the Bonds: Rebate. The City is subject to the rebate requirement imposed by Section 148(f) of the Code. The City shall pay to the United States rebates of excess investment earnings in amounts at least equal to the amounts, and at times no later than the times, required by Section 148(f) of the Code and any regulations promulgated pursuant thereto. The City will purchase investments at fair market value as defined in Section 1. 148-5(d)(6). The City shall make a determination ofthe yield on the Bonds and the yield on investments within sixty days after the end of each fifth bond year and finally within sixty days of the final payment or redemption of the Bonds, and shall maintain records thereof until six years after the retirement of the last of the Bonds. If regulations permit the City to comply with the rebate requirement in a different manner, the City may do so. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, includIng without limitation (a) requirements relating to temporary periods for investments, (b) limitations on amounts invested at a yield greater than the yield on the Bonds, and (c) the rebate of excess investment earnings to the United States. 25. Designation of Qualified 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; 2298515vl 14 (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; ( 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; and (t) the aggregate face amount of the Bonds does not exceed $10,000,000. Furthermore: (g) each of the Refunded Bonds was designated as a "qualified tax exempt obligation" for purposes of Section 265(b)(3) of the Code; (h) the aggregate face amount of the Bonds does not exceed $10,000,000; (i) the average maturity of the Bonds does not exceed the remaining average maturity of the Refunded Bonds; (j) no part of the Bonds has a maturity date which is later than the date which is thirty years after the date the RefundedBonds were issued; and (k) the Bonds are issued to refund, and not to "advance refund" the Prior Bonds within the meaning of Section 149( d)( 5) of the Code, and shall not be taken into account under the $10,000,000 issuance limit to the extent the Bonds do not exceed the outstanding amount of the Prior Bonds. 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. 26. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository ("SID"), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. 2298515vl 15 (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 Issuer 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 ofthe 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 City Clerk of the 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 of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 27. Supplemental Resolution. The Prior Resolutions authorizing the issuance of the Prior Bonds are hereby supplemented to the extent necessary to give effect to the provisions hereof. 28. 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. 29. 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 17,2009. Approved: Mayor Attest: City Clerk 2298515vl 16 STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF STILL WATER I, the undersigned, being the duly qualified 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 of the City, duly called and held on the date therein indicated, insofar as such minutes relate to considering proposals and awarding the sale of$I,035,000 General Obligation Capital Outlay Refunding Bonds, Series 2009B. WITNESS my hand on February _,2009. City Clerk 2298515vl 17 EXHIBIT A NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 1998B CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that by order ofthe City Council ofthe City of Stillwater, Washington County, Minnesota, there have been called for redemption and prepayment on April 15, 2009 those outstanding bonds of the City designated as General Obligation Capital Outlay Bonds, Series 1998B, dated as of December 1, 1998, having stated maturity dates in the years 2010 through 2019, inclusive, and totaling $1,050,000 in principal in principal amount and having CUSIP numbers listed below: Year CUSIP Year CUSIP 2010 2015 2011 2016 2012 2017 2013 2018 2014 2019 The bonds are being called at a price of par plus accrued interest to April 15, 2009, on which date all interest on the bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment, at U.S. Bank National Association, Attention: Paying Agent Services, 60 Livingston Avenue, St. Paul, Minnesota 55107. Dated: February 17,2009 BY ORDER OF THE CITY COUNCIL Isl . City Clerk *The City shall not be responsible for the selection of or use of the CUSIP numbers, nor is any representation made as to their correctness indicated in the notice. They are included solely for the convenience of the holders. 2298515vl A-I EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF STILL WATER, MINNESOTA HELD: February 17,2009 Pursuant to due call, a regular meeting of the City Council of the City of Stillwater, Washington County, Minnesota, was duly called and held at the City Hall on February 17,2009, at 7:00 P.M., for the purpose, in part, of authorizing the issuance and awarding the sale of $4,175,000 General Obligation Capital Outlay Refunding Bonds, Series 2009D. The following members were present: and the following were absent: The City Council then proceeded to consider and discuss the proposals, after which member introduced the following resolution and moved its adoption: RESOLUTION NO. 2009- RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $4,175,000 GENERAL OBLIGATION CAPITAL OUTLAY REFUNDING BONDS, SERIES 2009D, AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Stillwater, Minnesota (the "City"), hereby determines and declares that it is necessary and expedient to provide moneys for a crossover refunding of the City's $7,840,000 original principal amount of General Obligation Capital Outlay Bonds, Series 2002A, dated February 1, 2002 (the "Prior Bonds"), which mature on and after February 1,2011; and B. WHEREAS, $4,025,000 of the principal amount of the Prior Bonds which mature on and after February 1,2011, are callable on February 1,2010, at a price of par plus accrued interest, as provided in the Resolution of the City Council, adopted on January 15,2002 (the "Prior Resolution"), authorizing the issuance of the Prior Bonds to finance capital outlay purchases for various departments of the City; and C. WHEREAS, the refunding of the Prior Bonds maturing on and after February 1, 2011 (the "Refunded Bonds"), is consistent with covenants made with the holders thereof, and is necessary and desirable for the reduction of debt service cost to the City; and D. WHEREAS, the City Council has heretofore determined and declared that it is necessary and expedient to issue General Obligation Capital Outlay Refunding Bonds, Series 2009D of the City in the amount of$4,175,000 (the "Bonds" or individually, a "Bond"), pursuant 2298045vl to Minnesota Statutes, Chapter 475, to provide moneys for a crossover refunding of the Refunded Bonds; and E. WHEREAS, the City has retained Springsted Incorporated, in St. Paul, Minnesota ("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 a proposal to purchase the Bonds has been solicited by Springsted; and F. WHEREAS, it is in the best interests of the City that the Bonds be issued in book- entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, as follows: 1. Acceptance of Offer. The offer of Northland Securities, Inc. (the "Purchaser"), to purchase the Bonds in accordance with Terms of Proposal, and at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby accepted. 2. Bond Terms. (a) Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall dated February 15, 2009, as the date of original issue, shall be issued forthwith on or after such date in fully registered form, shall 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 2011 $ 2017 $ 2012 2018 2013 2019 2014 2020 2015 2021 2016 2022 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 of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: 2 2298045vl (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 ofthe Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records ofthe 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 ofthe existing Nominee, and subject to the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall refer to such new Nominee.I 3 2298045vl (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any 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 agencylbond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5 hereof, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book-Entry Only System. Discontinuance of a particular Depository's services and termination ofthe book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as 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. 4 2298045vl (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 10 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose: Refunding Findings. The Bonds shall provide funds for a crossover refunding of the Refunded Bonds (the "Refunding"). It is hereby found, determined and declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67, Subdivision 13, and as of the crossover date of the Bonds, shall result in a reduction of the present value of the dollar amount of the debt service to the City from a total dollar amount of $ for the Prior Bonds to a total dollar amount of $ for the Bonds, computed in accordance with the provisions of Minnesota Statutes, Section 475.67, Subdivision 12, and accordingly the dollar amount of such present value of the debt service for the Bonds is lower by at least three percent (3.00%) than the dollar amount of such present value of the debt service for the Prior Bonds as required in said Subdivision 12. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 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 2011 2012 2013 2014 2015 2016 % 2017 % 2018 2019 2020 2021 2022 5. Redemption. All Bonds maturing on February 1,2020, and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1,2019, and on any 5 2298045vl date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the selection of the amounts and maturities of the Bonds to be prepaid shall be at the discretion of the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty days prior to the date fixed for redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amounf of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. U. S. Bank National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 6 2298045vl UNITED STATES OF AMERICA STATE OF MINNESOTA WASHINGTON COUNTY CITY OF STILL WATER R- $ GENERAL OBLIGATION CAPITAL OUTLAY REFUNDING BOND, SERIES 2009D MATURITY DATE DATE OF ORIGINAL ISSUE FEBRUARY 15,2009 CUSIP INTEREST RATE % FEBRUARY 1, REGISTERED OWNER: PRINCIPAL AMOUNT: THE CITY OF STILL WATER, WASHINGTON COUNTY, MINNESOTA (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for prior redemption, 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 of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, 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 ofU. 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 ofthe 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 7 2298045vl 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 of the Depository or its Nominee. Redemption. All Bonds of this issue (the "Bonds") maturing on February 1,2020, and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2019, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part ofthe Bonds subject to prepayment. If redemption is in part, the selection of the amounts and maturities of the Bonds to be prepaid shall be at the discretion of the Issuer, and if only part of the Bonds having a common maturity date are called for prepa.'yment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least thirty (30) days prior to the date fixed for redemption. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $4,175,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, the Issuer's charter, and pursuant to a resolution adopted by the City Council on February 17,2009 (the "Resolution"), for the purpose of providing funds sufficient for a crossover refunding on February 1,2010, of the Issuer's General Obligation Capital Outlay Bond, Series 2002A, dated February 1,2002, which mature on and after February 1,2011. This Bond is payable out of the Escrow Account and the Debt Service Account of the Issuer's General Obligation Capital Outlay Refunding Bonds, Series 2009D Fund. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, ifany, and interest when the same 8 2298045vl become due, the full faith and credit and taxing powers of the 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 ofthe Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the 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 ofthe 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 9 2298045vl Mayor and its City Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: U. S. BANK NATIONAL ASSOCIATION Payable at: U. S. BANK NATIONAL ASSOCIATION BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA u. S. BANK NATIONAL ASSOCIATION St. Paul, Minnesota Bond Registrar Mayor City Clerk By Authorized Signature 10 2298045vl ABBREVIA nONS The following abbreviations, when used in the inscription on the face ofthis Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) under the (Minor) Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 11 2298045vl PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: DATE 2298045vl AMOUNT 12 AUTHORIZED SIGNATURE OF HOLDER 8. Execution: Temporary Bonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and City Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopies) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such"signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as ifhe or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and City Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and canceled. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is 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 of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office ofthe Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond 13 2298045vl Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The 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 carryall 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 (subj ect 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 2298045vl 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 Refunding Bonds, Series 2009D Fund" (the "Fund") to be administered and maintained by the Administrator/Treasurer as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund the following separate accounts: (a) Escrow Account. The Escrow Account shall be maintained as an escrow account with U.S. Bank National Association (the "Escrow Agent"), in St. Paul, Minnesota, which is a suitable financial institution within or without the State whose deposits are insured by the Federal Deposit Insurance Corporation and whose combined capital and surplus is not less than $500,000. All proceeds of the sale of the Bonds shall be received by the Escrow Agent and applied to fund the Escrow Account and to pay costs of issuing the Bonds. Proceeds of the Bonds not used to pay costs of issuance and any Bond proceeds returned to the City are hereby pledged and appropriated to the Escrow Account together with all investment earnings. The Escrow Account shall be invested in securities maturing or callable at the option of the holder on such dates and bearing interest at such rates as shall be required to provide sufficient funds, together with any cash or other funds retained in the Escrow Account, (i) to pay when due the interest to accrue on the Bonds to and including February 1,2010; and (ii) to pay when called for redemption on February 1,2010, the principal amount of the Refunded Bonds. The Escrow Account shall be irrevocably appropriated to the payment of (i) all interest on the Bonds to and including February 1,2010, and (ii) the principal of the Refunded Bonds due by reason of their call for redemption on February 1,2010. The moneys in the Escrow Account shall be used solely for the purposes herein set forth and for no other purpose, except that any surplus in the Escrow Account may be remitted to the City, all in accordance with an agreement (the "Escrow Agreement") by and between the City and Escrow Agent, a form of which agreement is on file in the office of the City Clerk. Any moneys remitted to the City pursuant to the Escrow Agreement shall be deposited in the Debt Service Account. (b) Debt Service Account. To the Debt Service Account there is hereby pledged and irrevocably appropriated and there shall be credited: (i) any collections of all taxes herein or hereafter levied for the payment of the Bonds; (ii) any collections of all taxes heretofore levied for the payment of the Prior Bonds and interest thereon which are not needed to pay the Prior Bonds as a result of the Refunding; (iii) any balance remitted to the City upon the termination of the Escrow Agreement; (iv) any balances remaining after February 1,2010, in the General Obligation Capital Outlay Bonds, Series 2002A Sinking Fund created by the Prior Resolution; (v) all investment earnings on funds 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 amount of any surplus remaining in the Debt Service Account when the Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. 15 2298045vl The moneys in the Debt Service Account shall be used solely to pay the principal of and interest on the Bonds or any other bonds hereafter issued and made payable from the Fund. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued, and (2) in addition to the above, in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Fund (or any other City account which will be used to pay principal and interest to become due on the Bonds) in excess of amounts which under the applicable federal arbitrage regulations may be invested without regard as to yield shall not be invested in excess of the applicable yield restrictions imposed by the 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 Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the federal Internal Revenue Code of 1986, as amended (the "Code"). 16. Prior Bonds: Security. Until retirement of the Prior Bonds, all provisions theretofore made for the security thereof shall be observed by the City and all of its officers and ~~. . 17. Tax Levy: Coverage Test: Cancellation of Certain Tax Levies. 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 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 See attached schedule The tax: levies are such that if collected in full they, together with sums held in the Escrow Account and other sums pledged to the Debt Service Account, 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. Upon payment of the Prior Bonds, the taxes levied in the Prior Resolution authorizing the issuance of the Prior Bonds in the years 2009 through 2020 shall be canceled. 18. 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 16 2298045vl 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 discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 19. General Obligation Pledge. For the prompt and full payment of the principal of 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 Escrow Account or Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds payable therefrom, the deficiency shall be promptly paid out of any other accounts of the City which are available for such purpose, and such other funds may be reimbursed without interest from the Escrow Account or Debt Service Account when a sufficient balance is available therein. 20. Securities: Escrow Agent. Securities purchased from moneys in the Escrow Account shall be limited to securities set forth in Minnesota Statutes, Section 475.67, Subdivision 8, and any amendments or supplements thereto. Securities purchased from the Escrow Account shall be purchased simultaneously with the delivery of the Bonds. The City Council has investigated the facts and hereby finds and determines that the Escrow Agent is a suitable financial institution to act as escrow agent. 21. Redemption of Prior Bonds. The Prior Bonds which mature on and after February 1,2011, shall be redeemed and prepaid on February 1,2010, in accordance with the terms and conditions set forth in the Notice of Call for Redemption, substantially in the form attached to the Escrow Agreement, which terms and conditions are hereby approved and incorporated herein by reference. The Notice of Call for Redemption shall be given pursuant to the Escrow Agreement. 22. Escrow Agreement. On or prior to the delivery of the Bonds the Mayor and Administrator shall, and are hereby authorized and directed to, execute on behalf of the City an Escrow Agreement. The Escrow Agreement is hereby approved and adopted and made a part of this resolution, and the City covenants that it will promptly enforce all provisions thereof in the event of default thereunder by the Escrow Agent. 23. Purchase of SLGS or Open Market Securities. Springsted Incorporated, as agent for the City Council, is hereby authorized and directed to purchase on behalf of the Council and 17 2298045vl in its name the appropriate United States Treasury Securities, State and Local Government Series and/or open market securities from Bond proceeds and, to the extent necessary, other available funds, all in accordance with the provisions of this resolution and the Escrow Agreement and to execute all such documents (including the appropriate subscription form) required to effect such purchase in accordance with the applicable U.S. Treasury Regulations. 24. Certificate of Registration. The City Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Washington County, Minnesota, together with such other information as the Auditor shall require, and to obtain the County Auditor's Certificate that the Bonds have been entered in the County Auditor's BondoRegister and that the tax levy required by law has been made. 25. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 26. Negative Covenant as to Use of Proceeds and Proiect. The City hereby covenants not to use the proceeds of the Bonds or to use the Project originally financed by the Prior Bonds, 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. 27. Tax-Exempt Status ofthe Bonds: Rebate. The City is subject to the rebate requirement imposed by Section 148(f) of the Code. The City shall pay to the United States rebates of excess investment earnings in amounts at least equal to the amounts, and at times no later than the times, required by Section 148(f) of the Code and any regulations promulgated pursuant thereto. The City will purchase investments at fair market value as defined in Section 1.148-5( d)( 6). The City shall make a determination ofthe yield on the Bonds and the yield on investments within sixty days after the end of each fifth bond year and finally within sixty days of the final payment or redemption of the Bonds, and shall maintain records thereof until six years after the retirement of the last of the Bonds. If regulations permit the City to comply with the rebate requirement in a different manner, the City may do so. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (a) requirements relating to temporary periods for investments, (b) limitations on amounts invested at a yield greater than the yield on the Bonds, and (c) the rebate of excess investment earnings to the United States. . 28. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) ofthe Code, the City hereby makes the following factual statements and representations: 18 2298045vl (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; (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; and (f) the aggregate face amount of the Bonds does not exceed $10,000,000. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 29. Supplemental Resolution. The Prior Resolution is hereby supplemented to the extent necessary to give effect to the provisions of this resolution. 30. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository ("SID"), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. (c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information with respect to the Issuer 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 19 2298045vl covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and City Clerk of the 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 of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 31. 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. 32. 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 17,2009. Approved: Mayor Attest: City Clerk 20 2298045vl STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF STILL WATER I, the undersigned, being the duly qualified and acting City Clerk of the City of Stillwater, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to accepting proposal on competitive negotiated sale of$4,175,000 General Obligation Capital Outlay Refunding Bonds, Series 2009D. WITNESS my hand on February _,2009. City Clerk 21 2298045vl EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA HELD: February 17,2009 Pursuant to due call, a regular meeting of the City Council of the City of Stillwater, Washington County, Minnesota, was duly held at the City Hall on February 17,2009, at 7:00 P.M., for the purpose, in part, of authorizing the issuance and awarding the sale of$I,455,000 General Obligation Sports Facilities Revenue Refunding Bonds, Series 2009C. The following members were present: and the following were absent: The City Council then proceeded to consider and discuss the proposals, after which member introduced the following resolution and moved its adoption: RESOLUTION NO. 2009- RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,455,000 GENERAL OBLIGATION SPORTS FACILITIES REVENUE REFUNDING BONDS, SERIES 2009C A. WHEREAS, the City Council ofthe City of Stillwater, Minnesota (the "City"), hereby determines and declares that it is necessary and expedient to provide moneys for a crossover refunding of the City's $2,135,000 original principal amount of General Obligation Sports Facilities Revenue Bonds, Series 2000D, dated April 1 , 2000 (the "Prior Bonds"), which mature on and after June 1, 2011; and B. WHEREAS, $1,380,000 of the principal amount ofthe Prior Bonds which mature on and after June 1, 2011, are callable on June 1, 2010, at a price of par plus accrued interest, as provided in the Resolution of the City Council, adopted on March 7,2000 (the "Prior Resolution"), authorizing the issuance of the Prior Bonds to finance the construction of a second indoor ice arena (the "Project") at the City's St. Croix Valley Recreation Center and improvements to the existing ice facility at Lily Lake, collectively, together with the existing ice arena at the St. Croix Valley Recreation Center, (the "Sports Facilities"); and C. WHEREAS, by resolution adopted February 15,2005, the City issued $2,715,000 original principal amount of General Obligation Sports Center Refunding Bonds, Series 2005C, dated March 1,2005 (the "Outstanding Series 2005C Bonds); and D. WHEREAS, the refunding ofthe Prior Bonds maturing on and after June 1,2011 (the "Refunded Bonds"), is consistent with covenants made with the holders thereof, and is necessary and desirable for the reduction of debt service cost to the City; and 2297591vl E. WHEREAS, the City Council has heretofore determined and declared that it is necessary and expedient to issue General Obligation Sports Facilities Revenue Refunding Bonds, Series 2009C, of the City in the amount of$I,455,000 (the "Bonds" or individually, a "Bond"), pursuant to Minnesota Statutes, Chapter 475, to provide moneys for a crossover refunding of the Refunded Bonds; and F. WHEREAS, the City has retained Springsted Incorporated, -in St. Paul, Minnesota ("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 a proposal to purchase the Bonds has been solicited by Springsted; and G. WHEREAS, it is in the best interests of the City that the Bonds be issued in book- entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, as follows: 1. Acceptance of Offer. The Offer ofNorthland Securities, Inc. (the "Purchaser"), to purchase the Bonds in accordance with the terms and at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby accepted. 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, shall be issued forthwith on or after such date in fully registered form, shall 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 June 1 in the years and amounts as follows: Year Amount Year Amount 2011 $ 2016 $ 2012 2017 2013 2018 2014 2019 2015 2020 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 of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: 2297591vl 2 (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records ofthe Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall refer to such new Nominee. 2297591vl 3 (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5 hereof, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book-Entry Only System. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as 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. 2297591vl 4 (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 10 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose; Refunding Findings. The Bonds shall provide funds for a crossover refunding of the Refunded Bonds (the "Refunding"). It is hereby found, determined and declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67, Subdivision 13, and as of the crossover date of the Bonds, shall result in a reduction of the present value of the dollar amount of the debt service to the City from a total dollar amount of $ for the Prior Bonds to a total dollar amount of $ for the Bonds, computed in accordance with the provisions of Minnesota Statutes, Section 475.67, Subdivision 12, and accordingly the dollar amount of such present value of the debt service for the Bonds is lower by at least three percent (3.00%) than the dollar amount of such present value of the debt service for the Prior Bonds as required in said Subdivision 12. 4. Interest. The Bonds shall bear interest payable semiannually on June 1 and December 1 of each year (each, an "Interest Payment Date"), commencing December 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 2011 2012 2013 2014 2015 % 2016 % 2017 2018 2019 2020 5. No Redemption. The Bonds are not subject to redemption and prepayment prior to their stated maturity dates. 2297591vl 5 6. Bond Registrar. U.S. Bank National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 2297591vl 6 UNITED STATES OF AMERICA STATE OF MINNESOTA WASHINGTON COUNTY CITY OF STILL WATER R- $ GENERAL OBLIGATION SPORTS CENTER REFUNDING BOND, SERIES 2009C % DATE OF ORIGINAL ISSUE FEBRUARY 15,2009 CUSIP MATURITY DATE JUNE 1, REGISTERED OWNER: CEDE & CO. INTEREST RATE PRINCIPAL AMOUNT: DOLLARS THE CITY OF STILL WATER, WASHINGTON COUNTY, MINNESOTA (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for prior redemption, and to pay interest thereon semiannually on June 1 and December 1 of each year (each, an "Interest Payment Date"), commencing December 1, 2009, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, 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 2297591vl 7 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 of the Depository or its Nominee. No Redemption. The Bonds of this issue (the "Bonds") are not subject to redemption and prepayment prior to their stated maturity dates. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of$1,455,000, all oflike 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 of the State of Minnesota, the Issuer's charter, and pursuant to a resolution adopted by the City Council on February 17,2009 (the "Resolution"), for the purpose of providing funds sufficient for a crossover refunding on June 1,2010, of the Issuer's General Obligation Sports Facilities Revenue Bond, Series 2000D, dated April 1 , 2000, which mature on and after June 1, 2011. This Bond is payable out of the Escrow Account and the Debt Service Account of the Issuer's General Obligation Sports Facilities Revenue Refunding Bonds, Series 2009C Fund. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. 2297591vl 8 Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the 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. 2297591vl 9 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 City Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA U.S. BANK NATIONAL ASSOCIATION St. Paul, Minnesota Bond Registrar Mayor By Authorized Signature City Clerk 2297591vl 10 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) under the (Minor) . Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 2297591vl 11 8. Execution; Temporary Bonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and City Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopies) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shan appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and City Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and canceled. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is 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 ofthe Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond 2297591vl 12 Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations ofthe 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. 2297591vl 13 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 Sports Facilities Revenue Refunding Bonds, Series 2009C Fund" (the "Fund") to be administered and maintained by the Administrator/Treasurer as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund the following separate accounts: (a) Escrow Account. The Escrow Account shall be maintained as an escrow account with U.S. Bank National Association (the "Escrow Agent"), in St. Paul, Minnesota, which is a suitable financial institution within or without the State whose deposits are insured by the Federal Deposit Insurance Corporation and whose combined capital and surplus is not less than $500,000. All proceeds of the sale of the Bonds shall be received by the Escrow Agent and applied to fund the Escrow Account and to pay costs of issuing the Bonds. Proceeds of the Bonds not used to pay costs of issuance and any Bond proceeds returned to the City are hereby pledged and appropriated to the Escrow Account, together with all investment earnings. The Escrow Account shall be invested in securities maturing or callable at the option of the holder on such dates and bearing interest at such rates as shall be required to provide sufficient funds, together with any cash or other funds retained in the Escrow Account, (i) to pay when due the interest to accrue on the Bonds to and including June 1,2010; and (ii) to pay when called for redemption on June 1,2010, the principal amount of the Refunded Bonds. The Escrow Account shall be irrevocably appropriated to the payment of (i) all interest on the Bonds to and including June 1, 2010, and (ii) the principal of the Refunded Bonds due by reason of their call for redemption on June 1,2010. The moneys in the Escrow Account shall be used solely for the purposes herein set forth and for no other purpose, except that any surplus in the Escrow Account may be remitted to the City, all in accordance with an agreement (the "Escrow Agreement") by and between the City and Escrow Agent, a form of which agreement is on file in the office of the City Clerk. Any moneys remitted to the City pursuant to of the Escrow Agreement shall be deposited in the Debt Service Account. (b) Debt Service Account. To the Debt Service Account there is hereby pledged and irrevocably appropriated and there shall be credited: (i) any collections of all taxes hereafter levied for the payment of the Bonds; (ii) any balance remitted to the City upon the termination of the Escrow Agreement; (iii) any balances remaining after June 1,2010, in the General Obligation Sports Facilities Revenue Bonds, Series 2000D Bond Fund created by the Prior Resolution; (iv) all investment earnings on funds in the Debt Service Account; (v) net revenues derived from the operation of the Sports Facilities, if any, that remain after paying debt service on the Outstanding Series 2005C Bonds; (vi) any tax increments collected with respect to Tax Increment Financing District No.4; and (vii) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The amount of any surplus remaining in the Debt Service Account when the Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. 2297591vl 14 The moneys in the Debt Service Account shall be used solely to pay the principal of and interest on the Bonds or any other bonds hereafter issued and made payable from the Fund. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued, and (2) in addition to the above, in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Fund (or any other City account which will be used to pay principal and interest to become due on the Bonds) in excess of amounts which under the applicable federal arbitrage regulations may be invested without regard as to yield shall not be invested in excess of the applicable yield restrictions imposed by the 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 Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the federal Internal Revenue Code of 1986, as amended (the "Code"). 16. Prior Bonds; Security. Until retirement of the Prior Bonds, all provisions theretofore made for the security thereof shall be observed by the City and all of its officers and agents. 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 discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 18. General Obligation Pledge. For the prompt and full payment of the principal of 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 Escrow Account or Debt Service Account is ever insufficient to pay all principal and interest then due on 2297591vl 15 the Bonds payable therefrom, the deficiency shall be promptly paid out of any other accounts of the City which are available for such purpose, and such other funds may be reimbursed without interest from the Escrow Account or Debt Service Account when a sufficient balance is available therein. 19. Securities; Escrow Agent. Securities purchased from moneys in the Escrow Account shall be limited to securities set forth in Minnesota Statutes, Section 475.67, Subdivision 8, and any amendments or supplements thereto. Securities purchased from the Escrow Account shall be purchased simultaneously with the delivery of the Bonds. The City Council has investigated the facts and hereby finds and determines that the Escrow Agent is a suitable financial institution to act as escrow agent. 20. Redemption of Prior Bonds. The Prior Bonds which mature on and after June 1, 2011, shall be redeemed and prepaid on June 1,2010, in accordance with the terms and conditions set forth in the Notice of Call for Redemption, substantially in the form attached to the Escrow Agreement, which terms and conditions are hereby approved and incorporated herein by reference. The Notice of Call for Redemption shall be given pursuant to the Escrow Agreement. 21. Escrow Agreement. On or prior to the delivery of the Bonds the Mayor and Administrator/Treasurer shall, and are hereby authorized and directed to, execute on behalf of the City an Escrow Agreement. The Escrow Agreement is hereby approved and adopted and made a part of this resolution, and the City covenants that it will promptly enforce all provisions thereof in the event of default thereunder by the Escrow Agent. 22. Purchase of SLGS or Open Market Securities. Springsted Incorporated, as agent for the Council, is hereby authorized and directed to purchase on behalf of the City Council and in its name the appropriate United States Treasury Securities, State and Local Government Series and/or open market securities from Bonds proceeds and, to the extent necessary, other available funds, all in accordance with the provisions of this resolution and the Escrow Agreement and to execute all such documents (including the appropriate subscription form) required to effect such purchase in accordance with the applicable U. S. Treasury Regulations. 23. 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 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. 24. Records and Certificates. The officers ofthe City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 2297591vl 16 25. Negative Covenant as to Use of Proceeds and Proiect. The City hereby covenants not to use the proceeds ofthe Bonds or to use the Project originally financed by the Prior Bonds, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost ofthe 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. 26. Tax-Exempt Status of the Bonds; Rebate. The City is subject to the rebate requirement imposed by Section 148(f) of the Code. The City shall pay to the United States rebates of excess investment earnings in amounts at least equal to the amounts, and at times no later than the times, required by Section 148(f) of the Code and any regulations promulgated pursuant thereto. The City will purchase investments at fair market value as defined in Section 1. 148-5(d)(6). The City shall make a determination of the yield on the Bonds and the yield on investments within sixty days after the end of each fifth bond year and finally within sixty days of the final payment or redemption of the Bonds, and shall maintain records thereof until six years after the retirement of the last of the Bonds. If regulations permit the City to comply with the rebate requirement in a different manner, the City may do so. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (a) requirements relating to temporary periods for investments, (b) limitations on amounts invested at a yield greater than the yield on the Bonds, and (c) the rebate of excess investment earnings to the United States. 27. Designation of Qualified 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; (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; and (f) the aggregate face amount of the Bonds does not exceed $10,000,000. 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. 2297591vl 17 28. Supplemental Resolution. The Prior Resolution is hereby supplemented to the extent necessary to give effect to the provisions ofthis resolution. 29. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository ("SID"), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. (c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information with respect to the Issuer 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 ofthe 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 City Clerk of the 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 of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 30. 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. 31. 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: 2297591vl 18 and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. Adopted February 17,2009. Approved: Mayor Attest: City Clerk 2297591vl 19 STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF STILLWATER I, the undersigned, being the duly qualified and acting City Clerk ofthe 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 accepting proposal on the competitive negotiated sale of$1,455,000 General Obligation Sports Facilities Revenue Refunding Bonds, Series 2009C. WITNESS my hand on February _,2009. City Clerk 2297591vl 20 Feasibility Study Presentation 2009 Street Improvement Project February 17, 2009 City Hall . Lr- ~H~(" \ - '111$., < " City of Stillwater Pavement Management Plan . City has 6.2 miles of State roads, 8.7 miles of County roads, and 89.7 miles of City Streets . Upgraded in the fall of 2007 . The Pavement Management Plan places City streets into 5 categories- Excellent, Good, Fair, Poor, Worst . There were 16 miles of streets in the poor and worst categories PROPOSED 2009 FEASIBILITY STUDY AREA SCALE IN FEET o 1000 2000 4000 I I flU IIIIITM'I.A(( If .....EI.,. 1> .:L, . l f , , ~;~<~ ~ ~ ,< .4:~ '''' 2009 Street Improvement Project . These streets were selected based on the conditions of the streets . The streets range in age from 25 to 40 years . Pavement failure exhibited by rutting, settling, and extensive cracking . Feasibility Study authorized on Nov. 18, 2008 . If ~ I ,J~~~~ , " ~. 2009 Street Project Components . Mill and overlay (Myrtle, 3rd) . Reclaim pavement/ save curb (Johnson, Hawthorne, Northland, Cottage, and Ramsey between Grove and Sherburne) . Reclaim with new curb (Owens, Willard, Martha, Harriet, Everett, and Ramsey between Sherburne and Greeley) . Utility work (storm, sanitary, water) . Minimal sidewalk work (ramps, etc.) . [1- ~~.,;;.~ ~~ "--=,c"'" Storm Sewer and Drainage . Rehabilitate or replace catch basins . Middle Saint Croix Watershed requires storm water to be infiltrated into the ground for 0.5" over impervious surfaces . 3 rain gardens are proposed . Myrtle Street ravine project to restore ravine, promote water quality, and reduce . erosion Maplewood Rain Garden i.--':'- I '~f:((~---.!.'.' 1II1 iJ~E~~2_'='I) I.L,...... r='...r-::" "--,--1-1 '_IJ~l!r- ( . -_. ._ft ((--1 - r. -- t===: IlL J hi I! ~ I q:v~-l r=J In ! ~ 11 I b ~.~ ~ If-! J:;i, t~-1-'1 LaiD[ - bl' i!:i S t .t t;l . [3: ~ ~. ...,~ ~ l i~~, )\= 8 ~ <r.1 ~ n>U:t -~ ~;;Q::J - ~C m' -0 . 1\ ~II",II ~ _ - GJ ~f 81 - ~ ~ · r: - 11". D-:J] _~r<~:t:0 I! 9 ~ II · di.lfP ~ ~ ~. ~:f: ~I~ciq. rii~~. .~~ Jt .r~lj~,.'. ; J.~JF.R~ , 0 CT G GI \\\ 8 A-:, ~ - 't EJ w-dt? I \ ( ~ fJ'-' I I l';"""1' r.::> r:r"~ ; i It '<<-~" c< " << "i" <<-1-" .. .. ,,-<<-<<-<<- ,,-<< << <<=u=.l~' - ~~ ~~T ..,...,({ [ . '\ r.. .-..... --~_.,..~ ~ J . 0 d ~ ~1. 1.1 ~~ :a. ~'~14~.' 6 ~~It ~ Tl oJ ~ ~ ~ ' 13 ;{i' -l:J r tr ~ J j n-" . ~ ,~_ ~ Cd ~ g'~:;]_ '-I [:? ~ '- .i qq.PD !Tl - tJ~ f ~~s.mm ~ ,. ,.-.-,. ~ i.::J I ; ~ 6' c:r-l If-<: - - ., <<.r j r:h rI:l.. h- I D ~ q ~.~_ s ~~ ~ _ ~I '~ ~ ~ l~ ,~ _ '1::r' L;:j - cflt.- I I I_P'.J - '-0= ~ I .--ll!: ~: ~ r[rlLJ-...... !,Ef;:!i:- -=-. n . "" [3 ~[)- '--l ''''",;!~Cl I , ~ -s. G.-f I~ct J.l ~ & Q~ C~Ir:l- '~. n:; :-~I~ ;:; c ' T1 I~ 11 G, Id I~ Tll It.I-- L..rI t ._~ b. -', .,-- .,'- . .. ~ \tr f~ ~ PlNE STREET C( .Lee-<< 4C << << (4-."-'-C( (C _<< << <<<< (C , W ~ -, (Crro. b~ c:tj d. ~ ~ (,}'~~. ..~~~ ~ ~ r.> r.;r- ~ 1:0.( 7~ pi: ~l'-~ Cfl !~/<o "",. 85)11 rJ .~ j ~~. : -r ~~ - -v~o l: ~ ~A ~I 71Jl1lf, S~T 'I :', POSSIBLE RAIN GARDEN LOCATIONS 2009 STREET IMPROVEMENT PROJECT o 100 200 400 ~- I I SCALE IN FEET MYRTlE STREET \ / $MIl' ..-. flY. e&'l.O ........ ..!Ii"'" 10. :.=::::;!1':::::;~::=~~::::;::::: .. ........... ............ '" ........ ..- ..... .... ----------- -- ...". . ................... ..,........ .. ....".............. ........... . .................... . ........... ...................... ........... ................... ........... -. ..................... ........... .. ................ -" ........... . ................ ........... ., ..... .......... ---------- ..'...... " .....,............, .,-....... . ........_....L .... ........... . ........-........... ........... . ................. ".. ................... . .................. - ..,. ... ..... ,'" .,.... ...... ............ '...... ............. ...... .............-...... .................... .......... ..... ......... ........ ......-........ .., .-................. .. ,................. ................... . .................. .. ................... . ..... . . . . . . . . . IS ~ \ ".. '" --------------------------------- -------- .....-82S.&3" =.~~ ..y_ LI'IUI5 $lWIot.. S..... 3 !mIIH 2 ........... :::::::::::.:::::::.. :::::::::::~ :::::::; . :;::::::::::::::::::: .. .....". ..... :!~~~~::;~:;~'~~)g~ ~' :."~~ .. '... _., ;.,::" ;.:t.:.... ~~OO ;:. ~~:::::-:~ _ :-:~~:-:-::-::~.~~ _ :-:-:;.:.:;':'::-:-:;-:.::-:-:::-::~ ~"- :.:-:::-::-:-:::-:::-:~::-:~ _ ;;;;~erts. ::: .,';..:..,::::.:::,,::..:;,~;,.~;,~:';.::~,,~::,"~:',~:;;.::'~.~:;,::::::,'.::.:;;::. 1 l. ...... tw-'.. S11""~:.. :nHHHHi "."::~~~;~~~~~~~~~~~~~~ ::;~~tHmnn~ng' '~.~mjj~HHUHH~m :," -~HHFg,.~l'f;' := ~~;~~~~~;; , ... :. ~'~::;': ::,:,~;.t,~,;,':..:.,:::::~:,.1..~ flat I~~i_~~JilijJjt~_~~~~ij~~__j~~J~~~~_~Jj:0jj~~~~7~c~I~___~~~~~~~_~~~~~~~~_~_~~~~~~___~~~~_~~__J~~~~ Nom ,. IIET'OEEN S1W~ 7 AND SNH 10. lHE RA\IINE SHOWS EWlENCE OF SlCNIF1CANT EROS1ON. 1ltE CONlRAClCR SHAlL RESlIlRE lHE RAVINE IN THIS AREA IN ACCORDANCE VI1lH _ INCl.UOED CROSS SECllCIl. SOOoIt All ..... Y ALSO Ill: N[[I)to BtLOW SNH 7 AND AIl0~ STIlH 1 D. 2. !HE PROPOSED 1Nf1l.1RATlON BAS" AND lHE RAVINE BOTTOll (1llOM STIlH '2 TO CllIolH S) SHAll REtEll/[ 4 INCHES OF TOPSOIL. llNOOT &ED IIIX 4211 (50I/AC). AND CATEGORY' OlOSlON CONlROl. Ill.ANl<ET. J, DtSlURBEO AREAS BET'flt(N STIlH , A~ STIlH 2 SHAll RECfI\IE 4 INOtES O!! TCPSOIl. MNOOT S[[O lIIX 270 (120,/AC). AHO CATtCOl'Y I OlOSlON CONTROl. IllANI<ET, :.::-z.":'-==-_-.:T::".'\;" or =--=------.".. - .... ~ ___.MM...._.'J) MYRTLE STREET RAVINE PLAN <<. PROALE - . U. " ~fir, Sanitary Sewer and Water . Replace galvanized water services since they have a high tendency to leak: 15 properties . Alternate for water main loop on Owens (Pine to Willard) and Willard (Owens to Greeley) . Replace sanitary sewer mains based on televising reports: Center Street and other spot repairs l iU .,tl~~. ~, ~:m . ~!, ~ . Financing . Projects financed through City funds and Assessments (Assessment Policy 1993) . Replacement of galvanized Water services paid 1 00% by residents . Different assessment rates proposed: D Mill and overlay on Myrtle Street D Pavement reclaim- Cottage Orive- multifamily D Residential with existing curb- Johnson/ Hawthorne/ portion Ramsey/ Northland D Residential with new curb-portion Ramsey/ Martha/ Harriet/ Everett/ Willard/Owens/Center ,. . Lr- J,~Y'lJ~;': ~~.t ~ Proposed assessments . Footage method per assessment policy for commercial and institutional property . Unit method for residential property D Standard interior lot: 1 unit DVacant or sub-dividable lot: 1 unit to be deferred until lot is built on D Corner lot: 0.5 units for each side reconstructed D Multifamily lot: 1 unit + 0.2 units for each additional occupancy .a ~ (0)--' ~rF\ ',"'-i/ \ !:o <0 wI!) " ~ ~ coP -~ :::..--;:--=~-- WES1 ORLEANS "1 f . . . . ~,x -'1.'''' ",' . i{!d~:~ cottage Or\ve Nlu\t\-iaro\\'1 Rate Myrtle & 3rd St ~ Curbed-Unit pancies @ Mu~i-Fam ily Occu ~ Curbed Footage ~ "- ---- [K] \, \~- Front Footage ~' r- / o .. Johnson ct & Uf curbed-UO\t curbed Footage ~ I J ( d---~\ ~ \ \ \ \ \, ~, -) ..,..-- d"b Curbed Footage Corner (1/2) Assessn .... .. -.I _oJ WEST OLlV'E ST n*- (f) ,-,-- /1....~ Z - "i..::t=, W S o ~TRE~T I' co I.(>l '- 0-, Non-Curbed Unit h?~ r" (!) -1 Q~r-e f=- C Galvanized WfJer Service Multi-Family Occupancies Comer (1/2) Assessment _~I .~ I I- ::> o (f) (U Cl.-l5 w W 0::: C) MYRTLE STRItET -,r- . C-S A H 12 Ramsey St & Center St _ Curbed-Unit '* Galvanized Water Service ~ Half-Curbed Unit 0 Multi-Family Occupancies o Non-Curbed Footage 1: Corner (1/2) Assessment o Non-Curbed Unit o ,.~, I.~ L ~\~~, ..... <( (f) U [' >- W ....J W W a::: (!) I J r I- T 1 (.. . 3 EST ~"".'.' ...11 ~ a I 1 ~---I . I _ I I , I -----r '----1 ~11C) Everett, Martha & Harriet Street I I L-l ' I I- 0::: o Z 1 WEST o Non-Curbed Unit *~ ' GalvanlzeG-WaterS rvlce @ Multi-Family Occupancies C Corner (1/2) Assessment . If ':'It'\lf .~~~~,~ Assessment Adjusted Assessment Assessment Street Rate footage Units Amount Myrtle Street commercial $47.57/ foot 924 $43,955 Myrtle Street residential $2,740/unit 12.15 $33,294 Cottage Drive multi-family $393.56/unit 225 $88,550 Commercial on Ramsey $61.21/ foot 146 $8,937 Curbed except Myrtle/Cottage $4,815/ unit 74.7 $359,681 Residential non-curbed $6,445/ unit 28.6 $184,327 Assessment Subtotal (50%) $718,744 City share $857,106 Galvanized water: 100% $2,000 each 13 $26,000 Galvanized water Myrtle: 100% $3,000 each 2 $6,000 Street Project Total $1,607,850 Myrtle Street Ravine Cost $300,000 Combined Project Cost $1,907,850 . Lr , ,IJ~~" Financing (.. .cont) . Street assessments on past projects have varied depending on scope of work (sidewalk, lighting, utilities, etc.) . Unit assessment examples (2006- $7,900 2007 - $6,500 2008- $7, 1 00) . Assessments- paid up front or over a 1 0- year period . Preliminary assessment role at the public hearing . I r- 1- . ,':J}~~ < i"~ , fl;,Ji:, Neighborhood meeting(1/13/09) . Questions re: assessments, street life expectancy, curb, catch basins . Width of Owens Street (Olive to Pine): resident concern with 28-foot wide . Parking and traffic on Ramsey (Greeley to Olive): residents on south side want no parking on south side . Lr- : ' , ~ ~~;~ ..~ Possible Schedule . Feasibility Report to Council Feb 17 . Public Hearing/ Order plans March 17 . Approve Plans/ Authorize bid April 7 . Accept bids/ Award contract May 5 . Preconstruction neighborhood meeting . Construct project May-Sept . Final Assessment Hearing Sept 16 History of Neighborhoods Pic -WWII Traditional Networks nf,IlnuestcyuaIBtrccts(GIId pottcin) Alleys and shirt hlorks Mix of land uses. rirc,l1 Yarkr'of aiin (huiehis. aharnnrnic store,, bars within I louse wadi porches close to (tic strirel Detached garages, narrow and deep lots Sidewalks. trees. and nn-sheer parking History of Neighborhoods Post WW 11 Conventional Hiciarchyol sheets toseparatelraffic 'through lots back to arterials 'weeping curves and cul-de-sacs .Segregated land uses- nocnrnci bars Wider lois, big set backs and backyards Wide open streets. No need to park on the stieet No sidewalks and often no curb 2/17/2009 1 History of Neighborhoods Nco-Traditional Bn1ad drsign ennlcvl 1 IYahlr` t11unnun1ll('s MMT1ni•uI N(•m 1lrh,nnsln 1nnccnu•ni 111rn1IH InR In cr nlc a mmnnnl ,fnrnn.r rvirnflolrl in n fcw year4' lbws noteunlulni ill Iradiuontvl•--n inrl +ubdi4i.tiiun tirandards Neo-traditional (.lna(I-nnvPd-uscs, walkahh• plan tMiTnInc ul snit; h^and Inull1-11111, .SIIId1 (lusrcrcd furs Sn1711i sgth,Irks rrnm 11(.101,, slrlcwalk,, p,ulaIt; nl Ihr hal•k of thy !ni }Ircei nr•Iwu11i rehlI Inulliplo pro h} to Ilippvrsr Irnllir' hrunl;h ncighb1rhnod Luw tic_sign spccd Shalr(I,Irri`I spnC" parkinganil Irarci Neo-traditional IOde.r nap li.l, pl'Iuril Ri( ),c'Ics and hnsys alr dc,:ipped in Iwlnet rics. kw c its not 'ruck!: N'.11 rrnc s'rrc('I}, 1 igilt rIIrnA. nInr111 rut n1'1 Iallli.uraff 11 (nlnung huill In nI the design ,D1f.nurngc prrkillgun rhLnln•OI 2/17/2009 2 Residential Traffic Tool Kit ill.rra luntnrl Regulate and loch tic Lli.dIlnucr1 mn detsionding Plus I;nlorc'rmcnl 'traffic Milnageiilent ( h,ingr rho Palh uf5;ire Tral fie Calming Mndity (for the heifer) ilrirrr ho_havior by using Hardly nhysu•al nirdsun•s • Traffic Control Tools Speed I.imil.s $peed Limn signs Ilrrorierncnl merNectionCantrol $l ulrsigns. Yield Sighs Pcdesuian Reminders Access C onl rol Packing Restncuons Traffic Control Tools- Speed Limit Signs 2/17/2009 3 Traffic Control Tools- Intersection Control US(' fur Inlertecfion Ccmlrol n01 TrTTfl1C • Aming Traffic Control Tools -Access Contro I'o�i l< hrnii Turn r sinrnOu uu urmnals c,in he I.iscd. i�siOl) illl-ihnxi�lin,it iruninicsiticnli,ilsiiCT•is 2/17/2009 4 1 Traffic Control Tools -Parking Restrictions 2/17/2009 • Ni, p,irking. riu,( rrstrrt•rintls, arlrl re RIeI1ttal pernrir rt,ne� Education Tools Speed Watch programs Residents Cher k Speed and Identity or speeders Regisreied lei tel s seal- to speeders, followed by speed uailei mlormanon dart onforccnu•nt I'enodu lullnw-ul, colon-einenl by police Neighborhood Support Mealings. ncwslel etsand peerpressu re Traffic Management Need an at ea wide approach Ger vehicles hack on the arterials Change the path Non- Physical Means ruru Pruhihi nuns One Way Si ri,rl c Physieril Means hull l Iosinc HA' Clpsii rc I)lacrrel 5 Traffic Management - Full Closure I lot., 1,11 ROUES 1.1...••••••••••1 OUt %-• FOI SU 12,1 t!4)S1.1,-(S,a0.. 1):Hrwvs p1dc'c,1:1c1oss clrucl 1) ihrtm0,11'411, 11k1A lcovull, only ,,,(4.1,111:s(1,(fl. Traffic Management -Half closur 1 L111 closures 111 Choc 1,1.1t1.11,4 1 dirocmul Ir. liSi L 11 11 11, two-k,dy srrt,r-, raffic Management Diverter i Milahl menus 1.0.a1.0.•••••••1•••••1 thwl IC, .11, T..111., O.-Wed d.pubill) .1( loss • • Wm 1.11.14 thr.,46 01,WC,11,!1:1nnj1 or...16nr4 1111 swordw. rcei..t. 2/17/2009 6 Traffic Calming ncfi ninon Pnnlarily physical lauures that r(du0c ncgorit'e itfrcl; of cols by allering drit•cr bt•h;iviur rind inifiruve ennddlion for Milers ChaI 1CteristioN i:mmmunily based and suppitta•d ;ell-rnhaucing(l)nver comfort. Ievcll Intprovc safely for vulnerable users- podeg1 rians, cltildren, cdrderly and cycdisl5. Traffic Calming Too s Vertical Deflection Speed Humps Raised Crosswalks Raised Intersection Traffic Calming Tools- Speed Humps !Pi Spccd Inlmps air; ruu ndcd iaiscd a1cnS IdBred at Fuss rho rnadkr8y. 'Thep ai•o gcn(r (IIv 1010 14 feel lung tin 1 he duct lion 011 ravel), nlalang rhrn'i dititine,t h'u1111he, tihortor'speed bump:' found in many parking Iors, and .uc :; lu 4 inchv, high Flwnps - Vc.rricul ehangC( in vurfacr-lyptcally i_-iq' Iunl; nod: "-4" high 2/17/2009 7 Traffic Calming Tools- Speed Table •qu ed 1,I1)1cti di,. I Ialrulpped • ;lu ed hnlnpti ullcu I: 11n ueled .a 11h brick (n Illlor 1 1tired ni,trrrlal, nn he Ila1 .tin 111111 Slllrcd lahlrti,nl.• Ippi(ally'lushl u1 rhf, • nllre rphcrlb,rS( (l r1IldSS(II_cr rat 11 lcsl on tip- Ilal tics I Ion _:! Irc! •Irli lt, rVilll n u. lime 1,11)11 Traffic Calmin Tools Raised Crosswalks K111MD CROSSWALKS R. a.at1 amigo, R.11,1,1 lllltisrralkti, In• S111 d I'ahl(•sunll•111rd rr llh (lust,(all, IIIdrlCIIIFS and hlgn 1g1_ !(l CI1OI 111111%i,' l rede,111111 ( 10SSII1145, pluc i(lu1µ pelt, .erridns 1VlIII ,I II SI l tilrvel crossing. 'Traffic Calming Tools -Raised Intersection W1/0 Mi11Yfwn � w'•�.....rrr.+'r�.rrrrwr Ca lse lnlerse(Iluna ale tlar Idllrl r111'dl i UAl'I II1l �111 c'11111'r' 1111 rCyl'l II1ln N1r11 I01111nnl,,Il{ dplll0,l(1(4' lid Olte11 Aal[h 1)r10( (II oLhel ICVtilled iir ii r 1,1k « 11 Ill, 11,11 ;rr rlun. 2/17/2009 8 Traffic Calming Tools Vcrucal nerlecnon Horizontal Deflection Traffic( Roundabuuls Traffic Calming Tools- Traffic Circle M.IIMMIMOIlwMc alf I hdfhdn cclicIcsdieicdidands,1'lucciIli erecllims. aluunrl c1hich rlllhl cnculales fhuar•;nnd ra (,imnµ Inlerser liuncesperlally within nvll;hborhllullswhriLahr vehlclr ird fil is nw a maun rvnurrl1 hill speeds vrill»n.i_t.;rnrl.;;arclydre problcuis. Traffic calming Tools -Roundabouts •OUMIY(NM YIYwI (uIInddbuurs rcyuiro lralfn in (are ruunlolclnrlccsmc wound a ionrer isldnrl. IiiiIlllddbUlltShce usrd uii hlghri vulunn.' slrrrls ludllocdu• i ijhl-ol-w,ly hrrweell imigw ip, Inlll'elil('n IS 2/17/2009 9 Traffic Calming Tools Vertical Ueilct i mn I InTIzunlal Del lrrn on Narrnwings-(constrict the travel way) Neckdowns Chicanes Chokers Median islands Traffic Calming Tools -Neckdowns NI.:t: 0I0AY11t.l1'C (nr1I1. R11,1 IIs.11 IIIIcl secI lolls (1(1!rccIIjc( ht. ro;ultr•ryalrllh110111 LIIhtnlMil I her Pcdestn.ln140• 'u tlrl seelums by shn11en111g lisl.uvrs Ru �H'[ PVI ri lMs anti [II Jac lll� 1111•I1IIUII IU ne(1e911 iJns eid Ialseli pcn1ns1d.is "Traffic Calming Tools -Chokers �hpla�rg am Cuirii t 8R:I1; inns a1: rnidl?lork I'.Icaritms i li#_;. n:irrilrr,i.strei_I hywiclinhthewidiltralk(rjiilntiisMp 2/17/2009 10 Traffic Calming Tools- Chicanes CMCAPIES IeMrlala. wrpxntnn �..>rq wwr, mnU ('hic•iirts it < urhl•elcr,Sions ih,il alu•u ,die nuns one �uic of Ihr• sncct ur the olhcl. lurnu nh b-shancd ISRY'y Traffic Calming Tools- Medians, .. i isttdish°!locatedalonitherenlerlineofaslr(CL that narrOW the ti11V4'I Inner Al Alai I(1(.'d1i011 Pillr•il Willi d I;,q> to •,Ilokv lirdcarid] s Ihrouhh C rossvnalk, Hwy a10 °lien r'alled'pedc,n-,dn Irhlgch 1 n Sununal y, the nxlsl ulntn>nly II (l dcr ices Iisicrl Irnm II1V1l Irequenl to least huquelw Spvcd»- Iral•Iic i'I rrlcti V.Iric1Yui Iralhr Mandgcnu•n1 1)�•411 ilinl Wirlc Mmdlficarium. l:umhmawn, 01 dcvit'C: 2/17/2009 11 85th Percentile Speed Reductions 1211 Bumps 1411 Humps 22 (1 'Fables Raised Intel sections traffic Circles Narrowings -4% Average Volume Reductions 12 fl I lumps -18'%, 14 ft 11un1ps zz fl "Fables Traffic Circles - 5'1A, Narrnw111gs Pull Closures -,4'%0 Half Closures Diagonal I)iverters 35% Sample Cost Estimates Speed llumps z,000 Fables 6z,goo Raised Intersections ti,12,5oo Circles s3,5op• s15,000 timbers $7,00n - :$1n.uoo Half Closures S35,00p Diagonal Diverters 58g,000 Full Closures rrzo,000 2/17/2009 12 2/17/2009 13 MEMORANDUM To: Mayor and City Council From: Shawn sander~rector of Public works Date: February 17, 2009 Re: Hiring of seasonal employees Consider this a request to hire seasonal employees in the Public Works Department for the summer months, May through August. In the past, we have typically hired eight seasonal employees for the Parks, Streets and Sewer Department, but because of budget constraints we are requesting three employees for 2009, Three seasonal employees will assist in each of the departments, primarily focusing on mowing and weeding of parks, trash pickup, park cleanup and street patching and tree trimming. Since the addition of Teddy Bear Park and improvements to Washington Square, park reservations are being made into evenings and on weekends, Seasonal workers give us the capability of adjusting their schedules to work evenings and weekends without having to pay overtime to the full time employees, For 2009, $50,000 was budgeted for seasonal employees. If three seasonal employees are hired, this amount would be reduced to $20,000. Seasonal employees are paid $11.00 per hour, Memorandum Date: February 16, 2009 To: Mayor and City Council Cc: City Administrator Larry Hansen From: Chief John Gannaway Subject: Hiring/Replace Police Officer Position Officer Leslie Wardell has submitted her letter of resignation, effective March 1st, after 22 years (24 overall) of service to the Stillwater Police Department. We are requesting to replace/backfill her position. With Officer Wardell's resignation, our overall sworn officer staff would be 19 officers, down from our authorized strength of 23. We currently have one officer on Administrative Leave and two officers out/light duty status due to medical conditions. This number of officers will alarmingly affect our staffing levels, especially with the summer season increase in calls for service coming in three months. The last time we had a staff of 19 officers was ten years ago, when our population was 16,000 (Our current population is an estimatea18,OOO-19,OnO)~-Having thisfe\IVofflcers-avallaoleroTdulyc6ufa affect our service delivery and create potential officer safety issues. We have considered hiring part-time officers to fill this void. There are full-time and part-time licensed law enforcement officers in the state. Part-time licensed officers are not available to us as the Minnesota POST Board has limited their authorization/licensing to very few agencies. Full-time licensed part-time officers also have downfalls. They cost every bit as much as a full- time officer to hire (background, psychological testing, etc...), need all ofthe required (and costly) training that full-time officers do, and generally leave after a very short tenure for full- time employment elsewhere. There is cost savings by hiring a full-time officer to replace Officer Wardell. Officer Wardell is currently at the very top of the patrol officer pay scale. Hiring a new officer at the entry level pay scale would result in a savings of almost $20,000 (with benefits included). It is critical that we advertise and start the process for a new officer as soon as possible, as it usually takes approximately six to eight weeks for the hiring process, and then the new officer is in our Field Training Program for three months after that. Washington -'=- ~Coit lnh7 r =". ''-&.&......1 Board of Commissioners Dennis C. Hagberg, District 1 Bill Pulkrabek, District 2 Gary Kriesel, District 3 Myra Peterson, Chair, District 4 Lisa Weik, District 5 February 13, 2009 ~~ , Mr. Larry Hansen Administrator City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Mr. Hansen: On behalf of the Washington County Board of Commissioners and the Deployment Recognition Committee, I would like to thank each local government in Washington County that has adopted, or is in the process of adopting, a resolution of appreciation for the service men and women of the 34th Red Bull Infantry Division on their one-year deployment to Iraq. The Division left Minnesota for training on February 12, 2009, and will arrive in Iraq during April 2009. I join with committee co-chairs Mary McComber, Councilmember of Oak Park Heights, and Richard Glasgow, Director of Dear American Hero, in expressing how much the resolutions have meant to the approximately 1,000 members of the four Minnesota units in the 34th Red Bull Infantry Division of the Minnesota National Guard. The 34th Red Bull Infantry Division was formed in 1917 and holds the distinctions of being the first U.S. Division deployed to Europe in World War II, and having spent more days in combat and having taken more enemy-defended hills than any other U.S. Army Division in the war. More recently, the Division has served with distinction in Afghanistan and in a previous deployment to Iraq. Chaplain John Morris of the 34th Red Bull Infantry Division has informed me that the resolutions of appreciation have been included in a special binder that will be carried to Iraq for further viewing by the deployed soldiers, and preserved as part of the Division's permanent history. I know that I speak for the members of each city council and township board in commending the men and women of the 34th Red Bull Infantry Division for their dedication to duty and in expressing our concern for the safety and well-being of each man and woman during the deployment, and our appreciation for the sacrifices being made by their families during their absence. Sincerely, ~~~ Gary Kriesel, Commissioner District 3 Ie Government Center. 14949 62nd Street North. P. O. Box 6 . Stillwater, MN 55082-0006 Telephone: 651-430-6001 . Fax: 651-430-6017 . TTY: 651-430-6246 www.co.washington.mn.us Washington County is an equal opportunity organization and employer 2/17/2009 1 AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street February 17, 2009 REGULAR MEETING 7:00 P.M. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HE or less. re not a part of t or give direction to ttendance lease APPROVAL OF MINUTES - Possible approval of February 3,2009 regular and re PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Certificate of Appreciation - Retirement - Ron Johnson ( OPEN FORUM The Open Forum is a portion of the Council meeting t the meeting agenda. The Council may take action or r staff regarding investigation of the concerns expresse limit your comments to 5 minutes or less. STAFF REPORTS 1. Police Chief 2. Fire Chief 3. City Clerk 4. Community 7. Finance Director 8. City Administrator 4, plication for Landmark Homes program e s for subdivision of Parcel No. bdivision of land of certain proposed projects to be undertaken by reimbursement bond regulations under the Internal 5, rvice Agreement for water monitoring with the Washington 6, ington County Communications System Subscriber Agreement ect for others in attendance lease limit our comments to 10 minutes No public hearin UNFINISHED BUSI 1. Liberty Stop ns (Resolution-Roll Call) 2. Discussion on Downtown Parking Permit program as it relates to residents NEW BUSINESS 1. Possible approval of feasibility report and calling for hearing on 2009 Street Improvements (Resolution- Roll Call) 2. Possible first reading of an ordinance amending Section 38-3, Noise Control and Regulations of the Stillwater City Code (1st Reading-Roll Call) 3, Presentation on traffic seminar - Chief Gannaway & Public Works Director Sanders 4. Possible first reading of an ordinance amending Section 51-5, Snow Emergencies of the Stillwater City Code 5. Possible approval to hire temporary seasonal Parking Attendants and CSO - Police Department 6. Community Development Department - Annual Report PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REQUESTS COUNCil REQUEST ITEMS * All items listed under the consent agenda are considered t enacted by one motion. There will be no separate discu citizen so requests. in which event, the items will be r separately. STAFF REPORTS (continued) ADJOURNMENT 2 TN' IIITIl,lACt OF ."lIIllo,a CITY OF STILLWATER CITY COUNCIL MEETING February 3. 2009 REGULAR MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 4:30 p,m. Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward OTHER BUSINESS Noise variance relatinQ to Stillwater Library Terrace Events Mayor Harycki invited comments from the public. Tim Paskvan, spokesperson, stated he had taken a poll since the last meeting and that the majority was in favor of a compromise - no music after 10 p.m. and stated that allowing any music is a compromise. He stated people in the area are losing sleep, and he spoke to the issue of fairness. He later stated that the compromise position - no music after 10 p.m. - included the caveat that even before 10:00 p.m., music would have to be at acceptable levels. He suggested that at any event, a hotline to the library event director be made available should neighbors have complaints about noise, rather than neighbors having to call police, which is intimidating to some folks. In addition to a hotline, he suggested that an outside police officer be hired for special events. He also questioned whether the revenue generated from such events is worth the problems caused. Curt Schmidt, 231 N. Third St., said they were never notified of plans to use the terrace for special events. In addition to the music past 10 p.m. and that traffic is a big concern, Barb Gnan, 231 N. Third St., said her residence has skylights that face directly to the terrace, and it creates a wind tunnel effect with noise, conversations and music. She City Council Meeting February 3,2009 said to allow music to 10 p.m. is a big compromise for them. She said they are just asking for a peaceful neighborhood, Charlene Farley, 303 Third St. N., said the library has become the new teen hangout, with kids smoking and drinking, and that there has been nothing but problems since the library addition, She said this is a library, not an entertainment center. Library Director Lynne Bertalmio stated it is a requirement that a security officer (which is a Stillwater off-duty police officer) be hired for special events. She said library staff was surprised to hear neighbors' concerns expressed at that last Council meeting as when the Council granted several variances last summer, the Council encouraged neighbors to call with any complaints. She noted only one complaint was received last year and that complaint was due to a technological problem with an Ipod. Ms. Bertalmio stated the library is trying in good faith to lessen its dependence on the general fund and property tax by raising revenues through special events. Mr. Paskvan asked about indoor space at the library. Ms. Bertalmio stated there is indoor space, but that space does not accommodate as many people as the terrace. Councilmember Roush suggested the possibility of using a tent to lessen the impact of outdoor music. Councilmember Cook referred to a letter from a resident who raised a question about the fairness of the granting of variances to another branch ofCity business. City Attorney Magnuson noted there is political necessity involved in the variance application/granting process, but that there is an inherent conflict involved. Mayor Harycki pointed out that anyone can apply for a variance, and the Council cannot indicate that a variance will never be approved as that would be prejudicial. Jane Paskvan, 314 N. Fourth St., stated she was aware of the variance process- neighboring property owners are notified and they show up tc? comment on whether the variance should be allowed or not. She stated last year that was never done with the library events. There was discussion as to the process, whether public notification is required for a noise variance, with City Attorney Magnuson pointing out that a noise variance is not a matter of zoning, it is more a matter of policy. Mayor Harycki asked if the Council could change the ordinance to require public notification for noise variances, with City Attorney Magnuson responding in the affirmative. Councilmember Polehna suggested that the library could change its rules to simply state that there is to be no music past 10:00 p.m., striking any reference to application for a noise variance; Ms. Bertalmio pointed out that would be possible, but also noted that it is City ordinance which provides for a variance application. After additional discussion, Mayor Harycki suggested having City Attorney Magnuson prepare a draft of a revised noise ordinance and having Ms. Bertalmio bring back revised budget figures taking into account the possible impact on rentals due to the Council's position as indicated by comments during the meeting - no music past 10 p.m. Page 2 of 13 ""~/ City Council Meeting February 3, 2009 Motion by Mayor Harycki, seconded by Councilmember Cook to direct City Attorney Magnuson to prepare a draft of a revised noise ordinance (requiring public notification). All in favor. Councilmember Roush asked Ms. Bertalmio for her analysis of the potential impact on rentals; Ms. Bertalmio responded that it likely would result in the loss of larger wedding rentals, Mayor Harycki asked Ms. Bertalmio to return in a month or so with impacts and revised budget estimates. Bruce Moffatt, North Third Street, suggested that the characteristics of a venue are more important considerations in rentals that any restrictions on time. He asked about the criteria used in considering variance requests and the requirements for serving liquor at events. City Clerk Ward responded that the liquor license in provided by the caterer to events; City Attorney Magnuson pointed out that caterers have special liquor licenses granted by the State. Regarding variance criteria, Mr, Magnuson suggested some standards could be added to the revised ordinance. Steve Gnan, 231 N. Third St., stated the worst weekend last summer was the Jazz Festival and explained why they hadn't called the police to complain at that time. He also suggested that if the library desires to be a good neighbor, the Board will change its policy instantly regarding the 10 p.m. music deadline. Stillwater Library Capital Purchase - 3M Selfcheck Ms. Bertalmio explained the request is to lessen the staff time required for checkout of materials at the circulation desk. She said use of the existing self-checks is increasing and resulting in some lines and folks going to the circulation desk for assistance. She noted that the library's revised 2009 budget includes increased fees, many of which will come through the circulation desk requiring close attention by circulation desk staff. Councilmember Cook stated that she did not think waiting to check out material was that big an issue. Councilmember Roush said he understood the need but did not think this represented an essential purchase. Motion by Councilmember Polehna, seconded by Councilmember Gag to approve the purchase of the Selfcheck as presented. Motion failed. (Ayes - Councilmembers Gag and Polehna, Nays: Councilmembers Cook, Roush and Mayor Harycki) St. Croix Vallev Recreation Center Capital Purchase - Zamboni - DOUQ Bradv Recreation Center Manager Doug Brady reviewed the request for a new Zamboni at the Recreation Center. He stated he thought a new machine, with trade-in, could be purchased for about $90,000, money that is included in the Center's five-year CIP. He said the machine is very important, noting that about two-thirds of the Center's revenue comes from ice rental. He said he had contacted two firms that sell rebuilt machines and those machines sell for $80,000-$90,000, noting that rebuilt machines are generally about 10 years old. Mr, Brady pointed out they maintain three surfaces of ice and that Page 3 of 13 City Council Meeting February 3,2009 he didn't think they should jeopardize their product by purchase of a used machine, especially given the small difference in cost. He noted that the City's two current machines are 8 and 10 years old. Mayor Harycki inquired if it was possible to use one machine for both sheets of ice and move them back and forth as needed. Mr. Brady stated that are times, such as tournaments, when both sheets of ice needs a Zamboni at the same time. Councilmember Polehna concurred with Mr. Brady's response. Councilmember Roush said he thought the due diligence in looking into the option of a used machine had been satisfied, Councilmember Cook asked if the Center is a money-maker for the City. Mayor Harycki stated the Center meets operational costs and pays some toward debt service every year. Councilmember Gag pointed out this is an essential machine for this facility that gets high use. Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the purchase as submitted. All in favor. Lobbyist Discussion Mayor Harycki said he thought there were two projects that might need the services of a lobbyist - the new river crossing and the levee wall. It was noted that $33,500 had been budgeted for lobbying services. Mayor Harycki said the question is whether the City can receive a good (lobbying) effort for $33,000 or less and whether the City should proceed with an RFP (request for proposal) and see what might be available, There was discussion of past efforts/successes, Councilmember Gag said he thought the first step would be to agree on the project priorities and then work together as a team as advocates; he also suggested that timing is critical in obtaining funds. Councilmember Gag agreed that the City should solicit RFPs, and give clear direction and expectations as to what the City is looking for. Councilmember Cook suggested rather than RFP, which suggests funding has been obligated, that the City do Solicitation of Interest, which doesn't create the expectation of funding. Councilmember Cook asked about other projects that might require lobbying efforts. City Administrator Hansen spoke of the previous talks of a new armory and noted there are numerous projects in the CIP that is unfunded. Mr. Hansen stated that staff had just had another meeting regarding the new bridge and that is scheduled, with MnDOT funding, for 2013. Councilmember Polehna spoke of the importance of the levee wall. Motion by Council member Polehna, seconded by Councilmember Gag to direct staff to prepare a Solicitation of Interest for lobbying services. All in favor. Page 4 of 13 City Council Meeting February 3,2009 STAFF REPORTS On a question by Mayor Harycki, Police Chief Gannaway said he would give a presentation at the next Council meeting on the traffic seminar Public Works Director Sanders and he had attended. . Chief Gannaway said information on the winter parking issue by Good Samaritan would be prepared for distribution to the Council. Mayor Harycki also asked that the Chief prepare an update on administrative citations for the Council. Chief Gannaway stated that officers have written about 120 of the citations from October until the first of the year, with about 93. percent compliance (payment) and no complaints received. Fire Chief Glaser reported that the City of Stillwater has been preliminarily selected to receive an Assistance to Firefighters Act grant in the amount of $136,500 to go toward the replacement of Self-Contained Breathing Apparatus units, units which currently are about 10-12 years old and don't meet new OSHA guidelines. He said the grant is a 10 percent matching grant and funds are available in the department's capital outlay for the match and that the grant funds must be used within one year, once officially received. He asked Council approval to accept the grant. Motion by Councilmember Gag, seconded by Councilmember Roush to accept the grant from the Assistance to Firefighters Act for SCBA units for the Fire Department. Chief Glaser also thanked the Margaret Rivers Fund for its support and a $12,000 grant for equipment for the department's dive team. Community Development Director Turnblad gave an update on the parking ramp. He stated clearing of the site and some demolition has begun. He stated pile driving will begin in the very near future and noted, by contract, the pile driving work won't begin until 9 a.m. to lessen impact on neighboring residences. He said parking lots in the construction area have been closed and staff has answered many questions regarding alternate parking locations. Mayor Harycki referred to a letter of compliment to the Public Works staff regarding plowing efforts and asked Public Works Director Sanders to extend the thank you from Karen Shimon and the Council. Mayor Harycki asked Finance Director Harrison for a monthly budget update. Ms. Harrison said she could begin that at the end of February. Mayor Harycki informed the Council of a letter from Congresswoman Bachmann regarding a program titled "The Big Read" and suggested the letter be forwarded to the library and School Board. Page 5 of 13 City Council Meeting February 3, 2009 The meeting was recessed at 6:20 p.m. RECESSED MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7 p.m. Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE State Representative Matt Dean led the Council and audience in the Pledge of Allegiance, APPROVAL OF MINUTES Motion by Councilmember Gag, seconded by Councilmember Roush to approve special and regular meeting minutes of January 20,2009. Councilmember Cook pointed out that the motion, on Page 10 regarding the noise variance passed unanimously. Councilmember Gag and Councilmember Roush agreed to change their motion to approval as corrected. All in favor, PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Senator Vandeveer - District 52 State Senator Ray Vandeveer and State Representative Matt Dean were present. Representative Dean spoke to budget issues and reviewed t~e Governor's budget proposal and welcomed input from the City as the session progresses. Senator Vandeveer echoed the invitation for input. Mayor Harycki commented that the more time the City has to react to possible cuts, the better off the City will be. Sen. Vandeveer briefly reviewed possible legislation regarding watershed districts as a taxing authority, which could make them accountable for levying taxes at the County level. Councilmember Polehna asked for support for the levee wall project. Page 6 of 13 ; City Council Meeting February 3, 2009 Adoption of resolution commendinQ various board & commission members for their service to the community Mayor Harycki read the resolution commending retiring board and commission members for their service to the community. Motion by Councilmember Polehna, seconded by Councilmember Cook to adopt Resolution 2009-23, resolution commending various board & commission members for their service to the community. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None OPEN FORUM No public comments. CONSENT AGENDA Mayor Harycki asked that item NO.2 be pulled from the agenda. Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the Consent Agenda, excluding Item NO.2. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None 1. Resolution 2009-22, directing payment of bills 2. Resolution 2009-23, approving Washington County Communications System Subscriber Agreement (800 MHz radio system) - Not approved at this time 3. 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 4. Possible approval to purchase equipment for Dive Team - Fire Department 5. Resolution 2009-25, approving agreement with John T. Sallis Regarding Item No.2, Mayor Harycki asked about the cost of the radio units for County departments versus what cities are being charged for the units. It was agreed to bring this item back at the next meeting pending additional information. PUBLIC HEARINGS - Out of respect for others in attendance. please limit your comments to 10 minutes or less. No public hearings Page 7 of 13 '-" City Council Meeting February 3, 2009 UNFINISHED BUSINESS Possible approval of recommendations for General ObliQation Capital Outlav Bonds. Series 2009A - Dave McGillivrav. SprinQsted Inc City Administrator Hansen reviewed the bond sale that took place earlier in the day, and the City received the lowest interest rate of any sale he has ever been connected with. Dave McGillivray, Springsted Inc., said six bids were received, with the best bid received from UBS Financial Services at a rate of 2.2919 percent. He said the estimate based on the market rate in December was 4.06 percent. He spoke to the strength of the City's financial rating, and the quick response of City staff and Council's response to the State's budget problems and the impact that has on the city's Local Government Aid (LGA). Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Resolution 2009-26, 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. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Presentation of State of the Streets - Public Works Director Sanders Public Works Director Sanders reviewed the State of the Streets presentation originally presented in March. The presentation highlighted the City's 2007 pavement rating study, which indicated the City has about 16 miles of streets rated "poor" or "worst." He noted that the pavement rating study is to be used to guide the street improvement projects for the next 5 years. He also noted the recommendation made in the pavement rating study was to increase the street improvement capital improvement budget by 10 each year; that budget was about $1.6 million for 2008. Another recommendation of the study, he said, was to consider increasing the assessment rates on street projects and to continue routine maintenance of streets. The presentation reviewed the history which resulted in the current mileage of streets rated "poor" or "worst" and projections which indicate the City's good and excellent streets are slowly deteriorating to poor or worst. The presentation reviewed assessment options, maintenance options that can increase the life of streets, and costs of various types of street projects. Mayor Harycki stated that he would be interested in seeing an analysis of the impact of a more aggressive mill and overlay program. Motion by Mayor Harycki, seconded by Councilmember Polehna directing staff to prepare such an analysis and bring back to Council at a future date. All in favor. Page 8 of 13 City Council Meeting February 3,2009 Possible approval of Senior Care LivinQ Facility Development AQreement & Payment in Lieu AQreement City Attorney Magnuson reviewed the payment of lieu of taxes agreement that will be signed as part of the development agreement. He said the development agreement "promises" the property will stay a tax-paying entity; the payment in lieu agreement is extra insurance. He reviewed the specifics of the payment in lieu agreement. Councilmember Roush questioned the term of the agreement as "the life of the facility," asking whether that referred to the business and building or the building itself. City Attorney Magnuson explained it is difficult to craft an agreement that last in perpetuity, thus the reference to the life of the building. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2009-27, a resolution approving the development agreement for Select Senior Living of Stillwater (Case No. 08-49). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Discussion on term limits for HeritaQe Preservation. PlanninQ, Park & Recreation. Human RiQhts Commissions & and chanQinQ membership of Human RiQhts Commission and HeritaQe Preservation Commission. Possible approval of resolution (Downtown ParkinQ) and first readinQs of ordinances for other commissions relatinQ to term limits and membership chanQes City Clerk Ward reviewed her memo regarding current term lengths and the possible impact on the various boards/commissions should term limits be imposed, for example, in 2010. Motion by Councilmember Roush, seconded by Councilmember Gag to table this issue until discussion at the Council retreat in May. Motion passed 4-0, (Councilmember Polehna abstained). Discussion on Community Special Events Task Force City Clerk Ward stated she had forwarded comments from the Mayor and Council in her memo, It was noted that Ms. Ward had inquired of the League of Minnesota Cities regarding other cities' policies regarding special events but has not received any information back from the League at this time. In discussion, it was noted there are no pending special events that require immediate action, and it was agreed to table this to the first meeting in March. Page 9 of 13 City Council Meeting February 3, 2009 NEW BUSINESS Possible appointment of member to Plannino Commission (Resolution - Roll Call) City Clerk Ward stated interviews had been held and the recommendation is to appoint Scott Spisak to the Commission to fill an unexpired term of Erica Fultz ending January 1,2011, Motion by Councilmember Gag, seconded by Councilmember Roush to adopt Resolution 2009-28, approving appointment of Scott Spisak to the Planning Commission. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of 2009 fees for publications and services City Clerk Ward referred to the proposed fees included in the agenda packet, noting changes were indicated in red. She also noted that under Home Occupations, both Type II and III should be added. Mayor Harycki asked about the sandwich board fee and that he would like that fee to be reconsidered. Councilmember Gag noted the sandwich board was to be a $50 annual fee to be dedicated to downtown beautification projects. Councilmember Cook expressed a concern about the state of downtown and questioned whether sandwich board fees collected would be of any real significance in a beautification project; she thought the fee seems oppressive at this time to small businesses owners. Councilmembers Polehna and Gag noted that businesses were represented on the committee that considered this issue and fee and were supportive of the concept. Mayor Harycki spoke of fees as taxes, and he would like to have a general discussion of the issues in conjunction with City Administrator Hansen's report on potential additional budget reductions. It was consensus to table this issue until further discussion at a special budget workshop in March. Consider approval of the final desion for the Legends Park Well House Community Development Director Turnblad reviewed the final design of the well house, He said the design has been reviewed by the Legends Homeowners Association, which submitted five comments, four of which can be addressed. Mr. Turnblad stated one request of the association was to provide power and lighting in the picnic shelter/gazebo; Mr. Turnblad stated typically lighting and power are not provided in neighborhood picnic shelters, and therefore staff is recommending against providing that service. There was discussion about the gazebo. Mr. Turnblad noted that issue is related to the $90,000 the Water Board is giving for park improvements in exchange for the ability to place the well and well house in the park. He stated the Park Board has yet to make a recommendation regarding how that $90,000 is to be spent - whether the Page 10 of 13 City Council Meeting February 3, 2009 majority of the funds should be spent on the gazebo or on other improvements as well, such as play equipment, irrigation, etc; and that recommendation will be made after discussions with the Homeowners Association. He stated that at this point approval is being sought for the final design of the well house only, Councilmember Polehna suggested asking that stubs be provided should the decision ,be made to provide electricity to the gazebo at a later date. Motion by Councilmember Polehna, seconded by Councilmember Roush to approve the design of the well house as presented. All in favor. Consider approval of the 2009 CIP proiect list for Park and Trail Improvements Community Development Director Turnblad reviewed the proposed park and trail improvement program. Mr. Turnblad said if the Council agrees with the Park Board's proposed program, each project will come back to the Council as plans are completed and funding requested. Councilmember Polehna noted the Park Board did a lot of work on the program and there was a lot of discussion regarding the proposed trail improvement (McKusick Lake loop). Councilmember Polehna said he had questioned the cost of two picnic tables for Lowell Park (one of the park improvement projects) and had suggested that the Park Board develop standards for tables, trash receptacles and other standard items. Mr. Turnblad reiterated that the Council would not be committing to specific expenditures, but to the proposed work plan. Motion by Council member Polehna, seconded by Councilmember Roush to approve the Park Commission's work plan for 2009. All in favor. Possible approval to capital outlav purchase Skid steer replacement - Public Works City Administrator Hansen recommended approval, stating it is a good deal for the City because the City receives a brand new piece of equipment that is fully warranted for $1,500 a year. Councilmember Roush said he thought this was a fiscally responsible way to proceed Motion by Councilmember Roush, seconded by Councilmember Gag to approve the purchase of the Skidsteer as presented. All in favor. Possible appointment of Councilmembers to serve as trustees for Stillwater Fire Relief Association Mayor Harycki noted that in the past, he and one other Councilmember have served as trustees. Councilmember Gag volunteered to serve. Fire Chief Glaser reviewed the makeup of the board of trustees and stated generally the trustees meet quarterly with financial advisors for the retirement fund. It was suggested this be added to the annual list of appointments. Councilmember Roush also volunteered to serve. Page 11 of 13 City Council Meeting February 3, 2009 Motion by Councilmember Polehna, seconded by Councilmember Gag to appoint Councilmembers Gag and Roush to serve as trustees for the Fire Relief Association. All in favor. Possible approve of promotion of Tim Moore to Assistant Public Works Superintendent City Administrator Hansen noted that when the 2009 budget was developed, one of the ways the budget was balanced was by transferring some personnel, taking one position out of Engineering and moving it to Public Works and then not filing one position scheduled for retirement but creating a new Assistant Public Works Director position. He stated interviews were held in December, with Tim Moore judged to be the best candidate. City Administrator Hansen said he would not want to make the move, however, if the new position is unsecure, noting that currently Mr. Moore has long tenure with AFSCME and would lose that tenure if transferred. City Administrator Hansen said the promotion is in keeping with the plans developed last August and believes it is a good move. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2009-29, approving promotion of Tim Moore to Assistant Public Works Superintendent. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None COUNCIL REQUEST ITEMS Mayor Harycki said he would like to see the development of an annual work plan, listing tasks such as annual appointments, reviews, adoption of fees, etc. Mayor Harycki stated he would like to revisit the cost of the downtown parking permit with an eye toward encouraging residents to visit and support the downtown businesses, and he suggested directing the Parking Commission to look at the issue. It was consensus to have the Parking Commission look at the issue as suggested by the Mayor. Councilmember Roush stated he, Council member Polehna, Chief Gannaway and Public Works Director Sanders had met with the Liberty Homeowners Association and suggested putting the traffic issue on the agenda for the next meeting. Mr. Sanders suggested that he talk with the Homeowners Association and the School (Rutherford Elementary) regarding a safety program utilizing crosswalks. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Roush to adjourn at 9:05 p.m. All in favor. Ken Harycki, Mayor Page 12 of 13 City Council Meeting February 3, 2009 ATTEST: Diane F. Ward, City Clerk Resolution 2009-22, directing payment of bills Resolution 2009-23, resolution commending various board & commission members for their service to the community 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 Resolution 2009-25, approving agreement with John T. Ballis Resolution 2009-26, 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 . Resolution 2009-27, a resolution approving the development agreement for Select Senior Living of Stillwater (Case No. 08-49). Resolution 2009-28, approving appointment of Scott Spisak to the Planning Commission Resolution 2009-29, approving promotion of Tim Moore to Assistant Public Works Superintendent Page 13 of 13 City o~ g tiQQwatell, uU innegota Cellti~icate o~ cApplleCiation pltegetlted to RONALD N. JOHNSON WHEREAS, RON JOHNSON, HAS RETIRED FROM CITY EMPLOYMENT, EFFECTIVE JANUARY 31, 2009. NOW THEREFORE, BE IT RESOLVED, BY TH~ CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA, THAT FOR HIS DEDICATED SERVICE TO THE CITY OF STILLWATER, RON JOHNSON IS HEREBY COMMENDED; THAT RECOGNITION BE GIVEN TO THE FACT RON JOHNSON HAS SERVED THE CITY FAITHFULLY, EFFICIENTLY AND COURTEOUSLY FOR OVER TWENTY SIX YEARS OF CONTINUOUS SERVICE. THE COUNCIL REGRETS THAT HE IS RETIRING FROM CITY EMPLOYMENT, BUT EXTENDS TO HIM ITS APPRECIATION FOR HIS DEDICATED SERVICE. BE IT FURTHER RESOLVED, THAT THE CITY CLERK IS HEREBY AUTHORIZED AND DIRECTED TO ENTER THIS CERTIFICATE OF APPRECIATION UPON THE OFFICIAL RECORD OF PROCEEDINGS OF THE COUNCIL AND TO DELIVER A CERTIFIED COPY THEREOF TO RON JOHNSON. ADOPTED BY THE CITY COUNCIL THIS 17TH DAY OF FEBRUARY, 2009. ~ LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2008-30 1ST Line/Leewes Ventures LLC 3M Ace Hardware Action Rental, Inc. Animal Humane Society Aramark Uniform Services Aspen Mills AT&T Brady, Doug Burnsville Police Department CARQUEST Auto Parts CATCO Parts and Service Cities Digital Coca-Cola Bottling Company Consolidated Welding Supply Cub Foods Enterprise Products Operating Fastenal Company Fire Engineering Fred's Tire Company GCR Minneapolis Truck Tire Center Goodin Company Gopher State One Call, Inc. Grand Casino Hinckley Hotel Hartland Fuel Products, LLC Haussner Plumbing, LLC Hotsy Equipment of Minnesota Hugo Feed Mill International Association Kath Companies Kirvida Fire, Inc. L & D Sign League of Minnesota Cities Loffler Companies, Inc. M J Raleigh Truck Co. Magnuson Law Firm Menards Metropolitan Council MN Occupational Health MN Office Of Enterprise Technologies MN State Fire Marshall Newman Traffic Signs Office Depot Office Max Onvoy OUR Designs, Inc. Concession Supplies Sign Dating Stickers Equipment Repair Supplies Concrete 4th Quarter Humane Society Fees Towels, Mats, Mops, & Uniform Cleaning Uniforms Telephone Mileage Reimburse Crime Scene Investigation Course Auto Batteries Equipment Repair Supplies Permitworks Integration Soda for Concession Welding Supplies Concession Supplies Propane - Rec Center Equipment Repair Supplies Subscription Tire Change Tires Equipment Repair Supplies Billable Locate Tickets Hotel Reservation for Continuing Education Fuel Repair Toilet Women's Basement Locker Rm Equipment Repair Supplies Chamber Set Float Membership Dues Equipment Repair Supplies Fire Engine Repairs Repair Light in Parking Lot 2009 Reducing Energy Costs in Local Gov Phone System for Rec Center Clean Sand Professional Services Through 02/12/09 Equipment Repair Supplies March 2009 Wastewater Service On Site Drug Collection January 2009 WAN Sprinkler System Hydraulics Plan Review Street Signs Office Supplies Office Supplies Monthly Telephone Fire Department Badges 261.20 23.28 282.35 10.65 1,297.55 661.33 556.67 63.61 72.60 1,300.00 1,309.35 2,497.43 1,500.00 667.85 168.12 133.14 9,298.80 510.34 29.95 21.43 376.87 70.45 181.20 110.38 4,815.87 54.00 379.80 42.50 254.00 2,083.73 1,172.62 144.26 40.00 8,323.24 70.00 6,751.83 264.66 110,865.59 290.00 140.83 40.00 263.78 42.38 149.08 512.10 308.95 EXHIBIT" A" TO RESOLUTION #2008-30 Quill Corporation Riedell Shoes, Inc. RiverTown Newspaper Group Sprint PCS St. Croix Boat & Packet Co. Stillwater Area Schools Stillwater Collision & Restoration Stillwater Towing Strategic Insights, Inc. Sun Newspapers SW /WC Service Cooperatives Toll Gas & Welding Supply TR Computer Sales, llC USAble Life Washington County Assessment Washington County Property Records Washington County Recorder Ziegler, Inc. LIBRARY Ace Hardware Baker & Taylor Baker & Taylor, Inc. Budget Lighting, Inc. BWI Book Wholesalers Ersland , William Hansen, Ann Linner Electric Co. Newhouse, Marija Papco, Inc. Peterson, Craig Random House, Inc. RiverTown Newspaper Group Security Response Services Inc Washington County Library Washington County Surveyor Xcel Energy Office Supplies Skates for Resale Publications Cell Phone January 2009 Arena Billing Coffee/Durring Elections Squad Car Repairs Vehicle Towing Capital Planning Software Maintenance Special Use Permit Retiree Health Insurance Equipment Repair Supplies Software Term Life Insurance Audit Reports Contract For Deed Recording of Documents Repar Plow/Dump Truck Engine Janitorial Supplies Library Books Library Books Light Bulbs Library Books Art Storage Bin Business Card labels Repair Lighting Refund Security Deposit Janitorial Supplies Security Library Books Advertisement Maintenance Contract Telecommunications Plat Books Electricity Page 2 65.44 11.16 112.00 86.84 57,751.16 31.00 4,079.60 79.88 718.88 213.03 43,294.44 27.81 995.00 415.92 220.00 88,103.00 631.80 527.79 493.04 334.26 2,467.11 80.94 29.80 448.00 14.41 2,127.00 15.00 82.04 35.00 48.00 48.45 155.67 782.40 56.00 5,878.42 City Council DATE: February 9, 2009 REQUEST: SHPO FY 2009 CLG Grant Application CC MEETING DATE: February 17,2009 PREPARED BY: . Michel Pogge, City Planner ~ BACKGROUND The City is now approximately half way through the second phase of the Heirloom and Landmark Sites project and it is time again to apply for a CLG Grant for the third phase of the project. Staff has prepared the attached grant application which represents the third phase of what is anticipated to be the last phase of the project. This phase of the project would include the following work elements: · Complete detailed histories for all 61 Landmark Sites. The histories will be completed by a qualified consultant meeting the Secretary of the Interior's Professional Qualifications Standards. Data from the completed histories will be delivered to Minnesota Historical Society in an electronic database format. Histories will also be available on the City's website. Future Phases Once this phase of the project is completed, the City anticipates that a local designation program for individual properties and neighborhoods will be established by the City, Grant Budget The third phase of the project is budgeted to cost $17,034.00. The request is for a $7,500 grant from the Minnesota Historical Society. The City portion of the grant would include a $7,500 cash match to pay the consultant, $1,534.00 of in-kind City Staff time to support the project, and $505.00 of donated time of HPC members and cost of printing and postage. A detailed budget is included in the grant request. The Council does not need to make a final decision to accept the grant and commit the matching funds until late April or early May. FY 2009 MNHS CLG Grant Application Page 2 HPC ACTION The HPC reviewed the grant application and recommend that the City Council approve the City's FY 2009 CLG Grant Application to the Minnesota Historical Society. RECOMMENDATION Review and consider approving the City's FY 2009 CLG Grant Application to the Minnesota Historical Society. attachment: FY 2009 CLG Grant Application AUTHORIZING THE CERTIFIED LOCAL GOVERNMENT GRANT APPLICATION THROUGH THE MINNESOTA HISTORICAL SOCIETY BE IT RESOLVED, by the City Council of Stillwater, Minnesota authorizes the FY 2009 Certified Local Government grant application through the Minnesota Historical Society with a grant request of $7,500.00 and a local match of $9,952.40 ($7,500.00 cash, $1,534.00 In-kind; and $505.00 donated). Adopted by the City Council this 17th day of February, 2009. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Appendix I Minnesota Historical Society Certified Local Government Grant Application Date Received MHS Number Applicant 1. Applicant: Name of City - City of Stillwater Mailing Address 216 North Fourth Street City/State/Zip Stillwater MN. 55082 CLG Certification Date 1/1988 Contact Information 2. Authorized Official: 3. Fiscal Officer: Larry Hansen Signature 216 N 4th Street Street Address Ken Harvcki. Mayor Print Name Stillwater MN 55082 651-430-8800 Telephone Number 4. Project Director: 5. Heritage Preservation Commission Chair Michel Pogge Name Howard Lieberman 216 N 4th Street Street Address 216 N 4th Street Street Address Stillwater MN 55082 Stillwater MN 55082 City/State/Zip 651-430-8822 Telephone Number 651-430-8822 Telephone Number Project Information 6, Project Description: This is the third phase of the City's Heirloom and Landmark Sites designation program, This phase will review and include the 61 Landmark Sites identified in Donald Empson's Designating Historic Homes and Historic Districts from June of2006 on the City's Heirloom and Landmark Sites website. 7, Budget Summary Grant funds $ 7,500.00 Applicant Match $ 9,539,00 Total Project Budget $ 17,034,00 8. Project Duration 711/09 thru 7/31/10 9. Project Area (please check) o A. Comprehensive Planning 0 o D. Local Designation Forms 0 . F. Public Education (please specify) B. Survey 0 C. Evaluation E. National Register Nomination Form 10. Detailed Project Description (use additional sheets as needed) Applications must include ALL INFORMATION REQUESTED for the project area checked above as outlined in Part III pages 2-5 of the Certified Local Government Grants Manual. Include a discussion of how this project reflects the goals and strategies outlined in the 2006-2010 statewide preservation plan. The City of Stillwater is seeking funding for the third phase of the City's Heirloom and Landmark Sites Program. The overall program consists of three main components. First is a web site that highlights and educates the community on significant historic properties within the City, Second, the web site includes educational links related to appropriate rehabilitation guidelines from the National Park Service's Preservation Briefs series along with material that is specific and important to Stillwater historic properties. Third, the program will recognize and honor property OWflers that own and maintain significant historic properties in the City of Stillwater. In the future, this program could also lead to a local designation program for the community's historic residential neighborhoods and its homes. Description of the activities which have resulted in the identification of the properties to be evaluated: This program is based on a series of previous CLG grant-funded projects. Since 1992, the city has completed ten architectural surveys in which significant historic structures were identified. In 2005, a Donald Empson was retained as a consultant to the City to evaluate the survey information and develop a plan to implement a local designation program. Mr. Empson recommended a two-tier program consisting of 1) Heirloom Homes and 2) Landmark Houses and Sites. Heirloom Homes are a cross-section of homes representative of nineteenth-century Stillwater containing a fair amount of their original design elements. These homes are generally not eligible for listing in the National Register of Historic Places, but due to local significance have the potential to be recognized in some manner. Landmark Houses and Sites are the finest historic homes and most remarkable sites in Stillwater. They have architectural integrity and strong ties to the history of Stillwater. These properties may be eligible for or already listed in the National Register of Historic Places and have the potential for local designation. The analysis of the survey data resulted in the identification of 837 properties that could potentially be included in the program -776 Heirloom Homes and 61 Landmark Houses and Sites. Project products, steps and responsible party: The main element ofthe program is the interactive website that features Stillwater's significant historic properties. Each property listed will include a photo (both a current photo and, if available, a historic photo), location map and specific information including construction date, builder, architect, architectural style, and a narrative, The information for these listings will come from a variety of primary and secondary sources in order to complete a detailed survey ofthe property. Sources could include previously completed architectural surveys, previously completed SHPO inventories of surveyed properties, insurance maps, city directories, photographs, and other sources. The first step of implementing the program was to develop a web infrastructure to support to the program. This phase ofthe project was funded with a CLG grant in 2007-2008 and has been completed. The site can be found at http://www.stillwaterhistory.com. The key to the site is the ability to search for properties in a multitude of ways and to create personalized walking guides for these sites. With the first grant in 2007-2008,69 Heirloom Homes were added to the website. The initial website development was completed. The second phase of the project is currently underway and funded in part with a 2008-2009 CLG Grant. Initially this phase of the program aimed to complete inventories on an additional 300 of the Heirloom Homes. After much work, it became clear that completing 300 additional inventions in one year was unrealistic for the quality of work that the City and Consultant desired. The consultant for the second phase of the project is taking approximately 10 hours per property to complete research on the property, meet with the property owner to review their home and to educate them on major original & unique feature of their home, write the narrative on the home, and review the listing with the homeowner. Additionally, after reviewing several of the homes that were initially identified as potential Heirloom Homes it was felt that not all 700+ of them should be listed in the program. Therefore, the City is now aiming to complete 60 to 65 histories for this second phase of the program for a total of approximately 125 Heirloom Homes between the first and second phases of the project which represents the "best of the best" from the group of potential Heirloom Homes. Two examples are attached as Attachment "A". This will also complete the majority of the Heirloom Homes that will be listed on the site. In the future, additional homes maybe listed; however, this will be done on a case by case basis and it is unlikely the city will complete a mass listing similar to the efforts currently underway. PROJECT STEPS: Complete histories. July 1,2009 - June 30, 2010. For the next phase the City is proposing to have the 61 identified Landmark Sites reviewed and included on the program's website. The 61 Landmark Sites come from Donald Empson's Designating Historic Homes and Historic Districts dated June of2006. An excerpt of the report with a description on each of the 61 sites is attached as Attachment "B". Since these sites represent Stillwater's significant historic sites there is limited information available on each of the sites; however, a comprehensive and detail review on these sites has never occurred. The aim of this phase is to complete consistent detailed histories on each of these sites. A consultant will be hired to complete a website listing on each of the Landmark Sites. A variety of sources including previously completed SHPO inventories of surveyed properties, insurance maps, city directories, photographs, and other sources will be used to create the information that will be posting on the web site. The consultant will also solicit voluntary participation for property owners employing a verity of means including: letters, open houses, and personal contact with the property owners. If the property owner voluntarily agrees, the completed inventories will be added to the website once they are completed. Additionally, the property owner will receive recognition from the City Council and HPC. The final inventories will be reviewed and approved by the HPC and SHPO. ADDITIONAL WORK ELEMENTS: Standards to be followed: A qualified consultant (meeting the Secretary of the Interior's Professional Qualifications Standards outlined on page 44738 in the Federal Register of September 29, 1983) will be hired to evaluate properties that have been identified as potential local designation candidates in the previous surveys. The project will conform to the Secretary of the Interior's Standards for Survey and Evaluation (outlined in the Federal Register of 9-29-83) and the MN SHPO's Guidelines for ArchitecturelHistory Projects (July 2005). The consultant will use the city's historic contexts to evaluate each of the properties. In addition, the consultant will use the following criteria established by city ordinance: (a) Its character interest or value as part of the development heritage or cultural characteristics of the City of Stillwater, State of Minnesota or United States; (b) Its location as a site of a significant historical event; (c) Its identification with a person or persons who significantly contributed to the culture and development of Stillwater; (d) Its embodiment of distinguishing characteristics of an architectural style, period, form or treatment Its identification as work of an architect or master builder whose individual work has influenced the development of Stillwater; (e) Its embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation; and (f) Its unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, community or the City of Stillwater. Relationship to statewide plan: This project relates to Goal #1, "Create statewide awareness of and appreciation for the value of Minnesota's historic and archaeological resources" and Goal #5, "Expand and enhance efforts to identify, evaluate and designate historic and archaeological resources" ofthe MNSHPO's statewide preservation plan issued in 2006-2010. The information developed through the project will be web- based and will inform citizens ofthe state and beyond about the historic assets in Stillwater. This project also moves the community closer to establishes a local designation program for residential properties to increase recognition and protection of these resources. Cost to the Public: The City of Stillwater does not intend to charge the public for any of the work developed as part of this grant. Additionally the public will be able to view, without charge, the website developed as part of this project. 11. Project Products This project is the third phase of what is anticipated as a three phase program to recognize the "Heirloom Homes" and the "Landmark Sites" in the City identified in the Designating Historic Homes and Historic Districts report by Mr. Donald Empson dated July 2006. Copies of all ofthe work products will be forwarded to SHPO. The third phase ofthe project would include the following: . Complete detailed histories for all 61 Landmark Sites. The histories will be completed by a qualified consultant meeting the Secretary ofthe Interior's Professional Qualifications Standards. Data from the completed histories will be delivered to Minnesota Historical Society in an electronic database format. Histories will also be available on the City's website. Future Phases Once the third phase of the project is completed the City anticipates that a local designation program for individual properties and neighborhoods will be established by the City in the future. 12. Community Support The Stillwater Heritage Preservation Commission, Planning Commission and the Stillwater City Council have been monitoring the surveys and strongly support the program. As property have been listed on the site, a number of the property owners have provided notes of support and gratitude for both the information that was developed on their home but also the honor of being part of the program. Cash and match in-kind services amounting to $9,539.00 will be contributed to the 200912010 project. 13. Project Impact This project will serve as an education tool for both the Community of Stillwater and to the larger community. This project will also provide a complete set of inventories for all of the Heirloom and Landmark Sites in the City of Stillwater. Finally, the project will provide a basis for any future local historic designations of sites, buildings and districts. 14. Project Personnel The City of Stillwater will retain the services of a qualified consultant to assist with the research and evaluation and report writing. This consultant will meet the Secretary of the Interior's Professional Qualification Standards (as published in the Federal Register of February 29, 1983) as stipulated in the project description. To assist the consultant, the Heritage Preservation Commission and Stillwater Planning staffwill solicit the participation of local historians and the Washington Historical Society to help gather information and photos on these sites. The City Planning Department will be responsible for the management of the grant and serves as staff to the Heritage Preservation Commission. The City has budgeted 50 hours to the management of the grant and the project. 1S D t 'I d P . t B d t . e al e rO.lec u lee Applicant Match Budget Item Grant Cash In-Kind Donated Total Consultant - 566 hours @ $30/hour $ 7,500.00 $ 7,500.00 $15,000.00 Project Director -- 50 Hours @ $30.68 $ 1,534.00 $ 1,534.00 HPC Meeting $ 280.00 $ 280.00 Photo Copies/Stamps $ 225.00 $ 225.00 TOTAL A. $7,500.00 B. $ 7,500.00 C. $ 1,534.00 D. $505.00 E. $17,039.00 Column A must not exceed the total of Columns B + C + D Attachment "A-1" Held ooni mark La nd .ka1.12... op'.1i-k • Home • Properties • About the Program • Rehabilitation • Search Properly 1 nlorrna Printer-rricildtv Version • - • 1111 ii • sr • A.!, it .1 r . ; . - . • 4WD Suki Thoris5er • - - • - 215 Pine St W Circa 1905 Courtesy of the homeowner Ceramic fireplace Built in china cupboard The House of Spirits This lovely Queen Anne style house with its turret, fish scale shingles, sunburst panel on the second floor window bay, parquet floors, and a ceramic fireplace was built in 1890 by Joseph and Anna Eichten The original house included a toilet and a copper bath tub installed by M.M. Peaslee, a local plumber - whose office was on Water Street. The prime lot was previously the site of the Second Presbyterian Church. At the time of construction, Eichten was a wholesale dealer in spirituous liquors and a saloon owner. He was born in January of 1855; came to Minnesota in 1869, and to Stillwater the following year. A successful businessman, Joseph became the President of the Connolly Shoe Company in 1907, a position he held until 1931. Faced with the collapse of the lumber industry, and the resulting loss of jobs and income in the city, a group oflocal businessmen, after considerable discussion, established the Connolly Shoe Company in 1905. The company goal was to manufacture shoes, to provide jobs for local residents, and to help stem the economic decline in the city. The company lasted in one form or another for over 70 years, and many of the older residents remember it fondly. The manufacturing building they built remains at 123 N. Second Street with its name still visible on the south side. In 1907, Frank Linner, a local contractor, replaced the original small portico on Eichten'shouse at 215 West Pine Street with a large wrap-around porch decorated with dentils and colurrms typical of that period. Another room and a bathroom were added to the house at the same time. After a long and prosperous life, Eichten died in his home in 1940. His daughter lived there until 1950, after which the house fell on hard times. FortwJately, new owners have burnished the house back to its full splendor, and many of the original 1890 elements, including the windows, doors, woodwork, fireplace and wood floors remain. Source(s): The 1879 Bird's Eye View Map shows a drawing of the church on this site. Book 32 of Deeds, page 247 details Eichten's . purchase of the land. The 1891 original annual tax assessors' report (on microfilm in the St. Croix Collection, Stillwater Public Library) indicates a value on the property of $2,400. The beginnings of the Connolly Shoe Company are explored in the History of the St. Croix Valley by Augustus Easton, 1909, Volmne 1, page 291. Eichten's household is listed in the 1910 Census, and his obituary is in the Stillwater Gazette, March 2, 1940. City of Stillwater Building Permit Applications # 1500 and #50 (Plumbing). Washington County Parcel Identification Number (PIN): 2803020430060 Common Property Name: Eichten, Joseph & Anna State Historic Preservation Office Inventory Number: _ Construction Date: 1890 Builder: Architect: Architectural Style: Queen Arme Property infonnation and narrative was compiled by: Donald Empson, Empson Archives - Attachment "A-2" • Home • Properties • About the Program • Rehabilitation • Search Propel ty Information Printer -friendly Version 506 Pine St W Circa 1900 Courtesy of the W.C.H.S. Click on photo to enlarge NIS 101 R siTE wirrj Agamaiiimum ,41 7i 1:1 ---ImalaAr.. lY 1.14: Click on photo to enlarge Campbell, Hugh D., House This grand Queen Anne style residence was constructed circa 1890. The two-story, frame house has a limestone foundation, clapboard siding, a hipped roof, and one -over -one double -hung windows with transom windows above. The steeply pitched roof, irregular roofline with a dominant front facing gable, patterned shingles, sunburst patterns, and the wraparound porch with turned columns and spindlework in the railing and frieze are characteristics of the Queen Anne style. The house features many dormers of different shapes and sizes including hipped and pedimented front gable with a small window. A highly ornamented, one -and - a -half -story carriage house is located in the rear yard. The carriage house has a limestone foundation, a jerkinhead roof with a central cupola, front gable dormers, one -light fixed windows, and double -leaf sliding glass doors. Both the house and carriage house have been converted into apart:rrx:nts. It is unknown who constructed this house. According to the 1908-1909 city directory, Hugh D. Campbell, the treasurer of the Eclipse Sawmill Company, lived in the house with his wife Mimrie and their son Hugh B. who was a student. Mr. Campbell added the one-story porch on the rear elevation in 1909. By 1910, Campbell owned his own lumber business at 113 South Main Street. In 1912, Campbell's business Imved to 226 East Myrtle Street. When Campbell was elected to serve as a Stillwater cotUlcilman in 1917, he, his wife, and their daughter, Dorothy M. Campbell, lived in the house. According to the 1927 -1928 city directory, Mimrie Campbell, Hugh D. Campbell's widow, was the primary resident and continued to inhabit the house through the 1930s. Washington County Parcel Identification Number (PIN): 2803020340068 Common Property Name: Campbell, Hugh D., House State Historic Preservation Office Inventory Number: W A-SWC-1703 Construction Date: Circa 1890 Builder: Architect: Architectural Style: Queen Anne Property infonnation and narrative was compiled by: The 106 Group - 9/15/2008 Empson Report Attachment "B" Excerpts from Designating Historic Homes and Historic Districts. Report to the Stillwater Heritage Preservation Commission By Donald Empson, Consultant July 2006 Stillwater Landmark Sites Landmark Houses and Sites are the finest old houses and the most remarkable sites in Stillwater. They have architectural integrity and they have a strong connection to the history of Stillwater. These are sites I believe might be eligible (or are already on) the National Register of Historic Places under Criteria A, (significant happening), Criteria B (significant people), or Criteria C (significant architecture.) In Stillwater the choice has been made to maintain a Stillwater (local) version of the National Register, rather than seeking National Register designation of our local sites. 1.) 805 Abbott Street. Janda House. Generally known as the "Janda" house, this home was built in 1880 by Peter and Mary Jourdain; he was a wealthy lumberman. In 1923, the Jourdain family sold the house to Louis and Mary Janda, owners of a department store in downtown Stillwater. This commodious and fancy house in an Eastlake Stick style with its profusion of roof lines, and estate occupying six lots, remains nearly as original as it was over a century ago. More information can be found in Empson: Holcombe Additions Survey and Larson. 2.) 706 West Anderson Street. Hanley House. This wonderful stone house (the only one in Stillwater) was built about 1862 by Michael and Mary Hanley. He was a local stonemason who helped in the building of St. Michael's Church. Like others in the neighborhood, it was the type of small home built by families around the time of the Civil War. For more information, see Empson: Holcombe Additions survey. 3.) 12588 Boutwell Road. Boutwell House. Rev. William T. Boutwell, and his wife, Hester Crooks (daughter of Ramsey Crooks) are figures of statewide significance. Born in New Hampshire, William came to the Northwest in 1831 as a Protestant missionary. He was with Schoolcraft at the discovery of the source of the Mississippi River and supplied the name Itasca. He later served as a missionary to the Ojibway moving to the Stillwater area in 1847. The present Boutwell house at this address appears to date from the 1870's. 1 Empson Report 4.) Across from 12588 Boutwell Road. Boutwell Cemetery. The Boutwell Cemetery, containing members of the Boutwell Family, is owned by the Washington County Historical Society. 5.) 1122 North Broadway. Carli House. This house was built by Christopher H. Carli, Jr. (the son of Stillwater pioneers Lydia and Christopher Carli) in 1886. Christopher, along with his mother, operated the north hill quarry along the east side of North Broadway, a quarry which supplied much of the stone used in nineteenth century Stillwater. The house has only had two owners, and remains in very original condition; it is an excellent example of a middle class home of the period. More information can be found in Empson: South Half of the Carli & Schulenburg Addition survey. 6.) 651 South Broadway. Castle House. Luke B. Castle was one of the pioneers of Stillwater, who came to Stillwater in 1867 where he worked in a variety of occupations. His house was built in 1879 upon land purchased from Fayette and Emma Marsh. In the 1930's, after the house went into foreclosure, a large two story addition was removed from the back of the house. Although not as elaborate as some of the neighboring homes, this house does have a sense of integrity. Many people know Brad Castle, Luke's grandson. 7.) 435 South Broadway. Webster House. This early cube Italianate house, said to be built in 1862, is capped by the only cupola left in the city. The location offered the builder, Mortimer Webster, a stunning view of the riverscape. This house is on the National Register of Historic Places. More information can be found in Larson's book. 8.) 117 East Burlington Street. Welshons House. Gordon Welshons was the owner of St. Croix Lumber Company in Bayport when this house was built in 1887 and remodeled in 1902. Mahogany wainscoting lines the dining room, seven rooms have parquet floors, and the walls were originally covered with hand-painted papers and gold leaf. There are still members of the Welshons family in Stillwater. More information can be found in Larson's book. 9.) 618 East Burlington Street. Brown House. Built in 1874 by Edward Brown, partner in the Hersey, Bean & Brown Mill below the bluff, this stately house has both Greek Revival and Italianate characteristics. More information can be found in Empson: Hersey, Staples & Co. Addition survey. 2 Empson Report 10.) 106 East Chestnut Street. Cutler House. This elaborate Italianate house (which has a large modern addition as an ell) was built in 1868-1869. The Republican newspaper called it "a fine residence" and a "Minneapolis house." At the time it was built, it was on the western edge of downtown. For more information, see Larson. 11.) 114 East Chestnut Street. Brunswick House. Some claim this is the oldest house in Stillwater, built by Carl Penny about 1849 when it served as the IOOF lodge. However, Larson places the building as having been built in 1856, which would place it among the earlier houses of the city, but not the first. For more information, see Larson. 12.) 208 West Chestnut Street. Nichols House. Built as a countrified Gothic Revival parsonage in 1857, this house with its steep gables, fanciful vergeboards, and picturesque profile is one of Stillwater's gems. For more information, see Larson. 13.) 220 West Chestnut. James S. Anderson House. This Greek Revival house perched on the edge of the cliff is surely one of the earliest houses in the city, but it requires more research. It is mentioned in the South Hill survey. 14.) 622 West Churchill Street. Mulvey House. Built in 1878 by James and Miranda Mulvey, this impressive Italianate house serves as a B & B today. Mulvey was a lumberman, and the family lived in the house for three-quarters of a century. More information can be found in Empson: Holcombe's Additions survey and Larson. 15.) 717 West Churchill Street. Warner House This charming residence, built before Minnesota became a state, is one of the gems of the city. With its broadside symmetrical front to the street, and its Greek Revival return eaves, it is representative of the small houses in which the majority of the population of Stillwater lived 145 years ago. 706 West Churchill and 310 West Churchill are other examples of small pre-Civil War homes. More information can be found in Empson: Holcombe's Additions survey. 16.) 404 West Elm Street. Berglund House. This house, built in 1887, was the home ofSven Berglund, a Swedish carpenter, who later formed the Stillwater Manufacturing Company. Both the house, a Queen Anne style, and its owner are significant history in Stillwater. More information can be found in Larson. 3 Empson Report 17.) 625 North Fifth Street. Sauntry Gym. Inspired by William Sauntry's tour of the Alhambra in Granada, Spain, this "Moorish Palace" was the most fantastic of all Stillwater's lumberman's fantasies. The building, now a residence, once contained a conservatory, bowling alley, and swimming pool. 18.) 407 South Fifth Street. St. Mary's parish house. This neat brick house, associated with the church next door, looks to have been built about 1870-1880. While little is known about his residence, further research would, I am sure, justify its inclusion as a Stillwater Landmark. 19.) 416 South Fifth Street. Seward House. Built about 1886, Larson writes: "In a city filled with architectural eccentricities, this is perhaps the most peculiar of all. Built when cupolas and square towers were well past their zenith in house fashions, it pushes each form in directions that wo';ld have horrified the designers of 'correct' Italianate dwellings." Victor and Elizabeth Seward were publishers of a Stillwater newspaper. For more information, see Larson. 20.) 504 South Fifth Street. Jenks House. Austin and Harriet Jenks had this brick "home built in 1880. Its tall windows and corner tower recall the Italianate villas of the 1860s. CaptaiR Jenks was active in the lumber trade. On the National Register. For more information, see Larson, nomination forms. 21.) 1018 South First Street. Nelson School. Named for early pioneer and landowner, Socrates Nelson, this "modern" school was opened in 1897. Almost demolished in the 1970s, today the school is divided into condominiums. On the National Register. For more information, see Empson: Churchill, Nelson & Slaughter's Addition survey, nomination forms. 22.) 223 North Fourth Street. Carnegie Library. A local landmark. 23.) 303 North Fourth Street. Hospes House. Built about 1892, this house united the two lumbering families of Hospes (Adolphus) and Staples (Aurora). Remarkably complete for its age, situated next to the library, the house today is a B. & B. For more information, see Larson. 4 Empson Report 24.) 626 North Fourth Street. Sauntry House. On the National Register of Historic Places, this 28-room house was built by William Sauntry at the end of the nineteenth century. It has lost some of its ornament and today functions as a B & B. More information can be found in Larson, and the nomination forms for the National Register. 25.) 1121 North Fourth Street. Minnesota Hospital. Seymour, Sabin & Co. built this elegant house with a central hallway and front bay in 1878. In the mid-1880s it served as the Minnesota Hospital, one of three hospitals in Stillwater at the time. The owners used an early form of health insurance to finance this private venture. For more information, see Empson: South Half of Carli & Schulenburg Addition survey. 26.) 220 South Fourth Street. Proctor House. This elegant smaller Greek Revival was most likely built in 1854 by John Proctor, attorney for Elizabeth Churchill of the firm Churchill & Nelson, as well as a Warden of the Prison. For more information, see Larson. 27.) 416 South Fourth Street. Hersey House. This spacious house built in 1880 by Roscoe Hersey, a wealthy Stillwater lumberman is on the National Register of Historic Places. George Orff is said to be the architect. For more information, see Larson, nomination form for the National Register. 28.) 711 South Greeley Street. Lampi House. This classic bungalow was built in 1911 as a $1,000 dwelling by G. W. Tolen for his chauffeur and handyman, Herman Lampi. The elaborate woodwork inside this modest house came from the Holcombe/Nelson house when it was demolished to build the Tolen house at 720 Greeley. The Minnesota Historical Society has a tape recording of Herman Lampi talking about his experiences. For more information see Empson: Holcombe's Additions survey. 29.) 720 South Greeley Street. Tolen House. In 1911, Gordon Welshons Tolen demolished the original William Holcombe/Charles Nelson home on this site, and built the present home at a cost of $15,000. Both the site overlooking Lily Lake, and the present house have significant historical associations for Stillwater. For more information, see Empson: Holcombe's Additions survey. 5 Empson Report 30.) 812 South Harriet Street. Putz House. Perched on top of the ravine at a dead end street, this small house was built in the 1850s by Elizabeth and Robert Putz, the namesake of what was once Putz Street-now Martha. Before the Civil War, Peter Jourdain purchased the house where he and his family lived until moving into 805 West Abbott Street. (See Jourdain House.) For more information, see Empson: Holcombe's Additions survey. 31.) 304 South Holcombe Street. Torinus House. Built in 1902 by Louis and Mary Torinus, this is one of the last of the "lumber baron" houses, a mixture of several architectural styles. The Torinus family remains in Stillwater to this day. For more information, see Larson. 32.) 604 West Myrtle Street. Elisha Brown House. Built about 1856 in what was then a very unsettled portion of the city, this house retains much of its original integrity. Elisha Brown was a carpenter who lived in the house for over 20 years. For more information see Empson: Greeley Residential Area survey. . 33.) 118 West Oak Street. Potts House This gingerbread house was built (or.remodeled) about 1880 shortly after Philomena Potts purchased the property from Elizabeth Sawyer. With its dramatic position, it is a landmark in the city. It is particularly evident in the 1879 Birds Eye View map of Stillwater. For more information, see Larson. 34.) 306 West Olive Street. O'Brien House. The John O'Brien house is said to have been the first full-fledged Queen Anne house in Stillwater. O'Brien was active in both city and state affairs. Today it is the Rivertown Inn, a B & B. For more information, see Larson. 35.) 406 West Olive. Ernest Hospes House. The fortunes of the Hospes family are tied to the Schulenburg & Boeckler mill in Dutchtown. This is a good example of a modest lumber baron's home. For more information, see Larson. 36.) 713 West Olive. Ole Olsen House. Built in the 1890s, this Queen Anne house in brick is quite unusual for Stillwater, a lumberman's town. Olsen was a building contractor. For more information, see Larson. 6 Empson Report 37.) 518 North Owens Street. Streetcar Station. This industrial building was the beginning of the streetcar ride from Stillwater to St. Paul through Wildwood Park in Mahtomedi. More information is available. 38.) 101 East Pine. Historic Courthouse. Already on the National Register, it should be on Stillwater's Landmark House register as well. 39.) 223 West Pine Street. Whiteside House This is one of the few Gothic houses in Stillwater, and the only one in brick. Despite unfortunate alterations, it still commands attention. It was built about 1876 by John Whiteside, a plasterer. For more information, see Larson. 40.) 319 West Pine Street. Hersey-Bean House. Built in 1879 by Edward Hersey, one of the lumbermen of Stillwater. Probably designed by George Orff, this eclectic styled house is distinctive in Stillwater. For more information, see Larson. 41.).320 West Pine Street. Hersey-Atwood House. Built in 1883 by Edward Hersey after he sold his house across the street to Jacob Bean. Designed by the nationally famous architect, William H. Wilcox, it is said to be the first house in the state in the avant garde Shingle Style. Recently restored, this is a gem of a house. For more information, see Larson. 42.) 2007 Schulenburg Alley. Dutchtown House. This small house with its hatch in the loft is the only remaining example of what I have called "The Dutchtown House" in my Dutchtown survey (p. 25). Unfortunately the house sits on a double lot, and will probably be gone by the time it might be designated. Or the owner will not allow its designation. For more information, see Empson: Dutchtown Residential Area survey. (This house was recently purchased for destruction.) 43.) 504 North Second Street. McKusick House. This is the most complete example of French Second Empire Style in Stillwater. On the National Register (with the wrong date), the front part of the house was added to a small house in the rear in 1872 according to a newspaper article: Stillwater Messenger, July 12, 1872. For more information, see Larson. 7 Empson Report 44.) 1905 North Second Street. Mill Workers House. This is the second old house-with its barn-remaining in Dutchtown. Wonderfully intact, the house has been neglected and will could be demolished in the near future. For more information, see Empson: Dutchtown Residential Area survey. 45.) 437 South Second. Edward Durant House. This was the site of Edward Durant's Italianate house that appears in the Andreas Atlas. The house was apparently extensively remodeled around 1910. It has a commanding site. It is mentioned in the South Hill survey. 46.) 310 South Sixth Street. John Booren House . According to Larson, this house is typical of the carpenter-designed homes of the period. Because Booren was a member of the Stillwater Hardware Company, there is some unique hardware in the house. For more information, see Larson. 47.) 522 South Sixth Street. John Proctor House. This is the second John Proctor house in Stillwater. According to a newspaper listing of new construction, it was built in 1870, making it one of the first Italianate houses in the city. It is on a commanding lot as well. There is a mention of it in the South Hill survey. 48.) 204 North Third Street. Water Dep,artment Building. Nicely maintained with much of its original integrity, this building should be on any local register. 49.) 401 North Third Street. Register House. Larson calls this the most complete example of the Greek Revival in Stillwater. Built in the 1850s, this home is well maintained and preserved. For more information, see Larson. 50.) 510 North Third Street. Roney House. Apparently built is different pieces beginning in 1867, this striking Italianate house on its large lot is a commanding piece of Stillwater history. For more information, see Larson. 51.) 611 South Third Street. St. Michael's Church. There are several fine churches in Stillwater; this is highly visible and one of the best. Well documented in a recent history. 8 Empson Report 52.) 703 South Third Street. O'Shaughnessy House. Built in 1870 in what was then noted as a "suburb," this house is a testament to the O'Shaughnessy family who lived in Stillwater for close to a century. The 13th child of this family was Ignatius O'Shaughnessy, a leading philanthropist of Minnesota. For more information, see Empson: Churchill, Nelson & Slaughter survey. 53.) 704 South Third Street. Tozer House. Although modified over the years, this house retains the character of its 1874 origins. David Tozer was a prominent Stillwater lumberman. For more information, see Empson: Churchill, Nelson & Slaughter survey. 54.) 719 South Third Street. Glaspie House. John Glaspie was a businessman and developer in 1888 when he had contractor Thomas Sutherland build this Queen Anne house with the most monumental house tower in Stillwater. For more information, see Empson: Churchill, Nelson & Slaughter survey, and Larson. 55.) 821 South Third Street. Chalmers House. William Chalmer~ president of the St. Croix Lumber Company had local contractors Adolph Sprich and Eugene Schmidt built this substantial home designed by architect William Kingsley of St. Paul in 1895. For more information, see Empson: Churchill, Nelson & Slaughter survey, and Larson. 56.) 904 South Third Street. Joy House. Built by David Tozer in 1874, and quickly leased to Frank Joy, this pristine house with its old storm windows and other period details, situated on a prominent corner of the city deserves greater recognition. For more information, see Empson: Churchill, Nelson & Slaughter survey, and Larson. 57.) 1306 South Third Avenue. Lammers House. On the National Register, this most extravagant Queen Anne home was built by another lumber baron in 1893. It is said to have been constructed by Norwegian carpenters. For more information, see Larson. 58.) 1204 Third Avenue South. Dudley Hersey House. This relatively modest Italianate house has suffered some unfortunate alterations over the years, but I believe there are enough details-including some inside the house-to merit its inclusion on this list. It was one of the three lumberman's houses to be built on this block in 1874, making these among the first (remaining) lumber barons houses in Stillwater, and giving identity to this part of Stillwater. For more information see Empson: Hersey, Staples & Co. Addition survey. 9 Empson Report 59.) 205 East Walnut Street. Spencer House. Built about 1870, this is one of the few Gothic Revival houses in Stillwater and it happens to be set in a particularly romantic location. For more information, see Larson. 60.) 907 West Willard Street. Kern House. There are five of these cute 1890's small Queen Anne houses in Stillwater; all of them nearly identical. Three of them have been "restored," but this is the most recent restoration and best example. Each of them, however, is a treasure. 61.) Rutherford Cemetery. Manning Avenue north of Co. Rd. #12. This cemetery, established in the 1850s, served the "Rutherford Neighborhood" on both sides of Manning Avenue. 10 Memo DATE: February 13, 2009 TO: Mayor and City Council Sharon Harrison ~ Finance Director ~~ Reapportion of Assessments & Hookup Charge FROM: RE: According to Washington County, parcel number 21.030.20.24.0016 (1802 4th St N) has had a lot split done on this property back in June of2008. Also, on this property is an assessment from LI 350 (North Hill Project) remaining in the amount of$II,379.79 with 8 (eight) years remaining to be paid and a deferred hookup charge. Due to the lot split, this assessment needs to be reapportioned to the two new parcels. Staff recommends the following reapportion: OLD GEO CODE LI350 2008 BALANCE NEW GEO CODES LI350 2009 CERTIFICATION 21.030.20.24.0016 $11,379.79 $0.00 $11,379.79 21.030.20.24.0038 21.030.20.24.0039 $2,917.34 $8,462.45 $11,379.79 The deferred hookup charge also needs to be reapportioned to the new vacant lot. Staff recommends the following reapportion: OLD GEO CODE Deferred Hoop Charge NEW GEO CODE Deferred Hoop Charge 21.030.20.24.0016 21.030.20.24.0038 If council concurs with staff s recommendations, council needs to adopt a resolution for the reapportion of the assessment and the hookup charge. RESOLUTION 2009-32 REAPPORTIONING SPECIAL ASSESSMENTS FOR SUBDIVISION OF PARCEL NO. 21.030.20.24.0016 (1802 4TH STREET N) PURSUANT TO SUBDIVISION OF LAND WHEREAS, the City Council of the City of Stillwater has adopted assessments for Local Improvements No. 350 (North Hill Project); and WHEREAS, the property owner numbered has requested and received approval by the City Council for a subdivision of the parcel of land; and WHEREAS, it is the policy of the City of Stillwater to reapportion assessments for parcels that receive approval for subdivisions; and WHEREAS, the dollar amount of the special assessments outstanding for the parcels are as follows: OLD GEO CODE LI 350 2008 BALANCE NEW GEO CODES LI350 2009 CERTIFICA nON 21.030.20.24.0016 $11,379.79 $0.00 $11,379.79 21.030.20.24.0038 21.030.20.24.0039 $2,917.34 $8,462.45 $11,379.79 WHEREAS, the dollar amount of the deferred hookup charge the parcels are as follows: OLD GEO CODE Deferred Hoop Charge NEW GEO CODE Deferred Hoop Charge 21.030.20.24.0016 21.030.20.24.0038 NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Stillwater reapportions those special assessments as outlined above. Adopted by City Council this 1 th day of February, 2009. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk RESOLUTION 2009-33 RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY OF STILLWATER; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council (the Council) of the City of Stillwater, Minnesota (the City) as follows: 1. Recitals. a. The Internal Revenue Service has issued Section 1. 103 -18 of the Income Tax Regulations (the Regulations) dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the time for the issuance of the bonds. b. The Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of subsequently issued borrowing, that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within one year of the payment of the expenditure or, if longer, within one year of the date the project is placed in service, and that the expenditure be a capital expenditure. . c. The City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified. 2. Official Intent Declaration. a. The City proposes to undertake the following projects described on Exhibit A attached hereto. b. Other than (i) expenditures to be paid or reimbursed from sources other than a borrowing or (ii) expenditures permitted to be reimbursed pursuant to the transition provision of Section 1.103-18(1)(2) of the Regulations or (iii) expenditures constituting of preliminary expenditures as defined in Section 1.103-18 (i)(2) of the Regulations, no expenditures for the foregoing projects as identified on Exhibit A have heretofore been made by the City and no expenditures will be made by the City until after the date of this Resolution. c. The City reasonably expects to reimburse the expenditures made for the costs of the designated projects out of the proceeds of the debt (the Bonds) to be incurred by the City after the date of payment of all or a portion of the costs. All reimbursed expenditures shall be capital expenditures as defined in section 1.150-1 (h) of the Regulations d. This declaration is a declaration of official intent adopted pursuant to Section 1. 103-18 of the Regulations. 3. BudQet Matters. As of the date hereof, there are no City funds reserved, allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long term basis or otherwise set aside) to provide permanent financing for the expenditures related to the projects other than pursuant to the issuance of the Bond. This resolution, therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof, all within the meaning and content of the Regulations. 4. Filing. This resolution shall be filed within 30 days of its adoption in the publicly available official books and records of the City. This resolution shall be available for inspection at the office of the city clerk at the City Hall (which is the main administrative office of the City) during the normal business hours of the City on every business day until the date of issuance of the bonds. 5. Reimbursement Allocations. The City's financial officer shall be responsible for making the reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount for proceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the bonds, shall specifically identify the actual prior expenditure being reimbursed or, in the case of reimbursement of a fund or account in accordance with Section 1. 103-18, the fund or account from which the expenditure was paid, and shall be effective to relieve the proceeds of the bonds from any restriction under the bond resolution or other relevant legal documents for the Bonds, and under any applicable state statue, which would apply to the unspent proceeds of the Bonds. Adopted this 1 ih day of February, 2009. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT A Capital Outlay $1,455,000.00 Memormulum TO: Mayor and City Council Shawn Sande$irector of Public Works FROM: DATE: February 11,2009 SUBJECT: Lily Lake Water Quality Study DISCUSSION: Every year, the Metropolitan Council solicits requests from cities for participation in their Annual Water Quality Study. Stillwater has included Lily Lake in this study for the past several years. The study yields valuable information about water quality (Secchi depth, phosphorous and chlorophyll). Given the on-going interest in Lily Lake and other lakes, this provides valuable pieces of information. Staff from the Washington Conservation District would obtain 14 samples April- October, while staff from the Met council would analyze the samples. The cost of participating in this study is $2548 ($1698 labor and $850 lab). RECOMMENDATION: Staff recommends that Council authorize the approval Lily Lake in the inclusion of the Metropolitan Council Water Quality Study enter into a service agreement with the Washington County Conservation District. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 2009- _, APPROVAL FOR THE INCLUSION OF LILY LAKE IN THE ANNUAL WATER QUALITY STUDY AND ENTER INTO A SERVICE AGREEMENT WITH THE WASHINGTON COUNTY CONSERVATION DISTRICT. RESOLUTION 2009-34 APPROVING AGREEMENT WITH WASHINGTON COUNTY CONSERVATION DISTRICT BE IT RESOLVED by the City Council of Stillwater, MN that the agreement by and between the City of Stillwater and Washington County Conservation District for Water Monitoring. as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign said agreement. Adopted by the Stillwater City Council this 17th day of February 2009 Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk 2009 SERVICE AGREEMENT BETWEEN WASHINGTON CONSERVATION DISTRICT AND THE CITY OF STILLWATER Contract Number: 09-0 1 Stillwat~ A. PARTIES This Agreement is made and entered into by WashingtQn Conservation District, (WCD), and the City of Stillwater. B. PURPOSE WHEREAS, the City of Stillwater has requested assistance' from the WCD to implement the polieies specified in MINN. STAT. ~~ 103A.206 and 103D.201; and' \. WHEREAS, the WeD is authorized to enter agteements to proVide such assistance pursuant to MINN. STAT. ~~ 103C.331, SUBD. 3 and 7 and 103D.335, subd. 21. NOW, THEREFORE, the parties agree as follows: . C. TERM OF CONTRACT The term of this agreement shall be from January I, 2009 to December 31,2009 unless extended or terminated earlier as provided herein. D. SCOPE OF SERVICES The WCD will perform all services and furnish and deliver work products generally described the attached Exhibits. E. COST In full consideration for services under this agreement, the WCD shall charge the City of Stillwater for its services at the rate set forth in Section F. Costs for serVices for activities detailed in the attached Exhibit include: Exhibit A: Water Monitoring - $2,548 Any additional costs for special studies or - capital projects must be, se~ forth in a written amendment to this Agreement. F. BILLING RATE, AND PAYMENTS 1. Services in Exhibit A are billed on a lump sum ba~is for services uand on an actual cost basis for lab. and project expenses and is estimated at 52,548 unless wri~en notification is provided and otherwise. authorized by the City of Stillwater. - 2. Invoices for Exhibit A will be sent ort a quarterly basis and will include any project expenses 3. Invoices are payable by the City of Stillwater within 60 days. 4. Office supplies, normal office reproduction expenses, and transportation are included in the hourly rate. Other expe~ses are to be reimbursed at actual cost. . . . G. - EQUAL EMPLOYMENT OPPORTUNITY--CIVIL RIGHTS During the performance of this Agreement, the WCD agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disa:t>ility, marital status, public assistance, criminal record, creed or national origin, be excluded from full employment rights in, be denied the benefits of, or be othelWise subjected to di,scrimination under any program, service, or activity under the provi~ions of and all applicable federal and state laws against discrimination including the Civil Rights Act of i 964. , H. STANDARDS The WCD shall comply with all applicable Federal and State statutes and regula~ions as well as local ordinances now in effect or hereafter adopted. Failure to meet the requirements of the above may be cause for cancellation of this contract effective the date ofreceipt of the Notice of Cancellation. I. DATA PRIVACY All data collected, created, received, maintained. or disseminated. or used for any purpose in the course of tl:te WCD's performance of the Agreement is governed by the Minnesota Government Data Practices Act, Minnesota 1984, Section 13.01, et seq. Or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. The WCD agrees to abide by these statutes~ iules arid regulations and as they may be amended. . J. AUDITS, REPORTS, AND MONITORING PROCEDURES The WCD will: 1. Maintain records that reflect all revenues, cost incurred and services provided in the performance of the Agreement. 2. Agree that the County, the State Auditor, or legislative authority, or any of their duly authorized representatives' at any time during normal business hours, and as often as they may deem reasonably necessary, shall have access to the rights to examine audit, excerpt, and transcribe any books, documents~ papers, records, etc., and accounting procedures aild practices of the weD which are relevant to the contract. K. INDEMNITY The WCD and the City of Stillwater mutually agree, to the fullest extent permitted by law, to indemnify and hold each other ha,-mless for any and all damages, liability or cost (including reasonable. attorneys' fees and costs of defense) arising from their own negligent acts, errors or omissions in the performance of their services under this agreement, to the extent each party is responsible for such damages and losses on a comparative basis of fault. Parties agree to provide proof of contractual liability insurance upon request. This paragraph does not diminish, with respect to any third party, any defense, immunity or liability limit that the WCD or the City of Stillwater may enjoy under law. L. INDEPENDENT CONTRACTOR It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co.partners between the parties hereto or as constituting the WCD as the agent, representative, or employee of City of Stillwater for any purpose or in any manner whatsoever. The WCDis to be and shall remain an independent contractor with respect to all services performed under this Agreement. The WCD represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of the WCD or other person, while engaged in the performance of any work or services required by the WCD under this Agreement, shall have no contractual relationship with the City of Stillwater and shall not be considered employees of the City of Stillwater. M. MODIFICATIONS Any material alteration or variation shali be reduced to writing as an amendment and signed by the parties. Any alteration, modification, or variation deemed not to be material by written agreement of the WCD and the City of Stillwater shall not require written approval. . N. MERGER It is understood and agreed that the entire agreement of the parties is contained here, except as modified during the tenn of the Agreement by a writing under Paragraph M above concerning a non-material change, and that this contract supersedes oral agreements and negotiations between the parties relating to this subject matter. All items referred to in this contract are incorporated or a~ched and deemed to be part of the contract. O. TERMINA nON Either the WCD or the City of Stillwater may terminate this Agreement with or without cause by giving the other party thirty (30) days written notice prior to the effective date of such tennination. If the . City of Stillwater terminates this Agreement, it may specify work to,be perfonned by the WCD before tennination is effective and shall pay the WCD for serVices perfonned by the WCD up to .the time specified for termination. If the wen tenninates the Agreement, it will not be compensated for part completion of a task except to the extent part completion has value to the City of Stillwater. P. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All property of. the City of Stillwater used, acquired or created in the perfonnance of work under this Agreement, including documents and records of any kind, shall remain the property of the City of Stillwater. The City of . Stillwater shall have the sole right to use, sell, license, publish, or otherwise disseminate any product developed in whole or in part during the performance of work under this Agreement. . "\ 2009 SERVICE AGREEMENT BETWEEN WASHINGTON CONSERVATION DISTRICT AND CITY OF STILLWATER IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. APPROVED: CITY OF STILLWATER WCD Board President Date BY: ~U~" Jxilb./~;' I-I:J-()? Board Chair. . Date BY: BY: Secretary Date B~9-~~~ Manager I-IZ-o, Date , Approval as to form and execution: Date / EXliIBIT A: WASHINGTON CONSERVATION DISTRICT WATER MONITORING SERVICES Lake Plan Reco_ndatlon Measure internal hosphorus release in Lily Lake Monitor water uality in Lily Lake Activity Labor Lab Total Lily Lake Surface and Hypolimnion Water Quality Sampling 14x/year $ 1,698 $850 $2,548 $0 $0 $0 MeKuslek Lake Plan'Reeo_ndatioJi ID Pho borus source between Loli . and Diversion ID PhoSphorus source between Annexed Area and Diversion Ac:tIvlty Water Quality Grab Samples at 3 Locations between Long and Diversion (Costs paid by BCWD) Labor Lab Total $0 $0 $0 Monitor water quality in Mc:Kusic:k Lake c:Kusic:k Lake Surfac:e WQ Samplin 14xJyear (Costs paid thru MSCWMO $0 $0 $0 RESOLUTION 2009-35 APPROVING COMMUNICATIONS SYSTEM SUBSCRIBER AGREEMENT BE IT RESOLVED by the City Council of Stillwater, MN that the agreement for Region wide Public Safety Radio Communications System (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 17th day of February, 2009 Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Washington ~ ~County ::;7"'"'" _ 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 ~~ Commitment to 'EJ(celfena 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 ~- , ~~~~~ wdt' ~~~ .~Lo ~~ ~-1~&.' ~ I1H2-b.~Il!J;:::l.J.:- ;::t;;{ 4 frv ~ ~ w:Jvv/W"~~. ~ - 'AJ4~ ~UAPf- ?/~- / 0 rrv-.'4 ~ ~/?!J ~ #I, ,~4'~ -.0 Law Enforcement Center · 15015 62ndStreetNorth P.O. Box 38 1,Stillwat r,Mi estx'kjs0~0~4' Phone: 651-430-7600 · Fax: 651-430-7603 · TTY: 651-430-6246 A..,~.. ~ www.co.washington.mn.us . v -; Equal Employment Opportunity / Affirmative Action l)-r~ ~~~- CJ~ c:0 Dean Tilley, Radi~r Washington County 15015 62nd Street North P.O. Box 3801 Stillwater. Minnesota 55082 " . . Washington :: 3County 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 STATE 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 RESPONSmILITIES OF USER 2.1 Conformance to Statewide Radio Board (SRB). MetroDolitan Emenzencv 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 Part 90 of the Federal Communications Commission Rules and Regulations. 2.3 ResDonse to ImDroper 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 Emere:ency 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 J .1 ,_ 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 he 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 security information and non-public ~overnment 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 responsibility of the USER except for fleet map and code plug 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 anytime, 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 Agreement 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. 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 Privacy 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 vailability/ 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 c' 11 '. 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 Chair Date Board of Commissioners James R. Schug Date County Administrator i MEMORANDUM To: Mayor and City Council From: Shawn Sanders, ~ector of Public Works Date: February 13, 2009 Subject: Liberty Stop Signs DISCUSSION Last month, there was Council discussion to install nine new stop signs at five intersections in the Liberty neighborhood. These intersections include: 1. Newman Trail and Reunion Road (East and West Bound Newman Trail) 2. Liberty Parkway and Country RoadlPioneer Road (North and South Bound Liberty Pkwy) 3. Rutherford Road and Tall Pine Trail (North and South bound Rutherford Road) 4. Homeward Way and Heritage Avenue (North and Southbound Homeward Way) 5. Heritage Avenue and Country Road (sign location not specified). Enclosed is a map showing the existing and the proposed stop signs in the area. Chief Gannaway and I, along with Councilmember's Polehna and Roush attended a Liberty Homeowners Association (HOA) last month and heard comments from the board members and other residents and they expressed concern of safety at these intersections, felt that when the temporary signs were installed traffic speeds were lower and that permanent stop signs should be installed. Intersections 1-3 were studied in the fall by the Engineering department to determine if they meet the criteria for multi-way stop installations established by the Minnesota Manual of Uniform Traffic Control Devices (MnMUTCD). Criteria include traffic volume and vehicle and pedestrian accidents. Results of the study showed the additional signs at these locations (1-3) were not justified were not approved by the Council. (A stop sign was added at westbound Tall Pine Trail and Rutherford Road). Homeward Way and Heritage Avenue is a T-intersection. There is a sight obstruction (four feet high fence) at the northwest comer ofthe intersection, but a stop is in place on the eastbound Heritage Avenue. The request is to install two additional stop signs, making it a three legged stop intersection The intersection of Country Road and Heritage Ave/Tending Green is an uncontrolled intersection. The residents at the HOA meeting supported a sign on westbound Heritage Avenue because of sight obstructions. After investigation, there does appear to be sight obstructions on both the north and southbound lanes. The existing stop sign system in the Liberty neighborhood appears to be working satisfactorily. A stop sign study was completed back in 2003, and there were two recommendations for stop sign changes in the Liberty development but none were for any of these intersections. Tallpine Trail and Reunion Road at Newman Trail was not fully constructed The study does mention that Rutherford Road is the main entry and all the cross streets to Rutherford Road are stopped, so a stop sign was added to at Tallpine Trail this past fall. Since the report a stop sign was installed on Reunion Road at Newman Trail. According to the Federal Highway Administration, unwarranted stop signs encourage motorists driving faster between intersections to save time, encourage violation of traffic laws, encourage the use of alternate routes and increase the chance that drivers will disregard conflicting vehicles and pedestrian traffic. They also state that stop signs are not a solution to intersection safety problems caused by poor sight distance. RECOMMENDATION Council should consider the request for the additional stop signs at the proposed locations. If the stop signs are approved, an additional stop sign should be installed at the Heritage Avenue/ Country Road intersection for a two-way stop to remain consistent in the placement if stop signs. STREET NORTH . lI') .... w ~ z < !1 ~ w " z ~ !1 ~ Li berty Stop Signs lI') ..... v " . EXISTING "YIELD" EXISTING "STOP" PROPOSED "STOP" :I: <( en () o , N W~E 500 F~ , s ] ] ] ] ] ] ] J ] J ] J, ] ] J ]. ] J J F<LoM <;fH R~ ~C)(L\ S1 (J~ s; G!\J ~ 2.0 2.1 Purpose and General Information Purpose Stop signs are intended for use where traffic is required to stop. They are designed to control traffic approaching an intersection. Minnesota State Statutes indicate that the driver of a vehicle shall stop in obedience to a stop sign and "shall proceed cautiously, yielding to vehicles not so obliged to stop which are within the intersection or approaching so closely as they constitute an immediate hazard, but then may proceed." Most motorists who are approaching a busy intersection and face a stop sign will come to a complete stop and will follow the language and intent of the law. These motorists will also stop at the same intersection when traffic volumes are relatively low, recognizing that there was a purpose behind the stop sign. However, motorists approaching a very low volume intersection at which they seldom see any traffic are more likely not to stop at it. Because of this phenomenon, the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD) has developed a series of warrants for stop sign installation. These warrants provide guidelines for the installation of the stop sign so that they may be consistent in use throughout the United States, and motorists will have confidence that the stop sign was installed for good reason and should be adhered to. When stop signs are installed consistent with the MMUTCD, they generally are effective traffic control devices getting reasonable respect from motorists. They help define through streets or provide order and assign right-of-way at an intersection. They are not, however, needed at every intersection to control traffic. 2.2 Stop signs should be installed as needed and justified at intersections, but as part of a system. An overall system of stop signs will not only designate through streets, but provide consistency and create positive driver expectancy. Motorists will appreciate the benefits and safety provided by a well-designed system of traffic controls, such as stop signs, at intersections within a City. Similarly, motorists will give more respect to all stop signs when they understand all stop signs have been placed for a justified reason and purpose, and there is consistency throughout the City. Problems with Stop Signs Most communities receive requests for stop signs for many reasons. Many of the requests for stop signs have been a result of desires of people to divert or slow traffic. It seems relatively easy and inexpensive; unwanted traffic can be discouraged from using the street, and speeds can be controlled by simply installing a stop sign. However, complaints from individuals are also received that stop signs Stop Signs Report Stillwater, Minnesota A-STILL0201.00 Page 2 ] J ] J J. , J J Jr J: J J -1 .,.i 'J J J' J 1 .~ J J are being violated by motorists on a regular basis. Observations by law enforcement and transportation officials seem to agree that red light running and stop sign violations have significantly increased in Minnesota in the past several years. There have been a number of studies made in Minnesota and other states of stop signs installed for the purpose of speed control and traffic diversion. These studies generally do not support the commonly held beliefs of the effectiveness of stop signs installed for these purposes. Studies have shown that too many stop signs and/or unwarranted stop signs create a host of undesirable traffic safety conditions. Speeds are not reduced by stop sign installation. Studies have shown that speeds can actually increase between stop signs, up to 3 to 5 mph faster. Some motorists are initated by the installation of these "speed control stop signs" and develop a tendency to make up for lost time by over-accelerating or traveling at higher speeds. Other law abiding citizens unintentionally over accelerate and adjust their speeds later, generally decreasing them to approach the 30 mph speed limit in Minnesota urban areas. Diversion of traffic is not often achieved by stop sign use. Most of the traffic on the street is there by choice, and installation of a stop sign will not cause the traffic to reroute' itself. This is especially true on collector streets that are designated to move volumes of traffic within a residential area. While stop signs may in some instances divert a small amount of traffic, the diverted traffic may simply choose a different residential street. The effectiveness of stop signs is much lower than most people believe. Often times, motorists will slow, quickly glance around for traffic, and then proceed through the stop sign at any location with lower volume traffic. At unwarranted stop signs, where motorists are not certain why the sign has been installed, the compliance is relatively poor. A National Transportation Engineering Association study indicated that 40 to 50 percent of motorists will only make a rolling stop, and of the remainder, more do not stop at all than make full legal stops. Observations throughout Minnesota have shown the violations at a lesser rate, but nonetheless with a higher percentage of violators at stop signs installed for speed control purposes. This seems to be especially true at intersections with four-way stop controls installed with a very high percentage of traffic on the major street. Another observation is that many of the violators of the stops signs live in or near the neighborhood in which it is installed. Stop Signs Report Stillwater, Minnesota A-STILL0201.00 Page 3 J 4.5.14 l .. J Stop Signs Report Stillwater, Minnesota j J J ] ] , ] I ] ] ] J ] ] 4.5.15 ] i ] I J J - ] West Long Lake 1 nts built to date on the west . h two deve opme l' The street system In t e d e through traffic and to contro d . ned to re uc side of Long Lak~ are eS1g desi n and discontinuity of streets. the flow of trafflc through road g A-STll10201.00 Page 25 Major access to the south development comes from 620d Street and consists of a north-south connection of Legend Boulevard, Barons Way, Reunion Road, and Newman Trail. This connects the main intersection in the Liberty development with the Legends development. All stop signs on cross streets are inplace with the exception of Adeline Green. This should be installed. There is also an all-way stop at the intersection of Legend Boulevard and Barons Way, even though this is a three-way intersection. The road, which continues to the east, ends up being no Way. Although there is little traffic on 110 Way, stopping both eastbound and westbound Barons Way does not seem to be consistent with flow in the neighborhood, and it is recommended that these two signs be removed. Other signs in the Legend development seemed to be reasonable. Reunion Road is stopped at Barons Way, which is similar to the revised Legend Boulevard and Barons Way intersection. Bergman Drive is stopped at Timber Way. The street system in the Liberty development is more complex. There is a four-way stop condition at the Newman Trail and Liberty Parkway intersection. Stop signs are also inplace at the cross streets leading to Liberty Parkway with the exception of Heritage Court. A stop sign should be added at this location. There are also stop signs inplace at the cross streets onto Rutherford Road, which is the main entry from the north end of the development. Yield signs are inplace at the traffic circle involving Rutherford Road and School House Circle. Other than the additional stop sign on Heritage Court, no changes are suggested in this development. North Annexation Area This area consists of the new development north of 80th Street, as well as the inplace development between 80th Street and County Road 12. There are very few completed streets in the new development and thus, no recommendations for stop sign installations. The existing stop sign installations in the existing development around Minar Lane do have some unique signing that is oriented towards making Minar Avenue the main roadway between County Road 12 and 80th Street. Minar Lane stops as the "stem" of a "T" at the north Minar A venue intersection. However, at the south connection between Minar Lane and Minar A venue, the eastbound approach on the "top" of the "T" of the intersection is stopped. This is an unusual situation, but with strictly local traffic, it appears to work adequately and no recommendations are made for changes. IntersectIOn Sat.ety: Myth Versus KealIty Page 1 of3 ~"'l 1..., to; 00()j::::.Hlf~""t5;" ~ \J ~(y' It L>CIt(G~,-,-~<r ~... FeGieral !-Ilghwoy ,<\dn~ln,sll(jhon ;';1:d"'iiS:J. lU....,1"',."., II"" ,,,,,,.~. .r, , ; p. .;" In,-!.:;., ,Ir.:... it;,-r::,..~U!..,,'C--"'., Intersection Safety Briel ft<::!!;Js.1Q_.tb,~Ll~LQl.ln.t~~eGtio!:LS9J~JyJ2[J~fing_~he_~~ 10 Intersection Safety: Myth Versus Reality Traffic engineering decisions about intersection safety are often the product of factors and relationships that are more complex than the casual observer may realize. In many cases, evaluating potential solutions to crash or violation problems may reveal aspects of intersection safety and efficiency that are in conflict with one another. In reality, traffic engineers must always consider a balance between managing safety and improving intersection operations before making their final choice for intersection control. The driving public has developed a number of misconceptions about traffic control solutions over the years. This brief attempts to expose some of those myths and shed light on the rationale behind certain traffic control decisions. Myth 1: Installing signals always makes intersections safer. Reality: The installation of unwarranted signals, or signals that operate improperly, can create situations where overall intersection congestion is increased, which in tu.rn can create aggressive driving behavior. When more complex signal phasing causes longer waiting times at intersections, both drivers and pedestrians tend to become impatient and violate red lights, or drivers are tempted to cut through neighborhood streets. This subjects local residents to a greater risk of collisions, worse congestion and more air and noise pollution. Clearly traffic diversion to side streets is an undesirable side effect of long cycle lengths and congestion. This diverted traffic may increase risk on the side streets, but the cause of this increased safety risk should not be attributed to the new signal. Additional traffic safety measures are sometimes necessary to offset increased traffic and speeding through neighborhood streets. One way of improving waiting times at an intersection with a new signal is to make sure the minor street waiting times are less than they were before installation of the signal. This improvement will encourage motorists to use signals on main roads instead of neighborhood streets. Over the years, a number of misconceptions about traffic-control solutions have become apparent. This briefing sheet attempts to shed some light on the rationale for why certain traffic-control decisions are appropriate and required. On occasion, other traffic control options, such as stop control or the introduction of roundabouts can perform as well as, or even better than, signals in managing both vehicle and pedestrian traffic safety at intersections. This is particularly true when signals are inappropriately placed at locations where traffic volume is relatively low. Intersections with signals that have very low traffic volumes tend to tempt drivers and pedestrians to violate that red light. Myth 2: Having a stop sign is always better than no stop sign, OR, more stop signs are always safer than fewer stop signs. http://safety.fhwa.dot.gov/intersections/interbriefing/l Omyth.htm 2/13/2009 Intersection Safety: Myth Versus Reality Page.2 of 3 Reality: Unwarranted stop signs create problems at both the intersection and along the roadway by: . Encouraging motorists to drive faster between intersections in order to save time. Placing stop signs on every low-volume local street promotes speeding between the stop signs as drivers try to offset the delays caused by stopping at every intersection; . Encouraging violation of traffic laws. As the number of stop signs increase so that nearly every intersection has one, the rate of stop sign violations tends to increase; . Encouraging the use of alternate routes. Placing too many stop signs in some areas often causes traffic to use other neighborhood routes to avoid a sequence of intersections that may be controlled by stop signs; and . Increasing the chance that drivers will disregard conflicting vehicle and pedestrian traffic, which raises the risk of collisions. There is no evidence to indicate that stop signs decrease the overall speed of traffic. Impatient drivers view the additional delay caused by unwarranted stop signs as "lost time" to be made up by driving at higher speeds between stop signs. Unwarranted stop signs breed contempt in motorists who tend to ignore them or only slow down without stopping. This can sometimes lead to tragic consequences. Stop signs should never be installed as a routine, cure-all approach to curtail speeding, prevent collisions at intersections, or discourage traffic from entering a neighborhood. Stop signs should be installed only after an engineering study determines that there is a need. Stop signs are not a solution to intersection safety problems caused by poor sight distances and deficient road design. Myth 3: Installing stop signs on all approaches (four-way stop) to an intersection will always result in fewer accidents. Reality: Four-way stop signs do not necessarily improve pedestrian or vehicle safety. In fact, pedestrians in stop sign-congested neighborhoods often have a false sense of security about crossing local streets with four-way stop signs. The application of traffic control devices, to the casual observer, often creates this sense of security, but in reality may actually increase safety risk. If control devices are improperly applied, they can create confusion between the pedestrians and the driver as to who has the right-of-way, thereby increasing the risk that one of the two will make an improper decision resulting in serious consequences. Placing four-way stop signs on roads of very unequal design, speed and traffic volume will tend to promote stop-sign violations by drivers, especially on main roads. Driver expectancies are violated in situations like this and when this occurs, improper actions result which can increase safety risk at intersections. Placing four-way stop signs at every intersection where there were formerly only two-way stop signs also usually increases congestion. Four-way stop signs should only be considered after an engineering study and a capacity analysis are performed. Generally, every State requires the installation of traffic control devices, including stop signs, to meet State standards of the department of transportation. The State standards are based on the Manual on Uniform Traffic Control Devices{MUTCD). The MUTCD is the national standard for traffic control devices. It prescribes standards for the design, location, use and operation of traffic control devices. The MUTeD is located at the following Web site:httQ;1lm!Jt~dJhwQ,QQtgQ...,. http://safety.fhwa.dot.gov/intersectionslinterbriefing/I Omyth.htm 2/13/2009 Intersection Satety: Myth Versus RealIty Page 3 of3 Myth 4: Signals are always better than stop signs. Reality: Installing stop signs instead of signals when there is no intersection traffic control, increasing the size or visibility of existing stop signs, or placing them in a better location otten increases both vehicle and pedestrian safety without the initial expense and later maintenance costs of signals. While waiting for signals to qualify for installation, the substantial amount of money saved can be used to make roads safer. .. u::.......' ~ .~...:r u.s. Department of Transportation Institute of , . Federal Highway Administration ADVOCATES FOR HIGHWAY Transportation Engmeers AND AUTO SAFETY Intersection Safety is a National Priority This page last modified on September 10, 2004 EHWAHQme I Eee.dPgCK OFHWA United States Department of Transportation - Federal Highway Administration http://safety.fhwa.dot.govlintersectionslinterbriefing/I Omyth.htm 2/1312009 t>-z, 2 MEMORANDUM To: Mayor and City Council From: Shawn Sanderitirector of Public Works Date: October 23,2008 Subject: Liberty Stop Study ISSUE At the start of the Manning A venue Construction Project, temporary stop signs were installed at four intersections in the Liberty neighborhood. These signs were installed at the request from residents who had noticed an increase traffic volumes and speed because of the closing of Manning Avenue for construction. Intersections where temporary stop sign were installed include: 1. Tall Pine Trail and Rutherford Road 2. Settlers Way and Liberty Parkway 3. Liberty Parkway and Country Road/Pioneer Place 4. Reunion Road and Newman Trail Since then it has been requested that staff study these locations to determine if these temporary stop signs should be made permanent. FINDINGS The Liberty development neighborhood was constructed in the late 1990's and the early 2000's.and were designed to reduce through traffic and to control the flow of traffic. The streets of Liberty Parkway, Liberty Avenue, Rutherford Road, Settlers Way and Reunion Road were intended as the through streets for the neighborhood. This shows in the design of streets since they all have a 28' street width. With the exception of the intersection at Tall Pine Trail and Rutherford Road, stop signs were installed as follows: northbound Reunion Road at Newman Trail, northbound Liberty Parkway at Settlers Way, and westbound Pioneer Place and eastbound Country Road at Liberty Parkway. The Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD) which lists criteria that should be considered in an engineering study for a multi-way stop sign installation (Chapter 2b.7) which states: A. Where traffic control signals are justified, the multi-way stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for the installation of the traffic control signal. B. A crash problem, as indicated by 5 or more reported crashes in a 12 month period that are susceptible to correction by a multi-way stop installation. Such crashes include right- and left-turn collisions as well as right-angle collisions. C. Minimum volumes. 1. The vehicular volume entering the intersection from the major street approaches( total of both approaches) averages at least 300 vehicles per hour for any 8 hours of the day, and 2. The combined vehicular, pedestrian, and bicycle volume entering the intersection form the minor approaches (total of both approaches) averages at least 200 units per hour for the same 8 hours, with an average delay to minor street vehicular traffic of at least 30 seconds per vehicle during the highest hour. 3. If the 85th percentile approach speed of the major traffic exceeds 40 mph, the minimal vehicle volume warrants are 70 percent of the above values. D. Where no single criterion is satisfied, but where Criteria B,C.] and C.2 are all satisfied to 80 percent of the minimum values Criteria C.3 is excludedfrom this condition. In order to conduct a study, the city borrowed traffic counters from Washington County. Approach counts were taken at each ofthe legs of the four intersections for a minimum period of 48 hours. This data is then analyzed and used to determine the major and minor approach volumes. Approach speeds were not taken since the speed limit on the residential streets is 30 mph. Accident reports were provided by the Stillwater Police Department. Multi-way stop evaluation forms for each of the intersections are attached and they show that none of the criteria for a multi-way stop are not met at any of the intersections. (The highest volume for both approaches, major and minor, at any of the intersections was at the Liberty Parkway and Settlers Way with an average 125 and 72 vehicles, respectively, for any 8-hour period, far below the minimum standards.) The police reports showed that there was only one accident reported at any of these intersections, and this was due to winter conditions. DISCUSSION Stop signs should not be used for speed control and should be installed in a manner that minimizes the number of vehicles having to stop. They can be installed at intersections by assigning right-of way to "major" traffic or if sight views are restricted. For Liberty, it appears that streets with the higher volumes are those with the wider street width and stop signs are installed on the minor streets approaches, except for Tall Pine Trail and Rutherford Road, where no stop sign is installed on Tall Pine Trail. There are some intersections where sight views are limited but these locations are addressed with existing stop signs. Also it should be pointed out that the installation of unwarranted stop signs often leads more violations for failure to stop, increase in speeding between signs and an increase in accidents. Studies have shown that where stop signs are installed and not warranted, there is a low level of compliance. In these studies motorists were observed either rolling or running a stop sign. When a driver does not believe that a stop sign appropriately reflects the condition, the drive often disregards it. This is based on the drivers feeling that the signs have no traffic control purpose. Staff spent one hour at each of the four intersections during a peak volume hour to observe driver compliance at the stop signs and ofthe 602 observed vehicles cars at these intersections only 33 vehicles or 17% made a complete stop. RECOMMENDATION According to the criteria established by the MNMUTCD, none of the four intersections in the Liberty neighborhood where the temporary stop signs were installed meet the criteria for a multi-way stop. It is recommended that all the temporary stop signs be removed, except that a permanent stop sign be installed at eastbound Tall Pine Trail and Rutherford Road. ACTION REQUIRED If Council concurs with the recommendation they should pass a motion directing staff to remove the temporary stop sigp at the above-mentioned four intersections. Pass a motion to install a permanent stop sign at eastbound Tall Pine and Rutherford Road, or if council does not agree with the recommendations they should consider the locations and direct staff to install permanent stop signs at any, at all or at none of these intersections. City of Stillwater Multi-way Stop Warrant Date of Traffic Count 9/29/08-10/01/08 Intersection of Liberty Parkway and Settlers Way A. INTERIM MEASURE SATISFIED NOT SATISFIED x Where traffic controls signals are justified N/A B. ACCIDENTS SATISFIED A crash problem indicated by 5 or more reported crashes in a 12-month period that are susceptible to correction by a multi-way stop installation. NOT SATISFIED x None C. MINIMUM VOLUMES CRITERIA SATISFIED 1. The vehicular volume entering the intersection from the major street approaches (Total from both approaches) averages at least 300 vehicles per hour for any eight hours of an average day,and NOT SATISFIED X Settlers Way 125 < 300 2. The combined vehicular, pedestrian and bicycle volume entering the street approaches (total of both approaches) averages at least 200 units per hour for the same 8 hours, Liberty Parkway 74< 200 with an average delay to the minor street vehicular traffic of at least 30 seconds per vehicle during the highest hour 3. If the 85th percentile approach speed ofthe major-street Traffic exceeds 40 mph, the minimum vehicular volume warrants are 70 percent of the above volumes. N/A D. EIGHTY PERCENT CRITERIA SATISISFIED Where no single criteria is satisfied, but where criteria B, C1 and C2 are all satisfied to 80 percent of the minimum values. NOT SATISFIED --.2S City of Stillwater Multi-way Stop Warrant Date of Traffic Count 9/25/08-9/27/08 Intersection of Newman Trail and Reunion Road A. INTERIM MEASURE SATISFIED NOT SATISFIED x Where traffic controls signals are justified N/A B. ACCIDENTS SATISFIED A crash problem indicated by 5 or more reported crashes in a 12-month period that are susceptible to correction by a multi-way stop installation. NOT SATISFIED X None C. MINIMUM VOLUMES CRITERIA SATISFIED 1. The vehicular volume entering the intersection from the major street approaches (Total from both approaches) averages at least 300 vehicles per hour for any eight hours of an average day,and NOT SATISFIED X Reunion Road 64 < 300 2. The combined vehicular, pedestrian and bicycle volume entering the street approaches (total of both approaches) averages at least 200 units per hour for the same 8 hours, Newman Trail 46< 200 with an average delay to the minor street vehicular traffic of at least 30 seconds per vehicle during the highest hour 3. If the 85th percentile approach speed of the major-street Traffic exceeds 40 mph, the minimum vehicular volume warrants are 70 percent ofthe above volumes. N/A D. EIGHTY PERCENT CRITERIA SATISISFIED NOT SATISFIED -----.X Where no single criteria is satisfied, but where criteria B, C1 and C2 are all satisfied to 80 percent of the minimum values. City of Stillwater Multi-way Stop Warrant Date of Traffic Count 9/29/08-10/1/08 Intersection of Rutherford Road and Tallpine Trail A. INTERIM MEASURE SATISFIED NOT SATISFIED x Where traffic controls signals are justified N/A B. ACCIDENTS SATISFIED A crash problem indicated by 5 or more reported crashes in a 12-month period that are susceptible to correction by a multi-way stop installation. NOT SATISFIED X None C. MINIMUM VOLUMES CRITERIA SATISFIED 1. The vehicular volume entering the intersection from the major street approaches (Total from both approaches) averages at least 300 vehicles per hour for any eight hours of an average day,and NOT SATISFIED X Rutherford Road 82 < 300 2. The combined vehicular, pedestrian and bicycle volume entering the street approaches (total of both approaches) averages at least 200 units per hour for the same 8 hours, Tall Pine Trail with an average delay to the minor street vehicular traffic of at least 30 seconds per vehicle during the highest hour 10< 200 3. If the 85th percentile approach speed of the major-street Traffic exceeds 40 mph, the minimum vehicular volume warrants are 70 percent of the above volumes. N/A D. EIGHTY PERCENT CRITERIA SATISISFIED NOT SATISFIED -----X Where no single criteria is satisfied, but where criteria B, C1 and C2 are all satisfied to 80 percent of the minimum values. City of Stillwater Multi-way Stop Warrant Date of Traffic Count 9/25/08- 9/27/08 Intersection of liberty Parkway and Country Road/ Pioneer Road A. INTERIM MEASURE SATISFIED NOT SATISFIED x Where traffic controls signals are justified N/A B. ACCIDENTS SATISFIED A crash problem indicated by 5 or more reported crashes in a 12-month period that are susceptible to correction by a multi-way stop installation. NOT SATISFIED x None C. MINIMUM VOLUMES CRITERIA SATISFIED 1. The vehicular volume entering the intersection from the major street approaches (Total , from both approaches) averages at least300' vehicles per hour for any eight hours of an average day, and NOT SATISFIED X liberty PArkway 94 < 300 2. The combined vehicular, pedestrian and bicycle volume entering the street approaches (total of both approaches) averages at least 200 units per hour for the same 8 hours, with an average delay to the minor street vehicular traffic of at least 30 seconds per vehicle during the highest hour Pioneer Place 36< 200 3. If the 85th percentile approach speed of the major-street Traffic exceeds 40 mph, the minimum vehicular volume warrants are 70 percent of the above volumes. N/A D. EIGHTY PERCENT CRITERIA NOT SATISFIED -----X SATISISFIED Where no single criteria is satisfied, but where criteria B, C1 and C2 are all satisfied to 80 percent of the minimum values. ,( bZ-Z, MEMORANDUM To: Mayor and City Council From: Shawn Sanders, D~~r of Public Works Date: December 9,2008 Subject: Liberty Stop Study DISCUSSION At the October 31, Council meeting, a multi-way stop sign study was presented for four intersections in the Liberty neighborhood to determine if the temporary stop signs installed during construction of the Manning Avenue should be made permanent. These intersections were Tall Pine Trail and Rutherford Road, Settlers Way and Liberty Parkway, Liberty Parkway and Country Road/Pioneer Place, Reunion Road and Newman Trail. At the direction of Council, permanent stop signs were added attwo of the locations, eastbound Tall Pine Trail at Rutherford Road and east and westbound Settlers Way at Liberty Parkway. Staff was directed to study the two other intersections once Manning Avenue reopened to traffic. Traffic counters were set out at each approach of the two intersections for a 48 hour period. Once completed, approach volumes were computed and the criteria from the Minnesota Manual on Uniform Traffic Control Devices for multi-way stop was used to determine if the temporary stop signs should be made permanent. Evaluation of the data show that none of the criteria is met for multi-way stops at either of the two intersections. (See attached evaluation sheets). Also shown on these forms are the 8 hour approach traffic volumes from the previous study when Manning A venue was closed. RECOMMENDA TION According to the criteria established by the MNMUTCD, the two intersections studied in the Liberty neighborhood do not meet the criteria for a multi-way stop. It is recommended that all the temporary stop signs at the intersections of Reunion Road and Newman Trail and Liberty Parkway and Country Road/Pioneer Place be removed. ACTION REQUIRED If Council concurs with the recommendation they should pass a motion directing staff to remove the temporary stop sign at the above-mentioned two intersections, or if council does not agree with the recommendations they should consider the locations and direct staff to install permanent stop signs at any, at all or at none of these intersections. City of Stillwater Multi-way Stop Warrant Intersection of Libertv Parkway and Country Road/ Pioneer Road A. INTERIM MEASURE SATISFIED NOT SATISFIED x Where traffic controls signals are justified N/A B. ACCIDENTS SATISFIED NOT SATISFIED x A crash problem indicated by 5 or more reported crashes in a 12-month period that are susceptible to correction by a multi-way stop installation. None C. MINIMUM VOLUMES CRITERIA SATISFIED NOT SATISFIED X 1. The vehicular volume entering the intersection from the major street approaches (Total from both approaches) averages at least 300 vehicles per hour for any eight hours of an average During Post day, and Libertv Parkway 94 < 300 60<300 2. The combined vehicular, pedestrian and bicycle volume entering the street approaches (total of both approaches) averages at least 200 units per hour for the same 8 hours with an average delay to the minor street vehicular traffic of at least 30 seconds per vehicle during the highest hour Pioneer Place 36< 200 3. If the 85th percentile approach speed of the major-street Traffic exceeds 40 mph, the minimum vehicular volume warrants are 70 percent ofthe above volumes. 17<300 N/A D. EIGHTY PERCENT CRITERIA SATISISFIED NOT SATISFIED X Where no single criteria is satisfied, but where criteria B, C1 and C2 are all satisfied to 80 percent of the minimum values. NOTE: NUMBERS IN BOLD REPRESENT POST CONSTRUCTION TRAFFIC City of Stillwater Multi-way Stop Warrant Intersection of Newman Trail and Reunion Road A. INTERIM MEASURE SATISFIED NOT SATISFIED x Where traffic controls signals are justified N/A B. ACCIDENTS SATISFIED A crash problem indicated by 5 or more reported crashes in a 12-month period that are susceptible to correction by a multi-way stop installation. NOT SATISFIED x None C. MINIMUM VOLUMES CRITERIA SATISFIED 1. The vehicular volume entering the intersection from the major street approaches (Total from both approaches) averages at least 300 vehicles per'hour for any eight hours of an average day, and Reunion Road NOT SATISFIED X 64 < 300 Newman Trail 28<300 2. The combined vehicular, pedestrian and bicycle volume entering the street approach,es (total of both approaches) averages at least 200 units per hour for the same 8 hours with an average delay to the minor street vehicular traffic of at least 30 seconds per vehicle during the highest hour Newman Trail 46< 200 Reunion Road 16<200 3. If the 85th percentile approach speed of the major-street Traffic exceeds 40 mph, the minimum vehicular volume warrants are 70 percent of the above volumes. N/A D. EIGHTY PERCENT CRITERIA SATISISFIED NOT SATISFIED -----X Where no single criteria is satisfied, but where criteria B, C1 and C2 are all satisfied to 80 percent of the minimum values. NOTE: NUMBERS IN BOLD REPRESENT POST CONSTRUCTION TRAFFIC Eastbound Pioneer Place Westbound Country Road Southbound Liberty Parkway Northbound Liberty Parkway Northbound Reunion Road Eastbound Newman Trail Westbound Newman Trail LIBERTY TRAFFIC STUDY 24 hour Approach Traffic During construction Post construction 151 245 596 616 843 325 244 70 159 351 311 212 104 102 J ~ J J/ ] )~ ]. ........ J J' "J J '" ~~ J :J J ~J J ~ .,~. These problems lead to another concern. Installation of a stop sign may lead to a false sense of security if neighborhood residents believe that child safety has been improved. Since many stop sign violators merely give "glance and go" review of the intersection, a small pedestrian could be overlooked, especially if the motorist is turning at the intersection, or the pedestrian is entering the intersection quickly without looking, assuming traffic will stop. Installing stop signs at an unwarranted location creates a traffic environment where accidents are more likely to occur. National studies have shown that accident rates have actually increased at intersections where stop signs have been installed without meeting warrants or where circumstances did not justify the installation. Reasons for this include drivers ignoring what. they perceive to be an unnecessary impediment to their travel, too many stop signs along the roadway, or pedestrians believing that vehicles will stop at a stop sign. Stop signs, therefore, should not be viewed as a cure-all for solving traffic safety related problems at an intersection or in a neighborhood. This is not to say stop signs are bad or unsafe. Properly installed at a justified location, the stop signs will provide assignment of right-of- way to motorists or at a multi-way stop, provide for alternating right- of-way. Many of the stop signs in Stillwater are beneficial to the safety and control of motorists and pedestrians. There is concern by some that an intersection without traffic control is inherently dangerous. They visualize motorists approaching the intersection without slowing or checking the cross street for traffic and then colliding in the intersection. Observations show that the opposite is more likely to occur. Motorists aware of no traffic control at an intersection will approach with more caution and awareness. Once some motorists observe stop signs on the cross street of a regularly driven street, they tend to assume all cross traffic will actually stop at the sign, and the motorist will pay less attention to cross street traffic potential. Thus, there is also a concern over inconsistency of stop sign placement. Motorists driving along a street with cross traffic facing stop signs at some intersections tend to assume all intersections on that street will be similarly controlled and drive with less concern for cross traffic at intersections. Intersections should not be judged independently in reviewing stop sign needs. For these many reasons, many local street intersections will operate better and safer without stop sign control on any approach. Installation of a stop sign should only be done after careful study. Stop Signs Report Stillwater, Minnesota A-STILL0201.00 Page 4 J ~ J J J J J J J J ] 1 \ 2.3 Requirements for Installation The new MMUTCD indicates that stop signs should not be used unless engineering judgment indicates that one or more of the following conditions exist: 1. Intersection of a less important road with a main road where application of the normal right-of-way rule would not be expected to provide reasonable safe operation 2. Street entering a through highway or street 3. Unsignalized intersection in signalized area 4. High speeds, restricted view, or crash records that indicate a need for control by the stop sign Warrants for multi-way stop applications are more specific and require specific numbers of reported crashes and minimum vehicular volumes. The MMUTCD does provide for criteria to be considered in an engineering study again with specific guidelines. There have been, unfortunately, reports of serious accidents occurring at four-way stop sign controlled intersections where both motorists involved in the crash violated the stop sign. Intersections should not be considered independently from each other, but instead should be considered as part of an overall system. Establishment of through streets justifies stop' signs along major roadways. However, stopping leads to less overall respect for stop signs. Observations on a 10 block street which had 5 stop signs installed showed that the violation rate increased as motorists proceeded through the intersections. Thus, the need to carefully consider the frequency, as well as the location of stop signs, is critical. 3.0 Jurisdiction Responsibility for determination of traffic controls at an intersection usually belongs to the higher level road authority. An intersection of a Minnesota Trunk Highway and a city street, such as Trunk Highway 95 and Myrtle Street, is the responsibility of Minnesota Department of Transportation (MnIDOT). Similarly, an intersection between a Minnesota Trunk Highway and a county road, such as Trunk Highway 96 and County Road 5, is the responsibility of MnlDOT. For the intersection of a county road and a city street, such as County Road 5 and Curve Crest Boulevard, the responsibility is Washington County's. Determination of the type of traffic control, such as a traffic signal or four-way stop sign control, rests with the higher authority. This means, MnIDOT, as an example, is responsible for the installation of traffic signals, four-way stop controls, or four-way flashers at an intersection on a trunk highway. It also means that MnlDOT is responsible for Stop Signs Report Stillwater, Minnesota A-STILL0201.00 Page 5 " MEMORANDUlVI TO: Mayor and City Council FROM: Torry Kraftson, Assistant City Engineer /;}- f~X DATE: February 12, 2009 RE: Feasibility Study for the 2009 Street Improvement Project Project No. 2009-02 INTRODUCTION In keeping with the Annual Street Improvement Project Study, it is proposed that the following streets be improved for the 2009 Street Improvement Project: . Johnson Drive and Johnson Court . Cottage Drive . Myrtle Street (3rd St. to 5th St.) . 3rd Street (Myrtle St. to Chestnut St.) . Ramsey Street (Grove St. to Greeley St.) . Center Street (Myrtle Street to Ramsey Street) . Willard Street (Greeley St. to Owens St.) · Owens Street (Willard St. to Olive St.) · Harriet Street (Myrtle St. south to ravine) . Martha Street (Myrtle St. south to ravine) . Everett Street (Myrtle St. south to ravine) . Hawthorne Lane . Northland Avenue (Hawthorne Lane to County Road 12) EXISTING CONDTIONS The 2007 pavement management plan identified these streets in poor or worst condition. The above listed streets range in age from 25 to 40 years and have reached the end of their pavement life. Pavement failure is exhibited by rutting, settling, and extensive cracking. The streets with existing concrete curb and gutter are Johnson Drive, Johnson Court, Cottage Drive, Myrtle Street, 3rd Street, Hawthorne Lane, Northland Avenue and Ramsey Street between Grove Street and Sherburne Street. The concrete curb and gutter is generally in good condition. There is asphalt or nonexistent curb on Center Street, Owens Street, Willard Street, Martha Street, Harriet Street, Everett Street, and Ramsey Street between Sherburne Street and Greeley Street. There is existing sidewalk on Myrtle Street, Cottage Drive, and Northland Avenue. The sidewalks along Myrtle Street and Cottage Drive were repaired in the 2008 Sidewalk Rehabilitation Project. Sidewalk repairs are not anticipated as a part of the project. The water system is primarily in good condition. The water board has identified 15 homes in the area with galvanized water services. These galvanized services were installed in or prior to the 1940s and have a high tendency to corrode and rupture. Replacing these services during the street improvement project is cost effective and helps to prevent future repairs beneath reconstructed streets. The sanitary sewer department is in the process of completing sewer televising of the sanitary sewer mains on the project. The sewer main in Center Street cannot be cleaned or maintained due to cracks in the pipe, joint separation, and root problems. The sanitary sewer main on Hawthorne Lane has had previous problems with backups due to protruding roots. There have been no problems with backups in the past 5 years since root-cutting was performed and some trees were removed along Hawthorne Lane. The storm sewer pipes are generally in good condition. However, many of the catch basins on the project have obsolete castings and broken-up grout on the interior of the structure. PROPOSED PROJECT A mill and overlay is proposed for Myrtle Street and 3rd Street. No sidewalk repair is planned except for updating pedestrian ramps to current standards. A full depth pavement reclamation is proposed for the remaining streets. The existing concrete curb would remain in place on Johnson Drive, Johnson Court, Cottage Drive, Hawthorne Lane, Northland Avenue, and Ramsey Street (between Grove Street and Sherburne Street). New concrete curb and gutter would be installed on Harriet Street, Martha Street, Everett Street, Willard Street, Owens Street, Center Street and Ramsey Street (between Sherburne Street and Greeley Street). A summary of the soil borings which were taken on the project indicates 3 inches of existing pavement, 3 to 4 inches of gravel, and a silty sand sub-base. The existing pavement would be reclaimed, milled, and mixed with the existing gravel base. An asphalt base course of2.5 inches would be placed followed by a 1.5-inch wear course. Approximately 30 catch basins would be replaced or rehabilitated. To meet the requirements of the Middle Saint Croix Watershed Management Organization (MSCWMO), three rain gardens would be constructed. A storm sewer pipe would also be installed in the Myrtle Street Ravine concurrent with the street project. The ravine is marked by gullies and significant wash-outs that have been caused by storm runoff. During significant storm events, sediment is deposited in the lower reaches of the ravine and is also carried into the Saint Croix River. A storm water basin would be constructed in the ravine bottom just east of Harriet Street. The proposed basin would allow runoff to settle out and would infiltrate up to a I-inch storm event, thereby reducing pollutant loading from the basin by 80%. The ravine project would be funded through the storm water utility fund. The 15 galvanized water services within the project area would be replaced with copper service pipe. Property owners would have the opportunity to replace the services prior to the project or have them replaced and assessed as a part of the project. Sanitary sewer main would be replaced on Center Street and other specific locations on the project as determined by sewer televising. PROJECT COST AND FINANCING Myrtle Street Ravine Construction Cost $300,000 The Myrtle Street Ravine would be funded from the storm water utility fund. Street Improvement Project Cost (includes engineering, admin.) $1,607,850 The project cost estimate for the street improvement project includes $32,000 to replace galvanized water services. The property owners with the galvanized services would pay 100% of this cost in accordance with the assessment policy. It is proposed that all remaining costs be recovered 50% by special assessments and 50% from City funds. A breakdown of the proposed assessments by street is provided below. Cottage Drive $177,100 Cottage Drive consists of all multifamily properties with individually owned units on the west side of the street and rental units on the east side of the street. It is proposed that the project cost would be distributed among the 232 total dwellings by the unit method. Under a 50% assessment ratio, the preliminary unit assessment is $381.68. The 52 individually owned units on the west side of the road would each receive an individual unit assessment. The property owner of the rental units on the east side of the road would receive a combined assessment for the 180 rental units. Johnson Drive, Johnson Court, Hawthorne Lane, Northland Avenue, Ramsey Street, Center Street, Owens Street, Willard Street, Harriet Street, Martha Street, Everett Street $1,274,252 It is proposed that properties with existing concrete curb and gutter receive lower assessments since those properties have already received concrete curb and gutter installation costs. The streets with existing concrete curb and gutter are Johnson Drive, Johnson Court, Cottage Drive, Hawthorne Lane, Northland Avenue, and Ramsey Street (between Grove Street and Sherburne Street). The streets proposed to receive new concrete curb and gutter are Harriet Street, Martha Street, Everett Street, Willard Street, Owens Street, Center Street and Ramsey Street (between Sherburne Street and Greeley Street). It is proposed that the front footage method be used for the City property (Northland Park and 3 lots on Johnson Court) and the commercial property on the north side of Ramsey Street between Greeley Street and Owens Street. With the front footage method, an adjusted front footage is calculated for each property based on the procedure established in the assessment policy. Under a 50% assessment ratio, the preliminary front footage assessments would be $47.71 for properties with concrete curb and gutter and $61.21 for streets without concrete curb and gutter. The single and multi-family properties are proposed to be assessed by the same method that was used for the 2008 Street Improvement Project. Standard interior lot: 1 unit Vacant or sub-dividable lot: 1 unit to be deferred until lot is built on Comer lot: 0.5 units for each side reconstructed Multifamily lot: 1 unit + 0.2 units for each additional occupancy There are 5 multifamily properties along these streets and 1 vacant lot. There are 74.7 assessment units along the streets with concrete curb and gutter and 28.6 assessment units along the streets without concrete curb and gutter. The preliminary unit assessment for properties with concrete curb and gutter is $4,815 and the preliminary unit assessment for properties without concrete curb and gutter is $6,445. Galvanized water service replacement would be charged 100% to the property owner at a preliminary assessment rate of $2,000. The following table summarizes the types of properties on the project and the proposed assessment rates. Myrtle Street $156,500 Since the properties along Myrtle Street and 3rd Street are a mixture of residential, commercial, and institutional properties, it is proposed that the front footage assessment method be used for the commercial and institutional properties and the unit method for the residential properties. There are 924 feet of commercial property and 12.4 residential units as determined by the above-mentioned unit method. Under a 50% assessment ratio, the front footage assessments for Myrtle Street would be $47.57 per foot. The preliminary unit assessment for the residential properties would be $2,685. There are two galvanized water service replacements proposed on Myrtle Street which would be charged 100% to the property owners at a preliminary assessment rate of $3,000 per property owner. Since only a mill and overlay is proposed on Myrtle Street, the galvanized service replacement cost includes restoration of curb, sidewalk, and bituminous base course. Assessment Summary Table Assessment Adjusted Assessment Assessment Street Rate Front footage Units Amount Myrtle Street commercial $47.57/ foot 924 $43,955 Myrtle Street residential $2,685/unit 12.4 $33,294 Cottage Drive multi-family $381.68/ unit 232 $88,550 Commercial on Ramsey $61.21/ foot 146 $8,937 Curbed other than Myrtle, Cottage $4,815/ unit 74.7 $359,681 Residential non-curbed $6,445/ unit 28.6 $184,327 Assessment Subtotal (50%) $718,744 City share $857,106 Galvanized water (100%) $2,000/ service 13 $26,000 Galvanized water on Myrtle (100%) $3,000/ service 2 $6,000 Street Improvement Project Cost $1,607,850 Myrtle Street Ravine Cost $300,000 Combined Project Cost $1,907,850 PROPOSED SCHEDULE (PRELIMINARY) February 17 ............................Feasibility Study March 17 .............................. ..Public Hearing April 7........... ......... ....... ........ . Approve plans May 5 .................................. . ..Award bid May through August ..............Construction September 16 .........................Assessment Hearing RECOMMENDATION Since the project is feasible from an engineering standpoint and the project is cost effective, it is recommended that Council accept the feasibility report for the 2009 Street Improvement Project and order a public hearing to be held on March 17,2009 at 7:00PM. ACTION REQUIRED If Council concurs with the recommendation they should pass a motion adopting Resolution No. 2009-_, RESOLUTION RECEIVING REPORT AND CALLING HEARING ON 2009 STREET IMPROVEMENT PROJECT, (PROJECT 2009-02). PROPOSED 2009 FEASIBILITY STUDY AREA illwater '- --~ ~ \ THE IIRTHnACE IF MINNESlTA o 1000 2000 ~ SCALE IN 4000 I FEET RESOLUTION RECEIVING REPORT AND CALLING HEARING ON 2009 STREET IMPROVEMENT PROJECT (PROJECT 2009-02) WHEREAS, pursuant to resolution of the Council adopted November 18, 2008, a report has been prepared by the City Engineer with reference to the 2009 Street Improvement Project; and WHEREAS, the report provides infonnation regarding whether the proposed project is necessary, cost-effective, and feasible, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOT A: 1. The Council will consider the improvement of such street improvements in accordance with the report and the assessment of abutting property for a portion of the cost of the improvement pursuant to Milmesota Statutes, Chapter 429 at an estimated total cost of the improvement of$I,607,850. 2. A public hearing shall be held on such proposed improvement on the 1 ih day of March 2009, at the Stillwater City Hall Council Chambers at 7:00 p.m., or as soon as possible thereafter, and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council of the City of Stillwater this 1 ih day of February 2009. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk ORDINANCE NO.: AN ORDINANCE AMENDING THE STILLWATER CITY CODE, CHAPTER 38-3, NOISE CONTROL REGULATION THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amending. Stillwater City Code Section 38-3, Noise Control Regulation, is amended by adding Section 38-3, Subd. 4 that will hereafter read as follows: "Section 38-3, Subd. 4 Variances. (a) The City Council is empowered to grant requests for variances from the literal provisions of the Noise Control Regulation because of circumstances unique to the individual property under consideration. (b) No variances may be granted until a public hearing is held by the City Council and a notice of the time, place and purpose of the hearing must be published in the official newspaper of the municipality at least 10 days prior to the day of the hearing. Similar notice must be mailed at least 10 days before the day of the hearing to each owner of property situated wholly or partly within 350 feet of the property to which the request for a variance relates." 2. Saving. In all other ways the City Code will 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 Adopted by the City Council of the City of Stillwater this _ day of March, 2009. CITY OF STILL WATER Ken Harycki, Mayor ATTEST: DianeF. Ward, City Clerk Memorandum Date: February 6, 2009 To: Mayor and City Council Members Cc: City Administrator Larry Hansen Subject: Seasonal Hiring-Community Service Officer(s); Parking Attendants Please consider this memorandum as the Police Department's request to hire two Community Service Officers (CSO's) and 4-6 Parking Attendants. We normally request to hire three CSO's, but we cut one ofthose positions during the budget reductions. One position is paid by the Police Department Budget, one is paid by the Parking Enterprise Fund. The CSO funded by Parking focuses more on parking enforcement, but does handle other CSO duties. CSO's are vital to summer operations ofthe Police Department. As you know, our calls for service go up dramatically during the warmer weather months. CSO's handle many duties that officers handle during the winter such as parking enforcement, animal control, residential checks (vacations, etc...), transporting evidence for processing, traffic control, park patrol, locking public restrooms, and nuisance property compliance, to name a few. CSO's have become a vital component of police operations, freeing up officers to handle the increased call load. CSO's handle what we would term quality of life or courtesy calls as our officers may have to 'stack' (delayed response, prioritized based upon urgency) them during the warm season shifts. Parking Attendants also have an important role. With an estimated one million visitors coming to Stillwater each year, parking becomes a substantial issue (we have a little over 1,600 parking spots downtown). The parking lots, especially the paid lots, can get quite chaotic. The Parking Attendants assist visitors in paying for parking and directing them to open parking areas/lots. When Parking Attendants are not on duty, we have far more parking issues/related calls. We do not specify how many Parking Attendants to hire, as it depends on ho~ many applicants we receive and whether they are qualified or not. The Parking Enterprise Fund pays their salaries ($7-$10 per hour). ORDINANCE NO.: AN ORDINANCE AMENDING STILL WATER CITY CODE, CHAPTER 51, TRAFFIC THE CITY COUNCIL OF THE CITY OF STILL WATER DOES ORDAIN: 1. Addine:. The City Code is hereby amended to add a new Section 51.5, subd (8) that will hereafter read as follows: "(8) After all snow has been cleared, parking is allowed on both sides of Owens Street between Wilkins Street and St. Croix Avenue." 2. Savine. In all other ways the City Code will remain in 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 Adopted by the City Council of the City of Stillwater this _ day of March , 2009. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk ~. Community Develop. Dept. 2008 Report 2/9/2009 Permit Issuance ".....,....-..-- --,.,.....,..., -.. -. --- --..,... - --:-..,- ~- ----,,-.-- ---.-- ~ 2000 ::: Jtj);(l=]= ~lJlIjJIF~= 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 -COMMERCIAL PERMITS _RESIDENTIAL PERMITS ~ ~ilding Inspection Division j ~~~~\ New Residential Units 300 250 200 150 100 50 o - i i.':- "t - f- T f ' . t1 I ,I -,,:1 - -,~ '1 2004 2005 2006 2007 2008 1998 1999 2000 2001 2002 2003 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 Fl Multiple Family 0 0 0 37 91 0 0 0 0 0 0 !q Duplex 0 2 0 0 0 2 0 0 0 0 0 "'Twinhomes 8 16 4 0 14 2 0 0 0 0 0 Condo/TH 0 0 96 90 82 71 132 95 8 18 18 Il3Smgle family detached 35 105 122 103 103 104 58 44 45 22 42 l...ilding Inspection Division ~\~), Slide excerpts 1 .~ Community Develop. Dept. 2008 Report 2/9/2009 ~ .-=ilding Inspection Division (~~~), Building Permit Revenue $2,000,000.00 $1,800,000,00 $1,600,000,00 $1,400,000.00 $1,200,000.00 $1,000,000,00 $800,000,00 $600,000,00 $400,000,00 $200,000,00 $0.00 uilding Inspection Division ~" _J Slide excerpts 2 Community Develop. Dept. 2008 Report 2/9/2009 ~ 2008 Accomplishments .. Transitioned from three inspectors to two. ~ Implemented streamlined procedures and policies to manage workload with fewer inspectors. &' Earned an improved fire insurance rating, which would allow reduction of home/business insurance premiums. · Began creating laser fiche version of address files. · City adopted 2006 International Building Code. I J ..:. uilding Inspection Division ~- , :anning Division ~~~), I I --.J Slide excerpts 3 Community Develop. Dept. 2008 Report ~'"":-. 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 r"'l n tl I r I r I , , Cases by Type ~ ~ , r"'-'"""'---q ~ .~I ~ ~,' ~.,..." ~ ~l .... Variance .... Rezoning r> Ordinance Amendment . Mise, " Demolition Design review ! . Prelim plat . Final plat .... PUD prelim J! PUD final . Lot split .SUP o 50 100 150 200 250 L.... .3nning Division ~~ . .J ~ 2008 Accomplishments Completed Review Draft of 2030 Comprehensive Plan 2nd Street Parking Ramp design approved Completed detailed land use inventory of all 7,584 parcels in City . Continued developing Property Information System for City website. Updated City maps, including existing land use map and zoning map . Created maps of all overlay zoning districts (floodplain, shoreland, St. Croix River corridor, Neighborhood Conservation District, downtown height overlay district, Planned Unit Developments). . Implemented first phase of Heirloom Homes Program. . Worked with Washington County on new FEMA maps. I . Purchased permitWorks software for planning division. Completed 85% ~ of the planning case database conversion to import into PermitWorks. ' . Together with Public Safety Department, implemented a foreclosed , property/nuisance property clean-up program. ~ J __ I3nning Division ~~~ Slide excerpts , 2/9/2009 4 Summary of Proceedings ~ Washington County Board of Commissioners;.: ,... February 3, 2009 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; Myra Peterson, District 4, and Lisa Weik, District 5. Board Chair Peterson presided. Commissioner Reports - Comments - Questions The Commissioners reported on the following items: Commissioner Hegberg - reported on the Regional Solid Waste Management and Resource Recovery Project Board meetings the past week, both meetings had similar funding discussions; concerns were expressed by the recyclers about the decline in the recycling of paper and metals; Commissioner Pulkrabek - plans to attend the Oakdale Business Professional Association's annual gold plate dinner fundraiser on Thursday, February 5; commented on an ancillary issue related to the housing crisis where townhome associations are low on funds due to the number of units in foreclosure; and mentioned the increase in legal fees compounding the issue; Commissioner Kriesel- attended Metropolitan Council's State of the Region 2009 meeting on February 2nd; and commended Kevin Giles, Reporter for the Star Tribune for his front page article covering the meeting; attended the Lower St. Croix Valley Alliance meeting where discussions included the loss of local state aid and the possibilities of developing legislative agendas with input from the communities; they are also looking at combining services between cities; and attended a yellow ribbon committee meeting with volunteers led by Senator Saltzman to have Washington County become the first yellow ribbon county in Minnesota; the committee's goal is to provide a network of support to families with members serving in Iraq or Afghanistan; Commissioner Weik - expressed appreciation and respect for everyone's hard work and decisions that went into last week's meeting on the 2009 work plan; plans to attend Transportation Day at the Capitol on Thursday, and has appointments set up with both Representative Marsha Swails and State Senator Kathy Saltzman, she has a number of things to discuss with them but welcomed staff to offer their suggestions; attended the Metropolitan Council's State of the Region 2009 meeting on February 2nd; the meeting was very well attended and she was encouraged by the fact the presentation started out with discussion on the east metro needs; and mentioned concerns with Peter Bell's comments about using Federal stimulus dollars only for operating costs; Commissioner Peterson - mentioned these homeowner's associations may want to have discussions with those cities who are receiving funds due to the number of foreclosures. Community Corrections Board workshop held to discuss issues related to offender re-entry from jail and prison. Community Services Approval of amendment number nine to contract # 1875 between East Suburban Resources and the Community Services Department's Workforce Center (WFC) to provide employment training services to dislocated workers through December 31, 2009; Board workshop held on the topic of Children in Need of Protection or Services (CHIPS). , General Administration Board Chair Peterson asked for a moment of silence in memory of the Honorable David E. Doyscher, 10th Judicial District Judge, who passed away on February 2,2009, and the Honorable Douglas G. Swenson, 10th Judicial District Judge, who passed away on February 1, 2009. Approval of the following actions: January 20, 2009 Board meeting minutes; Appoint Linda Stanton, Woodbury, to the Mental Health Advisory Council to a first term expiring December 31,2012; Update on 2009 legislative session; Board correspondence was received and placed on file. Information Technoloe:v Approval of the data and voice cabling contract with Network Design, Inc., for the period of February 1,2009, through January 31, 2010. Library Approval of amendment to contract #4399 with SirsiDynix Corporation for maintenance of the Library's integrated library system, called HORIZON. Public Health and Environment Approval of the following actions: 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; license to use property with Children's Dental Service for the use of the WIC Clinic space in Cottage Grove for holding monthly dental clinics. Public Works Approval of the following actions: Resolution No. 2009-014, traffic control signal agreement with the city of Cottage Grove at the Intersection of County Highway 22 and Hardwood A venue; 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; 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. Reeional Railroad Authority Approval of the following actions: September 16, 2008 Regional Railroad Authority minutes; Update on status of joint powers agreement for the 1-94 corridor and the Midwest high speed passenger rail corridor. 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. Jan 28 09 09:4Ja Pat l:3anlll U;';I--tJ~";/v~ Stillwater Township Calendar p. I ~ Town Board Supervisors may attend any or all of the above meetings. A.II meetings are held In the town hall unless otherwise specified. Pat Bantli Clerk, Stillwater Township January 28, 2009 ,I, , 0" January 22, 2009 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson Jim Hiniker, Supervisors Linda Countryman, Sheila-Marie Untiedt and Matt Beane, Stillwater Township Clerk Pat Bantli, Deputy Clerk Kathy Schmoeckel and Treasurer Carol Collins. 1. AGENDA - M/S/P Untiedt/Beane moved to adopt the agenda as amended. (3 ayes) 2. TREASURER- a) Report given. b) Claims and Checks - #19007 through #19017 were approved for payment. c) Audit - Treasurer Carol Collins had checked with the State Auditor's office who agreed that escrows shoulq not be included as part of revenue so we should not be at the threshold. (Linda Countryman arrived.) d) Training - M/S/P Untiedt/Beane moved to authorize the Treasurer to attend the Treasurer Training Conference. (4 ayes) e) Copier - The costs for the maintenance agreement were discussed. Carol Collins will check on prices for a new copier. f) Recycling Grant - We have received the recycling grant from Washington County. 3. .MINUTES - M/S/P Untiedt/CountrYman moved to approve the 1/8/09 Stillwater Town Board Meeting minutes as written. (4 ayes) 4. CLERK- a) Town Hall Meeting - The Boomsite group has asked to use the Town Hall for a meeting on Thursday, January 29, 2009 from 6:30 p.m. to 8:30 p.m, The Clerk will ask Bob Ranalla to put it on the web. . b) Flo'ors - The Clean Team will buff the floors and then place the new mats down. . . M/S/F/ UntiedtjCQun.tryman moved to authorize $100.00 additional for floor preparation. (4 ayes) 5. BUDGET - The proposed budg~t was reviewed line by line. Items for future discussion includ.e: . Animal Control ~- how to adjust fees and revenue. . Loo'k into re-bidding' the Valley Green contract when it comes up for renewal. SCANNED l;,.,.. Stillwater Town Board Mtg. - 1/22/09 Page 2 ".. . The County has palq approximately $2~,009 less t~~n haq been levied. Carol Collins will check why and what to expect In 2009 arid 2010. " . Paul Pearson has been asked to look irito whether now Isa good time to do more road work with the price of oil being low. , .. ,... ," . . More discussion at the next Town "Board'meeting'''and work on the levy. 6. WASTE HAULERS AGREEMENT - The agreement between Wa.ste Management and the City of Stillwater was discussed. Our two Iicense~ha'ulers, Waste Management and Maroney's, will be asked to attend the second meeting in February to .get their input on a similar agreement for Stillwater Township. Jim Hlnlker will check with the Clh' of Stillwater to see if they would be Interested In "piggy-backing" with us on an agreement. 7. JOB DESCRIPTION - Linda Countryman's draft "~ob Duties and Responsibilities" was discussed. This would give people who may be 'interested in running for a supe"rvisor position what to expect. 8. . WASHINGTON COUNTY RESOLUTION - .M/S/P Untiedt/Countryman moved to authorize the Chair to sign the Citizen Service Award from Washington County. (4 ayes) 9. OTCHIPWE TRAILS - Attorney Soren Mattick had contacted the homeowners association to see if they are interested in purchasing the land. 10. ST. CROIX VALLEY PRESS - They are looking for an article on Stillwater Township for their residents' guide. Sheila-Marie Untiedt will write something highlighting our parks and open space and farmers market. 11. COMMUNICATION COMMmEE - Linda Countryman reported on the recent Communication Committee meeting. At the s~cond meeting in February the Town Board will discuss the committee's checklist. The !3oprd members should decide if they want to have their pictures on the web. There was discussion of putting the Township ordinances into an electronic version and posting them on the web. Pat Raleigh offered to look into this. 12. JOINT BOARD - Sheila-Marie Untiedt reported on the recent Joint Board meeting. . The Joint Board made a recommendation to change the Ceremonial Facilities draft ordinance to include a time limit on all activities, including parking at the site. . The Joint Board made a recommendation to change the Wind Energy Conversion Systems draft ordinance to limit the height of Wind Energy Conversion Systems in the Transition Zone to 75 feet, which is consistent with other tower height limits within Stillwater and the Transition Zone. The recommendations from the Joint Board will go to the Stillwater Township Planning Commission for their next meeting. l" ,. .. Stillwater Town Board Mtg. - 1/22/09 Page 3 13. ADJOURNMENT - The meeting was adjourned at 9:10 p.m. Clerk Chairperson Approved